Ordinance No. 11-2085 Development Permit Process Zoning Code ORDINANCE NO. 11-2085
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING
VARIOUS CHAPTERS INCLUDING TITLE 19, AND THE ADDITION OF UP TO
FOUR CHAPTERS TO SIMPLIFY THE DEVELOPMENT PERMIT PROCESS
AND IMPROVE READABILITY
THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDAINS AS FOLLOWS:
Section 1. Statement of Purpose.
This ordinance amendment improves readability and consistency with other City ordinances and
conformity with State Law. The ordinance amendment also simplifies the development permit
process by amending the thresholds of approval and amending public noticing requirements for
projects.
Section 2. Code Amendment.
The Cupertino Municipal Code is amended to read as shown in Attachment A.
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. The City Council declares that it would have adopted this ordinance and
each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that
any one or more sections, subsection, sentence clause, phrases or portions be declared valid or
unconstitutional.
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. CEQA.
The project has been deemed exempt from CEQA since none of the ordinance amendments have
any environmental impacts.
Section 7. Continuity.
To the extent the provisions of this Ordinance are substantially the sane as previous provisions
of the Cupertino Municipal Code, these provisions shall be construed as continuations of those
provisions and not as ainendinents of the earlier provisions,
INTRODUCED t a regular meeting of the Cupertino City Council the 1 8th day of October
2011 and ENACTED at a regular meeting of the Cupertino City Council on this 1 st day of
November 2011 by the following vote:
AYES: Wong, Santoro, Chang, Mahoney, y, Wang
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Kimberly Smith, City Clerk
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AP'P'ROVED
Gilbert Wong, Mayor, City of Cupertino
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 -2085, which was enacted
on November lst, 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.
KIMBERLLY SM , City Clerk and Ex- officio Clerk
of the City Council of the City of Cupertino, California
ordinance certificate
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Table of Contents
TITLE 2: ADMINISTRATION AND PERSONNEL
CHAPTER 2.90: DESIGN REVIEW COMMITTEE
TITLE 9: HEALTH AND SANITATION
CHAPTER 9.16: RECYCLING AREAS
TITLE 14 – STREETS, SIDEWALKS AND LANDSCAPING
CHAPTER 14.18 – PROTECTED TREE ORDINANCE
TITLE 16 – BUILDINGS AND CONSTRUCTION
TITLE 17: RESERVED
TITLE 18: SUBDIVISIONS
CHAPTER 18.04: GENERAL PROVISIONS
CHAPTER 18.08: DEFINITIONS AND RESPONSIBILITIES
CHAPTER 18.12: MAPS REQUIRED
CHAPTER 18.16: SUBDIVISION MAPS (FIVE OR MORE PARCELS)
CHAPTER 18.20: PARCEL MAPS (FOUR OR LESS PARCELS)
CHAPTER 18.24: DEDICATIONS AND RESERVATIONS
CHAPTER 18.28: VESTING TENTATIVE SUBDIVISION MAPS
CHAPTER 18.32: SUBDIVISION IMPROVEMENTS
CHAPTER 18.36: REVERSIONS TO ACREAGE
CHAPTER 18.40: PARCEL MERGERS
CHAPTER 18.44: CORRECTION AND AMENDMENTS OF MAPS
CHAPTER 18.48: ENFORCEMENT OF ARTICLE PROVISIONS
CHAPTER 18.52: HILLSIDE SUBDIVISIONS
CHAPTER 18.56: STREET FACILITY REIMBURSEMENT CHARGES
TITLE 19 – ZONING
CHAPTER 19.04: GENERAL PROVISIONS
CHAPTER 19.08: DEFINITIONS
CHAPTER 19.12: ADMINISTRATION
CHAPTER 19.16: DESIGNATIONS AND ESTABLISHMENT OF DISTRICTS
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CHAPTER 19.20: PERMITTED, CONDITIONAL AND EXCLUDED USES IN
AGRICULTURAL AND RESIDENTIAL ZONES
CHAPTER 19.24: AGRICULTURAL (A) ZONES
CHAPTER 19.28: SINGLE-FAMILY RESIDENTIAL (R1) ZONES
CHAPTER 19.32: RESIDENTIAL DUPLEX (R-2) ZONES
CHAPTER 19.36: MULTIPLE-FAMILY RESIDENTIAL (R-3) ZONES
CHAPTER 19.40: RESIDENTIAL HILLSIDE (RHS) ZONES*
CHAPTER 19.44: RESIDENTIAL SINGLE-FAMILY CLUSTER (RIC)ZONES
CHAPTER 19.48: FENCES
CHAPTER 19.52: REASONABLE ACCOMMODATION
CHAPTER 19.56: DENSITY BONUSCHAPTER 19.60: GENERAL COMMERCIAL (CG)
ZONES*
CHAPTER 19.64: PERMITTED, CONDITIONAL AND EXCLUDED USES IN OFFICE
AND INDUSTRIAL ZONES
CHAPTER 19.68: ADMINISTRATIVE AND PROFESSIONAL OFFICE (OA & OP)
ZONES
CHAPTER 19.72: LIGHT INDUSTRIAL (ML) AND INDUSTRIAL PARK (MP) ZONES
CHAPTER 19.76: PUBLIC BUILDING (BA), QUASI PUBLIC BUILDING (BQ)
ANDTRANSPORTATION (T) ZONES
CHAPTER 19.80: PLANNED DEVELOPMENT (P) ZONES
CHAPTER 19.84: PERMITTED, CONDITIONAL AND EXCLUDED USES IN OPEN
SPACE, PARK AND RECREATION AND PRIVATE RECREATION
ZONES
CHAPTER 19.88: OPEN SPACE (OS) ZONES
CHAPTER 19.92: PARK AND RECREATION (PR) ZONES
CHAPTER 19.96: PRIVATE RECREATION (FP) ZONE
CHAPTER 19.100: ACCESSORY BUILDINGS/STRUCTURES
CHAPTER 19.104: SIGNS
CHAPTER 19.108: BEVERAGE CONTAINER REDEMPTION AND RECYCLING
CENTERS
CHAPTER 19.112: SECOND DWELLING UNITS IN R-1, RHS, A AND A-1 ZONES
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CHAPTER 19.116: CONVERSIONS OF APARTMENT PROJECTS TO COMMUNITY
HOUSING PROJECTS
CHAPTER 19.120: HOME OCCUPATIONS
CHAPTER 19.124: PARKING REGULATIONS
CHAPTER 19.128: ADULT ORIENTED COMMERCIAL ACTIVITIES
CHAPTER 19.132: CONCURRENT SALE OF ALCOHOLIC BEVERAGES AND
GASOLINE
CHAPTER 19.136: WIRELESS COMMUNICATIONS FACILITIES
CHAPTER 19.140: NONCONFORMING USES AND NONCONFORMING FACILITIES
CHAPTER 19.144: DEVELOPMENT AGREEMENTS
CHAPTER 19.148: REQUIRED ARTWORK IN PUBLIC AND PRIVATE
DEVELOPMENTS
CHAPTER 19.152: AMENDMENTS TO THE ZONING MAPS AND ZONING
REGULATIONS
CHAPTER 19.156: DEVELOPMENT PERMITS, CONDITIONAL USE PERMITS AND
VARIANCES
CHAPTER 19.160: TEMPORARY USES
CHAPTER 19.164: ADMINISTRATIVE APPROVAL OF MINOR CHANGES IN
PROJECTS*
CHAPTER 19.168: ARCHITECTURAL AND SITE REVIEW*
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TITLE 2: ADMINISTRATION AND PERSONNEL
CHAPTER 2.90: DESIGN REVIEW COMMITTEE
Section
2.90.010 Established.
2.90.020 Purpose.
2.90.030 Terms of Office.
2.90.040 Vacancy or Removal.
2.90.050 Chairperson.
2.90.060 Meeting–Quorum.
2.90.070 Licensed Architect.
2.90.080 Records–Agendas.
2.90.090 Powers and Functions.
2.90.100 Procedural Rules.
2.90.110 Effect.
2.90.010 Established.
The Design Review Committee (DRC) is established. The DRC shall consist of the Planning
Commission Vice Chair and one additional Planning Commission representative, to be appointed
by the Planning Commission. One additional member of the Planning Commission shall be
designated to serve as an alternate in the absence of a Planning Commission member. This
alternate member shall be selected by the Planning Commission.
(Ord. 1844, ? 1 (part), 2000; Ord. 1817, ? 1 (part), 1999)
2.90.020 Purpose.
The Design Review Committee shall endeavor to reduce the Planning Commission’s workload
by simplifying its design review responsibilities and incorporating professional architectural
advice where it adds value to the design review process. The Design Review Committee shall
include all aspects of site and architectural design, including:
A. The relationship of the building to its surrounding land uses and the street;
B. Compliance with adopted height limits, setbacks, architectural and landscape design
guidelines;
C. Protection of surrounding land uses and the subject uses from intrusive impacts, such as,
noise, glare, dust, chemicals, smells and visual disturbances;
D. Providing adequate parking and circulation for vehicles and pedestrians;
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E. The overall quality and compatibility of the building materials and architecture with the
surroundings.
(Ord. 1844, ? 1 (part), 2000)
2.90.030 Terms of Office.
All Design Review members shall have a term of one year, expiring on January 15th of each year,
or until a successor is duly appointed.
(Ord. 1844, ? 1 (part), 2000; Ord. 1817, ? 1 (part), 1999)
2.90.040 Vacancy or Removal.
Any Design Review Committee member may be removed from the committee by a majority vote
of the City Council. If a vacancy occurs including an expiration of a term, it shall be appointed
by the Planning Commission.
(Ord. 1844, ? 1 (part), 2000; Ord. 1817, ? 1 (part), 1999)
2.90.050 Chairperson.
The chairperson shall be the Planning Commission Vice Chair. The term shall be one year and
shall begin on January 15th and be complete on January 15th of the following year, or until a
successor is duly appointed.
(Ord. 1844, ? 1 (part), 2000; Ord. 1817, ? 1 (part), 1999)
2.90.060 Meeting–Quorum.
A. The DRC shall meet at dates and times prescribed by the committee. Meetings shall be
held at City Hall, 10300 Torre Avenue, Cupertino, California. The committee may adjourn any
regular meeting to a date certain, which shall be specified in the order of adjournment. When so
adjourned, such meeting shall be a regular meeting for all purpose.
B. Special meetings of the committee may be called at any time by the chairperson or by any
member of the committee upon written notice being given to all members at least twenty-four
hours prior to the meeting, unless notice is waived in writing by each member.
C. Two Design Review Committee members or one member and the designated alternate shall
be present to constitute a quorum for the purpose of transacting the business of the committee. A
majority vote of the quorum is required to approve any decision of the committee. A tie vote
constitutes a denial of any application or request.
(Ord. 1844, ? 1 (part), 2000; Ord. 1817, ? 1 (part), 1999)
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2.90.070 Licensed Architect.
A licensed architect shall make recommendations to the committee. The architect shall be
selected by the City Council and shall be compensated based upon a contract with the City for a
period not exceeding two years.
(Ord. 1844, ? 1 (part), 2000; Ord. 1817, ? 1 (part), 1999)
2.90.080 Records–Agendas.
A. The committee shall keep an accurate record of its proceedings and transactions and shall
render such reports to the City Council and Planning Commission directly after each meeting.
The appeal of said decision is governed by Chapter 19.12, Administration, of the zoning code.
The committee shall also comply with all requirements of the State of California Open Meeting
Law ( the Brown Act), including the preparation and posting of meeting agendas.
B. The committee shall be furnished with a secretary employed by the City to keep accurate
records of the committee. All records so prepared by the secretary shall be filed with the City
Clerk.
(Ord. 1844, ? 1 (part), 2000; Ord. 1817, ? 1 (part), 1999)
2.90.090 Powers and Functions.
The powers and functions of the DRC are as identified in Chapter 19.12 and perform other
functions as the City Council requires.
2.90.100 Procedural Rules.
The DRC may adopt from time to time such rules or procedures as it may deem necessary to
properly exercise its powers and functions. Such rules shall be subject to approval by the City
Council before becoming effective.
All such rules shall be kept on file with the chairperson of DRC and the City Clerk and a copy of
the rules shall be furnished to any person upon request.
(Ord. 1844, ? 1 (part), 2000; Ord. 1817, ? 1 (part), 1999)
2.90.110 Effect.
Nothing in this chapter shall be construed as restricting or curtailing any powers of the City
Council, Planning Commission or City officers.
(Ord. 1844, ? 1 (part), 2000; Ord. 1817, ? 1 (part), 1999)
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TITLE 9 – HEALTH AND SANITATION
CHAPTER 9.16: RECYCLING AREAS
Section
9.16.010 Purpose.
9.16.020 Definitions.
9.16.030Applicability of Regulations.
9.16.040 Site Development Regulations.
9.16.050 Maintenance and Collection.
9.16.060 Violation–Penalty.
9.16.010 Purpose.
A. All cities and counties are under a legal obligation to meet the provisions of the California
Integrated Waste Management Act (AB 939), which requires that by January 1, 2000, fifty
percent of the solid waste generated must be diverted through source reduction, recycling and
composting activities. To divert fifty percent of all solid waste requires the participation of the
residential, commercial, industrial and public sectors.
B. The lack of adequate areas for collecting and loading recyclable materials that are compatible
with surrounding land uses is a significant impediment to diverting solid waste and constitutes an
urgent need for State and local agencies to address access to solid waste for source reduction,
recycling and composting activities. The State Legislature, in passing the California Solid Waste
Reuse and Recycling Access Act of 1991 (AB 1327), requires all local agencies to adopt an
ordinance by September 1, 1994 relating to adequate areas for collecting and loading recyclable
materials in development projects. If the local agency fails to act by the deadline, the law
requires the agency to enforce the State’s model ordinance. The model ordinance has been
revised to fit local conditions, but otherwise complies with AB 1327.
(Ord. 1671, (part), 1994)
9.16.020 Definitions.
As used in this chapter:
A. “Development project” means any of the following:
1. A project for which a building permit is required for a commercial, industrial,
institutional or quasi-public building, or residential building having five or more living units,
where solid waste is collected and loaded.
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2. Any residential project where solid waste is collected and loaded in a location serving
five or more living units.
3. Any new public facility where solid waste is collected and loaded, including any
improvements to the areas of a public facility which are used for collecting and loading solid
waste.
4. Any subdivisions or tracts of single-family detached homes if, within such subdivisions
or tracts there is an area where solid waste is collected and loaded in a location which serves five
or more living units. In such instances, recycling areas as specified in this chapter are only
required to serve the needs of the living units which utilize the solid waste collection and loading
area.
B. “Improvement” means a site or building change which adds to the value of a facility, prolongs
its useful life, or adapts it to new uses. Improvements do not include repairs which keep facilities
in good operating condition, but do not materially add to the value of the facility, and do not
substantially extend the life of the facility.
C. “Public facility” means, but is not limited to, buildings, structures and outdoor recreation
areas owned by a local agency.
D. “Recycling area” means space allocated for collecting and loading of recyclable materials.
Such areas shall have the ability to accommodate receptacles for recyclable materials. Recycling
areas shall be accessible and convenient for those who deposit as well as those who collect and
load the recyclable materials placed in the receptacles for such materials.
E. “Recyclable material” means discards or waste materials that may be separated or mixed,
collected and processed, and used as raw materials for new products. For purposes of this
chapter, recyclable materials include any discard or waste material for which there is currently a
feasible collection system available.
(Ord. 1671, (part), 1994)
9.16.030 Applicability of Regulations.
The site development regulations prescribed in Section 9.16.040 shall apply to all
development projects which meet the following criteria:
A. Any new development project for which an application for a building permit is submitted on
or after September 1, 1994;
B. Any improvements to areas of a public facility used for collecting and loading solid waste;
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C. Any existing development project for which an application for a building permit is submitted
on or after September 1, 1994 for a single alteration which is subsequently performed that adds
thirty percent or more to the existing floor area of the development project;
D. Any existing development project for which an application for a building permit is submitted
on or after September 1, 1994 for multiple alterations which are conducted within a twelve-
month period which collectively add thirty percent or more to the existing floor area of the
development project;
E. Any existing development project for which multiple applications for building permits are
submitted within a twelve-month period beginning on or after September 1, 1994 for multiple
alterations which are subsequently performed that collectively add thirty percent or more to the
existing floor area of the development project;
F. Any existing development project occupied by multiple tenants, one of which submits on or
after September 1, 1994 an application for a building permit for a single alteration which is
subsequently performed that adds thirty percent or more to the existing floor area of that portion
of the development project which the tenant leases;
G. Any existing development project occupied by multiple tenants, one of which submits on or
after September 1, 1994 an application for a building permit for multiple alterations which are
conducted within a twelve-month period which collectively add thirty percent or more to the
existing floor area of that portion of the development project which the tenant leases; and
H. Any existing development project occupied by multiple tenants, one of which submits within
a twelve-month period beginning on or after September 1, 1994 multiple applications for
building permits for multiple alterations which are subsequently performed that collectively add
thirty percent or more the existing floor area of that portion of the development project which the
tenant leases.
(Ord. 1671, (part), 1994)
9.16.040 Site Development Regulations.
Development projects as provided for in Section 9.16.030 shall provide adequate, accessible
and convenient areas for collecting and loading recyclable materials. Structures built to enclose
recycling containers, bins and areas are considered accessory structures and are thus subject to
the provisions of Chapter 19.108.
A. Recycling areas shall not be located in any area required to be constructed or maintained as
unencumbered, according to any applicable federal, state or local laws relating to fire, access,
building, transportation, circulation or safety.
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B. Recycling areas shall be located so they are at least as convenient for those persons who
deposit, collect and load the recyclable materials placed in the receptacles as the location(s)
where solid waste is collected and loaded. Whenever feasible, areas for collecting and loading
recyclable materials shall be adjacent to the solid waste collection areas.
C. The development of recycling areas shall generally comply with the site and design
guidelines adopted in City Council Resolution No. 9219.
D. Any costs associated with adding recycling space to existing development projects shall be
the responsibility of the project applicant.
E. Recycling areas for existing multiple tenant development projects shall, at a minimum, be
sufficient in capacity, number, and distribution to serve that portion of the development project
leased by the tenant who submitted an application resulting in the requirement of a recycling area
under Section 9.16.030 of this chapter.
(Ord. 1671, (part), 1994)
9.16.050 Maintenance and Collection.
Recyclable materials shall not be allowed to accumulate such that a visual or public health or
safety nuisance is created. The property owner is responsible for arranging the pickup of
recyclable materials by the recycling contractor. Maintenance of each recycling and trash
enclosure is also the responsibility of the property owner. The recycling and solid waste
contractors are responsible for maintenance of their respective bins and containers.
(Ord. 1671, (part), 1994)
9.16.050 Violation–Penalty.
Any person who violates the provisions of this chapter shall be guilty of an infraction and
upon conviction thereof shall be punished as provided in Chapter 1.12 of this code.
(Ord. 1671, (part), 1994)
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TITLE 14 – STREETS, SIDEWALKS AND LANDSCAPING
CHAPTER 14.18 – PROTECTED TREE ORDINANCE
Section
14.18.010 Purpose.
14.18.020 Definitions.
14.18.025 Actions Prohibited.
14.18.030 Retention Promoted.
14.18.050 Protected Trees.
14.18.060 Heritage tree designation.
14.18.070 Heritage Tree List.
14.18.080 Plan of Protection.
14.18.090 Recordation.
14.18.100 Heritage Tree Identification tag.
14.18.110 Enforcing Authority.
14.18.120 Exemptions.
14.18.130 Tree Management Plan
14.18.140 Application and Approval Authority for Tree Removal Permit.
14.18.150 Director to Inspect.
14.18.160 Application Requirements.
14.18.170 Notice and Posting.
14.18.180 Review and Determination of Application.
14.18.190 Tree Replacement
14.18.200 Retroactive Tree Removal Permit.
14.18.210 Protection During Construction.
14.18.220 Protection Plan Before Permit Granted.
14.18.230 Notice of Action on Permit–Appeal.
14.18.240 Penalty.
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14.18.010 Purpose.
In enacting this chapter, the City of Cupertino recognizes the substantial economic,
environmental and aesthetic importance of its tree population. Protected trees are considered a
valuable asset to the community. The protection of such trees in all zoning districts is intended to
preserve this valuable asset. The City finds that the preservation of protected trees on private and
public property, and the protection of all trees during construction, is necessary for the best
interests of the City and of the citizens and public thereof, in order to:
A. Protect property values;
B. Assure the continuance of quality development;
C. Protect aesthetic and scenic beauty;
D. Assist in the absorption of rain waters, thereby preventing erosion of top soil, protecting
against flood hazards and the risk of landslides;
E. Counteract air pollutants by protecting the known capacity of trees to produce pure oxygen
from carbon dioxide;
F. Maintain the climatic balance (e.g., provide shade);
G. Help decrease potential damage from wind velocities;
For the above reasons, the City finds it is in the public interest, convenience and necessity to
enact regulations controlling the care and removal of protected trees within the City in order to
retain as many trees as possible, consistent with the individual rights to develop, maintain and
enjoy private and public property to the fullest possible extent.
(Ord. 2003, 2007; Ord. 1573, § 2, 1991; Ord. 1543, § 2, 1991)
14.18.020 Definitions.
Unless otherwise stated, the following definitions pertain to this chapter.
A. “City” means the City of Cupertino situated in the County of Santa Clara, California.
B. “Developed residential” means any legal lot of record, zoned single-family, duplex,
agricultural residential and residential hillside, with any structure (principal or accessory)
constructed thereon.
C. “Development application” means an application for land alteration or development,
including but not limited to subdivision of property, rezoning, architectural and site approval,
two-story residential permit, minor residential permit, planned development permit, variance,
and use permit.
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D. “Heritage tree” means any tree or grove of trees which, because of factors including, but not
limited to, its historic value, unique quality, girth, height or species, has been found by the
Planning Commission to have a special significance to the community.
E. “Owner” shall include the legal owner of real property within the City, and any lessee of such
owner.
F. “Person” shall include an individual, a firm, an association, a corporation, a co-partnership,
and the lessees, trustees, receivers, agents, servants and employees of any such person.
G. “Private property” shall include all property not owned by the City or any other public
agency.
H. “Public property” includes all property owned by the City or any other public agency.
I. "Protected tree" means any class of tree specified in Section 14.18.050, Protected Trees.
J. “Specimen tree” means any class of tree specified in Section 14.18.050B.
J. "Tree removal" means any of the following:
1. Complete removal, such as cutting to the ground or extraction, of a protected tree; or
2. Severe pruning, which means the removal of more than one-fourth of the functioning leaf and
stem area of a protected tree in any twelve-month period as determined by the Community
Development Director.
(Ord. 2056, (part), 2010; Ord. 2003, 2007; Ord. 1886, (part), 2001; Ord. 1835, (part), 1999; Ord.
1810, (part), 1999; Ord. 1715, (part), 1996; Ord. 1573, § 3, 1991; Ord. 1543, § 3, 1991)
14.18.030 Actions Prohibited.
A. It is unlawful to remove or kill any protected tree; and
B. It is unlawful to remove any protected tree in any zoning district without first obtaining a tree
removal permit as required by this Chapter.
(Ord. 2003, 2007)
14.18.040 Retention Promoted.
Protected trees are considered an asset to the community and the pride of ownership and
retention of these species shall be promoted. The Director of Community Development may
conduct an annual review of the status of heritage trees and report the findings to the Planning
Commission.
(Ord. 2003, 2007; Ord. 1715, (part), 1996; Ord. 1543, § 4.1, 1991)
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14.18.050 Protected Trees.
Except as otherwise provided in Section 14.18.120, Exemptions, the following trees shall not
be removed from private or public property, including street trees subject to Chapter 14.12 of the
Cupertino Municipal Code, without first obtaining a tree removal permit:
A. Heritage trees in all zoning districts.
B. All trees of the following species (See Appendix B) that have a minimum single-trunk
diameter of ten inches (31-inch circumference) or minimum multi-trunk diameter of 20 inches
(63-inch circumference) measured 4-1/2 feet from natural grade are considered Specimen trees:
1. Quercus (native oak tree species), including:
a. Quercus agrifolia (Coast Live Oak)
b. Quercus lobata (Valley Oak)
c. Quercus kelloggii (Black Oak)
d. Quercus douglasii (Blue Oak)
e. Quercus wislizeni (Interior Live Oak)
2. Aesculus californica (California Buckeye)
3. Acer macrophyllum (Big Leaf Maple)
4. Cedrus deodara (Deodar Cedar)
5. Cedrus atlantica 'Glauca' (Blue Atlas Cedar)
6. Umbellularia californica (Bay Laurel or California Bay)
7. Platanus racemosa (Western Sycamore)
C. Any tree required to be planted or retained as part of an approved development application,
building permit, tree removal permit or code enforcement action in all zoning districts.
D. Approved privacy protection planting in R-1 zoning districts. (Ord. 2003, 2007)
14.18.060 Heritage tree designation.
Application for designation of a heritage tree may only be initiated by the owner of property
on which the tree is located, unless the tree is located on public or quasi-public property. Any
person may apply for designation of a heritage tree if the tree(s) are located on public or quasi-
public property. An application for a heritage tree designation shall include:
1. Assessor's parcel number of the site;
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2. Description detailing the proposed heritage tree's special aesthetic, cultural, or historical value
of significance to the community; and
3. Photographs of the tree(s).
Application for designation of a heritage tree shall be referred to the Planning Commission
for review and determination in accordance with Chapter 19.12, Administration, of the Cupertino
Municipal Code.
The Planning Commission, may, by resolution, designate a tree or grove of trees as a heritage
tree (s).
(Ord. 2003, 2007; Ord. 1715, (part), 1996; Ord. 1630, (part), 1993; Ord. 1543, § 4.2, 1991)
14.18.070 Heritage Tree List.
A heritage tree list shall be created and amended by resolution. The list shall include the
reason for designation, tree circumference, species name, common name, location and heritage
tree number.
(Ord. 2003, 2007; Ord. 1543, § 4.3, 1991)
14.18.080 Plan of Protection.
As part of a development application:
A. The approval authority shall adopt a maintenance plan for protected trees. It shall be the
property owner(s)' responsibility to protect the trees.
B. Privacy protection planting in R-1 zoning districts shall be maintained. Landscape planting
maintenance includes irrigation, fertilization and pruning as necessary to yield a growth rate
expected for a particular species. Where privacy protection planting dies it must be replaced
within thirty days with the location, size and species described in Ordinance No. 1799 (privacy
protection) and its appendix. The affected property owner, with privacy protection planting on
his or her lot, is required to maintain the required planting and shall be required to comply with
Section 14.18.090.
(Ord. 2003, 2007; Ord. 1810, (part), 1999; Ord. 1630, (part), 1993; Ord. 1543, §§ 4.4, 4.5, 1991)
14.18.090 Recordation.
All protected trees required to be retained as part of a development application under Section
14.18.050C, except for trees on public property, shall have retention information placed on the
property deed via a conservation easement in favor of the City, private covenant, or other method
as deemed appropriate by the Director. The recordation shall be completed by the property
owner prior to final map or building permit issuance, or at a time as designated by the Director of
Community Development when not associated with a final map or building permit issuance.
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(Ord. 2003, 2007; Ord. 1573, § 4.6, 1991; Ord. 1543, § 4.6, 1991)
14.18.100 Heritage Tree Identification tag.
Heritage trees shall have on them an identification tag, purchased and placed by the City,
inscribed with the following information:
CITY OF CUPERTINO HERITAGE TREE NO. ___ is protected by the Protected Trees
Ordinance. Do not prune or cut before contacting the City Planning Department at (408) 777-
3308.
(Ord. 2003, 2007; Ord. 1543, § 4.7, 1991)
14.18.110 Enforcing Authority.
The Director of Community Development, or his or her authorized representative, shall be
charged with the enforcement of this chapter.
14.18.120 Exemptions.
The following situations do not require a tree removal permit prior to removal:
A. Removal of a protected tree in case of emergency caused by the hazardous or dangerous
condition of a tree, requiring immediate action for the safety of life or property (e.g., a tree about
to topple onto a principle dwelling due to heavy wind velocities, a tree deemed unsafe, or a tree
having the potential to damage existing or proposed essential structures), upon order of the
Director of Community Development, or any member of the sheriff or fire department. However,
a subsequent application for tree removal must be filed within five working days as described in
Sections 14.18.140, Application and Approval Authority for Tree Removal Permit, -- 14.18.160
of this chapter. The Director of Community Development will approve the retroactive tree
removal permit application and may require tree replacements in conjunction with the approval.
No application fee or other approval process shall be required in this situation.
B. Dead trees, in the opinion of the Director of Community Development. However, a
subsequent application for a tree removal must be filed within five working days as described in
Section 14.18.140-14.18.160, Application Requirements, of this chapter. The Director of
Community Development will approve the retroactive tree removal permit application and may
require tree replacements in conjunction with the approval. No application fee or other approval
process shall be required in this situation.
C. Thinning out/removing of trees in accordance with a recorded tree management plan that has
been approved in accordance with Section 14.18.130, Tree Management Plan. No tree removal
permit is required.
D. Public utility actions, under the jurisdiction of the Public Utilities Commission of the State of
California; as may be necessary to comply with their safety regulations, or to maintain the safe
operation of their facilities.
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(Ord. 2003, 2007; Ord. 1835, (part), 1999; Ord. 1715, (part), 1996; Ord. 1630, (part), 1993; Ord.
1543, § 7.1, 1991)
14.18.130 Tree Management Plan.
A tree management plan may be approved for a property that includes criteria for the removal
of certain trees in the future by anticipating the eventual growth of trees on the property and
specifying a time frame in which the trees may require removal to prevent overcrowding of trees.
The property owner shall have retention information placed on the property in accordance with §
14.18.090, Recordation, referring to the approved tree management plan. For a tree management
plan associated with a development application, the tree management plan shall be approved in
conjunction with the approval of a landscape plan on the subject property. The tree management
plan shall include the following:
A. A tree plan indicating all existing trees to be retained and all new trees to be planted that are
part of the approved landscape plan.
B. Labeling of the species, size in DBH at planting time or at time of tree management plan
approval, location and eventual growth size of each tree on the plan.
C. A written explanation of the specific tree(s) to be removed to prevent overcrowding, including
the eventual growth size in DBH at which time the tree is to be removed, and a time frame in
which the tree(s) will reach the eventual growth size.
The tree management plan shall be approved by the authority approving the landscape plan
prior to recordation of the tree management plan. The Director of Community Development shall
review and approve the tree management plan where no landscape plan is required.
Trees that are listed to be removed in the tree management plan may be removed within the
specified time frame per the tree management plan without a tree removal permit, except for
trees designated as heritage trees. No heritage trees shall be permitted to be removed in
conjunction with an approved tree management plan.
(Ord. 2003, 2007)
14.18.140 Application and Approval Authority for Tree Removal Permit.
A. No person shall directly or indirectly remove or cause to be removed any protected tree
without first obtaining a tree removal permit, unless such tree removal is exempt per Section
14.18.130, Tree Management Plan. Application for a tree removal permit shall be filed with the
Department of Community Development on forms prescribed by the Director of Community
Development and shall state the number and location of the trees to be removed, and the reason
for removal of each.
B. Applications for protected tree removal shall be referred to the Director of Community
Development for final review and determination in accordance with Chapter 19.12,
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Administration, except for heritage tree removals and tree removals in conjunction with
development applications. The Director of Community Development may approve, conditionally
approve, or deny the application for a tree removal permit. A tree replacement requirement may
be required in conjunction with the tree removal permit. The applicable tree removal permit fee
shall apply.
C. Application for tree removals in conjunction with a development application shall be
considered by the approval authority concerning the same property as the affected tree removal
permit application, and the determination on the tree removal permit shall be made concurrently
by the approval authority.
D. Application for removal of a heritage tree shall be referred to the Planning Commission for
final review and determination in accordance with Chapter 19.12, Administration.
(Ord. 2003, 2007; Ord. 1630, (part), 1993; Ord. 1573, § 8.1 (part), 1991; Ord. 1543, § 8.1 (part),
1991)
14.18.150 Director to Inspect.
Upon receipt of an application for removal of a protected tree, the Director of Community
Development or his or her authorized representative will, within fourteen days, inspect the
premises and evaluate the request pursuant to Section 14.18.180 of this chapter. Priority of
inspection shall be given to those requests based on hazard or disease. The Director of
Community Development may refer any such application to another department or to the
Planning Commission or an appropriate committee of the City for a report and recommendation.
Where appropriate, the Director of Community Development may also require the applicant, at
his or her own expense, to furnish a report from an arborist certified by the International Society
of Arboriculture.
(Ord. 2003, 2007; Ord. 1573, § 8.1 (part), 1991; Ord. 1543, § 8.1 (part), 1991)
14.18.160 Application Requirements.
A request for removal of any heritage or protected tree shall include the following:
A. Application information. Application for a tree removal permit shall be available from and
filed with the Community Development Department and shall contain the following information,
unless waived by the Director of Community Development:
1. A written explanation of why the tree(s) should be removed;
2. Photograph(s) of the tree(s);
3. An arborist report from an arborist certified by the International Society of Arboriculture when
required by the Director of Community Development;
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4. Signature of the property owner and homeowner's association (when applicable) with proof of
a vote of the homeowner's association;
5. Replanting plan;
6. Other information deemed necessary by the Director of Community Development to evaluate
the tree removal request;
7. Permit fee, where applicable;
8. Tree survey plan indicating the number, location(s), variety and size (measured four and a half
feet above grade) of tree(s) to be removed.
(Ord. 2003, 2007; Ord. 1835, (part), 1999; Ord. 1715, (part), 1996; amended during 12/93
supplement; Ord. 1630, (part), 1993; Ord. 1543, § 8.1 (part), 1991)
14.18.170 Notice and Posting.
A. Notice shall be provided as indicated in Section 19.12.030..
B. A notice shall be posted in accord with the requirements of 19.12.110 (F).
C. Where approval of a tree removal permit is granted by the City, the property owner shall post
the tree removal permit on site until the tree is removed or shall present proof of the tree removal
permit upon request.
(Ord. 2003, 2007)
14.18.180 Review and Determination of Application.
A. The approval authority shall approve a tree removal permit only after making at least one of
the following findings:
1. That the tree or trees are irreversibly diseased, are in danger of falling, can cause
potential damage to existing or proposed essential structures, or interferes with private on-site
utility services and cannot be controlled or remedied through reasonable relocation or
modification of the structure or utility services;
2. That the location of the trees restricts the economic enjoyment of the property by severely
limiting the use of property in a manner not typically experienced by owners of similarly zoned
and situated property, and the applicant has demonstrated to the satisfaction of the approval
authority that there are no reasonable alternatives to preserve the tree(s).
3. That the protected tree(s) are a detriment to the subject property and cannot be adequately
supported according to good urban forestry practices due to the overplanting or overcrowding of
trees on the subject property.
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B. The approval authority may refer the application to another department or commission for a
report and recommendation.
C. The approval authority shall either approve, conditionally approve or deny the application.
D. The approval authority may require a tree replacement requirement in conjunction with a tree
removal permit.
(Ord. 2003, 2007; Ord. 1573, § 9.1, 1991; Ord. 1543, § 9.1, 1991)
14.18.190 Tree Replacement
A. The approval authority may impose the following replacement standards for approval of each
tree to be removed in conjunction with an approved tree removal permit, unless deemed
otherwise by the approval authority: Replacement trees, of a species and size as designated by
the approval authority and consistent with the replacement value of each tree to be removed,
shall be planted on the subject property on which the tree(s) are to be removed. The approval
authority shall work with the applicant/property owner of the tree removal permit to determine
the location of the replacement tree(s). Table A may be used as a basis for this requirement. The
person requesting the tree removal permit shall pay the cost of purchasing, planting and
maintaining the replacement trees.
B. If a replacement tree for the removal of a non-heritage tree or tree with trunk size equal to or
less than 36" cannot be reasonably planted on the subject property, an in-lieu tree replacement
fee based upon the purchase and installation cost of the replacement tree as determined by the
Director of Community Development shall be paid to the City's tree fund to:
1. Add or replace trees on public property in the vicinity of the subject property; or
2. Add trees or landscaping on other City property.
C. For removal of a heritage tree or tree with a trunk size greater than 36 inches, the in-lieu tree
replacement fee shall be based upon the valuation of the removed tree by using the most recent
edition of the ISA Guide for Plant Appraisal published by the Council of Tree and Landscape
Appraisers.
Table A - Replacement Tree Guidelines
Trunk Size of Removed Tree
(Measured 4 ½ feet above grade)
Replacement Trees
Up to 12 inches One 24" box tree
Over 12 inches and up to 18
inches
Two 24" box trees
Over 18 inches and up to 36
inches
Two 24" box trees or
One 36" box tree
Over 36 inches One 36" box tree
Heritage tree One 48" box tree
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14.18.200 Retroactive Tree Removal Permit.
An application for a retroactive tree removal shall be required for any protected tree removed
prior to approval of a tree removal permit. The application shall be filed with the Department of
Community Development on forms prescribed by the Director of Community Development and
shall be subject to the requirements of a tree removal permit. The application shall pay a
retroactive tree removal permit fee.
(Ord. 2003, 2007)
14.18.210 Protection During Construction.
Protected trees and other trees/plantings required to be retained by virtue of a development
application, building permit, or tree removal permit shall be protected during demolition, grading
and construction operations. The applicant shall guarantee the protection of the existing tree(s)
on the site through a financial instrument acceptable to the Director of Community Development.
(Ord. 2003, 2007; Ord. 1543, § 10.1, 1991)
14.18.220 Protection Plan Before Permit Granted.
A. A plan to protect trees described in Section 14.18.210, Protection During Construction, shall
be submitted to the Director of Public Works and to the Director of Community Development
prior to issuance of a demolition, grading or building permit. The plan shall be prepared and
signed by a licensed landscape architect or arborist certified by the International Society of
Arboriculture and shall be approved by the Director of Community Development. The Director
of Community Development shall evaluate the tree protection plan based upon the tree
protection standards contained in Appendix A at the end of this chapter.
B. The Director of Community Development may waive the requirement for a tree protection
plan both where the construction activity is determined to be minor in nature (minor building or
site modification in any zone) and where the proposed activity will not significantly modify the
ground area within the drip line or the area immediately surrounding the drip line of the tree.
The Director of Community Development shall determine whether the construction activity is
minor in nature and whether the activity will significantly modify the ground area around the tree
drip line.
(Ord. 2003, 2007; Ord. 1543, § 10.2, 1991)
14.18.230 Notice of Action on Permit–Appeal.
A. Notice of the decision on an application for a protected tree removal permit by the approval
authority shall be mailed to the applicant.
B. Any decision made by the approval authority on the tree removal application may be appealed
in accordance with Chapter 19.12, Administration.
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14.18240 Penalty.
Violation of this chapter is deemed a misdemeanor unless otherwise specified. Any person or
property owners, or his or her agent or representative who engages in tree cutting or removal
without a valid tree removal permit is guilty of a misdemeanor as outlined in Chapter 1.12 of this
code and/or may be required to comply with Sections 14.18.140, Application and Approval
Authority for Tree Removal Permit, and 14.18.160, Application Requirements. Notwithstanding
any other provisions of this section, the unauthorized removal of a tree planted solely for privacy
protection purposes pursuant to Section 14.18.080(C) shall constitute an infraction.
(Ord. 2003, 2007; Ord. 1810, (part), 1999; Ord. 1731, (part), 1996; Ord. 1543, § 12.1, 1991)
APPENDIX A STANDARDS FOR THE PROTECTION OF TREES DURING GRADING
AND CONSTRUCTION OPERATIONS
The purpose of this appendix is to outline standards pertaining to the protection of trees
described in Section 14.18.220, Protection Plan Before Permit Granted, of Chapter 14.18,
Protected Trees. The standards are broad. A licensed landscape architect or International Society
of Arboriculture certified arborist shall be retained to certify the applicability of the standards
and develop additional standards as necessary to ensure the property care, maintenance, and
survival of trees designated for protection.
Standards
1. A site plan shall be prepared describing the relationship of proposed grading and utility
trenching to the trees designated for preservation. Construction and grading should not
significantly raise or lower the ground level beneath tree drip lines. If the ground level is
proposed for modification beneath the drip line, the architect/arborist shall address and mitigate
the impact to the tree(s).
2. All trees to be preserved on the property and all trees adjacent to the property shall be
protected against damage during construction operations by constructing a four-foot-high fence
around the drip line, and armor as needed. The extent of fencing and armoring shall be
determined by the landscape architect. The tree protection shall be placed before any excavation
or grading is begun and shall be maintained in repair for the duration of the construction work.
3. No construction operations shall be carried on within the drip line area of any tree
designated to be saved except as is authorized by the Director of Community Development.
4. If trenching is required to penetrate the protection barrier for the tree, the section of
trench in the drip line shall be hand dug so as to preclude the cutting of roots. Prior to initiating
any trenching within the barrier approval by staff with consultation of an arborist shall be
completed.
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1. Trees which require any degree of fill around the natural grade shall be guarded by
recognized standards of tree protection and design of tree wells.
2. The area under the drip line of the tree shall be kept clean. No construction materials nor
chemical solvents shall be stored or dumped under a tree.
3. Fires for any reason shall not be made within fifty feet of any tree selected to remain and
shall be limited in size and kept under constant surveillance.
4. The general contractor shall use a tree service licensee, as defined by California Business
and Professional Code, to prune and cut off the branches that must be removed during the
grading or construction. No branches or roots shall be cut unless at first reviewed by the
landscape architect/arborist with approval of staff.
5. Any damage to existing tree crowns or root systems shall be repaired immediately by an
approved tree surgeon.
6. No storage of construction materials or parking shall be permitted within the drip line
area of any tree designated to be saved.
7. Tree protection regulations shall be posted on protective fencing around trees to be
protected.
(Ord. 2003, 2007)
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APPENDIX B
REFERENCE PHOTOS OF SPECIMEN TREES PROTECTED IN ACCORDANCE
WITH SECTION 14.18.035
EXAMPLES OF SOME OAK TREE VARIETIES
VALLEY OAK
(Quercus lobata)
COAST LIVE OAK
(Quercus agrifolia)
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BLUE OAK
(Quercus douglasii)
BLACK OAK
(Quercus kelloggii)
INTERIOR LIVE OAK
(Quercus wislizeni)
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BIG LEAF MAPLE
(Acer macrophyllum)
- 29 -
DEODAR CEDAR
(Cedrus deodara)
BLUE ATLAS CEDAR
(Cedrus atlantica ‘Glauca’)
- 30 -
WESTERN SYCAMORE
(Platanus racemosa)
RNIA BAY
- 31 -
TITLE 16 – BUILDINGS AND CONSTRUCTION
CHAPTER 16.08: EXCAVATIONS, GRADING AND RETAINING WALLS*
16.08.200 Grading Permit–Design Standards.
Subsection A-F – No change
G. Retaining Wall Construction. All retaining walls constructed within the city shall be
subject to the following standards and restrictions and shall be designed in accordance with the
provisions of the latest adopted Uniform Building Code and recognized soils engineering
principles and shall be approved by the Director. The following outlines the restrictions:
1. Property Line Setback Material Restrictions. Any retaining wall which is at or within
twice its retained height (2xH) from any property line shall be constructed from materials other
than wood. This restriction shall supersede any and all other provisions of this section.
2. Retaining Wall Height Restrictions. If the retained height of a wall exceeds three
feet, then the following restrictions shall apply:
a. Any vertical structural member which resists the overturning forces imposed by
the retained fill shall be constructed of materials other than wood. If, however, in the opinion of
the Director, the use of any wood members is a hazard, then all components shall be constructed
of materials other than wood.
b. If the retained height of a wall exceeds eight feet, then no wood material may be
used in its construction, unless approved by the City Council.
3. Special Loadings and Wheel Loadings (Fire Trucks). Whenever retaining walls are
adjacent to restricted or unrestricted vehicular traveled ways, the minimum truck wheel loadings
shall be H10-44 as defined in the latest adopted “Standard Specifications for Highway Bridges”
of the A.A.S.H.O. The active pressure distribution shall be subject to approval by the Director.
4. Special Backfill Surcharges. The Director shall have the right to request a soils
engineer to review and provide special design values for the type and magnitude of backfill
loadings on retaining walls.
5. City Details. The walls outlined in Figures 16.08.200B and 16.08.200C may be used
without additional structural calculations, if in the opinion of the Director, no special site or soils
conditions exist. The application of the standard wall details are subject to the restrictions
outlined in subdivisions 1 and 2 of this subsection.
See Figure 16.08.200A for clarification of subdivisions 1 through 4 of this subsection.
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Design and Construction Responsibility. Retaining walls constructed in accordance with City
Standards will be accepted without further design computations; however, it is the civil
engineer’s responsibility to assure himself as to the adequacy of these designs in the use for
which he or she intends. Soil conditions, surcharge, and construction methods and quality are
still his or her responsibility and nothing in this chapter shall be construed as relieving him or her
of this responsibility.
Nothing in this chapter shall prevent the engineer from submitting additional designs that are
accompanied by design calculations and a signed certification testifying to their adequacy for
intended use and durability. Such designs shall be checked and approved by the Director.
All retaining walls must be approved by the Director prior to issuance of any building permit
on the property.
Plan-checking Retaining Wall Fee. There shall be a planchecking fee for retaining walls as
specified in the latest adopted Resolution.
6. Retaining Wall Screening. Retaining walls in excess of five feet shall be screened with
landscape materials and/or faced with decorative materials subject to the approval of the Director
of Community Development.
Subsection H – No change
TITLE 17: RESERVED
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TITLE 18: SUBDIVISIONS*
Chapter
CHAPTER 18.04: GENERAL PROVISIONS
CHAPTER 18.08: DEFINITIONS AND RESPONSIBILITIES
CHAPTER 18.12: MAPS REQUIRED
CHAPTER 18.16: SUBDIVISION MAPS (FIVE OR MORE PARCELS)
CHAPTER 18.20: PARCEL MAPS (FOUR OR LESS PARCELS)
CHAPTER 18.24: DEDICATIONS AND RESERVATIONS
CHAPTER 18.28: VESTING TENTATIVE SUBDIVISION MAPS
CHAPTER 18.32: SUBDIVISION IMPROVEMENTS
CHAPTER 18.36: REVERSIONS TO ACREAGE
CHAPTER 18.40: PARCEL MERGERS
CHAPTER 18.44: CORRECTION AND AMENDMENTS OF MAPS
CHAPTER 18.48: ENFORCEMENT OF ARTICLE PROVISIONS
CHAPTER 18.52: HILLSIDE SUBDIVISIONS
CHAPTER 18.56: STREET FACILITY REIMBURSEMENT CHARGES
* Prior ordinance history: Ords. 47 (revised), 47(a), 47(b), 485, 568, 581, 588, 793, 882, 1179,
1202, 1286, 1328, 1347 and 1382.
Title 18 was completely renumbered during the December 1995 supplement to conform to the
overall style of the code.
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CHAPTER 18.04: GENERAL PROVISIONS
Section
18.04.010 Citation and Authority.
18.04.020 Purpose.
18.04.030 Conformity to General Plan, Specific Plan and Zoning Ordinances.
18.04.040 Application.
18.04.050 Modification of Requirements.
18.04.010 Citation and Authority.
This title is adopted to supplement and implement the Subdivision Map Act, Section 66410 et
seq. of the Government Code (“Map Act”), and may be cited as the Subdivision Ordinance of the
City.
(Ord. 1384, Exhibit A (part), 1986)
18.04.020 Purpose.
It is the purpose of this title to regulate and control the division of land within the City and to
supplement the provisions of the Map Act concerning the design, improvement and survey data
of subdivisions, the form and content of all maps provided for by the Subdivision Map Act and
the procedure to be followed in securing the official approval of the Planning Commission, the
City Engineer, the Department of Planning and Development and City Council regarding such
maps. To accomplish this purpose, the regulations outlined in this title are determined to be
necessary for the preservation of the public safety and general welfare, to promote orderly
growth and development and to promote open space, conservation, protection, and proper use of
land and to insure provisions for adequate traffic circulation, utilities and services.
(Ord. 1384, Exhibit A (part), 1986)
18.04.030 Conformity to General Plan, Specific Plan and Zoning Ordinances.
A. No land shall be subdivided and developed for any purpose which is not in conformity with
the General Plan and any specific plan of the City permitted by the zoning title or other
applicable provisions of the City.
B. The type and intensity of land as shown on the General Plan shall determine the type of
streets, roads, highways, utilities and public services that shall be provided by the subdivider.
(Ord. 1384, Exhibit A (part), 1986)
18.04.040 Application.
The regulations set forth in this title shall apply to all subdivisions or parts thereof, including the
conversions of existing multiple-family rental housing to condominiums, community apartments
- 36 -
or stock cooperatives within the City, and to the preparation of subdivision maps thereof and to
other maps provided for by the Map Act. Each subdivision and each part thereof lying within the
City shall be made and each map shall be prepared and presented for approval as provided.
(Ord. 1384, Exhibit A (part), 1986)
18.04.050 Modification of Requirements.
Whenever, in the opinion of the Director of Community Development, the land involved in any
subdivision is of size or shape, or is subject to title limitations of record, or is affected by such
topographical location or conditions, or is to be devoted to a use that it is impossible or
impracticable in the particular case for the subdivider to conform fully to the regulations
contained in this title, the Director of Community Development may make modifications as, in
his or her opinion, are reasonably necessary or expedient and in conformity with the Map Act.
(Ord. 1384, Exhibit A (part), 1986)
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CHAPTER 18.08: DEFINITIONS AND RESPONSIBILITIES
Section
18.08.010 Definitions.
18.08.020 City Attorney–Responsibilities.
18.08.030 City Council–Responsibilities.
18.08.040 City Engineer–Responsibilities.
18.08.050 Department of Planning and Development–Responsibilities.
18.08.060 Planning Commission–Responsibilities.
18.08.010 Definitions.
“Average slope” is obtained by use of the following mathematical equation.
S = I x L x 100
A
S = Average slope of ground in percent;
I = Contour interval in feet;
L = Combined length in feet of all contours in parcel;
A = Area of parcel and square feet.
“Benefitted property” means a parcel of real property, or any part thereof, which adjoins a street
facility which was installed by an initial developer.
“Condominium” means an estate in real property consisting of an undivided interest in common
in a portion of a parcel or real property together with a separate interest in space as more
particularly described in Civil Code Sections 783 and 1351.
“Conversion” means the creation of separate ownership of existing real property together with a
separate interest in space of residential, industrial or commercial buildings.
“Design” means: 1. Street alignments, grades and widths; 2. Drainage and sanitary facilities and
utilities, including alignments and grades thereof; 3. Location and size of all required easements
and rights-of-way; 4. Fire roads and fire breaks; 5. Lot size and configuration; 6. Traffic access;
7. Grading; 8. Land to be dedicated for park or recreational purposes; and 9. Other specific
physical requirements in the plan and configuration of the entire subdivision that are necessary to
insure conformity with or implementation of the General Plan or any adopted specific plan.
“Environmental Impact Report (EIR)” means a detailed statement setting forth the
environmental effects and consideration pertaining to a project as specified in the California
- 38 -
Environmental Quality Act, Public Resources Code Section 21000 et seq., and may mean either
a draft or a final EIR.
“Final map” means a map showing a subdivision for which a tentative and final map is required
by the Map Act or this title, prepared in accordance with the provisions of this title and the Map
Act designed to be recorded in the office of the County Recorder.
“Improvement” means and refers to street work, storm utilities and landscaping to be installed,
or agreed to be installed, by the subdivider on the land to be used for public or private streets,
highways, ways, easements, subdivision as are necessary for the general use of the lot owners of
the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the
approval and acceptance of the final map; or to other specific improvements or types of
improvements, the installation of which, either by the subdivider, by public agencies, by private
utilities by any other entity approved by the local agency or by a combination thereof, is
necessary or convenient to insure consistency with or implementation of the General Plan or any
adopted specific plan.
“Initial developer” means any person, including the City, who installs off-site street facilities
which benefit other parcels incident to or as a condition of the approval of a final map, final
parcel map or conditional certificate of compliance.
“Lot” means a parcel or portion of land separated from other parcels or portions by description,
as on a subdivision or record of survey map, or by metes and bounds, for purpose of sale, lease
or separate use.
“Lot line adjustment” means a minor shift of an existing lot line where land is taken from one
parcel and added to an adjoining parcel or other adjustments where a greater number of parcels
than originally existed is not created, as approved by the City Engineer or authorized
representative.
“Merger” means the joining of two or more contiguous parcels of land under one ownership into
one parcel.
“Map Act” means the Subdivision Map Act Government Code Section 66410 – 66499.58 of the
State of California.
“Parcel map” means a map showing a division of land of four or less parcels as required by this
title, prepared in accordance with the provisions of this title and the Map Act.
“Remainder” means that portion of an existing parcel which is not included as part of the
subdivided land. The remainder is not considered as part of the subdivision but must be shown
on the required maps as part of the area surrounding subdivision development. A remainder shall
not be counted as a parcel for the purpose of determining whether a parcel map is required or
- 39 -
final map is required. A remainder may be sold without further requirement of its filing of a
parcel map or final map; provided, however, that the owner must obtain from the City a
certificate of compliance or conditional certificate of compliance as provided for in Chapter
18.48, Enforcement of Article Provisions, of this title.
“Reversion to acreage” means the dissolution of a previously approved and recorded
subdivision. A reversion to acreage shall result in the merger of all lots created by the
subdivision and reestablishment of the lot lines as they existed prior to the subdivision. Any
modification of lot lines or merger of parcels comprising less than the whole of the parcel
originally subdivided, or establishing any lot lines other than those existing prior to the
subdivision, shall be deemed a new subdivision and not a reversion to acreage.
“Street facilities” means a public street installed within the City or any part thereof including, but
not limited to the street surface, street base, street sub-base, sidewalks, curbs, gutters, storm
drains, street lights, street signs, landscaping, sound walls and other facilities necessary and
appurtenant thereto.
“Subdivider” means a person, firm, corporation, partnership or association who proposes to
divide, divides, or causes to be divided real property into a subdivision for itself or for others;
except that employees and consultants of such persons or entities, acting in such capacity, are not
subdividers.
“Subdivision” means the division, by any subdivider, of any unit or units of improved or
unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as
a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or
future. Property shall be considered as contiguous units, even if it is separated by roads, streets,
utility easements or railroad rights-of-way. “Subdivision” includes a condominium project, as
defined in Civil Code Section 1351(f) , a community apartment project, as defined in Civil Code
Section 1351(m), or the conversion of five or more existing dwelling units to a stock
cooperative, as defined in Section 11003.2 of the Business and Professions Code.
“Subdivision improvement standards” means standard details, standard specifications, and other
standards approved by the City Engineer that shall govern the improvements to be constructed
pursuant to this title and the Map Act.
“Tentative map” means and refers to a map made for the purpose of showing the design and
improvements of a proposed subdivision and the existing conditions in and around it and need
not be based upon an accurate or detailed final survey of the property.
“Vesting tentative map” means a tentative map in compliance with Government Code section
66498.1 et seq. for a residential subdivision, as defined in this title, that shall have printed
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conspicuously on its face the words “Vesting Tentative Map” at the time it is filed in accordance
with Section 18.28.050, and is thereafter processed in accordance with the provisions hereof.
(Ord. 1384, Exhibit A (part), 1986)
18.08.020 City Attorney–Responsibilities.
The City Attorney shall be responsible for approving as to form all subdivision improvement
agreements.
(Ord. 1384, Exhibit A (part), 1986)
18.08.030 City Council–Responsibilities.
The City Council shall have final jurisdiction in the approval or denial of tentative subdivision
maps and final maps and improvement agreements and the acceptance by the City of such lands
and/or improvements as may be proposed for dedication to the City for subdivisions.
(Ord. 1384, Exhibit A (part), 1986)
18.08.040 City Engineer–Responsibilities.
The City Engineer shall be responsible for:
A. Establishing design and construction details, standards and specifications;
B. Determining if proposed subdivision improvements comply with the provisions of this title
and the Map Act and for reporting the findings together with any recommendations for approval,
conditional approval or denial of the tentative map to the Director of Community Development;
C. The processing and certification of final maps, reversion to acreage maps, and amended maps;
the processing and approval of subdivision improvement plans, lot line adjustments and
certificates of compliance;
D. Examining and certifying that final maps are in substantial conformance to the approved
tentative map;
E. The inspection and approval of subdivision improvements.
F. The City Engineer shall have final jurisdiction in the approval or denial of the following for
applications involving the subdivision of one parcel into four or less parcels:
1. Final parcel maps;
2. Improvement agreements; and
3. The acceptance by the City of such lands and/or improvements as may be proposed for
dedication to the City.
(Ord. 1384, Exhibit A (part), 1986)
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18.08.050 Department of Community Development–Responsibilities.
The Department of Community Development shall be responsible for:
1. The processing of tentative maps and tentative parcel maps and mergers and
2. Approval authority for tentative parcel maps involving the subdivision of one parcel into
four or less parcels
3. Approval authority for tentative parcel maps involving consolidation of four or less
parcels into one parcel.
(Ord. 1384, Exhibit A (part), 1986)
18.08.060 Planning Commission–Responsibilities.
Except as otherwise provided, the Planning Commission shall be responsible for recommending
approval or denial to the City Council for tentative subdivision maps.
(Ord. 1384, Exhibit A (part), 1986)
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CHAPTER 18.12: MAPS REQUIRED
Section
18.12.010 General–Exclusions.
18.12.020 Division of Land–Five or More Parcels.
18.12.030 Division of Land–Four or Less Parcels.
18.12.040 Fees and Deposits.
18.12.010 General–Exclusions.
The necessity for tentative maps, final maps and parcel maps shall be governed by the Map Act
and the provisions of this chapter. Maps are not required for the following:
A. Short-term leases (terminable by either party on not more than thirty days’ notice in writing)
of a portion of the operating right-of-way of a railroad corporation defined by Public Utilities
Code Section 230, unless a showing is made in individual cases, under substantial evidence, that
public policy necessitates the application of such regulations to such short-term leases in such
individual cases;
B. The financing or leasing of apartments, offices, stores, or similar space within apartment
buildings, industrial buildings, commercial buildings, mobile home parks or trailer parks;
C. Mineral, oil or gas leases;
D. Land dedicated for cemetery purposes under the Health and Safety Code;
E. Lot line adjustments between four or fewer existing adjacent parcels where land taken from
one parcel is added to the adjoining parcel, and where a greater or lesser number of parcels than
originally existed is not thereby created, and provided that the lot line adjustment is reviewed and
approved by the City Engineer, subject to appeal to the City Council, within fourteen days of
decision. The review is limited to a determination of whether or not the parcels resulting from
the lot line adjustment will conform to the City’s zoning and building ordinances and any
conditions imposed thereby shall be limited to those which are required for conformance to the
City’s zoning and building ordinances, or to facilitate the relocation of existing utilities,
infrastructure or easements and the lot line adjustment shall be recorded in a deed;
F. Boundary line or exchange agreement to which the State Lands Commission or other agency
holding a trust grant of tide and submerged lands is a party;
G. Any separate assessment under 2188.7 of the Revenue and Tax Code;
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H. Unless a parcel or final map was previously approved by the City or its predecessor
jurisdiction, the conversion of a community apartment project, or a stock cooperative to a
condominium as specified in Government Code Section 66412(g) and (h);
I. The leasing of, or the granting of an easement to, a parcel of land, or any portion thereof, in
conjunction with the financing, erection, and sale or lease of a wind-powered electrical
generation device on the land, if the project is subject to other discretionary approval by the City;
J. The leasing or licensing of a portion of a parcel, or the granting of an easement, use permit, or
similar right on a portion of parcel, to a telephone corporation as defined in Section 234 of the
Public Utilities Code, exclusively for the placement and operation of cellular radio transmission
facilities, including, but not limited to, antennae support structures, microwave dishes, structures
to house cellular communications transmission equipment, power sources, and other equipment
incidental to the transmission of cellular communications, if the project is subject to
discretionary action by the advisory agency or legislative body;
K. Leases of agricultural land for agricultural purposes. As used in this subdivision,
“agricultural purposes” means the cultivation of food or fiber or the grazing or pasturing of
livestock;
L. The leasing of, or granting of an easement to, a parcel of land, or any portion or portions
thereof, in conjunction with the financing, erection, and sale or lease of a solar electrical
generation device on the land, if the project is subject to review under City ordinances regulating
design and improvement or, if the project is subject to review under other local agency
ordinances regulating design and improvement or, if the project is subject to other discretionary
action by the City;
M. The leasing of, or granting of an easement to, a parcel of land or any portion or portions of
land in conjunction with a biogas project that uses, as part of its operation, agricultural waste or
byproducts from the land where the project is located and reduces overall emission of
greenhouse gases from agricultural operations on the land if the project is subject to review
under other local agency ordinances regulating design and improvement or if the project is
subject to discretionary action by the City.
(Ord. 1384, Exhibit A (part), 1986)
18.12.020 Division of Land–Five or More Parcels.
A. A tentative map and final map shall be required for all subdivisions of land creating five or
more parcels, five or more condominiums as defined in Civil Code Section 783 and 1351, a
community apartment project containing five or more parcels, or for the conversion of a dwelling
to a stock cooperative containing five or more dwelling units, except where:
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1. The land before division contains less than five acres, each parcel created by the division abuts
upon a maintained public street or highway and no dedications or improvements are required by
the legislative body; or
2. Each parcel created by the division has a gross area of twenty acres or more and has an
approved access to a maintained public street or highway; or
3. The land consists of a parcel or parcels of land having approved access to a public street or
highway which comprises part of a tract of land zoned for industrial or commercial development,
and which has the approval of the governing body as to street alignments and widths; or
4. Each parcel created by the division has a gross area of not less than forty acres or is not less
than a quarter of a quarter section; or
5. The land being subdivided is solely for the creation of an environmental subdivision pursuant
to Government Code Section 66418.2.
B. A parcel map shall be required for subdivisions described in subsections A(1) -- (4).
(Ord. 1384, Exhibit A (part), 1986)
18.12.030 Division of Land–Four or Less Parcels.
A. A parcel map shall be required for all subdivisions of land creating four or less parcels. A
parcel map shall not be required for land conveyed to or from a governmental agency, public
entity, public utility, or for land conveyed to a subsidiary of a public utility for conveyance to
such public utility for rights-of-way, unless a showing is made in individual cases, upon
substantial evidence, that public policy necessitates such a parcel map.
B. The City Engineer may waive the parcel map upon making a finding that the proposed
division of land complies with City requirements as to area, improvement and design, flood
water drainage control, appropriate improved public roads, sanitary disposal facilities, water
supply availability, environmental protection, and other requirements of any City ordinance and
the Map Act.
(Ord. 1384, Exhibit A (part), 1986)
18.12.040 Fees and Deposits.
All persons submitting maps as required by this title shall pay all fees and/or deposits as
provided by the City’s resolution establishing fees and charges, or as provided by this title.
(Ord. 1384, Exhibit A (part), 1986)
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CHAPTER 18.16: SUBDIVISION MAPS (FIVE OR MORE PARCELS)
Section
Article I. Tentative Subdivision Maps.
18.16.010 Form and Contents.
18.16.020 Submittal to Department of Community Development.
18.16.030 Department of Community Development Review.
18.16.040 Action of Community Development Director–Notice of Public Hearings.
18.16.050 Action of Planning Commission–Recommending Approval–Required Findings.
18.16.060 Action of Planning Commission–Recommending Denial upon Certain Findings.
18.16.070 Action of City Council Review.
18.16.080 Extension of Time for Planning Commission or City Council Action.
18.16.090 Expiration.
18.16.100 Extensions.
18.16.110 Amendments to Approved Tentative Map.
Article II. Final Maps.
18.16.120 General.
18.16.130 Survey Required.
18.16.140 Form.
18.16.150 Contents.
18.16.160 Submittal for City Approval–Preliminary Submittal.
18.16.170 Submittal for City Approval–City Engineer’s Review.
18.16.180 Submittal for City Approval–Approval by the City Engineer.
18.16.190 Submittal for City Approval–Approval by City Council.
18.16.200 Submittal for City Approval–Denial by the City Council.
18.16.210 Submittal for City Approval–Filing with the County Recorder.
18.16.220 Submittal for City Approval–Submittal by Units.
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Article I. Tentative Subdivision Maps.
18.16.010 Form and Contents.
The tentative map shall be prepared in a manner acceptable to the Department of Community
Development, shall be prepared by a registered civil engineer or licensed surveyor, and shall be
accompanied by those data and reports required by the Department of Community Development.
(Ord. 1384, Exhibit A (part), 1986)
18.16.020 Submittal to Department of Community Development.
A. The tentative map shall be considered for filing only when such map conforms to Section
18.16.010, Form and Contents, and when all accompanying data or reports, as required by the
Department of Community Development have been submitted and accepted by the Department
of Community Development.
B. The subdivider shall file with the Department of Community Development the number of
tentative maps the Director of Community Development may deem necessary.
(Ord. 1384, Exhibit A (part), 1986)
18.16.030 Department of Community Development Action.
A. The Department of Community Development shall forward copies of the tentative map to the
affected public agencies which may, in turn, forward to the Department of Community
Development their findings and recommendations thereon. Public utilities and agencies shall
certify that the subdivision can be adequately served.
B. Within five days of the tentative map application being determined to be complete pursuant to
Government Code Section 65943, the local agency shall send a notice of this determination to
the governing board of any elementary school, high school or unified school district within the
boundaries of which the subdivision is proposed to be located. The notice shall identify
information about the location of the proposed subdivision, the number of units, density and any
other information which would be relevant to the affected school district. Within 15 days of
receiving the notice the school district may make recommendations to the City regarding the
effects of the proposed subdivision upon the school district. If the school district fails to respond
within 15 days, the failure to respond shall be deemed approval of the proposed subdivision by
the school district. The City shall consider any recommendations from the school district before
acting on the map.
(Ord. 1384, Exhibit A (part), 1986)
18.16.040 Action of Community Development Director- Notice of Public Hearings.
A. Upon receipt of a valid application, the Director of Community Development shall set the
matter for public meeting. At least ten calendar days before the public meeting, he or she shall
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cause notice to be given of the time, date and place of the meeting including a general
explanation of the matter to be considered and a general description of the area affected, and the
street address, if any, of the property involved.
B. The notice shall be published at least once in a newspaper of general circulation, published
and circulated in the city.
C. In addition to notice by publication, the City shall give notice of the meeting by mail or
delivery to all persons, including businesses, corporations or other public or private entities,
shown on the last equalized assessment roll as owning real property within three hundred feet of
the property which is the subject of the proposed changes.
D. In addition, in the case of a proposed conversion of residential real property to a
condominium project, community apartment project or stock cooperative project, notice shall be
given as required by Government Code Section 66451.3(d).
E. In addition, notice shall be given by first class mail to any person who has filed a written
request with the Department of Community Development. The City may impose a reasonable fee
on persons requesting such notice for the purpose of recovering the cost of such mailing.
F. Substantial compliance with these noticing provisions shall be sufficient and a technical
failure to comply shall not affect the validity of any action taken pursuant to the procedures set
forth in this chapter.
G. The Planning Commission shall recommend approval, conditional approval or denial of the
tentative map and shall report its decisions to the City Council and the subdivider within fifty
days after the tentative map has been filed, unless the project requires an Environmental Impact
Report or Negative Declaration.
(Ord. 1384, Exhibit A (part), 1986)
18.16.050 Action of Planning Commission–Recommending Approval–Required Findings.
A. In approving or conditionally approving the tentative subdivision map, the Planning
Commission shall find that the proposed subdivision, together with its provisions for its design
and improvements, is consistent with applicable general or specific plans adopted by the City.
B. The Planning Commission may modify or delete any of the conditions of approval
recommended in the Department of Community Development’s report, except conditions
required by City ordinance, related to public health and safety or standards required by the City
Engineer, or add additional requirements as a condition of its approval.
C. If no action is taken by the Planning Commission within the time limit as specified, the
tentative map as filed shall be deemed to be approved, insofar as it complies with other
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applicable provisions of the Map Act and other applicable case law, this title or other City
ordinances, and it shall be the duty of the City Clerk to certify the approval.
D. This provision does not apply to condominium projects or stock cooperatives which consist of
the subdivision of air space in an existing structure unless new units are to be constructed or
added.
(Ord. 1384, Exhibit A (part), 1986)
18.16.060 Action of Planning Commission–Recommending Denial upon Certain Findings.
A. The tentative subdivision map may be recommended for denial by the Planning Commission
on any of the grounds provided by City ordinances or the State Subdivision Map Act.
B. The Planning Commission shall deny approval of the tentative map if it makes any of the
following findings:
1. That the proposed map is not consistent with applicable general and specific plans;
2. That the design or improvement of the proposed subdivision is not consistent with applicable
general and specific plans;
3. That the site is not physically suitable for the type of development;
4. That the site is not physically suitable for the proposed density of development;
5. That the design of the subdivision or the proposed improvements are likely to cause
substantial environmental damage or substantially and avoidably injure fish or wildlife or their
habitat; provided, however, the City may approve a tentative subdivision map if an
environmental impact report was prepared with respect to the proposed subdivision and detailed
findings were made pursuant to Public Resources Code Section 21081(a)(3) that specific
economic, social, or other considerations make infeasible the mitigation measure or project
alternatives identified in the environmental impact report;
6. That the design of the subdivision or the type of improvements is likely to cause serious public
health problems;
7. That the design of the subdivision or the type of improvements will conflict with easements
acquired by the public at large for access through or use of property within the proposed
subdivision. In this connection, the governing body may approve a map if it finds that alternate
easements for access or for use will be provided, and that these will be substantially equivalent to
ones previously acquired by the public. This subsection shall apply only to easements of record
or to easements established by judgment of a court of competent jurisdiction and no authority is
hereby granted to a legislative body to determine that the public at large has acquired easements
for access through or use of property within the proposed subdivision. This provision does not
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apply to condominium projects or stock cooperatives which consist of the subdivision of air
space in an existing structure unless new units are to be constructed or added.
(Ord. 1384, Exhibit A (part), 1986)
18.16.070 Action of City Council.
A. If a tentative map is recommended for approval or denial by the Planning Commission, the
Department of Community Development shall make a written report to the City Council. This
report shall be placed on the City Council agenda at the next regular meeting following receipt of
the report, unless the subdivider consents to a continuance. The Council may review the map and
the conditions imposed by the Planning Commission. The City Council may deny the tentative
map on any of the grounds contained in Section 18.16.060.
(Ord. 1384, Exhibit A (part), 1986)
18.16.080 Extension of Time for Planning Commission or City Council Action.
The time limits set forth above for acting on the tentative map may be extended by mutual
consent of the subdivider and the recommending body or the City Council.
(Ord. 1384, Exhibit A (part), 1986)
18.16.090 Expiration.
A. The approval or conditional approval of a tentative subdivision map shall expire thirty-six
months from the date of City Council approval. An extension or extensions may be approved as
provided in Section 18.16.100, Extensions, or when required by the Map Act.
B. The period of time specified hereinabove shall not include any time during which a
development moratorium is in effect as specified in Section 66452.6(b) of the Map Act nor shall
include any period which involves litigation as described in Section 66452.6(c) of the Map Act.
C. Notwithstanding any provision to the contrary, if a subdivider is subject to a requirement of
two hundred thirty six thousand, seven hundred and ninety dollars ($236,790) or more to
construct or improve or finance the construction of or improvement of public improvements
outside the boundaries of the tentative map, each filing of a final map authorized by Government
Code Section 66456.1 (multiple final maps), shall extend the expiration of the approval or
conditionally approved tentative map by thirty-six months from the date of its expiration or the
date of the previously filed final map, whichever is later; provided, however, the extension shall
not extend the tentative map more than ten years from its approval.
D. Commencing January 1, 2012, and each calendar year thereafter, the amount of two hundred
thirty six thousand, seven hundred and ninety dollars ($236,790) shall be annually increased by
operation of law according to the adjustment for inflation set forth in the statewide cost index for
class B construction, as determined by the State Allocation Board at its January meeting. The
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effective date of each annual adjustment shall be March 1. The adjusted amount shall apply to
tentative and vesting tentative maps whose applications were received after the effective date of
the adjustment.
E. Notwithstanding any provision to the contrary, a tentative map on property subject to a
development agreement authorized by Government Code Section 65865 et seq. may be extended
for the period of time provided for in the agreement, but not beyond its duration.
F. Expiration of an approved or conditionally approved tentative map shall terminate all
proceedings and no final map or parcel map of all or any portion of the real property included
within the tentative map shall be filed without first processing a new tentative map.
(Ord. 1433, (part), 1988; Ord. 1384, Exhibit A (part), 1986)
18.16.100 Extensions.
A. Request by Subdivider. Upon application of the subdivider filed prior to the expiration of the
tentative map, the time at which the map expires may be extended by the Director of Community
Development for a period or periods not to exceed a total of six years. Prior to the expiration of a
tentative map, upon an application by the subdivider to extend that map, the map shall
automatically be extended for sixty days or until the application is approved or denied,
whichever occurs first.
B. Planning Commission Action. The Director of Community Development shall review the
request and submit the application for the extension, together with a report, to the Planning
Commission for approval or denial. A copy of the Planning Director’s report shall be forwarded
to the subdivider prior to the Planning Commission meeting on the extension. The resolution
adopted by the Planning Commission approving an extension shall specify the new expiration
date of the tentative subdivision map. If the Planning Commission denies a subdivider’s
application for extension, the subdivider may appeal to the City Council within fourteen days
after denial.
(Ord. 1433, (part), 1988; Ord. 1384, Exhibit A (part), 1986)
18.16.110 Amendments to Approved Tentative Map.
A. Minor changes in the tentative map may be approved by the Director of Community
Department upon application by the subdivider or on its own initiative, provided:
1. No lots, units or building sites are added;
2. The changes are consistent with the intent and spirit of the original tentative map approval;
3. There are no resulting violations of the City of Cupertino Municipal Code.
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B. Any revision shall be approved by the Director of Community Development and the City
Engineer. The amendment shall be indicated on the approved map and certified by the Director
of Community Development and the City Engineer.
C. Amendments of the tentative map other than minor shall be presented to the original approval
authority for approval. Processing shall be in accordance with Sections 18.16.030, Department of
Planning and Community Development Review, through 18.16.080, Extension of Time for
Planning Commission Recommending Body or City Council Action.
D. Any approved amendment shall not alter the expiration date of the tentative map.
(Ord. 1384, Exhibit A (part), 1986)
Article II. Final Maps.
18.16.120 General.
A. The form, contents, accompanying data, and the filing of the final map shall conform to the
provisions of this chapter.
B. The final map shall be prepared by or under the direction of a registered civil engineer or
licensed land surveyor.
(Ord. 1384, Exhibit A (part), 1986)
18.16.130 Survey Required.
A. An accurate and complete survey of the land to be subdivided shall be made by a registered
civil engineer or licensed land surveyor. All monuments, property lines, centerlines of streets,
alleys and easements adjoining or within the subdivision shall be tied into the survey. The
allowable error of closure on any portion of the final map shall not exceed one part in ten
thousand for field closures and one part of twenty thousand for calculated closures.
B. At the time of making the survey for the final map, the engineer or surveyor shall set
sufficient durable monuments to conform with the standards described in Section 8771 of the
Business and Professions Code so that another engineer or surveyor may readily retrace the
survey. At least one exterior boundary line shall be monumented prior to recording the final map.
Other monuments shall be set as required by the City Engineer. Within five days after the final
setting of all monuments has been completed, the engineer or the surveyor shall give written
notice to the subdivider, and to the City Engineer, that the final monuments have been set.
(Ord. 1384, Exhibit A (part), 1986)
18.16.140 Form.
The form of the final map shall conform to the Subdivision Map Act and as provided in this
section:
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A. The final map shall be legibly drawn, printed or reproduced by a process guaranteeing a
permanent record in black on tracing cloth or polyester base film. Certificates, affidavits and
acknowledgements may be legibly stamped or printed upon the map with opaque ink. If ink is
used on polyester base film, the ink surface shall be coated with suitable substance to assure
permanent legibility.
B. The size of each sheet shall be eighteen by twenty-six inches. A marginal line shall be drawn
completely around each sheet, leaving an entirety blank margin of one inch. The scale of the map
shall be not less than one inch equals one hundred feet or as may be necessary to show all details
clearly, and enough sheets shall be used to accomplish this end. The particular number of the
sheet and the total number of sheets composing the map shall be stated on each of the sheets, and
its relation to each adjoining sheet shall be clearly shown. When four or more sheets including
the certificate sheet are used, a key sheet will be included.
C. All printing or lettering on the map shall be of one-eighth inch minimum height and of such
shape and weight as to be readily legible on prints and other reproductions made from the
original drawings.
D. All survey and mathematical information and data necessary to locate all monuments and to
locate and retrace any and all interior and exterior boundary lines appearing on the map shall be
shown, including bearings and distances of straight lines, and radii and arc length or chord
bearings and length for all curves, and any information that may be necessary to determine the
location of the centers of curves and ties to existing monuments used to establish the subdivision
boundaries.
E. Each parcel shall be numbered or lettered and each block may be numbered or lettered. Each
street shall be named or otherwise designated. The subdivision number shall be shown together
with the description of the real property being subdivided.
F. The final form of the final map shall be approved by the City Engineer.
(Ord. 1384, Exhibit A (part), 1986)
18.16.150 Contents.
The contents of the final map shall conform to the Subdivision Map Act and as provided in this
section.
A. Boundary. The boundary of the subdivision shall be designated by a heavy black line in such
a manner as not to obliterate figures or other data.
B. Title. Each sheet shall have a title showing subdivision number and name and the location of
the property being subdivided with reference to maps which have been previously recorded, or
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by reference to the plat of a United States Survey. The following words shall appear in the title,
“In the City of Cupertino.”
C. Certificates. The following certificates appear only once on the cover sheet:
1. Owner’s Certificate. A certificate, signed and acknowledged by all parties having record title
interest in the land subdivided, excepting those parties having rights-of-way, easements, or other
interests which cannot ripen into a fee, or exceptions provided by the Subdivision Map Act
consenting to the preparation and record of the map and offering for dedication to the specific
certain specific parcels of land.
2. Trustee’s Certificate. A certificate, signed and acknowledged by any trustees of record at time
of City Council or City Engineer approval of the final map, consenting to the recording of the
map and any offers of dedication.
3. Engineer’s or Surveyor’s Certificate.
a. The following certificate shall appear on the final map:
This map was prepared by me or under my direction and is based upon a field survey in
conformance with the requirements of the Subdivision Map Act and local ordinances at the request
of (name of person authorizing map) on (date). I hereby state that all the monuments are of the
character and occupy the positions indicated or that they were set in those positions before (date),
and that the monuments are, or will be, sufficient to enable the survey to be retraced, and that this
final map substantially conforms to the conditionally approved tentative map.
(Signed) ______________________________
R.C.E. (or L.S.) No. ______________________________
b. Recorder's certificate or statement.
Filed this ___ day of ___, 20___, at ___m. in Book ___ of ___, at page ___, at the request of
__________.
Signed ______________________________
County Recorder
4. City Engineer’s Certificate/Surveyors Certificate.
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a. A certificate by the City Engineer stating that the map has been examined and that it is in
accord with the tentative map and any approved alteration thereof, and complies with the Map
Act and any local ordinances applicable at the time of the approval of the tentative map have
been complied with.
b. If the City Engineer was registered as a civil engineer before January 1, 1982, he or she may
also certify that the map is technically correct. Otherwise, the certification of the technical
correctness of the map must be separately attached to the map by a person authorized to practice
land surveying pursuant to Section 8700 et seq. of the California Business and Professions Code.
5. Director of Community Development Certificate. A certificate by the Community
Development Director stating that the tentative map was approved by resolution of the Planning
Commission. The date and number of the resolution shall appear in the certificate.
6. City Clerk’s Certificate. A certificate for execution by the City Clerk stating the date and
number of the resolution adopted by the City Council approving the final map and stating that
the City Council accepted, accepted subject to improvement or rejected on behalf of the public,
any real property offered for dedication for public use in conformity with the terms of the offer
of dedication.
7. Certificate of Soils and Geologic Report. When a soils report, a geologic report, or soils and
geologic reports have been prepared specifically for the subdivision, the fact shall be noted on
the final map, together with the date of the report or reports, and the name of the engineer
making the soils report and geologist making the geologic report and the location where the
reports are on file. The certificate shall read, “A soils and/or geologic report for Subdivision No.
*** was prepared by me or under my direction and was filed with the City on *** date.”
8. County Recorder’s Certificate.
a. A certificate to be executed by the County Recorder stating that the map has been accepted for
filing; that the map has been examined and that it complies with the provisions of State laws and
local ordinances governing the filing of final maps.
b. The certificate shall show who requested the filing of the map, the time and date the map was
filed, and the book and page where the map was filed.
9. Scale, North Point and Basis of Bearings. There must appear on each map sheet the scale, the
north point and the basis of bearings based on Zone 3 of the California Coordinates, and the
equation of the bearing to true north. The basis of bearings shall be approved by the City
Engineer.
E. Linear, Angular and Radial Data. Sufficient linear, angular, and radial data shall be shown to
determine the bearings and lengths of monument lines, street centerlines, the boundary lines of
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the subdivision and of the boundary lines on every lot and parcel of the subdivision and ties to
existing monuments used to establish the boundary. Length, radius and total central angle or
radial bearings of all curves shall be shown. Ditto marks shall not be used in the dimensions and
data shown on the map.
