CC Ordinance No. 16-2159 Amending Title 19, Zoning, Including but Not Limited to Chapter 19.08 (Definitions), Chapter 19.20 (Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones)....ORDINANCE NO. 16-2159
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING TITLE 19, ZONING, OF THE CUPERTINO MUNICIPAL CODE
INCLUDING BUT NOT LIMITED TO CHAPTER 19.08 (DEFINITIONS), CHAPTER
19.20 (PERMITTED, CONDITIONAL AND EXCLUDED USES IN AGRICULTURAL
AND RESIDENTIAL ZONES), CHAPTER 19.24 (AGRICULTURAL (A) AND
AGRICULTURAL -RESIDENTIAL (A-1) ZONES), CHAPTER 19.32 (RESIDENTIAL
DUPLEX (R-2) ZONES), CHAPTER 19.52 (REASONABLE ACCOMMODATION),
AND CHAPTER 19.112 (SECOND DWELLING UNITS IN R-1, RHS, A AND A-1
ZONES), IN RESPONSE TO RECENTLY ADOPTED STATE LEGISLATION
REGARDING ACCESSORY DWELLING UNITS FOR COMPLIANCE WITH STATE
LAW, AND FOR INTERNAL CONSISTENCY
WHEREAS, this Ordinance is determined to be not a project under the r e quirements of
the California Quality Act of 1970, together with related State CEQA Guidelines
(collectively, "CEQA") in that proposed Ordinance is not a project within the meaning
of section 15378 of the California Environmental Quality Act ("CEQA") Guidelines
because it has no potential for resulting in physical change in the environment, either
dire ctl y or ultimately. In the event that this Ordinance is found to be a project under
CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section
15061(b)(3) because it can be seen with certainty to have no possibility of a significant
effect on the environment.
WHEREAS, the City Council is the decision-making body for this Ordinance; and
WHEREAS, the City Council before taking action on thi s Ordinance has reviewed the
not a project d e termination and exemption, and using its independent judgment,
determines the Ordinance to be not a project or exempt from CEQA as stated above;
NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO
DOES ORDAIN AS FOLLOWS:
Ordinance No. 16-2159
Page2
SECTION 1. Section 19.08.030 (a), "' A' Definitions", of Chapter 19.08 of Title 19 of
the Cupertino Municipal Code is hereby amended to read as follows:
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 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. An accessory dwelling unit also
includes the following:
1. An efficiency unit, as defined in Section 17958.1 of Health and Safety Code.
2. A manufactured home, as defined in Section 18007 of the Health and Safety Code.
"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,
Ordinance No. 16-2159
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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:
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 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.
"Affordable units" means housing units available at affordable rent or affordable
housing cost to lower or moderate income households.
"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
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buildings or structures on a site, or substantial change in appearances of any building or
structure.
1. "Incidental alteration" means any alteration to interior partitions or interior
supporting members of a structure which does not increase the structural strength of
the structure; any alteration to electrical, plumbing, heating, air conditioning,
ventilating, or other utility services, fixtures, or appliances; any addition, closing, or
change in size of doors or windows in the exterior walls; or any replacement of a
building facade which does not increase the structural strength of the structure.
2. "Structural alteration" means any alteration not deemed an incidental alteration.
"Amusement park" means a commercial facility which supplies various forms of indoor
and outdoor entertainment and refreshments.
Animal:
1. Animal, Adult. "Adult animal" means any animal four months of age or older.
2. Animal, Large. "Large animal" means any equine, bovine, sheep, goat or swine or
similar domestic or wild animal, as determined by the Planning Commission.
3. Animal, Small. "Small animal" means animals which are commonly found in single-
family residential areas such as chickens, ducks, geese, rabbits, dogs, cats, etc.
"Animal care" means a use providing grooming, housing, medical care, or other
services to animals, including veterinary services, animal hospitals, overnight or short-
term boarding ancillary to veterinary care, indoor or outdoor kennels, and similar
services.
"Apartment" means a room or a suite of two or more rooms which is designed for,
intended for, and occupied by one family doing its cooking there.
"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.
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11 Atrium" means a courtyard completely enclosed by walls and/or fences.
11 Attic" means an area between the ceiling and roof of a structure, which 1s
unconditioned (not heated or cooled) and uninhabitable.
11 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.
