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Ordinance 14-2125 Municipal Code Amendment, GAP-2013-01 ORDINANCE N0. 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. 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. Severabilitu. 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. Continuitu. 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 Citv Council �- AYES: Sinks, Chang, Paul, Vaidhyanathan, Wong NOES: None ABSENT: None ABSTAIN: None Resolution No. 14-2125 Page 5 ATTEST: APPROVED: /s/Grace Schmidt /s/Rod Sinks Grace Schmidt, City Clerk Rod Sinks, Mayor, City of Cupertino ATTACHMENT I eHAPTER 13.Q8 PARK LAND I}EDICATIC}I\i/FEE Section 13.08.010 Purpose. 13.08.020 Definitions 13.08.030 Applicability. 13.08.050 Parkland Dedication. Density Average number of Average Parkland (DU/acre) ersons/DU 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 Develo ment 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.[l10 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 DefiYtitiQns "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 Applicabilify. 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. �(Average number of�ersons/DU) x �Park Acrea�e Standard)� Parkland dedication/DU= 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 Average number of Average Parkland (DU/acre) persons/DU 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 Develo ment 1.0 .0030 13.Q8.060 Fees i��t 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- 394\10\1620279.2 known as the "park dedication in-lieu fee fund" and shall be used for all purposes allowed by State Law. 13.Q8.070 Combination of Parkla.nd Dedicatic�n �nd 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 R�ereatian c�r Qpen 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 Minimum Acreage Mandatory Element Turfed playfield The playfield shall be a single unit of land which is generally level and .50 free of h sical barriers which would inhibit rou la activities. Optional Elements Childreri s la a aratus area .15 Recreational communi ardens .25 -8- 394\10\1620279.2 Famil icnic area .25 Game court area .25 Swim ool(42' x 75' with ad'acent deck and lawn areas) .25 Recreation center buildin s and rounds .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 Existin;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. 23.Q8.100 Ge��ral Pracedur�s. 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. -9- 394\10\1620279.2 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 II CHAPTER 18.24: L3EDICATI(?NS AND RESERVATIC}l`riiS Section Article I. Dedication of Streets, Alleys, Rights-of-Way and Easements. 18.24.010 Dedication of Streets,Alleys, and Other Public Rights-of-way or Easements. Article II.Park Land Dedication. 18.24.020 Purpose. 18.24.030 Requirements. 18.24.040 General Standard. 18.24.050 Dedication of Land. 18.24.060 Fees in Lieu of Park Land Dedication. 18.24.070 Amount of Fee in Lieu of Park Land Dedication. 18.24.080 Subdividers Not Within General Plan. 18.24.090 Determination of Land or Fee. 18.24.100 Credit for Private Recreation or Open Space. 18.24.110 Credit for Existing Residential Units. 18.24.120 Procedure. 18.24.130 Commencement of Development. Article III. School Site Dedication. 18.24.140 General. 18.24.150 Procedure. 18.24.160 Payments to Subdivider for School Site Dedication. 18.24.170 Exemptions. Article IV. Reservations. 18.24.180 General. 18.24.190 Standards for Reservation of Land. 18.24.200 Procedure. 18.24.210 Payment to Subdivider. 18.24.220 Termination. Article V.Waiver of Direct Street Access. 18.24.230 Waiver of Direct Street Access. 394\10\1620279.2 Article I. Dedication af Streets,AlleyJs,Rights-of-4�Vay and Easements. 18.24.010 Dedicatian af Streets,Alleys, c1Tt(� tJfI1E�`Pt1I3I1C R1�I1fS-fl�-W1y(}T'EdS�YTt�I1�5. A. As a condition of approval of a final map or parcel map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for streets and alleys, including access rights and abutters' rights; drainage; public utility easements; bicycle paths, transit facilities, solar access easements, park land, fire stations, libraries, access to public resources and other public easements as required. B. Improvements shall be in accordance with Chapter 18.32, Subdivision Improvements, of tliis title. Arficle II. Park Land Dedieatian, 1.8.24.t}20 Purpose. This section is enacted pursuant to the authority granted by the Govemment Code. The park and recreational facilities for which dedication of land and/or payment of a fee is required by this chapter are in accordance with the open space and conservation element of the adopted General Plan of the City of Cupertino, and any amendments. 18.2�.030 Requirements. A. As a condition of approval of a final subdivision map or parcel map, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the City, for park or recreational purposes at the time and according to the standards and formula contained in this chapter. B. The provisions of this chapter are not applicable to the following land use categories: 1. Commercial or industrial subdivisions; 2. Condominium conversion projects or stock cooperatives which consist of the subdivision of air space in an existing apartment building which is more than five years old when no new dwelling units are added; 3. Convalescent hospitals and similar dependent care facilities. 18.24.Q40 General Standard. The Parkland Dedication standard shall be as identified in the City's General Plan and Chapter 13.08. 18.24.050 Dedication of Land. A. Where a park or recreational facility has been designated in the open space and conservation element of the General Plan of the City, and is to be located in whole or in part within the proposed subdivision to serve the immediate and future need of the residents of the subdivision, the subdivider shall dedicate land for a local park sufficient in size and topography to serve the residents of the subdivision. B. The formula for determining acreage to be dedicated shall be pursuant to Section 13.08.050. 394\10\1620279.2 1.8.24.060 Fees i.n Lieu crf Land Dedicatian. 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. 18.24.07Q Cri�eria for Iiequiring Soth Dedication and�'ee. 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 Sut�divide�rs Not YVifihin Ge�teral PIa��, 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. 18.2�.090 Detennination 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 394\10\1620279.2 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. 18.2�.100 Credit f.�r Private Recreation or Qpen 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. 28.24.110 Credit far ExisEing Residential L�nits. 