F. Monuments. The location and description of all existing and proposed monuments shall be
shown. Standard City monuments shall be set at (or from offsets as approved by the City
Engineer) the following locations:
1. The intersection of street centerlines;
2. Beginning and end of curves in centerlines;
3. At other locations as may be required by the City Engineer.
G. Lot Numbers. Lot numbers shall begin with the number one in each subdivision and shall
continue consecutively with no omissions or duplications except where contiguous lands, under
the same ownership, are being subdivided in successive units, in which event lot numbers may
begin with the next consecutive number following the last number in the preceding unit. Each lot
shall be shown entirely on one sheet of the final map, unless approved by the City Engineer.
H. Adjoining Properties. The adjoining corners of all adjoining subdivisions shall be identified
by subdivision number, or name when not identified by official number, and reference to the
book and page of the filed map showing subdivision; and, if no such subdivision is adjacent, then
by the name of the owner and reference to the recorded deed by book page number for the last
recorded owner of adjacent property.
I. City Boundaries. City boundaries which cross or join the subdivisions shall be clearly
designated.
J. Street Names. The names of all streets, alleys or highways within or adjoining the subdivision
shall be shown.
K. Easements.
1. Easements for roads or streets, paths, storm-water drainage, sanitary sewers, energy utilities
and/or public utilities, water utilities, or other public use as may be required, shall be dedicated
to the public for acceptance by the City or other public agency, and the use shall be specified on
the map. If, at the time the final map is approved, any streets, paths, alleys or storm drainage
easements are not accepted by the City Council or City Engineer, the offer of dedication shall
remain open and the City Council or City Engineer may, by resolution at any later date, accept
and open the streets, paths, alleys or storm drainage easements for public use, which acceptance
shall be recorded in the office of the County Recorder.
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2. All easements of record shall be shown on the map, together with the name of the grantee and
sufficient recording data to identify the conveyance, e.g., recorder's serial number and date, book
and page of official records.
3. Easements not disclosed by the records in office of the County Recorder and found by
surveyor or engineer to be existing, shall be specifically designated on the map, identifying the
apparent dominant tenements for which the easement was created.
4. The sidelines of all easements of record shall be shown by dashed lines on the final map with
the widths, lengths and bearings of record. The width and location of all easements shall be
approved by the City Engineer.
5. The City Engineer shall accept any dedications lying outside the subdivision boundary which
require a separate grant deed. The acceptance shall be recorded in the office of the County
Recorder.
(Ord. 1609, § 1 (part), 1992; Ord. 1384, Exhibit A (part), 1986)
18.16.160 Submittal for City Approval–Preliminary Submittal.
The subdivider shall submit four sets of prints of the final map to the City Engineer for checking.
The preliminary prints shall be accompanied by two copies of the following data, plans, reports
and documents in a form as approved by the City Engineer:
A. Improvement Plans. Improvement plans as required by Article VI of Chapter 18.32 of this
title;
B. Soils Report. A soils report prepared in accordance with Chapter 16.12 of this code;
C. Title Report. A title report showing the legal owners at the time of submittal of the final map;
D. Improvement Bond Estimate. The improvements bond estimate shall include all
improvements within public rights-of-way, easements, or common areas and utility trench
backfill as provided by the developer, except for those utility facilities installed by a utility
company under the jurisdiction of the California Public Utilities Commission;
E. Deeds for Easements or Rights-of-way. Deeds for easements or rights-of-way required for
road or drainage purposes which have not been dedicated on the final map. Written evidence
acceptable to the City in the form of rights of entry or permanent easements across private
property outside of the subdivision permitting or granting access to perform necessary
construction work and permitting the maintenance of the facility;
F. Joint Use of Right-of-way Agreement. Agreements, acceptable to the City, executed by all
owners of all utility and other easements within the proposed rights-of-way consenting to the
joint use of the rights-of-way, as may be required by the City for public use and convenience of
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the road shall be required. These owners shall join in the dedication and subordinate their rights
to the right of the public in the road;
G. Traverse Closures. Traverse closures for the boundary blocks, lots, easements, street
centerlines and monument lines.
The error of field closures in the traverse around the subdivision and around the interior lots or
blocks shall not exceed one part in twenty thousand;
H. Hydrology and Hydraulic Calculations. Complete hydrology and hydraulic calculations of all
storm drains;
I. Organization Documents. The submittal of the final map or parcel map shall include the
proposed declaration of covenants, conditions and restrictions, and all other organizational
documents for the subdivision in a form as defined by Civil Code Section 1351. All documents
shall be subject to review by the City Engineer and City Attorney;
J. Any additional data, reports or information as required by the City Engineer.
(Ord. 1609, § 1 (part), 1992; Ord. 1384, Exhibit A (part), 1986)
18.16.170 Submittal for City Approval–City Engineer’s Review.
The City Engineer shall review the final map and the subdivider’s engineer or surveyor shall
make corrections and/or additions until the map is acceptable to the City Engineer.
(Ord. 1384, Exhibit A (part), 1986)
18.16.180 Submittal for City Approval–Approval by the City Engineer.
A. Upon receipt of an approved print, the subdivider shall submit the original tracing of the
revised map, prepared in accordance with the Map Act and this title and corrected to its final
form, and signed by all parties required by the Map Act and this title to execute the certificates
on the map, to the City Engineer.
B. The City Engineer and Director of Community Development shall sign the appropriate
certificates and transmit the original to the City Clerk.
(Ord. 1384, Exhibit A (part), 1986)
18.16.190 Submittal for City Approval–Approval by City Council.
A. The final map, upon approval by the City Engineer and Director of Community Development,
together with the subdivision improvement agreement, shall be placed on the Council agenda for
their approval. The City Council shall consider the final map for approval within ten days after
filing with the City Clerk, or at its next regular meeting at which it receives the map, whichever
is later. The City Council shall have approved the subdivision improvement agreement before
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approving the final map. In the alternative, the City Engineer may hold a public meeting and
approve the Final Map. The City Manager may approve the subdivision improvement
agreement, following approval by the City Engineer, Director of Community Development and
City Attorney. The City Engineer may reject the final map and defer approval until an
acceptable agreement and/or final map has been resubmitted.
B. If the subdivision improvement agreement and final map are approved by the City Manager,
he or she shall instruct the City Engineer to execute the agreement on behalf of the City. If the
subdivision improvement agreement and/or final map is unacceptable, the City Manager shall
make their recommended corrections, instruct the City Engineer to draft a new agreement and/or
revise the final map and defer approval until an acceptable agreement and/or final map has been
resubmitted.
(Ord. 1384, Exhibit A (part), 1986)
18.16.200 Submittal for City Approval–Denial by the City Council or City Engineer.
A. The City Council or City Engineer shall deny approval of the final map upon making any of
the findings contained in Section 18.16.060, Recommending Denial upon Certain Findings, of
this title.
B. The City Council or City Engineer shall not deny approval of the final map if it has previously
approved a tentative map for the proposed subdivision and if it finds that the final map is in
substantial compliance with the previously approved tentative map.
(Ord. 1384, Exhibit A (part), 1986)
18.16.210 Submittal for City Approval–Filing with the County Recorder.
If the final map is not subject to Section 66493 of the Government Code (relating to security for
taxes and special assessments not yet payable), upon approval by the City Council or City
Engineer and receipt of the improvement security by the City Engineer, the City Clerk shall
execute the appropriate certificate on the certificate sheet and forward the map, to the County
Recorder. If a final map is subject to Section 66493 of the Government Code, the City Clerk
shall forward the map to the Clerk of the Board of Supervisors for processing under Government
Code Section 66464(b) .
(Ord. 1384, Exhibit A (part), 1986)
18.16.220 Submittal for City Approval–Submittal by Units.
Multiple final maps relating to an approved or conditionally approved tentative map may be filed
prior to the expiration of the tentative map if:
(a) the subdivider, at the time the tentative map is filed, informs the Director of Community
Development of the subdivider’s intention to file multiple final maps on such tentative map, or
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(b) after filing of the tentative map, the local agency and the subdivider concur in the filing of
multiple final maps. In providing such notice, the subdivider shall not be required to define the
number or configuration of the proposed multiple final maps. The filing of a final map on a
portion of an approved or conditionally approved tentative map shall not invalidate any part of
the tentative map.
Each final map which constitutes a part, or unit, of the approved subdivision improvement
agreement to be executed by the subdivider shall provide for the construction of improvements
as may be required to constitute a logical and orderly development of the whole subdivision by
units.
(Ord. 1384, Exhibit A (part), 1986)
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CHAPTER 18.20: PARCEL MAPS (FOUR OR LESS PARCELS)
Section
Article I. Tentative Parcel Map.
18.20.010 Form and Content.
18.20.020 Submittal to Department of Community Development.
18.20.030 Review and Notice of Public Hearings.
18.20.040 Approval–Required Findings.
18.20.050 Denial Upon Certain Findings.
18.20.060 Appeals.
18.20.070 Appeals of Decisions–Procedure.
18.20.080 Expiration and Extensions.
Article II. Parcel Maps.
18.20.090 General.
18.20.100 Survey Required.
18.20.110 Form and Contents.
18.20.120 Preliminary Submittal.
18.20.130 Review by City Engineer.
18.20.140 Approval by City Engineer.
18.20.150 Filing with the County Recorder.
18.20.160 Waiver of Parcel Map Requirements.
Article I. Tentative Parcel Map.
18.20.010 Form and Content.
The tentative parcel map shall be clearly and legibly drawn on one sheet in a manner acceptable
to the Department of Community Development, shall be prepared by a registered civil engineer
or licensed land surveyor, and shall contain such information as required by the Department of
Community Development.
(Ord. 1384, Exhibit A (part), 1986)
18.20.020 Submittal to Department of Community Development.
Any person making a division of land for which a parcel map is required shall, in accordance
with the provisions of this chapter, file an application, together with copies of the map, plan
checking deposits and review fees as may be required.
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(Ord. 1384, Exhibit A (part), 1986)
18.20.030 Review and Notice of Public Hearings.
A. Upon receipt of a valid application by the Department of Community Development, the
Director of Community Development shall set the matter for public meeting. At least ten
calendar days before the public meeting, he or she shall cause notice to be given of the time, date
and place of such hearing including a general explanation of the matter to be considered and a
general description of the area affected, and the street address, if any, of the property involved.
B. The notice shall be published at least once in a newspaper of general circulation, published
and circulated in the City.
C. In addition to notice by publication, the City shall give notice of the hearing by mail or
delivery to all persons, including businesses, corporations or other public or private entities,
shown on the last equalized assessment roll as owning real property within three hundred feet of
the property which is the subject of the proposed change.
D. In addition, in the case of a proposed conversion of residential real property to a
condominium, community apartment or stock cooperative project, notice shall be given as
required by Section 66427.1 of the Map Act.
E. In addition, notice shall be given by first class mail to any person who has filed a written
request with the Department of Community Development. The City may impose a reasonable fee
on persons requesting such notice for the purpose of recovering the cost of such mailing.
F. Substantial compliance with these provisions therewith to notice shall be sufficient and a
technical failure to comply shall not affect the validity of any action taken pursuant to the
procedures set forth in this chapter.
G. The Director of Community Development shall approve or deny the tentative parcel map
within fifty days after the tentative parcel map has been accepted for filing.
H. If no action is taken by the City within the time limit as specified, the tentative map as filed
shall be deemed to be approved, insofar as it complies with other applicable provisions of the
Map Act, this title and all local ordinances, and it shall be the duty of the City Clerk to certify the
approval.
(Ord. 1384, Exhibit A (part), 1986)
18.20.040 Approval–Required Findings.
A. In approving or conditionally approving the tentative parcel map, the Director of Community
Development shall find that the proposed subdivision, together with its provisions for its design
and improvements, is:
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1. Consistent with applicable general or specific plans adopted by the City and
2. Designed for future passive solar in accordance with Government Code Section 66473.1.
B. The Director of Community Development may modify or delete any of the conditions of
approval recommended in the Department of Community Development’s report, except
conditions required by City ordinance, related to public health and safety or standards required
by the City Engineer, or impose additional requirements as a condition of approval.
(Ord. 1384, Exhibit A (part), 1986)
18.20.050 Denial Upon Certain Findings.
A. The tentative parcel map may be denied by the Director of Community Development on any
of the grounds provided by City ordinance or the Map Act.
B. The Director of Community Development shall deny approval of the tentative parcel map if it
makes any of the following findings:
1. That the proposed map is not consistent with applicable general and specific plans;
2. That the design or improvement of the proposed subdivision is not consistent with applicable
general and specific plans;
3. That the site is not physically suitable for the type of development;
4. That the site is not physically suitable for the proposed density of development;
5. That the design of the subdivision or the proposed improvements is likely to cause substantial
environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
6. That the design of the subdivision or the type of improvements is likely to cause serious public
health problems;
7. That the design of the subdivision or the type of improvements will conflict with easements,
acquired by the public at large, for access through or use of, property within the proposed
subdivision. In this connection, the Director of Community Development may approve a map if
it finds that alternate easements for access or for use will be provided, and that these will be
substantially equivalent to ones previously acquired by the public.
(Ord. 1384, Exhibit A (part), 1986)
18.20.060 Appeals.
A. Any interested person adversely affected by any action by the Director of Community
Development with respect to the tentative map may, within fourteen days of the Director of
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Community Development’s decision, appeal the action to the Planning Commission in
accordance with Section 18.20.070.
B. If an appeal is not filed, the Director of Community Development’s decision shall be final.
(Ord. 1384, Exhibit A (part), 1986)
18.20.070 Appeals of Decisions–Procedure.
The Planning Commission shall consider the appeal within thirty days. This appeal shall be a
public hearing with notice being given pursuant to Section 18.16.040, Notice of Public Hearings,
and with additional notices to be given to the subdivider and to the appellant. Upon conclusion of
the public hearing, the Planning Commission shall within seven days declare its findings. The
Planning Commission may sustain, modify, reject, or overrule any recommendations or rulings
of the Director of Community Development and may make such findings as are not inconsistent
with the provisions of this title or the Map Act. The decision of the Planning Commission is final
unless appealed to the City Council. The provisions and procedures for appeals to the City
Council shall be pursuant to this section.
(Ord. 1384, Exhibit A (part), 1986)
18.20.080 Expiration and Extensions.
A. The expiration of a tentative parcel map and any extensions granted thereon are governed by
the provisions relating to the expiration and extensions of tentative subdivision maps as
described in Sections 18.16.090, Expiration, and 18.16.100, Extensions.
B. Director of Community Development Action. Upon receipt of an application for extension of
a parecel map, the Director of Community Development shall review the request and either
approve or deny the application. The Director of Community Development shall endeavor to
forward a report to the Planning Commission and the City Council about his or her decision. If
the Director of Community denies a subdivider’s application for extension, an appeal may be
filed pursuant to Section 18.20.060, Appeals.
(Ord. 1433, (part), 1988; Ord. 1384, Exhibit A (part), 1986)
Article II. Parcel Maps.
18.20.090 General.
The form and contents, submittal, approval and filing of parcel maps shall conform to the
provisions of this article and the Map Act.
(Ord. 1384, Exhibit A (part), 1986)
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18.20.100 Survey Required.
An accurate and complete survey of the land to be subdivided shall be made by a registered civil
engineer or licensed land surveyor. All monuments, property lines, centerlines of streets, alleys
and easements adjoining or within the subdivision shall be tied into the survey.
The allowable error of closure on any portion of the parcel map shall not exceed one part in ten
thousand for field closures and one part in twenty thousand for calculated closures.
(Ord. 1384, Exhibit A (part), 1986)
18.20.110 Form and Contents.
A. The form and contents of the parcel map shall conform to final map form and content
requirements as specified by Article II of Chapter 18.16, Subdivision Maps (Five or More
Parcels), of this title and as modified herein.
B. Certificates shall be in accordance with Section 66449 of the Government Code with the
addition of the trustee’s certificate according to Section 18.16.150(C).
C. Lots shall be designated by letters commencing with A.
(Ord. 1384, Exhibit A (part), 1986)
18.20.120 Preliminary Submittal.
A. The subdivider shall submit three sets of prints of the parcel map to the City Engineer for
checking. The preliminary prints shall be accompanied by two copies of the data, plans, reports
and documents as required for final maps by Section 18.16.160, Submittal for City Approval–
Preliminary Submittal, and as modified herein.
B. The City Engineer may waive any of the requirements upon finding that the location and
nature of the proposed subdivision is such as not to necessitate compliance with the requirements
of Article II of Chapter 18.16, Subdivision Maps (Five or More Parcels).
C. Any additional information or documents required shall be as specified with the conditions of
approval of the tentative map.
(Ord. 1384, Exhibit A (part), 1986)
18.20.130 Review by City Engineer.
The City Engineer shall review the parcel map and the subdivider’s engineer shall make
corrections and/or additions until the map is acceptable to the City Engineer.
(Ord. 1384, Exhibit A (part), 1986)
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18.20.140 Approval by City Engineer.
Upon receipt of an approved print, the subdivider shall submit the original tracing of the revised
map, prepared in accordance with the Map Act and this title and corrected to its final form, and
signed by all parties required by the Map Act and this title to execute the certificates on the map,
to the City Engineer.
(Ord. 1384, Exhibit A (part), 1986)
18.20.150 Filing with the County Recorder.
The City Clerk shall transmit the approved parcel map directly to the County Recorder.
(Ord. 1384, Exhibit A (part), 1986)
18.20.160 Waiver of Parcel Map Requirements.
A. The City Engineer, upon concurrence of the Director of Community Development, may waive
the parcel map requirement for division of real property or interests therein created by probate,
eminent domain procedures, partition, or other civil judgments or decrees.
B. Upon waiving the parcel map requirement, a plat map, in a form as required by the City
Engineer shall be required for lot line adjustments, mergers, certificates of compliance and parcel
map waivers.
C. Upon waiving the parcel map requirement, the City Engineer shall also cause to be filed with
the County Recorder a Certificate of Compliance for the land to be divided.
D. A parcel map waived by the City Engineer may be conditioned to provide for payment of
parkland, drainage, and other fees as required by City ordinances or resolutions.
(Ord. 1384, Exhibit A (part), 1986)
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CHAPTER 18.24: DEDICATIONS AND RESERVATIONS
Section
Article I. Dedication of Streets, Alleys, Rights-of-Way and Easements.
18.24.010 Dedication of Streets, Alleys, and Other Public Rights-of-way or Easements.
Article II. Park Land Dedication.
18.24.020 Purpose.
18.24.030 Requirements.
18.24.040 General Standard.
18.24.050 Standards and Formula for Dedication of Land.
18.24.060 Formula for Fees in Lieu of Land Dedication.
18.24.070 Criteria for Requiring Both Dedication and Fee.
18.24.080 Amount of Fee in Lieu of Park Land Dedication.
18.24.090 Subdividers Not Within General Plan.
18.24.100 Determination of Land or Fee.
18.24.110 Credit for Private Recreation or Open Space.
18.24.115 Credit for Existing Residential Units.
18.24.120 Procedure.
18.24.130 Commencement of Development.
Article III. School Site Dedication.
18.24.140 General.
18.24.150 Procedure.
18.24.160 Payments to Subdivider for School Site Dedication.
18.24.170 Exemptions.
Article IV. Reservations.
18.24.180 General.
18.24.190 Standards for Reservation of Land.
18.24.200 Procedure.
18.24.210 Payment to Subdivider.
18.24.220 Termination.
Article V. Waiver of Direct Street Access.
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18.24.230 Waiver of Direct Street Access.
Article I. Dedication of Streets, Alleys, Rights-of-Way and Easements.
18.24.010 Dedication of Streets, Alleys, and Other Public Rights-of-way or Easements.
A. As a condition of approval of a final map or parcel map, the subdivider shall dedicate or make
an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for
streets and alleys, including access rights and abutters’ rights; drainage; public
utility easements; bicycle paths, transit facilities, solar access easements, park land, fire stations,
libraries, access to public resources and other public easements as required.
B. Improvements shall be in accordance with Chapter 18.32, Subdivision Improvements, of this
title.
(Ord. 1384, Exhibit A (part), 1986)
Article II. Park Land Dedication.
18.24.020 Purpose.
This section is enacted pursuant to the authority granted by the Government Code. The park and
recreational facilities for which dedication of land and/or payment of a fee is required by this
chapter are in accordance with the open space and conservation element of the adopted General
Plan of the City of Cupertino, and any amendments.
(Ord. 1384, Exhibit A (part), 1986)
18.24.030 Requirements.
A. As a condition of approval of a final subdivision map or parcel map, the subdivider shall
dedicate land, pay a fee in lieu thereof, or both, at the option of the City, for park or recreational
purposes at the time and according to the standards and formula contained in this chapter.
B. The provisions of this chapter are not applicable to the following land use categories:
1. Commercial or industrial subdivisions;
2. Condominium conversion projects or stock cooperatives which consist of the subdivision of
air space in an existing apartment building which is more than five years old when no new
dwelling units are added;
3. Convalescent hospitals and similar dependent care facilities.
(Ord. 1384, Exhibit A (part), 1986)
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18.24.040 General Standard.
The public interest, convenience, health, welfare and safety require that three acres of property
for each one thousand persons be devoted for neighborhood park and recreational purposes.
(Ord. 1384, Exhibit A (part), 1986)
18.24.050 Standards and Formula for Dedication of Land.
A. Where a park or recreational facility has been designated in the open space and conservation
element of the General Plan of the City, and is to be located in whole or in part within the
proposed subdivision to serve the immediate and future need of the residents of the subdivision,
the subdivider shall dedicate land for a local park sufficient in size and topography to serve the
residents of the subdivision.
The subdivider shall provide park lands as related to the need for a neighborhood park and
therefore, the formula for dedication of park land for residential development should be based
upon three acres of park land per one thousand persons.
B. The formula for determining acreage to be dedicated shall be as follows:
Average number of Persons/Unit
Park Acreage Standard
1000 Population
Example for single-family DU:
3.5 x 3
1000 = 0.0105 ac/U
Table 18.24.050, of population density, is to be followed.
In the event apartment-zoned land is subdivided, the park land dedication formula shall be
applied as related to the maximum number of units permitted by the zoning classification of the
property.
(Ord. 1384, Exhibit A (part), 1986)
18.24.060 Formula for Fees in Lieu of Land Dedication.
A. General Formula. If there is no park or recreation facility designated in the open space and
conservation element of the General Plan to be located in whole or in part within the proposed
subdivision to serve the immediate and future needs of the residents of the subdivision, the
subdivider shall, in lieu of dedicating land, pay a fee equal to the market value of the land
prescribed for dedication in Section 18.24.080, Amount of Fee in Lieu of Park Land Dedication,
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this fee to be determined to be used for a local park which will serve the residents of the area to
be subdivided.
Valuation of the land described above shall be determined, for in lieu fee purposes, under the
procedures described in Section 18.24.080, Amount of Fee in Lieu of Park Land Dedication.
B. Fees in Lieu of Land–Fifty Parcels or Less. If the proposed subdivision contains fifty parcels
or less, the subdivider shall pay a fee equal to the land value of the portion of the local park
required to serve the needs of the residents of the proposed subdivision as prescribed in Section
18.24.050 and in an amount determined in accordance with the provisions of Section 18.24.080,
Amount of Fee in Lieu of Park Land Dedication.
C. Use of Money. The money collected shall be paid to the treasurer of the City or his or her
authorized agent. Such money shall be placed in a special revenue fund which is hereby created
and which shall be known as the “park dedication in-lieu fee fund.” Money within this fund shall
be used and expended solely for the acquisition, improvement, expansion or implementation of
parks and recreational facilities reasonably related to serving the public by way of the purchase
of necessary land, or, if the City Council deems that there is sufficient land available for this use,
then secondly this money shall be used for improving such land for park and recreational
purposes.
TABLE 18.24.050
Park Land Dedication Formula Table
Types of Dwellings Density DU/acre Average Household
Size/DU
Average Acreage
Requirement/DU, Based on
3-acre Standard
Single-Family 0--5 3.5 .0105
Duplex, medium low 5--10 2.0 .0060
Cluster, medium 10--20 2.0 .0060
Cluster, medium high 20 + 1.8 .0054
Apartments 10 + 1.8 .0054
Elderly housing* All ranges 1.0 .0030
* A project which is occupied by an elderly household as defined in Section 50067 of the Health
and Safety Code.
(Ord. 1609, § 1 (part), 1992; Ord. 1384, Exhibit A (part), 1986)
18.24.070 Criteria for Requiring Both Dedication and Fee.
In subdivisions of over fifty parcels, the subdivider shall both dedicate land and pay a fee in lieu
thereof in accordance with the following formula:
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A. When only a portion of the land to be subdivided is proposed in the open space and
conservation element of the General Plan as the site for a local park, the portion shall be
dedicated for local park purposes and a fee computed pursuant to the provisions of Section
18.24.080 shall be paid for any additional land that would have been required to be dedicated
pursuant to Section 18.24.050, Standards and Formula for Dedication of Land.
B. When a major part of the local park or recreational site has already been acquired by the City
and only a small portion of land is needed from the subdivision to complete the site, the
remaining portion shall be dedicated and a fee computed pursuant to the provisions of Section
18.24.080 shall be paid in an amount equal to the value of the land which would otherwise have
been required to be dedicated pursuant to Section 18.24.050, Standards and Formula for
Dedication of Land, the fees to be used for the improvement of the existing park and recreational
facility or for the improvement of other local parks and recreational facilities in the area serving
the subdivision.
(Ord. 1384, Exhibit A (part), 1986)
18.24.080 Amount of Fee in Lieu of Park Land Dedication.
When a fee is required to be paid in lieu of park land dedication, the amount of the fee shall be
determined, by the Director of Public Works, based upon the fair market value of the land which
would otherwise be required to be dedicated pursuant to Section 18.24.050, Standards and
Formula for Dedication of Land, determined by reference to comparable land within the general
area of the subject land. As used herein, the term “comparable” means land of similar size and
development potential as the land which would otherwise be dedicated. The date of valuation of
the property for in-lieu fee purposes shall be the date that the subdivider submits his or her
written request for a final subdivision map.
B. The fee shall be paid pursuant to the provisions contained in Section 18.24.060, Formula for
Fees in Lieu of Land Dedication.
C. If a subdivider objects to the fair market value determination made by the Director of Public
Works, he or she may, at his or her own expense, obtain an appraisal of the property by a
qualified real estate appraiser approved by the City, which appraisal of fair market value may be
accepted by the City Council, if found reasonable. Alternatively, the City and the subdivider may
agree as to the fair market value.
(Ord. 1609, § 1 (part), 1992; Ord. 1384, Exhibit A (part), 1986)
18.24.090 Subdividers Not Within General Plan.
Where the proposed subdivision lies within an area not then but to be included within the City’s
General Plan, the subdivider shall dedicate land, pay a fee in lieu, or both, in accordance with the
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adopted park and recreational principles and standards of the City’s General Plan and in
accordance with the provisions of this chapter.
(Ord. 1384, Exhibit A (part), 1986)
18.24.100 Determination of Land or Fee.
A. If the relationship between a proposed subdivision containing fifty parcels or more and the
open space and conservation element is unclear, the City Council shall determine whether it
accepts land dedication or elects to require payment of a fee, by consideration of the following:
1. Topography, geology, access and location of land in the subdivision available for dedication;
2. Size and shape of the subdivision and land available for dedication;
3. Feasibility of dedication;
4. Availability of previously acquired park property.
B. The determination of the City as to whether land shall be dedicated, or whether a fee shall be
charged, or a combination thereof, shall be final and conclusive.
(Ord. 1384, Exhibit A (part), 1986)
18.24.110 Credit for Private Recreation or Open Space.
Where private open space for park and recreational purposes is provided in a proposed
subdivision, fifty percent credit shall be given against the requirement of land dedication or
payment of fees in lieu thereof, if the City Council finds that it is in the public interest to do so
and that all the following standards are met:
A. That yards, court areas, setbacks, decorative landscape areas normally associated with
residential site design and other open areas required to be maintained by the zoning and building
ordinances and regulations shall not be included in the computation of such private open space;
B. That such space is to be wholly or partially owned and maintained by the future residents of
the subdivision and that the private ownership and maintenance of the open space is adequately
provided for by recorded written agreement, conveyance or restrictions;
C. That the use of the private open space is restricted for park and recreational purposes by
recorded covenant, which runs with the land in favor of the future owners of property and which
cannot be defeated or eliminated without the consent of the City or its successor;
D. That the proposed private open space is reasonably adaptable for use for park and recreational
purposes, taking into consideration such factors as size, shape, topography, geology, access and
location;
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E. That facilities proposed for the open space are in substantial accordance with the provisions of
the open space and conservation element of the General Plan; and
F. That the open space for which credit is given complies with the following standards:
1. The total usable open space acreage must be equivalent to a ratio of three acres of land for
each one thousand person, or a fraction thereof, generated by the development. The computation
for determining acreage is described in Section 18.24.050, Standards and Formula for Dedication
of Land.
2. The open space must contain the following mandatory elements and at least four of the six
optional elements:
The combined minimum acreage for a facility with a recreation center and children’s play
apparatus area is 1.3 acres. The minimum combined acreage for a facility not including a
recreation center or children’s play area is 1.5 acres.
The City Council may grant park credit for a combination of the above elements or a
combination of the above elements and other recreation improvements that will meet the specific
recreation needs of a specialized housing development, such as a senior housing development
with occupancy controlled via a covenant with the City named as a third party beneficiary.
Before credit is given, the City Council shall adopt written findings that the above standards are
met, and shall require the recordation of covenants running with the land to ensure that credited
elements are maintained.
(Ord. 1674, 1995; Ord. 1384, Exhibit A (part), 1986)
18.24.115 Credit for Existing Residential Units.
Where any lot or lots of a proposed subdivision contains existing residential units, a credit shall
be given against the requirement of land dedication or payment of fees in lieu thereof for each lot
which contains residential unit or units. As used herein, the term “existing” refers to a residential
unit or units which exist at the time of the recordation of a final map or which were demolished
within one year prior of the tentative map application.
(Ord. 1853, § 2, 2000)
18.24.120 Procedure.
A. At the time of approval of the tentative subdivision map, the City Council shall determine
pursuant to Section 18.24.100 the land to be dedicated and/or fees to be paid by the subdivider.
B. At the time of the filing of the final subdivision map, the subdivider shall dedicate the land/or
pay the fees as previously determined by the City Council.
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Minimum Acreage
Mandatory Element
Turfed playfield .50
The playfield shall be a single unit of land which is generally level and free
of physical barriers which would inhibit group play activities.
Optional Elements
Children’s play apparatus area .15
Recreational community gardens .25
Family picnic area .25
Game court area .25
Swim pool (42’ x 75’ with adjacent deck and lawn areas) .25
Recreation center buildings and grounds .15
C. Open space covenants for private park or recreational facilities shall be submitted to the City
prior to approval of the final subdivision map and shall be recorded simultaneously with the final
subdivision map.
(Ord. 1384, Exhibit A (part), 1986)
18.24.130 Commencement of Development.
At the time of approval of the final subdivision map, the City Council shall specify when
development of the park or recreational facilities shall be commenced.
(Ord. 1384, Exhibit A (part), 1986)
Article III. School Site Dedication.
18.24.140 General.
Unless otherwise prohibited by law, as a condition of approval of a final subdivision map, a
subdivider who develops or completes the development of one or more subdivisions within a
school district shall dedicate to the school district such lands as the City Council shall deem to be
necessary for the purpose of constructing thereon schools necessary to assure the residents of the
subdivision adequate elementary school service.
(Ord. 1384, Exhibit A (part), 1986)
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18.24.150 Procedure.
The requirement of dedication shall be imposed at the time of approval of the tentative map. If
within thirty days after the requirement of dedication is imposed by the City the school district
does not offer to enter into a binding commitment with the subdivider to accept the dedication,
the requirement shall be automatically terminated. The required dedication may be made any
time before, concurrently with, or up to sixty days after the filing of the final map on any portion
of the subdivision.
(Ord. 1384, Exhibit A (part), 1986)
18.24.160 Payments to Subdivider for School Site Dedication.
The school district shall, if it accepts the dedication, repay to the subdivider or his or her
successors the original cost to the subdivider of the dedicated land, plus a sum equal to the total
of the following amounts:
A. The cost of any improvements to the dedicated land since acquisition by the subdivider;
B. The taxes assessed against the dedicated land from the date of the school district’s offer to
enter into the binding commitment to accept the dedication;
C. Any other costs incurred by the subdivider in maintenance of such dedicated land, including
interest costs incurred on any loan covering such land.
(Ord. 1384, Exhibit A (part), 1986)
18.24.170 Exemptions.
The provisions of this article shall not be applicable to a subdivider who has owned the land
being subdivided for more than ten years prior to the filing of the tentative maps.
(Ord. 1384, Exhibit A (part), 1986)
Article IV. Reservations.
18.24.180 General.
As a condition of approval of a map, the subdivider shall reserve sites, appropriate in area and
location, for parks, recreational facilities, fire stations, libraries or other public uses according to
the standards and formula contained in this article.
(Ord. 1384, Exhibit A (part), 1986)
18.24.190 Standards for Reservation of Land.
Where a park, recreational facility, fire station, library, or other public use is shown on an
adopted specific plan or adopted general plan containing a community facilities element,
recreation and parks element and/or a public building element, the subdivider may be required by
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the City to reserve sites as so determined by the City or County in accordance with the definite
principles and standards contained in the above specific plan or General Plan. The reserved area
must be of such size and shape as to permit the balance of the property within which the
reservation is located to develop in an orderly and efficient manner. The amount of land to be
reserved shall not make development of the remaining land held by the subdivider economically
unfeasible. The reserved area shall conform to the adopted specific plan or General Plan and
shall be in such multiples of streets and parcels as to permit an efficient division of the reserved
area in the event that it is not acquired within the prescribed period.
(Ord. 1384, Exhibit A (part), 1986)
18.24.200 Procedure.
The public agency for whose benefit an area has been reserved shall, at the time of approval of
the final map or parcel map, enter into a binding agreement to acquire reserved area within two
years after the completion and acceptance of all improvements, unless the period of time is
extended by mutual agreement.
(Ord. 1384, Exhibit A (part), 1986)
18.24.210 Payment to Subdivider.
The purchase price shall be the market value at the time of the filing of the tentative map plus the
taxes against such reserved area from the date of the reservation and any other costs incurred by
the subdivider in the maintenance of the reserved area, including interest costs incurred on any
loan covering the reserved area.
(Ord. 1384, Exhibit A (part), 1986)
18.24.220 Termination.
If the public agency for whose benefit an area has been reserved does not enter into a binding
agreement, the reservation of the area shall automatically terminate.
(Ord. 1384, Exhibit A (part), 1986)
Article V. Waiver of Direct Street Access.
18.24.230 Waiver of Direct Street Access.
A. The City may require as a condition of approval of any subdivision the waiver of direct access
rights to proposed or existing streets from any property within the subdivision and abutting
thereon.
B. Any waiver shall become effective in accordance with its provisions and shall be contained in
the owner’s certificate of the final map or parcel map.
(Ord. 1384, Exhibit A (part), 1986)
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CHAPTER 18.28: VESTING TENTATIVE SUBDIVISION MAPS
Section
18.28.010 General.
18.28.020 Consistency.
18.28.030 Application.
18.28.040 Filing and Processing.
18.28.050 Fees.
18.28.060 Expiration.
18.28.070 Vesting on Approval of Vesting Tentative Map.
18.28.010 General.
The form, contents, submittal and approval of vesting tentative subdivision maps shall be
governed by the provisions of this chapter.
(Ord. 1384, Exhibit A (part), 1986)
18.28.020 Consistency.
No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose
which is inconsistent with the General
Plan and any applicable specific plan or not permitted by the Zoning Ordinance or other
applicable provisions of the Municipal Code.
(Ord. 1384, Exhibit A (part), 1986)
18.28.030 Application.
A. Whenever a provision of the Map Act, as implemented and supplemented by other provisions
of this title, requires filing of a tentative map or tentative parcel map, a vesting tentative map
may instead be filed, in accordance with these provisions.
B. If a subdivider does not seek the rights conferred by the Vesting Tentative Map Statute, the
filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed
subdivision, permit for construction, or work preparatory to construction.
(Ord. 1948, (part), 2004; Ord. 1384, Exhibit A (part), 1986)
18.28.040 Filing and Processing.
A vesting tentative map shall be filed in the same form and have the same contents,
accompanying data and reports and shall be processed in the same manner as set forth in the
other provisions of this title for a tentative map except as follows:
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A. At the time a vesting tentative map is filed it shall have printed conspicuously on its face the
words “Vesting Tentative Map.”
B. A conceptual zoning plan must be adopted and in effect and a planned development permit
must be approved and in force prior to the filing of a vesting tentative map for property located
in a planned development zone.
C. A development zoning plan or conceptual zoning plan must be adopted as in effect prior to the
filing of a vested tentative map for the subject property.
D. At the time a vesting tentative map is filed, a subdivider shall also file these other
applications, complete with required fees, plans, and other documentation that would otherwise
be required for the recordation of a final map and issuance of building permits.
(Ord. 2056, (part), 2010; Ord. 1948, (part), 2004; Ord. 1384, Exhibit A (part), 1986)
18.28.050 Fees.
Upon filing a vesting tentative map, the subdivider shall pay the fees required by the other
provisions of this title for the filing and processing of a tentative map. Unless otherwise stated in
other provisions of this title and established fee schedules, the amount of the fee shall be
determined at the time the final map is authorized by City Council for recordation.
(Ord. 1384, Exhibit A (part), 1986)
18.28.060 Expiration.
The approval or conditional approval of a vesting tentative map shall expire at the end of the
same time period, and shall be subject to the same extensions, established by other provisions of
this title for the expiration of the approval or conditional approval of a tentative map.
(Ord. 1384, Exhibit A (part), 1986)
18.28.070 Vesting on Approval of Vesting Tentative Map.
A. Vesting. The approval or conditional approval of a vesting tentative map shall confer a vested
right to proceed with development in substantial compliance with the ordinances, policies and
standards described in Government Code Section 66474.2.
B. Conditional or Denial. Notwithstanding subsection A of this section, a permit, approval,
extension or entitlement may be made conditional or denied if any of the following are
determined:
1. A failure to do so would place the residence of the subdivision or the immediate community,
or both, in a condition dangerous to their health and/or safety;
2. The condition or denial is required in order to comply with state or federal law.
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C. Duration of Rights. The rights referred to in this section shall expire if a final map is not
approved prior to the expiration of the vesting tentative map as provided in Section 18.28.070. If
the final map is approved, these rights shall last for the following periods of time:
1. An initial time period of one year. Where several final maps are recorded on various phases of
a project covered by a single vesting tentative map, this initial time period shall begin for each
phase when the final map for that phase is recorded.
2. The initial time period set forth in subdivision 1 of this subsection shall be automatically
extended by any time used for processing a complete application for a grading permit or for
design or architectural review, if such processing exceeds thirty days from the date a complete
application is filed.
3. A subdivider may apply for a one-year extension at any time before the initial time period set
forth in subdivision 1 of this subsection expires. If the extension is denied, the subdivider may
appeal that denial to the legislative body within fourteen days.
4. If the subdivider submits a complete application for a building permit during the periods of
time specified in subdivisions 1 through 3 of this subsection, the rights referred to in this section
shall continue until the expiration of that permit, or any extension of that permit.
(Ord. 1384, Exhibit A (part), 1986)
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CHAPTER 18.32: SUBDIVISION IMPROVEMENTS
Section
Article I. General.
18.32.010 General.
Article II. Improvements Required.
18.32.020 General.
18.32.030 Frontage Requirements.
18.32.040 Storm Drainage.
18.32.050 Sanitary Sewers.
18.32.060 Water Supply.
18.32.070 Undergrounding Utilities.
Article III. Deferred Improvement Agreements.
18.32.080 Subdivisions of Four or less Parcels.
18.32.090 Remainders/Omitted Units.
Article IV. Design.
18.32.100 General.
18.32.110 Energy Conservation.
Article V. Access.
18.32.120 Access.
Article VI. Improvement Plans.
18.32.130 General.
18.32.140 Form.
18.32.150 Contents.
18.32.160 Supplementary Plans and Calculations.
18.32.170 Review by the City Engineer.
18.32.180 Approval by the City Engineer.
18.32.190 Revisions to Approved Plans–By Subdivider.
18.32.200 Revisions to Approved Plans–By City Engineer.
18.32.210 Revisions to Approved Plans–Plan Checking and Inspection Costs.
Article VII. Improvement Agreement.
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18.32.220 Improvement Agreement.
Article VIII. Improvement Security.
18.32.230 General.
18.32.240 Form of Security.
18.32.250 Amount of Security.
18.32.260 Maintenance Deposit.
18.32.270 Warranty Security.
18.32.280 Reduction in Performance Security.
Article IX. Release of Improvement Securities.
18.32.290 Performance Security.
18.32.300 Material and Labor Security.
18.32.310 Warranty Security.
Article X. Construction.
18.32.320 Construction.
Article XI. Construction Inspection.
18.32.330 General.
18.32.340 Preconstruction Conference.
18.32.350 Final Inspection and Deficiency List.
Article XII. Completion of Improvements.
18.32.360 Subdivisions of Five or More Parcels.
18.32.370 Subdivisions of Four or less Parcels.
18.32.380 Extensions.
Article XIII. Acceptance of Improvements.
18.32.390 General.
18.32.400 Notice of Completion.
18.32.410 Acceptance of a Portion of the Improvements.
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Article I. General.
18.32.010 General.
A. The subdivider shall construct all required improvements both on and off-site according to
approved standards.
B. No final map or parcel map shall be presented to the Council or the City Engineer for
approval until the subdivider either completes the required improvements, or enters into an
agreement with the City agreeing to do such work.
(Ord. 1384, Exhibit A (part), 1986)
Article II. Improvements Required.
18.32.020 General.
A. All improvements as may be required as conditions of approval of the tentative map or City
ordinance, together with but not limited to, the following shall be required of all subdivisions.
B. Requirements for construction of on-site and off-site improvements for subdivisions of four or
less parcels shall be noted on the parcel map, or waiver of parcel map or the subdivision
improvement agreement recorded prior to or concurrent with the parcel map.
C. Completion of improvements shall be in accordance with Article XII of this chapter.
(Ord. 1384, Exhibit A (part), 1986)
18.32.030 Frontage Requirements.
The frontage of each lot shall be improved to its ultimate adopted geometric section, including
street structural section, curbs, sidewalks, driveway approaches and transitions. Any street
previously granted a rural or semi-rural designation under the provisions of Section 14.04.040,
Requirements–General, shall be improved to the standard adopted for that street.
(Ord. 1925, (part), 2003; Ord. 1384, Exhibit A (part), 1986)
18.32.040 Storm Drainage.
Stormwater runoff from the subdivision shall be collected and conveyed by an approved storm
drain system. The storm drain system shall be designed for ultimate development of the
watershed. The storm drain system shall provide for the protection of abutting and offsite
properties that would be adversely affected by any increase in runoff attributed to the
development; off-site storm drain improvements may be required to satisfy this requirement.
(Ord. 1384, Exhibit A (part), 1986)
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18.32.050 Sanitary Sewers.
Each unit or lot within the subdivision shall be served by an approved sanitary sewer system.
(Ord. 1384, Exhibit A (part), 1986)
18.32.060 Water Supply.
Each unit or lot within the subdivision shall be served by an approved domestic water system.
(Ord. 1384, Exhibit A (part), 1986)
18.32.070 Undergrounding Utilities.
A. Each unit or lot within the subdivision shall be served by gas (if required), electric, telephone
and cablevision facilities. All utilities within the subdivision and along peripheral streets shall be
placed underground in accordance with Chapters 14.20, Underground Utilities–Conversions, and
14.24, Underground Utilities–New Developments, of this code, except those facilities exempted
by the Public Utilities Commission regulations. Undergrounding shall be required for overhead
lines on both sides of peripheral streets.
B. For subdivisions of five or more parcels, the subdivider may request that the undergrounding
requirement along peripheral streets be waived by the Planning Commission. The Planning
Commission may, at its discretion, accept a fee in lieu of the undergrounding. The amount of fee
shall be determined by the City Engineer and shall be one-half of the normal cost of
undergrounding existing utilities on residential streets. The requirement for undergrounding or
the acceptance of an in-lieu-of-undergrounding fee shall be made a condition of approval of the
tentative map.
C. For subdivision of five or more parcels the developer may appeal the undergrounding
requirement along peripheral streets to the City Council. Such appeal shall be in accordance with
Section 18.20.070, Appeals of Decisions – Procedure, of this title. The appeal shall be
accompanied by an estimate from each utility company for the approximate cost per lineal foot
and total cost to underground its facilities along the peripheral street.
The developer shall pay all fees as may be charged by each utility company to make the required
estimate.
D. The City Council or City Engineer, as the case may be, may, at its discretion, accept a fee in
lieu of the undergrounding of existing facilities along peripheral streets.
The amount of fee shall not be less than the amount established by the City Engineer for the
normal cost of undergrounding of existing utilities along residential streets.
E. In-lieu fees shall be deposited in a special undergrounding account to be used as approved by
the City Council for future undergrounding of utilities throughout the City.
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F. For subdivisions of four or less parcels, undergrounding requirements may be waived or
modified by the City Engineer upon finding:
1. The subdivision is within an area where existing utilities have not been undergrounded;
2. Overhead utilities will have no significant visual impact.
G. If the undergrounding requirement is waived as allowed by subsections F1 and 2 of this
section, the in-lieu fee as established by the City Engineer shall be paid as a condition of
approval of the tentative map.
(Ord. 1384, Exhibit A (part), 1986)
Article III. Deferred Improvement Agreements.
18.32.080 Subdivisions of Four or less Parcels.
A. The frontage improvements along existing peripheral streets may be deferred when deemed
necessary by the City Engineer.
Deferral will be allowed when the City Engineer finds that construction is impractical due to
physical constraints, or the surrounding neighborhood is absent of similar improvements. When
improvements are deferred, the subdivider shall enter into an agreement with the City for the
installation of all frontage improvements at such time in the future as required by the City. The
agreement shall provide:
1. Construction of such improvements shall commence within six months of the receipt of the
notice to proceed from the City;
2. That in event of default by the owner, his or her successors or assigns, that City is authorized
to cause such construction to be done and charge the entire cost and expense to the owner, his or
her successors or assigns, including interest from the date of notice of the cost and expense until
paid;
3. That this agreement shall be recorded in the office of the Recorder of Santa Clara County,
California, at the expense of the owner and shall constitute notice to all successors and assigns of
the title to such real property of the obligation herein set forth, and also a lien in such amount as
will fully reimburse the City, including interest as hereinabove set forth, subject to foreclosure in
event of default in payment;
4. That in event of litigation occasioned by any default of the owner, his or her successors or
assigns, the owner, his or her successors or assigns agree to pay all costs involved, including
reasonable attorney’s fees, and that the same shall become a part of the lien against such real
property;
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5. That the term “owner” shall include not only the present owner but also his or her heirs,
successors, executors, administrators and assigns, it being the intent of the parties hereto that the
obligations herein undertaken shall run with such real property and constitute a lien there against.
B. The agreement shall not relieve the owner from any other requirements specified herein. The
construction of deferred improvements shall conform to the provisions of this title and all
applicable articles of the Municipal Code in effect at the time of construction.
(Ord. 1384, Exhibit A (part), 1986)
18.32.090 Remainders/Omitted Units.
A. The subdivider may designate as a remainder that portion which is not divided for purpose of
sale, lease or financing.
Alternatively, the subdivider may omit entirely that portion of any unit or improved or
unimproved land which is not divided for the purpose of sale, leasing or financing. In all cases,
the remainder or omitted unit shall not be counted as a parcel for the purpose of determining
whether a parcel map or a final subdivision map is required under this title.
B. For a designated remainder or omitted unit described herein, the fulfillment of construction
requirements for improvements, including the payment of fees associated with any deferred
improvements, shall not be required until a building permit is issued by the City for development
or redevelopment of such remainder or omitted unit, or until the construction of the
improvements, including the payment of fees associated with any deferred improvements, is
required pursuant to an agreement between the subdivider and the City.
C. In the absence of such an agreement described above, the City may require fulfillment of such
construction requirements, including the payment of fees associated with any deferred
improvements, within a reasonable time following approval of a final map and prior to the
issuance of the remainder or omitted unit upon a finding by the City Council that the fulfillment
of the construction requirements is necessary for reasons of:
1. The public health and safety; or
2. The required construction is a necessary prerequisite to the orderly development of the
surrounding area.
D. The provisions above described providing for a deferral of the payment of fees associated
with any deferred improvements shall not apply if the designated remainder or omitted unit is
included within the boundaries of a benefit assessment district or community facilities district.
E. Any designated remainder or omitted unit may subsequently be sold without the requirement
of the filing of any parcel or final subdivision on condition that either the seller or the buyer
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obtain a certificate of compliance or conditional certificate of compliance from the City
Engineer.
(Ord. 1609, § 1 (part), 1992; Ord. 1384, Exhibit A (part), 1986)
Article IV. Design.
18.32.100 General.
The design and layout of all required improvements both on and off-site, private and public, shall
conform to generally acceptable engineering standards and to such standards as approved by the
City Engineer. If the subdivider or the subdivider’s engineer disagrees with the standards applied
in interpreting the tentative map conditions of approval by the City Engineer, the interpretation
may be appealed to the Planning Commission according to procedures set forth in Section
18.20.070, Appeals of Decisions – Procedure.
(Ord. 1384, Exhibit A (part), 1986)
18.32.110 Energy Conservation.
A. The design of a subdivision for which a tentative map is required, pursuant to Chapter 18.12,
Maps Required, of this title, shall provide, to the extent feasible, for future passive or natural
heating or cooling opportunities in the subdivision.
B. Examples of passive or natural heating opportunities in subdivision design include design of
lot size and configuration to permit orientation of a structure in an east-west alignment for
southern exposure.
C. Examples of passive or natural cooling opportunities in subdivision design include design of
lot size and configuration to permit orientation of a structure to take advantage of shade or
prevailing breezes.
D. In providing for future passive or natural heating or cooling opportunities in the design of a
subdivision, consideration shall be given to local climate, to contour, to configuration of the
parcel to be divided, and to other design and improvement requirements, and such provision shall
not result in reducing allowable densities or the percentage of a lot which may be occupied by a
building or structure under applicable planning and zoning in force at the time the tentative map
is filed.
E. The requirements of this section do not apply to condominium projects or stock cooperatives
which consist of the subdivision of airspace in an existing building when no new structures are
added.
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F. For the purpose of this section, “feasible” means capable of being accomplished in a
successful manner within a reasonable period of time taking into account economic,
environmental, social and technological factors.
(Ord. 1384, Exhibit A (part), 1986)
Article V. Access.
18.32.120 Access.
A. The subdivision shall abut upon or have an approved access to a public street. Each unit or lot
within the subdivision shall have an approved access to a public or private street. Flag lot access
shall be a minimum of twenty feet in width unless approved by the City Engineer.
B. Street layout shall be designed to provide for future access to, and not impose undue hardship
upon, property adjoining the subdivision.
C. Reserve strips, or nonaccess at the end of streets or at the boundaries of subdivisions, shall be
dedicated unconditionally to the City when required.
(Ord. 1384, Exhibit A (part), 1986)
Article VI. Improvement Plans.
18.32.130 General.
A. Improvement plans shall be prepared under the direction of and signed by a registered civil
engineer licensed by the State of California.
B. Improvement plans shall include but not be limited to grading, storm drains, landscaping,
streets and related facilities.
(Ord. 1384, Exhibit A (part), 1986)
18.32.140 Form.
A. Plans, profiles and details shall be legibly drawn, printed or reproduced on twenty-four-inch
by thirty-six-inch sheets. A border shall be made on each sheet providing one-half inch at top,
bottom and right side and one-and-one-half inches on the left side.
B. A suitable title block shall be placed in the lower right corner or along the right edge and
provide adequate space for approval by the City Engineer and for approval of plan revisions.
C. Plan and profiles shall be drawn to the scale of one inch equals forty feet or larger unless
approved by the City Engineer. Details shall be drawn to such scale that clearly shows the
facility being constructed. The scales for various portions of the plans shall be shown on each
sheet.
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D. A vicinity map shall be shown on the first sheet of all sets of plans.
E. A north arrow shall be shown on each sheet when applicable.
F. Plans shall be laid out to orient north to the top or right edge of the sheet unless approved
otherwise by the City Engineer.
G. All lettering shall be one-eighth inch minimum.
H. If the plans include three or more sheets, a cover sheet showing the streets, lots, easements,
storm drains, index and vicinity map shall be included.
I. The form of all plans shall conform to such additional requirements as may be established by
the City Engineer. The final form of all plans shall be as approved by the City Engineer.
(Ord. 1384, Exhibit A (part), 1986)
18.32.150 Contents.
A. The improvement plans shall show complete plans, profiles and details for all required
improvements to be constructed, both public and private (including common areas).
B. Reference may be made to the City of Cupertino, Santa Clara County or State standard plans
in lieu of duplicating the drawings thereon.
(Ord. 1384, Exhibit A (part), 1986)
18.32.160 Supplementary Plans and Calculations.
Hydrology, hydraulic plans and calculations, bond estimates and any structural calculations as
may be required, shall be submitted with the improvement plans to the City Engineer. All
calculations shall be legible, systematic and signed and dated by a registered civil engineer
licensed by the State of California and in a form as approved by the City Engineer.
(Ord. 1384, Exhibit A (part), 1986)
18.32.170 Review by the City Engineer.
The subdivider shall submit two sets of improvement plans and two copies of all computations to
the City Engineer for review. Upon completion of his or her review, one set of the preliminary
plans, with the required revisions indicated thereon, will be returned to the subdivider’s engineer.
(Ord. 1384, Exhibit A (part), 1986)
18.32.180 Approval by the City Engineer.
A. After completing all required revisions, the subdivider’s engineer shall transmit the originals
of the improvement plans to the City Engineer for his or her signature.
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B. Upon finding that all required revisions have been made and that the plans conform to all
applicable City ordinances, design review requirements and conditions of approval of the
tentative map, the City Engineer shall sign and date the plans. The originals will be returned to
the subdivider’s engineer.
C. Approval of the improvement plans shall not be construed as approval of the sanitary sewer or
water construction plans or compliance with County, State or Federal laws.
D. Approval by the City Engineer shall in no way relieve the subdivider or his or her engineer
from responsibility for the design of the improvements and for any deficiencies resulting from
the design thereof or from any required conditions of approval for the tentative map.
E. Prior to the start of work, the subdivider’s engineer shall submit all required microfilm, sepias
and copies of both maps and improvement plans to the City.
(Ord. 1384, Exhibit A (part), 1986)
18.32.190 Revisions to Approved Plans–By Subdivider.
Requests by the subdivider or the engineer for revisions to the approved plans appearing
necessary or desirable during construction shall be submitted in writing to the City Engineer or
his or her appointee and shall be accompanied by two sets of revised drawings showing the
proposed revision. If the revision is acceptable, the originals shall be submitted to the City
Engineer’s office for initialing. The originals shall be returned to the subdivider’s engineer and
two sets of the revised plans shall be immediately transmitted to the City Engineer.
Construction of any proposed revision will not be permitted to commence until revised plans
have been received and forwarded to the City’s Public Works Inspection Division.
(Ord. 1384, Exhibit A (part), 1986)
18.32.200 Revisions to Approved Plans–By City Engineer.
A. When revisions are deemed necessary by the City Engineer to protect public health and
safety, or as field conditions may require, a request in writing shall be made to the subdivider
and his or her engineer. The subdivider’s engineer shall revise the plans and transmit the
originals to the City Engineer for initialing within such time as specified by the City Engineer.
Upon receipt of the initialed originals, the subdivider’s engineer shall immediately transmit two
sets of revised drawings to the City Engineer. Construction of all or any portion of the
improvements may be stopped by the City Engineer until revised drawings have been submitted.
B. The subdivider may appeal revisions required by the City Engineer to the City Council by
filing an appeal with the City Clerk within two working days following receipt of the request to
revise the plans.
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(Ord. 1384, Exhibit A (part), 1986)
18.32.210 Revisions to Approved Plans–Plan Checking and Inspection Costs.
Costs incurred by the City for the checking of plans or calculations or inspection as a result of
revisions to the approved plans shall be borne by the subdivider.
(Ord. 1384, Exhibit A (part), 1986)
Article VII. Improvement Agreement.
18.32.220 Improvement Agreement.
The agreement shall be prepared and signed by the City Engineer and approved as to form by the
City Attorney. The agreement shall provide for:
A. Construction of all improvements per the approved plans and specifications;
B. Completion of improvements within the time specified by Article XII of this chapter;
C. Right by City to modify plans and specifications;
D. Warranty by subdivider that construction will not adversely affect any portion of adjacent
properties;
E. Payment of inspection fees in accordance with the City’s resolution establishing fees and
charges;
F. Payment of in-lieu fees for undergrounding of utilities on peripheral streets; payment of in-
lieu fees for parkland dedication;
G. Payment of drainage district or area fees;
H. Improvement security as required by this chapter;
I. Maintenance and repair of any defects or failures and causes thereof;
J. Release of the City from all liability incurred by the development and payment of all
reasonable attorney’s fees that the City may incur because of any legal action arising from the
development;
K. Any other deposits, fees or conditions as required by City ordinance or resolution and as may
be required by the City Engineer.
(Ord. 1384, Exhibit A (part), 1986)
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Article VIII. Improvement Security.
18.32.230 General.
A. Any improvement agreement, contract or act required or authorized by the Subdivision Map
Act, for which security is required, shall be secured in accordance with Section 66499 of the
Government Code and as provided herein.
B. No final map or parcel map shall be signed by the City Engineer or recorded until all
improvement securities required by this article have been received and approved.
(Ord. 1384, Exhibit A (part), 1986)
18.32.240 Form of Security.
The form of security shall be one or the combination of the following at the option and subject to
the approval of the City.
A. Bond or bonds by one or more duly authorized corporate sureties;
B. A deposit, either with the local agency or a responsible escrow agent or trust company, at the
option of the local agency, of money or negotiable bonds of the kind approved for securing
deposits of public moneys;
C. An instrument of credit from one or more financial institutions subject to regulation by the
state or federal government and pledging that the funds necessary to carry out the act or
agreement are on deposit and guaranteed for payment, or a letter of credit issued by such a
financial institution;
D. A lien upon the property to be divided, created by contract between the owner and the local
agency, if the local agency finds that it would not be in the public interest to require the
installation of the required improvement sooner than two years after the recordation of the map.
The provisions of the bond or bonds shall be in accordance with Sections 66499.1 and 66499.2
of the Government Code.
(Ord. 1384, Exhibit A (part), 1986)
18.32.250 Amount of Security.
A. A performance bond or security in the amount of one hundred percent of the estimated
construction cost to guarantee the construction or installation of all improvements shall be
required of all subdivisions. An additional amount of one hundred percent of the estimated
construction cost shall be required to guarantee the payment to the subdivider’s contractor,
subcontractors, and to persons furnishing labor, materials or equipment for the construction or
installation of improvements.
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B. The estimate of improvement costs shall be as approved by the City Engineer and shall
provide for:
1. Ten percent of the total construction cost for contingencies;
2. All utility installation costs or a certification acceptable to the City Engineer from the utility
company that adequate security has been deposited to insure installation;
3. In addition to the full amount of the security, there shall be included costs and reasonable
expenses and fees, including attorney’s fees, incurred in enforcing the obligation secured.
(Ord. 1384, Exhibit A (part), 1986)
18.32.260 Maintenance Deposit.
The developer shall deposit with the City not less than one thousand dollars cash for subdivisions
of four or less parcels, and three thousand dollars for other subdivisions, or such additional
amount as required by the City Engineer, not to exceed one percent of the construction cost. The
deposit may be used at the discretion of the City to correct deficiencies and conditions caused by
the subdivider or his or her contractor that may arise during or after the construction of the
subdivision. Any unexpended amount will be returned to the developer at the time all bonds are
released.
(Ord. 1384, Exhibit A (part), 1986)
18.32.270 Warranty Security.
Upon acceptance of the subdivision improvements by the City Council, the subdivider shall
provide security in the amount as required by the City Engineer to guarantee the improvements
throughout the warranty period. The amount of the warranty security shall be not less than ten
percent of the cost of the construction of the improvements, including the cash bond which shall
be retained for the one-year warranty period. In hillside areas, the warranty security shall be not
less than fifty percent of the construction cost of improvement.
(Ord. 1384, Exhibit A (part), 1986)
18.32.280 Reduction in Performance Security.
The City Engineer may authorize in writing the release of a portion of the security in accordance
with Government Code Section 66499.7.
(Ord. 1384, Exhibit A (part), 1986)
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Article IX. Release of Improvement Securities.
18.32.290 Performance Security.
A. The performance security shall be released only upon acceptance of the improvements by the
City and when an approved warranty security has been filed with the City Engineer.
B. If warranty security is not filed, performance security shall be released twelve months after
acceptance of improvements and correction of all warranty deficiencies.
(Ord. 1384, Exhibit A (part), 1986)
18.32.300 Material and Labor Security.
Security given to secure payment to the contractor, subcontractors and to persons furnishing
labor, material or equipment may, six months after the completion and acceptance of the
improvements by the City Council, be reduced to an amount equal to the amount of all claims
therefor filed and of which notice has been given to the City Council. The balance of the security
shall be released upon the settlement of all such claims and obligations for which the security
was given.
(Ord. 1384, Exhibit A (part), 1986)
18.32.310 Warranty Security.
The warranty security shall be released upon satisfactory completion of the warranty period
provided:
A. All deficiencies appearing on the warranty deficiency list for the subdivision have been
corrected;
B. Not less than twelve months have elapsed since the acceptance of the improvements by the
City Council.
(Ord. 1384, Exhibit A (part), 1986)
Article X. Construction.
18.32.320 Construction.
A. The construction methods and materials for all improvements shall conform to the standard
specifications of the City, as adopted by Council resolution. The general provisions of the City’s
standard specifications shall apply to the developer where applicable.
B. Construction shall not commence until required improvement plans have been approved by
the City Engineer and all required microfilm, sepias and copies of both maps and improvement
plans have been received by the City.
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(Ord. 1384, Exhibit A (part), 1986)
Article XI. Construction Inspection.
18.32.330 General.
All improvements are subject to inspection by the City Engineer or authorized personnel in
accordance with the City’s standard specifications.
(Ord. 1384, Exhibit A (part), 1986)
18.32.340 Preconstruction Conference.
Prior to commencing any construction, the developer shall arrange for a preconstruction
conference with the Public Works Inspector.
(Ord. 1384, Exhibit A (part), 1986)
18.32.350 Final Inspection and Deficiency List.
A. Upon completion of the subdivision improvements, the developer shall apply in writing to the
Public Works Inspector for a preliminary final inspection. The Public Works Inspector or
authorized representative shall schedule a preliminary final inspection.
B. A deficiency list shall be compiled during the inspection, noting all corrections or any
additional work required. If the number of items are excessive or the subdivision appears
incomplete, the preliminary final inspection may be halted and rescheduled on a date as
determined by the Public Works Inspector or authorized representative.
C. Upon having completed all corrections or additional work as outlined by the deficiency list,
the developer shall certify in writing that all corrections have been completed satisfactorily and
request a final inspection. The Public Works Inspector or authorized representative shall then
make a final inspection.
D. Upon finding that all items on the deficiency list have been corrected and receipt of as-built
improvement plans, the subdivision shall be placed on the Council agenda for acceptance.
E. The completion of corrections indicated by the deficiency list shall not relieve the developer
from the responsibility of correcting any deficiency not shown on the list that may be
subsequently discovered.
(Ord. 1384, Exhibit A (part), 1986)
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Article XII. Completion of Improvements.
18.32.360 Subdivisions of Five or More Parcels.
A. The subdivision improvements shall be completed by the developer within eighteen months,
or such time as approved by the City Engineer, not to exceed a period of twenty-four months,
from the recording of the final map, unless an extension is granted by the City Council.
B. Should the subdivider fail to complete the improvements within the specified time, the City
may, by resolution of the Council and at its option, cause any or all uncompleted improvements
to be completed and the parties executing the surety or sureties shall be firmly bound for the
payment of all necessary costs.
(Ord. 1384, Exhibit A (part), 1986)
18.32.370 Subdivisions of Four or less Parcels.
A. Completion of improvements will not be required until such time as a permit or other grant
approval for the development of any parcel within the subdivision is applied for. Improvements
shall be completed prior to final building inspection or occupancy of any unit within the
subdivision.
B. The completion of the improvements may be required by a specified date by the City when
the completion of such improvements are found to be necessary for public health or safety or for
the orderly development of the surrounding area. This finding shall be made by the City
Engineer or authorized representative. Such specified date, when required, shall be stated in the
subdivision improvement agreement.
(Ord. 1384, Exhibit A (part), 1986)
18.32.380 Extensions.
A. The completion date may be extended by the City Council for subdivisions of five or more
parcels and by the City Engineer for subdivisions of four or less parcels upon written request by
the developer and the submittal of adequate evidence to justify the extension.
The request shall be made not less than thirty days prior to expiration of the subdivision
improvement agreement.
B. The subdivider shall enter into a subdivision improvement agreement extension with the City.
For subdivisions of five or more parcels the agreement shall be prepared and signed by the City
Engineer, approved as to form by the City Attorney, executed by the subdivider and transmitted
to the City Council for their consideration. If approved by the City Council, the Mayor shall
execute the agreement on behalf of the City.
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C. In consideration of a subdivision improvement extension agreement, the following may be
required:
1. Revision of improvement plans to provide for current design and construction standards when
required by the City Engineer;
2. Revised improvement construction estimates to reflect current improvement costs as approved
by the City Engineer;
3. Increase of improvement securities in accordance with revised construction estimates;
4. Inspection fees may be increased to reflect current construction costs but shall not be subject
to any decrease or refund.
D. The City Council may impose additional requirements as recommended by the City Engineer
or as it may deem necessary as a condition to approving any time extension for the completion of
improvements.
E. The costs incurred by the City in processing the agreement shall be borne by the developer at
actual cost.
(Ord. 1384, Exhibit A (part), 1986)
Article XIII. Acceptance of Improvements.
18.32.390 General.
A. When all improvement deficiencies have been corrected and as-built improvement plans filed,
the subdivision improvements shall be considered by the City for acceptance. Subdivisions of
five or more parcels must be accepted by the City Council. The City Engineer or authorized
representative shall be responsible for the acceptance of subdivisions of four or less parcels.
B. Acceptance of the improvements shall imply only that the improvements have been completed
satisfactorily and that public improvements have been accepted for public use.
(Ord. 1384, Exhibit A (part), 1986)
18.32.400 Notice of Completion.
If the subdivision has been accepted by the City, the City Clerk shall cause to be filed with the
County Recorder a notice of completion.
(Ord. 1384, Exhibit A (part), 1986)
18.32.410 Acceptance of a Portion of the Improvements.
A. When requested by the subdivider in writing, the City may consider acceptance of a portion of
the improvements as recommended by the City Engineer. The improvements will be accepted by
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the City only if it finds that it is in the public interest and such improvements are for the use of
the general public.
B. Acceptance of a portion of the improvements shall not relieve the developer from any other
requirements imposed by this chapter.
(Ord. 1384, Exhibit A (part), 1986)
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CHAPTER 18.36: REVERSIONS TO ACREAGE
Section
18.36.010 General.
18.36.020 Initiation of Proceedings–By Owners.
18.36.030 Initiation of Proceedings–By City Council.
18.36.040 Contents of Petition.
18.36.050 Submittal of Petition to the City Engineer.
18.36.060 City Council Approval.
18.36.070 Filing with County Recorder.
18.36.010 General.
Subdivided property may be reverted to acreage pursuant to provisions of this chapter and the
Map Act. This chapter shall apply to final maps and parcel maps.
(Ord. 1384, Exhibit A (part), 1986)
18.36.020 Initiation of Proceedings–By Owners.
Proceedings to revert subdivided property to acreage may be initiated by petition of all of the
owners of record of the property. The petition shall be in a form prescribed by the City Engineer.
The petition shall contain the information required by Section 18.36.040, Contents of Petition,
and such other information as required by the City Engineer.
(Ord. 1384, Exhibit A (part), 1986)
18.36.030 Initiation of Proceedings–By City Council.
The City Council, at the request of any person or on its own motion may, by resolution, initiate
proceedings to revert property to acreage. The City Council shall direct the City Engineer to
obtain the necessary information to initiate and conduct the proceedings.
(Ord. 1384, Exhibit A (part), 1986)
18.36.040 Contents of Petition.
The petition shall contain but not be limited to the following:
A. Evidence of title to the real property;
B. Evidence of the consent to all of the owners of an interest in the property;
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C. Evidence that none of the improvements required to be made have been made within two
years from the date the final map or parcel map was filed for record, or within the time allowed
by agreement for completion of the improvements, whichever is later;
D. Evidence that no lots shown on the final or parcel map have been sold within five years from
the date such final or parcel map was filed for record;
E. A tentative map in the form prescribed by Article I of Chapter 18.16 or Article I of Chapter
18.20 of this title;
F. A final or parcel map in the form prescribed by Article II of Chapter 18.16 or Article II of
Chapter 18.20 of this title which delineates dedications which will not be vacated and
dedications required as a condition to reversion. Final or parcel maps shall be conspicuously
designated with the title, “The Purpose of this Map is a Reversion to Acreage”;
G. A deposit as required by the City Engineer toward processing and plan checking costs in
accordance with the City’s establishing fees and charges.
(Ord. 1384, Exhibit A (part), 1986)
18.36.050 Submittal of Petition to the City Engineer.
A. The final map or parcel map for the reversion together with all other data as required by this
chapter shall be submitted to the City Engineer for his or her review.
B. Upon finding that the petition meets with all the requirements of this title and the Map Act,
the City Engineer shall submit the final map or parcel map, together with his or her report and
recommendations of approval or conditional approval of the reversion to acreage, to the City
Council for their consideration.
(Ord. 1384, Exhibit A (part), 1986)
18.36.060 City Council Approval.
A. A public hearing shall be held by the City Council on all petitions for initiations for reversions
to acreage. Notice to the public hearing shall be given as provided in Section 66451.3 of the
Government Code. The City Engineer may give such other notice that it deems necessary or
advisable.
B. The City Council may approve a reversion to acreage only if it finds and records by resolution
that:
1. Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are
unnecessary for present or prospective public purposes; and
2. Either:
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a. All owners of an interest in the real property within the subdivision have consented to
reversion, or
b. None of the improvements required to be made have been made within two years from the
date the final or parcel map was filed for record, or within the time allowed by agreement for
completion of the improvements, whichever is later, or
c. No lots shown on the final or parcel map have been sold within five years from the date the
map was filed for record.
C. The City Council may require as conditions of the reversion:
1. The owners dedicate or offer to dedicate streets, public rights-of-way or easements;
2. The retention of all or a portion of previously paid subdivision fees, deposits or improvement
securities if the same are necessary to accomplish any of the provisions of this title.
(Ord. 1384, Exhibit A (part), 1986)
18.36.070 Filing with County Recorder.
A. Upon approving the reversion to acreage, the City Engineer shall transmit the final map or
parcel map, together with the City Council resolution approving the reversion, to the County
Recorder for recordation.
B. Reversion shall be effective upon the final map being filed for record by the County Recorder.
Upon filing, all dedications and offers of dedication not shown on the final map for reversion
shall be of no further force and effect.
(Ord. 1384, Exhibit A (part), 1986)
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CHAPTER 18.40: PARCEL MERGERS
Section
18.40.010 Merger Required.
18.40.020 Recordation of Notice–Effective Date of Merger.
18.40.030 Notice of Intent to Determine Status and Request for Hearing.
18.40.040 Hearing; Procedure.
18.40.050 Hearing De Novo; City Council.
18.40.060 Effect of Previously Merged Parcels.
18.40.010 Merger Required.
A parcel of land shall be merged with a contiguous parcel of land held by the same owner if one
of the contiguous parcels held by the same owner does not conform to the standards for
minimum parcel size for the applicable zone within the City and if all of the following
requirements are satisfied:
A. At least one of the affected parcels is not developed with a structure, other than an accessory
structure, for which a building permit was issued by a local agency, or which was built prior to
the time such permits were required by the applicable local agency or is developed with a single
structure, other than an accessory structure, that is partially sited on a contiguous parcel or
parcels;
B. With respect to any affected parcel, one or more of the following conditions exist:
1. Comprise less than five thousand square feet in area at the time of the determination of
merger,
2. Was not created in compliance with applicable laws and ordinances in effect at the time of its
creation,
3. Does not meet current standards for sewage disposal and domestic water supply,
4. Does not meet slope stability standards of the City,
5. Has no legal access which is adequate for vehicular and safety equipment access and
maneuverability,
6. Its development would create health and safety hazards,
7. Is inconsistent with the applicable general plan and any specific plan other than minimum lot
size or density standards.
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(Ord. 1384, Exhibit A (part), 1986)
18.40.020 Recordation of Notice–Effective Date of Merger.
A merger of parcels becomes effective when the Director of Community Development causes to
be filed for record with the County Recorder, a notice of merger specifying the names of the
record owners and particularly describing the real property to be merged.
(Ord. 1384, Exhibit A (part), 1986)
18.40.030 Notice of Intent to Determine Status and Request for Hearing.
Prior to recording a notice of merger, the Director of Community Development shall cause to be
mailed by certified mail to the then current record owners of the property a notice of intention to
determine status, notifying the owner that the affected parcels may be merged pursuant to
standards specified in Section 18.40.010, Merger Required, of this chapter, and advising the
owner of the opportunity to request a hearing on determination of status and to present evidence
at the hearing that the property does not meet the criteria for merger. The notice of intention to
determine status shall be filed for record with the County Recorder on the date that notice is
mailed to the property owner. At any time within thirty days after recording of the notice of
intention to determine status, the owner of the affected property may file with the Director of
Community Development a request for a hearing on determination of status. If, within the thirty-
day period, the owner does not file a request for hearing as described, the Director of Community
Development may, at any time thereafter, make a determination that the affected parcels are to
be merged or are not to be merged. A determination of merger shall be recorded as provided in
Section 18.40.020, Recordation of Notice–Effective Date of Merger, of this chapter no later than
ninety days following the mailing of the notice of intention to determine status.
(Ord. 1384, Exhibit A (part), 1986)
18.40.040 Hearing; Procedure.
A. Upon receiving a request for a hearing on determination of status, the Director of Community
Development shall fix a time, date and place for a hearing to be conducted by the Director of
Community Development, and shall so notify the property owner by certified mail. The hearing
shall be conducted not less than thirty days nor more than sixty days following the City’s receipt
of the property owner’s request therefor, but may be postponed or continued with the mutual
consent of the Director of Community Development and the property owner.
B. At the hearing, the property owner shall be given the opportunity to present any evidence that
the affected property does not meet the standards specified in Section 18.40.010, Merger
Required, of this chapter.
C. At the conclusion of the hearing, the Director of Community Development shall make a
determination that the affected parcels are to be merged, or are not to be merged, and shall so
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notify the owner of his or her determination. A determination of merger shall be recorded within
thirty days after conclusion of the hearing, as provided for in Section 18.40.020, Recordation of
Notice–Effective Date of Merger, of this chapter. If the Director of Community Development
determines that the subject property shall not be merged, he or she shall cause to be recorded in
the manner specified in Section 18.40.020, Recordation of Notice–Effective Date of Merger, a
release of the notice of intention to determine status previously recorded and shall mail a
clearance letter to the then-current owner of record.
(Ord. 1384, Exhibit A (part), 1986)
18.40.050 Hearing De Novo; City Council.
Any property owner of an affected property may, within ten days after notification of the
Director of Community Development of his or her determination of merger as provided in
Section 18.40.040, Hearing; Procedure, file a written request with the City Clerk for de novo
hearing before the City Council. The hearing shall be held within thirty days from the filing of
the request but may be postponed or continued with the mutual consent of the City Council and
the property owner. The hearing will be conducted in the same manner as the hearing held before
the Director of Community Development; provided, however, that the City Council may make a
determination of nonmerger regardless of whether or not the affected property meets the
standards for merger specified in Section 18.40.010, Merger Requied, of this chapter as long as
such determination of nonmerger is consistent with the City’s general plan and any applicable
specific plan.
(Ord. 1384, Exhibit A (part), 1986)
18.40.060 Effect of Previously Merged Parcels.
The ordinance codified in this chapter does not affect the validity of parcels which have
previously been merged, and for which a notice of merger was recorded on or before January 1,
1984.
(Ord. 1384, Exhibit A (part), 1986)
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CHAPTER 18.44: CORRECTION AND AMENDMENTS OF MAPS
Section
18.44.010 Requirements.
18.44.020 Form and Contents.
18.44.030 Submittal and Approval by the City Engineer.
18.44.040 Filing with the County Recorder.
18.44.050 Fee.
18.44.010 Requirements.
After a final or parcel map is filed in the office of the County Recorder, it may be amended by a
certificate of correction or an amending map:
A. To correct an error in any course or distance shown thereon;
B. To show any course or distance that was omitted therefrom;
C. To correct an error in the description of the real property shown on the map;
D. To indicate monuments set after the death, disability or retirement from practice of the
engineer or surveyor charged with responsibilities for setting monuments;
E. To show the proper location of any monument which has been changed in location or
character, or originally was shown at the wrong location or incorrectly as to its character;
F. To correct any other type of map error or omission as approved by the City Engineer, if the
correction does not impose any additional burden on the present fee owners of the real property
and does not alter any right, title, or interest in the real property reflected on the recorded map
which does not affect any property right;
G. Errors and omissions may include, but not be limited to, lotnumbers, acreage, street names
and identification of adjacent record maps. Error does not include changes in courses or
distances from which an error is not ascertainable from the data shown on the final or parcel
map;
H. To make modifications when there are changes which make any or all of the conditions of the
map no longer appropriate or necessary and that the modifications do not impose any additional
burden on the present fee owner of the property, and if the modifications do not alter any right,
title or interest in the real property reflected on the recorded map. The modification shall be set
for public hearing before the City Engineer or approval authority according to Section 18.20.050,
Denial Upon Certain Findings, of this title.
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The City Engineer or approval authority shall confine the hearing to consideration of, and action
on, the proposed modification.
(Ord. 1384, Exhibit A (part), 1986)
18.44.020 Form and Contents.
The amending map or certificate of correction shall be prepared by a registered civil engineer or
licensed land surveyor. The form and contents of the amending map shall conform to the
requirements of Article II of Chapter 18.16, Subdivision Maps (Five or More Parcels), if a final
map, or Article II of Chapter 18.20, Parcel Maps (Four or Less Parcels), if a parcel map. The
certificate of correction shall set forth in detail the corrections made and show the names of the
present fee owners of the property affected by the correction.
(Ord. 1384, Exhibit A (part), 1986)
18.44.030 Submittal and Approval by the City Engineer.
A. The amending map or certificate of correction, complete as to final form shall be submitted to
the City Engineer for his or her review and approval.
B. The City Engineer shall examine the amending map or certificate of correction and if the only
changes made are those set forth in Section 18.44.010, Requirements, he or she shall certify to
this fact on the amending map or certificate of correction.
(Ord. 1384, Exhibit A (part), 1986)
18.44.040 Filing with the County Recorder.
The amending map or certificate of correction certified by the City Engineer shall be filed in the
office of the County Recorder in which the original map was filed. Upon filing, the County
Recorder shall index the names of the fee owners and the appropriate tract designation shown on
the amending map or certificate of correction in the general index and map index respectively.
Thereupon, the original map shall be deemed to have been conclusively corrected and thereafter
shall impart constructive notice of all corrections in the same manner as though set forth upon
the original map.
(Ord. 1384, Exhibit A (part), 1986)
18.44.050 Fee.
The fee for checking, processing and recording the amended map or certificate of correction
shall be in accordance with the City’s resolution establishing fees and charges. A deposit to be
applied toward this fee may be required by the City Engineer upon submittal of the amended
map or certificate of correction for his or her review.
(Ord. 1384, Exhibit A (part), 1986)
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CHAPTER 18.48: ENFORCEMENT OF ARTICLE PROVISIONS
Section
18.48.010 Prohibition.
18.48.020 Remedies.
18.48.030 Certificate of Compliance.
18.48.040 Certificate of Noncompliance.
18.48.010 Prohibition.
A. No person shall offer to sell or lease, to contract to sell or lease, to sell or lease or to finance
any parcel or parcels of real property or to commence construction of any building for sale, lease
or financing thereon, except for model homes, or to allow occupancy, for which a final map or
parcel map is required by this title, or the Map Act, until such map thereof, in full compliance
with the provisions of this title, or the Map Act, has been filed with the County Recorder for
record.
B. No person shall sell, lease or finance any parcel or parcels of real property or commence
construction of any building for sale, lease or financing thereon, except for model homes, or
allow occupancy, for which a parcel map is required by this title or the Map Act, until such map
thereof, in full compliance with the provisions of this title and the State Subdivision Map Act,
has been filed with the County Recorder for record.
C. Conveyances of any part of a division of real property for which a final or parcel map is
required by this title shall not be made by parcel or block number, initial or other designation,
unless and until such map has been filed with the County Recorder for record.
D. This section does not apply to any parcel or parcels of a subdivision offered for sale or lease,
contracted for sale or lease, or sold or leased in compliance with or exempt from any law
(including a local ordinance), regulating the design and improvement of subdivisions in effect at
the time the subdivision was established.
