Ordinance No. 14-2125 Amending Title(s) 18 and 19, Density Bonus, Adding Title 19 Implement Policies in the General Plan, and Title 13 to Improve ReadabilityORDINANCE NO. 14-2125
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING VARIOUS CHAPTERS IN TITLE 18 AND TITLE 19, INCLUDING
THE AMENDMENT OF THE DENSITY BONUS ORDINANCE,THE ADDITION
OF A CHAPTER IN TITLE 19 TO IMPLEMENT POLICIES IN THE GENERAL
PLAN, THE ADDITION OF A CHAPTER IN TITLE 13 TO IMPROVE
READABILITY
WHEREAS, pursuant to State Planning and Zoning Law, the City Council has
directed staff to make zoning amendments to be consistent with the General Plan, to
implement policies included in the City's General Plan, and to ensure consistency
among the City's policies and ordinances; and
WHEREAS, the proposed municipal text amendments are consistent with the
policies and uses shown in the City's General Plan; and
WHEREAS, the Municipal Code Amendment application is part of the General Plan
Amendment, Housing Element Update and Associated Rezoning, all as fully described
and analyzed in the June 2014 General Plan Amendment, Housing Element Update,
and Associated Rezoning Project Environmental Impact Report ("Draft EIR") (State
Clearinghouse No. 2014032007), as amended by text revisions in the August 2014
General Plan Amendment, Housing Element Update and Associated Rezoning Project
EIR Response to Comments Document ("Response to Comments Document") and the
Supplemental Text Revisions (together, the "Final EIR"); and
WHEREAS, the Final EIR was presented to the Planning Commission on September
9, 2014 at a Planning Commission Study Session; and
WHEREAS, the Final EIR was presented to the City Council on October 7, 2014 at a
City Council Study Session; and
WHEREAS, the necessary public notices have been given as required by the
procedural ordinances of the City of Cupertino and the Government Code, and the
Planning Commission held public hearings on October 14, 2014 and October 20, 2014 to
consider the project; and
WHEREAS, on October 20, 2014, the Planning Commission recommended on a 4-0-1
(Takahashi absent) vote that the City Council certify that the Final EIR has been
completed in compliance with the California Environmental Quality Act, Public
Resources Code Section 21000 et seq., and reflects the independent judgment and
analysis of the City, adopt the Findings and Statement of Overriding Considerations,
adopt the Mitigation Measures. and adopt the Mitigation Monitoring and Reporting
Program, in substantially similar form to the Resolution presented (Resolution no.
Resolution No. 14-2125
Page 2
6760); adopt the General Plan Amendment (GPA -2013-01) (Resolution no. 6761);
authorize staff to forward the Draft Housing Element to the State Department of
Housing and Community Development for review (GPA -2013-02); approve the
prioritized list of potential Housing Element sites in the event amendments are needed
to the proposed Housing Element sites upon HCD review (Resolution no. 6762);
approve the Zoning Map Amendments, Z-2013-03, in substantially similar form to the
Resolution presented (Resolution no. 6763); approve the Municipal Code Amendments
to make changes to conform to the General Plan and Housing Element and other clean
up text edits (MCA -2014-01) (Resolution no. 6764); approve the Specific Plan
Amendments, SPA -2014-01, in substantially similar form to the Resolution presented
(Resolution no. 6765); and
WHEREAS, on November 10, 2014, public comment was collected on the project;
WHEREAS, on December 2, 2014, the City Council held a duly noticed public
hearing that was continued to December 3, 2014 and adjourned on December 4, 2014 to
consider these proposed amendments to the Municipal Code; and
WHEREAS, the City Council of the City of Cupertino is the decision-making body
for this Ordinance;
WHEREAS, after consideration of evidence contained in the entire administrative
record, at the public hearing commencing on December 2, and continuing on December
3 and December 4, 2014, the City Council adopted Resolution No. 14-210 certifying the
Final EIR, adopting Findings and a Statement of Overriding Considerations, adopting
Mitigation Measures, and adopting a Mitigation Monitoring and Reporting Program.
WHEREAS, prior to taking action on this Ordinance, the City Council has exercised
its independent judgment in carefully considering the information in the final EIR and
finds that this Ordinance falls within the scope of the certified Final EIR, in that all
amendments proposed in this Ordinance that have the potential for resulting in either a
direct physical change in the environment or a reasonably foreseeable indirect physical
change in the environment have been examined in the Final EIR and therefore, no
recirculation of the Final EIR is required; and
WHEREAS, it is the intent of the City Council, in enacting this Ordinance to make
text amendments to improve conformity with State Law, improve readability,
consistency and eliminate redundancies.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO
DOES ORDAIN AS FOLLOWS:
Section 1. Title 13 of the Cupertino Municipal Code is hereby amended to include
Chapter 13.08, Parkland Dedication, to be numbered and entitled to read
Resolution No. 14-2125
Page 3
as shown in Attachment I, which is incorporated herein by reference as
part of this ordinance
Section 2. Chapter 18.24 of Title 18 of the Cupertino Municipal Code is hereby
amended to read as shown in Attachment II, which is incorporated herein
by reference as part of this ordinance.
Section 3. Chapter, 19.08 of Title 19 of the Cupertino Municipal Code is hereby
amended to read as shown in Attachment III, which is incorporated herein
by reference .as part of this ordinance.
Section 4. Chapter 19.12 of Title 19 of the Cupertino Municipal Code is hereby
amended to read as shown in Attachment IV, which is incorporated
herein by reference as part of this ordinance.
Section 5. Chapter 19.20 of Title 19 .of the Cupertino Municipal Code is hereby
amended to read as shown in Attachment V, which is incorporated herein
by reference as part of this ordinance.
Section 6. Chapter 19.56 of Title 19 of the Cupertino Municipal Code is hereby
amended to read as shown in Attachment VI, which is incorporated
herein by reference as part of this ordinance.
Section 7. Chapter 19.76 of Title 19 of the Cupertino Municipal Code is hereby
amended to read as shown in Attachment VII, which is incorporated
herein by reference as part of this ordinance.
Section 8. Chapter 19.80 of Title 19 of the Cupertino Municipal Code is hereby
amended to read as shown in Attachment VIII, which is incorporated
herein by reference as part of this ordinance.
Section 9. Chapter 19.84 of Title 19 of the Cupertino Municipal Code is hereby
amended to read as shown in Attachment IX, which is incorporated herein
by reference as part of this ordinance.
Section 10. Chapter 19.144 of Title 19 of the Cupertino Municipal Code is hereby
amended to read as shown in Attachment X, which is incorporated herein
by reference as part of this ordinance.
Section 11. 1 Title 19 of the Cupertino Municipal Code is hereby amended to include
Chapter 19.172, Below Market Rate Housing Program, to be numbered
and entitled to read as shown in Attachment XI, which is incorporated
herein by reference as part of this ordinance.
Resolution No. 14-2125
Page 4
Section 12. 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 13. 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 14. 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 15. Continuity.
To the extent the provisions of this Ordinance are substantially the same as previous
provisions of the Cupertino Municipal Code, these provisions shall be construed as
continuations of those provisions and not as amendments of the earlier provisions.
INTRODUCED at a regular meeting of the Cupertino City Council the 4th day of
December, 2014 and ENACTED at a regular meeting of the Cupertino City Council on
this 16th day of December 2014 by the following vote:
PASSED:
Vote: Members of City Council
AYES:
Sinks, Chang, Paul, Vaidhyanathan, Wong
NOES:
None
ABSENT:
None
ABSTAIN:
None
Resolution No. 14-2125
Page 5
ATTEST:
r-'q4.vz"'fz" Ll��
Grace Schmidt, City Clerk
APPROVED:
Rod Sinks, Mayor, City of Cupertino
ATTACHMENT I
CHAPTER 13.08 PARK LAND DEDICATION/FEE
Section
13.08.010 Purpose.
13.08.020 Definitions
13.08.030 Applicability.
13.08.050 Parkland Dedication.
Density
(DU/acre)
Average number of
persons/DU
Average Parkland
Dedication/DU (in acres)
0-5
3.5
.0105
5-10
2.0
.0060
10-20
2.0
.0060
20+
1.8
.0054
10+
1.8
.0054
Senior Citizen Housing
Development
1.0
.0030
13.08.060
Fees in Lieu of Parkland Dedication.
13.08.070
Combination of Parkland Dedication and Fee.
13.08.080
Credit for Private Recreation or Open Space.
18.24.090
Credit for Existing Dwelling Units.
13.08.100
General Procedures.
13.08.010 Purpose.
The purpose of this Chapter is to regulate, in the public interest, convenience, health, welfare
and safety, the provision of park and recreational facilities upon development for which
dedication of land and/or payment of a fee is required in accordance with the open space and
conservation element of the adopted General Plan of the City of Cupertino, and any
amendments.
13.08.020 Definitions
"Dwelling unit" or "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 on a non -transient basis and having not more than one
kitchen.
13.08.030 Applicability.
Upon development of a new dwelling unit, at the option of the City, a parkland dedication, or a
payment of a fee in lieu thereof, or both, shall be required.
13.08.050 Parkland Dedication.
A. Where the City determines that a park or recreational facility is to be located in whole or in
part within the proposed development, land sufficient in topography and size shall be
dedicated per the formula below.
Parkland dedication/DU
C(Average number of persons/DU)x(Park Acreage Standard))
= 1000 persons )
B. The Park Acreage Standard is three acres of property for each one thousand persons.
C. Parkland dedication based on development density: Table 13.08.050 indicates the average
parkland dedication required per dwelling unit based on development density per the
formula above (13.08.050.A).
Table 13.08.050: Park Land Dedication Formula Table
Density
(DU/acre)
Average number of
persons/DU
Average Parkland
Dedication/DU (in acres)
0-5
3.5
.0105
5-10
2.0
.0060
10-20
2.0
.0060
20+
1.8
.0054
10+
1.8
.0054
Senior Citizen Housing
Development
1.0
.0030
13.08.060 Fees in Lieu of Parkland Dedication.
A. General Standard.
1. If the City determines that a parkland dedication is not required, a fee shall be paid in
lieu thereof.
2. Fees in Lieu of Land -Fifty units or Less. If a proposed development contains fifty units
or less, a fee in lieu of parkland dedication shall be paid, unless dedication is deemed
appropriate and in the public interest by the City.