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 Pra�edure. 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. 18.2�.130 Conz�nencen�ent af 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. 18.2�.1�0 �eneral. 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. 28.2�.150 Procedu�e. 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 394\10\16202792 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 Sul�divider for SchQOI 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. 18.24.17� Exernptions. 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. Artieie IV. Reservatiotts. 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. 18.24.1.90 5tanc�arc�s f�r Reservatian of Lar►d. 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. 18.2�.2Q0 Prc�cedure. 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. 394\10\1620279.2 18.24.210 PayYnent 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 Terr��inatzan. 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. Articie V. Wai�rer of Direct StreeE Access. 18.2�.23fl Waiver of Direc#S�.reet 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. 394\10\1620279.2 ATTACHMENT III CHAPTER 19.08: DEFINITIGIVS Section 19.08.010 Purpose and Applicability. 19.08.020 General Rules for Construction of Language. 19.08.030 Definitions. 19.08.01.0 Purpase and ApplicabiIity. 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.�8.020 General Rules far Construc#ion af. 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 ineaning 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 ar 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. L 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. 394\10\1620279.2 12/8/2014 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: 394\10\1620279.2 12/8/2014 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 doars 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. Anixnal: 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. 394\10\1620279.2 12/8/2014 "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 Plannulg 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 statiori' means a use providing gasoline, oil, tires, small parts and accessories, and services incidental thereto, for automobiles, light trucks, and similar motor vehicles. Automotive maintenance and repair (minor) may be conducted on the site. The sale of food or grocery items on the same site is prohibited except for soft drinks and snack foods, either from automatic vending machines or from shelves. The sale of alcoholic beverages on the site is governed by Chapter 19.132, Concurrent Sale of Alcoholic Beverages and Gasoline. "Automotive repair and maintenance (minor)" means the supplying of routine automotive services such as lubrication, engine tune-ups, smog certificates, servicing of tires, brakes, batteries and similar accessories, and minor repairs involving engine accessories. Any repair which requires the engine, drive train, transmission assembly, exhaust system, or drive train parts to be removed from a motor vehicle or requires the removal of internal parts shall not be considered minor. Body and paint shop operations are not minor repairs or maintenance. "Average slope" means the ratio between vertical and horizontal distance expressed in percent; the mathematical expression is based upon the formula described below: S_�IxLx1001 A � 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. 394\10\1620279.2 12/8/2014 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 far the purpose of protecting the principal use of the property or structure. 394\10\1620279.2 12/8/2014 "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(� 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 entertairunent 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: 394\10\1620279.2 12/8/2014 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 394\10\I620279.2 12/8/2014 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. "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. 394\10\1620279.2 12/8/2014 "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. 394\10\1620279.2 12/8/2014 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 fratemity, sorority, club, or other group of persons occupying a hotel, lodging house, or institution of any kind. 394\10\1620279.2 12/8/2014 "Fence" means a man-made structure which is designed, intended or used to protect, defend or obscure the interior property of the owner from the view, trespass or passage of others upon that property. "Fence height" means the vertical distance from the highest point of the fence (excluding post caps)to the finish grade adjoining the fence. In a case where the finish grade is different for each side of the fence, the grade with the highest elevation shall be utilized in determining the fence height. "First floor" means that portion of a structure less than or equal to twenty feet in height, through which a vertical line extending from the highest point of exterior construction to the appropriate adjoining grade, passes through one story. "Flag" means any fabric,banner, or bunting containing distinctive colors,patterns, or symbols, used as a symbol of a government, political subdivision, or other entity. "Floor area" means the total area of all floors of a building measured to the outside surfaces of exterior walls, and including the following: 1. Halls; 2. Base of stairwells; 3. Base of elevator shafts; 4. Services and mechanical equipment rooms; 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 394\10\1620279.2 12/8/2014 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 19.08.030(V), including, but not limited to, a backhoe, cement mixer, crane, ditch witch, dozer, earth mover, generator, grader, tractor or any similar device. "Height" means a vertical distance measured parallel to the natural grade to the highest point of exterior construction, exclusive of chimneys, antennas or other appurtenances, except that entry features are measured to the top of the wall plate. Height restriction shall be established by establishing a line parallel to the natural grade. "Height", for purposes of the Accessory Buildings/ \,�` Structures, encompasses the entire wall plane nearest the property line, including To o� ,Q roof, eaves, and any portion P ate of the foundation visible Entry above the adjoining finished o Feature grade. � "Home occupatiori' means a business, profession, Natural 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 394\10\1620279.2 12/8/2014 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 d:oes 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 Urdinance, 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 Si;,�n Ordinance, means all BQ PR, FP, and BA districts and other zoning classifications and u;�es which are considered institutional in nature and are consistent with the institutional or quas i-public designation of the general plan. j. "j" Definitions: "Junkyard" means the use of more than two hiandred square feet of the area of any lot for the storage or keeping of junk, including scrap �netals or other scrap material, and/or for the dismantling or wrecking of automobiles or other vehicles or machinery. 