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11-01-11 Searchable PacketTable of Contents Agenda..... ..............................3 October 18 City Council minutes Draft minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Treasurer's Investment and Budget Report for Quarter Ending September 2011 Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Investment Portfolio . . . . . . . . . . . . . . . . . . . . . . . . 17 Retiree Health Trust Report . . . . . . . . . . . . . . . . . . . . 18 Investments by Type, Rate of Return, and Compliance Charts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 General Fund Budget Report . . . . . . . . . . . . . . . . . . . 21 Expenditure and Revenue Charts . . . . . . . . . . . . . . . . . 22 Accounts Payable for period ending October 14, 2011 Draft Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Accounts Payable for period ending October 21, 2011 Draft Resolution . . . . . . . . . . . . . . . . . . . . . . . . . 37 Cupertino Village development approval extensions Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 A. Planning Commission Resolution No. 6670 (Denial) . . . . . . 53 B. Original Draft Resolution (Approval) . . . . . . . . . . . . . . 74 C. Request for Postponement . . . . . . . . . . . . . . . . . . . 96 D. Draft Planning Commission Minutes of October 11, 2011 ... .............................97 E. Planning Commission Staff Report of October 11, 2011 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 F. April 15, 2008 City Council Action Letter of original approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 G. August 7, 2008 Design Review Committee Letter of original approval. . . . . . . . . . . . . . . . . . . . . . . . . 136 H. July 20, 2010 City Council Action Letter of one -year extension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 I. Applicant's Request Letter . . . . . . . . . . . . . . . . . . . . 141 J. Approved Use Permit & Architectural Site Approval plans for reference . . . . . . . . . . . . . . . . . . . . . . . . . 142 K. Approved Architectural Site Approval plans for reference . . . . . . . . . . . . . . . . . . . . . . . . . . . . .165 Consider drafting a Tobacco Retail License ordinance for the City of Cupertino Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . 185 A. Samples of tobacco retail license ordinances . . . . . . . . . 190 Second reading and enactment of ordinances for Home of Christ Expansion Proposal Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192 A. Ordinance No. 11 -2083 (Municipal Code Amendment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 1 B. Ordinance No. 11 -2084 (Rezoning) . . . . . . . . . Second reading and enactment of Municipal Code amendments to Zoning Ordinance Staff Report . . . . . . . . . . . . . . . . . . . . . . . A: Ordinance No. 11 -2085 . . . . . . . . . . . . . . . . B: Pages from Ordinance 11 -2085 showing the amendments discussed . . . . . . . . . . . . . . . . . .....212 .....215 .....217 .....598 E L EI AGENDA CUPERTINO CITY COUNCIL — REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY — REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, November 1, 2011 6:45 PM CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION CEREMONIAL MATTERS — PRESENTATIONS Subject: Presentation from the Tobacco Free Coalition of Santa Clara County in appreciation for adopting a smoke -free recreational areas ordinance Recommended Action Receive presentation Page No written materials in packet 2. Subject Presentation from the Cupertino- Hsinchu Sister City Association Recommended Action Receive presentation Page No written materials in packet 3. Subject Presentation from Cupertino- Toyokawa Sister City Recommended Action Receive presentation Page No written materials in packet POSTPONEMENTS The applicant is requesting that item 8 be postponed. The applicant is requesting a postponement to the December 20 2011 City Council meeting. WRITTEN COMMUNICATIONS 3 Tuesday, November 1, 2011 ORAL COMMUNICATIONS Cupertino City Council Cupertino Redevelopment Agency This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and /or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 4. Subject October 18 City Council minutes Recommended Action Approve minutes Draft minutes Page 8 5. Subj ect Treasurer's Investment and Budget Report for Quarter Ending September 2011 Recommended Action Accept the report Staff Report Investment Portfolio Retiree Health Trust Report Investments by Type, Rate of Return, and Compliance Charts General Fund Budget Report Expenditure and Revenue Charts Page 15 6. Subj ect Accounts Payable for period ending October 14, 2011 Recommended Action Adopt Resolution No. 11 -183 Draft Resolution Page 26 7. Subject Accounts Payable for period ending October 21, 2011 Recommended Action Adopt Resolution No. 11 -184 Draft Resolution Page 37 ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 0 Tuesday, November 1, 2011 Cupertino City Council Cupertino Redevelopment Agency PUBLIC HEARINGS 8. Subject Cupertino Village development approval extensions Recommended Action Consider the Applicant's request to postpone the item. The applicant is requesting that the item be postponed to the December 20th, 2011 City Council meeting OR Consider the Planning Commission's recommendation to deny Modification Applications: M- 2011 -03 - Modification to a previously approved Use Permit (U- 2007 -06); and M- 2011 -04 - Modification to a previously approved Architectural and Site Approval (ASA- 2007 -10); and M- 2011 -05 - Modification to a previously approved Architectural and Site Approval (ASA - 2008-04) Description Applicant: David Jamieson (Kimco Realty); Application Nos: M- 2011 -03, M- 2011-04, M- 2011 -05; Location: 10825 -10983 North Wolfe Road; APN's: 316 05 050, 51, 52; Descriptions: Modification to a previously approved Architectural and Site application (ASA- 2008 -04) to extend the expiration date for three years; Modification to a previously approved Use Permit (U- 2007 -06) to extend the expiration date for three years; Modification to an approved Architectural and Site application (ASA- 2007 -10) to extend the expiration date for three years; environmental determination exempt Staff Report A. Planning Commission Resolution No. 6670 (Denial) B. Original Draft Resolution (Approval) C. Request for Postponement D. Draft Planning Commission Minutes of October 11, 2011 E. Planning Commission Staff Report of October 11, 2011 F. April 15, 2008 City Council Action Letter of original approval G. August 7, 2008 Design Review Committee Letter of original _ approval H. July 20, 2010 City Council Action Letter of one -year extension L Applicant's Request Letter J. Approved Use Permit & Architectural Site Approval plans for reference K. Approved Architectural Site Approval plans for reference Page 51 UNFINISHED BUSINESS NEW BUSINESS 9. Subject: Consider drafting a Tobacco Retail License ordinance for the City of Cupertino Recommended Action Provide direction to staff on whether to proceed with the development of a Tobacco Retail License ordinance and propose process and timeline for the development and adoption of the ordinance Staff Report A. Samples of tobacco retail license ordinances Page 185 5 Tuesday, November 1, 2011 Cupertino City Council Cupertino Redevelopment Agency 10. Subject Council meeting of December 20 Recommended Action Consider cancelling meeting Page No written materials in packet ORDINANCES 11. Subject Second reading and enactment of ordinances for Home of Christ Expansion Proposal Recommended Action Conduct second reading and enact Ordinance No. 11 -2083: "An Ordinance of the City Council of the City of Cupertino, which repeals certain conditions referenced in Ordinance No. 360: #13, #14, #15, and 419 found in Planning Commission Resolution No. 406 and Planning Commission Resolution No. 409 in its entirety; and modifies Exhibit "C" by adding: ancillary general commercial uses as a permitted use; technical colleges & existing churches approved with a conditional use permit as conditional uses; and daycare centers, schools, convalescent centers & other sensitive receptors as prohibited uses; and amends Chapter 19.60 (Light Industrial (ML) Zones) of the Cupertino Municipal Code, related to the streamlining and codification of the ML -rc (West Valley Light Industrial) Zoning regulations" and; Conduct second reading and enact Ordinance No. 11 -2084: "An Ordinance of the Cupertino City Council rezoning a parcel of 1.612 acres and its fronting half - street of 0.189 acre located at 10340 Bubb Road, APN 357 -20 -019" Description Applicant: Kevin Chiang (Home of Christ Church); Applications: MCA -2011- 01 & Z- 2011 -01; Locations: 10340 Bubb Road & West Valley Industrial Park; Environmental Determination: Negative Declaration (EA- 2011 -02) Staff Report A. Ordinance No. 11 -2083 (Municipal Code Amendment) B. Ordinance No. 11 -2084 (Rezoning) Page 192 12. Subject Second reading and enactment of Municipal Code amendments to Zoning Ordinance Recommended Action Conduct second reading and enact Ordinance No. 11 -2085: "An Ordinance of the City Council of the City of Cupertino amending various chapters including Title 19, and the addition of up to four chapters to simplify the Development Permit Process and improve readability" Description Municipal Code Amendments to various chapters including Title 19, and the addition of up to four chapters to simplify the development permit process and improve readability Staff Report A: Ordinance No. 11 -2085 B: Pages from Ordinance 11 -2085 showing the amendments discussed Page 215 C Tuesday, November 1, 2011 STAFF REPORTS COUNCIL REPORTS ADJOURNMENT Cupertino City Council Cupertino Redevelopment Agency REDEVELOPMENT AGENCY MEETING Canceled for lack of business. The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council/Redevelopment Agency must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Any interested person, including the applicant, prior to seeking judicial review of the city council's decision with respect to quasi-judicial actions, must first file a petition for reconsideration with the city clerk within ten days after the council's decision. Any petition so filed must comply with municipal ordinance code §2.08.096. In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk's office at 408 - 777 -3223 at least 48 hours in advance of the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda /minutes page on the Cupertino web site. 7 L EI DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, October 18, 2011 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Gilbert Wong called the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL Present: Mayor Gilbert Wong, Vice -Mayor Mark Santoro, and Council members Barry Chang, Orrin Mahoney, and Kris Wang. Absent: none. CLOSED SESSION - None CEREMONIAL MATTERS — PRESENTATIONS 1. Sub' ect: In memoriam: lives lost at Lehigh Cement Plant Sandra James spoke on behalf of the employees and families of the Lehigh Cement Plant and thanked all of the community and staff who did what they could to help. 2. Subject Video presentation on Steve Jobs Recommended Action Receive presentation The City Channel staff showed a video memorializing Steve Jobs. Michael Gottwald thanked Steve Jobs for all he did for Cupertino. He said he thought a monument should be put up in the City to memorialize him. POSTPONEMENTS - None WRITTEN COMMUNICATIONS Deputy City Clerk Grace Schmidt distributed the following written items: • Item number 8: staff PowerPoint; desk item from staff showing Planning Commission Resolution No. 406 • Item number 9: email from Jennifer Griffin; letter from Charles Kahn; email from Edward Chan; staff PowerPoint; desk item from staff showing minor corrections to the draft ordinance October 18, 2011 Cupertino City Council Page 2 ORAL COMMUNICATIONS Deb Kramer, representing Energy Upgrade California Program, invited everyone to a homeowners' workshop on Wed., Nov. 2 at 6:30 PM in the Cupertino Community Hall. She said that the program helps to reduce greenhouse gases and conserve energy. She noted that the program offers $4,000 in rebates and Santa Clara County has also offered additional funding to help homeowners with the testing. The workshop is being put on by PG &E and Erin Cooke from the City's Environmental Affairs department. Ann Smart, Director of Energy and the Silicon Valley Leadership Group invited everyone to the 7th Annual Applied Materials Silicon Valley Turkey Trot. She said the event includes a 5K run or walk and a IOK run, along with other special competitions. She noted that they expect 17,500 participants this year and hope to raise and donate more than $500,000 for the Second Harvest Food Bank, the Housing Trust, and the Children's Health Initiative. Kathleen King from the City of Saratoga also talked about the Silicon Valley Turkey Trot and invited Council to participate in the Mayor's Cup Challenge competition portion of the event. CONSENT CALENDAR Wang moved and Mahoney seconded to approve the items on the Consent Calendar as recommended. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. Abstain: None. 3. Subject October 4 City Council minutes Recommended Action Approve minutes 4. Subject Accounts Payable for period ending September 30, 2011 Recommended Action Adopt Resolution No. 11 -177 5. Subj ect Accounts Payable for period ending October 7, 2011 Recommended Action Adopt Resolution No. 11 -178 6. Subject Obsolete records destruction from City Clerk and Parks & Recreation (Senior Center) departments Recommended Action Adopt Resolution No. 11 -179 7. Subject Improvement Agreement, Four Point Holdings, LLC, a California limited liability company, 10218 & 10228 Orange Avenue, APN 357 -18 -031 Recommended Action Adopt Resolution No. 11 -180 Description Through the improvement agreement with the City, the applicant for a building permit for two single- family residential developments will be obligated to bond and construct city- specified roadside improvements along the street frontage of their building sites ITEMS REMOVED FROM THE CONSENT CALENDAR (above) - None 9 October 18, 2011 Cupertino City Council Page 3 PUBLIC HEARINGS 8. Subject Home of Christ Assembly Use Expansion Proposal Recommended Action Approve project and conduct the first reading of Ordinance No. 11- 2083: "An Ordinance of the City Council of the City of Cupertino amending Chapter 19.60 (Light Industrial (ML) zones) of the Cupertino Municipal Code, related to the Streamlining and codification of the ML -rc (West Valley Light Industrial) zoning regulations, and the repeal of Ordinance No. 360 "; and Ordinance No. 11 -2084: "An Ordinance of the Cupertino City Council rezoning a parcel of 1.612 acres and its fronting half - street of 0.189 acre located at 10340 Bubb Road, APN 357 -20 -019 "; and adopt Resolution No. 11 -181 Description Applicant: Kevin Chiang (Home of Christ Church); Applications: EXC -2011- 01, GPA- 2011 -01, MCA - 2011 -01, U- 2011 -01, Z- 2011 -01; Location: 10340 & 10420 Bubb Road; APNs: 357 -20 -019, 357 -20 -038; Environmental Determination: Negative Declaration (EA- 2011 -02); Description: Parking Exception for shared parking between 10340 and 10420 Bubb Road; General Plan Land Use Map Amendment to change land use designation from "Quasi- Public /Institutional" to "Industrial/Residential /Commercial" for 10340 Bubb Road; Municipal Code Amendment to integrate and update the West Valley Industrial Park Zoning regulations into the ML Zoning District; Conditional Use permit to allow the existing Home of Christ assembly uses in two existing buildings at 10340 and 10420 Bubb Road; Re -Zone approximately 1.7 acres from BQ (Quasi - Public building) to ML -rc (West Valley Light Industrial) located at 10340 Bubb Road. Senior Planner Colin Jung reviewed the staff report. Applicant Kevin Chiang said that for the past two years, he worked with the City, professional consultants, church leaders, and residents to present the project before Council tonight. He encouraged Council to approve the project as a collaborative effort for the City and because the church provides a relevant, vital, and healthy resource for the community. Ash Pirayou, legal counsel on behalf of Home of Christ Church, asked Council to approve the application as recommended by the Planning Commission and City staff. He discussed the conditions and noted that Exhibit A of the conditional use permit offered a current, detailed plan of the church operations. He mentioned that nobody spoke in opposition of the project at the Planning Commission meeting. Jack Yuan, elder of Home of Christ Church and Cupertino resident, said that the church has both an English and Chinese congregation and offers many activities that serve the community. He noted that they have an agreement with the neighbors for parking spaces and that the church is a member of the Chamber of Commerce. He asked Council to approve the proj ect. At 7:32 PM Mayor Wong opened the public hearing. Jennifer Griffin said that she attended most of the planning meetings for the project. She said that the City can only have four General Plan Amendments per year and wondered how the City normally handles requests for these amendments. 10 October 18, 2011 Cupertino City Council Page 4 At 7:34 PM Mayor Wong closed the public hearing. Community Development Director Aarti Shrivastava said that if there are more than four requests in a year, they are bundled up as one amendment, but staff doesn't anticipate any more this year. Santoro moved and Chang seconded to adopt a Negative Declaration. The motion carried unanimously. Wang moved and Chang seconded to approve GPA- 2011 -01 and adopt Resolution No. 11- 181. The motion carried unanimously. The City Clerk read the title of Ordinance No. 11 -2083. Wang moved and Chang seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. Absent: None. The motion regarding Ordinance No. 11 -2083 approved the following: a) Repeals certain conditions referenced in Ordinance No. 360: #13, #14, #15, and 919 found in Planning Commission Resolution No. 406 and Planning Commission Resolution No. 409 in its entirety; and b) Modifies Exhibit "C" by adding: 1) Ancillary general commercial uses as a permitted use; 2) Technical colleges & existing churches approved with a CUP as a conditional use 3) Daycare centers, schools, convalescent centers & other sensitive receptors as prohibited uses; c) Amends Chapter 19.60 (Light Industrial (ML) zones) of the Cupertino Municipal Code, related to the streamlining and codification of the ML -rc (West Valley Light Industrial) zoning regulations Wang moved and Chang seconded to approve Z- 2011 -01. The motion carried unanimously. The City Clerk read the title of Ordinance No. 11 -2084. Chang moved and Mahoney seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. Absent: None. Santoro moved and Chang seconded to approve U- 2011 -01. The motion carried unanimously. Wang moved and Santoro seconded to approve EXC- 2011 -01 for shared parking. The motion carried unanimously. The Council recessed from 7:54 PM to 8:06 PM. 11 October 18, 2011 Cupertino City Council Page 5 9. Subject Municipal Code Amendments to reflect changes previously discussed to simplify the Development Permit Process Recommended Action Conduct the first reading of Ordinance No. 11 -2085: "An Ordinance of the City Council of the City of Cupertino amending various Chapters including Title 19, and the addition of up to four Chapters to simplify the Development Permit Process and improve readability ", and Adopt Resolution No. 11 -182 Description Municipal Code Amendments to various chapters including Title 19, and the addition of up to four chapters to simplify the development permit process and improve readability. Associate Planner Piu Ghosh reviewed the staff report. At 8:16 PM Mayor Wong opened the public hearing. Jennifer Griffin said that this development permit process was a waste of time and money and she doesn't want anything to be changed. She said she is worried that this is another way to get rid of the R1 zoning designation to eliminate story poles and reduce neighborhood noticing. She was concerned about the possible elimination of the Environmental Review Committee and the Planning Commission. At 8:18 PM Mayor Wong closed the public hearing. The City Clerk read the title of Ordinance No. 11 -2085. Mahoney moved and Chang seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. Absent: None. Mahoney moved and Chang seconded to adopt Resolution No. 11 -182. The motion carried unanimously. UNFINISHED BUSINESS - None NEW BUSINESS 10. Subject Set date for City Attorney review Recommended Action Schedule review on December 6 from 4 -6 PM Mahoney moved and Chang seconded to set the date as recommended. The motion carried unanimously. ORDINANCES 11. Subject Amend Sections 2.08.080B, 2.08.090A and 2.08.09C and add Sections 2.08.090D and 2.08.090E of the Municipal Code Recommended Action Conduct second reading of Ordinance No. 11 -2081: "An ordinance of the City Council of the City of Cupertino amending Chapter 2.08 of the Cupertino Municipal Code regarding City Council rules and conduct of meetings" 12 October 18, 2011 Cupertino City Council Page 6 The City Clerk read the title of Ordinance No. 11 -2081. Jennifer Griffin said that she should have been able to speak before the second reading was done. She said she was concerned about the moving around of items on the agenda, and that the first reading was done at the previous meeting with only three Council members present. Acting City Attorney Gary Baum responded that the Brown Act requires the public to be allowed to speak on every item before Council makes an action. Mahoney moved and Santoro seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. Mahoney moved and Santoro seconded to enact Ordinance No. 11 -2081. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. 12. Subject Amend Section 11.20.020 of the Cupertino Municipal Code relating to vehicular stop required at certain intersections; Apple Tree Lane at Vista Drive Recommended Action Conduct second reading of Ordinance No. 11 -2082: "An ordinance of the City Council of the City of Cupertino Amending Section 11.20.020 of the Cupertino Municipal Code relating to vehicular stop required at certain intersections; Apple Tree Lane at Vista Drive" The City Clerk read the title of Ordinance No. 11 -2082. Mahoney moved and Chang seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. Mahoney moved and Chang seconded to enact Ordinance No. 11 -2082. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. STAFF REPORTS City Manager Dave Knapp noted that Arbor Day this year will be celebrated in conjunction with the Audubon Society's Wildlife Education Day on October 12. A newly planted tree will be unveiled to mark the occasion. He noted that in the future, Cupertino's Earth Day celebrations will also include Arbor Day. He also mentioned that tonight was Gary Baum's last meeting as Acting City Attorney and thanked him for his service to the City. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. 13 October 18, 2011 Cupertino City Council Page 7 ADJOURNMENT At 9:08 PM, the meeting was adjourned in memory of Lehigh Cement Plant workers Manuel Guadalupe Pinon, John Robert Vallejos, Mark Douglas Munoz, and Apple founder Steve Jobs. Grace Schmidt, Deputy City Clerk Staff reports, backup materials, and items distributed at the City Council meeting are available for review at the City Clerk's Office, 777 -3223, and also on the Internet at www.cupertino.org Click on Agendas & Minutes, then click on the appropriate Packet. Most Council meetings are shown live on Comcast Channel 26 and AT &T U -verse Channel 99 and are available at your convenience at www.cupertino.org Click on Agendas & Minutes, then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777 -2364. 14 4,`'� fps s ADMINISTRATIVE SERVICES DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3220 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: November 1, 2011 Subs ect Treasurer's Investment and Budget Report for Quarter Ending September 2011 Recommended Action Accept the report Discussion and Fiscal Impact Investments The market and book value of the City's portfolio both totaled $47.5 million at September 30, 2011. The portfolio's September yield of 0.28% was up from the June 2011 yield of 0.27% but down from the year ago rate of 0.33% due to the portfolio's safe and liquid mix of investments given the risk and volatility of the market. The LAIF benchmark was at 0.38% for September, down from 0.45% in June and 0.50% a year ago, due to lower market interest rates. The portfolio decreased $4.2 million during the quarter due to sheriff, capital project, and sales tax consultant payments. Six million of maturing Treasuries were used for new Treasury purchases or cash disbursements. Investments are in full compliance with the City investment policy and State law and are tiered to provide sufficient cash flows to pay City obligations over the next six months. Market values on individual securities in the investment portfolio are provided by Wells Fargo Bank Institutional Trust Services using valuations from Interactive Data Pricing and Reference Data, Inc. The retiree health trust market value declined from $9.7 million to $8.8 million during the quarter, reflecting the fall in the stock market during the quarter. The portfolio, with 52% in stocks, 44% in bonds, and 4% in cash, fell 9.75% for the quarter and is now about even in investment returns since the trust's inception fifteen months ago. Short-term volatility of market value is anticipated, with positive returns expected in the long -run to fund future retiree medical obligations. General Fund Budget Report Revenues for the quarter ending in September 2011 are up 16 % over the quarter a year ago and ahead of budget projections. Sales and transient occupancy taxes, and building and recreation 15 fees are exceeding expectations while investment returns, utility taxes and franchise fees are coming in below projections. Expenditures for the same quarter are up 7% over last year, and on track with the budget, as costs are incurred to service the higher volume of business resulting from growing recreation and building revenues. Prepared by David Woo, Deputy Treasurer Reviewed by. Carol A. Atwood, City Treasurer Approved for Submission by David W. Knapp, City Manager Attachments: Investment Portfolio Retiree Health Trust Report Investments by Type, Rate of Return, and Compliance Charts General Fund Budget Report Expenditure and Revenue Charts iLT City of Cupertino Investment Portfolio September 30, 2011 ACTIVITY DATE COUPON YIELD ADJUSTED MATURITY MARKET UNREALIZED DESCRIPTION RATE ToMaturit COST VALUE VALUE PROFIT /LOSS SECURITIES MATURED 07/28/10 07/31/11 US Treasury Note 1.00% 0.32 2,000,000 2,000,000 2,000,000 0 08/27/10 08/31/11 US Treasury Note 1.00% 0.28 2,000,000 2,000,000 2,000,000 0 09/2810 09/30/11 US Treasury Note 1.00% 0.250o 2,000,000 2,000,000 2,000,000 0 SECURITIES PURCHASED 08/25/11 03/31/13 US Treasury Note 0.75% 0.19% 3,025,292 3,000,000 3,023,550 (1,742) 0926/11 07/31/13 US Treasury Note 0.38% 0.20 2,006,524 2,000,000 2,004,300 (2,224) CITY PORTFOLIO CASH 09/30/11 Wells Fargo - Workers Comp Checking 20,528 20,528 20,528 0 09/30/11 Wells Fargo - Regular Checking 161,395 161,395 161,395 0 09/30/11 Wells Fargo - Repurchase Agreements 0.05% 005 0 6 343,768 343,768 343,768 0 525,691 525,691 525,691 0 LAIF 09/30/11 LAIF - State Pool 0.38% 0.38% 596,944 596,944 596,944 0 MONEY MARKET FUNDS 09/30/11 Wells Fargo 100% Treasury 0.01% 0.0106 6,306,934 6,306,934 6,306,934 0 6,306,934 6,306,934 6,306,934 0 US TREASURY SECURITIES 12/20/10 10/31/11 US Treasury Note 1.00 0, 0 0.26 2,001,246 2,000,000 2,001,480 234 01/19/11 11/30/11 US Treasury Note 0.75 0 , , o 0.23 °o 3,002,587 3,000,000 3,003,270 683 01 /11 /11 01/31/12 US Treasury Note 0.88% 0.30 °u 6,011,681 6,000,000 6,016,140 4,459 02/02/11 02/29/12 US Treasury Note 0.88% 0.2800 4,009,936 4,000,000 4,012,960 3,024 03/28/11 03/31/12 US Treasury Note 1.00 0.270o 1,003,642 1,000,000 1,004,410 768 05/25/11 04/30/12 US Treasury Note 1.00 0.17 1,004,807 1,000,000 1,005,080 273 05/11111 06/30/12 US Treasury Note 0.63% 0.22 1,003,036 1,000,000 1,003,440 404 05/25/11 07!31/12 US Treasury Note 0.630o 0.23 1,003,274 1,000,000 1,003,848 573 06/15/11 07/31/12 US Treasury Note 0.63 0, 0 0.24% 1,003,239 1,000,000 1,003,812 573 06/03/11 08/31/12 US Treasury Note 0.38% 0.24% 1,001,269 1,000,000 1,001,896 627 06/15/11 08/31 %12 US Treasury Note 0.38% 0.2500 2,002,370 2,000,000 2,003,624 1,254 03/28/11 09/30/12 US Treasury Note 0.38% 0.520o 998,550 1,000,000 1,000,648 2,098 06/15/11 09/30/12 US Treasury Note 0.38% 0.26% 1,001,149 1,000,000 1,003,252 2,104 06/03/11 10/15/12 US Treasury Note 1.38% 0.270 1,011,490 1,000,000 1,012,230 740 06/27/11 101/31/12 US Treasury Note 0.3800 0.210o 2 2,000,000 2,004,140 673 05 /19/11 11/30/12 US Treasury Note 0.5000 0.36 1,001,606 1,000,000 1,002,794 1,189 06/27/11 11/30/12 US Treasury Note 0.50% 0.23 1,003,195 1,000,000 1,004,386 1,191 03/28/11 12/31/12 US Treasury Note 0.6300 0.64 999,778 1,000,000 1,005,270 5,492 03/28/11 03/15/13 US Treasury Note 1.380o 0.720o 1,009,493 1,000,000 1,016,410 6,917 08/25/11 03/31/13 US Treasury Note 0.75% 0.19% 3,025,292 3,000,000 3,023,550 (1,742) 05/06/11 04/30/13 US Treasury Note 0.6300 0.57 1,000,872 1,000,000 1,006,050 5,178 05/19/11 06/15/13 US Treasury Note 1.13 0.580o 1,009,261 1,000,000 1,014,410 5,149 09/26/11 07/31/13 US Treasury Note 0.3800 0.200o 2 2,000,000 2,004,300 (2 03'28/11 09/15/13 US Treasury Note 0.75 0.96% 996,031 1,000,000 1,008,940 12,909 40,113,793 40,000,000 40,166,340 52,547 Total Managed Portfolio 47.543.362 1 47.429.569 1 47.595.909 1 52.547 Average Yield 0.28% Average Length to Maturity (in years) 0.72 TRUST PORTFOLIO MONEY MARKET FUNDS Kester Trust 09/30/11 Wells Institutional Money Mkt Acct 0.07% 0.07% 48,459 48,459 48,459 0 BOND RESERVE PORTFOLIO Bond Reserve Acct Ambac Assurance Security Bond I 1 I 17 HIGHM Selected Period Performance CAPITAL MANAGEMENT PARS /CITY OF CUPERTINO PRHCP Perioa Enaing: 09/30/2011 Account Inception: 07/01/2010 Returns are gross -of -fees unless otherwise noted. Returns for periods over one year are annualized The information presented has been obtained from sources believed to be accurate and reliable. Put performance is not indicative of future return. Securities we not FDIC insured, have no bank guarantee, and may lose value. 1 18 Year Inception to Date to Date Sector Market Value 1 Month 3 Months (9 Months) 1 Year (15 Months) Cash Equivalents 341,295 .00 .01 .02 .04 .06 iMoneyNet, Inc. Taxable (All) .00 .00 .00 .00 .00 Total Fixed Income 3,828,570 -.78 .28 3.01 2.24 4.03 BC US Aggregate Bd Index (USD) .73 3.83 6.67 5.29 6.28 Total Equities 4,604,831 -9.47 -17.91 -13.78 -3.90 7.09 S &P 500 Composite Index -7.03 -13.86 -8.67 1.14 9.93 Total Managed Portfolio 8,785,410 -5.47 -9.75 -6.12 -2.08 .12 Account Inception: 07/01/2010 Returns are gross -of -fees unless otherwise noted. Returns for periods over one year are annualized The information presented has been obtained from sources believed to be accurate and reliable. Put performance is not indicative of future return. Securities we not FDIC insured, have no bank guarantee, and may lose value. 1 18 !stments by Type inaged Portfolio LAIF 1% Cash Money Market 1 %_ 13% 0.70% 0.60% 0.50% 0.40% 0.30% 0.20% 0.10% 0.00% Rate of Return Comparison tLAIF f Cupertino ^ p\ N N N y\ y � p� h� c l e 19 Compliance Schedule COMPLIANCE WITH INVESTMENT POLICY City of Cupertino September 30, 2011 Category Standard Comment Treasury Issues No limit Complies US Agencies No limit Complies Medium Term Corporate Bonds 30% with A rating Complies LAIF $50 million Complies Money Market Funds 20% Complies Maximum Maturities Up to 5 years Complies Per Issuer Max 10% (except for Treasuries and US Agencies) Complies Bankers Acceptances 180 days & 40% Complies Commercial Paper 270 days & 25% Complies Negotiable Certificates of Deposit 30% Complies Repurchase Agreements 365 days Complies Reverse Repurchase agreements Prohibited Complies Page 2 20 City of Cupertino General Fund Budget Report September 30, 2011 Bud et Actual 2010/11 2011/12 9/30/2010 9/30/2011 Analysis of Trends Taxes: Sales Tax 12,117,875 14,283,000 2,341,974 3,113,501 Business to business tech sector improvement Property Tax 12,076,000 11,951,000 - 5,184 Receipts start in next quarter Transient Occupancy 2,094,000 2,590,000 490,600 557,894 Revenue per available room up Utility Tax 3,433,000 3,540,000 552,158 470,454 Down in all categories Franchise Fees 2,656,000 2,860,000 150,390 129,034 Different year of reporting some fees in 2010 Other Taxes 1,224,000 1,190,000 226,162 221,055 Licenses and Permits 2,610,000 2,618,000 805,895 861,942 Pickup in building projects Use of Money & Property 1,188,000 969,000 136,327 101,846 New reporting treatment for interest earned but not yet received Intergovernmental 582,000 575,587 130,086 103,868 Different grants Charges for Services 1,652,000 1,552,000 493,910 689,789 Recreation fees up Fines & Forfeitures 920,000 650,000 80,130 71,865 Lower fine assessments by courts Other Revenue 100,000 100,000 9,075 - 35,208 Audit adjustment Total Revenue 40.652.875 42878.587 5.416.707 6291 224 16% over prior year Operating Expenditures: Administrative 1,611,139 1,740,880 318,339 329,054 Within budget Law Enforcement 8,884,396 8,979,762 2,192,621 2,261,977 Within budget Public & Environ. Affairs 1,497,263 1,652,042 292,656 323,337 City Channel & website higher Administrative Service 4,335,491 4,572,746 910,097 950,959 Within budget with litigation costs Recreation Service 4,480,147 4,292,066 949,456 1,136,363 Recreation costs up to correspond w /revenues Community Development 3,850,000 4,152,214 628,842 718,571 Within budget; increased development activity Public Works 12,533,314 12,436,272 2,408,961 2,508,219 Within budget, more engineering, building & field maintenance Total Expenditures 37 191 750 37.825.982 7 700 972 8228.480 7% over prior year; within budget Transfers In 337,482 34,820 66,249 8,703 Capital and technology savings Transfers Out - 7,049,283 - 6,430,800 - 1,681,248 - 1,607,700 Debt service, capital, technology, and retiree medical funding Net Gain/(Loss) -3 250 676 -1 343 375 -3 899 264 -3 536 253 21 General Fund Revenues Projected vs. Actual Quarter Ending ■ Projected, per current budget Actual General Fund Expenditures Projected vs. Actual 9,000 C m 3 0 41 8,500 m 0 0 8,000 7,500 9/11 Quarter Ending 22 ■ Projected, per current budget ■ Actual 7,000 V) C 6,000 - w m 3 o o � 0 5,000 - m w 4,000 9/11 Quarter Ending ■ Projected, per current budget Actual General Fund Expenditures Projected vs. Actual 9,000 C m 3 0 41 8,500 m 0 0 8,000 7,500 9/11 Quarter Ending 22 ■ Projected, per current budget ■ Actual Sales Tax Projected vs. Actual $4,000 C m 41 w 3 m o m � o � L $2,000 m w $0 9/11 Quarter Ending ■ Projected, per current budget Actual 23 Transient Occupancy Tax Projected vs. Actual 600 C M 3 0 w p 500 12 L M 400 9/11 Quarter Ending ■ Projected, per current budget Actual Licenses & Permits Projected vs. Actual 1,000 V) M C M 3 0 w t M 750 ■ Projected, per current budget 0 '7 ■ Actual L M 500 9/11 Quarter Ending 24 Charges for Services Projected vs. Actual 750 7 7 . Projected, per current budget Actual 9/11 Quarter Ending Use of Money & Property Projected vs. Actual I 9/11 Quarter Ending 25 I � c m 0 500 m 0 0 250 c m 200 0 4 150 Projected, per current budget m I ? Actual 0 100 m } 50 I 9/11 Quarter Ending 25 I � c m 0 500 m 0 0 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING , 2011 OCTOBER 14 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of fiends for payment hereof, and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the fiends as hereinafter set forth in Exhibit "A" CERTIFIED: 0AAAID Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this day of , 2011, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: Kimberly Smith, City Clerk Gilbert Wong, Mayor, City of Cupertino W 0 ri H M un Q m anw 4l In In Ill In mmmmm m Ilr r1 wO H H d'r m N p o IT M o w O U T N ral r rr rrr rmm mm W mh � wN Q+ .� N Md' In O m �' b O w r { o H Ln al v Mmmm wm riH ri rf ri ri am oal Nto .gym Lnw r rHO «1 w b p o o m ri m Nr1 mmmmmm V'e7. ` o V W rim m In �"'m V' In V'to rm H m m m w r N r m H N N N N N N o m N M H M V d r rn d H (t♦ m to , A m N H <T M fn D r, a wH 0 0 0 0 000 000000000bpppoo 0 0 0 0 0 0 0 0 0 0 0 0 0 o b a W� El 0 0 o n o p p p p p p 4 p a p 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a o p p o W W N V' 1 r lit 1 o ry I O H 1 H a r m W w 'z U m k 11 H r1 ri r{ H W p O H m M U U 0 0 0 n bappp00000 0 a C4 v] z O O E In U 2 UUUUUUUUUUU x o a N r.( O as aaa aaa aaa H U H H -4 \ pq U U U U U U U U U U U H U! a a' u w 1 c- f- gg ggg Q.y.g Qi A.r-F' a U U w a H NN 0I w al m nl a101 01 m m m m (4 C4I aaaaa asa m a U1 U q W rs \\ - A A s W ri r{ HH 7�j�j br�l,�j qpp B U B B B B [� u1 w o m o W Q a w a s rl rt \\\\\\\ \ \\ \ \\ mmmmmmmrnmrnalm bl U C) U U U pS W to m m Pi 1 Q fn F I co m I I 3 I I f i I I 1 1 I I H O O O O O O O O O O p 4 p r { H H HHH HHH HHH .1 1 H H H H r1 ri ri r-{ H [] W a I U r1, U NN NNNNNNNNNNNNN04 HHHHH HE +E +F F E w o u 1 H I # # p; [R mrn maRmmmmmmmmmmmill 00 000000000 M M w 2 H o H H i H E+ 0 N O w ro Ci a w N rl ri c o w 0 o O ri 7 N p O O O O O O N r4 O O O O O ri C.] p O O p O ri rl O O N U O N O Ul a w{ EA In r N m mm m Ln w m N m In m In Vl Ill In In m m mm W w W -1 W -immm 10m 111 In Ih m m In !f] In N m In mmmm11MID10 CO N m m d' V M w r O;m p o 0 0 0 0 0 0 0 0 0 0 0 o a o 0 0 0 0 o a p p p o 0 0 0 0 0 0 0 0 0 0 W [n a H H H H HH H HHHH i H"t r-F H H H W Ari{ HHH HHH H H r H o H r1 H H rt A H Hr {H HM ri A HH In HH ri ri HH A ArAH H w to H ] Q H U o 1 In 7 00000000000 W U 0 H I a 1 w Pl N cllN aw III a Rla,N u .'7 74 u 1 a H q H 0 O m o f H x C7 C7 C7 C9 C7 C7 C7 C7 L7 C7 0 7 0 rk t�l o l m O 2z2z22zzzz2 W P<' a }l EA .� S ' U H" H ill H W HHH H W a En Hcn a [ W ulcn ulto[n[n vi cio � H H �a w ()1{Lwac aaaaaa o u c w u u M H a Q 2 asxrzaaa�xaxc H cn n 00000000 U N w H N E +E-I f+E +N Ei E +E +Ei E +E +F�F HE+E+ W W ! x 1>s q I 0 0 ns Ll W .s I4 'm w P PI a a w a A W 04 Al in U z UU H v i � H W f�] HF+ FE�NF[IHHHHC�C�HHH . ��q7q ' W i E z o w KSKcgrC9ll KK Cd1 4KC4 �� L }}� r �ll L }} � �p q}� r �� gqa F p g C qp + p S qq r F � �q t p�pq t q f Wp t 7 F W(y Cfi W C KCQfEFC SFEr�rL 1FSFt xC Ql 1 A 1 � 1 l its I N H to NN mm m W W W mmmmmm mIp lfl H w r r r rlh r rr r r r r M H r 1 � o N w ww ww nr CI- rrrr rrrrrr r I n m N r`'1 (r7 1 M M 2 V' NN a'IV C'C's' d' ��'w mod' d�•i'v' moral mmolmmmmm V' d' N v' riS H r1 r1 W H riH H H HH H HHHHHH r-{ H H rt-1 1 rAH Hr A rl H H H H { k Q H H H ri H r 1 r-3 H TA r-{r1 T1 r1 r1 r1 rt H H H HH,- I H r{ H Hsi r1 r1 H M d' d'v" ` W C< C' C` C'd` rn d' W W C'd'd' WC< H H N H HH HH H HHH HHHH ri r i H r1 If 11 H w HH H HHH HHH HHH H H H H r1 r{ (i U m \\ \ \ \ \�'-\ \\ \ \ \ \ fS Ul b b al 0 0 o O O p o o O p 0 0 0 0 a a a 0 b a 0 17, O o O a r 1 H Cl rl r{ H HHH H HHH HHHHHHri - I H r 1 r1 -1 -1 rf Hr♦ r1 ri HH A H H H H H N 2 N\ H L W y C7 /-� d N M U H NN MMMMMMMMMMMI`1MM d' d' d• W d' d' V' C' C' C' d' In w n m O H A I 2 N N In D! a1 a3 a! 6l 01 6S m Ol O1 Ol of 61 al !P m al al m O a1 m IT a1 a3 IT Q1 01 al Ol m ak U CIA O N N V w w w w w w w w w w w w w w w w w w w w w w w w m w w w w w w w > 0 0 0a O O a 0 0 0 0 0 0 0 0 0 0 o a p o p o b p b O o b o C] 0 0 di r1 r1 E1 PI W u w w tom www wwwwwwwwwla w www w tg w w Ha Hw H w w w tom to w loww ww l9 t0 low 1p wlo ldw wtawto tD >9 w w H U I U U H N C 7 U U U\ •' 22 F W W W O H U 2 r EA U U Sia H .. .. 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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING OCTOBER 21, 2011 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in Exhibit "A ". CERTIFIED: (zi',� az-/'�' -4 Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this day of , 2011, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: Kimberly Smith, City Cleric Gilbert Wong, Mayor, City of Cupertino 37 H W to M ,D ul o m o O O W n W W r-I ul rl ul 0 to o 0 m In w ul r O M O Ih M r a1 ro rnrio d W a crNr �mcarm p m N o day- Ir�oWOUi w o O M O m to Mao N o N p nV H to dl W Ho a H O N N N d'd' Om ul Io Io M N M ul oo nr Ill M H N r 0 W N M a1 I1 ul M ul ID O O W N W W W M W W ds r H N Hvto r O m H It riH W m n ul n n ul m p NO In m H N m m N d 'p ID w N . 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Recommended Action A. Consider the Applicant's request to postpone the item. The applicant is requesting that the item be postponed to the December 20 2011 City Council meeting. •' B. Consider the Planning Commission's recommendation to deny Modification Applications: 1. M- 2011 -03 - Modification to a previously approved Use Permit (U- 2007 -06); and 2. M- 2011 -04 - Modification to a previously approved Architectural and Site Approval (ASA- 2007 -10); and 3. M- 2011 -05 - Modification to a previously approved Architectural and Site Approval (ASA- 2008 -04). If the City Council wishes to approve the project, Attachment B includes the original Draft Resolution for approval provided to the Planning Commission. Description Application: M- 2011 -03, M- 2011 -04, M- 2011 -05 Applicant: David Jamieson (Kimco Realty) Location: 10825- 10983N Wolfe Rd (APN: 316 -05 -050, 316 -05 -051, 316 -05 -052) Application Summary: Modification to a previously approved Use Permit (U- 2007 -06), Architectural and Site Approval (ASA- 2007 -10), and Architectural and Site Approval (ASA - 2008-04) for the purpose of extending the expiration date of the approvals three years beyond the one year extension previously granted through Extension Requests EXT- 2010 -01, EXT- 2010 -02, and EXT- 2010 -03. *The applicant has requested to postpone the item to the December 20 2011 City Council meeting for additional time to complete outreach efforts (See Attachment C, Request for Postponement). 51 Background On April 15, 2008, the City Council approved a Use Permit and Architectural Site Approval (See Attachment F, City Council Action Letter) to allow the development of two one -story retail buildings totaling 24,455 square feet and a two -level parking structure in an existing commercial shopping center (Cupertino Village Center), located at the southwest corner of Homestead Road and Wolfe Road. On August 7, 2008, the Design Review Committee approved an Architectural Site Approval (See Attachment G, Design Review Action Letter) to finalize the overall site improvements and parking plans. On July 20, 2010, the City granted a one -year extension of the Use Permit and Architectural and Site Approvals to August 11, 2011 (See Attachment H, Council Action Letter). The applicant requested the extension due to the unstable economy. For detailed project background information and discussion, please refer to the October 11, 2011 Planning Commission staff report (Attachment E, Planning Commission Staff Report). Discussion Planning Commission On October 11, 2011, the Planning Commission denied the request for the extension with a tie vote of 2 -2 -0 (Commissioner Lee was recused see Attachment A, Planning Commission Resolution No. 6670 and Attachment D, Draft Planning Commission Minutes). Commissioners Brophy and Sun were against the extension request given their concerns about the shortage of parking at the Cupertino Village Center in light of the previously approved center intensifications and future development potentials around the project (i.e., the Apple Campus project). Commissioner Sun suggested a motion to require the construction of the parking structure within one (1) year of the date of the extension approval, but the motion failed. Commissioners Miller and Brownley were supportive of the extension and noted that the project does include a parking structure to address parking concerns and the original condition requires that the parking structure be built first. Prepared by Simon Vuong, Assistant Planner Reviewed by. Gary Chao, City Planner & Aarti Shrivastava, Community Development Director Approved for Submission by David W. Knapp, City Manager Attachments: A. Planning Commission Resolution No. 6670 (Denial) B. Original Draft Resolution (Approval) C. Request for Postponement D. Draft Planning Commission Minutes of October 11, 2011 E. Planning Commission Staff Report of October 11, 2011 F. April 15, 2008 City Council Action Letter of original approval G. August 7, 2008 Design Review Committee Letter of original approval H. July 20, 2010 City Council Action Letter of one -year extension L Applicant's Request Letter J. Approved Use Permit & Architectural Site Approval plans for reference K. Approved Architectural Site Approval plans for reference 52 M- 2011 -03, M- 2011 -04, M- 2011 -05 CITY OF CUPERTINO ATTACHMENT A 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6670 (DENIAL) OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING DENIAL OF A MODIFICATION OF A USE PERMIT (U- 2007 -06), ARCHITECTURAL & SITE APPROVAL (ASA- 2007 -10), AND ARCHITECTURAL & SITE APPROVAL (ASA- 2008 -04) FOR THE PURPOSE OF EXTENDING THE EXPIRATION DATE OF THESE APPROVALS ON THE PROPERTY LOCATED AT 10825 -10983 N. WOLFE ROAD SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Modification to a Use Permit and Architectural and Site Approvals, as described in Section II. of this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the applicant has not met the burden of proof required to support said application; and has not satisfied the following requirements: 1) The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; and 2) The proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of the Conditional Use Permit Chapter of the Cupertino Municipal Code. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the Modification application is hereby recommended for denial, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and That the sub - conclusions upon which the findings and conditions specified in this resolution are based and contained in the public hearing record concerning Application No. M- 2011 -03, M- 2011-04, M- 2011 -05 as set forth in the Minutes of the Planning Commission Meeting of October 11, 2011 and are incorporated by reference as though fully set forth herein. 53 Resolution No. 6670 M- 2011 -03, M- 2011 -04, M- 2011 -05 October 11, 2011 SECTION II: PROTECT DESCRIPTION Application No.: M- 2011 -03, M- 2011 -04, M- 2011 -05 Applicant: David Jamieson Property Owner: Cupertino Village, LP Location: 10825 -10983 N Wolfe Rd Conditions for U- 2007 -06 are herebv revised as follows: SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT r)FPT 1. APPROVED EXHIBITS The denial is based on Exhibits submitted by MCG titled: "Cupertino Village" consisting of 25 pages, except as may be amended by the Conditions contained in this Resolution. 2. DEVELOPMENT APPROVAL Approval is denied to construct two one -story retail building totaling 24,455 square feet and a two level parking structure. 3. CONSTRUCTION MANAGEMENT PLAN A construction management plan shall be provided to include but not limited to the following measures: ❖ Construction schedule /duration /noise abatement. ❖ Interim offsite employee/ contractor parking. •'• Truck routes. •'• Onsite construction / traffic signage. ❖ Best management practices. •'• Dust control. •'• Specific tree protection measures. ❖ No construction parking or traffic shall occur on the residential streets to the west. ❖ A hotline shall be established during the construction period for the adjacent residents to report any violations or concerns. The hotline information shall be posted on the property owner's website and at appropriate locations at the construction site. Said plan shall be reviewed by the Director of Community Development prior to issuance of building permits. 4. NOISE ABATEMENT The final garage plan shall be reviewed by the project noise consultant (Illingworth and Rodkin) to ensure that all of the recommendations outlined by the noise report dated November 8, 2007 are sufficiently addressed. This includes but not limited to the required noise attenuation properties of the garage perimeter wall (ground level and second level) along Linnet Lane. 54 Resolution No. 6670 M- 2011 -03, M- 2011 -04, M- 2011 -05 October 11, 2011 5. ODOR ABATEMENT All new restaurants shall install odor filtration system. Odor filtration plan shall be reviewed and approved by the City prior to issuance of any building permits. 6. LANDSCAPE MAINTENANCE BOND A landscaping bond naming the City as beneficiary in the amount of $100,000 shall be provided to the City prior to issuance of any building permits. Said bond shall ensure that the approved landscaping enhancements associated with the project are going to be carried out and properly maintained. The bond shall be released five years from the final occupancy approval of the proposed new buildings with a letter from the City Consulting Arborist confirming that all of the landscaping features are in good standing. 7. DETAILED LANDSCAPE MAINTENANCE PLAN A detailed landscaping maintenance plan be submitted to the City for review and approval prior to issuance of building permits. Said plan shall include details on the irrigation system and the routing schedule of maintenance and the upkeep of the landscaping area along east side of Linnet Lane. 8. TRASH ENCLOSURE SIZE AND LOCATION The applicant shall work with a consultant to evaluate the refuse and recycling needs of the center and develop a permanent refuse/ recycling improvement plan (including but not limited to provide newly updated versions of trash compactors/ enclosures, any necessary grease filtration system upgrades, any necessary sewage facility upgrades and more efficient refuse pick -up schedule). Said plan shall be submitted to the City for review and approval prior to issuance of building permits. Any new trash facility shall be located away from the residential neighborhood as far as possible. 9. CORNER PLAZA ENHANCEMENTS The project shall enhance the corner areas at the intersections of Pruneridge /Wolfe and Wolfe /Homestead. Said areas shall be enhanced with special paving material, appropriate landscaping and sidewalk features and potentially benches or art features as determined by the City in order to improve the pedestrian experience and overall aesthetic of the site. A detailed corner plaza enhancement plan shall be submitted for review and approval by the Design Review Committee prior to issuance of building permits. The proposed site plan already acknowledges the plaza. 10. ENHANCEMENTS TO THE INTERIOR CROSSWALKS The applicant shall work with staff to determine areas within the existing shopping center (consistent with the recommendations from Fehr and Peers) that should be better delineated as special pedestrian walks or crossing areas. Such areas shall be enhanced with special semi - pervious paving materials and striping. Detailed plans shall be reviewed and approved by the Design Review Committee prior to issuance of building permits. 11. ENHANCEMENTS TO THE INTERIOR COURTYARDS The applicant shall work with staff to enhance and activate the existing courtyards with the following measures: 55 Resolution No. 6670 M- 2011 -03, M- 2011 -04, M- 2011 -05 October 11, 2011 ❖ New shading trees wherever possible. ❖ Enhancements to benches, sitting areas and lighting features. ❖ Enhancements to the interior plaza and gathering places (including but not limited to upgrades to special semi- pervious paving material, trellis /arbor features, water features and outdoor seating areas). Detailed enhancement plan shall be reviewed and approved by the Design Review Committee. 12. DESIGN REVIEW COMMITTEE The Design Review Committee shall review and approve the final architecture and site plan of the project. 13. RAIN GARDEN The site drainage and roof drainage shall be directed to the rain gardens and /or similar pervious areas to the maximum extent possible. The final site and roof drainage plan shall be reviewed and approved by the Design Review Committee. 14. TRANSPORTATION DEMAND MANAGEMENT Provide a Transportation Demand Management Plan. Such plan shall be permanent and demonstrable and be linked to the leasing strategy (ie. tenant /use controls such as cap on restaurants and /or square footage limits). Said plan shall include but not be limited to incentives for employees carpool or take public transportation such as bus passes, monetary incentives, shuttle services for off -site parking, employee or restaurant valet services, preferential car pool parking etc. The final TDM plan shall be submitted to the Planning Department for review and approval prior to final occupancy approval. 15. PARKING SUPPLY The total percent of increase in the proposed parking capacity shall equal or be greater than the proposed percent of increase in building square footage. Physical measures shall include but not be limited to valet parking, offsite parking and /or other dense types of parking measures (including urban lifts) to meet the parking demand. The final revised parking plan shall be reviewed and approved by the Design Review Committee prior to issuance of building permits. Urban lifts shall require Planning Commission review and approval. 16. SCREEN WALL A minimum eight (8) foot tall wall shall be constructed along the northerly property line between the shopping center and the church property. In addition, a locked gate shall be provided at a mutually (between the shopping center and church) agreed location. The final wall and gate plan shall be reviewed and approved by the Design Review Committee. 17. NEIGHBORHOOD SIGN PROGRAM A sign program shall be provided to address appropriate neighborhood signs to inform and deter the public from parking in the residential streets. Said program shall be reviewed and approved by the City of Sunnyvale. 56 Resolution No. 6670 M- 2011 -03, M- 2011 -04, M- 2011 -05 October 11, 2011 18. PEDESTRIAN GARAGE ACCESS The parking garage shall either include a second set of stair or an elevator. The parking structure shall be consistent with all pertinent Building and ADA Codes. 19. GARAGE ENTRANCE Consider widening the ground level garage entry at the north end (unless it will serve only as exiting). 20. SHADING TREES Plant additional shading trees and enhance the existing landscaping wherever possible throughout the entire center. 21. ARCH ENTRY ELEMENTS Repeat the arch element throughout all of the pedestrian entrances. 22. STUCCO WALL TOP DETAIL Details should be provided on how stucco wall top is finished off (avoid sheet metal cap flashing). 23. MULTI - LANGUAGE SIGNS Require clear multi- language signs at each of the pedestrian entrances along Linnet Lane, informing them not to park in the residential streets. Also, the installation of a multi- language sign to inform truckers of the delivery hours and rules shall be provided. Detailed signage plans shall be submitted to the City for review and approval prior to issuance of building permits. 24. DISCLOSURE OF CONDITIONS TO TENANTS Require that the conditions of approval (including the City's noise ordinance) be made part of the lease agreements of all new tenants so they will be informed of the conditions and rules that will be enforced. 25. SECURITY CAMERAS Require security cameras to be installed at key delivery areas to assist in monitoring and enforcing delivery hours and noise violators. A detailed security camera plan shall be submitted for review and approval prior to issuance of building permits. 26. SECURITY SERVICES Require the center to enhance patrol service so that they can monitor and prevent spill over parking into the neighborhood and the delivery activities. The center should also provide a hotline to the adjacent residents to report any code violation and unsafe activities. Said patrol service shall also monitor the trash facilities to ensure all tenants are using the facilities properly. A detailed security plan shall be submitted to the City for review and approval prior to issuance of building permits. 27. ONE YEAR REVIEW PERIOD Require a 1 -year review of the use permit from the time the two new buildings receive final occupancy. The Planning Commission may consider and require additional 57 Resolution No. 6670 M- 2011 -03, M- 2011 -04, M- 2011 -05 October 11, 2011 parking remedies (i.e., parking lifts, valet parking and /or other parking demand management measures) if deemed appropriate at the time of the review hearing. 28. SECURITY AND MAINTENANCE The required security and maintenance service shall apply to the shopping center property as well as along the exterior perimeter of the Linnet Lane garage wall and landscaping area. A detailed security and maintenance plan shall be provided to the City for review and approval prior to issuance of building permits. 29. GREEN BUILDING MEASURES The proposed retail buildings and the parking garage shall be LEED certified (26 pts. minimum). The applicant shall submit a detailed green building plan prepared by a consultant outlining the different green measures that will be incorporated into the project prior to issuance of building permits. Prior to final occupancy approval, confirmation shall be provided to the City that the project has been formally certified by LEED. 30. GARAGE CONSTRUCTION The garage shall be built first so that the additional parking stalls are available during the construction period of the two retail buildings. 31. SIGN APPROVAL No signs are approved as part of this project. A separate sign program approval shall be obtained from the Design Review Committee prior to any approval of new signs associated with the new construction. 32. ARBORIST REVIEW The final landscaping plan shall be reviewed by the City Arborist prior to issuance of building permits. The City Arborist shall also verify that the landscaping has been carried out in accordance to the approved landscaping plan and that all of the landscaping features are in good standing prior to the final release of occupancy for the two commercial buildings. 33. DEPARTMENT OF TOXIC SUBSTANCES CONTROL The property owner is required to satisfy all of the requirements prescribed by the Department of Toxic Substances Control in regards to the clean up the former Cupertino Village Cleaner's site. 34. FINAL PARKING PLAN APPROVAL Revised parking plan shall be reviewed and approved by the Planning and Fire Departments prior to issuance of building permits. 35. VALET SERVICE Valet service apply also to the parking peak times (Friday and Saturday noon and dinner times) in addition to the holiday seasons and the peak church usage times. Peak times should be tested by the professional traffic consultant to determine if the valet service is warranted after the completion of the project improvements. Resolution No. 6670 M- 2011 -03, M- 2011 -04, M- 2011 -05 October 11, 2011 36. LANDSCAPING PLAN The final landscaping plan shall be reviewed and approved by the Planning Division prior to issuance of building permits. If the landscaping area (defined by section 14.15.030) is greater than 2,500 square feet, then a full landscape project submittal per section 14.15.040 is required prior to issuance of building permits. 37. DEVELOPMENT APPROVAL EXPIRATION Approval of Use Permit (U- 2007 -06), Architectural and Site Approval (ASA- 2007 -10), and Architectural and Site Approval (ASA- 2008 -04) shall expire after August 11, 2014. 38. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90 -day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90- day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT. 39. OFF SITE IMPROVEMENTS Curbs and gutters, sidewalks, streetlights, street widening, curb ramps, striping and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 40. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 41. STREET TREES Street trees shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance No. 125. 42. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and /or Regional Water Quality Control Board as appropriate. 43. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Hydrology and pre - and post - development hydraulic calculations must be provided to indicate whether additional storm water control measures are to be constructed or renovated. The storm drain system may include, but is not limited to, subsurface storage of peak stormwater flows (as needed), bioretention basins, vegetated swales, and hydrodynamic separators to reduce the amount of runoff from the site and improve water quality. The storm drain 59 Resolution No. 6670 M- 2011 -03, M- 2011 -04, M- 2011 -05 October 11, 2011 system shall be designed to detain water on -site (e.g., via buried pipes, retention systems or other approved systems and improvements) as necessary to avoid an increase of the one percent flood water surface elevation to the satisfaction of the City Engineer. Any storm water overflows or surface sheeting should be directed away from neighboring private properties and to the public right of way as much as reasonably possible. 44. UNDERGROUND UTILITIES The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. Ordinance No. 331 requires all overhead lines to be underground whether the lines are new or existing_ The developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 45. IMPROVEMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for under grounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: a. Grading Permit Fee: $ 6% of On Site Improvement Costs or $ 2,163.00 minimum b. Checking and Inspection Fee: $ 5% of Off Site Improvement Costs or $ 2,304.00 minimum c. Development Maintenance Deposit: $1,000.00 d. Storm Drainage Fee: $13,556.40 e. Power Cost: N/A f. Map Checking Fees: N/A g. Park Fees: N/A Bonds (Required): a. On -Site Improvements Bond: 100% Performance Bond b. Off -Site Improvements Bond: 100% Performance Bond; 100% Labor /Material Bond -The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be modified at the time of recordation of a final map or issuance of a building permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule. ** Developer is required for one -year power cost for streetlights 46. TRANSFORMERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. .E Resolution No. 6670 M- 2011 -03, M- 2011 -04, M- 2011 -05 October 11, 2011 47. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMPs), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. 48. NPDES CONSTRUCTION GENERAL PERMIT When and where it is required by the State Water Resources Control Board (SWRCB), the developer must obtain a Notice of Intent (NOI) from the SWRCB, which encompasses preparation of a Storm Water Pollution Prevention Plan (SWPPP), use of construction Best Management Practices (BMPs) to control storm water runoff quality, and BMP inspection and maintenance 49. C.3 REQUIREMENTS C.3 regulated improvements are required for all projects creating and /or replacing 10,000 S.F. or more of impervious surface (collectively over the entire project site). The developer shall reserve a minimum of 4% of developable surface area for the placement of low impact development measures, for storm water treatment, on the tentative map, unless an alternative storm water treatment plan, that satisfies C.3 requirements, is approved by the City Engineer. The developer must include the use and maintenance of site design, source control and storm water treatment Best Management Practices (BMPs), which must be designed per approved numeric sizing criteria. A Storm Water Management Plan, Storm Water Facilities Easement Agreement, Storm Water Facilities Operation and Maintenance Agreement, and certification of ongoing operation and maintenance of treatment BMPs are each required. All storm water management plans are required to obtain certification from a City approved third party reviewer. 50. MAINTENANCE AGREEMENT The applicant will be required to maintain all items, which are non- standard within the City's right of way. The applicant and the City must enter into a recorded agreement for this aforementioned work. 51. GARBAGE AND RECYCLING The applicant will be required to gain approval from the Environmental Programs Department prior to obtaining a building permit for the overall garbage and recycling of the subject development. Please use the following link towards the design of the garbage/ recycling facilities: ht!12://www.cUertino.org/downloads/Pdf/es _ Non_ Res_ Waste _Guidelines.P df A refuge truck access plan must be approved by the Environmental Programs Department. 52. TRAFFIC STUDY FOR POTENTIAL CUT - THROUGH TRAFFIC The applicant shall fund a study to examine potential cut through traffic resulting from the proposed development along Wolfe Road between Pruneridge Avenue and 61 Resolution No. 6670 M- 2011 -03, M- 2011 -04, M- 2011 -05 October 11, 2011 Homestead Road. The applicant shall pay for necessary traffic improvements to address this potential traffic impact. Work shall be coordinated with the Public Works Department. 53. BUS SHELTERS There are currently two bus stops along Wolfe Road. One of the bus stops is located near the intersection of Homestead and Wolfe. This bus stop will be relocated to the south of the entrance drive in front of Starbucks Coffee in order to promote safer vehicular movement. The site plan already reflects this change. In addition, staff suggests that the project be required to design and build appropriate bus stop shelters at the two bus stops. The final bus shelter design and location shall be reviewed and approved by the Public Works Department to the Valley Transportation Authority's (VTA) specification. 54. RECONSTRUCTION OF SIDEWALK In order to prolong the life of the double row of Ash Trees along Wolfe Road and the street trees along Homestead Road, the existing perimeter sidewalk should be replaced with a new at -grade sidewalk to facilitate proper root growth and reduce future uplifting of the sidewalk. All monolithic sidewalks shall be replaced with detached sidewalk (except in situations where trees are in the way or special physical/ functional constraints warrants special consideration by the Director of Community Development). Unused driveway curb cuts, unnecessary and unsafe curb features or tree wells shall be eliminated. 55. MEDIAN AND SIDEWALK IMPROVEMENT PLAN The final median and sidewalk improvement plan, including but not limited to the sheltered left turn from Wolfe Road and the new sidewalk reconstruction along Wolfe and Homestead Roads, shall be submitted to the City for review and approval prior to commencement of the construction of the improvements. Said plan shall be prepared by a professional civil engineer and would require the peer review of the project traffic engineer. 56. TRAFFIC SIGNAL MODIFICATION The applicant shall fund the traffic signal modification improvements at the Homestead /Wolfe intersection in an amount not to exceed $85,000, said amount shall be due as a deposit or reimbursement prior to final occupancy of the Cupertino Village development improvements. It is the City's intention that the traffic signal improvements be constructed as soon as feasible and no later than five years from the project approval. 57. HOMESTEAD ROAD DRIVEWAY The Homestead Road Driveway shall be designated as right turn in, right turn out and sheltered left out only. Appropriate signage and the final driveway and median improvement plan shall be submitted to the City for review and approval prior to issuance of building permits. Z Resolution No. 6670 M- 2011 -03, M- 2011 -04, M- 2011 -05 October 11, 2011 Conditions for ASA- 2007 -10 are hereby revised as follows: SECTION V: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 58. APPROVED EXHIBITS The denial is based on Exhibits submitted by MCG titled: "Cupertino Village" consisting of 25 pages, except as may be amended by the Conditions contained in this Resolution. 59. DEVELOPMENT APPROVAL Approval is not granted to construct two one -story retail building totaling 24,455 square feet and a two level parking structure. 60. CONSTRUCTION MANAGEMENT PLAN A construction management plan shall be provided to include but not limited to the following measures: ❖ Construction schedule /duration /noise abatement. ❖ Interim offsite emplovee /contractor parking. •'• Truck routes. ❖ Onsite construction / traffic signage. ❖ Best management practices. •'• Dust control. •'• Specific tree protection measures. ❖ No construction parking or traffic shall occur on the residential streets to the west. ❖ A hotline shall be established during the construction period for the adjacent residents to report any violations or concerns. The hotline information shall be posted on the property owner's website and at appropriate locations at the construction site. Said plan shall be reviewed by the Director of Community Development prior to issuance of building permits. 61. NOISE ABATEMENT The final garage plan shall be reviewed by the project noise consultant (Illingworth and Rodkin) to ensure that all of the recommendations outlined by the noise report dated November 8, 2007 are sufficiently addressed. This includes but not limited to the required noise attenuation properties of the garage perimeter wall (ground level and second level) along Linnet Lane. 62. ODOR ABATEMENT All new restaurants shall install odor filtration system. Odor filtration plan shall be reviewed and approved by the City prior to issuance of any building permits. 63. LANDSCAPE MAINTENANCE BOND A landscaping bond naming the City as beneficiary in the amount of $100,000 shall be provided to the City prior to issuance of any building permits. Said bond shall ensure that the approved landscaping enhancements associated with the project are going to be carried out and properly maintained. The bond shall be released five years from the final 63 Resolution No. 6670 M- 2011 -03, M- 2011 -04, M- 2011 -05 October 11, 2011 occupancy approval of the proposed new buildings with a letter from the City Consulting Arborist confirming that all of the landscaping features are in good standing. 64. DETAILED LANDSCAPE MAINTENANCE PLAN A detailed landscaping maintenance plan be submitted to the City for review and approval prior to issuance of building permits. Said plan shall include details on the irrigation system and the routing schedule of maintenance and the upkeep of the landscaping area along east side of Linnet Lane. 65. TRASH ENCLOSURE SIZE AND LOCATION The applicant shall work with a consultant to evaluate the refuse and recycling needs of the center and develop a permanent refuse/ recycling improvement plan (including but not limited to provide newly updated versions of trash compactors/ enclosures, any necessary grease filtration system upgrades, any necessary sewage facility upgrades and more efficient refuse pick -up schedule). Said plan shall be submitted to the City for review and approval prior to issuance of building permits. Any new trash facility shall be located away from the residential neighborhood as far as possible. 66. CORNER PLAZA ENHANCEMENTS The project shall enhance the corner areas at the intersections of Pruneridge /Wolfe and Wolfe /Homestead. Said areas shall be enhanced with special paving material, appropriate landscaping and sidewalk features and potentially benches or art features as determined by the City in order to improve the pedestrian experience and overall aesthetic of the site. A detailed corner plaza enhancement plan shall be submitted for review and approval by the Design Review Committee prior to issuance of building permits. The proposed site plan already acknowledges the plaza. 67. ENHANCEMENTS TO THE INTERIOR CROSSWALKS The applicant shall work with staff to determine areas within the existing shopping center (consistent with the recommendations from Fehr and Peers) that should be better delineated as special pedestrian walks or crossing areas. Such areas shall be enhanced with special semi - pervious paving materials and striping. Detailed plans shall be reviewed and approved by the Design Review Committee prior to issuance of building permits. 68. ENHANCEMENTS TO THE INTERIOR COURTYARDS The applicant shall work with staff to enhance and activate the existing courtyards with the following measures: ❖ New shading trees wherever possible. ❖ Enhancements to benches, sitting areas and lighting features. ❖ Enhancements to the interior plaza and gathering places (including but not limited to upgrades to special semi - pervious paving material, trellis /arbor features, water features and outdoor seating areas). Detailed enhancement plan shall be reviewed and approved by the Design Review Committee. MI Resolution No. 6670 M- 2011 -03, M- 2011 -04, M- 2011 -05 October 11, 2011 69. DESIGN REVIEW COMMITTEE The Design Review Committee shall review and approve the final architecture and site plan of the project. 70. RAIN GARDEN The site drainage and roof drainage shall be directed to the rain gardens and /or similar pervious areas to the maximum extent possible. The final site and roof drainage plan shall be reviewed and approved by the Design Review Committee. 71. TRANSPORTATION DEMAND MANAGEMENT Provide a Transportation Demand Management Plan. Such plan shall be permanent and demonstrable and be linked to the leasing strategy (ie. tenant /use controls such as cap on restaurants and /or square footage limits). Said plan shall include but not be limited to incentives for employees carpool or take public transportation such as bus passes, monetary incentives, shuttle services for off -site parking, employee or restaurant valet services, preferential car pool parking etc. The final TDM plan shall be submitted to the Planning Department for review and approval prior to final occupancy approval. 72. PARKING SUPPLY The total percent of increase in the proposed parking capacity shall equal or be greater than the proposed percent of increase in building square footage. Physical measures shall include but not be limited to valet parking, offsite parking and /or other dense types of parking measures (including urban lifts) to meet the parking demand. The final revised parking plan shall be reviewed and approved by the Design Review Committee prior to issuance of building permits. Urban lifts shall require Planning Commission review and approval. 73. SCREEN WALL A minimum eight (8) foot tall wall shall be constructed along the northerly property line between the shopping center and the church property. In addition, a locked gate shall be provided at a mutually (between the shopping center and church) agreed location. The final wall and gate plan shall be reviewed and approved by the Design Review Committee. 74. NEIGHBORHOOD SIGN PROGRAM A sign program shall be provided to address appropriate neighborhood signs to inform and deter the public from parking in the residential streets. Said program shall be reviewed and approved by the City of Sunnyvale. 75. PEDESTRIAN GARAGE ACCESS The parking garage shall either include a second set of stair or an elevator. The parking structure shall be consistent with all pertinent Building and ADA Codes. 76. GARAGE ENTRANCE Consider widening the ground level garage entry at the north end (unless it will serve only as exiting). 65 Resolution No. 6670 M- 2011 -03, M- 2011 -04, M- 2011 -05 October 11, 2011 77. SHADING TREES Plant additional shading trees and enhance the existing landscaping wherever possible throughout the entire center. 78. ARCH ENTRY ELEMENTS Repeat the arch element throughout all of the pedestrian entrances. 79. STUCCO WALL TOP DETAIL Details should be provided on how stucco wall top is finished off (avoid sheet metal cap flashing). 80. MULTI - LANGUAGE SIGNS Require clear multi - language signs at each of the pedestrian entrances along Linnet Lane, informing them not to park in the residential streets. Also, the installation of a multi- language sign to inform truckers of the delivery hours and rules shall be provided. Detailed signage plans shall be submitted to the City for review and approval prior to issuance of building permits. 81. DISCLOSURE OF CONDITIONS TO TENANTS Require that the conditions of approval (including the City's noise ordinance) be made part of the lease agreements of all new tenants so they will be informed of the conditions and rules that will be enforced. 82. SECURITY CAMERAS Require security cameras to be installed at key delivery areas to assist in monitoring and enforcing delivery hours and noise violators. A detailed security camera plan shall be submitted for review and approval prior to issuance of building permits. 83. SECURITY SERVICES Require the center to enhance patrol service so that they can monitor and prevent spill over parking into the neighborhood and the delivery activities. The center should also provide a hotline to the adjacent residents to report any code violation and unsafe activities. Said patrol service shall also monitor the trash facilities to ensure all tenants are using the facilities properly. A detailed security plan shall be submitted to the City for review and approval prior to issuance of building permits. 84. ONE YEAR REVIEW PERIOD Require a 1 -year review of the use permit from the time the two new buildings receive final occupancy. The Planning Commission may consider and require additional parking remedies (i.e., parking lifts, valet parking and /or other parking demand management measures) if deemed appropriate at the time of the review hearing. 85. SECURITY AND MAINTENANCE The required security and maintenance service shall apply to the shopping center property as well as along the exterior perimeter of the Linnet Lane garage wall and landscaping area. A detailed security and maintenance plan shall be provided to the City for review and approval prior to issuance of building permits. .. Resolution No. 6670 M- 2011 -03, M- 2011 -04, M- 2011 -05 October 11, 2011 86. GREEN BUILDING MEASURES The proposed retail buildings and the parking garage shall be LEED certified (26 pts. minimum). The applicant shall submit a detailed green building plan prepared by a consultant outlining the different green measures that will be incorporated into the project prior to issuance of building permits. Prior to final occupancy approval, confirmation shall be provided to the City that the project has been formally certified by LEED. 87. GARAGE CONSTRUCTION The garage shall be built first so that the additional parking stalls are available during the construction period of the two retail buildings. 88. SIGN APPROVAL No signs are approved as part of this project. A separate sign program approval shall be obtained from the Design Review Committee prior to any approval of new signs associated with the new construction. 89. ARBORIST REVIEW The final landscaping plan shall be reviewed by the City Arborist prior to issuance of building permits. The City Arborist shall also verify that the landscaping has been carried out in accordance to the approved landscaping plan and that all of the landscaping features are in good standing prior to the final release of occupancy for the two commercial buildings. 90. DEPARTMENT OF TOXIC SUBSTANCES CONTROL The property owner is required to satisfy all of the requirements prescribed by the Department of Toxic Substances Control in regards to the clean up the former Cupertino Village Cleaner's site. 91. FINAL PARKING PLAN APPROVAL Revised parking plan shall be reviewed and approved by the Planning and Fire Departments prior to issuance of building permits. 92. VALET SERVICE Valet service apply also to the parking peak times (Friday and Saturday noon and dinner times) in addition to the holiday seasons and the peak church usage times. Peak times should be tested by the professional traffic consultant to determine if the valet service is warranted after the completion of the project improvements. 93. LANDSCAPING PLAN The final landscaping plan shall be reviewed and approved by the Planning Division prior to issuance of building permits. If the landscaping area (defined by section 14.15.030) is greater than 2,500 square feet, then a full landscape project submittal per section 14.15.040 is required prior to issuance of building permits. 67 Resolution No. 6670 M- 2011 -03, M- 2011 -04, M- 2011 -05 October 11, 2011 94. DEVELOPMENT APPROVAL EXPIRATION Approval of Use Permit (U- 2007 -06), Architectural and Site Approval (ASA- 2007 -10), and Architectural and Site Approval (ASA- 2008 -04) shall expire after August 11, 2014. 95. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90 -day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90- day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. SECTION VI: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT. 96. OFF SITE IMPROVEMENTS Curbs and gutters, sidewalks, streetlights, street widening, curb ramps, striping and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 97. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 98. STREET TREES Street trees shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance No. 125. 99. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and /or Regional Water Quality Control Board as appropriate. 100. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Hydrology and pre - and post - development hydraulic calculations must be provided to indicate whether additional storm water control measures are to be constructed or renovated. The storm drain system may include, but is not limited to, subsurface storage of peak stormwater flows (as needed), bioretention basins, vegetated swales, and hydrodynamic separators to reduce the amount of runoff from the site and improve water quality. The storm drain system shall be designed to detain water on -site (e.g., via buried pipes, retention systems or other approved systems and improvements) as necessary to avoid an increase of the one percent flood water surface elevation to the satisfaction of the City Engineer. Any storm water overflows or surface sheeting should be directed away from neighboring private properties and to the public right of way as much as reasonably possible. .: Resolution No. 6670 M- 2011 -03, M- 2011 -04, M- 2011 -05 October 11, 2011 101. UNDERGROUND UTILITIES The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. Ordinance No. 331 requires all overhead lines to be underground whether the lines are new or existing_ The developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 102. IMPROVEMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for under grounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: a. Grading Permit Fee: $ 6% of On Site Improvement Costs or $ 2,163.00 minimum b. Checking and Inspection Fee: $ 5% of Off Site Improvement Costs or $ 2,304.00 minimum c. Development Maintenance Deposit: $1,000.00 d. Storm Drainage Fee: $13,556.40 e. Power Cost: N/A f. Map Checking Fees: N/A g. Park Fees: N/A Bonds (Required): c. On -Site Improvements Bond: 100% Performance Bond d. Off -Site Improvements Bond: 100% Performance Bond; 100% Labor /Material Bond -The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be modified at the time of recordation of a final map or issuance of a building permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule. ** Developer is required for one -year power cost for streetlights 103. TRANSFORMERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. 104. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. .• Resolution No. 6670 M- 2011 -03, M- 2011 -04, M- 2011 -05 October 11, 2011 105. NPDES CONSTRUCTION GENERAL PERMIT When and where it is required by the State Water Resources Control Board (SWRCB), the developer must obtain a Notice of Intent (NOI) from the SWRCB, which encompasses preparation of a Storm Water Pollution Prevention Plan (SWPPP), use of construction Best Management Practices (BMPs) to control storm water runoff quality, and BMP inspection and maintenance 106. C.3 REQUIREMENTS C.3 regulated improvements are required for all projects creating and /or replacing 10,000 S.F. or more of impervious surface (collectively over the entire project site). The developer shall reserve a minimum of 4% of developable surface area for the placement of low impact development measures, for storm water treatment, on the tentative map, unless an alternative storm water treatment plan, that satisfies C.3 requirements, is approved by the City Engineer. The developer must include the use and maintenance of site design, source control and storm water treatment Best Management Practices (BMPs), which must be designed per approved numeric sizing criteria. A Storm Water Management Plan, Storm Water Facilities Easement Agreement, Storm Water Facilities Operation and Maintenance Agreement, and certification of ongoing operation and maintenance of treatment BMPs are each required. All storm water management plans are required to obtain certification from a City approved third party reviewer. 107. MAINTENANCE AGREEMENT The applicant will be required to maintain all items, which are non - standard within the City's right of way. The applicant and the City must enter into a recorded agreement for this aforementioned work. 108. GARBAGE AND RECYCLING The applicant will be required to gain approval from the Environmental Programs Department prior to obtaining a building permit for the overall garbage and recycling of the subject development. Please use the following link towards the design of the garbage/ recycling facilities: ht!12://www.cuj2ertino.org/downlodds/Pdf/es Non Res _ Waste Guidelines.Pdf A refuge truck access plan must be approved by the Environmental Programs Department. 109. TRAFFIC STUDY FOR POTENTIAL CUT- THROUGH TRAFFIC The applicant shall fund a study to examine potential cut through traffic resulting from the proposed development along Wolfe Road between Pruneridge Avenue and Homestead Road. The applicant shall pay for necessary traffic improvements to address this potential traffic impact. Work shall be coordinated with the Public Works Department. 70 Resolution No. 6670 M- 2011 -03, M- 2011 -04, M- 2011 -05 October 11, 2011 110. BUS SHELTERS There are currently two bus stops along Wolfe Road. One of the bus stops is located near the intersection of Homestead and Wolfe. This bus stop will be relocated to the south of the entrance drive in front of Starbucks Coffee in order to promote safer vehicular movement. The site plan already reflects this change. In addition, staff suggests that the project be required to design and build appropriate bus stop shelters at the two bus stops. The final bus shelter design and location shall be reviewed and approved by the Public Works Department to the Valley Transportation Authority's (VTA) specification. 111. RECONSTRUCTION OF SIDEWALK In order to prolong the life of the double row of Ash Trees along Wolfe Road and the street trees along Homestead Road, the existing perimeter sidewalk should be replaced with a new at -grade sidewalk to facilitate proper root growth and reduce future uplifting of the sidewalk. All monolithic sidewalks shall be replaced with detached sidewalk (except in situations where trees are in the way or special physical/ functional constraints warrants special consideration by the Director of Community Development). Unused driveway curb cuts, unnecessary and unsafe curb features or tree wells shall be eliminated. 112. MEDIAN AND SIDEWALK IMPROVEMENT PLAN The final median and sidewalk improvement plan, including but not limited to the sheltered left turn from Wolfe Road and the new sidewalk reconstruction along Wolfe and Homestead Roads, shall be submitted to the City for review and approval prior to commencement of the construction of the improvements. Said plan shall be prepared by a professional civil engineer and would require the peer review of the project traffic engineer. 113. TRAFFIC SIGNAL MODIFICATION The applicant shall fund the traffic signal modification improvements at the Homestead /Wolfe intersection in an amount not to exceed $85,000, said amount shall be due as a deposit or reimbursement prior to final occupancy of the Cupertino Village development improvements. It is the City's intention that the traffic signal improvements be constructed as soon as feasible and no later than five years from the project approval. 114. HOMESTEAD ROAD DRIVEWAY The Homestead Road Driveway shall be designated as right turn in, right turn out and sheltered left out only. Appropriate signage and the final driveway and median improvement plan shall be submitted to the City for review and approval prior to issuance of building permits. 71 Resolution No. 6670 M- 2011 -03, M- 2011 -04, M- 2011 -05 Conditions for ASA- 2008 -04 are hereby revised as follows: October 11, 2011 SECTION VII: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 115. APPROVED EXHIBITS Denial is based on the plan set titled "Cupertino Village" dated 7/16/2008 as introduced to the Design Review Committee on August 7, 2008, except as may be amended by conditions in this resolution. 116. ADDITIONAL SHADING TREES The applicant shall work with City staff to add additional shading trees within the interior courtyard area where feasible. Revised landscaping plan shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 117. FOUNTAIN AND PLAZA ENHANCEMENTS The applicant shall work with City staff to enhance the existing water fountain located at the center of the interior courtyard and other areas that lacks landscaping and sitting appurtenances. Including but not limited to replacing the existing fountain with a more substantial one and /or redesign the existing plaza areas to include a more substantial public sitting area with enhanced shading trees, special paving materials, and outdoor furniture as determined to be appropriate by the Director of Community Development. The applicant shall also use native, draught tolerant and seasonal color plantings. 118. PEDESTRIAN CROSSWALK ENHANCEMENTS The final pedestrian crossing enhancement within the Ranch 99 parking lot shall be reviewed and approved by the City prior to issuance of building permits. Consider shifting the proposed crosswalk paving treatments and/or markings closer to the center of the parking lot. 119. FINAL PLAZA DESIGN The final plaza details and design shall Development prior to final occupancy. be approved by the Director of Community 120. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90 -day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90- day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. 72 Resolution No. 6670 M- 2011 -03, M- 2011 -04, M- 2011 -05 October 11, 2011 SECTION VIII: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT. 121. WELCOME TO CUPERTINO SIGN The applicant is required to either replace the existing dilapidated welcome to Cupertino sign located at the northeast corner of the project to the satisfaction of the Director of Public Works or provide a sign improvement contribution in the amount of $35,000 to the City prior to issuance of building permits. The City shall use the money to plan, design and build an appropriate welcome to Cupertino sign at the corner of Homestead Road and Wolfe Road. 122. SIDEWALK IMPROVEMENTS The detached sidewalk enhancements associated with the project along Wolfe Road and Homestead Road shall be at least six (6) feet in width. In the event if the six (6) foot walk presents negative impacts on the existing street trees as determined by the City Arborist, the sidewalk may be reduced down to five (5) feet in width. The final sidewalk enhancement plan shall be reviewed and approved by the City Arborist as well as the Director of Public Works Department prior to final occupancy of the project. PASSED AND DENIED this 11th day of October 2011, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Vice Chair Miller, Brownley NOES: COMMISSIONERS: Brophy, Sun ABSTAIN: COMMISSIONERS: Chair Lee ABSENT: COMMISSIONERS: ATTEST: APPROVED: / s /Aarti Shrivastava Aarti Shrivastava Community Development Director / s / Marty Miller Marty Miller, Vice Chair Planning Commission G: \ Planning \ PD REPORT \ RES\ 2011 \M- 2011 -03, M- 2011 -04, M- 2011- 05_res.doc 73 M- 2011 -03, M- 2011 -04, M- 2011 -05 CITY OF CUPERTINO 10300 Torre Avenue ATTACHMENT B Cupertino, California 95014 RESOLUTION NO. OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A MODIFICATION OF A USE PERMIT (U- 2007 -06), ARCHITECTURAL & SITE APPROVAL (ASA- 2007 -10), AND ARCHITECTURAL & SITE APPROVAL (ASA- 2008 -04) FOR THE PURPOSE OF EXTENDING THE EXPIRATION DATE OF THESE APPROVALS ON THE PROPERTY LOCATED AT 10825 -10983 N. WOLFE ROAD SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Modification to a Use Permit and Architectural and Site Approvals, as described in Section II. of this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1) The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; and 2) The proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of the Conditional Use Permit Chapter of the Cupertino Municipal Code. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the Modification application is hereby recommended for approval, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof, and That the sub - conclusions upon which the findings and conditions specified in this resolution are based and contained in the public hearing record concerning Application No. M- 2011 -03, M- 2011-04, M- 2011 -05 as set forth in the Minutes of the Planning Commission Meeting of October 11, 2011 and are incorporated by reference as though fully set forth herein. 74 Resolution No. M- 2011 -03, M- 2011 -04, M- 2011 -05 October 11, 2011 Page 2 ----------------------------------------------------------------------------- ----------------------------------------------------------------------------- SECTION II: PROTECT DESCRIPTION Application No.: M- 2011 -03, M- 2011 -04, M- 2011 -05 Applicant: David Jamieson Property Owner: Cupertino Village, LP Location: 10825 -10983 N Wolfe Rd Conditions for U- 2007 -06 are hereby revised as follows: SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT 1)FPT 1. APPROVED EXHIBITS The approval is based on Exhibits submitted by MCG titled: "Cupertino Village" consisting of 25 pages, except as may be amended by the Conditions contained in this Resolution. 2. DEVELOPMENT APPROVAL Approval is granted to construct two one -story retail building totaling 24,455 square feet and a two level parking structure. 3. CONSTRUCTION MANAGEMENT PLAN A construction management plan shall be provided to include but not limited to the following measures: ❖ Construction schedule /duration /noise abatement. ❖ Interim offsite employee/ contractor parking. •'• Truck routes. ❖ Onsite construction/ traffic signage. •'• Best management practices. •'• Dust control. •'• Specific tree protection measures. ❖ No construction parking or traffic shall occur on the residential streets to the west. ❖ A hotline shall be established during the construction period for the adjacent residents to report any violations or concerns. The hotline information shall be posted on the property owner's website and at appropriate locations at the construction site. Said plan shall be reviewed by the Director of Community Development prior to issuance of building permits. 4. NOISE ABATEMENT The final garage plan shall be reviewed by the project noise consultant (Illingworth and Rodkin) to ensure that all of the recommendations outlined by the noise report dated November 8, 2007 are sufficiently addressed. This includes but not limited to the 75 Resolution No. M- 2011 -03, M- 2011 -04, M- 2011 -05 October 11, 2011 Page 3 ----------------------------------------------------------------------------- ----------------------------------------------------------------------------- required noise attenuation properties of the garage perimeter wall (ground level and second level) along Linnet Lane. 5. ODOR ABATEMENT All new restaurants shall install odor filtration system. Odor filtration plan shall be reviewed and approved by the City prior to issuance of any building permits. 6. LANDSCAPE MAINTENANCE BOND A landscaping bond naming the City as beneficiary in the amount of $100,000 shall be provided to the City prior to issuance of any building permits. Said bond shall ensure that the approved landscaping enhancements associated with the project are going to be carried out and properly maintained. The bond shall be released five years from the final occupancy approval of the proposed new buildings with a letter from the City Consulting Arborist confirming that all of the landscaping features are in good standing. 7. DETAILED LANDSCAPE MAINTENANCE PLAN A detailed landscaping maintenance plan be submitted to the City for review and approval prior to issuance of building permits. Said plan shall include details on the irrigation system and the routing schedule of maintenance and the upkeep of the landscaping area along east side of Linnet Lane. 8. TRASH ENCLOSURE SIZE AND LOCATION The applicant shall work with a consultant to evaluate the refuse and recycling needs of the center and develop a permanent refuse/ recycling improvement plan (including but not limited to provide newly updated versions of trash compactors/ enclosures, any necessary grease filtration system upgrades, any necessary sewage facility upgrades and more efficient refuse pick -up schedule). Said plan shall be submitted to the City for review and approval prior to issuance of building permits. Any new trash facility shall be located away from the residential neighborhood as far as possible. 9. CORNER PLAZA ENHANCEMENTS The project shall enhance the corner areas at the intersections of Pruneridge /Wolfe and Wolfe /Homestead. Said areas shall be enhanced with special paving material, appropriate landscaping and sidewalk features and potentially benches or art features as determined by the City in order to improve the pedestrian experience and overall aesthetic of the site. A detailed corner plaza enhancement plan shall be submitted for review and approval by the Design Review Committee prior to issuance of building permits. The proposed site plan already acknowledges the plaza. 10. ENHANCEMENTS TO THE INTERIOR CROSSWALKS The applicant shall work with staff to determine areas within the existing shopping center (consistent with the recommendations from Fehr and Peers) that should be better delineated as special pedestrian walks or crossing areas. Such areas shall be enhanced with special semi - pervious paving materials and striping. Detailed plans shall be 76 Resolution No. M- 2011 -03, M- 2011 -04, M- 2011 -05 October 11, 2011 Page 4 ----------------------------------------------------------------------------- ----------------------------------------------------------------------------- reviewed and approved by the Design Review Committee prior to issuance of building permits. 11. ENHANCEMENTS TO THE INTERIOR COURTYARDS The applicant shall work with staff to enhance and activate the existing courtyards with the following measures: ❖ New shading trees wherever possible. ❖ Enhancements to benches, sitting areas and lighting features. ❖ Enhancements to the interior plaza and gathering places (including but not limited to upgrades to special semi - pervious paving material, trellis/ arbor features, water features and outdoor seating areas). Detailed enhancement plan shall be reviewed and approved by the Design Review Committee. 