11 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.
11 Average slope" means the ratio between vertical and horizontal distance expressed in
percent; the mathematical expression is based upon the formula described below:
S = ( I x L; 100 )
S = Average slope of ground m
percent;
I = Contour interval in feet;
L = Combined length in feet of all contours on
parcel;
A = Area of parcel in square feet.
SECTION 2. Section 19.08.030 (d), 11 'D' Definitions", of Chapter 19.08 of Title 19 of
the Cupertino Municipal Code is hereby amended to read as follows:
11D" 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:
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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 reqmrmg protection from the threat of
danger, harm, or loss, including but not limited to the steepness of a roadway or
driveway that may create a hazardous parking situation in front of a gate.
"Demonstrated security" means a condition requiring protection from the potential
threat of danger, harm or loss, including but not limited to a location that is isolated and
invisible from public view or that has experienced documented burglary, theft,
vandalism or trespassing incidences.
"Density bonus" means 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, and 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
r egulation.
Ordinance No. 16-2159
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"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 as two dwelling units, of comparable size independent
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 on a non-transient basis and having not more
than one kitchen.
SECTION 3. Section 19.08.030 (1), '"L' Definitions", of Chapter 19.08 of Title 19 of
the Cupertino Municipal Code is hereby amended to read as follows:
"L" Definitions:
"Landscaping" means an area devoted to or developed and maintained with native or
exotic planting, lawn, ground cover, gardens, trees, shrubs, and other plant materials,
decorative outdoor landscape elements, pools, fountains, water features, paved or
decorated surfaces of rock, stone, brick, block or similar material (excluding driveways,
parking, loading or storage areas), and sculptural elements.
"Late evening activities" means an activity which maintains any hours of operation
during the period of eleven p.m. to seven a.m.
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"Legal substandard lot" means any parcel of land or lot recorded and legally created by
the County or City prior to March 17, 1980, which lot or parcel is of less area than
required in the zone; or lots or parcels of record which are reduced to a substandard lot
size as a result of required street dedication unless otherwise provided in the City of
Cupertino General Plan. The owner of a legally created, substandard property which is
less than six thousand square feet but equal to or greater than five thousand square feet
may utilize such parcel for residential purposes. The owner of a legally created parcel of
less than five thousand square feet may also develop the site as a single-family
residential building site if it can be demonstrated that the property was not under the
same ownership as any contiguous property on the same street frontage as of or after
July 1, 1984.
"Lightwell" means an excavated area required by the Uniform Building Code to
provide emergency egress, light and ventilation for below grade rooms.
"Liquor store" means a use requiring a State of California "off-sale general license" (sale
for off-site consumption of wine, beer and/or hard liquor) and having fifty percent or
more of the total dollar sales accounted for by beverage covered under the off-sale
general license.
"Living space" means habitable space and sanitation.
"Loading space" means an area used for loading or unloading of goods from a vehicle
in connection with the use of the site on which such space is located.
"Lodging" means the furnishing of rooms or groups of rooms within a dwelling unit or
an accessory building on a transient 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 or transient occupants as a single unit, whether located in
a hotel or a dwelling unit providing lodging where designed or used for occupancy by
more than two persons; each two-person capacity shall be deemed a separate lodging
unit for the purpose of determining residential density; each two lodging units shall be
considered the equivalent of one dwelling unit.
"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.
Ordinance No. 16-2159
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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 acquired, for access and street
right-of-way purposes, 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. Sheds are included in
lot coverage.
2. "All other uses except single-family residential" means the total land area within a
site that is covered by buildings, but 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. Lot line length does
not include arc as identified on corner parcels.
2. "Interior lot line" means any lot line not abutting a street.
3. "Rear lot line" means the lot line not intersecting a front lot line which is most
distant from and the most closely parallel to the front lot line. A lot bounded by only
three lot lines will not have a rear lot line.
4. "Side lot line" means any lot line which is not a front or rear lot line.
5. "Street lot line" means any lot line abutting a street.
"Lot of record" means a lot which is part of a subdivision recorded in the office of the
County Recorder, or a lot or parcel described by metes and bounds which has been
recorded.
"Lot width" means the horizontal distance between side lot lines, measured at the
required front setback line.
Ordinance No . 16-2159
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"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.