394\10\1620279.2 12/8/2014 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 ar 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- 394\10\1620279.2 12/8/2014 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. L "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. 394\10\1620279.2 12/8/2014 "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. 394\10\1620279.2 12/8/2014 "Mobilehome" means a vehicle, other than a motor vehicle, 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 inedical 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. 394\10\1620279.2 12/8/2014 "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, Architeciural 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. 394\10\1620279.2 12/8/2014 "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 ineals 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 Califomia. "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. 394\10\1620279.2 12/8/2014 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, 394\10\1620279.2 12/8/2014 ii. Bulk reverse vending machine or a grouping of reverse vending machines occupying more than fifty square feet, iii. 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 ar in part, by the individual resident's participation in group or individual activities such as counseling, recovery planning, medical or therapeutic assistance. Residential care facility includes, but is not limited to, health facilities as defined in California Health and Safety Code (H&SC Section 1250 et seq.), community care facilities (H&SC Section 1500 et seq.), residential care facilities for the elderly (H&SC Section 1569 et seq.) or facilities for the mentally disordered or otherwise handicapped 394\I O\1620279.2 12/8/2014 (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 A1 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, architeciural 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. 394\10\1620279.2 12/8/2014 "Senior citizens" means: 1. Persons at least sixty-two years of age; or 2. Persons at least fifty-five years of age in a senior citizen housing development, in accordance with State and federal law. "Senior 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. 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) 394\10\1620279.2 12/8/2014 "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 sigri' means an existing, legal non-conforming ground sign that has a distinctive architectural style. 394\10\1620279.2 12/8/2014 15. "Nonconforming sigri' 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 sigri' 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 far advertising as determined by the Director. 21. "Project announcement sigri' 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 sigri' 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 sigri' 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. 394\10\1620279.2 12/8/2014 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 12/8/2014 "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, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code). "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. 394\10\1620279.2 12/8/2014 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. 394\10\1620279.2 12/8/2014 CHAPTER 19.12-ADMINISTRATION Section 19.12.010 Purpose and intent. 19.12.020 19.12.030 19.12.040 19.12.050 19.12.060 19.12.070 19.12.080 19.12.090 19.12.100 19.12.110 Applicability of Regulations. Approval Authority Authority of the Director of Community Development. Authority of the Design Review Committee. Authority of the Planning Commission. Authority of the City Council. Application Process Action by Director. Decision Noticing. Table 19.12.030:Approval Autllority Public DesiQn Hearin Noticin Posted Administrative Plannin� C� Public Ex�iration Cha�ter/ Tvve of Permit or Decision A-B Review Noticin� Site Review Committee Commission Council Meetin Radius° Notice Date E Findin�s Comment Period� General Plan Amendment Major F _ - R F PH Yes _ CA. Govt. CA. Govt. Minar� Code 65350- Code - - R F PH 65362 Yes _ 65350- 65362 Zonin Ma Amendments 394U OV 6202792 Z�6LZOZ9l\O l\b6ti Z5•6� uop��ii ��uaaan�uo�uo pas�g 3 � (I�puapisa�) snuog isuaQ 0£0'09I'6I auoN ��a�i Z oN auoN - Z`d I�T - 3 �a�aoduzaZ 050'95I'6L sa�a�i Z sa� 50659 aP�� Hd d/ZF�/i�d 2I/3IIF� - 3 I,�aou�y� sa�a Z sa� •}no� '�'J Hd d/ZFI/I V 2I/d/I�d - 3 ��x�3 zO.�Y�I s�iuz�a�asn j�uoi�ipuo� 050'9Si'6i s��a�i Z sa� ,00£ L�Id Z�' i�d " d � I� �zou� sa�a Z sa�C /Oit'ZI'6I Nid 3/IK 2I/d - - H�3zo,ey� s}iuzza�}uauz ojanaQ - sa� G9859 aP°� Hd d 2I - - OZI'��I'6� ��no� •�� s�uauiaaa��uauzdojanaQ Z9£59 - - -0�£59 aP�� Hd 3 2I - - 0£0'�0'OZ •}no� •�� su�i��i�t�ads 95859 - 0£0'Z�i'6I - £5859 ap°� Hd d 2I - - •�no� •�� s�uauzpuauz��xa,I,$utuoZ - sa� 9S8S9 - Hd d 2I - - OZO'Z5i'6I £�859 aPo� �aou�y� - sa� •�no� '�d� Hd d 2I - - 3 ao.�y� �potaa� �uauxuxo, a�i�oN Q snip�� aa;}iuxuxo, s uiput3 �a}�Q ut}aay� It�uno� uoTSSiuxuxo� n�ainau a�is ui� �i�oN n�atna� a,d uoist�aQ ao;iu�a��o a ,L �aa� uoi}—�aT� • • �tiqn� }�i,, utuu�i� • ani��a�stutuzp� • • pa�so� ui��}oN • u�isaQ • u��aH �tiand Public Hearin Desi Noticin Posted Administrative PlanninQ C� Public Ex�iration Cha�ter/ Tvpe of Permit or Decision^�B Review Noticin� Site Review Commission Council MeeHn Date E Findin�s Committee Radius° Notice Comment Period� 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 A roval Ma'or J F - A1 A2 PM 19.12.110/ Yes 2 ears 19.168.030 Minor K F - A1 A2 PM Adjacent Yes 2 ears Amendment Ma'or F�H - - F A1 PM/PH 19.12.110/ Yes 2 ears 19.44, Minor� F - A1 A2 PM/PH 300' Yes 2 years 19.156, 19.164 Minor Modification F - A1 A2 - None No 2 ears 19.164 Hillside Exception/Height 19.12.110/ 19.40.080, Exception/Heart of the City - - F A1 PH 300' Yes 2 years 19.24.070, Exce tion I 19.136.090 Variance CA. Govt. 19.156.060 F - A1 A2 PH Yes 2 years Code 65905 Status of non-conforming Use _ _ F A1 PH 19.12.110/ YeS _ 19.140.110 300' Wireless Antennas' Depends on 19.136.090 F - F/A1 A2 Varies I app�p tion yes 2 years e Si s Permits F - A1 A2 - None No 1 ear 19.104 Neon, Reader board& - F F A1 L PM 19.12.110/ No 1 ear 19.104 ��a�irniF2n2�� Z 