(Ord. 1384, Exhibit A (part), 1986)
18.48.020 Remedies.
A. Any deed of conveyance, sale or contract to sell real property which has been divided, or
which has resulted from a division, in violation of the provisions of this title or the Map Act, is
voidable at the sole option of the grantee, buyer or person contracting to purchase, his or her
heirs, personal representative or trustee in insolvency or bankruptcy within one year after the
date of discovery of the violation, but the deed of conveyance, sale or contract to sell is binding
upon any successor in interest of the grantee, buyer or person contracting to purchase, other than
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those above enumerated, and upon the grantor, vendor or person contracting to sell, or his or her
assignee, heir or devisee.
B. Any grantee, or his or her successor in interest, of real property which has been divided, or
which has resulted from a division, in violation of the provisions of this title or the Map Act may,
within one year of the date of discovery of such violation, bring an action in the superior court to
recover any damages he or she has suffered by reason of such division of property. The action
may be brought against the person who divided the property in violation and against any
successors in interest who have actual or constructive knowledge of such division of property.
C. The provisions of this section shall not apply to the conveyance of any parcel of real property
identified in a certificate of compliance filed pursuant to Section 66499.35 of the Government
Code or identified in a recorded final map or parcel map, from and after the date of recording.
The provisions of this section shall not limit or affect in any way the rights of a grantee or his or
her successor in interest under any other provision of law.
D. This section does not bar any legal, equitable or summary remedy to which the City or other
public agency, or any person, firm or corporation may otherwise be entitled, and the City or
other public agency, or person, firm or corporation may file a suit in the superior court of Santa
Clara County to restrain or enjoin any attempted or proposed subdivision for sale, lease or
financing in violation of this title.
E. The City shall not issue a permit or grant any approval necessary to develop any real property
which has been divided, or which has resulted from a division, in violation of the provisions of
this title or the Map Act if it finds that development of such real property is contrary to the public
health or the public safety. The authority to deny a permit or approval shall apply whether the
applicant was the owner of the real property at the time of violation or whether the applicant is
the current owner of the real property with, or without, actual or constructive knowledge of the
violation at the time of the acquisition of his or her interest in such real property.
F. The City, in issuing a permit or granting approval for the development of any real property,
may impose those additional conditions as would have been applicable to the division of the
property at the time the current owner of record acquired the property, and which has been
established at such time by this title or local ordinance enacted pursuant thereto, except that if a
conditional certificate of compliance has been filed for record under the provisions of this
chapter, only conditions stipulated shall be applicable.
(Ord. 1384, Exhibit A (part), 1986)
18.48.030 Certificate of Compliance.
A. Any person owning real property within the City may request the City Engineer to determine
whether such real property complies with the provisions of this title and the Map Act.
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B. Upon making such determination, the City Engineer shall cause a certificate of compliance to
be filed for record with the County Recorder. The certificate of compliance shall identify the real
property and shall state that the division of land complies with applicable provisions of the City
of Cupertino Municipal Code and the Map Act.
C. If the City Engineer determines that such real property does not comply with the provisions of
the Municipal Code or Map Act, he or she may, as a condition to granting a certificate of
compliance, impose such conditions as would have been applicable to the division of the
property at the time the current owner of record acquired the property, and which had been
established at such time by ordinance. Upon making a determination and establishing conditions,
the City Engineer or authorized representative shall cause a conditional certificate of compliance
to be filed for record with the County Recorder. The certificate shall serve as notice to the
property owner who has applied for the certificate pursuant to this section, a grantee of the
property owner, or any subsequent transferee or assignee of the property that the fulfillment and
implementation of such conditions shall be required prior to subsequent issuance of a permit or
other grant of approval for development of the property. Compliance with conditions shall not be
required until such time as a permit or other grant of approval for development of such property
is issued.
D. A recorded final map or parcel map shall constitute a certificate of compliance with respect to
the parcels of real property described therein.
E. For the purposes of administration of this section, any parcel that is shown on the County
Assessor's maps prior to 1960 shall be considered as a conforming parcel.
F. A fee to be charged at actual cost shall be charged to the applicant for making the
determination and processing the certificate of compliance. A deposit may be required to be
applied toward this fee.
(Ord. 1384, Exhibit A (part), 1986)
18.48.040 Certificate of Noncompliance.
Whenever the City Engineer or an authorized representative has knowledge that real property has
been divided in violation of the provisions of this title or the Map Act, they shall cause to be filed
for record with the County Recorder a tentative notice of violation (Certificate of
Noncompliance) describing the real property in detail, naming the owners thereof, and describing
the violation and stating that an opportunity will be given to the owner to present evidence. At
least thirty days prior to the recording of a final notice, the owner of the real property shall be
advised in writing of the intention to record a final notice and specifying a time, date and place at
which the owner may present evidence as to why such notice should not be recorded. If, after the
owner has presented evidence, it is determined that there has been no violation, a release of the
tentative notice shall be filed with the County Recorder. The tentative or final notice of
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noncompliance, when recorded, shall be deemed to be constructive notice of the violation to all
successors in interest in such property.
(Ord. 1384, Exhibit A (part), 1986)
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CHAPTER 18.52: HILLSIDE SUBDIVISIONS
Section
18.52.010 Requirements.
18.52.020 Purpose.
18.52.030 Lot Design Standards.
18.52.040 Street Design Standards.
18.52.050 Lot Sizes More or less 2.5 Acres–Street Design.
18.52.060 Street and Utility Improvements.
18.52.070 Private Driveways for Two or More Parcels.
18.52.080 Scope of Regulations.
18.52.010 Requirements.
The hillside subdivision requirement prescribed by this chapter shall apply to subdivision of
land, as defined in this title of geographical areas where the natural average slope of the land
exceeds ten percent.
(Ord. 1575, (part), 1991)
18.52.020 Purpose.
A. The hillside subdivision regulations are intended to guide parceling of hillside land in a
manner which results in harmony between human development activities and the natural
environment. To meet that end, the ordinance relies heavily upon the land use policies contained
within the City’s General Plan. A portion of the hillside subdivision regulations are discretionary
in nature due to the wide variation in the natural setting of the hillside areas within the
community. The hillside development philosophy of the General Plan will therefore aid the
Planning Commission and City Council in their review of hillside subdivision proposals.
B. The hillside subdivision regulations pertain to the parceling of land. The Grading Ordinance,
Tree Removal Ordinance, Residential Hillside Zoning Ordinance and other general and specific
community ordinances also play a role in the regulation of hillside development.
(Ord. 1575, (part), 1991)
18.52.030 Lot Design Standards.
A. General. The standards listed below shall be utilized to evaluate the lot configuration of
hillside subdivision applications. The standards augment lot design requirements contained in
applicable land use zoning districts.
B. Lot Configuration.
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1. The area of each lot shall be of sufficient size to include the house together with required
setbacks and yards, adequate space or access drives and off-street parking, septic tank systems, if
permitted, and necessary cut and/or bells.
2. Each lot shall be reviewed for appropriate building pad locations. Appropriate building pad
locations shall take into account the ridgeline visibility standards, views from open space, slope
of the lot, location to riparian corridors, protection of natural vegetation, and wildlife migration.
These issues shall be studied to determine the best building location and mitigate any negative
environmental impacts and meet the building and setback requirements as established in Chapter
19.40, Residential Hillside Zones, of this code.
3. The manmade environment (roads, houses, fences) is shaped to a large degree by property
lines. Therefore, property lines shall reflect natural land forms to the greatest extent possible. For
example, lot lines should follow the natural contour of a hillside, not straight lines drawn for
engineering design and surveying convenience.
C. Clustering Development and Subdivisions.
1. Major Subdivisions in the Five to Twenty Acre Slope Density Designation.
a. Development lots and major subdivisions in the five to twenty acre slope density designation
shall be clustered, reserving ninety percent of the land in private open space to protect the unique
characteristics of the hillsides from adverse environmental impacts. The project shall keep the
number of lot clusters minimized, and the open space area contiguous, to the greatest extent
possible. The ninety percent private open space can be contained in individual lots regulated by
an open space easement or as land held in common as dedicated open space. The project shall
keep the open space area contiguous as much as possible. A lot having common ownership,
containing the designated open space, will not be counted in the total dwelling unit yield.
b. Significant natural features shall be identified on the tentative map: riparian and native
vegetation including trees, shrubs and ground cover; all topography and areas of slope over thirty
percent watercourses; faults; landslides; views of prominent ridgelines; and views from adjacent
properties.
c. As a condition of the subdivision, all development except that which is allowed in Chapter
19.88, Open Space Ordinance, of this code, shall be completely contained in the ten percent
development area, which should be designed to avoid adversely impacting the natural features.
The lot sizes will be determined in the review process. The use of the ninety percent open space
area shall be limited to their uses allowed in Chapter 19.88, Open Space Ordinance, of this code.
2. Minor Subdivisions in the Five to Twenty Acre Slope Density Designation.
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a. Development of lots and minor subdivisions in the five to twenty acre slope density
designation are encouraged to be clustered, reserving ninety percent of the land in private open
space to protect the unique characteristics of the hillsides from adverse environmental impacts.
The project shall keep the open space area contiguous, and the number of lot clusters minimized,
to the greatest extent possible.
The ninety percent private open space can be contained in individual lots regulated by an open
space easement or as land held in common as dedicated open space. A lot having common
ownership, containing the designated open space, will not be counted in the total dwelling unit
yield.
b. Significant natural features shall be identified on the tentative map: riparian and native
vegetation including trees, shrubs and ground cover; all topography and areas of slope over thirty
percent; watercourses; faults; landslides; views of prominent ridgelines; and views from adjacent
properties.
c. As a condition of the subdivision, all development, except that which is allowed in Chapter
19.88, Open Space Ordinance, of this code, shall be completely contained in the ten percent
development area, which should be designed to avoid adversely impacting the natural features.
The lot sizes will be determined in the review process. The use of the ninety percent private open
space area shall be limited to their uses allowed in Chapter 19.88, Open Space Ordinance of this
code.
D. Grading.
1. Preliminary or tentative grading plans will be required as specified in Chapter 16.08,
Excavations, Grading and Retaining Walls, or as part of the conditional approval of the map. The
extent of grading and size of building pads shall meet the requirements as specified in Chapter
19.40, Residential Hillside Zones.
2. A final lot grading plan and quantity estimate may be required as part of the conditional
approval and as a part of the tract improvement plans with guarantee by separate performance
bond of one hundred percent of cost of such lot grading and construction of driveway approaches
for the entire tract.
3. Retaining walls may be employed to resolve ground stability problems or minimize grading.
E. Off-Street Parking. Where lots have frontage on a public roadway or driveway having a
pavement section of less than thirty feet or on a roadway or driveway which does not permit
parking at the curb, each lot shall provide adequate turnaround space and four independently
functional off-street parking spaces. The four parking spaces shall be in addition to the required
two garage or carport spaces.
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F. Frontage.
1. All lots shall front on a public street or private driveway as provided in Section 18.32.120,
Access.
2. Where the principal frontage of a lot is by means of a corridor, such corridor shall be at least
twenty feet wide. A lesser width for a corridor may be approved when a twenty-foot width would
not be practical because of existing permanent structures or topography.
However, in all cases, the corridor width must be sufficient to accommodate a safe driveway of
not less than twelve feet of improved width, and if the length of the corridor is over one hundred
fifty feet, the usable width must be a least eighteen feet. Where two such corridors are combined,
the total access width need not exceed thirty feet if each lot has right of access over the corridor
of the adjoining lot and the total paved width is not less than eighteen feet.
G. Watercourse Protection.
1. Any watercourse identified in Figure 6-Gof the Cupertino General Plan and its existing or
potential riparian vegetation must be shown on all development plans.
2. Lots in major subdivisions must be clustered so that the water course and existing or potential
riparian vegetation are retained in the required ninety percent open space designation. Building
site shall be set back from said watercourse or existing or potential riparian vegetation a
minimum of fifty feet on lots which are less than one acre in size and one hundred feet on lots
which are greater than one acre.
The setback shall be measured from the top of the bank or from existing riparian vegetation,
whichever is greater. The setback from riparian vegetation will be measured from the drip-line
perimeter. The precise area will be established through presentation of evidence of the existing
or potential riparian vegetation and wildlife habitat and by considering their relationship to all
design factors.
3. Lots in minor subdivision are encouraged to be clustered so that development does not
encroach on the watercourse. Building sites shall be setback from said watercourse or existing or
potential riparian vegetation a minimum of fifty feet on lots which are less than one acre in size
and one hundred feet on lots which are greater than one acre. The setback shall be measured
from the top of bank or from existing riparian vegetation whichever is greater. Setback from
riparian vegetation shall be measured from the drip-line perimeter. The precise area will be
established through presentation of evidence of the existing or potential riparian vegetation and
wildlife habitat and by considering their relationship to all site design factors.
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H. Trail Linkages. In subdivisions, if a trail linkage, as shown in the General Plan Trail Plan, is
identified on the property being developed, a trail easement shall be granted in favor of the City
prior to approval of the final map.
(Ord. 1635, (part), 1993; Ord. 1575, (part), 1991)
18.52.040 Street Design Standards.
A. The design of roadways in the hillsides is based upon the General Plan Policy of maintaining
the natural environment setting of the hillside. In response to the General Plan Policy, public
rights of way shall be aligned in a manner to avoid trees and riparian environments.
In cases where it is necessary to place rights of way on or near ridge tops, grading for the
roadways shall be minimized to reduce visual scarring. The specific, technical road alignment
and section standards described in this section are based upon the following constraints:
1. Volume of traffic;
2. Topography;
3. Public safety, particularly of fire protection;
4. Lot size and on-street parking needs;
5. Drainage requirements.
B. The specific technical standards may be modified when it can be determined by the City
Engineer, as approved by the City Council, that the strict adherence to a specific standard would
result in environmental hardship. The City Council shall make specific findings of fact relative to
environmental degradation or economic hardship in the event a standard is waived.
(Ord. 1575, (part), 1991)
18.52.050 Lot Sizes More or less 2.5 Acres–Street Design.
The General Plan provides for more flexible improvement standards for hillside developments
which have an average lot size of 2.5 acres or greater. Developments that result in less than 2.5
acres per dwelling are labeled “urban fringe development.” Conversely, developments that result
in 2.5 acres or greater per dwelling unit shall be labeled “semirural developments.” The average
lot size per acre computation shall be based upon the development acreage directly used for
residential purposes. Land dedicated for public or private open space use in cluster or
conventional developments should not be counted in the 2.5 acre average lot size standard.
A. Urban Fringe Developments.
1. Generally, the street design standards for hillside developments on the valley floor fringe are
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comparable to the subdivision improvements within the typical urbanized portion of the
community. However, because of varied topography, the right-of-way width and the
improvement standards for roadway may vary to minimize degradation of the environment.
Rights-of-way shall be of sufficient width to provide space for the road bed utilities and bicycle
lanes and equestrian trails as designated by the General Plan.
The City shall maintain slope easements for all fill slopes. The right-of-way for a slope easement
shall include an area ten feet below the toe of fill.
2. The minimum right-of-way width and street sections for various functional categories of roads
are as follows:
a. Hillside collector right-of-way width shall be fifty feet with the pavement section to contain
thirty feet with three feet of shoulders on each side.
b. Major roadways are roads that primarily serve development fronting on the road and serving
greater than ten dwelling units. The right-of-way shall be forty feet and the pavement width shall
be twenty-four feet with three feet of level shoulder space on each side.
c. Minor roadways and cul-de-sacs serving less than ten dwelling units shall be thirty feet with a
twenty-foot pavement section with three feet of shoulder on each side.
d. Private drives may be employed where five or fewer residential lots are to be served. The
minimum width for a private driveway serving five or fewer dwellings is eighteen feet with three
feet of shoulder on either side, with the exception that a private driveway serving one dwelling
may be twelve feet.
B. Semirural Development.
1. The street design standards for semirural development are designed to result in minimal
disruption to the natural environment. The City Engineer shall have maximum flexibility to
waive conventional street standards, as approved in each case by the City Council.
2. The minimum right-of-way width and street sections for various functional categories of roads
are as follows:
a. Major roadways serving greater than ten dwelling units shall have a minimum traveled-way
width of twenty-four feet. However, this may be reduced to avoid natural features such as
topography, vegetation, etc.
b. Minor roadways and cul-de-sacs serving ten or fewer dwelling units shall have a minimum
twenty feet in traveled-way width with lessening of that width permitted in consideration of
natural features of the area.
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c. Private roads serving five or fewer dwelling units shall have a minimum of eighteen feet in
traveled-way width. Surface shall consist of a minimum of oil and screening and the slope shall
not exceed fifteen percent. Grades exceeding fifteen percent and not greater than twenty percent
for a maximum of three hundred feet shall have a minimum of asphalt or concrete surface.
d. Driveways serving individual dwelling units shall have a minimum of traveled-way width of
twelve feet with passing turnouts as required.
Surface shall consist of a minimum of oil and screening and the slope shall not exceed fifteen
percent. Grades exceeding fifteen percent and not greater than twenty percent for a maximum of
three hundred feet shall have a minimum of asphalt or concrete surface.
C. Dead-end Streets. The number of dwelling units served by a cul-de-sac for an urban fringe or
semirural development shall normally not exceed ten. The length shall not exceed eight hundred
feet except where topographic conditions require use of longer cul-de-sacs.
In cases where the length of cul-de-sacs is greater than eight hundred feet, fire hydrants shall be
placed every six hundred feet with a standard pullout located adjacent to each hydrant. A
secondary means of access may be required where a dead-end street is longer than one thousand
feet.
(Ord. 1575, (part), 1991)
18.52.060 Street and Utility Improvements.
A. Urban fringe developments.
1. Street Grades. All streets and highways shall be graded and surfaced to widths and grades in
accordance with City standard specifications and approved by the City Engineer. The subdivider
shall improve the extension of all subdivision streets, highways or public ways to the
intercepting paving line of any County road, City street or State highway.
2. Structures, Drainage, Access/Public Safety. Structures for drainage, access and/or public
safety shall be installed as deemed necessary by the City Engineer. Such structures shall be
designed and placed to locations and grades approved by the City Engineer.
3. Curbs and Gutters. Vertical curbs and gutters shall be installed to locations and grades
approved by the City Engineer.
4. Sidewalks. Sidewalks shall be installed to locations and grades approved by the City Engineer.
5. Sewers, Storm Drains. Sanitary sewer facilities shall be installed to serve each lot. No septic
tanks or cesspools will be permitted.
Storm sewers shall be installed as approved by the cognizant fire department authority.
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6. Water and Gas. Water mains and gas mains shall be installed as required by the City Engineer.
Fire hydrants shall be installed as approved by the City Engineer.
7. Street Lighting. Street lights shall be installed by the subdivider and shall be approved by the
City Engineer.
8. Electric and Telephone. Electric and telephone lines shall be installed underground as required
by the City Engineer.
9. A registered landscape architect shall review grading plans and in consort with the project and
City Engineer, shall submit a plan to prevent soil erosion and visually screen extensive cut and
fill areas. The intent of the visual screen is to soften grading scars. A one hundred percent effect
is not required.
B. Semirural developments.
1. Street Grades. All streets and highways shall be graded and surface to widths and grades in
accordance with City standard specifications and approved by the City Engineer. The subdivider
shall improve the extension of all subdivision streets, highways or public ways to the
intercepting paving line of any County road, City street or State highway.
2. Structures, Drainage, Access/Public Safety. Structures for drainage, access and/or public
safety shall be installed as deemed necessary by the City Engineer. Such structures shall be
designed and placed to locations and grades approved by the City Engineer.
3. Curb and Gutter. Curb and gutter will not be required. Drainage swales shall be provided
adjacent to roadways to contain runoff.
4. Sidewalks. Formal sidewalks will not be required. However, pedestrian and equestrian trails
may be required where terrain permits.
5. Gas. Public facility will not be required in lieu of other private methods such as propane, oil,
electric and new innovative system.
6. Electric. Overhead lines will be allowed with natural setting utilized as screening technique.
Undergrounding will be required for the individual service drop to the structure.
7. Telephone. Lines will follow the same required as for electrical.
8. Street Lighting. Will not be required. Safety lighting may be necessary if safety hazards can be
shown.
9. Water. Approved and accepted water system by the City. Private individual wells will not be
accepted.
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10. Sewer. Individual sanitary system approved by the County Health Department will be
permitted or connection to a public sanitary sewer system.
11. Storm system. Adequate storm facilities shall be provided to control erosion, dissipate high
velocity due to slopes and to properly channel water to master drainage facilities.
12. A registered landscape architect shall review grading plans and in consort with the project
and City Engineer, shall submit a plan to prevent soil erosion and visually screen cut and fill
areas. The intent of the visual screen is to soften grading scars. A one hundred percent screening
effect is not required.
(Ord. 1575, (part), 1991)
18.52.070 Private Driveways for Two or More Parcels.
A. An appropriate deed restriction and covenant running with the land subject to the review and
approval of the City Attorney shall be recorded for all parcels which share a common private
drive or private roadway with one or more parcels. The deed restriction shall provide for the
necessary reciprocal ingress/egress easements to and from the affected parcels. The easements
shall be recorded at such time as interest in one or more of the affected parcels is initially sold or
transferred to another party.
B. A reciprocal maintenance agreement to be reviewed and approved by the City Attorney, shall
be required for all parcels which share a common private drive or private roadway with one or
more other parcels within the tract. The agreement shall be recorded in conjunction with
recordation of the final map.
(Ord. 1575, (part), 1991)
18.52.080 Scope of Regulations.
In the event that a land qualifies as a hillside subdivision as defined in this chapter, the
requirements of this chapter shall apply to the provisions of this title. In the absence of
regulations not established by this chapter, the provisions of the remainder of this title shall
apply.
(Ord. 1575, (part), 1991)
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CHAPTER 18.56: STREET FACILITY REIMBURSEMENT CHARGES
Section
18.56.010 Purpose.
18.56.020 Street Facility Costs Subject to Reimbursement.
18.56.030 Reimbursement Agreement.
18.56.040 Imposition of Street Facility Reimbursement Charges, Cost of Land and Interest upon
Benefitted Properties.
18.56.050 Disposition of Street Facility Reimbursement Charge Revenues.
18.56.060 Acquisition of Necessary Land, Costs, Interest.
18.56.070 Other Street Facility Charges.
18.56.080 Rules and Regulations.
18.56.010 Purpose.
This chapter is enacted in order to establish a procedure for reimbursing developers of property
located within the City a portion of the costs of installing street facilities which adjoin other
properties within the City, reduce the cost of any additional development occurring on the
adjoining properties by eliminating the need for the installation of the street facilities at the time
such development occurs, and thereby directly benefit the adjoining properties.
(Ord. 1653, § 2 (part), 1994)
18.56.020 Street Facility Costs Subject to Reimbursement.
A. The street facility costs which shall be subject to reimbursement in the manner provided by
this chapter include all direct costs usually incurred by an initial developer who is required to
install street facilities that also benefit a benefitted property, subsequent to the effective date of
the ordinance codified in this chapter, incident to or as a condition of the approval of a
subdivision map, parcel map or conditional certificate of compliance.
B. These reimbursable costs include, but are not limited to, costs incurred in designing street
facilities, the cost of plan check fees and other fees incurred in securing City and other
governmental approvals of the plans and specifications for the street facilities, the cost of the
land upon which the street facilities are installed, and the cost of all labor, materials, equipment
and contractors employed in installing the street facilities, except for:
1. The cost of installing temporary street facilities;
2. The cost of maintenance work performed on existing street facilities; and
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3. Any portion of the cost of installing street facilities in excess of the usual cost of installing
local street facilities as determined by the City Engineer in the manner provided in this chapter.
(Ord. 1653, § 2 (part), 1994)
18.56.030 Reimbursement Agreement.
A. As a condition of approval of a subdivision map, parcel map or conditional certificate of
compliance, the initial developer shall enter into a reimbursement agreement with the City in
order to receive reimbursement for the portion of street facility costs, including interest where
applicable, in excess of the installation costs incurred for the initial developer’s property or for
the cost of the land upon which the street facilities were installed, including interest where
applicable. Any reimbursement to the initial developer shall be paid out of the revenues received
by the City from the street facility reimbursement charges assessed in the manner provided by
this chapter.
B. The reimbursement agreement shall be signed by the Mayor, approved as to form by the City
Attorney and shall set forth the following information:
1. The name, capacity and address of the initial developer;
2. A description of the street facility costs subject to reimbursement;
3. An itemized statement, prepared by, and attested to by a licensed engineer, of the reimbursable
costs to be incurred by the initial developer in installing the street facilities;
4. A legal description and assessor’s parcel number for each benefitted property, excepting the
initial developer’s property;
5. An engineered plat depicting the street facilities and each benefitted property;
6. The total street facility costs subject to reimbursement for each particular benefitted property;
7. The City’s obligation to reimburse the initial developer an amount from the street facility
charge assessed upon benefitted properties and received by the City, if any, at the time and in the
manner provided by this chapter;
8. Methods of acquisition of land necessary for the installation of the street facilities, imposition
of costs, recovery of interest; and
9. Such additional information and documents as may reasonably be required by the City
Engineer.
(Ord. 1653, § 2 (part), 1994)
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18.56.040 Imposition of Street Facility Reimbursement Charges, Cost of Land and Interest
upon Benefitted Properties.
A. Where street facilities have been installed by the City or the initial developer without cost to
the benefitted property owner, the benefitted property owner, as a condition precedent to
obtaining a final map, a final parcel map or a conditional certificate of compliance, shall pay the
City for the cost of the land at the cost to the City or to the initial developer, and shall pay a
street facility reimbursement charge for the facilities which the City or the initial developer
installed on the streets abutting or on the benefitted property in an amount equal to such
benefitted property owner’s share of the total cost of the street facilities as set forth in the
reimbursement agreement.
Payment for both land and facilities shall include simple interest in the amount of seven percent
per year, to be calculated in the following manner:
1. Land Cost. Interest to accrue from the date the street facilities are accepted by the City to the
date the street facility reimbursement charge is paid, or if the land is purchased by the City for a
City project, from the date of purchase to the date the charge is paid.
2. Street Facility Cost. Interest to accrue from the date the street facilities are accepted by the
City to the date the street facility reimbursement charge is paid, or if installed by the City, from
the date installation commenced to the date the charge is paid.
B. Provided, however, that the interest shall be waived if the benefitted property owner dedicates
or has dedicated to the City land necessary for the street facilities, or where no such dedication is
necessary.
(Ord. 1653, § 2 (part), 1994)
18.56.050 Disposition of Street Facility Reimbursement Charge Revenues.
The revenues received by the City from street facility charges assessed pursuant to this chapter
shall be used solely for reimbursements to initial developers in the manner provided by this
chapter and the reimbursement agreement. Provided, however, that in the event the City is
unable to locate the initial developer after five years of due diligent searching commencing from
the date the street facility reimbursement charges are paid, or upon the discovery of facts
establishing that a due diligent search would be futile, the revenues collected hereunder shall be
paid to the treasurer of the City for deposit in the general fund.
(Ord. 1653, § 2 (part), 1994)
18.56.060 Acquisition of Necessary Land, Costs, Interest.
A. Where the initial developer at its own cost acquires land for the installation of the mandated
street facilities, reimbursement to the initial developer by the City for that portion of the cost of
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those street facilities in excess of the street facilities required for the initial developer’s property
shall include interest in an amount equal to the interest received by the City from the owners of
benefitted properties as imposed by Section 18.56.050, Disposition of Street Facility
Reimbursement Charge Revenues.
B. If the initial developer cannot purchase or otherwise acquire land necessary for the installation
of the street facilities, the City shall, no later than one hundred twenty days from the filing by the
initial developer of a final subdivision map or final parcel map, or in the case of a certificate of
compliance, any time prior to issuance of a certificate of occupancy, acquire by negotiation or
commence proceedings pursuant to California Code of Civil Procedure Section 1230.010 et seq.
(including proceedings for immediate possession under Code of Civil Procedure Section
1255.410) the necessary land.
C. Where the City acquires land necessary for the installation of the street facilities in the manner
provided in subsection B of this section, the reimbursement agreement shall provide that the
initial developer shall reimburse the City for all costs, including litigation costs, incurred by the
City in the acquisition of such land.
The reimbursement agreement shall also provide that prior to commencement of any proceedings
to acquire the necessary land pursuant to the City’s eminent domain powers, the initial developer
shall deposit with the City an amount to be determined by the Director of Public Works, which
amount shall be based on a reasonable estimate of the costs of acquisition of said land. If the
deposit exceeds the actual cost of acquisition, the City shall refund the excess amount to the
initial developer. If the deposit is less than the actual cost of acquisition, upon written demand by
the City, the initial developer shall pay the additional sum to the City.
D. Where no dedication of land is necessary for the street facilities, or where the City is able to
acquire land necessary for the street facilities at no cost pursuant to negotiations with the owner
or owners of benefitted properties for which a street facility reimbursement charge is assessed
under Section 18.56.050, Disposition of Street Facility Reimbursement Charge Revenues, of this
chapter, and as part of those negotiations the City waives the requirement to pay interest on the
street facility reimbursement charge, the initial developer shall not be entitled to interest on the
reimbursement charges assessed those benefitted properties.
(Ord. 1653, § 2 (part), 1994)
18.56.070 Other Street Facility Charges.
The street facility reimbursement charges assessed pursuant to this chapter shall be in addition to
any street facility improvement charges assessed pursuant to Chapter 14.04, Street
Improvements, of this code, as well as any street facility or other public improvement charges
assessed pursuant to any other ordinance or resolution adopted by the City Council.
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(Ord. 1653, § 2 (part), 1994)
18.56.080 Rules and Regulations.
The City Engineer shall have the power to establish reasonable rules and regulations consistent
with the provisions of this chapter for the purpose of its administration and enforcement. Such
rules and regulations shall be effective upon approval thereof by the City Council.
(Ord. 1653, § 2 (part), 1994)
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TITLE 19 – ZONING
CHAPTER 19.04: GENERAL PROVISIONS
CHAPTER 19.08: DEFINITIONS
CHAPTER 19.12 – ADMINISTRATION
CHAPTER 19.16: DESIGNATIONS AND ESTABLISHMENT OF DISTRICTS
CHAPTER 19.20 - PERMITTED, CONDITIONAL AND EXCLUDED USES IN AGRICULTURAL
AND RESIDENTIAL ZONES
CHAPTER 19.24: AGRICULTURAL (A) AND AGRICULTURAL-RESIDENTIAL (A-1) ZONES
CHAPTER 19.28: SINGLE-FAMILY RESIDENTIAL (R1) ZONES
CHAPTER 19.32: RESIDENTIAL DUPLEX (R-2) ZONES
CHAPTER 19.36: MULTIPLE-FAMILY RESIDENTIAL (R-3) ZONES
CHAPTER 19.40: RESIDENTIAL HILLSIDE (RHS) ZONES*
CHAPTER 19.44: RESIDENTIAL SINGLE-FAMILY CLUSTER (RIC) ZONES
CHAPTER 19.48 - FENCES
CHAPTER 19.52: REASONABLE ACCOMMODATION
CHAPTER 19.56: DENSITY BONUS
CHAPTER 19.60: GENERAL COMMERCIAL (CG) ZONES*
CHAPTER 19.64 PERMITTED, CONDITIONAL AND EXCLUDED USES IN OFFICE AND
INDUSTRIAL ZONING DISTRICTS
CHAPTER 19.68: ADMINISTRATIVE AND PROFESSIONAL OFFICE (OA & OP) ZONES
CHAPTER 19.72: LIGHT INDUSTRIAL (ML) AND INDUSTRIAL PARK (MP) ZONES
CHAPTER 19.76: PUBLIC BUILDING (BA), QUASI PUBLIC BUILDING (BQ)
ANDTRANSPORTATION (T) ZONES
CHAPTER 19.80: PLANNED DEVELOPMENT (P) ZONES
CHAPTER 19.84: PERMITTED, CONDITIONAL AND EXCLUDED USES IN OPEN SPACE,
PARK AND RECREATION AND PRIVATE RECREATION ZONING
DISTRICTS
CHAPTER 19.88: OPEN SPACE (OS) ZONES
CHAPTER 19.92: PARK AND RECREATION (PR) ZONES
CHAPTER 19.96: PRIVATE RECREATION (FP) ZONE
CHAPTER 19.100: ACCESSORY BUILDINGS/STRUCTURES
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CHAPTER 19.104: SIGNS
CHAPTER 19.108: BEVERAGE CONTAINER REDEMPTION AND RECYCLING CENTERS
CHAPTER 19.112: SECOND DWELLING UNITS IN R-1, RHS, A AND A-1 ZONES
CHAPTER 19.116: CONVERSIONS OF APARTMENT PROJECTS TO COMMON INTEREST
DEVELOPMENTS
CHAPTER 19.120: HOME OCCUPATIONS
CHAPTER 19.124: PARKING REGULATIONS
CHAPTER 19.128: ADULT ORIENTED COMMERCIAL ACTIVITIES
CHAPTER 19.132: CONCURRENT SALE OF ALCOHOLIC BEVERAGES AND GASOLINE
CHAPTER 19.136: WIRELESS COMMUNICATIONS FACILITIES
CHAPTER 19.140: NONCONFORMING USES AND NONCONFORMING FACILITIES
CHAPTER 19.144: DEVELOPMENT AGREEMENTS
CHAPTER 19.148: REQUIRED ARTWORK IN PUBLIC AND PRIVATE DEVELOPMENTS
CHAPTER 19.152: AMENDMENTS TO THE ZONING MAPS AND ZONING REGULATIONS
CHAPTER 19.156: DEVELOPMENT PERMITS, CONDITIONAL USE PERMITS AND
VARIANCES
CHAPTER 19.160: TEMPORARY USES
CHAPTER 19.164: ADMINISTRATIVE APPROVAL OF MINOR CHANGES IN PROJECTS*
CHAPTER 19.168: ARCHITECTURAL AND SITE REVIEW*
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CHAPTER 19.04: GENERAL PROVISIONS
Section
19.04.010 Adoption of Zoning Map and Zoning Regulations.
19.04.020 Purposes.
19.04.030 Compliance with Regulations.
19.04.040 Conflict with Other Regulations.
19.04.050 Noncompliance and Public Nuisance.
19.04.060 Remedies Cumulative.
19.04.080 Amendments.
19.04.090 Combined Application for Land Use Entitlements.
19.04.010 Adoption of Zoning Map and Zoning Regulations.
A. This title establishes comprehensive zoning regulations for the City, which regulations shall
consist of the following:
1. A map, or set of maps, known as the “zoning map,” establishing and delineating various
classes of districts within the incorporated territory of the City;
2. Regulations, known as the “zoning regulations,” governing the use of land and the
placement of buildings and improvements within the various classes of districts.
B. The zoning map and zoning regulations shall govern the use of land, including the
construction, alteration, movement, replacement or maintenance of buildings; the height, bulk
and placement of buildings and uses on each site; the provision of open space, amenities, off-
street parking and loading; the relationships between buildings and uses on adjoining sites or
within adjoining classes of districts; and such further aspects of land use and development as are
appropriate to attain the purposes of this title.
(Ord. 1601, Exh. A (part), 1992)
19.04.020 Purposes.
The purposes of this title shall be to promote and protect the public health, safety, peace,
morals, comfort, convenience, and general welfare, including the following more particularly
specified purposes:
A. To further promote, and accomplish the objectives, policies, and programs of the Cupertino
General Plan;
B. To protect the character and the social and economic stability of agricultural, residential,
commercial, industrial and other areas within the City; to assure the orderly and beneficial
development of such areas; and more particularly, to lessen congestion and assure convenience
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of access; to secure safety from fire, flood and other dangers; to provide for adequate light, air,
sunlight and environmental amenities; to promote and encourage conservation of scarce
resources; to prevent overcrowding of land and undue concentration of population, to facilitate
the creation of a convenient, attractive and harmonious community; to attain a desirable balance
of residential and employment opportunities; to facilitate the adequate provision of
transportation, water, sewage, drainage facilities, schools, parks and other public developments;
to protect the food supply; to conserve property values; to promote efficient urban design and
arrangement; and to secure economy in governmental expenditures;
C. To mitigate the negative impacts to public safety resulting from the location of buildings, and
the uses of buildings and of land, adjacent to streets and highways while at the same time
facilitating existing or prospective traffic movements throughout the City.
(Ord. 1601, Exh. A (part), 1992)
19.04.030 Compliance with Regulations.
No land shall be used, and no facility, structure or building shall be erected, constructed,
enlarged, altered, moved or used in any district, as shown upon the zoning maps, except in
accord with the regulations established by this title.
(Ord. 1601, Exh. A (part), 1992)
19.04.040 Conflict with Other Regulations.
A. Where conflict occurs between the regulations established by this title and the provisions of
any other law, title, ordinance, code or other regulation effective within the City, including, but
not limited to Title 16, Building Regulations, and Title 18, Subdivisions, the more restrictive of
any such provision shall apply.
B. It is not intended that this title shall interfere with or abrogate or annul any easement,
covenant, or other agreement now in effect, provided, however, that where this title imposes a
greater restriction than imposed or required by any other law, title, ordinance, code, or other
regulation, or by any easement, covenant, or agreement, the provisions of this title shall apply.
(Ord. 1601, Exh. A (part), 1992)
19.04.050 Noncompliance and Public Nuisance.
Any building constructed, altered, moved, replaced, or otherwise maintained, or any use of
property in a manner contrary to the provision of this title, is unlawful and a public nuisance, and
the City Attorney shall commence such action or actions, proceeding or proceedings, as may be
deemed appropriate by the City Attorney for the abatement, removal, and enjoining thereof in the
manner provided by law, and shall take such other steps and shall apply to such court or courts as
may have jurisdiction to grant such relief as will abate and remove such building or use and
restrain and enjoin any person, firm, or corporation from constructing, altering, replacing, or
otherwise maintaining any building or using any property in a manner contrary to the provisions
of this title.
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(Ord. 1601, Exh. A (part), 1992)
19.04.060 Remedies Cumulative.
All remedies provided for in this title shall be cumulative and not exclusive.
(Ord. 1601, Exh. A (part), 1992)
19.04.070 Penalty for Violations.
Any person, firm, or corporation violating any provision of this title is guilty of a
misdemeanor punishable as prescribed by Chapter 1.12 of the City’s Ordinance Code.
(Ord. 1601, Exh. A (part), 1992)
19.04.080 Amendments.
All amendments to the provisions of this title shall be adopted in conformance with the
applicable procedure contained in the planning and zoning law of the State of California
(commencing at Section 65000 of the California Government Code.
(Ord. 1601, Exh. A (part), 1992)
19.04.090 Combined Application for Land Use Entitlements.
Notwithstanding any other provisions of this title to the contrary, applications for land use
entitlement may be combined in one application for purpose of review and approval. In the
event of such combination, the reviewing body having final approval over the combined
application shall be the highest body in the City which must approve any element to the
combined application.
(Ord. 1656, § 1, 1994)
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CHAPTER 19.08: DEFINITIONS
Section
19.08.010 Purpose and Applicability.
19.08.020 General Rules for Construction of Language.
19.08.030 Definitions.
19.08.010 Purpose and Applicability.
The purpose of this chapter is to promote consistency and precision in the interpretation of
zoning regulations. The meaning and construction of words and phrases defined in this chapter
shall apply throughout the zoning regulations, except where the context of such word or phrases
clearly indicates a different meaning or construction.
(Ord. 1601, Exh. A (part), 1992)
19.08.020 General Rules for Construction of Language.
The following general rules of construction shall apply to the text of the zoning regulations:
A. The particular shall control the general.
B. In case of any difference of meaning or implication between the text of any provision and
any caption or illustration, the text shall control.
C. The word “shall” is always mandatory and not discretionary. The word “may” is
discretionary.
D. References in the masculine and feminine genders are interchangeable.
E. Words used in the singular include the plural, and the plural includes the singular, unless the
context clearly indicates the contrary.
F. The words “activities” and “facilities” include any part thereof.
G. Unless the context clearly indicates to the contrary, the following conjunctions shall be
interpreted as follows:
1. “And” indicates that all connected items or provisions shall apply;
2. “Or” indicates that the connected items or provisions may apply singly or in any
combination;
3. “Either . . . or” indicates that the connected items or provisions shall apply singly but not
in combination.
H. The words “lot” and “parcel” are interchangeable.
I. The word “building” includes the word “structure.”
J. All public officials, bodies, and agencies to which reference is made are those of the City
unless otherwise indicated.
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K. “City” means the City of Cupertino.
(Ord. 1601, Exh. A (part), 1992)
19.08.030 Definitions.
Throughout this title the following words and phrases shall have the meanings ascribed in this
section.
A. “A” Definitions:
“Abandon” means to cease or discontinue a use or activity without intent to resume, but
excluding temporary or short-term interruptions to a use or activity during periods of
remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal
periods of vacation or seasonal closure.
“Abutting” means having property or district lines in common.
“Accessory building” means a building which is incidental to and customarily associated with
a specific principal use or facility and which meets the applicable conditions set forth in
Chapter 19.100, Accessory Buildings/Structures.
“Accessory structure” means a subordinate structure, the use of which is purely incidental to
that of the main building and which shall not contain living or sleeping quarters. Examples
include a deck, tennis courts, trellis or car shelter. Fences eight feet or less are excluded.
“Addition” means any construction which increases the size of a building or facility in terms
of site coverage, height, length, width, or gross floor area ratio.“Adjacent property” means
property that abuts the subject property, including property whose only contiguity to the
subject site is a single point and property directly opposite the subject property and located
across a street.
“Adult bookstore” means a building or portion thereof used by an establishment having as a
substantial or significant portion of its stock in trade for sale to the public or certain members
thereof, books, magazines, and other publications which are distinguished or characterized by
their emphasis on matter depicting, describing or relating to “specified sexual activities” or
“specified anatomical areas,” as hereinafter defined.
“Adult cabaret” means a building or portion thereof used for dancing purposes thereof or area
used for presentation or exhibition or featuring of topless or bottomless dancers, strippers, male
or female impersonators or similar entertainers, for observations by patrons or customers.
“Adult motion picture theater” means a building or portion thereof or area, open or enclosed,
used for the presentation of motion pictures distinguished or characterized by an emphasis on
matter depicting, describing or relating to “specified sexual activities” or “specified
anatomical areas,” as hereinafter defined, for observation by patrons or customers.
“Advertising statuary” means a structure or device of any kind or character for outdoor
advertising purposes which displays or promotes a particular product or service, but without
name identification.
“Aerial” means a stationary transmitting and/or receiving wireless communication device
consisting of one or any combination of the elements listed below:
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1. “Antenna” means a horizontal or vertical element or array, panel or dish that may be
attached to a mast or a tower for the purpose of transmitting or receiving radio or microwave
frequency signals.
2. “Mast” means a vertical element consisting of a tube or rod which supports an antenna.
3. “Tower” means a vertical framework of cross elements which supports either an antenna,
mast or both.
4. “Guy wires” means wires necessary to insure the safety and stability of an antenna, mast or
both. “Affordable units” means housing units in which the rent does not exceed thirty percent
of the HUD income limits for lower and very low income households for the Santa Clara
County Metropolitan Statistical Area, adjusted for household size.
“Agriculture” means the tilling of the soil, the raising of crops, horticulture, agriculture,
livestock farming, dairying, or animal husbandry, including slaughterhouses, fertilizer yards,
bone yard, or plants for the reduction of animal matter or any other similar use.
“Alley” means a public or private vehicular way less than thirty feet in width affording a
secondary means of vehicular access to abutting property.
“Alteration”, for purposes of the Sign Ordinance, means any permanent change to a sign.
“Alteration” means any construction or physical change in the arrangement of rooms or the
supporting members of a building or structure, or change in the relative position of buildings
or structures on a site, or substantial change in appearances of any building or structure.
1. “Incidental alteration” means any alteration to interior partitions or interior supporting
members of a structure which does not increase the structural strength of the structure;
any alteration to electrical, plumbing, heating, air conditioning, ventilating, or other utility
services, fixtures, or appliances; any addition, closing, or change in size of doors or
windows in the exterior walls; or any replacement of a building facade which does not
increase the structural strength of the structure.
2. “Structural alteration” means any alteration not deemed an incidental alteration.
“Amusement park” means a commercial facility which supplies various forms of indoor and
outdoor entertainment and refreshments.
Animal:
1. Animal, Adult. “Adult animal” means any animal four months of age or older.
2. Animal, Large. “Large animal” means any equine, bovine, sheep, goat or swine or similar
domestic or wild animal, as determined by the Planning Commission.
3. Animal, Small. “Small animal” means animals which are commonly found in single-
family residential areas such as chickens, ducks, geese, rabbits, dogs, cats, etc.
“Animal care” means a use providing grooming, housing, medical care, or other services to
animals, including veterinary services, animal hospitals, overnight or short-term boarding
ancillary to veterinary care, indoor or outdoor kennels, and similar services.
“Apartment” means a room or a suite of two or more rooms which is designed for, intended
for, and occupied by one family doing its cooking there.
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“Apartment house” means a building designed and used to house three or more families, living
independently of each other.
“Apartment project” means a rental housing development consisting of two or more dwelling
units.
“Approval Body” means the Director of Community Development and his/her designee, the
Planning Commission or City Council depending upon context.
“Architectural feature” means any part or appurtenance of a building or structure which is not
a portion of the living area of the building or structure. Examples include: cornices, canopies,
eaves, awnings, fireplaces, or projecting window elements. Patio covers or any projection of
the floor area shall not constitute an architectural projection.
“Architectural projection,” for purposes of the Sign Ordinance, means any permanent
extension from the structure of a building, including the likes of canopies, awnings and fascia.
“Atrium” means a courtyard completely enclosed by walls and/or fences.
“Attic” means an area between the ceiling and roof of a structure, which is unconditioned (not
heated or cooled) and uninhabitable.
“Automotive service station” means a use providing gasoline, oil, tires, small parts and
accessories, and services incidental thereto, for automobiles, light trucks, and similar motor
vehicles. Automotive maintenance and repair (minor) may be conducted on the site. The sale
of food or grocery items on the same site is prohibited except for soft drinks and snack foods,
either from automatic vending machines or from shelves. The sale of alcoholic beverages on
the site is governed by Chapter 19.132, Concurrent Sale of Alcoholic Beverages and Gasoline.
“Automotive repair and maintenance (minor)” means the supplying of routine automotive
services such as lubrication, engine tune-ups, smog certificates, 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 a motor vehicle or requires the removal of internal parts shall not be
considered minor. Body and paint shop operations are not minor repairs or maintenance.
“Average slope” means the ratio between vertical and horizontal distance expressed in percent;
the mathematical expression is based upon the formula described below:
S = I x L x 100
A
S = Average slope of ground in percent
I = Contour interval in feet
L = Combined length in feet of all contours on parcel
A = Area of parcel in square feet.
B. “B” Definitions:
“Banner” means a temporary display consisting of fabric, canvas, plastic or paper material
which is attached to a building, vehicle, pole or other form of support.
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“Basement” means any floor below the first story in a building that is fully submerged below
grade except for lightwells required for light, ventilation and emergency egress. A basement
may have a maximum exterior wall height of two feet between natural grade and ceiling.
“Block” means any lot or group of contiguous lots bounded on all sides by streets, railroad
rights-of-way, or waterways, and not traversed by any street, railroad right-of-way or
waterway.
“Boarding house” means any building used for the renting of rooms or providing of table board
for from three to five persons, inclusive, over the age of sixteen years, who are not members
of the same family.
“Building” means any structure used or intended for supporting or sheltering any use or
occupancy when any portion of a building is completely separated from every other portion by
a “Fire Barrier” as defined by the California Building Code, then each portion shall be deemed
to be a separate building.
1. “Attached building” means buildings which are structurally connected by any structural
members or wall, excluding decks, patios or fences.
“Building coverage” means that portion of the net lot area encompassed within the outermost
wall line which defines a building enclosure.
“Building frontage” means the length or the surface of the building wall which faces, and is
visible to the general public from, a private or public right-of-way or driveway.
“Business” or “commerce” means the purchase, sale or other transaction involving the
handling or disposition of any article, substance or commodity for profit or livelihood,
including, in addition, office buildings, offices, shops for the sale of personal services, garages,
outdoor advertising signs and structures, hotels and motels, and recreational and amusement
enterprises conducted for profit.
“Business or trade school” means a use, except a college or university, providing education or
training in business, commerce, language, or similar activity or pursuit, and not otherwise
defined as a home occupation.
C. “C” Definitions:
“Canopy” means any roof-like structure, either attached to another structure or freestanding,
or any extension of a roof line, constructed for the purpose of protection from the elements or
aesthetic purposes in connection with outdoor living.
“Car shelter” means a roofed structure or a part of a building not enclosed by walls, intended
and designed to accommodate one or more vehicles.
“Caretaker” means a person or persons employed for the purpose of protecting the principal
use of the property or structure.
“Centerline” means the centerline as established by the County Surveyor of Santa Clara
County, the City Engineer, or by the State Division of Highways of the State of California.
“Changeable copy sign” means any sign, or portion, which provides for each manual changes
to the visible message without changing structural surfaces, including the likes of theater
marquees and gasoline service station price signs, but excluding electronic readerboard signs
and signs which display the current time or temperature.
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“Change of face” means any changes to the letter style, size, color, background, or message.
“Change of use” means the replacement of an existing use by a new use, or a change in the
nature of an existing use, but not including a change in ownership, tenancy or management
where the previous nature of the use, line of business, or other function is substantially
changed.
“Child” means a person who is under eighteen years of age.
“Child day care facility” means a facility, licensed by the State or County, which provides non-
medical care to children in need of personal services, supervision, or assistance essential for
sustaining the activities of daily living or for the protection of the individual on less than a
twenty-four-hour basis. Child day care facility includes day care centers, employer sponsored
child-care centers and family day care homes.
“Church” means a use providing facilities for organized religious worship and religious
education incidental thereto, but excluding a private educational facility. A property tax
exemption obtained pursuant to Section 3(f) of Article XIII of the Constitution of the State of
California and Section 206 of the Revenue and Taxation Code of the State of California, or
successor legislation, constitutes prima facie evidence that such use is a church as defined in
this section.
“College” or “university” means an educational institution of higher learning which offers a
course of studies designed to culminate in the issuance of a degree or defined by Section 94110
of the Education Code of the State of California, or successor legislation.
“Collocation” means the placement of aerials and other facilities belonging to two or more
communication service providers on a single mast or building.
“Commercial recreation” means a use providing recreation, amusement, or entertainment
services, including theaters, bowling lanes, billiard parlors, skating arenas, and similar
services, operated on a private or for-profit basis, but excluding uses defined as outdoor
recreation services.
“Community center” means a place, structure, area, or other facility used for and providing
religious, fraternal, social and/or recreational programs generally open to the public and
designated to accommodate and serve a significant segment of the community.
“Commercial district,” for purposes of the Sign Ordinance, means an area of land designated
for commercial use in the current Cupertino General Plan.
“Common interest development” means a condominium project, a community apartment
project, containing two or more rights of exclusive occupancy, or a stock cooperative,
containing two or more separately owned lots, parcels or areas, all definitions are based upon
Civil Code Section 1351 or subsequent amendments.
“Community organization” means a nonprofit organization based in the City and whose
activities benefit the City, its residents, employees, or businesses.
“Concession” means a benefit offered by the City to facilitate construction of eligible
projects as defined by the provisions of this chapter. Benefits may include, but are not limited
to, priority processing, fee deferments and waivers, granting of variances, and relaxation of
otherwise applicable permit conditions or other concessions required by law.
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"Condominium" means and includes:
1. "Condominium" as defined by Section 783 of the Civil Code;
2. "Community apartment project" as defined by Section 11004 of the Business and
Professions Code;
3. "Stock cooperative" as defined by Section 11003.2 of the Business and Professions
Code; and
4. "Planned development" as defined by Section 11003 of the Business and Professions
Code.
The term "condominium" specifically includes, but is not limited to, the conversion of any
existing structure for sale pursuant to a method described in this title.
“Condominium conversion” or “Conversion” means a change in the type of ownership of a
parcel (or parcels) of land, together with the existing attached structures, to that defined as a
common interest development, regardless of the present or prior use of such land and structures
and whether substantial improvements have been made or are to be made to such structure.
"Condominium project" or "project" includes the real property and any structures thereon, or
any structures to be constructed thereon, which are to be divided into condominium ownership.
"Condominium units" or "units" means the individual spaces within a condominium project
owned as individual estates.
“Congregate residence” means any building or portion which contains facilities for living,
sleeping and sanitation, as required by the California Building Code and may include facilities
for eating and cooking for occupancies other than a family. A congregate residence may be a
shelter, convent or monastery but does not include jails, hospitals, nursing homes, hotels or
lodging houses.
“Convalescent facility” means a use other than a residential care home providing inpatient
services for persons requiring medical attention, but not providing surgical or emergency
medical services.
“Convenience market” means a use or 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 establishments which have a sizable assortment of fresh fruits, vegetables, and
fresh-cut meats.
“Corner triangle” means a triangular-shaped area bounded by the following, unless deemed
otherwise by the City Engineer:
1. The intersection of the tangential extension of front and street side property lines as
formed by the intersection of two public rights-of-way abutting the said property lines;
and
2. The third boundary of the triangular-shaped area shall be a line connecting the front and
side property lines at a distance of forty feet from the intersection of the tangential
extension of front and side property lines.
“Corner triangle,” for purposes of the Sign Ordinance, means a triangular-shaped area of land
adjacent to an intersection of public rights-of-way, as further defined in Cupertino Standard
Details Drawings Nos. 7-2 and 7-4. (See Appendix A, Cupertino Standard Detail 7-2; Corner
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Triangle–Controlled Intersections, and B, Cupertino Standard Detail 7-4; Corner Triangle–
Uncontrolled Intersections for details.)
“Court” means an open, unoccupied space, other than a yard, on the same lot with a building
or buildings and which is bounded on two or more sides by such building or buildings,
including the open space in a house court or court apartment providing access.
“Covered parking” means a carport or garage that provides full overhead protection from the
elements with ordinary roof coverings. Canvas, lath, fiberglass and vegetation are not
ordinarily roof coverings and cannot be used in providing a covered parking space.
D. “D” Definitions:
“Day care center” means any child day care facility, licensed by the State or County, other than
a family day care home, and includes infant centers, preschools, and extended day care
facilities.
Day Care Home, Family. “Family day care home” means a home, licensed by the State or
County, which regularly provides care, protection and supervision for fourteen or fewer
children, in the provider’s own home, for periods of less than twenty-four hours per day, while
the parents or guardian are away, and includes the following:
1. “Large-family day care home,” which means a home which provides family day care for
seven to fourteen children, inclusive, including children under the age of ten years who
reside at the home, as set forth in the California Health and Safety Code Section 1597.465;
2. “Small-family day care home,” which means a home which provides family day care to
eight or fewer children, including children under the age of ten years who resides at the
home, as set forth in the California Health and Safety Code Section 1597.44.
“Decorative statuary,” for purposes of the Sign Ordinance, means any structure or device of
any kind or character placed solely for aesthetic purposes and not to promote any product or
service.
“Demonstrated safety” means a condition requiring protection from the threat of danger, harm,
or loss, including but not limited to the steepness of a roadway or driveway that may create a
hazardous parking situation in front of a gate.
“Demonstrated security” means a condition requiring protection from the potential threat of
danger, harm or loss, including but not limited to a location that is isolated and invisible from
public view or that has experienced documented burglary, theft, vandalism or trespassing
incidences.
“Density bonus” means an increase in the number of dwelling units authorized for a
particular parcel of land beyond the maximum allowed by the General Plan range specified
on the land use map of the City of Cupertino General Plan as of the date of the project
application, controlled through the Government Code process.
“Developer” means the owner or subdivider with a controlling proprietary interest in the
proposed common interest development, or the person or organization making application, or
a qualified applicant who has entered into a development agreement pursuant to the procedures
specified in Chapter 19.144.
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“Development agreement” means a development agreement enacted by legislation between
the City and a qualified applicant pursuant to Government Code Sections 65864 through
65869.5.
“District” means a portion of the property within the City within which certain uses of land,
premises and buildings are permitted and certain other uses of land, premises and buildings are
prohibited, and within which certain yards and other open spaces are required and certain
building site areas are established for buildings, all as set forth and specified in this title.
“Drinking establishment” means an activity that is primarily devoted to the selling of alcoholic
beverages for consumption on the premises.
“Drive-through establishment” means an activity where a portion of retailing or the provision
of service can be conducted without requiring the customer to leave his or her car.
“Driveway” means any driveway that provides direct access to a public or private street.
Driveway, Curved. “Curved driveway” means a driveway with access to the front property
line which enters the garage from the side at an angle of sixty degrees or greater to the front
curbline and which contains a functional twenty-foot-deep parking area that does not overhang
the front property line.
“Duplex” means a building containing not more than two kitchens, designed and used to house
not more than two families living independently of each other.
“Dwelling unit” means a room or group of rooms including living, sleeping, eating, cooking
and sanitation facilities, constituting a separate and independent housekeeping unit, occupied
or intended for occupancy by one family on a nontransient basis and having not more than one
kitchen.
E. “E” Definitions:
“Economically feasible” means when a housing project can be built with a reasonable rate of
return. The housing developer’s financial ability to build the project shall not be a factor.
Emergency Shelter:
“Emergency shelter, rotating” means a facility that provides temporary housing with minimal
supportive services. Shelters shall be limited to a time period of two months in a twelve-month
period at any single location and shall meet criteria in Section 19.64.040(A).
“Emergency shelter, permanent” means a facility that provides temporary housing with
minimal supportive services that is limited to occupancy of six months or less. Shelters may
be permanently operated and shall meet criteria in Section 19.64.040(B).
“Enclosed” means a covered space fully surrounded by walls, including windows, doors and
similar openings or architectural features, or an open space of less than one hundred square
feet fully surrounded by a building or walls exceeding eight feet in height.
“Entry feature” means a structural element, which leads to an entry door.
“Equestrian center” means a facility for the shelter, display, exhibition, keeping, exercise or
riding of horses, ponies or mules, or vehicles drawn by such animals, with related pasture lands,
corrals and trails.
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“Equipment yard” means a use providing for maintenance, servicing or storage of motor
vehicles, equipment or supplies; or for the dispatching of service vehicles; or distribution of
supplies or construction materials required in connection with a business activity, public utility
service, transportation service, or similar activity, including but not limited to, a construction
material yard, corporation yard, vehicular service center or similar use.
F. “F” Definitions:
“Facility” means a structure, building or other physical contrivance or object.
1. “Accessory facility” means a facility which is incidental to, and customarily associated
with a specified principal facility and which meets the applicable conditions set forth in
Chapter 19.80.
2. “Noncomplying facility” means a facility which is in violation of any of the site
development regulations or other regulations established by this title, but was lawfully
existing on October 10, 1955, or any amendment to this title, or the application of any
district to the property involved by reason of which the adoption or application the facility
becomes noncomplying. (For the definition for “nonconforming use” see the definition
“use” in this chapter.)
3. “Principal facilities” means a main building or other facility which is designed and
constructed for or occupied by a principal use.
“Family” means an individual or group of persons living together who constitute a bona fide
single housekeeping unit in a dwelling unit. “Family” shall not be construed to include a
fraternity, sorority, club, or other group of persons occupying a hotel, lodging house, or
institution of any kind.
“Fence” means a man-made structure which is designed, intended or used to protect, defend
or obscure the interior property of the owner from the view, trespass or passage of others
upon that property.
“Fence height” means the vertical distance from the highest point of the fence (excluding post
caps) to the finish grade adjoining the fence. In a case where the finish grade is different for
each side of the fence, the grade with the highest elevation shall be utilized in determining the
fence height.
“First floor” means that portion of a structure less than or equal to twenty feet in height, through
which a vertical line extending from the highest point of exterior construction to the
appropriate adjoining grade, passes through one story.
“Flag” means any fabric, banner, or bunting containing distinctive colors, patterns, or
symbols, used as a symbol of a government, political subdivision, or other entity.
“Floor area” means the total area of all floors of a building measured to the outside surfaces of
exterior walls, and including the following:
1. Halls;
2. Base of stairwells;
3. Base of elevator shafts;
4. Services and mechanical equipment rooms;
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5. Interior building area above fifteen feet in height between any floor level and the ceiling
above;
6. Basements with lightwells that do not conform to Section 19.28.060I;
7. In all zones except residential, permanently roofed, but either partially enclosed or
unenclosed building features used for sales, service, display, storage or similar uses.
“Floor area” shall not include the following:
1. Basements with lightwells that conform to Section 19.28.060I;
2. Lightwells;
3. Attic areas;
4. Parking facilities, other than residential garages, accessory to a permitted conditional use
and located on the same site;
5. Roofed arcades, plazas, walkways, porches, breezeways, porticos, courts and similar
features not substantially enclosed by exterior walls.
“Floor area ratio” means the maximum ratio of gross floor area on a site to the total site area.
“Foot-lambert” means a unit measurement of the brightness of light transmitted through or
reflected from an object or surface.
“Freeway” means any public roadway so designated by the State of California.
“Front wall” means the wall of a building or other structure nearest the street upon which the
building faces, but excluding certain architectural features as defined in this chapter.
G. “G” Definitions:
“Garage” means an accessory building (completely enclosed) or an attached building used
primarily for the storage of motor vehicles.
“Gasoline service station” means any place of business which offers for sale any motor vehicle
fuel to the public.
“Grade” or “finished grade” means the lowest point of adjacent ground elevation of the finished
surface of the ground paving, or sidewalk, excluding areas where grade has been raised by
means of a berm, planter box, or similar landscaping feature, unless required for drainage,
within the area between the building and the property line, or when the property line is more
than five feet from the building, between the building and a line five feet from the building.
“Gross lot area” means the horizontal area included within the property lines of a site plus the
street area bounded by the street centerline up to thirty feet distant from the property line, the
street right-of-way line and the extended side yard to the street centerline.
“Group home” means a state-authorized, certified or licensed family care home, foster home,
or group home serving six or fewer mentally disordered or otherwise handicapped persons or
dependent and neglected children.
“Guest room” means a room which is intended, arranged or designed to be occupied by
occasional visitors or nonpaying guests of the occupants of the dwelling unit in which the room
is located, and which contains no kitchen facilities.
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H. “H” Definitions:
“Habitable floor” means the horizontal space between a floor area of at least seventy square
feet and the ceiling height measuring at least seven feet six inches above it, except for a kitchen
which shall have a ceiling height not less than seven feet above the floor.
“Habitable space” means space in a structure for living, sleeping, eating or
cooking. Bathrooms, toilet compartment, closets, halls, storage or utility space and similar
areas are not considered habitable space.
“Heavy equipment” means any mechanical or motorized device that is not a vehicle or a
commercial vehicle as defined in 19.08.030(V), including, but not limited to, a backhoe,
cement mixer, crane, ditch witch, dozer, earth mover, generator, grader, tractor or any similar
device.
“Height” means a
vertical distance
measured parallel to the
natural grade to the
highest point of exterior
construction, exclusive
of chimneys, antennas or
other appurtenances,
except that entry features
are measured to the top
of the wall plate.
Height restriction shall
be established by
establishing a line parallel
to the natural grade.
“Height”, for purposes of the Accessory Buildings/Structures, encompasses the entire wall
plane nearest the property line, including roof, eaves, and any portion of the foundation visible
above the adjoining finished grade.
“Home occupation” means a business, profession, occupation or trade activity which is
performed by the resident(s) of a dwelling unit within that dwelling unit, or a yard area or
garage associated with that dwelling unit, or a yard area or garage associated with that unit, for
purposes of generating income, by means of the manufacture, and/or sale of goods and/or
services, but which activity is clearly incidental to the use of the dwelling for residential
purposes.
“Hospital” means a facility for providing medical, psychiatric or surgical services for sick or
injured persons, primarily on an inpatient basis, and including ancillary facilities for outpatient
and emergency treatment, diagnostic services, training, research, administration, and service
to patients, employees or visitors.
“Hotel” means a facility containing rooms or groups of rooms, generally without individual
kitchen facilities, used or intended to be used by temporary overnight occupants, whether on a
transient or residential occupancy basis, and whether or not eating facilities are available on
the premises. Hotel includes motel, motor hotel, tourist court, or similar use, but does not
include mobilehome parks or similar uses.
Height Limit for Entry Features
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“Household pets” means small animals commonly found in residential areas such as chickens,
ducks, geese, rabbits, dogs, and cats, but excluding animals such as any bovine or equine
animal, or any goat, sheep or swine. This title does not regulate the keeping of small household
pets, such as fish, birds or hamsters, which is incidental to any permitted use. However, no
animal including household pets may be kept, maintained and/or raised for commercial
purposes except where permitted with required permits.
“Household type” means whether the occupants of the housing units are very low income,
lower income or senior citizens.
“Housing development” means one or more groups of projects with residential units
constructed in the planned development of the City.
I. “I” Definitions:
“Industrial district,” for purposes of the Sign Ordinance, means all ML districts and any
other zoning classifications which are consistent with the industrial designation of the
Cupertino general plan.
“Institutional district,” for purposes of the Sign Ordinance, means all BQ, PR, FP, and
BA districts and other zoning classifications and uses which are considered institutional in
nature and are consistent with the institutional or quasi-public designation of the general
plan.
J. “J” Definitions:
“Junkyard” means the use of more than two hundred square feet of the area of any lot for the
storage or keeping of junk, including scrap metals or other scrap material, and/or for the
dismantling or wrecking of automobiles or other vehicles or machinery.
K. “K” Definitions:
“Kitchen” means an area in habitable space used for the preparation of food and including at
least three of the following:
1. Cooking appliance(s) or provision for a cooking appliance (such as 220V outlets, gas
connections and space for appliances between counters;
2. Counter;
3. Refrigerator;
4. Sink.
L. “L” Definitions:
“Landscaping” means an area devoted to or developed and maintained with native or exotic
planting, lawn, ground cover, gardens, trees, shrubs, and other plant materials, decorative
outdoor landscape elements, pools, fountains, water features, paved or decorated surfaces of
rock, stone, brick, block or similar material (excluding driveways, parking, loading or storage
areas), and sculptural elements.
“Late evening activities” means an activity which maintains any hours of operation during the
period of eleven p.m. to seven a.m.
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“Legal substandard lot” means any parcel of land or lot recorded and legally created by the
County or City prior to March 17, 1980, which lot or parcel is of less area than required in the
zone; or lots or parcels of record which are reduced to a substandard lot size as a result of
required street dedication unless otherwise provided in the City of Cupertino General
Plan. The owner of a legally created, substandard property which is less than six thousand
square feet but equal to or greater than five thousand square feet may utilize such parcel for
residential purposes. The owner of a legally created parcel of less than five thousand square
feet may also develop the site as a single-family residential building site if it can be
demonstrated that the property was not under the same ownership as any contiguous property
on the same street frontage as of or after July 1, 1984.
“Lightwell” means an excavated area required by the Uniform Building Code to provide
emergency egress, light and ventilation for below grade rooms.
“Liquor store” means a use requiring a State of California “off-sale general license” (sale for
off-site consumption of wine, beer and/or hard liquor) and having fifty percent or more of the
total dollar sales accounted for by beverage covered under the off-sale general license.
“Living space” means habitable space and sanitation.
“Loading space” means an area used for loading or unloading of goods from a vehicle in
connection with the use of the site on which such space is located.
“Lodging” means the furnishing of rooms or groups of rooms within a dwelling unit or an
accessory building to persons other than members of the family residence in the dwelling unit,
for overnight occupancy on a residential occupancy basis, whether or not meals are provided
to the person. Lodging shall be subject to the residential density requirements of the district in
which the use is located.
“Lodging unit” means a room or group of rooms not including a kitchen, used or intended for
use by overnight occupants as a single unit, whether located in a hotel or a dwelling unit
providing lodging where designed or used for occupancy by more than two persons; each two-
person capacity shall be deemed a separate lodging unit for the purpose of determining
residential density; each two lodging units shall be considered the equivalent of one dwelling
unit.
1. “Lot” means a parcel or portion of land separated from other parcels or portions by
description, as on a subdivision or record of survey map, or by metes and bounds, for
purpose of sale, lease or separate use. “Corner lot” means a lot situated at the intersection
of two or more streets, or bounded on two or more adjacent sides by street lines.
2. “Flag lot” means a lot having access to a street by means of a private driveway or parcel
of land not otherwise meeting the requirement of this title for lot width.
3. “Interior lot” means a lot other than a corner lot.
4. “Key lot” means the first lot to the rear of a corner lot, the front line of which is a
continuation of the side line of the corner lot, and fronting on the street which intersects
or intercepts the street on which the corner lot fronts.
5. “Lot area” means the area of a lot measured horizontally between boundary lot lines, but
excluding a portion of a flag lot providing access to a street and lying between a front lot
line and the street, and excluding any portion of a lot within the lines of any natural
watercourse, river, stream, creek, waterway, channel or flood control or drainage
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easement and excluding any portion of a lot within a street right-of-way whether acquired
in fee, easement or otherwise.
“Lot coverage” means the following:
1. “Single-family residential use” means the total land area within a site that is covered by
buildings, including all projections, but excluding ground-level paving, landscape
features, lightwells, and open recreational facilities.
2. “All other uses except single-family residential” means the total land area within a site
that is covered by buildings, excluding all projections, ground-level paving, landscape
features, and open recreational facilities.
“Lot depth” means the horizontal distance from the midpoint of the front lot line to the
midpoint of the rear lot line, or to the most distant point on any other lot line where there is no
clear rear lot line.
“Lot line” means any boundary of a lot.
1. “Front lot line” means on an interior lot, the lot line abutting a street, or on a corner lot,
the shorter lot line abutting a street, or on a flag lot, the interior lot line most parallel to
and nearest the street from which access is obtained.
2. “Interior lot line” means any lot line not abutting a street.
3. “Rear lot line” means the lot line not intersecting a front lot line which is most distant
from and the most closely parallel to the front lot line. A lot bounded by only three lot
lines will not have a rear lot line.
4. “Side lot line” means any lot line which is not a front or rear lot line.
5. “Street lot line” means any lot line abutting a street.
“Lot of record” means a lot which is part of a subdivision recorded in the office of the County
Recorder, or a lot or parcel described by metes and bounds which has been recorded.
“Lot width” means the horizontal distance between side lot lines, measured at the required
front setback line.
“Lower-income household” means a household whose gross income is as established by
Health and Safety Code Section 50079.5.
M. “M” Definitions:
“Major renovation,” for purposes of Chapter 19.116, Conversions of Apartment Projects to
Common Interest Development, means any renovation for which an expenditure of more than
one thousand dollars was made.
“Major repair,” for purposes of Chapter 19.116, Conversions of Apartment Projects to
Common Interest Development, means any repair for which an expenditure of more than one
thousand dollars was made.
“Manufacturing” means a use engaged in the manufacture, predominantly from previously
prepared materials, of finished products or parts, including processing fabrication, assembly,
treatment, packaging of products, but excluding basic industrial processing of extracted or raw
materials, processes utilizing inflammable or explosive material (i.e., materials which ignite
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easily under normal manufacturing conditions), and processes which create hazardous or
commonly recognized offensive conditions.
“Massage” means any method of pressure on or friction against or stroking, kneading, rubbing,
tapping, pounding, vibrating or stimulating the external parts of the human body with the hands
or with any mechanical or electrical apparatus or other appliances or devices with or without
such supplementary aides as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion,
ointment or other similar preparations.
“Massage parlor” means a building or portion thereof, or a place where massage is
administered for compensation or from which a massage business or service for compensation
is operated which is not exempted or regulated by the Massage Establishment Ordinance as
contained in Title 9, Health and Sanitation of the Cupertino Municipal Code, Chapter 9.06.
“Minor change” means an alteration or modification of an existing plan, development or
project which is substantially inferior in bulk, degree or importance to the overall dimension
and design of the plan, development or project with no change proposed for the use of the land
in question, no change proposed in the character of the structure or structures involved, and no
variance required.
“Mobilehome” means a vehicle, other than a motor vehicle, designed or used as semipermanent
housing, designed for human habitation, for carrying persons and property on its own structure,
and for being drawn by a motor vehicle, and shall include a trailer coach.
“Mobilehome park” means any area or tract of land where lots are sold, rented, or held out for
rent to one or more owners or users of mobilehomes, excluding travel-trailers, for the purpose
of permanent or semipermanent housing.
“Multiple-family use” means the use of a parcel for three or more dwelling units which may
be in the same building or in separate buildings on the same parcel.
N. “N” Definitions:
“Natural grade” means the contour of the land prior to improvements or development, unless
otherwise established by a city approved grading plan that is part of a subdivision map
approval.
“Net lot area” means the total area included within the property lines of a parcel, excluding the
following:
1. Any portion of a parcel within the right-of-way of an existing public street;
2. The portion of a flag lot constituting the access corridor lying between the front property
line and the frontage line of the corridor at the street;
3. The full width of any legal easement used for access purposes.
“Nightclub” means an establishment providing alcoholic beverage service and late evening
(past eleven p.m.) entertainment, with or without food service.
O. “O” Definitions:
“Office” means:
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1. “Administrative or executive offices” including those pertaining to the management of
office operations or the direction of enterprise but not including merchandising or sales
services.
2. “Medical office” means a use providing consultation, diagnosis, therapeutic, preventative
or corrective personal treatment services by doctors, dentists, medical and dental
laboratories, and similar practitioners of medical and healing arts for humans, licensed for
such practice by the State of California and including services related to medical research,
testing and analysis.
3. “Professional offices” such as those pertaining to the practice of the professions and arts
including, but not limited to, accounting, architecture, dentistry, design, engineering,
including associated testing and prototype development, but excluding product
manufacturing and/or assembly, law and medicine, but not including sale of drugs or
prescriptions except as incidental to the principal uses and where there is external evidence
of such incidental use.
4. “Office district,” for purposes of the Sign Ordinance, means those buildings or groups of
buildings for which the permitted uses are professional offices, is within an OA or OP zone
or which are designated for offices on the general plan.
“Offset” means the indentation or projection of a wall plane.
“Open” means a space on the ground or on the roof of a structure, uncovered and unenclosed.
“Organizational documents” means the declaration of restrictions, articles of incorporation,
bylaws and any contracts for the maintenance, management or operation of all or any part of a
common interest development.
“Outdoor recreation use” means a privately owned or operated use providing facilities for
outdoor recreation activities, including golf, tennis, swimming, riding or other outdoor sport
or recreation, operated predominantly in the open, except for accessory or incidental enclosed
services or facilities.
P. “P” Definitions:
“Park” means any open space, reservation, playground, swimming pool, golf course, recreation
center, or any other area in the City owned or used by the City or County and devoted to active
or passive recreations.
“Parking area” means an unroofed, paved area, delineated by painted or similar markings,
intended and designed to accommodate one or more vehicles.
“Parking facility” means an area on a lot or within a building, or both, including one or more
parking spaces, together with driveways, aisles, turning and maneuvering areas, clearances and
similar features, and meeting the requirements established by this title. Parking facility
includes parking lots, garages and parking structures.
1. “Temporary parking facility” means parking lots which are not required under this title
and which are intended as interim improvements of property subject to removal at a later
date.
“Parking space” means an area on a lot or within a building, used or intended for use for
parking a motor vehicle, having permanent means of access to and from a public street or alley
independently of any other parking space, and located in a parking facility meeting the
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requirements established by this title. Parking space is equivalent to the term “parking stall”
and does not include driveways, aisles or other features comprising a parking facility as
previously defined in this chapter.
“Pennant” means any lightweight plastic, fabric, or other material, whether or not containing
a message of any kind, suspended from a rope, wire, or string, usually in a series, designed to
move in the wind.
“Permit” means a permit issued by the City Council, Planning Commission, Design Review
Committee, Director of Community Development, or any other decision body as empowered
by the Cupertino Municipal Code, approving architecture, site improvements, buildings,
structures, land and/or uses. Permits may include but shall not be limited to Administrative
Approvals, Two-story Permits, Minor Residential Permits, Architectural and Site Approvals,
Development Permits, Conditional Use Permits, Exceptions, Variances or Subdivision Maps.
“Person” means an individual, group, partnership, firm, association, corporation, trust,
governmental agency, governmental official, administrative body, or tribunal or any other form
of business or legal entity.
“Personal fitness training center” means a facility providing space and equipment, with or
without supervision, for group or individual athletic development, increased skill development
in sports activity, or rehabilitative therapy for athletic injury.
“Perspective drawing” means a rendering of a three-dimensional view depicting the height,
width, depth, and position of a proposed structure in relation to surrounding properties and
structures when viewed from street level.
“Picnic area” means a facility providing tables and cooking devices for preparation and
consumption of meals out of doors or within an unenclosed shelter structure.
“Practice range” means a facility providing controlled access to fixed or movable objects which
are used to test and measure accuracy of discharge from a weapon.
“Private educational facility” means a privately owned school, including schools owned and
operated by religious organizations, offering instruction in the several branches of learning and
study required to be taught in the public schools by the Education Code of the State of
California.
“Project improvements” means all public road improvements, undergrounding utility
improvements, and improvements to the on-site utility networks as required by the City of
Cupertino for a common interest development.
“Projection” means architectural elements, not part of the main building support, that
cantilevers from a single building wall or roof, involving no supports to the ground other than
the one building wall from which the element projects. “Promotional Device” means any
sign, display, fixture, placard, vehicle or structure that uses color, form, graphic, symbol,
illumination or writing to advertise a special event or the opening of a new business.
“Property” means real property which includes land, that which is affixed to the land, and that
which is incidental or appurtenant to the land as defined in Civil Code Sections 658 through
662.
1. Property, Adjoining. “Adjoining property” means any unit of real property, excluding
lands used as public streets, sharing one or more common points with another property.
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“Provider” means a person who operates a child day care home and is licensed by the State of
California.
“Public dancehall” is a building or portion used for dancing purposes to and in which the
general public is admitted and permitted to dance, upon payment of any fee other than
compensation, or upon payment of a charge for admission, or for which tickets or other devices
are sold, or in which a charge is made for the privilege of dancing with any other person
employed for such purpose by the operator of the establishment, including but not limited to
taxi dances, but excluding restaurants, hotel rooms and nightclubs in which the dancing is
incidental only to other entertainment.
Q. “Q” Definitions:
“Qualified applicant” is a person who has a legal or equitable interest in real property which
is the subject of a development agreement, determined pursuant to Section 19.116.070.
Qualified applicant includes an authorized agent.
R. “R” Definitions:
“Recreational open space” means open space within a common interest development
(exclusive of required front setback areas) which shall be used exclusively for leisure and
recreational purposes, for the use and enjoyment of occupants (and their visitors) of units on
the project and to which such occupants (and their visitors) have the right of use and
enjoyment. Accessory structures such as swimming pools, recreational buildings and
landscaped areas may be included as open space.
“Recyclable materials” means discards or waste materials that may be separated or mixed,
collected and processed, and used as raw materials for new products. For purposes of this
chapter, recyclable material does not include hazardous materials.
“Recycling center” means a facility for the collection and/or processing of recyclable
materials. Recycling center does not include storage containers or processing activity located
on the premises of a commercial or manufacturing use and use solely for the recycling of
material generated by that business or manufacturer.
1. “Recycling center, Certified” or “Certified Processor” means a recycling facility certified
by the California Department of Conservation as meeting the requirements of the California
Beverage Container Recycling and Litter Reduction Act of 1986.
2. “Recycling center, Mobile” means an automobile, truck, trailer or van licensed by the
Department of Motor Vehicles, which is used for the collection of recyclable material. A
mobile recycling center also means the bins, boxes or containers transported by trucks, vans,
or trailers and used for the collection of recyclable materials. A mobile recycling center may
consist of an enclosed vehicle such as box cab or enclosed semi-trailer or an open vehicle
such as a flatbed trailer with bins or boxes to contain recyclable materials.
“Recycling facilities” may include the following:
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a. “Collection facility” means a facility for the acceptance (donation, redemption or sale) of
recyclable materials from the public. Such a facility does not use power-driven processing
equipment except as indicated in standards and conditions, in this chapter. Collection
facilities may include the following:
i. Reverse vending machine(s);
ii. Small collection facilities which occupy an area of not more than five hundred square feet,
and may include:
(A) A mobile recycling unit,
(B) Bulk reverse vending machine or a grouping of reverse vending machines occupying
more than fifty square feet,
(C) Kiosk type units and bulk vending machines,
(D) Unattended containers placed for the donation of recyclable materials;
iii. Large collection facilities which may occupy an area of more than five hundred square
feet, or is on a separate property not appurtenant to a host use, and may include permanent
structures.
b. “Processing facility” means a building or enclosed space use for the collection and
processing of recyclable materials. Processing means the preparation of material for efficient
shipment or to an end-user’s specifications, by such means as baling, briquetting,
compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and
remanufacturing. Processing facility includes the following:
i. A light processing facility occupies an area of under forty-five thousand square feet of
gross collection, processing and storage area and has up to two outbound truck shipments per
day. Light processing facilities are limited to baling, briquetting, crushing, compacting,
grinding, shredding and sorting of source-separated recyclable materials and repairing of
reusable materials sufficient to qualify as a certified processing facility. A light processing
facility shall not shred, compact, or bale ferrous metals other than food and beverage
containers.
ii. A heavy processing facility is any processing facility other than a light processing facility.