12. DESIGN REVIEW COMMITTEE The Design Review Committee shall review and approve the final architecture and site plan of the project. 13. RAIN GARDEN The site drainage and roof drainage shall be directed to the rain gardens and /or similar pervious areas to the maximum extent possible. The final site and roof drainage plan shall be reviewed and approved by the Design Review Committee. 14. TRANSPORTATION DEMAND MANAGEMENT Provide a Transportation Demand Management Plan. Such plan shall be permanent and demonstrable and be linked to the leasing strategy (ie. tenant/ use controls such as cap on restaurants and /or square footage limits). Said plan shall include but not be limited to incentives for employees carpool or take public transportation such as bus passes, monetary incentives, shuttle services for off -site parking, employee or restaurant valet services, preferential car pool parking etc. The final TDM plan shall be submitted to the Planning Department for review and approval prior to final occupancy approval. 15. PARKING SUPPLY The total percent of increase in the proposed parking capacity shall equal or be greater than the proposed percent of increase in building square footage. Physical measures shall include but not be limited to valet parking, offsite parking and /or other dense types of parking measures (including urban lifts) to meet the parking demand. The final revised parking plan shall be reviewed and approved by the Design Review Committee prior to issuance of building permits. Urban lifts shall require Planning Commission review and approval. 16. SCREEN WALL A minimum eight (8) foot tall wall shall be constructed along the northerly property line between the shopping center and the church property. In addition, a locked gate shall be provided at a mutually (between the shopping center and church) agreed location. The 77 Resolution No. M- 2011 -03, M- 2011 -04, M- 2011 -05 October 11, 2011 Page 5 ----------------------------------------------------------------------------- ----------------------------------------------------------------------------- final wall and gate plan shall be reviewed and approved by the Design Review Committee. 17. NEIGHBORHOOD SIGN PROGRAM A sign program shall be provided to address appropriate neighborhood signs to inform and deter the public from parking in the residential streets. Said program shall be reviewed and approved by the City of Sunnyvale. 18. PEDESTRIAN GARAGE ACCESS The parking garage shall either include a second set of stair or an elevator. The parking structure shall be consistent with all pertinent Building and ADA Codes. 19. GARAGE ENTRANCE Consider widening the ground level garage entry at the north end (unless it will serve only as exiting). 20. SHADING TREES Plant additional shading trees and enhance the existing landscaping wherever possible throughout the entire center. 21. ARCH ENTRY ELEMENTS Repeat the arch element throughout all of the pedestrian entrances. 22. STUCCO WALL TOP DETAIL Details should be provided on how stucco wall top is finished off (avoid sheet metal cap flashing). 23. MULTI - LANGUAGE SIGNS Require clear multi- language signs at each of the pedestrian entrances along Linnet Lane, informing them not to park in the residential streets. Also, the installation of a multi- language sign to inform truckers of the delivery hours and rules shall be provided. Detailed signage plans shall be submitted to the City for review and approval prior to issuance of building permits. 24. DISCLOSURE OF CONDITIONS TO TENANTS Require that the conditions of approval (including the City's noise ordinance) be made part of the lease agreements of all new tenants so they will be informed of the conditions and rules that will be enforced. 25. SECURITY CAMERAS Require security cameras to be installed at key delivery areas to assist in monitoring and enforcing delivery hours and noise violators. A detailed security camera plan shall be submitted for review and approval prior to issuance of building permits. Resolution No. M- 2011 -03, M- 2011 -04, M- 2011 -05 October 11, 2011 Page 6 ----------------------------------------------------------------------------- ----------------------------------------------------------------------------- 26. SECURITY SERVICES Require the center to enhance patrol service so that they can monitor and prevent spill over parking into the neighborhood and the delivery activities. The center should also provide a hotline to the adjacent residents to report any code violation and unsafe activities. Said patrol service shall also monitor the trash facilities to ensure all tenants are using the facilities properly. A detailed security plan shall be submitted to the City for review and approval prior to issuance of building permits. 27. ONE YEAR REVIEW PERIOD Require a 1 -year review of the use permit from the time the two new buildings receive final occupancy. The Planning Commission may consider and require additional parking remedies (i.e., parking lifts, valet parking and/or other parking demand management measures) if deemed appropriate at the time of the review hearing. 28. SECURITY AND MAINTENANCE The required security and maintenance service shall apply to the shopping center property as well as along the exterior perimeter of the Linnet Lane garage wall and landscaping area. A detailed security and maintenance plan shall be provided to the City for review and approval prior to issuance of building permits. 29. GREEN BUILDING MEASURES The proposed retail buildings and the parking garage shall be LEED certified (26 pts. minimum). The applicant shall submit a detailed green building plan prepared by a consultant outlining the different green measures that will be incorporated into the project prior to issuance of building permits. Prior to final occupancy approval, confirmation shall be provided to the City that the project has been formally certified by LEED. 30. GARAGE CONSTRUCTION The garage shall be built first so that the additional parking stalls are available during the construction period of the two retail buildings. 31. SIGN APPROVAL No signs are approved as part of this project. A separate sign program approval shall be obtained from the Design Review Committee prior to any approval of new signs associated with the new construction. 32. ARBORIST REVIEW The final landscaping plan shall be reviewed by the City Arborist prior to issuance of building permits. The City Arborist shall also verify that the landscaping has been carried out in accordance to the approved landscaping plan and that all of the landscaping features are in good standing prior to the final release of occupancy for the two commercial buildings. 79 Resolution No. M- 2011 -03, M- 2011 -04, M- 2011 -05 October 11, 2011 Page 7 ----------------------------------------------------------------------------- ----------------------------------------------------------------------------- 33. DEPARTMENT OF TOXIC SUBSTANCES CONTROL The property owner is required to satisfy all of the requirements prescribed by the Department of Toxic Substances Control in regards to the clean up the former Cupertino Village Cleaner's site. 34. FINAL PARKING PLAN APPROVAL Revised parking plan shall be reviewed and approved by the Planning and Fire Departments prior to issuance of building permits. 35. VALET SERVICE Valet service apply also to the parking peak times (Friday and Saturday noon and dinner times) in addition to the holiday seasons and the peak church usage times. Peak times should be tested by the professional traffic consultant to determine if the valet service is warranted after the completion of the project improvements. 36. LANDSCAPING PLAN The final landscaping plan shall be reviewed and approved by the Planning Division prior to issuance of building permits. If the landscaping area (defined by section 14.15.030) is greater than 2,500 square feet, then a full landscape project submittal per section 14.15.040 is required prior to issuance of building permits. 37. DEVELOPMENT APPROVAL EXPIRATION Approval of Use Permit (U- 2007 -06), Architectural and Site Approval (ASA- 2007 -10), and Architectural and Site Approval (ASA- 2008 -04) shall expire after August 11, 2014. 38. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90 -day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90- day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT. 39. OFF SITE IMPROVEMENTS Curbs and gutters, sidewalks, streetlights, street widening, curb ramps, striping and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 40. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. :E Resolution No. M- 2011 -03, M- 2011 -04, M- 2011 -05 October 11, 2011 Page 8 ----------------------------------------------------------------------------- ----------------------------------------------------------------------------- 41. STREET TREES Street trees shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance No. 125. 42. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and /or Regional Water Quality Control Board as appropriate. 43. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Hydrology and pre - and post - development hydraulic calculations must be provided to indicate whether additional storm water control measures are to be constructed or renovated. The storm drain system may include, but is not limited to, subsurface storage of peak stormwater flows (as needed), bioretention basins, vegetated swales, and hydrodynamic separators to reduce the amount of runoff from the site and improve water quality. The storm drain system shall be designed to detain water on -site (e.g., via buried pipes, retention systems or other approved systems and improvements) as necessary to avoid an increase of the one percent flood water surface elevation to the satisfaction of the City Engineer. Any storm water overflows or surface sheeting should be directed away from neighboring private properties and to the public right of way as much as reasonably possible. 44. UNDERGROUND UTILITIES The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. Ordinance No. 331 requires all overhead lines to be underground whether the lines are new or existing_ The developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 45. IMPROVEMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for under grounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: a. Grading Permit Fee: $ 6% of On Site Improvement Costs or $ 2,163.00 minimum b. Checking and Inspection Fee: $ 5% of Off Site Improvement Costs or $ 2,304.00 minimum c. Development Maintenance Deposit: $1,000.00 Resolution No. M- 2011 -03, M- 2011 -04, M- 2011 -05 October 11, 2011 Page 9 ----------------------------------------------------------------------------- ----------------------------------------------------------------------------- d. Storm Drainage Fee: $13,556.40 e. Power Cost: N/A f. Map Checking Fees: N/A g. Park Fees: N/A Bonds (Required): a. On -Site Improvements Bond: 100% Performance Bond b. Off -Site Improvements Bond: 100% Performance Bond; 100% Labor /Material Bond -The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be modified at the time of recordation of a final map or issuance of a building permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule. ** Developer is required for one -year power cost for streetlights 46. TRANSFORMERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. 47. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMPs), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. 48. NPDES CONSTRUCTION GENERAL PERMIT When and where it is required by the State Water Resources Control Board (SWRCB), the developer must obtain a Notice of hltent (NOI) from the SWRCB, which encompasses preparation of a Storm Water Pollution Prevention Plan (SWPPP), use of construction Best Management Practices (BMPs) to control storm water runoff quality, and BMP inspection and maintenance 49. C.3 REQUIREMENTS C.3 regulated improvements are required for all projects creating and /or replacing 10,000 S.F. or more of impervious surface (collectively over the entire project site). The developer shall reserve a minimum of 4% of developable surface area for the placement of low impact development measures, for storm water treatment, on the tentative map, unless an alternative storm water treatment plan, that satisfies C.3 requirements, is approved by the City Engineer. The developer must include the use and maintenance of site design, source control and storm water treatment Best Management Practices (BMPs), which must be designed per approved numeric sizing criteria. A Storm Water Management Plan, Storm Water Facilities Easement Agreement, Storm Water Facilities Operation and Maintenance :. Resolution No. M- 2011 -03, M- 2011 -04, M- 2011 -05 October 11, 2011 Page 10 ----------------------------------------------------------------------------- ----------------------------------------------------------------------------- Agreement, and certification of ongoing operation and maintenance of treatment BMPs are each required. All storm water management plans are required to obtain certification from a City approved third party reviewer. 50. MAINTENANCE AGREEMENT The applicant will be required to maintain all items, which are non - standard within the City's right of way. The applicant and the City must enter into a recorded agreement for this aforementioned work. 51. GARBAGE AND RECYCLING The applicant will be required to gain approval from the Environmental Programs Department prior to obtaining a building permit for the overall garbage and recycling of the subject development. Please use the following link towards the design of the garbage/ recycling facilities: htLp://www.cupertino.org/downloads/Pdf/es Non Res _ Waste_Guidelines.pdf A refuge truck access plan must be approved by the Environmental Programs Department. 52. TRAFFIC STUDY FOR POTENTIAL CUT - THROUGH TRAFFIC The applicant shall fund a study to examine potential cut through traffic resulting from the proposed development along Wolfe Road between Pruneridge Avenue and Homestead Road. The applicant shall pay for necessary traffic improvements to address this potential traffic impact. Work shall be coordinated with the Public Works Department. 53. BUS SHELTERS There are currently two bus stops along Wolfe Road. One of the bus stops is located near the intersection of Homestead and Wolfe. This bus stop will be relocated to the south of the entrance drive in front of Starbucks Coffee in order to promote safer vehicular movement. The site plan already reflects this change. In addition, staff suggests that the project be required to design and build appropriate bus stop shelters at the two bus stops. The final bus shelter design and location shall be reviewed and approved by the Public Works Department to the Valley Transportation Authority's (VTA) specification. 54. RECONSTRUCTION OF SIDEWALK In order to prolong the life of the double row of Ash Trees along Wolfe Road and the street trees along Homestead Road, the existing perimeter sidewalk should be replaced with a new at -grade sidewalk to facilitate proper root growth and reduce future uplifting of the sidewalk. All monolithic sidewalks shall be replaced with detached sidewalk (except in situations where trees are in the way or special physical/ functional constraints warrants special consideration by the Director of Community Development). Unused Resolution No. M- 2011 -03, M- 2011 -04, M- 2011 -05 October 11, 2011 Page 11 ----------------------------------------------------------------------------- ----------------------------------------------------------------------------- driveway curb cuts, unnecessary and unsafe curb features or tree wells shall be eliminated. 55. MEDIAN AND SIDEWALK IMPROVEMENT PLAN The final median and sidewalk improvement plan, including but not limited to the sheltered left turn from Wolfe Road and the new sidewalk reconstruction along Wolfe and Homestead Roads, shall be submitted to the City for review and approval prior to commencement of the construction of the improvements. Said plan shall be prepared by a professional civil engineer and would require the peer review of the project traffic engineer. 56. TRAFFIC SIGNAL MODIFICATION The applicant shall fund the traffic signal modification improvements at the Homestead /Wolfe intersection in an amount not to exceed $85,000, said amount shall be due as a deposit or reimbursement prior to final occupancy of the Cupertino Village development improvements. It is the City's intention that the traffic signal improvements be constructed as soon as feasible and no later than five years from the project approval. 57. HOMESTEAD ROAD DRIVEWAY The Homestead Road Driveway shall be designated as right turn in, right turn out and sheltered left out only. Appropriate signage and the final driveway and median improvement plan shall be submitted to the City for review and approval prior to issuance of building permits. Conditions for ASA- 2007 -10 are hereby revised as follows: SECTION V: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 58. APPROVED EXHIBITS The approval is based on Exhibits submitted by MCG titled: "Cupertino Village" consisting of 25 pages, except as may be amended by the Conditions contained in this Resolution. 59. DEVELOPMENT APPROVAL Approval is granted to construct two one -story retail building totaling 24,455 square feet and a two level parking structure. 60. CONSTRUCTION MANAGEMENT PLAN A construction management plan shall be provided to include but not limited to the following measures: ❖ Construction schedule /duration /noise abatement. ❖ Interim offsite employee/ contractor parking. •'• Truck routes. ❖ Onsite construction/ traffic signage. Ell Resolution No. M- 2011 -03, M- 2011 -04, M- 2011 -05 October 11, 2011 Page 12 ----------------------------------------------------------------------------- ----------------------------------------------------------------------------- Best management practices. •'• Dust control. •'• Specific tree protection measures. ❖ No construction parking or traffic shall occur on the residential streets to the west. ❖ A hotline shall be established during the construction period for the adjacent residents to report any violations or concerns. The hotline information shall be posted on the property owner's website and at appropriate locations at the construction site. Said plan shall be reviewed by the Director of Community Development prior to issuance of building permits. 61. NOISE ABATEMENT The final garage plan shall be reviewed by the project noise consultant (Illingworth and Rodkin) to ensure that all of the recommendations outlined by the noise report dated November 8, 2007 are sufficiently addressed. This includes but not limited to the required noise attenuation properties of the garage perimeter wall (ground level and second level) along Linnet Lane. 62. ODOR ABATEMENT All new restaurants shall install odor filtration system. Odor filtration plan shall be reviewed and approved by the City prior to issuance of any building permits. 63. LANDSCAPE MAINTENANCE BOND A landscaping bond naming the City as beneficiary in the amount of $100,000 shall be provided to the City prior to issuance of any building permits. Said bond shall ensure that the approved landscaping enhancements associated with the project are going to be carried out and properly maintained. The bond shall be released five years from the final occupancy approval of the proposed new buildings with a letter from the City Consulting Arborist confirming that all of the landscaping features are in good standing. 64. DETAILED LANDSCAPE MAINTENANCE PLAN A detailed landscaping maintenance plan be submitted to the City for review and approval prior to issuance of building permits. Said plan shall include details on the irrigation system and the routing schedule of maintenance and the upkeep of the landscaping area along east side of Linnet Lane. 65. TRASH ENCLOSURE SIZE AND LOCATION The applicant shall work with a consultant to evaluate the refuse and recycling needs of the center and develop a permanent refuse/ recycling improvement plan (including but not limited to provide newly updated versions of trash compactors/ enclosures, any necessary grease filtration system upgrades, any necessary sewage facility upgrades and more efficient refuse pick -up schedule). Said plan shall be submitted to the City for Resolution No. M- 2011 -03, M- 2011 -04, M- 2011 -05 October 11, 2011 Page 13 ----------------------------------------------------------------------------- ----------------------------------------------------------------------------- review and approval prior to issuance of building permits. Any new trash facility shall be located away from the residential neighborhood as far as possible. 66. CORNER PLAZA ENHANCEMENTS The project shall enhance the corner areas at the intersections of Pruneridge /Wolfe and Wolfe /Homestead. Said areas shall be enhanced with special paving material, appropriate landscaping and sidewalk features and potentially benches or art features as determined by the City in order to improve the pedestrian experience and overall aesthetic of the site. A detailed corner plaza enhancement plan shall be submitted for review and approval by the Design Review Committee prior to issuance of building permits. The proposed site plan already acknowledges the plaza. 67. ENHANCEMENTS TO THE INTERIOR CROSSWALKS The applicant shall work with staff to determine areas within the existing shopping center (consistent with the recommendations from Fehr and Peers) that should be better delineated as special pedestrian walks or crossing areas. Such areas shall be enhanced with special semi - pervious paving materials and striping. Detailed plans shall be reviewed and approved by the Design Review Committee prior to issuance of building permits. 68. ENHANCEMENTS TO THE INTERIOR COURTYARDS The applicant shall work with staff to enhance and activate the existing courtyards with the following measures: ❖ New shading trees wherever possible. ❖ Enhancements to benches, sitting areas and lighting features. ❖ Enhancements to the interior plaza and gathering places (including but not limited to upgrades to special semi - pervious paving material, trellis/ arbor features, water features and outdoor seating areas). Detailed enhancement plan shall be reviewed and approved by the Design Review Committee. 69. DESIGN REVIEW COMMITTEE The Design Review Committee shall review and approve the final architecture and site plan of the project. 70. RAIN GARDEN The site drainage and roof drainage shall be directed to the rain gardens and /or similar pervious areas to the maximum extent possible. The final site and roof drainage plan shall be reviewed and approved by the Design Review Committee. 71. TRANSPORTATION DEMAND MANAGEMENT Provide a Transportation Demand Management Plan. Such plan shall be permanent and demonstrable and be linked to the leasing strategy (ie. tenant /use controls such as cap on restaurants and /or square footage limits). Said plan shall include but not be limited to incentives for employees carpool or take public transportation such as bus passes, 0 Resolution No. M- 2011 -03, M- 2011 -04, M- 2011 -05 October 11, 2011 Page 14 ----------------------------------------------------------------------------- ----------------------------------------------------------------------------- monetary incentives, shuttle services for off -site parking, employee or restaurant valet services, preferential car pool parking etc. The final TDM plan shall be submitted to the Planning Department for review and approval prior to final occupancy approval. 72. PARKING SUPPLY The total percent of increase in the proposed parking capacity shall equal or be greater than the proposed percent of increase in building square footage. Physical measures shall include but not be limited to valet parking, offsite parking and/or other dense types of parking measures (including urban lifts) to meet the parking demand. The final revised parking plan shall be reviewed and approved by the Design Review Committee prior to issuance of building permits. Urban lifts shall require Planning Commission review and approval. 73. SCREEN WALL A minimum eight (8) foot tall wall shall be constructed along the northerly property line between the shopping center and the church property. hi addition, a locked gate shall be provided at a mutually (between the shopping center and church) agreed location. The final wall and gate plan shall be reviewed and approved by the Design Review Committee. 74. NEIGHBORHOOD SIGN PROGRAM A sign program shall be provided to address appropriate neighborhood signs to inform and deter the public from parking in the residential streets. Said program shall be reviewed and approved by the City of Sunnyvale. 75. PEDESTRIAN GARAGE ACCESS The parking garage shall either include a second set of stair or an elevator. The parking structure shall be consistent with all pertinent Building and ADA Codes. 76. GARAGE ENTRANCE Consider widening the ground level garage entry at the north end (unless it will serve only as exiting). 77. SHADING TREES Plant additional shading trees and enhance the existing landscaping wherever possible throughout the entire center. 78. ARCH ENTRY ELEMENTS Repeat the arch element throughout all of the pedestrian entrances. 79. STUCCO WALL TOP DETAIL Details should be provided on how stucco wall top is finished oft (avoid sheet metal cap flashing). Resolution No. M- 2011 -03, M- 2011 -04, M- 2011 -05 October 11, 2011 Page 15 ----------------------------------------------------------------------------- ----------------------------------------------------------------------------- 80. MULTI - LANGUAGE SIGNS Require clear multi- language signs at each of the pedestrian entrances along Linnet Lane, informing them not to park in the residential streets. Also, the installation of a multi- language sign to inform truckers of the delivery hours and rules shall be provided. Detailed signage plans shall be submitted to the City for review and approval prior to issuance of building permits. 81. DISCLOSURE OF CONDITIONS TO TENANTS Require that the conditions of approval (including the City's noise ordinance) be made part of the lease agreements of all new tenants so they will be informed of the conditions and rules that will be enforced. 82. SECURITY CAMERAS Require security cameras to be installed at key delivery areas to assist in monitoring and enforcing delivery hours and noise violators. A detailed security camera plan shall be submitted for review and approval prior to issuance of building permits. 83. SECURITY SERVICES Require the center to enhance patrol service so that they can monitor and prevent spill over parking into the neighborhood and the delivery activities. The center should also provide a hotline to the adjacent residents to report any code violation and unsafe activities. Said patrol service shall also monitor the trash facilities to ensure all tenants are using the facilities properly. A detailed security plan shall be submitted to the City for review and approval prior to issuance of building permits. 84. ONE YEAR REVIEW PERIOD Require a 1 -year review of the use permit from the time the two new buildings receive final occupancy. The Planning Commission may consider and require additional parking remedies (i.e., parking lifts, valet parking and /or other parking demand management measures) if deemed appropriate at the time of the review hearing. 85. SECURITY AND MAINTENANCE The required security and maintenance service shall apply to the shopping center property as well as along the exterior perimeter of the Linnet Lane garage wall and landscaping area. A detailed security and maintenance plan shall be provided to the City for review and approval prior to issuance of building permits. 86. GREEN BUILDING MEASURES The proposed retail buildings and the parking garage shall be LEED certified (26 pts. minimum). The applicant shall submit a detailed green building plan prepared by a consultant outlining the different green measures that will be incorporated into the project prior to issuance of building permits. Prior to final occupancy approval, confirmation shall be provided to the City that the project has been formally certified by LEED. Resolution No. M- 2011 -03, M- 2011 -04, M- 2011 -05 October 11, 2011 Page 16 ----------------------------------------------------------------------------- ----------------------------------------------------------------------------- 87. GARAGE CONSTRUCTION The garage shall be built first so that the additional parking stalls are available during the construction period of the two retail buildings. 88. SIGN APPROVAL No signs are approved as part of this project. A separate sign program approval shall be obtained from the Design Review Committee prior to any approval of new signs associated with the new construction. 89. ARBORIST REVIEW The final landscaping plan shall be reviewed by the City Arborist prior to issuance of building permits. The City Arborist shall also verify that the landscaping has been carried out in accordance to the approved landscaping plan and that all of the landscaping features are in good standing prior to the final release of occupancy for the two commercial buildings. 90. DEPARTMENT OF TOXIC SUBSTANCES CONTROL The property owner is required to satisfy all of the requirements prescribed by the Department of Toxic Substances Control in regards to the clean up the former Cupertino Village Cleaner's site. 91. FINAL PARKING PLAN APPROVAL Revised parking plan shall be reviewed and approved by the Planning and Fire Departments prior to issuance of building permits. 92. VALET SERVICE Valet service apply also to the parking peak times (Friday and Saturday noon and dinner times) in addition to the holiday seasons and the peak church usage times. Peak times should be tested by the professional traffic consultant to determine if the valet service is warranted after the completion of the project improvements. 93. LANDSCAPING PLAN The final landscaping plan shall be reviewed and approved by the Planning Division prior to issuance of building permits. If the landscaping area (defined by section 14.15.030) is greater than 2,500 square feet, then a full landscape project submittal per section 14.15.040 is required prior to issuance of building permits. 94. DEVELOPMENT APPROVAL EXPIRATION Approval of Use Permit (U- 2007 -06), Architectural and Site Approval (ASA- 2007 -10), and Architectural and Site Approval (ASA- 2008 -04) shall expire after August 11, 2014. 95. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the 0 Resolution No. M- 2011 -03, M- 2011 -04, M- 2011 -05 October 11, 2011 Page 17 ----------------------------------------------------------------------------- ----------------------------------------------------------------------------- amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90 -day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90- day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. SECTION VI: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT. 96. OFF SITE IMPROVEMENTS Curbs and gutters, sidewalks, streetlights, street widening, curb ramps, striping and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 97. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 98. STREET TREES Street trees shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance No. 125. 99. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and /or Regional Water Quality Control Board as appropriate. 100. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Hydrology and pre - and post - development hydraulic calculations must be provided to indicate whether additional storm water control measures are to be constructed or renovated. The storm drain system may include, but is not limited to, subsurface storage of peak stormwater flows (as needed), bioretention basins, vegetated swales, and hydrodynamic separators to reduce the amount of runoff from the site and improve water quality. The storm drain system shall be designed to detain water on -site (e.g., via buried pipes, retention systems or other approved systems and improvements) as necessary to avoid an increase of the one percent flood water surface elevation to the satisfaction of the City Engineer. Any storm water overflows or surface sheeting should be directed away from neighboring private properties and to the public right of way as much as reasonably possible. 101. UNDERGROUND UTILITIES The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of M Resolution No. M- 2011 -03, M- 2011 -04, M- 2011 -05 October 11, 2011 Page 18 ----------------------------------------------------------------------------- ----------------------------------------------------------------------------- underground utility devices. Ordinance No. 331 requires all overhead lines to be underground whether the lines are new or existing_ The developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 102. IMPROVEMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for under grounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: a. Grading Permit Fee: $ 6% of On Site Improvement Costs or $ 2,163.00 minimum b. Checking and Inspection Fee: $ 5% of Off Site Improvement Costs or $ 2,304.00 minimum c. Development Maintenance Deposit: $1,000.00 d. Storm Drainage Fee: $13,556.40 e. Power Cost: N/A f. Map Checking Fees: N/A g. Park Fees: N/A Bonds (Required): c. On -Site Improvements Bond: 100% Performance Bond d. Off -Site Improvements Bond: 100% Performance Bond; 100% Labor /Material Bond -The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be modified at the time of recordation of a final map or issuance of a building permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule. ** Developer is required for one -year power cost for streetlights 103. TRANSFORMERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. 104. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. 105. NPDES CONSTRUCTION GENERAL PERMIT When and where it is required by the State Water Resources Control Board (SWRCB), the developer must obtain a Notice of hltent (NOI) from the SWRCB, which encompasses 91 Resolution No. M- 2011 -03, M- 2011 -04, M- 2011 -05 October 11, 2011 Page 19 ----------------------------------------------------------------------------- ----------------------------------------------------------------------------- preparation of a Storm Water Pollution Prevention Plan (SWPPP), use of construction Best Management Practices (BMPs) to control storm water runoff quality, and BMP inspection and maintenance 106. C.3 REQUIREMENTS C.3 regulated improvements are required for all projects creating and /or replacing 10,000 S.F. or more of impervious surface (collectively over the entire project site). The developer shall reserve a minimum of 4% of developable surface area for the placement of low impact development measures, for storm water treatment, on the tentative map, unless an alternative storm water treatment plan, that satisfies C.3 requirements, is approved by the City Engineer. The developer must include the use and maintenance of site design, source control and storm water treatment Best Management Practices (BMPs), which must be designed per approved numeric sizing criteria. A Storm Water Management Plan, Storm Water Facilities Easement Agreement, Storm Water Facilities Operation and Maintenance Agreement, and certification of ongoing operation and maintenance of treatment BMPs are each required. All storm water management plans are required to obtain certification from a City approved third party reviewer. 107. MAINTENANCE AGREEMENT The applicant will be required to maintain all items, which are non - standard within the City's right of way. The applicant and the City must enter into a recorded agreement for this aforementioned work. 108. GARBAGE AND RECYCLING The applicant will be required to gain approval from the Environmental Programs Department prior to obtaining a building permit for the overall garbage and recycling of the subject development. Please use the following link towards the design of the garbage/ recycling facilities: ht!p://www.cupertino.org/downloads/PLtf/es Non Res _ Waste_Guidelines.pdf A refuge truck access plan must be approved by the Environmental Programs Department. 109. TRAFFIC STUDY FOR POTENTIAL CUT - THROUGH TRAFFIC The applicant shall fund a study to examine potential cut through traffic resulting from the proposed development along Wolfe Road between Pruneridge Avenue and Homestead Road. The applicant shall pay for necessary traffic improvements to address 'A Resolution No. M- 2011 -03, M- 2011 -04, M- 2011 -05 October 11, 2011 Page 20 ----------------------------------------------------------------------------- ----------------------------------------------------------------------------- this potential traffic impact. Work shall be coordinated with the Public Works Department. 110. BUS SHELTERS There are currently two bus stops along Wolfe Road. One of the bus stops is located near the intersection of Homestead and Wolfe. This bus stop will be relocated to the south of the entrance drive in front of Starbucks Coffee in order to promote safer vehicular movement. The site plan already reflects this change. In addition, staff suggests that the project be required to design and build appropriate bus stop shelters at the two bus stops. The final bus shelter design and location shall be reviewed and approved by the Public Works Department to the Valley Transportation Authority's (VTA) specification. 111. RECONSTRUCTION OF SIDEWALK In order to prolong the life of the double row of Ash Trees along Wolfe Road and the street trees along Homestead Road, the existing perimeter sidewalk should be replaced with a new at -grade sidewalk to facilitate proper root growth and reduce future uplifting of the sidewalk. All monolithic sidewalks shall be replaced with detached sidewalk (except in situations where trees are in the way or special physical / functional constraints warrants special consideration by the Director of Community Development). Unused driveway curb cuts, unnecessary and unsafe curb features or tree wells shall be eliminated. 112. MEDIAN AND SIDEWALK IMPROVEMENT PLAN The final median and sidewalk improvement plan, including but not limited to the sheltered left turn from Wolfe Road and the new sidewalk reconstruction along Wolfe and Homestead Roads, shall be submitted to the City for review and approval prior to commencement of the construction of the improvements. Said plan shall be prepared by a professional civil engineer and would require the peer review of the project traffic engineer. 113. TRAFFIC SIGNAL MODIFICATION The applicant shall fund the traffic signal modification improvements at the Homestead /Wolfe intersection in an amount not to exceed $85,000, said amount shall be due as a deposit or reimbursement prior to final occupancy of the Cupertino Village development improvements. It is the City's intention that the traffic signal improvements be constructed as soon as feasible and no later than five years from the project approval. 114. HOMESTEAD ROAD DRIVEWAY The Homestead Road Driveway shall be designated as right turn in, right turn out and sheltered left out only. Appropriate signage and the final driveway and median improvement plan shall be submitted to the City for review and approval prior to issuance of building permits. 93 Resolution No. M- 2011 -03, M- 2011 -04, M- 2011 -05 October 11, 2011 Page 21 ----------------------------------------------------------------------------- ----------------------------------------------------------------------------- Conditions for ASA- 2008 -04 are hereby revised as follows: SECTION VII: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 115. APPROVED EXHIBITS Approval is based on the plan set titled "Cupertino Village" dated 7/16/2008 as introduced to the Design Review Committee on August 7, 2008, except as may be amended by conditions in this resolution. 116. ADDITIONAL SHADING TREES The applicant shall work with City staff to add additional shading trees within the interior courtyard area where feasible. Revised landscaping plan shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 117. FOUNTAIN AND PLAZA ENHANCEMENTS The applicant shall work with City staff to enhance the existing water fountain located at the center of the interior courtyard and other areas that lacks landscaping and sitting appurtenances. Including but not limited to replacing the existing fountain with a more substantial one and /or redesign the existing plaza areas to include a more substantial public sitting area with enhanced shading trees, special paving materials, and outdoor furniture as determined to be appropriate by the Director of Community Development. The applicant shall also use native, draught tolerant and seasonal color plantings. 118. PEDESTRIAN CROSSWALK ENHANCEMENTS The final pedestrian crossing enhancement within the Ranch 99 parking lot shall be reviewed and approved by the City prior to issuance of building permits. Consider shifting the proposed crosswalk paving treatments and /or markings closer to the center of the parking lot. 119. FINAL PLAZA DESIGN The final plaza details and design shall be approved by the Director of Community Development prior to final occupancy. 120. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90 -day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90- ., Resolution No. M- 2011 -03, M- 2011 -04, M- 2011 -05 October 11, 2011 Page 22 ----------------------------------------------------------------------------- ----------------------------------------------------------------------------- day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. SECTION VIII: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT. 121. WELCOME TO CUPERTINO SIGN The applicant is required to either replace the existing dilapidated welcome to Cupertino sign located at the northeast corner of the project to the satisfaction of the Director of Public Works or provide a sign improvement contribution in the amount of $35,000 to the City prior to issuance of building permits. The City shall use the money to plan, design and build an appropriate welcome to Cupertino sign at the corner of Homestead Road and Wolfe Road. 122. SIDEWALK IMPROVEMENTS The detached sidewalk enhancements associated with the project along Wolfe Road and Homestead Road shall be at least six (6) feet in width. h1 the event if the six (6) foot walk presents negative impacts on the existing street trees as determined by the City Arborist, the sidewalk may be reduced down to five (5) feet in width. The final sidewalk enhancement plan shall be reviewed and approved by the City Arborist as well as the Director of Public Works Department prior to final occupancy of the project. PASSED AND ADOPTED this 11th day of October 2011, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: Aarti Shrivastava Community Development Director APPROVED: Winnie Lee, Chair Planning Commission G: APlannin` \RE5 \2011 \M - 2011 -03,M- 2011 -04, M- 2011- 06_res (Draft Approval Rcsolution).doc 95 Simon Vuong ATTACHMENT C From: Jamieson, David [DJamieson @kimcorealty.com] Sent: Tuesday, October 18, 2011 11:03 AM To: Gary Chao; Simon Vuong Cc: Brown, Bill Subject: Cupertino Village - Request for City Council Re- Schedule Gary / Simon, I'm writing to request that the presentation to City Council for Cupertino Village be re- scheduled to Dec 20 to provide us with some additional time to complete our outreach effort and to finalize our strategy for the hearing. Please advise if you need any additional information at this time. Best, Dave David Jamieson, LEED AP I Asset Management Western Region Kimco Realty Corporation 75 Southgate Avenue I Daly City, CA 94015 Direct: 650-746-75021 Mobile: 617 - 970 -8805 1 Fax: 650 - 756 -3390 •R Cupertino Planning Commission 6. M- 2011 -03, M- 2011 -04 M- 2011 -05 David Jamieson (Kimco Realty) 10825 -10983 No. Wolfe Rd (Cupertino Village) October 10, 2011 Modification to a previously approved Architectural and Site application (ASA- 2008 -04) to extend the expiration date for three years; Modification to a previously approved Use Permit (U- 2007 -06) to extend the expiration date for three years; Modification to a previously approved Architectural and Site application (ASA- 2007 -10) to extend the expiration date for three years. Planning Commission decision final unless approved. Chair Lee refrained from discussion of the application as she is owner of business across the street. She left the meeting and did not return. Simon Vuong, Assistant Planner, presented the staff report: • Reviewed the application for a modification to a previously approved use permit, architectural and site approval, and architectural and site approval for the purpose of extending the expiration date of the approvals three years beyond the one -year extension previously granted, as outlined in the staff report. • The extension relates to the development of two retail buildings and a two -level parking structure; the applicant is requesting an extension of three additional years because of waning tenant interest and the current economic situation. • He reviewed the project site and surrounding location, background of the application dating back to 2008, site plan, benefits to the community and examples of extension approvals. Discussion details are outlined in the staff report. • Staff recommends that the Planning Commission recommend to City Council approval of the application in accordance with the draft resolution. • Staff answered questions regarding the proposed extension. It was noted that if the applicant changes their mind within the three year extension period of usage of center, they would have to return to the city to make changes to the permit. She also discussed benefits to the community of granting extensions beyond the three years. Dave Jamieson, Director of Asset Management for Kimco Realty: Said that the economy has posed several challenges that have compromised their ability to move forward with the development; there is evidence that the conditions are improving within Cupertino Village and Cupertino as a whole. There is a renewed development activity and they feel confident that the additional three years will provide the opportunity to move the project forward which will not only enhance the value of Cupertino Village, but also the surrounding community and the benefits that would be contributed as a result of the project. Vice Chair Miller opened the public hearing. Jennifer Griffin, Rancho Rinconada resident: The center is an important part of Cupertino; it is a good neighbor and she was impressed with Kimco since they purchased the property; it is always neat and tidy with many people enjoying the area. She said considering economic conditions, and also with the advent of the Apple purchase of the HP campus, and that the property and the HP campus are one of the main northern entrances to Cupertino, it would not be unprecedented to give an extension to this property since the Main Street project was given an extension and may be granted another extension at some point. Kimco is proceeding cautiously because there are a number of things happening at that end of town. She recalled that Ranch 99 market had a separate lease, and when Kimco was going through the planning process for their upgrades to the shopping center, the Ranch 99 market could not be touched because there was a separate lease still intact. She asked how much longer the 97 Cupertino Planning Commission October 10, 2011 lease is for because it is a significant part of the property;, and will it be another deciding factor in 2014 or when the three year extension is up. Com. Brophy: • Relative to Jennifer Griffin's comments, Kimco said back in 2008 that the lease with the grocery store placed restrictions on how they could develop the property; all leases are separate in the property, but because it is such a large lease they had some control over how the property could or could not be developed. Aarti Shrivastava: • Relative to a three year extension, she said the applicant must pull a building permit and start building within three years. After the building permit is pulled, how much time to completion depends on the building permit; there are some requirements of the building permit phase; once they go into that the building code has its own rules, typically it is valid for six months without activity. Vice Chair Miller closed the public hearing. Com. Brophy: • Said in general he supported approval of extensions for projects that have been analyzed and soundly approved; however, in the subject application he will vote against extending the project because of the facts specific to this case. He said the project was approved the meeting before he joined the Planning Commission, and he did not have a chance to speak about it the first time. He said the case of the parking problem at the Kimco Center Cupertino Village is obvious to anybody who goes to lunch there on any weekend. • He said he felt the traffic study used to approve the project was defective; their assumption was that because there were 691 occupied spaces when the traffic consultant visited this site, the demand must be equal to 691. The reason why they didn't say there was a shortage was because there weren't cars trying to get into the mall that were sprawling all over Wolfe Road and Homestead. As recently as 12:30 this Sunday, he said he could not find a parking space other than handicapped spot, and his opinion is that there is clearly a shortage. • The proposed plan for approving this project would make it even more dense, and city staff recognizes this in Paragraph 72 where it states "physical measures to solve the parking problem shall include but not be limited to valet parking and other dense types of parking measures ". He said he did not feel that was the type of parking that the people of Cupertino want and he was concerned about the tenants at the mall who are virtually all sole proprietors putting their livelihoods at risk in the event the center is not successful. In addition Apple is coming in with 9,000 to 12,000 employees across the street and to simply say that it will be considered when looking at the Apple building rather than asking the obvious question how will Apple affect this project; that he believes the appropriate solution is to have this project start over again, rather than approving what he believes to be a flawed plan. Com. Brownley: • Said he understood that part of the upgrades to the project was a new parking structure that would address some of the parking concerns for future visitors to the site. Com. Brophy: • Said when doing the Crossroads, staff provided a parking study for some previously approved centers, one of them being Kimco. He said the study does not reflect that the Methodist Church has a legal right to use the center for parking themselves. There is no cap allowance for that; and at lunch on Sundays it is a fairly large demand. • By the traffic consultant's own estimate using ULI studies the restaurant should be allowed 15 to 20 spaces per 1,000, so for the proposed expansion he proposes that the restaurants be given Cupertino Planning Commission October 10, 2011 12.97. This is the kind of study where the numbers jump out; it is not a marginal case and anybody who lives in town who has been to this mall during peak hours knows that the center is overcrowded and to simply expand parking spaces at a rate no greater than the percentage increase of additional gross leasable area will just make the center worse. Said he felt the project should not have been approved three years ago, and especially given that there is now a massive traffic generator that will be going in across the street. He said he felt it was time to reopen the whole issue rather than approving a project that he believes is a mistake. Gary Chao: • The condition requires that the parking structure be constructed first along with the sound wall and then build out the remainder of the project. Dave Jamieson: • Said the cost of the parking structure is taken into consideration for the entire development of the project. In terms of it being feasible, if they moved forward with the development, they would incur those costs which are part of the project. The parking structure would be built first to ensure that there is sufficient parking available when the new retail does get developed. • In terms of addressing the concerns with the additional traffic, the Apple facility being directly across the street would increase the pedestrian walking access; it will be a benefit on both sides, but difficult to judge if that increases the car traffic. From the pedestrian standpoint, it is a very convenient access from a walking perspective. Aarti Shrivastava: From history, across two separate approvals, the existing center back in 2007 was assessed to have 691 spaces, it was originally approved with 800 spaces but with a change to the use permit, the total capacity was 891 spaces and that was by restriping areas as well as counting valet parking for 26 stalls to create 26 additional stalls; hence the final count with all of those changes would have been 891, 200 more for the development which would be about 25,000 square feet. Said that by 2014 the permit would expire and at that time if they hadn't vested it by beginning the building and continuing it, after that if they chose not to move ahead with it, they would have to reapply for another project. Com. Brophy: • Said he was uncomfortable discussing the parking issue in detail because none of it was included with the materials. He was looking at what was provided a couple of months ago, and the consultant talking about its existing layout using ULI numbers said it requires for its existing layout 752 to 900 parking spaces, but through the miracle of modern adjustments, they only need 691 spaces which coincidently is how many parking spaces they presently have. He said not being an engineer, his sense is that the traffic engineering studies they see consistently seem to get the numbers that the projects need and in this particular case, common sense can take you out there on any weekend and see that the existing number is well short of what it needs to support. By forcing this project to become even more dense which is the word used in the staff recommendation, it is putting the existing merchants at risk; they are paying very high rents in exchange for high productivity from Cupertino Village; but if they try to squeeze more into that rather than make it a better center, it will make it a much worse center at least for the existing tenants. Vice Chair Miller: • Stated the options were voting for or against the application or continuing it and having it come back; staff will explain the options in detail. .. Cupertino Planning Commission October 10, 2011 Aarti Shrivastava: • Summarized the options before the Commission; either approve the modification or recommend denial at which point it would go to City Council; or chose to continue it there is a need for more information. Staff is not planning to re -look at the application, but bring it in as an extension because they could apply for another permit. Valerie Armento, City Attorney: • Said that the Commission could not reopen the application, but vote on the application being discussed; either present a motion to extend it or make a motion to deny extension. Said there was nothing to be gained from a continuation; there is nothing to be researched; staff has answered questions about now vs. three years from now. Com. Brophy: • Clarified that the number quoted from the parking study was for the existing amount of square footage, not the expanded size. Valerie Armento, City Attorney: • Explained that it was two different issues; if the Commission makes a motion to not extend and it is denied, it is up to the company to reapply, or re- evaluate; but it is not reopening the matter on the Commissions' motion. What is being said is the Commission would like to continue this and have staff come back with more information on the parking and re- analyze that, and that is really re- opening the item on the Commission's motion, not on the application of the applicant. The Commission is making a recommendation to City Council Motion: Motion by Com. Brownley, second by Vice Chair Miller, motion failed with a vote of 2 -2 -0, (Coms. Brownley and Miller voted Yes; Coms. Brophy and Com. Sun voted No) Chair Lee absent; to recommend to City Council to approve M- 2011 -03, M- 2011 -04, M- 2011 -05. Valerie Armento, City Attorney: • Explained that since only four Commissioners were eligible to vote, if the motion fails, the converse of the motion is what the recommendation is to the City Council unless you choose to make another motion with regard to the application which may garner at least 3 votes. Restated that a tie motion does not pass; in this case the motion was to recommend approval to the City Council; with a 2/2 vote it fails; the minutes can go to City Council indicating the motion that was made, the fact that the vote was split and you can stop there. Alternatively if somebody thinks they can make a motion that would get more than 2 votes, you can attempt to make that motion to try and get more than 2 votes. Motion: Motion by Com. Sun, to approve M- 2011 -03, M- 2011 -04, M- 2011 -05, with condition immediately from this year to start of building two story parking garage in the Cupertino Village first, instead of extending application for another three years. Following discussion, the motion died for lack of a second. Valerie Armento, City Attorney: • Interpreted the motion stating that what is being suggested is a one year extension as opposed to a three year extension because the condition is they have to build the garage first. If requiring them to build the garage within the next year, it is giving a one -year extension. Her understanding is that they are saying if they don't build the garage in the next year, then they are out of luck, which is saying you are modifying what they applied for instead of being a three -year extension, to be a one -year extension. 100 Cupertino Planning Commission October 10, 2011 Com. Sun: • Said he wanted to consider the business economic situation and also it is a reality in the shopping center, because the shopping center is traffic jammed in the current condition, if applicant built the parking structure and can solve the traffic problem immediately. Com. Brophy: • Said they are likely not going to build the extra parking if they have permission to build the extra square footage. Vice Chair Miller: Said it would only be solving the traffic problem for the period of time that the parking structure is up and the additional square footage hasn't been built. Once the additional square footage has been built, if you believe that the traffic is going to go back to an unacceptable condition, then it is not certain that anything is solved. Com. Sun: • Said if the new two story structure couldn't solve the problem, the entire application will fail. Aarti Shrivastava: • I think Vice Chair Miller is saying the two story parking structure will be there and will help the existing businesses, but once the new structure is built, there will be tenants from that using that new structure. There will be temporary relief for the existing businesses after which they will have to share space with the new building. OLD BUSINESS None NEW BUSINESS None REPORT OF THE PLANNING COMMISSION ENVIRONMENTAL REVIEW COMMITTEE No report. H OUSING COMMISSION No report. ECONOMIC DEVELOPMENT COMMITTEE No meeting. MAYOR'S MONTHLY MEETING Com. Brophy reported on meeting: • Teen Commission reported they are working on an anti - tobacco conference in three months; Teen Center lounge having a party on Friday Oct. 9ch • TIC has had a large turnover and not held many meetings; they are looking at the use of social technologies for staff and citizens, and have had meeting with the City's IT Director. • Library Report: A poet laureate has been appointed, a health science library will be added as part of the Cupertino Library; there has been a decline in usage since the implementation of the $80 fee for non - residents. • Parks and Recreation Commission: McClellan Ranch Plan has started to get an update; last done in 1993 and will be holding public hearings in near future; some question as to whether or not the review of the ranch will also include a look at the Simms parcel. • Fine Arts Commission: Meets every two months; many new commissioners there; the abstract of baseball glove in center field at a cell tower at Memorial Park recently installed; Shakespeare Festival occurred this summer; vote for distinguished and emerging artist; use of organic materials at Cherry Blossom festival. 101 ATTACHMENT E CUPERTINO OFFICE OF COMMUNITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 (408) 777 -3308 • FAX (408) 777 -3333 • planninQ9cupertino.orR PLANNING COMMISSION STAFF REPORT Agenda Item No. Agenda Date: October 11, 2011 Application: M- 2011 -03, M- 2011 -04, M- 2011 -05 Applicant: David Jamieson (Kimco Realty) Location: 10825 -10983 (APN: 316 -05 -050, 316 -05 -051, 316 -05 -052) APPLICATION SUMMARY Modification to a previously approved Use Permit (U- 2007 -06), Architectural and Site Approval (ASA - 2007-10), and Architectural and Site Approval (ASA- 2008 -04) for the purpose of extending the expiration date of the approvals three years beyond the one year extension previously granted through Extension Requests EXT- 2010 -01, EXT- 2010 -02, and EXT- 2010 -03. RECOMMENDATION Staff recommends that the Planning Commission recommend that the City Council approve the modification application of the following approvals to grant an extension to the expiration date to August 11, 2014, based on the attached Draft Resolution (See Attachment 1): 1. Use Permit (U- 2007 -06) 2. Architectural and Site Approval (ASA- 2007 -10) 3. Architectural and Site Approval (ASA- 2008 -04) BACKGROUND On April 15, 2008, the City Council approved a Use Permit and Architectural Site Approval (See Attachment 2, City Council Action Letter) to allow the development of two one -story retail buildings totaling 24,455 square feet and a two -level parking structure in an existing commercial shopping center (Cupertino Village Center), located at the southwest corner of Homestead Road and Wolfe Road. On August 7, 2008, the Design Review Committee approved an Architectural Site Approval (See Attachment 3, Design Review Action Letter) to finalize the overall site improvements and parking plans. On July 20, 2010, the City granted a one -year extension of the Use Permit and Architectural and Site Approvals to August 11, 2011 (See Attachment 4, Council Action Letter). The applicant requested the extension due to waning tenant interest and unstable economy. Given the continuing economic uncertainty, the applicant is now seeking to extend the expiration date of the project for an additional three years (to August 11, 2014) in order to facilitate the development once the economy improves (See Attachment 5 Applicant's Request Letter). The Planning Commission's recommendation on this extension request will be forwarded to the City Council for consideration. DISCUSSION Ordinance Requirements According to the Cupertino Municipal Code, development approvals contain an expiration period of two years from the date of the approval. The Ordinance permits one extension request (for a maximum 102 M- 2011 -03, M- 2011 -04, M- 2011 -05 10825 -10983 N. Wolfe Road October 11, 2011 of one year) approved administratively without a public hearing. Any subsequent extension request would require a formal modification approval by the original decision maker. Past Approvals The City has granted longer approval periods for larger or more complex projects that provide substantial community benefits. Recent examples include Tantau Retail, Results Way Office Project, Main Street, and Civic Park (Town Center). The public amenities that were offered by these projects include but not limited to frontage dedications to promote pedestrian/ bicycle safety, parks with public access, or additional contributions toward intersection improvements. In this case, should the City approve Kimco's three year extension request, combined with their original approval period and the past extension, the total approval period for the project would amount to six years (from August 2008 to August 2014). Project Benefits In requesting for an additional three years of approval period, the applicant is offering the following community benefits: Increase the monetary contribution towards the 'Welcome to Cupertino Sign Program' from $10,000 to $35,000; and Increase the amount dedicated to the improvements to the Homestead Rd. /Wolfe Rd. intersection from $75,000 to $85,000 shall be constructed no later than five (5) years from the date of this approval. Staff supports the applicant's request to extend the expiration date of the approvals to August 11, 2014 based upon the current economic conditions and the additional community benefit contribution for future public improvements. Aside from the increase in community benefits, minor changes to the original conditions of approval have been made to reduce repetitiveness and better categorize conditions under their respective departments. In addition, the conditions of approval reflect state - mandated requirements that are now applicable, regardless of when the initial entitlements were secured. Next Steps Following the Planning Commission's recommendation, this item will be scheduled for a public hearing to be considered and reviewed by the City Council. Prepared by Simon Vuong, Assistant Planner Reviewed by: Approved by: /s /Gary Chao /s /Aarti Shrivastava Gary Chao Aarti Shrivastava City Planner Community Development Director ATTACHMENTS Attachment 1 Draft Resolution Attachment 2 April 15, 2008 City Council Action Letter of original approval Attachment 3 August 7, 2008 Design Review Committee Letter of original approval Attachment 4 July 20, 2010 City Council Action Letter of one -year extension Attachment 5 Applicant's Request Letter Attachment 6 Approved Use Permit & Architectural Site Approval plans for reference Attachment 7 Approved Architectural Site Approval plans for reference 103 ATTACHMENT F CUPERTINO April 17, 2008 OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE - CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3223 • FAX: (408) 777 -3366 Kimco Realty Corporation Atta. Brian K. Replinger, Director of Development 3535 Factoria Blvd. SE, Suite 420 Bellevue, WA 98006 Re: Consider Application Nos: U- 2007 -06, ASA- 2007 -10 (EA- 2007 -08), Brian Replinger (Cupertino Village) Homestead Rd. & Wolfe Rd. APN: 316 -05 -050, 316 -05 -051, 316 -05- 052, 316 -05 -053, 316 -05 -056, 316 -05 -072, 316 -45 -017. (Continued from April 1): a) Adopt a negative declaration b) Use permit and architectural site approval to construct two one -story retail buildings totaling 24,455 square feet and a two -level parking structure Dear Mr. Replinger: At its April 15 meeting, the Cupertino City Council approved the project as recommended in the Planning Commission model resolution with additional conditions outlined in the staff report stipulated by Council at its April 1 meeting, and with following additional conditions: • The center shall provide at least 855 physical parking spaces on the ground (not including the extra stalls gained at the church) • The applicant shall work with staff to refine the final parking plan and obtain fire and Public Works department approval prior to issuance of building permits • With the concurrence of the church board, Kimco shall re -stripe the church parking lot to gain extra stalls for the church • Council reserves the right to require applicant/property owner to provide valet parking if needed • Save one big tree located at the southwest comer of the bank parcel and allow staff discretion to review the other minor trees • Provide a one -way right -turn only egress driveway immediately north of the Duke of . Edinburgh along the Wolfe Road shopping center frontage 104 U- 2007 -06 April 17; 208,-. The Use Permit conditions are as follows: N SECTION III: CONDITIONS ADMINISTERED BY THE CONDAUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The approval is based on Exhibits submitted by MCG titled: "Cupertino Village" consisting of 25 pages, except as may be amended by the Conditions contained in this Resolution. 2. DEVELOPMENT APPROVAL Approval is granted to construct two one -story retail building totaling 24,455 square feet and a two level parking structure. 3. CONSTRUCTION MANGEMENT PLAN A construction management plan shall be provided to include but not limited to the following measures: ❖ Construction schedule /duration/noise abat=. ent. ❖ Interim offsite employee/contractor parking. •'• Truck routes. ❖ Onsite construction/traffic signage. ❖ Best management practices. •'• Dust control. ❖ Specific tree protection measures. ❖ No construction parking or traffic. shall occur on the residential streets to the west. ❖ A hotline shall be established during the construction period for the adjacent residents to report any violations or concerns. The hotline information shall be posted on the property owner's website and at appropriate locations at the construction site. Said plan shall be reviewed by the Director of Community Development prior to issuance of building permits. 4. NOISE ABATEMENT The final garage plan shall be reviewed by the project noise consultant (Illingworth and Rodkin) to ensure that all of the recommendations outlined by the noise report dated November 8, 2007 are sufficiently addressed. This includes but not limited to the required noise attenuation properties of the garage Perimeter wall (ground level and second level) along Linnet Lane. 5. ODOR ABATEMENT All new restaurants shall install odor filtration system. Odor filtration plan shall be reviewed and approved by the City prior to issuance of any building permits. 6. LANDSCAPE MAINTENANCE BOND A landscaping bond naming the City as beneficiary in the amount of $100,000 shall be provided to the City prior to issuance of any building permits. Said bond shall ensure that the approved landscaping enhancements associated with the project are going to be carried out and properly maintained. The bond shall be released five years from the final occupancy 105 U- 2007 -06 April 17, 2008 approval of the proposed new buildings with a letter from the City Consulting Arborist confirming that all of the landscaping features are in good standing. 7. DETAILED LANDSCAPE MAINTENANCE PLAN A detailed landscaping maintenance plan be submitted to the City for review and approval prior to issuance of building permits. Said plan shall include details on the irrigation system and the routing schedule of maintenance and the upkeep of the landscaping area along east side of Linnet Lane. 8. TRASH ENCLSURE SIZE AND LOCATION The applicant shall work with a consultant to evaluate the refuse and recycling needs of the center and develop a permanent refuse /recycling improvement plan (including but not limited to provide newly updated versions of trash compactors /enclosures, any necessary grease filtration system upgrades, any necessary sewage facility upgrades and more efficient refuse pick -up schedule). Said plan shall be submitted to the City for review and approval prior to issuance of building permits. Any new trash facility shall be located away from the residential neighborhood as far as possible..- 9. SUS SHELTERS There are currently two bus stops along Wolfe Road. One of the bus stops is located near the intersection of Homestead and Wolfe. This bus stop will be relocated to the south of the entrance drive in front of Starbucks Coffee in order to promote safer vehicular movement. The site plan already reflects this change. In addition, staff suggests that the project be required to design and build appropriate bus stop shelters at the two bus stops. The final bus shelter design and location shall be reviewed and approved by the Public Works Department to the Valley Transportation Authority's (VTA) specification. 10. RECONSTRUCTION OF SIDEWALK In order to prolong the life of the double row of Ash Trees along Wolfe Road and the street trees along Homestead Road, the existing perimeter sidewalk should be replaced with a new at -grade sidewalk to facilitate proper root growth and reduce future uplifting of the sidewalk. All monolithic sidewalks shall be replaced with detached sidewalk (except in situations where trees are in the way or special physical/functional constraints warrants special consideration by the Director of Community Development). Unused driveway curb cuts, unnecessary and unsafe curb features. or tree wells shall be eliminated. 11. CORNER PLAZA ENHANCEMENTS The project shall enhance the comer areas at the intersections of Pruneridge/Wolfe and Wolfe/Homestead. Said areas shall be enhanced with special paving material, appropriate landscaping and sidewalk features and potentially benches or art features as determined by the City in order to improve the pedestrian experience and overall aesthetic of the site. A detailed comer plaza enhancement plan shall be submitted for review and approval by the Design Review Committee prior to issuance of building permits. The proposed site plan already acknowledges the plaza. 12. ENHANCEMENTS TO THE INTERIOR CROSWALKS The applicant shall work with staff to determine areas within the existing shopping center (consistent with the recommendations from Fehr and Peers) that should be better delineated 1: U- 2007 -06 April 17, 2008 4 as special pedestrian walks or crossing areas. Such areas shall be enhanced with special semi - pervious paving materials and striping. Detailed plans shall be reviewed and approved by the Design Review Committee prior to issuance of building permits. 13. ENHANCEMENTS TO THE INTERIOR COURTYARDS The applicant shall work with staff to enhance and activate the existing courtyards with the following measures: ❖ New shading trees wherever possible. ❖ Enhancements to benches, sitting areas and lighting features. ❖ Enhancements to the interior plaza and gathering places (including but not limited to upgrades to special semi - pervious paving :material, trellis /arbor features, water features and outdoor seating areas). Detailed enhancement plan shall be reviewed and approved by the Design Review Committee. 14. DESIGN REVIEW COMMITTEE The Design Review Committee shall review and approve the final architecture and site plan of the project. 15. RAIN GARDEN The site drainage and roof drainage shall be directed to the rain gardens and/or similar pervious areas to the maximum extent possible. The final site and roof drainage plan shall be reviewed and approved by the Design Review Committee. 16. TRANSPORTATION DEMAND MANAGEMENT Provide a Transportation Demand Management Plan. Such plan shall be permanent and demonstrable and be linked to the leasing strategy (ie. tenant/use controls such as cap on restaurants and/or square footage limits). Said plan shall include but not be limited to incentives for employees carpool or take public transportation such as bus passes, monetary incentives, shuttle services for off -site parking, employee or restaurant valet services, preferential car pool parking etc. The final TDM plan shall be submitted to the Planning Department for review and approval prior to final occupancy approval. 17. PARKING SUPPLY The total percent of increase in the proposed parking capacity shall equal or be greater than the proposed percent of increase in building square footage. Physical measures shall include but not be limited to valet parking, offsite parking and/or other dense types of parking measures (including urban lifts) to meet the parking demand. The final revised parking plan shall be reviewed and approved by the Design Review Committee prior to issuance of building permits. Urban lifts shall require Planning Commission review and approval. 18. SCREEN WALL A minimum eight (8) foot tall wall shall be constructed along the northerly property line between the shopping center and the church property. In addition, a locked gate shall be provided at a mutually (between the shopping center and church) agreed location. The final wall and gate plan shall be reviewed and approved by the Design Review Committee. 107 U- 2007 -06 . April 17, 2008 5 19. HOMESTEAD DRIVEWAY The driveway along Homestead Road shall be limited to right -in and right -out only. Appropriate signage and driveway modification to implement the right -in and right -out movement shall be reviewed and approved by Director of Public Works prior to issuance of building permits. 20. NEIGHBORHOOD SIGN PROGRAM A sign program shall be provided to address appropriate neighborhood signs to inform and deter the public from parking in the residential streets. Said program shall be reviewed and approved by the City of Sunnyvale. 21. PEDESTRIAN GARAGE ACCESS The parking garage shall either include a second set of stair or an elevator. The parking structure shall be consistent with all pertinent Building and ADA Codes. 22. GARAGE ENTRANCE Consider widening the ground level garage entry at the north end (unless it will serve only as exiting). 23. SHADING TREES Plant additional shading trees and enhance the existing landscaping wherever possible throughout the entire center. 24. ARCH ENTRY ELEMENTS Repeat the arch element throughout all of the pedestrian entrances. 25. STUCCO WALL TOP DETAIL Details should be provided on how stucco wall to is finished off (avoid sheet metal cap flashing). 26. MULTI - LANGUAGE SIGNS Require clear multi - language signs at each of the pedestrian entrances along Linnet Lane, informing them not to park in the residential streets. Also, the installation of a multi - language sign to inform truckers of the delivery hours and rules shall be provided. Detailed signage plans shall be submitted to the City for review and approval prior to issuance of building permits. 27. DISCLOSURE OF CONDITIONS TO TENANTS Require that the conditions of approval (including the City's noise. ordinance) be made part of the lease agreements of all new tenants so they will be informed of the conditions and rules that will be enforced. 28. SECURITY CAMERAS Require security cameras to be installed at key delivery areas to assist in monitoring and enforcing delivery hours and noise violators. A detailed security camera plan shall be submitted for review and approval prior to issuance of building permits. 1: U- 2007 -06 April 17, 2008 6 29. SECURITY SERVICES Require the center to enhance patrol service so that they can monitor and prevent spill over parking into the neighborhood and the delivery activities. The center should also provide a hotline to the adjacent residents to report any code violation and unsafe activities. Said patrol service shall also monitor the trash facilities to ensure all tenants are using the facilities properly. A detailed security plan shall be submitted to the City for review and approval prior to issuance of building permits. 30. ONE YEAR REVIEW PERIOD Require a 1 -year review of the use permit from the time the two new buildings receive final occupancy. The Planning Commission may consider and require additional parking remedies (i.e., parking lifts, valet parking and/or other parking demand management measures) if deemed appropriate at the tin the review hearing. 31. SECURITY AND MAINTENANCE The required security and maintenance service shall apply to the shopping center property as well as along the exterior perimeter of the Linnet Lane garage wall and landscaping area. A detailed security and maintenance plan shall be provided to the City for review and approval prior to issuance of building permits. 32. GREEN BUILDING MEASURES The proposed retail buildings and the parking garage shall be LEED certified (26 pts. minimum). The applicant shall submit a detailed green building plan prepared by a consultant outlining the different green measures that will be incorporated into the project prior to issuance of building permits. Prior to final occupancy approval, confirmation shall be provided to the City that the project has been formally certified by LEED. 33. GARAGE CONSTRUCTION The garage shall be built first so that the additional parking stalls are available during the construction period of the two retail buildings. 34. MEDIAN AND SIDEWALK IMPROVEMENT PLAN The final median and sidewalk improvement plan, including but not limited to the sheltered left turn from Wolfe Road and the new sidewalk reconstruction along Wolfe and Homestead Roads, shall be submitted to the City for review and approval prior to commencement of the construction of the improvements. Said plan shall be prepared by a professional civil engineer and would require the peer review of the project traffic engineer. 35. SIGN APPROVAL No signs are approved as part of this project. A separate sign program approval shall be obtained from the Design Review Committee prior to any approval of new signs associated with the new construction. 36. ARBORIST REVIEW The final landscaping plan shall be reviewed by the City Arborist prior to issuance of building permits. The City Arborist shall also verify that the landscaping has been carried out in accordance to the approved landscaping plan and that all of the landscaping features 109 U- 2007 -06 April 17, 2008 7 are in good standing prior to the final release of occupancy for the two commercial buildings. 37. DEPARTMENT OSF TOXIC SUBTANCES CONTROL The property owner is required to satisfy allQf the requirements prescribed by the Department of Toxic Substances Control in regards to the clean up the former Cupertino Village Cleaner's site. 38. TRAFFIC SIGNAL MODIFICATION The applicant shall fund the traffic signal modification improvements at the Homestead/Wolfe intersection in an amount not to exceed $75,000, said amount shall be due as a deposit or reimbursement prior to final occupancy of the Cupertino Village development improvements. It is the City's intention that the traffic signal improvements be constructed as soon as feasible and no later than five years from the project approval. 39. FINAL PARKING PLAN APPROVAL Revised parking plan shall be reviewed and approved by the Planning and Fire Departments prior to issuance of building permits. 40. VALET SERVICE Valet service apply also to the parking peak times (Friday and Saturday noon and dinner times) in addition to the holiday seasons and the peak church usage times. Peak times should be tested by the professional traffic consultant to determine if the valet service is warranted after the completion of the project improvements. 41. HOMESTEAD ROAD DRIVEWAY The Homestead Road Driveway shall be designated as right turn in, right turn and sheltered left out only. The final driveway and median improvement plan shall be submitted to the City for review and approval prior to issuance of building permits. 42. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90 -day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90 -day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT. 43. OFF SITE IMPROVEMENTS Curbs and gutters, sidewalks, streetlights, street widening, curb ramps, striping and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 110 U- 2007 -06 April 17, 2008 44. TRAFFIC SIGNS Traffic control signs shall be placed,.a� locations specified by the City. 45. STREET TREES Street trees shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance No. 125. 46. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate. 47. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. * Pre and Post - development calculations must be provided to identify if storm drain facilities need to be constructed or renovated. 48. UNDERGROUND UTILITIES The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and: regulations of the City of Cupertino, and shall coordinate with affected utility providers for iristallation of underground utility devices. Ordinance No. 331 requires all overhead lines to be underground whether the lines are new or existing. The developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 49. IMPROVEMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for under grounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: a. Grading Permit Fee: $ 6% of On Site Improvement Costs or $ 2,163.00 minimum b. Checking and Inspection Fee: $ 5% of Off Site Improvement Costs or $ 2,304.00 minim c. Development Maintenance Deposit: $ 1,000.00 d. Storm Drainage Fee: $ 13,556.40 e. Power Cost: N/A f. Map Checking Fees: N /A' g. Park Fees: N/A Bonds (Required): a. On -Site Improvements Bond: 100% Performance Bond b. Off -Site Improvements Bond: 100% Performance Bond; 100% Labor/Material Bond 111 U- 2007 -06 April 17, 2008 0 -The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be modified at the time of recordation of a final map or issuance of a building permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule. ** Developer is required for one -year power c ast for streetlights 50. TRANSFORMERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. 51. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. 52. NPDES CONSTRUCTION GENERAL PERMIT The applicant must file for a NOI (Notice of Intent) and must prepare a Storm Water Pollution Prevention Plan with the State Water Resources Control Board. The city must obtain documentation that the process has been completed. For copies of the Construction General Permit, the NOI and additional permit information consult the state Water Resources Control Board web site at: httv:/www.swreb.ca.gov/storrnwtr/construction.html 53. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP) REQUIREMENTS Permanent Stormwater Quality BMPs Required In accordance with chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Code, all development and redevelopment projects shall include permanent BMPs in order to reduce the water quality impacts of stormwater runoff from the entire site for the life of the project. Stormwater Management Plan Required The applicant shall submit a Stormwater Management Plan for this project. The permanent storm water quality best management practices (BMPs) included in this plan shall be selected and designed in accordance with chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Code. BMP Agreements The applicant and the City shall enter into a recorded agreement and covenant running with the land for perpetual BMP maintenance by the property owners(s). In addition, the owner(s) and the City shall enter into a recorded easement agreement and covenant running with the land allowing City access at the site for BMP inspection. 54. MAINTENANCE AGREEMENT 112 U- 2007 -06 April 17, 2008 10 The applicant will be required to maintain all items, which are non- standardwithin the City's right of way. The applicant and the City must enter into a recorded agreement for this aforementioned work. 55. GARBAGE AND RECYCLING The applicant will be required to gain approval from the Environmental Programs Department prior to obtaining a building permit for the overall garbage and recycling of the subject development. Please use the following link towards the design of the garbage /recycling facilities: http:// www .cupertino.org_/downloads/Pdf/es Non Res Waste Guidelines A refuge truck access plan must be approved by the Environmental Programs Department. 56. TRAFFIC STUDY FOR POTENTIAL CUT- THROUGH TRAFFIC The applicant shall fund a study to examine potential cut through traffic resulting from the proposed development along Wolfe Road between Pruneridge Avenue and Homestead Road. The applicant shall pay for necessary traffic improvements to address this potential traffic impact. Work shall be coordinated with the Public Works Department. The Architectural and Site Approval conditions are as follows: SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 57. APPROVED EXHIBITS The approval is based on Exhibits submitted by MCG titled: "Cupertino Village" consisting of 25 pages, except as may be amended by the Conditions contained in this Resolution. 58. DEVELOPMENT APPROVAL Approval is granted to construct two one -story retail building totaling 24,455 square feet and a two level parking structure. 59. CONSTRUCTION MANGEMENT PLAN A construction management plan shall be provided to include but not limited to the following measures: ❖ Construction schedule /duration/noise abatement. ❖ Interim offsite employee /contractor parking. •'• Truck routes. ❖ Onsite construction/traffic signage. ❖ Best management practices. ❖ Dust control. ❖ Specific tree protection measures. ❖ No construction parking or traffic shall occur on the residential streets to the west. 113 U- 2007 -06 April 17, 2008 11 ❖ A hotline shall be established during the construction period for the adjacent residents to report any violations or concerns. The hotline information shall be posted on the property owner's website and at appropriate locations at the construction site. Said plan shall be reviewed by the Director of Community Development prior to issuance of building permits. 60. NOISE ABATEMENT The final garage plan shall be reviewed by the project noise consultant (Mingworth and Rodkin) to ensure that all of the recommendations outlined by the noise report dated November 8, 2007 are sufficiently addressed. This includes but not limited to the required noise attenuation properties of the garage perimeter wall (ground level and second level) along Linnet Lane. 61. ODOR ABATEMENT All new restaurants shall install odor filtration system. Odor filtration plan shall be reviewed and approved by the City prior to issuance of any building permits. 62. LANDSCAPE MAINTENANCE BOND A landscaping bond naming the City as beneficiary in the amount of $100,000 shall be provided to the City prior to issuance of any building permits. Said bond shall ensure that the approved landscaping enhancements associated with the project are going to be carried out and properly maintained. The bond shall be released five years from the final occupancy approval of the proposed new buildings with a letter from the City Consulting Arborist confirming that all of the landscaping features are in good standing. 63. DETAILED LANDSCAPE MAINTENANCE PLAN A detailed landscaping maintenance plan be submitted to the City for review and approval prior to issuance of building permits. Said plan shall include details on the irrigation system and the routing schedule of maintenance and the upkeep of the landscaping area along east side of Linnet Lane. 64. TRASH ENCLSURE SIZE AND LOCATION The applicant shall work with a consultant to evaluate the refuse and recycling needs of the center and develop a permanent refuse /recycling improvement plan (including but not limited to provide newly updated versions of trash compactors /enclosures, any necessary grease filtration system upgrades, any necessary sewage facility upgrades and more efficient refuse pick -up schedule). Said plan shall be submitted to the City for review and approval prior to issuance of building permits. Any new trash facility shall be located away from the residential neighborhood as far as possible. 65. BUS SHELTERS There are currently two bus stops along Wolfe Road. One of the bus stops is located near the intersection of Homestead and Wolfe. This bus stop will be relocated to the south of the entrance drive in front of Starbucks Coffee in order to promote safer vehicular movement. The site plan already reflects this change. In addition, staff suggests that the project be required to design and build appropriate bus stop shelters at the two bus stops. The final bus 114 U- 2007 -06 April 17, 2Q08 12 shelter design and location shall be reviewed and approved by the Public Works Department to the Valley Transportation Authority's (VTA) specification. 66. RECONSTRUCTION OF SIDEWALK In order to prolong the life of the double row of Ash Trees along Wolfe Road and the street trees along Homestead Road, the existing perimeter sidewalk should be replaced with a new at -grade sidewalk to facilitate proper root growth and reduce future uplifting of the sidewalk. All monolithic sidewalks shall be replaced with detached sidewalk (except in situations where trees are in the way or special physical/functional constraints warrants special consideration by the Director of Community Development). Unused driveway curb cuts, unnecessary and unsafe curb features or tree wells shall be eliminated. 67. CORNER PLAZA ENHANCEMENTS The project shall enhance the comer areas at the intersections of Pruneridge/Wolfe and Wolfe/Homestead. Said areas shall be enhanced with special paving material, appropriate landscaping and sidewalk features and potentially benches or art features as determined by the City in order to improve the pedestrian experience and overall aesthetic of the site. A detailed comer plaza enhancement plan shall be submitted for review and approval by the Design Review Committee prior to issuance of building permits. The proposed site plan already acknowledges the plaza. 68. ENHANCEMENTS TO THE INTERIOR CROSWALKS The applicant shall work with staff to determine areas within the existing shopping center (consistent with the recommendations from Fehr -and Peers) that should be better delineated as special pedestrian walks or crossing areas. Such areas shall be enhanced with special semi - pervious paving materials and striping. Deiafed plans shall be reviewed and approved by the Design Review Committee prior to issuance of building permits. 69. ENHANCEMENTS TO THE INTERIOR COURTYARDS The applicant shall work with staff to enhance and activate the existing courtyards with the following measures: ❖ New shading trees wherever possible. ❖ Enhancements to benches, sitting areas and lighting features. ❖ Enhancements to the interior plaza and gathering places (including but not limited to upgrades to special semi - pervious paving material, trellis /arbor features, water features and outdoor seating areas). Detailed enhancement plan shall be reviewed and approved by the Design Review Committee. 70. DESIGN REVIEW COMMITTEE The Design Review Committee shall review and approve the final architecture and site plan of the project. 71. RAIN GARDEN The site drainage and roof drainage shall be directed to the rain gardens and/or similar pervious areas to the maximum extent possible. The final site and roof drainage plan shall be reviewed and approved by the Design Review Committee. 115 U- 2007 -06 April 17, 2008 13 72. TRANSPORTATION DEMAND MANAGEMENT Provide a Transportation Demand Management Plan. Such plan shall be permanent and demonstrable and be linked to the leasing strategy (ie. tenant/use controls such as cap on restaurants and/or square footage limits). Said plan shall include but not be limited to incentives for employees carpool or take public transportation such as bus passes, monetary incentives, shuttle services for off -site parking, employee or restaurant valet services, preferential car pool parking etc. The final TDM plan shall be submitted to the Planning Department for review and approval prior to final occupancy approval. 73. PARK[NNG SUPPLY The total percent of increase in the proposed parking capacity shall equal or be greater than the proposed percent of increase in building square footage. Physical measures shall include but not be limited to valet parking, offsite parking and/or other dense types of parking measures (including urban lifts) to meet the parking demand. The final revised parking plan shall be reviewed and approved by the Design Review Committee prior to issuance of building permits. Urban lifts shall require Planning Commission review and approval. 74. SCREEN WALL A minimum eight (8) foot tall wall shall be constructed along the northerly property line between the shopping center and the church property. In addition, a locked gate shall be provided at a mutually (between the shopping center and church) agreed location. The final wall and gate plan shall be reviewed and approved by the Design Review Committee. 75. HOMESTEAD DRIVEWAY The driveway along Homestead Road shall be limited to right -in and right -out only. Appropriate signage and driveway modification to implement the right -in and right -out movement shall be reviewed and approved by Director of Public Works prior to issuance of building permits. 76. NEIGHBORHOOD SIGN PROGRAM A sign program shall be provided to address appropriate neighborhood signs to inform and deter the public from parking in the residential streets. Said program shall be reviewed and approved by the City of Sunnyvale. 77. PEDESTRIAN GARAGE ACCESS The parking garage shall either include a second set of stair or an elevator. The parking structure shall be consistent with all pertinent Building and ADA Codes. 78. GARAGE ENTRANCE Consider widening the ground level garage entry at the north end (unless it will serve only as exiting). 79. SHADING TREES Plant additional shading trees and enhance the existing landscaping wherever possible throughout the entire center. 80. ARCH ENTRY ELEMENTS Repeat the arch element throughout all of the pedestrian entrances. 116 U- 2007 -06 April 17, 2008 14 81. STUCCO WALL TOP DETAIL Details should be provided on how stucco wall top is finished off (avoid sheet metal cap flashing). 82. MULTI- LANGUAGE SIGNS Require clear multi - language signs at each of the pedestrian entrances along Linnet Lane, informing them not to park in the residential streets. Also, the installation of a multi - language sign to inform truckers of the delivery hours and rules shall be provided. Detailed signage plans shall be submitted to the City for review and approval prior to issuance of building permits. 83. DISCLOSURE OF CONDITIONS TO TENANTS Require that the conditions of approval (including the City's noise ordinance) be made part of the lease agreements of all new tenants so they will be informed of the conditions and rules that will be enforced. 84. SECURITY CAMERAS Require security cameras to be installed at.key delivery areas to assist in monitoring and enforcing delivery hours and noise violators:; A detailed security camera plan shall be submitted for review and approval prior to issuance of building permits. 85. SECURITY SERVICES Require the center to enhance patrol service so that they can monitor and prevent spill over parking into the neighborhood and the delivery activities. The center should also provide a hotline to the adjacent residents to report any code violation and unsafe activities. Said patrol service shall also monitor the-trash. facilities ;to ensure all tenants are using the facilities properly. A detailed security plan shall be submitted to the City for review and approval prior to issuance of building permits. 