6LZOZ9l\Ol\b64; 050'Z5'6I ��a � oN auoN - Z� �� - 3 uoi��pouzuzo��y alq�uos�a� g�•�,� - oN auoN - Z� �� - 3 I�nouza�aazZ anp��o�}a� 8I'�I - oN auoN - Z�' i�' - d �Id�uauza �uey�aa�zZ 8I'�I _ sa� ,00£ Y�id Z�' d - - I�nouza� /OIi'ZL'6i 3g uoi��u�isaQ aa.z,I,a��iaaH UOT�L'JTI L �o ad�}uo 08�'8Z'�i ��a� � sa� $uipuadaQ d� Z`d I�' - 3 /�ua��[py I�nouza�aa.z,I, saaaZ pa��a�oa� z�a � sa� y�� z�y - 3 - I suot� a�xg O�I'8Z'6i a�a � oN �ua��[p�' d� ZF� I�d - d i�puapisa�aou�y� a�a � sa� /O�I'ZI'6t r sai��A ZFT/�I�' Z�'/d 3 d I .zo�s-on�,I, s�iuzaa�a�u�u�pap �2I �ua��.p� 80'6I �pa�i � sa� /OII'Zi'6i �� Z� �� _ 3 I P 1C d uop�}a�zd�za�u �� uoa }ua��.p� 090'8�'6I �pa�f � sa� /OIZ'ZI'6I �`� �� - 3 _ suopda�xg a�ua3 u ,00£ z�a�i � sa� /}ua��(P� �saia�A Z`d/�I�' I�' 3 3 050'�ZI'6i /O�I'ZI'6i ,suor}da�x��uTxa�� }ua��.p� 06Z'b0i'6I ��a� Z sa� /OII'Zi'6I �`� 1 I� - 3 - I suoyda�x� i�0i'6I z�a � oN auoN - ZF� I�d - 3 suz�a oz� ,00£ I s is pa�uaiap �n�aaz3 �potaa� �uau�uzo, a�t�oN Q snip�u aa��tuzuzo, s uipui3 �a}�Q ut�aay� Ii�uno, uoissiuzuxo, nlatnau a}is ut�,��}oN ' n�atna� a,d uotst�aQ ao�iuua�;o a 1, /�a� uoi�� ' �tiqn� � ut� ant��.x�stutuzp� • • • pa�so� UI�I}ON u�isaQ ' ' uu�aH �iiqnd Public Desi�n Hearin Noticin Posted Administrative Plannin� C� Public Ex�iration Cha�ter/ Twe of Permit or Decision A•B Review Noticing Site Review Commission Council Meetin Date E Findin�s Committee Radius D Notice � Comment Period� Extensions° Parking, Fence&Sign Exceptions&Front Yard F - A1 A2 - None No 1 year Inte retations Neon, Reader board& F A1 A2 - None No 1 year Freewa Oriented Si s Two Story Permits,Minor Residential Permits and F A1 A2 - None No 1 year Exce tions Tree Removals F - A1 A2 - - No 1 ear All other projects F - A1 A2 _ 19.12.110/ No 2 years None R—Review and recommendation body A1 —Appeal Body on first appeal PH—Public Hearing CP—Comment Period ��a�i o�i F2n2��.2 F — Final decision-making body unless appealed A2— Appeal body on second appeal PM—Public Meeting 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. Plaiuzing Commission review for all other applications. I. Please see specific zoning district regulations or chapters in this title that apply to the subject property or project for approval authority. J. Major Architectural and Site Approval application - architectural and site approval for all projects that are not a Minor Architectural and Site Approval application. K. Minor Architectural and Site Approval application - single family home in a planned development zoning district, minor building architectural modifications, landscaping, signs and lighting for new development, redevelopment or modification in such zones where review is required and minor modifications of duplex and multi-family buildings. L. Appeals of Design Review Committee decisions shall be heard by the City Council. M. Parking Exceptions approved by the Director of Community Development need a comment period. Parking Exceptions approved by the Design Review Committee need a public meeting. N. Parking Exceptions in Single-family residential (R1) zones and Duplex (R2) zones need adjacent noticing. All other Parking Exceptions need notices within three hundred feet of the exterior boundary of the subject property. O. Application must be filed prior to expiration date of permit. Permit is extended until decision of the Approval Body on the one-time extension. 394\10\1620279.2 ATTACHMENT IV 19.12.040 Authari�y of the Direetor of�4mrrtunity D�veloprnent. 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. 19.12A50 Autho.r.zty of the Des.ig.n R�view Cammittee. 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 Autl�nrity of the P�anniz�g Coz�lx�ission. 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 CiEy 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 Applicati€�n Prc�cess 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 applicaHon. 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 �ctic�n E�y 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 12/8/2014 19.12.T00 Decision Unless postponed ar 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. 19.12.11Q Na�icing. 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\16202792 12/8/2014 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. 394\10\1620279.2 12/8/2014 u. 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.OT0 Purpose and iaztent. 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. 19.12A�0 Applicabrlity af Regulations. Except as otherwise provided in this section, Development Review is required for all zoning map and text amendments, new construction, modifications to building exteriors or site improvements, and changes in Land Use,including,but not limited to, the following: A. In the A, A1, R1 and RHS Zones, the following activities: 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 394\10\1620279.2 12/8/2014 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; 19.12.034 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 12/8/2014 Table 19.12.030:Approval Authority Public Desi�n Hearin Noticin Posted Administrative Plannin� C� Public Expiration Cha�ter/ Tv�e of Permit or Decision^-B Review Noticin� Site Review Commission Council Meetin Date E Findin�s Committee Radius D Notice Comment Period� ` General Plan Amendment Major F _ - R F PH Yes _ CA. Govt. CA. Govt. Minor� Code 65350- Code - - R F PH 65362 Z'eS - 65350- 65362 Zonin Ma Amendments Ma'or F - - R F PH CA. Govt. Yes - Minor� Code 65853 - - R F PH - 65856 Yes _ 19.152.020 Zoning Text Amendments CA. Govt. - - R F PH Code 65853 _ _ 19.152.030 - 65856 Specific Plans CA. Govt. 20.04.030 - - R F PH Code 65350- - - 65362 Development Agreements CA. Govt. 19.144120 - - R F PH Code 65867 Yes - Develo ment Permits Ma'or F�H - - F/R Al/F PM 19.12.110/ Yes 2 ears c � inor F - A� AZ PM 300 Yes 2 years 19.156.050 394U OU 620279.2 Z�GLZOZ91\Ol\b6ti �� OiI'O�I'6I - sa� /OII'ZI'6t H`� `� 3 - - asn�utuz.zo}uo�-uou}o sn}��S 50659 apoJ 090'95I'6i s.z�a�i Z sa� •}no� •�� Hd z�T t�d ' 3 a�uei.z�n 060'9£L'6i I uop a�xg �OLO'fiZ'6I s��a�i Z sa� ,00£ H� I�, 3 - - �,}iJ a�30�.z�aH/uopda�xg �080'0�'6I /OII'ZI'6I �u H/ �1 � P. II?H �ia uo. da�x a is �9t'6I sa�a Z oN auoN - z�d �� - 3 uop��t3tpoy�aoui� �9t'6I s.z�a�i Z sa� ,00£ HdIY�Id z�' iFT - d �.�ouiy� �95I'6I '�T,•6I s��a Z sa� /Oii'ZI'6� Hd/Y�Id �� d - - H•3 ao.�y� �uauzpuauz� sz�a Z sa� �ua��[p�' y�d z�d i� - 3 „�ouiy�I OEO'89I'6� sz�a Z saJC /OII'Zi'6I Y�Id z�d ��' - d [��.�L�I i�no� �a�is pu�I�an}�a�r�� 0�0'8ZI'6I ,00£ 2g s��a�i Z saJC /50659 aP�� Hd d 2I - �dfl�)�I�p��' OEO'8ZI'6I •�no� '�� i�i��auzuioJ pa}uaiz0-}InP�' Z5'6t uor}��ii �}uaun�uo�uo pas�g 3 � (I��}uapisa�) snuog ZsuaQ 0£0'09I'6t auoN ��a�i � oN auol� - z�' ��' - 3 �i,z��oduzaZ 0�0'95I'6i s.z�a�i Z sa� 50659 aP�� Hd d/z�T/��' 2I/3/��1 - d I,��ouiy� sa�a Z sa� •�no� •�'J Hd d/a�T/t�' 2I/3/t�1 - d �•x'3�O.