SECTI ON 4. Section 19.08.030 (s), '"S' Definitions", of Chapter 19.08 of Title 19 of
the Cupertino Municipal Code is hereby amended to read as follows:
"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.
"Senior citizens" means:
1. Persons at least sixty-two years of age; or
2 . Persons at least fifty-five years of age or otherwise qualified to reside 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. The Director
of Community Development shall have the discretion to modify the provisions of
this definition when it improves the design relationship of the proposed buildings
to adjacent buildings or parcels.
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2. Setback Area, Required Rear Yard . "Required rear-yard setback area" means the
area extending across the full width of the lot between the rear lot line and the
nearest line or point of the main building.
3. Setback Area, Required Side Yard. "Required side-yard setback area" means the
area between the side lot line and the nearest line of a building, and extending
from the front setback line to the rear setback line.
"Shopping center" means a group of commercial establishments, planned, developed,
owned or managed as a unit, with off-street parking provided on the parcel.
"Shopping center," for purposes of the Sign Ordinance, means a retail entity
encompassing three or more tenants within a single building or group of buildings, but
within which individual business located in defined tenant spaces are owned and
managed separately from the shopping center management.
"Sidewalk site triangle" is a triangular shaped area described in Cupertino Standard
Detail 7-6. (See Appendix C, Cupertino Standard Detail; Sidewalk Site Triangle
(Sidewalk Clearance at Driveway)
"Sign" means any device, fixture, placard, or structure that uses any color, form,
graphic, illumination, symbol, or writing to advertise, announce the purpose of, or
identify the purpose of a person or entity, to communicate information of any kind to
the public.
1. "Animated sign" means any sign which projects action, motion or the illusion
thereof, changes intensity of illumination or changes colors, including the likes of
balloons, banners and flags, and blowing or air-powered attractions, but excluding
electronic readerboard signs and signs that display the current time or
temperature.
2. "Blade sign" means a pedestrian oriented sign, adjacent to a pedestrian walkway
or sidewalk, attached to a building wall, marquee, awning or arcade with the
exposed face of the sign in a plane perpendicular to the plane of the building wall.
3. "Development Identification Sign" means a ground sign at the major entry to a
residential development with twenty units or more meant to identify the name and
address of the development.
4. "Directional sign" means any sign which primarily displays directions to a
particular area, location or site.
5 . "Directory sign" means any outdoor listing of occupants of a building or group of
buildings.
6. "Electronic readerboard sign" means an electronic sign intended for a periodically-
changing advertising message.
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7. "Freeway oriented sign" means any sign which is located within six hundred sixty
feet and visible from a freeway right-of-way as defined by Section 5200 of the
California Business and Professions Code.
8. "Garage sale signs" means any sign used for advertising a garage or patio sale as
defined in Chapter 5.16 of the Cupertino Municipal Code.
9. "Ground sign" means any sign permanently affixed to the ground and not
supported by a building structure. The height of 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.
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.
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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.
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.
Ordinance No. 16-2159
Page 14
"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 ot 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.
"Special needs housing," for purposes of Chapter 19.56, Density Bonus, means any
housing, including supportive housing, intended to benefit, in whole or in part, persons
identified as having special needs relating to mental health; physical disabilities;
developmental disabilities, including without limitation intellectual disability, cerebral
palsy, epilepsy, and autism; and risk of homelessness, and housing intended to meet the
housing needs of persons eligible for mental health services funded in whole or in part
by the Mental Health Services Fund, as set forth in Government Code Section
65915(p)(3)(C), as may be amended.
"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 m 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;
Ordinance No. 16-2159
Page 15
2. Acts of human masturbation, sexual intercourse or sodomy;
3. Fondling or other erotic touching of human genitals, pubic region, buttocks or
female breast.
"Story" means that portion of a building, excluding a basement, between the surface of
any floor and the surface of the next floor above it, or if there is no floor above it, then
the space between the floor and the ceiling next above it.
"Street" means a public or private thoroughfare the design of which has been approved
by the City which affords the principal means of access to abutting property, including
avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare
except an alley as defined in this chapter.
1. Street, Public. "Public street" means all streets, highways, lanes, places, avenues
and portions and including extensions in the length and width, which have been
dedicated by the owners to public use, acquired for public use, or in which a public
easement for roadway purposes exists.