86. ONE YEAR REVIEW PERIOD Require a 1 -year review of the use permit from the time the two new buildings receive final occupancy. The Planning Commission may consider and require additional parking remedies (i.e., parking lifts, valet parking and/or other parking demand management measures) if deemed appropriate at the time of the review hearing. 87. SECURITY AND MAINTENANCE The required security and maintenance service shall apply to the shopping center property as well as along the exterior perimeter of the Linnet Lane garage wall and landscaping area. A detailed security and maintenance plan shall be provided to the City for review and approval prior to issuance of building permits. 88. GREEN BUILDING MEASURES The proposed retail buildings and the parking garage shall be LEED certified (26 pts. minimum). The applicant shall submit a detailed green building plan prepared by a consultant outlining the different green measures that will be incorporated into the project prior to issuance of building permits. Prior to final occupancy approval,. confirmation shall be provided to the City that the project has been formally certified by LEED. 117 U- 2007 -06 April 17, 2008 15 89. GARAGE CONSTRUCTION The garage shall be built first so that the additional parking stalls are available during the construction period of the two retail buildings. 90. MEDIAN AND SIDEWALK IMPROVEMENT PLAN The final median and sidewalk improvement plan, including but not limited to the sheltered left turn from Wolfe Road and the new sidewalk reconstruction along Wolfe and Homestead Roads, shall be submitted to the City for review and approval prior to commencement of the construction of the improvements. Said plan shall be prepared by a professional civil engineer and would require the peer review of the project traffic engineer. 91. SIGN APPROVAL No signs are approved as part of this project. A separate sign program approval shall be obtained from the Design Review Committee prior to any approval of new signs associated with the new construction. 92. ARBORIST REVIEW The final landscaping plan shall be reviewed by the City Arborist prior to issuance of building permits. The City Arborist shall also verify that the landscaping has been carried out in accordance to the approved landscaping plan and that all of the landscaping features are in good standing prior to the final release of occupancy for the two commercial buildings. 93. DEPARTMENT OSF TOXIC SUBTANCES CONTROL The property owner is required to satisfy all of the requirements prescribed by the Department of Toxic Substances Control in regards to the clean up the former Cupertino Village Cleaner's site. 94. TRAFFIC SIGNAL MODIFICATION The applicant shall fund the traffic signal modification improvements at the Homestead/Wolfe intersection in an amount not to exceed $75,000, said amount shall be due as a deposit or reimbursement prior to final occupancy of the Cupertino Village development improvements. It is the City's intention that the traffic signal improvements be constructed as soon as feasible and no later than five years from the project approval. 95. FINAL PARIENG PLAN APPROVAL Revised parking plan shall be reviewed and approved by the Planning and Fire Departments prior to issuance of building permits. 96. VALET SERVICE Valet service apply also to the parking peak times (Friday and Saturday noon and dinner times) in addition to the holiday seasons and the peak church usage times. Peak times should be tested by the professional traffic consultant to determine if the valet service is warranted after the completion of the project improvements. 118 U- 2007 -06 April 17, 2008 16 97. HOMESTEAD ROAD DRIVEWAY The Homestead Road Driveway shall be designated as right turn in, right turn and sheltered left out only. The final driveway and median improvement plan shall be submitted to the City for review and approval prior to issuance of building permits. 98. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and. a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90 -day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90 -day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT. 99. OFF SITE IMPROVEMENTS Curbs and gutters, sidewalks, streetlights, street widening, curb ramps, striping and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 100. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 101. STREET TREES Street trees shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance No. 125. 102. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate. 103. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. * Pre and Post - development calculations must be provided to identify if storm drain facilities need to be constructed or renovated. 104. UNDERGROUND UTELITIES The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. Ordinance No. 331 requires all overhead lines to be underground whether the lines are new or existing. The developer shall submit detailed plans showing utility underground 119 U- 2007 -06 April 17, 2008 17 provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 105. IMPROVEMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for under grounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: a. Grading Permit Fee: $ 6% of On Site Improvement Costs or $ 2,163.00 minimum - b. Checking and Inspection Fee: $ 5% of Off Site Improvement Costs or $ 2,304.00 minimum c. Development Maintenance Deposit: $ 1,000.00 d. Storm Drainage Fee: $ 13,556.40 e. Power Cost: N/A f. Map Checking Fees: N/A g. Park Fees: N/A Bonds (Required): c. On -Site Improvements Bond: 100% Performance Bond d. Off -Site Improvements Bond: 100% Performance Bond; 100% Labor/Material Bond -The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be modified at the time of recordation of a final map or issuance of a building permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule. ** Developer is required for one -year power cost for streetlights 106. TRANSFORMERS Electrical transformers, telephone vaults = similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. 107. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. 108. NPDES CONSTRUCTION GENERAL PERMIT The applicant must file for a NOI (Notice of Intent) and must prepare a Storm Water Pollution Prevention Plan with the State Water Resources Control Board. The city must obtain documentation that the process has been completed. For copies of the Construction General Permit, the NOI and additional permit information consult the state Water Resources Control Board web site at: http: /www.swrcb.ca. gov /stormwtr /construction.html 120 U- 2007 -06 April 17, 2008 18 109. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP) REQUIREMENTS Permanent Stormwater Quality BMPs Required In accordance with chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Code, all development and redevelopment projects shall include permanent BMPs in order to reduce the water quality impacts of stormwater runoff from the entire site for the life of the project. Stormwater Management Plan Required The applicant shall submit a Stormwater Management Plan for this project. The permanent storm water quality best management practices (BMPs) included in this plan shall be selected and designed in accordance with chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Code. BMP Agreements The applicant and the City shall enter into a recorded agreement and covenant running with the land for perpetual BMP maintenance by the property owners(s). In addition, the owner(s) and the City shall enter into a recorded easement agreement and covenant runnin with the land allowing City access at the site for BMP inspection. 110. MAINTENANCE AGREEMENT The applicant will be required to maintain all items, which are non - standard within the City's right of way. The applicant and the City must enter into a recorded agreement for this aforementioned work. 111. GARBAGE AND RECYCLING The applicant will be required to gain approval from the Environmental Programs Department prior to obtaining a building permit for the overall garbage and recycling of the subject development. Please use the following link towards the design of the garbage /recycling facilities: http:// www .cupertino.org/downloads/Pdf/es Non Res Waste Guidelines pdf A refuge truck access plan must be approved by the Environmental Programs Department. 112. TRAFFIC STUDY FOR POTENTIAL CUT - THROUGH TRAFFIC The applicant shall fund a study to examine potential cut through traffic resulting from the proposed development along Wolfe Road between Pruneridge Avenue and Homestead Road. The applicant shall pay for necessary traffic improvements to address this potential traffic impact. Work shall be coordinated with the Public Works Department. Please review conditions carefully. If you have any questions regarding the conditions of approval, please contact the Department of Community Development at 408 - 777 -3308 for clarification. Failure to incorporate conditions into your plan set will result in delays at the 121 U- 2007 -06 April 17, 2008 19 plan checking stage. If development conditions require tree preservations, do not clear the site until required tree protection devices are installed. The conditions of project approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d)(I), these conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90 -day approval period in which you may protest these fees, dedications, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90 -day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. Any interested person, including the applicant, prior to seeking judicial review of the city council's decision in this matter, must first file a petition for reconsideration with the city clerk within ten days after the council's decision. Any petition so filed must comply with municipal ordinance code §2.08.096. Sincerely: &u 0 Grace Schmidt Deputy City Clerk cc: Community Development 122 OFFICE OF THE CITY CLERK CUPERTINO CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3223 • FAX: (408) 777 -3366 To: Planning Department From: Grace Schmidt GS Subject: Consider Application Nos: U- 2007 -06, ASA- 2007 -10 (EA- 2007 -08), Brian Replinger ( Cupertino Village Homestead Rd. & Wolfe Rd. APN: 316 -05 -050, 316 -05 -051, 316 -05 -052, 316 -05 -053, 316 -05 -056, 316 -05 -072, 316 -45 -017: a) Adopt a negative declaration b) Use permit and architectural site approval to construct two one -story retail buildings totaling 24,455 square feet and a two -level parking structure Date: April 3, 2008 At its meeting of April 1 the City Council made the following action: CONTINUED TO APRIL 15 FOR PARKING ISSUE ONLY — EVERYTHING ELSE IS AS RECOMMENDED BY PC AND STAFF, WITH LEFT TURN ONLY EXIT ONTO HOMESTEAD AND AT LEAST 26 LEED POINTS, MAKING SURE SECURITY AND MAINTENANCE IS ON BOTH SIDES OF PARKING GARAGE 123 U- 2007 -06 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6511 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL TO A USE PERMIT TO CONSTRUCT TWO ONE - STORY RETAIL BUILDING TOTALING 24,455 SQUARE FEET AND A TWO LEVEL PARKING STRUCTURE AT THE CUPERTINO VILLAGE SHOPPING CENTER SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described in Section II of this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1) The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; and 2) The proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of the Conditional Use Permits Chapter of the Cupertino Municipal Code. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for a Use Permit is hereby approved, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and That the subconclusions upon which the findings and conditions specified in this resolution are based and contained in the public hearing record concerning Application No. U- 2007 -06 as set forth in the Minutes of the Planning Commission Meeting of March 11, 2008, and are incorporated by reference as though fully set forth herein. SECTION II: PROTECT DESCRIPTION Application No.: U- 2007 -06 Applicant: Brian Replinger (Kimco) Location: Homestead Road and Wolfe Road 124 Resolution No. 6511 U- 2007 -06 March 11, 2008 Page 2 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The approval is based on Exhibits submitted by MCG titled: "Cupertino Village" consisting of 25 pages, except as may be amended by the Conditions contained' in this Resolution. 2. DEVELOPMENT APPROVAL Approval is granted to construct two one -story retail building totaling 24,455 square feet and a two level parking structure. 3. CONSTRUCTION MANGEMENT PLAN A construction management plan shall be provided to include but not limited to the following measures: ❖ Construction schedule/ duration/ noise abatement. ❖ Interim offsite employee/ contractor parking. ••• Truck routes. ❖ Onsite construction/ traffic signage. ❖ Best management practices. •'• Dust control. ❖ Specific tree protection measures. ❖ No construction parking or traffic shall occur on the residential streets to the west. ❖ A hotline shall be established during the construction period for the adjacent residents to report any violations or concerns. The hotline information shall be posted on the property owner's website and at appropriate locations at the construction site. Said plan shall be reviewed by the Director of Community Development prior to issuance of building permits. 4. NOISE ABATEMENT The final garage plan shall be reviewed by the project noise consultant (Illingworth and Rodkin) to ensure that all of the recommendations outlined by the noise report dated November 8, 2007 are sufficiently addressed. This includes but not limited to the required noise attenuation properties of the garage perimeter wall (ground level and second level) along Linnet Lane. 5. ODOR ABATEMENT All new restaurants shall install odor filtration system. Odor filtration plan shall be reviewed and approved by the City prior to issuance of any building permits. 125 Resolution No. 6511 U- 2007 -06 March 11, 2008 Page 3 6. LANDSCAPE MAINTENANCE BOND A landscaping bond naming the City as beneficiary in the amount of $100,000 shall be provided to the City prior to issuance of any building permits. Said bond shall ensure that the approved landscaping enhancements associated with the project are going to be carried out and properly maintained. The bond shall be released five years from the final occupancy approval of the proposed new buildings with a letter from the City Consulting Arborist confirming that all of the landscaping features are in good standing. 7. DETAILED LANDSCAPE MAINTENANCE PLAN A detailed landscaping maintenance plan be submitted to the City for review and approval prior to issuance of building permits. Said plan shall include details on the irrigation system and the routing schedule of maintenance and the upkeep of the landscaping area along east side of Linnet Lane. 8. TRASH ENCLSURE SIZE AND LOCATION The applicant shall work with a consultant to evaluate the refuse and recycling needs of the center and develop a permanent refuse/ recycling improvement plan (including but not limited to provide newly updated versions of trash compactors/ enclosures, any necessary grease filtration system upgrades, any necessary sewage facility upgrades and more efficient refuse pick -up schedule). Said plan shall be submitted to the City for review and approval prior to issuance of building permits. Any new trash facility shall be located away from the residential neighborhood as far as possible. 9. BUS SHELTERS There are currently two bus stops along Wolfe Road. One of the bus stops is located near the intersection of Homestead and Wolfe. This bus stop will be relocated to the south of the entrance drive in front of Starbucks Coffee in order to promote safer vehicular movement. The site plan already reflects this change. In addition, staff suggests that the project be required to design and build appropriate bus stop shelters at the two bus stops. The final bus shelter design and location shall be reviewed and approved by the Public Works Department to the Valley Transportation Authority's (VTA) specification. 10. RECONSTRUCTION OF SIDEWALK In order to prolong the life of the double row of Ash Trees along Wolfe Road and the street trees along Homestead Road, the existing perimeter sidewalk should be replaced with a new at -grade sidewalk to facilitate proper root growth and reduce future uplifting of the sidewalk. All monolithic sidewalks shall be replaced with detached sidewalk (except in situations where trees are in the way or special physical/ functional constraints warrants special consideration by the Director of Community Development). Unused driveway curb cuts, unnecessary and unsafe curb features or tree wells shall be eliminated. 126 Resolution No. 6511 U- 2007 -06 March 11, 2008 Page 4 11. CORNER PLAZA ENHANCEMENTS The project shall enhance the corner areas at the intersections of Pruneridge /Wolfe and Wolfe /Homestead. Said areas shall be enhanced with special paving material, appropriate landscaping and sidewalk features and potentially benches or art features as determined by the City in order to improve the pedestrian experience and overall aesthetic of the site. A detailed corner plaza enhancement plan shall be submitted for review and approval by the Design Review Committee prior to issuance of building permits. The proposed site plan already acknowledges the plaza. 12. ENHANCEMENTS TO THE INTERIOR CROSWALKS The applicant shall work with staff to determine areas within the existing shopping center (consistent with the recommendations from Fehr and Peers) that should be better delineated as special pedestrian walks or crossing areas. Such areas shall be enhanced with special semi- pervious paving materials and striping. Detailed plans shall be reviewed and approved by the Design Review Committee prior to issuance of building permits. 13. ENHANCEMENTS TO THE INTERIOR COURTYARDS The applicant shall work with staff to enhance and activate the existing courtyards with the following measures: ❖ New shading trees wherever possible. ❖ Enhancements to benches, sitting areas and lighting features. ❖ Enhancements to the interior plaza and gathering places (including but not limited to upgrades to special semi- pervious paving material, trellis/ arbor features, water features and outdoor seating areas). Detailed enhancement plan shall be reviewed and approved by the Design Review Committee. 14. DESIGN REVIEW COMMITTEE The Design Review Committee shall review and approve the final architecture and site plan of the project. 15. RAIN GARDEN The site drainage and roof drainage shall be directed to the rain gardens and /or similar pervious areas to the maximum extent possible. The final site and roof drainage plan shall be reviewed and approved by the Design Review Committee. 16. TRANSPORTATION DEMAND MANAGEMENT Provide a Transportation Demand Management Plan. Such plan shall be permanent and demonstrable and be linked to the leasing strategy (ie. tenant/ use controls such as cap on restaurants and /or square footage limits). Said plan shall include but not be limited to incentives for employees carpool or 127 Resolution No. 6511 U- 2007 -06 March 11, 2008 Page 5 take public transportation such as bus passes, monetary incentives, shuttle services for off -site parking, employee or restaurant valet services, preferential car pool parking etc. The final TDM plan shall be submitted to the Planning Department for review and approval prior to final occupancy approval. 17. PARKING SUPPLY The total percent of increase in the proposed parking capacity shall equal or be greater than the proposed percent of increase in building square footage. Physical measures shall include but not be limited to valet parking, offsite parking and/or other dense types of parking measures (including urban lifts) to meet the parking demand. The final revised parking plan shall be reviewed and approved by the Design Review Committee prior to issuance of building permits. Urban lifts shall require Planning Commission review and approval. 18. SCREEN WALL A minimum eight (8) foot tall wall shall be constructed along the northerly property line between the shopping center and the church property. In addition, a locked gate shall be provided at a mutually (between the shopping center and church) agreed location. The final wall and gate plan shall be reviewed and approved by the Design Review Committee. 19. HOMESTEAD DRIVEWAY The driveway along Homestead Road shall be limited to right -in and right -out only. Appropriate signage and driveway modification to implement the right -in and right -out movement shall be reviewed and approved by Director of Public Works prior to issuance of building permits. 20. NEIGHBORHOOD SIGN PROGRAM A sign program shall be provided to address appropriate neighborhood signs to inform and deter the public from parking in the residential streets. Said program shall be reviewed and approved by the City of Sunnyvale. 21. PEDESTRIAN GARAGE ACCESS The parking garage shall either include a second set of stair or an elevator. The parking structure shall be consistent with all pertinent Building and ADA Codes. 22. GARAGE ENTRANCE Consider widening the ground level garage entry at the north end (unless it will serve only as exiting). 23. SHADING TREES Plant additional shading trees and enhance the existing landscaping wherever possible throughout the entire center. 128 Resolution No. 6511 U- 2007 -06 March 11, 2008 Page 6 24. ARCH ENTRY ELEMENTS Repeat the arch element throughout all of the pedestrian entrances. 25. STUCCO WALL TOP DET. Details should be provided on how stucco wall top is finished off (avoid sheet metal cap flashing). 26. MULTI - LANGUAGE SIGNS Require clear multi - language signs at each of the pedestrian entrances along Linnet Lane, informing them not to park in the residential streets. Also, the installation of a multi - language sign to inform truckers of the delivery hours and rules shall be provided. Detailed signage plans shall be submitted to the City for review and approval prior to issuance of building permits. 27. DISCLOSURE OF CONDITIONS TO TENANTS Require that the conditions of approval (including the City's noise ordinance) be made part of the lease agreements of all new tenants so they will be informed of the conditions and rules that will be enforced. 28. SECURITY CAMERAS Require security cameras to be installed at key delivery areas to assist in monitoring and enforcing delivery hours and noise violators. A detailed security camera plan shall be submitted for review and approval prior to issuance of building permits. 29. SECURITY SERVICES Require the center to enhance patrol service so that they can monitor and prevent spill over parking into the neighborhood and the delivery activities. The center should also provide a hotline to the adjacent residents to report any code violation and unsafe activities. Said patrol service shall also monitor the trash facilities to ensure all tenants are using the facilities properly. A detailed security plan shall be submitted to the City for review and approval prior to issuance of building permits. 30. ONE YEAR REVIEW PERIOD Require a 1 -year review of the use permit from the time the two new buildings receive final occupancy. The Planning Commission may consider and require additional parking remedies (i.e., parking lifts, valet parking and /or other parking demand management measures) if deemed appropriate at the time of the review hearing. 31. SECURITY AND MAINTENANCE The required security and maintenance service shall apply to the shopping center property as well as along the exterior perimeter of the Linnet Lane garage wall 129 Resolution No. 6511 U- 2007 -06 March 11, 2008 Page 7 and landscaping area. A detailed security and maintenance plan shall be provided to the City for review and approval prior to issuance of building permits. 32. GREEN BUILDING MEASURES The proposed retail buildings and the parking garage shall be LEED certified (26 pts. minimum). The applicant shall submit a detailed green building plan prepared by a consultant outlining the different green measures that will be incorporated into the project prior to issuance of building permits. Prior to final occupancy approval, confirmation shall be provided to the City that the project has been formally certified by LEED. 33. GARAGE CONSTRUCTION The garage shall be built first so that the additional parking stalls are available during the construction period of the two retail buildings. 34. MEDIAN AND SIDEWALK IMPROVEMENT PLAN The final median and sidewalk improvement plan, including but not limited to the sheltered left turn from Wolfe Road and the new sidewalk reconstruction along Wolfe and Homestead Roads, shall be submitted to the City for review and approval prior to commencement of the construction of the improvements. Said plan shall be prepared by a professional civil engineer and would require the peer review of the project traffic engineer. 35. SIGN APPROVAL No signs are approved as part of this project. A separate sign program approval shall be obtained from the Design Review Committee prior to any approval of new signs associated with the new construction. 36. ARBORIST REVIEW The final landscaping plan shall be reviewed by the City Arborist prior to issuance of building permits. The City Arborist shall also verify that the landscaping has been carried out in accordance to the approved landscaping plan and that all of the landscaping features are in good standing prior to the final release of occupancy for the two commercial buildings. 37. DEPARTMENT OSF TOXIC SUBTANCES CONTRO The property owner is required to satisfy all of the requirements prescribed by the Department of Toxic Substances Control in regards to the clean up the former Cupertino Village Cleaner's site. 38. TRAFFIC SIGNAL MODIFICATION The applicant shall fund the traffic signal modification improvements at the Homestead/ Wolfe intersection in an amount not to exceed $75,000, said amount 130 Resolution No. 6511 U- 2007 -06 March 11, 2008 Page 8 shall be due as a deposit or reimbursement prior to final occupancy of the Cupertino Village development improvements. It is the City's intention that the traffic signal improvements be constructed as soon as feasible and no later than five years from the project approval. 39. FINAL PARKING PLAN APPROVAL Revised parking plan shall be reviewed and approved by the Planning and Fire Departments prior to issuance of building permits. 40. VALET SERVICE Valet service apply also to the parking peak times (Friday and Saturday noon and dinner times) in addition to the holiday seasons and the peak church usage times. Peak times should be tested by the professional traffic consultant to determine if the valet service is warranted after the completion of the project improvements. 41. HOMESTEAD ROAD DRIVEWAY The Homestead Road Driveway shall be designated as right turn in, right turn and sheltered left out only. The final driveway and median improvement plan shall be submitted to the City for review and approval prior to issuance of building permits. 42. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90 -day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90 -day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT. 43. OFF SITE IMPROVEMENTS Curbs and gutters, sidewalks, streetlights, street widening, curb ramps, striping and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 131 Resolution No. 6511 U- 2007 -06 March 11, 2008 Page 9 44. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 45. STREET TREES Street trees shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance No. 125. 46. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate. 47. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. * Pre and Post - development calculations must be provided to identify if storm drain facilities need to be constructed or renovated. 48. UNDERGROUND UTILITIES The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. Ordinance No. 331 requires all overhead lines to be underground whether the lines are new or existing. The developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 49. IMPROVEMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for under grounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: a. Grading Permit Fee: $ 6% of On Site Improvement Costs or $ 2,163.00 minimum b. Checking and Inspection Fee: $ 5% of Off Site Improvement Costs or $ 2,304.00 minimum c. Development Maintenance Deposit: $1,000.00 d. Storm Drainage Fee: $13,556.40 e. Power Cost: N/A f. Map Checking Fees: N/A g. Park Fees: N/A 132 Resolution No. 6511 U- 2007 -06 March 11, 2008 Page 10 Bonds (Required): a. On -Site Improvements Bond: 100% Performance Bond b. Off -Site Improvements Bond: 100% Performance Bond; 100% Labor /Material Bond -The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be modified at the time of recordation of a final map or issuance of a building permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule. ** Developer is required for one -year power cost for streetlights 50. TRANSFORMERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. 51. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. 52. NPDES CONSTRUCTION GENERAL PERMIT The applicant must file for a NOI (Notice of Intent) and must prepare a Storm Water Pollution Prevention Plan with the State Water Resources Control Board. The city must obtain documentation that the process has been completed. For copies of the Construction General Permit, the NOI and additional permit information consult the state Water Resources Control Board web site at: http:/www.swrcb-ca.gov/stormwtr/construction.html 53. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP) REQUIREMENTS Permanent Stormwater Quality BMPs Required In accordance with chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Code, all development and redevelopment projects shall include permanent BMPs in order to reduce the water quality impacts of stormwater runoff from the entire site for the life of the project. Stormwater Management Plan Required The applicant shall submit a Stormwater Management Plan for this project. The permanent storm water quality best management practices (BMPs) included in 133 Resolution No. 6511 U- 2007 -06 March 11, 2008 Page 11 this plan shall be selected and designed in accordance with chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Code. BMP Agreements The applicant and the City shall enter into a recorded agreement and covenant running with the land for perpetual BMP maintenance by the property owners(s). In addition, the owner(s) and the City shall enter into a recorded easement agreement and covenant running with the land allowing City access at the site for BMP inspection. 54. MAINTENANCE AGREEMENT The applicant will be required to maintain all items, which are non - standard within the City's right of way. The applicant and the City must enter into a recorded agreement for this aforementioned work. 55. GARBAGE AND RECYCLING The applicant will be required to gain approval from the Environmental Programs Department prior to obtaining a building permit for the overall garbage and recycling of the subject development. Please use the following link towards the design of the garbage/ recycling facilities: hft://www.cupertino.org/downloads/Pdf/es-Non Res Waste Guidelines.pdf A refuge truck access plan must be approved by the Environmental Programs Department. 56. TRAFFIC STUDY FOR POTENTIAL CUT - THROUGH TRAFFIC The applicant shall fund a study to examine potential cut through traffic resulting from the proposed development along Wolfe Road between Pruneridge Avenue and Homestead Road. The applicant shall pay for necessary traffic improvements to address this potential traffic impact. Work shall be coordinated with the Public Works Department. PASSED AND ADOPTED this 11th day of March 2008, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Chairperson Miller, Vice Chair Giefer, Rose, Kaneda NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: none 134 Resolution No. 6511 U- 2007 -06 Page 12 March 11, 2008 ATTEST: /s /Steve Piasecki Steve Piasecki Director of Community Development APPROVED: /s/Marty Miller Marty Miller, Chair Planning Commission 135 ATTACHMENT G 10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 777 -3308 FAX: (408) 777 -3333 COMMUNITY DEVELOPMENT August 11, 2008 Brian Replinger 3535 Factoria Blvd SE, #420 Bellevue, Wa. 98006 SUBJECT: DESIGN REVIEW COMMITTEE ACTION LETTER - Application ASA- 2008 -04 This letter confirms the decision of the Design Review Committee, given at the meeting of August 7, 2008; approving an Architectural and Site review application to finalize the architectural, site and landscaping plans for an approved Use Permit (U- 2007 -06), located at Homestead and Wolfe Roads, according to Resolution No. 279 Please be aware that if this permit is not used within two years, it shall expire on August 7, 2010. Also, please note that an appeal of this decision can be made within 14 calendar days from the date of this letter. If this happens, you will be notified of a public hearing, which will be scheduled before the City Council. Sincerely, (;P-� -�) (- G.C.. Gary C o A - � Senior Planner City of Cupertino Enclosures: Resolution No. 279 CC: Young Wong, MCG Architecture, 785 Market Street, San Francisco CA 94103 Printed on Q6,d Paper ASA- 2008 -04 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 279 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING AN ARCHITECTURAL AND SITE APPLICATION TO FINALIZE THE ARCHITECTURAL, SITE AND LANDSCAPING PLANS FOR AN APPROVED USE PERMIT (U- 2007 -06). SECTION I: PROTECT DESCRIPTION Application No.: ASA- 2008 -04 Applicant: Kimco Realty Location: Homestead and Wolfe Road, Cupertino Village SECTION II: FINDINGS WHEREAS, the Design Review Committee of the City of Cupertino received an application for an Architecture and Site, as described in this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Design Review Committee has held one or more public hearings on this matter; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1. The proposal, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare or convenience: 2. The proposal is consistent with the purposes of this chapter, the General Plan and zoning ordinance; NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application no. ASA- 2008 -04, is hereby approved; and That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the public hearing record concerning Application ASA- 2008 -04 as set forth in the Minutes of the Design Review Committee Meeting of August 7, 2008 are incorporated by reference herein. 137 Resolution No. 279 ASA- 2008 -04 August 7, 2008 Page 2 SECTION N D I I TER BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the plan set titled "Cupertino Village" dated 7/16/2008 as introduced to the Design Review Committee on August 7, 2008, except as may be amended by conditions in this resolution. 2. ADDITIONAL SHADING TREES The applicant shall work with City staff to add additional shading trees within the interior courtyard area where feasible. Revised landscaping plan shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 3. FOUNTAIN AND PLAZA ENHANCEMENTS The applicant shall work with City staff to enhance the existing water fountain located at the center of the interior courtyard and other areas that lacks landscaping and sitting appurtenances. Including but not limited to replacing the existing fountain with a more substantial one and/or redesign the existing plaza areas to include a more substantial public sitting area with enhanced shading trees, special paving materials, and outdoor furniture as determined to be appropriate by the Director of Community Development. The applicant shall also use native, draught tolerant and seasonal color plantings. 4. PEDESTRIAN CROSSWALK ENHANCEMENTS The final pedestrian crossing enhancement within the Ranch 99 parking lot shall be reviewed and approved by the City prior to issuance of building permits. Consider shifting the proposed crosswalk paving treatments and/or markings closer to the center of the parking lot. 5. FINAL PLAZA DESIG The final plaza details and design shall be approved by the Director of Community Development prior to final occupancy. 6. WELCOME TO CUPERTINO SI The applicant is required to either replace the existing dilapidated welcome to Cupertino sign located at the northeast corner of the project to the satisfaction of the Director of Public Works or provide a sign improvement contribution in the amount of $10,000 to the City prior to issuance of building permits. The City shall use the money to plan, design and build an appropriate welcome to Cupertino sign at the corner of Homestead Road and Wolfe Road. 7. SIDEWALK IMPROVEMENTS The detached sidewalk enhancements associated with the project along Wolfe Road and Homestead Road shall be at least six (6) feet in width. In the event if the six (6) foot walk presents negative impacts on the existing street trees as determined by 138 Resolution No. 279 ASA- 2008 -04 August 7, 2008 Page 3 the City Arborist, the sidewalk maybe reduced own to five feet in width. e final sidewalk enhancement plan shall be reviewed and approved by the City Arborist as well as the Director of Public Works Department prior to final occupancy of the project. 8. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90 -day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90 -day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. PASSED AND ADOPTED this 7th day of August 2008, at a Regular Meeting of the Design Review Committee of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Chairperson Giefer, Rose NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: none ATTEST: /s /Steve Piasecki Steve Piasecki, Director Community Development Department APPROVED: /s/Lisa Giefer Lisa Giefer, Chair Design Review Committee 139 ATTACHMENT H CUPERTINO July 23, 2010 Kimco Realty Attn. Mr. Curt Taylor 3535 Factoria Blvd, SE 4520 Bellevue, WA 98006 OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (4C 8) 777 -3223 • FAX: (408) 777 -3366 Re: Approve Extension Requests for a one year extension for the Use Permit (U- 2007 -06) and Architectural & Site Approval (ASA- 2007 -10) to construct two one -story retail buildings totaling 24,455 square feet and a one -level parking deck, Application Nos. EXT- 2010 -01, EXT - 2010 -02, and EXT- 2010 -03, Ci:rt Taylor (Cupertino Village LP), 10825 -10983 North Wolfe Road (Cupertino Village), APNs 316 -05 -050, 316 -05 -051, 316 -05 -052 Dear Mr. Taylor: At its July 20, 2010 meeting, the Cupertino City Council approved the one year extension requests as noted above. Any interested person, including the applicant, prior to seeking judicial review of the city council's decision in this matter, must first file a petition for reconsideration with the city clerk within ten days after the council's decision. Any petition so filed must comply with municipal ordinance code §2.08.096. Sincerely: Grace Schmidt Deputy City Clerk cc: Community Development 140 ATTACHMENT I 5KIMCO July 19, 2011 City of Cupertino 10300 Torre Avenue Cupertino, California 95014 RE: Modification to Use Permit /Architectural Site Approval for the Cupertino Village Shopping Center To Whom It May Concern: This letter is a request for a modification for an extension of (3) three years to Resolution No. 6511 the Use Permit (U- 2007 -06) and Architectural & Site Approval (ASA- 2007 -10 and ASA- 2008 -04) for the Redevelopment of Cupertino Village Shopping Center. The Approval consisting of the addition of (2) one story retail buildings totaling 24,455 square feet and the construction of a two level parking structure. The reason an extension is necessary is a result of the ongoing uncertainty within the economy, which has caused tenant's to remain cautious when evaluating their expansion plans. Although there are signs that the economy is improving, lending institutions are still reluctant to support national /local retailers, which continues to impact Kimco Realty Corporation's ability to pre -lease the proposed new development at Cupertino Village Shopping Center. In turn though, leasing activity within the existing Shopping Center and the surrounding Kimco portfolio is improving, which is an encouraging sign for future development. As a result, Kimco would like to extend the Use Permit and Architectural Site approvals as Kimco firmly believes that this proposed development will have a favorable outcome as the economy continues to improve. In exchange for the modification /extension request, Kimco is willing to work with the City of Cupertino to identify and incorporate into the proposed development additional community benefits that will enhance the overall quality of the proposed development within the local community. For this purpose, please find enclosed applications and associated fees to extend the Use Permit and Architectural Site Approval on this project for a three (3) year term. Thank you for your consideration of this request and we look forward to continue working with the City of Cupertino on this important project. Very Truly Yours, — Da am' son Director o sset Management Kimco Realty Corporation 75 Southgate Avenue Daly City, CA 94015 141 11c Kimco Realty Corporation ATTACHMENT J VILLAGE AprltOV Z, Lj - _l Signs ; .��•'S:uor 142 MARCH 11, 2008 PLAN COMMISSION MEETING SHEET INDEX COVER SHEET 1 SITE SURVEY 21 CONCEPTUAL GRADING PLAN 2.2 CONCEPTUAL GRADING PLAN 3A PROPOSED SITE PLAN 3B PARKING RE- STRIPING PLAN 4 TREE PLAN 5 BUILDING ELEVATIONS 61 BUILDING ELEVATIONS 7 BUILDING ELEVATIONS 8 SITE SECTIONS 9 SITE SECTIONS 10 ENLARGED PLAZA PLANS 11 SITE ELEMENTS 12 SCREENING DETAILS 13 ENLARGED ELEVATIONS /SECTIONS L1 LANDSCAPE CONCEPTS L2 PLANT LIST L3 LANDSCAPE ELEMENTS LEI LANDSCAPE SECTIONS L5 TREE REMOVAL PLAN L6 TREE REMOVAL NOTES E1 PHOTOMETRIC E2 LIGHTING CUT SHEETS VICIN17Y MAP Q� a . 7 PARGE_ ONE ash W PARCEL TRE PA RCEL A H (A FCPPCN 17F PA 4CRES G7 0— SURVEYOWS CERT.FICA7E I LLJ A �2 lX O 143 - - - - - - - - - - - - - - - - - - - - - - - - - - - - �'1A1t r ` Sl .we 1livangcr P AW R RETE 4E RS FOF FIRE ACGES 5 ; FIFE TRUCK A CE55 C FE. %0 REOESTPUl ENTRY PROPOS E XISTIN G 137,062 SF BLDG AREA 112,607 SF BLDG AREA 835 PARKING STALLS (6.1/1000) 591 PARKING STALLS (6.111000) 21 HC AND 814 REG. 36.564 SF PARKING DECK PAYE: MARCH 3- 2908 MCG JOB 06.tG2.01 DATE REVISION$ u g M1 ventr�o' n a.e Oh rwrt zntl ca.� Km ray �Ra. any ^�md ue � m 1� W F� HU4Ki J I LINNET LANE 11/x� ` Ix I f I f I I CAI�I IN U BBUILDING t } 3dof St ` < U fY ryy d r ` Q RJe 4lJ 77) W d co'RNER ANb NEW P1 -ATa �ygFR $�.^��iJCd TR €Es NE'N LRHTERHS - .. $F H(LEI].PAYRG AT " ENMAeiCE6'AbN6 A: ENtu['A:E9y P'AVH w f,Nir�S ENrNr lEfJ -'�O _. RE6LS:l1'Eb RT CORNCR s31c w �. € - i WOLFE ROAD SK*ft K —s sIn. - aw- 9 - CUPERTINO VILLAGE SITE PLAN CUPERTINO, CA SHEET 3A Scale V=50' 785 Market Street l z San Fr Caiif9mia 94 AI Kim ClO Re alty r 415 F 415974.1556' 0 25 SO' 700' Iff, Corporation mcgarchitecture.cmm 144 36,564 SF PARKING DECK +7 + I A5)9 - , 20a7 - /Q A P P R OV A plannipig Cj_m011:ds!:"' ,;2 - 5-00 ch), Covrcil_ +2 + +8 +1 +1 -5 145 CUPERTINO VILLAGE PARKING RE-STRIPING PLAN DATE: MARCH 3. 2008 USING 8'-6" x 18' STALL CUPERTINO, CA SHEET 3B MCC3 JOB C. 96.102.01 ❑ATF REIA234ON5 Scale : 1" 785 Market Street 1 . 0 25 scr cc Kinico Realt3..- San Francisco, California 9410$ -2016 T 415.974.5002 f 415.914]55 d MC G. CHR CTS 7 Corporation megarchitecture.com 145 (DO 14 r i 1 '. t 1 ID hi 1.y f f 71 1 DATE. MARCH 3. 20 A MCG JOB #- GCB 102 05 DATE RE)ASION6 f.t r� f I f . ti� J y. t �1 a ..........� i5.1. C1tp Caear,cll t#--1 � -0� M1tanager es "o �i y 1 f.+ w , CUPERTINO VILLAGE CUPERTINO, CA S HEET 4 Kmco Realty Corporation 146 LEGEND: (E) TREE TO R €MAJN e (E) TREE TO BE REMOVED (N) TREE (DO 14 r i 1 '. t 1 ID hi 1.y f f 71 1 DATE. MARCH 3. 20 A MCG JOB #- GCB 102 05 DATE RE)ASION6 f.t r� f I f . ti� J y. t �1 a ..........� i5.1. C1tp Caear,cll t#--1 � -0� M1tanager es "o �i y 1 f.+ w , CUPERTINO VILLAGE CUPERTINO, CA S HEET 4 Kmco Realty Corporation 146 x� V . t , _ j STZSRE`RONT .. ].--�j .•'Y�- W00051PING -" ! J 1 u +f _ 4 r PASSAGEWAY GREEN SCREEN LATTICE WITH YINES 125' EAST ELEVATION AT RETAIL A ALONG WOLFE ROAD 15' WCOC CETAwNrr r - - - -_ .L L - - - - - - J I__ — — — J . IL7 - {{`17 GREEN SCREEN LATTICE 139' 41��Y ?di✓ � yy rL � 4'".��. T7'� i1 V Y " Woof) SIDING t c _ HEIN PAINTED STuCGO ❑PROVE TRANSFORMER SCREEN WITH MOLOING DETAIL FABRIC AWNINGS iN000 SICING -� - — WOOD DETAILING 'N DOC SIDING -- - -- WOO6 CANOPY STUCCO OVERRANG Z. f it r ax 22 r _ s i p 21 r• - - �� ^ � - - - -� _ �— r - - — I F —�� —.� �u�. - -_, - ♦' _j rc � . S SAGE'NAv ! � �k L _ _ _ r i - 130' 15' 125' WEST ELEVATION AT RETAIL A 6 -00 f A PP,10 VA L u ago? - �.YY:a�r•� rrReRr C U P E RT I N G V I L LAG E �l�tF =� c� ��_,: t�1s� :,� 3 -..?6 -0 8 MARCN3.2 005 EXTERIOR ELEVATIONS CUPERTINO CA c9 --'� 4-l MCQ JOB #: 06 1 MGG .02 05 7 {DATE REVISIONS Scale: 3r32`=1'_0^ 3 5 Kirn �'� c f� o y' Realty Cu i��uiu_yur D 51 CG AFCH,TECY S . AI.LA]GHTS RESERVED COLpo Corporation N CTF= Th.e nfvrtnetton q mr�mpM1,N in reRVe dM ie s%,leti y � 1 dO1udOM11B penalnp Nlmx VarMmea, ane Gknr. Tenem, aM GWa,nn,ental Agenry yprwde. Na �delrs,tia6ayueleellead drry krltl aro 9'rvar� or Inpliotl by •1,e .4aWOa_ HEIN SOUTH ELEVATION AT RETAIL A NORTH ELEVATION AT RETAIL A FAIN-E0 STUCCO 4 1 • J FABRIC RWniING$- YYOOC SIDING - - - - -- - -VV000 CANOPY •- ., NORTH ELEVATION AT RETAIL A FAIN-E0 STUCCO FABRIC RWniING$- YYOOC SIDING - - - - -- - -VV000 CANOPY •- ., '0 - - 21'h WOOD DFTAILrNG s _,�� •i i , — — - i � 200• DATE: MARCH 3, 2005 MCG JOB #: 06 -10205 DATE REVISIONS 'P y[G ARCHITECTS 2MT ALL RGHTS FESEWED NGTE: R,N InlOimalIOO , —0--J in mWr0- and is wl le w aa4mcvnea Pr,aki9 n.a,.r wMmtlm one dent T--r. one C nn,enlal Agency aPP —le- NO gu— of am Nn a art girai a iMp�etl ar Ine Ar[TibcY NORTHEAST ELEVATION AT RETAIL B EXTERIOR ELEVATIONS CUPERTINO VILLAGE CUPERTINO, CA Scale: 3132" - 1' -0" IC Kirnco Realty Corporation �s A - 77.0-10- pl 5 L �J BEEF] PED EAST ELEVATION Scale: 3/32° = 1' -0" ROOF SCREEN - } -- - -- WOOD SIOING 'NITH VI N PARTIAL WEST ELEVATION AT LINNET LANE Scale: 3132" = 1' -0" .LIOLDING DETAIL - - -- QN $TUGGO'NnLL 1 -` V {000 POST pETaIL T _ r a EXTERIOR ELEVATIONS AUTO ENTRY RAMP WEST ELEVATION AT LINNET LANE Scale 1132° = 1' -0" DATE: MARCH 3, 2008 MCG J013 06.702 -05 DATE REVISIONS ,•y` MCG ARCMTECTS 2007 .4L FIGHrS RESEFNM NOTE' TM1IS InlPmtabn is cmmPtua' rn mane e — T mihlea m ¢quumr.,tla f.+a�9 h wpm- rNcWOn __' a— t Tenetq G ar�R O4ae1111lI1al� At7a , epp,p by NO'eena,tl ®or p,erp,11L7 el -d tl 3C 9rv4n r:rtplbd by e,e 4d�mCi I ... CUPERTINO VILLAGE CUPERTINO, CA Kimco Realty Corporation A r V TM A 1, L( - -' - tt?7ZO�g P1rfe ing Cc>:s.:r�ds�:d:r�a _✓� � / SiR :u: Case hllltlk;� SHEET 7 Ii L91 j ' -- ROOF SCREEN - r GREEN SCREEN '.VITH - . 'JINFC - - .r - - - r 22 65' SOUTH ELEVATION AT PARKING STRUCTURE/RETAIL B Scale: 3132" = V -4)" _ r � - l i J orrNj f I.. ... - -_• - .. -_ i -�-'- .. _ 11 _ r 1 - :i L PED EAST ELEVATION Scale: 3/32° = 1' -0" ROOF SCREEN - } -- - -- WOOD SIOING 'NITH VI N PARTIAL WEST ELEVATION AT LINNET LANE Scale: 3132" = 1' -0" .LIOLDING DETAIL - - -- QN $TUGGO'NnLL 1 -` V {000 POST pETaIL T _ r a EXTERIOR ELEVATIONS AUTO ENTRY RAMP WEST ELEVATION AT LINNET LANE Scale 1132° = 1' -0" DATE: MARCH 3, 2008 MCG J013 06.702 -05 DATE REVISIONS ,•y` MCG ARCMTECTS 2007 .4L FIGHrS RESEFNM NOTE' TM1IS InlPmtabn is cmmPtua' rn mane e — T mihlea m ¢quumr.,tla f.+a�9 h wpm- rNcWOn __' a— t Tenetq G ar�R O4ae1111lI1al� At7a , epp,p by NO'eena,tl ®or p,erp,11L7 el -d tl 3C 9rv4n r:rtplbd by e,e 4d�mCi I ... CUPERTINO VILLAGE CUPERTINO, CA Kimco Realty Corporation A r V TM A 1, L( - -' - tt?7ZO�g P1rfe ing Cc>:s.:r�ds�:d:r�a _✓� � / SiR :u: Case hllltlk;� SHEET 7 Ii L91 j ' -- ROOF SCREEN - r GREEN SCREEN '.VITH - . 'JINFC - - .r - - - r 22 A. SECTION LOOKING NORTH ALONG LINNET LANE 1954 -dopy io planning Sf +i n DATE: MARCH 3, 2008 MCG JOB #: 06.102.05 DATE REVISIONS ,�. NC G ARCr FECT5 3007 All RIGHT$ RE_SERV EG NCR '. TMs inlc�rnallon Is concWp W in nayae aM -s s1Ajm -m adN�nss yandrnq n..ma. ver:lfamn and ai.n�. ran.�n, ova pnr¢mmeniel �anC 3pp.wa No ararrerLe_s sr 9RaieMir_v of any NinC am given a i.rpllotl by y Na Arrfiaen. SITE SECTIONS Scale: t le" = 1' -O" _ . -� 0 w 6 16 CUPERTINO VILLAGE CUPERTINO, CA Kimeo Realty Corporation SHEET 8 ■M �v l3 bR.IV�'WR u �lt.�vJA p: YL- .PtiTCT �TF�P DATE: MARCH 3, 2006 MCG JOB dt: of, 102.05 DATE REVISIONS S NCG &ACAS ECTS 2007 ALL AIGWS AESER' D VOTE: Thtl Ild m lbnis wncePniy in nerve an¢I3 sub, n eQIY4�n� PentlF9lgMw vin W C]len[ T__L �tl L•iq.Plnm6111i3I P9e^�Y dPPmv91 �. No,eBlrerltles or 9gB1e1111le d� ary Fnd en" given a impfetl try Me Nd�FC _ "Rt !'mil LArrt'TIGt W i-'t} V Ll ltr--- � �p' S' GiF GVRB `- �7Lf�tiF1 lll�Il�. -- FAM-Y RE�tGE2Z7lfcl C. SECTION LOOKING WEST AT MULTI —STORY RESIDENTIAL SITE SECTIONS CUPERTINO VILLAGE CUPERTINO, CA y sfI - Poly 7 I f,? ,- LGVAI, �c:1 !7 Ste? Pl.aeo� � � ^R y� �aocz se � 9,rr�+:bcr s ' z . (= 7,tS - iT TYo UGC r- "Rt !'mil LArrt'TIGt W i-'t} V Ll ltr--- � �p' S' GiF GVRB `- �7Lf�tiF1 lll�Il�. -- FAM-Y RE�tGE2Z7lfcl C. SECTION LOOKING WEST AT MULTI —STORY RESIDENTIAL SITE SECTIONS CUPERTINO VILLAGE CUPERTINO, CA SHEET 9 Scale : 1/8' = 1' -0" � 0 1 4� s, IC Kimco Realty Corporation 151 y sfI - Poly 7 I f,? ,- LGVAI, �c:1 !7 se � 9,rr�+:bcr SHEET 9 Scale : 1/8' = 1' -0" � 0 1 4� s, IC Kimco Realty Corporation 151 rm 4 .c, I � WOLFE ROAD PROPOSED RETAIL t _2 WOLFE ROAD DATE MARCH 3. 2008 PACG JOB 06,102 05 DATE REVISIONS KEY PLAN E XI STING SUI NG IF _j El PLAN PLAZA AREA WOLFE ROAD EXISTING BUILDING 18 387 SF _J? KEY PLAN ASM --'_kZ7 -10 APPROVAL Ll - .�vc 7 - ob Planning Ceffrarisshms 5-.2S t..x cify colwe"I CUPERTINO VILLAGE 1 7 ENLARGED PLAZA PLANS CUPERTINO, SHEET 10 CA Kimco Realty Corporation 152 PEDESTRIAN GATEWAY OPAQUE RPCE PAPER LANT -" Lo ?11T - M€fi AL COLUMN , WITH TRIM -- - X11 ■slrs r r �� r a!a_► r111a .Itt1r J J Jy+'7 ^°.. :dl FSI�Yl11 "'_ woo: illfl.r. r � lil A�� - ilL -., 711..1P..1.1 tit 7.S'?'" °9 r7� . s .11�, 1111.�Palii>l�1P'1 I �" 7a7._ Asir y l w V ME 2�1�5 A 1 PEDESTRIAN GATEWAY JqG4-02907 /0 APPROVAL LL a !'] - O! v Planning Consirelsskm J -aE; — e g chi covnell 4 P... A DATE: MARCH 3. 2M8 MC+;a JO8 x: 06 sax as SITE ELEMENTS CUPERTINO VILLAGE CUPERTINO, CA S'TE KI- InII{;ar BATE REVISIONS METE: Tnw nb�amo� a ¢oncapn:ai m..an✓s ur¢ s AIeC. w aOfve�nerrH wndln0 h�nft2a HrrMau¢n Yd aML Tuu�tt, aTd C senmer�l TR�¢V JP�C ^i+.a13. MJ.we @GU'H'mm pl Ic Corporation Kimco Realty 153 OPAQUE RPCE PAPER LANT -" Lo ?11T - M€fi AL COLUMN , WITH TRIM PROPOSED ENTRY LANTERN JqG4-02907 /0 APPROVAL LL a !'] - O! v Planning Consirelsskm J -aE; — e g chi covnell 4 P... A DATE: MARCH 3. 2M8 MC+;a JO8 x: 06 sax as SITE ELEMENTS CUPERTINO VILLAGE CUPERTINO, CA S'TE KI- InII{;ar BATE REVISIONS METE: Tnw nb�amo� a ¢oncapn:ai m..an✓s ur¢ s AIeC. w aOfve�nerrH wndln0 h�nft2a HrrMau¢n Yd aML Tuu�tt, aTd C senmer�l TR�¢V JP�C ^i+.a13. MJ.we @GU'H'mm pl Ic Corporation Kimco Realty 153 W a Y ^W N AP PROVAL 4 C07 - 0d ArOk.t -N - :- Planning courfabstan Clip colanc11 u S1 C..c h7uaaugcS DATE: MARCH 3. 2008 MCG Joe #: 06 . 10205 DATE REVISIONS a G A, —CT MOTE: TM aibrmation a cancepnai as natire ana o wtµr. •a adP—t pe kW Tanana. ana C wn�nnm Agw�cy �faarai Na wanapaas ar pram— w afW ka+tl a'* 9rva� er Impala by Te +v[ivia<s SCREENING DETAILS CUPERTINO VILLAGE C'UPERTINO, CA I 4r i C _ p { ` {• � � - 1 - ►, _ �� r��', A SHEET 12 rV7 Kimco Fealty M1 Corporation 154 STAKni N r SrA6ti rnr=712r± ipzaF v � tl 10�G�irT4= -- 3LOG� Gi }s.�- r1 \ I r4t�lFt� �� + 6• ��t I] 9 a S a P- 7-1 F ` sue / Ti� f ,� I �� f 't WALL SECTION DATE: M MARCH 3. 2008 DATE R REVISIONS Cr aacHrrECrs SOT ALL RIGHTS FIGSSWM NCTE: TnW '�nl adtln 111 co II-I -n newia and is eu open m Irtnsnb P.—a M1arNa wf1lt9oWi eM delR Tee[ d Gwemmanol Agency apcmrels No Henantlw o� gwre.Ne a� diy Itlntl are grve. ar mplled by me �itvc ELEVATIONS & SECTIONS AT GARAGE WALL t1 _ ; GREEN SCREEN WALL PANEL I j INTERMEDIATE ACCENT PANEL STANV19& SPvN �V1trTAB'S N rartfo k]tmC»iT N 4x4- Wapt�'TK�LL]�GP�� S'I�C/o �tl- AS.Tt✓k4 - INriv� 3 �CPtL_ �1�N4t�9�bR4� Ncop - 7FV"4� tr'rTvmt , 4- 'I, o Ul3?cit_ � T-_ - _ r , IF t E1 7 l rA1NT?- A�F� C r_6K0 _wm VC664f- Wl LL &RtLL ANCD N —+ CUPERTINO VILLAGE CUPERTINO, CA scale: 1" = 56' !� Z a 25 5a 100 Kimco Realty D& Corporation ST4CL8 !°11 h4;:M '& it &Fr sC N kAP; {l�it✓� ?S M�fPsL �4sn --aco 7 -/ 0 1plannin +QB SHEET 13 5igna i11aunulm 155 o Ul3?cit_ � T-_ - _ r , IF t E1 7 l rA1NT?- A�F� C r_6K0 _wm VC664f- Wl LL &RtLL ANCD N —+ CUPERTINO VILLAGE CUPERTINO, CA scale: 1" = 56' !� Z a 25 5a 100 Kimco Realty D& Corporation ST4CL8 !°11 h4;:M '& it &Fr sC N kAP; {l�it✓� ?S M�fPsL �4sn --aco 7 -/ 0 1plannin +QB SHEET 13 5igna i11aunulm 155 rA1NT?- A�F� C r_6K0 _wm VC664f- Wl LL &RtLL ANCD N —+ CUPERTINO VILLAGE CUPERTINO, CA scale: 1" = 56' !� Z a 25 5a 100 Kimco Realty D& Corporation ST4CL8 !°11 h4;:M '& it &Fr sC N kAP; {l�it✓� ?S M�fPsL �4sn --aco 7 -/ 0 1plannin +QB SHEET 13 5igna i11aunulm 155 LINNET LANE , SECTiCN � I I f --- - - - - -- -- ---.` _ o RA wcs \�----- - - - - -- �ayr ar EXfSTING- S�SIL I C1] YER o- V, EXISTINrCrWPILDINCm I� tir�9w��* t�[ fi r► � — tI► I I �I ■ �A4,. ''A;+��y�� II I = I =NNI a �F /� JtFIA �'.ial�i furl �_+ 1�� _ _ "•� /� Il j �� l � ll, R N M I . - — j fifrl ��f► � ~�7�t� flil �i _ 7�_rJ MI . la► 1 ,ti + � .�r■ ,i �+. A�� »t - - - '� ' -.�/� s.I ■r-� - ti Eli ■c1 `* n oe o iii DAYS: MARCH 3, 2008 LAND SCAPE CONCEPT MCG JOB 4!' 013.10201 DATE REVISIONS Scale: I"= 40' Z 0 20 a0 e0 ® MC G AACmITECTS 2007 ALL RIGHTS RESERVE] NQTE: The inbma0art la CCmaptual in rtnr. antl a 9<,E;aG m :.tllrr�m,arys � ding hmhw ..nnc.do wd CIWI. rererx. arw Gmarrmprpl ryjer,ry spprnlwb. Nn rwrrenaa nr guars,asa er y,y Vim] ara 9h1ln 9r mplletl Oy >t,e Ar�YGPCY. it i L-� — e Ex4fT T1�E � ' eon rotl+cE . col.cR �,rwnr.I� WOLRE FROAp a - aNDBLAST O r1nhrj / - - ArP�zr:V,�r. Gt�op7 -p�, CUPERTINO VILLAGE fm��°� °�� CUPERTINO CA �r�p� "� , „ :r:rlss�n:t�a �� SHEET L1 � fh,t 785 Madmt Street San rancism Califamia 94103 -2016 IKK Kirnco Realty 4 4.6002 (F) 415.974.1556 Corporation S igna megarchitedm.com Case Alanamar im GATES s .+s eo elAres PLANT L 15T s LI La gerstoemia I. 'Tuscarora' G rape ^lyrue 15 Gallon As Shover LC Lophoste on Co^fertw Br :'.bane Eox 15 Gallon Aa Showr ll -JR Fie'.let.ca rra phiop+ - avail Swamp PaperbaNc IS Gallon As Shover t aleua quingenervla Cajeput Tree 15 Gallon 4a 51-owr PG Plstacla Ghinersls Chlreee PlStacne 15 Gallon As Show, PA Pld =dnw A. 'Golumbla' London -.are Tree 15 talon A. 3npwr 55 5equo!a 5e'rtpervlri! '5ocuel coast Redwood IS ca lion As 5.-owr SHRUBS AD Arctostaphylos '14owaro PicMirn' hlchtlrn's manzanl :a 5 Gallon A. 51 Dv Olstsa veesta FortnTght LTIy 5 Galion As shown H5 ilsnerocarli5 so- Orange . Red Day LI[y 5 Gal - ,on Aa 5hown HM 1.Aeuoll mlUantha Palace Pµrpie' F urple ueuchs^a 5 Galan Aa 51-.own LT Lavatera t4-urlrglacd 'R.GSeus' Tree 1"'a l low 5 Gallon As Shover PT F'hormfum t. 'Duet' New Zealand Flax 5 Gallcn 45 Showr RI Rhaphlolepls I. 'Jack Evans Indian Hawthorn 5 Gallon As - -Alcw, L.F WcatrI'gla Frutfcosa coast Rcaema ry 5 Gallon As Show' GROUNDGOVER5 AN Arigozarnthas - iayb•r ds 'Bush Gold' 4 Bush Ra,seer Kangaroo Paw I Gallon AL ArctorapFulos uva -ursl 'Pohl Reyes' Bearberry 1 Gallon CT (7are- tumlcola Bsrkely Sedge I Gallon Ge Geranium sangulre— Grares bi I 1Ga11on is illrt sp. Rush 1 Gallon LA Lanprant'rus aurantfcum Ice °lare f Gallon LP L'monium Perez'l sea Lave de•- I Sa[ion TA Tracheicsoe .UM aalat :'cum Aslatic Jasm Me I Galion BO Bougainvillea 'Barbdra Karst' goµ9alrvfllea 15 Gall— As 51 DB Dlstfetfs bucclnatoria Blood -red Trumcet Y1ne B Gallon Aa 5hown 7 - /D AppRoVn4. Drs Mail courfalssimp APgSYrtl.a i3n��v. �'f Slalr c1i colincir PLA\r USA BLEAK DOLJN 55Cl TREES_ 5aquo'a aempe•virens '5OgLel Lophostemon co,Fertus Melal. —a qulrquoncrvla All plamung areas shall be tap - dressed wltn 3" layer cF Fir bark chlos I'z'InQ a maxlmµm slz= cF dlameter over Permatl polylnylene weed barr',er. 13. All street tree. to be Installeo °n accordarce wf'JT the standards and spsc:rlcauons of the Glty of C oertlro- 1.1. 4F tre9a wlt'lr 4' OF gdv[rg areas Shall nave deep root barriers Installed. Deep roof barn er Model No LM -74 -2_ C415 r334.149, 4 15_ All slopes greaser than 2.5:1 shall be covered wit' Jute rett'ne per the manuracturer's epsci f. cauena. Cverlap all edges a minimum of 2" and secure as requir =d wit' metal staples_ 16. All tress, shruns, Qroi- ndcovers and accent pla'tfnga shall ve maintained above 6' and below 3G - ' at all sight trlang!e iccation to allow v h1c1e view. STREET Tlq 5equola sempervlren. '5cauel Pontac chlnerals PQRK'NG FIELD TRE.5 Platanus a.'Galumbla' hie :zlsuca qulrqueneevla Piatacra rJ'Tlr¢n51s 79l AT Bt;ll D'NCs5 I"fE :d',eLLGd gUfrquenervld LdgestOemla i.'Tusadrord' Loprlo9lemOn GOnFcrtu9 P[9ta cis G'Inenal� 5GR3E,V_ 5� � Rhtaol I_ 'Jack Evans' Arctostapl los d.'Howard '1c11�nn' Lavatera trurfnglaca 'Poseu.' 5141`;UB5 4T STREET RttaaF,l o ?espis I.'Jack Evans' Arctostaph�lOS d.'Howard I tue.tringla Frutfcosa 5HRllE55 In PARKING- F FI Z2 UJs.trf'e[A Frutfcosa Dlete6 vagc_a uercroca sp. Pharmlum t. 'Duet' RUBS AT BUILDINGS 14emerocall'6 sp. F'hormlum t. 'rt,et' I- :euchera mien antha RFaahlolepls I. 'Jack Evans' GRGUNDCGVER5 AT ST'2EET Trachelospermum a5laticum 4rcto5tapitylo5 uva- ursr'Polnt Rcye. Lampranill 5 auranticus GRGUNDGGVERS IN PAR:Klli FIELD L�morlum perezl' F�m eroca Ills sp. GR0UN7)C0VER5 AT 3UILD'NG Limon um perezir Dietes vegeta Phcrmi um t.'Due;' Geranium sa.Suir —m Gate. WHIG" Hemerocallis sp_ RAIN GARD9l hfelaleuca rh001 Iha Juncus ap, Carex tum feels 5ea Lavender 1FLANTENn 1DtE5 coast Redwood rec. eve ?ror and rTtrogen stabi I zed Br slba me Bcx I. All work shall be performed b Cajeput Tree persons famllrar wl th plant - ng work and under the eupervls -cn or a qualified Sea Lavender olant?me Fcremar. Gcast Redwood 2. Plant mat —lal locat!ons shown are Chlnese Pistache dlagrammatic and may be subject to Cranes1a111 cinarge le the Fl eid by the Landscape Berka:ly 5Edge 4rchi tect. Day LTIy 3. r cas= of dlscrepdncl es, the plan sits ll Loncer Plane Tree Severn. Caj Tree Chlnese Plstad- 4. Plant IeeaLlone .Fall bs adjusted in the rieid as necessary to screen ut Cdj Tree vut not to block windows or Impeae Crape h4yrt is aGC _. Brrabare Box Chinese Pistda 5 The Lardscape 4,.hltect ^eserves the rleht to maid subatltuticm., add".tivrs and deletfers In tl`e planting scheme, as Indian +ld wthorn necessary whfle wol 15 In croeresa. l"1cF'irna I'ianzanito 41c ohange5 are to be dccompanleo Tree ttallaw by equl aojuStme't5 In th.e certrdct price I- ! when necessary. Indian 1 lawthcrn 6. The contractor fs to secure 411 vine5 to h1cmirina 114nzanita walls and columns with approved Coast Rosemary fasternera, aliowing rcr two (2) years growth. coast RO.e and r �_ 3rarchln rtel ht of trees shall be a A g Forcnl gl-t Lfly 6 ' - 0 ' minimum above flnian grade. Day Lily New ZCa la F a a. All trees In a Forma'. group planting e✓•la li be matcnimg Tm .IZe and Shape. Day Lfiy e. Landscape contractor shall hire an New Zealand Pia- accredTted .0115 analy5fs Firm to test Puro9e Heuchsra soil percolatlon rates and rurtrlenta and Indian Fla wthOrr ablde by reoommendatfr5 contained within For proper plant growth. Aslatic Jasmine 10 On era de plah'Tme ba ckFlil mix shat€ Bearbr r 5 c mnlst of 5C% imported topsoil, 50. Ice Planl native soil (whin no rocks larger than 2" d�dmeter ). All plamung areas shall be tap - dressed wltn 3" layer cF Fir bark chlos I'z'InQ a maxlmµm slz= cF dlameter over Permatl polylnylene weed barr',er. 13. All street tree. to be Installeo °n accordarce wf'JT the standards and spsc:rlcauons of the Glty of C oertlro- 1.1. 4F tre9a wlt'lr 4' OF gdv[rg areas Shall nave deep root barriers Installed. Deep roof barn er Model No LM -74 -2_ C415 r334.149, 4 15_ All slopes greaser than 2.5:1 shall be covered wit' Jute rett'ne per the manuracturer's epsci f. cauena. Cverlap all edges a minimum of 2" and secure as requir =d wit' metal staples_ 16. All tress, shruns, Qroi- ndcovers and accent pla'tfnga shall ve maintained above 6' and below 3G - ' at all sight trlang!e iccation to allow v h1c1e view. STREET Tlq 5equola sempervlren. '5cauel Pontac chlnerals PQRK'NG FIELD TRE.5 Platanus a.'Galumbla' hie :zlsuca qulrqueneevla Piatacra rJ'Tlr¢n51s 79l AT Bt;ll D'NCs5 I"fE :d',eLLGd gUfrquenervld LdgestOemla i.'Tusadrord' Loprlo9lemOn GOnFcrtu9 P[9ta cis G'Inenal� 5GR3E,V_ 5� � Rhtaol I_ 'Jack Evans' Arctostapl los d.'Howard '1c11�nn' Lavatera trurfnglaca 'Poseu.' 5141`;UB5 4T STREET RttaaF,l o ?espis I.'Jack Evans' Arctostaph�lOS d.'Howard I tue.tringla Frutfcosa 5HRllE55 In PARKING- F FI Z2 UJs.trf'e[A Frutfcosa Dlete6 vagc_a uercroca sp. Pharmlum t. 'Duet' RUBS AT BUILDINGS 14emerocall'6 sp. F'hormlum t. 'rt,et' I- :euchera mien antha RFaahlolepls I. 'Jack Evans' GRGUNDCGVER5 AT ST'2EET Trachelospermum a5laticum 4rcto5tapitylo5 uva- ursr'Polnt Rcye. Lampranill 5 auranticus GRGUNDGGVERS IN PAR:Klli FIELD L�morlum perezl' F�m eroca Ills sp. GR0UN7)C0VER5 AT 3UILD'NG Limon um perezir Dietes vegeta Phcrmi um t.'Due;' Geranium sa.Suir —m Gate. WHIG" Hemerocallis sp_ RAIN GARD9l hfelaleuca rh001 Iha Juncus ap, Carex tum feels 5ea Lavender 11. All o EI10de plartTng areas are to Day LTIy rec. eve ?ror and rTtrogen stabi I zed reOWOod soil condlt'oncr ac tits rate OF 6 cubic 6ards /1000 squar= Fmt, evenly tiled 6" deep into the sort to Sea Lavender r ;n ;eh grade. Fortnight LI - .y New Zealaro Flax Cranes1a111 Berka:ly 5Edge Day LTIy 5wdmla I °d perL�d ^ic Berk�ly Sedge 2 CUPERTINO VILLAGE DATE: MARCH 3. 2008 MCG JOB #: 06.102.01 DATE REVISIONS PLANT LIST CUPERTINO, CA SHEET L2 © LIGG ARC}1ITECTS 20 ALL RIGHTS RESERVED NOTE: Tb'i Mamlaben ii g Pl in -eturO Ind is su bled [o ser,smisrna pemmg rtrmer vemraepn am cnem Taw,[ e i wy m n d nl.l Pgan ap -d b e. w.rrentise or guauenun pt pny Hnd aze gk4n a impll¢d by she a .rcbilpn. N TS Z 0 25' 50' 100' , In Kirnelo Realty Clo 795 Madaat Street San Frmrisco, Calbrnia 94103 -2416 T 415.974.690 Z415.974.1555 mc{iarchi Icki e.cerrr 157 GA TES - d: A56O IATES LINNET LANE STREET SCAPE SCALE. 114" - F-0" 6RZNc Fmff�i - RAIN GARDEN SC&LE: 1/1 . V-0'. DATE MARCH 3. 2000 mcr, Joe 06 10201 DATE REVISIONS Q MCGARCHITE— 7 —rHls AESEFLvED vi nature anti '—fi— — Q—L T— Hd G.—W Agency Bppla— No wvrantlea W gw— 0 v — are 1j—. e, m'.— b y — —I-- CUPERTINO VILLAGE LANDSCAPE SECTIONS CUPERTINO, CA u C6 Vos�vcll SHEET L4 NTS z 0 25 50' 10(y rV7 Kimoo Realty U*a Corporation ArIE = 5 IL .XVE LOPE 785 Market StrW San Francisco, California 94103-2016 T 415.974.6002 T 415.974.1556 mcgmhbMrp-com =92 GATES 11, A55001ATE5 W TAE TO BE �"'OVED FO;R TAE SPECIE AND ='ALITY SEE . RS°0 I BY ACNE Tom= COhiPG�1 DA -ED AU-, 5T 28 2006, ART I - - - - LINNET L.NE -- - - e X fs } / cr }( - - ` - �[ X )d E I m -- Lux \ . EXI5 - ING- SCiLDINn i V l.---- - - - - -- � =>iIST_NG BUILDING I d , I, / � �I �I `'• � 1 4 ' l I �Q1 i•I EXISTINCs - /, BUILDINCt L - - - - - - - - - - - - - - - - 4 12r • r < I I � - -J I 'i i .EXISTING.,F_ ,ter, �• I:� -;:� _ - DATE. - MARCH 3. 2008 MCG JOB 06.102 -01 ❑ATE REVISIONS $;l MCG 4RCNfTECTG 201 PLLSiIG MS RESERVED MorE mia inkxmeaort .a �„moe�a� m „ak„a a,.c s a„gac m eGjaem�eraa Psrun9 kwNx .arRF�on ra C�Ix¢ Te:wx. and Cwanmen ml Ige. apmor K Na werra�es or quvankes of a.Y kind L g—. o mn _ M1' the ard, —. TREE REMOVAL PLAN EXI5 - IN1_'- 6UILD'NG r dIL A - I X, L_ � � 1 T C - o CUPERTINO VILLAGE CUPERTINO, CA Scale 1" = 40' ` 0 20 d0 80 LINX Kimoo Realty Corporation lli:]! =E ROAD l9 S#4 7 - /U APPRO _ UnP00 7- 0b planning NI sa 5: C'esc at,ir:,,t_c SHEET L5 785 Md' rkoL SWW U famla 94103 -2018 1 Z 415.974.1556 mcgarchkedum.cam I ■m GA TES £.'A TREE NO, SPECIES DB4-j CONDITION COMMENTS INCHES PERCENT 4RBORI67 55 C.INK!s0 II.4 65 HAS INCLUDED BAPJ- REMOVE SECONDARY TO- 56 Cs :NK-10 73 SO TREE_ LEANS AND I.S St:PF'QESSED 58 MCNTEREr PINE 14.8 40 TRLN!- OOZINCs. REMOVAL -wECOMENDED 59 A5H 19.0 60 TREE IS iN PENINSULA 60 A5H 20.6 SS UPLIFTING CURB, L!GLTEN, 61 ASH 26.1 5C DANA, -E TO CURB, CROTCH DECAY, 62 ASA 22.1 SO SLIGHT LEAN AND INCLUDED BARK le C-4NESE PISTAGHE 4.0 TO NEWLY PLANTED, fLEP THIN 15 CHINESE PISTAGHE 3,5 -0 NEWLY PLANTED, KEEP THIN 11 A514 26.x-' 55 1JEGC 57Rl-GTJRF, LIGHTEN OVER S 115 ASH 35.5 45 51GN:FiGANT INGLUDED BARK, fLEP THIN 19 A514 25.1 50 ROOT DAMAGE. WEAK 5TRLIGTL{RE COMMENTS GATES j THESE TREES MUST BE REhIOVED TO MAKE WAY FOR PROP05ED SUILaING A M05T ARE CURRENTLY LOCATED IN FUTURE LANE OF TRAP= =1C AND PARKING AREAS 7F;2,EE5 ARE IN THE WAY OF THE PROPOSED ENTRANCE ALONG WOLF" RD 107 GRAPE MYRTLE 2.5 TO NEWLY PLANTED 103 GRAPE MYRTLE 2.2. 10 NEWLY PLANTED TO BE REi10Y_D FOR A 5 CORNER DESIGN 104 GRAPE MYRTLE 3.0 lO NEWLY PLANTED AT W'OLFE RD 4 HOMESTEAD RD 105 GRAPE MYRTLE 2.0 TO NEWLY PLANTED 126 GRAB APPLE 4.1 15 HA5 AMPLE ROOM TO G -ROW TRIES ARE LOCATED IN THE PAF;KNG LOT Cr- 1 12 GRAB APPLE 2.A TO HAS Ar ROOM TO GROW RANCH 99 AND MUST BE REMOVED TO COMPLETE 126 NECTARINE 1.5 EST. 6C NEWLY PLANTED, HAS PEACH LEAF CURL THE ADJUSTMENT OF THE PARK NI- FLOW 129 NECTARINE 1.5 E5T. 60 NEWLT PLANTED, HA5 PEACH LEAF GUlri�- 149 150 151 152 153 154 155 156 151 158 159 160 161 162 LQGU'ST LOCUST GINKGO MONTERET PINE MONTEIZET FINE MONTEREY PINE LOCL57 LOCU57 LOCUST LOCUST LOCL57 MONTEREY PINE MONTEREY P`NE LOCUST 5.3 5.2 5.1 15.1 14.6 11.2, 19.2 5.2 t.b 5,1 4.2 5.8 11.6 24.5 5.3 65 65 50 50 60 55 65 65 65 6S 60 65 55 65 AMPLE C- RCMLING ROOM. T. AMPLE GROWING ROOM, THIN. NUISANCE FRUIT. TRUNK DECAY. SiGNIFIGANT SEQUOIA -ITCH MOTH lNFES- A7 .ON. PUS -iINCs CURB FORKS, GLRB. SEQUOIA PITCH MOTH 4 FEET FROM CURB 4 FEET FROM CURB 4 FEET FF OM CURB 4 FEET FR:7I'I CLRB 4 FEET =ROM CURD, BROKEN L MB LIGHTEN OVER PAVING. DROPP'NG PITCH ON CARS FOA;I AT cam', MOST GROWTH ON WIEST 51DE A FEET FROM CURB 163 1.OGLS7 5.2 60 IFRRICaATE � 165 - 1AWTHOgy 6. 50 LEANS AND 15 57RE55ED 166 GINKGO 4.1 60 POOR =OR LEANS 167 GINKG -O 3.7 50 SIGNIFICANT TR.N'1G DECAY 168 GIh:KG -O 1,0 65 MJL71PLE TOPS 169 GINKGO 5.3 63 TWO TO{• -5 11O GINKGO 6.5 60 LEANS, 4H5 BEEN TOPPED Ill GINKGO 5.2 60 LEANS, -A5 BEEN TOPPED 112 GINKC:O 1,0 60 LEANS HAS SE TOPPED 113 C.INKGO 5.8 55 LEANS, POOR FORM 114 GINKGO - .0 65 HA5 3 TOP5- 115 GINKGO 1.5 10 LEANS 116 GINKGO 6.2 60 LEANS, -AS WEAC FOR' I77 GINKL:O 6.O - O IRR!(aATE 118 TJLIP TREE 25 -1 1C UPLIFTING BR:GKS, P05S.BLE APHIS PROBLEM, LfCs -ITEN FOR WINTER 119 TJLiP TREE 20.3 65 3 TOPS L'1TH INCLUDED BAR-, THIN AND CABLE IN WINTER POSSIBLE APHIS PROBLEM 180 EVERGREEN FEAR - .T 50 ORAGICNG BRICK5, HAS 51GNIFICAN7 LEAF SPOT. GROWING AROLND SILPPORT PIPES. PRI_lDENT TO REMOVE 181 ASH 25.2 SO LPLIFTINr. CURB. F-A5 GIRDLING ROOT AND SIGNIFICANT ENGLUDED BAR-- INSTALL CABLE. 162 ASH 22.4 60 UPLIFTING- CURB. HAS TRUNK WOUND L'ITH DECAY. 183 ASH 25.1 60 LPLFFTING GUFI SURROUNDED BY PAVING, HAS INCUDED BAR" 184 A51- 22.6 55 , UPLIFTING CURB. CANOPY ALL 51PROUT5. I85 ASH 16.6 60 SURRODUNDED BY PAVING, RECENTLY PRJNED. 186 LOCUST 4.4 50 PLANTED TOO DEEP, ROOTS EXPOSED. H45 INCLUDED BAFiC I$1 LOCUST 4.1 SO PLAAiTEa TOO DEEP. ROOTS EXPOSED. HAS INCLUDED BA}RC NEAR SELLER NETE',Z 188 ASH 24.6 50 UPLIFTING: CURB. RECENTLY P `FU ED, HA5 INCLUDED SARI[ AND GIR'J"LING ROOTS. 189 ASI- 19.2 SO UPLIFTING CURB. RECENTLY FRd1NED, PA-5 INCLUDED BARK AND CANOPY 15 ALL 5PROUTS- ISO ASH 14.1 45 SIGNIFICANTLY STRESSED, VERY THIN CANOPY. PRUDENT TO REINOvE, Si A51-- 23.8 30 TOPS 5TU55E7-) OFF WITH MANY Si SPROUTS. SIGNIFICANT DiESAGC 12EMOvAL RECOMJIENDED. 192 ASH 23.6 50 RECENTLY PRLhED, SURROUNDED BY PAVING_ GIRDLING ROOTS AND INCLUDED BAFdC 193 ASH 23.9 60 NEWLY PRUNED, SURROJNDED BY PdvING, FU5H:NG CLRH, 194 ASH 18.5 60 RECENTLY PRUNED, SURROUNDED BY PAV!W -.. ROOT.C:ROLUING AROLND 5PRINKLER 195 ASH 16.1 60 RECENTLY PRUNED, 3 FEET FROM CURB. 196 ASH 19.1 65 R=ECENTLY PRUNED, 3 FEET FROM CURB. 191 ASH 14.0 40 LEANS, WITH ALL GROLlTH OVER ROAD. F'RJDENT TO REMOVE. 198 ASH 24.3 65 UPLIFT'NG CUR5, 4 TRUNKS AT 10'. THIN. THESE TREES MUST BE REMOVED TO MAKE WAY FOR THE PARKING ST AND THE NEW 6WALE/LAND5C4pE AXIS ALONG LINNET LANE THESE 7REE5 MUST 6E REMOVED FOR THE REPLANTING OF A LANDSCAPE SCREEN OF THE AFAR- TMEN75 BOARDERiNG THE 50LTH BOUNDARY LINE. TRJ=r DBH C;Q" .EhITS NGHES GATES 523 6 IN NEL LANE OF TRAVEL 524 18 NEAR EXI57iNr- BLILDING 540 4 NEEDS TO BE REMOVED FOR THE CREATION OF A N=_JU 541 4 LANDSCAPE SCREEN BORDERING EX':STINCs APTS. 343 6 IN DESIGNING A NEW GOHES�VE TRANSITION BETWEEN PROPOSED BL.ILDING B AND T-1E ExiSTING CLUSTER OF BJ`LDINGS THIS TREE MUST BE 4ZEMOVED 544 28 TREE5 TO BE REMOVED rOR THE CREATION OF A STRONG 545 IS NEW LANDSCAPE BORDER OF THE PARK'NG 5TRUCTL:Rr WITH 346 i2 ORAiNAGE SWALE 54 T 16 548 20 549 2 � 550 6 554 6 555 6 TRUNKS 6 551 6 TREE fREPL14GEr" ENT DES[C5N,4TION A -OTAL 0� a5 TREES TO 5E REMOVED. TI--E I.UIL_ E�)E REPLAOED AS FOLLOIJ15, Th+ESE TREES MUST BE REMOVED TO MAKE WAY FOR THE COHESIVE DESIGN OF THE PROPOSED BUILD ;' -. B 3,5 = 3�:; II BOX -�i = 24'' SOX CUPERTINO VILLAGE oATE: MARCH zoos 13 6 .1 02.0 TREE REMOVAL NOTES MC G .108 # . 0.1'. DATE REVISION$ m MCG ARCHITEC752'J07 ALL RIGHTS gESERVED NOTE. Trll5 lnr ntl C dd}a IdI I1K -I ft- In �OWrei -i5 T Sl,blocr d Amerui perltlinp It~ +erific�o� aYSrt T~. -d C em nfel A a . Q a - IN, N e, q wn,WSa of . k�.a are g- pr Impllea ey ma nrcna�h� CUPERTINO, GA Scale : 1" = 4CY � � z D 20 40 so imeo Realt corporation • a00 7- /0 APP.POVAL DAR SHEET L5 765 Marks S t id San Francisco, Caffornia 94103 -2016 T 415.974.6002 T 415.974,1536 w4whbMfe.cam `[" GATES 6 ASSOGIATE5 �� nn bo no nn no �n nn nu on no on n.n 'oa va as a� ?n oo ao ov as ao oN av "o.v 'v.d 'ov "dv va oo 'oo 0o vo 'aa o.v 00 0.0 oe bo ao ou oe bn nn �o ne o0 0., nn nn nn ,.o no �e 7.v "vA "ao by "ad oo }v vA 00 00 vo oA 00 0.o ea vo 00 av eo 00 ov ov vv vv ho 00 ou oo ao tv o0 00 �o o.o 'aa ov ac o.o ov bo b.v a.o o.o b.o o.o o.e oo bo o.0 00 0.o 0o ao 0o ao e.o oA e.o "o.d d.o o.o b,o o.o o.o b.v 'o.o 'ao oo b.o 'o.o oe as oo b.o % oo b.e 'av 'o.d vv ov vu vv vu bA ao 00 .v ao 0o vv vo vo "ou co ao ao 00 0o ao bn "aa o0 oa oo ho 'oo au oo a.o a.a 0.0 a0 Qc co Do as 00 a0 'aD a4 'co '0.3 'Do 0.0 o.G 'dA 'oa a.o 'o0 0.0 'o.o '..0 'Ga 0.0 OJ as a0 ee 'o, }o 'o 0 o 00 - a0 aG - Oa - ae d0 - 00 a0 - O.O - aa - a.a "].a - aa - ad bo to 'va ba 'av vo ov a by by 'Ta av uT nv o> >o ov vv o.> >o vn "ao av au o0 D. Go 00 0.0 oa bo oo oc oo 30 0.0 o 1 , v u.o o.v ao au as v.o as po 'oc 'o4 ao 00 00 ov av .0 vv F415 ,X'7-10 APPROVAL � ,22 7 _ — Otn , — k�1d►Ta:I+w sane�F, r Pdartatirng COF)tMb WE `r . . LSiC f7treer nu r LUMINAIRE SCHEDULE CUPERTINO VILLAGE a Leal U m � Dvaapbn F:le �umvnv LLF a L,TH[14V. Cl a �a A.ylt sPCHITE CTUPPL APE+- rnouRiEO CUroF' oRE I7s'xAr R o-t TK rwuOE iatooee.a taew a.5 ra . "�P FOLEMiN LLNIxaPE wrnt SPa3C DEFLECTOR IditZCnTeL P69TrgN Q tO MIXJNT � AiF TEFUCHT- purr TwIErAi HOUSING SP ECIRPA REFLECTOR SLIGHTLx d FFUSINp fSI YS ENL:ASUF�. LaECEIN anSf'HI.^� nL3z9eo :E6 emP ars Ee METN_H.LL�E STATISTIC$ ,wEIN�oECC + La r< ,art a.vrc N,A N.n i0fil CUPERTINO VILLAGE MARC CUPERTINO, CA SHEET El MCG JOB #: 06AC2.0 UPPER LEVEL PARKING DECK PHOTOMETRIC DATE REVISIONS 785 ilarld Sdset Scale : i " = 30r San Franaaca Uffemia 94103 -216 m 411974 -M T) 41LWC15M 0 16 3O' W. mcga dribs mcwn (D mco ARCHREC75 M37 A11 RIGHTS RESERVEO NOTE: iha information is �nr plual in naWre and Is eublect to ediueerra *� PaFa�v n..u.ar.er.eaoen a+n o�enl. Ter,tr,c sra GPr®nnwr Aq[nry ePPrGneb. NG ,aarrantee D! guelaPEE! OF arty Wrrtl are 4+ev or .m Piles bF !Iy Aeel+r[p- i0fil m 9ALOGRUMUP L.INP PIZ un_,aa_ illo OLMSW n4x: rvi0 v �o:Eel� u..m�owa r.Fo • r.i D .3 I Ow�F?o[Q vuw�mw ]nnH c a ue':TO.:ulwnr P[ G w�fsr JO�_ nFO T axoweo ��earww - - aa Zn, nyw 3wi� iii[ 9/C 51.4x mpin pp m PFi^' - tEAlt- o� '.' - ilNSll 7;2 9IClIS }[gGdI1T 6i rcw r]i�T it of E.m>• [aeu2 ❑arc 86cF� ❑ 47W lxr1O.T ®S aaC r juHOF: HFS= IX:Yxasn, �. �mL >a�n oHmA.r. o-= rnTna --I— e�111— p Fllr i +7T Wmai I1'a, Ww"Riiit 101 WrAl" UAW SCLR ES TPtl bo 35 F 7A. [UPC i Hal�irl�. _ orig rSnry] .FgdLa .ylmnum �ls,o[. n-r ee atlyoau�..nczv.+i,oe� 3 LEx_— RrelI empaea Qa¢ r an a..mn�m race. i EL6 * CAL - ae rvST Pc..a 13[fu. zl3e[. ere xGTH [L33] PP16Y. - fi H+Jh'' YA dU0'!12 Otllr d dFW �I rtdxM a r+nslE xc.t Parr RA•%ap�a u }r pMn�. 7E zf Q - - aa Zn, nyw 3wi� iii[ 9/C 51.4x mpin pp m PFi^' ASW1 '.' - Lb:otmo L� n METAL HALIDE 'x "" '- rl +i�mnlF'LrC 9 riaPC 4�- ,nmG.rL 9K r -� HIGH aRE558RE SpOIBM w,tro,r;Tar,�ax,rn aaC r juHOF: HFS= IX:Yxasn, - AEKIS mAFc o-n ORDERING INFORMATION L grLl 1 }�e_o0o I_A L/7ff".'V/,4 L/6HT/NG' FEATURES & SPECIFICATIONS I_A L/?'/fa/V/,rQ LIGfi�7 /Nlr ° FEATURES & SPECIFICATIONS _ry � - - - - A°r�. Waa.Mnarretl luminaiew ASW1 '.' - :.... METAL HALIDE 'x "" '- rl ' " HIGH aRE558RE SpOIBM ok - AEKIS ORDERING INFORMATION ASWI —.%FP TGp SE LP1 ASWI Iran P1T /.'_T ... r ll� 17 IL Sxee�.- ASWr- Ft -S -F --- ` �Oe.l •]`•: Onl.l•�... - -- )9 Sf1 .2co7 -/ 0 APPR O VAL — �o D - 0& �3x:R Cii "• Cut�;t—.CP nom. i�33�: Lrrt - a S -11ge - CUPERTINO VILLAGE DATE: MARCH 3. 2008 MCG JOB #: 06.102.01 DATE REVISIONS Q UCG AACI-xTEC 322] ALL RIGHTS RESERVE] NOTE'Th. --.n— -b—m etljretln�e.xe Pe.y..9 N�tNer vw {rahm entl Qienl. Tenenl. a.0 Gwexnm —g h Ague r i—H avast. Np nwrramiaa ar g.aranLLn of any Nintl a[e gen pr impNetl by aIe ArUitt T. UPPER LEVEL PARKING DECK CUT SHEETS Scale: NTS 0 CUPERTINO, CA SHEET E2 785 Mariam Sbw Sari Fmnchm California 94103 -2016 T 415.974AM M 415.974.1556 moprobbeftmo m WOO JNNET LANE i -J J Lu O p ti 3 r r CL - y T _ woLFE Roaa - as 3 dd mm mko 2901 QLLc Lu BLVD. r (976) 77'1 9513 51A7E 295 (4 16] n[ -L 5 qusmLLE, G 93561 rwr ?rira :y - N U H W Cn W . Cn U CUPERTINO VILLAGE WOLFE AND HOMESTEAD RD CUPERTINO, CA 14 — ..?CO 7 —/0 APPRC)VAI. tj:7�-�7 -ot A ft4k!wk. n„r:... Plaeofflug Cry :raerti� ar sra S — Og sl.a. rif co vixrr X15 —cog Signal, hoalwcur � IH 3Ttt rr- r le NOT FOR CO PRELIMINARY GRADING AND DRAINAGE C -2.1 i0osl IL ■ ■ ■ ■ Lli U-j ■ :L ■ cf) Lu Lu cf] ■ ui UNNET LANE 5I I 1 T �., � r � I J I I I ` (� - - -------- I- A T YVOLFE ROAD P. I mk 291 T (It Rrr F (916) 771-3%45 ttl F LLE, CA 45861 I uj 2 c; ,41 00 APPROVAL planoliffg Sign n l.hnl&r NOT FOR CONSTRUCTION CUPERTINO VILLAGE WOLFE AND HOMESTEAD RD. CUPERTINO, CA PRELIMINARY GRADING AND DRAINAGE C-2.2 111MIA SI FOR LEAS E F _ _ ►+l�rirr o r s4 - 4,246 Square Feat fo( Lease Here r Caf1:654-301 3422 g CanRaet h+ooserJ Fsauscarea+l+re r' ^,�,,7 ._. S \eltrime `I' the ICi f I 6<1 PROPOSED EXISTING ; 137,052 SF BLDG AREA 112,607 SF BLOC AREA 835 PARKING STALLS {6 1/1000% 712 PARKING STALLS PARKING STRUCTURE - i UPPER LEVEL 21 HC AND 814 REG. --_______________.___.____________________________.____________ ____-__,__.__.___- ___- __.____ -- PARKING STRUCTURE - RFTAII_ R 11 9- Meg arch iteeture �I eW4f -L- 411frum mb"SUx4AuF i— CA ShIWSMu " rs� APPROVAL DRCi Slartature A L TRASH ENCLOSURE SING. I � TRASH — ENCLOSUR F, ;alla Number HEIAILA I T ��I�Ir�l�l��lll� ,III ��F,�r��i�i�l�l r�rc7rrrrrrrr` SI DE ELEVATION 13 ,.,..�4� C FR+JNT ELENATIGJN 0 Q LLI o I PLAN r NORTH N FOR REFERENCE ONLY w z a 4 O w cv U) ci I= z Ir w w � CJ Klrnoo Realty Corporation Brian K. Replinger 3535 F -.W. Mw . M Sall• R2a 6�Il --A— fTdN {425 }.V9JSC! Fmc C�S1 4Sra611 t9E5%3N FE:11ElY gyerypa Nv. CMnIpS,:+ Qtle vg.ee.� uo.icHI� nwwmq MI M NOTM oe oe-oe 4.w AYE �9�41W ARCHITECTURAL SITE PLAN A -1.00 Al -. 4 4 SITE NN + �\ w z a 4 O w cv U) ci I= z Ir w w � CJ Klrnoo Realty Corporation Brian K. Replinger 3535 F -.W. Mw . M Sall• R2a 6�Il --A— fTdN {425 }.V9JSC! Fmc C�S1 4Sra611 t9E5%3N FE:11ElY gyerypa Nv. CMnIpS,:+ Qtle vg.ee.� uo.icHI� nwwmq MI M NOTM oe oe-oe 4.w AYE �9�41W ARCHITECTURAL SITE PLAN A -1.00 4D- m architecture 4tift4= +L4uming mm.w st.k F�..f g GIil0b�11 0 LLJ Z W (L cc Z Kimco Realty Corporation Brian K. Replinger 3555 F.0 €Mi+! BIM SE. $ W QO Fro Nw7 a 3aese oeadmu FEVI€v,� Obi11-0d rx,_ t�roaa, eaaa. r�„aw Ym.iov,Ia NO4ED !M tl�sUe FLOOR PLAN s++R. A/� A .01 ®Ynen raai.e;c ■ ith 1 S.9 2 1 1 I I 1 I4 I Y ^�- I - _ - - - -- f I I I I ---- - . - -. - -- ---- - - - - -- 1 E I >Y11�I Y d ti+ I w Y t AY16 _ _ _ IF 11 hl I II 1 1 Q 1 N SUITE Al SUITE A2 1 Y SUITE A3 1 Alo S.F. U I,,LXti e.F. $ 9;bf6B.F. I 11 1 SUITE A4 � tWius F. p � SUITE A5 II 7,6045.E OI 1 A SUITE k8 g Y,YwrS F. X� X II SUITE F ITEM 2;a9'Y S.F I aaz S.F. IKI b 1. V 't 9I ✓r � � u `� f(ff I � I � ryf I ii�� I I RgRgRq I p lu ry l l a �1 " N f C _ I 1 slv cAt ¢ rw�' I I ..s I. �.,• - - Y.,> .rte: FLOOR PLAN APPROVAL _ ASS — .2 . JI caficin Number f-�Et ��1��r�.a I Uato ase Manager 6 y r i 4D- m architecture 4tift4= +L4uming mm.w st.k F�..f g GIil0b�11 0 LLJ Z W (L cc Z Kimco Realty Corporation Brian K. Replinger 3555 F.0 €Mi+! BIM SE. $ W QO Fro Nw7 a 3aese oeadmu FEVI€v,� Obi11-0d rx,_ t�roaa, eaaa. r�„aw Ym.iov,Ia NO4ED !M tl�sUe FLOOR PLAN s++R. A/� A .01 ®Ynen raai.e;c ■ ith 11 iQ $ , P', S., B.. T g 7 6.9 z3.3 1.3 $ ' -l a •�! 1:3 E� 2.$ a^* ul mod' .mne - a49d 6 Toy 2¢ �- - - -' r -- - - - - - 4 r-- - ----i ❑ �❑ �� -� � !/ f / / f f i ! P f f I P / - 1 I / / i f f I I I / f I f f / P T e � F %. % 1 <! ! � �! ! °! f �/ % ❑� _ ❑ ZI ! r f ! I d f I' /♦ r d' 1 !♦ < r / / / ! ♦ t P I f I F. N M WEST EXTERIOR ELEVATION u,>r rn - k A _ 13 � A o o CI C3 C3' wff. fi.Ff. efF I S EM9 NORTH EXTERIOR ELEVATION : ..... 1,$ SOUTH EXTERIOR ELEVATION L(J ,.s. 3 4.1 5 y � ..r- 5.9 S &9 ,zx 6$tTG' 8 8.5 ,a z, 9 10 11 , -- - - - - - - � I I I I Y I f f r gad ` ♦ I I I T r 11 < EAST EXTERIOR ELEVATION 2 ❑ PP>< m�� SYMBOL: µ.,TB,.., F, „a,..0� - APPROVAL � �r c w, TT."�gw F-®bg wa+w, FOfMTG"iri m,erYaec Rea rNHT':atw ❑ eT r�9b �. ry A. {� Appll,cation NuIT�1�c �� H OfiFk'FeMGR'Ie�FF c �� J 1 w.♦ rne€rn oaT u [ eP ❑ �_@ .N„ DRC �. ❑i vP�€e rwuer:fwuriaTxrr, vwm ` Slonaturo j --. �'Y ...-� . �.�. _ -=arm •rFr,rq'./ KEY NOTES 21 - MATERIAL SCHEDULE q w. d, eg 3rchitceturC �L „sv,nn.o b.i'd1fc /bF Mf4T MYy8m FnoYnd8110SmW r�yr C ■Myelfr t D S I Cc IM J � W F Q W a- ft I �F(imeo Realty Cor,poratIon Brisn K. Rep €ingar %95 Fac 14 OW.. 9E, 9�d20 F+M1 w9FavYrt Fex ie281 /8//18 oESfaw Ner w ao-,eca NP. �PectlPtim Oelf Ld4 AS NOTED EXTERIOR ELEVATIONS .ti.■ (FINISHES) A-2.01 0 rrzaue aFeen>oom .0 168 i APPROVAL - ,20Q 7 - 04= D Rc Slgnalun��- -- -4-- ra �I 4%- M cg arch ices cu rc 6r Mm um M qlL mw ass saeea wrti a. ate, u araosmaa e..c t: w or o a Q ora Z N ❑- U y . LL1 6 z W = w w r.3 U � z ' Kfmco Realty Corporation Brian K. Rep[inger 95ss FeccaNe 9avn. SF; SUka a2a ealrevue.WAOd`.fl8 Phww (625) SrS3.5(ri Fu {625 65x a�sn3 oesr�vr�AEw oo-ao-m avo. ra.a�.waon oese oc,rpz -m cw.«ey AS WIN o.. osoeroe FLOOR PLAN A -1. ©1 1] 0� Meg are Elitee, ee I Qi 4169JiM 1E g5Pik1W ° "", 7�f4rht Sb«l&n i owlm.W16 LI a � � z L] D m z J 6 Q 0- LJ �7- j and � Er cr L LU cc LU OZ D d 0 E I� l z Kirnco Realty Corporation Brian K. Replinger 3m5 FeaMA Rlvd_ 5E.`1rBa!¢B A?rElcvr+a.WA mane PlaPrn C+zs3 3rsasoe Fen; {/26) 16TL661 I7ESIGM REVIEW tl61B -Ga. No. [tmmea [MIa •m a 4- e 92.24 h AS koTw etlYpgq} EXTERIOR ELEVATIONS sum (FINISHES) A-2.01 e° rna.wa +.e:.nszo. Au l . a a T.CP• �m vn? vsm � s.]x n� b J ♦ Q�IMS111CB18FPIleAR'94Wf I I ♦ r 2 �v11®e 6[AFlim tMME RuA1E rMfH.+rtl.� AIe a. ° — s.t nry EAST ELEVATION d Y noa L. rn. °T a L U 5 11 4 - e ` ,7 11 ~f KEY NOTES SYMBOL• us f� A I 1 •rF .wey WEST ELEVATION t - �� -fir _.�.. _ I t 1 t cai�n �7 /^�1;;//��{{f APPROVAL YI4F`,PROV '' L � � .a.P h tsr. 'tn. _ - rno mea�;cr� " �m�mw m . " r�r�o�r. ,,, . es�an�awvg eaiartroew.cw. - r aw nee.r Apcafic0+,icrLa �1i!lilLlttr � h - ��'"' a" w� =w• ,may DR 'V 'V ! � � 0 s: emew to Awrex mw.mran m.:.waASe a�e>�RUR.L�rxrcttn,mx 11--r� tJu I l e.wmocvedn c+%m smwmgmegen Signatures JL.J AwMr.�em w.cmn.�- eaw -rt. _ _ _. —_ `A Ci�� Ttl�iw i� -( � � I 1 r - � CdrMO 'fal SNr nowt. aerGwbrt Awrcxmnrm m»wmerec - - _ "' '"-_•�� • NORTH ELEVATION 7 T 2 ®III 3 ¢ �b 5 1 =:: � 7 1 6I�NE9M t! yr ______ L-- - - - -J I '. - - - -� logo L__ J I' l, f ! 1 I 1 I! / ! ♦F I I A n a ! P! IL P I( I e d S[]UTH ELEVATION - 6 MATERIAL SCHEDULE 1] 0� Meg are Elitee, ee I Qi 4169JiM 1E g5Pik1W ° "", 7�f4rht Sb«l&n i owlm.W16 LI a � � z L] D m z J 6 Q 0- LJ �7- j and � Er cr L LU cc LU OZ D d 0 E I� l z Kirnco Realty Corporation Brian K. Replinger 3m5 FeaMA Rlvd_ 5E.`1rBa!¢B A?rElcvr+a.WA mane PlaPrn C+zs3 3rsasoe Fen; {/26) 16TL661 I7ESIGM REVIEW tl61B -Ga. No. [tmmea [MIa •m a 4- e 92.24 h AS koTw etlYpgq} EXTERIOR ELEVATIONS sum (FINISHES) A-2.01 e° rna.wa +.e:.nszo. Au 1 1.6 2 2.5 3 # b (D "w:..r 8 8 t@ 11 12 : 18 1# 13 16 7T 78 18 9. SU 21 22 w 1 1 + I r ma E I r I I r A AS e i I 1 � i I `Ir B l 1 1 1.b 2 2.5 8 # 5 8 7 8 8 16 11 12 NZ WE 18 14 1b 98 t7 18 18 0 2Ci �. 21 22 N FLOOR PLAID - UPPER LEVEL 4 y 1 1.5 3 2.6 8 # 5 6 � 8 8 1Q ti 12 13 14 76 18 77 i8 19 9. 2C3 d. $1 22 23 I I 1 t 1 I Y 1 I I X I I r I I I 1 I I 1 A � L b J G t R 6 f I f f I I rsd itt' .rr d d ua�v rs t Y Ib 1 5 2 4 b IB % 7 8 8 10 11 12 13 14 16 16 1T 18 t9 9. @ D. 2t 1. 22 23 ,ter FLOOR PLAN - GROUND LEVEL 2 r yr r y APPROVAL 45sA e Ap lllxAk_w � '' _ ', I C DRC Signature 1 tt- mcg arch Lecture ser fta a.s W . W,i�P. � CX' CiLiS W W C] Z � w ' O_ � Q C3 � c Kimco Realty Owparation Brian K -. Replinger 3593 Fmt B d. SE, Sups BYO F - W�o 5 STa�ae � ( �SV asl�oeee D€mGtd rm_ e. ce -t [wr. aa.. as as sue.. A5 "MED FLOOR PLAN A -1. ©1 1 / "I , APPROVAL DRC Signature ' r! r` WAR l in arch is acs ure L IIuMn iE. U9' U- MMOMR.Krnftb4T3417 MIN wPnrCLr. LLJ U, E 0 O 1-- cn o H (3 Z F LLI FU U I(imeo Realty Corporation Brian l5. Replinger 9596 F- 1.Hw SE a2O I'+n_ C—) a +s <a5ae Fax 44251 967-044.4 Desuarr P,ewevr oo-, aa4 Na Pas�.lael n Daar FS NOTED EXTERIOR ELEVATIONS (FINISHES) A -2.Oi J `�°' � cawNCli6n ��p uRZFA � i aar� a * + � @ wrt xMm § — � I - �elanorne.ua>weewxnre��r �l7 0 5 -- a _ P EAST ELEVATION 9 �z �� l"J T �r .�� 69-) T i Q T 71 T 12 19 14 15 kEV NOTES 4 l ❑ ❑ i I� SYMBOL! rye,. EAST ELEVATION 3 15 18 17 18 19 20 � 21 122] YI _ ' - - - - ❑" �r ❑4-�❑ �r�� '1�1� ��. ®�® ❑ - - L — 1 ` . � o.q'rrnrn+l.ewrrsnaa� e � ,a.n- w.w.Praxalr4xuv, wwawarne.wv+r - no�� n'a ❑m C S - �C o « ceucwa - �7 a, aocc�nroww ,a.sw +w",r.r «c�mur4.c«a EAST ELEVATION 7 •., rial I 1 1 I G eM. J w— I a- r r - t.a 7 iu pNir iPf^,�CkTp4 QF Awwewriw,l SOUTH ELEVATION MATERIAL SCHEI]ULE 1 WAR l in arch is acs ure L IIuMn iE. U9' U- MMOMR.Krnftb4T3417 MIN wPnrCLr. LLJ U, E 0 O 1-- cn o H (3 Z F LLI FU U I(imeo Realty Corporation Brian l5. Replinger 9596 F- 1.Hw SE a2O I'+n_ C—) a +s <a5ae Fax 44251 967-044.4 Desuarr P,ewevr oo-, aa4 Na Pas�.lael n Daar FS NOTED EXTERIOR ELEVATIONS (FINISHES) A -2.Oi J APPR©W DRC Signature 173 0 mcg archirccrurc S 11EYAIDE 7C1 i1.S9P ;1� as IINw mir, an s,�.wu wf�sle sw. r wrr� W GA4 i �• •ngeetr W IY 4 � Q F O F- Q z CIO O p L.7 z LLI cc W CL n- � Q C U 11 Kimco Realty Corporatton Brian K. Replinger 8531. FmP IC RA. SE. 8W 626 ilu 0 (426 D /:t359a '�� fd2S1 d5?-0CN9 ®ESIGM REVIEW oa.}aAe. No. Deaa@nNon IagM pat02.�4 - -- AS NOTED s.a.rx ve O?9D/..il EXTERIOPI ELEVATIONS (FINISHES) A -2.02 �,r�,enc.�esre.Aw ae f I 1 I I I I I N I I I I SMx wpcar a�l 1a. TP. ® 0— spur VS® O wm wm - - - - - - I nsnid I I I I 1 f l l Y rmw:. 'd®ISL�M'NrrFUUennw:xwea. I I I i ME r 0 ;�V. T-o". o I WEST. ELEVATION 9 � a � 15 14 S8 S2 11 10 I� 8 ? I V 16.1 rm. I �ww. M. I O L ®j Fa:l — I I I C7 C f I - I I KFY NOTES , 3yMBOL xu WEST ELEVATION 8 ro. m- zrF. �.a �rw,a w - a s ex�a NM I a h a � Q C o- o o o � C7 w e.ee •wu +W MSV:[ er eeeos mrrro. sr v.uxr aou ea o+ enew ro a+m.a+F VUwrmroeeu enr cgean muyrq+!Iw a/+er apgpry4E qrp �� t1� I ! 7 IY+r. T � 1'rv. ��1111 'LsJ _ WEST ELEVATION T - t I 47 m_ F k m. �jff]� � ■7 y� - s f ----------------- NORTH ELEVATION MATERIAL SCHEDULE. 1 173 0 mcg archirccrurc S 11EYAIDE 7C1 i1.S9P ;1� as IINw mir, an s,�.wu wf�sle sw. r wrr� W GA4 i �• •ngeetr W IY 4 � Q F O F- Q z CIO O p L.7 z LLI cc W CL n- � Q C U 11 Kimco Realty Corporatton Brian K. Replinger 8531. FmP IC RA. SE. 8W 626 ilu 0 (426 D /:t359a '�� fd2S1 d5?-0CN9 ®ESIGM REVIEW oa.}aAe. No. Deaa@nNon IagM pat02.�4 - -- AS NOTED s.a.rx ve O?9D/..il EXTERIOPI ELEVATIONS (FINISHES) A -2.02 �,r�,enc.�esre.Aw i4 LVI►1210 a Eta AIFI11 IM Z I EAST ELEVATION co 0 C) CD is ru 73 10 'Eff Kimco Realty , Corporation DATE: MAY 16, 2008 RETAIL A EXTERIOR ELEVATIONS JC)f CUPERTINO VILLAGE CUPE 785 Market Street TINO CA , San Francisco, CalKarnia 24103-2916 f 415.974.6002 F 415.9741556 megarchilecture.com 174 NORTH ELEVATION SOUTH ELEVATION AT RETAIL A 171 =1■J1m t!4Ngwff, ,l r APPROVAL 1 514 -a!x0$ IDRC �- 8 Signature NORTHEAST ELEVATION K1mco Realty RETAIL B C EXTERIOR ELEVA'T'IONS DATE MAY 15. 2Q06 YT CUPERTINO VILLAGE NORTH ELEVATION CUPE:RTINO, CA 785 Market Street San Francisco, California 94103 -2015 T 415.974.6042 F 415.974.1556 mcgarchitecterexum 175 EAST ELEVATION SCALE 3/'32" = 1' -0' PARTIAL WEST ELEVATION AT LINNET LANE SCALE: 313x_ - t'-7° I WEST ELEVATION AT LINNET LANE 6CALE� 1132• _. V 0' Kimev Realty Corporation EXTERIOR ELEVATIONS f "` CUPERTINO 'VILLA maim Aso- P�pplication Number B - 7�caS Dat aragrr 785 Market Street San Francisco, California 94103 -7016 J 415.974.6002 F 415.974.1556 mcgarchitectore.com tv. oATE: MAY 75. ZfD08 CUPERTINO, CA 176 1- .�4 l9 °- Fitt' /4R.k14l� �C.IG + e , mss WtF-L frA% , WtT4} f .. , Yl • . ' , G6NGM11- — L5t Iw 1mj_ ff � r�IFfiJldf e . °: Ili =t d��u Fri WALL SECTION K.imco Realty Corporation DATE.. MAY 15, 2008 GREEN SCREEN WALL PANEL .. 1171 e f -R1 &DILL A14 cf F1 57ACCa f"ILP6�! =sR451 1N.Hrpw 0 vu-- f1e�lAnl�FS w - INTERMEDIATE ACCENT PANEL APPROVAL DRC '� f Date ELEVATIONS & SECTIONS AT GARAGE WALL C U P E RTI ICI O VILLAGE CUPERTINQ CA Mark Sheet � San Francisco, California 941[1 -2016 ,T 415.974.6M F 415.974.1556 mcganhitectune.com 177 M N "■ IN i Foii c- bMolW.7G e6Lae4t- 1 PEDESTRIAN GATEWAY APPROVAL_ ., q DRC - -- f7a Signature Case Manager " Kimoo Realty Corporation BATE: MAY 15, 2oaa SITE ELEMENTS ` VILLAGE +n r .wZ ]6 121aA.I M N WTA ► I I x � 0 OfAcxx ME PAPER LANTERN METAL COLUMN WITH TRIM CUPERTINO, CA 785 Market Street Sara Francisa, California 94103 -2016 1 415.974.6002 F 415.974.1556 mcgarchiteaure.cam I E 178 APP DRC f , `r'7�'i!gm LANDSCAPE CONCEPT s stale 1 = 40 •• a %o aU an LINNET LANE _. —_------ ------ 179 I s - m cg Brc IY it C C t4 r .T Ylagfyppp E: fYr➢rLYSA s6 ir.1a se.t fn'Flo�y uinm a�i� � a #titi' cr a r� - W U cc � 4 0 Z � 4 1- ( Z z F W � w CJ CL U Kimco Realty Corporation Brian K, Reptinger 3M F..'.:. "d. 56., !941. .20 Phan ®1425A ]T13w6 Nn. UcsoilOYm Dn1a �a �. M4, LANDSCAPE CONCEPT SHEET L1 IY/ ;MU WALL, GROUT _ CELLS SOLID ." BARS AT 16" Q.G. �H WAY TYP. STING GRADE A U, LL C c c: a c.: C 5 LL y WALL SECTION 180 DOWELS C� 1 6" TO MATCH. ,LL VERT. BARS UGHEN AND 7 -AN JOINT MULTI -BIN TRASH FRECEF -TAGLE MFR.' FORMS 4 3URFACES MODEL: TRANSIT all 4e RECYCLED PLASTIC- BENCI -4 STEEL 80LLARp Lirit"TED BOL1-A1 F,4R<ING LOT LIGHTS I"IRF. VICTORY STANLEY MFR. DUfelOR MFFR. FORMS 4 SUFfPACES MFR.- CYCLONE MO EL_ CM -50 0. rr,cg 8 h Lrcrt4 rc 't 1161R4aEd St g4lG;IAAII a— Ilaiai 8Ewl9r ferlmtlIgtmfOFd AImlYel,ae UJ UJ c1 Ir 4 L7 Z � O zr' Z fy � Q U K1mco Realty Corporation Brian K. Repfinger 9535 F. W11a wed. 5E, sea! ate ®ellanm.WA9BA0a wamr ta2sf aTaasos as Ya2ai +v.oP+9 N" fl_w1E13_wa _ dole straw. OF.ta2.� .waF sat a2., blSa w� PLANT LIST SHEET L2 ®tlra.a�..re�ta,rar .�>o,.,aaala�%.am 7 181 PLANT LEST PLANT L15E. BREAK DOWN Ll La q.aveio6mla L "tuwearvre G.P. 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F Application Plumb ©RC Signature s ger i WOLFE ROAD CUPERTINO VILLAGE CORNER ENHANCEMENTS - WOLF RD PRUNERIDGE INTERSECTION EXISTING TREES u EXISTING SIDEWALK r NEW WALK TO TIE INTO EXISTING SIDEWALK.- FLOWERING TREE w WN 1in co RImity MATES r 8.6.48 SCALE 1 " =24' Lf% Corporation 3wt hitc+:iurc 4ss 0C1t1TE 184 4,`'� fps s PARKS AND RECREATION DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3308 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: November 1, 2011 Sub' ect Consider drafting a Tobacco Retail License ordinance for the City of Cupertino. Recommended Action Provide direction to staff on whether to proceed with the development of a Tobacco Retail License Ordinance and regarding the proposed process and timeline for the development and adoption of the Ordinance. Description On January 10, 2011, the City of Cupertino entered into an agreement with the County of Santa Clara Public Health Department to participate in a County -wide grant program eligible to all cities within the County to strengthen city policies to reduce exposure to second -hand smoke, and limit tobacco marketing exposure and tobacco sales to youth. The grant is funded through the Centers for Disease Control and Prevention's Communities Putting Prevention to Work program. To fulfill part of the requirement for this grant, the City of Cupertino is required to "endeavor to draft, adopt and implement a tobacco retail permitting policy for the City of Cupertino that contains enforcement provisions and financial deterrents for violators." As a result, staff is bringing this report to Council to consider whether to proceed with the development of a Tobacco Retail License Ordinance. The City has already fulfilled some of the requirements of the grant, including the adoption in May 2011 of an ordinance prohibiting smoking in outdoor public recreation areas within the City. The other requirements of the grant include hosting a youth conference, spearheaded by the Teen Commission, to develop messages and strategies to prevent youth access /use of tobacco. This conference will be hosted in partnership with the Youth and Teen Recreation Services (YTRS), a subcommittee of the California Parks and Recreation Services (CPRS) District 4 group. YTRS hosts a bi- annual conference for all Teen/Youth Commissions titled "YAC (Youth Action Committees) Attack." Teen Commissioners from Cupertino, along with their peers from cities throughout Santa Clara and San Mateo County, are currently working on developing tobacco prevention messages and will finalize their work at the conference. This event will take place on March 3, 2012. To receive all eligible funds, grant requirements must be fulfilled by March 2, 2012, although an informal agreement has been made with the County to allow for the final execution of the Teen Conference to take place a day after the grant deadline. The City of Cupertino is eligible to receive $49,587 out of approximately $1 million of grant funding the County of Santa Clara 185 Public Health Department has made available to cities for the purposes of tobacco prevention policy development and implementation. The amount of grant funding is based upon an award base of $15,000 for each eligible city and an additional amount based on population of the city, in addition to fulfillment of the grant requirements. Statistics on Tobacco Use by Youth According to the Centers for Disease Control, approximately 438,000 people die in the United States from tobacco - related diseases every year, making it the nation's leading cause of preventable death. The Santa Clara County Public Health Department has found that among the kids who smoke in the County, age 13 is the most common age to start. Nearly a quarter of middle school students and two - thirds of high school students, report that it is easy to get cigarettes. In 2002, The Center for Tobacco Policy released findings that stated youth smoked approximately 549 million packs of cigarettes per year, generating nearly $1.2 billion in tobacco industry revenue. Although State law currently prohibits the sale or furnishing of cigarettes, tobacco products, and smoking paraphernalia to minors and requires that tobacco retail establishments check the identification of tobacco purchasers who reasonably appear to be under 18 years of age, the number of youth having access to tobacco products continues. According to the Center for Tobacco Policy & Organizing, local Tobacco Retail License Ordinances have been used as a tool to reduce youth access to tobacco by requiring that retailers obtain a license from the City which includes provision for fines, suspension or revocation of the license for violations of any state tobacco control law. T)ieriiQQinn Although it appears the City of Cupertino is not required to adopt a Tobacco Retail License ordinance under the terms of the grant, the guidelines do appear to require some effort by the City to create a tobacco retail permitting policy. Therefore, while it is unclear precisely what action the grant terms contemplate, staff is requesting that the City Council consider whether to move forward to draft a Tobacco Retail License Ordinance in accordance with the grant requirements. State law already makes it unlawful to sell or give tobacco or related products to persons under the age of 18. Civil and criminal penalties are set forth in Penal Code section 308. A typical Tobacco Retail License Ordinance creates a local enforcement mechanism that makes owners of all retail businesses offering tobacco products for sale to the public subject to annual licensing and inspections by the City. Such an ordinance would also include provisions for enforcement of violations, including administrative citations, suspensions, permanent revocation of the licenses for unabated and willful violations, and /or other legal actions. The chief purpose of Tobacco Retail License Ordinances is to give local officials an effective way to enforce laws prohibiting sales to minors. State Laws do provide some regulations to businesses that sell tobacco products. California law requires a one -time $100 fee paid to the Board of Equalization in order to sell tobacco products. Fines for illegal sales to minors range from $200 to $1,000 per offense. Given the difficulty to hold tobacco retailers accountable for sale -to -minor violations, a Tobacco Retail License :. Ordinance provides cities with a tool for local oversight and accountability to officials in its jurisdiction. Should the Council direct staff to proceed with preparation of an ordinance, the following components may be considered for inclusion into the Ordinance: • Require all establishments selling tobacco products to obtain a Tobacco Retail Establishment License from the City of Cupertino. • Require an annual license renewal. • Require an annual inspection of the premises for compliance with the requirements. • Require that a valid Tobacco Retail Establishment License be prominently displayed in a publicly visible location at the licensed location. • Prohibit the sale or transfer of tobacco products to anyone under the age of 18. This would require that retailers first examine the identification of the recipient to confirm that they are at least the minimum age under state law to purchase and possess the tobacco product or tobacco paraphernalia. • Prohibit a person who is younger than the minimum age established by state law for the purchase or possession of tobacco products to engage in tobacco retailing. • Require all tobacco products be stored or kept out of public view. • Prohibit all self - service displays of tobacco products (optional). • Prohibit any new tobacco retailing within 1,000 feet of a school (optional). • Prohibit any new tobacco retailers within 500 feet of another tobacco retailer (optional). • In partnership with the Santa Clara County Sheriff's Department, conduct youth decoy operations. • Include fines for permit violations. • Allow a process for license suspension and revocation for violations of state law and the proposed ordinance, as well as an opportunity for a hearing an appeal of the action. The inclusion of the above components in the draft ordinance would establish operational and maintenance standards for tobacco retail businesses. The City's Code Enforcement Division would be the responsible department for the implementation and enforcement of these regulations. Timeline If directed to draft an Ordinance, staff has proposed the following timeline to proceed with the public outreach, including working with the stakeholders that would be impacted, and development of the draft Tobacco Retail License Ordinance: December 2011- Meet with the Legislative Action Committee of the Chamber of Commerce. Receive feedback on components of the draft Ordinance and discuss retailer outreach. January 2012- Conduct retailer outreach to vendors of tobacco products. According to the Board of Equalization, there are 31 vendors in Cupertino that sell tobacco products. Staff would invite all vendors to a meeting to share the draft Ordinance and receive feedback from this community. 