“Religious institution” means a seminary, retreat, monastery, conference center, or similar use
for the conduct of religious activities including accessory housing incidental thereto, but
excluding a private educational facility. Any use for which a property tax exemption has been
obtained pursuant to Section 3(f) of Article XIII of the Constitution of the State of California
and Section 206 of the Revenue and Taxation Code of the State of California, or successor
legislation, or which is used in connection with any church which has received such an
exemption, shall be prima facie presumed to be a religious institution.
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“Residential care facility” means a building or portion designed or used for the purpose of
providing twenty-four-hour-a-day nonmedical residential living accommodations pursuant to
the Uniform Building, Housing and Fire Codes, in exchange for payment of money or other
consideration, where the duration of tenancy is determined, in whole or in part, by the
individual resident’s participation in group or individual activities such as counseling, recovery
planning, medical or therapeutic assistance. Residential care facility includes, but is not limited
to, health facilities as defined in California Health and Safety Code (H&SC) Section 1250 et
seq., community care facilities (H&SC Section 1500 et seq.), residential care facilities for the
elderly (H&SC Section 1569 et seq.), and alcoholism or drug abuse recovery or treatment
facilities (H&SC Section 11384.11), and other similar care facilities.
Restaurant:
1. Restaurant, Fast-Food. “Fast-food restaurant” means a retail food service establishment
in which prepared foods or beverages are served or sold on or in disposable containers,
including those establishments where a substantial portion of the patrons may serve
themselves and may consume the 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 shops, shall not be considered fast-food
restaurants.
2. Restaurant, Full Service. “Full-service restaurant” means any restaurant which is not a
fast-food restaurant. Alcoholic beverages may be served with meals at a customer’s
dining table; however, a separate bar facility for serving alcoholic beverages is not
permitted without a use permit.
“Research and development” means a use engaged in study, design, analysis and experimental
development of products, processes or services, including incidental manufacturing of
products or provisions of services to others.
“Residential care home” means the use of a dwelling unit or portion licensed by the State of
California or County of Santa Clara, for care of up to six persons, including overnight
occupancy or care for extended time periods, and including all uses defined in Sections 5115
and 5116 of the California Welfare and Institutions Code, or successor legislation.
“Residential district,” for purposes of the Sign Ordinance, means the R1, RHS, R2, R3, R1C,
A, and A1 zoning classifications which are consistent with the residential designation of the
Cupertino general plan.
“Reverse vending machine(s)” means an automated mechanical device which accepts one or
more types of empty beverage containers, including, but not limited to aluminum cans, glass
and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less
than the containers redemption value, as determined by the State. A reverse vending machine
may sort and process containers mechanically provided that the entire process is enclosed
within the machine. In order to accept and temporarily store all three container types in a
proportion commensurate with their relative redemption rates, and to meet the requirements
of certification as a recycling center, multiple grouping of reverse vending machines may be
necessary.
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1. A bulk reverse vending machine is a reverse vending machine that is larger than fifty
square feet; is designed to accept more than one container at a time; and will pay by
weight instead of by container.
“Rotating homeless shelter” means a shelter located in an existing church structure, the shelter
provided not to exceed two months in any twelve-month period at any single location, and the
number of occupants not to exceed twenty-five, hours of operation not to exceed six p.m. to
seven a.m.
S. “S” Definitions:
“Screened” means shielded, concealed, and effectively hidden from view at an elevation of up
to eight feet above ground level on adjoining parcels, or from adjoining parcels, within ten feet
of a lot line, by a fence, wall, hedge, berm, or similar structure, architectural or landscape
feature, or combination thereof.
“Second dwelling unit” means an attached or a detached residential dwelling unit which
provides complete independent living facilities for one or more persons. It shall include
permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel
as the single-family dwelling is situated.
“Senior citizens” means:
1. Persons at least sixty-two years of age; or
2. Persons at least fifty-five years of age in a senior citizen housing development, in
accordance with State and federal law.
“Senior housing development” means:
1. Government subsidized housing units for senior citizens;
2. Housing intended for, and solely occupied by, persons at least sixty-two years of age; or
3. Housing consisting of at least one hundred fifty units in which eighty percent of the units
have at least one person aged fifty-five or older and which provide special facilities and
services designed for seniors.
Eligibility for a density bonus or other concession for senior citizen units must be in
conformity with State and federal laws governing senior housing projects.
“Setback line” means a line within a lot parallel to a corresponding lot line, which is the
boundary of any specified front, side or rear yard, or the boundary of any public right-of-way
or private road, whether acquired in fee, easement, or otherwise, or a line otherwise established
to govern the location of buildings, structures or uses. Where no minimum front, side or rear
yards are specified, the setback line shall be coterminous with the corresponding lot line.
Setback Area, Required. “Required setback area” means open space, unoccupied and
unobstructed from the ground upward, except as provided in this title, between the lot line and
the setback line on the same parcel.
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1. Setback Area, Required Front Yard. “Required front-yard setback area” means the
setback area extending across the front of a lot between the front lot line and the setback
line. Front yards shall be measured either by a line at right angles to the front lot line, or
by a radial line in the case of a curved front lot line, except flag lots which is the area
extending across the full extent of the buildable portion of the flag lot measured from the
property line which is parallel to and nearest the street line and at which point the lot width
equals a minimum of sixty feet. The Director of Community Development shall have the
discretion to modify the provisions of this definition when it improves the design
relationship of the proposed buildings to adjacent buildings or parcels.
2. Setback Area, Required Rear Yard. “Required rear-yard setback area” means the area
extending across the full width of the lot between the rear lot line and the nearest line or
point of the main building.
3. Setback Area, Required Side Yard. “Required side-yard setback area” means the area
between the side lot line and the nearest line of a building, and extending from the front
setback line to the rear setback line.
“Shopping center” means a group of commercial establishments, planned, developed, owned
or managed as a unit, with off-street parking provided on the parcel.
“Shopping center,” for purposes of the Sign Ordinance, means a retail entity encompassing
three or more tenants within a single building or group of buildings, but within which
individual business located in defined tenant spaces are owned and managed separately from
the shopping center management.
“Sidewalk site triangle” is a triangular shaped area described in Cupertino Standard Detail 7-
6. (See Appendix C, Cupertino Standard Detail; Sidewalk Site Triangle (Sidewalk Clearance
at Driveway)
“Sign” means any device, fixture, placard, or structure that uses any color, form, graphic,
illumination, symbol, or writing to advertise, announce the purpose of, or identify the
purpose of a person or entity, to communicate information of any kind to the public.
1. “Animated sign” means any sign which projects action, motion or the illusion thereof,
changes intensity of illumination or changes colors, including the likes of balloons,
banners and flags, and blowing or air-powered attractions, but excluding electronic
readerboard signs and signs that display the current time or temperature.
2. “Blade sign” means a pedestrian oriented sign, adjacent to a pedestrian walkway or
sidewalk, attached to a building wall, marquee, awning or arcade with the exposed face
of the sign in a plane perpendicular to the plane of the building wall.
3. “Development Identification Sign” means a ground sign at the major entry to a residential
development with twenty units or more meant to identify the name and address of the
development.
4. “Directional sign” means any sign which primarily displays directions to a particular
area, location or site.
5. “Directory sign” means any outdoor listing of occupants of a building or group of
buildings.
6. “Electronic readerboard sign” means an electronic sign intended for a periodically-
changing advertising message.
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7. “Freeway oriented sign” means any sign which is located within six hundred sixty feet
and visible from a freeway right-of-way as defined by Section 5200 of the California
Business and Professions Code.
8. “Garage sale signs” means any sign used for advertising a garage or patio sale as defined
in Chapter 5.16 of the Cupertino Municipal Code.
9. “Ground sign” means any sign permanently affixed to the ground and not supported by a
building structure. The height of thesign shall be measured from the grade of the
adjoining closest sidewalk to the top of the sign including trim.
10. “Identification sign” means any sign whose sole purpose is to display the name of the site
and the names of the occupants, their products or their services.
11. “Illegal sign” means any sign or advertising statuary which was not lawfully erected,
maintained, or was not in conformance with the provisions of this title in effect at the
time of the erection of the sign or advertising statuary or which was not installed with a
valid permit from the City.
12. “Illuminated sign” means any sign utilizing an artificial source of light to enhance its
visibility.
13. “Informational sign” means any sign which promotes no products or services, but
displays service or general information to the public, including the likes of hours of
operation, rest room identifications and hazardous warnings.
14. “Landmark sign” means an existing, legal non-conforming ground sign that has a
distinctive architectural style.
15. “Nonconforming sign” means any sign or advertising statuary that was legally erected
and had obtained a valid permit in conformance with the ordinance in effect at the time of
the erection of the sign but which became nonconforming due to the adoption of the
ordinance codified in this title.
16. “Obsolete sign” means any sign that displays incorrect or misleading information,
promotes products or services no longer available at that site or identifies departed
occupants.
17. “Off-site sign” means any sign not located on the premises of the business or entity
indicated or advertised by the sign. This definition shall include billboards, poster panels,
painted bulletins and other similar advertising displays.
18. “On-site sign” means a sign directing attention to a business, commodity, service or
entertainment conducted, sold or offered upon the same premises as those upon which the
sign is maintained.
19. “Political sign” means a temporary sign that encourages a particular vote in a scheduled
election and is posted prior to the scheduled election.
20. “Portable Sign or Display” means any outdoor sign or display not permanently attached
to the ground or a structure on the premises it is intended to occupy and displayed only
during business hours. Portable sign or display includes A-frames, flower carts, statues,
and other similar devices used for advertising as determined by the Director.
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21. “Project announcement sign” means any temporary sign that displays information
pertinent to a current or future site of construction, including the likes of the project
name, developers, owners and operators, completion dates, availability and occupants.
22. “Projecting sign” means any sign other than a wall sign that is attached to and projects
from a structure or building face or wall.
23. “Real estate sign” means a temporary sign indicating that a particular premises is for sale,
lease or rent.
24. “Roof sign” means a sign erected between the lowest and highest points of a roof.
25. “Street address sign” means any sign that displays only the street address number(s) of
the site and, at the option of the property owner, the street name.
26. “Temporary Sign” means any sign, display, banner or promotional device which is
designed or intended to be displayed only during the allowable business hours or for short
periods of time as specified by the Director of Community Development.
27. “V-shaped signs” means any sign consisting of two vertical faces, or essentially vertical
faces, with one common edge and which appears as the letter V when viewed directly
from above.
28. “Vehicle sign” means a sign painted on or attached to an operable or movable vehicle; in
the case of motor vehicles, “operable” shall be defined as having a valid license plate.
29. “Wall sign” means any sign that is attached, erected or painted on a structure attached to
a building, a canopy structure, or the exterior wall of a building with the exposed face of
the sign parallel to the wall.
30. “Window sign” means any sign that is intended to be read from outside of the structure
or painted on a window facing a public street, parking lot, pedestrian plaza or walkway
accessible to the public. .
“Sign Area” for an individually lettered sign without a background, is measured by enclosing
the sign copy with a continuous perimeter in simple rectilinear forms. (See Appendix D for
examples of sign area calculation)
The sign area for a sign with borders and/or background is measured by enclosing the
exterior limits of the border or background with a single continuous perimeter. The
necessary supports, uprights, and/ or the base on which such sign is placed, shall be excluded
from the sign area.
When a sign is separated by thirty-six inches or more, the area of each part may be computed
separately.
“Single-family use” means the use of a parcel for only one dwelling unit.
“Specialty food stores” means uses 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.
“Site,” for purposes of the Sign Ordinance, means a piece of land as shown on a subdivision
map, record of survey map or assessor’s parcel map, which constitutes one development site
and which may be composed of a single unit of land or contiguous units under common
ownership, control, or development agreement.
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“Special event,” for purposes of the Sign Ordinance means a temporary promotional event
including, but not limited to, a special sale on merchandise or services, or grand openings.
“Special Event Banner” means any temporary sign constructed of pliable materials such as
canvas, fabric, vinyl plastic or similar materials which will withstand exposure to wind and
rain without significant deterioration, and which does not require a building permit for its
construction, or installation outside of a building.
“Specified anatomical areas” means:
1. Less than completely and opaquely covered human genitals, pubic region, buttocks and
female breast below a point immediately above the top of the areola; and
2. Human male genitals in a discernibly turgid state, even if completely and opaquely
covered.
“Specified sexual activities” means:
1. Human genitals in a state of sexual stimulation or arousal;
2. Acts of human masturbation, sexual intercourse or sodomy;
3. Fondling or other erotic touching of human genitals, pubic region, buttocks or female
breast.
“Story” means that portion of a building, excluding a basement, between the surface of any
floor and the surface of the next floor above it, or if there is no floor above it, then the space
between the floor and the ceiling next above it.
“Street” means a public or private thoroughfare the design of which has been approved by the
City which affords the principal means of access to abutting property, including avenue, place,
way, drive, lane, boulevard, highway, road, and any other thoroughfare except an alley as
defined in this chapter.
1. Street, Public. “Public street” means all streets, highways, lanes, places, avenues and
portions and including extensions in the length and width, which have been dedicated by
the owners to public use, acquired for public use, or in which a public easement for
roadway purposes exists.
“Street frontage,” for purposes of the Sign Ordinance, means the length of a site along or
fronting on a public or private street, driveway or other principal thoroughfare, but does not
include such length along an alley, watercourse, railroad right-of-way or limited access
roadway or freeway.
“Structure” means that which is built or constructed, an edifice or building of any kind, or any
piece of work artificially built up or composed of parts joined together in some definite manner.
1. Structure, Recreational. “Recreational structure” means any affixed accessory structure
or portion, which functions for play, recreation or exercise (e.g., pool slides, playhouses,
tree houses, swings, climbing apparatus, gazebos, decks, patios, hot tubs and pools) but
does not include portable play structures, such as swings or climbing apparatus.
“Structurally attached” means any structure or accessory structure or portion thereof, which is
substantially attached or connected by a roof structure or similar physical attachment.
“Supportive housing” (per CA Health and Safety Code 50675.14(b)(1)) means housing with
no limit on length of stay, that is occupied by the target population, and that is linked to onsite
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or offsite services that assist the supportive housing resident in retaining the housing,
improving his or her health status, and maximizing his or her ability to live and, when possible,
work in the community.
T. “T” Definitions:
“Target population” (per CA Health and Safety Code 50675.14(b)(2)) means persons with low
incomes having one or more disabilities, including mental illness, HIV or AIDS, substance
abuse, or other chronic health conditions, or individuals eligible for services provided under
the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with
Section 4500) of the Welfare and Institutions Code) and may, among other populations,
emancipated youth, families with children, elderly persons, young adults aging out of the foster
care system, individuals exiting from institutional settings, veterans, or homeless people.
“Transient” means any individual who exercises occupancy or is entitled to occupancy by
reason of concession, permit, right of access, license or other agreement for a period of thirty
consecutive calendar days or less, counting portions of calendar days as full days, and
including any individual who actually physically occupies the premises, by permission of any
other person entitled to occupancy.
“Transitional housing” and “transitional housing development” (per CA Health and Safety
Code 50675.2 (h)) means buildings configured as rental housing developments, but operated
under program requirements that call for the termination of assistance and recirculation of the
assisted unit to another eligible program recipient at some predetermined future point in time,
which shall be no less than six months.
“Trim” means the molding, battens, cappings, nailing strips, lattice and platforms which are
attached to a sign.
U. “U” Definitions:
“Use” means the conduct of an activity, or the performance of a function or operation, on a
parcel or in a building or facility.
1. “Accessory use” means a use which is incidental to and customarily associated with a
specified principal use.
2. “Conditional use” means a use listed by the regulations of any particular district as a
conditional use within that district, and allowable solely on a discretionary or conditional
basis, subject to issuance of a conditional use permit, and to all other regulations
established by this title.
3. “Nonconforming use” means a use which is not a permitted use or conditional use
authorized within the district in which it is located, but which was lawfully existing on
October 10, 1955; or the date of any amendments thereto, or the application of any district
to the property involved, by reason of which adoption or application the use became
nonconforming. (See “noncomplying facilities” in this chapter for a definition.)
4. “Permitted use” means a use listed by the regulations of any particular district as a
permitted use within that district, and permitted therein as a matter of right when
conducted in accord with the regulations established by this title.
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5. “Principal use” means a use which fulfills a primary function of a household,
establishment, institution, or other entity.
“Useable rear yard” means that area bounded by the rear lot line(s) and the rear building line
extended to the side lot lines. The side yard adjacent to a proposed minor addition (e.g.,
addition equaling ten percent or less of the principal structure) may be included in calculation
of usable rear yard area.
V. “V” Definitions:
“Variance application” means an application for which an exception process is not identified
in the Municipal Code.
“Vehicle” means any boat, bus, trailer, motor home, van, camper (whether or not attached to a
pickup truck or other vehicle), mobilehome, motorcycle, automobile, truck, pickup, airplane,
boat trailer, truck tractor, truck trailer, utility trailer or recreational vehicle, or parts, or any
device by which any person or property may be propelled, moved or drawn upon a public
street, excepting a device moved exclusively by human power.
1. Vehicle, commercial. “Commercial vehicle” means a vehicle of a type required to be
registered under the California Vehicle Code used or maintained for the transportation of
persons for hire, compensation, or profit or designed, used, or maintained primarily for
the transportation of goods.
2. Vehicle, Recreation. “Recreation vehicle” means a vehicle towed or self-propelled on its
own chassis or attached to the chassis of another vehicle and designed or used for
temporary dwelling, recreational or sporting purposes. The term recreation vehicle
includes, but is not limited to, trailers, motor coach homes, converted trucks and buses,
and boats and boat trailers.
“Very low income household” means a household whose gross income is as established by
Health and Safety Code Section 50105.
“Visual privacy intrusion” means uninterrupted visual access from a residential dwelling or
structure into the interior or exterior areas of adjacent residential structures, which area is
either completely or partially private, designed for the sole use of the occupant, and/or which
serves to fulfill the interior and/or exterior privacy needs of the impacted residence or
residences.
W. “W” Definitions:
None.
X. “X” Definitions:
None.
Y. “Y” Definitions:
“Yard” means an area within a lot, adjoining a lot line, and measured horizontally, and
perpendicular to the lot line for a specified distance, open and unobstructed except for activities
and facilities allowed therein by this title.
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1. “Front yard” means a yard measured into a lot from the front lot line, extending the full
width of the lot between the side lot lines intersecting the front lot line.
2. “Rear yard” means a yard measured into a lot from the rear lot line, extending between
the side yards; provided that for lots having no defined rear lot line, the rear yard shall be
measured into the lot from the rearmost point of the lot depth to a line parallel to the front
lot line.
3. “Side yard” means a yard measured into a lot from a side lot line, extending between the
front yard and rear lot line.
Z. “Z” Definitions:
None.
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CHAPTER 19.12 – ADMINISTRATION
Section
19.12.010 Purpose and intent.
19.12.020 Applicability of Regulations.
19.12.030 Approval Authority.
19.12.050 Authority of the Design Review Committee.
19.12.040 Authority of the Director of Community Development.
19.12.060 Authority of the Planning Commission.
19.12.070 Authority of the City Council.
19.12.080 Application Process.
19.12.090 Action by Director.
19.12.100 Decision
19.12.110 Noticing.
19.12.120 Action by Director of Community Development — Administrative.
19.12.130 Action by Design Review Committee and Planning Commission.
19.12.140 Action by City Council.
19.12.150 Notice of Decision and Reports.
19.12.160 Effective date.
19.12.170 Appeals
19.12.180 Expiration, Extension and Revocation.
19.12.010 Purpose and intent.
The purpose and intent of the Administration section is to establish procedures for the discretionary
review of development in the city in order to ensure that new development and changes to existing
developments comply with city development requirements and policies. This chapter establishes the
procedures for review of applications before the approval authorities for each type of project and the
process for appeals of any requirement, decision or determination made by any Approval Body.
19.12.020 Applicability of Regulations.
Except as otherwise provided in this section, Development Review is required for all zoning map
and text amendments, new construction, modifications to building exteriors or site improvements,
and changes in Land Use, including, but not limited to, the following:
A. In the A, A1, R1 and RHS Zones, the following activities:
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1. Conditional uses in accord with Chapter 19.20, Chapter 19.24, Chapter 19.28, Chapter,
19.32, Chapter 19.36, Chapter 19.40 and Chapter 19.44;
2. Removal of protected trees identified in Chapter 14.18;
3. Projects in R1 zones identified in Section 19.28.040;
4. Height Exceptions identified in Section 19.24.070(B)(3);
5. Hillside Exceptions identified in Section 19.44.070 and Chapter 19.48;
6. Parking Exceptions identified in Chapter 19.124;
7. Fence Exceptions identified in Chapter 19.48
8. Variance to all other zoning regulations
B. In R2, R3, R1C and all Commercial, Industrial, Office, Planned Community Districts and other
non-residential zoning districts:
1. New structures or property development, including signs and sign programs.
2. Building additions, exterior modifications to existing structures including signs and sign
programs, and site changes (including, but not limited to, new or modified landscaping, tree
removals, fencing, changes to parking lot space striping or circulation);
3. Changes in property or building use that involve exterior modifications;
4. Exceptions or modifications to the development's required and/or existing parking;
5. Conditional uses in accord with Chapter 19.60, Chapter 19.64, Chapter 19.68, Chapter
19.72, Chapter 19.76, Chapter 19.80, Chapter 19.84, Chapter 19.88, Chapter 19.92, Chapter
19.96, Chapter 19., Chapter 19.128, Chapter 19.116, Chapter 19.132, Chapter 19.136;
19.12.030 Approval Authority
Table 19.12.030 shows the approval authority, Noticing Radius, Expiration Date and Extension
Dates for different types of Permits.
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Table 19.12.030: Approval Authority
Type of Permit or Decision A, B Administrative
Review
Design
Review
Committee
Planning
Commission
City
Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing
Radius D
Posted
Site
Notice
Expiratio
n Date E
Chapter/
Findings
General Plan Amendment
Major F - - R F PH 300’ Yes - CA. Govt.
Code Minor G - - R F PH 300’ Yes -
Zoning Map Amendments
Major F - - R F PH 300’ Yes - 19.152.020
Minor G - - R F PH 300’ Yes - 19.152.020
Zoning Text Amendments - - R F PH 300’ - - 19.152.030
Specific Plans - - R F PH 300’ - - 20.04.030
Development Agreements - - R F PH 300’ Yes - 19.144.120
Development Permits
Major F, H - - F/R A1/F PM 300’ Yes 2 years 19.156.050 Minor G F - A1 A2 PM 300’ Yes 2 years
Conditional Use Permits
Major F, H, I F - A1/F/R A1/A2/F PH 300’ Yes 2 years 19.156.050 Minor G, I F - A1/F/R A1/A2/F PH 300’ Yes 2 years
Temporary F - A1 A2 - None No
1 year
19.160.030
Density Bonus (Residential) R F Based on concurrent application 19.52
Adult-Oriented Commercial
Activity (CUP) - R F PH 300’ Yes 2 years
19.128.030
&
19.128.040
Architectural and Site Approval
Major J F - A1 A2 PM Adjacent Yes 2 years 19.168.030 Minor K F - A1 A2 PM Adjacent Yes 2 years
Amendment
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Type of Permit or Decision A, B Administrative
Review
Design
Review
Committee
Planning
Commission
City
Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing
Radius D
Posted
Site
Notice
Expiratio
n Date E
Chapter/
Findings
Major F, H - - F A1 PM/PH 300’ Yes 2 years 19.44,
19.156,
19.164 Minor G F - A1 A2 PM/PH 300’ Yes 2 years
Minor Modification F - A1 A2 - None No 2 years 19.164
Hillside Exception/ Height
Exception / Heart of the City
Exception I
- - F A1 PH 300’ Yes 2 years
19.40.080,
19.24.070,
19.136.090
Variance F - A1 A2 PH 300’ Yes 2 years 19.156.060
Status of non-conforming Use - - F A1 PH 300’ Yes - 19.140.110
Wireless Antennas I F - F/ A1 A2 Varies I 300’ Yes 2 years 19.136.090
Signs
Permits F - A1 A2 - None No 1 year 19.104
Neon, Reader board &
Freeway Oriented Signs I - F F A1 L PM 300’ No 1 year 19.104
Programs F - A1 A2 - None No 1 year 19.104
Exceptions I - F - A1 L PM Adjacent Yes 1 year 19.104.290
Parking Exceptions I F F A1 A1 L /A2 Varies M Adjacent/3
00’ N Yes 1 year 19.124.050
Fence Exceptions - F - A1 L PM Adjacent Yes 1 year 19.48.060
Front Yard Interpretation F - A1 A2 PM Adjacent Yes 1 year 19.08
R1 Ordinance Permits
Two-story I F F F/A1 A1 L /A2 Varies I Adjacent Yes 1 year 19.28.140
Minor Residential F - A1 A2 CP Adjacent No 1 year 19.28.140
Exceptions I - F - A1 L PM Adjacent Yes 1 year 19.28.140
Protected Trees
Tree Removal F - A1 A2 CP Adjacent Yes 1 year 14.18.180
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Type of Permit or Decision A, B Administrative
Review
Design
Review
Committee
Planning
Commission
City
Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing
Radius D
Posted
Site
Notice
Expiratio
n Date E
Chapter/
Findings
Heritage Tree Designation &
Removal - - F A1 PM 300’ Yes - 14.18
Tree Management Plan F - A1 A2 - None No - 14.18
Retroactive Tree Removal F - A1 A2 - None No - 14.18
Reasonable Accommodation F - A1 A2 - None No 1 year 19.52.050
Extensions O
Parking, Fence & Sign
Exceptions & Front Yard
Interpretations
F - A1 A2 - None No 1 year
Neon, Reader board &
Freeway Oriented Signs F A1 A2 - None No 1 year
Two Story Permits, Minor
Residential Permits and
Exceptions
F A1 A2 - None No 1 year
Tree Removals F - A1 A2 - - No 1 year
All other projects F - A1 A2 - None No 2 years 19.12
Key:
Notes:
A. Permits can be processed concurrently with other applications, at the discretion of the Director of Community Development.
R—Review and recommendation body F — Final decision-making body unless appealed
A1 —Appeal Body on first appeal A2 — Appeal body on second appeal
PH – Public Hearing PM – Public Meeting
CP – Comment Period
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B. Projects with combined applications shall be processed at the highest level of approval in conformance with Section 19.04.090.
C. Public Hearing: Projects types that need noticing pursuant to the CA Government Code; Public Meeting: Project types that need only a
mailed notice and no newspaper notices; Comment Period: Project types that need only a mailed notice and do not need a public hearing
or public meeting.
D. Noticing Radius of an application in a combined application shall correspond to the maximum noticing radius required for any one of
the applications.
E. Expiration date of an application in a combined application shall correspond to the maximum expiration date allowed for any one of the
development applications (not including Subdivision Map Act applications, General Plan Amendments and Zoning Map or Text
Amendments.)
F. Major General Plan Amendment, Conditional Use Permit, Development Permit application - for more than ten thousand square feet of
commercial and/or industrial and/or office and/or other non-residential use, or greater than six residential units
G. Minor General Plan Amendment, Conditional Use Permit, Development Permit application - for ten thousand square feet or less of
commercial and/or industrial and/or office and/or other non-residential use, or six or less residential units.
H. City Council review for applications with new development greater than fifty thousand square feet of commercial, and/or greater than
one hundred thousand square feet of industrial and/or office and/or other non-residential use, and/or greater than fifty residential units.
Planning Commission review for all other applications.
I. Please see specific zoning district regulations or chapters in this title that apply to the subject property or project for approval authority.
J. Major Architectural and Site Approval application - architectural and site approval for all projects that are not a Minor Architectural and
Site Approval application.
K. Minor Architectural and Site Approval application - single family home in a planned development zoning district, minor building
architectural modifications, landscaping, signs and lighting for new development, redevelopment or modification in such zones where
review is required and minor modifications of duplex and multi-family buildings.
L. Appeals of Design Review Committee decisions shall be heard by the City Council.
M. Parking Exceptions approved by the Director of Community Development need a comment period.
Parking Exceptions approved by the Design Review Committee need a public meeting.
N. Parking Exceptions in Single-family residential (R1) zones and Duplex (R2) zones need adjacent noticing.
All other Parking Exceptions need notices within three hundred feet of the exterior boundary of the subject property.
O. Application must be filed prior to expiration date of permit. Permit is extended until decision of the Approval Body on the extension.
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19.12.040 Authority of the Director of Community Development.
Subject to the provisions of this chapter and general purpose and intent of this title, the authority
of the Director of Community Development is as follows:
A. Grant any permits which are authorized to be issued by the Director pursuant to Section
19.12.030 and any other provisions of this code;
B. Grant parking exceptions for projects that are reviewed in conjunction with permits which
are authorized to be issued by the Director of Community Development pursuant to Section
19.12.030;
C. Grant a variance from site development regulations and parking and loading regulations
(except those handicapped parking regulations mandated by State law) applicable within
any zoning district established by this title;
D. Grant a variance from the special conditions of approval that apply to site development and
parking and loading regulations (including conditions attached to planned developments)
applicable within any zoning district established by this title.
E. Grant a request for reasonable accommodation made by any person with a disability, when
the strict application of the provisions within residential districts acts as a barrier to fair
housing opportunities, pursuant to Chapter 19.52.
F. Make reasonable interpretations of the regulations and provisions of this title, and any
chapter therein, consistent with the legislative intent. Persons aggrieved by an
interpretation of the Director of Community Development may petition the Planning
Commission in writing for review of the interpretation.
G. May refer an application to another Approval Body for review, decision or
recommendation.
19.12.050 Authority of the Design Review Committee.
Subject to the provisions of this chapter and general purpose and intent of this title, the authority
of the Design Review Committee is as follows:
A. Grant any permits and exceptions which are authorized to be issued by the Design Review
Committee pursuant to Section 19.12.030 and any other provisions of this code;
B. Grant parking exceptions for projects that are in conjunction with permits which are
authorized to be issued by the Design Review Committee pursuant to Section 19.12.030.
19.12.060 Authority of the Planning Commission.
Subject to the provisions of this chapter and general purpose and intent of this title, the authority
of the Planning Commission is as follows:
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A. Grant any permits which are authorized to be issued by the Planning Commission pursuant
to Section 19.12.030 and any other provisions of this code;
B. Grant parking exceptions for projects that are in conjunction with permits which are
authorized to be issued by the Planning Commission pursuant to Section 19.12.030;
C. Make recommendations to the City Council on applications in which it is a recommending
body; and
D. Decide on appeals of decisions pursuant to Section 19.12.030.
19.12.070 Authority of the City Council.
Subject to the provisions of this chapter and general purpose and intent of this title, the authority
of the City Council is as follows:
A. Grant any permits which are authorized to be issued by the City Council pursuant to Section
19.12.030 and any other provisions of the code;
B. Decide on appeals of decisions pursuant to Section 19.12.030.
19.12.080 Application Process
The following provisions outline the requirements for the filing of applications for permits,
entitlements, amendments, and approvals. Unless otherwise specified in this title, all applications
for permits, entitlements, amendments and approvals required by this title shall be filed in
compliance with this section.
Applications for permits, permit modifications, amendments and other matters pertaining to this
Chapter shall be filed with the Director of Community Development with the following:
A. An application for permit may be made by the owner of record, his or her agent, lessee(s)
of property, or person(s) who have contracted to purchase or lease property contingent
upon their ability to acquire the necessary permit under this title and who have written
authorization from the property owner to make an application.
B. Application shall be made on a form provided by the City, and shall contain the
following, unless waived by the Director of Community Development based on the scope
of the proposed project:
1. A complete legal description of the subject property and map showing the location of
the property for which the permit is sought;
2. A preliminary title report of the subject property;
3. The proposed site development plan indicating: the location of all buildings and
structures; the location and types of land uses; paved areas, such as roadways,
driveways and walkways; and general landscaping scheme;
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4. Architectural drawings of the proposed development, building additions or other
structures. Drawings shall indicate building height, colors, materials, window
treatment and other architectural features;
5. Maps showing the locations of buildings;
6. Renderings showing building heights and square footages;
7. Maps showing the precise location of roads, streets, alleys and access points;
8. A traffic analysis, if required;
9. A construction plan,
10. Any property/development with a Homeowner’s Association (HOA) or Architectural
Review Board (ARB) shall provide a letter of approval from said HOA Board or
ARB.
11. The Director of Community Development may reasonably require additional
information which is pertinent and essential to the application.
12. Zoning Map or Text Amendments shall also include information required per Chapter
19.152.
a. Zoning applications for Planned Development Zoning Districts shall also include
information required per Section 19.80.040;
b.Zoning applications for Multi-Family (R3) Residential shall also include
information required per Section 19.36.040; and
c. Zoning applications for Residential Single-family Cluster (R1C) initiated by a
property owner, or his or her designee, shall also include items identified in
Section 19.44.050H.
13. Planned Development Permit and Development Permit applications shall also include
information required per Section 19.156.010:
14. Conditional Use Permits and Variances shall also include information required per
Section 19.156.020.
15. Density Bonus Permit applications shall also include information required per Section
19.56.060.
16. Conversion of Apartment Projects to Common Interest Developments applications
shall also include information required per Section 19.116.050.
17. Sign Permit Applications should also include information required per Section
19.104.040.
C. Application shall be accompanied by the fee prescribed by City Council resolution, no
part of which shall be returnable to the applicant.
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19.12.090 Action by Director.
Upon receipt of an application for a permit, the Director of Community Development shall:
A. Within thirty days determine whether the application is complete or needs additional
information and shall inform the applicant.
B. Not later than a period stipulated in Section 19.12.100, Decision, below:
1. Set a date for a public hearing or public meeting upon the matter at a regular or
special meeting of the approval authority for the project for applications that require a
public hearing or public meeting, or
2. Send notice in accord with the requirements of 19.12.110(D) for applications that do
not need a public hearing or public meeting.
19.12.100 Decision
Unless postponed or continued with the mutual consent of the Director of Community
Development and the applicant and written confirmation from the applicant, a decision shall be
rendered:
1. No later than sixty (60) days following the date the application is deemed complete and
either categorically exempt under the California Environmental Quality Act (CEQA) or the
adoption of a negative declaration or one hundred and eighty (180) days of certification of
an Environmental Impact Report (EIR).
2. Notwithstanding the above, no later than one hundred and fifty (150) days upon receipt of
a complete application for a new personal wireless communication facility or ninety (90)
days upon receipt of an application for collocation of a personal wireless communication
facility/antennas.
19.12.110 Noticing.
A. Notice of Public Hearing: Noticing shall be provided in the following manner for
applications that need a public hearing:
1. Notice of hearing shall be given by publication once in a local newspaper of general
circulation not less than ten days prior to the date of the hearing as provided in Section
65090 of the California Government Code;
2. The City shall mail written notice by first class mail to:
a. Each owner of record of real property within the noticing radius per Section
19.12.030 of the exterior boundary of the property for which the application is made
as the owner of record is shown in the last tax assessment roll pursuant to Section
65091 of the California Government Code;
b. Owner(s) of subject site or his or her authorized agent
c. Project applicant(s)
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d. Local agencies expected to provide water, sewage, streets, roads, schools or other
essential facilities or services to the proposed project;
e. Any individual or entity that has filed a written request with the City Clerk requesting
notification of public hearings
3. If the number of owners to whom notice would be mailed or delivered pursuant to
subsection A2 above is greater than one thousand, in lieu of mailed or delivered notice,
the Director may provide published notice as provided in Government Code Section
65091(3).
4. The notice shall contain the following:
a. The exact address of the property, if known, or the location of the property, if the exact
address is not known;
b. The date on which action on the application will be taken;
c. A brief description, the content of which shall be in the sole discretion of the City, of
the proposed project;
d. Reference to the application on file for particulars;
e. A statement that any interested person, or agent thereof, may contact the city for
additional information and/or plans.
Typographical and/or publishing errors shall not invalidate the notice nor any City action
related to the notice.
B. Notice of Public Hearing for Zoning Text Amendments:
1. For amendments to zoning regulations: Notice of such hearing (publication) shall be
given in the manner prescribed in Section 19.12.110 A(1) of this chapter.
2. For amendments to permitted uses of real property: Notice (mailing or publication) shall
be given pursuant to Sections 19.12.110 A(2) or A(3), as the case may be.
C. Notice of Public Meeting: For projects requiring notice of a public meeting, notice shall be
mailed in accord with 19.12.110A(2) or A(3), as the case may be, at least ten days prior to
the date of the meeting date.
D. Notice of Comment Period: For projects requiring notice of a comment period, notice shall
be mailed in accord with 19.12.110A(2) and A(5), fourteen calendar days prior to the date of
action on the application.
1. For permits issued pursuant to Chapter 19.28, Single Family Residential, the mailed
notice shall include a copy of the site plan and elevation plans of the proposed project.
2. For permits issued pursuant to Chapter 14.18, Protected Trees, the mailed notice shall
include a copy of the site plan and tree replacement/mitigation plan.
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E. The City may also give notice of public hearings/public meetings in any other manner it
deems necessary or desirable. If the Director of Community Development believes the
project may have impacts beyond the range of the mailed notice, particularly on nearby
residential areas, the Director, in his or her discretion, may expand noticing beyond the stated
requirements in Section 19.12.030.
Compliance with the procedures set forth in this section shall constitute a good-faith effort to
provide notice, and the failure to provide notice, and the failure of any to receive notice, shall
not prevent the City from proceeding with a hearing, meeting or from taking any action nor
affect the validity of any action.
F. Posted Site Notice:
3. Applicants shall install notice(s) on the subject site that is/are clearly visible from the
street in accord with the requirements of Table 19.12.030.
a. Applicants must install a public notice in the front yard of the subject site.
b. For all applications other than Two Story Permits, Residential Design Review and
Tree Removal applications in R1 or R2 zones, if the subject site has more than one
property line abutting a street, the applicant may be required to install more than one
notice.
4. The notice shall be a weatherproof sign, at least 2 feet tall and 3 feet wide, firmly
attached to a 5 foot tall post.
5. The notice shall be placed at least 14 days prior to the decision/public hearing and shall
remain in place until an action has been taken on the application and the appeal period
has passed.
6. The notice shall contain the following:
a. The exact address of the property, if known, or the location of the property, if the
address is not known;
b. A brief description of the proposed project, the content of which shall be at the sole
discretion of the City;
c. City contact information for public inquiries;
d. A deadline for the submission of public comments;
e. If proposing a physical alteration to an existing building or new buildings, at least one
of the following visual representations of the proposed project:
i. A color perspective drawing or three-dimensional (3-D) photographic simulation of
the proposed project, in a size deemed appropriate by the Director of Community
Development.
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ii. For Two Story Permits and Residential Design Review applications, a color or
black and white perspective drawing or three-dimensional (3-D) photographic
simulation of the proposed project, at least 11 inches by 17 inches in size.
iii. Visual Representation is not required for applications that do not have a material
change in the physical appearance of the property.
19.12.120 Action by Director of Community Development — Administrative.
A. For applications requiring Administrative approval with a public meeting, public hearing or
comment period, the Director of Community Development or his or her designee may, subject to
the requirements of Section 19.12.100, Decision,:
1. Issue his or her decision at the conclusion of the public meeting, public hearing or comment
period;
2. Continue the item for additional public hearings, public meetings or comment period; or
3. Defer action by taking the item under advisement and issuing the decision no later than thirty
(30) days following the public meeting, public hearing or comment period.
No additional noticing is required if a project is continued.
B. For applications where a public meeting or public hearing is required to be held before the
Director of Community Development, the meeting shall be held in the same manner as a
Design Review Committee meeting.
19.12.130 Action by Design Review Committee and Planning Commission.
A. For applications where the Design Review Committee or Planning Commission is the Approval
Body, it shall render a decision, which is supported by the evidence contained in the application
or presented at the meeting, at the meeting, or at a subsequent meeting after conclusion of the
public hearing or public meeting, subject to the requirements of Section 19.12.100, Decision.
B. For zoning map amendments, on the basis of evidence and testimony presented to the Planning
Commission at the public hearing, the Planning Commission may determine that the public interest
will be served, either by revising the area being considered for reclassification to include properties
not originally part of the application, or by giving consideration to district classifications not
originally requested by the application. The Planning Commission may, solely at its option,
consider additional properties or district classifications, or both.
C. For applications requiring City Council approval, the reviewing body shall forward its written
findings, determinations and recommendation to the City Council for final action, subject to
the requirements of Section 19.12.100, Decision.
19.12.140 Action by City Council.
A. Upon receipt of a recommendation of the reviewing body, the City Council may by resolution
approve, modify, or disapprove the recommendation of the reviewing body, subject to the
requirements of Section 19.12.100, Decision.
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B. Upon final approval of a zoning or prezoning application, the City Council shall enact an
ordinance zoning or prezoning the subject property or properties, incorporating within the
ordinance:
1. A Conceptual development plan, if required, and
2. Conditions of approval.
C. For a Development Agreement, the City Council shall enact an ordinance that shall refer to
and incorporate the text of the Development Agreement by reference.
D. For applications requiring City Council approval, the City Council shall issue its decision at
the conclusion of the public hearing or public meeting.
19.12.150 Notice of Decision and Reports.
A. Notice of decision:
1. The decision for applications approved with a public meeting or public hearing shall be
mailed to the property owner and applicant at the address shown on the application.
2. The decision for applications approved with a notice period shall be mailed to the property
owner and the applicant at the address shown on the application and any person who has
commented on the proposed project within the notice period.
3. The decision shall contain the following:
a. Applicable findings;
b. Any reasonable conditions or restrictions deemed necessary to secure the purpose of
this title and to assure operation of the development and/or use in a manner compatible
with existing and potential uses on adjoining properties and in the general vicinity; and
c. Reporting/monitoring requirements deemed necessary to mitigate any impacts and
protect the health, safety and welfare of the city.
4. The decision of the Director of Community Development, Design Review Committee or
Planning Commission shall be final unless appealed in accord with Section 19.12.170,
Appeals. A decision of the City Council shall be final.
B. Reports: The Director of Community Development shall endeavor to forward reports, within
five calendar days from the date of the decision, to the:
1. Planning Commission and the City Council of a decision by the Director of Community
Development
2. Planning Commission and the City Council of a decision by the Design Review
Committee.
3. City Council of a decision by the Planning Commission.
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19.12.160 Effective date.
A. A permit approved by the City Council shall take effect ten days following the date that the
findings are adopted.
B. Specific Plans, General Plan Amendments, Zoning Ordinance/Map Amendments, and
Development Agreements shall become effective thirty (30) days following the final date of
action (e.g., adoption) by the City Council.
C. All other permits shall take effect fourteen calendar days following the date that the findings
are adopted by the appropriate Approval Body, unless an appeal is filed as provided in Section
19.12.170.
19.12.170 Appeals
A. An appeal may be filed by any person, firm or corporation aggrieved or affected by any grant,
denial, modification or revocation of any permit, or any determination or interpretation related to
any provision of this title.
B. Filing:
1. An appeal shall be in writing on forms prescribed by the City and shall be filed during regular
office hours with the City Clerk within fourteen calendar days after the City decision or if a notice
of decision is not required, from the date of the decision or determination, under this title. An
appeal not filed within such time shall be barred. The appeal shall state the grounds and basis
thereof.
2. Appeals under this chapter are subject to an appeal fee as prescribed by resolution of the City
Council.
C. Noticing: Notice of hearing shall be given in the same manner in which the original notice
was given. If a project with no noticing is appealed, appropriate noticing shall be determined by
the Director of Community Development.
D. Appeal hearing body shall be determined in accord with Section 19.12.030, Approval
Authority.
E. Decision of the appeal hearing body: The decision or determination of the appeal hearing
body on any appeal shall be final and effective immediately.
F. Notice of Decision: Notice of the appeal hearing body’s decision shall be mailed to the
original applicant, to the person filing the appeal, and to any other person who has filed a written
request with the City Clerk.
19.12.180 Expiration, Extension and Revocation.
A. Expiration.
1. Approval on a permit or variance shall become null and void and of no effect, within the
time frame specified in Section 19.12.030 following its issuance, unless a shorter or longer time
period is specifically prescribed in the conditions of permit or variance, unless:
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a. A building permit is filed and accepted by the City (fees paid and control number issued.)
In the event that a building permit expires for any reason, the permit shall become null and void.
b. The permit or variance has been used A permit or variance shall be deemed to be "used"
when actual substantial and continuous activity has taken place upon the land subject to the
permit or variance or, in the event of the erection or modification of a structure or structures,
when sufficient building activity has occurred and continues to occur in a diligent manner.
2. Notwithstanding subsection 1 of this section, if the use for which a conditional use
permit was granted and utilized has ceased or has been suspended for one year or more, the
permit becomes null and void.
3. Unless a variance or exception has expired pursuant to subsection 1 of this section, it
shall continue to exist for the life of the existing structure or such structure as may be constructed
pursuant to the approval unless a different time period is specified in its issuance. A variance or
exception from the parking and loading regulations, and a sign exception shall be valid only
during the period of continuous operations of the use and/or structure for which the variance or
exception was issued.
B. Extensions. A permit or variance may, in accord with Section 19.12.030, Approval
Authority, be extended for the time frame specified in Section 19.12.030, upon timely submittal
of an application with the Director of Community Development prior to expiration.
C. 1. Revocation. In any case where, in the judgment of the Director, substantial evidence
indicates that the conditions of a permit or variance have not been implemented, or where the
permit or variance is being conducted in a manner detrimental to the public health, safety, and
welfare, the Director shall set a date for a public hearing before the decision maker granting the
original permit or variance, and notice a public hearing in accordance with Section 19.12.110,
Noticing, of this code.
2. Findings: A permit may be revoked or modified if any one of the following findings can be
made:
i. That the permit was obtained by misrepresentation or fraud;
ii. That the improvement, use or activity authorized in compliance with the permit had ceased
or was suspended for one year or more;
iii. That one or more of the conditions of the permit have not been met; or
iv. That the owner or occupant of the property is conducting the use or any associated or other
use of the property in violation of the law.
v. In the case of revocation of a sign permit, the sign was abandoned for a period of thirty
days.
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CHAPTER 19.16: DESIGNATIONS AND ESTABLISHMENT OF DISTRICTS
Section
19.16.010 Zoning Districts Designated.
19.16.020 References to Districts.
19.16.030 Zoning Map and District Boundaries.
19.16.040 Areas Not Shown on Zoning Map.
19.16.050 Use and Interpretation of Zoning Map.
19.16.060 Application of Regulation to Sites Divided by Zone Boundaries.
19.16.010 Zoning Districts Designated.
The several classes of general districts into which the City is divided are designated as
follows:
Zoning Map Designation and District Name Chapter Number
A Agricultural Zone 19.16
A-1 Agricultural-Residential Zone 19.20
R-1 Single-Family Residential Zone 19.28
R-2 Residential Duplex District 19.32
R-3 Multi-Family Residential Zone 19.36
RHS Residential Hillside District 19.40
R1C Residential Single-Family Cluster Zone 19.44
P Planned Development Zone 19.48
CG General Commercial Zone 19.56
ML Light Industrial Zone 19.60
BA Public Building Zone 19.64
T Transportation Zone 19.64
BQ Quasi Public Building Zone 19.64
FP Private Recreation District 19.68
O-A Administrative and Professional Office District 19.76
(Ord. 1601, Exh. A (part), 1992) 19.16.020 References to Districts.
Reference within the title to residential districts generally and as a grouping, includes all districts
identified in the section. Where references are made to more restrictive or less restrictive
residential districts, such references shall apply sequentially between the most restrictive and the
least restrictive.
Residential District Restrictive Reference
Most Restrictive
RHS
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R1C
R-1
R-2
R-3
Least Restrictive
(Ord. 1601, Exh. A (part), 1992)
19.16.030 Zoning Map and District Boundaries.
A. The boundaries of districts established by this title shall be shown upon the zoning map. The
zoning map, and all amendments, changes, and extensions thereof, and all legends, symbols,
notations, references, and other matters shown thereon shall be a part of this title.
B. The zoning map, as currently effective, and a record of all amendments, changes and
extensions thereof, shall be maintained as a public record in the office of the Director of
Community Development.
C. The boundaries of each district as shown upon the zoning map, or amendments thereto, are
adopted by the ordinance codified in this title, and the specific regulations established by this
title for each general district and all other regulations applicable therein as set forth in this title
are established and declared to be in effect upon all lands included within the boundaries of each
and every district as shown upon the zoning map.
(Ord. 1601, Exh. A (part), 1992)
19.16.040 Areas Not Shown on Zoning Map.
All lands now or hereafter included within the incorporated territory of the City, which are
not included within a general district shown on the zoning map of the City or are not shown as
prezoned to a general district in accord with applicable provisions of this title, shall constitute R-
1 single-family residence districts.
(Ord. 1601, Exh. A (part), 1992)
19.16.050 Use and Interpretation of Zoning Map.
The following rules shall apply in the determination of the boundaries of any district shown
on the zoning map:
A. Where boundaries are indicated as approximately following street and alley lines, or other
identifiable boundary lines, such lines shall be construed to be the district boundary. Where such
boundaries are indicated as within street or alley lines, or within identifiable rights-of-way or
creeks, the centerline thereof shall be the district boundary.
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B. In unsubdivided property, and where a district boundary divides a lot, the location of the
district boundary, unless the same is indicated by dimensions, shall be determined by use of the
scale appearing on the zoning map.
C. A symbol, or symbols, indicating the classification of property on a zoning map shall in each
instance apply to the whole of the area within the district boundaries.
D. Where a public street, alley or right-of-way is officially vacated or abandoned, the regulations
applicable to this abutting property shall apply equally to each half of such vacated or abandoned
street, alley or right-of-way.
E. Should any uncertainty remain as to the location or meaning of a boundary or other feature
indicated upon a zoning map, said location or meaning shall be determined by the Director of
Community Development.
(Ord. 1601, Exh. A (part), 1992)
19.16.060 Application of Regulation to Sites Divided by Zone Boundaries.
Whenever it is found, pursuant to Section 19.28.050, that a lot or site is divided by a boundary
between districts, the provisions of the zoning regulations applicable within each district shall
apply to each portion of this site situated in a separate district.
(Ord. 1601, Exh. A (part), 1992)
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CHAPTER 19.20 - PERMITTED, CONDITIONAL AND EXCLUDED USES IN AGRICULTURAL AND RESIDENTIAL
ZONES
Section
19.20.010 Applicability of Regulations
19.20.020 Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones
19.20.010 Applicability of Regulations
No building or structure or land shall be used in an A, A-1, R-1, RHS, R1C, R-2, or R-3 zoning district, otherwise than in
conformance with the provisions of this chapter.
19.20.020 – Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones
Table 19.20.020 sets forth the Permitted, Conditional and Excluded Uses in Agricultural and Residential zones
Table 19.20.020 – Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones
Zoning Districts A A-1 R-1 RHS R1C R-2 R-3 Uses
1. Agriculture, horticulture, viticulture and forestry, including the following
and similar uses: P P - - - - -
a. Field and truck crops, including drying and storage, P P - - - - -
b. Orchards and vineyards, including bottling and storage, P P - - - - -
c. Tree farms, botanical conservatories and arboreta, P P - - - - -
d. Barns and sheds, P P - - - - -
e. Keeping of draft animals, animals providing products used on the
property, and household pets, P P - - - - -
f. Livestock ranches and dairy farms depending mainly on grazing on the
property, P CUP -
PC - - - - -
g. Processing of dairy products produced on the property, P CUP -
PC - - - - -
h. Poultry raising and hatcheries, P CUP -
PC - - - - -
i. Apiaries, P CUP -
PC - - - - -
j. Nurseries, greenhouses and landscaping gardens, P CUP -
PC - - - - -
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Zoning Districts A A-1 R-1 RHS R1C R-2 R-3 Uses
k. Boarding kennels, CUP -
PC
CUP -
PC - - - - -
l. Animal breeding; P CUP –
Admin. - - - - -
2. Fur farms - CUP -
PC - - - - -
3. Retail sale of wine, fruit or berries produced on the property; CUP -
CC
CUP -
CC - - - - -
4. Single-family dwelling unit with not more than one dwelling unit per
lot/defined air space for condominiums; P P P P P - -
5. Two-story structures in an area designated for a one-story limitation
pursuant to Section 19.28.060 G(6) of this chapter, provided that the
Planning Commission determines that the structure or structures will not
result in privacy impacts, shadowing, or intrusive noise, odor, or other
adverse impacts to the surrounding area;
- - CUP -
PC - - - -
6. Residences of farm workers and their families whose primary employment
is incidental and necessary to agricultural operations conducted on the
same parcel of land on which such residences are located;
P P - - - - -
7. Two-family use under one ownership; - - - - - P -
8. A second dwelling unit which conforms to the procedures, standards and
requirements of Chapter 19.64 except for a second dwelling unit requiring
a conditional use permit;
P P P P - - -
9. Second dwelling units which require a conditional use permit pursuant to
Chapter 19.84; - - CUP –
Admin.
CUP –
Admin. - - -
10. Multiple-family residential dwellings - - - - - - P
11. Accessory facilities and uses customarily incidental to permitted uses and
otherwise conforming with the provisions of Chapter 19.80 of this title; P P P P - P P
12. Utility facilities essential to provision of utility services to the
neighborhood but excluding business offices, construction or storage yards,
maintenance facilities, or corporation yards;
- - P - - P CUP –
CC
13. Temporary buildings for construction purposes (including trailers) for a
period not to exceed the duration of such construction; - - - - - - P
14. Riding academies, commercial stables, and the boarding of horses; CUP -
CC
CUP -
CC - - - - -
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Zoning Districts A A-1 R-1 RHS R1C R-2 R-3 Uses
15. Noncommercial stables, and the keeping of riding horses; the number of
horses on each lot at any time shall be limited to three except that
additional foals may be retained for a period of six months;
P P - - - - -
16. Noncommercial stables for riding horses in excess of the number permitted
by #16 above of this chapter;
CUP -
PC
CUP -
PC - - - - -
17. Home occupations, when accessory to permitted use and otherwise
conforming to the provisions of Chapter 19.120 of this title and subject to
any conditional use permit requirements of that chapter;
P P P P P P P
18. Home occupations requiring a conditional use permit pursuant to Chapter
19.92 of this title;
CUP –
Admin.
CUP –
Admin.
CUP –
Admin.
CUP –
Admin. - CUP –
Admin.
CUP –
Admin.
19. Small-family day care home per dwelling unit; P P P P P P P
20. Large-family day care home per dwelling unit, which meets the parking
criteria contained in Chapter 19.124, and which is at least three hundred
feet from any other large-family day care home. The Director of
Community Development or his or her designee shall administratively
approve large day care homes to ensure compliance with the parking and
proximity requirements;
- P P P - P -
21. Large-family day care home, which otherwise does not meet the criteria for
a permitted use. The conditional use permit shall be processed as provided
by Section 1597.46 (3) of the State of California Health and Safety Code;
- CUP –
Admin.
CUP –
Admin.
CUP –
Admin. - CUP –
Admin.
CUP –
Admin.
22. Child day care facilities - - - - - - CUP –
PC
23. Residential care facility that is licensed by the appropriate State, County
agency or department with six or less residents, not including the provider,
provider family or staff;
P P P P P P P
24. Residential care facility, in each dwelling unit, that is not required to obtain
a license by the State, County agency or department and has six or less
residents, not including the provider, provider family or staff;
CUP -
PC
CUP -
PC
CUP -
PC
CUP -
PC
CUP –
PC *
CUP -
PC
CUP –
PC
25. Residential care facility, in each dwelling unit, that has the appropriate
State, County agency or department license and seven or greater residents,
not including the provider, provider family or staff, is a minimum distance
of five hundred feet from the property boundary of another residential care
facility;
CUP -
PC
CUP -
PC
CUP -
PC
CUP -
PC
CUP –
PC *
CUP -
PC
CUP –
PC
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Zoning Districts A A-1 R-1 RHS R1C R-2 R-3 Uses
26. Residential care facility, in each dwelling unit, that is not required to obtain
a license by the State, County agency or department and has seven or
greater residents, not including the provider, provider family or staff, is a
minimum distance of five hundred feet from the property boundary of
another residential care facility;
CUP -
PC
CUP -
PC
CUP -
PC
CUP -
PC
CUP –
PC *
CUP -
PC
CUP –
PC
27. Residential care homes in each dwelling unit - - - - - CUP –
PC -
28. Congregate residence, in each dwelling unit, with ten or less residents; P P P P P P P
29. Congregate residence, in each dwelling unit, with eleven or more residents
which is a minimum distance of one thousand feet from the boundary of
another congregate residence and has a minimum of seventy-five square
feet of usable rear yard area per occupant.
CUP -
PC
CUP -
PC
CUP -
PC
CUP -
PC
CUP –
PC *
CUP -
PC
CUP –
PC
30. Group home with six or fewer persons with continuous twenty four hour
care P P P P P P P
31. Group home with greater than six persons; - - CUP -
PC - - - -
32. Transitional and supportive housing. P P P P P P P
33. Horticulture, gardening, and growing of food products. - - P - - - -
34. Horticulture, gardening, and growing of food products for consumption by
occupants of the site and limited to a maximum of ten percent of the lot
area.
- - - - - - P
35. Crop, tree or horticultural farming for personal use. Produce grown on the
site may be sold if the business activity is conducted in a manner consistent
with the home occupation ordinance;
- - - P - - -
36. Crop, tree or horticultural farming for commercial purposes; - - - CUP –
Admin. - - -
37. Limited commercial recreation uses, such as riding clubs and related
stables and trails, golf courses, swimming and picnic grounds, - - - CUP -
PC - - -
38. Golf courses and driving ranges; CUP -
CC
CUP -
CC - - - - -
39. Commercial swimming pools and picnic areas; CUP -
CC
CUP -
CC - - - - -
40. Temporary uses subject to regulations established by Chapter 19.156 CUP –
Admin.
CUP –
Admin.
CUP –
Admin.
CUP –
Admin. - CUP –
Admin.
CUP –
Admin.
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Zoning Districts A A-1 R-1 RHS R1C R-2 R-3 Uses
41. Buildings or structures which incorporate solar design features that require
variation from setbacks upon a determination by the Director that the
design feature, or features, will not result in privacy impacts, shadowing, or
intrusive noise, odor, or other adverse impacts to the surrounding area.
CUP –
Admin.
CUP –
Admin. - CUP –
Admin. - - -
42. Transmission lines, transformer stations, television and radio towers, and
other public utility and communication structures;
CUP -
PC
CUP -
PC - - - - -
43. The keeping of a maximum of four adult (over 4 months of age) household
pets per dwelling unit, provided that no more than two adult dogs or cats
may be kept on the site;
- - P - - P P
44. The keeping of one litter of dogs or cats up to four months of age. - - P - P P P
45. Household pets limited to one animal per three thousand square feet of lot
area, except:
- - - P † - - - a. Adult dogs are limited to a maximum of two for lots less than one acre
and four for lots greater than one acre,
b. The number of geese, ducks, chickens, rabbits and other farm animals are
not limited on a site greater than one acre,
46. Small household pets - - - P † - - -
47. Large animals, such as horses, cows, sheep, and goats, limited as follows,
provided no animals are kept, maintained and raised for commercial
purposes:
- - - P † - - - a. Two large animals for the first 40,000 square feet of land area, except
mules and donkeys which require 80,000 square feet for the first animal,
b. One additional large animal for each 20,000 square feet of land area,
c.
One additional large animal if said animal is raised for a 4H project, a
project sponsored by a recognized agricultural organization or a school
project,
48. The keeping of any animal not otherwise permitted above: #45, 46 and 47 - - - CUP –
Admin. - - -
49. Cemeteries, crematoriums, mausolea, and columbariums CUP -
CC
CUP -
CC - - - - -
50. Mines, quarries and gravel pits; CUP -
CC
CUP -
CC - - - - -
51. Guest ranches; CUP -
CC
CUP -
CC - - - - -
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Zoning Districts A A-1 R-1 RHS R1C R-2 R-3 Uses
52. Public and quasi-public buildings and uses. CUP -
CC
CUP -
CC - - - - -
53. Hog farms; Ex Ex - - - - -
54. Cattle farms mainly depending upon feed brought onto the property; Ex Ex - - - - -
55. Slaughterhouses, fertilizer yards, feed yards, boneyards or plants for the
reduction of animal matter; Ex Ex - - - - -
56. Commercial feed sales; Ex Ex - - - - -
57. Other semiagricultural uses mainly depending upon raw materials,
semifinished products, or feed brought on to the property; Ex Ex - - - - -
58. Other agricultural uses which, in the opinion of the Director of Community
Development, create a private or public nuisance. Ex Ex - - - - -
Key:
P – Permitted Use
- – Not Allowed
CUP – Admin.
–
Conditional Use Permit issued by the Director of Community Development
CUP – PC – Conditional Use Permit issued by the Planning Commission
CUP – CC – Conditional Use Permit issued by the City Council
* May be permitted in locations where the use is compatible with existing and planned uses within the
development area in the opinion of the Director of Community Development,
† The required lot area for a large animal shall not be included in the required lot area for a household pet or vice
versa, except that a maximum of two household pets may be kept with large animals,
All animals must be kept and maintained in accordance with other Cupertino or Santa Clara County codes and
ordinances,
Ex - Excluded Uses
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CHAPTER 19.24: AGRICULTURAL (A) AND AGRICULTURAL-RESIDENTIAL (A-1)
ZONES
Section
19.24.010 Purpose.
19.24.020 Applicability of Regulations.
19.24.030 Permitted, Conditional and Excluded Uses.
19.24.040 Site Development Regulations.
19.24.050 Building Development Regulations.
19.24.010 Purpose.
Agricultural (A) zones are intended to preserve agriculture or forestry activities in areas suited to
that purpose, and to include therein incidental residential development of a rural character.
Agricultural-residential (A-1) zones are intended to preserve agriculture or forestry activities in
areas suited to that purpose, and to include therein residential development of a semi-rural
character. (Ord. 2056, (part), 2010; Ord. 1601, Exh. A (part), 1992)
19.24.020 Applicability of Regulations.
A. No building or structure or land shall be hereafter erected, structurally altered, or enlarged in
an agricultural (A) zone or agricultural-residential (A-1) zone, otherwise than in conformance
with the provisions of this chapter.
B. Notwithstanding the above, request for reasonable accommodation may be made by any
person with a disability, when the strict application of the provisions in this chapter, act as a
barrier to fair housing opportunities, pursuant to Chapter 19.50.
(Ord. 1601, Exh. A (part), 1992)
19.24.030 Permitted, Conditional and Excluded Uses.
Permitted, Conditional and Excluded Uses that may be conducted from property zoned
agricultural (A) or agricultural-residential (A-1), are identified in Section 19.20.020, Permitted,
Conditional and Excluded Uses in Agricultural and Residential Zoning Districts.
19.24.040 Site Development Regulations.
A. Lot Area Zoning Designations. Minimum lot area shall correspond to the number (multiplied
by one thousand square feet) following the A zoning symbol. Examples:
B. Minimum Lot Area:
Zoning Symbol Number Minimum Lot Area Square Feet
A/A1 215 215,000
A 400 400,000
A1 43 43,000
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Agricultural (A) Zones Agricultural-Residential (A-1)
Zones
1. Minimum
Lot size
215,000 square feet (with or
without incidental residential use)
215,000 square feet (with no
incidental residential use)
2. Incidental
residential use
43,000 square feet per dwelling unit. Dwelling units in farm labor
camps for temporary laborers, and second dwelling units shall not be
counted for the purpose of determining required lot area under this
section.
C. Required Lot Shape. Each lot in an A zoning district shall have such shape that a square with
a side of two hundred feet can be inscribed in this lot.
19.24.050 Building Development Regulations.
Table 19.24.050 sets forth the regulations for building development in Agricultural (A) and
Agricultural-Residential (A-1) Zoning Districts
Table 19.24.050: Building Development Regulations.
Agricultural (A) Agricultural-Residential (A-1)
A. Lot Coverage, Floor Area Ratio and Building Setbacks
1. Lot Coverage 40% of net lot area 40% of net lot area
2. Floor Area Ratio - 45%
3. Minimum Setbacks
a. First Floor:
i. Front-yard 30 feet 30 feet
ii. Side-yard 20 feet 20 feet
iii. Rear-yard 25 feet 20 feet
b. Second Floor:
i. Front-yard 30 feet 30 feet
ii. Side-yard 20 feet 20 feet
iii. Rear-yard 25 feet 25 feet
c. Second-story Decks and Patios:
i. Front-yard 22 feet 17 feet
ii. Side-yard 20 feet 20 feet
iii. Rear-yard 25 feet 25 feet
B. Height of Principal Buildings and Structures
1. Maximum Height * 28 feet
2. Zoning districts with
“i” suffix ** Limited to one story (not to exceed 18 feet)
3. Exception for
Hillside Areas
Planning Commission may approve heights greater than 28 feet upon
making all the following findings:
a. The subject property is in a hillside area and has an average slope of
ten percent or greater;
b. Topographical features of the subject property make an exception to
the standard height restrictions necessary or desirable;
- 184 -
Agricultural (A) Agricultural-Residential (A-1)
c. In no case, shall the maximum height exceed thirty-five feet for a
principal structure or twenty feet for an accessory structure;
d. In no case, shall the maximum height of a structure located on a
prominent ridgeline, as defined by Section 19.40.050(G) relating to RHS
zoning districts, on or above the four-hundred-fifty-foot contour, exceed
twenty feet.
C. Permitted Yard Encroachments
1. Extension of a Legal
Non-conforming Wall
Plane
a. Where a building legally constructed according to existing yard and
setback regulations at the time of construction encroaches upon present
required first floor setbacks, one encroaching side of the existing
structure may be extended along existing building lines.
b. Only one such extension shall be permitted for the life of the building.
c. Encroachments into a required yard which are the result of the granting
of a variance may not be further extended.
d. Further encroachment into a required setback is not allowed. I.e., a
non-conforming setback may not be further reduced.
d. In no case shall any wall plane of a first-story addition be placed closer
than three feet to any property line.
2. Architectural Features a. May extend into a required yard a distance not exceeding three feet.
b. No architectural feature, or combination thereof, whether a portion of
a principal or accessory structure, may extend closer than three feet to
any property line.
D. Accessory Structures
(including attached patio
covers)
As allowed by Chapter 19.100, Accessory Buildings/Structures
E. Solar Design The setback and height restrictions provided in this chapter may be
varied for a structure utilized for passive or active solar purposes,
provided that no such structure shall infringe upon solar easements or
adjoining property owners. Variation from the setback or height
restrictions of this chapter may be allowed only upon issuance of a
Administrative Conditional Use Permit subject to Chapter 19.12.
Notes:
* - Fireplace chimneys, antennae, or other appurtenances are excluded from the restriction.
** - Pertains to all buildings in a designated area as prescribed by the City Council by
affixing the designation “i” to the zoning district symbol.
185
CHAPTER 19.28: SINGLE-FAMILY RESIDENTIAL (R1) ZONES
Section
19.28.010 Purposes.
19.28.020 Applicability of Regulations.
19.28.030 Permitted, Conditional and Excluded Uses.
19.28.040 Permits Required for Development.
19.28.050 Zoning Districts Established.
19.28.060 Site Development Regulations.
19.28.070 Building Development Regulations.
19.28.080 Eichler (R1-e) Building Design Requirements.
19.28.090 Development Regulations - (R1-a).
19.28.100 Permitted Yard Encroachments.
19.28.110 Single-Family Residential Design Guidelines and Principles
19.28.120 Landscape Requirements.
19.28.130 Exceptions.
19.28.140 Findings.
19.28.010 Purposes.
R-1 single-family residence districts are intended to create, preserve and enhance areas suitable for
detached dwellings in order to:
A. Enhance the identity of residential neighborhoods;
B. Ensure provision of light, air and a reasonable level of privacy to individual residential parcels;
C. Ensure a reasonable level of compatibility in scale of structures within residential neighborhoods;
D. Reinforce the predominantly low-intensity setting in the community.
(Ord. 2039, (part), 2009; Ord. 1954, (part), 2005; Ord. 1868, (part), 2001; Ord. 1860, §1 (part), 2000; Ord.
1834, (part), 1999; Ord. 1601, Exh. A (part), 1992)
19.28.020 Applicability of Regulations.
A. No building, structure or land shall be used, and no building or structure shall be hereafter erected,
structurally altered or enlarged in an R-1 single-family residence district other than in conformance with
the provisions of this chapter and other applicable provisions of this title.
B. Reasonable Accommodation: Notwithstanding 19.28.020(A) above, a request for reasonable
accommodation may be made by any person with a disability, when the strict application of the provisions
in this chapter, acts as a barrier to fair housing opportunities, pursuant to Chapter 19.52.
- 186 -
(Ord. 2039, (part), 2009; Ord. 1954, (part), 2005; Ord. 1860, §1 (part), 2000; Ord. 1834, (part), 1999; Ord. 1601, Exh. A (part), 1992)
19.28.030 Permitted, Conditional and Excluded Uses.
Permitted, Conditional and Excluded Uses that may be conducted from property zoned Single Family Residential (R1), are identified
in Section 19.20.020, Permitted, Conditional and Excluded Uses in Agricultural and Residential Zoning Districts.
19.28.040 Permits Required for Development.
Table 19.28.040 sets forth the planning permits required for development in the Single-Family Residential district.
Planning permit required
prior to building permit
application
Approval
authority
Type of Project
A. None
Admin.
One-story project that does not require exception or variance from the requirements of this
ordinance
B. Minor Residential Permit,
pursuant to Chapter 19.12,
Administration
1. One-story encroachment into a required rear yard setback, subject to requirements of
Section 19.28.070
2. One-story extension of an existing side yard nonconforming building wall line, subject
to requirements of Section 19.28.100 in all districts except R1-a
3. One-story project with a gable end of a roof enclosing an attic space projecting outside
the building envelope , subject to requirements of Section 19.28.070 or 19.28.080
4. New or expanded second story deck or balcony with views into neighboring residential
side or rear yards in all districts except R1-a
5. Any active or passive solar structure that requires variation from the setback or height
restrictions of this chapter, provided that provided that no such structure shall infringe
upon solar easements or adjoining property owners
6. One or two-story addition or new home on a sloped single-family residential lot with
development on building pads/graded areas with actual slopes equal to or greater than
20% and with total floor area ratio of all structures on the lot greater than 35%
C. Director’s Minor
Modification, pursuant to
Chapter 19.12,
Administration
Encroachment of porch elements into the required front yard setback in the R1-a zone,
subject to the requirements of Section 19.28.100.
- 187 -
Planning permit required
prior to building permit
application
Approval
authority
Type of Project
D. Two-Story Permit, pursuant
to Chapter 19.12,
Administration
Two-story addition or new two-story home in all districts that do not require Residential
Design Review per Section 19.28.040 (E) except in an R1-a zone.
E. Residential Design Review,
pursuant to Chapter 19.12,
Administration Admin. with
design review
Two-story addition or new two-story home in all districts except R1-a where:
1. Second floor to first floor area ratio is greater than 66%, except any second to first floor
ratio for development on building pads/graded areas with actual slopes equal to or
greater than 20%; and/or
2. Where second story side yard setback(s) are less than 15 feet to any interior side
property line
DRC with
design review
Two-story addition, new two-story home, and/or second story deck in the R1-a zone
F. Exception, pursuant to
Chapter 19.12,
Administration & Section
19.28.130, Exceptions
DRC
One or two-story project requesting an exception from Sections 19.28.070 [Development
Regulations (Building)], 19.28.080 [Eichler R1-e Building Design Requirements], and/or
19.28.110 [Landscape Requirements].
G. Hillside Exception, pursuant
to Chapter 19.12,
Administration
PC
Development (area greater than 500 square feet) on slopes greater than 30%
H. Architectural and Site
Approval, pursuant to
Chapters 19.12,
Administration
One or two-story addition or new home on a sloped single-family residential lot with
development on building pads/graded areas with actual slopes equal to or greater than 20%
and where the cut plus fill of the site exceeds 2,500 cubic yards
I. Conditional Use Permit,
pursuant to Chapters 19.12,
Administration
Two-story addition or new two-story home in an R1 zoning district with an “i” suffix
19.28.050 Zoning Districts Established.
Table 19.28.050 sets forth the zoning districts established.
Zoning Designation Zoning Definition
- 188 -
R1-X Single Family Residential District- Minimum lot area corresponds to the number (X), multiplied by 1,000 square
feet
R1-Xi Single Family Residential District Restricted to One Story (not to exceed 18 feet high)- [minimum lot area
corresponds to the number (X), multiplied by 1,000 square feet preceding the ‘i’ symbol]
R1-6e Single Family Residential Eichler District (6,000 minimum lot area)
R1-a Single Family Residential District with Semi-Rural Characteristics (10,000 square foot minimum lot area)
19.28.060 Site Development Regulations .
Table 19.28.060 sets forth the rules and regulations for site development in the Single-Family Residential District.
R1-5 R1-6, 7.5, 8, 10, 20, etc., and R1-6e R1-a
A. Minimum net lot
area 1
5,000 square feet the number multiplied by 1,000
square feet
10,000 square feet
B. Minimum lot
width (at the front
setback line)
50 feet 60 feet 75 feet
C. Landscaping See Chapter 14.15, Landscape Ordinance Landscaping plans are required for all
additions or new homes. The purpose
of the landscaping is to beautify the
property and to achieve partial
screening of building forms from the
street and adjacent properties.
Generally, the landscaping may
include shrubbery, hedges, trees, or
lattice with vines on fences.
D. Development proposed on building pads /graded area with slopes equal to or greater than 20%
1. Total site
grading (cut plus
fill) 2, 3
2,500 cubic yards maximum. Projects that exceed the maximum quantity shall require Architectural and Site
Approval per Section 19.28.040 (H).
2. Fences See Chapter 19.48, Fence Ordinance
E. Development
(structures,
improvements, or
Limited to 500 square feet. Development greater than 500 square feet shall be subject to a Hillside Exception by
the Planning Commission in accordance with section 19.40.080 of the RHS Ordinance.
- 189 -
R1-5 R1-6, 7.5, 8, 10, 20, etc., and R1-6e R1-a
grading) on actual
slopes ≥ 30%
Notes:
1 Lots, which contain less area than required by its zoning designation, but not less than 5,000 square feet, may nevertheless be used as
building sites, provided that all other applicable requirements of this title are fulfilled.
2 Maximum grading quantity includes grading for the building pad, yard areas, driveway, and all other areas requiring grading, but does
not include basements. The graded area shall be limited to the building pad area to the greatest extent possible. Grading quantities for
multiple driveways are divided equally among the participating lots, e.g. two lots sharing a driveway will divide the driveway grading
quantity in half. The divided share will be charged against the grading quantity allowed for that lot development.
3 All cut and fill areas shall be rounded to follow the natural contours and planted with landscaping that meets the following requirements:
i. A landscape plan shall be prepared that addresses measures to prevent soil erosion and to screen cut and fill slopes.
ii. A tree planting plan shall be prepared for the site which will screen grading areas, and residential structures, to the greatest
possible extent, as well as to reintroduce trees on barren slopes which were denuded by prior agricultural activities.
iii. Landscape improvements shall meet the requirements as established in the Landscape Ordinance, Chapter 14.15.
iv. Landscape improvements shall be installed prior to final occupancy unless such installation is impracticable, in which case, the
applicant shall post a bond, cash, or other security to ensure installation within an 18-month period from occupancy. All such
landscape areas shall be properly maintained.
19.28.070 Building Development Regulations.
Table 19.28.070 sets forth the rules and regulations for principal building development on properties zoned R1-5, 6, 7.5, 8, 10, 20 etc.,
and R1-6e in the Single-Family Residential District.
R1-5 R1-6, 7.5, 8, 10, 20, etc., and R1-6e
A. Maximum lot coverage 1. 45% of the net lot area
a. An additional 5% is allowed for roof overhangs, patios, porches, and other
similar features not enclosed on by walls on at least three (3) sides
B. Maximum floor area ratio 1. 45% of the net lot area
C. Maximum second to first floor ratio 1. No limit
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R1-5 R1-6, 7.5, 8, 10, 20, etc., and R1-6e
a. See Sections 19.28.040 (D) and (E)(1) for permitting requirements. Homes
subject to design review shall comply with the design review principles in
Section 19.28.110 (C).
D. Interior areas (measured from the
floor to the top of roof rafters) with
heights > 16 feet
1. Floor area shall be double-counted as follows:
a. For one-story homes, the floor area shall be double-counted as first floor area.
b. For two-story homes, the floor area shall be counted once each for first floor and
second floor area
E. Minimum first floor setbacks
1. Front yard
a. Minimum setback 20 feet
b. Side entering garage with curved
driveway
15 feet. No more than two (2) 15-foot setbacks shall occur side by side.
c. Three-car garage For projects with three-car garages oriented to the public right of way, the wall plane of
the third space shall be setback a minimum of two (2) feet from the wall plane of the
other two (2) spaces.
2. Side yard - For lots that have more
than two side yards, the setback shall
be consistent for all side yards
between the front property line and
rear property line
a. Interior lot 5 feet
on
both
sides
15 feet combined (no side yard setback shall be less than 5 feet)
b. Corner lot
i. Interior Side 5 feet
ii. Street Side 12 feet
3. Rear yard a. 20 feet
i. May be reduced to 10 feet, with a Minor Residential Permit, subject to Chapter
19.12, if, after the reduction, the useable rear yard area is not less than 20 times the
lot width as measured from the front setback line.
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R1-5 R1-6, 7.5, 8, 10, 20, etc., and R1-6e
F. Minimum second floor setbacks
1. Front yard 25 feet
2. Side yard
a. Interior Lot 25 feet combined (no side yard setback shall be less than 10 feet)
i. See Section 19.28.040 (E)(2) for permitting requirements. Homes subject to design
review shall comply with the design review principles in Section 19.28.110 (C).
b. Corner lot 25 feet combined side yard setback (no side yard setback shall be less than 10 feet)
i. Interior Side 10 feet but not less than 20 feet from the rear property line of an adjacent single family
dwelling
i. See Section 19.28.040 (E)(2) for permitting requirements. Homes subject to design
review shall comply with the design review principles in Section 19.28.110 (C).
ii. Street Side 12 feet
c. Flag lot 20 feet from any property line
3. Rear yard 25 feet
G. Minimum setbacks for second story decks, patios, balconies, or any other similarly unenclosed features. All new or expanded
second story decks with views into neighboring residential side or rear yards shall file for a Minor Residential Permit in accordance
with Chapter 19.12, in order to protect the privacy of adjoining properties. The goal of this permit requirement is not to require
complete visual protection but to address privacy protection to the greatest extent while still allowing the construction and use of an
outdoor deck.
1.Front yard 20 feet (may encroach up to 3 feet into the required front yard setback)
2. Side yard 15 feet
3. Rear yard 20 feet
H. Corner triangle No portion of a structure shall be located within a corner triangle
I. Basements
1. Number, size, and volume of
lightwells
Shall be the minimum required by the California Building Code for egress, light, and
ventilation, except that in the case of a single-story house with a basement, one lightwell
may be up to 10 feet wide and 10 feet long.
2. Minimum setback for lightwell retaining wall
a. Side yard 5 feet
b. Rear yard 10 feet
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R1-5 R1-6, 7.5, 8, 10, 20, etc., and R1-6e
3. Lightwell railings Maximum height of 3 feet. The fence shall be located immediately adjacent to the
lightwell
4. Lightwell screening Lightwells that are visible from a public street shall be screened by landscaping.
5. Root barrier measures The perimeter of the basement and all lightwell retaining walls shall be treated and/or
reinforced with the most effective root barrier measures as determined by the Director of
Community Development.
J. Maximum height
1. Total principal building height 28 feet, no more than two stories
2. Zoning Districts with “i” suffix1 Limited to one story (not to exceed 18 feet)
3. First floor building envelope a. The maximum exterior wall height and building height on single-story structures and
single-story sections of two-story structures must fit into the building envelope defined
by:
i. A 10 foot high vertical line from natural grade measured at the property line; and
ii. A 25 degree roof line angle projected inward at the 10 foot high line referenced
above;
b. Notwithstanding the building envelope, a gable end of a roof enclosing an attic space
may have a maximum wall height of 17 feet to the peak of the roof as measured from
natural grade, or up to 20 feet with a Minor Residential Permit, per section 19.28.140.
4. Entry feature height 14 feet from natural grade to top of plate
K. Solar Design The setback and height restrictions provided in this chapter may be varied for a structure
utilized for passive or active solar purposes, provided that no such structure shall
infringe upon solar easements or adjoining property owners. Variation from the setback
or height restrictions of this chapter may be allowed only upon issuance of a Minor
Residential Permit subject to Chapter 19.12.
Note:
1 Pertains to all buildings in a designated area limited to one story in height (not exceeding 18 feet) as prescribed by the City Council
by affixing the designation “i” to the zoning district symbol.
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19.28.080 Eichler (R1-e) Building Design Requirements.
R1-e single-family residential "Eichler districts" protect a consistent architectural form through the establishment of district site
development regulations. Nothing in these regulations is intended to preclude a harmonious two-story home or second story addition.
The following building design requirements shall be met for development in the R1-e district:
A. Entry features facing the street shall be integrated with the roofline of the house.
B. The maximum roof slope is 3:12 (rise over run).
C. Wood or other siding material located on walls facing a public street (not including the garage door) shall incorporate vertical
grooves, up to 6 inches apart.
D. The building design shall incorporate straight architectural lines, rather than curved lines.
E. The first floor shall be no more than 12 inches above the existing grade.
F. Exterior walls located adjacent to side yards shall not exceed 9 feet in height measured from the top of the floor to the top of the
wall plate.