B. Amount. The amount of the fee shall be equal to the fair market value of the land prescribed
for dedication pursuant to Section 13.08.050. The fee shall be calculated as follows:
In lieu fee = ((Average Parkland Dedication/DU)*(Net new dwelling units)*(Fair Market
Value of land/acre))
C. Fair Market Value of land per acre. The Department of Public Works shall establish the fair
market value of land within the City and update the value on an annual basis in the City's
Fee Schedule. The fair market value shall be determined by reference to comparable land
within the City. As used herein, the term "comparable" means land of similar size and
development potential as the land which would otherwise be dedicated.
D. 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 shall be
-7-
IW\1 nU (7n?79 7
known as the "park dedication in -lieu fee fund" and shall be used for all purposes allowed
by State Law.
13.08.070 Combination of Parkland Dedication and Fee.
A. The City shall determine whether it accepts parkland dedication, elects to require payment
of a fee in lieu, or a combination of both a parkland dedication and a fee in lieu, upon
consideration of the following:
1. Topography, geology, access and location of land in the development available for
dedication;
2. Size and shape of the development 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.
13.08.080 Credit for Private Recreation or Open Space.
A. Where private open space for park and recreational purposes is provided in a proposed
development, fifty percent credit shall be given against the requirement of land dedication
or payment of fees in lieu thereof, if the approval authority finds that it is in the public
interest to do so and that all the standards in Section 13.08.080 B, below are met and findings
in Section 13.08.080C can be made.
B. That the open space for which credit is given complies with the following standards:
1. The total usable open space acreage for the development must be equivalent to the
parkland dedication calculated pursuant to Section 13.08.050.
2. The open space must contain the mandatory elements and at least four of the six
optional elements indicated in Table 13.08.080 below and meet the following criteria:
a. The combined minimum acreage for a facility with a recreation center and children's
play apparatus area is 1.3 acres.
b. The minimum combined acreage for a facility not including a recreation center or
children's play area is 1.5 acres.
Table 13.08.080 - Mandatory and Optional Elements for private open space
394\10\1620279.2
Minimum
Acreage
Mandatory Element
Turfed playfield
The playfield shall be a single unit of land which is generally level and
free of physical barriers which would inhibit group playactivities.
.50
Optional Elements
Children's play apparatus area
.15
Recreational community gardens
.25
394\10\1620279.2
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. The approval authority 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.
D. Findings. The approval authority shall adopt the following written findings and shall
require the recordation of covenants running with the land to ensure that credited elements
are maintained, before credit is given:
1. That yards, court areas, setbacks, decorative landscape areas normally associated with
residential site design and other areas required to remain free and clear by zoning and
building ordinances and regulations shall not be included in the computation of such
private open space;
2. That such space is to be wholly or partially owned and maintained by the future
residents of the development and that the private ownership and maintenance of the
open space is adequately provided for by recorded written agreement, conveyance or
restrictions;
3. 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 eliminated without the consent of the City or its successor;
4. 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;
5. That the facilities proposed for private recreation or open space are in substantial
conformance with General Plan policies.
18.24.090 Credit for Existing Dwelling Units.
When dwelling units exist on the property where development is proposed, a credit shall be
given against the requirement of land dedication or payment of fees in lieu thereof for the
number of units existing. As used herein, the term "existing" refers to units which exist at the
time of approval of the dwelling units or which were demolished within one year prior to the
submittal of an application for development of the dwelling units.
13.08.100 General Procedures.
A. At the time of approval of the dwelling units, the approval authority shall determine
whether a parkland dedication or a fee in lieu thereof is required unless a parkland
dedication or fee has already been provided.
IQI\iMir)m74 '?
B. At the time of building permit application, land shall be dedicated to the City or the fee in
lieu thereof shall be paid.
C. Open space covenants for private park or recreational facilities shall be submitted to the
City prior to approval of the building permits and shall be recorded simultaneously with
the issuance of final occupancy.
D. If parkland dedication is required, the design of the park shall be reviewed and approved
and construction shall be completed prior to occupancy of the development.
-10-
394\10\1620279.2
ATTACHMENT 11
18,24 EDICATIONS AND RESERVA
CHAPTER TIONS
D
Sectionand Easements.
R' other
Alleys, or Easements.
Other Public Rights-of-way
I. Dedication of Streets,
15.24.010 Dedication of Streets, Alleys, and
Article II. Park Land Dedication.
18.24.020 Purpose.
15.24.030 Requirements.
18.24.040 General Standard.
18.24.050 Dedication of Land.
18.24.060 Fees in Lieu of Pk Land Dedication.
70 Amount of Fee in Lieu of Park Land Dedication.
18.24'0 General Plan -
18.24 -080 Subdividers Not La d or Fee.
in
18,24.090 Determination °f en Space.
18,24.100 Credit for Private Recreation
or 18.24.110 Credit for Existing Residential
Units.
1g 24.120 Procedure.
18.24.130 Commencement of Development.
Article III. School Site Dedication.
18.24.140 General.
18.24.150 Procedure.
payments
to Subdivider for School Site Dedication.
18.24.160 y
18.24.170 Exemptions.
Article IV. Reservations.
18.24.180 General.
for Reservation of Land.
18.24.190 Standards
18,24.200 Procedure.
18,24.210 Payment to Subdivider.
18.24.220 Termination.
Article V. Waiver of Direct Street
18,24.230 Waiver of Direct Street Access.
Article I. Dedication of Streets Alleys,
18.24.010 Dedication Rights-of-Wa
of Streets Y and Easements.
A. As a condition of a 'Alleys, and Other Public Rights-of-way or Easements.
make an of
offer of dedication of lly Parcel ma
needed for streets and P' the subdivider sh
parcels of land all
dedicate or
Utility alleys, including access rights
the subdivision
ty easements; bicycle paths, ghts and abutters' rights; that are
stations, libraries, access to transit facilities, solar access casein easements, d aaiina e
Public resources g Public
B Improvements shall be ' and Other Public easements as re P k land, hz e
title, in accordance with Chapter 18.32, Subdivision Im Improvements, required.
Article II. Park Land Dedication. P vements, of this
18.24.020 Purpose.
This section is enacted
and recreational facilities for ant to the authority
which dedication of grated by the Gove
this chapter are in and rnment Code. The
accordance with the o and/or payment of a fee is re park
General Plan of the Ci Pen space and conservation elemen
ty of Cupertino, required by
18.24.030 Requirements. P hno, and any amendments. t of the adopted
A• As a condition of approval of a
dedicate land final subdivision ma
recreational , Pay a fee in lieu thereof, or bo P °r Parcel ma
Purposes at the both, at the o P' the subdivider shall
this chapter. time and according ption of the City, for
g to the standards and fo Park or
B. The provisions of rmula contained in
P this chapter are not applicable to the following land use categories:
industrial subdivisions; g nes:
2. Condominium
subdivision of all conversion projects
or stock cooperatives
Old when no new dwecllin an existing apartment building which consist of the
g units are added; g which is more than five years
3• Convalescent hospitals
and similar dependent care
18.24.040 General Standard. facilities.
The Parkiand Dedication standard shall be as id
13.08.
entified in the City's General Plan and Chapter
18.24.050 Dedication of Land.
A. Where a park or recreational
facility conservation element of has been
Within the General Plan of designated in the
the Proposed subdivision to serve the City, and is to be located ' open space and
the subdivision, the subdivider shall the Mediate in whole or in part
topography to serve dedicate land for and
ire need of the residents of
B. The formula the residents of the subdivision. Park sufficient in
rmula for determining acreage to be dedicated shall size and
be pursuant to Section 13.08.050.
394\10\1620279.2
18.24.060 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 pursuant to the
formula in Section 13.08.060.
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 in lieu of dedication, unless dedication is deemed
appropriate and in the public interest by the City. .
C. Fair Market Value of land per acre. The Fair Market Value of land per acre shall be
established pursuant to Section 13.08.050C.
D. Use of Money. The money collected shall be paid and used pursuant to Section 13.08.060D.
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:
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
18.24.060, shall be paid for any additional land that would have been required to be
dedicated pursuant to Section 18.24.050, 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 18.24.060, 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, 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.
18.24.080 Subdividers Not Within General Plan.
Where the proposed subdivision lies within an area not included 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 adopted park and recreational principles and standards of the City's General Plan and
in accordance with the provisions of this chapter.
18.24.090 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
standards identified in Section 13.08.070.
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.
18.24.100 Credit for Private Recreation or Open Space.
Where private open space for park and recreational purposes is provided in a proposed
subdivision, a credit shall be given against the requirement of land dedication or payment of
fees in lieu thereof, pursuant to requirements of Section 13.08.080.
18.24.110 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.
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.
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.
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.
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.
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
zoa\i rn i f')m74
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.
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.
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.
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.
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 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.
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.
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.
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.
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.
10,1\10\1 F')01'70 I
ATTACHMENT III
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.
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.
K. "City" means the City of Cupertino.
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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.
"Affordable housing cost" means the amount set forth in the Health and Safety Code Section
50052.5, as may be amended.
"Affordable rent" means the amount set forth in the Health and Safety Code Section 50053, as
may be amended.
"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.
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"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.
"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:
IxLx1001
A JJ
S = Average slope of ground in percent; L = Combined length in feet of all contours on parcel;
I = Contour interval in feet; A = Area of parcel in square feet.
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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.
"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.
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"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.
"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
unchanged.
"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 the following, all definitions of which are based upon
Civil Code Section 4100 or subsequent amendments:
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1. A condominium project,
2. A community apartment project,
3. A stock cooperative, or
4. A planned development.
"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.
"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
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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
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. 10
"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.
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"Density bonus" means a density increase over the otherwise maximum allowable residential
density in accordance with the provisions of Chapter 19.56. as of the date of the project
application.
"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.
"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.
"Development standard" means a site or construction regulation, including, but not limited to, a
setback requirement, a floor area ratio, an onsite open -space requirement, or a parking ratio that
applies to a development pursuant to, any ordinance, general plan element, specific plan,
charter, or other local condition, law, policy, resolution, or regulation.
"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, on a lot under one ownership, 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.
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Emergency Shelter:
"Emergency shelter, rotating" means a facility that provides temporary housing with minimal
supportive services and meets criteria in Section 19.76.030(2).
"Emergency shelter, permanent" means a permanently operated facility that provides
temporary housing with minimal supportive services and meets criteria in Section19.76.030(3).
"Employee Housing" means accommodations for employees as defined by Health and Safety
Code 17008, as may be amended.