187 Feb. 18, 2012- Staff will present the staff report and draft ordinance to the Council. It is anticipated that this date could be the first reading of the Ordinance. March 6, 2012- It is anticipated that the second reading of the ordinance could take place at this time. If approved, the Ordinance would go into effect in 30 days after the second reading, which is April 6, 2012. Local Municipalities In the past two decades, more than 80 communities in California have adopted Tobacco Retail License Ordinances in an effort to reduce illegal sales of tobacco products to minors. The basic components of Tobacco Retail License Ordinances require tobacco retailers to: ✓ Obtain a license to sell tobacco, ✓ Obtain an annual licensing fee to fund enforcement, and ✓ Be subject to financial deterrents for violations through fines and penalties that include the suspension and revocation of the license. In March 2011, the Center for Tobacco Policy released a study of 31 municipalities with strong Tobacco Retail License Ordinances (See Attachment A) which overwhelmingly showed that Tobacco Retail License's as an enforcement tool are working. Rates of illegal tobacco sales to minors decreased in all 31 municipalities. For example, in Berkeley, the youth sales rate before the Ordinance was 38 %, which dropped to 4.2% after the Ordinance. In November 2010, the Santa Clara County Board of Supervisors adopted a Tobacco Retailer Permit (TRP) Ordinance that impacted approximately 36 tobacco retailers operating in the County unincorporated areas. The County paid for application fees of $340 each for existing tobacco retailers lawfully operating in the unincorporated areas of the County. All tobacco retailers, new and existing, were subject to the $425 annual permit fee. The administration of the permit process is coordinated by the County Department of Environmental Health (DEH), which is also handling the annual inspections. As a result of the new ordinance, including an annual permit fee of $425, 11 tobacco retailers ceased selling tobacco products as the businesses were not selling enough tobacco products to justify paying the annual fee. Overall, almost all retailers came under compliance quickly once the ordinance went into effect in January 2011. Public Health Department (PHD) and DEH staff spent several months pre- and post- ordinance adoption conducting education with the retailers to ensure an understanding of the new policy. PHD staff recently conducted training for DEH inspectors on tobacco laws impacting retailers and inspection protocols, and DEH is expecting to begin their inspections in October and have them complete by November. The Sheriff s Department has also conducted two youth tobacco decoy operations in the County unincorporated areas with no reported sales to minors. Coordination early on and frequently following adoption of the new policy was important to develop agreed upon protocols across several County departments. The City of San Jose passed a Tobacco Retail License Ordinance in December, 2010 that went into effect in February, 2011. San Jose's Tobacco Retail License fee is $437. Between February .. and July of 2011, staff developed administrative protocols, procedures and forms to handle the work load associated with permitting and inspecting tobacco retail establishments. Tobacco Retail License permit applications were mailed to 838 retailers in July 2011. Compliance statistics are not officially available. Anecdotal information from program staff indicates that similar to the County experience, a small number of retailers ceased selling tobacco products. At this time not all retailers are in compliance, and inspections commenced on October 1, 2011. A joint youth decoy operation with the County resulted in a $2,500 fine to one vendor for selling tobacco to a minor. Although many components of the San Jose and County ordinances are similar, the County Ordinance also banned any new retail outlets in the unincorporated areas from selling tobacco if they operate a pharmacy or are located within 1,000 feet of a school or within 500 feet of another tobacco retailer. Next Steps If the Council authorizes staff to move forward with the ordinance, staff will follow the process and timeline finalized by the Council. Based on the proposed timeline, staff expects to bring the ordinance to the Council in February 2012. If the Council does not move forward with the ordinance, this will not affect the grant requirements as it does not require adoption of the ordinance. Prepared by Aki Honda Snelling, AICP, Senior Planner Reviewed bv: Mark Linder, Director of Parks and Recreation Aarti Shrivastava, Community Development Director Approved for Submission by. David W. Knapp, City Manager Attachments: A: Samples of tobacco retail license ordinances i• forTobacco Policy &Organizing 4D AMERICAN LUNG ASSOCIATION. IN CALIFORNIA Attachment A 9 3 More than 80 communities in California have adopted strong local tobacco retailer licensing ordinances in an effort to reduce illegal sales of tobacco products to minors. These ordinances require tobacco retailers to obtain a license to sell tobacco, include an annual licensing fee high enough to fund strong enforcement programs and include financial deterrents for violators through fines and penalties that include the suspension and revocation of the license. The table below lists illegal sales rates to minors before and after a strong licensing law was enacted in 31 communities where data is available and enough time (usually at least a year) has passed after the ordinance was enacted to determine results. These sales rates were determined by youth tobacco purchase surveys administered by local agencies. It is important to note that results from the youth tobacco purchase surveys are somewhat dependent on certain factors that differ in each community, such as the age of the youth and the number of stores surveyed. The results overwhelmingly demonstrate that local tobacco retailer licensing ordinances with strong enforcement provisions are effective. Rates of illegal tobacco sales to minors have decreased, often significantly, in all 31 municipalities with a strong tobacco retailer licensing ordinance where there is before and after youth sales rate data available. However, a licensing ordinance by itself will not automatically decrease sales rates; proper education and enforcement about the local ordinance and state youth access laws are always needed. For more resources on these ordinances, including the Matrix of Strong Local Tobacco Retailer Licensing Ordinances with policy and enforcement details for every strong ordinance in the state, visit www. Center4TobaccoPolicy .org /localpolicies- licensing. For model tobacco retailer licensing ordinance language, visit the Technical Assistance Legal Center at www.phlpnet.org. TABLE OF YOUTH SALES RATES BEFORE AND AFTER THE ADOPTION OF A STRONG TOBACCO RETAILER LICENSING ORDINANCE Banning August 2006 $350 77% 21% Beaumont December 2006 $350 63% 20% Berkeley December 2002 $427* 38% 4.2% Burbank February 2007 $235 26.7% 4% Calabasas June 2009 $0* 30.8% 7% Coachella July 2007 $350 69% 11% Contra Costa County January 2003 $160* 37% 7% Corona October 2005 $350 50% 17% Davis August 2007 $344 30.5% 3.8% Delano June 2008 $165 23% 16% Desert Hot Springs August 2007 $350 48% 4% El Cajon June 2004 $698 40% 4.2% Elk Grove September 2004 $270 17% 0% Grover Beach September 2005 $224 46% 2.9% continued on the next page www.Center4TItiaUoPolicy.org Tobacco Retailer Licensing Is Effective March 2011 TABLE OF YOUTH SALES RATES BEFORE AND AFTER THE ADOPTION OF A STRONG TOBACCO RETAILER LICENSING ORDINANCE (continued) Hollister May 2006 $269 33% 4.5% Kern County November 2006 $165 34 % 7.5% La Canada Flintridge June 2009 $50* 47.1% 0% Los Angeles County December 2007 $235 30.6% 10.9% Murrieta May 2006 $350 31% 7% Norco March 2006 $350 40% 6% Pasadena January 2004 $225 20% 0% Riverside May 2006 $350 65% 31% Sacramento March 2004 $324 27% 19.7% Sacramento County May 2004 $287 21% 8% San Fernando October 2008 $250 38.5% 3% San Francisco November 2003 $175* 22.3% 13.1% San Luis Obispo August 2003 $255 17% 6.8% San Luis Obispo County October 2008 $342 33.3% 14.3% Tehachapi February 2007 $165 8% 5% Vista May 2005 $250 39% 1.1% Yolo County May 2006 $344 28% 7.9% "City or County fee does not fully cover administration and enforcement of the tobacco retailer license. Rather, the fee is supplemented with another stable source of funds, such as Master Settlement Agreement (MSA) funds or general funds. See the Center's Matrix of Strong Local Tobacco Retailer Licensing Ordinances for full details about the administration and enforcement of these ordinances. The Center for Tobacco Policy & Organizing • American Lung Association of California 1029 J Street, Suite 450 • Sacramento, CA 95814 • Phone: (916) 554.5864 • Fax: (916) 442.8585 • www.Center4TobaccoPolicy.org 2011. California Department of Public Ia1TYL Funded under contract #09- 11173. COMMUNITY DEVELOPMENT DEPARTMENT 01 CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3308 www.cupertino.org CUPERTINO CITY COUNCIL STAFF REPORT Meeting: November 1, 2011 Subi ect Home of Christ Assembly Use Expansion Project Municipal Code Amendment regarding streamlining and codification of ML -rc zoning regulations Rezoning of 10340 Bubb Road from BQ to ML -rc Recommended Action Conduct second reading and enact Ordinance No. 11 -2083: "An Ordinance of the City Council of the City of Cupertino, which repeals certain conditions referenced in Ordinance No. 360: #13, #14, 915, and #19 found in Planning Commission Resolution No. 406 and Planning Commission Resolution No. 409 in its entirety; and modifies Exhibit "C" by adding: ancillary general commercial uses as a permitted use; technical colleges & existing churches approved with a conditional use permit as conditional uses; and daycare centers, schools, convalescent centers & other sensitive receptors as prohibited uses; and amends Chapter 19.60 (Light Industrial (ML) Zones) of the Cupertino Municipal Code, related to the streamlining and codification of the ML -rc (West Valley Light Industrial) Zoning regulations" and; Conduct second reading and enact Ordinance No. 11 -2084: "An Ordinance of the Cupertino City Council rezoning a parcel of 1.612 acres and its fronting half - street of 0.189 acre located at 10340 Bubb Road, APN 357 -20 -019" Description Application: MCA-2011-01,Z-2011-01 Applicant: Kevin Chiang (Home of Christ Church) Location: West Valley Industrial Park, 10340 Bubb Road Application Summary: Municipal Code Amendment to streamline and codify the ML -rc (West Valley Light Industrial) zoning regulations into Chapter 19.60 (ML Zones) of the Municipal Code. Rezoning of parcel of 1.612 acres and its fronting half - street of 0.189 acre from "BQ (Quasi - Public Building)" to "ML -rc (West Valley Light Industrial)" located at 10340 Bubb Road. 192 Discussion On October 18, 2011, the City Council approved MCA - 2011 -01 and Z- 2011 -01 on separate 5 -0 votes and conducted the first readings of Ordinance No. 11 -2083 & Ordinance No. 11 -2084 for amendment to Chapter 19.60 of the Municipal Code and rezoning of 10340 Bubb Road respectively. For Ordinance No. 11 -2083, Exhibits A & B have been reordered and Exhibit A has been modified to reflect the title of the first reading of this ordinance. Exhibit B has not been modified. For Ordinance No. 11 -2084, no changes have been made to the ordinance. Prepared by Colin Jung, AICP, Senior Planner Reviewed by. Gary Chao, City Planner; Aarti Shrivastava, Community Development Director Approved for Submission by David W. Knapp, City Manager Attachments: Attachment A: Ordinance No. 11 -2083 Attachment B: Ordinance No. 11 -2084 193 ATTACHMENT A ORDINANCE NO. 11-2083 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO, WHICH: REPEALS CERTAIN CONDITIONS REFERENCED IN ORDINANCE NO. 360: #13, #14, #15, and #19 FOUND IN PLANNING COMMISSION RESOLUTION NO. 406, AND PLANNING COMMISSION RESOLUTION NO. 409 IN ITS ENTIRETY; AND MODIFIES EXHIBIT "C" BY ADDING: ANCILLARY GENERAL COMMERCIAL USES AS A PERMITTED USE; TECHNICAL COLLEGES & EXISTING CHURCHES APPROVED WITH A CONDITIONAL USE PERMIT AS CONDITIONAL USES; AND DAYCARE CENTERS, SCHOOLS, CONVALESCENT CENTERS & OTHER SENSITIVE RECEPTORS AS PROHIBITED USES; AND AMENDS CHAPTER 19.60 (LIGHT INDUSTRIAL (ML) ZONES) OF THE CUPERTINO MUNICIPAL CODE, RELATED TO THE STREAMLINING AND CODIFICATION OF THE ML -rc (WEST VALLEY LIGHT INDUSTRIAL) ZONING REGULATIONS. THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDAINS AS FOLLOWS: Section 1. Statement of Purpose. This ordinance amendment: A. Repeals certain conditions referenced in Ordinance No. 360: #13, #14, #15, and #19 found in Planning Commission Resolution No. 406, and Planning Commission Resolution No. 409 in its entirety; and amends Exhibit "C" by adding: ancillary General Commercial uses as a permitted use; Technical Colleges & Existing Churches approved with a conditional use permit as conditional uses; and Daycare Centers, Schools, Convalescent Centers & other sensitive receptors as prohibited uses. B. Amends Chapter 19.60 (Light Industrial (ML) zones) of the Cupertino Municipal Code related to the streamlining and codification of the ML -rc (West Valley Light Industrial) zoning regulations. Section 2. Code Aniendmeut. A. Zoning Ordinance No. 360 that rezone a portion of the City of Cupertino from Medium Density Multiple Residential (R3- 2.7 *ma) Zone to Light Industrial (ML -rc) Zone is hereby amended to read as shown in Exhibit A; and B. Chapter 19.60, entitled "Light Industrial (ML) Zones," of the Cupertino Municipal Code, is amended to read as shown in Exhibit B; and Section 3. Seyerabilih . 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 194 application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable. Section 4. Effective Date. This Ordinance shall take effect and be in force thirty (30) days from and after adoption as provided by Government Code Section 36937. Section 5. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall give notice of its adoption as required by law. Pursuant to Government Code Section 36933, a summary of this Ordinance may be published and posted in lieu of publication and posting of the entire text. Section 6. CE A. An initial study has been prepared and a Negative Declaration has been adopted for the project. Section 7. Continuity. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Cupertino Municipal Code, these provisions shall be construed as continuations of those provisions and not as amendments of the earlier provisions. INTRODUCED at a regular meeting of the Cupertino City Council the 18th day of October 2011 and ENACTED at a regular meeting of the Cupertino City Council on this of 2011 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk APPROVED: Mayor, City of Cupertino 195 Exhibit A (Deletions are stFwGl( thFew ; additions are underlined ORDINANCE NO. 360 AN ORDINANCE OF THE CITY OF CUPERTINO AMENDING SECTION 1 OF ORDINANCE NO 2 BY RECLASSIFYING A CERTAIN PORTION OF THE CITY OF CUPERTINO FROM MEDIUM DENSITY MULTIPLE RESIDENTIAL (R3- 2.7 *ma) ZONE TO LIGHT INDUSTRIAL (ML- rc) ZONE . THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS: WHEREAS, on February 9, 1967, an application 4 -Z -67) was filed by John Rodrigues, Jr., for the rezoning of property from Medium Density Multiple Residential (R3- 2.7ma) to Light Industrial,(ML- rc)Zone: WHEREAS, upon due notice and after one public hearing, the Planning Commission recommended to the City Council that a re- classification be granted to Light Industrial Zone;(ML -rc: regulated by the M -1 section of Ordinance NS -1200 of the County of Santa Clara, 1955 edition) WHEREAS, the property to be rezoned is presently R3- 2.7 *ma Zone; WHEREAS, a map of the subject property is attached hereto as Exhibit "A" as a proposed amendment to the Master Zoning Map of the City of Cupertino; Now, THEREFORE, BE IT ORDAINED AS FOLLOWS: Section 1. That the following described property be, and hereby is re- zoned to Light Industrial (ML -rc) subject to the conditions set forth in Planning Commission Resolution No. 406 (hereby amended by changing the wording of Condition 13 to read: "Any purposed use shall conform with the list attached hereto as Exhibit "C ", or shall be approved by minute order by the Planning Commission and the City Council "). Attached hereto as Exhibit "B ", and Exhibit "A" and "C" attached hereto is made part of the Master Zoning Map of the City of Cupertino. All that certain real property situated in the City of Cupertino, County of Santa Clara, State of California, described as follows: SECTION 2. This Ordinance shall take effect and be in force thirty (30)days after its passage, and before the expiration of fifteen(15) days after its passage, this Ordinance shall be published once with the names of the members voting for or against the same in the Cupertino Courier, a newspaper published in said County of Santa Clara. INTRODUCED at a regular meeting of the City Council of the City of Cupertino on the lst day of May 1967, PASSED and ADOPTED at a regular meeting of the City Council of the City of Cupertino on the 5th day of May, 1967, by the following vote: YES : Councilmen - Dempster, Noel, Stokes, Fitztgerald 196 NOES : Councilmen - Johnson ABSENT : Councilmen - None APPROVED: Mayor, City of Cupertino ATTEST: City Clerk 197 80,000 .6 4 -Z -67 RESOLUTION NO. 406 (as amended by resolution No.409) OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING THE GRANTING OF A ZONE CHANGE from Medium Density Multiple Residential(R3 -2.7 *ma)to Light Industrial(ML -rc) zone. APPLICANT: John Rodrigues, Jr. ADDRESS: 20430 Town Center Lane, Cupertino SUBMITTED: February 9, 1967 LOCATION: West of proposed West Valley Freeway, East of Peninsular (Southern Pacific) Railroad, South of Stevens Creek Boulevard, and North of McClellan Road AREA: 32 acres CONDITIONS : 1 -12 Standard Conditions, as listed on Page 1. Any s ems e shall reiher-e e f e v ~~ w ith list- o f a s e s Site a---- ,l 16 There shall be no direct access from lots to Stevens Creek Boulevard and McClellan Road, and no street connection with McClellan Road between Stevens Freeway and SPRR; except that a temporary connection will be permitted until a crossing between the railroad and Bubb Road has been completed. 17 Industrial activities in the open, including loading, un- loading and parking of delivery vehicles, shall be located in the rear of the lot. Back yard and front yard shall be separated by the main building or a wall extending over the entire width of the lot, except for driveways or gateways of necessary width. •- 80,000 .6 4 -Z -67 RESOLUTION NO. 406 (continued) ----------------------------------------------------------------- - - - - -- 18 Front yards shall be landscaped to the satisfaction of the Architectural and Site Control Committee. Back yards along the planned Stevens freeway shall be landscaped to provide adequate screening, to the satisfaction of the Architectural and Site Control Committee 20 The designation of the zone shall be ML -rc, and it shall be so indicated on the Zoning Map. Appendix A to Ordinance 220 (f) of the City of Cupertino shall be amended by adding: "rc = All conditions and findings in Resolution No.406 of the Planning Commission of the City of Cupertino shall apply." PASSED AND ADOPTED this 27th day of March, 1967, at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: Commissioners Bryson; Frolich, Horgan, NAYS: None ABSENT: Commissioner Hirshon AMENDMENT UNANIMOUSLY PASSED AND ADOPTED this 11th day of April, 1967 at an adjourned meeting of the Planning Commission of the City of Cupertino, State of California. APPROVED: /s/ John W. Buthernuth Vice Chairman Planning Commission ATTEST: /s/ Adde Laurin Director of Planning 199 IWE •g In 200 EXHIBIT "C" (Ordinance No.360) 4 —Z -67 ML -rc districts are intended to shape the light industrial park setting by establishing uniform standards for development and landscaping. Regulations found in the other sections of this chapter shall apply to properties zoned ML -rc, unless otherwise stated in this section. A. Permitted Uses. Only the following uses shall be permitted in an ML -rc zonina district: 1. PROFESSIONAL OR ADMINISTRATIVE OFFICES 2. LABORATORIES 3. WHOLESALER SHOWROOMS 4. RESEARCH AND VALUATION FIRMS 5. ELECTRONIC COMPONENTS AND ASSEMPLY 6. PRINTING & PUBLISHING 7. TESTING LABORATORIES 8. OPTICAL INDUSTRIES 9. SPORTING & ATHLETIC GOODS — WHOLESALE 10. ENCLOSED WAREHOUSING 11. CONTRACTERS OFFICES 12. COLD STORAGE FACILITIES & FROZEN FOOD LOCKERS 13. TELEVISION, RADIO & MOTION PICTURE STUDIOS 14. STENOGRAPHIC AND DUPLICATING SERVICES 15. DELIVERY SERVICES & DISTRIBUTION 16. WHOLESALE AND STORAGE WITHIN COMPLETELY ENCLOSED BUILDINGS, EXCLUDING PETROLEUM PRODUCTS 17. PUBLIC UTILITIES OFFICES 18. DRY CLEANING ESTABLISHMENTS 19. COMMERCIAL PHOTOGRAPHY 20. WHOLESALE IMPORTERS 21. PRECISION INSTRUMENTS MANUFACTURE 22. AUDIO — VISUAL AID EQUIPMENT MANUFACTURE 23. COMPUTER SERVICES & DATA PROCESSING 24. FILM PROCESSING 25. OFFICE SUPPLIES & EQUIPMENT SALES & SERVICES 201 26. LIGHT MACHINERY, TOOLS AND EQUIPMENT SALES & SERVICE 27. GYMNASIUM, HEALTH CLUB 28. MUNICIPAL OR GOVERNMENTAL FACILITES 29. All uses permitted in a general commercial (CG) zone as provided in Section 19.56.030 of this title, other than excluded uses in Section 19.60.080C, provided that they are auxiliary or subsidiary to or an essential part of an established operation or use permitted by this chapter including, but not limited to, personal services, retail establishments, and recreation facilities located on the same lot as the principal use, and which exist solely for the convenience of persons employed in or customers of the principal use; B. Conditional Uses. The following uses may be conditionally allowed in the ML -rc zoning district subject to the issuance of a conditional use permit by the Planning Commission or a superior body. 1. Existing churches approved by the City with a conditional use permit in existence prior to the effective date of this Ordinance on December 1, 2011. 2. Technical colleges with classroom schedules which do not exceed traffic generation rates normally experienced by a Light Industrial /Administrative Office development during the 7 :00 a.m. to 9 :00 a.m., 4 :00 to 6 :00 p.m, and 7 :00 p.m. to 10 p.m. periods. The on -site enrollment shall not exceed two students for each parking space during the day program from 7 :00 a.m. to 6 :00 p.m. and the evening program from 7:00 p.m. to 10:00 p.m. C. Excluded Uses. The following uses shall not be permitted in ML -rc zonina districts: 1. Excluded uses in the ML zone per Section 19,60.050 2. School (preschool, kindergarten through grade twelve (K -12), specialized school, general acute care hospital (e.g., any nursing facility, intermediate care facility, congregate living health facility), long -term health care facility, child day care facility including day care centers, employer- sponsored child care centers, adult day care, family day care homes, and uses or facilities defined per in Health and Safety Code Sections 1250 or 1418 or 1596.750 and Education Code Section 17323(c) which may be utilized by sensitive receptors as defined by Public Resources Code Section 42100(c). 202 Exhibit: B (Deletions are stf:ue k t4r -au ^' additions are underlined CHAPTER 19.60: LIGHT INDUSTRIAL (ML) ZONES Section 19.60.010 Purpose. 19.60.020 Applicability of regulations. 19.60.030 Permitted uses. 19.60.040 Conditional uses. 19.60.050 Excluded uses. 19.60.060 Restrictions related to emissions. 19.60.070 Site development regulations. 19.60.080 Parking and loading standards — Conditional use permit. 19.60.090 Architectural and site review. P 19.60.010 Purpose. The purpose of the light industrial (ML) zoning district is to provide for, and regulate, certain industrial uses which are incompatible with commercial and residential uses but perform important storage, manufacturing or servicing functions for such commercial and residential uses in the City. Light industrial uses are allowed because of the need for sites for small industries, and because the characteristics of the permitted industrial uses are likely to be similar to many permitted commercial uses. The uses permitted in this zone often create some objectionable impacts such as noise and large volumes of truck traffic, but are essential uses in an urban economy. The property in this zone should be located near central business areas, near arterial traffic routes, along railroad lines, or where specialized services for residential areas should be concentrated. Activities and hazardous materials that may be used in the light industrial zoning district are specifically incompatible with schools, daycare centers, convalescent care centers and other sensitive receptors and such sensitive receptors are prohibited from this zoning district. (Ord. 1601, Exh. A (part), 1992) 203 i 1 19.60.020 Applicability of Regulations. No building, structure, or land shall be used, and no building or structure shall be erected, structurally altered, or enlarged in an ML zone, otherwise than in conformance with the provisions of this chapter and other applicable provisions of this title. (Ord. 1601, Exh. A (part), 1992) P 19.60.030 Permitted Uses. The following uses shall be permitted in an ML zoning district: A. Manufacturing, processing, assembly, research and development factories, laboratories, shops, and other uses which, in the opinion of the Director of Community Development are similar to the above uses, and which do not create undue adverse impacts due to the effects of glare, noise, dust, or any other emission within the premises as provided in Section 19.60.060 of this chapter; B. Automobile, trailer, tire and boat sales, rentals, service, repair and storage, including body and upholstery shops, but limited to new and used vehicles in operable condition and new, reconditioned and used parts, if stored inside a building; C. Commercial parking lots and parking garages; D. Warehouses; E. Wholesale and storage activities within completely enclosed buildings; F. Packing and crating establishments; G. Auction houses, used furniture sales, feed sales, cold storage facilities, including frozen food lockers; H. Home, garden and farm equipment and appliance sales and rentals; L Machinery sales and rentals, including heavy construction equipment; J. Repair and service shops for light machinery, household appliances and apparel; K. Lumberyards, building material sales, ice, coal and wood sales, carpenter and cabinet shops; L. Nurseries and greenhouses; M. Dry cleaning plants and similar establishments, provided that the solvent used in the cleaning process shall not be used or stored in any manner not approved by the State Fire Marshal; 204 N. Animal clinics and hospitals, facilities for bathing, clipping, trimming, and similar services for pets; kennels; taxidermists; O. Television, radio and motion picture studios and stations; P. Public utility facilities and service yards, and associated buildings, communications and equipment buildings, corporation yards, contractors' and plumbers' shops, and storage yards; Q. All uses permitted in a general commercial (GC) zone as provided in Section 19.56.030 of this title, provided that they are auxiliary or subsidiary to or an essential part of an established operation or use permitted by this chapter including, but not limited to, personal services, retail establishments, and recreation facilities located on the same lot as the principal use, and which exist solely for the convenience of persons employed in or customers of the principal use; R. Notwithstanding the provision of Section 19.60.030Q above, the following commercial uses are permitted as independent operations: 1. Stenographic or duplicating services, 2. Messenger or telegraph offices, 3. Delivery services, 4. Janitorial services; S. Residential dwellings for caretakers or watchmen employed for the protection of the principal permitted use, provided they are located on the same lot as the principal permitted use. (Ord. 1601, Exh. A (part), 1992) P 19.60.040 Conditional Uses. The following uses may be conditionally allowed in the ML zoning district subject to the issuance of a conditional use permit: A. Issued by the Planning Commission: 1. Automobile service station and commercial car - washing facilities, 2. Gasoline and diesel fuel pumps, whether utilized as a principal use or as an accessory use, 3. Caterers, 4. Commercial entertainment establishments operated wholly or partly in the open (e.g., drive -in theaters, golf driving ranges, and miniature golf courses), 205 5. Swim clubs, swim schools, and commercial swimming pools, 6. Retail sales of mixed concrete sold in batches not exceeding one cubic yard, 7. Stone cutting, monument manufacture, 8. Mortuaries, 9. Heliports as accessory uses, 10. Manufacture of radioactive material, provided that emissions do not exceed permissible levels established by Federal or State standards, 11. Other uses which, in the opinion of the Planning Commission, are consistent with the character of an ML zone, and do not exceed the levels of odor, noise, dust, smoke, glare, fumes, radiation or vibration described in Section 19.60.060 of this chapter; B. Issued by the Director of Community Development: 1. Under the provisions of Section 19.60.030, for any industrial use where the number of parking spaces exceeds one per five hundred feet of net lot area, upon a determination that the use will not have an adverse impact upon the City's street and circulation system, and is consistent with the City's noise ordinance. (Ord. 1601, Exh. A (part), 1992) 1 119.60.050 Excluded Uses. A. The following uses shall not be permitted in ML zones: 1. Bag cleaning, blast furnace, boiler or tank works, candle factory, cannery, central mixing plant for cement, mortar, plaster or paving materials, coke oven, curing, tanning or storage of raw hides or skins, distillation of bones, coal or wood, distillation of tar, drilling for oil, gas or other hydrocarbon substances, dumping, disposal, incineration or reduction of garbage, sewage, offal, dead animals or refuse, fat rendering, forge plant, foundry or metal fabrication plant, hog farms, junk yards or the baling of rags or junk, pumping, refining or wholesale storage of crude petroleum, slaughtering of animals, smelting of copper, iron, tin, zinc or other ores, steam power plant, stockyard, stone mill or quarry, sugar refining, wool pulling or scouring; 2. Manufacture of acetylene, acid, alcohol, alcoholic beverages, ammonia, bleaching powder, chlorine, chemicals, soda or soda compounds, brick pottery, terra cotta or tile (except handcraft products only), candles, celluloid or pyroxlin (treatment of same), cement, gypsum, lime or plaster of paris, chewing tobacco (or treatment of same), disinfectants, dyestuffs, emery cloth or sandpaper, explosives, fireworks or gunpowder (or storage of same), fertilizer, glass, glue, gelatin, grease, lard or tallow (manufactured or refined from or of animal fat); illumination of heating gas (or storage of same), insecticides, lampblack, linoleum, oilcloth or oiled products, 206 linseed oil, paint, oil, shellac, turpentine or varnish (except mixing); matches, paper or pulp, pickles, sauerkraut or vinegar, potash products, rubber or gutta percha products (or treatment of same), shoe polish, soap (other than liquid soap), starch, glucose or dextrin, stove polish, tar roofing or waterproofing or other tar products, yeast; 3. Commercial excavating of building or construction materials. (Ord. 1601, Exh. A (part), 1992) F! 19.60.060 Restrictions Related to Emissions. Emissions of noise, vibrations, radiation, light, smoke, fumes or gas, odor, dust and toxic waste shall be limited to quantities indicated in this section. The limitations shall apply at any point outside the boundary of each lot in an ML zone, the boundary assumed, for the purpose of this title, to extend in a vertical plane and below ground. In case of further subdivision or lot split, the limitations shall not apply outside any resulting lot. A. Vibration. Vibrations in the nonaudible range shall not be of such intensity that they can be perceived without instruments. B. Radiation. Electromagnetic radiation shall not result in perceptible disturbance of television or radio reception. C. Light. The intensity of light at the boundary of each lot shall not exceed seventy -five foot lamberts from a source of direct light, or one hundred foot lamberts from a source of reflected light. The intensity of light at the boundary of an industrial zone, or an industrial area in a planned development (P) zone, shall not exceed fifty foot lamberts from a source of direct light, or seventy -five foot lamberts from a source of reflected light. D. Smoke. No emission shall be permitted, from any or chimney or otherwise, of visible grey smoke of a shade equal to or darker than No. 1 on the Power's Micro- Ringelmann Chart, published by McGraw -Hill Publishing Company, Inc. and copyrighted in 1954 (being a direct facsimile reproduction of a standard Ringelmann Chart as issued by the United State Bureau of Mines); except that a visible grey smoke of a shade equal to No. 2 on such a chart may be emitted for four minutes in any thirty minutes. E. Fumes and Gas. Any toxic or irritating ingredients in emitted fumes or gas shall not exceed ten percent of the concentration indicated in "General Safety Order" issued by State of California, Department of Industrial Relations, Division of Industrial Safety (reprinted January 1964). Collection of heavy gases at ground level shall be prevented. F. Odor. No emission of odorous gases or other odorous matter shall be permitted in such quantities as to be readily detectable when diluted in the ratio of one volume of odorous air of liquid or solid matter to two volumes of clean air. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail. There is established as a guide in 207 determining such quantities of offensive odors, Table 111, Odors Thresholds, in Chapter 5 of Air Pollution Abatement Manual, copyrighted in 1951 by Manufacturing Chemists Association, Inc., Washington, D.C. G. Dust and Other Solid Particles. No emission shall be pennitted which can cause any damage to health, animals, vegetation or other forms of property. No emission shall be pennitted in excess of fifty percent of the standards specified in Table I, Chapter 5 of Industrial Hygiene Standards, Maximum Allowable Concentrations of the Air Pollution Abatement Manual, copyrighted in 1951 by Manufacturing Chemists Association, Inc., Washington, D.C. In no event shall any emission, from any chimney or otherwise, exceed one -tenth of a grain (0.1 grain) per cubic foot of the conveying gas. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of five hundred degrees Fahrenheit and fifty percent excess air. H. Wastes. No discharge into any public sewer, private sewage disposal system, or stream, or into the ground, of any materials of such nature or temperature as can contaminate any water supply, interfere with bacterial processes in sewage treatment, corrode or otherwise damage sewers or pipelines, or otherwise cause the emission of dangerous or offensive elements, shall be permitted, except in accord with standards approved by the California Department of Public Health or other such governmental agency as shall have jurisdiction of such activities. In addition, solid, liquid or gaseous toxic wastes shall not exceed ten percent of the concentration indicated in the General Safety Order issued by the State of California, Department of Industrial Relations, Division of Industrial Safety (reprinted January 1964). L Garbage removal shall be made in such a way that emissions from garbage trucks do not exceed the quantities or concentrations set forth in this section. (Ord. 1601, Exh. A (part), 1992) l ? 19.60.070 Site Development Regulations. A. Height of Buildings and Structures. Except as otherwise provided by the General Plan, the maximum height of a principal building /structure in an ML zoning district is two stories, not to exceed forty feet, and of an accessory building in that zone is one story not to exceed fifteen feet. B. Lot Area Shape and Coverage. 1. Lot Area. The minimum lot area of a lot in a light industrial (ML) zoning district is ten thousand square feet. Each lot in an ML zone shall be designated with a number after a dash in the ML zoning symbol representing the minimum number of square feet (in thousands) allowed for such lot. 2. Lot Shape. Each lot in an ML zoning district shall have such shape that a square with a side of one hundred feet can be inscribed within the lot. 1: 3. Maximum Building/Structure Coverage. The maximum lot coverage for buildings and structures in an ML zoning district is forty percent of the net lot area. C. Required Setbacks. 1. Front Yard. Minimum front -yard setback shall be twenty -five feet. 2. Side Yard. No minimum side -yard setback shall be required where a lot in an ML zoning district abuts another lot zoned ML or transportation (T); otherwise, the minimum side -yard setback is fifteen feet, subject, however, to the provisions contained in Section 19.60.070 C4. 3. Rear Yard. No minimum rear -yard setback shall be required where a lot in an ML zoning district abuts another lot zoned ML or a lot zoned transportation (T); otherwise, the minimum rear -yard setback is twenty feet, subject, however, to the provisions contained in Section 19.60.070 C4. 4. When Adjacent to (R) or (A -1) Zones. When a lot in an ML zoning district is adjacent to or separated by a street from an area zoned (R) residential or (A -1) agricultural- residential, all minimum yard setbacks shall be fifty feet. Twenty -five feet of any yard nearest any lot line shall be used and maintained only as a landscaping, planting or screening strip (except for access ways). The remainder of any such yard may be used only for off - street parking, or shall be maintained as a landscaping planting strip in the same manner as the first twenty -five feet. 5. Additional Setback Requirement. No part higher than twenty feet of a building in an ML zoning district shall be closer to a lot line than one -half of its height. (Ord. 1601, Exh. A (part), 1992) 19.60.080 Use and Development Regulations(ML-rc). ML -rc districts are intended to shape the light industrial park setting by establishing uniform standards for development and landscaping. Regulations found in the other sections of this chapter shall apply to properties zoned ML -rc, unless otherwise stated in this section. D. Permitted Uses. Only the following uses shall be permitted in an ML -rc zoning district: 1. Professional or administrative offices 2. Laboratories 3. Wholesaler Showrooms 4. Research and Valuation Firms 5. Electronic components and assembly 6. Printing & Publishing 7. Testing Laboratories 8. Optical Industries 209 9. Sporting & Athletic Goods Wholesale 10. Enclosed Warehousing 11. Contractor's offices 12. Cold Storage Facilities & Frozen Food Lockers 13. Television, Radio & Motion Picture Studios 14. Stenographic and Duplicating Services 15. Delivery Services & Distribution 16. Wholesale and storage within completely enclosed buildings, excluding petroleum products. 17. Public Utilities Offices 18. Dry Cleaning Establishments 19. Commercial Photography 20. Wholesale huporters 21. Precision instruments manufacture 22. Audio - -- Visual Equipment Manufacture 23. Computer Services & Data Processing 24. Film processing 25. Office Supplies & Equipment Sales & Services 26. Light Machinery, Tools and Equipment Sales & Services 27. Gymnasium, Health Club 28. Municipal or Governmental Facilities 29. All uses permitted in a general commercial (CG) as provided in Section 19.56.030 of this title, other than excluded uses in Section 19.60.080C, provided that they are auxiliary or subsidiary to or an essential part of an established operation or use permitted by this chapter including, but not limited to, personal services, retail establishments, and recreation facilities located on the same lot as the principal use, and which exist solely for the convenience of persons employed in or customers of the principal use, B. Conditional Uses. The following uses may be conditionally allowed in the ML -rc zoning district subject to the issuance of a conditional use permit by the Planning Commission or a superior body_ 3. Existing churches approved by the City with a conditional use permit in existence prior to the effective date of this Ordinance on December 1, 2011. 4. Technical colleges with classroom schedules which do not exceed traffic generation rates normally experienced by a Light Industrial /Administrative Office development during 210 the 7:00 a.m. to 9:00 a.m., 4:00 to 6:00 p.m, and 7:00 p.m. to 10:00 p.m. periods. The on- site enrollment shall not exceed two students for each parking space during the day program from 7:00 a.m. to 6:00 p.m. and the evening program from 7:00 p.m. to 10:00 p.m. C. Excluded Uses. The following uses shall not be permitted in ML -rc zoning districts: 1. Excluded uses in the ML zone per Section 19,60.050 2. School (preschool, kindergarten through grade twelve (K -12), specialized school, general acute care hospital (e.g., any nursing g acility, intermediate care facility, congregate living health facility), long -teen health care facility, child day care facility including day care centers, employer- sponsored child care centers, adult day care, family day care homes, and uses or facilities defined per in Health and Safely Code Sections 1250 or 1418 or 1596.750 and Education Code Section 17323(c) which may be utilized by sensitive receptors as defined by Public Resources Code Section 42100(c). D. Driveway Access. There shall be no direct vehicular access from ML -rc zoned lots to Stevens Creek Boulevard and McClellan Road, and no street connection with McClellan Road between Highway 85 and the railroad line. E. Unenclosed industrial activities, including loading, unloading and parking of delivery vehicles, shall be located in the rear or side yards of the property and screened from public street view. F. Landscaping. Front yards shall be landscaped and rear yards facing Highway 85 shall be screened by landscaping from public street view. P 19.60.08090 Parking and Loading Standards — Conditional Use Permit. Parking and loading standards in an ML zoning district shall be as provided by this title; provided, however, where the number of parking spaces for any lot in an ML zoning district exceeds one per five hundred square feet of total lot area, the use shall be subject to the issuance of a conditional use permit as provided in Section 19.60.040B. P 19.60.010 Architectural and Site Review. No building or structure shall be erected without Planning Commission review according to Chapters 2.32 and 19.134. No building, structure, landscaping, parking plan or sign shall be structurally altered or enlarged in an ML zone without architectural and site review before the Design Review Committee pursuant to Chapters 2.90 and 19.134 of this code. (Ord. 1844, § 1 (part), 2000; Ord. 1779, § 1 (A), 1998) 211 ATTACHMENT B AN ORDINANCE OF • CITY COUNCIL REZONING . PARCEL OF , AND ITS FRONTING OF 0.189 ACRE LOCATED AT 10340 BUBB ROAD, APN 357-20-019 WHEREAS, an application was received by the City (Application no. Z- 2011 -01) for the rezoning of a property from BQ (Quasi- Public Building) to ML -rc (West Valley Light Industrial); and WHEREAS, the rezoning will be consistent with the City's General Plan land use map, proposed uses and surrounding uses; and WHEREAS, upon due notice and after one public hearing the Planning Commission recommended to the City Council that the rezoning be granted; and WHEREAS, a map of the subject property is attached hereto as Exhibit A, as a proposed amendment to the Master Zoning Map of the City of Cupertino. NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: Section 1. That the property described in attached Exhibits A & B, are hereby rezoned to: ML -rc (West Valley Light Industrial); and that Exhibit A attached hereto is made part of the Master Zoning Map of the City of Cupertino; and Section 2. This ordinance shall take effect and be in force thirty (30) days after its passage. INTRODUCED at a regular adjourned meeting of the City Council of the City of Cupertino the 13th day of October, 2011 and ENACTED at a regular meeting of the City Council of the City of Cupertino the day of , 2011, by the following vote: Vote: Members of the City Council: AYES: NOES: ABSENT: ATTEST: APPROVED: City Clerk G; \ Planning \ PDReport \ ORD \ Z- 2011 -01 ord.doc Mayor, City of Cupertino 212 cQ \ �_ c \ (PARCEL "A ", 295 —M -42) C( \ T o : IrG c1� 2 O G. \ �G 1 I SCALE: 1"=100' FEB 4, 2011 LEGEND PROPERTY LINE ----- - - - - -- -- EASEMENT LINE - — CENTER LINE \ - POINT OF BEGINNING - N8'1 0'32"E 357 °20°03 8 'PARCEL "A ", 383 - M - 40) BASIS OF BEARINGS: THE BEARING, N18 °58'09 "W, OF THE CENTER LINE BUBB ROAD, AS SHOWN ON THAT CERTAIN MAP FILED IN THE OFFICE OF THE RECORDER OF SANTA CLARA COUNTY, STATE OF CALIFORNIA, IN BOOK 295 OF MAPS AT PAGE 42, WAS USED AS THE BASIS Or BEARINGS SHOWN ON THIS MAP. EXHIBIT "At', )03qo BUBB ROAD CUPERTINO, CA LAND ItA SCI Ex .12Z31111 S NO. L8235 \P T9T OF CPS \F��/ 2625 MIDDLEFIELD RD #658 TEL: (650) 823 ®6466 & ASSOCIATES PALO ALTO, CA 94306 FAX: (650) 887 ®0321 213 PARCEL ONE Lk` o 1, , (PARCEL B", 295 —M -42) Ln! I d Q ®i Q ; o .� c1� 2 O G. \ �G 1 I SCALE: 1"=100' FEB 4, 2011 LEGEND PROPERTY LINE ----- - - - - -- -- EASEMENT LINE - — CENTER LINE \ - POINT OF BEGINNING - N8'1 0'32"E 357 °20°03 8 'PARCEL "A ", 383 - M - 40) BASIS OF BEARINGS: THE BEARING, N18 °58'09 "W, OF THE CENTER LINE BUBB ROAD, AS SHOWN ON THAT CERTAIN MAP FILED IN THE OFFICE OF THE RECORDER OF SANTA CLARA COUNTY, STATE OF CALIFORNIA, IN BOOK 295 OF MAPS AT PAGE 42, WAS USED AS THE BASIS Or BEARINGS SHOWN ON THIS MAP. EXHIBIT "At', )03qo BUBB ROAD CUPERTINO, CA LAND ItA SCI Ex .12Z31111 S NO. L8235 \P T9T OF CPS \F��/ 2625 MIDDLEFIELD RD #658 TEL: (650) 823 ®6466 & ASSOCIATES PALO ALTO, CA 94306 FAX: (650) 887 ®0321 213 All of Parcel "B" as shown on that certain Map entitled "Parcel Map, C ' onsisting of One (1) Sheet, City of Cupertino, California", which Map was filed for record in «e< ffice of the Recorder of the County of Santa Clara, State of California on January 20, 1972 in Book 295 of Maps at Page 42 2»222© an area of 1.612 acres, more or less. A portion of the © Bubb Road as shown on that certain Map entitled "Parcel Map, Consisting of One (1) Sheet, City of Cupertino, California", which Map was filed for record \n°©» Office of the Recorder of the County of Santa Clara, State of California on January 20, 1972 in Book 295 of Maps at Page 42, more particularly described as follow: I v .01pit"011171.167 244 4,`'� fps s COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3308 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: November 1, 2011 Subi ect Municipal Code Amendment regarding improving Development Permit Process Recommended Action Conduct second reading and adopt Ordinance No. 11 -2085 (Attachment A) amending the Cupertino Municipal Code Description Application: MCA - 2011 -02 Applicant: City of Cupertino Location: Citywide Application Summary: Municipal Code Amendments to various chapters including Title 19, and the addition of up to four chapters to simplify the development permit process and improve readability. Discussion On October 18, 2011, the City Council conducted the first reading of Ordinance No. 11 -2085 for amendments to the Municipal Code with the following additional changes: ❖ Chapter 19.12 — Administration: o Section 19.12.080(B) — Application Requirements: Added language to allow the Director of Community Development to waive requirements based on the scope of the project for better readability. Deleted this language from Section 19.12.080(B)(11). o Section 19.12.080(8)(11) —Application Requirements: Amended language to allow the Director of Community Development to require additional information within reason. o Section 19.12.080(B)(17) —Application Requirements: Added reference to sign permit application requirements already discussed in Chapter 19.104. o Section 19.12.170(B)(1): Amended language to cover projects where a final notice of decision is not required to be mailed. ❖ Chapter 19.104 —Signs: o Section 19.104.040 — Application Requirements & 19.104.050 — Application — Review Criteria: Added "Sign Permit" in the heading for clarification. 215 o Section 19.104.250 — Temporary — Flags, Garage Sales, Temporary Political Signs and Subdivision Signs: Amended the heading to: Temporary Signs — Flags, Garage Sales, Political Signs and Subdivision Signs, to identify the types of signs discussed as "Temporary Signs." o Section 19.104.260 Temporary —Real Estate and Project Announcement Signs & 19.104.270 - Temporary - Special Event Banners, Promotional Devices, and Portable Signs and Displays: Similar to Section 19.104.250 discussed above, amended the headings to identify the types of signs discussed as "Temporary Signs." In addition, staff is recommending the following modification to make Table 19.108.030 in Chapter 19.108: Beverage Container Redemption And Recycling Centers more readable: ❖ Modify Table 19.108.030 heading to "Permits Required" and ❖ Modify table layout to be more readable by consolidating Types of facilities without any changes to permits required or other standards. Prepared by Piu Ghosh, Associate Planner Reviewed by. Gary Chao, City Planner, Aarti Shrivastava, Community Development Director, and City Attorney's Office Approved for Submission by David W. Knapp, City Manager Attachments: Attachment A: Ordinance No. 11 -2085 Attachment B: Pages from Ordinance No. 11 -2085 showing the amendments discussed 216 ATTACHMENT A Ordinance No. 11 -2085 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING VARIOUS CHAPTERS INCLUDING TITLE 19, AND THE ADDITION OF UP TO FOUR CHAPTERS TO SIMPLIFY THE DEVELOPMENT PERMIT PROCESS AND IMPROVE READABILITY. THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDAINS AS FOLLOWS: Section 1. Statement of Purpose. This ordinance amendment improves readability and consistency with other City ordinances and conformity with State Law. The ordinance amendment also simplifies the development permit process by amending the thresholds of approval and amending public noticing requirements for projects. Section 2. Code AnieudmeuL The Cupertino Municipal Code is amended to read as shown in Attachment A. Section 3. Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsection, sentence clause, phrases or portions be declared valid or unconstitutional. Section 4. Effective Date. This Ordinance shall take effect and be in force thirty (30) days from and after adoption as provided by Government Code Section 36937. Section 5. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall give notice of its adoption as required by law. Pursuant to Government Code Section 36933, a summary of this Ordinance may be published and posted in lieu of publication and posting of the entire text. Section 6. CE A. 217 The project has been deemed exempt from CEQA since none of the ordinance amendments have any environmental impacts. Section 7. Continnit! 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 18th day of October 2011 and ENACTED at a regular meeting of the Cupertino City Council on this 1St day of November 2011 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk APPROVED: Gilbert Wong Mayor, City of Cupertino -2- 218 Table of Contents TITLE 2: ADMINISTRATION AND PERSONNEL CHAPTER 2.90: DESIGN REVIEW COMMITTEE TITLE 9: HEALTH AND SANITATION CHAPTER 9.16: RECYCLING AREAS TITLE 14 - STREETS, SIDEWALKS AND LANDSCAPING CHAPTER 14.18 - PROTECTED TREE ORDINANCE TITLE 16 - BUILDINGS AND CONSTRUCTION TITLE 17: RESERVED TITLE 18: SUBDIVISIONS CHAPTER 18.04: GENERAL PROVISIONS CHAPTER 18.08: DEFINITIONS AND RESPONSIBILITIES CHAPTER 18.12: MAPS REQUIRED CHAPTER 18.16: SUBDIVISION MAPS (FIVE OR MORE PARCELS) CHAPTER 18.20: PARCEL MAPS (FOUR OR LESS PARCELS) CHAPTER 18.24: DEDICATIONS AND RESERVATIONS CHAPTER 18.28: VESTING TENTATIVE SUBDIVISION MAPS CHAPTER 18.32: SUBDIVISION IMPROVEMENTS CHAPTER 18.36: REVERSIONS TO ACREAGE CHAPTER 18.40: PARCEL MERGERS CHAPTER 18.44: CORRECTION AND AMENDMENTS OF MAPS CHAPTER 18.48: ENFORCEMENT OF ARTICLE PROVISIONS CHAPTER 18.52: HILLSIDE SUBDIVISIONS CHAPTER 18.56: STREET FACILITY REIMBURSEMENT CHARGES TITLE 19 - ZONING CHAPTER 19.04: GENERAL PROVISIONS CHAPTER 19.08: DEFINITIONS -3- 219 CHAPTER 19.12: ADMINISTRATION CHAPTER 19.16: DESIGNATIONS AND ESTABLISHMENT OF DISTRICTS CHAPTER 19.20: PERMITTED, CONDITIONAL AND EXCLUDED USES IN AGRICULTURAL AND RESIDENTIAL ZONES CHAPTER 19.24: AGRICULTURAL (A) ZONES CHAPTER 19.28: SINGLE - FAMILY RESIDENTIAL (R1) ZONES CHAPTER 19.32: RESIDENTIAL DUPLEX (R -2) ZONES CHAPTER 19.36: MULTIPLE - FAMILY RESIDENTIAL (R -3) ZONES CHAPTER 19.40: RESIDENTIAL HILLSIDE (RHS) ZONES* CHAPTER 19.44: RESIDENTIAL SINGLE - FAMILY CLUSTER (RIC)ZONES CHAPTER 19.48: FENCES CHAPTER 19.52: REASONABLE ACCOMMODATION CHAPTER 19.56: DENSITY BONUSCHAPTER 19.60: GENERAL COMMERCIAL (CG) ZONES* CHAPTER 19.64: PERMITTED, CONDITIONAL AND EXCLUDED USES IN OFFICE AND INDUSTRIAL ZONES CHAPTER 19.68: ADMINISTRATIVE AND PROFESSIONAL OFFICE (OA & OP) ZONES CHAPTER 19.72: LIGHT INDUSTRIAL (ML) AND INDUSTRIAL PARK (MP) ZONES CHAPTER 19.76: PUBLIC BUILDING (BA), QUASI PUBLIC BUILDING (BQ) ANDTRANSPORTATION (T) ZONES CHAPTER 19.80: PLANNED DEVELOPMENT (P) ZONES CHAPTER 19.84: PERMITTED, CONDITIONAL AND EXCLUDED USES IN OPEN SPACE, PARK AND RECREATION AND PRIVATE RECREATION ZONES CHAPTER 19.88: OPEN SPACE (OS) ZONES CHAPTER 19.92: PARK AND RECREATION (PR) ZONES CHAPTER 19.96: PRIVATE RECREATION (FP) ZONE CHAPTER 19.100: ACCESSORY BUILDINGS/ STRUCTURES CHAPTER 19.104: SIGNS CHAPTER 19.108: BEVERAGE CONTAINER REDEMPTION AND RECYCLING CENTERS CHAPTER 19.112: SECOND DWELLING UNITS IN R -1, RHS, A AND A -1 ZONES CHAPTER 19.116: CONVERSIONS OF APARTMENT PROJECTS TO COMMUNITY HOUSING PROJECTS -4- 220 CHAPTER 19.120: HOME OCCUPATIONS CHAPTER 19.124: PARKING REGULATIONS CHAPTER 19.128: ADULT ORIENTED COMMERCIAL ACTIVITIES CHAPTER 19.132: CONCURRENT SALE OF ALCOHOLIC BEVERAGES AND GASOLINE CHAPTER 19.136: WIRELESS COMMUNICATIONS FACILITIES CHAPTER 19.140: NONCONFORMING USES AND NONCONFORMING FACILITIES CHAPTER 19.144: DEVELOPMENT AGREEMENTS CHAPTER 19.148: REQUIRED ARTWORK IN PUBLIC AND PRIVATE DEVELOPMENTS CHAPTER 19.152: AMENDMENTS TO THE ZONING MAPS AND ZONING REGULATIONS CHAPTER 19.156: DEVELOPMENT PERMITS, CONDITIONAL USE PERMITS AND VARIANCES CHAPTER 19.160: TEMPORARY USES CHAPTER 19.164: ADMINISTRATIVE APPROVAL OF MINOR CHANGES IN PROJECTS* CHAPTER 19.168: ARCHITECTURAL AND SITE REVIEW* -5- 221 TITLE 2: ADMINISTRATION AND PERSONNEL CHAPTER 2.90: DESIGN REVIEW COMMITTEE Section 2.90.010 Established. 2.90.020 Purpose. 2.90.030 Terms of Office. 2.90.040 Vacancy or Removal. 2.90.050 Chairperson. 2.90.060 Meeting - Quorum. 2.90.070 Licensed Architect. 2.90.080 Records - Agendas. 2.90.090 Powers and Functions. 2.90.100 Procedural Rules. 2.90.110 Effect. 2.90.010 Established. The Design Review Committee (DRC) is established. The DRC shall consist of the Planning Commission Vice Chair and one additional Planning Commission representative, to be appointed by the Planning Commission. One additional member of the Planning Commission shall be designated to serve as an alternate in the absence of a Planning Commission member. This alternate member shall be selected by the Planning Commission. (Ord. 1844, ? 1 (part), 2000; Ord. 1817, ? 1 (part), 1999) 2.90.020 Purpose. The Design Review Committee shall endeavor to reduce the Planning Commission's workload by simplifying its design review responsibilities and incorporating professional architectural advice where it adds value to the design review process. The Design Review Committee shall include all aspects of site and architectural design, including: A. The relationship of the building to its surrounding land uses and the street; B. Compliance with adopted height limits, setbacks, architectural and landscape design guidelines; C. Protection of surrounding land uses and the subject uses from intrusive impacts, such as, noise, glare, dust, chemicals, smells and visual disturbances; D. Providing adequate parking and circulation for vehicles and pedestrians; -6- 222 E. The overall quality and compatibility of the building materials and architecture with the surroundings. (Ord. 1844, ? 1 (part), 2000) 2.90.030 Terms of Office. All Design Review members shall have a term of one year, expiring on January 15th of each year, or until a successor is duly appointed. (Ord. 1844, ? 1 (part), 2000; Ord. 1817, ? 1 (part), 1999) 2.90.040 Vacancy or Removal. Any Design Review Committee member may be removed from the committee by a majority vote of the City Council. If a vacancy occurs including an expiration of a term, it shall be appointed by the Planning Commission. (Ord. 1844, ? 1 (part), 2000; Ord. 1817, ? 1 (part), 1999) 2.90.050 Chairperson. The chairperson shall be the Planning Commission Vice Chair. The term shall be one year and shall begin on January 15th and be complete on January 15th of the following year, or until a successor is duly appointed. (Ord. 1844, ? 1 (part), 2000; Ord. 1817, ? 1 (part), 1999) 2.90.060 Meeting - Quorum. A. The DRC shall meet at dates and times prescribed by the committee. Meetings shall be held at City Hall, 10300 Torre Avenue, Cupertino, California. The committee may adjourn any regular meeting to a date certain, which shall be specified in the order of adjournment. When so adjourned, such meeting shall be a regular meeting for all purpose. B. Special meetings of the committee may be called at any time by the chairperson or by any member of the committee upon written notice being given to all members at least twenty -four hours prior to the meeting, unless notice is waived in writing by each member. C. Two Design Review Committee members or one member and the designated alternate shall be present to constitute a quorum for the purpose of transacting the business of the committee. A majority vote of the quorum is required to approve any decision of the committee. A tie vote constitutes a denial of any application or request. (Ord. 1844, ? 1 (part), 2000; Ord. 1817, ? 1 (part), 1999) -7- 223 2.90.070 Licensed Architect. A licensed architect shall make recommendations to the committee. The architect shall be selected by the City Council and shall be compensated based upon a contract with the City for a period not exceeding two years. (Ord. 1844, ? 1 (part), 2000; Ord. 1817, ? 1 (part), 1999) 2.90.080 Records - Agendas. A. The committee shall keep an accurate record of its proceedings and transactions and shall render such reports to the City Council and Planning Commission directly after each meeting. The appeal of said decision is governed by Chapter 19.12, Administration, of the zoning code. The committee shall also comply with all requirements of the State of California Open Meeting Law ( the Brown Act), including the preparation and posting of meeting agendas. B. The committee shall be furnished with a secretary employed by the City to keep accurate records of the committee. All records so prepared by the secretary shall be filed with the City Clerk. (Ord. 1844, ? 1 (part), 2000; Ord. 1817, ? 1 (part), 1999) 2.90.090 Powers and Functions. The powers and functions of the DRC are as identified in Chapter 19.12 and perform other functions as the City Council requires. 2.90.100 Procedural Rules. The DRC may adopt from time to time such rules or procedures as it may deem necessary to properly exercise its powers and functions. Such rules shall be subject to approval by the City Council before becoming effective. All such rules shall be kept on file with the chairperson of DRC and the City Clerk and a copy of the rules shall be furnished to any person upon request. (Ord. 1844, ? 1 (part), 2000; Ord. 1817, ? 1 (part), 1999) 2.90.110 Effect. Nothing in this chapter shall be construed as restricting or curtailing any powers of the City Council, Planning Commission or City officers. (Ord. 1844, ? 1 (part), 2000; Ord. 1817, ? 1 (part), 1999) M 224 TITLE 9 - HEALTH AND SANITATION CHAPTER 9.16: RECYCLING AREAS Section 9.16.010 Purpose. 9.16.020 Definitions. 9.16.030Applicability of Regulations. 9.16.040 Site Development Regulations. 9.16.050 Maintenance and Collection. 9.16.060 Violation - Penalty. 9.16.010 Purpose. A. All cities and counties are under a legal obligation to meet the provisions of the California Integrated Waste Management Act (AB 939), which requires that by January 1, 2000, fifty percent of the solid waste generated must be diverted through source reduction, recycling and composting activities. To divert fifty percent of all solid waste requires the participation of the residential, commercial, industrial and public sectors. B. The lack of adequate areas for collecting and loading recyclable materials that are compatible with surrounding land uses is a significant impediment to diverting solid waste and constitutes an urgent need for State and local agencies to address access to solid waste for source reduction, recycling and composting activities. The State Legislature, in passing the California Solid Waste Reuse and Recycling Access Act of 1991 (AB 1327), requires all local agencies to adopt an ordinance by September 1, 1994 relating to adequate areas for collecting and loading recyclable materials in development projects. If the local agency fails to act by the deadline, the law requires the agency to enforce the State's model ordinance. The model ordinance has been revised to fit local conditions, but otherwise complies with AB 1327. (Ord. 1671, (part), 1994) 9.16.020 Definitions. As used in this chapter: A. "Development project" means any of the following: 1. A project for which a building permit is required for a commercial, industrial, institutional or quasi - public building, or residential building having five or more living units, where solid waste is collected and loaded. 225 2. Any residential project where solid waste is collected and loaded in a location serving five or more living units. 3. Any new public facility where solid waste is collected and loaded, including any improvements to the areas of a public facility which are used for collecting and loading solid waste. 4. Any subdivisions or tracts of single - family detached homes if, within such subdivisions or tracts there is an area where solid waste is collected and loaded in a location which serves five or more living units. In such instances, recycling areas as specified in this chapter are only required to serve the needs of the living units which utilize the solid waste collection and loading area. B. "Improvement" means a site or building change which adds to the value of a facility, prolongs its useful life, or adapts it to new uses. Improvements do not include repairs which keep facilities in good operating condition, but do not materially add to the value of the facility, and do not substantially extend the life of the facility. C. "Public facility" means, but is not limited to, buildings, structures and outdoor recreation areas owned by a local agency. D. "Recycling area' means space allocated for collecting and loading of recyclable materials. Such areas shall have the ability to accommodate receptacles for recyclable materials. Recycling areas shall be accessible and convenient for those who deposit as well as those who collect and load the recyclable materials placed in the receptacles for such materials. E. "Recyclable material' means discards or waste materials that may be separated or mixed, collected and processed, and used as raw materials for new products. For purposes of this chapter, recyclable materials include any discard or waste material for which there is currently a feasible collection system available. (Ord. 1671, (part), 1994) 9.16.030 Applicability of Regulations. The site development regulations prescribed in Section 9.16.040 shall apply to all development projects which meet the following criteria: A. Any new development project for which an application for a building permit is submitted on or after September 1, 1994; B. Any improvements to areas of a public facility used for collecting and loading solid waste; -10- 226 C. Any existing development project for which an application for a building permit is submitted on or after September 1, 1994 for a single alteration which is subsequently performed that adds thirty percent or more to the existing floor area of the development project; D. Any existing development project for which an application for a building permit is submitted on or after September 1, 1994 for multiple alterations which are conducted within a twelve -month period which collectively add thirty percent or more to the existing floor area of the development project; E. Any existing development project for which multiple applications for building permits are submitted within a twelve -month period beginning on or after September 1, 1994 for multiple alterations which are subsequently performed that collectively add thirty percent or more to the existing floor area of the development project; F. Any existing development project occupied by multiple tenants, one of which submits on or after September 1, 1994 an application for a building permit for a single alteration which is subsequently performed that adds thirty percent or more to the existing floor area of that portion of the development project which the tenant leases; G. Any existing development project occupied by multiple tenants, one of which submits on or after September 1, 1994 an application for a building permit for multiple alterations which are conducted within a twelve -month period which collectively add thirty percent or more to the existing floor area of that portion of the development project which the tenant leases; and H. Any existing development project occupied by multiple tenants, one of which submits within a twelve -month period beginning on or after September 1, 1994 multiple applications for building permits for multiple alterations which are subsequently performed that collectively add thirty percent or more the existing floor area of that portion of the development project which the tenant leases. (Ord. 1671, (part), 1994) 9.16.040 Site Development Regulations. Development projects as provided for in Section 9.16.030 shall provide adequate, accessible and convenient areas for collecting and loading recyclable materials. Structures built to enclose recycling containers, bins and areas are considered accessory structures and are thus subject to the provisions of Chapter 19.80. A. Recycling areas shall not be located in any area required to be constructed or maintained as unencumbered, according to any applicable federal, state or local laws relating to fire, access, building, transportation, circulation or safety. - 11 - 227 B. Recycling areas shall be located so they are at least as convenient for those persons who deposit, collect and load the recyclable materials placed in the receptacles as the location(s) where solid waste is collected and loaded. Whenever feasible, areas for collecting and loading recyclable materials shall be adjacent to the solid waste collection areas. C. The development of recycling areas shall generally comply with the site and design guidelines adopted in City Council Resolution No. 9219. D. Any costs associated with adding recycling space to existing development projects shall be the responsibility of the project applicant. E. Recycling areas for existing multiple tenant development projects shall, at a minimum, be sufficient in capacity, number, and distribution to serve that portion of the development project leased by the tenant who submitted an application resulting in the requirement of a recycling area under Section 9.16.030 of this chapter. (Ord. 1671, (part), 1994) 9.16.050 Maintenance and Collection. Recyclable materials shall not be allowed to accumulate such that a visual or public health or safety nuisance is created. The property owner is responsible for arranging the pickup of recyclable materials by the recycling contractor. Maintenance of each recycling and trash enclosure is also the responsibility of the property owner. The recycling and solid waste contractors are responsible for maintenance of their respective bins and containers. (Ord. 1671, (part), 1994) 9.16.050 Violation - Penalty. Any person who violates the provisions of this chapter shall be guilty of an infraction and upon conviction thereof shall be punished as provided in Chapter 1.12 of this code. (Ord. 1671, (part), 1994) -12- 228 TITLE 14 - STREETS, SIDEWALKS AND LANDSCAPING CHAPTER 14.18 - PROTECTED TREE ORDINANCE Section 14.18.010 Purpose. 14.18.020 Definitions. 14.18.025 Actions Prohibited. 14.18.030 Retention Promoted. 14.18.050 Protected Trees. 14.18.060 Heritage tree designation. 14.18.070 Heritage Tree List. 14.18.080 Plan of Protection. 14.18.090 Recordation. 14.18.100 Heritage Tree Identification tag. 14.18.110 Enforcing Authority. 14.18.120 Exemptions. 14.18.130 Tree Management Plan 14.18.140 Application and Approval Authority for Tree Removal Permit. 14.18.150 Director to Inspect. 14.18.160 Application Requirements. 14.18.170 Notice and Posting. 14.18.180 Review and Determination of Application. 14.18.190 Tree Replacement 14.18.200 Retroactive Tree Removal Permit. 14.18.210 Protection During Construction. 14.18.220 Protection Plan Before Permit Granted. 14.18.230 Notice of Action on Permit - Appeal. 14.18.240 Penalty. -13- 229 14.18.010 Purpose. In enacting this chapter, the City of Cupertino recognizes the substantial economic, environmental and aesthetic importance of its tree population. Protected trees are considered a valuable asset to the community. The protection of such trees in all zoning districts is intended to preserve this valuable asset. The City finds that the preservation of protected trees on private and public property, and the protection of all trees during construction, is necessary for the best interests of the City and of the citizens and public thereof, in order to: A. Protect property values; B. Assure the continuance of quality development; C. Protect aesthetic and scenic beauty; D. Assist in the absorption of rain waters, thereby preventing erosion of top soil, protecting against flood hazards and the risk of landslides; E. Counteract air pollutants by protecting the known capacity of trees to produce pure oxygen from carbon dioxide; F. Maintain the climatic balance (e.g., provide shade); G. Help decrease potential damage from wind velocities; For the above reasons, the City finds it is in the public interest, convenience and necessity to enact regulations controlling the care and removal of protected trees within the City in order to retain as many trees as possible, consistent with the individual rights to develop, maintain and enjoy private and public property to the fullest possible extent. (Ord. 2003,2007; Ord. 1573, § 2,1991; Ord. 1543, § 2, 1991) 14.18.020 Definitions. Unless otherwise stated, the following definitions pertain to this chapter. A. "City' means the City of Cupertino situated in the County of Santa Clara, California. B. "Developed residential" means any legal lot of record, zoned single - family, duplex, agricultural residential and residential hillside, with any structure (principal or accessory) constructed thereon. C. "Development application" means an application for land alteration or development, including but not limited to subdivision of property, rezoning, architectural and site approval, two -story residential permit, minor residential permit, planned development permit, variance, and use permit. -14- 230 D. "Heritage tree" means any tree or grove of trees which, because of factors including, but not limited to, its historic value, unique quality, girth, height or species, has been found by the Planning Commission to have a special significance to the community. E. "Owner" shall include the legal owner of real property within the City, and any lessee of such owner. F. "Person" shall include an individual, a firm, an association, a corporation, a co- partnership, and the lessees, trustees, receivers, agents, servants and employees of any such person. G. "Private property' shall include all property not owned by the City or any other public agency. H. "Public property" includes all property owned by the City or any other public agency. I. "Protected tree' means any class of tree specified in Section 14.18.050, Protected Trees. J. "Specimen tree" means any class of tree specified in Section 14.18.050B. J. "Tree removal' means any of the following: 1. Complete removal, such as cutting to the ground or extraction, of a protected tree; or 2. Severe pruning, which means the removal of more than one - fourth of the functioning leaf and stem area of a protected tree in any twelve -month period as determined by the Community Development Director. (Ord. 2056, (part), 2010; Ord. 2003, 2007; Ord. 1886, (part), 2001; Ord. 1835, (part), 1999; Ord. 1810, (part), 1999; Ord. 1715, (part), 1996; Ord. 1573, § 3, 1991; Ord. 1543, § 3, 1991) 14.18.030 Actions Prohibited. A. It is unlawful to remove or kill any protected tree; and B. It is unlawful to remove any protected tree in any zoning district without first obtaining a tree removal permit as required by this Chapter. (Ord. 2003, 2007) 14.18.040 Retention Promoted. Protected trees are considered an asset to the community and the pride of ownership and retention of these species shall be promoted. The Director of Community Development may conduct an annual review of the status of heritage trees and report the findings to the Planning Commission. (Ord. 2003, 2007; Ord. 1715, (part), 1996; Ord. 1543, § 4.1, 1991) -15- 231 14.18.050 Protected Trees. Except as otherwise provided in Section 14.18.120, Exemptions, the following trees shall not be removed from private or public property, including street trees subject to Chapter 14.12 of the Cupertino Municipal Code, without first obtaining a tree removal permit: A. Heritage trees in all zoning districts. B. All trees of the following species (See Appendix B) that have a minimum single -trunk diameter of ten inches (31 -inch circumference) or minimum multi -trunk diameter of 20 inches (63 -inch circumference) measured 4 -1/2 feet from natural grade are considered Specimen trees: 1. Quercus (native oak tree species), including: a. Quercus agrifolia (Coast Live Oak) b. Quercus lobata (Valley Oak) c. Quercus kelloggii (Black Oak) d. Quercus douglasii (Blue Oak) e. Quercus wislizeni (Interior Live Oak) 2. Aesculus californica (California Buckeye) 3. Acer macrophyllum (Big Leaf Maple) 4. Cedrus deodara (Deodar Cedar) 5. Cedrus atlantic a 'Glauc a' (Blue Atlas Cedar) 6. Umbellularia californica (Bay Laurel or California Bay) 7. Platanus racemosa (Western Sycamore) C. Any tree required to be planted or retained as part of an approved development application, building permit, tree removal permit or code enforcement action in all zoning districts. D. Approved privacy protection planting in R -1 zoning districts. (Ord. 2003, 2007) 14.18.060 Heritage tree designation. Application for designation of a heritage tree may only be initiated by the owner of property on which the tree is located, unless the tree is located on public or quasi - public property. Any person may apply for designation of a heritage tree if the tree(s) are located on public or quasi- public property. An application for a heritage tree designation shall include: -16- 232 1. Assessor's parcel number of the site; 2. Description detailing the proposed heritage tree's special aesthetic, cultural, or historical value of significance to the community; and 3. Photographs of the tree(s). Application for designation of a heritage tree shall be referred to the Planning Commission for review and determination in accordance with Chapter 19.12, Administration, of the Cupertino Municipal Code. The Planning Commission, may, by resolution, designate a tree or grove of trees as a heritage tree (s). (Ord. 2003, 2007; Ord. 1715, (part), 1996; Ord. 1630, (part), 1993; Ord. 1543, § 4.2, 1991) 14.18.070 Heritage Tree List. A heritage tree list shall be created and amended by resolution. The list shall include the reason for designation, tree circumference, species name, common name, location and heritage tree number. (Ord. 2003, 2007; Ord. 1543, § 4.3, 1991) 14.18.080 Plan of Protection. As part of a development application: A. The approval authority shall adopt a maintenance plan for protected trees. It shall be the property owner(s)' responsibility to protect the trees. B. Privacy protection planting in R -1 zoning districts shall be maintained. Landscape planting maintenance includes irrigation, fertilization and pruning as necessary to yield a growth rate expected for a particular species. Where privacy protection planting dies it must be replaced within thirty days with the location, size and species described in Ordinance No. 1799 (privacy protection) and its appendix. The affected property owner, with privacy protection planting on his or her lot, is required to maintain the required planting and shall be required to comply with Section 14.18.090. (Ord. 2003, 2007; Ord. 1810, (part), 1999; Ord. 1630, (part), 1993; Ord. 1543, §§ 4.4, 4.5, 1991) 14.18.090 Recordation. All protected trees required to be retained as part of a development application under Section 14.18.050C, except for trees on public property, shall have retention information placed on the property deed via a conservation easement in favor of the City, private covenant, or other method as deemed appropriate by the Director. The recordation shall be completed by the -17- 233 property owner prior to final map or building permit issuance, or at a time as designated by the Director of Community Development when not associated with a final map or building permit issuance. (Ord. 2003, 2007; Ord. 1573, § 4.6, 1991; Ord. 1543, § 4.6, 1991) 14.18.100 Heritage Tree Identification tag. Heritage trees shall have on them an identification tag, purchased and placed by the City, inscribed with the following information: CITY OF CUPERTINO HERITAGE TREE NO. is protected by the Protected Trees Ordinance. Do not prune or cut before contacting the City Planning Department at (408) 777- 3308. (Ord. 2003, 2007; Ord. 1543, § 4.7, 1991) 14.18.110 Enforcing Authority. The Director of Community Development, or his or her authorized representative, shall be charged with the enforcement of this chapter. 14.18.120 Exemptions. The following situations do not require a tree removal permit prior to removal: A. Removal of a protected tree in case of emergency caused by the hazardous or dangerous condition of a tree, requiring immediate action for the safety of life or property (e.g., a tree about to topple onto a principle dwelling due to heavy wind velocities, a tree deemed unsafe, or a tree having the potential to damage existing or proposed essential structures), upon order of the Director of Community Development, or any member of the sheriff or fire department. However, a subsequent application for tree removal must be filed within five working days as described in Sections 14.18.140, Application and Approval Authority for Tree Removal Permit, - - 14.18.160 of this chapter. The Director of Community Development will approve the retroactive tree removal permit application and may require tree replacements in conjunction with the approval. No application fee or other approval process shall be required in this situation. B. Dead trees, in the opinion of the Director of Community Development. However, a subsequent application for a tree removal must be filed within five working days as described in Section 14.18.140- 14.18.160, Application Requirements, of this chapter. The Director of Community Development will approve the retroactive tree removal permit application and may require tree replacements in conjunction with the approval. No application fee or other approval process shall be required in this situation. 234 C. Thinning out /removing of trees in accordance with a recorded tree management plan that has been approved in accordance with Section 14.18.130, Tree Management Plan. No tree removal permit is required. D. Public utility actions, under the jurisdiction of the Public Utilities Commission of the State of California; as may be necessary to comply with their safety regulations, or to maintain the safe operation of their facilities. (Ord. 2003, 2007; Ord. 1835, (part), 1999; Ord. 1715, (part), 1996; Ord. 1630, (part), 1993; Ord. 1543, § 7.1, 1991) 14.18.130 Tree Management Plan. A tree management plan may be approved for a property that includes criteria for the removal of certain trees in the future by anticipating the eventual growth of trees on the property and specifying a time frame in which the trees may require removal to prevent overcrowding of trees. The property owner shall have retention information placed on the property in accordance with § 14.18.090, Recordation, referring to the approved tree management plan. For a tree management plan associated with a development application, the tree management plan shall be approved in conjunction with the approval of a landscape plan on the subject property. The tree management plan shall include the following: A. A tree plan indicating all existing trees to be retained and all new trees to be planted that are part of the approved landscape plan. B. Labeling of the species, size in DBH at planting time or at time of tree management plan approval, location and eventual growth size of each tree on the plan. C. A written explanation of the specific tree(s) to be removed to prevent overcrowding, including the eventual growth size in DBH at which time the tree is to be removed, and a time frame in which the tree(s) will reach the eventual growth size. The tree management plan shall be approved by the authority approving the landscape plan prior to recordation of the tree management plan. The Director of Community Development shall review and approve the tree management plan where no landscape plan is required. Trees that are listed to be removed in the tree management plan may be removed within the specified time frame per the tree management plan without a tree removal permit, except for trees designated as heritage trees. No heritage trees shall be permitted to be removed in conjunction with an approved tree management plan. (Ord. 2003, 2007) -19- 235 14.18.140 Application and Approval Authority for Tree Removal Permit. A. No person shall directly or indirectly remove or cause to be removed any protected tree without first obtaining a tree removal permit, unless such tree removal is exempt per Section 14.18.130, Tree Management Plan. Application for a tree removal permit shall be filed with the Department of Community Development on forms prescribed by the Director of Community Development and shall state the number and location of the trees to be removed, and the reason for removal of each. B. Applications for protected tree removal shall be referred to the Director of Community Development for final review and determination in accordance with Chapter 19.12, Administration, except for heritage tree removals and tree removals in conjunction with development applications. The Director of Community Development may approve, conditionally approve, or deny the application for a tree removal permit. A tree replacement requirement may be required in conjunction with the tree removal permit. The applicable tree removal permit fee shall apply. C. Application for tree removals in conjunction with a development application shall be considered by the approval authority concerning the same property as the affected tree removal permit application, and the determination on the tree removal permit shall be made concurrently by the approval authority. D. Application for removal of a heritage tree shall be referred to the Planning Commission for final review and determination in accordance with Chapter 19.12, Administration. (Ord. 2003, 2007; Ord. 1630, (part), 1993; Ord. 1573, § 8.1 (part), 1991; Ord. 1543, § 8.1 (part), 1991) 14.18.150 Director to Inspect. Upon receipt of an application for removal of a protected tree, the Director of Community Development or his or her authorized representative will, within fourteen days, inspect the premises and evaluate the request pursuant to Section 14.18.180 of this chapter. Priority of inspection shall be given to those requests based on hazard or disease. The Director of Community Development may refer any such application to another department or to the Planning Commission or an appropriate committee of the City for a report and recommendation. Where appropriate, the Director of Community Development may also require the applicant, at his or her own expense, to furnish a report from an arborist certified by the International Society of Arboriculture. (Ord. 2003, 2007; Ord. 1573, § 8.1 (part), 1991; Ord. 1543, § 8.1 (part), 1991) 14.18.160 Application Requirements. A request for removal of any heritage or protected tree shall include the following: -20- 236 A. Application information. Application for a tree removal permit shall be available from and filed with the Community Development Department and shall contain the following information, unless waived by the Director of Community Development: 1. A written explanation of why the tree(s) should be removed; 2. Photograph(s) of the tree(s); 3. An arborist report from an arborist certified by the International Society of Arboriculture when required by the Director of Community Development; 4. Signature of the property owner and homeowner's association (when applicable) with proof of a vote of the homeowner's association; 5. Replanting plan; 6. Other information deemed necessary by the Director of Community Development to evaluate the tree removal request; 7. Permit fee, where applicable; 8. Tree survey plan indicating the number, location(s), variety and size (measured four and a half feet above grade) of tree(s) to be removed. (Ord. 2003, 2007; Ord. 1835, (part), 1999; Ord. 1715, (part), 1996; amended during 12/93 supplement; Ord. 1630, (part), 1993; Ord. 1543, § 8.1 (part), 1991) 14.18.170 Notice and Posting. A. Notice shall be provided as indicated in Section 19.12.030.. B. A notice shall be posted in accord with the requirements of 19.12.110 (F). C. Where approval of a tree removal permit is granted by the City, the property owner shall post the tree removal permit on site until the tree is removed or shall present proof of the tree removal permit upon request. (Ord. 2003, 2007) 14.18.180 Review and Determination of Application. A. The approval authority shall approve a tree removal permit only after making at least one of the following findings: 1. That the tree or trees are irreversibly diseased, are in danger of falling, can cause potential damage to existing or proposed essential structures, or interferes with private on -site -21- 237 utility services and cannot be controlled or remedied through reasonable relocation or modification of the structure or utility services; 2. That the location of the trees restricts the economic enjoyment of the property by severely limiting the use of property in a manner not typically experienced by owners of similarly zoned and situated property, and the applicant has demonstrated to the satisfaction of the approval authority that there are no reasonable alternatives to preserve the tree(s). 3. That the protected tree(s) are a detriment to the subject property and cannot be adequately supported according to good urban forestry practices due to the overplanting or overcrowding of trees on the subject property. B. The approval authority may refer the application to another department or commission for a report and recommendation. C. The approval authority shall either approve, conditionally approve or deny the application. D. The approval authority may require a tree replacement requirement in conjunction with a tree removal permit. (Ord. 2003, 2007; Ord. 1573, § 9.1, 1991; Ord. 1543, § 9.1, 1991) 14.18.190 Tree Replacement A. The approval authority may impose the following replacement standards for approval of each tree to be removed in conjunction with an approved tree removal permit, unless deemed otherwise by the approval authority: Replacement trees, of a species and size as designated by the approval authority and consistent with the replacement value of each tree to be removed, shall be planted on the subject property on which the tree(s) are to be removed. The approval authority shall work with the applicant/ property owner of the tree removal permit to determine the location of the replacement tree(s). Table A may be used as a basis for this requirement. The person requesting the tree removal permit shall pay the cost of purchasing, planting and maintaining the replacement trees. B. If a replacement tree for the removal of a non - heritage tree or tree with trunk size equal to or less than 36" cannot be reasonably planted on the subject property, an in -lieu tree replacement fee based upon the purchase and installation cost of the replacement tree as determined by the Director of Community Development shall be paid to the City's tree fund to: Add or replace trees on public property in the vicinity of the subject property; or 2. Add trees or landscaping on other City property. C. For removal of a heritage tree or tree with a trunk size greater than 36 inches, the in -lieu tree replacement fee shall be based upon the valuation of the removed tree by using the most recent -22- 238 edition of the ISA Guide for Plant Appraisal published by the Council of Tree and Landscape Appraisers. Table A - Replacement Tree Guidelines Trunk Size of Removed Tree (Measured 4 '/z feet above grade) Replacement Trees Up to 12 inches One 24" box tree Over 12 inches and up to 18 inches Two 24" box trees Over 18 inches and up to 36 inches Two 24" box trees or One 36" box tree Over 36 inches One 36" box tree Heritage tree One 48" box tree 14.18.200 Retroactive Tree Removal Permit. An application for a retroactive tree removal shall be required for any protected tree removed prior to approval of a tree removal permit. The application shall be filed with the Department of Community Development on forms prescribed by the Director of Community Development and shall be subject to the requirements of a tree removal permit. The application shall pay a retroactive tree removal permit fee. (Ord. 2003, 2007) 14.18.210 Protection During Construction. Protected trees and other trees /plantings required to be retained by virtue of a development application, building permit, or tree removal permit shall be protected during demolition, grading and construction operations. The applicant shall guarantee the protection of the existing tree(s) on the site through a financial instrument acceptable to the Director of Community Development. (Ord. 2003, 2007; Ord. 1543, § 10.1,1991) 14.18.220 Protection Plan Before Permit Granted. A. A plan to protect trees described in Section 14.18.210, Protection During Construction, shall be submitted to the Director of Public Works and to the Director of Community Development prior to issuance of a demolition, grading or building permit. The plan shall be prepared and signed by a licensed landscape architect or arborist certified by the International Society of Arboriculture and shall be approved by the Director of Community Development. The Director of Community Development shall evaluate the tree protection plan based upon the tree protection standards contained in Appendix A at the end of this chapter. -23- 239 B. The Director of Community Development may waive the requirement for a tree protection plan both where the construction activity is determined to be minor in nature (minor building or site modification in any zone) and where the proposed activity will not significantly modify the ground area within the drip line or the area immediately surrounding the drip line of the tree. The Director of Community Development shall determine whether the construction activity is minor in nature and whether the activity will significantly modify the ground area around the tree drip line. (Ord. 2003, 2007; Ord. 1543, § 10.2, 1991) 14.18.230 Notice of Action on Permit - Appeal. A. Notice of the decision on an application for a protected tree removal permit by the approval authority shall be mailed to the applicant. B. Any decision made by the approval authority on the tree removal application may be appealed in accordance with Chapter 19.12, Administration. 14.18240 Penalty. Violation of this chapter is deemed a misdemeanor unless otherwise specified. Any person or property owners, or his or her agent or representative who engages in tree cutting or removal without a valid tree removal permit is guilty of a misdemeanor as outlined in Chapter 1.12 of this code and /or may be required to comply with Sections 14.18.140, Application and Approval Authority for Tree Removal Permit, and 14.18.160, Application Requirements. Notwithstanding any other provisions of this section, the unauthorized removal of a tree planted solely for privacy protection purposes pursuant to Section 14.18.080(C) shall constitute an infraction. (Ord. 2003, 2007; Ord. 1810, (part), 1999; Ord. 1731, (part), 1996; Ord. 1543, § 12.1, 1991) APPENDIX A STANDARDS FOR THE PROTECTION OF TREES DURING GRADING AND CONSTRUCTION OPERATIONS The purpose of this appendix is to outline standards pertaining to the protection of trees described in Section 14.18.220, Protection Plan Before Permit Granted, of Chapter 14.18, Protected Trees. The standards are broad. A licensed landscape architect or International Society of Arboriculture certified arborist shall be retained to certify the applicability of the standards and develop additional standards as necessary to ensure the property care, maintenance, and survival of trees designated for protection. Standards 1. A site plan shall be prepared describing the relationship of proposed grading and utility trenching to the trees designated for preservation. Construction and grading should not significantly raise or lower the ground level beneath tree drip lines. If the ground level is -24- 240 proposed for modification beneath the drip line, the architect /arborist shall address and mitigate the impact to the tree(s). 2. All trees to be preserved on the property and all trees adjacent to the property shall be protected against damage during construction operations by constructing a four - foot -high fence around the drip line, and armor as needed. The extent of fencing and armoring shall be determined by the landscape architect. The tree protection shall be placed before any excavation or grading is begun and shall be maintained in repair for the duration of the construction work. 3. No construction operations shall be carried on within the drip line area of any tree designated to be saved except as is authorized by the Director of Community Development. 4. If trenching is required to penetrate the protection barrier for the tree, the section of trench in the drip line shall be hand dug so as to preclude the cutting of roots. Prior to initiating any trenching within the barrier approval by staff with consultation of an arborist shall be completed. 1. Trees which require any degree of fill around the natural grade shall be guarded by recognized standards of tree protection and design of tree wells. 2. The area under the drip line of the tree shall be kept clean. No construction materials nor chemical solvents shall be stored or dumped under a tree. 3. Fires for any reason shall not be made within fifty feet of any tree selected to remain and shall be limited in size and kept under constant surveillance. 4. The general contractor shall use a tree service licensee, as defined by California Business and Professional Code, to prune and cut off the branches that must be removed during the grading or construction. No branches or roots shall be cut unless at first reviewed by the landscape architect /arborist with approval of staff. 5. Any damage to existing tree crowns or root systems shall be repaired immediately by an approved tree surgeon. 6. No storage of construction materials or parking shall be permitted within the drip line area of any tree designated to be saved. 7. Tree protection regulations shall be posted on protective fencing around trees to be protected. (Ord. 2003, 2007) -25- 241 TITLE 16 - BUILDINGS AND CONSTRUCTION CHAPTER 16.08: EXCAVATIONS, GRADING AND RETAINING WALLS* 16.08.200 Grading Permit- Design Standards. Subsection A -F - No change G. Retaining Wall Construction. All retaining walls constructed within the city shall be subject to the following standards and restrictions and shall be designed in accordance with the provisions of the latest adopted Uniform Building Code and recognized soils engineering principles and shall be approved by the Director. The following outlines the restrictions: 1. Property Line Setback Material Restrictions. Any retaining wall which is at or within twice its retained height (2xH) from any property line shall be constructed from materials other than wood. This restriction shall supersede any and all other provisions of this section. 2. Retaining Wall Height Restrictions. If the retained height of a wall exceeds three feet, then the following restrictions shall apply: a. Any vertical structural member which resists the overturning forces imposed by the retained fill shall be constructed of materials other than wood. If, however, in the opinion of the Director, the use of any wood members is a hazard, then all components shall be constructed of materials other than wood. b. If the retained height of a wall exceeds eight feet, then no wood material may be used in its construction, unless approved by the City Council. Special Loadings and Wheel Loadings (Fire Trucks). Whenever retaining walls are adjacent to restricted or unrestricted vehicular traveled ways, the minimum truck wheel loadings shall be H10 -44 as defined in the latest adopted "Standard Specifications for Highway Bridges" of the A.A.S.H.O. The active pressure distribution shall be subject to approval by the Director. 4. Special Backfill Surcharges. The Director shall have the right to request a soils engineer to review and provide special design values for the type and magnitude of backfill loadings on retaining walls. 5. City Details. The walls outlined in Figures 16.08.200B and 16.08.200C may be used without additional structural calculations, if in the opinion of the Director, no special site or soils conditions exist. The application of the standard wall details are subject to the restrictions outlined in subdivisions 1 and 2 of this subsection. See Figure 16.08.200A for clarification of subdivisions 1 through 4 of this subsection. -26- 242 Design and Construction Responsibility. Retaining walls constructed in accordance with City Standards will be accepted without further design computations; however, it is the civil engineer's responsibility to assure himself as to the adequacy of these designs in the use for which he or she intends. Soil conditions, surcharge, and construction methods and quality are still his or her responsibility and nothing in this chapter shall be construed as relieving him or her of this responsibility. Nothing in this chapter shall prevent the engineer from submitting additional designs that are accompanied by design calculations and a signed certification testifying to their adequacy for intended use and durability. Such designs shall be checked and approved by the Director. All retaining walls must be approved by the Director prior to issuance of any building permit on the property. Plan- checking Retaining Wall Fee. There shall be a planchecking fee for retaining walls as specified in the latest adopted Resolution. 6. Retaining Wall Screening. Retaining walls in excess of five feet shall be screened with landscape materials and /or faced with decorative materials subject to the approval of the Director of Community Development. Subsection H - No change -27- 243 TITLE 17: RESERVED 244 TITLE 18: SUBDIVISIONS* Chapter CHAPTER 18.04: GENERAL PROVISIONS CHAPTER 18.08: DEFINITIONS AND RESPONSIBILITIES CHAPTER 18.12: MAPS REQUIRED CHAPTER 18.16: SUBDIVISION MAPS (FIVE OR MORE PARCELS) CHAPTER 18.20: PARCEL MAPS (FOUR OR LESS PARCELS) CHAPTER 18.24: DEDICATIONS AND RESERVATIONS CHAPTER 18.28: VESTING TENTATIVE SUBDIVISION MAPS CHAPTER 18.32: SUBDIVISION IMPROVEMENTS CHAPTER 18.36: REVERSIONS TO ACREAGE CHAPTER 18.40: PARCEL MERGERS CHAPTER 18.44: CORRECTION AND AMENDMENTS OF MAPS CHAPTER 18.48: ENFORCEMENT OF ARTICLE PROVISIONS CHAPTER 18.52: HILLSIDE SUBDIVISIONS CHAPTER 18.56: STREET FACILITY REIMBURSEMENT CHARGES * Prior ordinance history: Ords. 47 (revised), 47(a), 47(b), 485, 568, 581, 588, 793, 882, 1179, 1202, 1286, 1328, 1347 and 1382. Title 18 was completely renumbered during the December 1995 supplement to conform to the overall style of the code. -29- 245 CHAPTER 18.04: GENERAL PROVISIONS Section 18.04.010 Citation and Authority. 18.04.020 Purpose. 18.04.030 Conformity to General Plan, Specific Plan and Zoning Ordinances. 18.04.040 Application. 18.04.050 Modification of Requirements. 