19.28.090 Development Regulations–(R1-a).
R1-a districts are intended to reinforce the semi-rural setting in neighborhoods with large lots. Variation from the R1-a regulations
shall require a Variance pursuant to Chapter 19.124 of the Cupertino Municipal Code in the R1-a district.
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Table 19.28.090 sets forth the rules and regulations for building development in the R1-a district.
R1-a
A. Maximum lot coverage Refer to Section 19.28.070 (A)
B. Maximum total floor area
ratio
Refer to Section 19.28.070 (B)
C. Maximum second to first floor
area ratio
1. 40% of the existing or proposed first floor area, except as
follows:
a. A second floor may be at least 750 square feet in area
b. In no case shall a second floor be more than 1,100 square
feet in area
D. Interior areas (measured from
the floor to the top of roof
rafters) with heights > 16 feet
Refer to Section 19.28.070 (D)
E. Minimum setbacks (measured from property line)
First floor Second floor
1. Front yard
a. Minimum setback 30 feet 30 feet
b. Side entering garage with
curved driveway
Refer to Section 19.28.070
(E)(1)(b)
-
2. Side Yard
a. Interior lot 10 feet both sides
35 feet combined (no side yard
setback shall be less than 15 feet)
b. Corner lot 25 feet combined side yard
setback
i. Interior side 10 feet 15 feet and must not be less than
20 feet from the rear property
line of an adjacent single family
dwelling
ii. Street side Refer to Section 19.28.070
(E)(2)(b)(ii)
Refer to Section 19.28.070
(F)(2)(b)(ii)
c. Flag lot - 20 feet from any property line
3. Rear yard 20 feet
40 feet
F. Second story design regulations
1. Second to first floor wall
plane
The second story shall not cantilever over a first story wall
plane.
2. Front-facing wall plane(s) The front-facing wall plane(s) of the second story must be
offset a minimum of 3 feet from the first story wall plane(s).
The intent of this regulation is to avoid a two story wall plane
on the front elevation.
G. Front Yard Paving 1. No more than 50% of the front yard setback area may be
covered with a combination of impervious or semi-pervious
surfaces.
2. No more than 40% of the front yard setback area may be
covered with an impervious surface such as concrete or
asphalt.
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R1-a
H. Corner triangle Refer to Section 19.28.070 (H)
I. Basements
1. Number, size, and volume of
lightwells
Refer to Section 19.28.070 (I)(1)
2. Minimum setbacks for lightwell retaining walls
a. Side Yard Refer to Section 19.28.070 (I)(2)(a)
b. Rear yard Refer to Section 19.28.070 (I)(2)(b)
3. Lightwell railings Refer to Section 19.28.070 (I)(3)
4. Lightwell screening Refer to Section 19.28.070 (I)(4)
5. Root barrier measures Refer to Section 19.28.070 (I)(5)
J. Maximum height
1. Total principal building
height
Refer to Section 19.28.070 (J)(1)
2. First floor building envelope a. The maximum exterior wall height and building height on
single-story structures and single-story sections of two-story
structures must fit into the building envelope defined by:
i. A 12 foot high vertical line from natural grade and
located 10 feet from property lines; and
ii. A 25 degree roof line angle projected inward at the
12 foot high line referenced above
3. Entry feature height See Single-Family Residential Design Guidelines, Section
19.28.110 (A)(6)
K. Minimum setbacks for second story decks, patios, balconies, or any other similarly
unenclosed features. Second story decks may only be located on the front and rear of the house. All
new or expanded second story decks with views into neighboring residential side or rear yards shall
file for a Minor Residential Permit in accordance with Chapter 19.12, in order to protect the privacy
of adjoining properties. The goal of this permit requirement is not to require complete visual
protection but to address privacy protection to the greatest extent while still allowing the construction
and use of an outdoor deck.
1. Front of house
a. Minimum setback to front
property line
30 feet
b. Minimum setback to side
property line
35 feet combined (no side yard setback shall be less than 15
feet)
2. Rear of house
a. Minimum setback to rear
property line
40 feet
b. Minimum setback to side
property line
35 feet combined (no side yard setback shall be less than 15
feet)
L. Solar Design Refer to Section 19.28.070 (K)
19.28.100 Permitted Yard Encroachments.
Table 19.28.100 sets forth the rules and regulations for permitted yard encroachments in the
Single-Family Residential district.
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Permitted Yard Encroachments
A. Extension of a
legal non-
conforming wall
line
1. Where a building legally constructed according to existing yard and
setback regulations at the time of construction, encroaches upon
present required yards and setbacks, one encroaching side yard
setback may be extended along its existing building lines if the
addition receives a Minor Residential Permit1 and conforms to the
following:
a. The extension or addition may not further encroach into any
required setback and the height of the existing non-conforming
wall and the extended wall may not be increased.
b. The maximum length of the extension is 15 feet.1
c. The extension of any wall plane of a first-story addition is not
permitted to be within 3 feet of any property line.
d. Only one such extension is permitted for the life of such
building.
2. This section applies to the first story only and shall not be construed
to allow the further extension of an encroachment by any building,
which is the result of the granting of a variance or exception, either
before or after such property become part of the City.
3. This section does not apply to attached accessory structures such as
attached carports.2
B. Architectural
Features (not
including patio
covers)
1. May extend into a required yard a distance not exceeding 3 feet.
2. No architectural feature, or combination thereof, whether a portion
of a principal or accessory structure, may extend closer than 3 feet to
any property line.
A. Porch post in the
R1-a zone
Posts for porches are allowed to encroach 2 feet into the required
front setback. See section 19.28.040 for permit requirements.
B. Low, open fencing
for porches in the
R1-a zone
Allowed to encroach 2 feet into the required front setback area. See
section 19.28.040 for permit requirements.
C. Porch platform
and roof overhang
in the R1-a zone
May encroach 5 feet into the required front setback. See section
19.28.040 for permit requirements.
D. Accessory
Structures
(including
attached patio
covers)
As allowed by Chapter 19.80, Accessory Structures
Notes:
1 Does not apply in the R1-a zone
2 Only applies to properties in the R1-a zone
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19.28.110 Single-Family Residential Design Guidelines and Principles.
Any new single-family residential house or addition to an existing house shall be generally
consistent with the adopted single-family residential guidelines in Sections 19.28.110 (A) and
(B).
A. Single-Family Residential Design Guidelines for all projects.1, 2
1. There should not be a three-car wide driveway curb cut.
2. No more than 50% of the front elevation of a house should consist of garage area.
a. In the R1-a zone, the maximum width of a garage on the front elevation should be 25
feet, which will accommodate a two-car garage. Additional garage spaces should be
provided through the use of a tandem garage or a detached accessory structure at the
rear of the property.2
3. Living area should be closer to the street, while garages should be set back more.
4. All roofs should have at least a one-foot overhang.
5. Porches are encouraged.
a. In the R1-a zone, the following porch design guidelines apply2:
i. When viewed from the street, a porch should appear proportionately greater in
width than in height. A porch differs from an entry element, which has a
proportionately greater height than its width.
ii. Structural supports should be designed such that the appearance is not obtrusive
or massive.
iii. The use of large columns or pillars is discouraged.
iv. The eave height for a front porch should not be significantly taller than the eave
height of typical single-story elements in the neighborhood.
v. Porch elements should have detailing that emphasizes the base and caps for posts
and fence elements.
6. In R1-6e and R1-a zones, entry features should not be higher than 14 feet from natural
grade to plate.2
B. Two-Story Design Guidelines.1, 2
1. The mass and bulk of the design should be reasonably compatible with the predominant
neighborhood pattern. New construction should not be disproportionately larger than, or
out of scale with, the neighborhood pattern in terms of building forms, roof pitches, eave
heights, ridge heights, and entry feature heights.
2. The design should use vaulted ceilings rather than high exterior walls to achieve higher
volume interior spaces.
3. Long, unarticulated, exposed second story walls should be avoided since it can increase
the apparent mass of the second story.
a. In the R1-a zone, all second story wall heights greater than 6 feet, as measured from
the second story finished floor, should have building wall offsets at least every 24
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feet, with a minimum 4 foot depth and 10 foot width. The offsets should comprise the
full height of the wall plane.2
4. The current pattern of side setback and garage orientation in the neighborhood should be
maintained.
5. When possible, doors, windows and architectural elements should be aligned with one
another vertically and horizontally and symmetrical in number, size and placement.
6. In the R1-a zone, windows on the side elevations should2:
a. Be fixed and obscured to a height of 5 feet above the second floor;
b. Have permanent exterior louvers to a height of 5 feet above the second floor; or
c. Have sill heights of 5 feet or greater to mitigate intrusion into a neighbor’s privacy.
C. Residential Design Review Principles.
Two-story homes subject to design review per Section 19.28.040 (E) (except in R1-a zones) shall
meet the residential design review principles below. The City of Cupertino Two-Story Design
Principles are attached hereto as Appendix A and are incorporated herein by this reference.
1. An identifiable architectural style shall be provided;
2. Design features, proportions and details shall be consistent with the architectural style
selected;
3. Visual relief deemed to be appropriate by the Director of Community Development shall
be provided;
4. Materials shall be of high quality;
5. Ensure building mass and scale;
6. Design with architectural integrity on all sides of the structure; and
7. The design shall reflect symmetry, proportion and balance.
Notes:
1Refer to the Eichler Design Handbook- Fairgrove Neighborhood for additional design
guidelines in the R1-6e zone.
2 Nonconformance with the design guidelines in the R1-a zone shall be considered acceptable
only if the applicant shows that there are no adverse impacts from the proposed project.
19.28.120 Landscape Requirements.
To mitigate privacy impacts and the visual mass and bulk of new two-story homes and additions,
tree and/or shrub planting is required. The intent of this section is to provide substantial
screening within three years of planting.
A. Applicability. These requirements shall apply to new two-story homes, second-story decks,
two-story additions, modifications to the existing second-story decks and/or new windows on
existing two-story homes that increase privacy impacts on neighboring residents.
1. These requirements shall not apply to:
a. Skylights
b. Windows with sills more than 5 feet above the finished second floor
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c. Obscured, non-openable windows
d. Windows with permanent exterior louvers to a height of 5 feet above the second
floor;
e. Non-operable windows with obscure glass to a height of 5 feet above the second
floor; and
f. When waivers have been obtained by all affected property owners
B. Planting Plan. Proposals for a new two-story homes, second-story decks, two-story additions,
modifications to the existing second-story decks, and/or new windows on existing two-story
homes shall be accompanied by a planting plan which identifies the location, species and
canopy diameter of existing and proposed trees or shrubs to meet the requirements in Section
19.28.120 (C) below.
C. Planting Requirements.
1. Front yard tree planting.
a. The tree shall be 24-inch box or larger, with a minimum height of 6 feet.
b. The tree shall be planted in front of new second stories in the front yard setback area.
i. In the R1-a zone, the tree shall be placed to where views from second story
windows across the street are partially mitigated.
c. The Director of Community Development may waive the front yard tree based on a
report from an internationally-certified arborist citing conflict with existing mature
tree canopies onsite or in the public right-of-way.
2. Privacy planting.
a. New trees and/or shrubs are required on the applicant’s property in an area bounded
by a 30-degree angle on each side window jamb.
i. The following is required for all side and rear yard-facing second story windows
in the R1-6e zone:
• Cover windows with exterior louvers to a height of 5 feet above the second
floor; or
• Obscure glass to a height of 5 feet above the second floor; or
• Have a window sill height of 5 feet minimum above the finished second floor
b. The Planning Division shall maintain a list of allowed privacy planting trees and
shrubs. The list includes allowed plant species, minimum size of trees and shrubs,
expected canopy or spread size, and planting distance between trees.
i. In the R1-a zone, the minimum height of privacy trees at the time of planting shall
be 12 feet.
ii. In the R1-a zone, privacy planting shall have a minimum setback from the
property line equivalent to one-quarter of the spread noted on the City list.
c. The trees and/or shrubs shall be planted prior to issuance of a final occupancy permit.
3. Waivers.
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a. New trees and/or shrubs are not required to replace existing front or privacy trees or
shrubs if an Internationally Certified Arborist or Licensed Landscape Architect
verifies that the existing trees/shrubs have the characteristics of privacy planting
species, subject to approval by the Director or Community Development.
b. Affected property owner(s) may choose to allow privacy planting on their own
property. In such cases, the applicant must plant the privacy screening prior to
issuance of a building permit.
c. The privacy mitigation measures may be modified in any way with a signed waiver
statement from the affected property owner. Modifications can include changes to the
number of shrubs or trees, their species or location.
4. Covenant. The property owner shall record a covenant with the Santa Clara County
Recorder’s Office that requires the retention of all privacy planting, or use of existing
vegetation as privacy planting, prior to receiving a final building inspection from the
Building Division. This regulation does not apply to situations described in subsection
(C)(3)(b) of this section.
5. Maintenance. The required plants shall be maintained. Landscape planting maintenance
includes irrigation, fertilization and pruning as necessary to yield a growth rate expected
for a particular species.
6. Replacement. Where required planting is removed or dies it must be replaced within
thirty days with privacy tree(s) of similar size as the tree(s) being replaced, unless it is
determined to be infeasible by the Director of Community Development
19.28.130 Exceptions.
Where results inconsistent with the purpose and intent of this chapter result from the strict
application of the provisions hereof, exceptions to sections 19.28.070, 19.28.080, and 19.28.110
may be granted by the Design Review Committee. The specific procedural requirements shall
follow Chapter 19.12, Administration.
19.28.140 Findings.
Sections 19.28.140 (A), (B), (C), (D), and (E) set forth the findings required for a Minor
Residential Permit, Two-Story Permit, Residential Design Review, and R1 Exception approval.
A. Minor Residential Permit Findings.
1. The project is consistent with the Cupertino General Plan, any applicable specific plans,
zoning ordinances and the purposes of this title.
2. The granting of the permit will not result in a condition that is detrimental or injurious to
property or improvements in the vicinity, and will not be detrimental to the public health,
safety or welfare.
3. The proposed project is harmonious in scale and design with the general neighborhood.
4. Adverse visual impacts on adjoining properties have been reasonably mitigated.
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B. Two-Story Permit Findings.
1. The project is consistent with the Cupertino General Plan, any applicable specific plans,
zoning ordinance and the purposes of this title.
2. The granting of the permit will not result in a condition that is detrimental or injurious to
property or improvements in the vicinity, and will not be detrimental to the public health,
safety or welfare.
3. The proposed project is harmonious in scale and design with the general neighborhood.
4. Adverse visual impacts on adjoining properties have been reasonably mitigated.
C. Residential Design Review Findings.
1. The project is consistent with the Cupertino General Plan, any applicable specific plans,
zoning ordinance and the purposes of this title.
2. The granting of the permit will not result in a condition that is detrimental or injurious to
property or improvements in the vicinity, and will not be detrimental to the public health,
safety or welfare.
3. The project is harmonious in scale and design with the general neighborhood.
4. The project is consistent with the two-story design principles and generally consistent
with the single-family residential design guidelines.
5. Adverse visual impacts on adjoining properties have been reasonably mitigated.
D. Residential Design Review Findings, R1-a zone.
1. The project is consistent with the Cupertino General Plan and Title 19 of the Cupertino
Municipal Code.
2. The granting of this permit will not result in detrimental or injurious conditions to the
property or improvements in the vicinity, or to the public health, safety, or welfare.
3. The project is generally compatible with the established pattern of building forms,
building materials, and designs of homes in the neighborhood.
4. The project is generally compatible with the City’s single-family residential design
guidelines and the guidelines in this chapter and any inconsistencies have been found to
not result in impacts on neighbors.
5. Significant adverse visual and privacy impacts as viewed from adjoining properties have
been mitigated to the maximum extent possible.
E. R1 Exception Findings.
1. The literal enforcement of this chapter will result in restrictions inconsistent with the
spirit and intent of this chapter.
2. The proposed development will not be injurious to property or improvements in the area,
nor be detrimental to the public safety, health and welfare.
3. The exception to be granted is one that will require the least modification of the
prescribed design regulation and the minimum variance that will accomplish the purpose.
4. The proposed exception will not result in significant visual impact as viewed from
abutting properties.
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CHAPTER 19.32: RESIDENTIAL DUPLEX (R-2) ZONES
Section
19.32.010 Purpose.
19.32.020 Applicability of Regulations.
19.32.030 Permitted, Conditional and Excluded Uses.
19.32.040 Permits Required for Development.
19.32.050 Site Development Regulations.
19.32.060 Building Development Regulations.
19.32.010 Purpose.
The residential duplex zoning district is intended to allow a second dwelling unit under the
same ownership as the initial dwelling unit. The residential duplex district is intended to increase
the variety of housing opportunities in within the community while maintaining the existing
neighborhood character.
(Ord. 1601, Exh. A (part), 1992)
19.32.020 Applicability of Regulations.
A. No building, structure or land shall be hereafter erected, structurally altered or enlarged in an
R-2 residential duplex district other than in conformance with the provisions of this chapter and
other applicable provisions of this title.
B. Reasonable Accommodation: Notwithstanding 19.32.020(A) above, a request for reasonable
accommodation may be made by any person with a disability, when the strict application of the
provisions in this chapter, acts as a barrier to fair housing opportunities, pursuant to Chapter
19.52.
(Ord. 2056, (part), 2010; Ord. 1601, Exh. A (part), 1992)
19.32.030 Permitted, Conditional and Excluded Uses.
Permitted, Conditional and Excluded Uses that may be conducted from property zoned
Residential Duplex (R-2), are identified in Section 19.20.020, Permitted, Conditional and
Excluded Uses in Agricultural and Residential Zoning Districts.
19.32.040 Permits Required for Development.
No building, structure or sign shall be erected, structurally altered, or enlarged, nor shall any
landscaping or parking plan be implemented or modified in an R-2 zone, without permits
pursuant to Chapter 19.12 and 19.168 of the municipal code.
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19.32.050 Site Development Regulations.
Table 19.32.050 sets forth the rules and regulations pertaining to the site development of
property zoned residential duplex (R-2). Table 19.32.050: Site Development Regulations.
A. Lot size:
1. Minimum lot size 8,500 square feet
2. Minimum lot size by zoning
district symbol:
Lot area shall correspond to the number (multiplied by two
thousand square feet) following the R-2 symbol.
Example: R2-4.25: Minimum lot size of 8,500 square feet
(4.25 * 2,000 s.f.)
A. Alternative standards to 19.32.060 (A)
1. Legal non-conforming lots Existing legal lots of record must be ≥ 7,500 square feet and
fulfill all other applicable requirements of this title.
2. If 50% of more of net lot
area is adjacent to a
curvilinear street
Reduction in minimum lot size of no more 5% of the net lot
area is permitted
B. Lot Width at building setback line
1. Minimum width 70 feet
2. Lots with 9,000 square
feet or more and which
front a cul-de-sac
60 feet
19.32.060 Building Development Regulations.
Table 19.32.060 sets forth the rules and regulations pertaining to the development of structures
on property zoned residential duplex (R-2).
Table 19.32.060 Building Development Regulations.
A. Maximum Lot Coverage by
all permanent buildings
40% of net lot area
B. Maximum Height
a. Buildings Two stories, not exceeding 30 feet
b. Zoning districts with “i”
suffix *
Limited to one story (not to exceed 18 feet)
c. Accessory Structures Limited to one story (not to exceed 15 feet) and must
comply with all other regulations in Chapter 19.100
C. Fences Must comply with regulations in Chapter 19.48
D. Parking Must comply with regulations in Chapter 19.124
E. Minimum Setbacks
First Floor Second Floor
a. Front Yard
i. Minimum Setback 20 feet 20 feet
ii. Side entering garage
with curved driveway
15 feet 20 feet
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b. Side yard
i. Interior side 20% of lot width measured at front
setback line and not less than six
feet
At least three feet
more than first floor
setback
ii. Street side 12 feet 15 feet
c. Rear yard 20 feet or no less than 20% of the
lot depth, whichever is greater. May
be reduced to 10 feet provided that
the required rear-yard setback area
is no less than eight hundred fifty
square feet or twenty times of the
lot width.
20% of lot depth
F. Second Story Decks and Patios Minimum Setbacks
a. Front Yard - 17 feet
b. Side Yard - 15 feet
c. Rear Yard - 20 feet
G. Permitted Encroachments into a required yard setback area
a. Cornices, canopies,
coves, decks (more than
18 inches above finished
grade) and other
architectural features
No more than 2 feet 6 inches No more than 2 feet 6
inches
b. Unenclosed patio covers
in a rear-yard
As allowed by Chapter 19.100
(Accessory Structures)
-
Notes:
* - Pertains to all buildings in a designated area as prescribed by the City Council by
affixing the designation “i” to the zoning district symbol.
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CHAPTER 19.36: MULTIPLE-FAMILY RESIDENTIAL (R-3) ZONES
Section
19.36.010 Purpose.
19.36.020 Applicability of Regulations.
19.36.030 Permitted, Conditional and Excluded Uses.
19.36.040 Development Plan Required.
19.36.050 Permit Required for Development.
19.36.060 Site Development Regulations.
19.36.070 Building Development Regulations.
19.36.010 Purpose.
The purpose of this chapter is to provide a zoning district permitting multiple-family
residential uses and to establish the regulations pertaining thereto. These regulations are intended
to guide future multiple-family residential development and ensure a healthy functional
environment for future residents within the proposed development and for and between adjoining
parcels.
(Ord. 1601, Exh. A (part), 1992)
19.36.020 Applicability of Regulations.
A. No building, structure or land shall be used, and no building or structure shall be hereafter
erected, structurally altered or enlarged in a multiple-family residential (R-3) zoning district,
otherwise than in conformance with the provisions of this chapter and other applicable
provisions of this title.
B. Reasonable Accommodation: Notwithstanding 19.36.020 (A) above, a request for reasonable
accommodation may be made by any person with a disability, when the strict application of the
provisions in this chapter, acts as a barrier to fair housing opportunities, pursuant to Chapter
19.50.
(Ord. 2056, (part), 2010; Ord. 1601, Exh. A (part), 1992)
19.36.030 Permitted, Conditional and Excluded Uses.
Permitted, Conditional and Excluded Uses that may be conducted from property zoned multiple-
family (R-3) residential, are identified in Section 19.20.020, Permitted, Conditional and
Excluded Uses in Agricultural and Residential Zoning Districts.
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19.36.040 Development Plan Required.
A. An application for development in R-3 zones, shall in addition to the information required by
Chapter 19.12, Administration, be accompanied by a development plan that includes the
following:
1. The architectural theme of the development, including the location of buildings on the
lot, building configurations, building heights, private patio and balcony areas, fence lines, and
general window locations;
2. A description of the private outdoor area for each dwelling unit and a description of the
degree of visual intrusion into adjoining properties which may result upon implementation of the
project. The visual analysis shall include scale cross-sections if deemed essential to interpret the
degree of visual intrusion into private outdoor or indoor space;
3. A grading plan describing existing contours and finish grading in relation to proposed
construction. The grading plan shall denote the location of all nonfruit trees with a trunk
diameter as identified in Chapter 14.15, the Protected Tree Ordinance;
4. The location of areas proposed for vehicular circulation and for landscaping.
19.36.050 Permit Required for Development.
A. No building permit may be issued for development proposal of a vacant property presently
zoned multiple-family residential until a development plan is approved with a development
permit.
B. Signs, landscaping or parking plans and minor modifications to buildings may not be erected,
structurally altered, enlarged or modified without permits pursuant to Chapters 19.12 and 19.168.
19.36.060 Site Development Regulations.
Table 19.36.060 sets forth the rules and regulations pertaining to the Development Regulations
for the development of property zoned multiple-family residential (R-3).
A. Density – Maximum number of units cannot exceed that allowed by the General Plan
Number of Units Dwelling Net Lot Area
Up to 3 units 9,300 square feet
Over 3 2,000 additional square feet per dwelling unit
B. Lot Width 70 feet at front building setback line
19.36.070 Building Development Regulations.
Table 19.36.070 sets forth the rules and regulations pertaining to the development of buildings
on property zoned multiple-family residential (R-3).
Table 19.36.070 Building Development Regulations.
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A. Maximum Lot
Coverage
40% of net lot area
B. Maximum Height Limited to two stories (not to exceed 30 feet)
C. Setbacks
First Floor Second Floor Portions of
building 24 feet
or higher
1.Front-yard 20 feet 20 feet 20 feet
2.Side-yard
i. Interior side 6 feet 9 feet 18 feet
ii. Street side 12 feet 12 feet 18 feet
3.Rear-yard 20 feet or 20% of the lot depth,
whichever is greater. Main
building may encroach as close
as 10 feet to rear lot line if a
useable rear-yard setback area
of not less than twenty times
the width of the lot.
20 feet or 20% of
the lot depth,
whichever is
greater.
D. Private Outdoor
Space - Balconies
may be provided to
fulfill this
standard.
Approximately 20% of each
unit’s gross first-floor area
10% of each unit’s gross floor area
E. Second Story Decks and Patios
1.Front-yard - 17 feet -
2.Side-yard - 15 feet -
3.Rear-yard - 20 feet -
F. Corner Triangle Shall remain free and clear of all buildings or portions thereof
G. Visual Privacy
Intrusion
Minimize privacy intrusion into all or a significant portion of private
outdoor spaces, or interior spaces through the use of windowless walls,
atria, enclosed courtyards, and buildings oriented to public and private
streets, or other techniques which rely upon structural design rather than
mitigation relying solely upon a landscaping solution.
H. Fences Must comply with regulations in Chapter 19.48
I. Parking No parking shall be permitted in a setback area where the lot adjoins
property located in a single-family (R-1) zoning district.
Must comply with regulations in Chapter 19.124
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CHAPTER 19.40: RESIDENTIAL HILLSIDE (RHS) ZONES*
Section
19.40.010 Purpose.
19.40.020 Applicability of Regulations.
19.40.030 Permitted, Conditional and Excluded Uses.
19.40.040 Application Requirements.
19.40.050 Site Development Regulations.
19.40.060 Building Development Regulations.
19.40.070 Exception for Development of Certain Individual Hillside Lots.
* Prior history: Ord. 1601.
19.40.010 Purpose.
The purpose of the RHS zoning district is to regulate development consistent with the General
Plan, to preserve the natural setting in the hillsides. This chapter utilizes performance standards
and specific regulations to ensure that the utilization of land for residential uses is balanced with
the need to conserve natural resources and protect life and property from natural hazards.
Specifically, this chapter is intended to accomplish the following objectives:
A. Enhance the identity of residential neighborhoods;
B. Ensure the provision of light and air to individual residential parcels;
C. Ensure a reasonable level of compatibility in scale of structures within residential
neighborhoods;
D. Maintain spatial relationship between structures and within neighborhoods;
E. Reinforce the predominantly low-intensity setting of the community;
F. Maintain a balance between residential development and preservation of the natural hillside
setting;
G. Promote compatibility of colors and materials of structures and the surrounding natural
setting. (Ord. 1634, (part), 1993)
19.40.020 Applicability of Regulations.
A. No building or structure or land shall be used erected, structurally altered or enlarged in a
residential hillside (RHS) zone, otherwise than in conformance with the provisions of this
chapter and other applicable provisions of this title.
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B. Reasonable Accommodation: Notwithstanding 19.40.020 (A) above, a request for reasonable
accommodation may be made by any person with a disability, when the strict application of the
provisions in this chapter, acts as a barrier to fair housing opportunities, pursuant to Chapter
19.52.
(Ord. 1725, (part), 1996; Ord. 1634, (part), 1993)
19.40.030 Permitted, Conditional and Excluded Uses.
Permitted, Conditional and Excluded Uses that may be conducted from property zoned
residential hillside (RHS), are identified in Section 19.20.020, Permitted, Conditional and
Excluded Uses in Agricultural and Residential Zoning Districts.
19.40.040 Application Requirements
An application for any development of property in the RHS zoning district, in addition to the
requirements of Chapter 19.12, Administration, for an exception application, shall include:
A. Site Plans that show topographical information at contour intervals not to exceed 10 feet and
a horizontal map scale of 1 inch = 200 feet or larger and identify all areas with slopes ≥ 30%
B. Identify whether the property is on a prominent ridgeline or the structure is in the 15% site
line from a prominent ridge line.
19.40.050 Site Development Regulations.
The following guidelines, shown in Table 19.40.050, are a compilation of policies described
in the General Plan and are intended to govern the preparation of development plans in RHS
zones. All provisions of this section, except subsections A, B and C, may be deviated from with
a Hillside Exception in accordance with Section 19.40.040 and 19.40.070.
Table 19.40.05: Site Development Regulations.
A. Density
1. Dwelling Unit Density Determined by Appendix F of the General Plan based upon
slope density standards described therein.
2. Transfer of density
credits
Density credits derived from application of a slope density
formula to a lot or a group of lots may not be transferred to
property outside any approved subdivision or parcel map
boundary.
B. Minimum Lot Area
1. By zoning district
symbol:
Lot area shall correspond to the number (multiplied by one
thousand square feet) following the RHS zoning symbol.
Examples:
RHS-20: Minimum lot size of 20,000 square feet (20 * 1,000
s.f.)
RHS-120: Minimum lot size of 120,000 square feet (120 * 1,000
s.f.)
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RHS-218: Minimum lot size of 218,000 square feet (218 * 1,000
s.f.)
2. For subdivision Minimum lot area shall be in accordance with Appendix F of the
General Plan, unless clustered in accordance with Section
18.52.030 (Hillside Subdivisions). The minimum lot area shall
be 10,000 square feet for each unit in a clustered subdivision.
3. Subdividable lots Lot size zoning designation shall be assigned at time of
subdivision
4. Non-subdividable
legally-created,
developed lots
Shall reflect the existing lot size
C. Minimum Lot Width a. 70 feet at front setback line.
b. No minimum lot width for lots served by private driveway
and which do not adjoin a public street.
D. Development on
Substandard Lots
A Hillside Exception shall be obtained to construct structures or
improvements on existing vacant legal lots.
E. Site Grading
1. Maximum Grading
Quantity
a. Cumulative total of 2,500 cubic yards, cut plus fill.
Includes: grading for building pad, yard areas, driveway and
all other areas requiring grading.
Excludes: basements
b. All cut and fill shall be rounded to contour with natural
contours and planted with landscaping which meets the
requirements in Section 19.40.050G
2. Graded Area Shall be limited to the building pad area to the greatest extent
possible
3. Multiple Driveways
Grading quantities shall be divided equally among the
participating lots.
E.g., two lots sharing a driveway shall divide the driveway
grading quantity in half. The divided share will be charged
against the grading quantity allowed for that lot development.
4. Flat Yard Area Limited to a maximum of 2,500 square feet, excluding
driveways
5. Soil Erosion and
Screening of Cut and
Fill Slopes Plan
A licensed landscape architect shall review grading plans and
shall, in consultation with the applicant and the City Engineer,
submit a plan to prevent soil erosion and to screen cut and fill
slopes.
F. Landscaping
1. Tree Planting Plan
Shall be prepared by a licensed landscape architect to:
a. Screen the residential structures to the greatest possible extent
b. Reintroduce trees on barren slopes which were denuded by
prior agricultural activities
2. Landscape
Requirements
Must comply with the Chapter 14.15, Landscaping Ordinance
and Wildland Urban Interface Fire Area (WUIFA) requirements
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3. Installation of
Landscape
Improvements
Must be installed prior to final occupancy unless it is not
practicable. If not installed, the applicant shall post a bond, cash
or other security to insure installation within an 18 month period
from occupancy.
4. Landscape
Maintenance
All such landscape areas shall be properly maintained in
conformance with the requirements of Chapter 14.15, Landscape
Ordinance.
5. Native Trees Should be integrated into the site design to the greatest extent
possible.
G. Watercourse Protection
1. Watercourse and
Existing Riparian
Vegetation
Any watercourse identified in Figure 6-G in the City’s General
Plan and its existing riparian vegetation must be shown on all
development plans.
2. Setback
The setback shall be measured from the top of bank of the
watercourses or from existing riparian vegetation, whichever is
greater. The setback from riparian vegetation will be measured
from the drip line perimeter.
All new development, including structures, grading and clearing,
must be set back as follows.
a. Lots < 1 acre 50 feet
b. Lots ≥ 1 acre 100 feet
H. Development Near Prominent Ridgelines
1. New structures
Shall not disrupt a 15% site line from a prominent ridge as
identified in Appendix A. The fifteen percent site line shall be
measured from the top of ridge at the closest point from the
structure.
2. Additions to existing
structures within the
15% site line of
prominent ridgeline
May not further encroach into the site line.
For example, the addition may not add height or bulk which may
increase the disruption to the fifteen percent ridgeline site line.
3. Impractible Clause If (1) and (2) above are not practicable, alternatives may be
considered through the exception process.
I. Development on
Slopes of ≥ 30%
Hillside Exception required for all grading, structures and other
development > 500 square feet.
J. Trail Linkages and
Lots Adjoining Public
Open Spaces Site Plan
1. Site plan must identify trail linkages as shown in the General
Plan Trail Plan, on and adjacent to the site.
2. If a trail linkage is identified across a property being
developed, development shall not take place within that area
unless approved through the exception process.
3. For lots adjoining Public Open Spaces, driveways and
buildings shall be located as far as feasible from the Public
Open Space and designed in a manner to minimize impacts
on the Public Open Space.
K. Views and Privacy It is not the responsibility of City Government to ensure the
privacy protection of the building permit applicant or owners of
surrounding properties that may be affected by the structure
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under construction. However, the Director of Community
Development may confer with the building permit applicant to
discuss alternate means of preventing privacy intrusion and
preserving views.
19.40.060 Building Development Regulations.
All provisions of this section may be deviated from upon obtaining a Hillside Exception in
accordance with Section 19.40.070.
Table 19.40.060 sets forth the rules and regulations pertaining to the development of structures
on property zoned Residential Hillside (RHS).
Table 19.40.060: Building Development Regulations.
A. Floor Area Ratio (FAR)
1. Maximum Allowable
house size
6,500 square feet
2. Unclustered Development
a. Lots < 10,000 square
feet (net lot area) 45% of net lot area
b. Lots ≥ 10,000 square
feet (net lot area)
4,500 square feet plus 59.59 square feet for every 1,000 square feet
over 10,000 square feet of net lot area.
Formula:
A = B - 10000
1000 (59.59) + 4,500
A = Maximum allowable house size prior to instituting the
maximum 6,500 square foot building size.
B = Net lot area.
3. Lots Within Clustered Subdivisions where Land is Reserved for Common Open Space
a. Lot Area for
calculating FAR
May count a proportionate share of the reserved private open space
to arrive at lot area for purposes of calculating FAR.
b. Maximum FAR prior
to slope consideration
No developable lot in a cluster development can exceed forty-five-
percent floor area ratio prior to slope consideration when a portion
of the private open space is attributed to the lot area for calculating
FAR.
c. Average slope of lot Calculated on the developable lot only.
4. Slope Adjustment Criteria
a. Lots with Average
Slope > 10% and <
30%
Allowable floor area, prior to instituting the maximum 6,500
square foot allowable building size, shall be reduced by one and
one-half percent (1.5%) for each percent of slope over 10 percent.
Formula: C = A x (1-(1.5 x (D -0.1)))
A = Maximum allowable house size based on subsection 1 above
prior to instituting the maximum 6,500 square foot building size.
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C = Maximum allowable building for lots with greater than 10%
average slope.
D = Average percent slope of net lot area.
b. Lots with Average
Slope ≥ 30 %
Allowable floor area shall be reduced by a constant 30 percent.
Ave. slope (D) Reduction (1.5 x (D – 0.1))
10% or less 0%
11% 1.5%
12% 3%
13% 4.5%
14% 6%
15% 7.5%
16% 9%
17% 10.5%
18% 12%
19% 13.5%
20% 15%
21% 16.5%
22% 18%
23% 19.5%
24% 21%
25% 22.5%
26% 24%
27% 25.5%
28% 27%
29% 28.5%
30% or greater 30%
B. Height of Buildings
and Structures Limited to 30 feet
C. Setbacks
First Floor Second
Floor
Habitable Third
Floor (or portions of
structures taller than
20 feet)
1. Front-yard
a. Slope ≤ 20% 20
feet
Driveway and
garage must be
designed to
enable vehicles
to park off-street
25 feet 25 feet
b. Slope > 20% 10
feet 25 feet 25 feet
2. Side-yard
a. Interior Side 10 feet 15 feet 20 feet
b. Street Side on Corner
Lot 15 feet 15 feet 20 feet
3. Rear-yard 20 feet 25 feet 25 feet
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D. Second Story Decks and Patios Minimum Setbacks
1. Front Yard - 17 feet -
2. Side Yard - 15 feet -
3. Rear Yard - 20 feet -
E. Downhill Facing Elevation
1. Second Story Downhill Facing Wall Plane Offset
a. Offset from First
Floor Downhill Wall
Plane
i. Average of 7 feet 6 inches for 75% of the second story
downhill facing wall plane shall be setback and
ii. Not less than five feet.
iii. The remaining 25% may not extend past the first story wall
plane.
b. Multiple Downhill
Facing Wall Planes
Offset shall apply only the primary setback affected.
c. Offset from First
Floor Roofed Porches
i. Offset may be measured from the outside perimeter of first-
story roofed porches.
ii. Roof of the porch must match, in pitch and style, the roof of
the main structure.
iii. Porch must be at least 5 feet in width and extend the length of
the wall on which it is located.
2. Maximum Wall
Height on Downhill
Elevation
15 feet
F. Permitted Yard Encroachments
1. Extension of a Legal
Non-conforming
Wall Plane for
structures not located
within a prominent
ridgeline site line
a. Where a building legally constructed according to existing first
floor yard and setback regulations at the time of construction
encroaches upon present required first floor setbacks, one
encroaching side of the existing structure may be extended along
existing building lines.
b. Only one such extension shall be permitted for the life of the
building.
c. Encroachments into a required yard which are the result of the
granting of a variance may not be further extended.
d. Further encroachment into a required setback is not allowed.
I.e., a non-conforming setback may not be further reduced.
e. In no case shall any wall plane of a first-story addition be placed
closer than three feet to any property line.
2. Architectural
Features
a. May extend into a required yard a distance not exceeding three
feet.
b. No architectural feature, or combination thereof, whether a
portion of a principal or accessory structure, may extend closer
than three feet to any property line.
G. Accessory Structures
(including attached
patio covers)
As allowed by Chapter 19.100, Accessory Buildings/Structures
H. Design Standards
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1. Building and Roof Forms
a. Natural Contours Building shall follow as closely as possible the primary natural
contour of the lot.
b. Building Mass and
Roof Pitches
The main building mass shall be on the upslope side of the
building and the roof pitches shall trend downslope.
c. Second Story
Dormers
Permitted within the second story setbacks as long as they are
minor in shape and size.
d. Downhill Elevation
of main structure
Shall have a minimum of four offset building and roof elements to
provide varied building forms to produce shadow patterns which
reduce the impact of visual mass.
e. High Wall Planes Wall planes exceeding one story or 20 feet in height, whichever is
more restrictive, shall contain architectural elements in order to
provide relief and to break up expansive wall planes.
2. Colors
a. Natural Earth Tones All structures on the lot shall use natural earth tone and/or
vegetation colors which complement the natural surroundings.
Natural earth-tone and vegetation colors include natural hues of
brown, green and shades of gray.
b. Reflectivity Value Shall not exceed 60 on a flat surface
3. Outdoor Lighting All outdoor lighting shall be identified on the site development
plan.
a. Tennis Court and
Other Recreational
Purposes
High-intensity lights not permitted.
b. Motion-activated
Security Lights
1. Shall not exceed 100 watts and
2. Must be shielded to avoid all off-site intrusion.
c. Other lighting Must be directed to meet the particular need.
I. Geologic and Soils Reports
1. Applicability A geological report prepared by a certified engineering geologist
and a soils report prepared by a registered civil engineer qualified
in soils mechanics by the state shall be submitted prior to issuance
of permits for construction of any building or structure which:
a. Is located on property in an RHS zoning district which has
been designated by the General Plan to be within a geological
hazard area; and
b. Where an addition, alteration or repair of an existing building
or structure include at least one of the following:
i. The improvements include increasing the occupancy
capacity of the dwelling such as adding a bedroom or
secondary unit, or
ii. The cost of the completed addition, alteration or repairs
will, during any period of twelve months, exceed twenty-five
percent of the value of the existing improvements as
determined by the building official based on current per foot
value of the proposed structure to the existing structure’s
value on a parcel of property. For the purposes of this section,
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the value of existing improvements shall be deemed to be the
estimated cost to rebuild the improvements in kind, which
value shall be determined by the building official.
2. Content of Reports These reports shall contain, in addition to the requirements of
Chapter 16.12 of this code, the following:
a. All pertinent data, interpretations and evaluations, based upon
the most current professionally recognized soils and geologic
data;
b. The significance of the interpretations and evaluations with
respect to the actual development or implementation of the
intended land use through identification of any significant
geologic problems, critically expansive soils or other unstable
soil conditions which if not corrected may lead to structural
damage or aggravation of these geologic problems both on-and
off-site;
c. Recommendations for corrective measures deemed necessary to
prevent or significantly mitigate potential damages to the
proposed project and adjacent properties or to otherwise insure
safe development of the property;
d. Recommendations for additional investigations that should be
made to insure safe development of the property;
e. Any other information deemed appropriate by the City
Engineer.
3. Incorporation of
Recommendations
All building and site plans shall incorporate the above-described
corrective measures and must be approved by the City Engineer,
prior to building permit issuance.
J. Private Roads and Driveways
1. Pavement Width and
Design
The pavement width and design for a private road or common
driveway serving two to five lots and a single-lot driveway shall
comply with development standards contained in the Hillside
Subdivision Ordinance, Chapter 18.52 of this code.
2. Reciprocal
Ingress/Egress
Easement and
Reciprocal
Maintenance
Agreement
The property owner for a lot served by a private road or common
driveway shall, prior to issuance of building permits, record an
appropriate deed restriction guaranteeing the following, to
adjoining property owners who utilize the private road or common
driveway for the primary access to their lot(s):
a. Reciprocal ingress/egress easement, and
b. Participation in a reciprocal maintenance agreement.
K. Solar Design The setback and height restrictions provided in this chapter may be
varied for a structure utilized for passive or active solar purposes,
provided that no such structure shall infringe upon solar easements
or adjoining property owners. Variation from the setback or height
restrictions of this chapter may be allowed only upon issuance of
an Administrative Conditional Use Permit subject to Chapter
19.12.
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19.40.070 Exception for Development of Certain Individual Hillside Lots.
A. With respect to a request for development of a legally created individual hillside lot which
does not meet the development requirements contained in Sections 19.40.00(D) through (L) and
19.40.050 of this chapter, the Approval Body may grant an exception to allow development in
accord with the requirements of Chapter 19.12, Administration, if:
1. The subject property cannot be merged with adjacent property pursuant to Government Code
Sections 66451.10 -- 66451.21; and
2. The Approval Body, based upon substantial evidence, makes all of the findings in Section
19.40.080, Hillside Exception - Findings.
19.40.080 Hillside Exception - Findings.
The Approval Body may grant a request for a Hillside Exception only if all of the following
findings are made:
1 The proposed development will not be injurious to property or improvements in the area
nor be detrimental to the public health and safety.
2 The proposed development will not create a hazardous condition for pedestrian or
vehicular traffic.
3 The proposed development has legal access to public streets and public services are
available to serve the development.
4 The proposed development requires an exception which involves the least modification
of, or deviation from, the development regulations prescribed in this chapter necessary to
accomplish a reasonable use of the parcel.
5 All alternative locations for development on the parcel have been considered and have
been found to create greater environmental impacts than the location of the proposed
development.
6 The proposed development does not consist of structures on or near known geological or
environmental hazards which have been determined by expert testimony to be unsafe or
hazardous to structures or persons residing therein. (See General Plan Policies 2-49.)
7 The proposed development includes grading and drainage plans which will ensure that
erosion and scarring of the hillsides caused by necessary construction of roads, housing sites, and
improvements will be minimized. (See General Plan Policies 2-53, 2-54 and 2-57.)
8 The proposed development does not consist of structures which would disrupt the natural
silhouette of ridgelines as viewed from established vantage points on the valley floor unless
either:
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a. The location of a structure on a ridgeline is necessary to avoid greater negative environmental
impacts; or
b. The structure could not otherwise be physically located on the parcel and the size of the
structure is the minimum which is necessary to allow for a reasonable use of the parcel. (See
General Plan Policies 2-46, 2-47 and 2-48.)
9. The proposed development consists of structures incorporating designs, colors, materials,
and outdoor lighting which blend with the natural hillside environment and which are designed
in such a manner as to reduce the effective visible mass, including building height, as much as
possible without creating other negative environmental impacts. (See General Plan Policies 2-
46, 2-50, 2-51 and 2-52.)
10. The proposed development is located on the parcel as far as possible from public open
space preserves or parks (if visible there from), riparian corridors, and wildlife habitats unless
such location will create other, more negative environmental impacts. (See General Plan
Policies 2-55, 5-14 and 5¬28.)
11. The proposed development includes a landscape plan which retains as many specimen
trees as possible, which utilizes drought-tolerant native plants and ground covers consistent with
nearby vegetation, and which minimizes lawn areas. (See General Plan Policies 2-54, 5-15 and
5-16.)
12. The proposed development confines solid fencing to the areas near a structure rather than
around the entire site. (See General Plan Policy 5-17.)
13. The proposed development is otherwise consistent with the City's General Plan and with
the purposes of this chapter as described in Section 19.40.010, Purpose.
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CHAPTER 19.44: RESIDENTIAL SINGLE-FAMILY CLUSTER (RIC) ZONES
Section
19.44.010 Purpose.
19.44.020 Applicability of Regulations.
19.44.030 Characteristics of RIC Zones.
19.44.040 Permitted, Conditional and Excluded Uses.
19.44.050 Site Development Regulations.
19.44.060 Specific Development Standards.
19.44.070 Changes after Granting of a Cluster Zone.
19.44.080 Exceptions - Findings
19.44.010 Purpose.
The purpose of a cluster zone is to promote neighborhood identity and enhance the quality of
life for City residents by encouraging developers to use a more creative approach in land
development, to provide a means for reducing the amount of street improvements and public
utilities required in residential development, to conserve natural features, and to facilitate the
provision of more desirable aesthetic and efficient use of open space.
(Ord. 1601, Exh. A (part), 1992)
19.44.020 Applicability of Regulations.
A. The requirements of this chapter, unless waived or modified in accord with Section
19.44.090, must be met with respect to all real properties intended to be developed as, or
converted to, a single-family residential cluster development as described in this chapter,
including the conversion of existing apartment houses to condominiums.
B. No building, structure or land shall be used, and no building or structure shall be hereafter
erected, structurally altered or enlarged in a residential cluster zone, otherwise than in
conformance with the following provisions;
C. Reasonable Accommodation: Notwithstanding the above, a request for reasonable
accommodation may be made by any person with a disability, when the strict application of the
provisions in this chapter, act as a barrier to fair housing opportunities, pursuant to Chapter
19.52.
(Ord. 2056, (part), 2010; Ord. 1601, Exh. A (part), 1992)
19.44.030 Characteristics of RIC Zones.
A. A residential single-family cluster zone is a land use designation for a single-family
residential use upon a parcel of real property, a portion of which consists of:
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1. An undivided interest in a common area used for open space, recreational, parking, vehicular
and pedestrian circulation by residences of the parcel;
2. Separate property interests owned by each family residing on the parcel.
B. The separate property interests may include:
1. Individual subparcels which comprise building areas only or building areas plus private yards
or atria; or
2. Separate property interests in space in a residential building on the parcel; or
3. Both types of separate property interests enumerated above.
(Ord. 1601, Exh. A (part), 1992)
19.44.040 Permitted, Conditional and Excluded Uses.
Permitted, Conditional and Excluded Uses that may be conducted from property zoned single-
family cluster (R1C), are identified in Section 19.20.020, Permitted, Conditional and Excluded
Uses in Agricultural and Residential Zoning Districts.
19.44.050 Site Development Regulations.
Table 19.44.050 sets forth the rules and regulations pertaining to the development of property
zoned single-family residential cluster (R1C).
Table 19.44.050: Site Development Regulations
A. Initiation of Zoning
1. By property owner
In accord with the requirements of Chapter 19.12, Administration
and Chapter 19.152, Amendments to the Zoning Map and Zoning
Regulations and application must include a development plan as
described in Section 19.44.050(H).
2. City Council or
Planning
Commission
May be initiated when it is determined that this type of zoning
designation will allow development that will preserve or enhance
land features and vegetation such as stream courses and groves of
specimen trees, historic buildings, and unique scenic vistas, and
will enhance older neighborhoods which have undeveloped
properties which have an access problem or a parcel
configuration which precludes development utilizing
conventional street and lot standards. A development plan is not
required.
B. Density
1. Total Density
The total number of dwelling units per gross acre shall be defined
by the density provisions of the current land use and housing
elements of the General Plan.
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2. Density Range and
allowable density
Where a density range is designated, the allowable number of
dwelling units shall be determined based upon the following
criteria:
a. The relationship of the proposed development to the
development character of the immediate neighborhood;
b. The impact of the proposed development on physiographic
factors of the site, such as slope steepness, geologic stability,
and vegetation;
c. The impact of the proposed development on community, utility
and social services such as sanitary sewer, storm drain, water,
fire and police emergency services, and schools;
d. The impact of the proposed development on the capacity of the
neighborhood street system;
e. The quality of the project design relative to building location,
design, and materials and the livability of the dwelling units
for its future residents. The performance standards contained
within this chapter shall provide a means to measure the
livability of the dwelling units;
f. The relationship of the proposed development to the housing
goals contained within the housing element of the General
Plan.
C. Allowable Units in Areas Delineated as Hillside in General Plan
1. Maximum
Number of
Dwelling Units
Maximum number of dwelling units permitted in a cluster
development shall be calculated in accordance with slope-density
formulas and/or other mechanically or mathematically approved
methods to determine dwelling unit intensity as outlined by the
General Plan.
D. Land Area for Density Calculation
The land area utilized to compute the maximum allowable number of dwelling units shall be
the gross size of the property less:
a. Non-street areas which have been, or will be required to be dedicated or acquired, in fee, for
public purposes such as flood control and water conservation, parks, and public schools;
b. Areas on the site which cannot legally or physically be utilized for building or recreations
uses, e.g., areas directly underneath transmission towers or areas containing easement rights
which prohibit use of the land.
E. Private Outdoor
Space
1. Required Shall be provided for each unit.
2. Amount of Space Shall be determined in each case by the size of the unit, type of
tenure and amount of open space.
F. Visual Intrusion
The relationship between adjoining units shall be designed in
such a manner so as to preclude visual intrusion into private
outdoor yards or interior spaces.
G. Noise Impacts a. If the Director of Community Development determines that an
excessive external noise source shall exist in the project area,
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the developer shall retain an acoustical engineer to evaluate the
noise impact on the proposed residential development and
develop mitigation measures.
b. The construction system shall comply with applicable City
ordinances relative to sound-transmission control to ensure
acoustical privacy between adjoining dwelling units.
H. Development Plan Contents
1. Content Information required pursuant to Title 18, Subdivision.
2. Common Area
Common area that is to be maintained and controlled by the
owners of the property and their successors in interest, but is to
be available for the recreational and leisure use of the occupants
of the cluster development;
3. Grading Plan
A grading plan describing existing contours and finish grading in
relation to the proposed building program. The plan shall contain
complete cross-sections.
The grading plan shall denote the location of all native trees over
four inches in diameter and the impact of the grading plan on
such trees;
4. Public Areas
Parcels of land intended to be dedicated or reserved for public
parks, playgrounds, school sites, or otherwise dedicated or
reserved to the public in general;
5. Street System A map showing the proposed system of public and private streets,
including cross-sections for all types of streets;
6. Adjacent Properties
and Uses
A map showing the proposed system of public and private streets,
including cross-sections for all types of streets;
7. Architecture
a. The architectural theme of the development and the location
of buildings, building configurations, building heights,
building square footages, fence lines, private patio and
balcony areas, and lot lines.
b. A coding system shall be used to delineate unit types relative
to number of stories and number of bedrooms.
c. A land use distribution table shall be prepared setting forth
the net property size and the land area devoted to various land
use activities.
19.44.060 Specific Development Standards.
Table 19.44.060 sets forth the rules and regulations pertaining to the development of buildings
on property zoned single-family residential cluster (R1C).
Table 19.44.060 Specific Development Standards
A. Minimum Development
Area for Residential
Cluster Zoning District
No minimum.
B. Minimum Setbacks
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1. Corner lot 25 feet. However, the 40 foot corner triangle shall remain free
and clear of all buildings or portions thereof.
2. Units adjacent to
development boundary Same setbacks as required in the adjacent zones.
3. Second Story Decks and Patios
i. Front Yard May encroach three (3) feet into a required front yard setback
ii. Side Yard 15 feet
iii. Rear Yard 20 feet
C. Height
1. Buildings 30 feet
2. Increases in Height
Shall be permitted if the Planning Commission or City
Council determines that such height increase will not have an
adverse impact upon the immediately adjacent neighborhood.
Generally, units immediately adjacent to the development
area boundary shall not exceed the height of existing dwelling
units adjacent to the development area.
D. Site Design
1. Front Entryway
Shall be private by either orientating them in a different
direction from adjoining units, by utilization of an enclosed
patio, by utilization of wing walls, by utilization of a recessed
foyer, or through other design techniques.
2. Pedestrian Walks
All dwelling units (and buildings containing condominium
units) shall be interconnected by pedestrian walks fully
separated from moving vehicles.
3. Access to Common Open
Spaces Each unit shall have direct access to common open spaces.
4. Family-oriented planned
residential communities
Playfields shall be incorporated into common open space to
accommodate group play activities.
5. Sitting Areas/ Tot lots Small sitting areas or tot lots shall be provided throughout
each project to provide informal meeting space.
E. Streets
1. Standards
Pavement, curbs, gutters, storm drains, and water mains of
the private street shall be constructed to the standards of City
streets, subject to the approval of the City Engineer.
2. Modifications to
Standards
May be permitted by the City Engineer when recommended
by a licensed engineer.
3. Minimum Width 24 feet curb to curb, with curb and gutter on both sides of the
street.
4. Sidewalks Shall be a minimum of 4 feet 6 inches in width
5. Easements
a. Public Service
Easement
Roadways of the private street, plus a five-foot-wide strip on
either side of the street shall constitute a public service
easement.
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b. Other Easements Other public service or utilities easements may be
incorporated into the development plan.
6. Lighting Intensity Private streets and major walkways shall be lighted to an
intensity approved by the City Engineer.
7. Type and Location of
Electroliers Shall be approved by the Planning Commission.
8. Street Names and
Address Numbers
Shall be approved by the Building Department in
coordination with the Postmaster, the Fire Department and
County Communications Office.
9. Bicycle Circulation
System
Shall be incorporated into the project design in a manner
which, to the greatest degree possible, separates bicycle
movements from motor vehicles and pedestrians.
This system shall be designed to interface with the existing
and planned City-wide bicycle systems.
10. Conformance with
Vehicle Code
The owner of the development will be required to participate
in the initiation of a City ordinance update to Chapter 11.26,
to make the private streets subject to the Vehicle Code, under
the provisions of Section 21107.7 of the Code, the provisions
of such ordinance to be subject to the approval of the
enforcing agency.
11. Fire Truck
Turnaround
Adequate turnaround space shall be provided at the termini of
the private streets subject to the approval of the Fire District.
F. Improvements and Covenants for Common Area
1. Completion/Bonding
Improvement of the common areas shall be completed by the
developer and shall be subject to bonding and other
procedures in the same manner as required for street
improvements by Title 18, Subdivision.
2. Deeded to Homeowners
Association
The common areas shall be deeded to an association of the
homeowners for whose benefit the common area is set aside.
3. Development Rights
Shall be dedicated to the City prior to recordation of a final
subdivision map to assure that the common area is available
for the entire development.
4. Maintenance
a. Shall be the responsibility of the homeowners association
to which the common areas are deeded.
b. In the event the private road, driveways, parking areas,
walkways, landscaping or buildings are not maintained to
applicable City standards, the City may, after notice and
advertised public hearing, effect the necessary
maintenance, with the cost to be a lien on the property.
5. Declaration of
Covenants, Conditions
and Restrictions
a. Shall be reviewed by the City Attorney, prior to
recordation, to determine its compatibility with the intent
and conditions as set forth herein.
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6. Articles of Incorporation
and Other Instruments
Related to Homeowners
Association
Shall be subject to the review and approval of the City
Attorney.
19.44.070 Changes after Granting of a Cluster Zone.
Table 19.44.070 sets forth the regulations pertaining to changes proposed to existing
developments in single-family residential cluster (R1C) zones.
Table 19.44.070 Changes after Granting of a Cluster Zone.
A. Minor Change
(does not include
increase in
number of
dwelling units)
May be approved with a building permit if the City Planner makes the
following finding that:
1. The changes are minor and do not affect the general appearance of
the area or the interests of the owners of property within or
adjoining the development area.
B. Major Change Major change includes a change to the development regulations and
requirements, conditions of the approved development, declaration of
conditions, covenants and restrictions, and an increase in the number of
dwelling units.
All of the above shall be processed, in accord with the requirements of
Chapter 19.12, Administration, as a development permit and/or an
architectural and site approval, except an increase in the number of
dwelling units which shall be processed as a zone change.
19.44.080 Exceptions– Findings.
The requirements of this chapter can be waived or modified, with an Exception application, if the
Planning Commission and City Council make any one of the following findings:
1. Although one or more specific standards cannot be complied with because of property
size constraints, existing building morphology, topographical problems, or other conditions
beyond the control of the property owner/developer, the proposed project substantially complies
with the general standards contained within this chapter;
2. That the proposal provides for low-moderate income and senior citizen housing in a
manner consistent with the housing element of the General Plan.
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CHAPTER 19.48 - FENCES
Section
19.48.010 Purpose.
19.48.020 Fence Location and Height for Zones Requiring Design Review.
19.48.030 Fence Location and Height for Zones Not Requiring Design Review.
19.48.040 Roadway and Driveway Gates.
19.48.050 Proximity of Plants and Fences to Public Streets.
19.48.060 Exceptions.
19.48.070 Temporary Fences for Construction.
19.48.080 Violation–Penalty.
19.48.090 Prohibited Fences.
* For statutory provisions making fences taller than ten feet a nuisance, see Civil Code § 841.4.
Prior ordinance history: Ords. 112, 686, 852, 1179, 1630, 1637 and 1777.
19.48.010 Purpose.
The purpose of this chapter is to regulate the location and height of fences and vegetation in
yards of all zoning districts in order to protect the safety, privacy, and property values of
residents and owners of properties within any zoning district of the city, including but not limited
to residential, commercial, offices, institutional, industrial and/or agricultural properties. (Ord.
1979, (part), 2006; Ord. 1788, § 1 (part), 1998)
19.48.020 Fence Location and Height for Zones Requiring Design Review.
A. The Approval Body for a proposed project shall have the authority to require, approve, or
disapprove wall and fencing plans including location, height and materials in all zones requiring
design review.
B. The basic design review guidelines for the review of fences and walls are as follows:
1. Fences and walls separating commercial, industrial, offices, and institutional zones from
residential zones shall be constructed at a height and with materials designed to:
a. Acoustically isolate part of or all noise emitted by future uses within the commercial,
industrial, offices, or institutional zones. The degree of acoustical isolation shall be determined
during the design review process.
b. Ensure visual privacy for adjoining residential dwelling units.
2. Fences and walls shall be designed in a manner to provide for sight visibility at private and
public street intersections. (Ord. 1979, (part), 2006; Ord. 1844, § 1 (part), 2000; Ord. 1788, § 1
(part), 1998)
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19.48.030 Fence Location and Height for Zones Not Requiring Design Review.
Table 19.48.030 sets forth the rules and regulations pertaining to fences in zones where design
review is not required.
6 foot high fence 3 foot high fence
A. Front Yard Not within required setback area
Along any property
line, in any required
setback area or in
corner triangle
B. Rear Yard Along property line or in required setback area
C. Side yard
1. Interior residential lots Along property line or in required setback area
2. Corner residential lots
a. Interior side Along property line or in required setback area
b. Street side i. If Rear Property Line adjoins a Rear
Property Line: Setback from side property
line: 5 feet
ii. If Rear Property Line adjoins Side Property
Line of a Key Lot: In addition to (i) above,
Setback from street side property line,
within 10 feet of adjacent property line: 12
feet
D. In areas where a six (6) foot fence is allowed, an up to eight (8) foot high fence can be
constructed, subject to building permit approval and upon receipt of written approval from
adjacent property owners.
E. If the Director of Community Development determines that a proposed fence is widely visible to
public view and has the potential to create impacts on the visual character of an area (for example
blocks public views from the valley floor to the hills or an open space reserve), then the proposed
fence shall comply with the requirements in Sections 19.48.030F(1)(b) & 19.48.030F(2)
regardless of lot size.
F. Additional regulations for Residential Hillside or Open Space Zoning Districts:
1. Solid Board Fencing
a. Net lot area <
30,000 square feet
Shall not be limited but shall be subject to the regulations in
19.48.030(A) - (D).
b. Net lot area ≥
30,000 square feet
5,000 square feet (excluding the principal building) of net lot area may
be enclosed with solid board fencing subject to 19.48.030(A)-(D).
2. Open Fencing
(composed of
materials which result
in a minimum of 75%
visual transparency)
Shall be unrestricted but shall be subject to the regulations in
19.48.030(A) - (D).
19.48.040 Roadway and Driveway Gates.
Roadway and Driveway gates are allowed if they comply with the Fire Department Standard
Details and Specifications for Security Gates for access roadways and driveways and the criteria
in Table 19.48.040.
Table 19.48.040 Roadway and Driveway Gates
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A. R1, R2 and R3 Zoning
Districts
A driveway gate may be installed after a Fence Exception is
obtained and shall meet the following:
1. Driveway gate shall be setback a minimum of 30 feet from
the front and/or street side property lines;
2. Applicant must provide evidence that the gates are needed
for demonstrated security and/or demonstrated safety
reasons; and
3. The Fire Department approves the locking mechanism and
location of the gate.
B. RHS Zoning District
Gates may be used to control access to private roads and
driveways provided that the design of the gate, including
location, dimension and the locking mechanism, are approved
by the Director of Community Development after
consultation with the Fire Department.
C. Other Properties
Roadway and driveway gates may be approved through a
fence exception if the development meets any one of the
following conditions:
1. Is a mixed-use development, where the parking for
different uses needs to be separated to assure availability
of parking for each use
2. If a development include below-grade parking structure,
where the gates are required to secure the below-grade
parking;
3. If the gates are required for a development to obtain
federal or state funding;
4. If the development is secluded;
5. If the gates are needed for demonstrated security and/or
demonstrated safety reasons; or
6. If the gates were in existence prior to September 20, 1999.
D. Property located in other
residentially zoned areas
In addition to the requirements of Section 19.48.040C, the
application shall also be subject to the requirements of
19.48.040A(3).
19.48.050 Proximity of Plants and Fences to Public Streets.
The proximity of plants and fences to public streets shall be controlled by the provisions of
Chapter 14.08 of the Municipal Code.
(Ord. 1979, (part), 2006; Ord. 1788, § 1 (part), 1998)
19.48.060 Exceptions - Findings.
Where practical difficulties, unnecessary hardships, or results inconsistent with the purpose and
intent of this chapter result from the strict application of the provisions hereof, exceptions may
be granted as provided in Chapter 19.12, Administration, and this section for all zoning districts
except the RHS Zoning District, in which case a Hillside Exception must be obtained in accord
with the requirements of Section 19.40.040 and Section 19.40.070.
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The Approval Body may grant the exception based upon the following findings:
1. The literal enforcement of the provisions of this chapter will result in restrictions inconsistent
with the spirit and intent of this chapter.
2. The granting of the exception will not result in a condition which is materially detrimental to
the public health, safety or welfare.
3. The exception to be granted is one that will require the least modification of the prescribed
regulation and the minimum variance that will accomplish the purpose.
4. The proposed exception will not result in a hazardous condition for pedestrian and vehicular
traffic.
5. The proposed development is otherwise consistent with the city’s General Plan and with the
purpose of this chapter as described in Section 16.28.010.
6. The proposed development meets the requirements of the Santa Clara Fire Department and
Sheriff’s Department, and if security gates are proposed, that attempts are made to standardize
access.
7. The fence height for the proposed residential fence is needed to ensure adequate screening
and/or privacy.
19.48.070 Temporary Fences for Construction.
The Chief Building Official may require persons constructing structures in the city to erect and
maintain temporary fences around all or a portion of the construction site in order to secure the
site from entry by the general public.
19.48.080 Violation–Penalty.
Any person who violates the provisions of this chapter shall be guilty of an infraction and upon
conviction thereof shall be punished as provided in Chapter 1.12.
19.48.090 Prohibited Fences.
Barbed wire, razor wire, and/or electrified fencing are prohibited unless required by law or
regulation of the City, State or Federal Government.
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CHAPTER 19.52: REASONABLE ACCOMMODATION
Section
19.52.010 Purpose.
19.52.020 Applicability of Regulations.
19.52.030 Application Requirements.
19.52.040 Approval Authority, Procedure and Decision.
19.52.050 Findings.
19.52.060 Appeals.
19.52.010 Purpose.
This chapter provides a procedure to request reasonable accommodation for persons with
disabilities seeking equal access to housing under the Federal Fair Housing Act, the Federal Fair
Housing Amendments Act of 1988, and the California Fair Employment and Housing Act (the
Acts) in the application of development or land use regulations. (Ord. 2056, (part), 2010)
19.52.020 Applicability of Regulations.
A request for reasonable accommodation may:
A. Be made only for existing residential dwellings or second dwelling units.
B. Be made by any person who is defined as disabled under the Acts, when the application of
development or land use regulations act as a barrier to fair housing opportunities.
C. Include a variance to the development or land use regulations that would eliminate regulatory
barriers and provide a person with a disability equal opportunity to housing of their choice.
(Ord. 2056, (part), 2010)
19.52.030 Application Requirements.
A. Application shall be made to the Director of Community Development, shall include
information required per Section 19.12.080 and shall additionally contain the following:
1. Plans or descriptions of existing and proposed construction on the property involved
together with a statement of the circumstances which justifies the request for reasonable
accommodation;
2. Additional information, including, but not limited to:
a. Why the individual is considered disabled under the Acts;
b. The development or land use regulations from which reasonable accommodation is being
requested; and
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c. Why the reasonable accommodation is necessary to make the specific property accessible
to the individual.
(Ord. 2056, (part), 2010)
19.52.040 Approval Authority, Procedure and Decision.
Application shall be made and processed in accord with the requirements of Chapter 19.12,
Administration.
19.52.050 Findings.
A. The Approval Body may grant a request for reasonable accommodation only if all of the
following findings are made:
1. The proposed improvements are necessary to provide housing access for persons disabled
under the Acts;
2. The reasonable accommodation granted is one that will accomplish the purpose with the least
modification to the development or land use regulations from which reasonable accommodation
is being requested;
3. The granting of the reasonable accommodation will not be detrimental or injurious to property
or improvements in the vicinity, and will not be detrimental to the public health, safety, and
general welfare, or convenience, and to secure the purpose of the title; and
4. The requested reasonable accommodation would not impose an undue financial or
administrative burden on the City.
B. Conditions of Approval. In granting a request for reasonable accommodation, the Approval
Body may impose any conditions of approval deemed reasonable and necessary to ensure that
the reasonable accommodation complies with the findings in Section 19.50.050(A).
(Ord. 2056, (part), 2010)
19.52.060 Appeals.
A decision by the Approval Body regarding the request for reasonable accommodation may be
appealed pursuant to Chapter 19.12, Administration.
(Ord. 2056, (part), 2010)
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CHAPTER 19.56: DENSITY BONUS
Section
19.56.010 Purpose.
19.56.020 Applicability.
19.56.030 Concessions.
19.56.040 General Requirements.
19.56.050 Requirements for Projects with Affordable Units.
19.56.060 Application Procedure.
19.56.010 Purpose.
The density bonus ordinance codified in this chapter is intended to comply with the State
Density Bonus Law, Government Code Section 65915, which provides that a local government
shall grant a density bonus and an additional concession, or financially equivalent incentive(s), to
a developer of a housing development agreeing to construct a specified percentage of housing for
lower income households, very low income households or senior citizens.
(Ord. 1569, § 1 (part), 1991)
19.56.020 Applicability of Regulations.
A. All housing developments greater than five units (excluding density bonus units) are eligible
for one density bonus of at least twenty-five percent, and an additional concession, to developers
agreeing to construct at least:
1. Twenty percent of the units for lower income households; or
2. Ten percent of the units for very low income households; or
3. Fifty percent of the units for senior citizens, unless prohibited by State and/or Federal law.
B. If a development agrees to construct both twenty percent of the total units for lower-income
households and ten percent of the total units for very low-income households, the developer
remains entitled to only one density bonus and an additional concession. However, in such
circumstance, the City, at its discretion, may grant more than one density bonus.
C. Projects with affordable units which meet the requirements set forth in this chapter are entitled
to a density bonus and additional concession, unless:
1. The City Council adopts a written finding that the additional concession is not required to
make the units affordable.
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D. Nothing in this chapter limits the City’s right to deny an affordable housing project if the City
Council finds, based on substantial evidence, any one of the following:
1. The City has adopted an adequate housing element, and the project is not needed for the City
to meet its share of the regional housing need of lower income housing.
2. The project as proposed would have a specific, adverse impact upon the public health or safety
which cannot be satisfactorily mitigated without rendering it unaffordable to lower-income
households.
3. The denial of the project or imposition of conditions is required in order to comply with State
or Federal law and there is no feasible method to comply without rendering the development
unaffordable to lower-income households.
4. Approval of the development project would increase the concentration of lower-income
households in a neighborhood that already has a disproportionately high number of lower-
income households.
5. The development project is proposed on land zoned for agriculture or resource preservation
which is surrounded on at least two sides by land being used for agricultural or resource
preservation purposes, and which does not have adequate water or wastewater facilities to serve
the project.
6. The development project is inconsistent with the City’s General Plan land use designation as it
existed on the date the application was deemed complete, and the City has adopted a housing
element pursuant to State law.
E. Nothing in this chapter limits the City’s right to deny a senior citizen housing project if the
City finds, based on substantial evidence, that the project would have a specific, adverse impact
upon the public health or safety; and there is no feasible method to satisfactorily mitigate or
avoid the adverse impact identified.
(Ord. 1569, § 1 (part), 1991)
19.56.030 Concessions.
The State-mandated concession will be selected from the following list:
A. A reduction in site development standards or a modification of the requirements of the Zoning
Ordinance. For applications involving the modification of zoning or development standards, the
housing developer shall show that the waiver or modification is necessary to make the housing
units economically feasible. Permissible incentives include, but are not limited to:
1. Reduction of parking requirements,
2. Reduction of open space requirements,
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3. Reduction of setback requirements,
4. Approval of mixed-use zoning in conjunction with the housing project if commercial, office,
industrial or other land uses will reduce the cost of the housing development, and if the
commercial, office, industrial or other land uses are compatible with the housing project and the
existing planned development in the area where the proposed housing project will be located;
B. Other regulatory concessions proposed by the developer or the City, which result in
identifiable cost reductions. Permissible concessions include, but are not limited to:
1. Reduction of park dedication fees,
2. Reduction of application or construction permit fees,
3. Provision of tax-exempt financing or other financial assistance as approved by the City
Council;
C. A housing development which provides affordable units must show that the requested
concessions directly affect the economic feasibility of including the affordable units in the
project.
(Ord. 1569, § 1 (part), 1991)
19.56.040 General Requirements.
A. Affordable units must remain affordable for thirty years if both a density bonus and an
additional concession are granted. These units shall remain affordable for a longer period of time
if required by the construction or mortgage financing assistance program, mortgage insurance
program, or rental subsidy program. If only a density bonus is granted, the affordable units shall
remain affordable for ten years.
B. First priority for the affordable units will be given to individuals who reside, work, go to
school, or have family in the City of Cupertino.
C. A master regulatory agreement shall be made between the developer and the City which
indicates the household type, number, location, size and construction scheduling of all affordable
units, and such information as shall be required by the City for the purpose of determining the
developer's compliance with this chapter.
D. Affordable units in a project and phases of a project shall be constructed concurrently with or
prior to the construction of market-rate units.
E. Affordable units shall be provided as follows:
1. Affordable units shall be dispersed throughout the project;
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2. Affordable units shall be identical with the design of any market rate rental units in the
project with the following exception:
a. Reduction of interior amenities for affordable units will be permitted upon prior approval by
the City Council as necessary to retain project afford-ability.
F. For purposes of calculating a density bonus, the residential units do not have to be based upon
individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas
of the housing development other than the areas where the affordable units are located.
G. The developer shall submit a project financial report (pro forma) to allow the City to evaluate
the financial need for the State-mandated additional incentives. The City may retain a consultant
to review the financial report. The cost of the consultant shall be borne by the developer with the
following exception:
1. If the applicant is a nonprofit organization, the cost of the consultant may be paid by the City
upon prior approval of the City Council.
(Ord. 1569, § 1 (part), 1991)
19.56.050 Requirements for Projects with Affordable Units.
A. All affordable units shall be occupied by the household type specified in the written
agreement required under Section 19.52.020C. The developer’s obligation to maintain these units
as affordable housing shall be evidenced by the master regulatory agreement which shall be
recorded as deed restriction running with the land.
B. Those units targeted for lower-income households shall be affordable at a rent that does not
exceed thirty percent of the HUD income limits for lower-income households for Santa Clara
County adjusted for household size.
C. Those units targeted for very low-income households shall be affordable at a rent that does
not exceed twenty-five percent of the HUD income limits for very low-income households for
Santa Clara County adjusted for household size.
D. Prior to the rental of any affordable unit, the City or its designee, shall verify the eligibility of
the prospective tenant. The owner shall obtain and maintain on file certifications by each
household. Certification shall be obtained immediately prior to initial occupancy by each
household and annually thereafter, in the form provided by the City or its designee. The owner
shall obtain updated forms for each household on request by the City, but in no event less
frequently than once a year. The owner shall maintain complete, accurate and current records
pertaining to the housing development, and will permit any duly authorized representative of the
City to inspect the records pertaining to the affordable units and occupants of these units.
E. The City may establish fees associated with the setting up and monitoring of affordable units.
- 236 -
F. The owner shall submit an annual report to the City, on a form provided by the City. The
report shall include for each affordable unit the rent, income, and family size of the household
occupying the unit.
G. The owner shall provide to the City any additional information required by the City to insure
the long-term affordability of the affordable units by eligible households.
(Ord. 1886, (part), 2001; Ord. 1731, (part), 1996; Ord. 1569, § 1 (part), 1991)
19.56.060 Application Requirements.
A. A developer may submit to the Planning Department a preliminary proposal for the
development of housing pursuant to this chapter prior to the submittal of any formal application.
The City shall, within ninety days of receipt of a written proposal, notify the housing developer
in writing of its local density procedures. The City shall establish procedures for waiving or
modifying development and zoning standards which would otherwise inhibit the utilization of
the density bonus on a particular site. These procedures shall include, but not be limited to, such
items as minimum lot size, side-yard setbacks, and placement of public works improvements.
The housing developer shall show that the requested waiver or modification is necessary to make
the affordable units economically feasible.
B. Formal application shall follow the review process as set forth for permits in Chapter 19.12,
Administration of the Cupertino Municipal Code established by the City and shall provide
additional information as specified in this chapter, specifically:
1. Provide a written statement specifying the desired density increase, incentive requested and
the type, location, size and construction scheduling of all dwelling units;
2. Submit a project financial report (pro forma), as required;
3. Any other information requested by the Director of Community Development. (Amended
during 4/94 supplement; Ord. 1569, § 1 (part), 1991)
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CHAPTER 19.60: GENERAL COMMERCIAL (CG) ZONES*
Section
19.60.010 Purpose.
19.60.020 Applicability of Regulations.
19.60.030 Permitted, Conditional and Excluded Uses.
19.60.040 Permits Required for Development.
19.60.050 Land Use Activity.
19.60.060 Development Standards
* Prior history: amended during 4/94 supplement and by Ords. 1601, 1618, 1630 and 1637.
19.60.010 Purpose.
The purpose of the general commercial zoning district is to establish regulations for retailing,
offices and service establishment offering goods and services to the general public which will
assure maximum compatibility with surrounding residential areas as well as minimize adverse
traffic impacts resulting from commercial development.
(Ord. 1687, Exh. A (part), 1995)
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 a CG zone, otherwise than in conformance with the provisions
of this chapter and other applicable provisions of this title.
(Ord. 1687, Exh. A (part), 1995)
19.60.030 Permitted, Conditional and Excluded Uses.
Permitted, Conditional and Excluded Uses that may be conducted from property zoned general
commercial (CG), are identified in Table 19.60.030, Permitted, Conditional and Excluded Uses
in General Commercial Zoning Districts below.
Table 19.60.030: Permitted, Conditional and Excluded Uses in General Commercial Zoning
Districts:
Zoning Districts CG Uses
1. Retail businesses, such as, but not limited to:
a. food stores (excluding convenience markets),
b. drugstores,
c. apparel shops,
d. variety stores and
e. hardware stores;
P
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Zoning Districts CG Uses
2. Full service restaurants (without separate bar facilities) where:
a. all public entrances face away from residential zoning districts and
b. where the required customer parking is located within close proximity of the entrance
P
3. Specialty food stores which cumulatively occupy more than fifty percent of the building
floor space in a single building or shopping center
CUP –
Admin.
4. Eating establishments
a. Full-service restaurants with separate bar facilities
b. Fast-food restaurants, and
c. Any entertainment facilities (e.g., dancing, live music) in association with full-service
or fast-food restaurant;
CUP –
PC
5. Any commercial establishments with drive-through facilities CUP -
PC
6. Late evening activities which occur between eleven p.m. through seven a.m. CUP -
PC
7. Offices such as those below, provided that such uses do not comprise more than twenty-
five percent of the building space in a shopping center:
a. Professional,
b. General,
c. Administrative,
d. Business offices,
e. Business services, such as:
i. advertising bureaus,
ii. credit reporting,
iii. accounting and similar consulting agencies,
iv. stenographic services, and
v. communication equipment buildings,
P
8. Commercial Office uses such as those below which directly serve the public
a. Banks,
b. Financial institutions,
c. Insurance agencies
d. Real estate agencies,
e. Travel agencies,
f. Photography, and
g. Similar studios;
P
9. Laundry facilities, including those below, provided that the solvents used in the cleaning
process shall not be used or stored in any manner not approved by the State Fire Marshal
and provided the establishment received approval from the Bay Area Air Quality
Management District.
a. Self service operations
b. Full service operations; and
c. Retail dry cleaning establishments. Dry cleaning is limited to items directly delivered
to the establishment by retail customers.
P
10. Private clubs, lodges, or fraternal organizations
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Zoning Districts CG Uses
a. Uses in (11) above as subordinate uses in buildings intended primarily for other
permitted uses provided for in this section P
b. Uses in (11) above as principal use buildings CUP –
PC
11. Fraternity and sorority houses CUP -
PC
12. Limited repair services, such as:
a. Jewelry,
b. Household appliance,
c. Typewriter and
d. Business machine repair shops
P
13. Personal service establishments such as:
a. Barbershops,
b. Beauty parlors,
c. Massage establishments,
d. Shoe repair shops, and
e. Tailor shops
P
14. Accessory facilities and uses customarily incidental to permitted uses and otherwise
conforming with provisions of Chapter 19.100 of this title. P
15. A maximum of four video game machines, provided these machines are incidental to the
main activity of the business P
16. Specialty food stores which cumulatively comprise less than fifty percent of the retail
space of a single building or shopping center; P
17. Pet shop and pet services facilities (buildings) and bathing, clipping, trimming and similar
services for pets
a. Uses in (18) above which are located in a sound-proof structure and are in compliance
with Santa Clara County Health Department regulations P
b. Uses in (18) above which are not located in a sound-proof structure and are in
compliance with Santa Clara County Health Department regulations
CUP -
PC
18. Child day care facilities located within an established business:
a. Serving that business only and
b. Which do not generate additional traffic from that produced by the business itself
P
19.
a. Child care centers,
b. Day nurseries, and
c. Playgrounds
CUP -
PC
20. Vocational and specialized schools, dance and music studios, gymnasiums and health
clubs
P a. When the uses in (22) above cumulatively comprise
< 50% of the space in a shopping center, provide adequate parking as determined by
Chapter 19.124 and meet noise requirements as determined by Chapter 10.48
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Zoning Districts CG Uses
b. When the uses in (22) above cumulatively comprise
≥ 50% of the space in a shopping center, provide adequate parking as determined by
Chapter 19.124 and meet noise requirements as determined by Chapter 10.48
CUP –
Admin.
21. Retail/service kiosks that meet the following:
a. Are located in an unenclosed space visible from public streets or other publicly owned
space,
b. Where adequate parking is provided as determined by Chapter 19.124,
c. Which do not result in traffic or circulation impacts,
d. Have attractive designs and landscaping, and
e. Are compatible with the surrounding architecture
CUP –
Admin.
22. Other uses which, in the opinion of the Director of Community Development, are similar
to the permitted uses in the CG zoning district, and which do not create significant adverse
impacts to the surrounding area due to odor, dust, smoke, glare, fumes, radiation,
vibrations, noise, traffic or litter.