"Street frontage," for purposes of the Sign Ordinance, means the length of a site along
or fronting on a public or private street, driveway or other principal thoroughfare, but
does not include such length along an alley, watercourse, railroad right-of-way or
limited access roadway or freeway.
"Structure" means that which is built or constructed, an edifice or building of any kind,
or any piece of work artificially built up or composed of parts joined together in some
definite manner.
1. Structure, Recreational. "Recreational structure" means any affixed accessory
structure or portion, which functions for play, recreation or exercise (e.g., pool
slides, playhouses, tree houses, swings, climbing apparatus, gazebos, decks,
patios, hot tubs and pools) but does not include portable play structures, such as
swings or climbing apparatus.
"Structurally attached" means any structure or accessory structure or portion thereof,
which is substantially attached or connected by a roof structure or similar physical
attachment.
"Supportive housing" (per 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.
Ordinance No. 16-2159
Page 16
SECTION 5. Subsection (7) of Table 19.20.020 of Section 19.20.020 of Chapter
19.20 of Title 19 of the Cupertino Municipal Code entitled "Permitted, Conditional and
Excluded Uses in Agricultural and Residential Zones" is hereby amended as follows:
Table 19.20.020-Permitted, Conditional and Excluded Uses Ill Agricultural
RPc:;1 d Pntfa 1 Znnpc;;
Uses Zonin2: Districts
and
A A-1 R-1 RHS RlC R-2 R-3
NO CHANGE ROWS #1 -#6b
7. An accessory dwelling
unit Which conforms to
the requirements of p p p p ---
Chapter 19.112i
NO CHANGE ROWS #8 -#42
SECTION 6. Section 19.24.040 of Chapter 19.24 of Title 19 of the Cupertino
Municipal Code is hereby amended to read as follows:
19.24.040 Site Development Regulations.
A. Lot Area Zoning Designations. Minimum lot area shall correspond to the number
(multiplied by one thousand square feet) following the A zoning symbol. Examples:
Zoning Symbol Number Minimum Lot Area Square Feet
A/Al 215 215,000
A 400 400,000
Al 43 43,000
B. Minimum Lot Area:
Agricultural (A) Zones Agricultural-Residential (A-1)
Zones
1. Minimum 215,000 square feet (with or without 215,000 square feet (with no
Lot size incidental residential use) incidental residential use)
2. Incidental 43,000 square feet per dwelling unit. Dwelling units in farm labor
Ordinance No. 16-21 59
Page 17
residential use camps for temporary laborers, and accessory dwelling units shall not
be counted for the purpose of determining required lot area under this
section.
C. Required Lot Shape. Each lot in an A zoning district shall have such shape that a
square with a side of two hundred feet can be inscribed in this lot.
SECTION 7. Section 19.52.020 of Chapter 19.52 of Title 19 of the Cupertino
Municipal Code is hereby amended to read as follows:
19.52 .020 Applicability of Regulations.
A request for reasonable accommodation may:
A. Be made only for existing residential dwellings or accessory dwelling units.
B. Be made by any person who is defined as disabled under the Acts, when the
application of development or land use regulations act as a barrier to fair housing
opportunities.
C. Include a variance to the development or land use regulations that would
eliminate regulatory barriers and provide a person with a disability equal
opportunity to housing of their choice .
SECTION 8. Chapter 19.112 of Title 19 of the Cupertino Municipal Code is
hereby amended to be numbered, entitled, and to read as follows:
CHAPTER 19.112: ACCESSORY DWELLING UNITS IN R-1, RHS, A AND A-1
ZONES
Section
19.112.010 Purpose.
19.112.020 Applicability of regulations.
19.112.030 Site development regulations .
19.112.040 Review process.
19.112.010 Purpose.
The purpose of this chapter is to promote the goal of affordable housing within the City
through provision of additional housing in certain residential and agricultural zoning
Ordinance No. 16-2159
Page 18
districts in a manner which minimizes adverse impacts of accessory dwelling units on
neighborhoods.