18.04.010 Citation and Authority. This title is adopted to supplement and implement the Subdivision Map Act, Section 66410 et seq. of the Government Code ( "Map Act "), and may be cited as the Subdivision Ordinance of the City. (Ord. 1384, Exhibit A (part), 1986) 18.04.020 Purpose. It is the purpose of this title to regulate and control the division of land within the City and to supplement the provisions of the Map Act concerning the design, improvement and survey data of subdivisions, the form and content of all maps provided for by the Subdivision Map Act and the procedure to be followed in securing the official approval of the Planning Commission, the City Engineer, the Department of Planning and Development and City Council regarding such maps. To accomplish this purpose, the regulations outlined in this title are determined to be necessary for the preservation of the public safety and general welfare, to promote orderly growth and development and to promote open space, conservation, protection, and proper use of land and to insure provisions for adequate traffic circulation, utilities and services. (Ord. 1384, Exhibit A (part), 1986) 18.04.030 Conformity to General Plan, Specific Plan and Zoning Ordinances. A. No land shall be subdivided and developed for any purpose which is not in conformity with the General Plan and any specific plan of the City permitted by the zoning title or other applicable provisions of the City. B. The type and intensity of land as shown on the General Plan shall determine the type of streets, roads, highways, utilities and public services that shall be provided by the subdivider. (Ord. 1384, Exhibit A (part), 1986) 18.04.040 Application. The regulations set forth in this title shall apply to all subdivisions or parts thereof, including the conversions of existing multiple - family rental housing to condominiums, community -30- 246 apartments or stock cooperatives within the City, and to the preparation of subdivision maps thereof and to other maps provided for by the Map Act. Each subdivision and each part thereof lying within the City shall be made and each map shall be prepared and presented for approval as provided. (Ord. 1384, Exhibit A (part), 1986) 18.04.050 Modification of Requirements. Whenever, in the opinion of the Director of Community Development, the land involved in any subdivision is of size or shape, or is subject to title limitations of record, or is affected by such topographical location or conditions, or is to be devoted to a use that it is impossible or impracticable in the particular case for the subdivider to conform fully to the regulations contained in this title, the Director of Community Development may make modifications as, in his or her opinion, are reasonably necessary or expedient and in conformity with the Map Act. (Ord. 1384, Exhibit A (part), 1986) -31- 247 CHAPTER 18.08: DEFINITIONS AND RESPONSIBILITIES Section 18.08.010 Definitions. 18.08.020 City Attorney - Responsibilities. 18.08.030 City Council - Responsibilities. 18.08.040 City Engineer- Responsibilities. 18.08.050 Department of Planning and Development - Responsibilities. 18.08.060 Planning Commission- Responsibilities. 18.08.010 Definitions. "Average slope" is obtained by use of the following mathematical equation. S_ ( IxLx100 ) A JJ S = Average slope of ground in percent; I = Contour interval in feet; L = Combined length in feet of all contours in parcel; A = Area of parcel and square feet. "Benefitted property" means a parcel of real property, or any part thereof, which adjoins a street facility which was installed by an initial developer. "Condominium" means an estate in real property consisting of an undivided interest in common in a portion of a parcel or real property together with a separate interest in space as more particularly described in Civil Code Sections 783 and 1351. "Conversion" means the creation of separate ownership of existing real property together with a separate interest in space of residential, industrial or commercial buildings. "Design" means: 1. Street alignments, grades and widths; 2. Drainage and sanitary facilities and utilities, including alignments and grades thereof; 3. Location and size of all required easements and rights -of -way; 4. Fire roads and fire breaks; 5. Lot size and configuration; 6. Traffic access; 7. Grading; 8. Land to be dedicated for park or recreational purposes; and 9. Other specific physical requirements in the plan and configuration of the entire subdivision that are necessary to insure conformity with or implementation of the General Plan or any adopted specific plan. -32- .; "Environmental Impact Report (EIR)" means a detailed statement setting forth the environmental effects and consideration pertaining to a project as specified in the California Environmental Quality Act, Public Resources Code Section 21000 et seq., and may mean either a draft or a final EIR. "Final map" means a map showing a subdivision for which a tentative and final map is required by the Map Act or this title, prepared in accordance with the provisions of this title and the Map Act designed to be recorded in the office of the County Recorder. "Improvement" means and refers to street work, storm utilities and landscaping to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, ways, easements, subdivision as are necessary for the general use of the lot owners of the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map; or to other specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities by any other entity approved by the local agency or by a combination thereof, is necessary or convenient to insure consistency with or implementation of the General Plan or any adopted specific plan. "Initial developer" means any person, including the City, who installs off -site street facilities which benefit other parcels incident to or as a condition of the approval of a final map, final parcel map or conditional certificate of compliance. "Lot" means a parcel or portion of land separated from other parcels or portions by description, as on a subdivision or record of survey map, or by metes and bounds, for purpose of sale, lease or separate use. "Lot line adjustment" means a minor shift of an existing lot line where land is taken from one parcel and added to an adjoining parcel or other adjustments where a greater number of parcels than originally existed is not created, as approved by the City Engineer or authorized representative. "Merger" means the joining of two or more contiguous parcels of land under one ownership into one parcel. "Map Act" means the Subdivision Map Act Government Code Section 66410 - 66499.58 of the State of California. "Parcel map" means a map showing a division of land of four or less parcels as required by this title, prepared in accordance with the provisions of this title and the Map Act. "Remainder" means that portion of an existing parcel which is not included as part of the subdivided land. The remainder is not considered as part of the subdivision but must be shown -33- 249 on the required maps as part of the area surrounding subdivision development. A remainder shall not be counted as a parcel for the purpose of determining whether a parcel map is required or final map is required. A remainder may be sold without further requirement of its filing of a parcel map or final map; provided, however, that the owner must obtain from the City a certificate of compliance or conditional certificate of compliance as provided for in Chapter 18.48, Enforcement of Article Provisions, of this title. "Reversion to acreage" means the dissolution of a previously approved and recorded subdivision. A reversion to acreage shall result in the merger of all lots created by the subdivision and reestablishment of the lot lines as they existed prior to the subdivision. Any modification of lot lines or merger of parcels comprising less than the whole of the parcel originally subdivided, or establishing any lot lines other than those existing prior to the subdivision, shall be deemed a new subdivision and not a reversion to acreage. "Street facilities" means a public street installed within the City or any part thereof including, but not limited to the street surface, street base, street sub -base, sidewalks, curbs, gutters, storm drains, street lights, street signs, landscaping, sound walls and other facilities necessary and appurtenant thereto. "Subdivider" means a person, firm, corporation, partnership or association who proposes to divide, divides, or causes to be divided real property into a subdivision for itself or for others; except that employees and consultants of such persons or entities, acting in such capacity, are not subdividers. "Subdivision" means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easements or railroad rights -of -way. "Subdivision" includes a condominium project, as defined in Civil Code Section 1351(f) , a community apartment project, as defined in Civil Code Section 1351(m), or the conversion of five or more existing dwelling units to a stock cooperative, as defined in Section 11003.2 of the Business and Professions Code. "Subdivision improvement standards" means standard details, standard specifications, and other standards approved by the City Engineer that shall govern the improvements to be constructed pursuant to this title and the Map Act. "Tentative map" means and refers to a map made for the purpose of showing the design and improvements of a proposed subdivision and the existing conditions in and around it and need not be based upon an accurate or detailed final survey of the property. -34- 250 "Vesting tentative map" means a tentative map in compliance with Government Code section 66498.1 et seq. for a residential subdivision, as defined in this title, that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with Section 18.28.050, and is thereafter processed in accordance with the provisions hereof. (Ord. 1384, Exhibit A (part), 1986) 18.08.020 City Attorney - Responsibilities. The City Attorney shall be responsible for approving as to form all subdivision improvement agreements. (Ord. 1384, Exhibit A (part), 1986) 18.08.030 City Council- Responsibilities. The City Council shall have final jurisdiction in the approval or denial of tentative subdivision maps and final maps and improvement agreements and the acceptance by the City of such lands and /or improvements as may be proposed for dedication to the City for subdivisions. (Ord. 1384, Exhibit A (part), 1986) 18.08.040 City Engineer - Responsibilities. The City Engineer shall be responsible for: A. Establishing design and construction details, standards and specifications; B. Determining if proposed subdivision improvements comply with the provisions of this title and the Map Act and for reporting the findings together with any recommendations for approval, conditional approval or denial of the tentative map to the Director of Community Development; C. The processing and certification of final maps, reversion to acreage maps, and amended maps; the processing and approval of subdivision improvement plans, lot line adjustments and certificates of compliance; D. Examining and certifying that final maps are in substantial conformance to the approved tentative map; E. The inspection and approval of subdivision improvements. F. The City Engineer shall have final jurisdiction in the approval or denial of the following for applications involving the subdivision of one parcel into four or less parcels: 1. Final parcel maps; 2. Improvement agreements; and -35- 251 3. The acceptance by the City of such lands and/or improvements as maybe proposed for dedication to the City. (Ord. 1384, Exhibit A (part), 1986) 18.08.050 Department of Community Development - Responsibilities. The Department of Community Development shall be responsible for: 1. The processing of tentative maps and tentative parcel maps and mergers and 2. Approval authority for tentative parcel maps involving the subdivision of one parcel into four or less parcels 3. Approval authority for tentative parcel maps involving consolidation of four or less parcels into one parcel. (Ord. 1384, Exhibit A (part), 1986) 18.08.060 Planning Commission - Responsibilities. Except as otherwise provided, the Planning Commission shall be responsible for recommending approval or denial to the City Council for tentative subdivision maps. (Ord. 1384, Exhibit A (part), 1986) -36- 252 CHAPTER 18.12: MAPS REQUIRED Section 18.12.010 General - Exclusions. 18.12.020 Division of Land -Five or More Parcels. 18.12.030 Division of Land -Four or Less Parcels. 18.12.040 Fees and Deposits. 18.12.010 General- Exclusions. The necessity for tentative maps, final maps and parcel maps shall be governed by the Map Act and the provisions of this chapter. Maps are not required for the following: A. Short -term leases (terminable by either party on not more than thirty days' notice in writing) of a portion of the operating right -of -way of a railroad corporation defined by Public Utilities Code Section 230, unless a showing is made in individual cases, under substantial evidence, that public policy necessitates the application of such regulations to such short -term leases in such individual cases; B. The financing or leasing of apartments, offices, stores, or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks or trailer parks; C. Mineral, oil or gas leases; D. Land dedicated for cemetery purposes under the Health and Safety Code; E. Lot line adjustments between four or fewer existing adjacent parcels where land taken from one parcel is added to the adjoining parcel, and where a greater or lesser number of parcels than originally existed is not thereby created, and provided that the lot line adjustment is reviewed and approved by the City Engineer, subject to appeal to the City Council, within fourteen days of decision. The review is limited to a determination of whether or not the parcels resulting from the lot line adjustment will conform to the City's zoning and building ordinances and any conditions imposed thereby shall be limited to those which are required for conformance to the City's zoning and building ordinances, or to facilitate the relocation of existing utilities, infrastructure or easements and the lot line adjustment shall be recorded in a deed; F. Boundary line or exchange agreement to which the State Lands Commission or other agency holding a trust grant of tide and submerged lands is a party; G. Any separate assessment under 2188.7 of the Revenue and Tax Code; -37- 253 H. Unless a parcel or final map was previously approved by the City or its predecessor jurisdiction, the conversion of a community apartment project, or a stock cooperative to a condominium as specified in Government Code Section 66412(g) and (h); L The leasing of, or the granting of an easement to, a parcel of land, or any portion thereof, in conjunction with the financing, erection, and sale or lease of a wind- powered electrical generation device on the land, if the project is subject to other discretionary approval by the cit J. The leasing or licensing of a portion of a parcel, or the granting of an easement, use permit, or similar right on a portion of parcel, to a telephone corporation as defined in Section 234 of the Public Utilities Code, exclusively for the placement and operation of cellular radio transmission facilities, including, but not limited to, antennae support structures, microwave dishes, structures to house cellular communications transmission equipment, power sources, and other equipment incidental to the transmission of cellular communications, if the project is subject to discretionary action by the advisory agency or legislative body; K. Leases of agricultural land for agricultural purposes. As used in this subdivision, "agricultural purposes" means the cultivation of food or fiber or the grazing or pasturing of livestock; L. The leasing of, or granting of an easement to, a parcel of land, or any portion or portions thereof, in conjunction with the financing, erection, and sale or lease of a solar electrical generation device on the land, if the project is subject to review under City ordinances regulating design and improvement or, if the project is subject to review under other local agency ordinances regulating design and improvement or, if the project is subject to other discretionary action by the City; M. The leasing of, or granting of an easement to, a parcel of land or any portion or portions of land in conjunction with a biogas project that uses, as part of its operation, agricultural waste or byproducts from the land where the project is located and reduces overall emission of greenhouse gases from agricultural operations on the land if the project is subject to review under other local agency ordinances regulating design and improvement or if the project is subject to discretionary action by the City. (Ord. 1384, Exhibit A (part), 1986) 18.12.020 Division of Land -Five or More Parcels. A. A tentative map and final map shall be required for all subdivisions of land creating five or more parcels, five or more condominiums as defined in Civil Code Section 783 and 1351, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units, except where: 254 1. The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the legislative body; or 2. Each parcel created by the division has a gross area of twenty acres or more and has an approved access to a maintained public street or highway; or 3. The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the governing body as to street alignments and widths; or 4. Each parcel created by the division has a gross area of not less than forty acres or is not less than a quarter of a quarter section; or 5. The land being subdivided is solely for the creation of an environmental subdivision pursuant to Government Code Section 66418.2. B. A parcel map shall be required for subdivisions described in subsections A(1) -- (4). (Ord. 1384, Exhibit A (part), 1986) 18.12.030 Division of Land -Four or Less Parcels. A. A parcel map shall be required for all subdivisions of land creating four or less parcels. A parcel map shall not be required for land conveyed to or from a governmental agency, public entity, public utility, or for land conveyed to a subsidiary of a public utility for conveyance to such public utility for rights -of -way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates such a parcel map. B. The City Engineer may waive the parcel map upon making a finding that the proposed division of land complies with City requirements as to area, improvement and design, flood water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of any City ordinance and the Map Act. (Ord. 1384, Exhibit A (part), 1986) 18.12.040 Fees and Deposits. All persons submitting maps as required by this title shall pay all fees and /or deposits as provided by the City's resolution establishing fees and charges, or as provided by this title. (Ord. 1384, Exhibit A (part), 1986) -39- 255 CHAPTER 18.16: SUBDIVISION MAPS (FIVE OR MORE PARCELS) Section Article I. Tentative Subdivision Maps. 18.16.010 Form and Contents. 18.16.020 Submittal to Department of Community Development. 18.16.030 Department of Community Development Review. 18.16.040 Action of Community Development Director -Notice of Public Hearings. 18.16.050 Action of Planning Commission- Recommending Approval- Required Findings. 18.16.060 Action of Planning Commission - Recommending Denial upon Certain Findings. 18.16.070 Action of City Council Review. 18.16.080 Extension of Time for Planning Commission or City Council Action. 18.16.090 Expiration. 18.16.100 Extensions. 18.16.110 Amendments to Approved Tentative Map. Article 11. Final Maps. 18.16.120 General. 18.16.130 Survey Required. 18.16.140 Form. 18.16.150 Contents. 18.16.160 Submittal for City Approval - Preliminary Submittal. 18.16.170 Submittal for City Approval -City Engineer's Review. 18.16.180 Submittal for City Approval - Approval by the City Engineer. 18.16.190 Submittal for City Approval- Approval by City Council. 18.16.200 Submittal for City Approval - Denial by the City Council. 18.16.210 Submittal for City Approval - Filing with the County Recorder. 18.16.220 Submittal for City Approval - Submittal by Units. Article I. Tentative Subdivision Maps. 18.16.010 Form and Contents. The tentative map shall be prepared in a manner acceptable to the Department of Community Development, shall be prepared by a registered civil engineer or licensed surveyor, and shall be -40- 256 accompanied by those data and reports required by the Department of Community Development. (Ord. 1384, Exhibit A (part), 1986) 18.16.020 Submittal to Department of Community Development. A. The tentative map shall be considered for filing only when such map conforms to Section 18.16.010, Form and Contents, and when all accompanying data or reports, as required by the Department of Community Development have been submitted and accepted by the Department of Community Development. B. The subdivider shall file with the Department of Community Development the number of tentative maps the Director of Community Development may deem necessary. (Ord. 1384, Exhibit A (part), 1986) 18.16.030 Department of Community Development Action. A. The Department of Community Development shall forward copies of the tentative map to the affected public agencies which may, in turn, forward to the Department of Community Development their findings and recommendations thereon. Public utilities and agencies shall certify that the subdivision can be adequately served. B. Within five days of the tentative map application being determined to be complete pursuant to Government Code Section 65943, the local agency shall send a notice of this determination to the governing board of any elementary school, high school or unified school district within the boundaries of which the subdivision is proposed to be located. The notice shall identify information about the location of the proposed subdivision, the number of units, density and any other information which would be relevant to the affected school district. Within 15 days of receiving the notice the school district may make recommendations to the City regarding the effects of the proposed subdivision upon the school district. If the school district fails to respond within 15 days, the failure to respond shall be deemed approval of the proposed subdivision by the school district. The City shall consider any recommendations from the school district before acting on the map. (Ord. 1384, Exhibit A (part), 1986) 18.16.040 Action of Community Development Director- Notice of Public Hearings. A. Upon receipt of a valid application, the Director of Community Development shall set the matter for public meeting. At least ten calendar days before the public meeting, he or she shall cause notice to be given of the time, date and place of the meeting including a general explanation of the matter to be considered and a general description of the area affected, and the street address, if any, of the property involved. -41- 257 B. The notice shall be published at least once in a newspaper of general circulation, published and circulated in the city. C. In addition to notice by publication, the City shall give notice of the meeting by mail or delivery to all persons, including businesses, corporations or other public or private entities, shown on the last equalized assessment roll as owning real property within three hundred feet of the property which is the subject of the proposed changes. D. In addition, in the case of a proposed conversion of residential real property to a condominium project, community apartment project or stock cooperative project, notice shall be given as required by Government Code Section 66451.3(d). E. In addition, notice shall be given by first class mail to any person who has filed a written request with the Department of Community Development. The City may impose a reasonable fee on persons requesting such notice for the purpose of recovering the cost of such mailing. F. Substantial compliance with these noticing provisions shall be sufficient and a technical failure to comply shall not affect the validity of any action taken pursuant to the procedures set forth in this chapter. G. The Planning Commission shall recommend approval, conditional approval or denial of the tentative map and shall report its decisions to the City Council and the subdivider within fifty days after the tentative map has been filed, unless the project requires an Environmental Impact Report or Negative Declaration. (Ord. 1384, Exhibit A (part), 1986) 18.16.050 Action of Planning Commission - Recommending Approval- Required Findings. A. In approving or conditionally approving the tentative subdivision map, the Planning Commission shall find that the proposed subdivision, together with its provisions for its design and improvements, is consistent with applicable general or specific plans adopted by the City. B. The Planning Commission may modify or delete any of the conditions of approval recommended in the Department of Community Development's report, except conditions required by City ordinance, related to public health and safety or standards required by the City Engineer, or add additional requirements as a condition of its approval. C. If no action is taken by the Planning Commission within the time limit as specified, the tentative map as filed shall be deemed to be approved, insofar as it complies with other applicable provisions of the Map Act and other applicable case law, this title or other City ordinances, and it shall be the duty of the City Clerk to certify the approval. -42- 258 D. This provision does not apply to condominium projects or stock cooperatives which consist of the subdivision of air space in an existing structure unless new units are to be constructed or added. (Ord. 1384, Exhibit A (part), 1986) 18.16.060 Action of Planning Commission - Recommending Denial upon Certain Findings. A. The tentative subdivision map may be recommended for denial by the Planning Commission on any of the grounds provided by City ordinances or the State Subdivision Map Act. B. The Planning Commission shall deny approval of the tentative map if it makes any of the following findings: 1. That the proposed map is not consistent with applicable general and specific plans; 2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans; 3. That the site is not physically suitable for the type of development; 4. That the site is not physically suitable for the proposed density of development; 5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat; provided, however, the City may approve a tentative subdivision map if an environmental impact report was prepared with respect to the proposed subdivision and detailed findings were made pursuant to Public Resources Code Section 21081(a)(3) that specific economic, social, or other considerations make infeasible the mitigation measure or project alternatives identified in the environmental impact report; 6. That the design of the subdivision or the type of improvements is likely to cause serious public health problems; 7. That the design of the subdivision or the type of improvements will conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements for access or for use will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. This provision does not apply to condominium projects or stock cooperatives which consist of the subdivision of air space in an existing structure unless new units are to be constructed or added. -43- 259 (Ord. 1384, Exhibit A (part), 1986) 18.16.070 Action of City Council. A. If a tentative map is recommended for approval or denial by the Planning Commission,_the Department of Community Development shall make a written report to the City Council. This report shall be placed on the City Council agenda at the next regular meeting following receipt of the report, unless the subdivider consents to a continuance. The Council may review the map and the conditions imposed by the Planning Commission. The City Council may deny the tentative map on any of the grounds contained in Section 18.16.060. (Ord. 1384, Exhibit A (part), 1986) 18.16.080 Extension of Time for Planning Commission or City Council Action. The time limits set forth above for acting on the tentative map may be extended by mutual consent of the subdivider and the recommending body or the City Council. (Ord. 1384, Exhibit A (part), 1986) 18.16.090 Expiration. A. The approval or conditional approval of a tentative subdivision map shall expire thirty -six months from the date of City Council approval. An extension or extensions may be approved as provided in Section 18.16.100, Extensions, or when required by the Map Act. B. The period of time specified hereinabove shall not include any time during which a development moratorium is in effect as specified in Section 66452.6(b) of the Map Act nor shall include any period which involves litigation as described in Section 66452.6(c) of the Map Act. C. Notwithstanding any provision to the contrary, if a subdivider is subject to a requirement of two hundred thirty six thousand, seven hundred and ninety dollars ($236,790) or more to construct or improve or finance the construction of or improvement of public improvements outside the boundaries of the tentative map, each filing of a final map authorized by Government Code Section 66456.1 (multiple final maps), shall extend the expiration of the approval or conditionally approved tentative map by thirty -six months from the date of its expiration or the date of the previously filed final map, whichever is later; provided, however, the extension shall not extend the tentative map more than ten years from its approval. D. Commencing January 1, 2012, and each calendar year thereafter, the amount of two hundred thirty six thousand, seven hundred and ninety dollars ($236,790) shall be annually increased by operation of law according to the adjustment for inflation set forth in the statewide cost index for class B construction, as determined by the State Allocation Board at its January meeting. The effective date of each annual adjustment shall be March 1. The adjusted amount shall apply to tentative and vesting tentative maps whose applications were received after the effective date of the adjustment. -44- 260 E. Notwithstanding any provision to the contrary, a tentative map on property subject to a development agreement authorized by Government Code Section 65865 et seq. may be extended for the period of time provided for in the agreement, but not beyond its duration. F. Expiration of an approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed without first processing a new tentative map. (Ord. 1433, (part), 1988; Ord. 1384, Exhibit A (part), 1986) 18.16.100 Extensions. A. Request by Subdivider. Upon application of the subdivider filed prior to the expiration of the tentative map, the time at which the map expires may be extended by the Director of Community Development for a period or periods not to exceed a total of six years. Prior to the expiration of a tentative map, upon an application by the subdivider to extend that map, the map shall automatically be extended for sixty days or until the application is approved or denied, whichever occurs first. B. Planning Commission Action. The Director of Community Development shall review the request and submit the application for the extension, together with a report, to the Planning Commission for approval or denial. A copy of the Planning Director's report shall be forwarded to the subdivider prior to the Planning Commission meeting on the extension. The resolution adopted by the Planning Commission approving an extension shall specify the new expiration date of the tentative subdivision map. If the Planning Commission denies a subdivider's application for extension, the subdivider may appeal to the City Council within fourteen days after denial. (Ord. 1433, (part), 1988; Ord. 1384, Exhibit A (part), 1986) 18.16.110 Amendments to Approved Tentative Map. A. Minor changes in the tentative map may be approved by the Director of Community Department upon application by the subdivider or on its own initiative, provided: 1. No lots, units or building sites are added; 2. The changes are consistent with the intent and spirit of the original tentative map approval; 3. There are no resulting violations of the City of Cupertino Municipal Code. B. Any revision shall be approved by the Director of Community Development and the City Engineer. The amendment shall be indicated on the approved map and certified by the Director of Community Development and the City Engineer. -45- 261 C. Amendments of the tentative map other than minor shall be presented to the original approval authority for approval. Processing shall be in accordance with Sections 18.16.030, Department of Planning and Community Development Review, through 18.16.080, Extension of Time for Planning Commission Recommending Body or City Council Action. D. Any approved amendment shall not alter the expiration date of the tentative map. (Ord. 1384, Exhibit A (part), 1986) Article II. Final Maps. 18.16.120 General. A. The form, contents, accompanying data, and the filing of the final map shall conform to the provisions of this chapter. B. The final map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor. (Ord. 1384, Exhibit A (part), 1986) 18.16.130 Survey Required. A. An accurate and complete survey of the land to be subdivided shall be made by a registered civil engineer or licensed land surveyor. All monuments, property lines, centerlines of streets, alleys and easements adjoining or within the subdivision shall be tied into the survey. The allowable error of closure on any portion of the final map shall not exceed one part in ten thousand for field closures and one part of twenty thousand for calculated closures. B. At the time of making the survey for the final map, the engineer or surveyor shall set sufficient durable monuments to conform with the standards described in Section 8771 of the Business and Professions Code so that another engineer or surveyor may readily retrace the survey. At least one exterior boundary line shall be monumented prior to recording the final map. Other monuments shall be set as required by the City Engineer. Within five days after the final setting of all monuments has been completed, the engineer or the surveyor shall give written notice to the subdivider, and to the City Engineer, that the final monuments have been set. (Ord. 1384, Exhibit A (part), 1986) 18.16.140 Form. The form of the final map shall conform to the Subdivision Map Act and as provided in this section: A. The final map shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates, affidavits and -46- 262 acknowledgements may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with suitable substance to assure permanent legibility. B. The size of each sheet shall be eighteen by twenty -six inches. A marginal line shall be drawn completely around each sheet, leaving an entirety blank margin of one inch. The scale of the map shall be not less than one inch equals one hundred feet or as may be necessary to show all details clearly, and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets composing the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown. When four or more sheets including the certificate sheet are used, a key sheet will be included. C. All printing or lettering on the map shall be of one - eighth inch minimum height and of such shape and weight as to be readily legible on prints and other reproductions made from the original drawings. D. All survey and mathematical information and data necessary to locate all monuments and to locate and retrace any and all interior and exterior boundary lines appearing on the map shall be shown, including bearings and distances of straight lines, and radii and arc length or chord bearings and length for all curves, and any information that may be necessary to determine the location of the centers of curves and ties to existing monuments used to establish the subdivision boundaries. E. Each parcel shall be numbered or lettered and each block may be numbered or lettered. Each street shall be named or otherwise designated. The subdivision number shall be shown together with the description of the real property being subdivided. F. The final form of the final map shall be approved by the City Engineer. (Ord. 1384, Exhibit A (part), 1986) 18.16.150 Contents. The contents of the final map shall conform to the Subdivision Map Act and as provided in this section. A. Boundary. The boundary of the subdivision shall be designated by a heavy black line in such a manner as not to obliterate figures or other data. B. Title. Each sheet shall have a title showing subdivision number and name and the location of the property being subdivided with reference to maps which have been previously recorded, or by reference to the plat of a United States Survey. The following words shall appear in the title, "In the City of Cupertino." C. Certificates. The following certificates appear only once on the cover sheet: -47- 263 1. Owner's Certificate. A certificate, signed and acknowledged by all parties having record title interest in the land subdivided, excepting those parties having rights -of -way, easements, or other interests which cannot ripen into a fee, or exceptions provided by the Subdivision Map Act consenting to the preparation and record of the map and offering for dedication to the specific certain specific parcels of land. 2. Trustee's Certificate. A certificate, signed and acknowledged by any trustees of record at time of City Council or City Engineer approval of the final map, consenting to the recording of the map and any offers of dedication. 3. Engineer's or Surveyor's Certificate. a. The following certificate shall appear on the final map: This map was prepared by me or under my direction and is based upon a field survey in conformance with the requirements of the Subdivision Map Act and local ordinances at the request of (name of person authorizing map) on (date). I hereby state that all the monuments are of the character and occupy the positions indicated or that they were set in those positions before (date), and that the monuments are, or will be, sufficient to enable the survey to be retraced, and that this final map substantially conforms to the conditionally approved tentative map. (Signed) R.C.E. (or L.S.) No. b. Recorder's certificate or statement. Filed this day of 20 , at m. in Book of , at page , at the request of Signed County Recorder 4. City Engineer's Certificate/ Surveyors Certificate. a. A certificate by the City Engineer stating that the map has been examined and that it is in accord with the tentative map and any approved alteration thereof, and complies with the Map Act and any local ordinances applicable at the time of the approval of the tentative map have been complied with. Im 264 b. If the City Engineer was registered as a civil engineer before January 1, 1982, he or she may also certify that the map is technically correct. Otherwise, the certification of the technical correctness of the map must be separately attached to the map by a person authorized to practice land surveying pursuant to Section 8700 et seq. of the California Business and Professions Code. 5. Director of Community Development Certificate. A certificate by the Community Development Director stating that the tentative map was approved by resolution of the Planning Commission. The date and number of the resolution shall appear in the certificate. 6. City Clerk's Certificate. A certificate for execution by the City Clerk stating the date and number of the resolution adopted by the City Council approving the final map and stating that the City Council accepted, accepted subject to improvement or rejected on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication. 7. Certificate of Soils and Geologic Report. When a soils report, a geologic report, or soils and geologic reports have been prepared specifically for the subdivision, the fact shall be noted on the final map, together with the date of the report or reports, and the name of the engineer making the soils report and geologist making the geologic report and the location where the reports are on file. The certificate shall read, "A soils and/or geologic report for Subdivision No. * ** was prepared by me or under my direction and was filed with the City on * ** date." 8. County Recorder's Certificate. a. A certificate to be executed by the County Recorder stating that the map has been accepted for filing; that the map has been examined and that it complies with the provisions of State laws and local ordinances governing the filing of final maps. b. The certificate shall show who requested the filing of the map, the time and date the map was filed, and the book and page where the map was filed. 9. Scale, North Point and Basis of Bearings. There must appear on each map sheet the scale, the north point and the basis of bearings based on Zone 3 of the California Coordinates, and the equation of the bearing to true north. The basis of bearings shall be approved by the City Engineer. E. Linear, Angular and Radial Data. Sufficient linear, angular, and radial data shall be shown to determine the bearings and lengths of monument lines, street centerlines, the boundary lines of the subdivision and of the boundary lines on every lot and parcel of the subdivision and ties to existing monuments used to establish the boundary. Length, radius and total central angle or radial bearings of all curves shall be shown. Ditto marks shall not be used in the dimensions and data shown on the map. -49- 265 F. Monuments. The location and description of all existing and proposed monuments shall be shown. Standard City monuments shall be set at (or from offsets as approved by the City Engineer) the following locations: 1. The intersection of street centerlines; 2. Beginning and end of curves in centerlines; 3. At other locations as may be required by the City Engineer. G. Lot Numbers. Lot numbers shall begin with the number one in each subdivision and shall continue consecutively with no omissions or duplications except where contiguous lands, under the same ownership, are being subdivided in successive units, in which event lot numbers may begin with the next consecutive number following the last number in the preceding unit. Each lot shall be shown entirely on one sheet of the final map, unless approved by the City Engineer. H. Adjoining Properties. The adjoining corners of all adjoining subdivisions shall be identified by subdivision number, or name when not identified by official number, and reference to the book and page of the filed map showing subdivision; and, if no such subdivision is adjacent, then by the name of the owner and reference to the recorded deed by book page number for the last recorded owner of adjacent property. L City Boundaries. City boundaries which cross or join the subdivisions shall be clearly designated. J. Street Names. The names of all streets, alleys or highways within or adjoining the subdivision shall be shown. K. Easements. 1. Easements for roads or streets, paths, storm -water drainage, sanitary sewers, energy utilities and /or public utilities, water utilities, or other public use as may be required, shall be dedicated to the public for acceptance by the City or other public agency, and the use shall be specified on the map. If, at the time the final map is approved, any streets, paths, alleys or storm drainage easements are not accepted by the City Council or City Engineer, the offer of dedication shall remain open and the City Council or City Engineer may, by resolution at any later date, accept and open the streets, paths, alleys or storm drainage easements for public use, which acceptance shall be recorded in the office of the County Recorder. 2. All easements of record shall be shown on the map, together with the name of the grantee and sufficient recording data to identify the conveyance, e.g., recorder's serial number and date, book and page of official records. -50- 266 3. Easements not disclosed by the records in office of the County Recorder and found by surveyor or engineer to be existing, shall be specifically designated on the map, identifying the apparent dominant tenements for which the easement was created. 4. The sidelines of all easements of record shall be shown by dashed lines on the final map with the widths, lengths and bearings of record. The width and location of all easements shall be approved by the City Engineer. 5. The City Engineer shall accept any dedications lying outside the subdivision boundary which require a separate grant deed. The acceptance shall be recorded in the office of the County Recorder. (Ord. 1609, § 1 (part), 1992; Ord. 1384, Exhibit A (part), 1986) 18.16.160 Submittal for City Approval - Preliminary Submittal. The subdivider shall submit four sets of prints of the final map to the City Engineer for checking. The preliminary prints shall be accompanied by two copies of the following data, plans, reports and documents in a form as approved by the City Engineer: A. Improvement Plans. Improvement plans as required by Article VI of Chapter 18.32 of this title; B. Soils Report. A soils report prepared in accordance with Chapter 16.12 of this code; C. Title Report. A title report showing the legal owners at the time of submittal of the final map; D. Improvement Bond Estimate. The improvements bond estimate shall include all improvements within public rights -of -way, easements, or common areas and utility trench backfill as provided by the developer, except for those utility facilities installed by a utility company under the jurisdiction of the California Public Utilities Commission; E. Deeds for Easements or Rights -of -way. Deeds for easements or rights -of -way required for road or drainage purposes which have not been dedicated on the final map. Written evidence acceptable to the City in the form of rights of entry or permanent easements across private property outside of the subdivision permitting or granting access to perform necessary construction work and permitting the maintenance of the facility; F. Joint Use of Right -of -way Agreement. Agreements, acceptable to the City, executed by all owners of all utility and other easements within the proposed rights -of -way consenting to the joint use of the rights -of -way, as may be required by the City for public use and convenience of the road shall be required. These owners shall join in the dedication and subordinate their rights to the right of the public in the road; -51- 267 G. Traverse Closures. Traverse closures for the boundary blocks, lots, easements, street centerlines and monument lines. The error of field closures in the traverse around the subdivision and around the interior lots or blocks shall not exceed one part in twenty thousand; H. Hydrology and Hydraulic Calculations. Complete hydrology and hydraulic calculations of all storm drains; L Organization Documents. The submittal of the final map or parcel map shall include the proposed declaration of covenants, conditions and restrictions, and all other organizational documents for the subdivision in a form as defined by Civil Code Section 1351. All documents shall be subject to review by the City Engineer and City Attorney; J. Any additional data, reports or information as required by the City Engineer. (Ord. 1609, § 1 (part), 1992; Ord. 1384, Exhibit A (part), 1986) 18.16.170 Submittal for City Approval -City Engineer's Review. The City Engineer shall review the final map and the subdivider's engineer or surveyor shall make corrections and /or additions until the map is acceptable to the City Engineer. (Ord. 1384, Exhibit A (part), 1986) 18.16.180 Submittal for City Approval - Approval by the City Engineer. A. Upon receipt of an approved print, the subdivider shall submit the original tracing of the revised map, prepared in accordance with the Map Act and this title and corrected to its final form, and signed by all parties required by the Map Act and this title to execute the certificates on the map, to the City Engineer. B. The City Engineer and Director of Community Development shall sign the appropriate certificates and transmit the original to the City Clerk. (Ord. 1384, Exhibit A (part), 1986) 18.16.190 Submittal for City Approval - Approval by City Council. A. The final map, upon approval by the City Engineer and Director of Community Development, together with the subdivision improvement agreement, shall be placed on the Council agenda for their approval. The City Council shall consider the final map for approval within ten days after filing with the City Clerk, or at its next regular meeting at which it receives the map, whichever is later. The City Council shall have approved the subdivision improvement agreement before approving the final map. In the alternative, the City Engineer may hold a public meeting and approve the Final Map. The City Manager may approve the subdivision improvement agreement, following approval by the City Engineer, Director of -52- .: Community Development and City Attorney. The City Engineer may reject the final map and defer approval until an acceptable agreement and/or final map has been resubmitted. B. If the subdivision improvement agreement and final map are approved by the City Manager, he or she shall instruct the City Engineer to execute the agreement on behalf of the City. If the subdivision improvement agreement and /or final map is unacceptable, the City Manager shall make their recommended corrections, instruct the City Engineer to draft a new agreement and/or revise the final map and defer approval until an acceptable agreement and/or final map has been resubmitted. (Ord. 1384, Exhibit A (part), 1986) 18.16.200 Submittal for City Approval - Denial by the City Council or City Engineer. A. The City Council or City Engineer shall deny approval of the final map upon making any of the findings contained in Section 18.16.060, Recommending Denial upon Certain Findings, of this title. B. The City Council or City Engineer shall not deny approval of the final map if it has previously approved a tentative map for the proposed subdivision and if it finds that the filial map is in substantial compliance with the previously approved tentative map. (Ord. 1384, Exhibit A (part), 1986) 18.16.210 Submittal for City Approval - Filing with the County Recorder. If the final map is not subject to Section 66493 of the Government Code (relating to security for taxes and special assessments not yet payable), upon approval by the City Council or City Engineer and receipt of the improvement security by the City Engineer, the City Clerk shall execute the appropriate certificate on the certificate sheet and forward the map, to the County Recorder. If a final map is subject to Section 66493 of the Government Code, the City Clerk shall forward the map to the Clerk of the Board of Supervisors for processing under Government Code Section 66464(b) . (Ord. 1384, Exhibit A (part), 1986) 18.16.220 Submittal for City Approval - Submittal by Units. Multiple final maps relating to an approved or conditionally approved tentative map may be filed prior to the expiration of the tentative map if: (a) the subdivider, at the time the tentative map is filed, informs the Director of Community Development of the subdivider's intention to file multiple final maps on such tentative map, or (b) after filing of the tentative map, the local agency and the subdivider concur in the filing of multiple final maps. In providing such notice, the subdivider shall not be required to define the number or configuration of the proposed multiple final maps. The filing of a final map on a -53- 269 portion of an approved or conditionally approved tentative map shall not invalidate any part of the tentative map. Each final map which constitutes a part, or unit, of the approved subdivision improvement agreement to be executed by the subdivider shall provide for the construction of improvements as may be required to constitute a logical and orderly development of the whole subdivision by units. (Ord. 1384, Exhibit A (part), 1986) -54- 270 CHAPTER 18.20: PARCEL MAPS (FOUR OR LESS PARCELS) Section Article I. Tentative Parcel Map. 18.20.010 Form and Content. 18.20.020 Submittal to Department of Community Development. 18.20.030 Review and Notice of Public Hearings. 18.20.040 Approval - Required Findings. 18.20.050 Denial Upon Certain Findings. 18.20.060 Appeals. 18.20.070 Appeals of Decisions - Procedure. 18.20.080 Expiration and Extensions. Article II. Parcel Maps. 18.20.090 General. 18.20.100 Survey Required. 18.20.110 Form and Contents. 18.20.120 Preliminary Submittal. 18.20.130 Review by City Engineer. 18.20.140 Approval by City Engineer. 18.20.150 Filing with the County Recorder. 18.20.160 Waiver of Parcel Map Requirements. Article I. Tentative Parcel Map. 18.20.010 Form and Content. The tentative parcel map shall be clearly and legibly drawn on one sheet in a manner acceptable to the Department of Community Development, shall be prepared by a registered civil engineer or licensed land surveyor, and shall contain such information as required by the Department of Community Development. (Ord. 1384, Exhibit A (part), 1986) 18.20.020 Submittal to Department of Community Development. Any person making a division of land for which a parcel map is required shall, in accordance with the provisions of this chapter, file an application, together with copies of the map, plan checking deposits and review fees as may be required. -55- 271 (Ord. 1384, Exhibit A (part), 1986) 18.20.030 Review and Notice of Public Hearings. A. Upon receipt of a valid application by the Department of Community Development, the Director of Community Development shall set the matter for public meeting. At least ten calendar days before the public meeting, he or she shall cause notice to be given of the time, date and place of such hearing including a general explanation of the matter to be considered and a general description of the area affected, and the street address, if any, of the property involved. B. The notice shall be published at least once in a newspaper of general circulation, published and circulated in the City. C. In addition to notice by publication, the City shall give notice of the hearing by mail or delivery to all persons, including businesses, corporations or other public or private entities, shown on the last equalized assessment roll as owning real property within three hundred feet of the property which is the subject of the proposed change. D. In addition, in the case of a proposed conversion of residential real property to a condominium, community apartment or stock cooperative project, notice shall be given as required by Section 66427.1 of the Map Act. E. In addition, notice shall be given by first class mail to any person who has filed a written request with the Department of Community Development. The City may impose a reasonable fee on persons requesting such notice for the purpose of recovering the cost of such mailing. F. Substantial compliance with these provisions therewith to notice shall be sufficient and a technical failure to comply shall not affect the validity of any action taken pursuant to the procedures set forth in this chapter. G. The Director of Community Development shall approve or deny the tentative parcel map within fifty days after the tentative parcel map has been accepted for filing. H. If no action is taken by the City within the time limit as specified, the tentative map as filed shall be deemed to be approved, insofar as it complies with other applicable provisions of the Map Act, this title and all local ordinances, and it shall be the duty of the City Clerk to certify the approval. (Ord. 1384, Exhibit A (part), 1986) 18.20.040 Approval- Required Findings. A. In approving or conditionally approving the tentative parcel map, the Director of Community Development shall find that the proposed subdivision, together with its provisions for its design and improvements, is: -56- 272 1. Consistent with applicable general or specific plans adopted by the City and 2. Designed for future passive solar in accordance with Government Code Section 66473.1. B. The Director of Community Development may modify or delete any of the conditions of approval recommended in the Department of Community Development's report, except conditions required by City ordinance, related to public health and safety or standards required by the City Engineer, or impose additional requirements as a condition of approval. (Ord. 1384, Exhibit A (part), 1986) 18.20.050 Denial Upon Certain Findings. A. The tentative parcel map may be denied by the Director of Community Development on any of the grounds provided by City ordinance or the Map Act. B. The Director of Community Development shall deny approval of the tentative parcel map if it makes any of the following findings: 1. That the proposed map is not consistent with applicable general and specific plans; 2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans; 3. That the site is not physically suitable for the type of development; 4. That the site is not physically suitable for the proposed density of development; 5. That the design of the subdivision or the proposed improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat; 6. That the design of the subdivision or the type of improvements is likely to cause serious public health problems; 7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the Director of Community Development may approve a map if it finds that alternate easements for access or for use will be provided, and that these will be substantially equivalent to ones previously acquired by the public. (Ord. 1384, Exhibit A (part), 1986) 18.20.060 Appeals. A. Any interested person adversely affected by any action by the Director of Community Development with respect to the tentative map may, within fourteen days of the Director of -57- 273 Community Development's decision, appeal the action to the Planning Commission in accordance with Section 18.20.070. B. If an appeal is not filed, the Director of Community Development's decision shall be final. (Ord. 1384, Exhibit A (part), 1986) 18.20.070 Appeals of Decisions - Procedure. The Planning Commission shall consider the appeal within thirty days. This appeal shall be a public hearing with notice being given pursuant to Section 18.16.040, Notice of Public Hearings, and with additional notices to be given to the subdivider and to the appellant. Upon conclusion of the public hearing, the Planning Commission shall within seven days declare its findings. The Planning Commission may sustain, modify, reject, or overrule any recommendations or rulings of the Director of Community Development and may make such findings as are not inconsistent with the provisions of this title or the Map Act. The decision of the Planning Commission is final unless appealed to the City Council. The provisions and procedures for appeals to the City Council shall be pursuant to this section. (Ord. 1384, Exhibit A (part), 1986) 18.20.080 Expiration and Extensions. A. The expiration of a tentative parcel map and any extensions granted thereon are governed by the provisions relating to the expiration and extensions of tentative subdivision maps as described in Sections 18.16.090, Expiration, and 18.16.100, Extensions. B. Director of Community Development Action. Upon receipt of an application for extension of a parecel map, the Director of Community Development shall review the request and either approve or deny the application. The Director of Community Development shall endeavor to forward a report to the Planning Commission and the City Council about his or her decision. If the Director of Community denies a subdivider's application for extension, an appeal may be filed pursuant to Section 18.20.060, Appeals. (Ord. 1433, (part), 1988; Ord. 1384, Exhibit A (part), 1986) Article II. Parcel Maps. 18.20.090 General. The form and contents, submittal, approval and filing of parcel maps shall conform to the provisions of this article and the Map Act. (Ord. 1384, Exhibit A (part), 1986) Im 274 18.20.100 Survey Required. An accurate and complete survey of the land to be subdivided shall be made by a registered civil engineer or licensed land surveyor. All monuments, property lines, centerlines of streets, alleys and easements adjoining or within the subdivision shall be tied into the survey. The allowable error of closure on any portion of the parcel map shall not exceed one part in ten thousand for field closures and one part in twenty thousand for calculated closures. (Ord. 1384, Exhibit A (part), 1986) 18.20.110 Form and Contents. A. The form and contents of the parcel map shall conform to final map form and content requirements as specified by Article II of Chapter 18.16, Subdivision Maps (Five or More Parcels), of this title and as modified herein. B. Certificates shall be in accordance with Section 66449 of the Government Code with the addition of the trustee's certificate according to Section 18.16.150(C). C. Lots shall be designated by letters commencing with A. (Ord. 1384, Exhibit A (part), 1986) 18.20.120 Preliminary Submittal. A. The subdivider shall submit three sets of prints of the parcel map to the City Engineer for checking. The preliminary prints shall be accompanied by two copies of the data, plans, reports and documents as required for final maps by Section 18.16.160, Submittal for City Approval - Preliminary Submittal, and as modified herein. B. The City Engineer may waive any of the requirements upon finding that the location and nature of the proposed subdivision is such as not to necessitate compliance with the requirements of Article II of Chapter 18.16, Subdivision Maps (Five or More Parcels). C. Any additional information or documents required shall be as specified with the conditions of approval of the tentative map. (Ord. 1384, Exhibit A (part), 1986) 18.20.130 Review by City Engineer. The City Engineer shall review the parcel map and the subdivider's engineer shall make corrections and /or additions until the map is acceptable to the City Engineer. (Ord. 1384, Exhibit A (part), 1986) -59- 275 18.20.140 Approval by City Engineer. Upon receipt of an approved print, the subdivider shall submit the original tracing of the revised map, prepared in accordance with the Map Act and this title and corrected to its final form, and signed by all parties required by the Map Act and this title to execute the certificates on the map, to the City Engineer. (Ord. 1384, Exhibit A (part), 1986) 18.20.150 Filing with the County Recorder. The City Clerk shall transmit the approved parcel map directly to the County Recorder. (Ord. 1384, Exhibit A (part), 1986) 18.20.160 Waiver of Parcel Map Requirements. A. The City Engineer, upon concurrence of the Director of Community Development, may waive the parcel map requirement for division of real property or interests therein created by probate, eminent domain procedures, partition, or other civil judgments or decrees. B. Upon waiving the parcel map requirement, a plat map, in a form as required by the City Engineer shall be required for lot line adjustments, mergers, certificates of compliance and parcel map waivers. C. Upon waiving the parcel map requirement, the City Engineer shall also cause to be filed with the County Recorder a Certificate of Compliance for the land to be divided. D. A parcel map waived by the City Engineer may be conditioned to provide for payment of parkland, drainage, and other fees as required by City ordinances or resolutions. (Ord. 1384, Exhibit A (part), 1986) .1 276 CHAPTER 18.24: DEDICATIONS AND RESERVATIONS Section Article I. Dedication of Streets, Alleys, Rights -of -Way and Easements. 18.24.010 Dedication of Streets, Alleys, and Other Public Rights -of -way or Easements. Article II. Park Land Dedication. 18.24.020 Purpose. 18.24.030 Requirements. 18.24.040 General Standard. 18.24.050 Standards and Formula for Dedication of Land. 18.24.060 Formula for Fees in Lieu of Land Dedication. 18.24.070 Criteria for Requiring Both Dedication and Fee. 18.24.080 Amount of Fee in Lieu of Park Land Dedication. 18.24.090 Subdividers Not Within General Plan. 18.24.100 Determination of Land or Fee. 18.24.110 Credit for Private Recreation or Open Space. 18.24.115 Credit for Existing Residential Units. 18.24.120 Procedure. 18.24.130 Commencement of Development. Article 111. 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. -61- 277 18.24.230 Waiver of Direct Street Access. Article I. Dedication of Streets, Alleys, Rights -of -Way and Easements. 18.24.010 Dedication of Streets, Alleys, and Other Public Rights -of -way or Easements. A. As a condition of approval of a final map or parcel map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for streets and alleys, including access rights and abutters' rights; drainage; public utility easements; bicycle paths, transit facilities, solar access easements, park land, fire stations, libraries, access to public resources and other public easements as required. B. Improvements shall be in accordance with Chapter 18.32, Subdivision Improvements, of this title. (Ord. 1384, Exhibit A (part), 1986) Article H. Park Land Dedication. 18.24.020 Purpose. This section is enacted pursuant to the authority granted by the Government Code. The park and recreational facilities for which dedication of land and /or payment of a fee is required by this chapter are in accordance with the open space and conservation element of the adopted General Plan of the City of Cupertino, and any amendments. (Ord. 1384, Exhibit A (part), 1986) 18.24.030 Requirements. A. As a condition of approval of a final subdivision map or parcel map, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the City, for park or recreational purposes at the time and according to the standards and formula contained in this chapter. B. The provisions of this chapter are not applicable to the following land use categories: 1. Commercial or industrial subdivisions; 2. Condominium conversion projects or stock cooperatives which consist of the subdivision of air space in an existing apartment building which is more than five years old when no new dwelling units are added; 3. Convalescent hospitals and similar dependent care facilities. (Ord. 1384, Exhibit A (part), 1986) -62- 278 18.24.040 General Standard. The public interest, convenience, health, welfare and safety require that three acres of property for each one thousand persons be devoted for neighborhood park and recreational purposes. (Ord. 1384, Exhibit A (part), 1986) 18.24.050 Standards and Formula for Dedication of Land. A. Where a park or recreational facility has been designated in the open space and conservation element of the General Plan of the City, and is to be located in whole or in part within the proposed subdivision to serve the immediate and future need of the residents of the subdivision, the subdivider shall dedicate land for a local park sufficient in size and topography to serve the residents of the subdivision. The subdivider shall provide park lands as related to the need for a neighborhood park and therefore, the formula for dedication of park land for residential development should be based upon three acres of park land per one thousand persons. B. The formula for determining acreage to be dedicated shall be as follows: Average number of Persons/ Unit Park Acreage Standard 1000 Population Example for single- family DU: 3.5 x 3 1000 = 0.0105 ac /U Table 18.24.050, of population density, is to be followed. In the event apartment -zoned land is subdivided, the park land dedication formula shall be applied as related to the maximum number of units permitted by the zoning classification of the property. (Ord. 1384, Exhibit A (part), 1986) 18.24.060 Formula for Fees in Lieu of Land Dedication. A. General Formula. If there is no park or recreation facility designated in the open space and conservation element of the General Plan to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall, in lieu of dedicating land, pay a fee equal to the market value of the land prescribed for dedication in Section 18.24.080, Amount of Fee in Lieu of Park Land Dedication, -63- 279 this fee to be determined to be used for a local park which will serve the residents of the area to be subdivided. Valuation of the land described above shall be determined, for in lieu fee purposes, under the procedures described in Section 18.24.080, Amount of Fee in Lieu of Park Land Dedication. B. Fees in Lieu of Land -Fifty Parcels or Less. If the proposed subdivision contains fifty parcels or less, the subdivider shall pay a fee equal to the land value of the portion of the local park required to serve the needs of the residents of the proposed subdivision as prescribed in Section 18.24.050 and in an amount determined in accordance with the provisions of Section 18.24.080, Amount of Fee in Lieu of Park Land Dedication. C. Use of Money. The money collected shall be paid to the treasurer of the City or his or her authorized agent. Such money shall be placed in a special revenue fund which is hereby created and which shall be known as the "park dedication in -lieu fee fund." Money within this fund shall be used and expended solely for the acquisition, improvement, expansion or implementation of parks and recreational facilities reasonably related to serving the public by way of the purchase of necessary land, or, if the City Council deems that there is sufficient land available for this use, then secondly this money shall be used for improving such land for park and recreational purposes. TABLE 18.24.050 Park Land Dedication Formula Table Types of Dwellings Density DU /acre Average Household Size/DU Average Acreage Requirement/DU, Based on 3 -acre Standard Single- Family 0--5 3.5 .0105 Duplex, medium low 5--10 2.0 .0060 Cluster, medium 10 - -20 2.0 .0060 Cluster, medium high 20+ 1.8 .0054 Apartments 10+ 1.8 .0054 Elderly housing* All ranges 11.0 .0030 * A project which is occupied by an elderly household as defined in Section 50067 of the Health and Safety Code. (Ord. 1609, § 1 (part), 1992; Ord. 1384, Exhibit A (part), 1986) 18.24.070 Criteria for Requiring Both Dedication and Fee. In subdivisions of over fifty parcels, the subdivider shall both dedicate land and pay a fee in lieu thereof in accordance with the following formula: -64- :1 A. When only a portion of the land to be subdivided is proposed in the open space and conservation element of the General Plan as the site for a local park, the portion shall be dedicated for local park purposes and a fee computed pursuant to the provisions of Section 18.24.080 shall be paid for any additional land that would have been required to be dedicated pursuant to Section 18.24.050, Standards and Formula for Dedication of Land. B. When a major part of the local park or recreational site has already been acquired by the City and only a small portion of land is needed from the subdivision to complete the site, the remaining portion shall be dedicated and a fee computed pursuant to the provisions of Section 18.24.080 shall be paid in an amount equal to the value of the land which would otherwise have been required to be dedicated pursuant to Section 18.24.050, Standards and Formula for Dedication of Land, the fees to be used for the improvement of the existing park and recreational facility or for the improvement of other local parks and recreational facilities in the area serving the subdivision. (Ord. 1384, Exhibit A (part), 1986) 18.24.080 Amount of Fee in Lieu of Park Land Dedication. When a fee is required to be paid in lieu of park land dedication, the amount of the fee shall be determined, by the Director of Public Works, based upon the fair market value of the land which would otherwise be required to be dedicated pursuant to Section 18.24.050, Standards and Formula for Dedication of Land, determined by reference to comparable land within the general area of the subject land. As used herein, the term "comparable' means land of similar size and development potential as the land which would otherwise be dedicated. The date of valuation of the property for in -lieu fee purposes shall be the date that the subdivider submits his or her written request for a final subdivision map. B. The fee shall be paid pursuant to the provisions contained in Section 18.24.060, Formula for Fees in Lieu of Land Dedication. C. If a subdivider objects to the fair market value determination made by the Director of Public Works, he or she may, at his or her own expense, obtain an appraisal of the property by a qualified real estate appraiser approved by the City, which appraisal of fair market value may be accepted by the City Council, if found reasonable. Alternatively, the City and the subdivider may agree as to the fair market value. (Ord. 1609, § 1 (part), 1992; Ord. 1384, Exhibit A (part), 1986) 18.24.090 Subdividers Not Within General Plan. Where the proposed subdivision lies within an area not then but to be included within the City's General Plan, the subdivider shall dedicate land, pay a fee in lieu, or both, in accordance with the adopted park and recreational principles and standards of the City's General Plan and in accordance with the provisions of this chapter. -65- 281 (Ord. 1384, Exhibit A (part), 1986) 18.24.100 Determination of Land or Fee. A. If the relationship between a proposed subdivision containing fifty parcels or more and the open space and conservation element is unclear, the City Council shall determine whether it accepts land dedication or elects to require payment of a fee, by consideration of the following: 1. Topography, geology, access and location of land in the subdivision available for dedication; 2. Size and shape of the subdivision and land available for dedication; 3. Feasibility of dedication; 4. Availability of previously acquired park property. B. The determination of the City as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive. (Ord. 1384, Exhibit A (part), 1986) 18.24.110 Credit for Private Recreation or Open Space. Where private open space for park and recreational purposes is provided in a proposed subdivision, fifty percent credit shall be given against the requirement of land dedication or payment of fees in lieu thereof, if the City Council finds that it is in the public interest to do so and that all the following standards are met: A. That yards, court areas, setbacks, decorative landscape areas normally associated with residential site design and other open areas required to be maintained by the zoning and building ordinances and regulations shall not be included in the computation of such private open space; B. That such space is to be wholly or partially owned and maintained by the future residents of the subdivision and that the private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyance or restrictions; C. That the use of the private open space is restricted for park and recreational purposes by recorded covenant, which runs with the land in favor of the future owners of property and which cannot be defeated or eliminated without the consent of the City or its successor; D. That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location; E. That facilities proposed for the open space are in substantial accordance with the provisions of the open space and conservation element of the General Plan; and -66- : I F. That the open space for which credit is given complies with the following standards: 1. The total usable open space acreage must be equivalent to a ratio of three acres of land for each one thousand person, or a fraction thereof, generated by the development. The computation for determining acreage is described in Section 18.24.050, Standards and Formula for Dedication of Land. 2. The open space must contain the following mandatory elements and at least four of the six optional elements: The combined minimum acreage for a facility with a recreation center and children's play apparatus area is 1.3 acres. The minimum combined acreage for a facility not including a recreation center or children's play area is 1.5 acres. The City Council may grant park credit for a combination of the above elements or a combination of the above elements and other recreation improvements that will meet the specific recreation needs of a specialized housing development, such as a senior housing development with occupancy controlled via a covenant with the City named as a third party beneficiary. Before credit is given, the City Council shall adopt written findings that the above standards are met, and shall require the recordation of covenants running with the land to ensure that credited elements are maintained. (Ord. 1674,1995; Ord. 1384, Exhibit A (part), 1986) 18.24.115 Credit for Existing Residential Units. Where any lot or lots of a proposed subdivision contains existing residential units, a credit shall be given against the requirement of land dedication or payment of fees in lieu thereof for each lot which contains residential unit or units. As used herein, the term "existing" refers to a residential unit or units which exist at the time of the recordation of a final map or which were demolished within one year prior of the tentative map application. (Ord. 1853, § 2, 2000) 18.24.120 Procedure. A. At the time of approval of the tentative subdivision map, the City Council shall determine pursuant to Section 18.24.100 the land to be dedicated and /or fees to be paid by the subdivider. B. At the time of the filing of the final subdivision map, the subdivider shall dedicate the land/ or pay the fees as previously determined by the City Council. -67- 283 C. Open space covenants for private park or recreational facilities shall be submitted to the City prior to approval of the final subdivision map and shall be recorded simultaneously with the final subdivision map. (Ord. 1384, Exhibit A (part), 1986) 18.24.130 Commencement of Development. At the time of approval of the final subdivision map, the City Council shall specify when development of the park or recreational facilities shall be commenced. (Ord. 1384, Exhibit A (part), 1986) Article III. School Site Dedication. 18.24.140 General. Unless otherwise prohibited by law, as a condition of approval of a final subdivision map, a subdivider who develops or completes the development of one or more subdivisions within a school district shall dedicate to the school district such lands as the City Council shall deem to be necessary for the purpose of constructing thereon schools necessary to assure the residents of the subdivision adequate elementary school service. (Ord. 1384, Exhibit A (part), 1986) 18.24.150 Procedure. The requirement of dedication shall be imposed at the time of approval of the tentative map. If within thirty days after the requirement of dedication is imposed by the City the school district Minimum Acreage Mandatory Element Turfed playfield .50 The playfield shall be a single unit of land which is generally level and free of physical barriers which would inhibit group play activities. Optional Elements Children's play apparatus area .15 Recreational community gardens .25 Family picnic area .25 Game court area .25 Swim pool (42' x 75' with adjacent deck and lawn areas) .25 Recreation center buildings and grounds .15 C. Open space covenants for private park or recreational facilities shall be submitted to the City prior to approval of the final subdivision map and shall be recorded simultaneously with the final subdivision map. (Ord. 1384, Exhibit A (part), 1986) 18.24.130 Commencement of Development. At the time of approval of the final subdivision map, the City Council shall specify when development of the park or recreational facilities shall be commenced. (Ord. 1384, Exhibit A (part), 1986) Article III. School Site Dedication. 18.24.140 General. Unless otherwise prohibited by law, as a condition of approval of a final subdivision map, a subdivider who develops or completes the development of one or more subdivisions within a school district shall dedicate to the school district such lands as the City Council shall deem to be necessary for the purpose of constructing thereon schools necessary to assure the residents of the subdivision adequate elementary school service. (Ord. 1384, Exhibit A (part), 1986) 18.24.150 Procedure. The requirement of dedication shall be imposed at the time of approval of the tentative map. If within thirty days after the requirement of dedication is imposed by the City the school district does not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement shall be automatically terminated. The required dedication may be made any time before, concurrently with, or up to sixty days after the filing of the final map on any portion of the subdivision. (Ord. 1384, Exhibit A (part), 1986) 18.24.160 Payments to Subdivider for School Site Dedication. The school district shall, if it accepts the dedication, repay to the subdivider or his or her successors the original cost to the subdivider of the dedicated land, plus a sum equal to the total of the following amounts: A. The cost of any improvements to the dedicated land since acquisition by the subdivider; B. The taxes assessed against the dedicated land from the date of the school district's offer to enter into the binding commitment to accept the dedication; C. Any other costs incurred by the subdivider in maintenance of such dedicated land, including interest costs incurred on any loan covering such land. (Ord. 1384, Exhibit A (part), 1986) 18.24.170 Exemptions. The provisions of this article shall not be applicable to a subdivider who has owned the land being subdivided for more than ten years prior to the filing of the tentative maps. (Ord. 1384, Exhibit A (part), 1986) Article IV. Reservations. 18.24.180 General. As a condition of approval of a map, the subdivider shall reserve sites, appropriate in area and location, for parks, recreational facilities, fire stations, libraries or other public uses according to the standards and formula contained in this article. (Ord. 1384, Exhibit A (part), 1986) 18.24.190 Standards for Reservation of Land. Where a park, recreational facility, fire station, library, or other public use is shown on an adopted specific plan or adopted general plan containing a community facilities element, recreation and parks element and /or a public building element, the subdivider may be required by 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 -69- 285 land to be reserved shall not make development of the remaining land held by the subdivider economically unfeasible. The reserved area shall conform to the adopted specific plan or General Plan and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period. (Ord. 1384, Exhibit A (part), 1986) 18.24.200 Procedure. The public agency for whose benefit an area has been reserved shall, at the time of approval of the final map or parcel map, enter into a binding agreement to acquire reserved area within two years after the completion and acceptance of all improvements, unless the period of time is extended by mutual agreement. (Ord. 1384, Exhibit A (part), 1986) 18.24.210 Payment to Subdivider. The purchase price shall be the market value at the time of the filing of the tentative map plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of the reserved area, including interest costs incurred on any loan covering the reserved area. (Ord. 1384, Exhibit A (part), 1986) 18.24.220 Termination. If the public agency for whose benefit an area has been reserved does not enter into a binding agreement, the reservation of the area shall automatically terminate. (Ord. 1384, Exhibit A (part), 1986) Article V. Waiver of Direct Street Access. 18.24.230 Waiver of Direct Street Access. A. The City may require as a condition of approval of any subdivision the waiver of direct access rights to proposed or existing streets from any property within the subdivision and abutting thereon. B. Any waiver shall become effective in accordance with its provisions and shall be contained in the owner's certificate of the final map or parcel map. (Ord. 1384, Exhibit A (part), 1986) -70- :. CHAPTER 18.28: VESTING TENTATIVE SUBDIVISION MAPS Section 18.28.010 General. 18.28.020 Consistency. 18.28.030 Application. 18.28.040 Filing and Processing. 18.28.050 Fees. 18.28.060 Expiration. 18.28.070 Vesting on Approval of Vesting Tentative Map. 18.28.010 General. The form, contents, submittal and approval of vesting tentative subdivision maps shall be governed by the provisions of this chapter. (Ord. 1384, Exhibit A (part), 1986) 18.28.020 Consistency. No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the General Plan and any applicable specific plan or not permitted by the Zoning Ordinance or other applicable provisions of the Municipal Code. (Ord. 1384, Exhibit A (part), 1986) 18.28.030 Application. A. Whenever a provision of the Map Act, as implemented and supplemented by other provisions of this title, requires filing of a tentative map or tentative parcel map, a vesting tentative map may instead be filed, in accordance with these provisions. B. If a subdivider does not seek the rights conferred by the Vesting Tentative Map Statute, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction. (Ord. 1948, (part), 2004; Ord. 1384, Exhibit A (part), 1986) 18.28.040 Filing and Processing. A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports and shall be processed in the same manner as set forth in the other provisions of this title for a tentative map except as follows: -71- 287 A. At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words "Vesting Tentative Map." B. A conceptual zoning plan must be adopted and in effect and a planned development permit must be approved and in force prior to the filing of a vesting tentative map for property located in a planned development zone. C. A development zoning plan or conceptual zoning plan must be adopted as in effect prior to the filing of a vested tentative map for the subject property. D. At the time a vesting tentative map is filed, a subdivider shall also file these other applications, complete with required fees, plans, and other documentation that would otherwise be required for the recordation of a final map and issuance of building permits. (Ord. 2056, (part), 2010; Ord. 1948, (part), 2004; Ord. 1384, Exhibit A (part), 1986) 18.28.050 Fees. Upon filing a vesting tentative map, the subdivider shall pay the fees required by the other provisions of this title for the filing and processing of a tentative map. Unless otherwise stated in other provisions of this title and established fee schedules, the amount of the fee shall be determined at the time the final map is authorized by City Council for recordation. (Ord. 1384, Exhibit A (part), 1986) 18.28.060 Expiration. The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions, established by other provisions of this title for the expiration of the approval or conditional approval of a tentative map. (Ord. 1384, Exhibit A (part), 1986) 18.28.070 Vesting on Approval of Vesting Tentative Map. A. Vesting. The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards described in Government Code Section 66474.2. B. Conditional or Denial. Notwithstanding subsection A of this section, a permit, approval, extension or entitlement may be made conditional or denied if any of the following are determined: 1. A failure to do so would place the residence of the subdivision or the immediate community, or both, in a condition dangerous to their health and /or safety; 2. The condition or denial is required in order to comply with state or federal law. -72- .. C. Duration of Rights. The rights referred to in this section shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section 18.28.070. If the final map is approved, these rights shall last for the following periods of time: 1. An initial time period of one year. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded. 2. The initial time period set forth in subdivision 1 of this subsection shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds thirty days from the date a complete application is filed. 3. A subdivider may apply for a one -year extension at any time before the initial time period set forth in subdivision 1 of this subsection expires. If the extension is denied, the subdivider may appeal that denial to the legislative body within fourteen days. 4. If the subdivider submits a complete application for a building permit during the periods of time specified in subdivisions 1 through 3 of this subsection, the rights referred to in this section shall continue until the expiration of that permit, or any extension of that permit. (Ord. 1384, Exhibit A (part), 1986) -73- i• CHAPTER 18.32: SUBDIVISION IMPROVEMENTS Section Article I. General. 18.32.010 General. Article 11. Improvements Required. 18.32.020 General. 18.32.030 Frontage Requirements. 18.32.040 Storm Drainage. 18.32.050 Sanitary Sewers. 18.32.060 Water Supply. 18.32.070 Undergrounding Utilities. Article III. Deferred Improvement Agreements. 18.32.080 Subdivisions of Four or less Parcels. 18.32.090 Remainders/ Omitted Units. Article IV. Design. 18.32.100 General. 18.32.110 Energy Conservation. Article V. Access. 18.32.120 Access. Article VI. Improvement Plans. 18.32.130 General. 18.32.140 Form. 18.32.150 Contents. 18.32.160 Supplementary Plans and Calculations. 18.32.170 Review by the City Engineer. 18.32.180 Approval by the City Engineer. 18.32.190 Revisions to Approved Plans -By Subdivider. 18.32.200 Revisions to Approved Plans -By City Engineer. 18.32.210 Revisions to Approved Plans -Plan Checking and Inspection Costs. Article VII. Improvement Agreement. -74- 290 18.32.220 Improvement Agreement. Article VIII. Improvement Security. 18.32.230 General. 18.32.240 Form of Security. 18.32.250 Amount of Security. 18.32.260 Maintenance Deposit. 18.32.270 Warranty Security. 18.32.280 Reduction in Performance Security. Article IX. Release of Improvement Securities. 18.32.290 Performance Security. 18.32.300 Material and Labor Security. 18.32.310 Warranty Security. Article X. Construction. 18.32.320 Construction. Article XI. Construction Inspection. 18.32.330 General. 18.32.340 Preconstruction Conference. 18.32.350 Final Inspection and Deficiency List. Article XII. Completion of Improvements. 18.32.360 Subdivisions of Five or More Parcels. 18.32.370 Subdivisions of Four or less Parcels. 18.32.380 Extensions. Article XIIL Acceptance of Improvements. 18.32.390 General. 18.32.400 Notice of Completion. 18.32.410 Acceptance of a Portion of the Improvements. -75- 291 Article I. General. 18.32.010 General. A. The subdivider shall construct all required improvements both on and off -site according to approved standards. B. No final map or parcel map shall be presented to the Council or the City Engineer for approval until the subdivider either completes the required improvements, or enters into an agreement with the City agreeing to do such work. (Ord. 1384, Exhibit A (part), 1986) Article II. Improvements Required. 18.32.020 General. A. All improvements as may be required as conditions of approval of the tentative map or City ordinance, together with but not limited to, the following shall be required of all subdivisions. B. Requirements for construction of on -site and off -site improvements for subdivisions of four or less parcels shall be noted on the parcel map, or waiver of parcel map or the subdivision improvement agreement recorded prior to or concurrent with the parcel map. C. Completion of improvements shall be in accordance with Article XII of this chapter. (Ord. 1384, Exhibit A (part), 1986) 18.32.030 Frontage Requirements. The frontage of each lot shall be improved to its ultimate adopted geometric section, including street structural section, curbs, sidewalks, driveway approaches and transitions. Any street previously granted a rural or semi -rural designation under the provisions of Section 14.04.040, Requirements - General, shall be improved to the standard adopted for that street. (Ord. 1925, (part), 2003; Ord. 1384, Exhibit A (part), 1986) 18.32.040 Storm Drainage. Stormwater runoff from the subdivision shall be collected and conveyed by an approved storm drain system. The storm drain system shall be designed for ultimate development of the watershed. The storm drain system shall provide for the protection of abutting and offsite properties that would be adversely affected by any increase in runoff attributed to the development; off -site storm drain improvements may be required to satisfy this requirement. (Ord. 1384, Exhibit A (part), 1986) 18.32.050 Sanitary Sewers. Each unit or lot within the subdivision shall be served by an approved sanitary sewer system. -76- 292 (Ord. 1384, Exhibit A (part), 1986) 18.32.060 Water Supply. Each unit or lot within the subdivision shall be served by an approved domestic water system. (Ord. 1384, Exhibit A (part), 1986) 18.32.070 Undergrounding Utilities. A. Each unit or lot within the subdivision shall be served by gas (if required), electric, telephone and cablevision facilities. All utilities within the subdivision and along peripheral streets shall be placed underground in accordance with Chapters 14.20, Underground Utilities- Conversions, and 14.24, Underground Utilities -New Developments, of this code, except those facilities exempted by the Public Utilities Commission regulations. Undergrounding shall be required for overhead lines on both sides of peripheral streets. B. For subdivisions of five or more parcels, the subdivider may request that the undergrounding requirement along peripheral streets be waived by the Planning Commission. The Planning Commission may, at its discretion, accept a fee in lieu of the undergrounding. The amount of fee shall be determined by the City Engineer and shall be one -half of the normal cost of undergrounding existing utilities on residential streets. The requirement for undergrounding or the acceptance of an in- lieu- of- undergrounding fee shall be made a condition of approval of the tentative map. C. For subdivision of five or more parcels the developer may appeal the undergrounding requirement along peripheral streets to the City Council. Such appeal shall be in accordance with Section 18.20.070, Appeals of Decisions - Procedure, of this title. The appeal shall be accompanied by an estimate from each utility company for the approximate cost per lineal foot and total cost to underground its facilities along the peripheral street. The developer shall pay all fees as may be charged by each utility company to make the required estimate. D. The City Council or City Engineer, as the case may be, may, at its discretion, accept a fee in lieu of the undergrounding of existing facilities along peripheral streets. The amount of fee shall not be less than the amount established by the City Engineer for the normal cost of undergrounding of existing utilities along residential streets. E. In -lieu fees shall be deposited in a special undergrounding account to be used as approved by the City Council for future undergrounding of utilities throughout the City. F. For subdivisions of four or less parcels, undergrounding requirements may be waived or modified by the City Engineer upon finding: -77- 293 1. The subdivision is within an area where existing utilities have not been undergrounded; 2. Overhead utilities will have no significant visual impact. G. If the undergrounding requirement is waived as allowed by subsections 1 and 2 of this section, the in -lieu fee as established by the City Engineer shall be paid as a condition of approval of the tentative map. (Ord. 1384, Exhibit A (part), 1986) Article III. Deferred Improvement Agreements. 18.32.080 Subdivisions of Four or less Parcels. A. The frontage improvements along existing peripheral streets may be deferred when deemed necessary by the City Engineer. Deferral will be allowed when the City Engineer finds that construction is impractical due to physical constraints, or the surrounding neighborhood is absent of similar improvements. When improvements are deferred, the subdivider shall enter into an agreement with the City for the installation of all frontage improvements at such time in the future as required by the City. The agreement shall provide: 1. Construction of such improvements shall commence within six months of the receipt of the notice to proceed from the City; 2. That in event of default by the owner, his or her successors or assigns, that City is authorized to cause such construction to be done and charge the entire cost and expense to the owner, his or her successors or assigns, including interest from the date of notice of the cost and expense until paid; 3. That this agreement shall be recorded in the office of the Recorder of Santa Clara County, California, at the expense of the owner and shall constitute notice to all successors and assigns of the title to such real property of the obligation herein set forth, and also a lien in such amount as will fully reimburse the City, including interest as hereinabove set forth, subject to foreclosure in event of default in payment; 4. That in event of litigation occasioned by any default of the owner, his or her successors or assigns, the owner, his or her successors or assigns agree to pay all costs involved, including reasonable attorney's fees, and that the same shall become a part of the lien against such real property; 5. That the term "owner" shall include not only the present owner but also his or her heirs, successors, executors, administrators and assigns, it being the intent of the parties hereto that 294 the obligations herein undertaken shall run with such real property and constitute a lien there against. B. The agreement shall not relieve the owner from any other requirements specified herein. The construction of deferred improvements shall conform to the provisions of this title and all applicable articles of the Municipal Code in effect at the time of construction. (Ord. 1384, Exhibit A (part), 1986) 18.32.090 Remainders /Omitted Units. A. The subdivider may designate as a remainder that portion which is not divided for purpose of sale, lease or financing. Alternatively, the subdivider may omit entirely that portion of any unit or improved or unimproved land which is not divided for the purpose of sale, leasing or financing. In all cases, the remainder or omitted unit shall not be counted as a parcel for the purpose of determining whether a parcel map or a final subdivision map is required under this title. B. For a designated remainder or omitted unit described herein, the fulfillment of construction requirements for improvements, including the payment of fees associated with any deferred improvements, shall not be required until a building permit is issued by the City for development or redevelopment of such remainder or omitted unit, or until the construction of the improvements, including the payment of fees associated with any deferred improvements, is required pursuant to an agreement between the subdivider and the City. C. In the absence of such an agreement described above, the City may require fulfillment of such construction requirements, including the payment of fees associated with any deferred improvements, within a reasonable time following approval of a final map and prior to the issuance of the remainder or omitted unit upon a finding by the City Council that the fulfillment of the construction requirements is necessary for reasons of: 1. The public health and safety; or 2. The required construction is a necessary prerequisite to the orderly development of the surrounding area. D. The provisions above described providing for a deferral of the payment of fees associated with any deferred improvements shall not apply if the designated remainder or omitted unit is included within the boundaries of a benefit assessment district or community facilities district. E. Any designated remainder or omitted unit may subsequently be sold without the requirement of the filing of any parcel or final subdivision on condition that either the seller or the buyer obtain a certificate of compliance or conditional certificate of compliance from the City Engineer. -79- 295 (Ord. 1609, § 1 (part), 1992; Ord. 1384, Exhibit A (part), 1986) Article IV. Design. 