"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.
"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.
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"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 thfinish nish 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; 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
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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.
"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.
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 19.08.0300, 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 To of a
roof, eaves, and any portion P ate
of the foundation visible Entry
above the adjoining finished o Feature
grade.
"Home occupation" means a
business, profession, Natural �� L
occupation or trade activity Grade
which is performed by the Height Limit for Entry Features
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
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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.
"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, moderate income, or senior citizens.
"Housing development" means, for the purposes of Chapter 19.56, Density Bonus, a
development project for five or more residential units. For the purposes of that chapter,
"housing development" also includes a subdivision or common interest development, approved
by the City that consists of residential units or unimproved residential lots and either a project
to substantially rehabilitate and convert an existing commercial building to residential use or
the substantial rehabilitation of an existing multifamily dwelling, as defined in Government
Code Section 65863.4(d), where the result of the rehabilitation would be a net increase in
available residential units.
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. '7" 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.
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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; and 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.
"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 -
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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.
"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.
1. "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.
"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 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.
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"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 does not exceed that
established by Health and Safety Code Section 50079.5, as may be amended.
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
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.
"Maximum allowable residential density," for purposes of Chapter 19.56, Density Bonus, means
the maximum density allowed under the zoning ordinance and land use element of the general
plan. For purposes of that Chapter, if the maximum density allowed under the zoning
ordinance is inconsistent with the density allowed under the land use element of the general
plan, the general plan density shall prevail.
"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.
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"Mobilehome" means a vehicle, other than a motorvehicle, designed or used as semi-
permanent 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 semi-permanent housing.
"Moderate income household" means a household whose gross income does not exceed that
established by Section 50093 of the Health and Safety Code, as may be amended.
"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.
"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:
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.
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"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
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.
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"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.
"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.
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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.
"Qualifying resident," for purposes of Chapter 19.56, Density Bonus, of this Code, means a
senior citizen or other persons eligible to reside in a senior citizen housing development.
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:
1. "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 Chapter 19.108, Beverage Container Redemption and
Recycling Centers. Collection facilities may include the following:
a. Reverse vending machine(s);
b. Small collection facilities which occupy an area of not more than five hundred square
feet, and may include:
i. A mobile recycling unit,
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ii. Bulk reverse vending .machine or a grouping of reverse vending machines occupying
more than fifty square feet,
M. Kiosk type units and bulk vending machines,
iv. Unattended containers placed for the donation of recyclable materials;
c. 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.
2. "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:
a. 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.
b. 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.
"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 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 1.250 et seq.),
community care facilities (H&SC Section 1500 et seq.), residential care facilities for the elderly
(H&SC Section 1569 et seq.) or facilities for the mentally disordered or otherwise handicapped
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(W&I Code Section 5000 et seq.), alcoholism or drug abuse recovery or treatment facilities
(H&SC Section 11384.11), and other similar care facilities.
"Residential district," for purposes of the Sign Ordinance, means the R1, RHS, R2, R3, R1C, A,
and Al zoning classifications which are consistent with the residential designation of the
Cupertino general plan.
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.
"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.
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.
"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.
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"Senior citizens" means:
1. Persons at least sixty-two years of age; or
- - -1
2. Persons at least fifty-five years of age in a senior citizen housing development, in accordance
with State and federal law.
"Senior citizen housing development" means a housing development with at least thirty-five
dwelling units as defined 'in the Civil Code Section 51.3, or a mobilehome park that limits
residency based on age requirements for housing for older persons pursuant to Section 798.76
or 799.5 of the Civil Code, as may be amended. "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.
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. TheDirectorof 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)
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"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.
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 the sign 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.
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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.
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.
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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.
"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.
394\10\1620279.2
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"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 Government Code Section 65582(f), as may be amended) means
housing with no limit on length of stay, that is occupied by the target population, and that is
linked to onsite 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.
S. "T" Definitions:
"Target population" (per Government Code Section 65582(g), as may be amended) means
persons with low incomes having one or more disabilities, including mental illness, HN 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).
"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" (per Government Code Section 65582(h), as may be amended) 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
394\10\1620279.2
12/8/2014
another eligible program recipient at some predetermined future point in time, which shall be
no less than six months from the beginning of assistance.
"Trim" means the molding, battens, cappings, nailing strips, lattice and platforms which are
attached to a sign.
T. "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.
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.
U. "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.
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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 does not exceed that
established by Health and Safety :Code Section 50105, .as may be amended.
"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.
V. "W" Definitions:
None.
W. "X" Definitions:
None.
X. "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.
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.
Y. "Z" Definitions:
None.
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CHAPTER 19.12 — ADMINISTRATION
Section
Design
Review
19.12.010
Purpose and intent.
19.12.020
Applicability of Regulations.
19.12.030
Approval Authority
19.12.040
Authority of the Director of Community Development.
19.12.050
Authority of the Design Review Committee.
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.
Table 19.12.030: Approval Authority
Type of Permit or DecisionA, B
Administrative
Design
Review
Planning
Commission
City
Council
Public
HearinNoticin
Public
Meetin
Comment
Noticin;;
Radius D
Posted
Expiration
Date E
Chapter/
FindingsCommittee
Site
Notice
Review
Period c
General Plan Amendment
Major F
R
F
PHCA.
Govt.
Code 65350-
65362
Yes
_
CA. Govt.
Code
65350-
65362
Minor c
-
-
R
F
PH
Yes
-
,Zoning Map Amendments
394\10\1620279.2
394\10\1620279.2
Public
Type of Permit or Decision ^.B
Administrative
Dem—
Review
Planning
Commission
CRY
Council
Hearin
Public
Meeting/
Comment
Noticing!
IN
Radius D
Posted
Expiration
Date E
Chapter/
Findings
Site
Notice
Review
Committee
Period c
Major F
-
-
R
F
PH
CA. Govt.
Code 65853
-65856
Yes
-
19.152.020
Minor G
-
-
R
F
PH
Yes
_
Zoning Text Amendments
CA. Govt.
-
-
R
F
PH
Code 65853
-65856
_
_
19.152.030
Specific Plans
CA. Govt.
20.04.030
-
-
R
F
PH
Code 65350-
-
-
65362
Development Agreements
CA. Govt.
19.144.120
-
-
R
F
PH
Code 65867
Yes
-
Development Permits
Major F. H
-
-
F/R
A1/F
PM
19.12.110/
300 '
Yes
2 years
19.156.050
Minor G
F
-
Al
A2
PM
Yes
2 years
Conditional Use Permits
Ma'or F.H,I
F
-
A1/F/R
Al/A2/F
PH
CA. Govt.
Code 65905
Yes
2 years
19.156.050
Minor G.I
F
-
Al/F/R
A1/A2/F
PH
Yes
2 years
Temporary
F
-
Al
A2
-
None
No
1 year
None
19.160.030
IDensity Bonus (Residential)
I
I
I R
F
I Based on concurrent application
19.52
394\10\1620279.2
394\10\1620279.2
Public
Type of Permit or DecisionA, s
Administrative
Design
Review
Committee
Planning
Commission
City
Council
HearinNoticin
Public
Meeting/
Comment
Noticing
Radius D
Posted
Expiration
Date E
Chapter/
Findings
Site
Notice
Review
Period c
Adult -Oriented Commercial
CA. Govt.
19.128.030
Activity (CUP)
-
R
F
PH
Code 65905/
Yes
2 years
&
300'
19.128.040
Architectural and Site Approval
Major J
F
-
Al
A2
PM
19.12.110/
Adjacent
Yes
2 years
19.168.030
Minor K
F
-
Al
A2
PM
Yes
2 years
Amendment
Major F. H
-
-
F
Al
PM/PH
19.12.110/
300'
Yes
2 years
19.44,
19.156,
19.164
Minor c
F
-
Al
A2
PM/PH
Yes
2 years
Minor Modification
F
-
Al
A2
-
None
No
2 years
19.164
Hillside Exception/ Height
Exception / Heart of the City
Exception I
-
-
F
Al
PH
19.12.110/
300'
Yes
2 years
19.40.080,
19.24.070,
19.136.090
Variance
F
-
Al
A2
PH
CA. Govt.
Code 65905
Yes
2 years
19.156.060
Status of non -conforming Use
-
-
F
Al
PH
19.12.110/
300'
Yes
_
19.140.110
Wireless Antennas
Depends on
19.136.090
F
-
F/ Al
A2
Varies I
application
e
Yes
2 years
Signs
Permits
F
-
Al
A2
-
None
No.
1 year
19.104
Neon, Reader board &
-
F
F
Al L
PM
19.12.110/
No
1 year
19.104
394\10\1620279.2
394\10\1620279.2
Public
Type of Permit or Decision a.B
Administrative
Design
Review
Plannin ?
Commission
C�
Council
HearinNoticin
Public
Meeting!
Comment
Noticing-
Radius D
Posted
Expiration
DE ate
Chapter/
Findings
Site
Notice
Review
Committee
Period c
Freeway Oriented Signs I
300'
Programs
F
-
Al
A2
-
None
No
1 year
19.104
Exceptions I
_
F
-
Al L
PM
19.12.110/
Adjacent
Yes
1 year
19.104.290
Parking Exceptions"
19.12.110/
19.124.050
F
F
Al
Al L /A2
Varies M
Adjacent/
Yes
1 year
300' N
Fence Exceptions
_
F
-
Al L
PM
19.12.110/
Adjacent
Yes
1 year
19.48.060
Front Yard Interpretation
F
-
Al
A2
PM
19.12.110/
Adjacent
Yes
1 year
19.08
R1 Ordinance Permits
Two-story
F
F
F/A1
Al L /A2
Varies I
19.12.110/
Adjacent
Yes
1 year
19.28.140
Minor Residential
F
-
Al
A2
CP
No
1 year
Exceptions I
-
F
-
Al L
PM
Yes
1 year
Protected Trees
Tree Removal
Adjacent/
F
-
Al
A2
CP
Depending
on type of
Yes
1 year
14.18.180
application
Heritage Tree Designation &
Removal
F
Al
PM
19.12.110/
300'
Yes
14.18
Tree Management Plan
F
-
Al
A2
-
None
No
-
14.18
Retroactive Tree Removal
F
-
Al
A2
-
None
No
-
14.18
Reasonable Accommodation
F
-
Al
A2
-
None
No
1 year
19.52.050
394\10\1620279.2
Key
R—Review and recommendation body
F — Final decision-making body unless appealed
Al —Appeal Body on first appeal
A2 — Appeal body on second appeal
PH - Public Hearing
Public
CP - Comment Period
Type of Permit or Decisionn s
Administrative
Design
Review
Committee
Planning
Commission
City
Council
HearinNoticin
Public
Meetingi
Comment
Noticing
Radius °
Posted
Expiration
Date E
Chapter/
Findings
Site
Notice
Review
Period c
Extensions °
Parking, Fence & Sign
Exceptions & Front Yard
F
-
Al
A2
-
None
No
1 year
Interpretations
Neon, Reader board &
Freeway Oriented Signs
F
Al
A2
-
None
No
1 year
Two Story Permits, Minor
Residential Permits and
F
Al
A2
-
None
No
1 year
Exceptions
Tree Removals
F
-
Al
A2
-
-
No
1 year
All other projects
F
-
Al
A2
-
19.12.110/
None
No
2 years
Key
R—Review and recommendation body
F — Final decision-making body unless appealed
Al —Appeal Body on first appeal
A2 — Appeal body on second appeal
PH - Public Hearing
PM - Public Meeting
CP - Comment Period
394\10\1620279.2
Notes:
A. Permits can be processed .concurrently with other applications, at the discretion of the
Director of Community Development.