�Y�I s�iui�a�asn I�uor�ipuoJ ,po�a� }uau�uio, a��}oN Q snip�� aa��TUiuTOJ s u� Tpui3 �a��Q upaay� Ii�uno� UOISSIUIUIO, MaIAa21 a�is ut��poN � � n�arnau g-,�uoisT�aQ.�o�tuuad 3o a Z ��a�eq, uo�}�x� • �tIqn� � uiuueId ani��.�}siunupd ' pa�so� ut�poN ' u�isaQ uu�aH �TI9nd Public Hearin Desi�n Noticin Posted Administrative Plannin� C� Public Ex�iration Cha�ter/ �ne of Permit or Decision A�B Review Noticin� Site E Review Commission Council Meetin Date Findin�s Committee Radius D Notice Comment Period� Wireless Antennas I Depends on 19.136.090 F - F/A' Az Varies I app�c�ation Yes 2 years e Si ns Permits F - A1 AZ - None No 1 ear 19.104 Neon, Reader board& F F A1 L PM 19.12.110/ No 1 ear 19.104 Freewa Oriented Si s I 300' y Pro rams F - A1 Az - None No 1 ear 19.104 Exceptions I _ F _ A1 L PM 19.12.110/ Yes 1 year 19.104.290 Ad'acent Parking Exceptions I 19.12.110/ 19.124.050 F F A1 A1 L/AZ Varies M Adjacent/ Yes 1 year 300' N Fence Exceptions _ F _ AI L PM 19.12.110/ Yes 1 year 19.48.060 Ad'acent Front Yard Interpretation F - A1 A2 PM 19.12.110/ Yes 1 year 19.08 Ad'acent R1 Ordinance Permits Two-stor I F F F/A1 A'L/A2 Varies I 19.12.110/ Yes 1 ear Minor Residential F - A1 AZ CP Adjacent No 1 ear 19.28.140 Exce tions I - F - A1 L PM Yes 1 ear Protected Trees Tree Removal Ad'acent/ F - A1 AZ CP � Yes 1 year 14.18.180 De endin 394\10\1620279.2 �ur}aaL�i�?iqnd—L�Id i�add� puo�as uo�ipoq I�add� —Z� paj�add� ssalun�poq�uTx�uz-uoisr�ap i�ui3 — 3 Z GLZOZ9!\Ol\b6£ poua��uaunuoJ—�� u�.��aH�tiqnd—Hd i�add��saT�uo�fpog i�add�— t� �poq uoi��puauzuzo�a�pu�n�aina�—� auoN s.z�a�Z oN /Ott'ZI'6L Z� `� 3 s��a[o,zd�a�o il�d z�a � oN - - z� �� - 3 si�nouza�aa.zZ suop a�x� �ea�i I oN auoN - z� �� 3 pu�s�tuz�a�j�r�uapisa� aou�y�'s�iuzaa�dzo�s on�Z .x�a�i � oN auoN - Z� I� 3 s is pa�uai.�p �n�aa�3 2g p.z�oq�ap�a�'uoaN suoi��a.� a�uI ��a�f � oN auoN - z�d i�T - 3 p��uoa,��suopda�xg u�rs�g a�ua3 '�utxz�� o suotsua�xg 050'Z5"6I ��a � oN auoN - z� �y - 3 uop�potuuzo��alqeuosea� g�•�i - oN auoN - z�' I�d - ,� I�eouzag aazZ anp��oa}a� 8t'�t - oN auoN - z� t� - 3 u�t�}uauza �uey�aa�Z 8I'�i ,OOE I�nouza� - sa� �OiI'Zt'6i �`� i� 3 �uor��u$isaQ aa�Z a��aH uo,y��ij � �o ad�uo ,po�a� �uaunuo, a��}oN Q snip�� aa}�iuzuzo, s u� �a��Q upaay� Ii�uno, uoissiunuo, n�aina� a�is ut�i}oN n�atna� a•d uoisi�aQ.�o�tuuad;o a ,I, /�a}�euj uot}� ' • �iiqn� � ut� ,uu�id ani}��}sTUiuTp� ' ' ' pa�sod ui�poN u�isaQ ' ur�aH �tIqnd 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\16202792 19.12.��0 Authc�rity of the Directar c�f Community Developrnent. 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.t�50 �tl$�1C?I'I��Of�I11' UE'S1g11 Rf?VIE�'Y Ct1IIllItlf�E'�. Subject to the provisions of this chapter and general purpose and intent of this title, the authority of the Design Review Coinmittee 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. 29.I2.060 AIXEItqY1�y O�f�l� PIdIITLIII�T CO22tITtISS4C}ll. 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; 394\10\1620279.2 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 A.uth4rity 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: G 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 12/8/2014 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. �9.12.090 Actic�.rt 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\I O\16202792 12/8/2014 29.12.100 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 Naticing. 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; i. 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 12/8/2014 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 Ac#ion by Direc#vr of Conlmunity Develapn�enf - 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. 1.9.12.130 Actictn by Design Review Committee and Pianning Can�mission. 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 12/8/2014 19.12.1�0 Action by City Cauncii. 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 1'�T€�tice c�f Decision and IZeports. 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 12/8/2014 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. 19.12.1i0 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.T?.I�Q EXpl�'c1�ItJ21, EX��ItS10Il dllt�.R�VQCI�EOYt. 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 12/8/2014 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 shall be deemed to be "used" when actual substantial and continuous activity has taken place upon the land subject to the permit or variance or, in the event of the erection or modification of a structure or structures, when sufficient building activity has occurred and continues to occur in a diligent manner. 2. Notwithstanding subsection 1 of this section, if the use for which a conditional use permit was granted and utilized has ceased or has been suspended for one year or more, the permit becomes null and void. 3. Unless a variance or exception has expired pursuant to subsection 1 of this section, it shall continue to exist for the life of the existing structure or such structure as may be constructed pursuant to the approval unless a different time period is specified in its issuance. A variance or exception from the parking and loading regulations, and a sign exception shall be valid only during the period of continuous operations of the use and/or structure for which the variance or exception was issued. B. Extensions. A permit or variance may, in accord with Section 19.12.030, Approval Authority, be extended, 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: i. That the permit was obtained by misrepresentation or fraud; ii. That the improvement,use or activity authorized in compliance with the permit had ceased or was suspended for one year or more; iii. That one or more of the conditions of the permit have not been met;or iv. That the owner or occupant of the property is conducting the use or any associated or other use of the property in violation of the law. v. In the case of revocation of a sign permit, the sign was abandoned for a period of thirty days. 394\10\1620279.2 12/8/2014 ATTACHMENT V CHAPTER 1.9.2Q-PlER1Y1ITTEU, CQNDITIQI"+1AL A�+1D EXCLUDED USES TI�j E1,GR.ICULTURAL AND RESIDENTIAL Z(�NES Section 19.20.010 Applicability of Regulations 19.20.020 Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones 1.9.20.Oi0 A��ali.c�bility of Regt�latzons 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 Per�nifited, Conditior�al and Excluded Uses in Agricultural ��d I�iesidential 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, viticuliure and