18.32.100 General. The design and layout of all required improvements both on and off -site, private and public, shall conform to generally acceptable engineering standards and to such standards as approved by the City Engineer. If the subdivider or the subdivider's engineer disagrees with the standards applied in interpreting the tentative map conditions of approval by the City Engineer, the interpretation may be appealed to the Planning Commission according to procedures set forth in Section 18.20.070, Appeals of Decisions - Procedure. (Ord. 1384, Exhibit A (part), 1986) 18.32.110 Energy Conservation. A. The design of a subdivision for which a tentative map is required, pursuant to Chapter 18.12, Maps Required, of this title, shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision. B. Examples of passive or natural heating opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure in an east -west alignment for southern exposure. C. Examples of passive or natural cooling opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure to take advantage of shade or prevailing breezes. D. In providing for future passive or natural heating or cooling opportunities in the design of a subdivision, consideration shall be given to local climate, to contour, to configuration of the parcel to be divided, and to other design and improvement requirements, and such provision shall not result in reducing allowable densities or the percentage of a lot which may be occupied by a building or structure under applicable planning and zoning in force at the time the tentative map is filed. E. The requirements of this section do not apply to condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing building when no new structures are added. F. For the purpose of this section, "feasible" means capable of being accomplished in a successful manner within a reasonable period of time taking into account economic, environmental, social and technological factors. (Ord. 1384, Exhibit A (part), 1986) :1 296 Article V. Access. 18.32.120 Access. A. The subdivision shall abut upon or have an approved access to a public street. Each unit or lot within the subdivision shall have an approved access to a public or private street. Flag lot access shall be a minimum of twenty feet in width unless approved by the City Engineer. B. Street layout shall be designed to provide for future access to, and not impose undue hardship upon, property adjoining the subdivision. C. Reserve strips, or nonaccess at the end of streets or at the boundaries of subdivisions, shall be dedicated unconditionally to the City when required. (Ord. 1384, Exhibit A (part), 1986) Article VI. Improvement Plans. 18.32.130 General. A. Improvement plans shall be prepared under the direction of and signed by a registered civil engineer licensed by the State of California. B. Improvement plans shall include but not be limited to grading, storm drains, landscaping, streets and related facilities. (Ord. 1384, Exhibit A (part), 1986) 18.32.140 Form. A. Plans, profiles and details shall be legibly drawn, printed or reproduced on twenty- four -inch by thirty- six -inch sheets. A border shall be made on each sheet providing one -half inch at top, bottom and right side and one - and - one -half inches on the left side. B. A suitable title block shall be placed in the lower right corner or along the right edge and provide adequate space for approval by the City Engineer and for approval of plan revisions. C. Plan and profiles shall be drawn to the scale of one inch equals forty feet or larger unless approved by the City Engineer. Details shall be drawn to such scale that clearly shows the facility being constructed. The scales for various portions of the plans shall be shown on each sheet. D. A vicinity map shall be shown on the first sheet of all sets of plans. E. A north arrow shall be shown on each sheet when applicable. F. Plans shall be laid out to orient north to the top or right edge of the sheet unless approved otherwise by the City Engineer. 297 G. All lettering shall be one - eighth inch minimum. H. If the plans include three or more sheets, a cover sheet showing the streets, lots, easements, storm drains, index and vicinity map shall be included. I. The form of all plans shall conform to such additional requirements as may be established by the City Engineer. The final form of all plans shall be as approved by the City Engineer. (Ord. 1384, Exhibit A (part), 1986) 18.32.150 Contents. A. The improvement plans shall show complete plans, profiles and details for all required improvements to be constructed, both public and private (including common areas). B. Reference may be made to the City of Cupertino, Santa Clara County or State standard plans in lieu of duplicating the drawings thereon. (Ord. 1384, Exhibit A (part), 1986) 18.32.160 Supplementary Plans and Calculations. Hydrology, hydraulic plans and calculations, bond estimates and any structural calculations as may be required, shall be submitted with the improvement plans to the City Engineer. All calculations shall be legible, systematic and signed and dated by a registered civil engineer licensed by the State of California and in a form as approved by the City Engineer. (Ord. 1384, Exhibit A (part), 1986) 18.32.170 Review by the City Engineer. The subdivider shall submit two sets of improvement plans and two copies of all computations to the City Engineer for review. Upon completion of his or her review, one set of the preliminary plans, with the required revisions indicated thereon, will be returned to the subdivider's engineer. (Ord. 1384, Exhibit A (part), 1986) 18.32.180 Approval by the City Engineer. A. After completing all required revisions, the subdivider's engineer shall transmit the originals of the improvement plans to the City Engineer for his or her signature. B. Upon finding that all required revisions have been made and that the plans conform to all applicable City ordinances, design review requirements and conditions of approval of the tentative map, the City Engineer shall sign and date the plans. The originals will be returned to the subdivider's engineer. IM .; C. Approval of the improvement plans shall not be construed as approval of the sanitary sewer or water construction plans or compliance with County, State or Federal laws. D. Approval by the City Engineer shall in no way relieve the subdivider or his or her engineer from responsibility for the design of the improvements and for any deficiencies resulting from the design thereof or from any required conditions of approval for the tentative map. E. Prior to the start of work, the subdivider's engineer shall submit all required microfilm, sepias and copies of both maps and improvement plans to the City. (Ord. 1384, Exhibit A (part), 1986) 18.32.190 Revisions to Approved Plans -By Subdivider. Requests by the subdivider or the engineer for revisions to the approved plans appearing necessary or desirable during construction shall be submitted in writing to the City Engineer or his or her appointee and shall be accompanied by two sets of revised drawings showing the proposed revision. If the revision is acceptable, the originals shall be submitted to the City Engineer's office for initialing. The originals shall be returned to the subdivider's engineer and two sets of the revised plans shall be immediately transmitted to the City Engineer. Construction of any proposed revision will not be permitted to commence until revised plans have been received and forwarded to the City's Public Works Inspection Division. (Ord. 1384, Exhibit A (part), 1986) 18.32.200 Revisions to Approved Plans -By City Engineer. A. When revisions are deemed necessary by the City Engineer to protect public health and safety, or as field conditions may require, a request in writing shall be made to the subdivider and his or her engineer. The subdivider's engineer shall revise the plans and transmit the originals to the City Engineer for initialing within such time as specified by the City Engineer. Upon receipt of the initialed originals, the subdivider's engineer shall immediately transmit two sets of revised drawings to the City Engineer. Construction of all or any portion of the improvements may be stopped by the City Engineer until revised drawings have been submitted. B. The subdivider may appeal revisions required by the City Engineer to the City Council by filing an appeal with the City Clerk within two working days following receipt of the request to revise the plans. (Ord. 1384, Exhibit A (part), 1986) 18.32.210 Revisions to Approved Plans -Plan Checking and Inspection Costs. Costs incurred by the City for the checking of plans or calculations or inspection as a result of revisions to the approved plans shall be borne by the subdivider. -83- 299 (Ord. 1384, Exhibit A (part), 1986) Article VII. Improvement Agreement. 18.32.220 Improvement Agreement. The agreement shall be prepared and signed by the City Engineer and approved as to form by the City Attorney. The agreement shall provide for: A. Construction of all improvements per the approved plans and specifications; B. Completion of improvements within the time specified by Article XII of this chapter; C. Right by City to modify plans and specifications; D. Warranty by subdivider that construction will not adversely affect any portion of adjacent properties; E. Payment of inspection fees in accordance with the City's resolution establishing fees and charges; F. Payment of in -lieu fees for undergrounding of utilities on peripheral streets; payment of in- lieu fees for parkland dedication; G. Payment of drainage district or area fees; H. Improvement security as required by this chapter; L Maintenance and repair of any defects or failures and causes thereof; J. Release of the City from all liability incurred by the development and payment of all reasonable attorney's fees that the City may incur because of any legal action arising from the development; K. Any other deposits, fees or conditions as required by City ordinance or resolution and as may be required by the City Engineer. (Ord. 1384, Exhibit A (part), 1986) Article VIII. Improvement Security. 18.32.230 General. A. Any improvement agreement, contract or act required or authorized by the Subdivision Map Act, for which security is required, shall be secured in accordance with Section 66499 of the Government Code and as provided herein. Im 300 B. No final map or parcel map shall be signed by the City Engineer or recorded until all improvement securities required by this article have been received and approved. (Ord. 1384, Exhibit A (part), 1986) 18.32.240 Form of Security. The form of security shall be one or the combination of the following at the option and subject to the approval of the City. A. Bond or bonds by one or more duly authorized corporate sureties; B. A deposit, either with the local agency or a responsible escrow agent or trust company, at the option of the local agency, of money or negotiable bonds of the kind approved for securing deposits of public moneys; C. An instrument of credit from one or more financial institutions subject to regulation by the state or federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment, or a letter of credit issued by such a financial institution; D. A lien upon the property to be divided, created by contract between the owner and the local agency, if the local agency finds that it would not be in the public interest to require the installation of the required improvement sooner than two years after the recordation of the map. The provisions of the bond or bonds shall be in accordance with Sections 66499.1 and 66499.2 of the Government Code. (Ord. 1384, Exhibit A (part), 1986) 18.32.250 Amount of Security. A. A performance bond or security in the amount of one hundred percent of the estimated construction cost to guarantee the construction or installation of all improvements shall be required of all subdivisions. An additional amount of one hundred percent of the estimated construction cost shall be required to guarantee the payment to the subdivider's contractor, subcontractors, and to persons furnishing labor, materials or equipment for the construction or installation of improvements. B. The estimate of improvement costs shall be as approved by the City Engineer and shall provide for: 1. Ten percent of the total construction cost for contingencies; IM 301 2. All utility installation costs or a certification acceptable to the City Engineer from the utility company that adequate security has been deposited to insure installation; 3. In addition to the full amount of the security, there shall be included costs and reasonable expenses and fees, including attorney's fees, incurred in enforcing the obligation secured. (Ord. 1384, Exhibit A (part), 1986) 18.32.260 Maintenance Deposit. The developer shall deposit with the City not less than one thousand dollars cash for subdivisions of four or less parcels, and three thousand dollars for other subdivisions, or such additional amount as required by the City Engineer, not to exceed one percent of the construction cost. The deposit may be used at the discretion of the City to correct deficiencies and conditions caused by the subdivider or his or her contractor that may arise during or after the construction of the subdivision. Any unexpended amount will be returned to the developer at the time all bonds are released. (Ord. 1384, Exhibit A (part), 1986) 18.32.270 Warranty Security. Upon acceptance of the subdivision improvements by the City Council, the subdivider shall provide security in the amount as required by the City Engineer to guarantee the improvements throughout the warranty period. The amount of the warranty security shall be not less than ten percent of the cost of the construction of the improvements, including the cash bond which shall be retained for the one -year warranty period. In hillside areas, the warranty security shall be not less than fifty percent of the construction cost of improvement. (Ord. 1384, Exhibit A (part), 1986) 18.32.280 Reduction in Performance Security. The City Engineer may authorize in writing the release of a portion of the security in accordance with Government Code Section 66499.7. (Ord. 1384, Exhibit A (part), 1986) Article IX. Release of Improvement Securities. 18.32.290 Performance Security. A. The performance security shall be released only upon acceptance of the improvements by the City and when an approved warranty security has been filed with the City Engineer. B. If warranty security is not filed, performance security shall be released twelve months after acceptance of improvements and correction of all warranty deficiencies. 302 (Ord. 1384, Exhibit A (part), 1986) 18.32.300 Material and Labor Security. Security given to secure payment to the contractor, subcontractors and to persons furnishing labor, material or equipment may, six months after the completion and acceptance of the improvements by the City Council, be reduced to an amount equal to the amount of all claims therefor filed and of which notice has been given to the City Council. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given. (Ord. 1384, Exhibit A (part), 1986) 18.32.310 Warranty Security. The warranty security shall be released upon satisfactory completion of the warranty period provided: A. All deficiencies appearing on the warranty deficiency list for the subdivision have been corrected; B. Not less than twelve months have elapsed since the acceptance of the improvements by the City Council. (Ord. 1384, Exhibit A (part), 1986) Article X. Construction. 18.32.320 Construction. A. The construction methods and materials for all improvements shall conform to the standard specifications of the City, as adopted by Council resolution. The general provisions of the City's standard specifications shall apply to the developer where applicable. B. Construction shall not commence until required improvement plans have been approved by the City Engineer and all required microfilm, sepias and copies of both maps and improvement plans have been received by the City. (Ord. 1384, Exhibit A (part), 1986) Article XI. Construction Inspection. 18.32.330 General. All improvements are subject to inspection by the City Engineer or authorized personnel in accordance with the City's standard specifications. (Ord. 1384, Exhibit A (part), 1986) 303 18.32.340 Preconstruction Conference. Prior to commencing any construction, the developer shall arrange for a preconstruction conference with the Public Works Inspector. (Ord. 1384, Exhibit A (part), 1986) 18.32.350 Final Inspection and Deficiency List. A. Upon completion of the subdivision improvements, the developer shall apply in writing to the Public Works Inspector for a preliminary final inspection. The Public Works Inspector or authorized representative shall schedule a preliminary final inspection. B. A deficiency list shall be compiled during the inspection, noting all corrections or any additional work required. If the number of items are excessive or the subdivision appears incomplete, the preliminary final inspection may be halted and rescheduled on a date as determined by the Public Works Inspector or authorized representative. C. Upon having completed all corrections or additional work as outlined by the deficiency list, the developer shall certify in writing that all corrections have been completed satisfactorily and request a final inspection. The Public Works Inspector or authorized representative shall then make a final inspection. D. Upon finding that all items on the deficiency list have been corrected and receipt of as -built improvement plans, the subdivision shall be placed on the Council agenda for acceptance. E. The completion of corrections indicated by the deficiency list shall not relieve the developer from the responsibility of correcting any deficiency not shown on the list that may be subsequently discovered. (Ord. 1384, Exhibit A (part), 1986) Article XII. Completion of Improvements. 18.32.360 Subdivisions of Five or More Parcels. A. The subdivision improvements shall be completed by the developer within eighteen months, or such time as approved by the City Engineer, not to exceed a period of twenty -four months, from the recording of the final map, unless an extension is granted by the City Council. B. Should the subdivider fail to complete the improvements within the specified time, the City may, by resolution of the Council and at its option, cause any or all uncompleted improvements to be completed and the parties executing the surety or sureties shall be firmly bound for the payment of all necessary costs. (Ord. 1384, Exhibit A (part), 1986) 304 18.32.370 Subdivisions of Four or less Parcels. A. Completion of improvements will not be required until such time as a permit or other grant approval for the development of any parcel within the subdivision is applied for. Improvements shall be completed prior to final building inspection or occupancy of any unit within the subdivision. B. The completion of the improvements may be required by a specified date by the City when the completion of such improvements are found to be necessary for public health or safety or for the orderly development of the surrounding area. This finding shall be made by the City Engineer or authorized representative. Such specified date, when required, shall be stated in the subdivision improvement agreement. (Ord. 1384, Exhibit A (part), 1986) 18.32.380 Extensions. A. The completion date may be extended by the City Council for subdivisions of five or more parcels and by the City Engineer for subdivisions of four or less parcels upon written request by the developer and the submittal of adequate evidence to justify the extension. The request shall be made not less than thirty days prior to expiration of the subdivision improvement agreement. B. The subdivider shall enter into a subdivision improvement agreement extension with the City. For subdivisions of five or more parcels the agreement shall be prepared and signed by the City Engineer, approved as to form by the City Attorney, executed by the subdivider and transmitted to the City Council for their consideration. If approved by the City Council, the Mayor shall execute the agreement on behalf of the City. C. In consideration of a subdivision improvement extension agreement, the following may be required: 1. Revision of improvement plans to provide for current design and construction standards when required by the City Engineer; 2. Revised improvement construction estimates to reflect current improvement costs as approved by the City Engineer; 3. Increase of improvement securities in accordance with revised construction estimates; 4. Inspection fees may be increased to reflect current construction costs but shall not be subject to any decrease or refund. -89- 305 D. The City Council may impose additional requirements as recommended by the City Engineer or as it may deem necessary as a condition to approving any time extension for the completion of improvements. E. The costs incurred by the City in processing the agreement shall be borne by the developer at actual cost. (Ord. 1384, Exhibit A (part), 1986) Article XIII. Acceptance of Improvements. 18.32.390 General. A. When all improvement deficiencies have been corrected and as -built improvement plans filed, the subdivision improvements shall be considered by the City for acceptance. Subdivisions of five or more parcels must be accepted by the City Council. The City Engineer or authorized representative shall be responsible for the acceptance of subdivisions of four or less parcels. B. Acceptance of the improvements shall imply only that the improvements have been completed satisfactorily and that public improvements have been accepted for public use. (Ord. 1384, Exhibit A (part), 1986) 18.32.400 Notice of Completion. If the subdivision has been accepted by the City, the City Clerk shall cause to be filed with the County Recorder a notice of completion. (Ord. 1384, Exhibit A (part), 1986) 18.32.410 Acceptance of a Portion of the Improvements. A. When requested by the subdivider in writing, the City may consider acceptance of a portion of the improvements as recommended by the City Engineer. The improvements will be accepted by the City only if it finds that it is in the public interest and such improvements are for the use of the general public. B. Acceptance of a portion of the improvements shall not relieve the developer from any other requirements imposed by this chapter. (Ord. 1384, Exhibit A (part), 1986) 306 CHAPTER 18.36: REVERSIONS TO ACREAGE Section 18.36.010 General. 18.36.020 Initiation of Proceedings -By Owners. 18.36.030 Initiation of Proceedings -By City Council. 18.36.040 Contents of Petition. 18.36.050 Submittal of Petition to the City Engineer. 18.36.060 City Council Approval. 18.36.070 Filing with County Recorder. 18.36.010 General. Subdivided property may be reverted to acreage pursuant to provisions of this chapter and the Map Act. This chapter shall apply to final maps and parcel maps. (Ord. 1384, Exhibit A (part), 1986) 18.36.020 Initiation of Proceedings -By Owners. Proceedings to revert subdivided property to acreage may be initiated by petition of all of the owners of record of the property. The petition shall be in a form prescribed by the City Engineer. The petition shall contain the information required by Section 18.36.040, Contents of Petition, and such other information as required by the City Engineer. (Ord. 1384, Exhibit A (part), 1986) 18.36.030 Initiation of Proceedings -By City Council. The City Council, at the request of any person or on its own motion may, by resolution, initiate proceedings to revert property to acreage. The City Council shall direct the City Engineer to obtain the necessary information to initiate and conduct the proceedings. (Ord. 1384, Exhibit A (part), 1986) 18.36.040 Contents of Petition. The petition shall contain but not be limited to the following: A. Evidence of title to the real property; B. Evidence of the consent to all of the owners of an interest in the property; -91- 307 C. Evidence that none of the improvements required to be made have been made within two years from the date the final map or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later; D. Evidence that no lots shown on the final or parcel map have been sold within five years from the date such final or parcel map was filed for record; E. A tentative map in the form prescribed by Article I of Chapter 18.16 or Article I of Chapter 18.20 of this title; F. A final or parcel map in the form prescribed by Article II of Chapter 18.16 or Article 11 of Chapter 18.20 of this title which delineates dedications which will not be vacated and dedications required as a condition to reversion. Final or parcel maps shall be conspicuously designated with the title, "The Purpose of this Map is a Reversion to Acreage "; G. A deposit as required by the City Engineer toward processing and plan checking costs in accordance with the City's establishing fees and charges. (Ord. 1384, Exhibit A (part), 1986) 18.36.050 Submittal of Petition to the City Engineer. A. The final map or parcel map for the reversion together with all other data as required by this chapter shall be submitted to the City Engineer for his or her review. B. Upon finding that the petition meets with all the requirements of this title and the Map Act, the City Engineer shall submit the final map or parcel map, together with his or her report and recommendations of approval or conditional approval of the reversion to acreage, to the City Council for their consideration. (Ord. 1384, Exhibit A (part), 1986) 18.36.060 City Council Approval. A. A public hearing shall be held by the City Council on all petitions for initiations for reversions to acreage. Notice to the public hearing shall be given as provided in Section 66451.3 of the Government Code. The City Engineer may give such other notice that it deems necessary or advisable. B. The City Council may approve a reversion to acreage only if it finds and records by resolution that: 1. Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and 2. Either: -92- 1: a. All owners of an interest in the real property within the subdivision have consented to reversion, or b. None of the improvements required to be made have been made within two years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later, or c. No lots shown on the final or parcel map have been sold within five years from the date the map was filed for record. C. The City Council may require as conditions of the reversion: 1. The owners dedicate or offer to dedicate streets, public rights -of -way or easements; 2. The retention of all or a portion of previously paid subdivision fees, deposits or improvement securities if the same are necessary to accomplish any of the provisions of this title. (Ord. 1384, Exhibit A (part), 1986) 18.36.070 Filing with County Recorder. A. Upon approving the reversion to acreage, the City Engineer shall transmit the final map or parcel map, together with the City Council resolution approving the reversion, to the County Recorder for recordation. B. Reversion shall be effective upon the final map being filed for record by the County Recorder. Upon filing, all dedications and offers of dedication not shown on the final map for reversion shall be of no further force and effect. (Ord. 1384, Exhibit A (part), 1986) -93- 309 CHAPTER 18.40: PARCEL MERGERS Section 18.40.010 Merger Required. 18.40.020 Recordation of Notice - Effective Date of Merger. 18.40.030 Notice of Intent to Determine Status and Request for Hearing. 18.40.040 Hearing; Procedure. 18.40.050 Hearing De Novo; City Council. 18.40.060 Effect of Previously Merged Parcels. 18.40.010 Merger Required. A parcel of land shall be merged with a contiguous parcel of land held by the same owner if one of the contiguous parcels held by the same owner does not conform to the standards for minimum parcel size for the applicable zone within the City and if all of the following requirements are satisfied: A. At least one of the affected parcels is not developed with a structure, other than an accessory structure, for which a building permit was issued by a local agency, or which was built prior to the time such permits were required by the applicable local agency or is developed with a single structure, other than an accessory structure, that is partially sited on a contiguous parcel or parcels; B. With respect to any affected parcel, one or more of the following conditions exist: 1. Comprise less than five thousand square feet in area at the time of the determination of merger, 2. Was not created in compliance with applicable laws and ordinances in effect at the time of its creation, 3. Does not meet current standards for sewage disposal and domestic water supply, 4. Does not meet slope stability standards of the City, 5. Has no legal access which is adequate for vehicular and safety equipment access and maneuverability, 6. Its development would create health and safety hazards, 7. Is inconsistent with the applicable general plan and any specific plan other than minimum lot size or density standards. (Ord. 1384, Exhibit A (part), 1986) -94- 310 18.40.020 Recordation of Notice - Effective Date of Merger. A merger of parcels becomes effective when the Director of Community Development causes to be filed for record with the County Recorder, a notice of merger specifying the names of the record owners and particularly describing the real property to be merged. (Ord. 1384, Exhibit A (part), 1986) 18.40.030 Notice of Intent to Determine Status and Request for Hearing. Prior to recording a notice of merger, the Director of Community Development shall cause to be mailed by certified mail to the then current record owners of the property a notice of intention to determine status, notifying the owner that the affected parcels may be merged pursuant to standards specified in Section 18.40.010, Merger Required, of this chapter, and advising the owner of the opportunity to request a hearing on determination of status and to present evidence at the hearing that the property does not meet the criteria for merger. The notice of intention to determine status shall be filed for record with the County Recorder on the date that notice is mailed to the property owner. At any time within thirty days after recording of the notice of intention to determine status, the owner of the affected property may file with the Director of Community Development a request for a hearing on determination of status. If, within the thirty -day period, the owner does not file a request for hearing as described, the Director of Community Development may, at any time thereafter, make a determination that the affected parcels are to be merged or are not to be merged. A determination of merger shall be recorded as provided in Section 18.40.020, Recordation of Notice - Effective Date of Merger, of this chapter no later than ninety days following the mailing of the notice of intention to determine status. (Ord. 1384, Exhibit A (part), 1986) 18.40.040 Hearing; Procedure. A. Upon receiving a request for a hearing on determination of status, the Director of Community Development shall fix a time, date and place for a hearing to be conducted by the Director of Community Development, and shall so notify the property owner by certified mail. The hearing shall be conducted not less than thirty days nor more than sixty days following the City's receipt of the property owner's request therefor, but may be postponed or continued with the mutual consent of the Director of Community Development and the property owner. B. At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the standards specified in Section 18.40.010, Merger Required, of this chapter. C. At the conclusion of the hearing, the Director of Community Development shall make a determination that the affected parcels are to be merged, or are not to be merged, and shall so notify the owner of his or her determination. A determination of merger shall be recorded -95- 311 n within thirty days after conclusion of the hearing, as provided for in Section 18.40.020, Recordation of Notice - Effective Date of Merger, of this chapter. If the Director of Community Development determines that the subject property shall not be merged, he or she shall cause to be recorded in the manner specified in Section 18.40.020, Recordation of Notice - Effective Date of Merger, a release of the notice of intention to determine status previously recorded and shall mail a clearance letter to the then - current owner of record. (Ord. 1384, Exhibit A (part), 1986) 18.40.050 Hearing De Novo; City Council. Any property owner of an affected property may, within ten days after notification of the Director of Community Development of his or her determination of merger as provided in Section 18.40.040, Hearing; Procedure, file a written request with the City Clerk for de novo hearing before the City Council. The hearing shall be held within thirty days from the filing of the request but may be postponed or continued with the mutual consent of the City Council and the property owner. The hearing will be conducted in the same manner as the hearing held before the Director of Community Development; provided, however, that the City Council may make a determination of nonmerger regardless of whether or not the affected property meets the standards for merger specified in Section 18.40.010, Merger Requied, of this chapter as long as such determination of nonmerger is consistent with the City's general plan and any applicable specific plan. (Ord. 1384, Exhibit A (part), 1986) 18.40.060 Effect of Previously Merged Parcels. The ordinance codified in this chapter does not affect the validity of parcels which have previously been merged, and for which a notice of merger was recorded on or before January 1, 1984. (Ord. 1384, Exhibit A (part), 1986) 312 CHAPTER 18.44: CORRECTION AND AMENDMENTS OF MAPS Section 18.44.010 Requirements. 18.44.020 Form and Contents. 18.44.030 Submittal and Approval by the City Engineer. 18.44.040 Filing with the County Recorder. 18.44.050 Fee. 18.44.010 Requirements. After a final or parcel map is filed in the office of the County Recorder, it may be amended by a certificate of correction or an amending map: A. To correct an error in any course or distance shown thereon; B. To show any course or distance that was omitted therefrom; C. To correct an error in the description of the real property shown on the map; D. To indicate monuments set after the death, disability or retirement from practice of the engineer or surveyor charged with responsibilities for setting monuments; E. To show the proper location of any monument which has been changed in location or character, or originally was shown at the wrong location or incorrectly as to its character; F. To correct any other type of map error or omission as approved by the City Engineer, if the correction does not impose any additional burden on the present fee owners of the real property and does not alter any right, title, or interest in the real property reflected on the recorded map which does not affect any property right; G. Errors and omissions may include, but not be limited to, lotnumbers, acreage, street names and identification of adjacent record maps. Error does not include changes in courses or distances from which an error is not ascertainable from the data shown on the final or parcel map; H. To make modifications when there are changes which make any or all of the conditions of the map no longer appropriate or necessary and that the modifications do not impose any additional burden on the present fee owner of the property, and if the modifications do not alter any right, title or interest in the real property reflected on the recorded map. The modification shall be set for public hearing before the City Engineer or approval authority according to Section 18.20.050, Denial Upon Certain Findings, of this title. -97- 313 The City Engineer or approval authority shall confine the hearing to consideration of, and action on, the proposed modification. (Ord. 1384, Exhibit A (part), 1986) 18.44.020 Form and Contents. The amending map or certificate of correction shall be prepared by a registered civil engineer or licensed land surveyor. The form and contents of the amending map shall conform to the requirements of Article II of Chapter 18.16, Subdivision Maps (Five or More Parcels), if a final map, or Article II of Chapter 18.20, Parcel Maps (Four or Less Parcels), if a parcel map. The certificate of correction shall set forth in detail the corrections made and show the names of the present fee owners of the property affected by the correction. (Ord. 1384, Exhibit A (part), 1986) 18.44.030 Submittal and Approval by the City Engineer. A. The amending map or certificate of correction, complete as to final form shall be submitted to the City Engineer for his or her review and approval. B. The City Engineer shall examine the amending map or certificate of correction and if the only changes made are those set forth in Section 18.44.010, Requirements, he or she shall certify to this fact on the amending map or certificate of correction. (Ord. 1384, Exhibit A (part), 1986) 18.44.040 Filing with the County Recorder. The amending map or certificate of correction certified by the City Engineer shall be filed in the office of the County Recorder in which the original map was filed. Upon filing, the County Recorder shall index the names of the fee owners and the appropriate tract designation shown on the amending map or certificate of correction in the general index and map index respectively. Thereupon, the original map shall be deemed to have been conclusively corrected and thereafter shall impart constructive notice of all corrections in the same manner as though set forth upon the original map. (Ord. 1384, Exhibit A (part), 1986) 18.44.050 Fee. The fee for checking, processing and recording the amended map or certificate of correction shall be in accordance with the City's resolution establishing fees and charges. A deposit to be applied toward this fee may be required by the City Engineer upon submittal of the amended map or certificate of correction for his or her review. (Ord. 1384, Exhibit A (part), 1986) 314 CHAPTER 18.48: ENFORCEMENT OF ARTICLE PROVISIONS Section 18.48.010 Prohibition. 18.48.020 Remedies. 18.48.030 Certificate of Compliance. 18.48.040 Certificate of Noncompliance. 18.48.010 Prohibition. A. No person shall offer to sell or lease, to contract to sell or lease, to sell or lease or to finance any parcel or parcels of real property or to commence construction of any building for sale, lease or financing thereon, except for model homes, or to allow occupancy, for which a final map or parcel map is required by this title, or the Map Act, until such map thereof, in full compliance with the provisions of this title, or the Map Act, has been filed with the County Recorder for record. B. No person shall sell, lease or finance any parcel or parcels of real property or commence construction of any building for sale, lease or financing thereon, except for model homes, or allow occupancy, for which a parcel map is required by this title or the Map Act, until such map thereof, in full compliance with the provisions of this title and the State Subdivision Map Act, has been filed with the County Recorder for record. C. Conveyances of any part of a division of real property for which a final or parcel map is required by this title shall not be made by parcel or block number, initial or other designation, unless and until such map has been filed with the County Recorder for record. D. This section does not apply to any parcel or parcels of a subdivision offered for sale or lease, contracted for sale or lease, or sold or leased in compliance with or exempt from any law (including a local ordinance), regulating the design and improvement of subdivisions in effect at the time the subdivision was established. (Ord. 1384, Exhibit A (part), 1986) 18.48.020 Remedies. A. Any deed of conveyance, sale or contract to sell real property which has been divided, or which has resulted from a division, in violation of the provisions of this title or the Map Act, is voidable at the sole option of the grantee, buyer or person contracting to purchase, his or her heirs, personal representative or trustee in insolvency or bankruptcy within one year after the date of discovery of the violation, but the deed of conveyance, sale or contract to sell is binding upon any successor in interest of the grantee, buyer or person contracting to purchase, other 315 than those above enumerated, and upon the grantor, vendor or person contracting to sell, or his or her assignee, heir or devisee. B. Any grantee, or his or her successor in interest, of real property which has been divided, or which has resulted from a division, in violation of the provisions of this title or the Map Act may, within one year of the date of discovery of such violation, bring an action in the superior court to recover any damages he or she has suffered by reason of such division of property. The action may be brought against the person who divided the property in violation and against any successors in interest who have actual or constructive knowledge of such division of property. C. The provisions of this section shall not apply to the conveyance of any parcel of real property identified in a certificate of compliance filed pursuant to Section 66499.35 of the Government Code or identified in a recorded final map or parcel map, from and after the date of recording. The provisions of this section shall not limit or affect in any way the rights of a grantee or his or her successor in interest under any other provision of law. D. This section does not bar any legal, equitable or summary remedy to which the City or other public agency, or any person, firm or corporation may otherwise be entitled, and the City or other public agency, or person, firm or corporation may file a suit in the superior court of Santa Clara County to restrain or enjoin any attempted or proposed subdivision for sale, lease or financing in violation of this title. E. The City shall not issue a permit or grant any approval necessary to develop any real property which has been divided, or which has resulted from a division, in violation of the provisions of this title or the Map Act if it finds that development of such real property is contrary to the public health or the public safety. The authority to deny a permit or approval shall apply whether the applicant was the owner of the real property at the time of violation or whether the applicant is the current owner of the real property with, or without, actual or constructive knowledge of the violation at the time of the acquisition of his or her interest in such real property. F. The City, in issuing a permit or granting approval for the development of any real property, may impose those additional conditions as would have been applicable to the division of the property at the time the current owner of record acquired the property, and which has been established at such time by this title or local ordinance enacted pursuant thereto, except that if a conditional certificate of compliance has been filed for record under the provisions of this chapter, only conditions stipulated shall be applicable. (Ord. 1384, Exhibit A (part), 1986) -too- 316 18.48.030 Certificate of Compliance. A. Any person owning real property within the City may request the City Engineer to determine whether such real property complies with the provisions of this title and the Map Act. B. Upon making such determination, the City Engineer shall cause a certificate of compliance to be filed for record with the County Recorder. The certificate of compliance shall identify the real property and shall state that the division of land complies with applicable provisions of the City of Cupertino Municipal Code and the Map Act. C. If the City Engineer determines that such real property does not comply with the provisions of the Municipal Code or Map Act, he or she may, as a condition to granting a certificate of compliance, impose such conditions as would have been applicable to the division of the property at the time the current owner of record acquired the property, and which had been established at such time by ordinance. Upon making a determination and establishing conditions, the City Engineer or authorized representative shall cause a conditional certificate of compliance to be filed for record with the County Recorder. The certificate shall serve as notice to the property owner who has applied for the certificate pursuant to this section, a grantee of the property owner, or any subsequent transferee or assignee of the property that the fulfillment and implementation of such conditions shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property. Compliance with conditions shall not be required until such time as a permit or other grant of approval for development of such property is issued. D. A recorded final map or parcel map shall constitute a certificate of compliance with respect to the parcels of real property described therein. E. For the purposes of administration of this section, any parcel that is shown on the County Assessor's maps prior to 1960 shall be considered as a conforming parcel. F. A fee to be charged at actual cost shall be charged to the applicant for making the determination and processing the certificate of compliance. A deposit may be required to be applied toward this fee. (Ord. 1384, Exhibit A (part), 1986) 18.48.040 Certificate of Noncompliance. Whenever the City Engineer or an authorized representative has knowledge that real property has been divided in violation of the provisions of this title or the Map Act, they shall cause to be filed for record with the County Recorder a tentative notice of violation (Certificate of Noncompliance) describing the real property in detail, naming the owners thereof, and describing the violation and stating that an opportunity will be given to the owner to present -101- 317 evidence. At least thirty days prior to the recording of a final notice, the owner of the real property shall be advised in writing of the intention to record a final notice and specifying a time, date and place at which the owner may present evidence as to why such notice should not be recorded. If, after the owner has presented evidence, it is determined that there has been no violation, a release of the tentative notice shall be filed with the County Recorder. The tentative or final notice of noncompliance, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property. (Ord. 1384, Exhibit A (part), 1986) -102- 318 CHAPTER 18.52: HILLSIDE SUBDIVISIONS Section 18.52.010 Requirements. 18.52.020 Purpose. 18.52.030 Lot Design Standards. 18.52.040 Street Design Standards. 18.52.050 Lot Sizes More or less 2.5 Acres - Street Design. 18.52.060 Street and Utility Improvements. 18.52.070 Private Driveways for Two or More Parcels. 18.52.080 Scope of Regulations. 18.52.010 Requirements. The hillside subdivision requirement prescribed by this chapter shall apply to subdivision of land, as defined in this title of geographical areas where the natural average slope of the land exceeds ten percent. (Ord. 1575, (part), 1991) 18.52.020 Purpose. A. The hillside subdivision regulations are intended to guide parceling of hillside land in a manner which results in harmony between human development activities and the natural environment. To meet that end, the ordinance relies heavily upon the land use policies contained within the City's General Plan. A portion of the hillside subdivision regulations are discretionary in nature due to the wide variation in the natural setting of the hillside areas within the community. The hillside development philosophy of the General Plan will therefore aid the Planning Commission and City Council in their review of hillside subdivision proposals. B. The hillside subdivision regulations pertain to the parceling of land. The Grading Ordinance, Tree Removal Ordinance, Residential Hillside Zoning Ordinance and other general and specific community ordinances also play a role in the regulation of hillside development. (Ord. 1575, (part), 1991) 18.52.030 Lot Design Standards. A. General. The standards listed below shall be utilized to evaluate the lot configuration of hillside subdivision applications. The standards augment lot design requirements contained in applicable land use zoning districts. B. Lot Configuration. -103- 319 1. The area of each lot shall be of sufficient size to include the house together with required setbacks and yards, adequate space or access drives and off - street parking, septic tank systems, if permitted, and necessary cut and/or bells. 2. Each lot shall be reviewed for appropriate building pad locations. Appropriate building pad locations shall take into account the ridgeline visibility standards, views from open space, slope of the lot, location to riparian corridors, protection of natural vegetation, and wildlife migration. These issues shall be studied to determine the best building location and mitigate any negative environmental impacts and meet the building and setback requirements as established in Chapter 19.40, Residential Hillside Zones, of this code. 3. The manmade environment (roads, houses, fences) is shaped to a large degree by property lines. Therefore, property lines shall reflect natural land forms to the greatest extent possible. For example, lot lines should follow the natural contour of a hillside, not straight lines drawn for engineering design and surveying convenience. C. Clustering Development and Subdivisions. 1. Major Subdivisions in the Five to Twenty Acre Slope Density Designation. a. Development lots and major subdivisions in the five to twenty acre slope density designation shall be clustered, reserving ninety percent of the land in private open space to protect the unique characteristics of the hillsides from adverse environmental impacts. The project shall keep the number of lot clusters minimized, and the open space area contiguous, to the greatest extent possible. The ninety percent private open space can be contained in individual lots regulated by an open space easement or as land held in common as dedicated open space. The project shall keep the open space area contiguous as much as possible. A lot having common ownership, containing the designated open space, will not be counted in the total dwelling unit yield. b. Significant natural features shall be identified on the tentative map: riparian and native vegetation including trees, shrubs and ground cover; all topography and areas of slope over thirty percent watercourses; faults; landslides; views of prominent ridgelines; and views from adjacent properties. c. As a condition of the subdivision, all development except that which is allowed in Chapter 19.88, Open Space Ordinance, of this code, shall be completely contained in the ten percent development area, which should be designed to avoid adversely impacting the natural features. The lot sizes will be determined in the review process. The use of the ninety percent open space area shall be limited to their uses allowed in Chapter 19.88, Open Space Ordinance, of this code. 2. Minor Subdivisions in the Five to Twenty Acre Slope Density Designation. -104- 320 a. Development of lots and minor subdivisions in the five to twenty acre slope density designation are encouraged to be clustered, reserving ninety percent of the land in private open space to protect the unique characteristics of the hillsides from adverse environmental impacts. The project shall keep the open space area contiguous, and the number of lot clusters minimized, to the greatest extent possible. The ninety percent private open space can be contained in individual lots regulated by an open space easement or as land held in common as dedicated open space. A lot having common ownership, containing the designated open space, will not be counted in the total dwelling unit yield. b. Significant natural features shall be identified on the tentative map: riparian and native vegetation including trees, shrubs and ground cover; all topography and areas of slope over thirty percent; watercourses; faults; landslides; views of prominent ridgelines; and views from adjacent properties. c. As a condition of the subdivision, all development, except that which is allowed in Chapter 19.88, Open Space Ordinance, of this code, shall be completely contained in the ten percent development area, which should be designed to avoid adversely impacting the natural features. The lot sizes will be determined in the review process. The use of the ninety percent private open space area shall be limited to their uses allowed in Chapter 19.88, Open Space Ordinance of this code. D. Grading. 1. Preliminary or tentative grading plans will be required as specified in Chapter 16.08, Excavations, Grading and Retaining Walls, or as part of the conditional approval of the map. The extent of grading and size of building pads shall meet the requirements as specified in Chapter 19.40, Residential Hillside Zones. 2. A final lot grading plan and quantity estimate may be required as part of the conditional approval and as a part of the tract improvement plans with guarantee by separate performance bond of one hundred percent of cost of such lot grading and construction of driveway approaches for the entire tract. 3. Retaining walls may be employed to resolve ground stability problems or minimize grading. E. Off - Street Parking. Where lots have frontage on a public roadway or driveway having a pavement section of less than thirty feet or on a roadway or driveway which does not permit parking at the curb, each lot shall provide adequate turnaround space and four independently functional off - street parking spaces. The four parking spaces shall be in addition to the required two garage or carport spaces. -105- 321 F. Frontage. 1. All lots shall front on a public street or private driveway as provided in Section 18.32.120, Access. 2. Where the principal frontage of a lot is by means of a corridor, such corridor shall be at least twenty feet wide. A lesser width for a corridor may be approved when a twenty -foot width would not be practical because of existing permanent structures or topography. However, in all cases, the corridor width must be sufficient to accommodate a safe driveway of not less than twelve feet of improved width, and if the length of the corridor is over one hundred fifty feet, the usable width must be a least eighteen feet. Where two such corridors are combined, the total access width need not exceed thirty feet if each lot has right of access over the corridor of the adjoining lot and the total paved width is not less than eighteen feet. G. Watercourse Protection. 1. Any watercourse identified in Figure 6 -Gof the Cupertino General Plan and its existing or potential riparian vegetation must be shown on all development plans. 2. Lots in major subdivisions must be clustered so that the water course and existing or potential riparian vegetation are retained in the required ninety percent open space designation. Building site shall be set back from said watercourse or existing or potential riparian vegetation a minimum of fifty feet on lots which are less than one acre in size and one hundred feet on lots which are greater than one acre. The setback shall be measured from the top of the bank or from existing riparian vegetation, whichever is greater. The setback from riparian vegetation will be measured from the drip -line perimeter. The precise area will be established through presentation of evidence of the existing or potential riparian vegetation and wildlife habitat and by considering their relationship to all design factors. 3. Lots in minor subdivision are encouraged to be clustered so that development does not encroach on the watercourse. Building sites shall be setback from said watercourse or existing or potential riparian vegetation a minimum of fifty feet on lots which are less than one acre in size and one hundred feet on lots which are greater than one acre. The setback shall be measured from the top of bank or from existing riparian vegetation whichever is greater. Setback from riparian vegetation shall be measured from the drip -line perimeter. The precise area will be established through presentation of evidence of the existing or potential riparian vegetation and wildlife habitat and by considering their relationship to all site design factors. -106- 322 H. Trail Linkages. In subdivisions, if a trail linkage, as shown in the General Plan Trail Plan, is identified on the property being developed, a trail easement shall be granted in favor of the City prior to approval of the final map. (Ord. 1635, (part), 1993; Ord. 1575, (part), 1991) 18.52.040 Street Design Standards. A. The design of roadways in the hillsides is based upon the General Plan Policy of maintaining the natural environment setting of the hillside. In response to the General Plan Policy, public rights of way shall be aligned in a manner to avoid trees and riparian environments. In cases where it is necessary to place rights of way on or near ridge tops, grading for the roadways shall be minimized to reduce visual scarring. The specific, technical road alignment and section standards described in this section are based upon the following constraints: 1. Volume of traffic; 2. Topography; 3. Public safety, particularly of fire protection; 4. Lot size and on- street parking needs; 5. Drainage requirements. B. The specific technical standards may be modified when it can be determined by the City Engineer, as approved by the City Council, that the strict adherence to a specific standard would result in environmental hardship. The City Council shall make specific findings of fact relative to environmental degradation or economic hardship in the event a standard is waived. (Ord. 1575, (part), 1991) 18.52.050 Lot Sizes More or less 2.5 Acres - Street Design. The General Plan provides for more flexible improvement standards for hillside developments which have an average lot size of 2.5 acres or greater. Developments that result in less than 2.5 acres per dwelling are labeled "urban fringe development." Conversely, developments that result in 2.5 acres or greater per dwelling unit shall be labeled "semirural developments." The average lot size per acre computation shall be based upon the development acreage directly used for residential purposes. Land dedicated for public or private open space use in cluster or conventional developments should not be counted in the 2.5 acre average lot size standard. A. Urban Fringe Developments. 1. Generally, the street design standards for hillside developments on the valley floor fringe are comparable to the subdivision improvements within the typical urbanized portion of the -107- 323 community. However, because of varied topography, the right -of -way width and the improvement standards for roadway may vary to minimize degradation of the environment. Rights -of -way shall be of sufficient width to provide space for the road bed utilities and bicycle lanes and equestrian trails as designated by the General Plan. The City shall maintain slope easements for all fill slopes. The right -of -way for a slope easement shall include an area ten feet below the toe of fill. 2. The minimum right -of -way width and street sections for various functional categories of roads are as follows: a. Hillside collector right -of -way width shall be fifty feet with the pavement section to contain thirty feet with three feet of shoulders on each side. b. Major roadways are roads that primarily serve development fronting on the road and serving greater than ten dwelling units. The right -of -way shall be forty feet and the pavement width shall be twenty -four feet with three feet of level shoulder space on each side. c. Minor roadways and cul -de -sacs serving less than ten dwelling units shall be thirty feet with a twenty -foot pavement section with three feet of shoulder on each side. d. Private drives may be employed where five or fewer residential lots are to be served. The minimum width for a private driveway serving five or fewer dwellings is eighteen feet with three feet of shoulder on either side, with the exception that a private driveway serving one dwelling may be twelve feet. B. Semirural Development. 1. The street design standards for semirural development are designed to result m minimal disruption to the natural environment. The City Engineer shall have maximum flexibility to waive conventional street standards, as approved in each case by the City Council. 2. The minimum right -of -way width and street sections for various functional categories of roads are as follows: a. Major roadways serving greater than ten dwelling units shall have a minimum traveled -way width of twenty -four feet. However, this may be reduced to avoid natural features such as topography, vegetation, etc. b. Minor roadways and cul -de -sacs serving ten or fewer dwelling units shall have a minimum twenty feet in traveled -way width with lessening of that width permitted in consideration of natural features of the area. 1: 324 c. Private roads serving five or fewer dwelling units shall have a minimum of eighteen feet in traveled -way width. Surface shall consist of a minimum of oil and screening and the slope shall not exceed fifteen percent. Grades exceeding fifteen percent and not greater than twenty percent for a maximum of three hundred feet shall have a minimum of asphalt or concrete surface. d. Driveways serving individual dwelling units shall have a minimum of traveled -way width of twelve feet with passing turnouts as required. Surface shall consist of a minimum of oil and screening and the slope shall not exceed fifteen percent. Grades exceeding fifteen percent and not greater than twenty percent for a maximum of three hundred feet shall have a minimum of asphalt or concrete surface. C. Dead -end Streets. The number of dwelling units served by a cul -de -sac for an urban fringe or semirural development shall normally not exceed ten. The length shall not exceed eight hundred feet except where topographic conditions require use of longer cul -de -sacs. In cases where the length of cul -de -sacs is greater than eight hundred feet, fire hydrants shall be placed every six hundred feet with a standard pullout located adjacent to each hydrant. A secondary means of access may be required where a dead -end street is longer than one thousand feet. (Ord. 1575, (part), 1991) 18.52.060 Street and Utility Improvements. A. Urban fringe developments. 1. Street Grades. All streets and highways shall be graded and surfaced to widths and grades in accordance with City standard specifications and approved by the City Engineer. The subdivider shall improve the extension of all subdivision streets, highways or public ways to the intercepting paving line of any County road, City street or State highway. 2. Structures, Drainage, Access/ Public Safety. Structures for drainage, access and /or public safety shall be installed as deemed necessary by the City Engineer. Such structures shall be designed and placed to locations and grades approved by the City Engineer. 3. Curbs and Gutters. Vertical curbs and gutters shall be installed to locations and grades approved by the City Engineer. 4. Sidewalks. Sidewalks shall be installed to locations and grades approved by the City Engineer. 5. Sewers, Storm Drains. Sanitary sewer facilities shall be installed to serve each lot. No septic tanks or cesspools will be permitted. -109- 325 Storm sewers shall be installed as approved by the cognizant fire department authority. 6. Water and Gas. Water mains and gas mains shall be installed as required by the City Engineer. Fire hydrants shall be installed as approved by the City Engineer. 7. Street Lighting. Street lights shall be installed by the subdivider and shall be approved by the City Engineer. 8. Electric and Telephone. Electric and telephone lines shall be installed underground as required by the City Engineer. 9. A registered landscape architect shall review grading plans and in consort with the project and City Engineer, shall submit a plan to prevent soil erosion and visually screen extensive cut and fill areas. The intent of the visual screen is to soften grading scars. A one hundred percent effect is not required. B. Semirural developments. 1. Street Grades. All streets and highways shall be graded and surface to widths and grades in accordance with City standard specifications and approved by the City Engineer. The subdivider shall improve the extension of all subdivision streets, highways or public ways to the intercepting paving line of any County road, City street or State highway. 2. Structures, Drainage, Access /Public Safety. Structures for drainage, access and /or public safety shall be installed as deemed necessary by the City Engineer. Such structures shall be designed and placed to locations and grades approved by the City Engineer. 3. Curb and Gutter. Curb and gutter will not be required. Drainage swales shall be provided adjacent to roadways to contain runoff. 4. Sidewalks. Formal sidewalks will not be required. However, pedestrian and equestrian trails may be required where terrain permits. 5. Gas. Public facility will not be required in lieu of other private methods such as propane, oil, electric and new innovative system. 6. Electric. Overhead lines will be allowed with natural setting utilized as screening technique. Undergrounding will be required for the individual service drop to the structure. 7. Telephone. Lines will follow the same required as for electrical. 8. Street Lighting. Will not be required. Safety lighting may be necessary if safety hazards can be shown. -110- 326 9. Water. Approved and accepted water system by the City. Private individual wells will not be accepted. 10. Sewer. Individual sanitary system approved by the County Health Department will be permitted or connection to a public sanitary sewer system. 11. Storm system. Adequate storm facilities shall be provided to control erosion, dissipate high velocity due to slopes and to properly channel water to master drainage facilities. 12. A registered landscape architect shall review grading plans and in consort with the project and City Engineer, shall submit a plan to prevent soil erosion and visually screen cut and fill areas. The intent of the visual screen is to soften grading scars. A one hundred percent screening effect is not required. (Ord. 1575, (part), 1991) 18.52.070 Private Driveways for Two or More Parcels. A. An appropriate deed restriction and covenant running with the land subject to the review and approval of the City Attorney shall be recorded for all parcels which share a common private drive or private roadway with one or more parcels. The deed restriction shall provide for the necessary reciprocal ingress /egress easements to and from the affected parcels. The easements shall be recorded at such time as interest in one or more of the affected parcels is initially sold or transferred to another party. B. A reciprocal maintenance agreement to be reviewed and approved by the City Attorney, shall be required for all parcels which share a common private drive or private roadway with one or more other parcels within the tract. The agreement shall be recorded in conjunction with recordation of the final map. (Ord. 1575, (part), 1991) 18.52.080 Scope of Regulations. In the event that a land qualifies as a hillside subdivision as defined in this chapter, the requirements of this chapter shall apply to the provisions of this title. In the absence of regulations not established by this chapter, the provisions of the remainder of this title shall apply. (Ord. 1575, (part), 1991) -111- 327 CHAPTER 18.56: STREET FACILITY REIMBURSEMENT CHARGES Section 18.56.010 Purpose. 18.56.020 Street Facility Costs Subject to Reimbursement. 18.56.030 Reimbursement Agreement. 18.56.040 Imposition of Street Facility Reimbursement Charges, Cost of Land and Interest upon Benefitted Properties. 18.56.050 Disposition of Street Facility Reimbursement Charge Revenues. 18.56.060 Acquisition of Necessary Land, Costs, Interest. 18.56.070 Other Street Facility Charges. 18.56.080 Rules and Regulations. 18.56.010 Purpose. This chapter is enacted in order to establish a procedure for reimbursing developers of property located within the City a portion of the costs of installing street facilities which adjoin other properties within the City, reduce the cost of any additional development occurring on the adjoining properties by eliminating the need for the installation of the street facilities at the time such development occurs, and thereby directly benefit the adjoining properties. (Ord. 1653, § 2 (part), 1994) 18.56.020 Street Facility Costs Subject to Reimbursement. A. The street facility costs which shall be subject to reimbursement in the manner provided by this chapter include all direct costs usually incurred by an initial developer who is required to install street facilities that also benefit a benefitted property, subsequent to the effective date of the ordinance codified in this chapter, incident to or as a condition of the approval of a subdivision map, parcel map or conditional certificate of compliance. B. These reimbursable costs include, but are not limited to, costs incurred in designing street facilities, the cost of plan check fees and other fees incurred in securing City and other governmental approvals of the plans and specifications for the street facilities, the cost of the land upon which the street facilities are installed, and the cost of all labor, materials, equipment and contractors employed in installing the street facilities, except for: 1. The cost of installing temporary street facilities; 2. The cost of maintenance work performed on existing street facilities; and -112- 328 3. Any portion of the cost of installing street facilities in excess of the usual cost of installing local street facilities as determined by the City Engineer in the manner provided in this chapter. (Ord. 1653, § 2 (part), 1994) 18.56.030 Reimbursement Agreement. A. As a condition of approval of a subdivision map, parcel map or conditional certificate of compliance, the initial developer shall enter into a reimbursement agreement with the City in order to receive reimbursement for the portion of street facility costs, including interest where applicable, in excess of the installation costs incurred for the initial developer's property or for the cost of the land upon which the street facilities were installed, including interest where applicable. Any reimbursement to the initial developer shall be paid out of the revenues received by the City from the street facility reimbursement charges assessed in the manner provided by this chapter. B. The reimbursement agreement shall be signed by the Mayor, approved as to form by the City Attorney and shall set forth the following information: 1. The name, capacity and address of the initial developer; 2. A description of the street facility costs subject to reimbursement; 3. An itemized statement, prepared by, and attested to by a licensed engineer, of the reimbursable costs to be incurred by the initial developer in installing the street facilities; 4. A legal description and assessor's parcel number for each benefitted property, excepting the initial developer's property; 5. An engineered plat depicting the street facilities and each benefitted property; 6. The total street facility costs subject to reimbursement for each particular benefitted property; 7. The City's obligation to reimburse the initial developer an amount from the street facility charge assessed upon benefitted properties and received by the City, if any, at the time and in the manner provided by this chapter; 8. Methods of acquisition of land necessary for the installation of the street facilities, imposition of costs, recovery of interest; and 9. Such additional information and documents as may reasonably be required by the City Engineer. (Ord. 1653, § 2 (part), 1994) -113- 329 18.56.040 Imposition of Street Facility Reimbursement Charges, Cost of Land and Interest upon Benefitted Properties. A. Where street facilities have been installed by the City or the initial developer without cost to the benefitted property owner, the benefitted property owner, as a condition precedent to obtaining a final map, a final parcel map or a conditional certificate of compliance, shall pay the City for the cost of the land at the cost to the City or to the initial developer, and shall pay a street facility reimbursement charge for the facilities which the City or the initial developer installed on the streets abutting or on the benefitted property in an amount equal to such benefitted property owner's share of the total cost of the street facilities as set forth in the reimbursement agreement. Payment for both land and facilities shall include simple interest in the amount of seven percent per year, to be calculated in the following manner: 1. Land Cost. Interest to accrue from the date the street facilities are accepted by the City to the date the street facility reimbursement charge is paid, or if the land is purchased by the City for a City project, from the date of purchase to the date the charge is paid. 2. Street Facility Cost. Interest to accrue from the date the street facilities are accepted by the City to the date the street facility reimbursement charge is paid, or if installed by the City, from the date installation commenced to the date the charge is paid. B. Provided, however, that the interest shall be waived if the benefitted property owner dedicates or has dedicated to the City land necessary for the street facilities, or where no such dedication is necessary. (Ord. 1653, § 2 (part), 1994) 18.56.050 Disposition of Street Facility Reimbursement Charge Revenues. The revenues received by the City from street facility charges assessed pursuant to this chapter shall be used solely for reimbursements to initial developers in the manner provided by this chapter and the reimbursement agreement. Provided, however, that in the event the City is unable to locate the initial developer after five years of due diligent searching commencing from the date the street facility reimbursement charges are paid, or upon the discovery of facts establishing that a due diligent search would be futile, the revenues collected hereunder shall be paid to the treasurer of the City for deposit in the general fund. (Ord. 1653, § 2 (part), 1994) 18.56.060 Acquisition of Necessary Land, Costs, Interest. A. Where the initial developer at its own cost acquires land for the installation of the mandated street facilities, reimbursement to the initial developer by the City for that portion of the cost of those street facilities in excess of the street facilities required for the initial developer's property -114- 330 shall include interest in an amount equal to the interest received by the City from the owners of benefitted properties as imposed by Section 18.56.050, Disposition of Street Facility Reimbursement Charge Revenues. B. If the initial developer cannot purchase or otherwise acquire land necessary for the installation of the street facilities, the City shall, no later than one hundred twenty days from the filing by the initial developer of a final subdivision map or final parcel map, or in the case of a certificate of compliance, any time prior to issuance of a certificate of occupancy, acquire by negotiation or commence proceedings pursuant to California Code of Civil Procedure Section 1230.010 et seq. (including proceedings for immediate possession under Code of Civil Procedure Section 1255.410) the necessary land. C. Where the City acquires land necessary for the installation of the street facilities in the manner provided in subsection B of this section, the reimbursement agreement shall provide that the initial developer shall reimburse the City for all costs, including litigation costs, incurred by the City in the acquisition of such land. The reimbursement agreement shall also provide that prior to commencement of any proceedings to acquire the necessary land pursuant to the City's eminent domain powers, the initial developer shall deposit with the City an amount to be determined by the Director of Public Works, which amount shall be based on a reasonable estimate of the costs of acquisition of said land. If the deposit exceeds the actual cost of acquisition, the City shall refund the excess amount to the initial developer. If the deposit is less than the actual cost of acquisition, upon written demand by the City, the initial developer shall pay the additional sum to the City. D. Where no dedication of land is necessary for the street facilities, or where the City is able to acquire land necessary for the street facilities at no cost pursuant to negotiations with the owner or owners of benefitted properties for which a street facility reimbursement charge is assessed under Section 18.56.050, Disposition of Street Facility Reimbursement Charge Revenues, of this chapter, and as part of those negotiations the City waives the requirement to pay interest on the street facility reimbursement charge, the initial developer shall not be entitled to interest on the reimbursement charges assessed those benefitted properties. (Ord. 1653, § 2 (part), 1994) 18.56.070 Other Street Facility Charges. The street facility reimbursement charges assessed pursuant to this chapter shall be in addition to any street facility improvement charges assessed pursuant to Chapter 14.04, Street Improvements, of this code, as well as any street facility or other public improvement charges assessed pursuant to any other ordinance or resolution adopted by the City Council. (Ord. 1653, § 2 (part), 1994) -115- 331 18.56.080 Rules and Regulations. The City Engineer shall have the power to establish reasonable rules and regulations consistent with the provisions of this chapter for the purpose of its administration and enforcement. Such rules and regulations shall be effective upon approval thereof by the City Council. (Ord. 1653, § 2 (part), 1994) -116- 332 TITLE 19 - ZONING CHAPTER 19.04: GENERAL PROVISIONS CHAPTER 19.08: DEFINITIONS CHAPTER 19.12 - ADMINISTRATION CHAPTER 19.16: DESIGNATIONS AND ESTABLISHMENT OF DISTRICTS CHAPTER 19.20 - PERMITTED, CONDITIONAL AND EXCLUDED USES IN AGRICULTURAL AND RESIDENTIAL ZONES CHAPTER 19.24: AGRICULTURAL (A) AND AGRICULTURAL- RESIDENTIAL (A -1) ZONES CHAPTER 19.28: SINGLE - FAMILY RESIDENTIAL (R1) ZONES CHAPTER 19.32: RESIDENTIAL DUPLEX (R -2) ZONES CHAPTER 19.36: MULTIPLE - FAMILY RESIDENTIAL (R -3) ZONES CHAPTER 19.40: RESIDENTIAL HILLSIDE (RHS) ZONES* CHAPTER 19.44: RESIDENTIAL SINGLE - FAMILY CLUSTER (RIC) ZONES CHAPTER 19.48 - FENCES CHAPTER 19.52: REASONABLE ACCOMMODATION CHAPTER 19.56: DENSITY BONUS CHAPTER 19.60: GENERAL COMMERCIAL (CG) ZONES* CHAPTER 19.64 PERMITTED, CONDITIONAL AND EXCLUDED USES IN OFFICE AND INDUSTRIAL ZONING DISTRICTS CHAPTER 19.68: ADMINISTRATIVE AND PROFESSIONAL OFFICE (OA & OP) ZONES CHAPTER 19.72: LIGHT INDUSTRIAL (ML) AND INDUSTRIAL PARK (MP) ZONES CHAPTER 19.76: PUBLIC BUILDING (BA), QUASI PUBLIC BUILDING (BQ) ANDTRANSPORTATION (T) ZONES CHAPTER 19.80: PLANNED DEVELOPMENT (P) ZONES CHAPTER 19.84: PERMITTED, CONDITIONAL AND EXCLUDED USES IN OPEN SPACE, PARK AND RECREATION AND PRIVATE RECREATION ZONING DISTRICTS CHAPTER 19.88: OPEN SPACE (OS) ZONES -117- 333 CHAPTER 19.92: PARK AND RECREATION (PR) ZONES CHAPTER 19.96: PRIVATE RECREATION (FP) ZONE CHAPTER 19.100: ACCESSORY BUILDINGS/ STRUCTURES CHAPTER 19.104: SIGNS CHAPTER 19.108: BEVERAGE CONTAINER REDEMPTION AND RECYCLING CENTERS CHAPTER 19.112: SECOND DWELLING UNITS IN R -1, RHS, A AND A -1 ZONES CHAPTER 19.116: CONVERSIONS OF APARTMENT PROJECTS TO COMMON INTEREST DEVELOPMENTS CHAPTER 19.120: HOME OCCUPATIONS CHAPTER 19.124: PARKING REGULATIONS CHAPTER 19.128: ADULT ORIENTED COMMERCIAL ACTIVITIES CHAPTER 19.132: CONCURRENT SALE OF ALCOHOLIC BEVERAGES AND GASOLINE CHAPTER 19.136: WIRELESS COMMUNICATIONS FACILITIES CHAPTER 19.140: NONCONFORMING USES AND NONCONFORMING FACILITIES CHAPTER 19.144: DEVELOPMENT AGREEMENTS CHAPTER 19.148: REQUIRED ARTWORK IN PUBLIC AND PRIVATE DEVELOPMENTS CHAPTER 19.152: AMENDMENTS TO THE ZONING MAPS AND ZONING REGULATIONS CHAPTER 19.156: CONDITIONAL USE PERMITS AND VARIANCES CHAPTER 19.160: TEMPORARY USES CHAPTER 19.164: ADMINISTRATIVE APPROVAL OF MINOR CHANGES IN PROJECTS* CHAPTER 19.168: ARCHITECTURAL AND SITE REVIEW* -118- 334 CHAPTER 19.04: GENERAL PROVISIONS Section 19.04.010 Adoption of Zoning Map and Zoning Regulations. 19.04.020 Purposes. 19.04.030 Compliance with Regulations. 19.04.040 Conflict with Other Regulations. 19.04.050 Noncompliance and Public Nuisance. 19.04.060 Remedies Cumulative. 19.04.080 Amendments. 19.04.090 Combined Application for Land Use Entitlements. 19.04.010 Adoption of Zoning Map and Zoning Regulations. A. This title establishes comprehensive zoning regulations for the City, which regulations shall consist of the following: 1. A map, or set of maps, known as the "zoning map," establishing and delineating various classes of districts within the incorporated territory of the City; 2. Regulations, known as the "zoning regulations," governing the use of land and the placement of buildings and improvements within the various classes of districts. B. The zoning map and zoning regulations shall govern the use of land, including the construction, alteration, movement, replacement or maintenance of buildings; the height, bulk and placement of buildings and uses on each site; the provision of open space, amenities, off - street parking and loading; the relationships between buildings and uses on adjoining sites or within adjoining classes of districts; and such further aspects of land use and development as are appropriate to attain the purposes of this title. (Ord. 1601, Exh. A (part), 1992) 19.04.020 Purposes. The purposes of this title shall be to promote and protect the public health, safety, peace, morals, comfort, convenience, and general welfare, including the following more particularly specified purposes: A. To further promote, and accomplish the objectives, policies, and programs of the Cupertino General Plan; B. To protect the character and the social and economic stability of agricultural, residential, commercial, industrial and other areas within the City; to assure the orderly and beneficial development of such areas; and more particularly, to lessen congestion and assure convenience -119- 335 of access; to secure safety from fire, flood and other dangers; to provide for adequate light, air, sunlight and environmental amenities; to promote and encourage conservation of scarce resources; to prevent overcrowding of land and undue concentration of population, to facilitate the creation of a convenient, attractive and harmonious community; to attain a desirable balance of residential and employment opportunities; to facilitate the adequate provision of transportation, water, sewage, drainage facilities, schools, parks and other public developments; to protect the food supply; to conserve property values; to promote efficient urban design and arrangement; and to secure economy in governmental expenditures; C. To mitigate the negative impacts to public safety resulting from the location of buildings, and the uses of buildings and of land, adjacent to streets and highways while at the same time facilitating existing or prospective traffic movements throughout the City. (Ord. 1601, Exh. A (part), 1992) 19.04.030 Compliance with Regulations. No land shall be used, and no facility, structure or building shall be erected, constructed, enlarged, altered, moved or used in any district, as shown upon the zoning maps, except in accord with the regulations established by this title. (Ord. 1601, Exh. A (part), 1992) 19.04.040 Conflict with Other Regulations. A. Where conflict occurs between the regulations established by this title and the provisions of any other law, title, ordinance, code or other regulation effective within the City, including, but not limited to Title 16, Building Regulations, and Title 18, Subdivisions, the more restrictive of any such provision shall apply. B. It is not intended that this title shall interfere with or abrogate or annul any easement, covenant, or other agreement now in effect, provided, however, that where this title imposes a greater restriction than imposed or required by any other law, title, ordinance, code, or other regulation, or by any easement, covenant, or agreement, the provisions of this title shall apply. (Ord. 1601, Exh. A (part), 1992) 19.04.050 Noncompliance and Public Nuisance. Any building constructed, altered, moved, replaced, or otherwise maintained, or any use of property in a manner contrary to the provision of this title, is unlawful and a public nuisance, and the City Attorney shall commence such action or actions, proceeding or proceedings, as may be deemed appropriate by the City Attorney for the abatement, removal, and enjoining thereof in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate and remove such building or use and restrain and enjoin any person, firm, or corporation from constructing, altering, replacing, or otherwise maintaining any building or using any property in a manner contrary to the provisions of this title. -120 - 336 (Ord. 1601, Exh. A (part), 1992) 19.04.060 Remedies Cumulative. All remedies provided for in this title shall be cumulative and not exclusive. (Ord. 1601, Exh. A (part), 1992) 19.04.070 Penalty for Violations. Any person, firm, or corporation violating any provision of this title is guilty of a misdemeanor punishable as prescribed by Chapter 1.12 of the City's Ordinance Code. (Ord. 1601, Exh. A (part), 1992) 19.04.080 Amendments. All amendments to the provisions of this title shall be adopted in conformance with the applicable procedure contained in the planning and zoning law of the State of California (commencing at Section 65000 of the California Government Code. (Ord. 1601, Exh. A (part), 1992) 19.04.090 Combined Application for Land Use Entitlements. Notwithstanding any other provisions of this title to the contrary, applications for land use entitlement may be combined in one application for purpose of review and approval. In the event of such combination, the reviewing body having final approval over the combined application shall be the highest body in the City which must approve any element to the combined application. (Ord. 1656, § 1, 1994) -121- 337 CHAPTER 19.08: DEFINITIONS Section 19.08.010 Purpose and Applicability. 19.08.020 General Rules for Construction of Language. 19.08.030 Definitions. 19.08.010 Purpose and Applicability. The purpose of this chapter is to promote consistency and precision in the interpretation of zoning regulations. The meaning and construction of words and phrases defined in this chapter shall apply throughout the zoning regulations, except where the context of such word or phrases clearly indicates a different meaning or construction. (Ord. 1601, Exh. A (part), 1992) 19.08.020 General Rules for Construction of Language. The following general rules of construction shall apply to the text of the zoning regulations: A. The particular shall control the general. B. In case of any difference of meaning or implication between the text of any provision and any caption or illustration, the text shall control. C. The word "shall' is always mandatory and not discretionary. The word "may' is discretionary. D. References in the masculine and feminine genders are interchangeable. E. Words used in the singular include the plural, and the plural includes the singular, unless the context clearly indicates the contrary. F. The words "activities' and "facilities" include any part thereof. G. Unless the context clearly indicates to the contrary, the following conjunctions shall be interpreted as follows: 1. "And" indicates that all connected items or provisions shall apply; 2. "Or" indicates that the connected items or provisions may apply singly or in any combination; 3. "Either ... or" indicates that the connected items or provisions shall apply singly but not in combination. H. The words "lot" and "parcel" are interchangeable. 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. -122- 338 K. "City' means the City of Cupertino. (Ord. 1601, Exh. A (part), 1992) 19.08.030 Definitions. Throughout this title the following words and phrases shall have the meanings ascribed in this section. A. "A" Definitions: "Abandon" means to cease or discontinue a use or activity without intent to resume, but excluding temporary or short -term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure. "Abutting" means having property or district lines in common. "Accessory building" means a building which is incidental to and customarily associated with a specific principal use or facility and which meets the applicable conditions set forth in Chapter 19.100, Accessory Buildings/ Structures. "Accessory structure" means a subordinate structure, the use of which is purely incidental to that of the main building and which shall not contain living or sleeping quarters. Examples include a deck, tennis courts, trellis or car shelter. Fences eight feet or less are excluded. "Addition" means any construction which increases the size of a building or facility in terms of site coverage, height, length, width, or gross floor area ratio. "Adjacent property' means property that abuts the subject property, including property whose only contiguity to the subject site is a single point and property directly opposite the subject property and located across a street. "Adult bookstore" means a building or portion thereof used by an establishment having as a substantial or significant portion of its stock in trade for sale to the public or certain members thereof, books, magazines, and other publications which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as hereinafter defined. "Adult cabaret" means a building or portion thereof used for dancing purposes thereof or area used for presentation or exhibition or featuring of topless or bottomless dancers, strippers, male or female impersonators or similar entertainers, for observations by patrons or customers. "Adult motion picture theater" means a building or portion thereof or area, open or enclosed, used for the presentation of motion pictures distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as hereinafter defined, for observation by patrons or customers. "Advertising statuary" means a structure or device of any kind or character for outdoor advertising purposes which displays or promotes a particular product or service, but without name identification. -123- 339 "Aerial" means a stationary transmitting and/or receiving wireless communication device consisting of one or any combination of the elements listed below: 1. "Antenna' means a horizontal or vertical element or array, panel or dish that may be attached to a mast or a tower for the purpose of transmitting or receiving radio or microwave frequency signals. 2. "Mast" means a vertical element consisting of a tube or rod which supports an antenna. 3. "Tower" means a vertical framework of cross elements which supports either an antenna, mast or both. 4. "Guy wires" means wires necessary to insure the safety and stability of an antenna, mast or both. "Affordable units" means housing units in which the rent does not exceed thirty percent of the HUD income limits for lower and very low income households for the Santa Clara County Metropolitan Statistical Area, adjusted for household size. "Agriculture" means the tilling of the soil, the raising of crops, horticulture, agriculture, livestock farming, dairying, or animal husbandry, including slaughterhouses, fertilizer yards, bone yard, or plants for the reduction of animal matter or any other similar use. "Alley" means a public or private vehicular way less than thirty feet in width affording a secondary means of vehicular access to abutting property. "Alteration", for purposes of the Sign Ordinance, means any permanent change to a sign. "Alteration" means any construction or physical change in the arrangement of rooms or the supporting members of a building or structure, or change in the relative position of buildings or structures on a site, or substantial change in appearances of any building or structure. 1. "Incidental alteration" means any alteration to interior partitions or interior supporting members of a structure which does not increase the structural strength of the structure; any alteration to electrical, plumbing, heating, air conditioning, ventilating, or other utility services, fixtures, or appliances; any addition, closing, or change in size of doors or windows in the exterior walls; or any replacement of a building facade which does not increase the structural strength of the structure. 2. "Structural alteration" means any alteration not deemed an incidental alteration. "Amusement park" means a commercial facility which supplies various forms of indoor and outdoor entertainment and refreshments. Animal: 1. Animal, Adult. "Adult animal" means any animal four months of age or older. 2. Animal, Large. "Large animal" means any equine, bovine, sheep, goat or swine or similar domestic or wild animal, as determined by the Planning Commission. 