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 - I 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 one-time extension.
394\10\1620279.2
ATTACHMENT IV
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:
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;
394\10\1620279.2
12/8/2014
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;
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;
394\10\1620279.2
12/8/2014
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.
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.
394\10\1620279.2
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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:
A. 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).
B. 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 conformance with applicable
California Government Code Sections, as may be amended from time to time, for applications
that need a public hearing.
B. Notice of Public Meeting: For projects requiring notice of a public meeting, notice shall be
provided in conformance with California Government Code Section 65091, as may be
amended from time to time, as follows%
1. 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;
b. Owner(s) of subject site or his or her authorized agent
c. Project applicant(s)
d. Any individual or entity that has filed a written request with the City Clerk requesting
notification of public hearings
e. Local agencies expected to provide water, sewage, streets, roads, schools or other
essential facilities or services to the proposed project;
2. If the number of owners to whom notice would be mailed or delivered pursuant to
subsection C1 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
(a)(4).
3. The notice shall contain information pursuant to Government Code Section 65094.
C. Notice of Comment Period: For projects requiring notice of a comment period, notice shall be
mailed in accord with 19.12.110C(1)(a)-(d), 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.
394\10\1620279.2
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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.
D. 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. Typographical and/or publishing errors shall not invalidate
the notice nor any City action related to the notice.
E. Posted Site Notice:
1. 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.
2. The notice shall be a weatherproof sign, at least 2 feet tall and 3 feet wide, firmly attached
to a 5 foot tall post.
3. The notice shall be placed the same number of days prior to the decision/public hearing as
required for the public hearing or mailed notices per Section 19.12.110 A — C and shall
remain in place until an action has been taken on the application and the appeal period
has passed.
4. The notice shall contain the following:
a. The general location of the property, by text or diagram;
b. A brief general 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.
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, Al, R1 and RHS Zones, the following activities:
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
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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.
394\10\1620279.2
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Table 19.12.030: Approval Authority
394\1 0\1 620279.2
Public
Type of Permit or Decision A,B
Administrative
Design
Review
Planning
Commission
C�
Council
Hearin
Public
]Vleetin
Comment
Noticin
Noticing
Radius D
Posted
Expiration
Date E
Chapter/
Findings
Site
Notice
Review
Committee
Period c
General Plan Amendment
Ma'orF
�
-
-
R
F
PH
CA. Govt.
Code 65350-
65362
Yes
-
CA. Govt.
Code
65350-
65362
Minor c
-
-
R
F
PH
Yes.
_
Zoning Map Amendments
Major F
-
-
R
F
PH
CA. Govt.
Code 65853
Yes
-
Minor c
-
-
R
F
PH
-65856
Yes
_
19.152.020
Zoning Text Amendments
CA. Govt.
-
-
R
F
PH
Code 65853
-65856
-
_
19.152.030
Specific Plans
CA. Govt.
20.04.030
-
-
R
F
PH
Code 65350=
-
-
65362
Development Agreements
CA. Govt.
19.144.120
-
-
R
F
PH
Code 65867
Yes
-
Develo ment Permits
Ma'or F, x
_
-
F/R
Al/F
PM
19.12.110/
300
Yes
2 years
19.156.050
Minorc
F
_
Al
A2
PM
Yes
2 years
394\1 0\1 620279.2
Type of Permit or Decision ^ B
Administrative
Design
Rev*ew
Planning
Commission
City
Council
Public
Hearin
Public
Meeting!Date
Comment
Noticing!
Noticin
Radius °
Posted
Expiration
E
Chapte r/
Findings
Site
Notice
Period c
Conditional Use Permits
Major F, H,1
F
-
A'/F/R
A'/A2/F
PH
CA. Govt.
65905
Yes
2 years
19.156.050
Minor c,'Code
F
-
A'/F/R
A'/A2/F
PH
Yes
2 years
Temporary
F
_
A'
A2
_
None
No
1 year
None
19.160.030
Density Bonus (Residential)
R
F
Based on concurrent application
19.52
Adult -Oriented Commercial
Activity (CUP)
-
R
F
PH
CA. Govt.
Code 65905/
300'
Yes
2 years
19.128.030
&
19.128.040
Architectural and Site Approval
Major J
F
-
A'
AZ
PM
19.12.110/
Adjacent
Yes
2 ears
19.168.030
Minor K
F
-
A'
A2
PM
Yes
1 2 years
Amendment
Major F, H
_
-
F
A'
PM/PH
19.12.110/
300'
Yes
2 years
19.44,
19.1 56
19.16464
Minor c
F
-
A'
A2
PM/PH
Yes
2 years
Minor Modification
F
-
A'
A2
-
None
No
2 years
19.164
Hillside Exception/ Height
Exception / Heart of the City
Exception '
-
-
F
A'
PH
19.12.110/
300'
Yes
2 years
19.40.080,
19.24.070,
19.136.090
VarianceCA.
F
-
A'
A2
PH
Govt.
Code 65905
Yes
2 years
19.156.060
Status of non -conforming Use
-
_
F
A'
PH
19.12.1'
9. 300' /
300'
Yes
_
19.140.110
394\10\1620279.2
394\10\1620279.2
Public
Type of Permit or Decision A,.B
Administrative
Design
Review
Planning
Commission
Qty
Council
Hearin
Public
Meeting!
Comment
Noticin
Noticing
Radius D
Posted
Expiration
Date E
Chapter/
Findings
Site
Notice
Review
Committee
Period c
Wireless Antennas I.
Depends on
19.136.090
F
-
F/ Al
Az
Varies I
apptliy'cpe
e
Yes
2 years
Signs .
Permits
F
-
Al
Az
-
None
No
1 year
19.104
Neon, Reader board &
FreewayOriented Signs I
-
F
F
Al L
PM
19.12.110/
300'
No
1 year
19.104
Programs
IF
-
Al
Az .
-
None
No
1 year
19.104
Exceptions I
-
F
-
Al L
PM
19.12.110/
Adjacent
Yes
1 year
19.104.290
Parking Exceptions I
19.12.110/
19.124.050
F
F
A'
AI L /A2
Varies M
Adjacent/
Yes
1 year
300' N
Fence Exceptions
-
F
-
Al L
PM
19.12.110/
Adjacent
Yes
1 year
19.48.060.
Front Yard Interpretation
F
-
Al
Az
PM
19.12.110/
Adjacent
Yes
1 year
19.08
R1 Ordinance Permits
Two-story I
F
F
F/A?
A' L /A2
Varies I
19.12.110/
Adjacent
Yes
1 year
19.28.140
Minor Residential
F
-
Al
A2
CP
No
1 year
Exceptions I
-
F
-
Al L
PM
Yes
1 year
Protected Trees ,
Tree Removal
-
F
-
Al
A2
CP
Adjacent/
_Adjacent/
Yes
1 year
14.18.180
394\10\1620279.2
Type of Permit or Decision A. B
Administrative
Design
Review
Committee
Planning
Commission
City
Council
Public
Hearin
Public
Meeting!
Comment
Noticin
Noticine
Radius D
Posted
Expiration
Date E
Chapter/
Findings
Site
Notice
Review
Period c
on type of
application
Heritage Tree Designation &
Removal
-
-
F
A1
PM
19.12.110/
300'
Yes
-
14.18
Tree Management Plan
F
-
A'
A2
-
None
No
-
14.18
Retroactive Tree Removal
F
-
A'
Az
-
None
No
-
14.18
Reasonable Accommodation
F
-
A'
Az
r -
None
No
1 year
19.52.050
Extensions
Parking, Fence & Sign
Exceptions & Front Yard
Interpretations
F
-
A'
Az
-
None
No
1 year
Neon, Reader board &
Freeway Oriented Signs
F
A'
AZ
-
None
No
1 year
Two Story Permits, Minor
Residential Permits and
Exceptions
F
A'
Az
-
None
No
1 year
Tree Removals
F
-
A'
Az
-
-
No
1 year
All other projects
F
-
A'
A2
-
19.12.110/
None
No
ears
2ears
2y
R—Review and recommendation body
F — Final decision-making body unless appealed
A' —Appeal Body on first appeal
A2 — Appeal body on second appeal
PH - Public Hearing
PM - Public Meeting
CP - Comment Period
394\10\1620279.2
Notes:
P. Permits can be processed concurrently with other applications, at the discretion of the
Director of Community Development.
Q. Projects with combined applications shall be processed at the highest level of approval in
conformance with Section 19.04.090.
R. 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.
S. Noticing Radius of an application in a combined application shall correspond to the
maximum noticing radius required for any one of the applications.
T. 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.)
U. 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
V. 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.
W. 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.
X. Please see specific zoning district regulations or chapters in this title that apply to the subject
property or project for approval authority.
Y. Major Architectural and Site Approval application - architectural and site approval for all
projects that are not a Minor Architectural and Site Approval application.
Z. 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.
AA. Appeals of Design Review Committee decisions shall be heard by the City Council.
BB.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.
CC. 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.
DD. Application must be filed prior to expiration date of permit. Permit is extended until
decision of the Approval Body on the one-time extension.