19.112.020 Applicability of Regulations.
Notwithstanding any provision of this title to the contrary, one accessory dwelling unit:
1. Is permitted on lots in R-1, RHS, A and A-1 zoning districts and, notwithstanding
the underlying zoning, an accessory dwelling unit developed pursuant to this
chapter does not cause the lot upon which it is located to exceed its maximum the
allowable density on the lot,
2. Must comply with the site development regulations and guideline specified in
those zoning districts for dwelling units, including but not limited to, lot coverage,
floor area ratio, height, setbacks, landscape etc. the regulations contained in this
chapter, Chapter 19.100, Accessory Structures/Buildings, Chapter 19.124, Parking,
except as those standards may be modified by this Chapter;
19.112.030 Site Development Regulations. Site Development Regulations for Accessory
Dwelling Units are as identified in Table 19.112.030.
Table 19.112.030: Site Development Regulations for Accessory Dwelling Units
Attached to Principal Dwelling Unit Detached
Conversion of New addition to existing
portions of accessory dwelling unit and
existing new accessory dwelling unit
structures to an
accessory
dwelling unit
A. Maximum size of
living space,
exclusive of decks
1. Lots < 10,000 800 s.f.
2. Lots ~ 10,000 1,200 s.f.
B. Second-story Allowed if the unit: Not allowed
accessory dwelling 1. Is a conversion of existing second story portions of
unit the principal dwelling unit; and
2. Complies with applicable landscape requirements
to adjoining dwellings consistent with Section
19.28.120 .
C. Parking
Ordinance No. 16-2159
Pag e 19
Table 19.112.030: Site Development Regulations for Accessory Dwelling Units
1. Parking for
accessory
dwelling unit
2. Replacement
parking spaces
when new
accessory
dwelling unit
converts
existing
covered,
uncovered or
enclosed
parking spaces
required for
the principal
dwelling unit
Attached to Principal Dwelling Unit Detached
Conversion of New addition to existing
portions of accessory dwelling unit and
existing new accessory dwelling unit
structures to an
accessory
dwelling unit
None One additional off-street parking space shall
be provided, if the principal dwelling unit has
less than the mmmmm off-street parking
spaces for the applicable residential zoning
district in which it is located, as required in
Chapter 19.124 unless the unit meets the
following requirements:
a. Is within one-half (1/2) mile of a public
transit stop; or
b. Located m an architecturally and
historically significant historic district; or
c. Occupant of the ADU is not allowed/
offered a required on-street parking
permit; or
d. Located within one block of a car share
vehicle pick-up location.
a. Replacement spaces must be provided for the principal
dwelling unit to meet the minimum off-street parking spaces
for the applicable residential zoning district in which it is
located, as required in Chapter 19.124.
b. Replacement spaces may be located in any configuration on
the same lot as the accessory dwelling unit, including but not
limited to covered spaces, uncovered spaces, tandem spaces or
by use of mechanical automobile parking lifts.
c. Any replacement parking spaces provided must comply with
the development regulations for the applicable zoning district
in which it is located, Chapter 19 .124, Parking and Chapter
19 .100, Accessory Buildings/Structures.
Ordinance No. 16-2159
Page 20
Table 19.112.030: Site Development Regulations for Accessory Dwelling Units
Attached to Principal Dwelling Unit Detached
Conversion of New addition to existing
portions of accessory dwelling unit and
existing new accessory dwelling unit
structures to an
accessory
dwelling unit
D. Direct outside 1. Independent outdoor access must be provided without
access going through the principal dwelling unit.
2. Where second-story accessory dwelling units are allowed,
entry shall not be provided by an exterior staircase.
E. Screening from a All access to accessory dwelling units shall be screened from a public
public street street.
19.112.040 Review Process.
A. Applications for accessory dwelling units conforming to the requirements of this
chapter shall be reviewed ministerially without discretionary review and must be
approved or denied within the time frame specified in Government Code Section
65852 .2.
B. Accessory structures should be compatible with the architectural style and materials
of the principal structure.
SECTION 9: 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 .
SECTION 10: Effectiv e Date.
This Ordinance shall take effect thirty days after adoption as provided by
Government Code Section 36937.
SECTION 11: Certification. ,
Ordinance No. 16-2159
Page 21
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 12: 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 15th day
of November 2016 and ENACTED at a regular meeting of the Cupertino City Council
on this 6th of December, 2016 by the following vote:
AYES: Chang, Vaidhyanathan, Paul, Sinks, Wong
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
Grace Schmidt, City Clerk
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. 16-2159, which was
enacted on December 6, 2016, 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 7th day of December, 2016.
GRACE SCHMIDT, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California