3. Animal, Small. "Small animal" means animals which are commonly found in single - family residential areas such as chickens, ducks, geese, rabbits, dogs, cats, etc. -124- 340 "Animal care" means a use providing grooming, housing, medical care, or other services to animals, including veterinary services, animal hospitals, overnight or short -term boarding ancillary to veterinary care, indoor or outdoor kennels, and similar services. "Apartment" means a room or a suite of two or more rooms which is designed for, intended for, and occupied by one family doing its cooking there. "Apartment house" means a building designed and used to house three or more families, living independently of each other. "Apartment project" means a rental housing development consisting of two or more dwelling units. "Approval Body" means the Director of Community Development and his /her designee, the Planning Commission or City Council depending upon context. "Architectural feature" means any part or appurtenance of a building or structure which is not a portion of the living area of the building or structure. Examples include: cornices, canopies, eaves, awnings, fireplaces, or projecting window elements. Patio covers or any projection of the floor area shall not constitute an architectural projection. "Architectural projection," for purposes of the Sign Ordinance, means any permanent extension from the structure of a building, including the likes of canopies, awnings and fascia. "Atrium" means a courtyard completely enclosed by walls and /or fences. "Attic" means an area between the ceiling and roof of a structure, which is unconditioned (not heated or cooled) and uninhabitable. "Automotive service station" means a use providing gasoline, oil, tires, small parts and accessories, and services incidental thereto, for automobiles, light trucks, and similar motor vehicles. Automotive maintenance and repair (minor) may be conducted on the site. The sale of food or grocery items on the same site is prohibited except for soft drinks and snack foods, either from automatic vending machines or from shelves. The sale of alcoholic beverages on the site is governed by Chapter 19.132, Concurrent Sale of Alcoholic Beverages and Gasoline. "Automotive repair and maintenance (minor)" means the supplying of routine automotive services such as lubrication, engine tune -ups, smog certificates, servicing of tires, brakes, batteries and similar accessories, and minor repairs involving engine accessories. Any repair which requires the engine, drive train, transmission assembly, exhaust system, or drive train parts to be removed from a motor vehicle or requires the removal of internal parts shall not be considered minor. Body and paint shop operations are not minor repairs or maintenance. "Average slope" means the ratio between vertical and horizontal distance expressed in percent; the mathematical expression is based upon the formula described below: S IxLx100 ) A J S = Average slope of ground in percent I = Contour interval in feet -125- 341 L = Combined length in feet of all contours on parcel A = Area of parcel in square feet. B. "B" Definitions: "Banner" means a temporary display consisting of fabric, canvas, plastic or paper material which is attached to a building, vehicle, pole or other form of support. "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. -126- 342 "Caretaker" means a person or persons employed for the purpose of protecting the principal use of the property or structure. "Centerline" means the centerline as established by the County Surveyor of Santa Clara County, the City Engineer, or by the State Division of Highways of the State of California. "Changeable copy sign" means any sign, or portion, which provides for each manual changes to the visible message without changing structural surfaces, including the likes of theater marquees and gasoline service station price signs, but excluding electronic readerboard signs and signs which display the current time or temperature. "Change of face" means any changes to the letter style, size, color, background, or message. "Change of use" means the replacement of an existing use by a new use, or a change in the nature of an existing use, but not including a change in ownership, tenancy or management where the previous nature of the use, line of business, or other function is substantially changed. "Child" means a person who is under eighteen years of age. "Child day care facility" means a facility, licensed by the State or County, which provides non - medical care to children in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty- four -hour basis. Child day care facility includes day care centers, employer sponsored child -care centers and family day care homes. "Church" means a use providing facilities for organized religious worship and religious education incidental thereto, but excluding a private educational facility. A property tax exemption obtained pursuant to Section 3(f) of Article XIII of the Constitution of the State of California and Section 206 of the Revenue and Taxation Code of the State of California, or successor legislation, constitutes prima facie evidence that such use is a church as defined in this section. "College" or "university" means an educational institution of higher learning which offers a course of studies designed to culminate in the issuance of a degree or defined by Section 94110 of the Education Code of the State of California, or successor legislation. "Collocation" means the placement of aerials and other facilities belonging to two or more communication service providers on a single mast or building. "Commercial recreation" means a use providing recreation, amusement, or entertainment services, including theaters, bowling lanes, billiard parlors, skating arenas, and similar services, operated on a private or for - profit basis, but excluding uses defined as outdoor recreation services. "Community center" means a place, structure, area, or other facility used for and providing religious, fraternal, social and /or recreational programs generally open to the public and designated to accommodate and serve a significant segment of the community. "Commercial district," for purposes of the Sign Ordinance, means an area of land designated for commercial use in the current Cupertino General Plan. "Common interest development" means a condominium project, a community apartment project, containing two or more rights of exclusive occupancy, or a stock cooperative, containing two or more separately owned lots, parcels or areas, all definitions are based upon Civil Code Section 1351 or subsequent amendments. -127- 343 "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" means and includes: 1. "Condominium" as defined by Section 783 of the Civil Code; 2. "Community apartment project" as defined by Section 11004 of the Business and Professions Code; 3. "Stock cooperative' as defined by Section 11003.2 of the Business and Professions Code; and 4. "Planned development" as defined by Section 11003 of the Business and Professions Code. The term "condominium" specifically includes, but is not limited to, the conversion of any existing structure for sale pursuant to a method described in this title. "Condominium conversion" or "Conversion" means a change in the type of ownership of a parcel (or parcels) of land, together with the existing attached structures, to that defined as a common interest development, regardless of the present or prior use of such land and structures and whether substantial improvements have been made or are to be made to such structure. "Condominium project" or "project" includes the real property and any structures thereon, or any structures to be constructed thereon, which are to be divided into condominium ownership. "Condominium units" or "units" means the individual spaces within a condominium project owned as individual estates. "Congregate residence" means any building or portion which contains facilities for living, sleeping and sanitation, as required by the California Building Code and may include facilities for eating and cooking for occupancies other than a family. A congregate residence may be a shelter, convent or monastery but does not include jails, hospitals, nursing homes, hotels or lodging houses. "Convalescent facility" means a use other than a residential care home providing inpatient services for persons requiring medical attention, but not providing surgical or emergency medical services. "Convenience market" means a use or activity that includes the retail sale of food, beverages, and small personal convenience items, including sale of food in disposable containers primarily for off- premises consumption, and typically found in establishments with long or late hours of operation and in relatively small buildings, but excluding delicatessens and other specialty food shops and establishments which have a sizable assortment of fresh fruits, vegetables, and fresh -cut meats. "Corner triangle" means a triangular- shaped area bounded by the following, unless deemed otherwise by the City Engineer: -128 - 344 1. The intersection of the tangential extension of front and street side property lines as formed by the intersection of two public rights -of -way abutting the said property lines; and 2. The third boundary of the triangular- shaped area shall be a line connecting the front and side property lines at a distance of forty feet from the intersection of the tangential extension of front and side property lines. "Corner triangle," for purposes of the Sign Ordinance, means a triangular- shaped area of land adjacent to an intersection of public rights -of -way, as further defined in Cupertino Standard Details Drawings Nos. 7 -2 and 7 -4. (See Appendix A -4, Cupertino Standard Detail 7 -2; Corner Triangle - Controlled Intersections, and A -5, 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. -129- 345 "Density bonus" means an increase in the number of dwelling units authorized for a particular parcel of land beyond the maximum allowed by the General Plan range specified on the land use map of the City of Cupertino General Plan as of the date of the project application, controlled through the Government Code process. "Developer" means the owner or subdivider with a controlling proprietary interest in the proposed common interest development, or the person or organization making application, or a qualified applicant who has entered into a development agreement pursuant to the procedures specified in Chapter 19.144. "Development agreement" means a development agreement enacted by legislation between the City and a qualified applicant pursuant to Government Code Sections 65864 through 65869.5. "District" means a portion of the property within the City within which certain uses of land, premises and buildings are permitted and certain other uses of land, premises and buildings are prohibited, and within which certain yards and other open spaces are required and certain building site areas are established for buildings, all as set forth and specified in this title. "Drinking establishment" means an activity that is primarily devoted to the selling of alcoholic beverages for consumption on the premises. "Drive- through establishment" means an activity where a portion of retailing or the provision of service can be conducted without requiring the customer to leave his or her car. "Driveway" means any driveway that provides direct access to a public or private street. Driveway, Curved. "Curved driveway' means a driveway with access to the front property line which enters the garage from the side at an angle of sixty degrees or greater to the front curbline and which contains a functional twenty- foot -deep parking area that does not overhang the front property line. "Duplex" means a building containing not more than two kitchens, designed and used to house not more than two families living independently of each other. "Dwelling unit" means a room or group of rooms including living, sleeping, eating, cooking and sanitation facilities, constituting a separate and independent housekeeping unit, occupied or intended for occupancy by one family on a nontransient basis and having not more than one kitchen. E. "E" Definitions: "Economically feasible" means when a housing project can be built with a reasonable rate of return. The housing developer's financial ability to build the project shall not be a factor. Emergency Shelter: "Emergency shelter, rotating" means a facility that provides temporary housing with minimal supportive services. Shelters shall be limited to a time period of two months in a twelve -month period at any single location and shall meet criteria in Section 19.64.040(A). -130- 346 "Emergency shelter, permanent" means a facility that provides temporary housing with minimal supportive services that is limited to occupancy of six months or less. Shelters may be permanently operated and shall meet criteria in Section 19.64.040(B). "Enclosed" means a covered space fully surrounded by walls, including windows, doors and similar openings or architectural features, or an open space of less than one hundred square feet fully surrounded by a building or walls exceeding eight feet in height. "Entry feature" means a structural element, which leads to an entry door. "Equestrian center" means a facility for the shelter, display, exhibition, keeping, exercise or riding of horses, ponies or mules, or vehicles drawn by such animals, with related pasture lands, corrals and trails. "Equipment yard" means a use providing for maintenance, servicing or storage of motor vehicles, equipment or supplies; or for the dispatching of service vehicles; or distribution of supplies or construction materials required in connection with a business activity, public utility service, transportation service, or similar activity, including but not limited to, a construction material yard, corporation yard, vehicular service center or similar use. F. "F" Definitions: "Facility" means a structure, building or other physical contrivance or object. 1. "Accessory facility' means a facility which is incidental to, and customarily associated with a specified principal facility and which meets the applicable conditions set forth in Chapter 19.80. 2. "Noncomplying facility' means a facility which is in violation of any of the site development regulations or other regulations established by this title, but was lawfully existing on October 10, 1955, or any amendment to this title, or the application of any district to the property involved by reason of which the adoption or application the facility becomes noncomplying. (For the definition for "nonconforming use" see the definition "use' in this chapter.) 3. "Principal facilities" means a main building or other facility which is designed and constructed for or occupied by a principal use. "Family" means an individual or group of persons living together who constitute a bona fide single housekeeping unit in a dwelling unit. "Family" shall not be construed to include a fraternity, sorority, club, or other group of persons occupying a hotel, lodging house, or institution of any kind. "Fence" means a man-made structure which is designed, intended or used to protect, defend or obscure the interior property of the owner from the view, trespass or passage of others upon that property. "Fence height" means the vertical distance from the highest point of the fence (excluding post caps) to the finish grade adjoining the fence. In a case where the finish grade is different for each side of the fence, the grade with the highest elevation shall be utilized in determining the fence height. -131- 347 "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 19.28.060F; 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 19.28.060F; 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 -132- KM drainage, within the area between the building and the property line, or when the property line is more than five feet from the building, between the building and a line five feet from the building. "Gross lot area" means the horizontal area included within the property lines of a site plus the street area bounded by the street centerline up to thirty feet distant from the property line, the street right -of -way line and the extended side yard to the street centerline. "Group home" means a state - authorized, certified or licensed family care home, foster home, or group home serving six or fewer mentally disordered or otherwise handicapped persons or dependent and neglected children. "Guest room" means a room which is intended, arranged or designed to be occupied by occasional visitors or nonpaying guests of the occupants of the dwelling unit in which the room is located, and which contains no kitchen facilities. 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 Limit for Entry Features "Height ", for purposes of the Accessory Buildings/ Structures, encompasses the entire wall plane nearest the property line, including roof, eaves, and any portion of the foundation visible above the adjoining finished grade. -133- 349 "Home occupation" means a business, profession, occupation or trade activity which is performed by the resident(s) of a dwelling unit within that dwelling unit, or a yard area or garage associated with that dwelling unit, or a yard area or garage associated with that unit, for purposes of generating income, by means of the manufacture, and /or sale of goods and /or services, but which activity is clearly incidental to the use of the dwelling for residential purposes. "Hospital" means a facility for providing medical, psychiatric or surgical services for sick or injured persons, primarily on an inpatient basis, and including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and service to patients, employees or visitors. "Hotel" means a facility containing rooms or groups of rooms, generally without individual kitchen facilities, used or intended to be used by temporary overnight occupants, whether on a transient or residential occupancy basis, and whether or not eating facilities are available on the premises. Hotel includes motel, motor hotel, tourist court, or similar use, but does not include mobilehome parks or similar uses. "Household pets" means small animals commonly found in residential areas such as chickens, ducks, geese, rabbits, dogs, and cats, but excluding animals such as any bovine or equine animal, or any goat, sheep or swine. This title does not regulate the keeping of small household pets, such as fish, birds or hamsters, which is incidental to any permitted use. However, no animal including household pets may be kept, maintained and /or raised for commercial purposes except where permitted with required permits. "Household type" means whether the occupants of the housing units are very low income, lower income or senior citizens. "Housing development" means one or more groups of projects with residential units constructed in the planned development of the City. I. "1" Definitions: "Industrial district," for purposes of the Sign Ordinance, means all ML districts and any other zoning classifications which are consistent with the industrial designation of the Cupertino general plan. "Institutional district," for purposes of the Sign Ordinance, means all BQ, PR, FP, and BA districts and other zoning classifications and uses which are considered institutional in nature and are consistent with the institutional or quasi - public designation of the general plan. J. "J" Definitions: "Junkyard" means the use of more than two hundred square feet of the area of any lot for the storage or keeping of junk, including scrap metals or other scrap material, and /or for the dismantling or wrecking of automobiles or other vehicles or machinery. K. "K" Definitions: "Kitchen" means an area in habitable space used for the preparation of food and including at least three of the following: -134- 350 1. Cooking appliance(s) or provision for a cooking appliance (such as 220V outlets, gas connections and space for appliances between counters; 2. Counter; 3. Refrigerator; 4. Sink. L. "L" Definitions: "Landscaping" means an area devoted to or developed and maintained with native or exotic planting, lawn, ground cover, gardens, trees, shrubs, and other plant materials, decorative outdoor landscape elements, pools, fountains, water features, paved or decorated surfaces of rock, stone, brick, block or similar material (excluding driveways, parking, loading or storage areas), and sculptural elements. "Late evening activities" means an activity which maintains any hours of operation during the period of eleven p.m. to seven a.m. "Legal substandard lot" means any parcel of land or lot recorded and legally created by the County or City prior to March 17, 1980, which lot or parcel is of less area than required in the zone; or lots or parcels of record which are reduced to a substandard lot size as a result of required street dedication unless otherwise provided in the City of Cupertino General Plan. The owner of a legally created, substandard property which is less than six thousand square feet but equal to or greater than five thousand square feet may utilize such parcel for residential purposes. The owner of a legally created parcel of less than five thousand square feet may also develop the site as a single - family residential building site if it can be demonstrated that the property was not under the same ownership as any contiguous property on the same street frontage as of or after July 1, 1984. "Lightwell" means an excavated area required by the Uniform Building Code to provide emergency egress, light and ventilation for below grade rooms. "Liquor store" means a use requiring a State of California "off -sale general license' (sale for off -site consumption of wine, beer and /or hard liquor) and having fifty percent or more of the total dollar sales accounted for by beverage covered under the off -sale general license. "Living space" means habitable space and sanitation. "Loading space" means an area used for loading or unloading of goods from a vehicle in connection with the use of the site on which such space is located. "Lodging" means the furnishing of rooms or groups of rooms within a dwelling unit or an accessory building to persons other than members of the family residence in the dwelling unit, for overnight occupancy on a residential occupancy basis, whether or not meals are provided to the person. Lodging shall be subject to the residential density requirements of the district in which the use is located. "Lodging unit" means a room or group of rooms not including a kitchen, used or intended for use by overnight occupants as a single unit, whether located in a hotel or a dwelling unit providing lodging where designed or used for occupancy by more than two persons; each two- person capacity shall be deemed a separate lodging unit for the purpose of determining residential density; each two lodging units shall be considered the equivalent of one dwelling unit. -135- 351 1. "Lot" means a parcel or portion of land separated from other parcels or portions by description, as on a subdivision or record of survey map, or by metes and bounds, for purpose of sale, lease or separate use. "Corner lot" means a lot situated at the intersection of two or more streets, or bounded on two or more adjacent sides by street lines. 2. "Flag lot" means a lot having access to a street by means of a private driveway or parcel of land not otherwise meeting the requirement of this title for lot width. 3. "Interior lot" means a lot other than a corner lot. 4. "Key lot" means the first lot to the rear of a corner lot, the front line of which is a continuation of the side line of the corner lot, and fronting on the street which intersects or intercepts the street on which the corner lot fronts. 5. "Lot area" means the area of a lot measured horizontally between boundary lot lines, but excluding a portion of a flag lot providing access to a street and lying between a front lot line and the street, and excluding any portion of a lot within the lines of any natural watercourse, river, stream, creek, waterway, channel or flood control or drainage easement and excluding any portion of a lot within a street right -of -way whether acquired in fee, easement or otherwise. "Lot coverage" means the following: 1. "Single - family residential use" means the total land area within a site that is covered by buildings, including all projections, but excluding ground -level paving, landscape features, lightwells, and open recreational facilities. 2. "All other uses except single - family residential" means the total land area within a site that is covered by buildings, excluding all projections, ground -level paving, landscape features, and open recreational facilities. "Lot depth" means the horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line, or to the most distant point on any other lot line where there is no clear rear lot line. "Lot line" means any boundary of a lot. 1. "Front lot line" means on an interior lot, the lot line abutting a street, or on a corner lot, the shorter lot line abutting a street, or on a flag lot, the interior lot line most parallel to and nearest the street from which access is obtained. 2. "Interior lot line" means any lot line not abutting a street. 3. "Rear lot line" means the lot line not intersecting a front lot line which is most distant from and the most closely parallel to the front lot line. A lot bounded by only three lot lines will not have a rear lot line. 4. "Side lot line" means any lot line which is not a front or rear lot line. 5. "Street lot line" means any lot line abutting a street. "Lot of record" means a lot which is part of a subdivision recorded in the office of the County Recorder, or a lot or parcel described by metes and bounds which has been recorded. -136- 352 "Lot width" means the horizontal distance between side lot lines, measured at the required front setback line. "Lower- income household" means a household whose gross income is as established by Health and Safety Code Section 50079.5. M. "M" Definitions: "Major renovation," for purposes of Chapter 19.116, Conversions of Apartment Projects to Common Interest Development, means any renovation for which an expenditure of more than one thousand dollars was made. "Major repair," for purposes of Chapter 19.116, Conversions of Apartment Projects to Common Interest Development, means any repair for which an expenditure of more than one thousand dollars was made. "Manufacturing" means a use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing fabrication, assembly, treatment, packaging of products, but excluding basic industrial processing of extracted or raw materials, processes utilizing inflammable or explosive material (i.e., materials which ignite easily under normal manufacturing conditions), and processes which create hazardous or commonly recognized offensive conditions. "Massage" means any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating the external parts of the human body with the hands or with any mechanical or electrical apparatus or other appliances or devices with or without such supplementary aides as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment or other similar preparations. "Massage parlor" means a building or portion thereof, or a place where massage is administered for compensation or from which a massage business or service for compensation is operated which is not exempted or regulated by the Massage Establishment Ordinance as contained in Title 9, Health and Sanitation of the Cupertino Municipal Code, Chapter 9.06. "Minor change" means an alteration or modification of an existing plan, development or project which is substantially inferior in bulk, degree or importance to the overall dimension and design of the plan, development or project with no change proposed for the use of the land in question, no change proposed in the character of the structure or structures involved, and no variance required. "Mobilehome" means a vehicle, other than a motor vehicle, designed or used as semipermanent housing, designed for human habitation, for carrying persons and property on its own structure, and for being drawn by a motor vehicle, and shall include a trailer coach. "Mobilehome park" means any area or tract of land where lots are sold, rented, or held out for rent to one or more owners or users of mobilehomes, excluding travel - trailers, for the purpose of permanent or semipermanent housing. "Multiple - family use" means the use of a parcel for three or more dwelling units which may be in the same building or in separate buildings on the same parcel. -137- 353 N. "N" Definitions: "Natural grade" means the contour of the land prior to improvements or development, unless otherwise established by a city approved grading plan that is part of a subdivision map approval. "Net lot area" means the total area included within the property lines of a parcel, excluding the following: 1. Any portion of a parcel within the right -of -way of an existing public street; 2. The portion of a flag lot constituting the access corridor lying between the front property line and the frontage line of the corridor at the street; 3. The full width of any legal easement used for access purposes. "Nightclub" means an establishment providing alcoholic beverage service and late evening (past eleven p.m.) entertainment, with or without food service. O. "O" Definitions: "Office" means: 1. "Administrative or executive offices" including those pertaining to the management of office operations or the direction of enterprise but not including merchandising or sales services. 2. "Medical office' means a use providing consultation, diagnosis, therapeutic, preventative or corrective personal treatment services by doctors, dentists, medical and dental laboratories, and similar practitioners of medical and healing arts for humans, licensed for such practice by the State of California and including services related to medical research, testing and analysis. 3. "Professional offices" such as those pertaining to the practice of the professions and arts including, but not limited to, accounting, architecture, dentistry, design, engineering, including associated testing and prototype development, but excluding product manufacturing and /or assembly, law and medicine, but not including sale of drugs or prescriptions except as incidental to the principal uses and where there is external evidence of such incidental use. 4. "Office district," for purposes of the Sign Ordinance, means those buildings or groups of buildings for which the permitted uses are professional offices, is within an OA or OP zone or which are designated for offices on the general plan. "Offset" means the indentation or projection of a wall plane. "Open" means a space on the ground or on the roof of a structure, uncovered and unenclosed. "Organizational documents" means the declaration of restrictions, articles of incorporation, bylaws and any contracts for the maintenance, management or operation of all or any part of a common interest development. "Outdoor recreation use" means a privately owned or operated use providing facilities for outdoor recreation activities, including golf, tennis, swimming, riding or other outdoor sport or recreation, operated predominantly in the open, except for accessory or incidental enclosed services or facilities. -138- 354 P. "P" Definitions: "Park" means any open space, reservation, playground, swimming pool, golf course, recreation center, or any other area in the City owned or used by the City or County and devoted to active or passive recreations. "Parking area" means an unroofed, paved area, delineated by painted or similar markings, intended and designed to accommodate one or more vehicles. "Parking facility" means an area on a lot or within a building, or both, including one or more parking spaces, together with driveways, aisles, turning and maneuvering areas, clearances and similar features, and meeting the requirements established by this title. Parking facility includes parking lots, garages and parking structures. 1. "Temporary parking facility" means parking lots which are not required under this title and which are intended as interim improvements of property subject to removal at a later date. "Parking space" means an area on a lot or within a building, used or intended for use for parking a motor vehicle, having permanent means of access to and from a public street or alley independently of any other parking space, and located in a parking facility meeting the requirements established by this title. Parking space is equivalent to the term "parking stall" and does not include driveways, aisles or other features comprising a parking facility as previously defined in this chapter. "Pennant" means any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in a series, designed to move in the wind. "Permit" means a permit issued by the City Council, Planning Commission, Design Review Committee, Director of Community Development, or any other decision body as empowered by the Cupertino Municipal Code, approving architecture, site improvements, buildings, structures, land and /or uses. Permits may include but shall not be limited to Administrative Approvals, Two -story Permits, Minor Residential Permits, Architectural and Site Approvals, Development Permits, Conditional Use Permits, Exceptions, Variances or Subdivision Maps. "Person" means an individual, group, partnership, firm, association, corporation, trust, governmental agency, governmental official, administrative body, or tribunal or any other form of business or legal entity. "Personal fitness training center" means a facility providing space and equipment, with or without supervision, for group or individual athletic development, increased skill development in sports activity, or rehabilitative therapy for athletic injury. "Perspective drawing" means a rendering of a three - dimensional view depicting the height, width, depth, and position of a proposed structure in relation to surrounding properties and structures when viewed from street level. "Picnic area" means a facility providing tables and cooking devices for preparation and consumption of meals out of doors or within an unenclosed shelter structure. "Practice range" means a facility providing controlled access to fixed or movable objects which are used to test and measure accuracy of discharge from a weapon. -139- 355 "Private educational facility" means a privately owned school, including schools owned and operated by religious organizations, offering instruction in the several branches of learning and study required to be taught in the public schools by the Education Code of the State of California. "Project improvements" means all public road improvements, undergrounding utility improvements, and improvements to the on -site utility networks as required by the City of Cupertino for a common interest development. "Projection' means architectural elements, not part of the main building support, that cantilevers from a single building wall or roof, involving no supports to the ground other than the one building wall from which the element projects. "Promotional Device" means any sign, display, fixture, placard, vehicle or structure that uses color, form, graphic, symbol, illumination or writing to advertise a special event or the opening of a new business. "Property" means real property which includes land, that which is affixed to the land, and that which is incidental or appurtenant to the land as defined in Civil Code Sections 658 through 662. 1. Property, Adjoining. "Adjoining property' means any unit of real property, excluding lands used as public streets, sharing one or more common points with another property. "Provider" means a person who operates a child day care home and is licensed by the State of California. "Public dancehall" is a building or portion used for dancing purposes to and in which the general public is admitted and permitted to dance, upon payment of any fee other than compensation, or upon payment of a charge for admission, or for which tickets or other devices are sold, or in which a charge is made for the privilege of dancing with any other person employed for such purpose by the operator of the establishment, including but not limited to taxi dances, but excluding restaurants, hotel rooms and nightclubs in which the dancing is incidental only to other entertainment. Q. "Q" Definitions: "Qualified applicant" is a person who has a legal or equitable interest in real property which is the subject of a development agreement, determined pursuant to Section 19.116.070. Qualified applicant includes an authorized agent. R. "R" Definitions: "Recreational open space" means open space within a common interest development (exclusive of required front setback areas) which shall be used exclusively for leisure and recreational purposes, for the use and enjoyment of occupants (and their visitors) of units on the project and to which such occupants (and their visitors) have the right of use and enjoyment. Accessory structures such as swimming pools, recreational buildings and landscaped areas may be included as open space. "Recyclable materials" means discards or waste materials that may be separated or mixed, collected and processed, and used as raw materials for new products. For purposes of this chapter, recyclable material does not include hazardous materials. -140- 356 "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: a. "Collection facility" means a facility for the acceptance (donation, redemption or sale) of recyclable materials from the public. Such a facility does not use power- driven processing equipment except as indicated in standards and conditions, in this chapter. Collection facilities may include the following: i. Reverse vending machine(s); ii. Small collection facilities which occupy an area of not more than five hundred square feet, and may include: (A) A mobile recycling unit, (B) Bulk reverse vending machine or a grouping of reverse vending machines occupying more than fifty square feet, (C) Kiosk type units and bulk vending machines, (D) Unattended containers placed for the donation of recyclable materials; iii. Large collection facilities which may occupy an area of more than five hundred square feet, or is on a separate property not appurtenant to a host use, and may include permanent structures. b. "Processing facility' means a building or enclosed space use for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment or to an end - user's specifications, by such means as baling, briquetting, -141- 357 compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing. Processing facility includes the following: i. A light processing facility occupies an area of under forty -five thousand square feet of gross collection, processing and storage area and has up to two outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source - separated recyclable materials and repairing of reusable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers. ii. A heavy processing facility is any processing facility other than a light processing facility. "Religious institution" means a seminary, retreat, monastery, conference center, or similar use for the conduct of religious activities including accessory housing incidental thereto, but excluding a private educational facility. Any use for which a property tax exemption has been obtained pursuant to Section 3(f) of Article XIII of the Constitution of the State of California and Section 206 of the Revenue and Taxation Code of the State of California, or successor legislation, or which is used in connection with any church which has received such an exemption, shall be prima facie presumed to be a religious institution. "Residential care facility" means a building or portion designed or used for the purpose of providing twenty- four - hour -a -day nonmedical residential living accommodations pursuant to the Uniform Building, Housing and Fire Codes, in exchange for payment of money or other consideration, where the duration of tenancy is determined, in whole or in part, by the individual resident's participation in group or individual activities such as counseling, recovery planning, medical or therapeutic assistance. Residential care facility includes, but is not limited to, health facilities as defined in California Health and Safety Code (H &SC) Section 1250 et seq., community care facilities (H &SC Section 1500 et seq.), residential care facilities for the elderly (H &SC Section 1569 et seq.), and alcoholism or drug abuse recovery or treatment facilities (H &SC Section 11384.11), and other similar care facilities. Restaurant: 1. Restaurant, Fast -Food. "Fast -food restaurant" means a retail food service establishment in which prepared foods or beverages are served or sold on or in disposable containers, including those establishments where a substantial portion of the patrons may serve themselves and may consume the food and beverages off -site. A separate bar facility for serving alcoholic beverages is not permitted. Any area, tables or rooms reserved for serving alcoholic beverages shall be considered a separate bar facility. Specialty food stores, such as ice cream stores, bakeries or shops, shall not be considered fast -food restaurants. 2. Restaurant, Full Service. "Full- service restaurant" means any restaurant which is not a fast -food restaurant. Alcoholic beverages may be served with meals at a customer's dining table; however, a separate bar facility for serving alcoholic beverages is not permitted without a use permit. "Research and development" means a use engaged in study, design, analysis and experimental development of products, processes or services, including incidental manufacturing of products or provisions of services to others. -142- 358 "Residential care home" means the use of a dwelling unit or portion licensed by the State of California or County of Santa Clara, for care of up to six persons, including overnight occupancy or care for extended time periods, and including all uses defined in Sections 5115 and 5116 of the California Welfare and Institutions Code, or successor legislation. "Residential district," for purposes of the Sign Ordinance, means the R1, RHS, R2, R3, R1C, A, and Al zoning classifications which are consistent with the residential designation of the Cupertino general plan. "Reverse vending machine(s)" means an automated mechanical device which accepts one or more types of empty beverage containers, including, but not limited to aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the containers redemption value, as determined by the State. A reverse vending machine may sort and process containers mechanically provided that the entire process is enclosed within the machine. In order to accept and temporarily store all three container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling center, multiple grouping of reverse vending machines may be necessary. 1. A bulk reverse vending machine is a reverse vending machine that is larger than fifty square feet; is designed to accept more than one container at a time; and will pay by weight instead of by container. "Rotating homeless shelter" means a shelter located in an existing church structure, the shelter provided not to exceed two months in any twelve -month period at any single location, and the number of occupants not to exceed twenty -five, hours of operation not to exceed six p.m. to seven a.m. S. "S" Definitions: "Screened" means shielded, concealed, and effectively hidden from view at an elevation of up to eight feet above ground level on adjoining parcels, or from adjoining parcels, within ten feet of a lot line, by a fence, wall, hedge, berm, or similar structure, architectural or landscape feature, or combination thereof. "Second dwelling unit" means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as the single - family dwelling is situated. "Senior citizens" means: 1. Persons at least sixty -two years of age; or 2. Persons at least fifty -five years of age in a senior citizen housing development, in accordance with State and federal law. "Senior housing development" means: 1. Government subsidized housing units for senior citizens; 2. Housing intended for, and solely occupied by, persons at least sixty -two years of age; or -143- 359 3. Housing consisting of at least one hundred fifty units in which eighty percent of the units have at least one person aged fifty -five or older and which provide special facilities and services designed for seniors. Eligibility for a density bonus or other concession for senior citizen units must be in conformity with State and federal laws governing senior housing projects. "Setback line" means a line within a lot parallel to a corresponding lot line, which is the boundary of any specified front, side or rear yard, or the boundary of any public right -of- way or private road, whether acquired in fee, easement, or otherwise, or a line otherwise established to govern the location of buildings, structures or uses. Where no minimum front, side or rear yards are specified, the setback line shall be coterminous with the corresponding lot line. Setback Area, Required. "Required setback area" means open space, unoccupied and unobstructed from the ground upward, except as provided in this title, between the lot line and the setback line on the same parcel. 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 A -6, Cupertino Standard Detail; Sidewalk Site Triangle (Sidewalk Clearance at Driveway) "Sign" means any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, to communicate information of any kind to the public. -144- 360 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. "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. "Directory sign" means any outdoor listing of occupants of a building or group of buildings. "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. "Garage sale signs" means any sign used for advertising a garage or patio sale as defined in Chapter 5.16 of the Cupertino Municipal Code. 9. "Ground sign" means any sign permanently affixed to the ground and not supported by a building structure. The height of thesign shall be measured from the grade of the adjoining closest sidewalk to the top of the sign including trim. 10. "Identification sign" means any sign whose sole purpose is to display the name of the site and the names of the occupants, their products or their services. 11. "Illegal sign" means any sign or advertising statuary which was not lawfully erected, maintained, or was not in conformance with the provisions of this title in effect at the time of the erection of the sign or advertising statuary or which was not installed with a valid permit from the City. 12. "Illuminated sign" means any sign utilizing an artificial source of light to enhance its visibility. 13. "Informational sign' means any sign which promotes no products or services, but displays service or general information to the public, including the likes of hours of operation, rest room identifications and hazardous warnings. 14. "Landmark sign" means an existing, legal non - conforming ground sign that has a distinctive architectural style. 15. "Nonconforming sign' means any sign or advertising statuary that was legally erected and had obtained a valid permit in conformance with the ordinance in effect at the time of the erection of the sign but which became nonconforming due to the adoption of the ordinance codified in this title. -145- 361 16. "Obsolete sign" means any sign that displays incorrect or misleading information, promotes products or services no longer available at that site or identifies departed occupants. 17. "Off -site sign" means any sign not located on the premises of the business or entity indicated or advertised by the sign. This definition shall include billboards, poster panels, painted bulletins and other similar advertising displays. 18. "On -site sign" means a sign directing attention to a business, commodity, service or entertainment conducted, sold or offered upon the same premises as those upon which the sign is maintained. 19. "Political sign' means a temporary sign that encourages a particular vote in a scheduled election and is posted prior to the scheduled election. 20. "Portable Sign or Display' means any outdoor sign or display not permanently attached to the ground or a structure on the premises it is intended to occupy and displayed only during business hours. Portable sign or display includes A- frames, flower carts, statues, and other similar devices used for advertising as determined by the Director. 21. "Project announcement sign" means any temporary sign that displays information pertinent to a current or future site of construction, including the likes of the project name, developers, owners and operators, completion dates, availability and occupants. 22. "Projecting sign' means any sign other than a wall sign that is attached to and projects from a structure or building face or wall. 23. "Real estate sign" means a temporary sign indicating that a particular premises is for sale, lease or rent. 24. "Roof sign" means a sign erected between the lowest and highest points of a roof. 25. "Street address sign" means any sign that displays only the street address number(s) of the site and, at the option of the property owner, the street name. 26. "Temporary Sign' means any sign, display, banner or promotional device which is designed or intended to be displayed only during the allowable business hours or for short periods of time as specified by the Director of Community Development. 27. "V- shaped signs" means any sign consisting of two vertical faces, or essentially vertical faces, with one common edge and which appears as the letter V when viewed directly from above. 28. "Vehicle sign" means a sign painted on or attached to an operable or movable vehicle; in the case of motor vehicles, "operable" shall be defined as having a valid license plate. 29. "Wall sign" means any sign that is attached, erected or painted on a structure attached to a building, a canopy structure, or the exterior wall of a building with the exposed face of the sign parallel to the wall. 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. . -146- 362 "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 A -2 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. "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. - 363 1. Street, Public. "Public street" means all streets, highways, lanes, places, avenues and portions and including extensions in the length and width, which have been dedicated by the owners to public use, acquired for public use, or in which a public easement for roadway purposes exists. "Street frontage," for purposes of the Sign Ordinance, means the length of a site along or fronting on a public or private street, driveway or other principal thoroughfare, but does not include such length along an alley, watercourse, railroad right -of -way or limited access roadway or freeway. "Structure" means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. 1. Structure, Recreational. "Recreational structure" means any affixed accessory structure or portion, which functions for play, recreation or exercise (e.g., pool slides, playhouses, tree houses, swings, climbing apparatus, gazebos, decks, patios, hot tubs and pools) but does not include portable play structures, such as swings or climbing apparatus. "Structurally attached" means any structure or accessory structure or portion thereof, which is substantially attached or connected by a roof structure or similar physical attachment. "Supportive housing" (per CA Health and Safety Code 50675.14(b)(1)) means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. T. "T" Definitions: "Target population" (per CA Health and Safety Code 50675.14(b)(2)) means persons with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may, among other populations, emancipated youth, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, or homeless people. "Transient" means any individual who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of thirty consecutive calendar days or less, counting portions of calendar days as full days, and including any individual who actually physically occupies the premises, by permission of any other person entitled to occupancy. "Transitional housing" and "transitional housing development" (per CA Health and Safety Code 50675.2 (h)) means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. "Trim' means the molding, battens, cappings, nailing strips, lattice and platforms which are attached to a sign. 364 U. "U" Definitions: "Use" means the conduct of an activity, or the performance of a function or operation, on a parcel or in a building or facility. 1. "Accessory use" means a use which is incidental to and customarily associated with a specified principal use. 2. "Conditional use" means a use listed by the regulations of any particular district as a conditional use within that district, and allowable solely on a discretionary or conditional basis, subject to issuance of a conditional use permit, and to all other regulations established by this title. 3. "Nonconforming use" means a use which is not a permitted use or conditional use authorized within the district in which it is located, but which was lawfully existing on October 10, 1955; or the date of any amendments thereto, or the application of any district to the property involved, by reason of which adoption or application the use became nonconforming. (See "noncomplying facilities" in this chapter for a definition.) 4. "Permitted use' means a use listed by the regulations of any particular district as a permitted use within that district, and permitted therein as a matter of right when conducted in accord with the regulations established by this title. 5. "Principal use" means a use which fulfills a primary function of a household, establishment, institution, or other entity. "Useable rear yard" means that area bounded by the rear lot line(s) and the rear building line extended to the side lot lines. The side yard adjacent to a proposed minor addition (e.g., addition equaling ten percent or less of the principal structure) may be included in calculation of usable rear yard area. V. "V" Definitions: "Variance application" means an application for which an exception process is not identified in the Municipal Code. "Vehicle" means any boat, bus, trailer, motor home, van, camper (whether or not attached to a pickup truck or other vehicle), mobilehome, motorcycle, automobile, truck, pickup, airplane, boat trailer, truck tractor, truck trailer, utility trailer or recreational vehicle, or parts, or any device by which any person or property may be propelled, moved or drawn upon a public street, excepting a device moved exclusively by human power. 1. Vehicle, commercial. "Commercial vehicle" means a vehicle of a type required to be registered under the California Vehicle Code used or maintained for the transportation of persons for hire, compensation, or profit or designed, used, or maintained primarily for the transportation of goods. 2. Vehicle, Recreation. "Recreation vehicle" means a vehicle towed or self - propelled on its own chassis or attached to the chassis of another vehicle and designed or used for temporary dwelling, recreational or sporting purposes. The term recreation vehicle includes, but is not limited to, trailers, motor coach homes, converted trucks and buses, and boats and boat trailers. -149- 365 "Very low income household" means a household whose gross income is as established by Health and Safety Code Section 50105. "Visual privacy intrusion" means uninterrupted visual access from a residential dwelling or structure into the interior or exterior areas of adjacent residential structures, which area is either completely or partially private, designed for the sole use of the occupant, and /or which serves to fulfill the interior and /or exterior privacy needs of the impacted residence or residences. W. "W" Definitions: None. X. "X" Definitions: None. Y. "Y" Definitions: "Yard" means an area within a lot, adjoining a lot line, and measured horizontally, and perpendicular to the lot line for a specified distance, open and unobstructed except for activities and facilities allowed therein by this title. 1. "Front yard" means a yard measured into a lot from the front lot line, extending the full width of the lot between the side lot lines intersecting the front lot line. 2. "Rear yard" means a yard measured into a lot from the rear lot line, extending between the side yards; provided that for lots having no defined rear lot line, the rear yard shall be measured into the lot from the rearmost point of the lot depth to a line parallel to the front lot line. 3. "Side yard" means a yard measured into a lot from a side lot line, extending between the front yard and rear lot line. Z. "Z" Definitions: None. -150- 366 CHAPTER 19.12 - ADMINISTRATION Section 19.12.010 Purpose and intent. 19.12.020 Applicability of Regulations. 19.12.030 Approval Authority. 19.12.050 Authority of the Design Review Committee. 19.12.040 Authority of the Director of Community Development. 19.12.060 Authority of the Planning Commission. 19.12.070 Authority of the City Council. 19.12.080 Application Process. 19.12.090 Action by Director. 19.12.100 Decision 19.12.110 Noticing. 19.12.120 Action by Director of Community Development — Administrative. 19.12.130 Action by Design Review Committee and Planning Commission. 19.12.140 Action by City Council. 19.12.150 Notice of Decision and Reports. 19.12.160 Effective date. 19.12.170 Appeals 19.12.180 Expiration, Extension and Revocation. 19.12.010 Purpose and intent. The purpose and intent of the Administration section is to establish procedures for the discretionary review of development in the city in order to ensure that new development and changes to existing developments comply with city development requirements and policies. This chapter establishes the procedures for review of applications before the approval authorities for each type of project and the process for appeals of any requirement, decision or determination made by any Approval Body. 19.12.020 Applicability of Regulations. Except as otherwise provided in this section, Development Review is required for all zoning map and text amendments, new construction, modifications to building exteriors or site improvements, and changes in Land Use, including, but not limited to, the following: A. In the A, Al, R1 and RHS Zones, the following activities: 1. Conditional uses in accord with Chapter 19.20, Chapter 19.24, Chapter 19.28, Chapter, 19.32, Chapter 19.36, Chapter 19.40 and Chapter 19.44; -151- 367 2. Removal of protected trees identified in Chapter 14.18; 3. Projects in R1 zones identified in Section 19.28.040; 4. Height Exceptions identified in Section 19.24.070(B)(3); 5. Hillside Exceptions identified in Section 19.44.070 and Chapter 19.48; 6. Parking Exceptions identified in Chapter 19.124; 7. Fence Exceptions identified in Chapter 19.48 8. Variance to all other zoning regulations B. In R2, R3, RIC and all Commercial, Industrial, Office, Planned Community Districts and other non - residential zoning districts: 1. New structures or property development, including signs and sign programs. 2. Building additions, exterior modifications to existing structures including signs and sign programs, and site changes (including, but not limited to, new or modified landscaping, tree removals, fencing, changes to parking lot space striping or circulation); 3. Changes in property or building use that involve exterior modifications; 4. Exceptions or modifications to the development's required and /or existing parking; 5. Conditional uses in accord with Chapter 19.60, Chapter 19.64, Chapter 19.68, Chapter 19.72, Chapter 19.76, Chapter 19.80, Chapter 19.84, Chapter 19.88, Chapter 19.92, Chapter 19.96, Chapter 19., Chapter 19.128, Chapter 19.116, Chapter 19.132, Chapter 19.136; 19.12.030 Approval Authority Table 19.12.030 shows the approval authority, Noticing Radius, Expiration Date and Extension Dates for different types of Permits. -152- .: Type of Permit or Decision A, B Administrative Design Review Planning Commission Cit � Council Public Hearin Public Meetin Noticing Radius D Posted Ex iration p Date E Cha ter Findings Site Notice Review Committee Comment Period c General Plan Amendment Major r - - R F PH 300' Yes - CA. Govt. Minor c - - R F PH 300' Yes - Code Zoning Map Amendments Major r - - R F PH 300' Yes - 19.152.020 Minor c - - R F PH 300' Yes - 19.152.020 Zoning Text Amendments - - R F PH 300' - - 19.152.030 Specific Plans - - R F PH 300' - - 20.04.030 Development Agreements - - R F PH 300' Yes - 19.144.120 Development Permits Major L H - - F/ R AI/ F PM 300' Yes 2 years Minor c F - Al A PM 300' Yes 2 years 19.156.050 Conditional Use Permits Major E,H,I F - Al /F /R Al /A /F PH 300' Yes 2 years 19.156.050 Minor G F - Al /F /R AI /A /F PH 300' Yes 2 years Temporary F - Al A - None No 1 ear 19.160.030 Density Bonus (Residential) R F Based on concurrent application 19.52 Adult- Oriented Commercial Activity (CUP) - R F PH 300' Yes 2 years 19.128.030 & 19.128.040 Architectural and Site Approval Major J F - Al A PM Adjacent Yes 2 years 19.168.030 Minor K F - Al A PM Adjacent Yes 2 years Amendment Major $ H - - F Al PM /PH 300' Yes 2 years 19.44, Minor c F - Al A PM /PH 300' Yes 2 years 19.156, -153- 369 Type of Permit or Decision A, B Administrative Design Review Planning Commission Cit � Council Public Hearin Public Meetin Noticing Radius D Posted Ex iration p Date E Cha ter Findings Site Notice Review Committee Comment Period 19.164 Minor Modification F - AI A - None No 2 years 19.164 Hillside Exception/ Height Exception / Heart of the City Exception I - - F Al PH 300' Yes 2 years 19.40.080, 19.24.070, 19.136.090 Variance F - Al A- PH 300' Yes 2 years 19.156.060 Status of non-conforming Use - - F Al PH 300' Yes - 19.140.110 Wireless Antennas I F - F/ AI A Varies I 300' Yes 2 years 19.136.090 Signs Permits F - AI A - None No 1 year 19.104 Neon, Reader board & Freeway Oriented Signs I F F Al i PM 300' No 1 ear y 19.104 Programs F - AI A - None No 1 year 19.104 Exceptions I - F - AI L PM Adjacent Yes 1 year 19.104.290 Parking Exceptions I F F AI AI L /A Varies M Adja0cent/ Yes 1 year 19.124.050 Fence Exceptions - F - Al L PM Adjacent Yes 1 year 19.48.060 Front Yard Interpretation F - Al A PM Adjacent Yes 1 year 19.08 R1 Ordinance Permits Two-story I F F F /Al AIL /A Varies I Adjacent I Yes I 1 year 119.28.140 Minor Residential F - Al A CP Adjacent I No I 1 year 119.28.140 Exceptions I - F - Al L PM Adjacent I Yes I 1 year 1 19.28.140 Protected Trees Tree Removal F - Al A CP Adjacent Yes 1 year 14.18.180 Heritage Tree Designation & Removal _ - F AI PM 300' Yes - 14.18 Tree Management Plan F - AI A - None No - 14.18 Retroactive Tree Removal F - AI A- - None No - 14.18 -154- 370 Type of Permit or Decision A, B Administrative Design Review Planning Commission Cit � Council Public Hearin Public Meetin Noticing Radius D Posted Ex iration p Date E Cha ter Findings Site Notice Review Committee Comment Period c Reasonable Accommodation I F - Al I A - None No 1 year 19.52.050 Extensions 0 Parking, Fence & Sign Exceptions & Front Yard Interpretations F - Al A2 - None No 1 year Neon, Reader board & Freeway Oriented Signs F Al A- - None No 1 year Two Story Permits, Minor Residential Permits and Exceptions F Al A- - None No 1 year Tree Removals F - Al A- - - No 1 year All other projects F - Al A - None No 2 years 19.12 Key: R— Review and recommendation body F — Final decision - making body unless appealed Al — Appeal Body on first appeal A — Appeal body on second appeal PH - Public Hearing PM - Public Meeting CP - Comment Period 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. -155- 371 D. Noticing Radius of an application in a combined application shall correspond to the maximum noticing radius required for any one of the applications. E. Expiration date of an application in a combined application shall correspond to the maximum expiration date allowed for any one of the development applications (not including Subdivision Map Act applications, General Plan Amendments and Zoning Map or Text Amendments.) F. Major General Plan Amendment, Conditional Use Permit, Development Permit application - for more than ten thousand square feet of commercial and/or industrial and/or office and/or other non - residential use, or greater than six residential units G. Minor General Plan Amendment, Conditional Use Permit, Development Permit application - for ten thousand square feet or less of commercial and/or industrial and/or office and/or other non - residential use, or six or less residential units. H. City Council review for applications with new development greater than fifty thousand square feet of commercial, and /or greater than one hundred thousand square feet of industrial and/or office and/or other non - residential use, and/or greater than fifty residential units. Planning Commission review for all other applications. I. Please see specific zoning district regulations or chapters in this title that apply to the subject property or project for approval authority. J. Major Architectural and Site Approval application - architectural and site approval for all projects that are not a Minor Architectural and Site Approval application. K. Minor Architectural and Site Approval application - single family home in a planned development zoning district, minor building architectural modifications, landscaping, signs and lighting for new development, redevelopment or modification in such zones where review is required and minor modifications of duplex and multi - family buildings. L. Appeals of Design Review Committee decisions shall be heard by the City Council. M. Parking Exceptions approved by the Director of Community Development need a comment period. Parking Exceptions approved by the Design Review Committee need a public meeting. N. Parking Exceptions in Single - family residential (R1) zones and Duplex (R2) zones need adjacent noticing. All other Parking Exceptions need notices within three hundred feet of the exterior boundary of the subject property. O. Application must be filed prior to expiration date of permit. Permit is extended until decision of the Approval Body on the extension. -156- 372 19.12.040 Authority of the Director of Community Development. Subject to the provisions of this chapter and general purpose and intent of this title, the authority of the Director of Community Development is as follows: A. Grant any permits which are authorized to be issued by the Director pursuant to Section 19.12.030 and any other provisions of this code; B. Grant parking exceptions for projects that are reviewed in conjunction with permits which are authorized to be issued by the Director of Community Development pursuant to Section 19.12.030; C. Grant a variance from site development regulations and parking and loading regulations (except those handicapped parking regulations mandated by State law) applicable within any zoning district established by this title; D. Grant a variance from the special conditions of approval that apply to site development and parking and loading regulations (including conditions attached to planned developments) applicable within any zoning district established by this title. E. Grant a request for reasonable accommodation made by any person with a disability, when the strict application of the provisions within residential districts acts as a barrier to fair housing opportunities, pursuant to Chapter 19.52. F. Make reasonable interpretations of the regulations and provisions of this title, and any chapter therein, consistent with the legislative intent. Persons aggrieved by an interpretation of the Director of Community Development may petition the Planning Commission in writing for review of the interpretation. G. May refer an application to another Approval Body for review, decision or recommendation. 19.12.050 Authority of the Design Review Committee. Subject to the provisions of this chapter and general purpose and intent of this title, the authority of the Design Review Committee is as follows: A. Grant any permits and exceptions which are authorized to be issued by the Design Review Committee pursuant to Section 19.12.030 and any other provisions of this code; B. Grant parking exceptions for projects that are in conjunction with permits which are authorized to be issued by the Design Review Committee pursuant to Section 19.12.030. 19.12.060 Authority of the Planning Commission. Subject to the provisions of this chapter and general purpose and intent of this title, the authority of the Planning Commission is as follows: A. Grant any permits which are authorized to be issued by the Planning Commission pursuant to Section 19.12.030 and any other provisions of this code; B. Grant parking exceptions for projects that are in conjunction with permits which are authorized to be issued by the Planning Commission pursuant to Section 19.12.030; -157- 373 C. Make recommendations to the City Council on applications in which it is a recommending body; and D. Decide on appeals of decisions pursuant to Section 19.12.030. 19.12.070 Authority of the City Council. Subject to the provisions of this chapter and general purpose and intent of this title, the authority of the City Council is as follows: A. Grant any permits which are authorized to be issued by the City Council pursuant to Section 19.12.030 and any other provisions of the code; B. Decide on appeals of decisions pursuant to Section 19.12.030. 19.12.080 Application Process The following provisions outline the requirements for the filing of applications for permits, entitlements, amendments, and approvals. Unless otherwise specified in this title, all applications for permits, entitlements, amendments and approvals required by this title shall be filed in compliance with this section. Applications for permits, permit modifications, amendments and other matters pertaining to this Chapter shall be filed with the Director of Community Development with the following: A. An application for permit may be made by the owner of record, his or her agent, lessee(s) of property, or person(s) who have contracted to purchase or lease property contingent upon their ability to acquire the necessary permit under this title and who have written authorization from the property owner to make an application. B. Application shall be made on a form provided by the City, and shall contain the following, unless waived by the Director of Community Development based on the scope of the proposed project: 1. A complete legal description of the subject property and map showing the location of the property for which the permit is sought; 2. A preliminary title report of the subject property; 3. The proposed site development plan indicating: the location of all buildings and structures; the location and types of land uses; paved areas, such as roadways, driveways and walkways; and general landscaping scheme; 4. Architectural drawings of the proposed development, building additions or other structures. Drawings shall indicate building height, colors, materials, window treatment and other architectural features; 5. Maps showing the locations of buildings; 6. Renderings showing building heights and square footages; 7. Maps showing the precise location of roads, streets, alleys and access points; 8. A traffic analysis, if required; 9. A construction plan, -158- 374 10. Any property/ development with a Homeowner's Association (HOA) or Architectural Review Board (ARB) shall provide a letter of approval from said HOA Board or ARB. 11. The Director of Community Development may reasonably require additional information which is pertinent and essential to the application. 12. Zoning Map or Text Amendments shall also include information required per Chapter 19.152. a. Zoning applications for Planned Development Zoning Districts shall also include information required per Section 19.80.040; b.Zoning applications for Multi- Family (R3) Residential shall also include information required per Section 19.36.040; and c. Zoning applications for Residential Single - family Cluster (R1C) initiated by a property owner, or his or her designee, shall also include items identified in Section 19.44.050H. 13. Planned Development Permit and Development Permit applications shall also include information required per Section 19.156.010: 14. Conditional Use Permits and Variances shall also include information required per Section 19.156.020. 15. Density Bonus Permit applications shall also include information required per Section 19.56.060. 16. Conversion of Apartment Projects to Common Interest Developments applications shall also include information required per Section 19.116.050. 17. Sign Permit Applications should also include information required per Section 19.104.040. C. Application shall be accompanied by the fee prescribed by City Council resolution, no part of which shall be returnable to the applicant. 19.12.090 Action by Director. Upon receipt of an application for a permit, the Director of Community Development shall: A. Within thirty days determine whether the application is complete or needs additional information and shall inform the applicant. B. Not later than a period stipulated in Section 19.12.100, Decision, below: 1. Set a date for a public hearing or public meeting upon the matter at a regular or special meeting of the approval authority for the project for applications that require a public hearing or public meeting, or 2. Send notice in accord with the requirements of 19.12.110(D) for applications that do not need a public hearing or public meeting. -159- 375 19.12.100 Decision Unless postponed or continued with the mutual consent of the Director of Community Development and the applicant and written confirmation from the applicant, a decision shall be rendered: 1. No later than sixty (60) days following the date the application is deemed complete and either categorically exempt under the California Environmental Quality Act (CEQA) or the adoption of a negative declaration or one hundred and eighty (180) days of certification of an Environmental Impact Report (EIR). 2. Notwithstanding the above, no later than one hundred and fifty (150) days upon receipt of a complete application for a new personal wireless communication facility or ninety (90) days upon receipt of an application for collocation of a personal wireless communication facility/ antennas. 19.12.110 Noticing. A. Notice of Public Hearing: Noticing shall be provided in the following manner for applications that need a public hearing: 1. Notice of hearing shall be given by publication once in a local newspaper of general circulation not less than ten days prior to the date of the hearing as provided in Section 65090 of the California Government Code; 2. The City shall mail written notice by first class mail to: a. Each owner of record of real property within the noticing radius per Section 19.12.030 of the exterior boundary of the property for which the application is made as the owner of record is shown in the last tax assessment roll pursuant to Section 65091 of the California Government Code; b. Owner(s) of subject site or his or her authorized agent c. Project applicant(s) d. Local agencies expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the proposed project; e. Any individual or entity that has filed a written request with the City Clerk requesting notification of public hearings 3. If the number of owners to whom notice would be mailed or delivered pursuant to subsection A2 above is greater than one thousand, in lieu of mailed or delivered notice, the Director may provide published notice as provided in Government Code Section 65091(3). 4. The notice shall contain the following: a. The exact address of the property, if known, or the location of the property, if the exact address is not known; b. The date on which action on the application will be taken; c. A brief description, the content of which shall be in the sole discretion of the City, of the proposed project; d. Reference to the application on file for particulars; -160- 376 e. A statement that any interested person, or agent thereof, may contact the city for additional information and/or plans. Typographical and /or publishing errors shall not invalidate the notice nor any City action related to the notice. B. Notice of Public Hearing for Zoning Text Amendments: 1. For amendments to zoning regulations: Notice of such hearing (publication) shall be given in the manner prescribed in Section 19.12.110 A(1) of this chapter. 2. For amendments to permitted uses of real property: Notice (mailing or publication) shall be given pursuant to Sections 19.12.110 A(2) or A(3), as the case may be. C. Notice of Public Meeting: For projects requiring notice of a public meeting, notice shall be mailed in accord with 19.12.110A(2) or A(3), as the case may be, at least ten days prior to the date of the meeting date. D. Notice of Comment Period: For projects requiring notice of a comment period, notice shall be mailed in accord with 19.12.110A(2) and A(5), fourteen calendar days prior to the date of action on the application. 1. For permits issued pursuant to Chapter 19.28, Single Family Residential, the mailed notice shall include a copy of the site plan and elevation plans of the proposed project. 2. For permits issued pursuant to Chapter 14.18, Protected Trees, the mailed notice shall include a copy of the site plan and tree replacement/ mitigation plan. E. The City may also give notice of public hearings /public meetings in any other manner it deems necessary or desirable. If the Director of Community Development believes the project may have impacts beyond the range of the mailed notice, particularly on nearby residential areas, the Director, in his or her discretion, may expand noticing beyond the stated requirements in Section 19.12.030. Compliance with the procedures set forth in this section shall constitute a good -faith effort to provide notice, and the failure to provide notice, and the failure of any to receive notice, shall not prevent the City from proceeding with a hearing, meeting or from taking any action nor affect the validity of any action. F. Posted Site Notice: 3. Applicants shall install notice(s) on the subject site that is/ are clearly visible from the street in accord with the requirements of Table 19.12.030. a. Applicants must install a public notice in the front yard of the subject site. b. For all applications other than Two Story Permits, Residential Design Review and Tree Removal applications in R1 or R2 zones, if the subject site has more than one property line abutting a street, the applicant may be required to install more than one notice. 4. The notice shall be a weatherproof sign, at least 2 feet tall and 3 feet wide, firmly attached to a 5 foot tall post. 5. The notice shall be placed at least 14 days prior to the decision/ public hearing and shall remain in place until an action has been taken on the application and the appeal period has passed. -161- 377 6. The notice shall contain the following: a. The exact address of the property, if known, or the location of the property, if the address is not known; b. A brief description of the proposed project, the content of which shall be at the sole discretion of the City; c. City contact information for public inquiries; d. A deadline for the submission of public comments; e. If proposing a physical alteration to an existing building or new buildings, at least one of the following visual representations of the proposed project: i. A color perspective drawing or three - dimensional (3 -D) photographic simulation of the proposed project, in a size deemed appropriate by the Director of Community Development. 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 hange in the physical appearance of the property. 19.12.120 Action by Director of Community Development — Administrative. A. For applications requiring Administrative approval with a public meeting, public hearing or comment period, the Director of Community Development or his or her designee may, subject to the requirements of Section 19.12.100, Decision,: 1. Issue his or her decision at the conclusion of the public meeting, public hearing or comment period; 2. Continue the item for additional public hearings, public meetings or comment period; or 3. Defer action by taking the item under advisement and issuing the decision no later than thirty (30) days following the public meeting, public hearing or comment period. No additional noticing is required if a project is continued. B. For applications where a public meeting or public hearing is required to be held before the Director of Community Development, the meeting shall be held in the same manner as a Design Review Committee meeting. 19.12.130 Action by Design Review Committee and Planning Commission. A. For applications where the Design Review Committee or Planning Commission is the Approval Body, it shall render a decision, which is supported by the evidence contained in the application or presented at the meeting, at the meeting, or at a subsequent meeting after conclusion of the public hearing or public meeting, subject to the requirements of Section 19.12.100, Decision. B. For zoning map amendments, on the basis of evidence and testimony presented to the Planning Commission at the public hearing, the Planning Commission may determine that the public interest will be served, either by revising the area being considered for reclassification to include properties not originally part of the application, or by giving consideration to district -162- 378 classifications not originally requested by the application. The Planning Commission may, solely at its option, consider additional properties or district classifications, or both. C. For applications requiring City Council approval, the reviewing body shall forward its written findings, determinations and recommendation to the City Council for final action, subject to the requirements of Section 19.12.100, Decision. 19.12.140 Action by City Council. A. Upon receipt of a recommendation of the reviewing body, the City Council may by resolution approve, modify, or disapprove the recommendation of the reviewing body, subject to the requirements of Section 19.12.100, Decision. B. Upon final approval of a zoning or prezoning application, the City Council shall enact an ordinance zoning or prezoning the subject property or properties, incorporating within the ordinance: 1. A Conceptual development plan, if required, and 2. Conditions of approval. C. For a Development Agreement, the City Council shall enact an ordinance that shall refer to and incorporate the text of the Development Agreement by reference. D. For applications requiring City Council approval, the City Council shall issue its decision at the conclusion of the public hearing or public meeting. 19.12.150 Notice of Decision and Reports. A. Notice of decision: 1. The decision for applications approved with a public meeting or public hearing shall be mailed to the property owner and applicant at the address shown on the application. 2. The decision for applications approved with a notice period shall be mailed to the property owner and the applicant at the address shown on the application and any person who has commented on the proposed project within the notice period. 3. The decision shall contain the following: a. Applicable findings; b. Any reasonable conditions or restrictions deemed necessary to secure the purpose of this title and to assure operation of the development and /or use in a manner compatible with existing and potential uses on adjoining properties and in the general vicinity; and c. Reporting/ monitoring requirements deemed necessary to mitigate any impacts and protect the health, safety and welfare of the city. 4. The decision of the Director of Community Development, Design Review Committee or Planning Commission shall be final unless appealed in accord with Section 19.12.170, Appeals. A decision of the City Council shall be final. B. Reports: The Director of Community Development shall endeavor to forward reports, within five calendar days from the date of the decision, to the: 1. Planning Commission and the City Council of a decision by the Director of Community Development -163- 379 2. Planning Commission and the City Council of a decision by the Design Review Committee. 3. City Council of a decision by the Planning Commission. 19.12.160 Effective date. A. A permit approved by the City Council shall take effect ten days following the date that the findings are adopted. B. Specific Plans, General Plan Amendments, Zoning Ordinance /Map Amendments, and Development Agreements shall become effective thirty (30) days following the final date of action (e.g., adoption) by the City Council. C. All other permits shall take effect fourteen calendar days following the date that the findings are adopted by the appropriate Approval Body, unless an appeal is filed as provided in Section 19.12.170. 19.12.170 Appeals A. An appeal may be filed by any person, firm or corporation aggrieved or affected by any grant, denial, modification or revocation of any permit, or any determination or interpretation related to any provision of this title. B. Filing: 1. An appeal shall be in writing on forms prescribed by the City and shall be filed during regular office hours with the City Clerk within fourteen calendar days after the mailing of notice of the City decision or if a notice of decision is not required, from the date of the decision or determination, under this title. An appeal not filed within such time shall be barred. The appeal shall state the grounds and basis thereof. 2. Appeals under this chapter are subject to an appeal fee as prescribed by resolution of the City Council. C. Noticing: Notice of hearing shall be given in the same manner in which the original notice was given. If a project with no noticing is appealed, appropriate noticing shall be determined by the Director of Community Development. D. Appeal hearing body shall be determined in accord with Section 19.12.030, Approval Authority. E. Decision of the appeal hearing body: The decision or determination of the appeal hearing body on any appeal shall be final and effective immediately. F. Notice of Decision: Notice of the appeal hearing body's decision shall be mailed to the original applicant, to the person filing the appeal, and to any other person who has filed a written request with the City Clerk. 19.12.180 Expiration, Extension and Revocation. A. Expiration. 1. Approval on a permit or variance shall become null and void and of no effect, within the time frame specified in Section 19.12.030 following its issuance, unless a shorter or longer time period is specifically prescribed in the conditions of permit or variance, unless: -164- 380 a. A building permit is filed and accepted by the City (fees paid and control number issued.) In the event that a building permit expires for any reason, the permit shall become null and void. b. The permit or variance has been used A permit or variance shall be deemed to be "used" when actual substantial and continuous activity has taken place upon the land subject to the permit or variance or, in the event of the erection or modification of a structure or structures, when sufficient building activity has occurred and continues to occur in a diligent manner. 2. Notwithstanding subsection 1 of this section, if the use for which a conditional use permit was granted and utilized has ceased or has been suspended for one year or more, the permit becomes null and void. 3. Unless a variance or exception has expired pursuant to subsection 1 of this section, it shall continue to exist for the life of the existing structure or such structure as may be constructed pursuant to the approval unless a different time period is specified in its issuance. A variance or exception from the parking and loading regulations, and a sign exception shall be valid only during the period of continuous operations of the use and /or structure for which the variance or exception was issued. B. Extensions. A permit or variance may, in accord with Section 19.12.030, Approval Authority, be extended for the time frame specified in Section 19.12.030, upon timely submittal of an application with the Director of Community Development prior to expiration. C. 1. Revocation. In any case where, in the judgment of the Director, substantial evidence indicates that the conditions of a permit or variance have not been implemented, or where the permit or variance is being conducted in a manner detrimental to the public health, safety, and welfare, the Director shall set a date for a public hearing before the decision maker granting the original permit or variance, and notice a public hearing in accordance with Section 19.12.110, Noticing, of this code. 2. Findings: A permit may be revoked or modified if any one of the following findings can be made: i. That the permit was obtained by misrepresentation or fraud; ii. That the improvement, use or activity authorized in compliance with the permit had ceased or was suspended for one year or more; iii. That one or more of the conditions of the permit have not been met; or iv. That the owner or occupant of the property is conducting the use or any associated or other use of the property in violation of the law. V. In the case of revocation of a sign permit, the sign was abandoned for a period of thirty days. -165- 381 CHAPTER 19.16: DESIGNATIONS AND ESTABLISHMENT OF DISTRICTS Section 19.16.010 Zoning Districts Designated. 19.16.020 References to Districts. 19.16.030 Zoning Map and District Boundaries. 19.16.040 Areas Not Shown on Zoning Map. 19.16.050 Use and Interpretation of Zoning Map. 19.16.060 Application of Regulation to Sites Divided by Zone Boundaries. 19.16.010 Zoning Districts Designated. The several classes of general districts into which the City is divided are designated as follows: Zoning Map Designation and District Name Chapter Number A Agricultural Zone 19.16 A -1 Agricultural-Residential Zone 19.20 R -1 Single-Family Residential Zone 19.28 R -2 Residential Duplex District 19.32 R -3 Multi-Family Residential Zone 19.36 RHS Residential Hillside District 19.40 R1C Residential Single-Family Cluster Zone 19.44 P Planned Development Zone 19.48 CG General Commercial Zone 19.56 ML Light Industrial Zone 19.60 BA Public Building Zone 19.64 T Transportation Zone 19.64 BQ Quasi Public Building Zone 19.64 FP Private Recreation District 19.68 O -A Administrative and Professional Office District 19.76 (Ord. 1601, Exh. A (part), 1992) 19.16.020 References to Districts. Reference within the title to residential districts generally and as a grouping, includes all districts identified in the section. Where references are made to more restrictive or less restrictive residential districts, such references shall apply sequentially between the most restrictive and the least restrictive. Residential District Restrictive Reference Most Restrictive RHS R1C -166- Y, R -1 R -2 R -3 Least Restrictive (Ord. 1601, Exh. A (part), 1992) 19.16.030 Zoning Map and District Boundaries. A. The boundaries of districts established by this title shall be shown upon the zoning map. The zoning map, and all amendments, changes, and extensions thereof, and all legends, symbols, notations, references, and other matters shown thereon shall be a part of this title. B. The zoning map, as currently effective, and a record of all amendments, changes and extensions thereof, shall be maintained as a public record in the office of the Director of Community Development. C. The boundaries of each district as shown upon the zoning map, or amendments thereto, are adopted by the ordinance codified in this title, and the specific regulations established by this title for each general district and all other regulations applicable therein as set forth in this title are established and declared to be in effect upon all lands included within the boundaries of each and every district as shown upon the zoning map. (Ord. 1601, Exh. A (part), 1992) 19.16.040 Areas Not Shown on Zoning Map. All lands now or hereafter included within the incorporated territory of the City, which are not included within a general district shown on the zoning map of the City or are not shown as prezoned to a general district in accord with applicable provisions of this title, shall constitute R -1 single - family residence districts. (Ord. 1601, Exh. A (part), 1992) 19.16.050 Use and Interpretation of Zoning Map. The following rules shall apply in the determination of the boundaries of any district shown on the zoning map: A. Where boundaries are indicated as approximately following street and alley lines, or other identifiable boundary lines, such lines shall be construed to be the district boundary. Where such boundaries are indicated as within street or alley lines, or within identifiable rights -of -way or creeks, the centerline thereof shall be the district boundary. B. In unsubdivided property, and where a district boundary divides a lot, the location of the district boundary, unless the same is indicated by dimensions, shall be determined by use of the scale appearing on the zoning map. -167- 383 C. A symbol, or symbols, indicating the classification of property on a zoning map shall in each instance apply to the whole of the area within the district boundaries. D. Where a public street, alley or right -of -way is officially vacated or abandoned, the regulations applicable to this abutting property shall apply equally to each half of such vacated or abandoned street, alley or right -of -way. E. Should any uncertainty remain as to the location or meaning of a boundary or other feature indicated upon a zoning map, said location or meaning shall be determined by the Director of Community Development. (Ord. 1601, Exh. A (part), 1992) 19.16.060 Application of Regulation to Sites Divided by Zone Boundaries. Whenever it is found, pursuant to Section 19.28.050, that a lot or site is divided by a boundary between districts, the provisions of the zoning regulations applicable within each district shall apply to each portion of this site situated in a separate district. (Ord. 1601, Exh. A (part), 1992) ., CHAPTER 19.20 - PERMITTED, CONDITIONAL AND EXCLUDED USES IN AGRICULTURAL AND RESIDENTIAL ZONES Section 19.20.010 Applicability of Regulations 19.20.020 Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones 19.20.010 Applicability of Regulations No building or structure or land shall be used in an A, A -1, R -1, RHS, R1C, R -2, or R -3 zoning district, otherwise than in conformance with the provisions of this chapter. 19.20.020 - Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones Table 19.20.020 sets forth the Permitted, Conditional and Excluded Uses in Agricultural and Residential zones Table 19.20.020 - Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones Zoning Districts Uses A A -1 R -1 RHS R1C R -2 R -3 1. Agriculture, horticulture, viticulture and forestry, including the following P P - - - - and similar uses: a. Field and truck crops, including drying and storage, P P - - - - - b. Orchards and vineyards, including bottling and storage, P P - - - - - c. Tree farms, botanical conservatories and arboreta, P P - - - - - d. Barns and sheds, P P - - - - - Keeping of draft animals, animals providing products used on the P P e property, and household pets, - - - - f Livestock ranches and dairy farms depending mainly on grazing on P CUP - the property, PC g. Processing of dairy products produced on the property, P CUP - h. Poultry raising and hatcheries, P CUP - PC i. Apiaries, P CUP - PC j. Nurseries, greenhouses and landscaping gardens, P CU P - U PC Wr Zoning Districts Uses A A -1 R -1 RHS R1C R -2 R- k. Boarding kennels, CUP - CUP - - - PC PC 1. Animal breeding; P CUP - - Admin. 2. Fur farms _ CUP - - _ PC 3. Retail sale of wine, fruit or berries produced on the property; CUP- CUP- _ _ _ CC CC 4. Single - family dwelling unit with not more than one dwelling unit per P P P P P - - lot/ defined airs 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 CUP - Planning Commission determines that the structure or structures will not - - PC result in privacy impacts, shadowing, or intrusive noise, odor, or other adverse impacts to the surrounding area; 6. Residences of farm workers and their families whose primary employment is incidental and necessary to agricultural operations P P conducted on the same parcel of land on which such residences are located; 7. Two-family use under one ownership; - - - - - P - 8. A second dwelling unit which conforms to the procedures, standards and requirements of Chapter 19.64 except for a second dwelling unit requiring P P P P - - - a conditional use permit; 9. Second dwelling units which require a conditional use permit pursuant to CUP - CUP - Chapter 19.84; _ _ Admin. Admin. 10. Multiple-family residential dwellings - - - - - - P 11. Accessory facilities and uses customarily incidental to permitted uses and P P P P - P P otherwise conforming with the provisions of Chapter 19.80 of this title; 12. Utility facilities essential to provision of utility services to the CUP - neighborhood but excluding business offices, construction or storage - - P - - P CC y ards, maintenance facilities, or corporation yards; 13. Temporary buildings for construction purposes (including trailers) for a - _ P period not to exceed the duration of such construction; 14. Riding academies, commercial stables, and the boarding of horses; CUP- CUP - CC CC a. . Zoning Districts Uses A A -1 R -1 RHS R1C R -2 R- 15. Noncommercial stables, and the keeping of riding horses; the number of horses on each lot at any time shall be limited to three except that P P - - - - - additional foals may be retained for a period of six months; 16. Noncommercial stables for riding horses in excess of the number CUP - CUP - permitted by #16 above of this chapter; PC PC 17. Home occupations, when accessory to permitted use and otherwise conforming to the provisions of Chapter 19.120 of this title and subject to P P P P P P P any conditional use permit requirements of that chapter; 18. Home occupations requiring a conditional use permit pursuant to Chapter CUP - CUP - CUP - CUP - CUP - CUP - 19.92 of this title; Admin. Admin. Admin. Admin. _ Admin. Admin. 19. Small-family day care home per dwelling unit; P P P P P P P 20. Large - family day care home per dwelling unit, which meets the parking criteria contained in Chapter 19.124, and which is at least three hundred feet from any other large - family day care home. The Director of _ P P P - P - Community Development or his or her designee shall administratively approve large day care homes to ensure compliance with the parking and proximity requirements; 21. Large - family day care home, which otherwise does not meet the criteria for a permitted use. The conditional use permit shall be processed as CUP - CUP - CUP - CUP - CUP - provided by Section 1597.46 (3) of the State of California Health and Safety _ Admin. Admin. Admin. _ Admin. Admin. Code; 22. Child day care facilities _ _ _ _ _ - CUP - PC 23. Residential care facility that is licensed by the appropriate State, County agency or department with six or less residents, not including the P P P P P P P provider, provider family or staff; 24. Residential care facility, in each dwelling unit, that is not required to CUP - CUP - CUP - CUP - CUP - CUP - CUP - obtain a license by the State, County agency or department and has six or PC PC PC PC PC PC PC less residents, not including the provider, provider family or staff; 25. Residential care facility, in each dwelling unit, that has the appropriate State, County agency or department license and seven or greater residents, CUP - CUP - CUP - CUP - CUP - CUP - CUP - not including the provider, provider family or staff, is a minimum PC PC PC PC PC PC PC distance of five hundred feet from the property boundary of another residential care facility; ti: Zoning Districts Uses A A -1 R -1 RHS R1C R -2 R -3 26. Residential care facility, in each dwelling unit, that is not required to obtain a license by the State, County agency or department and has seven CUP - CUP - CUP - CUP - CUP - CUP - CUP - or greater residents, not including the provider, provider family or staff, is a minimum distance of five hundred feet from the property boundary of PC PC PC PC PC PC PC another residential care facility; 27. Residential care homes in each dwelling unit _ _ _ _ _ CUP - _ PC 28. Congregate residence, in each dwelling unit, with ten or less residents; P P P P P P P 29. Congregate residence, in each dwelling unit, with eleven or more residents which is a minimum distance of one thousand feet from the CUP - CUP - CUP - CUP - CUP - CUP - CUP - boundary of another congregate residence and has a minimum of seventy- PC PC PC PC PC PC PC five square feet of usable rear yard area per occupant. 30. Group home with six or fewer persons with continuous twenty four hour P P P P P P P care 31. Group home with greater than six persons; - _ CUP- PC 32. Transitional and supportive housing. P P P P P P P 33. Horticulture, gardening and growing of food products. - - P - - - - 34. Horticulture, gardening, and growing of food products for consumption by occupants of the site and limited to a maximum of ten percent of the lot - - - - - - P area. 35. Crop, tree or horticultural farming for personal use. Produce grown on the site may be sold if the business activity is conducted in a manner - - - P - - - consistent with the home occupation ordinance; 36. Crop, tree or horticultural farming for commercial purposes; - - _ CUP - Admi 37. Limited commercial recreation uses, such as riding clubs and related CUP - stables and trails, golf courses, swimming and picnic grounds, _ _ _ PC 38. Golf courses and driving ranges; CUP - CUP - CC CC 39. Commercial swimming pools and picnic areas; CUP - CUP - CC CC 40. Temporary uses subject to regulations established by Chapter 19.124 CUP - CUP - CUP - CUP - _ CUP - CUP - Admin. Admin. Admin. Admin. Admin. Admin. I .I. 1• • Zoning Districts Uses A A -1 R -1 RHS R1C R -2 R -3 41. Buildings or structures which incorporate solar design features that require variation from setbacks upon a determination by the Director that CUP - CUP - CUP - the design feature, or features, will not result in privacy impacts, Admin. Admin. _ Admin. shadowing, or intrusive noise, odor, or other adverse impacts to the surrounding area. 42. Transmission lines, transformer stations, television and radio towers, and CUP - CUP - other public utility and communication structures; PC PC 43. The keeping of a maximum of four adult (over 4 months of age) household pets per dwelling unit, provided that no more than two adult - - P - - P P dogs or cats may be kept on the site; 44. The keeping of one litter of dogs or cats up to four months of age. - - I' - P P P 45. Household pets limited to one animal per three thousand square feet of lot area, except: _ _ _ P t a. Adult dogs are limited to a maximum of two for lots less than one acre and four for lots greater than one acre, b. The number of geese, ducks, chickens, rabbits and other farm animals are not limited on a site greater than one acre, 46. Small household pets - - - P t - - - 47. Large animals, such as horses, cows, sheep, and goats, limited as follows, provided no animals are kept, maintained and raised for commercial purposes: Two large animals for the first 40,000 square feet of land area, except a ' mules and donkeys which require 80,000 square feet for the first animal, - - - P t - - - b. One additional large animal for each 20,000 square feet of land area, One additional large animal if said animal is raised for a 4H project, a c. project sponsored by a recognized agricultural organization or a school project, 48. The keeping of any animal not otherwise permitted above: #46, 47 and 48 - _ _ CUP - _ Admin. 