forestry, including the P P - - - - - followin and similar uses: a. Field and truck cro s, includin dr in and stora e, P P - - - - - b. Orchards and vine ards, includin bottlin and stora e, P P - - - - - c. Tree farms, botanical conservatories and arboreta, P P - - - - - d. Barns and sheds, P P - - - - - e Keeping of draft animals, animals providing products used on P P - - - - - the ro er , f Livestock ranches and dairy farms depending mainly on P CUP- _ _ _ _ _ razin on the ro er , PC g. Processing of dairy products produced on the property, P CUP- _ _ _ _ _ PC h. Poultry raising and hatcheries, P CUP- _ _ _ _ _ PC P CUP- i. Apiaries, PC 394\10\1620279.2 12/8/2014 Zoning Districts A A-1 R-1 RHS R1C R-2 R-3 Uses j. Nurseries, greenhouses and landscaping gardens, P CUP- _ _ _ _ _ PC k. Boarding kennels, CUP- CUP- _ _ _ _ _ PC PC CUP- 1. Animal breeding; P 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 P P P P P - - unit er lot/defined air s ace for condominiums; 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 surroundin area; 6. Em lo ee housin : a• For six or fewer employees in each dwelling unit on each Iot P P P P P P P b. With no more than 36 beds in group quarters or 12 units/spaces p p CUP- desi ed for use b a sin le famil or household on each lot Admin. 7. A second dwellin 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. Multi le-famil residential dwellin s - - - - - - 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; -74- 394U 0\1620279.2 12/8/2014 Zoning Districts A A-1 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 P CC stora e ards, maintenance facilities, or cor oration ards; 11. Temporary buildings for construction purposes (including trailers) for a period not to exceed the duration of such - - - - - - P construction; 12. Home occu ations; a. When accessory to permitted use and otherwise conforming to P P P P P P P the rovisions of Cha ter 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-famil da care home er dwellin unit; P P P P P P P 14. Lar e-famil da care home er dwellin 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 com liance with the arkin and roximit re uirements; b. Which otherwise does not meet the criteria for a permitted use. The conditional use permit shall be processed as provided by CUP- CUP- CUP- CUP- CUP- CUP- CUP- CA Health and Safe Code Section 1597.46 (3); Admin. Admin. Admin. Admin. Admin. Admin. Admin. 15. Residential care facility with six or fewer residents,not including the provider,provider family or staff, provided that the facility P P P P P P P obtains any license, if required, issued by appropriate State and/or Coun a encies and/or de artments; -75- 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 a ro riate State and/or Coun a encies and/or de artments; 17. Con re ate residence, in each dwellin 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 CLJP- CUP- CUP- CUP- CLTP- CUP- CUP- residence and has a minimum of seventy-five square feet of PC PC PC PC PC'� PC PC usable rear ard area er occu ant 18. Transitional housing located in housing of a type permitted in P P P P P P P the zone; 19. Suppartive housing located in housing of a type permitted in the P P P P P P P zone; 20. Horticulture, ardenin , and rowin of food roducts: a. Recreational for ersonal use; P P P P P P - Limited to maximum of ten percent of the lot area and for b� consum tion b occu ants of the site; P Produce grown on site may be sold if the business activity is c. conducted in a manner consistent with Chapter 19.120,Home - - - P - - - Occu ations; d. Commercial purposes; See #1 See#1 - C� - - - Admin. 21. Limited commercial recreation uses,such as riding clubs and related stables and trails, golf courses, swimm.ing and picnic - - - C� - rounds, PC 22. Golf courses and driving ranges; CUP- CUP- _ _ - _ _ CC CC �►I.'� 394U 0\16202792 12/S/2014 Zoning Districts A A-1 R-1 RHS R1C R-2 R-3 Uses 23. Commercial swimming pools and picnic areas; CUP- CUP- _ _ - - _ 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 - - privacy impacts, shadowing, or intrusive noise, odor, or other Admin. Admin. Admin. adverse im acts to the surroundin area. 26. Transmission lines, transformer stations, television and radio CUP- CUP- towers, and other ublic utili and communication structures; PC PC 27. Adult(over 4 months of age) household pets per dwelling unit, limited as follows: a. No s ecified number P P - - - - - b. Maximum of four, provided no more than two adult dogs or _ _ P - P P P cats ma be ke t on the site c. Limited to one er three thousand s uare feet of lot area, exce t: 1. Dogs are limited to a maximum of two on lots less than one acre and four for lots reater than one acre, - - - P t - - - 2. The number of geese, ducks, chickens, rabbits and other farm animals are not limited on a site reater than one acre 28. Litter of do s or cats u to four months of a e: a. No s ecified 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 ur oses, limited as follows: Two large animals for the first 40,000 square feet of land area, See #1 See#1 - P t - - - a. except mules and donkeys which require 80,000 square feet for the first animal, - 77- 394\10\1620279.2 12/8/2014 Zoning Districts A A-1 R-1 RHS R1C R-2 R-3 Uses b One additional large animal for each additiona120,000 square 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 or anization or a school ro'ect, 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 kee in of ridin horses: a. Limited to three horses on each lot at any time except that P P - - - - - additional foals ma be retained for a eriod of six months; b' In excess of the number permitted in 32(a) CUP— CUP— _ _ _ _ _ CC CC CUP- CUP- 33. Cemeteries, crematoriums, mausolea, and columbariums CC CC 34. Mines, quarries and gravel pits; CUP- CUP- _ _ _ _ _ CC CC 35. Guest ranches; CUP- CUP- _ _ _ _ _ CC CC 36. Public and quasi-public buildings and uses. CUP- CUP- _ _ _ _ _ CC CC 37. Ho farms; Ex Ex - - - - - 38. Cattle farms mainly depending upon feed brought onto the Ex Ex - - - - - ro er ; 39. Slaughterhouses,fertilizer yards, feed yards,boneyards or plants Ex Ex - - - - - for the reduction of animal matter; 40. Commercial feed sales; Ex Ex - - - - - : 394\10\1620279.2 12/8/2014 Zoning Districts A A-1 R-1 IZHS R1C R-2 R-3 Uses 41. Other semiagriculiural uses mainly depending upon raw materials, semifinished products, or feed brought on to the Ex Ex - - - - - ro er ; 42. Other agricultural uses which, in the opinion of the Director of Ex Ex - - - - - Communi Develo ment, create a rivate or ublic nuisance. 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 -79- 394\10\1620279.2 12/8/2014 ATTACHMENT VI CHAPTER 19.56: DENSITY B(�NIUS 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. 