P
23. Commercial parking and parking garages CUP –
PC
24. Convenience markets CUP –
PC
25. Hotels, motels, and boardinghouses CUP –
PC
26. Liquor stores CUP –
PC
27. Drinking establishments CUP –
PC
28. Theaters CUP –
PC
29. Mortuaries; CUP –
PC
30. Automobile service stations, automobile washing facilities; CUP –
PC
31. Automobile, trailer, tire and boat sales and rental, limited to new and used vehicles in
operable condition
CUP –
PC
32. Automobile and Tire repair shops CUP –
PC
33. Other commercial uses which are neither permitted uses nor excluded uses and which are,
in the opinion of the Planning Commission, consistent with the character of a general
commercial (CG) zone of the same general character listed in this section, and which do
not create significant adverse impacts to the surrounding area due to odor, dust, fumes,
glare, radiation, vibration, noise, traffic or litter.
CUP -
PC
34. Businesses where the primary activity is related to the on-site manufacturing, assembly or
storage of building components intended for use by general contractors or wholesalers; Ex
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Zoning Districts CG Uses
35. Storage garages, and other wholesale businesses, except computer hardware and software
and communications businesses for which the city may generate sales tax revenue where
the primary activity is to conduct sales and services to other businesses rather than to
direct retail customers;
Ex
36. 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.
Ex
37. Warehouses; Ex
38. Lumberyards, Ex
39. Nurseries and greenhouses; Ex
40. Commercial excavating of building or construction materials Ex
Key:
P – Permitted Use
- – Not Allowed
CUP – Admin. – Conditional Use Permit issued by the Director of Community Development
CUP – PC – Conditional Use Permit issued by the Planning Commission
CUP – CC – Conditional Use Permit issued by the City Council
Ex - Excluded Uses
19.60.040 Permits Required for Development.
A. Prior to the erection of a new building or structure or enlargement or modification of an
existing building, structure, or site (including landscaping and lighting) in a CG zoning district,
permits must be obtained in accordance with Table 19.12.030.
(Ord. 2056, (part), 2010; Ord. 1844, § 1 (part), 2000; Ord. 1784, (part), 1998; Ord. 1687, Exh. A
(part), 1995)
19.60.050 Land Use Activity.
A. Land Use Criteria. Unless otherwise provided by a conditional use permit, the following
regulations shall apply to all users governed by this chapter.
1. The activity must be conducted entirely within a building or enclosed patio or atrium except
for:
a. Vehicular parking including the parking of business related vehicles that comply with the
sign, off-street parking and noise regulations;
b. Outdoor seating for restaurants as long as the number of seats do not exceed twenty
percent of the number of authorized indoor seats and is otherwise compatible with
Chapter 19.124 of this code;
c. Special promotional events undertaken by permitted businesses;
- 242 -
d. The display of merchandise in front of stores containing a minimum of twenty thousand
square feet of floor area. The merchandise must be displayed under a roof overhang or
canopy and must be displayed in an organized, neat and safe fashion;
e. Incidental activities directly related to the permitted business. The incidental activity must
comply with noise standards, all other applicable health and safety regulations and must
use equipment which, when not in use, is stored in an approved enclosed space.
2. The activity must comply with the City noise standards, including pick-up and delivery
times. Some activities are permitted when located in a sound-proof space. A sound-proof space
is an enclosed area which is designed to prevent internally generated noise from being audible
from a receptor located outside of the structure. An acoustical engineer shall certify the design
and operating conditions of a sound-proof space.
3. The activity must involve direct retailing of goods or services to the general public. The
retailing and servicing activity must comprise at least fifty percent of the floor space, including
enclosed patio and atrium space, and must represent the primary emphasis of the business.
Window displays shall reflect the retail emphasis.
4. Certain activities which require a hazardous material plan are permitted subject to
permitting or licensing by an authorized public agency charged with the responsibility to protect
the public health and welfare regarding the involved hazardous material. Examples: swimming
pool and spa supply, photo finishing, dental office.
5. The activity complies with applicable off-street parking standards including shared
parking arrangements specified in the off-street parking ordinance.
19.60.060 Development Standards
Table 19.60.060 sets forth the rules and regulations pertaining to the development of property
located in the General Commercial (CG) zoning district.
Table 19.60.060 Development Standards
A. Lot Area and Coverage No minimum lot area or coverage.
Must be in conformance with the General Plan or applicable
Specific Plan.
Must have sufficient area to satisfy off-street parking and loading
requirements contained in this title.
B. Height of Buildings and
Structures
30 feet unless otherwise permitted by the General Plan or
applicable Specific Plan.
C. Required Setbacks for Buildings and Enclosed Patio/Atrium Space
1. Front Yard Established based upon special policies contained in the General
Plan and/or applicable specific plan to:
- 243 -
• Insure sufficient space to provide adequate light, air and
visibility at intersections;
• Assure general conformity to yard requirements of adjacent or
nearby zones, lots or parcels; and
• Promote excellence of development.
2. Minimum Side and
Rear Yard
No side or rear yard setback required unless lot abuts any
residential or agricultural-residential zone in which case the
following regulations apply:
a. Side Yard Setback
i. Interior Side 12 feet, or a total setback equal to one foot of additional setback for
each foot of height of a commercial building measured from its
eave line or top of parapet, whichever is more restrictive.
ii. Street Side of
Corner Lot
12 feet
b. Rear Yard Setback 20 feet, or a total setback equal to one and one-half feet of
additional setback for each foot of height of a commercial building
measured from its eave line or top of parapet, whichever is more
restrictive.
D. Noise Standards –
1. New Construction and uses approved as a Conditional Use that have a high probability of
generating noise that adjoin residential districts shall be:
a. Exterior Walls Designed to attenuate all noise emanating from interior retail space.
b. Loading Docks
and Doors
Located away from residential districts. Required Fire Doors are
excluded.
c. Mechanical and
other equipment
Air conditioning, exhaust fans, and other mechanical equipment
shall be acoustically isolated to comply with the noise ordinance
d. Sound Wall Install a minimum eight-foot-high masonry sound wall on or
adjacent to the common property line
e. Acoustical
Engineer
Certified by an acoustical engineer that the above sound attenuation
measures comply with the intent of the regulation and the City’s
community noise ordinance
2. In addition to (1) above, retail structures in a mixed use residential development shall
employ noise attenuation techniques recommended by an acoustical engineer to comply
with the community noise ordinance.
E. Lighting – New lighting fixtures for any new site construction or building improvements:
1. Exterior Lighting Shall be a white type light either metal halide or a comparable
color corrected light unless otherwise approved as part of a
development plan.
2. Off-site Glare Light fixtures shall be oriented and designed to preclude any light
and direct glare to adjacent residential properties.
No direct off-site glare from a light source shall be visible above
three feet at a public right-of-way.
3. Parking Lots,
Sidewalks and other
Shall be illuminated with a uniform and adequate intensity.
Typical standards to achieve uniform and adequate intensity are:
- 244 -
areas accessible to
pedestrians and
automobiles
a. Average horizontal
maintained
illumination
Should be between one and three foot-candles
b. Maximum to
Minimum Ratio
Should be between 6:1 and 10:1
4. Critical Area
Illumination
Such as stairways, ramps and main walkways may have a higher
illumination
5. Areas around
Automatic Teller
Machines
Shall meet minimum standards required by the State of California
Business and Professions Code.
F. Landscaping Plan Shall be designed to provide an effective year-round landscaping
screen in the setback area adjoining a residential property. The
intent of the plan is to screen the building from the rear yard of a
residence within five years.
G. Utilities 1. The following amenities and utilities shall be installed subject
to the specifications of the subdivision ordinance:
a. All utilities including water, gas, sanitary and storm
sewers, underground power systems, and
b. Amenities including, lighting electroliers, curbs, gutters,
streets and sidewalks and
c. Connections to main systems shall be installed subject to
the specifications of the subdivision ordinance of the City.
2. All wires, pipes, cables, utilities and connections shall be
placed in underground or subsurface conduits subject to the
specifications of the subdivision ordinance of the City.
3. Underground vaults, or, well screened areas, if underground
vaults are deemed to be infeasible by the City Engineer and the
Director of Community Development, must be provided for the
installation of the necessary utilities.
H. Mechanical Equipment Air conditioning, exhaust fans, and other mechanical equipment
shall be visually screened.
- 245 -
CHAPTER 19.64 PERMITTED, CONDITIONAL AND EXCLUDED USES IN OFFICE AND INDUSTRIAL ZONING
DISTRICTS
Section
19.64.010 Application of Regulations
19.64.020 Permitted, Conditional and Excluded Uses in Office and Industrial Zones
19.64.010 Applicability of Regulations
No building or structure or land shall be used in an OA, OP, MP, ML or ML-rc zoning district, otherwise than in conformance with
the provisions of this chapter.
19.64.020 – Permitted, Conditional and Excluded Uses in Office and Industrial Zones
Table 19.64.020 sets forth the Permitted, Conditional and Excluded Uses in Office and Industrial zones.
Table 19.64.020 – Permitted, Conditional and Excluded Uses in Office and Industrial Zones
Zoning Districts
OA OP MP ML ML-rc Uses
1. Administrative and Executive Offices P P P - P
2. Professional Offices P P P - P
3. Printing and Publishing - - - - P
4. Caterers - - - CUP -
PC -
5. The following commercial uses are permitted as independent operations:
a. Stenographic or duplicating services - - - P P
b. Messenger or telegraph offices - - - P -
c. Delivery services - - - P P
d. Janitorial services; - - - P -
6. Office Supplies and Equipment Sales and Services - - - - P
7. Dry cleaning plants and similar establishments, provided that the solvent used in the
cleaning process shall be used or stored in a manner approved by the State Fire Marshal; - - - P P
8. Accessory facilities and uses customarily incidental to permitted uses and otherwise
conforming with provisions of Chapter 19.100 of this title. P - - - -
- 246 -
Zoning Districts
OA OP MP ML ML-rc Uses
9. Animal clinics and hospitals, facilities for bathing, clipping, trimming, and similar
services for pets; kennels; taxidermists; - - - P -
10. Gymnasium, Health Club - - - - P
11. Swim clubs, swim schools, and commercial swimming pools - - - CUP -
PC -
12. Commercial parking and parking garages - - - P -
13. Commercial entertainment establishments operated wholly or partly in the open (e.g.,
drive-in theaters, golf driving ranges, and miniature golf courses), - - - CUP -
PC -
14. Automobile service stations, automobile washing facilities; - - - CUP -
PC -
15. Gasoline and diesel fuel pumps, whether utilized as a principal use or as an accessory use - - - CUP -
PC -
16. 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
- - - P -
17. 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 uses permitted in the ML zoning district, 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 19.72.050 of this Title.
- - - P -
18. Light Manufacturing, processing, assembly, and storage of products and materials 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 19.72.050 of this Title.
- - P - -
19. Medical and Allied Laboratories - P P - -
20. Laboratories - - - - P
21. Warehouses; - - - P -
22. Enclosed Warehousing - - - P P
23. Wholesaler Showrooms - - - - P
24. Wholesale and storage activities within completely enclosed buildings; - - - P -
25. Wholesale and storage within completely enclosed buildings, excluding petroleum
products; - - - - P
- 247 -
Zoning Districts
OA OP MP ML ML-rc Uses
26. Cold Storage Facilities and Frozen Food Lockers - - - P P
27. Packing and crating establishments; - - - P -
28. Auction houses, used furniture sales, feed sales; - - - P -
29. Home, garden and farm equipment and appliance sales and rentals; - - - P -
30. Machinery sales and rentals, including heavy construction equipment; - - - P -
31. Repair and service shops for light machinery, household appliances and apparel; - - - P -
32. Light Machinery, Tools and Equipment Sales and Services - - - P P
33. Lumberyards, - - - P -
34. Building material sales, ice, coal and wood sales, carpenter and cabinet shops; - - - P -
35. Nurseries and greenhouses; - - - P -
36. Television, radio and motion picture studios and stations; - - - P P
37. Film Processing - - - - P
38. Commercial Photography - - - - P
39. Public utility facilities and service yards, and associated buildings, communications and
equipment buildings, corporation yards, contractors’ and plumbers’ shops, and storage
yards;
- - - P P
40. Municipal and Governmental Facilities - - - - P
41. All uses permitted in a general commercial (CG) zone as provided in Chapter 19.60,
provided that:
a. 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
b. Which exist solely for the convenience of persons employed in or customers of the
principal use;
- - - P P
42. 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.
- - - P -
- 248 -
Zoning Districts
OA OP MP ML ML-rc Uses
43. For any ordinarily permitted 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.
- - - CUP –
Admin. -
44. Retail sales of mixed concrete sold in batches not exceeding one cubic yard - - - CUP -
PC -
45. Stone cutting, monument manufacture - - - CUP -
PC -
46. Mortuaries - - - CUP -
PC -
47. Heliports as accessory uses, - - - CUP -
PC -
48. Manufacture of radioactive material, provided that emissions do not exceed permissible
levels established by Federal or State standards - - - CUP -
PC -
49. 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 19.72.050 of this Title
- - - CUP -
PC -
50. Existing churches approved by the City with a Conditional Use Permit, in existence prior
to the adoption of Ordinance 11-2084 - - - - CUP -
PC
51. Technical Colleges – With classroom schedules which do not exceed traffic generation
rates normally experienced by a Light Industrial/Administrative Office development
between 7:00 a.m. – 9:00 a.m., 4:00 p.m. – 6:00 p.m. and 7:00 p.m. to 10:00 p.m. 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.
- - - - CUP -
PC
52. Bag cleaning, - - - Ex Ex
53. Blast furnace, - - - Ex Ex
54. Boiler or Tank Works - - - Ex Ex
55. Boiler or Tank Works - - - Ex Ex
56. Candle Factory - - - Ex Ex
57. Cannery - - - Ex Ex
58. Central Mixing Plant for Cement - - - Ex Ex
- 249 -
Zoning Districts
OA OP MP ML ML-rc Uses
59. Mortar - - - Ex Ex
60. Plaster or Paving Materials - - - Ex Ex
61. Coke Oven - - - Ex Ex
62. Curing - - - Ex Ex
63. Tanning or Storage of Raw Hides or Skins - - - Ex Ex
64. Distillation of Bones, Coal or Wood - - - Ex Ex
65. Distillation of Tar - - - Ex Ex
66. Drilling for Oil, Gas or Other Hydrocarbon Substances - - - Ex Ex
67. Dumping, Disposal, Incineration or Reduction of Garbage, Sewage, Offal, Dead Animals
or Refuse
- - - Ex Ex
68. Fat Rendering - - - Ex Ex
69. Forge plant - - - Ex Ex
70. Foundry or Metal Fabrication Plant - - - Ex Ex
71. Hog Farms - - - Ex Ex
72. Junk Yards - - - Ex Ex
73. Baling of Rags or Junk - - - Ex Ex
74. Pumping, Refining or Wholesale Storage of Crude Petroleum - - - Ex Ex
75. Slaughtering of Animals - - - Ex Ex
76. Smelting of Copper, Iron, Tin, Zinc or other Ores - - - Ex Ex
77. Steam Power Plant - - - Ex Ex
78. Stockyard - - - Ex Ex
79. Stone Mill or Quarry - - - Ex Ex
80. Sugar Refining - - - Ex Ex
81. Wool Pulling or Scouring - - - Ex Ex
82. Manufacture of:
a. Acetynele, - - - Ex Ex
b. Acid - - - Ex Ex
c. Alcohol - - - Ex Ex
d. Alcoholic Beverages - - - Ex Ex
e. Ammonia - - - Ex Ex
f. Bleaching Powder - - - Ex Ex
- 250 -
Zoning Districts
OA OP MP ML ML-rc Uses
g. Chlorine - - - Ex Ex
h. Chemicals - - - Ex Ex
i. Soda or Soda Compounds - - - Ex Ex
j. Brick Pottery - - - Ex Ex
k. Terra Cotta or Tile (except handcraft products only) - - - Ex Ex
l. Candles - - - Ex Ex
m. Celluloid or pyroxlin (treatment of same) - - - Ex Ex
n. Cement - - - Ex Ex
o. Gypsum - - - Ex Ex
p. Lime or Plaster of Paris - - - Ex Ex
q. Chewing Tobacco (or treatment of same) - - - Ex Ex
r. Disinfectants - - - Ex Ex
s. Dyestuffs - - - Ex Ex
t. Emery Cloth or Sandpaper - - - Ex Ex
u. Explosives - - - Ex Ex
v. Fireworks or Gunpowder (or storage of same) - - - Ex Ex
w. Fertilizer - - - Ex Ex
x. Glass - - - Ex Ex
y. Glue - - - Ex Ex
z. Gelatin - - - Ex Ex
aa. Grease - - - Ex Ex
bb. Lard or Tallow (manufactured or refined from or of animal fat) - - - Ex Ex
cc. Illumination of Heating Gas (or Storage of Same) - - - Ex Ex
dd. Insecticides - - - Ex Ex
ee. Lampblack - - - Ex Ex
ff. Linoleum - - - Ex Ex
gg. Oilcloth or oiled products - - - Ex Ex
hh. Linseed Oil - - - Ex Ex
ii. Paint - - - Ex Ex
jj. Oil - - - Ex Ex
kk. Shellac - - - Ex Ex
- 251 -
Zoning Districts
OA OP MP ML ML-rc Uses
ll. Turpentine or Varnish (except mixing) - - - Ex Ex
mm. Matches - - - Ex Ex
nn. Paper or Pulp - - - Ex Ex
oo. Pickles - - - Ex Ex
pp. Sauerkraut or Vinegar - - - Ex Ex
qq. Potash Products - - - Ex Ex
rr. Rubber or Gutta Percha Products (or treatment of same) - - - Ex Ex
ss. Shoe Polish - - - Ex Ex
tt. Soap (other than liquid soap) - - - Ex Ex
uu. Starch, Glucose or Dectrin - - - Ex Ex
vv. Stove Polish - - - Ex Ex
ww. Tar Roofing or Waterproofing or other Tar Products - - - Ex Ex
xx. Yeast - - - Ex Ex
83. Schools (preschool, kindergarten through grade 12(K-12)) - - - Ex Ex
84. Specialized Schools - - - Ex Ex
85. General Acute Care Hospital (e.g., any nursing facility, intermediate care facility,
congregate living health facility) - - - Ex Ex
86. Long-term health care facility - - - Ex Ex
87. Child Day Care Facility (including day care centers, employer-sponsored child care
centers, adult day care and family day care homes) - - - Ex Ex
88. Uses or facilities defined 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)
- - - Ex Ex
Key:
P – Permitted Use
- – Not Allowed
CUP – Admin. – Conditional Use Permit issued by the Director of Community Development
CUP – PC – Conditional Use Permit issued by the Planning Commission
CUP – CC – Conditional Use Permit issued by the City Council
Ex - Excluded Uses
- 252 -
CHAPTER 19.68: ADMINISTRATIVE AND PROFESSIONAL OFFICE (OA & OP)
ZONES
Section
19.68.010 Purpose.
19.68.020Applicability of Regulations.
19.68.030 Permitted, Conditional and Excluded Uses.
19.68.040 Permits Required for Development.
19.68.050Site Development Regulations.
19.68.010 Purpose.
An administrative and professional office (OA) zone is created to accommodate a
demonstrated need for development of office space together with necessary landscaping and off-
street parking facilities in locations served by primary access, yet inappropriate for commercial
development because of close proximity to purely residential uses. It is intended that the
professional office uses established in this zone shall be designed and landscaped so as to be in
harmony with such adjacent residential uses.
The purpose of the Planned Office (OP) zoning district is to provide regulations for parcels or
combinations of parcels of land of 25 acres or more on which development of professional
administrative offices is deemed appropriate.
(Ord. 1601, Exh. A (part), 1992)
19.68.020 Applicability of Regulations.
No building, structure or land shall be used, and no building or structure shall be hereafter
erected, structurally altered or enlarged in an administrative and professional office (OA) or
planned office (OP) zone, otherwise than in conformance with the provision of this chapter.
(Ord. 1601, Exh. A (part), 1992)
19.68.030 Permitted, Conditional and Excluded Uses.
Permitted, Conditional and Excluded Uses that may be conducted from property zoned
Administrative and Professional Office (OA & OP), are identified in Section 19.64.020,
Permitted, Conditional and Excluded Uses in Commercial, Office and Industrial Zoning
Districts.
19.68.040 Permits Required for Development.
Prior to the erection of a new building or structure or enlargement or modification of an
existing building, structure, or site (including landscaping and lighting) in an OA or OP zoning
district, the applicant for a building permit must obtain permits in accord with Chapter 19.12.
- 253 -
19.68.050 SiteDevelopment Regulations.
Table 19.68.050 sets forth the rules and regulations pertaining to the development of property
zoned Administrative and Professional Office (OA) and Planned Office (OP).
Table 19.68.050: Site Development Regulations
OA OP
A. Minimum Lot Area, Lot Dimensions and Building Coverage
1. Minimum Size 1 acre
2. Minimum Lot
Dimension in any
direction
150 feet
3. Maximum Lot
Coverage
40% 40%
B. Height
1. Principal Building 30 feet (limited to two stories) 30 feet (limited to 3 stories) unless a
different height is allowed by the
General Plan
2. Accessory Structures 15 feet (limited to one story) 15 feet (limited to one story)
C. Setbacks
1. Front Yard 20 feet 50 feet but not less than a distance
equal to the height of the building
measure from natural grade
2. Side Yard:
a. Interior Side Same as those required in nearest
adjacent residential zoning
district.
20 feet but not less than a distance
equal to the height of the building
from the natural grade.
b. Street Side of
Corner Lot
Same as those required in nearest
adjacent residential zoning
district.
50 feet but not less than a distance
equal to the height of the building
from the natural grade.
3. Rear Yard Same as those required in nearest
adjacent residential zoning
district.
30 feet but not less than a distance
equal to the height of the building
from the natural grade.
4. Buildings over 35 feet
in height
- No structure in excess of 35 feet in
height shall be located closer to a
residential zone than a distance equal
to four times its height.
5. Setback from
Residential Zone
- 100 feet.
25 feet closed to any lot line shall be
used for landscaping, planting or
screening (except for access ways.)
6. Distance Between
Buildings on same lot
- 30 feet unless it is a complex with
similar architecture on lots of 10 acres
or more.
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OA OP
D. Off-street Parking Shall be in accord with the
requirements of Chapter 19.124
and shall not be located in the
required front yard setback area
of a lot.
Shall be in accord with the
requirements of Chapter 19.124 and
shall not be located in the required
front yard setback area or street side
yard setback area of a corner lot
E. Loading 1. At least one (1) permanently
maintained loading space not
less than ten (10) ft. in width,
thirty (30) ft. in length. and
fifteen (15) ft. high for each
20,000 sq.ft. of gross building
floor area or fraction thereof.
2. All loading space shall have
ingress and egress from alleys
or service drives.
3. Loading space may not be
located within the required
front yard or in any required
side yard facing the street on a
corner lot.
-
F. Landscaping Plan Shall be in accord with the
requirements of the Landscaping
Ordinance
Shall be in accord with the
requirements of the Landscaping
Ordinance
G. Fences Shall be in accord with the Fence
Ordinance
No fence, hedge or wall shall be
higher than two and one-half feet
within a front yard. All planting,
fencing and walls, including, but not
restricted to fences and walls along
rear and side property lines, shall be as
approved in conjunction with a permit.
H. Utilities and
Amenities
1. The following amenities and
utilities shall be installed
subject to the specifications
of the subdivision ordinance:
a. All utilities including
water, gas, sanitary and
storm sewers, underground
power systems, and
b. Amenities including,
lighting electroliers, curbs,
gutters, streets and
sidewalks and
1. The following amenities and
utilities shall be installed subject to
the specifications of the
subdivision ordinance:
a. All utilities including water,
gas, sanitary and storm sewers,
underground power systems,
and
b. Amenities including, lighting
electroliers, curbs, gutters,
streets and sidewalks and Consistency
- 255 -
OA OP
c. Connections to main
systems shall be installed
subject to the
specifications of the
subdivision ordinance of
the City.
2. All wires, pipes, cables,
utilities and connections shall
be placed in underground or
subsurface conduits subject to
the specifications of the
subdivision ordinance of the
City.
3. Underground vaults, or, well
screened areas, if
underground vaults are
deemed to be infeasible by
the City Engineer and the
Director of Community
Development, must be
provided for the installation
of the necessary utilities.
c. Connections to main systems
shall be installed subject to the
specifications of the subdivision
ordinance of the City.
2. All wires, pipes, cables, utilities
and connections shall be placed in
underground or subsurface
conduits subject to the
specifications of the subdivision
ordinance of the City.
3. Underground vaults, or, well
screened areas, if underground
vaults are deemed to be infeasible
by the City Engineer and the
Director of Community
Development, must be provided
for the installation of the necessary
utilities.
I. Mechanical
Equipment
Air conditioning, exhaust fans,
and other mechanical equipment
shall be visually screened.
Air conditioning, exhaust fans, and
other mechanical equipment shall be
visually screened.
- 256 -
CHAPTER 19.72: LIGHT INDUSTRIAL (ML) AND INDUSTRIAL PARK (MP) ZONES
Section
19.72.010 Purpose.
19.72.020 Applicability of Regulations.
19.72.030 Permitted, Conditional and Excluded Uses.
19.72.040 Permits Required for Development.
19.72.050 Restrictions Related to Emissions.
19.72.060 Site Development Regulations.
19.72.010 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. 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.
The purpose of the Industrial Park (MP) zoning district is to provide regulations for parcels or
combinations of parcels of land of 25 acres or more on which development of light industrial
parks is deemed appropriate.(Ord. 1601, Exh. A (part), 1992)
19.72.020 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 and MP zone, otherwise than in conformance with the
provisions of this chapter and other applicable provisions of this title.
(Ord. 1601, Exh. A (part), 1992)
19.72.030 Permitted, Conditional and Excluded Uses.
Permitted, Conditional and Excluded Uses that may be conducted from property zoned Light
Industrial (ML) or Planned Industrial (MP) are identified in Section 19.60.020, Permitted,
Conditional and Excluded Uses in Commercial, Office and Industrial Zoning Districts.
19.72.040 Permits Required for Development.
Prior to the erection of a new building or structure or enlargement or modification of an existing
building, structure, or site (including landscaping and lighting) in an ML or MP zoning district,
the applicant for a building permit must obtain permits in accord with Chapter 19.12.
- 257 -
19.72.050 Restrictions Related to Emissions.
No use shall be allowed which is or will be offensive by reason of the emission of dust, gas,
smoke, noise, fumes, odors, bright lights, vibrations, nuclear radiation, radio frequency
interference, or otherwise. Every use shall be operated in such manner that the volume of sound
inherently and recurrently generated shall not exceed sixty-five (65) decibels during the day and
55 decibels at night, at any point on the property line on which the use is located, or sixty (60)
decibels during the day and 55 decibels at night, at any point on the property line on which the
use is located where such property line abuts property that is zoned for residential purposes.
Noise and sounds shall be appropriately muffled in such manner so as not to be objectionable as
to intermittent beat, frequency, or shrillness.
Provided further that prior to issuance of a building permit the Building Inspector may require
evidence that adequate controls, measures, or devices have been provided to insure and protect
the public interest, health, comfort, convenience, safety and general welfare from such nuisances.
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 (75)
footlamberts from a source of direct light, or one hundred (100) footlamberts 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 (50) footlamberts from a source of
direct light, or seventy-five (75) footlamberts from a source of reflected light.
D. Smoke. No emission shall be permitted at any point, from any chimney or otherwise, of
visible grey smoke of a shade equal to or darker than No. 1 on the Ringelmann Smoke Chart, as
published by the U.S. Department of Interior, Bureau of Mines, Informational Circular 8333,
May 1967); except that a visible grey smoke of a shade equal to No. 2 on the Ringelmann Smoke
Chart may be emitted for four (4) minutes in any thirty (30) minutes.
E. Hazardous and Toxic Materials. The use, handling, storage, and transportation of toxic and
hazardous materials shall comply with the provisions of the California Hazardous Materials
Regulations (California Administrative Code, Title 22, Division 4). The use, storage,
manufacture and disposal of hazardous materials shall be regulated and monitored according to
- 258 -
the standards established by the U.S. Environmental Protection Agency (EPA), the California
Environmental Protection Agency (Cal/EPA) and any delegated government agencies.
F. Odor. No emission of odorous gases or other odorous matter shall be permitted in such
quantities as to be readily detectable without the aid of instruments at the boundaries of the lot or
in such concentrations as to create a public nuisance or hazard beyond such boundaries. 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. Fly Ash, Dust, Fumes, Gases and Other Forms of Air Pollution. No emission shall be
permitted which can cause any damage to health, animals, vegetation or other forms of property,
or that will result in the collection of heavy gases at ground level. 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 (500) degrees Fahrenheit and fifty (50) percent excess air.
H. Wastes. No discharge shall be permitted into any public street or sewer, private sewage
disposal system, stream, body of water, 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, except in accordance with standards approved by the California
Environmental Protection Agency (Cal/EPA) and any other governmental agency having
jurisdiction over the activities.
(Ord. 1601, Exh. A (part), 1992)
- 259 -
19.72.060 Site Development Regulations.
Table 19.72.060 sets forth the rules and regulations pertaining to the development of structures on property zoned Light Industrial
(ML and ML-rc) and Industrial Park (MP). In ML-rc and ML-fa zones, if no standards are listed, the standard reverts to the ML
zoning standards.
Table 19.72.060: Site Development Regulations.
ML ML-rc ML-fa MP
A. Minimum Lot Area, Lot Dimensions and Building Coverage
1. Minimum Lot
Area
10,000 square feet 1 acre
2. Zoning
Designation
Each lot shall be designated
with a number after a dash
representing the minimum
number of square feet (in
thousands) allowed for such
lot.
3. Lot Dimensions Each lot shall have a shape
such that a square with a side
of 100 feet can be inscribed
within the lot.
150 feet
4. Maximum Lot
Coverage
40% 40%
B. Height
1. Building 40 feet (limited to 2 stories)
unless a different height is
allowed by the General Plan
30 feet (limited to 3 stories) unless
a different height is allowed by the
General Plan
2. Accessory
Structure
15 feet (limited to one story) 15 feet (limited to one story)
C. Setbacks
1. Front Yard 25 feet or must conform to
19.60.060(C)6 below
50 feet but not less than a distance
equal to the height of the building
measured from natural grade
- 260 -
ML ML-rc ML-fa MP
2. Side Yard
a. Interior
Side
No minimum if adjacent to ML
or T zoning districts, otherwise
15 feet, and must conform to
19.72.060(C)4 below
The building shall
extend the entire
width of the lot,
except for one
driveway or
gateway no wider
than necessary.
20 feet but not less than a distance
equal to the height of the building
measured from the natural grade.
b. Street Side
of Corner
Lot
No minimum if adjacent to ML
or T zoning districts, otherwise
15 feet, and must conform to
19.72.060(C)4 below
50 feet but not less than a distance
equal to the height of the building
measured from the natural grade.
3. Rear Yard No minimum if adjacent to ML
or T zoning districts, otherwise
20 feet, and must conform to
19.72.060(C)4 below
30 feet but not less than a distance
equal to the height of the building
measured from the natural grade.
4. Buildings over
20 feet
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.
5. Buildings over
35 feet
- No structure in excess of 35 feet in
height shall be located closer to a
residential zone than a distance
equal to four times its height.
6. Setback from
Residential
Zones
a. When lot adjacent to or
separated by a street from
area zoned R-1 or A-1,
setback shall be 50 feet for
all required yard setbacks.
b. 25 feet closest to any lot
line shall be used for
landscaping, planting or
screening (except for access
a. 100 feet
b. 25 feet closest to any lot line
shall be used for landscaping,
planting or screening (except
for access ways.)
- 261 -
ML ML-rc ML-fa MP
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 25 feet.
7. Distance
Between
Buildings on
same lot
30 feet unless it is a complex with
similar architecture on lots of 10
acres or more.
D. Off-street
Parking
Shall be in accord with the
requirements of Chapter
19.124. However, where the
number of parking spaces
exceeds one per 500 square
feet of total lot area, the use
shall be subject to the issuance
of a conditional use permit as
required by Chapter 19.60.
Shall be in accord with the
requirements of Chapter 19.124
and shall not be located in the
required front yard setback area or
street side yard setback area of a
corner lot
E. Driveway Access
and Driveways
1. There shall be no direct
vehicular access from
ML-rc zoned properties
to Stevens Creek
Boulevard and
McClellan Road
2. There shall be no street
connection with
McClellan Road
between Highway 85
and the railroad line
3. All onsite driveways
shall have adequate
One driveway of
gateway no wider
than necessary.
- 262 -
ML ML-rc ML-fa MP
width and length to
accommodate the
largest vehicles that
normally serve a lot,
without blocking any
part of the public right-
of-way.
F. Loading Shall be in accord with
requirements of Chapter
19.124.
Loading space shall not be
located within the front
yard or side yards of the
property and shall be
screened from public street
view.
Loading,
unloading and
parking of delivery
vehicles shall be
located in the rear
of the building
1. At least one (1) permanently
maintained loading space not
less than ten (10) ft. in width,
thirty (30) ft. in length, and
fifteen (15) ft. high for each
20,000 sq.ft. of gross building
floor area or fraction thereof.
2. All loading space shall have
ingress and egress from alleys
or service drives.
3. Loading space shall not be
located within the required
front yard or in any required
side yard facing the street on a
corner lot.
G. Landscaping Shall be in accord with the
requirements of Chapter 14.15,
the Landscaping Ordinance
1. Front yards shall be
landscaped
2. Rear yards facing
Highway 85 shall be
screened by
landscaping from
public street view.
3. Shall be in accord with
the requirements of
Shall be in accord with the
requirements of Chapter 14.15, the
Landscaping Ordinance
- 263 -
ML ML-rc ML-fa MP
Chapter 14.15, the
Landscaping Ordinance
H. Fences Shall be in accord with the
requirements of Chapter 19.48
No fence, hedge or wall shall be
higher than two and one-half feet
within a front yard. All planting,
fencing and walls, including, but
not restricted to fences and walls
along rear and side property lines,
shall be as approved
I. Utilities and
Amenities
1. The following shall be
installed subject to the
specifications of the
subdivision ordinance:
a. All utilities including
water, gas, sanitary and
storm sewers,
underground power
systems, and
b. Amenities including,
lighting electroliers,
curbs, gutters, streets
and sidewalks and
c. Connections to main
systems shall be
installed subject to the
specifications of the
subdivision ordinance of
the City.
2. All wires, pipes, cables,
utilities and connections
shall be placed in
underground or subsurface
1. The following shall be installed
subject to the specifications of
the subdivision ordinance:
a. All utilities including water,
gas, sanitary and storm
sewers, underground power
systems, and
b. Amenities including,
lighting electroliers, curbs,
gutters, streets and
sidewalks and
c. Connections to main
systems shall be installed
subject to the specifications
of the subdivision ordinance
of the City.
2. All wires, pipes, cables,
utilities and connections shall
be placed in underground or
subsurface conduits subject to
the specifications of the
subdivision ordinance of the
City.
- 264 -
ML ML-rc ML-fa MP
conduits subject to the
specifications of the
subdivision ordinance of
the City.
Underground vaults, or, well
screened areas, if underground
vaults are deemed to be
infeasible by the City Engineer
and the Director of
Community Development,
must be provided for the
installation of the necessary
utilities.
3. Underground vaults, or, well
screened areas, if underground
vaults are deemed to be
infeasible by the City Engineer
and the Director of Community
Development, must be
provided for the installation of
the necessary utilities.
- 265 -
CHAPTER 19.76: PUBLIC BUILDING (BA), QUASI PUBLIC BUILDING (BQ)
ANDTRANSPORTATION (T) ZONES
Section
19.76.010 Purpose.
19.76.020 Applicability of Regulations.
19.76.030 Permitted, Conditional and Excluded Uses in BA, BQ and T Zones.
19.76.040 Permits Required for Development.
19.76.050 Application Requirements.
19.76.060 Site Development Regulations.
19.76.010 Purpose.
The BA, BQ and T zoning districts are designed to accommodate governmental, public utility,
educational, religious, community service, transportation, or recreational facilities in the City.
(Ord. 1601, Exh. A (part), 1992)
19.76.020 Applicability of Regulations.
The specific regulations of this chapter shall apply to all BA, BQ and T zoning districts.
(Ord. 1601, Exh. A (part), 1992)
19.76.030 Permitted, Conditional and Excluded Uses in BA, BQ and T Zones.
Permitted, Conditional and Excluded Uses that may be conducted from property zoned Public
Building (BA), Quasi-Public Building (BQ), and Transportation (T) are identified in Table
19.76.030, Permitted, Conditional and Excluded Uses in Public, Quasi-Public and Transportation
Zoning Districts.
Table 19.76.030 – Permitted, Conditional, and Excluded Uses in BA, BQ and T Zones
Zoning Districts BA BQ T Uses
1. Buildings and other uses on land owned or utilized by a federal,
state, county, or city government or authority, or by a special
district created for public purposes under the laws of the State
of California are permitted in a BA zone.
P -
-
2. Rotating homeless shelter provided that the following
conditions are met:
a. Shelter is located within an existing church structure;
b. The number of occupants does not exceed twenty-five;
c. The hours of operation do not exceed six p.m. to seven a.m.;
d. Adequate supervision is provided;
e. Fire safety regulations are met; and
- P
-
- 266 -
Zoning Districts BA BQ T Uses
f. Operation period does not exceed two months in any twelve-
month period at any single location.
3. Permanent emergency shelter provided the following conditions
are met:
a. Section 19.76.030(2)(a)-(e); and
b. Occupancy is limited to six months or less.
- P -
4. Public utility companies regulated by the Public Utility
Commission for uses restricted to administrative and office
buildings, communication equipment buildings, including
parking, landscaping and maintenance within an enclosed area
or storage yard;
- CUP -
PC
-
5. Religious, civic, and comparable organizations, for uses
restricted to church buildings, community halls, administrative
buildings, schoolrooms, recreational facilities, and athletic
fields, convents, seminaries, and similar uses customarily
associated with churches, including parking and landscaping
areas;
- CUP –
PC
-
6. Child care facility, residential care facilities, congregate
residence, hospitals, vocational and specialized schools; - CUP –
PC
-
7. Lodges, clubs, country clubs, including accessory uses such as
swimming pools, picnic areas, golf courses, driving tees or
ranges, miniature golf courses (all uses to be restricted to
members of the above organizations and their guests);
- CUP –
PC
-
8. Large-family daycare home; - CUP –
PC
-
9. Airports, airfields and helicopter terminals, including
administration and service buildings, maintenance and storage
yards
- -
CUP –
PC
10. Railroads, including terminals and stations, freight yards,
marshaling yards, storage yards, administrative and service
buildings
- -
CUP –
PC
11. Bus terminals and stations, including administration and service
buildings, maintenance and storage yards - - CUP –
PC
12. Freeways, expressways, and other roads with limited or
controlled access, including administrative buildings and
maintenance yards
- -
CUP –
PC
Key:
P – Permitted Use
- – Not Allowed
CUP – Admin. – Conditional Use Permit issued by the Director of Community Development
CUP – PC – Conditional Use Permit issued by the Planning Commission
CUP – CC – Conditional Use Permit issued by the City Council
- 267 -
Ex - Excluded Uses
19.76.040 Permits Required for Development.
Prior to the erection of a new building or structure or enlargement or modification of an
existing building, structure, or site (including landscaping and lighting) in a BA. BQ or T zoning
district, the applicant for a building permit must obtain permits in accord with Chapter 19.12.
19.64.050 Application Requirements.
Prior to the issuance of development permits, or any amendment thereto, an application shall
be made that, in addition to the requirements in Chapter 19.12, shall include a development plan.
The plan shall include:
A. Types and heights of buildings/structures and location of areas where buildings are to be
placed;
B. A proposed system of public and private streets, including cross-sections for all types of
streets;
C. Landscape plans;
D. Parking and loading plans as required by this title;
E. Any other information, which the Director of Community Development requires in order to
evaluate the effects of the proposed facilities on the surrounding areas.
(Ord. 2056, (part), 2010; Ord. 1601, Exh. A (part), 1992)
19.64.060 Site Development Regulations.
A. Maximum Height of Buildings and Structures. The height of buildings in BA, BQ and T zone
districts is regulated by the development plan.
B. Setbacks and Screening.
1. There are no minimum setbacks in BA, BQ or T zoning districts; provided, however, that
the Planning Commission may establish minimum setbacks with respect to each individual
application for a development permit or a conditional use permit in order to provide adequate
light, air and visibility at intersections, and to provide general conformity with adjacent and
nearby zones and lots, or to promote the general excellence of the development;
2. Adequate screening to limit noise, to reduce glare of lights, and to prevent obnoxious
emissions shall be provided when deemed appropriate by the Planning Commission.
(Ord. 2056, (part), 2010; Ord. 1601, Exh. A (part), 1992)
- 268 -
CHAPTER 19.80: PLANNED DEVELOPMENT (P) ZONES
Section
19.80.010 Purpose.
19.80.020 Applicability of Regulations.
19.80.030 Establishment of Districts–Permitted and Conditional Uses.
19.80.040 Zoning or Prezoning.
19.80.050. Development Permit.
19.80.010 Purpose.
A. The planned development (P) zoning district is intended to provide a means of guiding land
development or redevelopment of the City that is uniquely suited for planned coordination of
land uses and to provide for a greater flexibility of land use intensity and design because of
accessibility, ownership patterns, topographical considerations, and community design
objectives.
B. The planned development zoning district is specifically intended to encourage variety in the
development pattern of the community; to promote a more desirable living environment; to
encourage creative approaches in land development; to provide a means of reducing the amount
of improvements required in development through better design and land planning, to conserve
natural features, to facilitate a more aesthetic and efficient use of open spaces, and to encourage
the creation of public or private common open space.
19.80.020 Applicability of Regulations.
No building, structure or land shall be used and no building or structure shall be erected,
enlarged or structurally altered, or demolished, in any planned development zoning district,
except in accordance with the provisions set forth in this chapter.
19.80.030 Establishment of Districts–Permitted and Conditional Uses.
A. Planned development zoning districts may be established, modified or removed from the
zoning map, and the regulations applicable to any planned development district may be
established, modified or deleted in accord with the procedures described in this chapter.
B. All P districts shall be identified on the zoning map with the letter coding “P” followed by a
specific reference to the general type of use allowed in the particular planning development
zoning district. For example, a planned development zoning district in which the uses are to be
general commercial in nature, would be designated “P(CG).” A planned development zoning
district in which the uses are intended to be a mix of general commercial and residential would
be designated “P(CG/Res).”
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C. Permitted uses in a P zoning district shall consist of all uses which are permitted in the
zoning district which constitutes the designation following the letter coding “P.” For example,
the permitted uses in a P(CG) zoning district are the same uses which are permitted in a CG
zoning district.
D. Conditional uses in a P zoning district shall consist of all uses which require the issuance of
a conditional use permit in the zoning district which constitutes the designation following the
letter coding “P.” For example, the conditional uses in a P (CG) zoning district are the same uses
which require a conditional use permit in CG zoning district. Each conditional use in a P zoning
district requires a separate conditional use permit.
E. The general category of uses in a P zone shall be defined at the time of the conceptual plan,
and shall be consistent with the adopted General Plan relative to the property in the
application. The development standards and regulations of the permitted and conditional uses
shall be established in conjunction with the approval of the conceptual and definitive plans.
19.80.040 Zoning or Prezoning.
A. Application - The applicant for a P zoning district shall, in addition to information required per
Chapter 19.12, Administration, at the time of the application, submit to the Director of
Community Development a conceptual development plan, which shall include:
1. Ageneral description of the proposed uses,
2. The proposed traffic-circulation system,
3. A topographical map of the site and the neighboring properties,
4. A landscaping plan.
B. Process and Review Authority –
1. Applications for the zoning, prezoning or rezoning of property shall be processed in the
manner prescribed in Chapter 19.152, Amendments to the Zoning Maps or Zoning Regulations.
C. Findings – No such ordinance may be adopted unless, in addition to making the findings
required by Chapter 19.152, Amendments to the Zoning Maps or Zoning Regulations
Ordinance, the following findings are made:
1. That the conceptual development plan attached to the application is consistent with
both the General Plan and any underlying zoning designation which regulates the site;
2. That the conceptual development plan provides for an organized and unified system of
land uses and land use intensities which would be compatible with the surrounding
neighborhood;
3. That the conceptual development plan for a residential use ensures that the proposed
development provides adequate active and passive oriented open space within the development
to satisfy the needs of future residents and, further, that the proposed development provides
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adequate landscaping that will function in a manner which will enhance the individual
development and the community as a whole;
4. That the conceptual development plan ensures that the location of the site with respect
to major thoroughfares and uses outside the zone would not create undue and unreasonable
traffic congestion in the area;
5. That the conceptual development plan makes provisions for adequate parking, waste
disposal and undergrounding of utilities.
D. Modifications - Any modification of the conceptual plan requires the submission of a
rezoning application.
19.80.050 Development Permit.
Process and Review Authority - Prior to any development within a planned development zoning
district, the applicant must obtain a development permit approving the development pursuant to
the requirements of Chapter 19.156, Planned Development Permits, Conditional Use Permits and
Variances.
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CHAPTER 19.84: PERMITTED, CONDITIONAL AND EXCLUDED USES IN OPEN SPACE, PARK AND RECREATION
AND PRIVATE RECREATION ZONING DISTRICTS
Section
19.84.010 Applicability of Regulations
19.84.020 Permitted, Conditional and Excluded Uses in Open Space, Park and Recreation and Private Recreation Zones.
19.84.010 Applicability of Regulations
No building or structure or land shall be used in an OS, PR and FP zoning district, otherwise than in conformance with the
provisions of this chapter.
19.84.020 – Permitted, Conditional and Excluded Uses in Open Space, Park and Recreation and Private Recreation Zones
Table 19.84.020 sets forth the Permitted, Conditional and Excluded Uses in Open Space, Park and Recreation and Private Recreation
zones.
Table 19.84.020 – Permitted, Conditional and Excluded Uses in Open Space, Park and Recreation and Private Recreation Zones
Zoning Districts OS PR FP Uses
A. Low-intensity recreational uses such as hiking, birdwatching, walking, picnicking and other similar activities P - -
B. Minor maintenance of vegetation such as mowing or trimming P - -
C. Incidental gardening P - -
D. The erection or maintenance of minor structures, such as fences, gates, culverts and drainage ditches. P - -
E. Any legal nonconforming use as provided for in Chapter 19.140 of the City’s Ordinance Code P - -
F. Temporary uses subject to regulations established by Chapter 19.160 CUP –
Admin
- -
G. Noncommercial stables for riding horses CUP –
Admin
- -
H. Artificial or constructed pools, ponds, lakes or streams CUP -
Admin
- -
I. Playgrounds CUP -
Admin
- -
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Zoning Districts OS PR FP Uses
J. Any other use which is compatible with open space and otherwise is in conformance with the purposes of the OS
zoning district
CUP -
Admin
- -
K. Parks, playgrounds, and recreation facilities, as regulated by Title 13 of this code - P -
L. Agricultural uses such as crop and tree farming, and the keeping of domestic barnyard animals - P -
M. Single-family residences for the purpose of housing a caretaker for the park. The residence may take the form of a
mobilehome as well as a permanent residential structure. - P -
N. Accessory facilities and uses customarily incidental to permitted uses and otherwise conforming with the
provisions of Chapter 19.92 of this title - P -
O. Parking facilities as necessary for park usage - P -
P. Outdoor Uses:
1. Equestrian center including riding academies, stables and horse rental,
2. Practice range for archery or firearms,
3. Golf course with or without driving range,
4. Swim and racquet club,
5. Swimming, diving or related sports center,
6. Picnic areas,
7. Racquet sports center for tennis, racquetball, badminton and similar activities,
8. Specialty outdoor activity center encompassing one or more of the following or similar uses:
a. Roller skating,
b. Skateboarding,
c. Lawn bowling, bocce ball,
d. Miniature golf,
e. Waterslide,
9. Commercial athletic field for one or more of the following or similar uses:
a. Baseball, softball or batting cage training,
b. Football
c. Soccer,
d. Volleyball,
e. Field hockey,
f. Basketball,
10. Amusement parks with or without rides or live entertainment,
-
-
-
-
CUP
– PC
CUP
– PC
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Zoning Districts OS PR FP Uses
11. Bicycle motocross course/go-cart track or similar specialty raceway, but excluding facilities for racing of
automobiles or motorcycles,
12. Air sports field for hang gliding, ultralight aircraft or ballooning, but excluding common carrier passenger
aircraft service,
13. Other outdoor recreation uses which are found by the Director of Community Development to be of similar
intensity and characteristics of use to those enumerated in this subdivision;
-
-
CUP
- PC
Q. Indoor Uses:
1. Museums and galleries,
2. Theaters for film, stage or music entertainment,
3. Specialty indoor activity center encompassing one or more of the following or similar uses:
a. Bowling,
b. Video games,
c. Pool, billiards,
d. Martial arts,
e. Ice or roller skating rink,
4. Personal fitness or sports training center with primary location of facilities and equipment enclosed within a
structure,
5. Dancehall or facility for dance instruction,
6. Other indoor recreation uses which are found by the City Council or Planning Commission to be of similar
intensity and characteristics of use to those enumerated in this subsection.
- - CUP
-PC
R. Subsidiary Uses:
1. Competition and tournament facilities, including stadium seating, concession stands and box office/ticket sales
for on-premises events only,
2. Restaurant without separate bar facility,
3. Repair shop, servicing equipment associated with the activities authorized under the principal use permit,
4. Retail sales of equipment and supplies customarily associated with the activities authorized under the principal
use permit,
5. Caretaker’s or security officer’s residence
6. Other uses deemed by the Planning Commission or City Council to be subsidiary to the principal use
authorized on the site.
- - CUP
- PC
S. Card Clubs and similar businesses operating games of chance - - Ex
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Zoning Districts OS PR FP Uses
T. Nightclubs - - Ex
U. Other uses which are found by the Director of Community Development to be in conflict with the objective of the
FP zoning district - - Ex
Key:
P – Permitted Use
- – Not Allowed
CUP – Admin. – Conditional Use Permit issued by the Director of Community Development
CUP – PC – Conditional Use Permit issued by the Planning Commission
CUP – CC – Conditional Use Permit issued by the City Council
Ex - Excluded Uses
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CHAPTER 19.88: OPEN SPACE (OS) ZONES
Section
19.88.010 Purpose.
19.88.020 Applicability of Regulations.
19.88.030 Permitted, Conditional and Excluded Uses.
19.88.040 Permits Required for Development.
19.88.010 Purpose.
Open space (OS) zones are intended to provide for the establishment of open space uses in
private natural areas in order to avoid urban sprawl and to preserve environmentally sensitive
areas in their natural condition.
(Ord. 1608, § 1 (part), 1992)
19.88.020 Applicability of Regulations.
A. Prohibition. No structure or land shall be used, and no building or structure shall be hereafter
erected, structurally altered, or enlarged in an open space (OS) zone, otherwise than in
conformance with the provisions of this chapter.
B. Limitations to Applicability of Regulations. The open space zoning district may only be
designated on land within the City of Cupertino under one, or more, of the following
circumstances:
1. The property owner of the subject property either makes application with the City for
such designation to apply to his or her property, or otherwise gives his or her written consent to
the application of this chapter to his or her property;
2. The subject property is encumbered by any recorded open space easement or written
dedication of the development rights granted to the City;
3. The subject property is to remain open space under the terms of any development
agreement entered into pursuant to the City's Ordinance Code, or under the terms of any written
and recorded private agreement, a copy of which is provided to the City prior to any designation
under this chapter;
4. The subject property is to remain open space under any condition of approval to any
implemented entitlement of use, including, but not limited to, development permits, planned
development permits, conditional use permits, variances, subdivision maps, exceptions, or
building permits issued by the City or any other public agency.
(Ord. 2056, (part), 2010; Ord. 1608, § 1 (part), 1992)
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19.88.030 Permitted, Conditional and Excluded Uses.
Permitted, Conditional and Excluded Uses that may be conducted from property zoned Open
Space (OS) are identified in Section 19.72.020, Permitted, Conditional and Excluded Uses in
Open Space, Park and Recreation, and Private Recreation Zoning Districts.
19.88.040 Permits Required for Development.
Prior to the erection of a new building or structure or enlargement or modification of an
existing building, structure, or site (including landscaping and lighting) in an OS zoning district,
the applicant for a building permit must obtain permits in accord with Chapter 19.12,
Administration.
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CHAPTER 19.92: PARK AND RECREATION (PR) ZONES
Section
19.92.010 Purpose.
19.92.020 Applicability of Regulations.
19.92.030 Permitted, Conditional and Excluded Uses.
19.92.040 Park Master Plan.
19.92.010 Purpose.
The purpose of the park and recreation zone is to regulate the land uses and recreational activity
permitted within publicly owned parks within the City, to ensure the safety and enjoyment of the
persons utilizing the park facilities, as well as to protect the rights of adjoining property owners.
(Ord. 1601, Exh. A (part), 1992)
19.92.020 Applicability of Regulations.
No building, structure, or land shall be used, and no building or structure shall be erected,
structurally altered, or enlarged in a park and recreation zone, otherwise than in conformance
with the provisions of this chapter.
(Ord. 1601, Exh. A (part), 1992)
19.92.030 Permitted, Conditional and Excluded Uses.
Permitted, Conditional and Excluded Uses that may be conducted from property zoned Park and
Recreation (PR) are identified in Section 19.72.020, Permitted, Conditional and Excluded Uses
in Open Space, Park and Recreation, and Private Recreation Zoning Districts.
19.92.040 Park Master Plan.
A. The Director of Parks and Recreation shall submit development plans for any proposed park
or recreation facility to the Parks and Recreation Commission, which shall hold a public hearing
concerning the proposal.
B. Prior to submitting its recommendation to the City Council, the Parks and Recreation
Commission shall submit the proposal to the Planning Commission for its recommendation to
include an environmental assessment of the plans and a finding that the proposal is consistent
with the General Plan.
C. The findings of the Planning Commission shall thereafter be forwarded to the Parks and
Recreation Commission for presentation to the City Council.
(Ord. 1601, Exh. A (part), 1992)
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CHAPTER 19.96: PRIVATE RECREATION (FP) ZONE
Section
19.96.010 Purpose.
19.96.020 Applicability of Regulations.
19.96.030 Zoning Designations.
19.96.040 Permitted, Conditional and Excluded Uses.
19.96.050 Subsidiary Uses.
19.96.060 Permits Required for Development
19.96.070 Application Requirements.
19.96.080 Performance Standards.
19.96.010 Purpose.
A. The purpose of creating a private recreation (FP) zone is to facilitate zoning under use permit
controls which promote privately sponsored business enterprise for the cultural and recreational
needs of the community which are distinct from, and yet serve as an enhancement to the
organized activity and passive open space uses traditionally provided by the public sector on City
or regional parklands.
B. The FP zoning district is intended to encourage a diverse range of recreational development
by private interests. 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.
(Ord. 1601, Exh. A (part), 1992)
19.96.020 Applicability of Regulations.
No building, structure, or land shall be used, and no building or structure shall be erected,
structurally altered or enlarged in a private recreation zone, otherwise than in conformance with
the provisions of this chapter. Compliance with this chapter does not relieve the owner or
developer of property intended to be included in an FP zone from complying with all other
applicable City ordinance or conforming with the provisions of the City’s General Plan.
(Ord. 1601, Exh. A (part), 1992)
19.96.030 Zoning Designations.
The ordinance rezoning each property or parcel to the private recreation (FP) zone
classification shall include one of the suffixes in the table below, indicating the primary use
intent for the site. Uses authorized for any site are interchangeable between indoor and outdoor
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activity, and may include activities listed under both subdivision “i” and subdivision “o” of
Section 19.96.040, notwithstanding the suffix designation.
Suffix
ZoningSymbol
Activity
Characterization
Use Characteristics
-i FP-i Indoor Uses oriented primarily to activities which take
place within an enclosed structure, and as listed in
Table 19.84.020.
(Ord. 1601, Exh. A (part), 1992)
19.96.040 Permitted, Conditional and Excluded Uses–.
Permitted, Conditional and Excluded Uses that may be conducted from property zoned Private
Recreation (FP) are identified in Section 19.72.020, Permitted, Conditional and Excluded Uses in
Open Space, Park and Recreation, and Private Recreation Zoning Districts.
19.96.050 Subsidiary Uses.
The subsidiary uses identified in Section 19.84.020 (R) may be permitted with a conditional
use permit issued by the Planning Commission when such uses are intended:
A. To serve primarily the convenience of persons drawn to the site to engage in the activities
authorized thereon as the principal use;
B. To operate in conjunction with, and be subsidiary to, any of the principal uses described in
Section 19.84.020
19.96.060 Permits Required for Development
At the inception of a rezoning to the FP classification, such rezoning shall be accompanied by a
simultaneous request for use permit approval, in accord with the requirements of Chapter 19.12.
19.96.070 Application Requirements.
A development plan shall be approved in conjunction with each request for rezoning to the FP
district, or with each separate use permit application subsequent to such rezoning. The
development plan shall, in addition to information required by Chapter 19.12, include, but shall
not be limited to the following content:
A. Definition of uses within the buildings, a use distribution table setting forth the property size,
and the amount of land devoted to the principal recreation use or uses and support activities;
B. Depiction of surrounding uses at least one hundred 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 location of driveway aprons and pedestrian paths;
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C. A drawing describing the areas to be landscaped within the development, including areas
adjacent to streets. The functional aspects of landscaping design shall be described, including
but not limited to how landscaping is used to screen parked vehicles, to enhance the enjoyment
of activity 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 building square footage and land area involved with
each phase of the development.
(Ord. 1601, Exh. A (part), 1992)
19.96.080 Performance Standards.
A. General. Individual use permit requests for development of facilities in the FP zone shall be
subject to application of performance standards. The performance standards and potential
mitigation strategies listed in Section 19.96.080C shall:
1 Serve as guidelines applied by the Planning Commission and City Council in a manner
which best accomplishes the intent of the FP zone;
2 Ensure adequate mitigation of potentially detrimental impacts associated with a specific
use in a specific location.
B. Priority of Recreational Development. The City Council may approve a private recreational
use which is found to be inconsistent with any minimum performance standard stated in this
chapter upon finding that:
1. There is an offsetting factor of need for that use;
2. The use is of interest to residents of Cupertino over uses which draw from a regional
area.
C. Impact Mitigation Standards. The following chart shall be used to determine the level of
performance appropriate to each category in which one or more significant impacts may occur to
adjoining property and/or to the community at large as a result of any new or expanded use in the
FP zone. The City may impose specific mitigation strategies as conditions of use permit approval
to ensure compliance with the general performance standards, except as noted in Section
19.96.080B above:
Performance Standards
Category Criteria
Noise. 1. General Standards
-Adjoining properties shall be protected from noise levels exceeding noise
ordinance standards
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2. Potential Mitigation Strategies
-Provide physical barrier between noise source and sensitive receptor
-Limit hours of operation
-Prepare noise report describing detailed mitigation solutions
Traffic. 1. General Standard
-Conform to extraordinary use policy for uses located in urban settings
-Maintain existing LOS for nonurban street system locations
2. Potential Mitigation Strategies
-Prepare traffic report to ensure compliance with current standards
-Provide off-site roadway capacity improvements
-Limit hours of operation or peak hour activity
Intrusion. 1. General Standard
-Adjoining properties shall not be subject to intrusion from dust, odor, direct
visual access or glare from artificial lighting
2. Potential Mitigation Strategies
-Provide visual barrier between activity area and adjoining properties
-Specify cleanup interval for waste removal/dust control
-Control ventilation of fossil fuels and other combustibles
-Employ shielded lighting fixtures near roadways, homes or parks
Landscape. 1. General Standards
-Provide extensive landscaping for functional and decorative purposes where
context so demands
-Maintain and enhance natural landscape elements in rural and hillside areas
2.Potential Mitigation Strategies
-Use street frontage landscaping to reinforce neighborhood setting (setbacks,
plant types, tree spacing)
-Use interior perimeter landscaping to control visual intrusion, separate
conflicting uses, offset large impervious surface areas
-Preserve healthy native tree specimens, especially oaks and redwoods
-Select plant palette to complement natural materials and landforms
-Minimize disturbance of natural grade; avoid exaggerated pad elevations
Context. 1. General Standards
-Project design should complement the principal activity objective for the site’s
geographic setting
2. Potential Mitigation Strategies
-Rural Context. Preserve hillsides as quiet residential and open space areas
-Semirural Context. Preserve delicate natural ecology of floodplain and lower
foothills
-Urban Context. Maximize recreation potential where population is most highly
concentrated
(Ord. 1601, Exh. A (part), 1992)
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CHAPTER 19.100: ACCESSORY BUILDINGS/STRUCTURES
Section
19.100.010 Applicability of Regulations.
19.100.020 Accessory Uses and Facilities.
19.100.030 Site Development Regulations.
19.100.010 Applicability of Regulations.
The regulations established by this chapter shall be applicable in each district established by this
title.
(Ord. 1601, Exh. A (part), 1992)
19.100.020 Accessory Uses and Facilities.
A. Accessory uses and facilities shall be permitted in any district where incidental to and
associated with a permitted use and authorized conditional use therein, subject to the provisions
of the section.
B. Accessory uses and facilities:
1. Shall be subordinate to the primary activity of the principal use or principal facility,
respectively;
2. Shall contribute to the comfort, convenience, efficiency or necessity of the occupants, or
the activities of a principal use, or the function of a principal structure;
3. Shall be located on the same site as the principal use or structure served.
C. Accessory uses and facilities include, but are not limited to, the following list of examples,
provided that each accessory use or facility shall comply with all provisions of this title:
1. Residential garages, and parking facilities, together with access and circulation elements
necessary thereto;
2. Customer, visitor and employee parking facilities, and off-street loading facilities,
together with access and related elements necessary thereto;
3. Facilities for storage incidental to a principal use;
4. Recreational uses and facilities for the use and convenience of occupants or employees, or
guests thereof, of a principal use or facility;
5. Newsstands, gift shops, drugstores, and eating and drinking facilities, or similar services
intended solely for the convenience of occupants or employees, or guests thereof, of a
principal use or facility;
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6. Building management offices, when located within the principal facility and limited to the
management thereof;
7. Refreshment and service facilities in parks, playgrounds, and in permitted public or private
recreation facilities or schools;
8. The operation of service facilities and equipment in connection with schools, hospitals and
similar institutions or uses, when located on the site of the principal use.
D. No use or facility permitted as an accessory use or facility pursuant to this chapter shall be
construed to be permitted as a principal use or facility unless specifically authorized as
permitted or conditional use in the district in which it shall be located. Operation, occupancy
and continuance of allowable accessory uses and facilities shall be conditioned upon
continued occupancy or use of the principal use or facility being served.
(Ord. 1601, Exh. A (part), 1992)
19.100.030 Site Development Regulations.
A. General Regulations. Except as otherwise provided in this section, accessory buildings shall at
all times be located in conformance with requirements for principal buildings, and shall not be
located in any required front, sides, or rear yard setback area.
B. Residential and Agricultural Zones. In residential and agricultural zoning districts, accessory
buildings and structures may be located in a required interior yard, subject to the restrictions
in Table 19.100.030.
Table 19.100.030 Site Development Regulations.
1. Accessory buildings and structures (including decks and patios) which are attached to principal
dwellings
a. Ground level paving, landscape
features, and open recreational
facilities
Excluded from lot coverage regulations
b. Attached accessory
buildings/structures
Must meet all site development regulations,
including setbacks, height and lot coverage
regulations applicable to principal dwellings in the
applicable zone.
c. Attachment to principal dwelling Must be structurally integrated with the principal
dwelling.
d. Unenclosed Patio Covers Setback from rear property line = 10 feet
e. Attached Recreational Structures
with a floor or a step height greater
than 18 inches above any point of the
adjoining finished grade
Setback from any property line = 10 feet
f. First-floor decks and patios, other
than described in (e) above
Setback from any property line = Three (3) feet
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g. Second story decks and patios As set forth in each of the individual chapters.
If not identified in that zoning ordinance:
Minimum side yard setback = 15 feet
Minimum rear yard setback = 20 feet
Encroachment into required front yard setback = 3
feet maximum
2. Detached Accessory Buildings/ Structures in R-1, RHS, A, A-1 and R-2 Zoning Districts
a. In R-1, RHS, A and A-1 zones:
i. Area of Accessory
Buildings/Structures, not including
garage space
Limited to the gross building area as per Section
19.112.030(A)
ii. Basements in Accessory
Buildings/Structures
Shall count as floor area.
iii. Basement lightwells in Accessory
Buildings/Structures
Shall conform to Section 19.28.070
iv. Accessory Buildings/Structures with
living space
Shall conform to Chapter 19.100
b. Maximum lot coverage 30% of the useable rear yard area
c. Minimum setback from principal
dwelling
5 feet (measured between the eaves)
d. Minimum Setback (except for detached recreational buildings/structures in 2(j))
i. Front 20 feet in residential zones
30 feet in agricultural zones
ii. Rear Three (3) feet
iii. Side Interior side – Three (3) feet
Street side on corner lot – 15 feet
Street side on corner lot adjacent to key lot – 20 feet
e. For interior lots abutting only one
street, in R-2 and R-3 zones
No detached accessory building or structure, except
a detached garage, may occupy the front 50% of the
lot area.
f. Small, portable storage buildings less
than 6 feet in height, not attached to a
building, permanent foundation or
pad
1. Setback from principal dwelling unit may be less
than five (5) feet and
2. Setback from any property line must be at least
three (3) feet.
g. Maximum Height 20 feet (limited to one story)
h. Maximum Wall Plane Height 1. Shall not exceed seven (7) feet beginning at a
three (3) foot setback from rear or side property
lines.
2. The wall plane height may be increased by one
foot for each additional one and one-half feet of
setback (corresponding to a thirty-three-degree
angle), up to a maximum wall plane height of
fifteen feet, as depicted in the diagram attached to
the ordinance codified in this title.
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i. Walls less than five (5) feet from a
property line
1. May have windows if they have obscured glass or
have a sill height above five (5) feet from the
floor.
2. This does not apply to skylights or windows
which face a right-of-way or a non-residential
zoning district.
j. Detached recreational buildings/
structures with a floor or step height
greater than 18 inches above any
point at the adjoining finished grade
Setback from any property line = 10 feet other than
affixed play structures in 2(k) below.
k. Affixed play structures, such as a
swing or climbing apparatus
Allowed in setback area defined in 2(j) above
provided that:
1. Setback from any property line = three (3) feet,
and
2. If it does not comply with the requirements of
Sections 19.100.030(B)(2)(h) and (2)(j) above,
shall meet one of the two conditions below:
h. It is adjacent to the front or street side property
line of a corner lot or
ii. If the structure exceeds the requirements
relative to a property line other than the front
or street side property line of a corner lot, the
immediately adjacent property owner agrees
to the location prior to construction.
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CHAPTER 19.104: SIGNS
Section
19.104.010 Purpose and Intent
19.104.020 Applicability of Regulations
19.104.030 Permit Required
19.104.040 Sign Permit Application Requirements
19.104.050 Sign Permit Application – Review Criteria
19.104.060 Inspection Requirements
19.104.070 Appeals
19.104.080 Obstructions Prohibited
19.104.090 Construction and Maintenance Specifications.
19.104.100 Signs Exempt from Permit Requirements.
19.104.110 Prohibited Signs.
19.104.120 Signs in Special Planning Districts.
19.104.130 Sign Program – Applicability, Requirements and Findings.
19.104.140 Permanent Wall Signs.
19.104.150 Permanent Window Signs, Blade Signs & Logos, Symbols or Insignias.
19.104.160 Ground Signs.
19.104.170 Gasoline Station Signs.
19.104.180 Electronic Readerboard Signs, Changeable Copy Signs, Exposed & Visible Neon
Signs, Decorative Statuary and Beverage Container Recycling Signs.
19.104.190 Signs in and near Residential Districts.
19.104.200 Freeway Orientation.
19.104.210 Landmark Signs.
19.104.220 Design Criteria – Permanent Signs.
19.104.230 Illumination Restrictions.
19.104.240 Temporary Signs–Location.
19.104.250 Temporary Flags, Garage Sales, Temporary Political Signs and Subdivision Signs
19.104.260 Temporary Real Estate Signs and Project Announcement Signs
19. 104.270 Temporary Special Event Banners, Promotional Devices, and Portable Signs and
Displays.
19.104.280 Temporary Window Signs.
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19.104.290 Exception - Findings.
19.104.300 Enforcement of Provisions.
19.104.310 Nonconforming Signs.
19.104.320 Abandoned or Discontinued Signs.
19.104.330 Illegal Signs–Notice Required–Summary Removal Authorized When.
19.104.340 Authority to remove illegal signs in public right-of-way.
19.104.350 Storage of Removed Signs.
19.104.360 Owner Responsible for Removal, Alteration or Relocation Costs.
19.104.370 Illegal Signs–Deemed Public Nuisance–Court Action Authorized.
19.104.380 Violation Deemed Infraction–Penalty.
19.104.010 Purpose and Intent.
A. The purpose of the sign ordinance is to identify and enhance businesses while
maintaining the aesthetic appearance of the City.
B. A good sign program will provide information to the public concerning a particular
business or use and will serve the visual and aesthetic desires of the community.
C. The City has adopted this title with the intent to:
1. Provide architectural and aesthetic harmony of signs as they relate to building design
and surrounding landscaping;
2. Provide regulations of sign dimensions and quantity which will allow for good visibility
for the public and the needs of the business while providing for the safety of the public by
minimizing distraction to the motorist and pedestrian;
3. Provide for sign regulations that will be compatible with the building, siting, and the
land uses the signs are intended to identify;
4. Provide for maintenance of existing signs and a program for bringing nonconforming
signs into conformance with the standards of this title as changes are made to the signs or
businesses;
5. Provide procedures which will facilitate the efficient processing of sign applications; and
6. Provide design criteria which will promote attractive and effective signs for Cupertino
residents, businesses, employees and visitors.
(Ord. 1624, (part), 1993; Ord. 1987, (part), 2006)
19.104.020 Applicability of Regulations.
It is unlawful for a sign to be placed, erected, moved, reconstructed or altered unless made to
comply with the provisions of this title.
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19.104.030 Permit Required.
All signs which are not exempted by Section 19.104.100 require a sign permit to be approved
by the Director. The Director shall review and approve, approve with conditions or deny the
application within thirty calendar days from receiving an application for a sign.
19.104.040 Sign Permit Application Requirements
An application for sign approval shall, in addition to information required in Chapter 19.12,
Administration shall contain information regarding the size, color and samples, illumination
intensity and type, materials, number, location, type of signs, and the location of the business on
the site.
19.104.050 Sign Permit Application – Review Criteria
The Approval Body shall review the sign application to ensure that the following criteria are
met:
A. The proposed sign meets the requirements of this title or any special conditions imposed
in the development.
B. The proposed sign’s color and illumination is not in conflict with the safe flow of traffic
on the City streets.
C. The sign is in conformance with the Design Criteria in Section 19.104.220 of this Title.
19.104.060 Inspection Requirements.
The Building Inspector or Planner shall have the authority to review the light intensity of all
illuminated signs with the power to require reduction of the light intensity to ensure that the
sign’s illumination does not exceed the illumination standards as regulated by Section
19.104.230.
19.104.070 Appeals.
A decision by the Approval Body regarding the approval or revocation of a sign permit or
removal of a sign may be appealed pursuant to Chapter 19.12, Administration.
19.104.080 Obstructions Prohibited.
No sign or other advertising structure shall be erected, relocated or maintained so as to
prevent free ingress to or egress from any door, window, fire escape, driveway, sidewalk or bike
path.
19.104.090 Construction and Maintenance Specifications.
A. All signs shall conform to the building and wind load requirements of the Uniform
Building Code and Uniform Electrical Code as adopted in Title 16 of the Cupertino Municipal
Code.
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B. All signs with internal illumination shall be constructed of noncombustible materials, be
approved by Underwriters Laboratory (UL), U.S. Bureau of Standards, or other similar
institution of recognized standing, and be maintained in satisfactory condition or be immediately
repaired or replaced.
C. All electrical, gas or other utility service and other pertinent fixtures shall be placed
underground.
D. Guy wires or cable supports used to brace the sign shall not be visible to the observer.
E. No sign shall be suspended by chains or other devices that will allow the sign to swing
due to wind causing wear on supporting members.
F. All signs shall be maintained in safe, unbroken, and structurally sound manner, including
the replacement or repair of any defective parts, painting, cleaning and any other work necessary
to maintain the sign and any landscape planter associated with the sign.
19.104.100 Signs Exempt from Permit Requirements.
The following signs do not require a permit from the City, providing they comply with the
following regulations:
A. Directory Signs. Directories located within the interior of a project which are not
oriented to a public street;
B. Garage Sale Signs. Garage sale signs subject to the limitations in Section 19.104.250
and Chapter 5.16 of this code;
C. Governmental Signs. Governmental signs for control of traffic and other regulatory
purposes, street signs, danger signs, railroad crossing signs, and signs of public service
companies indicating danger and aids to service or safety;
D. Identification Signs. Identification signs for a business or profession which are not
illuminated, and which are less than two square feet in area, located on portions of a building,
shopping mall or office complex;
E. Information Signs. Informational or directional signs which are located entirely on the
property to which they pertain and are less than four square feet in area. No more than 33% of
the sign area of each sign can be devoted toward business identification of the business located
on the property;
F. Temporary Political Signs. Temporary political signs subject to the limitations in
Section 19.104.250;
G. Public Notices. Public notices or posters as legally required by a government agency;
H. Residential Real Estate Signs. Real estate for sale/for lease/for rent signs, subject to the
limitations in Section 19.104.260;
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I. Non-residential Real Estate Signs. Non-residential real estate for sale/for lease/for rent
signs subject to the limitations in Section 19.104.260;
J. Street Address Numbers. Address numbers in all districts, providing they are not meant
as an advertising mechanism;
K. Logos, Symbols or Insignias. Logos, symbols or insignias, commemorative plaques of
recognition and identification emblems of religious orders or historical agencies, provided that
such signs are placed on or cut into the structure are not internally illuminated, and do not exceed
nine square feet in area;
L. Window Signs. Window signs subject to the limitations in Sections 19.104.150 and
19.104.290. One “OPEN” sign not exceeding two square feet and of any material may be placed
in a window without penalty towards window coverage limitations;
M. Bus Shelter Signs. Signs installed in Santa Clara County Transit Agency bus shelters;
N. Civic Event Signs. Civic and/or City-sponsored events signs on City property;
O. State and/or Federal Mandated Signs. State and/or federal mandated signs, including
state lottery and certified smog station signs;
P. Pedestrian Oriented Blade Signs. Blade signs that are not internally illuminated. Such
signs shall be less than 6.5 square feet in area and installed at a height between eight feet and
twelve feet above pedestrian walkways.
19.104.110 Prohibited Signs.
The following signs are not permitted in the City:
A. Advertising Statuary;
B. Animated Signs. Animated signs except for banners, flags, pennants and balloons
permitted on a temporary basis as regulated in Section 19.104.260, and electronic readerboard
signs as permitted in Section19.104.180;
C. Audible Signs. Advertising displays which emit audible sound, odor or visible matter;
D. Off-site Signs. Any off-site sign except as may be permitted in Section 19.104.240,
19.104.250 & 19.104.260;
E. Portable Signs. Portable signs except as may be permitted in Section 19.104.270;
F. Roof Signs. Any permanent roof sign;
G. Traffic Conflict Signs. Signs which because of color, wording, design, location or
illumination resemble or conflict with any traffic-control device or with the safe and efficient
flow of traffic;
H. Vehicle Signs. The parking of any vehicle or trailer, on either public or private property
which is visible from a public right-of-way, which has affixed to it a sign which is intended to
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attract or direct customers to a business on or near the property is prohibited. This subsection is
not intended to apply to standard advertising or identification practices where such advertising
displays are painted on or permanently attached to a business or commercial vehicle which is
actively being used by the business unless the vehicle is in violation of the parking ordinance
(Chapter 19.124 of the Cupertino Municipal Code).
19.104.120 Signs in Special Planning Districts.
Any business regulated by the Monta Vista Design Guidelines, Heart of the City Specific Plan
or any area regulated by a specific plan shall be subject to the sign regulations contained within
those plans. For all sign regulations not addressed in the Special Planning District plans, the
requirements of this chapter will apply.
19.104.130 Sign Program – Applicability, Requirements and Findings.
A. Applicability.
1. All developments in a commercial, office, industrial, institutional, or residential district,
with four or more tenant spaces on the same parcel, shall adopt a comprehensive sign program to
encourage creativity and ensure high quality in the design and display of multiple permanent
signs.
2. The adoption of a sign program shall be required at the time of the initial construction of
a new project. Existing developments in the city which do not have a comprehensive sign
program shall be required to adopt one when the first tenant in the project requests a change of
face as defined in this title. Thereafter, all subsequent changes of face in the project shall be
required to conform to the adopted program.
B. Application requirements. On any commercial, office or industrial site, or building
requiring a sign program, the owner shall submit to the Director a sign program application
containing the following:
1. An accurate site plan of the site showing the location of buildings, parking lots,
driveways, and landscaped areas on the lot, at such scale as the Director may reasonably require;
2. Computation of the proposed maximum total sign area, the proposed maximum area of
individual signs, allowed maximum total sign area, allowed maximum area of individual signs,
the height of signs and the number of freestanding signs; and
3. Specifications with regard to:
a. Sign type (individual channel letters, wood signs, etc.);
b. Lighting;
c. Location of each sign on the buildings;
d. Materials;
e. Sign proportions;
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f. Any other pertinent information as required by the Director.
C. Findings. The Director of Community Development may approve a Sign Program if the
following findings are made:
1. The Sign Program complies with the purpose of this Chapter.
2. Proposed signs are creative, and are in harmony with the structures they identify, other
signage on the site, and the surrounding development.
3. The Sign Program contains provisions to accommodate future revisions that may be
required because of changes in use or tenants.
D. Minor modifications to the requirements of this Chapter may be permitted, provided that
the proposed Sign Program meets the following criteria in addition to 17.24.020C:
1. Special circumstances, unique to the site and building locations, exist that require a
modification from the standards in this Chapter.
2. Demonstrates unique design and exhibits a high degree of imagination, inventiveness,
spirit, and thoughtfulness.
3. Provides high quality graphic character through the imaginative use of color, graphics,
proportion, quality materials, scale, and texture.
19.104.140 Permanent Wall Signs.
Table 19.104.140 sets forth the rules, regulations and processing applicable to permanent wall
signs.
19.104.150 Permanent Window Signs, Blade Signs & Logos, Symbols or Insignias.
Table 19.104.150 sets forth the rules, regulations and processing applicable to Permanent
Window Signs, Blade Signs & Logos, Symbols or Insignias.
19.104.160 Ground Signs.
Table 19.104.160 sets forth the rules, regulations and processing applicable to Ground Signs.
19.104.170 Gasoline Station Signs.
Table 19.104.170 sets forth the rules, regulations and processing applicable to Gasoline Station
Signs.
19.104.180 Electronic Readerboard Signs, Changeable Copy Signs, Exposed & Visible
Neon Signs, Decorative Statuary and Beverage Container Recycling Signs.
Table 19.104.180 sets forth the rules, regulations and processing applicable to Electronic
Readerboard Signs, Changeable Copy Signs, Exposed & Visible Neon Signs, Decorative
Statuary and Beverage Container Recycling Signs.
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19.104.190 Signs in and near Residential Districts.
Table 19.104.190 sets forth the rules, regulations and processing applicable to Signs in and near
Residential Districts.
19.104.200 Freeway Orientation.
Table 19.104.200 sets forth the rules, regulations and processing applicable to Freeway
Orientation of Signs.
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Table 19.104.140: Wall Signs
Use/ Zoning Number Size Location Review
Authority
Review
Criteria
Allowed Area &
Length
Maximum
Area
Wall
Signs
Commercial
& Industrial
• One sign per business with
exterior frontage
• 1 s.f. per linear ft of
store frontage on
which sign is located.
200 s.f.
• No more than one wall sign per
frontage
CDD
Meets
Design
Criteria in
Section
19.104.220
• One additional for:
- Businesses with no ground
sign and adjacent to more
than one street or shopping
center driveway.
• 70% of store
frontage maximum
• Shall not project above the roof or top
of parapet, unless it is an integral part of
the face of an architectural projection.
- Sign directed to interior of
project and not visible from
any public right-of-way.
• Length = total
combined length of
each row of sign copy
- Single tenant building pad
with more than 5,000 s.f.
• Minimum area = 20
s.f.
• No projecting wall sign shall extend
into a public right-of-way more than
twelve inches. Any projecting sign shall
have a vertical clearance of at least
fifteen feet above a private or public
vehicular roadway, alley, driveway or
parking area, and at least eight feet above
a sidewalk, pedestrian mall or
landscaped area.
Office &
Institutional
• One sign per business with
exterior frontage
• 1 s.f. per linear ft of
business frontage on
which sign is located.
40 s.f. Same as above CDD Same as
above
• One additional for:
- Businesses with no ground
sign and adjacent to more
than one street or major
shopping center driveway.