394\10\1620279.2
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:
H. 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;
I. 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;
J. 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;
K. 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.
L. 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.
M. 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.
N. 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:
C. 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;
D. 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:
E. 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;
F. 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;
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12/8/2014
G. Make recommendations to the City Council on applications in which it is a recommending
body;and
H. 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:
C. 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;
D. 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:
D. 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.
E. 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:
18. A complete legal description of the subject property and map showing the location of
the property for which the permit is sought;
19. A preliminary title report of the subject property;
20. 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;
21. Architectural drawings of the proposed development, building additions or other
structures. Drawings shall indicate building height, colors, materials, window treatment
and other architectural features;
22. Maps showing the locations of buildings;
23. Renderings showing building heights and square footages;
24. Maps showing the precise location of roads, streets, alleys and access points;
25. A traffic analysis, if required;
394\10\1620279.2
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26. A construction plan,
27. 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.
28. The Director of Community Development may reasonably require additional
information which is pertinent and essential to the application..
29. 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.
30. Planned Development Permit and Development Permit applications shall also include
information required per Section 19.156.010:
31. Conditional Use Permits and Variances shall also include information required per
Section 19.156.020.
32. Density Bonus Permit applications shall also include information required per Section
19.56.060.
33. Conversion of Apartment Projects to Common Interest Developments applications shall
also include information required per Section 19.116.050.
34. Sign Permit Applications should also include information required per Section
19.104.040.
F. Application shall be accompanied by the fee prescribed by City Council resolution, no part
of which shall be returnable to the applicant.
19.12.090 Action by Director.
Upon receipt of an application for a permit, the Director of Community Development shall:
C. Within thirty days determine whether the application is complete or needs additional
information and shall inform the applicant.
D. 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.
394\10\1620279.2
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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:
A. 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).
B. 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.
F. Notice of Public Hearing: Noticing shall be provided in conformance with applicable
California Government Code Sections, as may be amended from time to time, for
applications that need a public hearing.
G. Notice of Public Meeting: For projects requiring notice of a public meeting, notice shall be
provided in conformance with California Government Code Section 65091, as may be
amended from time to time, as follows%
1. 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;
b. Owner(s) of subject site or his or her authorized agent
c. Project applicant(s)
d. Any individual or entity that has filed a written request with the City Clerk
requesting notification of public hearings
e. Local agencies expected to provide water, sewage, streets, roads, schools or other
essential facilities or services to the proposed project;
2. If the number of owners to whom notice would be mailed or delivered pursuant to
subsection C1 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 (a)(4).
3. The notice shall contain information pursuant to Government Code Section 65094.
H. Notice of Comment Period: For projects requiring notice of a comment period, notice shall
be mailed in accord with 19.12.110C(1)(a)-(d), fourteen calendar days prior to the date of
action on the application.
3. 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.
394\10\1620279.2
12/8/2014
4. 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.
I. 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. Typographical and/or publishing errors shall
not invalidate the notice nor any City action related to the notice.
J. Posted Site Notice:
5. 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.
6. The notice shall be a weatherproof sign, at least 2 feet tall and 3 feet wide, firmly
attached to a'5 foot tall post.
7. The notice shall be placed the same number of days prior to the decision/public hearing
as required for the public hearing or mailed notices per Section 19.12.110 A — C and shall
remain in place until an action has been taken on the application and the appeal period
has passed.
8. The notice shall contain the following:
f. The general location of the property, by text or diagram;
g. A brief general description of the proposed project, the content of which shall be at
the sole discretion of the City;
h. City contact information for public inquiries;
L A deadline for the submission of public.comments;
j. 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.
394\10\1620279.2
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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.
B. No additional noticing is required if a project is continued.
C. 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.
394\10\1620279.2
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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.
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.
394\10\1620279.2
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3. City Council of a decision by the Planning Commission.
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
394\10\1620279.2
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longer time period is specifically prescribed in the conditions of permit or variance,
unless:
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 shallbe 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, one-time only, 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. Revocation
1. Process. 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:
L 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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ATTACHMENT V
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
P
P
-
-
-
-
-
following and similar uses:
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
-
-
-
-
-
Keeping of draft animals, animals providing products used on
P
P
-
-
-
-
-
e
the property,
Livestock ranches and dairy farms depending mainly on
CUP -
f
grazing on the property,
P
PC
-
-
-
CUP -
g.
Processing of dairy products produced on the property,
p
PC
-
-
-
-
-
P - CU
U
h.
Poultry raising and hatcheries,
P
PC
CUP-
i.
Apiaries,
P
PC
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Zoning Districts
A
A-1
R-1
RHS
R1C
R-2
R-3
Uses
CUP -PC
j.
Nurseries, greenhouses and landscaping gardens,
P
CUP -
U P-
CU
k.
Boarding kennels,
PC
1.
Animal breeding;
P
CUP —
-
-
-
-
-
Admin
2. Fur farms
-
CUP -
-
-
-
-
-
PC
3. Retail sale of wine, fruit or berries produced on the, property;
CUP -
CUP -
-
-
-
-
-
CC
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
CUP -
structure or structures will not result in privacy impacts,
PC
shadowing, or intrusive noise, odor, or other adverse impacts to
the surrounding area;
6. Em to ee housing:.
a.
For six or fewer employees in each dwelling unit on each lot
P
P
P
P
P
P
P
b.
With no more than 36 beds in group quarters or 12 units/ spaces
P
P
CUP -
designed for use by a single family or household on each lot
Admin.
7. A second dwelling unit
a.
Which conforms to the requirements of Chapter 19.112;
P
P
P
P
-
-
-
b.
Which requires a conditional use permit pursuant to Chapter
CUP —
CUP —
CUP —
CUP —
19.112;
Admin.
Admin.
Admin.
Admin.
8. , Multiple -family residential dwellings
-
-
-
-
-
-
P
9. Accessory facilities and uses customarily incidental to permitted
uses and otherwise conforming with the provisions of Chapter
P
P
P
P
P
P
P
19.100 of this title;
-75-
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Zoning Districts
A
A-7
R-1
RHS
R1C
R-2
R-3
Uses
10. Utility facilities essential to provision of utility services to the
CUP -
neighborhood but excluding business offices, construction or
P
P
P
P
P
I'
CC
storage yards, maintenance facilities, or corporationyards;
11. Temporary buildings for construction purposes (including
trailers) for a period not to exceed the duration of such
-
-
construction;
12. Home occupations;
a.
When accessory to permitted use and otherwise conforming to
P
P
P
P
P
P
I'
the provisions of Chapter 19.120 of this title;
b•
Requiring a Conditional Use Permit pursuant to Chapter 19.120
CUP -
CUP -
CUP -
CUP -
CUP -
CUP -
CUP -
of this title;
Admin.
Admin.
Admin.
Admin.
Admin.
Admin.
Admin.
13. Small -family day care home per dwelling unit;
P
P
P
P
P
P
P
14. arge-family day care home per dwelling unit;
a.
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.
P
P
P
P
P
P
CUP -
The Director of Community Development or his or her designee
Admin.
shall administratively approve large day care homes to ensure
compliance with the parking and proximity requirements;
b.
Which otherwise does not meet the criteria for a permitted use.
CUP -
CUP -
CUP -
CUP-
CUP -
CUP-
CUP -
The conditional use permit shall be processed as provided by
Admin.
Admin.
Admin.
Admin.
Admin.
Admin.
Admin.
CA Health and Safety Code Section 1597.46 (3);
15. Residential care facility with six or fewer residents, not including
the provider, provider family or staff , provided that the facility
P
I'
P
P
P
P
P
obtains any license, if required, issued by appropriate State
and/or County agencies and/or departments;
-76-
394\10\1620279.2
12/8/2014
Zoning Districts
-
A
A-1
R-1
RHS
R1C
R-2
R-3
Uses
16. Residential care facility, in each dwelling unit, with seven or
greater residents, not including the provider, provider family or
staff, and is a minimum distance of five hundred feet from the
CUP -
CUP -
CUP -
CUP -
CUP —
CUP -
CUP —
property boundary of another residential care facility, provided
PC
PC,
PC
PC
PC *
PC
PC
that the facility obtains any license, if required, issued by
appropriate State and/or County agencies and/or departments;
17. Con re ate residence, in each dwelling unit:
a•
With six or fewer residents
P
P
P
P
P
P
P
b.
With seven or greater residents which is a minimum distance of
one thousand feet from the boundary of another congregate
CUP —
CUP —
CUP —
CUP —
CUP —
CUP —
CUP —
residence and has a minimum of seventy-five square feet of
PC
PC
PC
PC
PC *
PC
PC
usable rear yard area per occupant
18. Transitional housing located in housing of a type permitted in
P
P
P
P
P
P
P
the zone;
19. Supportive housing located in housing of a type permitted in the
P
P
P
P
P
P
P
zone;
20. Horticulture, gardening, and growing of foodproducts:
a.
Recreational for personal use;
P
P
P
P
P
P
-
Limited to maximum of ten percent of the lot area and for
b'
_
P
consumption by occupants of the site;
Produce grown on site may be sold if the business activity is
c.
conducted in a manner consistent with Chapter 19.120, Home
-
-
-
P
-
-
-
Occupations;
CUP —
d.
Commercial purposes;
See #1
See #1
-
Admin.
21. Limited commercial recreation uses, such as riding clubs and
CUP -
-
-
related stables and trails, golf courses, swimming and picnic
-
-
-
PC
rounds,
CUP -
CUP -
-
-
L22. Golf courses and driving ranges;
CC
CC
-
-
-
-77-
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Zoning Districts
A
A-1
R-1
RHS
RIC
R-2
R-3
Uses
CUP -
CUP -
23. Commercial swimming pools and picnic areas;
CC
CC
24. Temporary uses subject to regulations established by Chapter
CUP -
CUP -
CUP -
CUP -
CUP -
CUP -
CUP -
19.156
Admin.
Admin.
Admin.
Admin.
Admin
Admin.
Admin.
25. Buildings or structures which incorporate solar design features
that require variation from setbacks upon a determination by the
CUP-
CUP-
CUP-
-
-
Director that the design feature, or features, will not result in
Admin.
Admin.
-
Admin.
-
privacy impacts, shadowing, or intrusive noise, odor, or other
adverse impacts to the surrounding area.
26. Transmission lines, transformer stations, television and radio
CUP -
CUP -
towers, and other public utility and communication structures;
PC
PC
27. Adult (over 4 months of age) household pets per dwelling unit,
limited as follows:
a.
Nospecified number
P
P
-
-
-
-
-
b.