19.5G.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.�b.020 Applicabiiify of Regulatians. 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; 394\10\1620279.2 12/8/2014 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. 1.9.56A30 I�er�sity I3onus 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 Very Low Income Low Income Moderate Income Provided in Income Category Units Units 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°/a 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% -81 - 394\10\1620279.2 12/8/2014 Percentage of Affordable Units Very Low Income Low Income Moderate Income Provided in Income Category Units Units Units 35% 35% 35% 30% 36% 35% 35% 31% 37% 35% 35% 32% 38% 35% 35% 33% 39% 35% 35% 34% 40% 35% 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. -82- 394\10\1620279.2 12/8/2014 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. f. 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 1. When an applicant for approval to convert apartxnents 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: -83- 394\10\1620279.2 12/8/2014 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 -84- 394\10\1620279.2 12/8/2014 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 Number of Affordable Units Incentives/Concessions 5% or reater 1 Very Low Income 10% or reater 2 Units 15% or reater 3 10%or reater 1 Low Income Units 20%or reater 2 30%or reater 3 10%or reater 1 Moderate Income 20% or reater 2 Units 30% or reater 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; -85- 394\10\1620279.2 12/8/2014 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 19.56.040B: 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 Gen�.��ai Req�a.iremenfs. 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. -86- 394\10\1620279.2 12/8/2014 r 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. T'he 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. T'he 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 i-unning 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. -87- 394\10\1620279.2 12/8/2014 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. 19.56.0&0 Applicatic�n Requ.irements. A. An applicant may submit a preliininary 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); -88- 394\10\1620279.2 12/8/2014 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. 19.5b.070 Findin�;s. 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 ulclusion 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. -89- 394\10\1620279.2 12/8/2014 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. -90- 394\10\1620279.2 12/8/2014 ATTACHMENT VII �HAPTER 1�.76; PUBLIC BLTILDING (BA), QUASI PUBLIC BUILDI\1G (B�?) ANDTRANSPQRTATION (T} ZaIt�TES 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. 19.76A10 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. 19.7G.020 �gplicaUiiity of Regulations. The specific regulations of this chapter shall apply to all BA,BQ and T zoning districts. 1.9.76.030 I'ermitted, Conditional and Exclu.c�ed [Jses i.n 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 ermitted 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 eriod at an sin le location. 3. Permanent emergency shelter provided the following conditions are met: - P - a. Section 19.76.030(2)(b),(d), (e); 394\10\1620279.2 12/8/2014 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. Occu anc is limited to six months or less. 4. Public utility companies regulated by the Public Utility Commission for uses restricted to administrative and office CUP- - buildings, communication equipment buildings, including - PC parking, landscaping and maintenance within an enclosed area or stora e ard; 5. Religious, civic, and comparable organizations, for uses restricted to church buildings, community halls, administrative buildings, CUP schoolrooms, recreational facilities, and athletic fields, convents, ' _PC seminaries, and similar uses customarily associated with churches, includin arkin and landsca in areas; 6. Child care facility, residential care facilities, congregate residence, CUP hos itals,vocational and s ecialized 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 or anizations and their uests); 8. Large-family daycare home; _ CUP _ -PC 9. Airports, airfields and helicopter terminals, including CUP administration and service buildings, maintenance and storage - - -PC ards 10. Railroads, including terminals and stations, freight yards, CUP marshaling yards, storage yards, administrative and service - � -PC buildin s 11. Bus terminals and stations, including administration and service CUP buildin s,maintenance and stora e ards -PC 12. Freeways, expressways, and other roads with limited or controlled CUP access, includin administrative buildin s and maintenance ards -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 - 92- 394\10\1620279.2 12/8/2014 19.76.040 Permits Required fc�r Develop�ment. 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. 19.6�.050 Application Requireme.nts. 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. 19.6�A&0 Site Developrnent TLegulatio��s. A. Maximum Height of Buildings and Structures. The height of buildings in BA,BQ and T zone districts is regulated by the development plan. B. Setbacks and Screening. 1. There are no minimum setbacks in BA, BQ or T zoning districts;provided,however, that the Planning Commission may establish minimum setbacks with respect to each individual application for a development permit or a conditional use permit in order to provide adequate light, air and visibility at intersections, and to provide general conformity with adjacent and nearby zones and lots, or to promote the general excellence of the development; 2. Adequate screening to limit noise, to reduce glare of lights, and to prevent obnoxious emissions shall be provided when deemed appropriate by the Planning Commission. -93- 394\I O\1620279.2 12/8/2014 ATTACHMENT VIII CHAPTER 19.80: PLANNEI3 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 Purpc�se. 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.Q20 Applicability c�f Regulatians. 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. 19.50A30 Establishn�ent of Districfs-Permitfied 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 394U 0\16202792 12/8/2014 permitted in a CG zoning district. For sites with a mixed-use residential designation, Section 19.80.030.F 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 "P." 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.F 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 far 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. 