• 70% of business
frontage maximum
- Sign directed to interior of
project and not visible from
any public right-of-way.
• Length = total
combined length of
each row of copy
CDD - Community Development Director; PC - Planning Commission; DRC - Design Review Committee; s.f. = square feet; ft = feet
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Table 19.104.150: Permanent Window Signs, Blade Signs & Logos, Symbols or Insignias
Use/
Zoning Number Maximum Area Location Review Authority Review Criteria
A. Permanent
Window Signs All One or more
• Considered part of wall
sign area. Perimeter neon
window
signage not
allowed.
CDD Meets Design Criteria in Section
19.104.220
• 25% of window surface of
each storefront bay.
• Neon window sign = 4 s.f.
• One “OPEN” sign less than
two s.f. exempt
B. Blade Signs
All except
residential
districts
One on each
frontage up to a
maximum of two. 6.5 s.f.
Between 8 ft
and 12 ft above
pedestrian
walkways.
• Illuminated - CDD
• Not illuminated - Exempt
Shall be pedestrian oriented only
and shall meet Design Review
Criteria in Section 19.104.220
C. Logos,
Symbols or
Insignia
All except
residential
districts
Same as Section
14.24.050. 9 s.f.
Same as
Section
19.104.140
• Illuminated - CDD
• Not illuminated - Exempt
Shall meet Design Review
Criteria in Section 19.104.220
and restrictions in Section
19.104.190
CDD – Community Development Director; PC – Planning Commission; DRC – Design Review Committee; s.f. = square feet; ft = feet
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Table 19.104.160: Ground Signs
Use/
Zoning Number
Size
Location Review
Authority Review Criteria
Allowed Area
& Length Maximum Height
Ground
Sign
All non-
residential
areas
• One sign if
minimum 100 ft
street frontage.
• One s.f. per
four linear ft of
street frontage
• Eight ft. • Corner property: Sign has to be located on
street frontage with the site’s address.
CDD
• Shopping Center
or multitenant
commercial
development with a
center name shall
emphasize that
name
• Two signs if 500
ft street frontage
• Maximum
Area = 100 s.f.
• Every ground sign shall be located wholly
on the property for the use which the sign is
advertising is located on.
• Shall meet Design
Criteria in Section
19.104.220
• V-shaped and
signs with
more than two
faces: Area of
all faces of sign
= Total Sign
Area.
• Street address
numbers or range
of numbers for
businesses shall be
clearly identified
in numbers not
less than 5 inches
in height.
• No portion of any ground sign shall be
located closer than one foot from the public
right-of-way.
• Double faced
signs: Area of
larger face of
sign = Total
Sign Area.
• No portion of any sign over three feet in
height shall be located within a corner triangle
or sidewalk site triangle.
• Maximum
number of
tenants on sign
= six
• Signs on interior lots < 200 ft of frontage
shall be located within the center 50% of the
lot frontage.
•Interior lots > 200 ft of frontage shall locate
ground signs no closer than 50 ft from a side
property line. (See Appendix A)
• No ground sign shall be located closer than
one hundred feet from any other ground sign
on the same property.
CDD - Community Development Director; PC - Planning Commission; DRC - Design Review Committee; s.f. = square feet; ft = feet
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Table 19.104.170: Gasoline Station Signs
Type of Sign Number Size, Maximum Area
and Allowable Area Location Review
Authority Review Criteria
A. Wall Sign Same as Section 19.104.140 Same as Section
19.104.140
Same as Section
19.104.140 CDD • Meets Design Criteria in Section
19.104.220
B. Ground
Sign
1 ground sign regardless of
frontage
Same as Section
19.104.160
Same as Section
19.104.160 CDD • Meets Design Criteria in Section
19.104.220
C. Fuel Price
Ground Sign
Fuel price sign to be
incorporated into the design of
the ground sign
Computes toward
Allowable Ground Sign
Area
See above CDD • Is incorporated into the design of the
ground sign
• Letter size of price display on fuel price
sign shall not exceed minimum
specifications contained in Section 13532 of
the California Business and Professions
Code
• Meets Design Criteria in Section
19.104.220
D. Fuel Price
Wall Sign
If service station is not
identified on ground sign, in
addition to any wall sign
allowed to the service station
per Section 19.104.140, a
second fuel price sign is
allowed.
Number of product prices
on fuel price sign not to
exceed eight per face.
Attached to the wall of
the building facing the
public street
CDD • Same as above
CDD - Community Development Director; PC - Planning Commission; DRC - Design Review Committee
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Table 19.104.180: Electronic Readerboard Signs, Changeable Copy Signs, Exposed or visible Neon Signs, Decorative Statuary & Beverage Container
Recycling Signs
Use/ Zoning Number
Size &
Height Location Review Authority Review Criteria
A. Electronic
Readerboard
Signs
Commercial
One sign for centers with 20
tenants or more & 50,000
s.f. of gross floor area Same as
Section
19.104.160
• No closer than 500 ft
from any residential
district on the same street
as the sign. PC
• Background of electronic
readerboard will be the same
color as the primary background.
If not practical, then a color that
is complimentary to the back
ground color shall be used.
• Same as Section
19.104.160
B. Changeable
Copy Signs Commercial N/A
Included
in total
allowable
wall sign
area.
N/A CDD
• Deemed necessary to the type of
merchandising of that business.
Shall consist of permanent sign
and symbols or letters made of
high quality & durable materials.
C. Exposed or
visible Neon
signs
All N/A N/A N/A DRC
Shall meet Illumination
Restrictions in Section
19.104.230
D. Decorative
Statuary
All except
residential
districts
N/A N/A N/A
• If Decorative Statuary
- DRC
• In conjunction with the overall
architectural design of the
building, the landscaping scheme
and the sign program for the
business.
• If DRC determines it
is Fine Art, it may refer
to another commission
• If not publicly visible,
then exempt
E. Beverage
Container
Recycling
Where
allowed
• Wall signs - as allowed by
Section 19.104.140
• Ground signs - as allowed
by Section 19.104.160
10 s.f.
maximum N/A N/A
• Dealer subject to provisions of
California Beverage Container
Recycling and Litter Reduction
Act of 1986.
• One building mounted sign
• Sign should contain information
concerning a certified recycling
center as described in Sections
14570 & 14571 of Public
Resources Code.
• Certified Redemption Center
sign - subject to limitations and
review procedure of zoning
district where it is located.
CDD - Community Development Director; PC - Planning Commission; DRC - Design Review Committee; S.f. = square feet; ft = feet
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Table 19.104.190: Signs in and near Residential Districts
Use/
Zoning Number Size Location Review
Authority Review Criteria
Area Height
A. Signs near
Residential Districts
All except
residential
• Wall Sign - Same as
Section 19.104.140
• Ground Sign - Same as
Section 19.104.160
• Wall Sign -
Same as Section
19.104.140
• Ground Sign -
Same as Section
19.104.160
• Wall Sign -
Same as Section
19.104.140
• Ground Sign -
Same as Section
19.104.160
• No internally illuminated
sign permitted within 100 ft
from any residential districts
except if the sign face is
mounted so it is not visible to
any residence within 100 ft of
the sign.
CDD
• Shall meet design
criteria specified in
Section 19.104.220
B. Name plates,
streets or Unit
numbers
Residential One or more 2 s.f. or less N/A N/A CDD
C. Development
Identification Signs Residential
• One sign for interior lot
32 s.f. 5 ft
• If one sign allowed, at major
entry.
CDD
• Shall contain only
name and address of
development.
• Two signs for corner
development
• If two allowed, one on each
street front.
• Shall meet design
criteria specified in
Section 19.104.220
CDD - Community Development Director; PC - Planning Commission; DRC - Design Review Committee; S.f. = square feet; ft = feet
Table 19.104.200: Freeway Orientation
Areas Number Sign Size Location Approval Authority Review Criteria
A. Wall Signs
Commercial,
Industrial &
Office
• 1 per business/
tenant in a building
occupied by two or
more tenants.
• Maximum two.
See Section
19.104.140
Building
mounted
• Oriented to regular street
system adjoining the property
rather than exclusively visible
from the freeway - CDD
• Applies to all signs within 660 ft of
“landscaped freeway” measured from edge of
right-of-way
• Freeway Orientation - PC • Signs not exempted or excluded by Section
5272 of the State of California Business and
Professions Code shall be regulated by the
“Advertisers” chapter of that code.
C. On-site
temporary
signs
Commercial,
Industrial &
Office
Subject to Section
19.104.260
Subject to
Section
19.104.220
Building
mounted
Limited time period subject to
Section 19.104.260 - CDD Subject to Section 19.104.260
B. Freestanding
Signs
Commercial,
Industrial &
Office
Not Allowed
CDD = Community Development Director; PC = Planning Commission
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19.104.210 Landmark Signs.
Existing ground signs that have been designated by the City as Landmark Signs (see Appendix
B: Landmark Signs) are exempt from the Nonconforming Sign regulations in Section
19.104.310.
A. Such signs may be structurally reinforced or rebuilt, after damage or destruction, to its
original design and specifications.
B. Minor modifications to such signs may be allowed such that they do not distract from or
alter the unique architectural style of the sign, with a Director’s Minor Modification.
19.104.220 Design Criteria – Permanent Signs.
Although the aesthetic appearance of signs is subjective, the City recognizes that certain basic
design guidelines are needed in order to maintain the City’s high quality appearance. The
following criteria shall be incorporated into the design of signs.
A. Ground signs shall be either housed in a frame or set onto a base, presenting a solid,
attractive, well proportioned and balanced appearance. The size and shape of the frame or base
shall be proportionate to the size and weight of the sign. Low signs are generally more
appropriate on a base, whereas taller signs are generally more appropriate in a frame. (See
Appendix C, Examples of Well Proportioned Signs, Examples of Signs Not Well Proportioned,
on file in the City Clerk and the Planning Department, for examples.)
B. Ground signs shall be located within a landscaped area proportionate to the size of the
sign. Appropriate landscaping should be placed at the base of the sign.
C. All signs shall be architecturally compatible and in harmony with the building with
which it is principally associated, by incorporating its colors, materials, shape and design. The
sign shall also be compatible with the aesthetic character of the surrounding developments and
neighborhood.
D. Background panels for multi-tenant ground signs should be harmonious in muted colors.
E. Sign copy shall be simple and concise, without excessive description of services or
products.
F. Internally illuminated signs shall not have a directly visible light source.
G. The sign’s color and illumination shall not produce distraction to motorists or nearby
residents.
19.104.230 Illumination Restrictions.
A. The intensity of illumination for signs located within the commercial, office and
industrial districts shall not exceed approximately two hundred fifty foot-lamberts. All other
districts shall not exceed approximately one hundred foot-lamberts. The foot-lambert readings
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shall be used as a guide by staff to evaluate signs which are deemed to be a problem to passing
motorists or residents in the surrounding neighborhood.
B. The color and thickness of the sign panels as well as the brightness of the bulbs used to
illuminate the sign shall be designed in such a manner as to avoid excessive illumination and
glare.
C. Illuminated signs which are not a necessary part of the security lighting system for a
business shall be turned off at 11:00 p.m. or within two hours after the business is closed,
whichever is the later time.
D. All exterior lighting shall be placed in a manner so that the light source will not be seen
from off the site.
19.104.240 Temporary Signs–Location.
A. No person shall paint, mark, or write on, post, attach or otherwise affix, any temporary
sign to or upon any:
• public property, sidewalk, crosswalk, curb, curbstone, fence, wall,
• public playground equipment and/or facilities,
• street lamp post, hydrant, tree, shrub, tree stake or guard,
• railroad bridge or crossing,
• pole for electric light or power or telephone or telegraph (or other communication
service) or upon any fixture of the fire alarm or police telegraph system or upon a lighting
system,
• public bridge,
• drinking fountain,
• street sign, traffic sign,
• traffic control pole or cabinet,
• utility transformer vaults, or
• Any other building, structure or device permanently affixed on public property.
B. No temporary sign shall be placed, posted or otherwise affixed in the public right-of-way,
except as provided in this section. The public right-of-way generally includes the median, street,
gutter, curb, sidewalk and landscaped strip on public property. Temporary signs may only be
located in the public right-of-way of a residential or institutional district, as defined in this Title.
C. Unless otherwise provided for in this chapter, all temporary signs, whether or not
located in the public right-of-way shall meet the following:
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Use/
Zoning
Size Time
Period Location Review Criteria Maximum
Area
Maximum
Height
All 4 s.f. per
side 3 ft.
Except
Political
Signs, all
signs
must be
removed
at sunset.
• Shall not be located on the
street or on street medians.
• Two sides
maximum
• Shall not be located on
private property without oral
or written consent of the
owner or person entitled to
possession of said property.
• Shall maintain 36 inches of
clear and continuous width
along a sidewalk or pathway
plus any other area needed for
handicapped accessibility.
• Shall not be
illuminated.
• All parts of the sign shall be
set back minimum 18 inches
from the face of the curb or
from the edge of the street,
bicycle or vehicle travel lane,
whichever is the greatest
distance from the edge of the
street, bicycle or vehicle
travel lane.
• Shall not restrict in
any way the safe
vision of any
vehicular or
pedestrian traffic or
obstruct any
directional or safety
signs permitted by
the City.
D. Persons who place temporary signs in public rights-of-way are encouraged to notify and
seek concurrence of adjacent property owner(s) and resident(s) before placing temporary signs.
E. The provisions of Section 19.104.240(B), (C), and (D) shall not be applicable to the
following:
1. The maintenance of signs affixed or painted upon public or private motor vehicles;
2. The maintenance of signs affixed to Santa Clara County Transit District bus shelters;
3. The maintenance of banners affixed to the top of the city-owned stanchions located at a
site over Stevens Creek Boulevard between Wolfe Road and Portal Avenue;
4. The maintenance of banners affixed to the top of the city-owned light poles located over
Stevens Creek and De Anza Boulevards; and
5. The maintenance of hazard markers or emergency signs.
19.104.250 Temporary Signs - Flags, Garage Sales, Political Signs and Subdivision Signs
Table 19.104.250sets forth the rules, regulations and processing applicable to Temporary Signs -
Flags, Garage Sales, Political Signs and Subdivision Signs.
19.104.260 Temporary Signs - Real Estate Signs and Project Announcement Signs
Table 19.104.260 sets forth the rules, regulations and processing applicable to Temporary Signs -
Residential Real Estate, Non-residential Real Estate Signs and Project Announcement Signs.
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Table 19.104.250: Temporary Signs - Flags, Garage Sales, Political Signs and Subdivision Signs
Use/ Zoning Number
Size
Time Period Information
Contained Review Criteria
Maximum
Area
Maximum
Height
A. Flags
Commercial
Number subject
to approval by
CDD
N/A
No more
than 20 ft
above
ground
• Two weeks for
each special event
N/A
• In conjunction with a grand opening or
special promotional activity.
• Shall be removed
within 5 days after
special event
• Meets Requirements with regard to Special
Event Banners, Promotional Devices, Portable
Signs and Displays
Residential
Two flag poles
for each model
home of a new
development
4 s.f.
No more
than 2 sides
Same as
above One year N/A N/A
B. Garage
Sales Residential One on-site
Three off-site 8 s.f. 6 ft Length of sale N/A
• Must be a bonafide garage sale activity as
defined in Chapter 5.16 of Municipal Code
•Off-site signage subject to Section
19.104.240
C.
Temporary
Political
Signs
All No limit
4 s.f.
No more
than 2 sides
N/A
• Until 5 days after
election.
N/A
• No permit required.
• Subject to requirements of Section
19.104.240
• If not removed
within time limit,
City may remove
signs subject to
Section
19.104.300-
19.104.380.
• If the Director of Public Works finds that a
sign otherwise permitted, is an immediate
peril or menace to pedestrian or vehicle
traffic, he or she may cause it to be removed
summarily pursuant to Section 19.104.340(C)
D.
Subdivision
Signs
Non-
residential Three 32 s.f. per
face. 6 ft
• One year or until
all units are sold,
whichever is
sooner.
Direct
customers
along the most
direct route
through the
city.
• Shall meet requirements of Section
19.104.240 and permit issued by CDD.
• Application shall include a list of all other
such signs including sign area and street
location.
• Extensions may
be granted.
• Subdivisions not in Cupertino shall not be
permitted such signs.
• Two sign faces maximum.
• “V” shaped signs prohibited.
CDD = Community Development Director; S.f. = square feet; ft = feet
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Table 19.104.260: Temporary Signs - Residential Real Estate, Non-residential Real Estate and Project Announcement Signs
Number
Size
Time Period Information Contained Review Criteria
Maximum
Area
Maximum
Height
A. Residential
Real Estate
• One freestanding
sign per street
frontage. Two signs
maximum.
4 s.f. 6 ft Length of sale N/A • Subject to requirements of Section
19.104.240
• One building
mounted banner -
in lieu of one
freestanding sign.
4 s.f. N/A See above N/A N/A
• One offsite for
sale/rent sign 4 s.f. N/A Remove at sunset N/A • Subject to requirements of Section
19.104.240 & on-site signage
• Six offsite open
house signs N/A N/A Remove at sunset N/A
• Subject to requirements of Section
19.104.240
B. Non-
residential Real
Estate
• One freestanding
sign per street
frontage.
32 s.f. per
face. 6 ft
• Length of sale or
time to lease/rent.
• May be installed up
to thirty days prior to
any tenant vacancy
• Name of real estate agent or
owner, address, phone number
and other pertinent information.
• No more than two faces. “V”
signs prohibited. May not
reasonably obstruct visibility of any
permanent ground sign.
• One building
mounted banner per
elevation facing an
adjacent public
street.
32 s.f. per
face
Same as
freestanding
sign
Same as freestanding
sign Same as freestanding sign
• Allowed only if no freestanding
sign placed along that street
frontage. Location shall meet
requirements of Section19.104.140
• One offsite sign
per street frontage.
• Maximum of two
signs per off-site
parcel.
32 s.f. per
face.
Same as
freestanding
sign
Same as freestanding
sign Same as freestanding sign
• On private property with approval
and consent of property owner on
whose property sign is to be
located. Shall meet requirements of
Section 19.104.240
C.
Project
Announcement
Sign
• Two freestanding
signs or banners
maximum
Combined
area: 64 s.f. 6 ft
• One year or until all
units are sold,
whichever is sooner.
Names of project and owner,
address, telephone number
contact information,
leasing/sale information, dates
of anticipated completion and a
list of contractors involved.
• New projects under construction,
including subdivisions of 5 or more
units.
• Extensions may be
granted. •Permit issued by CDD
CDD = Community Development Director; S.f. = square feet; ft = feet
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19. 104.270 Temporary Signs - Special Event Banners, Promotional Devices, and Portable
Signs and Displays.
A. General Authorization. Special event banners, promotional devices, and portable signs
and displays are permitted in all commercial, industrial, office and institutional zoning districts
subject to the issuance of a permit by the Director which conforms to the provisions of this
section.
B. Public objectives.
1. Enhance pedestrian experience, activity and convenience.
2. Maintain the economic stability of the City by enhancing vitality of business.
3. Provide attractive, effective and visible identification reflecting the individual character
of the business.
C. Special event banners. The Director may issue a permit for a Special Event Banner for
each business within the above-described zoning districts under the following provisions:
1. The banner shall only be displayed for a maximum of 120 days within a 360-day period.
2. The banner shall be building mounted and have only one face not exceeding one hundred
square feet in area.
3. The banner shall be placed on a building in accordance with the limitations specified in
Section 19.104.140 of this title related to building clearance and roofline levels.
4. Unless otherwise determined by the Director, the display of the banner shall be subject to
the tenant schedule for shopping centers as provided in Subsection 19.104.270(E)
D. Promotional devices. In addition to special event banners described in division C.
above, the Director may issue a permit for a promotional device for each business within the
above-described zoning districts under the following provisions:
1. For advertising a special event for an existing business, promotional devices may be
displayed for a maximum three-day period, four times within a calendar year.
2. For conducting a grand opening of a new business, promotional devices (other than
search lights, hot air balloons or other extremely large devices as determined by the Director)
may be displayed during the first year of a new business’s operations for the sole purpose of
announcing the grand opening of that business.
3. The device shall not displace parking or be located in a landscaped front set back area.
4. The device shall be compatible with adjoining uses, particularly residential uses.
5. Tethered balloons used for promotional purposes may not exceed twenty-five feet above
the building where the special event or grand opening is occurring.
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6. Unless otherwise determined by the Director, the display of the device shall be subject to
the tenant schedule for shopping centers as provided in Subsection 19.104.270(E).
7. Subject to the approval of the Director and the Public Works Department, a promotional
device may be located within the public right of way based upon the degree of impact the device
will have on traffic circulation as well as upon the environment of the surrounding uses.
8. Subject to the approval of the Director and the Public Works Department, traffic/parking
directional signs may be used in conjunction with a promotional device during the period of the
special event or grand opening. The number and placement of traffic/parking directional signs
may be restricted by the Director or the Public Works Department in order to insure adequate
sight distances and traffic safety clearance are maintained as required in Section 19.104.240.
E. Tenant schedule:
Shopping centers with approved electronic readerboard signs shall only be allowed building
mounted banners. Freestanding temporary or special event signs for individual tenants are not
allowed. Special event signs for center-wide special events are allowed in accordance with the
following schedule:
Number of Tenants Number of Signs Permitted
20 to 27 tenants --2 center displays
28 tenants or more --4 center displays
F. Portable signs and displays. In addition to special event banners and promotional
devices described in divisions C. and D. above, the Director may issue a permit for a portable
sign or display for each business location within the above described zoning districts under the
following provisions:
1. Portable signs and displays may not be located in areas, either on public or private
property, which are used by the public for vehicular or pedestrian traffic or in other areas, which
in the opinion of the Director, are a threat to the public health, safety or welfare.
2. Portable signs and displays shall not be permanently attached to the ground or a structure
on the premises it is intended to occupy and shall only be displayed during business hours.
3. Design review criteria. Portable signs and displays shall be appropriately designed,
installed and maintained with special emphasis on the creative design, character and quality of
color and material (vibrant and weather resistant). They shall be complementary to the building
architecture and the operation of the business area and shall enhance the overall appearance and
texture of the pedestrian shopping experience.
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4. Specific standards.
Maximum Size 8 s.f
Minimum Height 3 ft
Maximum Height 4 ft
Maximum width 2 ft
Min. setback from street curb 2 ft
Display Hours Business hours only
Min. pedestrian walkway 5 ft
Distance from: Bus stop zones and/or bus stop
furniture 15 ft
Disable parking zone 4 ft
Must not be: 1. Set in ground
2. Attached to trees, lamp posts, utility poles, street or
traffic signs, benches, hydrants, or mailboxes
3. Illuminated
4. Located in any required landscape setback area
S.f. = square feet; ft = feet
5. Modification of specific standards. The Director may modify the specific standards
described in division 4. Above upon making a finding that special circumstances unique to the
site require the application of a modified standard.
G. Retail tenants larger than 20,000 square feet may be allowed to have one additional sign
for each entrance to the building, up to a maximum of three signs with a permit from the
Director. One such sign may be up to six feet tall and twenty four square feet in area if the sign
face is not oriented to a public right-of-way.
H. Removal of signs. All banners, devices, signs and displays issued under this section
must be removed not later than five days after the conclusion of the special event or grand
opening to which they pertain.
I. The city, pursuant to Section 19.104.340 of this code, may cause the banners, devices,
signs and displays remaining after expiration or revocation of the above-described five day
period to be removed.
19.104.280 Temporary Window Signs.
A. Window signs shall be permitted in all commercial zones.
B. The total area of any window obscured by any combination of permanent and temporary
window signs shall not exceed twenty-five percent of the window surface of each storefront bay.
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C. 1. Signs within a window shall be considered temporary if they remain on the window
for less than thirty days, and shall not be subject to review.
2. Window signs intended to remain on display for more than thirty days shall be
considered permanent window signs as regulated by Section 19.104.150.
19.104.290 Exception - Findings.
The Approval Body may grant an exception based upon all the following findings:
A. That the literal enforcement of the provisions of this title will result in restrictions
inconsistent with the spirit and intent of this title;
B. That the granting of the exception will not result in a condition which is materially
detrimental to the public health, safety, or welfare; and
C. That the exception to be granted is one that will require the least modification of the
prescribed regulations and the minimum variance that will accomplish the purpose.
19.104.300 Enforcement of Provisions.
The Director or his or her designee is empowered to enforce the provisions and requirements
of this title and to remove or cause to be removed any sign or other advertising structure which
has been constructed, erected, altered, relocated or maintained in violation of this title. Such
powers include but are not restricted to provisions and procedures set forth in the following
sections of this chapter. Decisions by the Director or his or her designee in relation to this title
may be appealed as set forth in Chapter 19.12.
19.104.310 Nonconforming Signs.
A. Any nonconforming sign, except Landmark Signs identified in Section 19.104.210,
unless made to conform to the provisions of this title, may not be structurally altered, expanded,
moved, modified in any way, or be reestablished after
1. Discontinuance for 180 days or more; or
2. Damage or destruction by intentional acts of the owner and/or tenant of the property of
more than fifty percent of the sign.
B. Any nonconforming sign which was legally erected in accordance with the provisions of
the ordinance in effect at the time of erection, or which has a valid permit from the City, shall be
permitted to remain until such time as
1. There is a change in the use of the property that the sign is located on; or
2. There are alterations or enlargements to the site or building on the property in excess of
twenty-five percent or more of the existing site or building. The amount of alterations
shall be cumulative over time.
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3. At such time as any of the events mentioned in subsections A and B occur, the sign must
be brought into conformance with this title. Any business with a nonconforming sign,
other than a Landmark Sign as identified in Section 19.104.210, shall not be entitled to an
additional sign unless the nonconforming sign is made to comply with the provisions of
this title.
19.104.320 Abandoned or Discontinued Signs.
Any sign which pertains to a business or occupation which is no longer using the particular
sign or property, or which relates to a time which no longer applies, is prohibited and shall be
removed. The structure and copy shall be blanked out or removed within thirty days after the
associated business, occupation or event has vacated the premises. An abandoned sign is
prohibited and the removal shall be the responsibility of the owner of the sign or the owner of the
premises.
19.104.330 Illegal Signs–Notice Required–Summary Removal Authorized When.
A. If the Director or his or her designee finds that any sign or other advertising structure
has been constructed, erected, altered, relocated or maintained in violation of any of the
provisions of this title or any other pertinent ordinance of the City, the Director or his or her
designee shall inform the owner and the tenant of the property on which the sign or structure is
located, in writing, that the sign or structure must be removed within ten days of receipt of the
notice, or an application must be made to the Director for sign approval. Failure to take the
required action shall result in a criminal or civil sanction as provided by state law or any legal
sanction or remedy set forth in this Code.
B. If the Director or his or her designee finds that any temporary sign or advertising device
is in violation of this title or any other pertinent ordinance of the City, the Director or his or her
designee shall notify the owner of, or tenant using, the sign, in person or writing, that the sign
shall be immediately removed.
C. If the Director or his or her designee finds that any sign or other advertising structure,
whether conforming with the ordinance or not, is an immediate peril or menace to the public, or
to any person, the Director or his or her designee shall cause it to be summarily removed. Upon
removal, the Director or his or her designee shall give written notice to the owner.
19.104.340 Authority to remove illegal signs in public right-of-way.
A. Any illegal signs in the public right-of-way may be removed immediately by the city.
B. No notice shall be required prior to removal of illegal signs, including, without
limitation, temporary signs, in the public right-of-way.
C. Any sign removed by the city, except any sign of de minimus value, shall be held in
storage and the owner or other person in control of such sign, if known, shall be given written
notice and twenty days to reclaim such sign.
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D. Any illegal sign in the public right-of-way of de minimus value shall be deemed to be
abandoned and may be destroyed by the city after removal. No opportunity to reclaim such sign
shall be given by the city.
E. For purposes of this section, any sign made of cardboard or other nondurable material
shall be deemed to be of de minimus value.
19.104.350 Storage of Removed Signs.
Any sign removed by the Director or his or her designee, other than those referred to in
Section 19.104.340, shall be stored in the City corporation yard and may be claimed within
twenty days after the sign was removed, provided that any cost incurred by the City has been
paid, and that a renewal of the building permit for the sign has been secured. If signs are not
claimed within twenty days after removal by the City, the City shall dispose of the signs.
19.104.360 Owner Responsible for Removal, Alteration or Relocation Costs.
Any cost incurred by the City in the removal, alteration or relocation of any sign pursuant to
the provisions of this title or any other pertinent ordinance of the City, shall be paid by the owner
or person having beneficial enjoyment of the property upon which such sign is located.
19.104.370 Illegal Signs–Deemed Public Nuisance–Court Action Authorized.
In the event any person should erect, alter, relocate or maintain a sign in violation of the
provisions of this title, the sign shall be considered a public nuisance and the City Attorney is
authorized to bring and prosecute an action in a court of competent jurisdiction to enjoin such
person from continuing such violation. The procedures for nuisance abatement are contained in
Chapter 1.09 of this Municipal Code.
19.104.380 Violation Deemed Infraction–Penalty.
Any person, firm or corporation violating any provisions of this title shall be deemed guilty of
an infraction, and upon conviction thereof, shall be punished in the same manner as other
infractions provided under Chapter 1.12 of this Municipal Code.
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CHAPTER 19.108: BEVERAGE CONTAINER REDEMPTION AND RECYCLING
CENTERS
Section
19.108.010 Purpose.
19.108.020 Applicability of Regulations/Penalty.
19.108.030 Permits Required.
19.108.040 Permits for Multiple Sites.
19.108.050 Criteria and Standards.
19.108.010 Purpose.
The purpose of this chapter is to establish regulations regarding beverage container
redemption and recycling centers.
(Ord. 1682, (part), 1995)
19.108.020 Applicability of Regulations/Penalty.
It is unlawful for a recycling facility to be placed, erected, moved, reconstructed or altered
unless made to comply with the provisions of this title. Violation of this chapter is an infraction
and is punishable as provided in Chapter 1.12 of this code.
(Ord. 1682, (part), 1995)
19.108.030 Permits Required.
No person shall place, construct, or operate a recycling facility without first obtaining a
permit pursuant to the provisions set forth in this section. Recycling facilities may be permitted
as set forth in table 19.108.030.
Table 19.108.030 Permits Required
Type of Facility Zones Permitted Permit Required
Indoor Reverse vending machines All commercial None
Reverse vending machines • All commercial
• All industrial
• All planned development
zones which permit
commercial, office and
industrial activity
• BA and BQ
Admin. Use permit
Small collection • All commercial Admin. Use permit
- 312 -
Type of Facility Zones Permitted Permit Required
a. Grouping of reverse vending
b. Mobile recycling: enclosed
vehicle
• All industrial
• All planned development
zones which permit
commercial, office, and
industrial activity
• BA and BQ
Small collection
a. Bulk vending machines
b. Kiosk units
c. Mobile recycling: open vehicle
d. Mobile recycling: enclosed
vehicle that utilizes external
collection bins
• All commercial
• All industrial
• All planned development
zones which permit
commercial, office, and
industrial activity
• BA and BQ
Architectural and Site
Approval - DRC
e. Unattended containers Admin. Use permit
Large collection • Light industrial
• BA and BQ
• All planned development
which allows light industrial
activities
Conditional Use Permit
Light processing • Light Industrial
• All planned development
which allows light industrial
activities
Conditional Use Permit
Heavy processing • Light Industrial
• All planned development
which allows light industrial
activities
Conditional Use Permit
(Ord. 1682, (part), 1995)
19.108.040 Permits for Multiple Sites.
A single applicant may process an application to allow more than one reverse vending
machine installation or small collection facility located on different sites under the following
conditions:
A. The operator of each of the proposed facilities is the same;
B. The proposed facilities are determined by the Director of Community Development to be
similar in nature, size and intensity of activity; and
C. All of the applicable criteria and standards set forth in Section 19.108.050 of this chapter are
met for each such proposed facility.
(Ord. 1682, (part), 1995)
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19.108.050 Criteria and Standards.
The criteria and standards for recycling facilities are as set forth in Table 19.108.050:
Table 19.108.050: Criteria and Standards
Reverse Vending Machines Small Collection Facilities Large Collection Facilities Processing Facilities
1. Collocation
with
Existing commercial uses Existing commercial, office,
industrial and public or quasi-public
uses
Not required Not required
2. Location • Within a reasonable
proximity to the entrance to
the commercial structure
and
• Shall not obstruct pedestrian
or vehicular circulation
• Setback at least 10 feet from any
street line and
• Shall not obstruct pedestrian or
vehicular circulation.
• Sited in a manner that balances the
need to provide visual accessibility
to the recycling center versus the
objective to maintain an attractive
streetscape for the community
• Area for facility clearly marked to
prohibit other vehicular parking
during hours when mobile center is
scheduled to be present.
• Facility does not abut a
property zoned or occupied
for residential use;
• Facility will be screened
from the public right-of-way
by operating in an enclosed
building or:
• Within an area enclosed by
an opaque fence at least six
feet in height with
landscaping,
• At least one hundred fifty
feet from property zone or
occupied for residential
use, and
• Meets all noise standards;
• Setbacks and landscape
requirements shall be those
provided for the zoning
district in which the facility
is located;
• Setbacks and
landscaping
requirements shall be
those provided for the
zoning district in which
the facility is located;
• Facility does not abut a
property zoned for
residential use;
• Processor will operate in
a wholly enclosed
building except for
incidental storage, or:
• Within an area
enclosed on all sides
by an opaque fence or
wall not less than eight
feet in height and
landscaped on all
street frontages,
• Located at least one
hundred fifty feet from
a residential zone;
- 314 -
Reverse Vending Machines Small Collection Facilities Large Collection Facilities Processing Facilities
3. Maximum
Size
• 50 square feet of floor space
per installation, including
any protective enclosure and
• 8 feet in height
• 500 square feet and occupy no
more than five parking spaces not
including space that will be
periodically needed for removal of
materials or exchange of
containers
• 4,500 square feet for
light processing
facilities
• Heavy processing
facilities may be larger
4. Parking • Facility shall not occupy
parking spaces required by
the primary use and
• Shall be placed on the apron
of the host facility when
possible
• One space for attendant, if needed
• No additional spaces required for
customers
• Attendant parking or facility may
not reduce available parking
spaces below the minimum
required for the primary hose use
unless all of the following
conditions exist:
• The facility is located in a
convenience zone or potential
convenience zone as designated
by the CA Department of
Conservation
• A parking study shows that
existing parking capacity is not
already fully utilized during the
time the recycling facility will be
on the site
• The permit will be reconsidered
at the end of 18 months.
If the permit expires without
renewal, the collection facility
shall be removed from the site on
the day following permit
expiration.
• Space will be provided on
site for six vehicles or the
anticipated peak customer
load, whichever is higher, to
circulate and to deposit
recyclable materials
• One parking space will be
provided for each
commercial vehicle operated
by the recycling center.
• Parking requirements will be
as provided for in the zone,
except that parking
requirements for employees
may be reduced when it can
be shown that parking spaces
are not necessary, such as
when employees are
transported in company
vehicle to a work facility
• Space shall be provided
on site for the
anticipated peak load of
customers to circulate,
park and deposit
recyclable materials.
• If facility is open to the
public, space will
provided for a minimum
of ten customers.
• One parking space will
be provided for each
commercial vehicle
operated by the
processing center.
• Parking requirements
will otherwise be as
mandated by the zone in
which the facility is
located.
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Reverse Vending Machines Small Collection Facilities Large Collection Facilities Processing Facilities
5. Illumination • Shall be illuminated to
ensure comfortable and safe
operation if operating hours
are between dusk and dawn
6. Noise • Shall comply with the City’s
Noise Ordinance
• Shall comply with the City’s Noise
Ordinance
• Shall comply with the City’s
noise ordinance
• Shall comply with the
City’s noise ordinance
7. Accepted
Materials
• • Shall accept only glass bottles,
metals, plastic containers, papers
and reusable items.
• Used motor oil may be accepted
with permission of the central fire
district, or other agency which
administers the City’s hazardous
material ordinances.
• Used motor oil can only be
accepted at an attended site having
containers approved by the
administrator of the City’s
hazardous materials ordinance;
• A processing facility
may accept used motor
oil for recycling from
the generator; in
amounts no greater than
twenty gallons per
shipment and the
contents of any single
container must not
exceed five gallons; in
accordance with Section
25250.11 of the
California Health and
Safety Code;
8. Hours of
Operation
• Shall be at least the
operating hours of the host
use
• Attended facilities located with
one hundred feet of a property
zoned or occupied for residential
use shall operated only during the
hours between 9:00 a.m. and 6:00
p.m
• Containers for the twenty-four-
hour donation of material shall be
at least one hundred feet from any
property zoned or occupied for
residential uses unless there is
acoustical shielding between the
containers and the residential use
• If the facility is located
within five hundred feet of
property zoned or occupied
for residential use, it shall not
be in operation between 7:00
p.m. and 7:00 a.m.
• If the facility is located
within 500 feet of
property zoned or
occupied for residential
use, it shall not be in
operation between 7:00
p.m. and 7:00 a.m.
Facility will be
administered by on-site
personnel during the
hours the center is open
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Reverse Vending Machines Small Collection Facilities Large Collection Facilities Processing Facilities
9. Landscaping • The facility shall not impair the
landscaping required for a
concurrent use by this title or any
permit issued pursuant thereto.
10. Power-driven
Processing
Equipment
• Shall use no power-driven
processing equipment except for
bulk reverse vending machines
• Power driven processing,
including aluminum foil and
can compacting, baling,
plastic shredding, or other
light processing activities
necessary for efficient
temporary storage and
shipment of material may be
approved through a use
permit process or at the
discretion of the Director of
Community Development if
noise and other conditions
are met.
• Power driven processing
shall be permitted,
provided all noise level
requirements are met.
• Light processing
facilities are limited to
baling, briquetting,
compacting, grinding,
shredding and sorting of
source-separated
recyclable materials and
repairing of reusable
materials.
11. Maintenance • Shall be maintained in a
litter-free, dust free
condition on a daily basis
• Sanitation control and
practices shall be installed
and used to maintain each
site in a manner free of
rodents, insects and other
vectors.
• Shall be maintained free of litter
and any other undesirable
materials,
• Mobile facilities, at which truck or
containers are removed at the end
of each collection day, shall be
swept at the end of each collection
day.
• Sanitation control and practices
shall be installed and used to
maintain each site in a manner free
of rodents, insects and other
vectors.
• Site and Donation areas shall
be maintained free of litter
and any other undesirable
materials, and will be cleaned
of loose debris on a daily
basis.
• Sanitation control and
practices shall be installed
and used to maintain each
site in a manner free of
rodents, insects and other
vectors.
• Donation areas shall be
kept free of litter and
any other undesirable
material.
• Sanitation control and
practices shall be
installed and used to
maintain each site in a
manner free of rodents,
insects, and other
vectors.
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Reverse Vending Machines Small Collection Facilities Large Collection Facilities Processing Facilities
12. Construction
Materials,
Capacity,
Security and
Storage
• Durable, waterproof and
rustproof materials
• Durable, waterproof and rustproof
materials
• Covered when the facility is not
attended
• Secure from unauthorized entry or
removal of material
• Of a capacity sufficient to
accommodate materials collected
and collection schedule
• Shall store all recyclable material
in containers or in the mobile
center vehicle and shall not leave
materials outside of containers
when attendant is not present.
• Shall be secured from
unauthorized entry and
removal of materials when
attendants are not present.
• Containers shall be at least
10 feet away from buildings.
• All exterior storage of
material shall be in sturdy,
nonflammable containers
which are covered, secure,
and maintained in good
condition.
• Baled or pelletized material
may also be stored.
• Oil storage must be in
containers approved by the
Fire Marshall.
• No storage will be visible
above the height of the
fencing.
• Shall be secured from
unauthorized entry and
removal of materials
when attendants are not
present
• All exterior storage of
material shall be in
sturdy nonflammable
containers which are
covered, secured and
maintained in good
condition.
• Baled or pelletized
material may also be
stored.
• Oil storage must be in
containers approved by
the Fire Marshall.
• No storage will be
visible above the height
of the fence.
13. Facility
Identification
• Shall be clearly marked to
identify the type of material
that may be deposited
• Operating Instructions
• Identity and phone number
of operator or responsible
person to call if the machine
is inoperable
• Shall display a notice stating
that no material shall be left
outside the recycling
enclosure or containers
• Shall be clearly marked to identify
the type of material that may be
deposited
• Identity and phone number of
operator
• Hours of operation
• Shall display a notice stating that
no material shall be left outside the
recycling enclosure or containers
• The containers shall be
clearly marked to identify the
type of material that may be
deposited
• Shall be clearly marked with
the name and phone number
of the facility operator and
the hours of operation;
• Shall display a notice stating
that no material shall be left
outside the recycling
containers
• The containers shall be
clearly marked to
identify the type of
material that may be
deposited.
• Shall be clearly marked
with the name and
phone number of the
facility operator and the
hours of operation
• Shall display a notice
stating that no material
shall be left outside the
recycling containers
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Reverse Vending Machines Small Collection Facilities Large Collection Facilities Processing Facilities
14. Screening • • With the exception of enclosed
mobile recycling vehicles, small
collection facilities shall be
screened, via fencing and/or
landscaping, from public streets.
• The screening height, density, and
location shall be designed to
minimize the view of the mobile
unit and potential sorting areas
from public streets and other
public spaces;
• No dust, fumes, smoke,
vibration or odor above
ambient level may be
detectable on
neighboring properties
15. Signs • Maximum sign area = 4
square feet, exclusive of
operating instructions
• Identification signs with a
maximum of twenty percent per
side or sixteen square feet,
whichever is smaller, and
• Informational signs as allowed by
the Sign Ordinance
• Must be consistent with character
of the location
• Directional signs, bearing no
advertising message, may be
installed with the approval of the
Director of Community
Development if necessary to
facilitate traffic circulation, or if
the facility is not visible from the
public right-of-way,
• The Director of Community
Development may authorize
increases in the number and size of
signs upon findings that it is
compatible with adjacent
businesses.
• Identification and
informational signs will meet
the standards of the zone.
• Directional signs, bearing no
advertising message, may be
installed with the approval of
the Director of Community
Development if necessary to
facilitate traffic circulation.
• Sign requirements shall
be those provided for the
zoning district in which
the facility is located.
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CHAPTER 19.112: SECOND DWELLING UNITS IN R-1, RHS, A AND A-1 ZONES
Section
19.112.010 Purpose.
19.112.020 Applicability of Regulations.
19.112.030 Site Development Regulations.
19.112.040 Architectural Review.
19.112.050 Nonconforming and Illegal Second Dwelling Units.
19.112.010 Purpose.
The purpose of this chapter is to promote the goal of affordable housing within the City
through provision of additional housing in certain residential and agricultural zoning districts
which would otherwise be prohibited in those districts, in a manner which minimizes adverse
impacts to neighborhoods.
(Ord. 1601, Exh. A (part), 1992)
19.112.020 Applicability of Regulations.
Notwithstanding any provision of this title to the contrary, a second dwelling unit is permitted
on lots in R-1, RHS, A and A-1 zoning districts, provided that in addition to complying with the
site development regulations specified in those districts for dwelling units, such second dwelling
unit complies with the regulations contained in this chapter and Chapter 19.100, Accessory
Building/Structures.
(Ord. 1901, (part), 2002; Ord. 1601, Exh. A (part), 1992)
19.112.030 Site Development Regulations.
Site Development Regulations for Second Dwellings are as identified in Table 19.112.030.
Table 19.112.030: Site Development Regulations
Lots < 10,000 s.f Lots ≥ 10,000 s.f.
A. Maximum size of living space,
exclusive of decks and garages
640 s.f. 800 s.f.
B. Location Must be attached to the
principal dwelling and
integrated with it unless it
conforms with Section
19.112.040, Architectural
Review.
May be attached or
detached.
If detached must conform
with Section 19.112.040,
Architectural Review.
C. Direct Outside Access Must be provided without going through the principal
dwelling.
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Lots < 10,000 s.f Lots ≥ 10,000 s.f.
D. Screening from a public street All access to second units shall be screened from a public
street.
E. Second-story second dwelling
unit
Allowed if:
a. It is attached to the primary residence
b. Entry to the second dwelling unit is not provided by
an exterior staircase; and
c. In the opinion of the Director of Community
Development, the second unit does not result in
privacy intrusion to adjoining dwellings.
F. Parking One additional off-street parking space shall be provided, if
the principal dwelling unit has less than the minimum off-
street parking spaces for the applicable residential zoning
district in which it is located, as required in Chapter 19.124,
Parking Regulations.
19.112.040 Architectural Review.
Prior to issuance of a building permit for a second dwelling unit, the Director of Community
Development shall review the architecture of the proposed dwelling and shall determine that:
A. The design of the proposed second dwelling unit is consistent with the architecture of the
principal dwelling;
B. The building materials of the proposed second unit are compatible with the materials, color
and textures of the principal dwelling;
C. The proposed second dwelling unit will not require excessive grading which is visible from a
public street or adjoining private property.
(Ord. 1601, Exh. A (part), 1992)
19.112.050 Nonconforming and Illegal Second Dwelling Units.
A. A second dwelling which was constructed prior to the enactment by the City of any ordinance
which regulates second dwellings in R-1, RHS, A or A-1 zoning districts but which was
constructed in conformance with applicable site development and building code regulations in
effect at the time of construction is governed by the provisions of Chapter 19.140,
Nonconforming Uses and Facilities.
B. Illegal Second Units. A second dwelling which was constructed without a building permit or
in conflict with the applicable site development or building regulations at the time of
construction may only be permitted upon the owner of such a unit obtaining approval of the
Design Review Committee, based upon the Architectural review criteria stated in section
19.112.040, Architectural Review.
(Ord. 1901, (part), 2002; Ord. 1601, Exh. A (part), 1992)
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CHAPTER 19.116: CONVERSIONS OF APARTMENT PROJECTS TO COMMON
INTEREST DEVELOPMENTS
Section
19.116.010 Purpose
19.116.020 Applicability of Regulations
19.116.030 General Regulations
19.116.040 Parking
19.116.050 Application Requirements
19.116.060 Application Procedures
19.116.010 Purpose.
The purpose of this chapter is as follows:
A. To regulate conversion of apartments and other forms of rental housing units to
condominiums and other common interest developments in order to provide for the housing
needs of all economic segments of the community;
B. To ensure that such conversions do not conflict with the goals or policies of the General Plan
of the City of Cupertino;
C. To provide tenant and buyer protection relating to displacement and relocation of renters,
ensuring that purchasers are informed regarding the structural integrity of buildings and the on-
site utility system, and ensuring that such buildings and utility systems reasonably comply with
all current codes which may directly impact the health and safety of future residences, including
codes related to noise and insulation standards.
(Ord. 1601, Exh. A (part), 1992)
19.116.020 Applicability of Regulations.
No apartment project may be converted to a common interest development otherwise than in
conformance with the provisions of this chapter.
(Ord. 1601, Exh. A (part), 1992)
19.116.030 General Regulations.
A. Community Impacts.
1. Residential Displacement.
a. i. In no case shall an apartment project be converted to a common interest development unless
and until it can reasonably be demonstrated that comparable replacement housing exists within
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the housing market area to accommodate those residents displaced as a direct result of the
proposed conversion. The developer shall provide a relocation/displacement plan which
illustrates that sufficient replacement housing is available in the housing market area within a
price range which is equal to or is less than twenty-five percent of the household income of the
tenants to be displaced, or not to exceed the rent being paid for the existing rental unit to be
converted, whichever is higher.
ii. As used in this section “housing market area” means that area bounded by Fremont Avenue
located in the City of Sunnyvale, to the north, Lawrence Expressway to the east, Prospect Road
to the south, hence along a line generally following the westerly boundary of the Cupertino
Urban Service Area northerly to Highway 280, hence easterly along Highway 280 to Foothill
Boulevard, hence northerly along Foothill Boulevard to Homestead Road, hence easterly along
Homestead to Highway 85, hence northerly along Highway 85 to Fremont Avenue.
b. Replacement housing must be shown to meet any special needs of disabled tenants, which are
presently available in the project proposed to be converted, such as facilities for the handicapped,
elderly, families with children, and availability of public transportation for the elderly or
residents who do not own an automobile. The plan shall also demonstrate that all other
provisions relating to tenant protection addressed in the chapter have been fulfilled.
c. A developer may meet the above requirements through the provision of mitigating factors to
diminish the number and/or aid relocation of, displaced tenants within the project. Such
mitigating measures may include, but are not limited to, discounting the price of project units to
tenant buyers, offering a moving allowance, extending leases, or providing below-market-rate
units.
d. Notwithstanding the above provisions, in no case shall an apartment house be converted to a
common interest development when the vacancy rate for apartment houses within the housing
market area is less than five percent at the time of application and has averaged five percent over
the past six months as determined by surveys conducted by the Director of Community
Development.
1. Conformity with the General Plan. No conversion of apartment houses to community houses
to common interest developments shall be permitted unless and until the City Council of the City
of Cupertino finds that the proposed conversion will not conflict with the housing goals and
policies of the General Plan and will not adversely impact the local school system.
2. Prohibition of Discriminating Against Prospective Buyers with Children. In no case shall a
common interest development which has been converted, and which can reasonably
accommodate children, as determined in each case by the City Council, limit initial sales to
households or individuals without children.
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B. Tenant Protection.
1. The developer shall provide each tenant an irrevocable, nontransferable, preemptive right to
purchase a unit or right of exclusive occupancy at a price not greater than the price offered to the
general public for such unit. Such right shall be irrevocable for a period of ninety days after the
commencement of sales or the issuance of the final public report by the real estate commissioner.
Tenants shall have the right to the unit presently occupied and then to other units in the project
only after they have been declined for purchase and vacated by the occupying tenants. In no case
shall an existing tenant have a preemptive right to more than one unit.
2. The developer shall offer a ninety-day extension of tenancy after the expiration of a lease or
rental agreement which would expire prior to or at the time of commencement of sales or
issuance of the final public report by the real estate commissioner.
3. The developer shall permit a tenant to terminate any lease or rental agreement without any
penalty whatsoever after notice has been given of the intention to convert to community housing
if such tenant notifies the developer in writing thirty days in advance of such termination.
C. Buyer Protection. The developer shall furnish each prospective purchaser of a unit, a true
copy of the conditional use permit issued under this chapter and a copy of each of the following
informational documents (the permit and documents shall be printed in Spanish or the
purchaser's native language if requested):
1. Property report;
2. Structural pest control report;
3. Structural report and building department report;
4. Building history report;
5. Statement of compliance (Form 643) pursuant to 10 California Administrative Code, Section
2792.9, or its successor, relating to operating and maintenance funds during startup;
6. Soils report as determined in each case by the Director of Planning and Development;
7. Certificate of compliance.
D. Building and Site Improvements.
1. All private streets, driveways and parking areas for the common interest developments shall be
improved and constructed with a structural section and site dimensions in accordance with the
standards of the City of Cupertino and shall be designed to ensure that access for municipal
services shall not be denied any dwelling unit therein by reason of deteriorated or impassable
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private streets, driveways or parking areas, as determined by the Director of Public Works or his
or her designee.
2. Sewage collection and water distribution lines on private property and property under common
ownership shall be covered by one of the following responsibilities.
a. All lines owned and maintained by the corporations shall be constructed to the City of
Cupertino Standard Specifications for Public Works. Water metering and billing shall be
provided at each individual townhouse lot as well as for the entire development using a master
meter. The difference between the sum of the individual meters and the reading of the master
meter will be billed to the corporate structure. A separate sewer lateral shall be provided to serve
each individual parcel.
b. All lines to be owned and maintained by the City of Cupertino, a private water utility and/or
the Cupertino Sanitary District shall be placed in asphalt concrete driveways, or a covered
concrete line trench, acceptable to the Director of Public Works, or appropriate representation of
the private water utility or sanitary district (with the necessary public utility easement running
through the project) so as to provide accessibility for the maintenance of the lines. A water
meter and sewer lateral shall be provided to serve each individual parcel.
c. In cases of conversion to a common interest development not involving individual ownership
of separate parcels (e.g., community apartments, stock cooperatives, planned developments,
etc.), separate utility services will not be required. In these cases, utilities will be billed to the
homeowners association and a cash deposit to secure payment of the bill will be required.
3. Undergrounding Requirements. All structures being converted from individual, corporate or
partnership ownership of apartment houses to common interest developments shall, within the
exterior boundary lines of such property, have all electrical, communication and similar
distribution, service wires and/or cables placed underground.
4. Compliance with Codes. The design, improvement and/or construction of a common interest
development shall conform to and be in full accordance with all requirements of all building, fire
and housing codes, zoning provisions and other applicable local, state or federal laws or
ordinances relating to protection of public health and safety, in effect at the time of the filing of
the tentative map. Also, any violations of the latest adopted edition of the Uniform Housing
Code as prepared by the International Conference of Building Officials, or its successor, relating
specifically to provisions protecting health and safety of residents, shall be corrected, and any
equipment or facilities which the Building Official determines are deteriorated or hazardous shall
be repaired or replaced. In particular, the developer shall repair or replace any damaged or
infested areas in need of repair or replacement as shown in the structural pest report. The
interpretation of what constitutes a hazard to public health and safety shall be made by the
Director of Community Development, or his or her designee.
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5. Separate Metering. The consumption of gas and electricity within each dwelling unit shall be
separately metered so that the unit owner can be separately billed for each utility. The
requirements of this subsection may be waived where the Director of Community Development
finds that such would not be practical or reasonable. In all cases, a water shutoff valve shall be
provided for each unit.
6. Shock Mounting of Mechanical Equipment. All permanent mechanical equipment, including
domestic appliances, which is determined by the building official to be a source or a potential
source of vibration or noise, shall be shock-mounted, isolated fran the floor and ceiling, or
otherwise installed in a manner approved by the Building Official to lessen the transmission of
vibration and noise.
7. Separate Electrical Panel Boards. Each unit shall have its own panel board of adequate
capacity to accommodate all electrical outlets which serve that unit.
8. Impact Sound Insulation. The applicant/owner shall demonstrate that wall and ceiling
assemblies conform to the sound insulation performance criteria promulgated in Title 25,
California Administrative Code, Section 1092, or its successor, and that any floor covering
which is replaced similarly provides the same or greater insulation qualities.
9. Storage Requirements. Private, enclosed, weatherproofed and lockable outdoor storage space
shall be provided for each dwelling unit according to the following schedule:
Number of Bedrooms Minimum Space in Cubic
Feet
Least Dimension
Studio or 1 150 2 feet
2 200 2 feet
3 250 2 feet
4 300 2 feet
The above space shall be provided in the garage or parking area or contiguous to each unit.
This requirement may be waived by the Director of Community Development if it is determined
that sufficient storage space exists to reasonably fill this standard.
10. Private and Common Area Open Space. The Planning Commission and City Council shall
review the adequacy of open space in terms of area and privacy standards. Private outdoor space
shall be provided for each unit, where practical. The amount of space shall be determined in
each case by the size of the unit and amount of common open space. Adjoining units shall be
redesigned or landscaped in such a manner so as to preclude visual intrusion into private outdoor
yards or interior spaces, where practical.
11. Noise Mitigation. Appropriate site design and construction techniques shall be utilized to
ensure isolation from excessive noise sources outside of the project boundary and to ensure
acoustical privacy between adjoining units. If the Director of Community Development
determines that an excessive external noise source exists, the developer shall retain an acoustical
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engineer to evaluate the noise impact on the proposed residential development and develop
mitigation measures. The construction shall comply with the applicable City ordinances and
state codes relating to sound transmission control to ensure acoustical privacy between adjoining
dwelling units.
12. Interim Maintenance Standards. The developer shall be responsible for improving and
maintaining the structures and landscaping in accordance with the approved architectural and
landscaping plans and good maintenance practices prior to turning them over to the homeowners
association. A performance bond shall be collected to ensure compliance with this requirement.
(Ord. 1784, (part), 1998; Ord. 1601, Exh. A (part), 1992)
19.116.040 Parking.
A. Off-Street Parking. The project shall provide parking consistent with the multifamily zone
and the owner shall demonstrate that additional spaces exist to reasonably accommodate guest
parking.
B. Applicability of City Ordinances Regulating Parking of Trailers and Recreational Vehicles,
Etc. Chapter 19.124, Parking, regulating parking and trailers, repairing vehicles, etc., shall apply
to the private street and to all parking along such street. The parking of recreational vehicles such
as boats, trailers, etc., shall be prohibited throughout the entire development unless such parking
is within an enclosed area. Vehicular curb parking along the private street shall be prohibited
except in designated areas. Appropriate “No Parking” signs shall be installed by the applicant.
(Ord. 1601, Exh. A (part), 1992)
19.116.050 Application Requirements.
A. In addition to the requirements of Title 18 of this code (subdivisions) and the Subdivision
Map Act, an application for the conversion of rental housing into community housing shall
require the submittal of the following data, which data must be submitted to the Director of
Community Development at the same time the tentative map is submitted:
1. A complete legal description of the property;
2. Certification that all tenants in any buildings or structure proposed to be converted have been
notified individually and in writing prior to the time of filing an application hereunder;
3. A boundary map showing the existing topography of the site and the location of all existing
easements, structures and other improvements, and trees over four inches in diameter;
4. The proposed organizational documents. In addition to such covenants, conditions and
restrictions that may be required by the Department of Real Estate of the State of California
pursuant to Title 6 (Condominiums) of the Civil Code or other State laws or policies, the
organization documents shall provide for the following:
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a. Conveyance of units,
b. Assignment of parking and management of common areas within the project,
c. A proposed annual operating budget containing a sinking fund to accumulate reserve funds to
pay for major anticipated maintenance, repair or replacement expenses,
d. FHA regulatory agreement, if any,
e. The most recent balance sheet of the association,
5. A provision that the annual assessments to members of any association shall provide for
penalties for late payments and reasonable attorney’s fees and costs in the event of default of the
members;
6. Allow the association to terminate the contract of any person or organization engaged by the
developer to perform management or maintenance duties after any association assumes control
of the project or any time thereafter;
7. A property report describing the condition and estimating the remaining useful life of each of
the following elements of each structure situated within the project proposed for conversion:
roofs, foundations, exterior paint, paved surfaces, mechanical systems, electrical systems,
plumbing systems, including sewage systems, sprinkler systems for landscaping, utility delivery
systems, central or community heating and air conditioning systems, fire protection systems
including any automatic sprinkler systems, alarm systems, or standpipe systems, and structural
elements. Such report shall be prepared by a registered civil or structural engineer, or a licensed
general building contractor or general engineering contractor;
8. A structural pest report prepared by a licensed structural pest control operator pursuant to
Section 8516 of the Business and Professions Code, relating to written reports on the absence or
presence of wood-destroying pests or organisms;
9. A structural report describing the physical elements of the project shall be submitted to the
Planning Department with the final map. The report shall also identify any structural elements
which are known to be structurally defective or unsafe so as to impose a hazard to the health and
safety of the occupants or users of the improvements. The Director of Community Development
shall maintain a form containing a reasonable list of physical elements to be described in the
report, which form shall be made available to the applicant. The applicant shall arrange for
project inspections by the Building Department to verify the accuracy of the deficiencies noted in
the structural report. The Building Official shall prepare a report detailing building code
deficiencies or other health and safety deficiencies which must be corrected prior to sale of units
of occupancy;
10. A building history report including the following:
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a. The date of construction of all elements of the project,
b. A statement of the major uses of the project since construction,
c. The date and description of each major repair of any element since the date of construction,
d. The date and description of each major renovation of any element since the date of
construction,
e. A statement regarding current ownership of all improvements and underlying land,
f. The name and address of each present tenant of the project,
g. Failure to provide information required by subsections A1 through A6 of this section,
inclusive, shall be accompanied by an affidavit, given under penalty of perjury, setting forth in
detail all efforts undertaken to discover such information and all reasons why such information
cannot be obtained;
11. A rental history detailing the size in square footage, the current or last rental rate, the
monthly rental rate for the preceding two years, and the monthly vacancy over the preceding two
years of each rental unit proposed to be converted;
12. Condominium Plan. The application for final subdivision map shall include a copy of the
condominium plan prepared pursuant to the Civil Code, Section 1351. The plan shall be
submitted for the information of the local governing body and need not be part of the subdivision
map;
13. Project Organization. A written description regarding the proposed project organization
including the use and control of the common elements and recreation facilities within the project
shall be submitted to the Planning Department with the tentative map. The statement shall detail
any proposed control of common facilities to be retained by the developer or to be owned or
maintained by any other organization other than the homeowners association or unit owners.
14. A true copy of each application submitted for issuance of a final public report to the
Department of Real Estate of the State of California for the project proposed for conversion
including all attachments and exhibits thereto required by the Department pursuant to Section
11011 of the Business and Professions Code. A true copy of the statement of compliance (Form
643 as amended) pursuant to 10 California Administrative Code, Section 2792.9, or its
successor, relating to operating and maintenance funds during the startup. A statement whether
the developer will provide any capital contribution to our association for deferred maintenance of
the common areas, and if so, the sum and date on which the association will receive said sum;
15. A true copy of the supplemental questionnaire for apartments converted to common interest
developments submitted to the Department of Real Estate of the State of California for the
project proposed for conversion, and shall include all attachments and exhibits thereto; provided,
however, that to the extent the information required to be furnished pursuant to subsections A14
and A15 of this section is not available at the time of application, any conditional use permit
issued under this part shall require the developer to furnish such information to the City within
ten days of issuance by the Department of Real Estate;
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16. Relocation Displacement Plan. A relocation displacement plan shall detail the number of
residents which will be displaced as a result of the proposed conversion and document the
reasonable availability of comparable replacement housing in the Cupertino area within a rental
range equal to the range which the tenants have paid as detailed in a rental report (See Section
19.88.050 A11) or within a price range which is equal to or less than twenty-five percent of the
income range of each household to be displaced as a result of the conversion whichever is
higher. Additionally, replacement housing must be shown to meet any special needs, which are
presently available in the project, of displaced tenants such as facilities for the handicapped,
elderly, households with children, and availability of public transportation for the elderly or
resident buyers who are temporarily displaced pending completion of improvements to the units
being purchased;
17. Soils Report. A true copy of the soils report originally prepared for the subject property. In
cases where a soils report has never been prepared or when information in previous reports is
considered insufficient as determined by the Director of Planning and Development, then the
developer shall provide a soils report prepared by a registered civil engineer, or equivalent,
which details information as determined by the Director of Public Works;
18. All information required by Chapter 19.12, Administration and Chapter 19.80, Planned
Development Zone, of the City of Cupertino, and such information which the Planning
Commission or the Director of Community Development determines is necessary to evaluate the
proposed project.
(Ord. 1601, Exh. A (part), 1992)
19.116.060 Application Procedures.
A. Zoning. Any apartment house project proposed to be converted to a common interest
development shall be rezoned to the RIC (single-family cluster) or P (planned development
project with single-family residential intent) zoning district.
B. Use Permit and Tentative Map or Parcel Map Required. No conversion shall be permitted
unless and until a conditional use permit and tentative map or parcel map has been applied for
and issued pursuant to and in accordance with the provisions of this chapter and the requirements
of the Subdivision Map Act or its successor.
C. Property and Structural Pest Report.
1. After reviewing the property, structural and structural pest reports required to be submitted
pursuant to Section 19.116.050A8 and inspecting the structures situated within the project when
he or she deems such inspection necessary, the Building Official shall identify all items if
evidenced by such reports and/or inspection to be hazardous to the life, health or safety of the
occupants of such structure within the project, or the general public. Each permit issued
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hereunder shall require all of such items to be corrected to the satisfaction of the Building
Official.
2. The Building Official shall review the property report and may require its revision and
resubmission if he or she determines that substantial evidence shows that any statement therein is
without foundation or fact. The report may be revised to reflect improvement, repair or
replacement.
D. Organizational Document Review. The organizational documents shall be submitted to the
City Attorney for a determination that such documents comply with the requirements of this
chapter and the applicable State laws.
E. Compliance with Housing, Building Codes and Fire Regulations. If the proposed project does
not comply with the provisions of the State of California Uniform Building Code and regulations
of the Santa Clara Central Fire Protection District, and/or the Building Official identifies items to
be corrected as provided in the above, any use permit issued pursuant to this part shall require the
developer to furnish a bond, in a penal amount equal to the reasonable estimated cost to bring
their project into compliance with such codes, such fire regulations and/or such identified items
to be corrected. The bond shall run in favor of the individual purchasers and the homeowners
association and shall provide for reasonable attorney’s fees in the event of default by the
principal. The City shall hold the bond pending issuance of the certificate of completion.
F. Public Hearings.
1. The tentative map, use permit and rezoning portion of the application will be heard in a public
hearing before the Planning Commission. The Planning Commission will recommend either
approval or denial to the City Council. If the City Council approves the proposed conversion, the
applicant will be required to submit detailed site improvement plans to the Planning Commission
for any exterior alterations or improvements to the buildings and/or landscaping.
2. The Planning Commission will make a final recommendation to the City Council regarding
the improvements. The City Council’s final action will be a review of the architectural plan and
final map to determine approval or denial of the project.
G. Letter Certifying Compliance. The Director of Community Development shall cause a final
inspection of all buildings and structures to be made, upon request by the developer, to determine
that the requirements of this chapter have been fulfilled. The Building Official shall then mark
the inspection report to show the corrections, repairs and replacements which have been made.
If complete, the Director will cause to be issued a letter certifying compliance with all of the
conditions and approvals and with this title and authorize sale and/or occupancy of the units. No
building or unit applied for under this chapter shall be sold without the letter certifying
compliance and approving occupancy.
(Ord. 1601, Exh. A (part), 1992)
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CHAPTER 19.120: HOME OCCUPATIONS
Section
19.120.010 Purpose.
19.120.020 General Requirements.
19.120.030 Standards.
19.120.040 Interpretation of Standards.
19.120.050 Excluded Occupations.
19.120.060 Nonconforming Uses.
19.120.010 Purpose.
A. The purpose of this chapter is to permit and regulate the conduct of home occupations as an
accessory use in a residence, whether owner or renter occupied, and to ensure that such home
occupations are compatible with the neighborhoods in which they are located. The intent is to
protect residential areas from adverse effects of activities associated with home occupations,
while allowing residents of the community to use their homes as a workplace and a source of
livelihood under certain conditions.
B. The City acknowledges that changes in technology and composition of the work force, among
other factors, have contributed to a growing interest on the part of Cupertino citizens to live and
work in their homes. The City also finds that home business enterprises can help reduce
commuter-traffic impacts, reduce or eliminate child care expenses for people with young
families, and provide the opportunity to test creative business ventures with greatly reduced
startup costs.
(Ord. 1601, Exh. A (part), 1992)
19.120.020 General Requirements.
A. Home occupations conducted in accordance with the provisions of this chapter shall be
permitted in residential zones, and in other areas where residential use is allowed, provided that
the occupation is clearly incidental and secondary to the use of the dwelling for residential
purposes, and does not change the residential character thereof; and provided that such
occupation is not detrimental to the health, safety, public welfare and property values in the
neighborhood.
B. Authorization to establish a home occupation shall be evidenced by payment of a business tax
and the issuance of a City of Cupertino business license tax certificate. All home occupations
shall be subject to all provisions of the Cupertino Municipal Code regulating the issuance of
business licenses.
(Ord. 1601, Exh. A (part), 1992)
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19.120.030 Standards.
The requirements set out in Table 19.120.030 must be met at the establishment of the home
occupation, and maintained on a continuing basis during operation of the business activity.
Table 19.120.030: Standards
Topic Regulatory Intent Specific Standard
Location
Prevent intrusion of
light, noise and
unsightly conditions
from disturbing
neighbors
-Confine home occupation to main dwelling or accessory
building
-Garage area may be used if the minimum required number of
vehicles can be parked inside during non-business
hours. Home occupation activity within garage areas is limited
to the hours of 8:00 a.m. to 8:00 p.m.
-Rear and side yards may be used for horticulture; no storage
-Front yards, driveways may not be used for home occupation
purposes
Appearance
Maintain visual
character of the
structure as a
residence
-The entrance to the space devoted to the home occupation
shall be from within the main building
-There shall be no internal or external alterations or
construction not customarily found in residences
Display Maintain visual
character of structure
as a residence
-Home occupations shall involve no exterior display of
merchandise or stock in trade for sale
Sales
activity
Restrict scope of
business activity to
ensure that residential
use remains primary
-Direct sale of products off display shelves or racks to the
general public is prohibited; however, an order may be filled
on the premises if placed earlier by a customer using telephone
or mail order communications, or through attendance of sales
party
-Parties for the purpose of selling or taking orders for
merchandise shall not be held more than two times in any
month
-Home occupations which involve the sale or rental of vehicles
or vessels shall not be permitted to keep any vehicles on the
premises at any time, or to deliver such vehicles to renters or
purchasers on the premises
Intrusive
effects
Ensure that processes,
tools and hours of
operation do not
disturb neighbors
through noise, odor,
vibration, TV/radio
interference
-All home occupation activities shall comply with City noise
ordinance daytime/nighttime limitations
-All home occupations shall be conducted so as to maintain
emissions at nonintrusive levels
-Appropriate equipment shall be installed to reduce emissions
to nonintrusive levels
Traffic Ensure that
pedestrian,
automobile or truck
traffic, or parking
-Deliveries to and from the premises restricted per the
Municipal Code
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Topic Regulatory Intent Specific Standard
demand is not
significantly above
normal levels for that
zone
Employment Ensure that traffic is
not significantly
above normal levels
for that zone
- Home occupations shall be carried on by members of the
household occupying the dwelling, with not more than one
additional person employed on the premises who is not a
resident thereof.
This shall not exclude the employment of domestic servants,
gardeners, janitors, or other persons concerned in the operation
or maintenance of the dwelling, whether living on the premises
or not.
Utility
service
Maintain residential
scale of utility
services to limit
business activity to an
incidental use
-Home occupation activity requiring a water meter above the
size customary to a residence in that zone is prohibited
-Electrical panel restricted to size customary to a residence in
that zone
Business
vehicle
Restrict number, size
and keeping of
vehicles to reduce
parking demand and
maintain residential
streetscape
-No more than one vehicle primarily used for business
purposes may be parked per site
-Size limited to passenger auto, pickup truck or similar van
Storage
Ensure that stored
materials do not take
up required parking
space or accumulate
in yards
-Storage outside of an enclosed structure is prohibited
-Garage storage of materials is allowed if the remaining space
allows parking of the required number of vehicles
Signs
Prohibit use of signs
unless legally
required
-Legally required signs are restricted to a maximum one square
foot area
-Signs shall not be placed on the roof or within the required
setback areas
Cumulative
effects
Ensure that multiple
home occupations at a
site do not exceed
single-activity
performance levels
-Cumulative impact of each home occupation shall not exceed
the limits set forth in any portion of this section
(Ord. 1601, Exh. A (part), 1992)
19.120.040 Interpretation of Standards.
The Director of Community Development, or the Planning Commission upon appeal, may
interpret a proposed use as an acceptable home occupation activity, but may determine that the
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use is of an unusual nature or intensity such that the applicant may be required to obtain a
conditional use permit from the Director of Community Development prior to commencing
business activity, in accordance with the procedures outlined in Chapter 19.156, Development
Permits, Conditional Use Permits and Variances, of this title.
(Ord. 1637, (part), 1993; Ord. 1601, Exh. A (part), 1992)
19.120.050 Excluded Occupations.
The occupations listed below, shall not be considered incidental and secondary to the use of a
residence for dwelling purposes and are therefore prohibited in residential zones:
A. Automobile repair shops, including paint and body work;
B. Barbershops and beauty parlors;
C. Boarding and/or rooming homes for more than two guests;
D. Clinics and hospitals, also veterinary (animal) clinics and hospitals;
E. Kennels and other boarding for pets, in excess of the number of animals allowed in the base
zoning district where specified;
F. Medical offices for physicians, dentists, osteopaths, and other practitioners;
G. Private schools with organized classes;
H. Upholstery, small engine repair, welding shops;
I. Other uses which are found by the Community Development Director to be of similar intensity
and characteristics of use to those enumerated in this section, and are thus inconsistent with the
stated purposes of this chapter.
(Ord. 1784, (part), 1998; Ord. 1601, Exh. A (part), 1992)
19.120.060 Nonconforming Uses.
Notwithstanding the provisions of this chapter, all home occupations which exist as
nonconforming uses in any residential zone or in other areas where residential uses are allowed,
shall be allowed to continue as legal, nonconforming uses subject to the provisions of Chapter
19.140, Nonconforming Uses and Nonconforming Facilities.
(Ord. 1601, Exh. A (part), 1992)
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CHAPTER 19.124: PARKING REGULATIONS
Section
19.124.010 Purpose.
19.124.020 Applicability of Regulations.
19.124.030 Regulations for Parking and Keeping Vehicles in Various Zones.
19.124.040 Regulations for Off-Street Parking.
19.124.050 Exceptions - Findings.
19.124.010 Purpose.
The purpose of this chapter is to regulate the parking of vehicles which are unsightly, oversized,
or which are detrimental to property values or the peace and enjoyment of neighboring property
owners or residents and establish regulations pertaining to the design and number of off-street
parking spaces for land use activities located in various zoning districts.
(Ord. 1940, (part), 2004; Ord. 1737, (part), 1996; Ord. 1601, Exh. A (part), 1992)
19.124.020 Applicability of Regulations.
A. No vehicle may be parked, stored or kept on any parcel of land within the City of Cupertino
otherwise than in conformance with the provisions of this chapter.
B. Buildings, structures and land uses are required to provide off-street parking in conformance
with this chapter. The standards and regulations contained in this chapter regulate off-street
parking for conventional zoning districts and are intended also as guidelines for development
projects located in planned development (P) zones and at congregate residences and residential
care facilities.
(Ord. 1940, (part), 2004; Ord. 1737, (part), 1996; Ord. 1688, § 3 (part), 1995; Ord. 1601, Exh. A
(part), 1992)
19.124.030 Regulations for Parking and Keeping Vehicles in Various Zones.
A. Table 19.124.030A sets forth the rules and regulations that pertain to Vehicles Permitted in
Residential Zones.
Table 19.124.030A – Regulations for Parking and Keeping Vehicles in Various Zones.
1. Front yard, Street side
setback area or within 12
feet of a public right-of-
way in a rear yard area
Vehicles may be placed, kept or parked in these areas subject to
the restrictions below.
a. Maximum Number of
Vehicles
i. Residential zoning district requiring a lot size ≤ 10,000
square feet = four.
ii. Other residential zoning districts = six.
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iii. A greater number of vehicles may e approved by the City
in conjunction with a development permit.
iv. For purposes of counting vehicles, vertically stacked
components which belong together shall be counted as a
single vehicle. E.g., a camper mounted on a pickup truck.
v. Horizontal groupings shall be counted as two vehicles.
b. Vehicle with trash or
debris
Open vehicles containing trash or debris are prohibited.
c. Overhang No portion of any vehicle may overhang any public right-of-
way.
d. Parking pad materials i. All vehicles must be parked on a permanent impervious or
semi-pervious surface.
ii. Semi-pervious surfaces include unit pavers, turf block,
brick, cobbles, gravel or other like materials that must
allow for partial filtration of water and must prevent direct
contact with soil.
iii. Impervious surfaces include concrete, asphalt or other like
materials that do not allow infiltration of water.
e. Front yard
Impervious Area
Limitation
i. Lots > 60 feet in width, maximum impervious area = 40%
of front yard area.
ii. Lots ≤ 60 feet in width, maximum impervious area = 50%
of front yard area.
f. Registration/PNO
required
i. Vehicles must be either currently registered, where
registration is required for legal operation and in good
operating conditions or
ii. Vehicles must have a planned non-operation permit on file
with the Department of Motor Vehicles.
g. Driveway width for
detached garage or
carport
i. Lots ≤ 150 feet in length, driveway width = 10 feet
ii. Lots > 150 feet in length, driveway width = 12 feet
h. Driveway clearance In new residential development, driveways shall have a
minimum clearance of two feet from a building wall, fence, or
property line.
i. Orientation of Parked
Vehicles
i. All vehicles parked in the front or street yard setback area
must be parked perpendicular to the street, except on lots
with circular driveways which conform to the provisions of
this code.
ii. On lots with circular driveways which conform to the
provisions of this code, all vehicles parked in the front or
street side yard setback area are limited to less than twenty
feet in length, unless parked perpendicular to the street.
j. Commercial Vehicles
with GVW > 10,000
pounds or more or
oversize vehicles
The following vehicles are not permitted:
i. Any commercial vehicle with a manufacturer's gross
vehicle weight rating of ten thousand pounds or more,
ii. A total combination of motor truck, truck tractor and/or
trailers that exceeds sixty feet in length.
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2. Areas outside those in
A(1) above
Vehicles may be placed, kept or parked these areas, provided a
minimum clearance of three feet is maintained from any
structure.
3. Parking within Structures Vehicles are permitted to be placed, kept or parked in any legal
structure, provided that A(4)(ii) is met.
4. Non-Self-Propelled
Vehicles
i. A maximum of two such vehicles are permitted to be
placed, kept or parked outside a legal structure on a lot.
ii. A maximum of one such vehicle can occupy a required
parking space inside a legal structure.
5. Enclosed Garage Size i. Shall consist an internal area encompassing two parking
spaces measuring ten feet by twenty feet each (a total of 20
feet by 20 feet) and
ii. Shall provide unobstructed (i.e., by walls, appliances, etc.)
between six inches from finished floor up to six feet from
finished floor.
6. Legal Non-conforming
Single-family Dwelling
Garages
May continue their nonconformity provided that the square
footage necessary to legalize the garage based on this section of
the ordinance be reserved from the allowable floor area ratio for
a future garage upgrade.
7. Mobilehomes Mobilehomes, excluding travel trailers, are not permitted within
the residential zones of the City, except in a mobilehome park
or as provided by State law.
8. Living or Sleeping
Quarters
No vehicle shall be used for living or sleeping quarters, except
as permitted below.
a. Mobilehome park Vehicles located in a mobilehome park and used consistent with
any City regulations applicable to mobilehome parks are
permitted.
b. Trailers, Campers or
Recreational Vehicles
Trailers, campers or recreational vehicles may be used by a
bona fide guest of a City resident for a period not to exceed
seventy-two hours where the trailer, camper or recreational
vehicle is located on the resident's property.
B. Table 19.124.030B sets forth the rules and regulations pertaining to Vehicles Permitted in
Nonresidential Zones.
1. Parking
consistent with
allowed uses in
that zone
It is unlawful for any person to place, keep or maintain or permit to be
placed, kept or maintained, any vehicle upon any lot, place or parcel of
land within the nonresidential zones of the City, except for storage, sale
or business use as permitted in such zones.
2. Construction
Trailers
Trailers may be used for temporary offices on construction sites provided
that a permit is obtained from the City Building Department after
satisfactory information has been given that the use is in compliance with
the conditions of this chapter.
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3. Loading and
Unloading and
Utility Vehicles
The provisions of this chapter are inapplicable to active loading or
unloading of any vehicle or to any public service or utility company
vehicles while in the performance of service or maintenance work.
4. Parking on
Vacant Lots
No vehicle may be parked, kept, or stored upon any vacant or
unimproved parcel within the City.
5. Other Parking
Regulations
As outlined in Title 11 of the Municipal Code
19.124.040 Regulations for Off-Street Parking.
Table 19.124.040 sets for the rules and regulations for Off-Street Parking.
Table 19.124.040 – Regulations for Off-Street Parking.
A. Parking Ratio and
Dimensions
Table 19.124.040(A) defines the minimum and maximum
required number of parking spaces by size and type for specific
zoning districts and use within districts.
B. Residential Lots
Fronting on Public or
Private Streets
If no on-street parking is available, two additional off-street
spaces are required.
C. Large-Family Day Care
Home
Requirements are in addition to minimum requirements of the
zoning district.
May be on-street, in front of provider’s residence.
If the provider is relying on on-street parking and the roadway
prohibits on-street parking, a semi-circular driveway may be
provided, subject to other provisions of the Municipal Code.
1. Non-resident
Employee Parking
Minimum of one parking space for each non-resident employee.
2. Drop-off Parking Minimum of one parking space with direct access to the unit, not
crossing a street.
D. Aisle Dimensions Aisle dimension shall be as required by standard details adopted
by the City Engineer and shown in Table 19.124.040(B)
E. Loading Areas Loading areas, truck parking spaces and parking spaces for
vehicles other than automobiles shall have ample dimensions for
the particular use and type of operation, and be designed as
required by the City Engineer except in the case of loading areas
in the MP zone which are specified in Chapter 19.72.
F. Planned Development
Districts
The parking requirement contained in Table 19.124.040(A)
functions as guidelines for projects in planned development
zoning districts.
G. Mixed-Use and Shared
Parking
The minimum parking requirement for developments with more
than one land use, or parking facilities being used by one or
more properties, shall be determined using Table 19.124.040(C).
H. Alternative Parking
Standards
For all projects not meeting parking requirements in Table
19.124.040(A), (B) or (C), alternative parking arrangements may
be approved per Section 19.124.060C
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I. Tandem, Valet and
Other Special Parking
Arrangements
Tandem, Valet, and other special forms of parking may be
approved per Section 19.124.060C.
J. Minimum Stall
Dimensions in Parking
Structures
Uni-size space located in a parking garage or other enclosed
parking structure intended for non-residential uses is eight and
one-half (8.5) feet by eighteen (18) feet.
1. Space adjacent to a
wall or structure on
one side
Nine (9) feet by eighteen (18) feet.