Maximum of four, provided no more than two adult dogs or
-
_
p
_
P
P
P
cats may be kept on the site
C.
Limited to one per three thousandsquare feet of lot area, except:
1.
Dogs are limited to a maximum of two on lots less than one
acre and four for lots greater than one acre,
-
-
-
P t
-
-
-
2.
The number of geese, ducks, chickens, rabbits and other farm
animals are not limited on a site greater than one acre
28. Litter of dogs or cats up to four months of age:
a.
Nospecified number
P
P
-
P
-
-
-
b.
Maximum of one
-
-
P
-
P
P
P
29. Large animals, provided no animals are kept, maintained and
raised for commercial purposes, limited as follows:
See #1
See #1
-
P t
-
-
-
Two large animals for the first 40,000 square feet of land area,
a.
except mules and donkeys which require 80,000 square feet for
the first animal,
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Zoning Districts
A
A-1
R-1
RHS
R1C
R-2
R-3
Uses
One additional large. animal for each additional 20,000 square
b.
feet of land area,
One additional large animal if said animal is raised for a 4H
c.
project, a project sponsored by a recognized agricultural
organization or a school project,
30. The keeping of any animal not otherwise permitted above in #27,
CUP —
-
28, and 29;
-
-
-
Admin.
-
-
31. Riding academies, commercial stables, and the boarding of
CUP -
CUP,-
horses;
CC
CC
_
32. Noncommercial stables, and the keeping of riding horses:
a.
Limited to three horses on each lot at any time except that
P
P
-
-
-
-
-
additional foals may be retained fora period of six months;
b.
CUP —
CUP —
In excess of the number permitted in 32(a)
-
-
-
-
-
CC
CC
P-
CU
UP -
CUP UP
33. Cemeteries, crematoriums, mausolea, and columbariums
cc
_
_
_
CUP -
CUP -
34. Mines, quarries and gravel pits;
CC
CC
-
-
-
-
-
CUP-
CUP-
35. Guest ranches; � -
CC
_
_CC
CUP -
CUP -cc
36. Public and quasi-public buildings and uses..
CC
-
-
-
-
-
37. Hog farms;
Ex
Ex
-
-
-
-
-
38. Cattle farms mainly depending upon feed brought onto the
Ex
Ex
-
-
-
-
property;
39. Slaughterhouses, fertilizer yards, feed yards, boneyards or plants
Ex
Ex
-
-
-
-
for the reduction of animal matter;
40. Commercial feed sales;
Ex
Ex
-
-
-
-
-
-79-
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Zoning Districts
A
A-1
R-7
RHS
RIC
P-2
P-3
Uses
41. Other semiagricultural uses mainly depending upon raw
materials, semifinished products, or feed brought on to the
Ex
Ex
-
-
-
-
-
property;
42. Other agricultural uses which, in the opinion of the Director of
Community Development, Develo ment, 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,
t 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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ATTACHMENT VI
CHAPTER 19.56: DENSITY BONUS
Section
19.56.010
Purpose.
19.56.020
Applicability of Regulations.
19.56.030
Density Bonus.
19.56.040
Incentives/Concessions.
19.56.050
General Requirements.
19.56.060
Application Requirements.
19.56.070
Findings.
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 agency shall
adopt an ordinance specifying how the agency will comply with that section. .
19.56.020 Applicability of Regulations.
A. Housing developments resulting in a net increase of at least five units (excluding density
bonus units) are eligible for a density bonus as provided in this chapter, when the applicant
for the housing development agrees or proposes at least one of the following:
1. Construct:
a. Ten percent of the total units affordable to lower income households at affordable
rent or affordable housing cost; or
b. Five percent of the total units affordable to very low income households at affordable
rent or affordable housing cost; or
c. Ten percent of the total units proposed in a common interest development for sale to
moderate income households, provided that all units in the development are offered
to the public for purchase; or
d. A senior citizen housing development.
2. Donate land in accordance with Section 19.56.030C;
3. Provide affordable housing in a condominium conversion project in accordance with
Section 19.56.030E.
B. In addition to meeting the requirements of 19.56.020A, housing developments which
include a child care facility in accordance with Section 19.56.030D, is entitle to an additional
density bonus;
C. An applicant may also submit a proposal for specific incentives or concessions to be granted
in conjunction with the density bonus, as provided in Section 19.56.040;
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D. The granting of a density bonus, incentive or concession, in and of itself, shall not require a
general plan amendment, zone change, or other discretionary approval and shall be
reviewed concurrently with the review of the housing development.
19.56.030 Density Bonus
A. Housing developments that meet the criteria in Section 19.56.020A(1) are eligible for a
maximum density bonus as set forth in Table 19.56.030.
Table 19.56.030: Density Bonus Calculations
Percentage of Affordable Units
Provided in Income Category
Very Low Income
Units
Low Income
Units
Moderate Income
Units
5%
20%
-
-
6%
22.5%
-
-
7%
25%
-
-
8%
27.5%
-
-
9%
30%
-
-
10%
32.5%
20%
5%
11%
35%
22%
6%
12%
35%
23%
7%
13%
35%
25%
8%
14%
35%
26%
9%
15%
35%
28%
10%
16%
35%
29%
11%
17%
35%
31%
12%
18%
35%
32%
13%
19%
35%
34%
14%
20%
35%
35%
15%
21%
35%
35%
16%
22%
35%
35%
17%
23%
35%
35%
18%
24%
35%
35%
19%
25%
35%
35%
20%
26%
35%
35%
21%
27%
35%
35%
22%
28%
35%
35%
23%
29%
35%
35%
24%
30%
35%
35%
25%
31%
35%
35%
26%
32%
35%
35%
27%
33%
35%
35%
28%
34%
35%
35%
29%
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Percentage of Affordable Units
Provided in Income Category
Very Low Income
Units
Low Income
Units
Moderate Income
Units
35%
35%
35%
30%
36%
35%
35%
31%
37%
35%
35%.
32%
38%
35%
35%
33%
39%
35%
35%
34%
40%
35%
1 35%
35%
B. Senior housing developments are entitled to a maximum density bonus of 20 percent
provided the development comprises of at .least 35 units, conforms with Civil Code Section
51.3 and the units are reserved for qualifying residents. The development does not have to
provide affordable units.
C. Donation of Land:
1. When an applicant donates land to the City in accordance with the requirements of
Section 19.56.020C(2), the development shall be entitled to a 15 percent density bonus.
The development is entitled to an additional one percent density bonus for the donation
of land that would allow the development of an additional one percent of affordable
units above the minimum, requirements in Section 19.56.020C(2), up to a maximum of 35
percent.
2. The donation of land must meet the following requirements:
a. The land shall be donated and transferred no later than the date of approval of the
application.
b. The developable acreage and zoning classification of the land being transferred are
sufficient to permit construction of units affordable to very low income households in
an amount not less than 10 percent of the number of residential units of the proposed
development.
c. The transferred land is at least one acre in size or of sufficient size to permit
development of at least 40 units, has the appropriate General Plan designation, is
appropriately zoned with appropriate development standards for development at the
density described in Government Code Section 65583.2(c)(3), and is or will be served
by adequate public facilities and infrastructure.
d. The transferred land shall have all .of the permits and approvals, other than building
permits, necessary for the development of the very low income housing units on the
transferred land not later than the date of approval of the final subdivision map,
parcel map, or residential development application, except that the City may subject
the proposed development to subsequent design review to the extent authorized by
Government Code Section 65583.2(i) if the design is not reviewed by the City prior to
the time of transfer. .
EN
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e. The land shall be transferred to the City or to a housing developer approved by the
City. The City may require the applicant to identify and transfer the land to the
developer.
The transferred land shall be within the boundary of the proposed development or, if
the City agrees, within one-quarter mile of the boundary of the proposed
development.
g. A proposed source of funding for the very low income units shall be identified not
later than the date of approval of the proposed development.
h. The transferred land and the affordable units shall be subject to a deed restriction
ensuring continued affordability of the units consistent with Government Code
Section 65915(c)(1) or (2), as applicable.
D. Provision of Child Day Care Facilities
1. When a housing development is proposed that contains affordable housing as provided
in Section 19.56.030A and includes a child day care facility that will be located on the
premises of, as part of, or adjacent to, the project, the City shall grant either of the
following, except as specifically stated elsewhere:
a. An additional density bonus in residential square footage that is equal to or greater
than the square footage of the child day care facility.
b. An additional concession or incentive that contributes significantly to the economic
feasibility of the construction of the child day care facility in accordance with Section
19.56.040.
2. The City shall also require that as a condition of approving the housing development:
a. The child day care facility shall remain in operation for a period of time that is as long
as or longer than the period of time during which the affordable units are required to
remain affordable.
b. Of the children who attend the child day care facility, the children of very low income
households, lower income households, or families of moderate income shall equal a
percentage that is equal to or greater than the percentage of dwelling units that are
required for very low income households, lower income households, or families of
moderate income.
3. Notwithstanding any requirement of this subdivision, the City shall not be required to
provide a density bonus or concession for a child day care facility if the City finds, based
upon substantial evidence, that the community has adequate child day care facilities.
E. Condominium Conversions
When an applicant for approval to convert apartments to a condominium project agrees
to provide at least 33 percent of the total units of the proposed condominium project to
low or moderate income households, or 15 percent of the total units of the proposed
condominium project to lower income households, and agrees to pay for the reasonably
necessary administrative costs incurred by the City, the City shall either:
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a. Grant a density bonus of 25 percent over ,the number of apartments to be provided
within the existing structure or structures proposed for conversion; or
b. Provide other incentives of equivalent financial value. This shall not require the City
to provide cash transfer payments or other monetary compensation but may include
the reduction or waiver of requirements which the City might otherwise apply as
conditions of conversion approval.
2. The City may place such reasonable conditions on the granting of a density bonus or
other incentives of equivalent financial value as the City finds appropriate, including but
not limited to, conditions which assure continued affordability of units to subsequent
purchasers who are persons and families of low and moderate income or lower income
households.
3. An application shall be ineligible for a density bonus or other incentives under this
section if the apartments proposed for conversion constitute a housing development for
which a density bonus or other incentives were previously provided under Government
Code Section 65915.
4. Nothing in this section shall be construed, to require the City to approve a proposal to
convert apartments to condominiums.