1�.80A�0 Zaning c�r Prezonin�;. 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. -95- 394\10\1620279.2 12/8/2014 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: L 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 concepival 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 Develapment 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. -96- 394\10\1620279.2 12/8/2014 ATTACHMENT IX CHAPTt3IZ 19.84: PERMITTED, CO�eTDITIONAL AND E�CLUDED USES IN (JPEN SPACE,PARK AND RECREATION AND PIZIVATE RECREATION Zt�NING 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.��.010 Applical�ility of Re�ulatitrns 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 Pernli4ted, Conditionai and Exciuded Us�s in Open S�ac�, Parlc and Recreatian and Private Recreafiion Zories 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 394\10\1620279.2 12/8/2014 Zoning Districts Uses OS PR FP H. Artificial or constructed pools,ponds,lakes or streams Admin P CPC I. Playgrounds Admin P CPC J. Any other use which is compatible with open space or park and recreation and otherwise is in CUP- P - conformance with the oses of the OS or PR zonin districts Admin K. Parks, and recreation facilities, as re lated b Title 13 of this code - P - L. Agricultural activities for educational and recreational purposes, such as community _ P - ardens and hobb farms M. Single-family residences for the purpose of housing a caretaker for the park. The residence may _ P _ take the form of a mobilehome as well as a ermanent residential structure. 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. Parkin facilities as necessa for ark usa e - 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 olf, .; 394U 0\1620279.2 12/8/2014 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 sunilar 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 intensi 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 intensi and characteristics of use to those enumerated in this subsection. .. 394\10\1620279.2 12/8/2014 R. S. T. U Key: Zoning Districts Uses Subsidiary Uses: 1. Competition and tournament facilities, including stadium seating,concession stands and box office/ticket sales for on-premises events only, 2. Restaurant without separate bar facility, 3. Repair shop, servicing equipment associated with the activities authorized under the principal use permit, 4. Retail sales of equipment and supplies customarily associated with the activities authorized under the principal use permit, 5. Caretaker's or security officer's residence 6. Other uses deemed by the Planning Commission or City Council to be subsidiary to the principal use authorized on the site. Card Clubs and similar businesses operatin��ames of chance Other uses which are found by the Director of Community Development to be in conflict with the obiective of the FP zonin�district P— CUP—Admin.— CUP—PC— CUP—CC— Ex- 394U 0\16202792 12/8/2014 Permitted Use Not Allowed Conditional Use Permit issued by the Director of Community Development Conditional Use Permit issued by the Planning Commission Conditional Use Permit issued by the City Council Excluded Uses -100- .� PR FP CUP- PC Ex Ex Ex ATTACHMENT X �HAPTER 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. 19144.090 Public Hearing and Ordinance Required. 19.144.110 Findings. 19.144120 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.Q10 Findings and L?eclarati€�n of i�tent. 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 plarining 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 394\10\1620279.2 12/8/2014 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 Develaprr►ent 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 Applicafiivn Recyuirernents. 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,T�4.E}50 Qualification as an A�plicant. 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. 394\10\1620279.2 12/8/2014 19.144.060 Praposed Forrn 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. 394\10\16202792 12/8/2014 19.144.070 Contents of a Deveioprnenfi Agreement. A. A development agreement shall specify its duration, the permitted uses of the property, the density and/or intensity of use, the maxixnum 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 Cansistency with General and Specifzc Pians. 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. 19.14�.090 Public Hearing and C}rdinaz�ce 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. 19.14�.110 Fi�ding�. 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; 394\10\1620279.2 12/8/2014 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 Irregularify in Proceedang. 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 Tirne for and Initiation af 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. 19.1�4.150 Pinding of Contpliance-A��eal. 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. 29.T44.160 Findin�;flf l�joncQr��€pliance-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 394\10\16202792 12/8/2014 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 lunits 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. 19.144.1.9t} Cancellation c�r Modificatic�n 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. I9.144.200 Canceliatian by fhe 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. 19.1�4.210 Rights of the Parties after Cancellatian or Terminatian. 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 394\10\1620279.2 12/8/2014 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 R�uies Affecting Deveiopment Agreernent. 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 se�arate Pr€�cedure. 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. 19.144.2�0 Effecfi 4f De�elc��ntent Agreentent. 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. 19.144.25Q Cvnstruction. 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 394\10\1620279.2 12/8/2014 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. 19.144.26C! Execution and Recordation of Development Agreement, Arnendrnent 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 ar 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. 1.9.T44.270 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. 394\10\1620279.2 12/8/2014 ATTACHMENT XI CHAPTER 19.172: BELOW MARKET RATE HC3liSING PRQGRAM 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.E110 Purpc�se 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.T72.Q20 Below Market Rate {BMR} Housing Prc�gra�n Req�irerne��ts 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. 394\10\1620279.2 12/8/2014 19.172.030 BMIt Prograni 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. 394\10\1620279.2 12/8/2014