2. Space adjacent to a
wall or structure on
both sides
Nine and one-half (9.5) feet by eighteen (18) feet.
K. Accessible Parking for
the Disabled
The accessible parking requirement for the disabled is embodied
in Section 1129 B of the California Building Code, as amended,
is hereby incorporated into this chapter by reference.
L. Heavy Equipment 1. May only be stored within entirely enclosed structures or
behind six-foot-high fencing in interior side yard and rear
yard setback areas; and
2. In no case shall these items be visible from the street even
when placed in permitted areas.
3. The provisions in L(1) and L(2) shall not apply to heavy
equipment stored on site that is being used for construction
or installation of improvements with a valid building or
grading permit.
M. Other Regulations Outlined in Title 11 of the Municipal Code.
N. Landscape
Requirements
Applicable to all new centers and centers with a twenty-five
percent or greater increase in floor area or a twenty-five percent
or greater change in floor area resulting from use permit or
architectural and site approval within twelve months shall be
required to meet the following minimum landscape
requirements.
However, the Planning Commission and/or City Council may
recommend additional landscaping.
1. Minimum Interior
Landscaping
As required in Table 19.124.040 (N)(1) below:
Table 19.124.040(N)(1):
Size of Parking Facility
(Sq. Minimum Required
Interior Ft.)
Landscaping
(% of Total Parking
Facility Area)
Under 14,999 5%
15,000 - 29,000 7.5%
30,000 plus 10%
2. Parking Lot trees i. Shall be planted or exist at a rate of one tree for every five
(5) parking stalls for every ten spaces in a single row.
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ii. Only fifty percent of the trees located along the perimeter of
the parking area may count towards the required number of
trees.
iii. A parking facility with larger trees with high canopies may
be allowed to increase the number of parking stalls (up to 10
parking stalls per tree) depending on the size of the tree and
canopy size.
3. Landscape Planter
Strip
At least three (3) feet wide by the length of the parking space.
4. Placement of Trees Shall be offset to prevent vehicles from bumping into them. The
Planning Department shall review and approve final tree
locations.
5. Landscape Buffer
(inclusive of curbing
and vehicle overhang
allowance)
i. When parking lot is adjacent to a street, landscape buffer =
ten feet wide
ii. When adjacent to a side or rear property line, landscape
buffer = five feet wide,
iii. Buffer between double loading stalls = four (4) feet.
4. Flat and Raised
Curbs, Wheel Stops
and Overhang into
landscaped areas
i. Landscape areas shall be enclosed by a six-inch wide
continuous flat curb allowing parking lot run off into
landscaping area, infiltration islands or swales.
ii. Concrete wheel stops shall be placed on top of the flat curb
and shall be provided at a rate of one per two stalls.
iii. Landscape planter strips at the end of the parking aisles
adjacent to a driveway shall be enclosed by a six-inch raised
concreted curb with drainage outlets to help delineate the
driveways or aisles.
iv. Parking stall length may be decreased by up to two feet but
must provide an equivalent vehicle overhang into
landscaped areas.
5. Planter Strips i. Curbed planter strips shall be provided at the end of each
parking aisle.
ii. Landscape planter strip shall be at least three (3) feet wide
and the length of a parking stall.
6. Pedestrian Paths Where appropriate, provision shall be made to ensure that
adequate pedestrian paths are provided throughout the parking
lot/landscaped areas.
7. Minimum Tree Size Trees require to meet any section of this title shall be a minimum
of fifteen (15) gallon size.
8. Tree Protection All trees shall be protected by wheel stops, curbing, bollards or
other similar barriers as appropriate.
9. Maintenance All landscaping shall be continuously maintained.
O. Swales and Permeable
Surfaces
In order to reduce urban runoff and provide water quality
benefits in parking lots, all new parking lots or any substantial
alterations to existing parking lots shall incorporate the following
design measures to the maximum extent possible:
1. Bio-swales Incorporate bio-swales in the required landscaping buffers.
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a. Standards for bio-
swales
i. Longitudinal slope of the swale shall be between 1% and
5%.
ii. Swales of greater than 3% may be required to install check
dams to reduce velocity through swale.
iii. Side slope shall not exceed 3:1 (horizontal:vertical).
iv. All swales shall be required to provide an adequate under-
drain system to prevent ponding. Swales shall be designed
to eliminate any ponding of water for more than 48 hours.
2. Permeable surfaces Use permeable or semi-permeable materials for the parking stalls
P. Bicycle Parking Bicycle parking shall be provided in multi-family residential
developments and in commercial districts. In commercial
districts, bicycle parking shall be conveniently located and
adjacent to on-site bicycle circulation pedestrian routes. The
bicycle parking facilities shall be one of the following three
classification types:
1. Class I Facility These facilities are intended for long-term parking and are
intended to protect the entire bicycle or its individual
components and accessories from theft. The facility also
protects the cycle from inclement weather, including wind driven
rain. The three design alternatives for Class I facilities are as
follows:
a. Bicycle Locker A fully enclosed space accessible only by the owner or operator
of the bicycle. Bicycle lockers must be fitted with key locking
mechanisms.
b. Restricted Access Class III bicycle parking facilities located within a locked room
or locked enclosure accessible only to the owners and operators
of the bicycle. The maximum capacity of each restricted room
shall be ten bicycles. In multiple family residential
developments, a common locked garage area with Class II
parking facilities shall be deemed restricted access provided the
garage is accessible only to the residents of the units for whom
the garage is provided.
c. Enclosed Cages A fully enclosed chain link enclosure for individual bicycles,
where contents are visible from the outside, which can be locked
by a user provided lock. This facility may only be used for
multiple family residential uses.
1. Class II Facility i. Intended for short term parking. A stationary object which
the user can lock the frame and both wheels with a user
provided lock.
ii. The facility shall be designed so that the lock is protected
from physical assault.
iii. A Class II facility must accept U-shaped locks and padlocks.
iv. Class II facilities must be within constant visual range of
persons within the adjacent building or located at street floor
level.
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2. Class III Facility i. Intended for short-term parking. A stationary object to
which the user may lock the frame and both wheels with a
user provided cable or chain and lock.
ii. Spacing of the bicycle units shall be designed for a
handlebar width of three feet, distance from bottom of wheel
to top of handlebar of three feet and six inches and a
maximum wheel-to-wheel distance of six feet.
Q. Parking Lot Lighting Applicable to new lighting fixtures for any new site construction
shall meet the following requirements:
1. Exterior Light Color All exterior lighting shall be a white type light either metal
halide or a comparable color corrected light unless otherwise
approved as part of a development plan for uniformity, not
allowing any dark areas in the parking lot.
2. Lighting Glare i. The light fixtures shall be oriented and designed to preclude
any light and direct glare to adjacent residential properties.
ii. No direct off-site glare from a light source shall be visible
above three feet at a public right-of-way.
3. Lighting Intensity Parking lots, sidewalks and other areas accessible to pedestrians
and automobiles shall be illuminated with a uniform and
adequate intensity. Typical standards to achieve uniform and
adequate intensity are:
a. Average
Horizontal
Maintained
Illumination
Between one and three foot-candles
b. Average
Maximum to
Minimum Ratio
Should be generally between six and ten to one
c. Minimum
Intensity above
Parking Lot
Surface
Minimum 3 foot-candles vertically above the parking lot surface
shall be maintained.
4. Critical Areas Such as stairways, ramps and main walkways may have a higher
illumination.
5. Automatic Teller
Machines (ATM)
Lighting around automatic teller machines shall meet minimum
standards required by the State Business and Professions Code.
6. Shatter Resistant
Lenses
Shatter resistant lenses should be placed over the light to deter
vandalism.
7. Underground
Lighting
i. Underground lighting should utilize vandal-resistant fixtures
and
ii. Maintain a minimum five lux level of color-corrected
lighting for maximum efficiency.
8. Parking Garage
Entrances
Portal lighting should be provided inside all parking garages
entrances.
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R. Parking Space Dimension Chart. Parking space dimensions shall be as shown in Table
19.124.040 (A):
Table 19.124.040(A)
Land Use Zones Parking Ratio (2) Bicycle
Parking
Bicycle
Parking
Class (4)
Stall
Dimensions (3)
Residential
Single- Family R1/RHS/
A1/P
4/DU (2 garage +
2 open)
10 x 20 ea.
Small Lot Single-family,
Townhouse
P 2.8/DU (2 garage
+ 0.8 open)
10 x 20 ea.
Duplex R2 3/DU (1 ½
enclosed + 1 ½
open)
10 x 20 ea.
High Density Multiple-
Family, High Density
Multiple Story
Condominium
R3/P 2/DU (1 covered +
1 open)
+40% of
units
Class 1 9.5 x 20 ea.
Public/Quasi-Public/Agriculture
Churches, Clubs, Lodges,
Theaters
BQ/CG 1/4 seats +
1/employee +
1/special-purpose
vehicle
Uni-size
Schools and School Offices BA/BQ 1/employee + 1/56
sq. ft.
multipurpose room
+ 8 visitor
spaces/school +
1/3 students at
senior H.S. or
college level
Uni-size
Daycare Centers CG 1/6.5 students Uni-size
Martial Arts, CG
Dance/Art/Music Studios,
Tutorial Services,
specialized schools (does not
include adult tutorial schools
or services)
CG 1/4 students plus
1/1 staff at any
given time or
1/250 whichever is
more restrictive
+5% of auto
parking
Class II Uni-size
Agriculture A 2 garage + 2 open 10 x 20 ea.
Sanitariums and Rest Homes BQ 1/doctor +1/3
employees + 1/6
beds
Uni-size
Private Recreation FP 1/4 seats +
1/employee
Uni-size
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Land Use Zones Parking Ratio (2) Bicycle
Parking
Bicycle
Parking
Class (4)
Stall
Dimensions (3)
Gyms, Auditoriums, floor
area used Skating Rinks for
seating without fixed seats
BA/BQ 1/56 sq. ft.
purposes +
1/employee
Uni-size
Commercial
Motels/Hotels/Lodging CG 1/unit +
1/employee (2) (3)
+5% of auto
parking
Class II Uni-size
Restaurant/Bar and
Nightclubs
CG 1/3 seats +
1/employee + 1/36
sq. ft. of dance
floor
+5% of auto
parking
Class II
Uni-size
Restaurants without Separate
Bar
CG 1/4 seats +
1/employee + 1/36
sq. ft. of dance
floor
+5% of auto
parking
Class II Uni-size
Restaurant - Fast Food CG 1/3 seats +
1/employee
+5% of auto
parking
Class II Uni-size
Specialty Foods CG 1/3 seats or 1/250
sq. ft. whichever is
more
+5% of auto
parking
Class II Uni-size
Bowling Alleys CG 7/lane +
1/employee
+5% of auto
parking
Class II Uni-size
General CG 1/250 sq. ft.
+5% of auto
parking
Class II Uni-size
Industrial
Manufacturing
ML
1/450 sq. ft. +5% of auto
parking
Class I Uni-size
Office/Prototype
Manufacturing
ML/OA
1/285 sq. ft. +5% of auto
parking
Class I Uni-size
Office
Corporate/
Administrative/General
Multi-Tenant
CG/OP 1/285 sq. ft.
+5% of
auto
parking
Class I Uni-size
Medical and Dental Office CG 1/175 sq. ft.
Uni-size
Notes:
1. Refer to Table 19.124.040(B) for uni-size stall dimensions.
2. Refer to standard details table for requirements for handicapped parking.
3. See 19.124.040(J) for stall dimensions in parking structures.
4. See 19.124.040(P) for description of bicycle parking classes.
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Table 19.124.40(B)
Type of
Parking Stall
Angle (In
Degrees)
Stall Width Aisle Width
(One-Way
Aisle)
Aisle Width
(Two-Way
Aisle)
Car Space
Depth
(A) (B) (B) (C)
Uni-Size 0° 8.5 10.0 18.0 22.0
30° 8.5 10.0 18.0 18.0
35° 8.5 10.0 18.0 18.0
40° 8.5 10.0 18.0 18.0
45° 8.5 10.0 18.0 18.0
50° 8.5 10.0 18.0 18.0
55° 8.5 11.5 18.5 18.0
60° 8.5 13.0 19.0 18.0
65° 8.5 14.5 19.5 18. 0
70° 8.5 16.0 20.0 18.0
90° 8.5 N/A 22.0 18.0
NOTES TO TABLE:
* - For handicap accessible spaces, please refer to § 1118A.4 of 1994 Uniform Building Code.
* - For further information, please refer to the Public Works Department Standard Details.
Table 19.124.040(C)
CALCULATING SHARED PARKING FOR MIXED-USE DEVELOPMENTS WEEKDAY
WEEKEND NIGHTIME
Weekday Weekend Nightime
Daytime Evening Daytime Evening (midnight -
6:00 a.m.) (9:00 a.m. -
4:00 p.m.)
(6:00 p.m. -
midnight)
(9:00 a.m. -
4:00 p.m.)
(6:00 p.m. -
midnight)
Residential 75% 100% 80% 100% 100%
Office/Industrial 100% 10% 10% 5% 5%
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Retail 60% 90% 100% 70% 5%
Hotel 75% 100% 75% 100% 10%
Restaurant 100% 100% 100% 100% 10%
Entertainment/
Recreational
40% 100% 80% 100% 10%
1. Determine the minimum amount of parking required for each land use as though it were a
separate use;
2. Multiply each amount by the corresponding percentage for each of the five time periods;
3. Calculate the column total for each time period;
4. The column total with the highest value is the parking space requirement.
(Ord. 2056, (part), 2010; Ord. 1940, (part), 2004; Ord. 1737, (part), 1996; Ord. 1657, (part),
1994; Ord. 1637, (part), 1993; Ord. 1601, Exh. A (part), 1992)
19.124.050 Exceptions – Approval Authority
A. The Director of Community Development may approve the following exceptions upon
making the written findings in Section 19.124.050:
1. Exceptions to this chapter for properties located in:
a. The Single- Family (R1) Residential Zoning District;
b. The Duplex (R2) Zoning District;
2. Single Family homes or duplexes in a Planned Development District;
2. Tandem parking arrangements in residential zoning districts.
B. The Design Review Committee may approve parking exceptions for Minor applications as
identified in Section 19.12.030, Approval Authority, upon making written findings in Section
19.124.050;
C. The Planning Commission may approve parking exceptions for Major applications as
identified in Section 19.12.030, Approval Authority, upon making written findings in Section
19.124.050.
19.124.060 Exceptions - Findings.
Exceptions to this chapter may be granted as provided in this section.
A. Findings for an exception to allow substandard sized parking spaces in an enclosed garage in
the R-1 Single-Family Zoning District:
1. The exception to be granted is one that will require the least modification and the
minimum variance to accomplish the purpose.
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2. The exception to be granted will not preclude the garage from being used to park two
standard-sized vehicles.
B. Findings for all other parking exceptions to this chapter:
1. The literal enforcement of this chapter will result in restrictions inconsistent with the
spirit and intent of this chapter.
2. The granting of the exception will not be injurious to property or improvements in the
area nor be detrimental to the public safety, health and welfare.
3. The exception to be granted is one that will require the least modification and the
minimum variance to accomplish the purpose.
4. The proposed exception will not result in significant impacts to neighboring properties.
C. Projects proposing Alternative Parking Standards per Section 19.124.040(H) shall meet the
following conditions in addition to 19.124.060(B)(1)-(4):
a. The applicant submits a detailed parking study which demonstrates that the proposed use is
compatible with the proposed parking supply. Adjacent on-street parking may be included in the
parking supply.
b. The project is owned or managed by a single entity.
c. If adjacent properties are used to share parking, they are in close proximity to each other, and
reciprocal parking and access easements and maintenance agreements are recorded on the
applicable properties to run with the land.
(Ord. 2056, (part), 2010; Ord. 1940, (part), 2004)
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CHAPTER 19.128: ADULT ORIENTED COMMERCIAL ACTIVITIES
Section
19.128.010 Purpose.
19.128.020 Application of Regulations.
19.128.030 Regulations Related to the Concentration of Adult-oriented Commercial Activities
and Findings.
19.128.040 Regulations Related to the Proximity of Adult-Oriented Commercial Activities to
Residential, Public or Quasi-public Uses and Findings.
19.128.010 Purpose.
The purpose of this chapter is to establish application procedures and regulations concerning
location of adult-related commercial activities, as defined herein. These regulations are intended
to guide future adult-related commercial activities and ensure a healthy, functional environment
for existing and future residents within proposed developments and between adjoining parcels.
This chapter is adopted based on the following findings:
A. The Council finds that certain uses of real property, specifically adult bookstores, adult
motion picture theaters, adult cabarets, public dancehalls, and massage parlors, have serious
objectionable characteristics, particularly when several of such uses are located in close
proximity to each other; that such concentration tends to create a “skid row” atmosphere and has
a detrimental effect upon the adjacent area; that regulation of the locations of these uses is
necessary to ensure that such adverse effects will not contribute to the blight or downgrading of
neighborhoods or deter or interfere with the operation and development of hotels, motels, and
lodginghouses, and other businesses which are needed and desirable in the City; and that the
regulations hereinafter set forth in this chapter are reasonably necessary and will tend to prevent
the clustering of such establishments.
B. The Council further finds that, although the control of the concentration or clustering of the
above uses in any one area will tend to prevent the creation of “skid row” and be otherwise
beneficial to the people of the City, it will not prevent the deleterious effect of blight and
devaluation of both business, residential, public and quasi-public property resulting from the
establishment of any of the above-specified uses in a district which is in close proximity to and
which serves residentially zoned, general planned or used property, or property which is zoned,
general planned or used for public or quasi-public uses (i.e., churches, schools, civic buildings,
public or private parks and recreational facilities, etc.); that concern for the orderly planning and
development of a neighborhood should be encouraged and fostered in those persons who
comprise the business, residential, public and quasi-public segments of that neighborhood, and
that the regulations hereinafter set forth in this chapter restricting the location of such uses with
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reference to public, quasi-public or residentially zoned, general planned or used property are
reasonably necessary and will tend to prevent said deleterious effects.
(Ord. 1601, Exh. A (part), 1992)
19.128.020 Application of Regulations.
The provisions of this chapter shall apply to all uses defined in Section 19.128.030 below or
other uses which in the opinion of the City Council are of the same general character as the uses
listed in that section. No building or structure shall be hereafter erected, structurally altered or
enlarged within a zoning district in the City of Cupertino, otherwise than in conformance with
the provisions of this chapter. The regulations set forth in this chapter are intended to be in
addition to any of the above-specified uses, and, unless otherwise specifically provided, shall not
be deemed to repeal or amend any other provision or provisions of the Cupertino Municipal
Code or Zoning Ordinance which are applicable to the above-mentioned uses or activities, nor be
deemed to excuse noncompliance with any such other provisions.
(Ord. 1601, Exh. A (part), 1992)
19.128.030 Regulations Related to the Concentration of Adult-oriented Commercial
Activities and Findings.
A. Notwithstanding anything elsewhere in this code to the contrary, no lot or parcel of any
property in any zoning district or any building or structure thereon or any portion thereof, shall
be used for an adult bookstore, adult motion picture theater, adult cabaret, public dancehall or
massage parlor at a location closer than one thousand feet to any other such use situated within
or outside the City or closer than one thousand feet to any hotel, motel or lodginghouse situated
within or outside the City, unless a conditional use permit shall have been applied for and issued
for such use at such location, pursuant to and in accordance with the provisions of Chapter
19.156, Development Permits, Conditional Use Permits and Variances.
B. In addition to the findings required to be made by the City Council in issuing a conditional
use permit pursuant to the provisions of Chapter 19.156, Development Permits, Conditional Use
Permits and Variances, the City Council may issue a conditional use permit required by the
provisions of this section subject to such conditions as it may impose only if it shall make the
following findings. That the proposed use:
1. Will not be contrary to the public interest or unreasonably injurious to the use of nearby
properties;
2. Will conform to the spirit and intent of this chapter;
3. Will not enlarge or encourage the development of a “skid row” area;
4. Will not be contrary to any program of neighborhood conservation;
5. Will not interfere with any program of urban renewal or redevelopment; and
6. Will be in compliance with all applicable regulations.
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(Ord. 1784, (part), 1998; Ord. 1637, (part), 1993; Ord. 1601, Exh. A (part), 1992)
19.128.040 Regulations Related to the Proximity of Adult-Oriented Commercial Activities
to Residential, Public or Quasi-public Uses and Findings.
A. Notwithstanding anything elsewhere in this code to the contrary, no lot or parcel of any
property in any zoning district or any building or structure thereon or any portion thereof, shall
be used for an adult bookstore, adult motion picture theater, adult cabaret, public dancehall, or
massage parlor at a location closer than one thousand feet to any real property zoned, general
planned or used for public, quasi-public or residential purposes, whether the parcel of property is
situated within or outside the City, unless a conditional use permit shall have been applied for
and issued for such use at such location, pursuant to and in accordance with the provisions of
Chapter 19.156, Development Permits, Conditional Use Permits and Variances.
B. In addition to the findings required to be made by the City Council in issuing a conditional
use permit pursuant to the provisions of Chapter 19.156, Development Permits, Conditional Use
Permits and Variances, the City Council may issue a conditional use permit required by the
provisions of this section subject to such conditions as it may impose, only if it shall make the
following findings. That the proposed use:
1. Will not be contrary to the public interest or unreasonably injurious to the use of public,
quasi-public or residentially zoned property situated within one thousand feet of such
proposed use;
2. Will conform to the spirit and intent of this chapter;
3. Will not be contrary to any program of neighborhood conservation;
4. Will not interfere with any program of urban renewal or redevelopment; and
5. Will be in compliance with all applicable regulations.
(Ord. 1784, (part), 1998; Ord. 1637, (part), 1993; Ord. 1601, Exh. A (part), 1992)
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CHAPTER 19.132: CONCURRENT SALE OF ALCOHOLIC BEVERAGES AND
GASOLINE
Section
19.132.010 Purpose.
19.132.020 Applicability of Regulations.
19.132.030 Granting of Use Permit.
19.132.040 Public Hearing.
19.132.050 Use Permit Grant or Denial–Findings.
19.132.060 Restrictions.
19.132.070 Appeals.
19.132.010 Purpose.
The purpose of this chapter is to establish regulations pertaining to those establishments
which concurrently sell motor vehicle fuel and alcoholic beverages, including beer and wine.
(Ord. 1478, § 1 (part), 1988)
19.132.020 Applicability of Regulations.
This chapter applies to any establishment within a General Commercial (CG) zone which,
pursuant to a conditional use permit, sells or proposes to sell, concurrently, alcoholic beverages,
including but not limited to beer and wine, and motor vehicle fuel.
(Ord. 1478, § 1 (part), 1988)
19.132.030 Granting of Use Permit.
An establishment subject to this chapter may be permitted where it, in the opinion of the
Planning Commission, is compatible with existing and planned uses in the particular zone or
neighborhood.
(Ord. 1478, § 1 (part), 1988)
19.132.040 Public Hearing.
A. The Planning Commission, after having received an application for a conditional use permit
by any person proposing a use which is subject to this chapter, shall set a time for the holding of
a public hearing thereon.
B. Any person may address the Planning Commission and present testimony regarding the
particular conditional use permit application.
(Ord. 1478, § 1 (part), 1988)
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19.132.050 Use Permit Grant or Denial–Findings.
Written findings regarding the granting or denial of any conditional use permit subject to this
chapter shall be made by the Planning Commission, and shall be based on substantial evidence in
light of the entire administrative record.
(Ord. 1478, § 1 (part), 1988)
19.132.060 Restrictions.
Notwithstanding any other provisions of law, any establishment subject to this chapter shall
abide by the following restrictions. These standards are the minimum state standards which do
not limit local regulation otherwise permitted under Section 23790.5 of the Business and
Professions Code:
A. No beer or wine shall be displayed within five feet of the cash register or the front door
unless it is in a permanently affixed cooler.
B. No advertisement of alcoholic beverages shall be displayed at motor fuel islands.
C. No sale of alcoholic beverages shall be made from a drive-in window.
D. No display or sale of beer or wine shall be made from an ice tub.
E. No beer or wine advertising shall be located on motor fuel islands and no self-illuminated
advertising for beer or wine shall be located on buildings or windows.
F. Employees on duty between the hours of ten p.m. and two a.m. who sell beer or wine shall be
at least twenty-one years of age.
(Ord. 1731, (part), 1996; Ord. 1478, § 1 (part), 1988)
19.132.070 Appeals.
A. Any person aggrieved by a decision of the Planning Commission under the provisions of this
chapter may appeal the decision in accord with the provisions of Chapter 19.12, Administration.
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CHAPTER 19.136: WIRELESS COMMUNICATIONS FACILITIES
Section
19.136.010 Purpose.
19.136.020 Applicability of Regulations.
19.136.030 Site Locations.
19.136.040 General Site Development Regulations.
19.136.050 Specific Site Development Regulations.
19.136.060 Design and Site Review.
19.136.070 Application Requirements.
19.136.080 Permitting Procedures and Conditions of Approval.
19.136.090 Height Exceptions - Findings.
19.136.100 Appeals
19.136.010 Purpose.
This chapter establishes regulations pertaining to the location, siting, development, design and
permitting of wireless communications facilities for all zones existing in this city in order to:
A. Facilitate the development of a wireless communications infrastructure in the City for
commercial, public and emergency uses, and
B. Protect the health, safety, welfare and aesthetic concerns of the public. (Ord. 2038 (part),
2009; Ord. 1736, (part), 1996; Ord. 1601, Exh. A (part), 1992)
19.136.020 Applicability of Regulations.
This chapter shall apply to all types of aerials and associated facilities used for wireless
communications, that is, the transmitting and/or receiving of voice, data, video images and other
information through the air via signals in the radio and microwave frequency band. This
includes aerials for amateur radio, television, wireless modems, cellular phones, enhanced
specialized mobile radio (ESMR), personal communications services (PCS), paging systems,
satellite communications and other wireless communication technologies utilizing signals in the
radio and microwave frequency band. No wireless communication facility: antennas, masts,
towers and associated equipment shall be hereafter erected, structurally altered or enlarged other
than in conformance with the provisions of this chapter and other applicable provisions of this
title. (Ord. 2038 (part), 2009; Ord. 1736, (part), 1996; Ord. 1601, Exh. A (part), 1992)
19.136.030 Site Locations.
A. Residential and Home Occupation Aerials.
1. Aerials intended for the private use of onsite residents and guests and for home occupation
purposes are allowed on all residentially zoned and used properties.
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B. Commercial, Office, Industrial, Public Utility Aerials.
1. Aerials intended for commercial, office, industrial and public use are prohibited on
residentially zoned and used properties, except the RHS zoning district. Aerials may also be
allowed on common-interest areas of residential or mixed-use planned development zoned
properties subject to homeowner association approval, in accord with the permit requirements of
Section 19.136.080, Permitting Procedures and Conditions of Approval.
2. Such aerials may be allowed in all other zoning districts pursuant to permitting procedures
established under Section 19.136.080, Permitting Procedures and Conditions of Approval.
3. Such aerials are allowed on utility poles and towers, regardless of the zoning district, as long
as the aerial complies with Section 19.136.070(C).
(Ord. 2038 (part), 2009; Ord. 1736, (part), 1996)
19.136.040 General Site Development Regulations.
Provisions in Table 19.136.040 apply to all residential and home occupation, commercial,
office, industrial and public utility aerials.
A. Aerials Aerials shall not exceed a height of 55 feet above finished grade
measured at the mast base, unless otherwise provided in accordance
with Section 19.136.050, Specific Site Development Regulations.
B. Antenna 1. An antenna consisting of a single vertical element not more than
four inches in diameter in lieu of a horizontal arrangement shall be
exempt from the height restriction.
2. Antennas and/or guy wires shall not overlap adjoining properties
and shall not encroach upon an easement without the written
consent of the owner of the easement which shall be attached to
the application for a building permit.
C. Masts and Towers 1. Wood towers shall not be erected.
2. The number of towers, and detached masts exceeding eight inches
in diameter at the base and thirty feet in height above ground level,
shall be limited as follows:
Lot Size Maximum Number of Towers and
Detached Masts
b. < 30,000 square feet One.
c. ≥ 30,000 square feet Two.
Additional towers, and detached
masts, above two, not meeting the
criteria stated in Section
19.136.040(C)(2) require permits in
accord with Section 19.136.080,
Permitting Procedures and Conditions
of Approval.
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19.136.050 Specific Site Development Regulations.
Table 19.136.050 sets forth the rules and regulations for the development of personal wireless
communication facilities.
Table 19.136.050 – Specific Site Development Regulations.
A. Minimum Setbacks and Height Limits
1. Residential and Home Occupation Aerials
a. Aerials with panel or dish
antennas of more than ten
square feet
Shall comply with the setbacks and height limits for
accessory structures.
b. Masts and towers Shall be located at least ten feet to the rear of the front
building setback line and shall be set back at least six
feet from any property line.
2. Commercial, Office, Industrial, Public Utility Aerials
a. Aerials mounted on
buildings that exceed
aerial height limits in
Section 19.136.040,
General Site Development
Regulations
May extend six feet above the building parapet wall.
An additional one foot of height is allowed for every
ten feet that the aerial is setback from the parapet, to a
maximum height of ten feet above the building
parapet, before a height exception is required
b. Free-standing or Building Mounted Aerials
Location Non-residentially zoned
property
Residentially zoned
property Type of
Aerial
Detached Masts and
Towers, except for utility
poles and towers used as
aerials
75 feet horizontally from
residentially zoned property
or a distance equal to one
foot for every one foot of
structure height, whichever
is greater
75 feet horizontally from
residentially zoned property
or a distance equal to one
foot for every one foot of
structure height, whichever
is greater
Building Mounted Aerials 75 feet horizontally from
any residentially zoned
property
75 feet horizontally from
any residentially zoned
property
c. Base Equipment Stations Shall comply with Chapter 19.100, Accessory
Buildings/Structures and Chapter 10.48, Community
Noise Control
19.136.060 Design and Site Review.
For aerials requiring discretionary review, the primary review objectives are to ensure the
goals of Section 19.136.010, Purpose, are met and to blend the design of the aerial into the
surrounding environment, or site the aerial in such a manner to minimize the visual intrusiveness
of the structure or artistically enhance the appearance of the aerial. This review may include, but
not be limited to, the following criteria:
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A. Gaps in coverage that would create emergency communication problems;
B. Viability of alternative locations, such as commercial, industrial, office, and public building
sites.
C. Method of antenna-mounting, that is, wall-mounting, roof-mounting or a freestanding
structure.
D. Colors, materials and textures to integrate the aerial into the surrounding environment or
building;
E. Landscaping to screen the aerial;
F. Proximity and visibility of the aerial to residential properties and public rights-of-way;
G. Dispersal of aerial locations to avoid visual clutter;
H. Concentration of aerial locations to avoid visual clutter;
I. Opportunities for collocation of aerials on existing masts and towers where visual intrusiveness
is reduced;
J. Design of the building or enclosure, which houses the related base equipment and its
compatibility with the adjoining building architecture;
K. Opportunities to develop context-appropriate, artistically enhanced aerial designs;
L. Screening of highly visible rooftop-mounted aerials; and
M. Balancing of aesthetic concerns with the need to provide a functional communications
system. (Ord. 2038 (part), 2009; Ord. 1736, (part), 1996)
19.136.070 Application Requirements.
In addition to the standard application requirements in Chapter 19.12, Administration, the
applicant may be required to provide the following additional materials:
A. If more than one aerial is planned in the City within a year by a single communication service
provider, a master plan shall be prepared of all facilities that can be reasonably foreseen,
showing the proposed aerial sites and existing commercial, office, industrial and public utility
aerial locations within a one mile radius of the proposed sites. The purpose of this requirement is
to identify opportunities for clustering, dispersal and collocation of aerials to reduce visual
intrusiveness;
B. Erection of a mock aerial, computer simulation or sight-line elevations for all aerials to help
assess the visual effects;
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C. Documentation that the technology and usage of that technology meets Federal
Communications Commission adopted safety standards.
(Ord. 2038 (part), 2009; Ord. 1736, (part), 1996)
19.136.080 Permitting Procedures and Conditions of Approval.
Table 19.136.080 sets forth the permitting requirements for detached and building mounted
aerials. All permits shall be processed in accord with the requirements of Chapter 19.12,
Administration.
Table 19.136.080: Permitting Procedures and Conditions of Approval
Type of Aerial Permit Required
A. In all zoning districts
1. Aerials that exceed
maximum height limits
Height Exception, except as otherwise provided in
Section 19.136.050, Specific Site Development
Regulations
2. Masts and Towers identified
in 19.136.040 (C)(2)(b)
Development Permit approved by Planning Commission
B. In zoning districts that require design review, aerials that are:
1. Minimally visible to
residential properties and
public rights-of-way
Administrative Approval
2. Building mounted, and
moderately visible to
residential properties and
public rights-of-way
The Director of Community Development, in his or her
discretion, may refer an application to the Planning
Commission for review and approval
3. Detached and are
moderately to highly visible
to residential properties and
public rights-of-way
Development Permit approved by Planning Commission
4. Aerials located in the
common-interest areas of
residential or mixed-use
planned development zones
Use Permit approved Planning Commission
C. Conditions of Approval
1. Collocation All commercial, office, industrial, and public utility aerial
mast and tower approvals shall be conditioned to allow
the collocation of aerials and related facilities of other
commercial, office, industrial, and public utility users
where appropriate and feasible.
2. Abandonment All City approvals for new aerials and modifications of
existing aerial approvals shall be conditioned to require
the removal of the aerial, its associated facilities and
restoration of the land to its former condition if the aerial
is not used for its permitted purpose for a period of
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eighteen months. The property owner or applicant shall
bear the entire cost of demolition and land restoration.
D. Technology, Information and
Communications Commission
The Approval Body, in its review, shall seek the
technical consultation of the designated member or
members of the Technology, Information and
Communications Commission.
(Ord. 2038 (part), 2009; Ord. 1736, (part), 1996)
19.136.090 Height Exception - Findings.
The Approval Body may grant the height exception based upon all of the following findings:
1. That the literal enforcement of the provisions of this chapter will result in restrictions
inconsistent with the spirit and intent of this chapter;
2. That granting of an exception will not result in a condition that will be detrimental or
injurious to property or improvements in the vicinity and will not be materially detrimental to the
public health, safety or welfare;
3. That the exception to be granted will not result in a hazardous condition for pedestrian
and vehicular traffic.
19.136.100 Appeals.
The Approval Body’s decision on the exception request may be appealed in accord with the
requirements of Chapter 19.12, Administration.
(Ord. 2038 (part), 2009; Ord. 1736, (part), 1996)
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CHAPTER 19.140: NONCONFORMING USES AND NONCONFORMING FACILITIES
Section
19.140.010 General Application.
19.140.020 Nonconforming Uses–Expansion.
19.140.030 Nonconforming Uses–Change.
19.140.040 Nonconforming Uses–Maintenance and Repair of Facility.
19.140.050 Nonconforming Uses–Replacement of Facility.
19.140.060 Noncomplying Facility–Enlargement.
19.140.070 Noncomplying Facility–Maintenance and Repairs.
19.140.080 Noncomplying Facilities–Replacement.
19.140.090 Determination of Value.
19.140.100 Record of Nonconforming Uses and Noncomplying Facilities.
19.140.110 Proceedings and Findings.
19.140.120 Appeal.
19.140.010 General Application.
A. Nonconforming Uses.
1. Any nonconforming use, as defined in Section 19.08.030, Definitions, of this title, may
be continued indefinitely, but if such use is discontinued or abandoned for a period of six months
or more, it shall thereafter conform to the provisions of this title.
2. Any nonconforming use may be changed, altered, or maintained only as provided in this
chapter or as otherwise provided by law.
B. Noncomplying Facilities.
1. Any noncomplying facility, as defined in Section 19.08.030, Definitions, may be
maintained indefinitely subject, however, to the requirements of Title 16 relating to unsafe,
dilapidated and abandoned buildings, facilities containing toxic materials, unreinforced masonry
buildings, and other provisions of that title which are intended to protect the health and safety of
the public. Notwithstanding the above, a noncomplying facility may not be maintained as either
a public or private nuisance.
2. Any noncomplying facility may be enlarged, maintained, or replaced only as provided in
this chapter or as otherwise provided by law.
(Ord. 1601, Exh. A (part), 1992)
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19.140.020 Nonconforming Uses–Expansion.
A. A nonconforming use may not be expanded in such a way as to increase the site area, or gross
floor area occupied by such use on a site, nor may a nonconforming use increase the number of
structures or the size or height of any structure housing such use. A nonconforming use which
occupies a portion of a building may not be expanded to include additional floor area.
(Ord. 1601, Exh. A (part), 1992)
19.140.030 Nonconforming Uses–Change.
A. Except as provided in subsection B of this section, a nonconforming use shall not be changed
to any use except to a conforming use.
B. A nonconforming use may be changed to any other nonconforming use which would have
been permitted under the most recent zoning classification of the property under which the
existing nonconforming use was a conforming use subject to the following limitations:
1. The change shall not increase the site area or gross floor area occupied by the existing
nonconforming use nor increase number of structures or the size or height of any structure
housing such use;
2. Any period of temporary vacancy or discontinuance associated with such change shall
not exceed six months;
3. Such change shall be permitted only if the Director determines that the building, or portion
thereof, presently occupied by the nonconforming use is not readily usable as a conforming use.
In making this determination, the Director may take into account the time factors described in
Section 19.140.010 (A)(1);
4. Such change shall not create, cause, or significantly increase adverse privacy, noise, parking,
traffic, or similar impacts with respect to other uses or neighboring properties.
C. A nonconforming use which is changed to a conforming use, shall not be reestablished, and
any portion of a site or any portion of a building, the use of which changes from a
nonconforming to a conforming use, shall not thereafter be used except to accommodate a
conforming use.
(Ord. 1601, Exh. A (part), 1992)
19.140.040 Nonconforming Uses–Maintenance and Repair of Facility.
Facilities occupied or used by a nonconforming use shall be subject to the following
provisions governing maintenance and repairs:
A. Normal and routine maintenance of any structure for the purpose of preserving its existing
condition, retarding or eliminating wear and tear or physical depreciation or for the purpose of
complying with the requirements of law, shall be permitted;
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B. Incidental alterations shall be permitted, provided that the value of the alterations in any one-
year period do not exceed ten percent of the value of the structure prior to such alterations;
C. Alterations of the facility which exceed ten percent of the value as described above shall only
be permitted to accommodate a conforming use, or when made as a requirement of law.
(Ord. 1601, Exh. A (part), 1992)
19.140.050 Nonconforming Uses–Replacement of Facility.
A facility used wholly or partly by one or more nonconforming uses, which is damaged or
destroyed by any except by intentional acts of the owner and/or tenant of the property may be
reconstructed for continued occupancy by said nonconforming use or uses provided that:
A. The site area, the gross floor area, the number, size or height of the facilities occupied by the
nonconforming use, or the intensity of activity, shall not exceed that existing prior to
reconstruction;
B. The reconstruction shall be subject to all applicable laws, regulations, codes and procedures
otherwise governing construction on the site.
(Ord. 1601, Exh. A (part), 1992)
19.140.060 Noncomplying Facility–Enlargement.
Except as specifically permitted by other provisions of this title, no enlargement, expansion or
other addition or improvement to a noncomplying facility shall be permitted which increases the
noncompliance. This section shall not be construed to prohibit enlargement or improvement of a
facility, otherwise permitted by this title, which does not affect the particular degree or manner in
which the facility fails to comply with one or more provisions of this title.
(Ord. 1601, Exh. A (part), 1992)
19.140.070 Noncomplying Facility–Maintenance and Repairs.
A. Normal and routine maintenance of a noncomplying facility shall be permitted for the purpose
of preserving its existing conditions, retarding or eliminating wear and tear or physical
depreciation, or for the purpose of complying with the requirements of law.
B. Incidental alterations to a noncomplying facility shall be permitted, provided such alterations
do not increase the degree of noncompliance, or otherwise increase the discrepancy between
existing conditions and the requirements of this title.
C. Structural alterations to a noncomplying facility shall be permitted when necessary to comply
with the requirements of law, or to accommodate a conforming use when such alterations do not
increase the degree of noncompliance, or otherwise increase the discrepancy between existing
conditions and the requirement of this title.
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(Ord. 1601, Exh. A (part), 1992)
19.140.080 Noncomplying Facilities–Replacement.
A. Notwithstanding any contrary provision of this chapter, any facility which houses a
conforming use in any residential or agricultural zone in the City, which is damaged or destroyed
by any means other than the willful action of the owner or tenant, may be replaced as it existed
prior to such damage or destruction even if the facility is nonconforming with regard to
minimum lot area, lot coverage, setbacks, parking or other prescriptive zoning requirements.
B. Except as provided in Section 19.140.080(A), a noncomplying facility which is damaged or
destroyed by any means, may only be reconstructed as a complying facility except under one, or
more, of the following circumstances:
1. When the damage or destruction of a noncomplying facility affects only a portion of a
facility, which portion does not constitute or contribute to the noncompliance, the portion may be
repaired or reconstructed to its previous configuration;
2. When the damage or destruction of a noncomplying facility affects only a portion of such
facility, which portion constituted or contributed to the noncompliance, any replacement to such
damage shall be accomplished in such a manner as not to reinstill the noncompliance caused by
the damaged portion of the facility, and otherwise in full compliance with law; provided,
however, that in the event that the cost to replace that portion of the damaged facility to its
previous configuration does not exceed ten percent of the value of the entire facility prior to the
damage, then that portion may be replaced or reconstructed to its previous condition;
3. When the damage or destruction of a noncomplying facility is noncomplying solely by
reason of failure to comply with regulations for floor area ratio and/or site coverage, and such
noncompliance does not exceed the maximum floor area ratio by more than a factor of ten
percent and the maximum site coverage by more than ten percent, and affects only a portion of
the facility, then that portion may be replaced or reconstructed to its previous condition.
(Ord. 1601, Exh. A (part), 1992)
19.140.090 Determination of Value.
Value, as used in this chapter with respect to value of a facility, or to the value of
improvements on a site, or to the value of reconstruction or replacement, means the current cost
of construction, or the current cost of replacement in kind of existing facilities or improvements,
excluding consideration of the value of land. Estimates or determinations of such cost for
purposes of this chapter shall be made by or shall be reviewed and approved by the Chief
Building Official.
(Ord. 1601, Exh. A (part), 1992)
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19.140.100 Record of Nonconforming Uses and Noncomplying Facilities.
The Director of Community Development shall maintain a list of all nonconforming uses and
all noncomplying buildings of which he or she has knowledge which exist within the City except
those properties in a multifamily residential zoning district. The list shall state the nature of the
nonconformity or noncompliance and date discovered by the City.
(Ord. 1601, Exh. A (part), 1992)
19.140.0110 Proceedings and Findings.
A. Failure to comply with any of the requirements of this chapter shall render an otherwise valid,
nonconforming use unlawful. Proceedings to determine the status of such nonconforming use
shall be held at the request of the Director of Community Development, before the Planning
Commission under the same procedures as described in Chapter 19.12, Administration, of this
title.
B. The Planning Commission may declare a nonconforming use unlawful if it finds that one or
more of the following grounds exist:
1. That the nonconforming use is being or has been exercised contrary to the terms or
conditions of the original approval; or
2. That the nonconforming use is so exercised as to be detrimental to the public health or
safety, or to be a nuisance; or
3. That a person has modified a nonconforming use in violation of any of the provisions of
this chapter.
(Ord. 1601, Exh. A (part), 1992)
19.140.120 Appeal.
All determinations and decisions of the Planning Commission or the Director of Community
Development under this chapter may be appealed in accord with the provisions in Chapter 19.12,
Administration.
(Ord. 1601, Exh. A (part), 1992)
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CHAPTER 19.144: DEVELOPMENT AGREEMENTS
Section
19.144.010 Findings and Declaration of Intent.
19.144.020 Purpose of Development Agreement.
19.144.030 Authority for Adoption.
19.144.040 Application Requirements.
19.144.050 Qualification as an Applicant.
19.144.060 Proposed Form of Development Agreement.
19.144.070 Contents of a Development Agreement.
19.144.080 Consistency with General and Specific Plans.
19.144.090 Public Hearing and Ordinance Required.
19.144.110 Findings.
19.144.120 Irregularity in Proceeding.
19.144.140 Time for and Initiation of Review.
19.144.150 Finding of Compliance–Appeal.
19.144.160 Finding of Noncompliance–Appeal.
19.144.170 Appeal of Determination.
19.144.190 Cancellation or Modification by Mutual Consent.
19.144.200 Cancellation by the City.
19.144.210 Rights of the Parties after Cancellation or Termination.
19.144.220 Rules Affecting Development Agreement.
19.144.230 Separate Procedure.
19.144.240 Effect of Development Agreement.
19.144.250 Construction.
19.144.260 Execution and Recordation of Development Agreement, Amendment or
Cancellation.
19.144.270 Judicial Review–Time Limitation.
19.144.010 Findings and Declaration of Intent.
A. The California Legislature in Section 65864 of the Government Code has found that the lack
of certainty in the approval of development projects can result in a waste of resources, escalate
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the cost of housing and other development to the consumer, and discourage investment in and
commitment to comprehensive planning which would make maximum efficient utilization of
resources at the least economic cost to the public. The City Council finds and determines that
under appropriate circumstances, development agreements will strengthen the public planning
process, encourage private participation in comprehensive planning by providing a greater
degree of certainty in that process, reduce the economic costs of development, allow for the
orderly planning of public improvements and services and the allocation of costs therefor in
order to achieve the maximum utilization of public and private resources in the development
process, and assure, to the extent feasible, that appropriate measures to enhance and protect the
environment of the City are achieved. . The City Council further finds that the lack of public
facilities, including, but not limited to, streets, sewerage, transportation, drinking water, school,
and utility facilities, is a serious impediment to the development of new housing.
B. The City Council further finds and determines that the public safety, health, convenience,
comfort, prosperity and general welfare will be furthered by the adoption of this chapter in order
to provide a mechanism for the enactment of development agreements to accomplish the
foregoing purposes and aims and the realization of the benefits.
(Ord. 1256, (part), 1984)
19.144.020 Purpose of Development Agreement.
Development agreements enacted pursuant to this chapter are to ensure to the applicant for a
development project that upon approval of the project, the applicant may proceed with the
project in accordance with existing policies, rules and regulations, and subject to specified
conditions of approval, in order to implement the intent of the City Council in enacting this title.
Development agreements will also ensure that all conditions of approval, including the
construction of off-site improvements made necessary by such land developments, will proceed
in an orderly and economical fashion to the benefit of the City.
(Ord. 1256, (part), 1984)
19.144.030 Authority for Adoption.
This chapter is adopted under the authority of Government Code Sections 65864 through
65869.5.
(Ord. 1256, (part), 1984)
19.144.040 Application Requirements.
An application for a development agreement shall include, in addition to the requirements of
Chapter 19.12, Administration, a development agreement proposal as described in 19.144.060,
Proposed Form of Development Agreement.
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19.144.050 Qualification as an Applicant.
A. Only a qualified applicant may file an application to enter into a development agreement. The
Director of Community Developmentshall require an applicant to submit proof of his or her
interest in the real property and of the authority of the agent to act for the applicant. This proof
may include a title report, policy or guarantee, issued by a title company licensed to do business
in the State evidencing the requisite interest of the applicant in the real property. B. Other
Parties. In addition to the City and developer, any federal, State or local governmental agency or
body may be included as a party to any development agreement. Any additional party shall be
made a party to the development agreement pursuant to the provisions of the Joint Exercise of
Powers Act (Government Code Section 6500, et seq.) providing for joint powers agreements, or
provisions of other applicable federal, State or local law, in order to create a legally binding
agreement between such parties.
(Ord. 1256, (part), 1984)
19.144.060 Proposed Form of Development Agreement.
Each application shall be accompanied by the form of development agreement proposed by
the City. This requirement may be met by designating the City’s then standard form of
development agreement as prepared by the City Attorney and including specific proposals for
changes in or additions to the language of the standard form. The City’s Proposed Form of
Development Agreement shall include the following:
A. The parties to the development agreement;
B. The nature of the applicant’s legal or equitable interest in the real property constituting such
applicant as a qualified applicant under this chapter;
C. A description of the development project sufficient to permit the development agreement to
be reviewed under the applicable criteria of this chapter. Such description may include, but is
not limited to, references to site and building plans, elevations, relationships to adjacent
properties and operational data. Where appropriate, such description may distinguish between
elements of the development project which are proposed to be fixed under the development
agreement, those which may vary and the standards and criteria pursuant to which the same may
be reviewed;
D. An identification of the approvals and permits for the development project enacted to the date
of or contemplated by the development agreement;
E. The duration of the development agreement;
F. The permitted uses of the property;
G. The maximum height and size of the proposed buildings, and provisions for dedications of
land for public purposes;
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H. A program and criteria for periodic review under this chapter;
I. Appropriate provisions guaranteeing or securing performance of the development agreement
on the part of the developer;
J. Specific standards for periodic review of a development agreement;
K. Specific standards to insure compliance by the parties to a development agreement;
I. The Development Agreement may provide that construction shall be commenced within a
specified time and that the project or any phase shall be commenced within a specified time and
that the project and any phase be completed within a specified time.
J. Information required in accord with Section 19.140.070, Content of a Development
Agreement;
K. Any other relevant information which may be deemed necessary by the Director of
Community Development pursuant to this chapter.
(Ord. 1256, (part), 1984)
(Ord. 1256, (part), 1984)
19.144.070 Contents of a Development Agreement.
A. A development agreement shall specify its duration, the permitted uses of the property , the
density and/or intensity of use, the maximum height and size of proposed buildings, and
provisions for reservation or dedication of land for public purposes.
B. A development agreement shall attach and incorporate by reference all conditions of approval
imposed by the City with respect to the development project.
C. All development agreements shall contain an indemnity and insurance clause in form and
substance acceptable to the City Attorney, requiring the developer to indemnify the City against
claims arising out of the development process and limiting the developer’s sole remedy to
specific performance and thereby eliminating any potential damages to be paid by the City under
the development agreement; provided, that, these provisions do not violate applicable law or
constitute a joint venture, partnership or other participation in business affairs of developer by
the City.
D. All development agreements, or any part of development agreements, may be subject to
subsequent condemnation proceedings by the City.
(Ord. 1256, (part), 1984)
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19.144.080 Consistency with General and Specific Plans.
Before the City Council may approve the development agreement, it must find that its
provisions are consistent with the General Plan and any applicable specific plans of the City. If
the City Council approves the development agreement in the form recommended by the Planning
Commission, without further findings, then it shall be deemed to have also adopted the findings
of the Planning Commission.
19.144.090 Public Hearing and Ordinance Required.
A development agreement is a legislative act and shall be enacted by ordinance only after a
public hearing before the City Council. The ordinance shall refer to and incorporate by reference
the text of the development agreement.
19.144.110 Findings.
A Development Agreement shall be enacted by ordinance by the City Council upon making
the following findings:
A. Is consistent with the objectives, policies, general land uses and programs specified in the
General plan and any applicable specific plan;
B. Is compatible with the uses authorized in, and the regulations prescribed for, the land use
district in which the real property is or will be located;
C. Is in conformity with and will promote public convenience, general welfare and good land use
practice;
D. Will not be detrimental to the health, safety and general welfare;
E. Will not adversely affect the orderly development of property or the preservation of property
values; and
F. Will promote and encourage the development of the proposed project by providing a greater
degree of requisite certainty.
(Ord. 1256, (part), 1984)
19.144.120 Irregularity in Proceeding.
Formal rules of evidence or procedure which must be followed in a court of law shall not be
applied in the consideration of a proposed development agreement under this chapter and the
provisions of Chapter 19.12, Administration, shall provide the procedure for such consideration.
No action, inaction or recommendation regarding the proposed development agreement shall be
held void or invalid or be set aside by a court on the ground of the improper admission or
rejection of evidence or by reason of any error, irregularity, informality, neglect or omission
(“error”) as to any matter pertaining to the application, notice, finding, record, hearing, report,
recommendation, or any matters of procedure whatever unless after an examination of the entire
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case, including the evidence, the court finds that the error complained of was prejudicial and that
by reason of the error the complaining party sustained and suffered substantial injury, and that a
different result would have been probable if the error has not occurred or existed. There is no
presumption that error is prejudicial or that injury resulted if error is shown.
(Ord. 1256, (part), 1984)
19.144.140 Time for and Initiation of Review.
The Director of Community Development shall review the development agreement annually
in order to ascertain the good faith compliance by the developer with its terms. The Developer
shall submit documentation as required by the Director of Community Development to
demonstrate good faith compliance by the developer of the terms of the development agreement.
The time for review may be modified by the City Council at any time upon reasonable notice to
the developer, and the development agreement may prescribe a procedure and standards and
different times for review of compliance with its terms; provided, however, that a development
agreement shall in any event be reviewed for compliance at least once every twelve months.
(Ord. 1256, (part), 1984)
19.144.150 Finding of Compliance–Appeal.
If the Director of Community Development finds good faith compliance by the developer
with the terms of the development agreement, he or she may issue a certificate of compliance,
which shall be in recordable form and may be recorded by the developer in the official records.
The issuance of a certificate of compliance by the Planning Director and the expiration of the
appeal period hereinafter specified without appeal, or the confirmation by the City Council of the
issuance of the certificate on such appeal, shall conclude the review for the applicable period and
such determination shall be final.
(Ord. 1256, (part), 1984)
19.144.160 Finding of Noncompliance–Appeal.
If the Planning Director, on basis of substantial evidence, finds the developer has not
complied in good faith with the terms of the development agreement, he or she may specify in
writing to the developer the respects, in which developer has failed to comply. The Director of
Community Development shall also specify a reasonable time for the developer to meet the
terms of compliance. If such areas of noncompliance are not perfected within the reasonable
time limits as prescribed, the development agreement shall be subject to modification or
cancellation by the City Council.
(Ord. 1256, (part), 1984)
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19.144.170 Appeal of Determination.
Any interested person may file an appeal of the issuance of a certificate of compliance to the
City Council within ten days after the certificate’s issuance. The developer may also file an
appeal to the City Council of the finding of the Director of Community Development of
noncompliance within ten days after the giving of notice of such determination. All appeals
before the City Council shall be conducted pursuant to a noticed hearing in the same manner as
any other appeal before the City Council, at which evidence shall be taken and findings made.
(Ord. 1256, (part), 1984)
19.144.190 Cancellation or Modification by Mutual Consent.
Any development agreement may be canceled or amended by mutual consent of the parties,
but only in the manner provided in California Government Code Section 65868. Any proposal to
cancel or amend a development agreement shall be heard and determined in accordance with the
same procedures specified by this chapter for approval of a development agreement.
(Ord. 1256, (part), 1984)
19.144.200 Cancellation by the City.
A. The City Council shall conduct a noticed hearing on the recommendations of the Director of
Community Development at which the developer and any other interested person shall be
entitled to submit evidence and testimony as may be germane to the issue of the developer’s
good faith compliance with the terms of the development agreement. If the City Council finds,
based on substantial evidence, noncompliance with the terms and conditions of the development
agreement, it may either cancel the development agreement upon giving sixty days’ notice to the
developer, or in its discretion, may allow the development agreement to be continued by
imposition of new terms and conditions intended to remedy noncompliance. The City Council
may impose conditions to the action it takes as it considers necessary to protect the interests of
the City. The decision of the City Council shall be final.
C. Any cancellation or imposition of new terms and conditions pursuant to this section shall be
noticed in accordance with the procedures specified in Chapter 19.12, Administration of this
code.
(Ord. 1256, (part), 1984)
19.144.210 Rights of the Parties after Cancellation or Termination.
In the event that a development agreement should be canceled, or otherwise terminated,
unless otherwise agreed, all rights of the developer, property owner or successors in interest
under the development agreement shall terminate. Any and all benefits, including money or
land, received by the City shall be retained by the City. Notwithstanding the above provision,
any termination of the development agreement shall not prevent the developer from completing
and occupying a building or other improvements authorized pursuant to a valid building permit
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previously approved by the City or under construction at the time of termination, but the City
may take any action permitted by law to prevent, stop, or correct any violation of law occurring
during and after construction, and the developer or any tenant shall not occupy any portion of the
project or any building not authorized by a previously issued building permit. As used herein,
“construction” means work under a valid building permit, and “completing” means completion
for beneficial occupancy for developer's use, or if a portion of the project is intended for use by a
lessee or tenant, then for such portion “completion” means completion except for interior
improvements such as partitions, duct and electrical runouts, floor coverings, wall coverings,
lighting, furniture, trade fixtures, finished ceilings, and other improvements typically constructed
by or for tenants of similar buildings. All such uses shall, to the extent applicable, be deemed
nonconforming uses and shall be subject to the nonconforming use provisions of the planning
code.
(Ord. 1256, (part), 1984)
19.144.220 Rules Affecting Development Agreement.
All development agreements shall be subject to the regulation and requirements of the laws of
the State, the Constitution of the United States and any codes, statutes or executive mandates and
any court decisions, State or federal. In the event that any such law, code, statute, mandate or
decision made or enacted after a development agreement has been entered into prevents or
precludes compliance with one or more provisions of the development agreement, then such
provisions of the development agreement shall be modified or suspended in the manner and
pursuant to the procedures specified in the development agreement, as may be necessary to
comply with such law, code, statute, mandate or decision.
(Ord. 1256, (part), 1984)
19.144.230 Separate Procedure.
All development agreements entail and consist of a separate procedure from other land use
planning procedures and shall not take the place of the zoning ordinances, the General Plan,
planned development permits, development permits, conditional use permits, subdivision
approvals, building permits or any other City planning functions. If so specified in the
development agreement, it shall constitute an approval pursuant to such planning procedures as if
separately enacted under other City planning ordinances. To the extent practicable, public
hearings on a proposed development agreement shall be held concurrently with the public
hearings on all related land use approvals and all such approvals shall be made concurrently with
the approval of the development agreement.
(Ord. 2056, (part), 2010; Ord. 1256, (part), 1984)
19.144.240 Effect of Development Agreement.
When approved, the development agreement and any development control maps and all
notations, references and regulations which are a part of the development agreement shall be part
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of the development agreement ordinance. Development control maps include, but are not limited
to, regulations intended to carry out any plan respecting location or type of activities; height,
bulk, siding or design of structures; location or design of open areas; and landscaping and other
comparable regulations.
(Ord. 1256, (part), 1984)
19.144.250 Construction.
This chapter and any subsequent development agreement shall be read together. With respect
to any development agreement enacted under this chapter, any provision of such a development
agreement which is in conflict with this chapter shall be void. Unless otherwise provided by the
development agreement, the City’s rules, regulations and official policies governing permitted
uses of the land, governing density and governing design, improvement and construction
standards and specifications applicable to development of the property subject to a development
agreement shall be those City rules, regulations and official policies in force at the time of the
approval of the development agreement by the City Council; provided, however, that the
developer is subject to all increases in City imposed fees and charges with respect to subsequent
applications for development and construction within the property subject to a development
agreement.
(Ord. 1256, (part), 1984)
19.144.260 Execution and Recordation of Development Agreement, Amendment or
Cancellation.
A. Within ten days after the ordinance approving the development agreement takes effect, the
City Council shall execute the development agreement, and the City Council Clerk shall have the
development agreement recorded with the County Recorder.
B. If the parties to the development agreement or their successors in interest amend or cancel the
development agreement as provided in Government Code Section 65868, and this chapter, or if
the City Council terminates or modifies the development agreement as provided in Government
Code Section 65865.1 and this chapter for failure of the developer to comply in good faith with
the terms or conditions of the development agreement, the City Council Clerk shall, after such
action takes effect, have notice of such action recorded with the County Recorder.
(Ord. 1256, (part), 1984)
19.144.270 Judicial Review–Time Limitation.
Any action or proceeding to attack, review, set, set aside, void or annul, any decision of the
City pursuant to this chapter shall not be maintained by any person unless the action or
proceeding is commenced within ninety days after the date of decision as provided in Section
1094.6 of the Code of Civil Procedure, State of California. (Ord. 1256, (part), 1984)
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CHAPTER 19.148: REQUIRED ARTWORK IN PUBLIC AND PRIVATE
DEVELOPMENTS
Section
19.48.010 Purpose and Intent.
19.148.020 Applicability of Regulations.
19.148.030 Permitted Artwork.
19.148.040 Ineligible Artwork.
19.48.050 ApplicationProcedures for Public Artwork.
19.148.060 Design Criteria and Artist Qualifications.
19.148.070 Minimum Artwork Value.
19.148.080 Maintenance Requirements.
19.148.090 In Lieu Fee for Artwork is Discouraged.
19.48.010 Purpose and Intent.
The purpose of this ordinance is to provide a review framework for public art in both public
and private developments in the City of Cupertino, commensurate with the following specific
goals, as described in the Cupertino General Plan:
A. Enhance community character and identity;
B. Provide attractive public arts to residents and visitors alike;
C. Stimulate opportunities for the arts through cooperative relations between local business and
the City.
(Ord. 2037 (part), 2009)
19.148.020 Applicability of Regulations.
A. Any development of 50,000 sq. ft. or larger involving construction of new buildings and/or
the expansion of existing buildings shall be subject to the requirements of this chapter.
B. Additional artwork not mentioned in this chapter by means of specific plan, permits or other
discretionary review may be required when deemed appropriate by the City Council.
(Ord. 2056 (part), 2010; Ord. 2037 (part), 2009)
19.148.030 Permitted Artwork.
Types of art that may be used to satisfy the requirements of this chapter include, but are not
limited to, the following:
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A. Sculpture: in-the-round, bas-relief, mobile, fountain, kinetic, electronic, or other, in any
material or combination of materials;
B. Painting: all media, including portable and permanently affixed works, such as murals;
C. Graphic arts: printmaking, drawing, calligraphy and photography, but only when on a large
public scale;
D. Mosaics;
E. Functional artwork created by a professional artist, such as benches, tree grates or trash
receptacles;
F. Any other form of work of art determined by the Fine Arts Commission to satisfy the intent of
this chapter.
(Ord. 2037 (part), 2009)
19.148.040 Ineligible Artwork.
The following shall not be considered eligible to satisfy the requirements of this chapter:
A. Reproductions of original works of art, whether by mechanical or other means. However,
permitted artwork may include limited editions, controlled by the artist, of original prints, cast
sculpture, photographs, or other art forms;
B. Directional or other functional elements such as supergraphics, signing, or color coding,
except where those elements are integral parts of original signed artworks;
C. Art objects which are mass-produced from a standard design, such as playground equipment,
fountains, flags or banners;
D. Landscaping and garden features, except where these elements are designed by the artist and
are an integral part of a fine artwork.
(Ord. 2037 (part), 2009)
19.148.050 Application Procedures for Public Artwork.
A. An application for public artwork shall include all requirements of Chapter 19.12,
Administration.
C. Application for public art for a new development shall be made in conjunction with the
review of the permits for the entire project, in order that the design and location be taken into
consideration at the time of architectural and site planning, as outlined in Chapter 19.168 of the
Cupertino Municipal Code.
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D. The Fine Arts Commission shall review for approval the public art application and artwork.
The decision of the Fine Arts Commission may be appealed in accordance with Section 1.16.020
of the Cupertino Municipal code, or as amended.
(Ord. 2037 (part), 2009)
19.148.060 Design Criteria and Artist Qualifications.
It is the intent of this chapter to provide for public art on private property without imposing
the artistic preferences of the City on the owner or the developer of the property. Artistic
preferences are to be primarily those of the owner or developer of the property, but the artwork
and its location is subject to approval of the Fine Arts Commission.
A permit required pursuant to Section 19.148.050, Application Procedures for Public
Artwork, shall be granted upon a showing by the applicant that the proposed artwork meets the
following criteria:
A. The artwork is of a nature specified in Section 19.148.030, Permitted Artwork.
B. The artwork requirement is to be satisfied with one significant piece of artwork, except that
the requirement may be met with several works of art when specifically found by the Fine Arts
Commission to fulfill the intent of this chapter. The artwork shall be an integral part of the
landscaping and/or architecture of the buildings.
C. The artwork shall be easily visible from the public street and be located in an area specifically
designated on the project site plan. Appropriate locations include, but are not limited to,
entryways to the property, greenbelts, and building exteriors. The artwork must be in permanent
view to motorists and pedestrians. Artwork located at the entrance to a development should make
a major statement and be visible from the main parking lot, if any. When located in proximity to
major traffic thoroughfares, the artwork should be at a motorist's scale and oriented toward the
view corridor of the motorist.
D. Artwork located along Stevens Creek Boulevard or De Anza Boulevard corridors shall be
large in scale and oriented to the view corridors of the motorist. Appropriate artwork in these
corridors will most likely be sculptural: however, other forms of art may be considered if
consistent with the intent of this chapter. Artwork should have a visual impact upon passengers
in a moving vehicle or pedestrians not less than 100 feet away.
E. The composition of the artwork shall be of permanent materials requiring a low level of
maintenance. Materials used shall be durable and resistant to graffiti and the effects of weather.
F. The nature and style of the artwork shall be considered in the context of other artwork in the
surrounding area in order to encourage a wide range of art styles and materials, and to create a
balanced and interesting aesthetic appearance. The developer is encouraged to give preference to
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artists living or working in the San Francisco Bay area, and to avoid using artists whose work is
already displayed as public art within the City of Cupertino boundaries.
G. Because the artwork will necessarily be highly visible to the public and be associated with
city requirements, expressions of obvious bad taste or profanity shall not be approved.
H. Water and/or electronic sculpture may be permitted if adequate assurance of continued
maintenance is provided.
I. Artwork shall be identified by an appropriate plaque or monument measuring not less than
eight inches by eight inches. The plaque shall be made of a durable, permanent material and shall
be placed near the artwork, and shall list the date of installation, title and artist, and medium.
J. The artwork shall be a permanent, maintained fixed asset of the property, and statements to
this fact shall be attached or recorded to the existing CC&R's or otherwise recorded on the
property deed, to advise subsequent property owners of their obligations to maintain the artwork.
K. The proposed artwork shall meet the criteria for review as set forth in the City of Cupertino
Public Art Program Guidelines for Selection of Public Art, as originally adopted by the City
Council Resolution No. 05-040, or as later amended.
L. The artist's qualifications will be evaluated and examples of past work may be reviewed. The
review, however, shall be primarily for the purpose of determining the artist's experience with
artwork of monumental proportion.
(Ord. 2037 (part), 2009)
19.148.070 Minimum Artwork Value.
The minimum expenditure for the artwork, including but not limited to design, fabrication,
and installation, is one-quarter of one percent (.25%), with an expenditure cap of $100,000.00, or
such minimum expenditure and/or expenditure cap that is set forth in the Cupertino General
Plan.
(Ord. 2037 (part), 2009)
19.148.080 Maintenance Requirements.
The property owner shall maintain the artwork in good condition continuously after its
installation, as determined appropriate by the city. Maintenance shall include all related
landscaping, lighting, and upkeep, including the identification plaque. Artwork required or
approved pursuant to this chapter cannot be removed, except for required maintenance or repair,
unless approved by the City; at which time the City may require replacement or relocation of the
artwork. In the event that the artwork is located in the public right-of-way, a maintenance
agreement with the City shall be required.
(Ord. 2037 (part), 2009)
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19.148.090 In Lieu Fee for Artwork is Discouraged.
In some instances the placement of artwork on a particular property may not be feasible. In
such cases, an in-lieu contribution may be made to the City. The developer or property owner
may apply to the Fine Arts Commission for an in-lieu fee alternative on projects that lack an
appropriate location for public art, although such alternative is strongly discouraged.
(Ord. 2037 (part), 2009)
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CHAPTER 19.152: AMENDMENTS TO THE ZONING MAPS AND ZONING
REGULATIONS
Section
19.152.010 Amendments.
19.152.020 Changes in district boundaries.
19.152.030 Changes in Zoning Regulations.
19.152.040 Prezoning.
19.152.010 Amendments.
This title may be amended by changing the boundaries of districts, or by changing the
regulations applicable within one or more districts, or by changing any other provision of this
title, whenever the public interest or general welfare so require.
(Ord. 1601, Exh. A (part), 1992)
19.152.020 Changes in district boundaries.
Changes in the boundaries of districts established by this title may be initiated by any one of
the following actions:
A. By application of a property owner in accord with the requirements of Chapter 19.12,
Administration, which shall include the following:;
1. A description and map showing the boundaries of existing and requested districts, and
identifying the property for which a change of district is requested;
2. A written statement setting forth the reasons for the application and all facts relied upon by the
applicant in support thereof;
3. Written copy of the applicant's description of how the proposed change complies with the
Findings listed in the Chapter that pertains to the requested change;
B. By motion of the City Council, or by motion of the Planning Commission, which may include
any public or private property, and shall be accompanied by:
1. Maps or descriptions necessary to define existing and proposed boundaries of districts, and
2. A statement, describing in general terms, the reasons for consideration of a change in district
boundaries.
C. Findings: The Approval Body may approve of an application to change the district
boundaries, if it finds all of the following:
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1. That the proposed zoning is in accord with this title of the Municipal Code and the City’s
Comprehensive General Plan.
2. The proposed zoning is in compliance with the provisions of the California Environmental
Quality Act (CEQA).
3. The site is physically suitable (including, but not limited to, access, provision of utilities,
compatibility with adjoining land uses, and absence of physical constraints) for the requested
zoning designation(s) and anticipated land use development(s).
4. The proposed zoning will promote orderly development of the City.
5. That the proposed zoning is not detrimental to the health, safety, peace, morals and general
welfare of persons residing or working in the neighborhood of subject parcels.
(Ord. 1601, Exh. A (part), 1992)
19.152.030 Changes in Zoning Regulations.
A. Changes in any provision of this title, other than the boundaries of districts, may be initiated
from time to time, by one of the following actions:
1. By motion of the City Council on its own initiative;
2. By motion of the Planning Commission on its own initiative.
B. Changes initiated by motion of the Council shall be forwarded to the Planning Commission
and may be supplemented by such explanatory material as the Council may deem appropriate to
facilitate review and recommendation by the Planning Commission.
C. Changes in Zoning Regulations shall be adopted by Ordinance by the City Council pursuant
to the procedures described in Section 36931 et seq. of the California Government Code.
D. Findings: The City Council may approve changes to the zoning regulations in this title, if in
addition to the findings in Section 19.152.020 (C), Findings, it finds:
1. The proposed amendments are internally consistent with this title.
19.152.040 Prezoning.
A. The determination of district classifications and district boundaries appropriate for property
located outside the City, but potentially subject to annexation, may be made in the same manner
as prescribed in this chapter and Chapter 19.12, Administration, for any property within the City,
provided that any ordinance duly passed by the City Council establishing or changing such
classification shall become effective only upon the effective date of annexation of such property
to the City.
B. Upon passage of such an ordinance, the zoning map shall be revised to show the prezoned or
potential classification to become effective upon annexation, and shall identify the district or
districts applicable to such property with the label or nomenclature “prezoned.” (Ord. 1601,
Exh. A (part), 1992)
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CHAPTER 19.156: DEVELOPMENT PERMITS, CONDITIONAL USE PERMITS AND
VARIANCES
Section
19.156.010 Application for Development Permit.
19.156.020 Application for Conditional Use Permit or Variance.
19.156.030 Approval Authority
19.156.040 Planned Development Permit and Conditional Use Permit–Findings and Conditions.
19.156.050 Variance–Findings and Conditions.
19.156.060 Expansion or Modification of Planned Development or Conditional Use Permits.
19.156.070 Change of Use.
19.156.010 Application for Development Permit.
A. Applications for a development permit shall be made in accord with the requirements of
Chapter 19.12, Administration, and shall additionally contain the following:
1. A description and map showing the location of the property for which the permit or
variance is sought;
2. If the application is for a development permit and/or a conditional use permit, plans
and/or descriptions of existing and proposed uses of the property, proposed traffic-circulation
system, topographical map of the site and the neighboring properties, landscape plan in accord
with Chapter 14.18, Landscaping Ordinance, describing in detail the nature of the use proposal to
be conducted on the property;
19.156.020 Application for Conditional Use Permit or Variance.
In addition to all information required pursuant to Section 19.156.010, Application for
Development Permit, the following information shall be provided:
A. If the application is for a conditional use permit, plans and/or descriptions of existing and
proposed uses of the property, and describing in detail the nature of the use proposal to be
conducted on the property;
B. If the application is for a variance, plans and/or descriptions of existing and proposed
construction on the property involved, together with a statement of the circumstances which
justify the various applications.
19.156.030 Approval Authority
A. For development permits and variances, the Approval Body shall be as specified in
Section 19.12.030, Approval Authority.
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B. For all conditional use permits subject to this Chapter, the Approval Body shall be as
specified in the Chapter of this code that specifies the permitted, conditional and excluded uses
for the zoning designation that applies to the property in question.
19.156.040 Planned Development Permit and Conditional Use Permit–Findings and
Conditions.
A. The decision maker may grant a planned development permit or a conditional use permit
only if all of the following findings are made:
1. The proposed development and/or use, at the proposed location, will not be detrimental
or injurious to property or improvements in the vicinity, and will not be detrimental to the public
health, safety, general welfare, or convenience;
2. The proposed development and/or use will be located and conducted in a manner in
accord with the Cupertino Comprehensive General Plan, underlying zoning regulations, and the
purpose of this title and complies with the California Environmental Quality Act (CEQA).
19.156.050 Variance–Findings and Conditions.
A. The Director may grant a variance from the site development regulations, the parking
and loading regulations or the special requirements of this title applicable within any district, if
the Director finds:
1. There are special circumstances applicable to the property (including size, shape,
topography, location or surroundings) that do not apply generally to property in the same district;
2. The special circumstances applicable to the property deprive the property of privileges
enjoyed by other property in the vicinity and under identical zoning classification.
3. The issuance of the variance will not constitute a grant of special privileges inconsistent
with the limitations upon other properties in the vicinity and zoning in which such property is
situated.
4. The variance is not being issued for the purpose of allowing a use that is not otherwise
expressly authorized by the zone regulation governing the parcel of the property.
5. The granting of the application will not be detrimental or injurious to property or
improvements in the vicinity and will not be detrimental to the public health, safety, and general
welfare, or convenience, and to secure the purpose of the title.
6. The proposed development and/or use will be located and conducted in a manner in
accord with the Cupertino Comprehensive General Plan, and the purpose of this title and
complies with the California Environmental Quality Act (CEQA).
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19.156.060 Expansion or Modification of Planned Development or Conditional Use
Permits.
A. Any significant expansion in building size on site area of a planned development or any
significant increase of a conditional use shall necessitate the issuance of a new planned
development permit or conditional use permit for the expansion in accord with the provisions of
this chapter.
B. Any modification to a previously approved planned development permit shall
require an application for a modification to the original permit and shall be processed pursuant to
the requirements of this Chapter, unless the application is diverted for administrative approval,
pursuant to Chapter 19.164, Administrative Approval of Minor Changes in Projects.
C. No applications for a planned development permit or conditional use permit shall be
necessary for existing uses which were lawful conforming permitted uses and which were
rendered conditional by reason of rezoning or change to this title, provided that any expansion in
the building site or site area of such use shall be subject to the issuance of a planned development
permit or conditional use permit in accord with this chapter.
19.156.070 Change of Use.
1. A change from a conditional use or a permitted use to another permitted use requires a
modification of the planned development permit, unless the proposed use does not change the
general appearance of the project and does not change how the property interacts with
neighboring properties.
2. A change from a permitted use or a conditionally permitted use to a different conditional
use requires the issuance of separate conditional use permit.
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CHAPTER 19.160: TEMPORARY USES
Section
19.160.010 Conditional Use Permit for Temporary Uses.
19.160.020 Conditions to Issuance.
19.160.030 Findings.
19.160.010 Conditional Use Permit for Temporary Uses.
The Director of Community Development may grant a conditional use permit authorizing the
use of a site in any zoning district for a temporary use as provided in this chapter.
(Ord. 1601, Exh. A (part), 1992)
19.160.020 Conditions to Issuance.
A conditional use permit under the provision of this chapter is subject to the provisions that:
A. Application for a conditional use permit for temporary uses shall be made in accord with
requirements of Chapter 19.12, Administration;
B. The permit may include authorization to vary from the specific requirements and regulations
of the title as may be solely related to the requested temporary use.
19.160.030 Findings.
A conditional use permit for a temporary use may be granted by the Director, if, from the
application or the facts presented to him or her, he or she makes the following written findings:
A. The granting of the application will not be detrimental or injurious to property or
improvements in the vicinity, and will not be detrimental to the public, health, safety, general
welfare, or convenience; and
B. The proposed use will be located and conducted in a manner in accord with the Cupertino
General Plan and the purposes of this title.
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CHAPTER 19.164: ADMINISTRATIVE APPROVAL OF MINOR CHANGES IN
PROJECTS*
Section
19.164.010 Purpose.
19.164.020 Applicability of Regulations.
19.164.030 Diversion of Application for Administrative Approval.
* Prior ordinance history: Ords. 1601 and 1630.
19.164.010 Purpose.
The purpose of this chapter is to provide a uniform and orderly procedure for expeditious
administrative approval of minor changes to existing projects and plans.
(Ord. 1790, § 1 (part), 1998)
19.164.020 Applicability of Regulations.
A. Type of Applications. This chapter shall apply to a minor change to the following:
1. An approved development plan in a planned development zoning district or RIC district;
2. An existing building or structure requiring site and designs approval;
3. A plan which has received site and design approval;
4. An existing building, structure or plan requiring City Council approval pursuant to a
contractual agreement, resolution, motion, action, or uncodified ordinance.
B. Conditions. No application shall be diverted for administrative approval under this chapter if
any of the following conditions exist:
1. The proposed change is not minor when considered in conjunction with other minor
changes to the same project approved under this chapter or under considerations, even though
such changes relate to different plans, buildings or structures;
2. In the opinion of the Director of Community Development, the proposed change will be
controversial;
3. In the opinion of the Director of Community Development, the proposed change will
probably be denied by him or her;
4. In the opinion of the Director of Community Development, the proposed change will
probably be denied by the City Council.
(Ord. 1790, § 1 (part), 1998)
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19.164.030 Diversion of Application for Administrative Approval.
The Director of Community Development, in his or her discretion, may divert a qualified
application of a minor change to the administrative approval process provided in Chapter 19.12,
Administration.
(Ord. 1790, § 1 (part), 1998)
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CHAPTER 19.168: ARCHITECTURAL AND SITE REVIEW*
Section
19.168.010 Purpose.
19.168.020 Limitations Regarding Architectural and Site Approval Decisions.
19.168.030 Findings.
* Prior ordinance history: Ord. 1778.
19.168.010 Purpose.
This chapter is enacted to provide for an orderly process to review the architectural and site
designs of buildings, structures, signs, lighting, and landscaping for prescribed types of land
development within the City in order to promote the goals and objectives contained in the
General Plan, to protect and stabilize property values for the general welfare of the City, to
maintain the character and integrity of neighborhoods by promoting high standards for
development in harmony therewith, and by preventing the adverse effects associated with new
construction by giving proper attention to the design, shape, color, materials, landscaping and
other qualitative elements related to the design of developments and thereby creating a positive
and memorable image of Cupertino.
(Ord. 1844, § 1 (part), 2000; Ord. 1791, § 1 (part), 1998)
19.168.020 Limitations Regarding Architectural and Site Approval Decisions.
In its consideration of architectural and site applications, the Approval Body is limited to
considering and rendering decisions solely upon the issues in its charge and is precluded from
considering or rendering decisions regarding other planning, zoning, or subdivision issues with
respect to the subject property unless said application is combined with the appropriate
application or applications which address those additional issues.
(Ord. 1844, § 1 (part), 2000; Ord. 1791, § 1 (part), 1998)
19.168.030 Findings.
A. The Approval Body may approve an application only if all of the following findings are
made:
1. The proposal, at the proposed location, will not be detrimental or injurious to property or
improvements in the vicinity, and will not be detrimental to the public health, safety, general
welfare, or convenience;
2. The proposal is consistent with the purposes of this chapter, the General Plan, any
specific plan, zoning ordinances, applicable planned development permit, conditional use
permits, variances, subdivision maps or other entitlements to use which regulate the subject
property including, but not limited to, adherence to the following specific criteria:
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a. Abrupt changes in building scale should be avoided. A gradual transition related to height and
bulk should be achieved between new and existing buildings.
b. In order to preserve design harmony between new and existing buildings and in order to
preserve and enhance property values, the materials, textures and colors of new buildings should
harmonize with adjacent development by being consistent or compatible with design and color
schemes, and with the future character of the neighborhood and purposes of the zone in which
they are situated. The location, height and materials of walls, fencing, hedges and screen
planting should harmonize with adjacent development. Unsightly storage areas, utility
installations and unsightly elements of parking lots should be concealed. The planting of ground
cover or various types of pavements should be used to prevent dust and erosion, and the
unnecessary destruction of existing healthy trees should be avoided. Lighting for development
should be adequate to meet safety requirements as specified by the engineering and building
departments, and provide shielding to prevent spill- over light to adjoining property owners.
c. The number, location, color, size, height, lighting and landscaping of outdoor advertising signs
and structures shall minimize traffic hazards and shall positively affect the general appearance of
the neighborhood and harmonize with adjacent development.
d. With respect to new projects within existing residential neighborhoods, new development
should be designed to protect residents from noise, traffic, light and visually intrusive effects by
use of buffering, setbacks, landscaping, walls and other appropriate design measures.