F. Density Bonus Calculations:
1. A density bonus may be selected from only one income or development category listed
above, except that density bonuses for land donation may be combined with others, up to
a maximum of 35 percent, and an additional square -foot bonus may be granted for a
child day care facility as provided in Section 19.56.030C.
2. In determining the number of density bonus units to be granted, any fractions of density
bonus units shall be rounded up to the next whole number.
3. Density bonus units authorized by this section shall not be included when determining
the number of affordable units, required to qualify for the density bonus. In determining
the number of affordable units, any fractions of affordable units shall be rounded up to
the next whole number.
4. An applicant may request a lower. density bonus than the housing development is
entitled to, but no reduction will be permitted in the percentage of required affordable
units as shown in Section 19.56.020.
5. Regardless of the affordable units, no housing development will be entitled to a density
bonus of more than 35 percent unless approved by the City pursuant to Section
19.56.030F(7).
6. The City, at its discretion, may grant additional density bonuses. While the maximum
density bonus, the City is required to provide pursuant to State Law, is thirty-five (35)
percent; this is not the maximum amount that an applicant may obtain. An applicant may
negotiate with the City to obtain a density bonus higher than the maximum set forth in
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Table 19.56.030 in exchange for including even more affordable units than are provided
in the table and/or the provision of other amenities or considerations.
7. 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.
19.56.040 Incentives and Concessions.
A. A housing development is eligible for Incentives and Concessions as shown in Table
19.56.040A. Incentives and Concessions must be selected from only one category (very low,
low, or moderate). No incentives are available for land donation or for a senior citizen
housing development that is not affordable. Condominium conversions and day care
centers may have one incentive or a density bonus, at the City's option, but not both.
Table 19.56.040A: Incentives and Concessions Calculations:
Unit Type
Percent of
Affordable Units
Number of
Incentives/Concessions
Very Low Income
Units
5% or eater
1
10% or greater
2
15% or greater
3
Low Income Units
10% or greater
1
20% or greater
2
30% or greater
3
Moderate Income
Units
10% or greater
1
20% or greater
2
30% or greater
3
B. For purposes of this chapter, permissible concessions and incentives include, but are not
limited to:
1. A reduction of development standards or a modification of zoning code requirements or
architectural design requirements that exceed the minimum building standards approved
by the California Building Standards Commission as provided in Part 2.5 (commencing
with Section 18901) of Division 13 of the Health and Safety Code, including but not
limited to, a reduction in setback requirements, square footage or parking requirements,
such that the reduction or modification results in identifiable, financially sufficient, and
actual cost reductions.
2. 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 or planned development in the area where the proposed housing
project will be located;
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3. Other regulatory incentives or concessions proposed by the developer or the City, which
result in identifiable financially sufficient and actual cost reductions.
C. Nothing in this section requires the provision of direct financial incentives for the housing
development, including but not limited to the provision of financial subsidies, publicly
owned land by the City or the waiver of fees or dedication requirements. The City, at its sole
discretion, may choose to provide such direct financial incentives;
D. An applicant may submit to the City a proposal for the waiver or reduction of development
standards that will have the effect of physically precluding the construction of a
development meeting the criteria outlined in Section 19.56.020 at the densities or with the
concessions or incentives permitted under this chapter. A proposal for the waiver or
reduction of development standards shall neither reduce nor increase the number of
incentives or concessions to which the applicant is entitled. The applicant shall bear the
burden of demonstrating that the development standards that are requested to be waived
will have the effect of physically precluding the construction of the housing development
with the density bonuses and incentives.
E. If the housing development is eligible for density bonus as provided in Section 19.56.020,
upon request of the applicant, the maximum off-street parking standards that can be
applied, inclusive of handicapped and guest parking are indicated in Table 19.56.040B.
These may include tandem and uncovered parking spaces.
Table 19.56.04013: Off-street parking standards with
Number of bedrooms
Maximum number of off-street parking spaces
0-1
One (1)
2-3
Two (2)
4+
Two and one-half (2.5)
F. A housing development which requests incentives or concessions must show that the
requested concessions are required to provide for affordable rents or affordable housing
costs, as applicable.
19.56.050 General Requirements.
A. Affordable for -sale and rental low and very low income units must remain affordable to low
or very low income households, as applicable, for thirty years or for a longer period of time
if required by a construction or mortgage financing assistance program, mortgage insurance
program, or rental subsidy program. Affordable for -sale moderate income units must
remain affordable to moderate -income households for the duration required by the City's
Residential Housing Mitigation Program or for a longer period of time if required by a
construction or mortgage financing assistance program, mortgage insurance program, or
rental subsidy program. Sales price for for -sale affordable very low, low, and moderate
income units shall be set at affordable housing cost. Rents for affordable low and very low
income rental units shall be set at an affordable rent.
Im
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B. The affordable dwelling units and land dedication that qualify a housing development for a
density bonus may also be used to meet the below -market -rate housing provisions of the
City's Residential Housing Mitigation Program, provided that the affordable units and land
dedication comply with the requirements of both Chapter 19.56, Density Bonus, and the
Residential Housing Mitigation Program regarding the required number of affordable units,
required level of affordability, and term of affordability so as to provide the greatest
affordability to the most households for the longest term.
C. Unless otherwise governed by other funding sources, 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.
D. 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. The regulatory agreement shall
be recorded against the housing development prior to final or parcel map approval or,
where a map is not being processed, prior to issuance of any building permits, and shall be
binding on all future owners and successors in interest.
E. Affordable units in a project and phases of a project shall be constructed concurrently with
or prior to the construction of market -rate units.
F. Affordable units shall be provided as follows:
1. Affordable units shall be dispersed throughout the project;
2. Affordable units shall be identical with the design of any market rate rental units in the
project with the exception that a reduction of interior amenities for affordable units will
be permitted upon prior approval by the City Council as necessary to retain project
affordability.
G. The developer shall submit a project financial report (pro forma) demonstrating that the
requested incentives or concessions are required to provide for affordable rents or
affordable housing costs, as applicable. 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.
H. All affordable units shall be occupied by the household type specified in the written
agreement required under Section 19.52.050C. 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.
I. Prior to the rental or sale of any affordable unit, the City or its designee, shall verify the
eligibility of the prospective tenant or buyer.
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J. The City may establish fees associated with the setting up and monitoring of affordable
units.
K. For rental affordable very low and low income units:
1. 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.
2. 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.
3. 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.
19.56.060 Application Requirements.
A. An applicant may submit a preliminary proposal for housing development pursuant to this
chapter prior to the submittal of any formal application.
B. All requests pursuant to this Chapter shall be submitted to the City concurrently with the
application for the first discretionary permit or other permit required for the housing
development and shall be process concurrently with the discretionary application following
the review process as set forth for permits in Chapter 19.12, Administration of the Cupertino
Municipal Code established by the City. The applicant shall provide additional information
as specified in this chapter, specifically:
1. Provide a written statement specifying the desired density increase, incentives and any
waivers requested, proposed rent schedules and/or sales prices, and the type, location,
size and construction scheduling of all dwelling units;
2. Submit a project financial report (pro forma) demonstrating that the requested
incentives will result in identifiable, financially sufficient, and actual cost reductions to
the housing development and they are required to provide for affordable rents or
affordable housing costs, as applicable. The pro forma shall include the capital costs,
operating expenses, return on investment, loan -to -value ratio and the debt coverage
ratio including the contribution(s) provided by any applicable subsidy program(s), as
required;
3. An appraisal report indicating the value of the density bonus and of the
incentive(s)/concession(s);
:•
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4. A use of funds statement identifying the financial gaps for the housing development
with the affordable housing units. The analysis shall show how the funding gap relates
to the incentive(s)/concession(s);
5. For any requested waiver of a development standard, evidence that the development
standard for which the waiver is requested will have the effect of physically precluding
the construction of the housing development with the density bonus and incentives
requested.
6. If a mixed use building or project is proposed as an incentive, evidence that non-
residential land uses will reduce the cost of the housing development and that the non-
residential land uses are compatible with the development and the existing or planned
development in the area.
7. If a density bonus is requested for a land donation, the location of the land to be
dedicated, proof of site control, and evidence that each of the requirements included in
Section 19.56.030C can be met.
8. If a density bonus or incentive is requested for a child care facility, evidence that all of
the requirements in Section 19.56.030D can be met.
9. If a density bonus or incentive is requested for a condominium conversion, evidence that
all of the requirements in Section 19.56.030E can be met.
10. Any other information requested by the Director of Community Development to
determine if the required findings can be made.
19.56.070 Findings.
A. Before approving an application that includes a request for a density bonus, incentive,
parking reduction and/or waiver pursuant this chapter, the decision-making body shall
make the following findings, as applicable:
1. A finding that the residential project is eligible for the density bonus and any incentives,
parking reductions or waivers requested.
2. A finding that any requested incentive will result in identifiable, financially sufficient,
and actual cost reductions based upon the financial analysis and documentation
provided.
3. If the density bonus is based all or in part on donation of land, a finding that all the
requirements included in Section 19.56.030C have been met.
4. If the density bonus or incentive is based all or in part on the inclusion of a child care
facility, a finding that all the requirements included in Section 19.56.030D have been
met.
5. If the density bonus or incentive is based on a condominium conversion, a finding that
all the requirements included in Section 19.56.030E have been met.
6. If the incentive includes mixed-use development, a finding that all the requirements
included in Section 19.56.040B(2) have been met.
.=
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7. If a waiver is requested, a finding that the development standards for which the waiver
is requested would have the effect of physically precluding the construction of the
housing development with the density bonus and incentives permitted.
B. If the findings required by subsection (A) of this section can be made, the decision-making
body may deny an application for an incentive or waiver requested pursuant to Section
19.56.040 only if it makes one of the following written findings as applicable to each type of
application, supported by substantial evidence:
1. That the incentive is not required to provide for affordable rents or affordable sales
prices; or
2. That the incentive or waiver would have an adverse impact on real property listed in the
California Register of Historic Resources; or
3. That the incentive or waiver would have a specific, adverse impact upon public health
or safety or the physical environment, and there is no feasible method to satisfactorily
mitigate or avoid the specific adverse impact without rendering the residential project
unaffordable to low and moderate income households. For the purpose of this
subsection, "specific adverse impact" means a significant, quantifiable, direct, and
unavoidable impact, based on objective, identified, written public health or safety
standards, policies, or conditions as they existed on the date that the application for the
residential project was deemed complete; or
4. That the incentive or waiver is contrary to state or federal law.
C. If the findings required by subsection (A) of this section can be made, the decision-making
body may deny an application for a density bonus or incentive that is based on the
provision of child care only if it makes a written finding, based on substantial evidence, that
the city already has adequate child care facilities.
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ATTACHMENT VII
CHAPTER 19.76: PUBLIC BUILDING (BA), QUASI PUBLIC BUILDING (BQ)
ANDTRANSPORTATION (T) ZONES
Section
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.
19.64.050 Application Requirements.
19.64.060 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.
19.76.020 Applicability of Regulations.
The specific regulations of this chapter shall apply to all BA, BQ and T zoning districts.
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
P
district created for public purposes under the laws of the State of
California are permitted in a BA zone.
2. Rotating emergency 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.;
-
P
d. Adequate supervision is provided;
e. Fire safety regulations are met; and
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:
-
P
-
a. Section 19.76.030(2)(b),(d), (e);
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Zoning Districts
BA
BQ
T
Uses
b. A management plan is provided which includes a detailed
operation plan;
c. Shelter is available to any individual or household regardless
of their ability to pay; and
d. Occupancy is limited to six months or less.
4. Public utility companies regulated by the Public Utility
Commission for uses restricted to administrative and office
buildings, communication equipment buildings, including
_
CUP -
-
parking, landscaping and maintenance within an enclosed area or
PC
storage yard;
5. Religious, civic, and comparable organizations, for uses restricted
to church buildings, community halls, administrative buildings,
schoolrooms, recreational. facilities, and athletic fields, convents,
-
CUP
seminaries, and similar uses customarily associated with churches,
- PC
including parking and landscaping areas;
6. Child care facility, residential care facilities, congregate residence,
CUP
hospitals, vocational andspecialized schools;
- PC
7. Lodges, clubs, country clubs, including accessory uses such as
swimming pools, picnic areas, golf courses, driving tees or ranges,
CUP
miniature golf courses (all uses to be restricted to members of the,
- PC
above organizations and their guests);
8. Large -family daycare home;
_
CUP-
PC
9. Airports, airfields and helicopter terminals, including
administration and service buildings, maintenance and storage
_
_
CUP.
yards
- PC
10. Railroads, including terminals and stations, freight yards,
marshaling yards, storage yards, administrative and service,
-
-
CUP
buildings
- PC
11. Bus terminals and stations, including administration and service
CUP
buildings, maintenance and storage yards
-P
12. Freeways, expressways, and other roads with limited or controlled
CUP
access, including administrative buildings and maintenance yards
- 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
Ex - Excluded Uses
.394\10\1620279.2
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,394\10\1620279.2 93
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.
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.
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.
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ATTACHMENT VIII
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)."
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 other permitted uses in a P(CG) zoning district are the same uses which are
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permitted in a CG zoning district. For sites with a mixed-use residential designation,
Section 19.80.030.17 shall apply.
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 T." For example, the other 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. For sites
with a mixed-use residential designation, Section 19.80.030.17 shall apply.
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.
F. For sites with a mixed-use residential designation the following shall apply:
1. For sites in the Monta Vista Village Special Area, residential shall be a permitted use.
2. If a site is listed as a Priority Housing Site in the City's adopted Housing Element of the
General Plan, then residential development that does not exceed the number of units
designated for the site in the Housing Element shall be a permitted use.
3. Residential development on sites not designated as Priority Housing Sites in the City's
adopted Housing Element of the General Plan and residential development on a Priority
Housing Site that exceeds the number of units designated for that Priority Housing Site
shall be a conditional use.
4. Priority Housing Sites shall be shown on the City's zoning map.
G. For sites which require a specific plan prior to development approval, the permitted and
conditional uses shall be as shown in the specific plan.
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, at the time of the application, submit to the Director of Community
Development a conceptual development plan, which shall include:
1. A general 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.
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1. Applications for the zoning, prezoning or rezoning of property shall be processed in the
manner prescribed in Chapter 19.152.
C. Findings. No such ordinance may be adopted unless, in addition to making the findings
required by Chapter 19.152, 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 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.
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ATTACHMENT IX
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
P
P
-
similar activities
B. Minor maintenance of vegetation such as mowing or trimming
P
P
P
C. Incidental gardening
P
P
P
D. The erection or maintenance of minor structures, such as fences, gates, culverts and drainage
P
P
P
ditches.
E. Any legal nonconforming use as provided for in Chapter 19.140 of the City's Ordinance Code
P
P
P
F. Temporary uses subject to regulations established by Chapter 19.160
Admin
P
C P-
in
G. Noncommercial stables for riding horses
CUP—
Admin
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Zoning Districts
Uses
OS
PR
FP
H. Artificial or constructed pools, ponds, lakes or streams
P
C
Admin
PC
I. Playgrounds
P
C
Admin
� PC
J. Any other use which is compatible with open space or park and recreation and otherwise is in
CUP -
-
conformance with the purposes of the OS or PR zoning districts
Admin
P
K. Parks, and recreation facilities, as regulated by Title 13 of this code
-
P
L. Agricultural activities for educational and recreational purposes, such as community
-
gardens and hobby farms
-
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
P
P
O. Parking facilities as necessary for park usage
-
P
P. Outdoor Uses:
1. Equestrian center including riding academies, stables and horse rental,
-
-
CUP –
2. Practice range for archery or firearms,
PC
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,
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Zoning Districts
Uses
OS
PR
FP
e. Waterslide,
-
-
CUP —
9. Commercial athletic field for one or more of the following or similar uses:
PC
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,
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,
-
-
CUP -
13. Other outdoor recreation uses which are found by the Director of Community Development
PC
to be of similar intensity and characteristics of use to those enumerated in this subdivision;
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,
_
_
CUP-
d. Martial arts,
PC
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.
-100-
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Zoning Districts
OS
PR
FP
Uses
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
CUP -
principal use permit,
PC
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.
S. Card Clubs and similar businesses operating ames of chance
-
-
Ex
T. Nightclubs
-
-
Ex
U. Other uses which are found by the Director of Community Development to be in conflict with
_
-
Ex
the objective of the FP zoning district
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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-101-
ATTACHMENT X
CHAPTER 19.144: DEVELOPMENT AGREEMENTS
Section
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 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
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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.
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.
19.144.030 Authority for Adoption.
This chapter is adopted under the authority of Government Code Sections 65864 through
65869.5.
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.
19.144.050 Qualification as an Applicant.
Only a qualified applicant may file an application to enter into a development agreement. The
Director of Community Development shall 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.
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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;
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;
L. 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.
M. Information required in accord with Section 19.140.070, Content of a Development
Agreement;
N. Any other relevant information which may be deemed necessary by the Director of
Community Development pursuant to this chapter.
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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.
E. Community Benefits: At the discretion of the City Council, additional heights over the base
height standard in gateways and nodes may be approved up to the maximum heights as
shown in the General Plan Community Form Diagram (Fig. LU -1 of the General Plan) in
conformance with the Community Benefits Program.
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:
B. Is consistent with the objectives, policies, general land uses and programs specified in the
General plan and any applicable specific plan;
C. 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;
D. Is in conformity with and will promote public convenience, general welfare and good land
use practice;
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E. Will not be detrimental to the health, safety and general welfare;
F. Will not adversely affect the orderly development of property or the preservation of
property values; and
G. Will promote and encourage the development of the proposed project by providing a
greater degree of requisite certainty.
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 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.
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.
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.
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
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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.
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.
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.
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.
B. 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.
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 previously approved by the City or under construction at the time of termination, but
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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.
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.
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.
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 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.
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
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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.
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.
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.
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ATTACHMENT XI
CHAPTER 19.172: BELOW MARKET RATE HOUSING PROGRAM
Section
19.172.030 BMR Program Administration
19.172.010 Purpose
19.172.020 Below Market Rate (BMR) Housing Program Requirements
19.172.030 BMR Program Administration
19.172.010 Purpose
The purpose of this chapter is to:
A. Encourage the development and availability of housing affordable to a broad range of
households with varying income levels within the city as mandated by State Law, California
Government Code Sections 65580 and the City of Cupertino's General Plan, including its
Housing Element.
B. Promote the city's goal to add affordable housing units to the city's housing stock in
proportion to the overall increase in new jobs and market rate housing units.
C. Mitigate the need for affordable housing created by new market -rate housing development
and ensure that market -rate housing development does not utilize all land available in the
city for affordable housing.
D. Mitigate environmental and other impacts that accompany new residential and commercial
development by protecting the economic diversity of the city's housing stock, with the goal
of reducing traffic, transit and related air quality impacts, promoting jobs/housing balance
and reducing the demands placed on transportation infrastructure in the region.
E. Increase the supply of for -sale and rental housing for families and individuals employed in
Cupertino whose incomes are insufficient to afford market rate housing. Since the historical
rate of production of affordable housing in the city, by private developers is very low, the
BMR program is essential to meet the city's need for affordable housing.
19.172.020 Below Market Rate (BMR) Housing Program Requirements
A. Developers of housing development projects must comply with the requirements set forth
in Residential Housing Mitigation Program of the City of Cupertino's Housing Element of
the General Plan.
B. To the extent permitted by law, the City's objective is to obtain actual affordable housing
units within each development rather than off-site units or mitigation fee payments.
Provision of off-site units, land donation, or payment of Housing Mitigation Fees may only
be permitted as specified in the Residential Housing Mitigation Program rules and
regulations.
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19.172.030 BMR Program Administration
A. The City Council shall adopt rules and regulations consistent with the provisions of this
chapter and the Housing Element for the purpose of carrying out the administration of the
Residential Housing Mitigation Program. Such rules and regulations shall address, but are
not limited to, program eligibility requirements, affordable housing cost, income limits,
preferences for housing applicants, minimum occupancy limits, waiting list procedures,
buyer selection procedures, methodology for the calculation of affordable housing cost and
affordable rent, resale restrictions and reasonable accommodations for disable applicants.
The rules and regulations shall also address Residential Housing Mitigation Program
components such as the provision of rental BMR units in for -sale housing developments or
off-site BMR units. A copy of such policies, rules and regulations shall be on file and
available for public examination in the office of the city clerk.
B. Failure or refusal to comply with any such rules, regulations or agreements promulgated
under this section shall be deemed a violation of this chapter.
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STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, GRACE SCHMIDT, 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. 14-2125, which was
enacted on December 16, 2014, 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 I 1Lday of December, 2014.
GRACE SCHMIDT, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California
Ordinance Certificate