49. Cemeteries, crematoriums, mausolea, and columbariums CUP - CUP - CC CC 50. Mines, quarries and gravel pits; CUP - CUP - CC CC 51. Guest ranches; CUP- CUP - CC CC Im"�'•� Zoning Districts Uses A A -1 R -1 RHS R1C R -2 R -3 52. Public and quasi - public buildings and uses. CUP - CUP - CC CC 53. Hog farms; Ex Ex - - - - - 54. Cattle farms mainly depending upon feed brought onto the property; Ex Ex - - - - - 55. Slaughterhouses, fertilizer yards, feed yards, boneyards or plants for the reduction of animal matter; Ex Ex - - - - - 56. Commercial feed sales; Ex Ex - - - - - 57. Other semiagricultural uses mainly depending upon raw materials, semifinished products, or feed brought on to the property; Ex Ex - - - - - 58. Other agricultural uses which, in the opinion of the Director of Community Development, create a private or public nuisance. Ex Ex - - - - - Key: P - Permitted Use - - Not Allowed CUP - Admin. - Conditional Use Permit issued by the Director of Community Development CUP - PC - Conditional Use Permit issued by the Planning Commission CUP - CC - Conditional Use Permit issued by the City Council * May be permitted in locations where the use is compatible with existing and planned uses within the development area in the opinion of the Director of Community Development, 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 W=1 CHAPTER 19.24: AGRICULTURAL (A) AND AGRICULTURAL - RESIDENTIAL (A -1) ZONES Section 19.24.010 Purpose. 19.24.020 Applicability of Regulations. 19.24.030 Permitted, Conditional and Excluded Uses. 19.24.040 Site Development Regulations. 19.24.050 Building Developmetn Regulations. 19.24.010 Purpose. Agricultural (A) zones are intended to preserve agriculture or forestry activities in areas suited to that purpose, and to include therein incidental residential development of a rural character. Agricultural - residential (A -1) zones are intended to preserve agriculture or forestry activities in areas suited to that purpose, and to include therein residential development of a semi -rural character. (Ord. 2056, (part), 2010; Ord. 1601, Exh. A (part), 1992) 19.24.020 Applicability of Regulations. A. No building or structure or land shall be hereafter erected, structurally altered, or enlarged in an agricultural (A) zone or agricultural - residential (A -1) zone, otherwise than in conformance with the provisions of this chapter. B. Notwithstanding the above, request for reasonable accommodation may be made by any person with a disability, when the strict application of the provisions in this chapter, act as a barrier to fair housing opportunities, pursuant to Chapter 19.50. (Ord. 1601, Exh. A (part), 1992) 19.24.030 Permitted, Conditional and Excluded Uses. Permitted, Conditional and Excluded Uses that may be conducted from property zoned agricultural (A) or agricultural - residential (A -1), are identified in Section 19.20.020, Permitted, Conditional and Excluded Uses in Agricultural and Residential Zoning Districts. 19.24.040 Site Development Regulations. A. Lot Area Zoning Designations. Minimum lot area shall correspond to the number (multiplied by one thousand square feet) following the A zoning symbol. Examples: Zoning Symbol Number Minimum Lot Area Square Feet A/ Al 215 215,000 A 400 400,000 -175- 391 Al 43 43,000 B. Minimum Lot Area: C. Required Lot Shape. Each lot in an A zoning district shall have such shape that a square with a side of two hundred feet can be inscribed in this lot. 19.24.050 Building Development Regulations. Table 19.24.050 sets forth the regulations for building development in Agricultural (A) and Agricultural - Residential (A -1) Zoning Districts Table 19.24.050: Building Development Regulations. Agricultural (A) Zones Agricultural - Residential (A -1) Zones 1.Minimum Lot 215,000 square feet (with or 215,000 square feet (with no size without incidental residential use) incidental residential use) 45% 43,000 square feet per dwelling unit. Dwelling units in farm labor 2.Incidental camps for temporary laborers, and second dwelling units shall not residential use be counted for the purpose of determining required lot area under ii. Side -yard this section. C. Required Lot Shape. Each lot in an A zoning district shall have such shape that a square with a side of two hundred feet can be inscribed in this lot. 19.24.050 Building Development Regulations. Table 19.24.050 sets forth the regulations for building development in Agricultural (A) and Agricultural - Residential (A -1) Zoning Districts Table 19.24.050: Building Development Regulations. -176- 392 Agricultural (A) Agricultural - Residential (A -1) A. Lot Coverage, Floor Area Ratio and Building Setbacks 1. Lot Coverage 40% of net lot area 40% of net lot area 2. Floor Area Ratio - 45% 3.Minimum Setbacks a. First Floor: i. Front -yard 30 feet 30 feet ii. Side -yard 20 feet 20 feet iii. Rear -yard 25 feet 20 feet b. Second Floor: i. Front -yard 30 feet 30 feet ii. Side -yard 20 feet 20 feet iii. Rear -yard 25 feet 25 feet c. Second-story Decks and Patios: i. Front -yard 22 feet 17 feet ii. Side -yard 20 feet 20 feet iii. Rear -yard 25 feet 25 feet B. Height of Principal Buildin s and Structures 1.Maximum Height * 28 feet 2. Zoning districts with "i" suffix Limited to one story (not to exceed 18 feet) 3. Exception for Hillside Areas Planning Commission may approve heights greater than 28 feet upon making all the following findings: a. The subject property is in a hillside area and has an average slope of ten percent or greater; b. Topographical features of the subject property make an exception to -176- 392 Notes: * - Fireplace chimneys, antennae, or other appurtenances are excluded from the restriction. ** - Pertains to all buildings in a designated area as prescribed by the City Council by affixing the designation "i" to the zoning district symbol. -177- 393 Agricultural (A) I Agricultural - Residential (A -1) the standard height restrictions necessary or desirable; c. In no case, shall the maximum height exceed thirty -five feet for a principal structure or twenty feet for an accessory structure; d. In no case, shall the maximum height of a structure located on a prominent ridgeline, as defined by Section 19.40.050(G) relating to RHS zoning districts, on or above the four - hundred- fifty -foot contour, exceed twenty feet. C. Permitted Yard Encroachments 1. Extension of a Legal a. Where a building legally constructed according to existing yard and Non - conforming Wall setback regulations at the time of construction encroaches upon present Plane required first floor setbacks, one encroaching side of the existing structure may be extended along existing building lines. b. Only one such extension shall be permitted for the life of the building. c. Encroachments into a required yard which are the result of the granting of a variance may not be further extended. d. Further encroachment into a required setback is not allowed. Le., a non - conforming setback may not be further reduced. d. In no case shall any wall plane of a first -story addition be placed closer than three feet to any property line. 2. Architectural Features e not exceeding three feet. Consolidation and Readability � ereof, whether a portion of a principal or accessory structure, may extend closer than three feet to any property line. As allowed by Chapter 19.100, Accessory Buildings/ Structures D. Accessory Structures (including attached patio covers The setback and height restrictions provided in this chapter may be E. Solar Design varied for a structure utilized for passive or active solar purposes, provided that no such structure shall infringe upon so Clarification adjoining property owners. Variation from the setbac restrictions of this chapter may be allowed only upon issuance of a Administrative Conditional Use Permit subject to Chapter 19.12. Notes: * - Fireplace chimneys, antennae, or other appurtenances are excluded from the restriction. ** - Pertains to all buildings in a designated area as prescribed by the City Council by affixing the designation "i" to the zoning district symbol. -177- 393 CHAPTER 19.28: SINGLE - FAMILY RESIDENTIAL (111) ZONES Section 19.28.010 Purposes. 19.28.020 Applicability of Regulations. 19.28.030 Permitted, Conditional and Excluded Uses. 19.28.040 Permits Required for Development. 19.28.050 Zoning Districts Established. 19.28.060 Site Development Regulations. 19.28.070 Building Development Regulations. 19.28.080 Eichler (R1 -e) Building Design Requirements. 19.28.090 Development Regulations - (R1 -a). 19.28.100 Permitted Yard Encroachments. 19.28.110 Single- Family Residential Design Guidelines and Principles 19.28.120 Landscape Requirements. 19.28.130 Exceptions. 19.28.140 Findings. 19.28.010 Purposes. R -1 single- family residence districts are intended to create, preserve and enhance areas suitable for detached dwellings in order to: A. Enhance the identity of residential neighborhoods; B. Ensure provision of light, air and a reasonable level of privacy to individual residential parcels; C. Ensure a reasonable level of compatibility in scale of structures within residential neighborhoods; D. Reinforce the predominantly low- intensity setting in the community. (Ord. 2039, (part), 2009; Ord. 1954, (part), 2005; Ord. 1868, (part), 2001; Ord. 1860, §1 (part), 2000; Ord. 1834, (part), 1999; Ord. 1601, Exh. A (part), 1992) 178 394 19.28.020 Applicability of Regulations. A. No building, structure or land shall be used, and no building or structure shall be hereafter erected, structurally altered or enlarged in an R -1 single - family residence district other than in conformance with the provisions of this chapter and other applicable provisions of this title. B. Reasonable Accommodation: Notwithstanding 19.28.020(A) above, a request for reasonable accommodation may be made by any person with a disability, when the strict application of the provisions in this chapter, acts as a barrier to fair housing opportunities, pursuant to Chapter 19.52. (Ord. 2039, (part), 2009; Ord. 1954, (part), 2005; Ord. 1860, §1 (part), 2000; Ord. 1834, (part), 1999; Ord. 1601, Exh. A (part), 1992) 19.28.030 Permitted, Conditional and Excluded Uses. Permitted, Conditional and Excluded Uses that may be conducted from property zoned Single Family Residential (R1), are identified in Section 19.20.020, Permitted, Conditional and Excluded Uses in Agricultural and Residential Zoning Districts. 19.28.040 Permits Required for Development. Table 19.28.040 sets forth the planning permits required for development in the Single-Family Residential district. Planning permit required Approval Type of Project prior to building permit authority application A. None One -story project that does not require exception or variance from the requirements of this ordinance B. Minor Residential Permit, 1. One -story encroachment into a required rear yard setback, subject to requirements of pursuant to Chapter 19.12, Section 19.28.070 2. One -story extension of an existing side yard nonconforming building wall line, subject Administration to requirements of Section 19.28.100 in all districts except R1 -a 3. One -story project with a gable end of a roof enclosing an attic space projecting outside Admire. the building envelope, subject to requirements of Section 19.28.070 or 19.28.080 4. New or expanded second story deck or balcony with views into neighboring residential side or rear yards in all districts except R1 -a 5. Any active or passive solar structure that requires variation from the setback or height restrictions of this chapter, provided that provided that no such structure shall infringe upon solar easements or adjoining property owners 6. One or two -story addition or new home on a sloped single - family residential lot with development on building pads/ graded areas with actual slopes equal to or greater 179 395 Planning permit required Approval Type of Project prior to building permit authority application than 20% and with total floor area ratio of all structures on the lot greater than 35% C. Director's Minor Encroachment of porch elements into the required front yard setback in the R1 -a zone, Modification, pursuant to subject to the requirements of Section 19.28.100. Chapter 19.12, Administration D. Two -Story Permit, pursuant Two -story addition or new two -story home in all districts that do not require Residential to Chapter 19.12, Design Review per Section 19.28.040 (E) except in an R1 -a zone. Administration E. Residential Design Review, Two -story addition or new two -story home in all districts except R1 -a where: pursuant to Chapter 19.12, 1. Second floor to first floor area ratio is greater than 66 %, except any second to first floor Administration Admin. with ratio for development on building pads/ graded areas with actual slopes equal to or design review greater than 20 %; and /or 2. Where second story side yard setback(s) are less than 15 feet to any interior side property line DRC with Two -story addition, new two -story home, and /or second story deck in the R1 -a zone design review F. Exception, pursuant to One or two -story project requesting an exception from Sections 19.28.070 [Development Chapter 19.12, DRC Regulations (Building)], 19.28.080 [Eichler R1 -e Building Design Requirements], and/or Administration & Section 19.28.110 [Landscape Requirements]. 19.28.130, Exceptions G. Hillside Exception, pursuant Development (area greater than 500 square feet) on slopes greater than 30% to Chapter 19.12, Administration H. Architectural and Site One or two -story addition or new home on a sloped single - family residential lot with Approval, pursuant to PC development on building pads / graded areas with actual slopes equal to or greater than Chapters 19.12, 20% and where the cut plus fill of the site exceeds 2,500 cubic yards Administration L Conditional Use Permit, Two -story addition or new two -story home in an R1 zoning district with an "i" suffix pursuant to Chapters 19.12, Administration 'Zrl�N 19.28.050 Zoning Districts Established. Table 19.28.050 sets forth the zoning districts established. Zoning Designation Zoning Definition R1 -X Single Family Residential District- Minimum lot area corresponds to the number (X), multiplied by 1,000 square feet R1 -Xi Single Family Residential District Restricted to One Story (not to exceed 18 feet high)- [minimum lot area corresponds to the number (X), multiplied by 1,000 square feet preceding the'i symbol] R1 -6e Single Family Residential Eichler District (6,000 minimum lot area) R1 -a Single Family Residential District with Semi -Rural Characteristics (10,000 square foot minimum lot area) 19.28.060 Site Development Regulations. Table 19.28.060 sets forth the rules and regulations for site development in the Single- Family Residential District. :IU R1 -5 111 -6, 7.5, 8, 10, 20, etc., and R1 -6e R1 -a A. Minimum net lot 5,000 square feet the number multiplied by 1,000 10,000 square feet area 1 square feet B. Minimum lot 50 feet 60 feet 75 feet width (at the front setback line C. Landscaping See Chapter 14.15, Landscape Ordinance Landscaping plans are required for all additions or new homes. The purpose of the landscaping is to beautify the property and to achieve partial screening of building forms from the street and adjacent properties. Generally, the landscaping may include shrubbery, hedges, trees, or lattice with vines on fences. D. Development prop osed on building ads /graded area with slopes equal to or greater than 20% 1. Total site 2,500 cubic yards maximum. Projects that exceed the maximum quantity shall require Architectural and Site grading (cut plus Approval per Section 19.28.040 (H). fill) 2,3 2. Fences See Chapter 19.48, Fence Ordinance E. Development Limited to 500 square feet. Development greater than 500 square feet shall be subject to a Hillside Exception b :IU Notes: 1 Lots, which contain less area than required by its zoning designation, but not less than 5,000 square feet, may nevertheless be used as building sites, provided that all other applicable requirements of this title are fulfilled. 2 Maximum grading quantity includes grading for the building pad, yard areas, driveway, and all other areas requiring grading, but does not include basements. The graded area shall be limited to the building pad area to the greatest extent possible. Grading quantities for multiple driveways are divided equally among the participating lots, e.g. two lots sharing a driveway will divide the driveway grading quantity in half. The divided share will be charged against the grading quantity allowed for that lot development. 3 All cut and fill areas shall be rounded to follow the natural contours and planted with landscaping that meets the following requirements: i. A landscape plan shall be prepared that addresses measures to prevent soil erosion and to screen cut and fill slopes. ii. A tree planting plan shall be prepared for the site which will screen grading areas, and residential structures, to the greatest possible extent, as well as to reintroduce trees on barren slopes which were denuded by prior agricultural activities. iii. Landscape improvements shall meet the requirements as established in the Landscape Ordinance, Chapter 14.15. iv. Landscape improvements shall be installed prior to final occupancy unless such installation is impracticable, in which case, the applicant shall post a bond, cash, or other security to ensure installation within an 18 -month period from occupancy. All such landscape areas shall be properly maintained. 19.28.070 Building Development Regulations. Table 19.28.070 sets forth the rules and regulations for principal building development on properties zoned R1 -5, 6, 7.5, 8, 10, 20 etc., and R1 -6e in the Single - Family Residential District. R1 -5 I R1 -6, 7.5, 8, 10, 20, etc., and R1 -6e I R1 -a (structures, the Planning Commission in accordance with section 19.40.140 of the RHS Ordinance. improvements, or grading) on actual B. Maximum floor area ratio slopes >_ 30% C. Maximum second to first floor ratio Notes: 1 Lots, which contain less area than required by its zoning designation, but not less than 5,000 square feet, may nevertheless be used as building sites, provided that all other applicable requirements of this title are fulfilled. 2 Maximum grading quantity includes grading for the building pad, yard areas, driveway, and all other areas requiring grading, but does not include basements. The graded area shall be limited to the building pad area to the greatest extent possible. Grading quantities for multiple driveways are divided equally among the participating lots, e.g. two lots sharing a driveway will divide the driveway grading quantity in half. The divided share will be charged against the grading quantity allowed for that lot development. 3 All cut and fill areas shall be rounded to follow the natural contours and planted with landscaping that meets the following requirements: i. A landscape plan shall be prepared that addresses measures to prevent soil erosion and to screen cut and fill slopes. ii. A tree planting plan shall be prepared for the site which will screen grading areas, and residential structures, to the greatest possible extent, as well as to reintroduce trees on barren slopes which were denuded by prior agricultural activities. iii. Landscape improvements shall meet the requirements as established in the Landscape Ordinance, Chapter 14.15. iv. Landscape improvements shall be installed prior to final occupancy unless such installation is impracticable, in which case, the applicant shall post a bond, cash, or other security to ensure installation within an 18 -month period from occupancy. All such landscape areas shall be properly maintained. 19.28.070 Building Development Regulations. Table 19.28.070 sets forth the rules and regulations for principal building development on properties zoned R1 -5, 6, 7.5, 8, 10, 20 etc., and R1 -6e in the Single - Family Residential District. KU II 111 -5 1 RI-6,7.5,8,10,20, etc., and R1 -6e A. Maximum lot coverage 1.45% of the net lot area a. An additional 5% is allowed for roof overhangs, patios, porches, and other similar features not enclosed on by walls on at least three (3) sides B. Maximum floor area ratio 1. 45% of the net lot area C. Maximum second to first floor ratio 1. No limit a. See Sections 19.28.040 (D) and (E)(1) for permitting requirements. Homes subject to design review shall comply with the design review principles in KU II SOW R1 -5 I RI-6,7.5,8,10,20, etc., and R1 -6e Section 19.28.110 (C). D. Interior areas (measured from the floor 1. Floor area shall be double- counted as follows: to the top of roof rafters) with heights > a. For one -story homes, the floor area shall be double- counted as first floor area. 16 feet b. For two -story homes, the floor area shall be counted once each for first floor and second floor area E. Minimum first floor setbacks 1. Front yard a. Minimum setback 20 feet b. Side entering garage with curved 15 feet. No more than two (2) 15 -foot setbacks shall occur side by side. drivewa c. Three -car garage For projects with three -car garages oriented to the public right of way, the wall plane of the third space shall be setback a minimum of two (2) feet from the wall plane of the other two (2) spaces. 2. Side yard - For lots that have more than two side yards, the setback shall be consistent for all side yards between the front property line and rear property line a. Interior lot 5 feet 15 feet combined (no side yard setback shall be less than 5 feet) on both sides b. Corner lot i. Interior Side 5 feet ii. Street Side 12 feet 3. Rear yard a. 20 feet i. May be reduced to 10 feet, with a Minor Residential Permit, subject to Chapter 19.12, if, after the reduction, the useable rear yard area is not less than 20 times the lot width as measured from the front setback line. F. Minimum second floor setbacks 1. Front yard 25 feet 2. Side yard a. Interior Lot 25 feet combined (no side yard setback shall be less than 10 feet) i. See Section 19.28.040 (E)(2) for permitting requirements. Homes subject to design review shall comply with the design review principles in Section 19.28.110 (C). SOW %1li 111 -5 1 RI-6,7.5,8,10,20, etc., and R1 -6e b. Corner lot 25 feet combined side yard setback (no side yard setback shall be less than 10 feet) i. Interior Side 10 feet but not less than 20 feet from the rear property line of an adjacent single family dwelling i. See Section 19.28.040 (E)(2) for permitting requirements. Homes subject to design review shall comply with the design review principles in Section 19.28.110 (C). ii. Street Side 12 feet c. Flag lot 20 feet from any property line 3. Rear yard 25 feet G. Minimum setbacks for second story decks, patios, balconies, or any other similarly unenclosed features. All new or expanded second story decks with views into neighboring residential side or rear yards shall file for a Minor Residential Permit in accordance with Chapter 19.12, in order to protect the privacy of adjoining properties. The goal of this permit requirement is not to require complete visual protection but to address privacy protection to the greatest extent while still allowing the construction and use of an outdoor deck. 1. Front yard 20 feet (may encroach up to 3 feet into the required front yard setback) 2. Side yard 15 feet 3. Rear yard 20 feet H. Corner triangle No portion of a structure shall be located within a corner triangle I. Basements 1. Number, size, and volume of lightwells Shall be the minimum required by the California Building Code for egress, light, and ventilation, except that in the case of a single -story house with a basement, one li htwell may be up to 10 feet wide and 10 feet long. 2. Minimum setback for li htwell retaining wall a. Side yard 5 feet b. Rear yard 10 feet 3. Lightwell railings Maximum height of 3 feet. The fence shall be located immediately adjacent to the li htwell 4. Lightwell screening Lightwells that are visible from a public street shall be screened by landscaping. 5. Root barrier measures The perimeter of the basement and all lightwell retaining walls shall be treated and/or reinforced with the most effective root barrier measures as determined by the Director of Community Development. J. Maximum height 1. Total principal building height 28 feet, no more than two stories %1li Note: ' Pertains to all buildings in a designated area limited to one story in height (not exceeding 18 feet) as prescribed by the City Council by affixing the designation "i" to the zoning district symbol. 19.28.080 Eichler (R1 -e) Building Design Requirements. R1 -e single- family residential "Eichler districts" protect a consistent architectural form through the establishment of district site development regulations. Nothing in these regulations is intended to preclude a harmonious two -story home or second story addition. The following building design requirements shall be met for development in the R1 -e district: A. Entry features facing the street shall be integrated with the roofline of the house. B. The maximum roof slope is 3:12 (rise over run). C. Wood or other siding material located on walls facing a public street (not including the garage door) shall incorporate vertical grooves, up to 6 inches apart. D. The building design shall incorporate straight architectural lines, rather than curved lines. E. The first floor shall be no more than 12 inches above the existing grade. 111 -5 1 RI-6,7.5,8,10,20, etc., and R1 -6e 2. Zoning Districts with "i" suffix' Limited to one story (not to exceed 18 feet) 3. First floor building envelope a. The maximum exterior wall height and building height on single -story structures and single -story sections of two -story structures must fit into the building envelope defined by: i. A 10 foot high vertical line from natural grade measured at the property line; and ii. A 25 degree roof line angle projected inward at the 10 foot high line referenced above; b. Notwithstanding the building envelope, a gable end of a roof enclosing an attic space may have a maximum wall height of 17 feet to the peak of the roof as measured from natural grade, or up to 20 feet with a Minor Residential Permit, per section 19.28.140. 4. Entry feature height 14 feet from natural grade to top of plate K. Solar Design The setback and height restrictions provided in this chapter may be varied for a structure utilized for passive or active solar purposes, provided that no such structure shall infringe upon solar easements or adjoining property owners. Variation from the setback or height restrictions of this chapter may be allowed only upon issuance of a Minor Residential Permit subject to Chapter 19.12. Note: ' Pertains to all buildings in a designated area limited to one story in height (not exceeding 18 feet) as prescribed by the City Council by affixing the designation "i" to the zoning district symbol. 19.28.080 Eichler (R1 -e) Building Design Requirements. R1 -e single- family residential "Eichler districts" protect a consistent architectural form through the establishment of district site development regulations. Nothing in these regulations is intended to preclude a harmonious two -story home or second story addition. The following building design requirements shall be met for development in the R1 -e district: A. Entry features facing the street shall be integrated with the roofline of the house. B. The maximum roof slope is 3:12 (rise over run). C. Wood or other siding material located on walls facing a public street (not including the garage door) shall incorporate vertical grooves, up to 6 inches apart. D. The building design shall incorporate straight architectural lines, rather than curved lines. E. The first floor shall be no more than 12 inches above the existing grade. F. Exterior walls located adjacent to side yards shall not exceed 9 feet in height measured from the top of the floor to the top of the wall plate. 19.28.090 Development Regulations- (R1 -a). R1 -a districts are intended to reinforce the semi -rural setting in neighborhoods with large lots. Variation from the R1 -a regulations shall require a Variance pursuant to Chapter 19.124 of the Cupertino Municipal Code in the R1 -a district. Table 19.28.090 sets forth the rules and regulations for building development in the R1 -a district. R1 -a A. Maximum lot coverage Refer to Section 19.28.070 (A) B. Maximum total floor area ratio Refer to Section 19.28.070 (B) C. Maximum second to first floor area ratio 1.40% of the existing or proposed first floor area, except as follows: a. A second floor may be at least 750 square feet in area b. In no case shall a second floor be more than 1,000 square feet in area D. Interior areas (measured from the floor to the top of roof rafters) with heights > 16 feet Refer to Section 19.28.070 (D) E. Minimum setbacks measured from pro line First floor Second floor 1. Front yard a. Minimum setback 30 feet 30 feet b. Side entering garage with curved drivewa Refer to Section 19.28.070 (E)(1)(b) - 2. Side Yard a. Interior lot 10 feet both sides 35 feet combined (no side yard setback shall be less than 15 feet) b. Corner lot 25 feet combined side yard setback i. Interior side 10 feet 15 feet and must not be less than 20 feet from the rear property line of an adjacent single family dwelling ii. Street side Refer to Section 19.28.070 (E)(2)(b)(ii) Refer to Section 19.28.070 (F)(2)(b)(ii) c. Flag lot - 20 feet from any property line 3. Rear yard 20 feet 40 feet F. Second story design regulations 1. Second to first floor wall plane The second story shall not cantilever over a first story wall plane. 2. Front - facing wall plane(s) The front -facie wall plane(s) of the second story must be offset a minimum of 3 R1 -a feet from the first story wall plane(s). The intent of this regulation is to avoid a two story wall plane on the front elevation. G. Front Yard Paving 1. No more than 50% of the front yard setback area may be covered with a combination of impervious or semi - pervious surfaces. 2. No more than 40% of the front yard setback area may be covered with an impervious surface such as concrete or asphalt. H. Corner triangle Refer to Section 19.28.070 (H) I. Basements 1. Number, size, and volume of lightwells Refer to Section 19.28.070 (I)(1) 2. Minimum setbacks for li htwell retaining walls a. Side Yard Refer to Section 19.28.070 (I)(2)(a) b. Rear yard Refer to Section 19.28.070 (I)(2)(b) 3. Lightwell railings Refer to Section 19.28.070 (I)(3) 4. Lightwell screening Refer to Section 19.28.070 (I)(4) 5. Root barrier measures Refer to Section 19.28.070 (I)(5) J. Maximum height 1. Total principal building height Refer to Section 19.28.070 (J)(1) 2. First floor building envelope a. The maximum exterior wall height and building height on single -story structures and single -story sections of two -story structures must fit into the building envelope defined by: i. A 12 foot high vertical line from natural grade and located 10 feet from property lines; and ii. A 25 degree roof line angle projected inward at the 12 foot high line referenced above 3. Entry feature height See Single-Family Residential Design Guidelines, Section 19.28.110 (A)(6) K. Minimum setbacks for second story decks, patios, balconies, or any other similarly unenclosed features. Second story decks may only be located on the front and rear of the house. All new or expanded second story decks with views into neighboring residential side or rear yards shall file for a Minor Residential Permit in accordance with Chapter 19.12, in order to protect the privacy of adjoining properties. The goal of this permit requirement is not to require complete visual protection but to address privacy protection to the greatest extent while still allowing the construction and use of an outdoor deck. 1. Front of house a. Minimum setback to front property 30 feet line b. Minimum setback to side property line 35 feet combined (no side yard setback shall be less than 15 feet) 2. Rear of house 19.28.100 Permitted Yard Encroachments. Table 19.28.100 sets forth the rules and regulations for permitted yard encroachments in the Single- Family Residential district. Permitted Yard Encroachments R1 -a a. Minimum setback to rear property line 40 feet b. Minimum setback to side property line 35 feet combined (no side yard setback shall be less than 15 feet) L. Solar Design Refer to Section 19.28.070 (K) 19.28.100 Permitted Yard Encroachments. Table 19.28.100 sets forth the rules and regulations for permitted yard encroachments in the Single- Family Residential district. Permitted Yard Encroachments A. Extension of a legal 1. Where a building legally constructed according to existing yard and setback regulations at the time non - conforming wall of construction, encroaches upon present required yards and setbacks, one encroaching side yard line setback may be extended along its existing building lines if the addition receives a Minor Residential Permit' and conforms to the following: a. The extension or addition may not further encroach into any required setback and the height of the existing non - conforming wall and the extended wall may not be increased. b. The maximum length of the extension is 15 feet.' c. The extension of any wall plane of a first -story addition is not permitted to be within 3 feet of any property line. d. Only one such extension is permitted for the life of such building. 2. This section applies to the first story only and shall not be construed to allow the further extension of an encroachment by any building, which is the result of the granting of a variance or exception, either before or after such property become part of the City. 3. This section does not apply to attached accessory structures such as attached carports. B. Architectural Features 1. May extend into a required yard a distance not exceeding 3 feet. (not including patio 2. No architectural feature, or combination thereof, whether a portion of a principal or accessory covers) structure, may extend closer than 3 feet to any property line. A. Porch post in the R1 -a Posts for porches are allowed to encroach 2 feet into the required front setback See section 19.28.040 zone for permit requirements. B. Low, open fencing for Allowed to encroach 2 feet into the required front setback area. See section 19.28.040 for permit porches in the R1 -a requirements. zone C. Porch platform and May encroach 5 feet into the required front setback See section 19.28.040 for permit requirements. roof overhang in the R1 -a zone D. Accessory Structures As allowed by Chapter 19.80, Accessory Structures (including attached p atio covers) Notes: 1 Does not apply in the R1 -a zone 2 Only applies to properties in the R1 -a zone 19.28.110 Single - Family Residential Design Guidelines and Principles. Any new single - family residential house or addition to an existing house shall be generally consistent with the adopted single - family residential guidelines in Sections 19.28.110 (A) and (B). A. Single - Family Residential Design Guidelines for all projects. 1, 2 1. There should not be a three -car wide driveway curb cut. 2. No more than 50% of the front elevation of a house should consist of garage area. a. In the R1 -a zone, the maximum width of a garage on the front elevation should be 25 feet, which will accommodate a two -car garage. Additional garage spaces should be provided through the use of a tandem garage or a detached accessory structure at the rear of the property. 3. Living area should be closer to the street, while garages should be set back more. 4. All roofs should have at least a one -foot overhang. Porches are encouraged. a. In the R1 -a zone, the following porch design guidelines apply i. When viewed from the street, a porch should appear proportionately greater in width than in height. A porch differs from an entry element, which has a proportionately greater height than its width. ii. Structural supports should be designed such that the appearance is not obtrusive or massive. iii. The use of large columns or pillars is discouraged. iv. The eave height for a front porch should not be significantly taller than the eave height of typical single -story elements in the neighborhood. v. Porch elements should have detailing that emphasizes the base and caps for posts and fence elements. In R1 -6e and R1 -a zones, entry features should not be higher than 14 feet from natural grade to plate. B. Two -Story Design Guidelines. 1, 2 1. The mass and bulk of the design should be reasonably compatible with the predominant neighborhood pattern. New construction should not be disproportionately larger than, or out of scale with, the neighborhood pattern in terms of building forms, roof pitches, eave heights, ridge heights, and entry feature heights. 2. The design should use vaulted ceilings rather than high exterior walls to achieve higher volume interior spaces. 3. Long, unarticulated, exposed second story walls should be avoided since it can increase the apparent mass of the second story. a. In the R1 -a zone, all second story wall heights greater than 6 feet, as measured from the second story finished floor, should have building wall offsets at least every 24 feet, with a minimum 4 foot depth and 10 foot width. The offsets should comprise the full height of the wall plane. -189 - 405 4. The current pattern of side setback and garage orientation in the neighborhood should be maintained. When possible, doors, windows and architectural elements should be aligned with one another vertically and horizontally and symmetrical in number, size and placement. In the R1 -a zone, windows on the side elevations should a. Be fixed and obscured to a height of 5 feet above the second floor; b. Have permanent exterior louvers to a height of 5 feet above the second floor; or c. Have sill heights of 5 feet or greater to mitigate intrusion into a neighbor's privacy. C. Residential Design Review Principles. Two -story homes subject to design review per Section 19.28.040 (E) (except in R1 -a zones) shall meet the residential design review principles below. The City of Cupertino Two -Story Design Principles are attached hereto as Appendix A and are incorporated herein by this reference. 1. An identifiable architectural style shall be provided; 2. Design features, proportions and details shall be consistent with the architectural style selected; 3. Visual relief deemed to be appropriate by the Director of Community Development shall be provided; 4. Materials shall be of high quality; 5. Ensure building mass and scale; 6. Design with architectural integrity on all sides of the structure; and 7. The design shall reflect symmetry, proportion and balance. Notes: 'Refer to the Eichler Design Handbook- Fairgrove Neighborhood for additional design guidelines in the R1 -6e zone. 2 Nonconformance with the design guidelines in the R1 -a zone shall be considered acceptable only if the applicant shows that there are no adverse impacts from the proposed project. 19.28.120 Landscape Requirements. To mitigate privacy impacts and the visual mass and bulk of new two -story homes and additions, tree and /or shrub planting is required. The intent of this section is to provide substantial screening within three years of planting. A. Applicability. These requirements shall apply to new two -story homes, second -story decks, two -story additions, modifications to the existing second -story decks and /or new windows on existing two -story homes that increase privacy impacts on neighboring residents. 1. These requirements shall not apply to: a. Skylights b. Windows with sills more than 5 feet above the finished second floor c. Obscured, non - openable windows d. Windows with permanent exterior louvers to a height of 5 feet above the second floor; e. Non - operable windows with obscure glass to a height of 5 feet above the second floor; f. Windows with a sill height of 5 feet minimum above the finished second floor; and -190- M g. When waivers have been obtained by all affected property owners B. Planting Plan. Proposals for a new two -story homes, second -story decks, two -story additions, modifications to the existing second -story decks, and /or new windows on existing two -story homes shall be accompanied by a planting plan which identifies the location, species and canopy diameter of existing and proposed trees or shrubs to meet the requirements in Section 19.28.110 (C) below. C. Planting Requirements. 1. Front yard tree planting. a. The tree shall be 24 -inch box or larger, with a minimum height of 6 feet. b. The tree shall be planted in front of new second stories in the front yard setback area. i. In the R1 -a zone, the tree shall be placed to where views from second story windows across the street are partially mitigated. c. The Director of Community Development may waive the front yard tree based on a report from an internationally- certified aborist citing conflict with existing mature tree canopies onsite or in the public right -of -way. 2. Privacy planting. a. New trees and /or shrubs are required on the applicant's property in an area bounded by a 30- degree angle on each side window jamb. i. The following is required for all side and rear yard - facing second story windows in the R1 -6e zone: • Cover windows with exterior louvers to a height of 5 feet above the second floor; or • Obscure glass to a height of 5 feet above the second floor; or • Have a window sill height of 5 feet minimum above the finished second floor b. The Planning Division shall maintain a list of allowed privacy planting trees and shrubs. The list includes allowed plant species, minimum size of trees and shrubs, expected canopy or spread size, and planting distance between trees. i. In the R1 -a zone, the minimum height of privacy trees at the time of planting shall be 12 feet. ii. In the R1 -a zone, privacy planting shall have a minimum setback from the property line equivalent to one - quarter of the spread noted on the City list. c. The trees and /or shrubs shall be planted prior to issuance of a final occupancy permit. Waivers. a. New trees and /or shrubs are not required to replace existing front or privacy trees or shrubs if an Internationally Certified Arborist or Licensed Landscape Architect verifies that the existing trees/ shrubs have the characteristics of privacy planting species, subject to approval by the Director or Community Development. b. Affected property owner(s) may choose to allow privacy planting on their own property. In such cases, the applicant must plant the privacy screening prior to issuance of a building permit. c. The privacy mitigation measures may be modified in any way with a signed waiver statement from the affected property owner. Modifications can include changes to the number of shrubs or trees, their species or location. -191- 407 4. Covenant. The property owner shall record a covenant with the Santa Clara County Recorder's Office that requires the retention of all privacy planting, or use of existing vegetation as privacy planting, prior to receiving a final building inspection from the Building Division. This regulation does not apply to situations described in subsection (C)(3)(b) of this section. 5. Maintenance. The required plants shall be maintained. Landscape planting maintenance includes irrigation, fertilization and pruning as necessary to yield a growth rate expected for a particular species. 6. Replacement. Where required planting is removed or dies it must be replaced within thirty days with privacy tree(s) of similar size as the tree(s) being replaced, unless it is determined to be infeasible by the Director of Community Development 19.28.130 Exceptions. Where results inconsistent with the purpose and intent of this chapter result from the strict application of the provisions hereof, exceptions to sections 19.28.070, 19.28.080, and 19.28.110 may be granted by the Design Review Committee. The specific procedural requirements shall follow Chapter 19.12, Administration. 19.28.140 Findings. Sections 19.28.140 (A), (B), (C), (D), and (E) set forth the findings required for a Minor Residential Permit, Two -Story Permit, Residential Design Review, and R1 Exception approval. A. Minor Residential Permit Findings. 1. The project is consistent with the Cupertino General Plan, any applicable specific plans, zoning ordinances and the purposes of this title. 2. The granting of the permit will not result in a condition that is detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety or welfare. 3. The proposed project is harmonious in scale and design with the general neighborhood. 4. Adverse visual impacts on adjoining properties have been reasonably mitigated. B. Two -Story Permit Findings. 1. The project is consistent with the Cupertino General Plan, any applicable specific plans, zoning ordinance and the purposes of this title. 2. The granting of the permit will not result in a condition that is detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety or welfare. The proposed project is harmonious in scale and design with the general neighborhood. 4. Adverse visual impacts on adjoining properties have been reasonably mitigated. -192- -0 C. Residential Design Review Findings. 1. The project is consistent with the Cupertino General Plan, any applicable specific plans, zoning ordinance and the purposes of this title. 2. The granting of the permit will not result in a condition that is detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety or welfare. 3. The project is harmonious in scale and design with the general neighborhood. 4. The project is consistent with the two -story design principles and generally consistent with the single - family residential design guidelines. 5. Adverse visual impacts on adjoining properties have been reasonably mitigated. D. Residential Design Review Findings, R1 -a zone. 1. The project is consistent with the Cupertino General Plan and Title 19 of the Cupertino Municipal Code. 2. The granting of this permit will not result in detrimental or injurious conditions to the property or improvements in the vicinity, or to the public health, safety, or welfare. 3. The project is generally compatible with the established pattern of building forms, building materials, and designs of homes in the neighborhood. 4. The project is generally compatible with the City's single - family residential design guidelines and the guidelines in this chapter and any inconsistencies have been found to not result in impacts on neighbors. 5. Significant adverse visual and privacy impacts as viewed from adjoining properties have been mitigated to the maximum extent possible. E. R1 Exception Findings. 1. The literal enforcement of this chapter will result in restrictions inconsistent with the spirit and intent of this chapter. 2. The proposed development will not be injurious to property or improvements in the area, nor be detrimental to the public safety, health and welfare. 3. The exception to be granted is one that will require the least modification of the prescribed design regulation and the minimum variance that will accomplish the purpose. 4. The proposed exception will not result in significant visual impact as viewed from abutting properties. -193- Me CHAPTER 19.32: RESIDENTIAL DUPLEX (R -2) ZONES Section 19.32.010 Purpose. 19.32.020 Applicability of Regulations. 19.32.030 Permitted, Conditional and Excluded Uses. 19.32.040 Permits Required for Development. 19.32.050 Site Development Regulations. 19.32.060 Building Development Regulations. 19.32.010 Purpose. The residential duplex zoning district is intended to allow a second dwelling unit under the same ownership as the initial dwelling unit. The residential duplex district is intended to increase the variety of housing opportunities in within the community while maintaining the existing neighborhood character. (Ord. 1601, Exh. A (part), 1992) 19.32.020 Applicability of Regulations. A. No building, structure or land shall be hereafter erected, structurally altered or enlarged in an R -2 residential duplex district other than in conformance with the provisions of this chapter and other applicable provisions of this title. B. Reasonable Accommodation: Notwithstanding 19.32.020(A) above, a request for reasonable accommodation may be made by any person with a disability, when the strict application of the provisions in this chapter, acts as a barrier to fair housing opportunities, pursuant to Chapter 19.52. (Ord. 2056, (part), 2010; Ord. 1601, Exh. A (part), 1992) 19.32.030 Permitted, Conditional and Excluded Uses. Permitted, Conditional and Excluded Uses that may be conducted from property zoned Residential Duplex (R -2), are identified in Section 19.20.020, Permitted, Conditional and Excluded Uses in Agricultural and Residential Zoning Districts. 19.32.040 Permits Required for Development. No building, structure or sign shall be erected, structurally altered, or enlarged, nor shall any landscaping or parking plan be implemented or modified in an R -2 zone, without permits pursuant to Chapter 19.12 and 19.134 of the municipal code. -194 - 410 19.32.050 Site Development Regulations. Table 19.32.050 sets forth the rules and regulations pertaining to the site development of property zoned residential duplex (R -2). Table 19.32.050: Site Development Regulations. A. Lot size: 1. Minimum lot size 8,500 square feet 2. Minimum lot size by zoning Lot area shall correspond to the number (multiplied by two district symbol: thousand square feet) following the R -2 symbol. a. Buildings Example: R2 -4.25: Minimum lot size of 8,500 square feet (4.25 * 2,000 s.f.) A. Alternative standards to 19.32.060 (A) 1. Legal non - conforming lots Existing legal lots of record must be >_ 7,500 square feet and Limited to one story (not to exceed 15 feet) and must comply with all other regulations in Chapter 19.100 fulfill all other applicable requirements of this title. 2. If 50% of more of net lot Reduction in minimum lot size of no more 5% of the net lot area is adjacent to a area is permitted curvilinear street E. B. Lot Width at building setback line 1. Minimum width 70 feet 2. Lots with 9,000 square feet 60 feet or more and which front a cul -de -sac 19.32.060 Building Development Regulations. Table 19.32.060 sets forth the rules and regulations pertaining to the development of structures on property zoned residential duplex (R -2). Table 19.32.060 Building Development Regulations. A. Maximum Lot Coverage by all permanent buildings 40% of net lot area B. Maximum Height a. Buildings Two stories, not exceeding 30 feet b. Zoning districts with "i" suffix Limited to one story (not to exceed 18 feet) c. Accessory Structures Limited to one story (not to exceed 15 feet) and must comply with all other regulations in Chapter 19.100 C. Fences Must comply with regulations in Chapter 19.48 D. Parking Must comply with regulations in Chapter 19.124 E. Minimum Setbacks First Floor Second Floor a. Front Yard i. Minimum Setback 20 feet 20 feet ii. Side entering garage with curved drivewa 15 feet 20 feet b. Side yard i. Interior side 20% of lot width measured at front At least three feet -195- 411 Notes: - Pertains to all buildings in a designated area as prescribed by the City Council by affixing the designation "i" to the zoning district symbol. -196 - 412 setback line and not less than six more than first floor feet setback ii. Street side 12 feet 15 feet c. Rear yard 20 feet or no less than 20% of the 20% of lot depth lot depth, whichever is greater. May be reduced to 10 feet provided that the required rear -yard setback area is no less than eight hundred fifty square feet or twenty times of the lot width. F. Second Story Decks and Patios Minimum Setbacks a. Front Yard - 17 feet b. Side Yard - 15 feet c. Rear Yard - 20 feet G. Permitted Encroachments into a required yard setback area a. Cornices, canopies, No more than 2 feet 6 inches No more than 2 feet 6 coves, decks (more than inches 18 inches above finished grade) and other architectural features b. Unenclosed patio covers As allowed by Chapter 19.100 in a rear -yard (Accessory Structures) Notes: - Pertains to all buildings in a designated area as prescribed by the City Council by affixing the designation "i" to the zoning district symbol. -196 - 412 CHAPTER 19.36: MULTIPLE - FAMILY RESIDENTIAL (R -3) ZONES Section 19.36.010 Purpose. 19.36.020 Applicability of Regulations. 19.36.030 Permitted, Conditional and Excluded Uses. 19.36.040 Development Plan Required. 19.36.050 Permit Required for Development. 19.36.060 Site Development Regulations. 19.36.070 Building Development Regulations. 19.36.010 Purpose. The purpose of this chapter is to provide a zoning district permitting multiple - family residential uses and to establish the regulations pertaining thereto. These regulations are intended to guide future multiple- family residential development and ensure a healthy functional environment for future residents within the proposed development and for and between adjoining parcels. (Ord. 1601, Exh. A (part), 1992) 19.36.020 Applicability of Regulations. A. No building, structure or land shall be used, and no building or structure shall be hereafter erected, structurally altered or enlarged in a multiple - family residential (R -3) zoning district, otherwise than in conformance with the provisions of this chapter and other applicable provisions of this title. B. Reasonable Accommodation: Notwithstanding 19.36.020 (A) above, a request for reasonable accommodation may be made by any person with a disability, when the strict application of the provisions in this chapter, acts as a barrier to fair housing opportunities, pursuant to Chapter 19.50. (Ord. 2056, (part), 2010; Ord. 1601, Exh. A (part), 1992) 19.36.030 Permitted, Conditional and Excluded Uses. Permitted, Conditional and Excluded Uses that may be conducted from property zoned multiple - family (R -3) residential, are identified in Section 19.20.020, Permitted, Conditional and Excluded Uses in Agricultural and Residential Zoning Districts. -197- 413 19.36.040 Development Plan Required. A. An application for development in R -3 zones, shall in addition to the information required by Chapter 19.12, Administration, be accompanied by a development plan that includes the following: 1. The architectural theme of the development, including the location of buildings on the lot, building configurations, building heights, private patio and balcony areas, fence lines, and general window locations; 2. A description of the private outdoor area for each dwelling unit and a description of the degree of visual intrusion into adjoining properties which may result upon implementation of the project. The visual analysis shall include scale cross- sections if deemed essential to interpret the degree of visual intrusion into private outdoor or indoor space; 3. A grading plan describing existing contours and finish grading in relation to proposed construction. The grading plan shall denote the location of all nonfruit trees with a trunk diameter as identified in Chapter 14.15, the Protected Tree Ordinance; 4. The location of areas proposed for vehicular circulation and for landscaping. 19.36.050 Permit Required for Development. A. No building permit may be issued for development proposal of a vacant property presently zoned multiple - family residential until a development plan is approved with a development permit B. Signs, landscaping or parking plans and minor modifications to buildings may not be erected, structurally altered, enlarged or modified without permits pursuant to Chapters 19.12 and 19.134. 19.36.060 Site Development Regulations. Table 19.36.060 sets forth the rules and regulations pertaining to the Development Regulations for the development of property zoned multiple - family residential (R -3). A. Density - Maximum number of units cannot exceed that allowed by the General Plan Number of Units Dwelling Net Lot Area Up to 3 units 9,300 square feet Over 3 2,000 additional square feet per dwelling unit B. Lot Width 70 feet at front building setback line 19.36.070 Building Development Regulations. Table 19.36.070 sets forth the rules and regulations pertaining to the development of buildings on property zoned multiple - family residential (R -3). Table 19.36.070 Building Development Regulations. .� 414 A. Maximum Lot 40% of net lot area Coverage B. Maximum Height Limited to two stories (not to exceed 30 feet) C. Setbacks First Floor Second Floor Portions of building 24 feet or higher 1.Front -yard 20 feet 20 feet 20 feet 2. Side-yard i. Interior side 6 feet 9 feet 18 feet ii. Street side 12 feet 12 feet 18 feet 3.Rear -yard 20 feet or 20% of the lot depth, 20 feet or 20% of whichever is greater. Main the lot depth, building may encroach as whichever is close as 10 feet to rear lot line greater. if a useable rear -yard setback area of not less than twenty times the width of the lot. D. Private Outdoor Approximately 20% of each 107o of each unit's gross floor area Space - Balconies unit's gross first -floor area may be provided to fulfill this standard. E. Second Story Decks and Patios 1.Front -yard - 17 feet - 2. Side -yard - 15 feet - 3.Rear -yard - 20 feet F. Corner Triangle Shall remain free and clear of all buildings or portions thereof G. Visual Privacy Minimize privacy intrusion into all or a significant portion of private Intrusion outdoor spaces, or interior spaces through the use of windowless walls, atria, enclosed courtyards, and buildings oriented to public and private streets, or other techniques which rely upon structural design rather than mitigation relying solely upon a landscaping solution. H. Fences Must comply with regulations in Chapter 19.48 I. Parking No parking shall be permitted in a setback area where the lot adjoins p roperty located in a single-family (R -1) zoning district. Must comply with regulations in Chapter 19.124 -199 - 415 CHAPTER 19.40: RESIDENTIAL HILLSIDE (RHS) ZONES' Section 19.40.010 Purpose. 19.40.020 Applicability of Regulations. 19.40.030 Permitted, Conditional and Excluded Uses. 19.40.040 Application Requirements. 19.40.050 Site Development Regulations. 19.40.060 Building Development Regulations. 19.40.070 Exception for Development of Certain Individual Hillside Lots. * Prior history: Ord. 1601. 19.40.010 Purpose. The purpose of the RHS zoning district is to regulate development consistent with the General Plan, to preserve the natural setting in the hillsides. This chapter utilizes performance standards and specific regulations to ensure that the utilization of land for residential uses is balanced with the need to conserve natural resources and protect life and property from natural hazards. Specifically, this chapter is intended to accomplish the following objectives: A. Enhance the identity of residential neighborhoods; B. Ensure the provision of light and air to individual residential parcels; C. Ensure a reasonable level of compatibility in scale of structures within residential neighborhoods; D. Maintain spatial relationship between structures and within neighborhoods; E. Reinforce the predominantly low- intensity setting of the community; F. Maintain a balance between residential development and preservation of the natural hillside setting; G. Promote compatibility of colors and materials of structures and the surrounding natural setting. (Ord. 1634, (part), 1993) 19.40.020 Applicability of Regulations. A.No building or structure or land shall be used erected, structurally altered or enlarged in a residential hillside (RHS) zone, otherwise than in conformance with the provisions of this chapter and other applicable provisions of this title. -200- 416 B. Reasonable Accommodation: Notwithstanding 19.40.020 (A) above, a request for reasonable accommodation may be made by any person with a disability, when the strict application of the provisions in this chapter, acts as a barrier to fair housing opportunities, pursuant to Chapter 19.52. (Ord. 1725, (part), 1996; Ord. 1634, (part), 1993) 19.40.030 Permitted, Conditional and Excluded Uses. Permitted, Conditional and Excluded Uses that may be conducted from property zoned residential hillside (RHS), are identified in Section 19.20.020, Permitted, Conditional and Excluded Uses in Agricultural and Residential Zoning Districts. 19.40.040 Application Requirements An application for any development of property in the RHS zoning district, in addition to the requirements of Chapter 19.12, Administration, for an exception application, shall include: A. Site Plans that show topographical information at contour intervals not to exceed 10 feet and a horizontal map scale of 1 inch = 200 feet or larger and identify all areas with slopes >_ 30% B. Identify whether the property is on a prominent ridgeline or the structure is in the 15% site line from a prominent ridge line. 19.40.050 Site Development Regulations. The following guidelines, shown in Table 19.40.050, are a compilation of policies described in the General Plan and are intended to govern the preparation of development plans in RHS zones. All provisions of this section, except subsections A, B and C, may be deviated from with a Hillside Exception in accordance with Section 19.40.040 and 19.40.070. Table 19.40.05: Site Development Regulations. A. Density 1. Dwelling Unit Density Determined by Appendix F of the General Plan based upon slope density standards described therein. Density credits derived from application of a slope density 2. Transfer of density formula to a lot or a group of lots may not be transferred to credits property outside any approved subdivision or parcel map boundary. B. Minimum Lot Area Lot area shall correspond to the number (multiplied by one thousand square feet) following the RHS zoning symbol. 1. By zoning district Examples: symbol: RHS -20: Minimum lot size of 20,000 square feet (20 * 1,000 s.f.) RHS -120: Minimum lot size of 120,000 square feet (120 * 1,000 s.f.) RHS -218: Minimum lot size of 218,000 square feet (218 * 1,000 s.f.) 2. For subdivision Minimum lot area shall be in accordance with Appendix F of the General Plan, unless clustered in accordance with Section -201- 417 -202- 18.52.030 (Hillside Subdivisions). The minimum lot area shall be 10,000 square feet for each unit in a clustered subdivision. 1. Subdividable lots Lot size zoning designation shall be assigned at time of subdivision 2. Non - subdividable Shall reflect the existing lot size legally- created, developed lots C. Minimum Lot Width a. 70 feet at front setback line. b. No minimum lot width for lots served by private driveway and which do not adjoin a public street. D. Development on A Hillside Exception shall be obtained to construct structures or Substandard Lots improvements on existing vacant legal lots. E. Site Grading a. Cumulative total of 2,500 cubic yards, cut plus fill. Includes: grading for building pad, yard areas, driveway and 1. Maximum Grading all other areas requiring grading. Quantity Excludes: basements b. All cut and fill shall be rounded to contour with natural contours and planted with landscaping which meets the requirements in Section 19.40.050G 2. Graded Area Shall be limited to the building pad area to the greatest extent possible Grading quantities shall be divided equally among the participating lots. 3. Multiple Driveways E.g., two lots sharing a driveway shall divide the driveway grading quantity in half. The divided share will be charged against the grading quantity allowed for that lot development. 4. Flat Yard Area Limited to a maximum of 2,500 square feet, excluding driveways 5. Soil Erosion and A licensed landscape architect shall review grading plans and Screening of Cut and shall, in consultation with the applicant and the City Engineer, Fill Slopes Plan submit a plan to prevent soil erosion and to screen cut and fill slopes. F. Landscaping Shall be prepared by a licensed landscape architect to: 1. Tree Planting Plan a. Screen the residential structures to the greatest possible extent b. Reintroduce trees on barren slopes which were denuded by prior agricultural activities Must comply with the Chapter 14.15, Landscaping Ordinance and 2. Landscape Requirements Wildland Urban Interface Fire Area (WUIFA) requirements 3. Installation of Must be installed prior to final occupancy unless it is not Landscape practicable. If not installed, the applicant shall post a bond, cash Improvements or other security to insure installation within an 18 month period from occupancy. 4. Landscape All such landscape areas shall be properly maintained in Maintenance conformance with the requirements of Chapter 14.15, Landscape Ordinance. -202- 5. Native Trees Should be integrated into the site design to the greatest extent possible. G. Watercourse Protection 1. Watercourse and Any watercourse identified in Figure 6 -G in the City's General Existing Riparian Plan and its existing riparian vegetation must be shown on all Vegetation development plans. The setback shall be measured from the top of bank of the watercourses or from existing riparian vegetation, whichever is 2. Setback greater. The setback from riparian vegetation will be measured from the drip line perimeter. All new development, including structures, grading and clearing, must be set back as follows. a. Lots < 1 acre 50 feet b. Lots >_ 1 acre 100 feet H. Development Near Prominent Rid elines Shall not disrupt a 15 % site line from a prominent ridge as 1. New structures identified in Appendix A. The fifteen percent site line shall be measured from the top of ridge at the closest point from the structure. 2. Additions to existing May not further encroach into the site line. structures within the For example, the addition may not add height or bulk which may 15% site line of increase the disruption to the fifteen percent ridgeline site line. p rominent rid eline 3. Impractible Clause If (1) and (2) above are not practicable, alternatives may be considered through the exception process. I. Development on Hillside Exception required for all grading, structures and other Slopes of >_ 30% development > 500 square feet. J. Trail Linkages and 1. Site plan must identify trail linkages as shown in the General Lots Adjoining Public Plan Trail Plan, on and adjacent to the site. Open Spaces Site Plan 2. If a trail linkage is identified across a property being developed, development shall not take place within that area unless approved through the exception process. 3. For lots adjoining Public Open Spaces, driveways and buildings shall be located as far as feasible from the Public Open Space and designed in a manner to minimize impacts on the Public Open Space. K. Views and Privacy It is not the responsibility of City Government to ensure the privacy protection of the building permit applicant or owners of surrounding properties that may be affected by the structure under construction. However, the Director of Community Development may confer with the building permit applicant to discuss alternate means of preventing privacy intrusion and preserving views. 19.40.060 Building Development Regulations. All provisions of this section may be deviated from upon obtaining a Hillside Exception in accordance with Section 19.40.070. -203- 419 Table 19.40.060 sets forth the rules and regulations pertaining to the development of structures on property zoned Residential Hillside (RHS). Table 19.40.060: Building Development Regulations. A. Floor Area Ratio (FAR) 1. Maximum Allowable 6,500 square feet house size 2. Unclustered Develop ment a. Lots < 10,000 square feet (net lot area) 45% of net lot area 4,500 square feet plus 59.59 square feet for every 1,000 square feet over 10,000 square feet of net lot area. Formula: b. Lots >_ 10,000 square feet (net lot area) - 10000 A = . 1000 ) (59.59) + 4,500 A = Maximum allowable house size prior to instituting the maximum 6,500 square foot building size. B = Net lot area. 3. Lots Within Clustered Subdivisions where Land is Reserved for Common Op en Space a. Lot Area for May count a proportionate share of the reserved private open calculating FAR space to arrive at lot area for purposes of calculating FAR. No developable lot in a cluster development can exceed forty - b. Maximum FAR prior five - percent floor area ratio prior to slope consideration when a to slope consideration portion of the private open space is attributed to the lot area for calculating FAR. c. Average slope of lot I Calculated on the developable lot only. 4. Slope Adjustment Criteria a. Lots with Average Allowable floor area, prior to instituting the maximum 6,500 Slope > 10% and < square foot allowable building size, shall be reduced by one and 30% one -half percent (1.5 %) for each percent of slope over 10 percent. Formula: C = A x (1 -(1.5 x (D - 0.1))) A = Maximum allowable house size based on subsection 1 above prior to instituting the maximum 6,500 square foot building size. C = Maximum allowable building for lots with greater than 10% average slope. D = Average percent slope of net lot area. b. Lots with Average Allowable floor area shall be reduced by a constant 30 percent. Slope >_ 30 % Ave. slope (D) Reduction (1.5 x (D - 0.1)) 10% or less 0% 11% 1.5% 12% 3% 13% 4.5% -204- 420 -205- 421 14% 6% 15% 7.5% 16% 9% 17% 10.5% 18% 12% 19% 13.5% 20% ❑5% 21% ❑6.5% 22% 18% 23% 19.5% 24% 21% 25% 22.5% 26% 24% 27% 25.5% 28% 27% 29% 28.5% 30% or greater 30% B. Height of Buildings and Structures Limited to 30 feet C. Setbacks First Floor Second Floor Habitable Third Floor (or portions of structures taller than 20 feet 1. Front-yard a. Slope <_ 20% 20 feet Driveway and garage must be designed to enable vehicles to park off - street 25 feet 25 feet b. Slope > 20% 10 feet 25 feet 25 feet 2. Side-yard a. Interior Side 10 feet 15 feet 20 feet b. Street Side on Corner Lot 15 feet 15 feet 20 feet 3. Rear -yard 20 feet 25 feet 25 feet D. Second Story Decks and Patios Minimum Setbacks 1. Front Yard - 17 feet 2. Side Yard - 15 feet 3. Rear Yard - 20 feet E. Downhill Facing Elevation 1. Second Story Downhill Facing Wall Plane Offset a. Offset from First Floor Downhill Wall Plane i. Average of 7 feet 6 inches for 75% of the second story downhill facing wall plane shall be setback and ii. Not less than five feet. iii. The remaining 25 % may not extend past the first story wall plane. -205- 421 b. Multiple Downhill Offset shall apply only the primary setback affected. Facing Wall Planes c. Offset from First i. Offset may be measured from the outside perimeter of first - Floor Roofed Porches story roofed porches. ii. Roof of the porch must match, in pitch and style, the roof of the main structure. iii. Porch must be at least 5 feet in width and extend the length of the wall on which it is located. 2. Maximum Wall Height on Downhill 15 feet Elevation F. Permitted Yard Encroachments 1. Extension of a Legal a. Where a building legally constructed according to existing first Non - conforming Wall floor yard and setback regulations at the time of construction Plane for structures not encroaches upon present required first floor setbacks, one located within a encroaching side of the existing structure may be extended prominent ridgeline along existing building lines. site line b. Only one such extension shall be permitted for the life of the building. c. Encroachments into a required yard which are the result of the granting of a variance may not be further extended. d. Further encroachment into a required setback is not allowed. Le., a non - conforming setback may not be further reduced. e. In no case shall any wall plane of a first -story addition be placed closer than three feet to any property line. 2. Architectural Features a. May extend into a required yard a distance not exceeding three feet. b. No architectural feature, or combination thereof, whether a portion of a principal or accessory structure, may extend closer than three feet to any property line. G. Accessory Structures As allowed by Chapter 19.120, Accessory Buildings/ Structures (including attached p atio covers) H. Design Standards 1. Building and Roof Forms a. Natural Contours Building shall follow as closely as possible the primary natural contour of the lot. b. Building Mass and The main building mass shall be on the upslope side of the Roof Pitches building and the roof pitches shall trend downslope. c. Second Story Dormers Permitted within the second story setbacks as long as they are minor in shape and size. d. Downhill Elevation of Shall have a minimum of four offset building and roof elements to main structure provide varied building forms to produce shadow patterns which reduce the impact of visual mass. e. High Wall Planes Wall planes exceeding one story or 20 feet in height, whichever is -206- 422 -207- 423 more restrictive, shall contain architectural elements in order to provide relief and to break up expansive wall planes. 2. Colors a. Natural Earth Tones All structures on the lot shall use natural earth tone and /or vegetation colors which complement the natural surroundings. Natural earth -tone and vegetation colors include natural hues of brown, green and shades of gray. b. Reflectivity Value Shall not exceed 60 on a flat surface 3. Outdoor Lighting All outdoor lighting shall be identified on the site development plan. a. Tennis Court and Other Recreational High - intensity lights not permitted. Purposes b. Motion - activated 1. Shall not exceed 100 watts and Security Lights 2. Must be shielded to avoid all off -site intrusion. c. Other lighting Must be directed to meet the particular need. I. Geologic and Soils Repo s 1. Applicability A geological report prepared by a certified engineering geologist and a soils report prepared by a registered civil engineer qualified in soils mechanics by the state shall be submitted prior to issuance of permits for construction of any building or structure which: a. Is located on property in an RHS zoning district which has been designated by the General Plan to be within a geological hazard area; and b. Where an addition, alteration or repair of an existing building or structure include at least one of the following: i. The improvements include increasing the occupancy capacity of the dwelling such as adding a bedroom or secondary unit, or ii. The cost of the completed addition, alteration or repairs will, during any period of twelve months, exceed twenty -five percent of the value of the existing improvements as determined by the building official based on current per foot value of the proposed structure to the existing structure's value on a parcel of property. For the purposes of this section, the value of existing improvements shall be deemed to be the estimated cost to rebuild the improvements in kind, which value shall be determined by the building official. 2. Content of Reports These reports shall contain, in addition to the requirements of Chapter 16.12 of this code, the following: a. All pertinent data, interpretations and evaluations, based upon the most current professionally recognized soils and geologic data; b. The significance of the interpretations and evaluations with respect to the actual development or implementation of the -207- 423 19.40.070 Exception for Development of Certain Individual Hillside Lots. A. With respect to a request for development of a legally created individual hillside lot which does not meet the development requirements contained in Sections 19.40.00(D) through (L) and 19.40.050 of this chapter, the Approval Body may grant an exception to allow development in accord with the requirements of Chapter 19.12, Administration, if: 1. The subject property cannot be merged with adjacent property pursuant to Government Code Sections 66451.10 -- 66451.21; and 1: 424 intended land use through identification of any significant geologic problems, critically expansive soils or other unstable soil conditions which if not corrected may lead to structural damage or aggravation of these geologic problems both on- and off -site; c. Recommendations for corrective measures deemed necessary to prevent or significantly mitigate potential damages to the proposed project and adjacent properties or to otherwise insure safe development of the property; d. Recommendations for additional investigations that should be made to insure safe development of the property; e. Any other information deemed appropriate by the City Engineer. 3. Incorporation of All building and site plans shall incorporate the above- described Recommendations corrective measures and must be approved by the City Engineer, prior to building permit issuance. J. Private Roads and Drive wa s 1. Pavement Width and The pavement width and design for a private road or common Design driveway serving two to five lots and a single -lot driveway shall comply with development standards contained in the Hillside Subdivision Ordinance, Chapter 18.52 of this code. 2. Reciprocal The property owner for a lot served by a private road or common Ingress/Egress driveway shall, prior to issuance of building permits, record an Easement and appropriate deed restriction guaranteeing the following, to Reciprocal adjoining property owners who utilize the private road or Maintenance common driveway for the primary access to their lot(s): Agreement a. Reciprocal ingress /egress easement, and b. Participation in a reciprocal maintenance agreement. K. Solar Design The setback and height restrictions provided in this chapter may be varied for a structure utilized for passive or active solar purposes, provided that no such structure shall infringe upon solar easements or adjoining property owners. Variation from the setback or height restrictions of this chapter may be allowed only upon issuance of an Administrative Conditional Use Permit Subject to Chapter 19.12. 19.40.070 Exception for Development of Certain Individual Hillside Lots. A. With respect to a request for development of a legally created individual hillside lot which does not meet the development requirements contained in Sections 19.40.00(D) through (L) and 19.40.050 of this chapter, the Approval Body may grant an exception to allow development in accord with the requirements of Chapter 19.12, Administration, if: 1. The subject property cannot be merged with adjacent property pursuant to Government Code Sections 66451.10 -- 66451.21; and 1: 424 2. The Approval Body, based upon substantial evidence, makes all of the findings in Section 19.40.080, Hillside Exception - Findings. 19.40.080 Hillside Exception - Findings. The Approval Body may grant a request for a Hillside Exception only if all of the following findings are made: The proposed development will not be injurious to property or improvements in the area nor be detrimental to the public health and safety. 2 The proposed development will not create a hazardous condition for pedestrian or vehicular traffic. 3 The proposed development has legal access to public streets and public services are available to serve the development. 4 The proposed development requires an exception which involves the least modification of, or deviation from, the development regulations prescribed in this chapter necessary to accomplish a reasonable use of the parcel. 5 All alternative locations for development on the parcel have been considered and have been found to create greater environmental impacts than the location of the proposed development. 6 The proposed development does not consist of structures on or near known geological or environmental hazards which have been determined by expert testimony to be unsafe or hazardous to structures or persons residing therein. (See General Plan Policies 2 -49.) 7 The proposed development includes grading and drainage plans which will ensure that erosion and scarring of the hillsides caused by necessary construction of roads, housing sites, and improvements will be minimized. (See General Plan Policies 2 -53, 2 -54 and 2 -57.) 8 The proposed development does not consist of structures which would disrupt the natural silhouette of ridgelines as viewed from established vantage points on the valley floor unless either: a. The location of a structure on a ridgeline is necessary to avoid greater negative environmental impacts; or b. The structure could not otherwise be physically located on the parcel and the size of the structure is the minimum which is necessary to allow for a reasonable use of the parcel. (See General Plan Policies 2 -46, 2 -47 and 2 -48.) 9. The proposed development consists of structures incorporating designs, colors, materials, and outdoor lighting which blend with the natural hillside environment and which -209- 425 are designed in such a manner as to reduce the effective visible mass, including building height, as much as possible without creating other negative environmental impacts. (See General Plan Policies 2 -46, 2 -50, 2 -51 and 2 -52.) 10. The proposed development is located on the parcel as far as possible from public open space preserves or parks (if visible there from), riparian corridors, and wildlife habitats unless such location will create other, more negative environmental impacts. (See General Plan Policies 2 -55, 5 -14 and 5 11. The proposed development includes a landscape plan which retains as many specimen trees as possible, which utilizes drought - tolerant native plants and ground covers consistent with nearby vegetation, and which minimizes lawn areas. (See General Plan Policies 2 -54, 5 -15 and 5 -16.) 12. The proposed development confines solid fencing to the areas near a structure rather than around the entire site. (See General Plan Policy 5 -17.) 13. The proposed development is otherwise consistent with the City's General Plan and with the purposes of this chapter as described in Section 19.40.010, Purpose. -210- MPI CHAPTER 19.44: RESIDENTIAL SINGLE - FAMILY CLUSTER (RIC) ZONES Section 19.44.010 Purpose. 19.44.020 Applicability of Regulations. 19.44.030 Characteristics of RIC Zones. 19.44.040 Permitted, Conditional and Excluded Uses. 19.44.050 Site Development Regulations. 19.44.060 Specific Development Standards. 19.44.070 Changes after Granting of a Cluster Zone. 19.44.080 Exceptions - Findings 19.44.010 Purpose. The purpose of a cluster zone is to promote neighborhood identity and enhance the quality of life for City residents by encouraging developers to use a more creative approach in land development, to provide a means for reducing the amount of street improvements and public utilities required in residential development, to conserve natural features, and to facilitate the provision of more desirable aesthetic and efficient use of open space. (Ord. 1601, Exh. A (part), 1992) 19.44.020 Applicability of Regulations. A. The requirements of this chapter, unless waived or modified in accord with Section 19.44.090, must be met with respect to all real properties intended to be developed as, or converted to, a single - family residential cluster development as described in this chapter, including the conversion of existing apartment houses to condominiums. B. No building, structure or land shall be used, and no building or structure shall be hereafter erected, structurally altered or enlarged in a residential cluster zone, otherwise than in conformance with the following provisions; C. Reasonable Accommodation: Notwithstanding the above, a request for reasonable accommodation may be made by any person with a disability, when the strict application of the provisions in this chapter, act as a barrier to fair housing opportunities, pursuant to Chapter 19.52. (Ord. 2056, (part), 2010; Ord. 1601, Exh. A (part), 1992) 19.44.030 Characteristics of RIC Zones. A. A residential single - family cluster zone is a land use designation for a single- fanuly residential use upon a parcel of real property, a portion of which consists of: -211- 427 1. An undivided interest in a common area used for open space, recreational, parking, vehicular and pedestrian circulation by residences of the parcel; 2. Separate property interests owned by each family residing on the parcel. B. The separate property interests may include: 1. Individual subparcels which comprise building areas only or building areas plus private yards or atria; or Separate property interests in space in a residential building on the parcel; or 2. Both types of separate property interests enumerated above. (Ord. 1601, Exh. A (part), 1992) 19.44.040 Permitted, Conditional and Excluded Uses. Permitted, Conditional and Excluded Uses that may be conducted from property zoned single - family cluster (R1C), are identified in Section 19.20.020, Permitted, Conditional and Excluded Uses in Agricultural and Residential Zoning Districts. 19.44.050 Site Development Regulations. Table 19.44.050 sets forth the rules and regulations pertaining to the development of property zoned single - family residential cluster (R1C). Table 19.44.050: Site Development Regulations A. Initiation of Zonin In accord with the requirements of Chapter 19.12, Administration 1. By property owner and Chapter 19.120, Amendments to the Zoning Map and Zoning Regulations and application must include a development plan as described in Section 19.44.050(H). May be initiated when it is determined that this type of zoning designation will allow development that will preserve or enhance 2. City Councilor land features and vegetation such as stream courses and groves of Planning specimen trees, historic buildings, and unique scenic vistas, and Commission will enhance older neighborhoods which have undeveloped properties which have an access problem or a parcel configuration which precludes development utilizing conventional street and lot standards. A development plan is not required. B. Densit The total number of dwelling units per gross acre shall be defined 1. Total Density by the density provisions of the current land use and housing elements of the General Plan. 2. Density Range and Where a density range is designated, the allowable number of allowable density dwelling units shall be determined based upon the following criteria: -212- -213- 429 a. The relationship of the proposed development to the development character of the immediate neighborhood; b. The impact of the proposed development on physiographic factors of the site, such as slope steepness, geologic stability, and vegetation; c. The impact of the proposed development on community, utility and social services such as sanitary sewer, storm drain, water, fire and police emergency services, and schools; d. The impact of the proposed development on the capacity of the neighborhood streets stem; e. The quality of the project design relative to building location, design, and materials and the livability of the dwelling units for its future residents. The performance standards contained within this chapter shall provide a means to measure the livability of the dwelling units; f. The relationship of the proposed development to the housing g oals contained within the housing element of the General Plan. C. Allowable Units in Areas Delineated as Hillside in General Plan Maximum number of dwelling units permitted in a cluster 1. Maximum development shall be calculated in accordance with slope- density Number of formulas and /or other mechanically or mathematically approved Dwelling Units methods to determine dwelling unit intensity as outlined by the General Plan. D. Land Area for Density Calculation The land area utilized to compute the maximum allowable number of dwelling units shall be the gross size of the property less: a. Non - street areas which have been, or will be required to be dedicated or acquired, in fee, for public purposes such as flood control and water conservation, parks, and public schools; b. Areas on the site which cannot legally or physically be utilized for building or recreations uses, e.g., areas directly underneath transmission towers or areas containing easement rights which prohibit use of the land. E. Private Outdoor Space 1. Required Shall be provided for each unit. 2. Amount of Space Shall be determined in each case by the size of the unit, type of tenure and amount of open space. The relationship between adjoining units shall be designed in such F. Visual Intrusion a manner so as to preclude visual intrusion into private outdoor y ards or interior spaces. a. If the Director of Community Development determines that an excessive external noise source shall exist in the project area, the developer shall retain an acoustical engineer to evaluate the G. Noise Impacts noise impact on the proposed residential development and develop mitigation measures. b. The construction system shall comply with applicable City ordinances relative to sound - transmission control to ensure -213- 429 19.44.060 Specific Development Standards. Table 19.44.060 sets forth the rules and regulations pertaining to the development of buildings on property zoned single - family residential cluster (R1C). Table 19.44.060 Specific Development Standards A. Minimum Development acoustical privacy between adjoining dwelling units. H. Development Plan Contents 1. Content Information required pursuant to Title 18, Subdivision. Common area that is to be maintained and controlled by the 2. Common Area owners of the property and their successors in interest, but is to be available for the recreational and leisure use of the occupants of the 2. Units adjacent to cluster development; development boundar A grading plan describing existing contours and finish grading in 3. Second Story Decks and Patios relation to the proposed building program. The plan shall contain 3. Grading Plan complete cross - sections. The grading plan shall denote the location of all native trees over four inches in diameter and the impact of the grading plan on such trees; Parcels of land intended to be dedicated or reserved for public 4. Public Areas parks, playgrounds, school sites, or otherwise dedicated or reserved to the public in general; 5. Street System A map showing the proposed system of public and private streets, including cross- sections for all types of streets; 6. Adjacent Properties A map showing the proposed system of public and private streets, and Uses including cross - sections for all types of streets; a. The architectural theme of the development and the location of buildings, building configurations, building heights, building square footages, fence lines, private patio and balcony areas, and lot lines. 7. Architecture b. A coding system shall be used to delineate unit types relative to number of stories and number of bedrooms. c. A land use distribution table shall be prepared setting forth the net property size and the land area devoted to various land use activities. 19.44.060 Specific Development Standards. Table 19.44.060 sets forth the rules and regulations pertaining to the development of buildings on property zoned single - family residential cluster (R1C). Table 19.44.060 Specific Development Standards A. Minimum Development Area for Residential No minimum. Cluster Zoning District B. Minimum Setbacks 1. Corner lot 25 feet. However, the 40 foot corner triangle shall remain free and clear of all buildings or portions thereof. 2. Units adjacent to Same setbacks as required in the adjacent zones. development boundar 3. Second Story Decks and Patios -214- 430 i. Front Yard May encroach three (3) feet into a required front yard setback ii. Side Yard 15 feet iii. Rear Yard 20 feet C. Height 1. Buildings 30 feet Shall be permitted if the Planning Commission or City Council determines that such height increase will not have an adverse 2. Increases in Height impact upon the immediately adjacent neighborhood. Generally, units immediately adjacent to the development area boundary shall not exceed the height of existing dwelling units adjacent to the development area. D. Site Design Shall be private by either orientating them in a different 1. Front Entryway direction from adjoining units, by utilization of an enclosed patio, by utilization of wing walls, by utilization of a recessed foyer, or through other design techniques. All dwelling units (and buildings containing condominium 2. Pedestrian Walks units) shall be interconnected by pedestrian walks fully separated from moving vehicles. 3. Access to Common Open Each unit shall have direct access to common open spaces. Spaces 4. Family- oriented planned Playfields shall be incorporated into common open space to residential communities accommodate group play activities. 5. Sitting Areas/ Tot lots Small sitting areas or tot lots shall be provided throughout each project to provide informal meeting space. E. Streets Pavement, curbs, gutters, storm drains, and water mains of the 1. Standards private street shall be constructed to the standards of City streets, subject to the approval of the City Engineer. 2. Modifications to May be permitted by the City Engineer when recommended by Standards a licensed engineer. 3. Minimum Width 24 feet curb to curb, with curb and gutter on both sides of the street. 4. Sidewalks Shall be a minimum of 4 feet 6 inches in width 5. Easements a. Public Service Roadways of the private street, plus a five - foot -wide strip on Easement either side of the street shall constitute a public service easement. b. Other Easements Other public service or utilities easements may be incorporated into the development plan. 6. Lighting Intensity Private streets and major walkways shall be lighted to an intensity approved by the City Engineer. 7. Type and Location of Shall be approved by the Planning Commission. Electroliers -215- 431 8. Street Names and Shall be approved by the Building Department in coordination Address Numbers With the Postmaster, the Fire Department and County Communications Office. Shall be incorporated into the project design in a manner 9. Bicycle Circulation which, to the greatest degree possible, separates bicycle System movements from motor vehicles and pedestrians. This system shall be designed to interface with the existing and planned City-wide bicycle systems. The owner of the development will be required to participate in the initiation of a City ordinance update to Chapter 11.26, to 10. Conformance with make the private streets subject to the Vehicle Code, under the Vehicle Code provisions of Section 21107.7 of the Code, the provisions of such ordinance to be subject to the approval of the enforcing agency. 11. Fire Truck Adequate turnaround space shall be provided at the termini of Turnaround I the private streets subject to the approval of the Fire District. F. Improvements and Covenants for Common Area Improvement of the common areas shall be completed by the 1. Completion/ Bonding developer and shall be subject to bonding and other procedures in the same manner as required for street improvements by Title 18, Subdivision. 2. Deeded to Homeowners The common areas shall be deeded to an association of the Association homeowners for whose benefit the common area is set aside. Shall be dedicated to the City prior to recordation of a final 3. Development Rights subdivision map to assure that the common area is available for the entire development. a. Shall be the responsibility of the homeowners association to which the common areas are deeded. b. In the event the private road, driveways, parking areas, 4. Maintenance walkways, landscaping or buildings are not maintained to applicable City standards, the City may, after notice and advertised public hearing, effect the necessary maintenance, with the cost to be alien on the property. 5. Declaration of a. Shall be reviewed by the City Attorney, prior to Covenants, Conditions recordation, to determine its compatibility with the intent and Restrictions and conditions as set forth herein. 6. Articles of Incorporation and Other Instruments Shall be subject to the review and approval of the City Related to Homeowners Attorney. Association 19.44.070 Changes after Granting of a Cluster Zone. Table 19.44.070 sets forth the regulations pertaining to changes proposed to existing developments in single - family residential cluster (R1C) zones. -216- 432 Table 19.44.070 Changes after Granting of a Cluster Zone. A. Minor Change May be approved with a building permit if the City Planner makes the (does not include following finding that: increase in 1. The changes are minor and do not affect the general appearance of number of the area or the interests of the owners of property within or dwelling units) adjoining the development area. B. Major Change Major change includes a change to the development regulations and requirements, conditions of the approved development, declaration of conditions, covenants and restrictions, and an increase in the number of dwelling units. All of the above shall be processed, in accord with the requirements of Chapter 19.12, Administration, as a development permit and/or an architectural and site approval, except an increase in the number of dwelling units which shall be processed as a zone change. 19.44.080 Exceptions- Findings. The requirements of this chapter can be waived or modified, with an Exception application, if the Planning Commission and City Council make any one of the following findings: 1. Although one or more specific standards cannot be complied with because of property size constraints, existing building morphology, topographical problems, or other conditions beyond the control of the property owner/ developer, the proposed project substantially complies with the general standards contained within this chapter; 2. That the proposal provides for low- moderate income and senior citizen housing in a manner consistent with the housing element of the General Plan. IWArA 433 CHAPTER 19.48 - FENCES Section 19.48.010 Purpose. 19.48.020 Fence Location and Height for Zones Requiring Design Review. 19.48.030 Fence Location and Height for Zones Not Requiring Design Review. 19.48.040Roadway and Driveway Gates. 19.48.050 Proximity of Plants and Fences to Public Streets. 19.48.060 Exceptions. 19.48.070 Temporary Fences for Construction. 19.48.080 Violation - Penalty. 19.48.090Prohibited Fences. * For statutory provisions making fences taller than ten feet a nuisance, see Civil Code § 841.4. Prior ordinance history: Ords. 112, 686, 852, 1179, 1630, 1637 and 1777. 19.48.010 Purpose. The purpose of this chapter is to regulate the location and height of fences and vegetation in yards of all zoning districts in order to protect the safety, privacy, and property values of residents and owners of properties within any zoning district of the city, including but not limited to residential, commercial, offices, institutional, industrial and /or agricultural properties. (Ord. 1979, (part), 2006; Ord. 1788, § 1 (part), 1998) 19.48.020 Fence Location and Height for Zones Requiring Design Review. A. The Approval Body for a proposed project shall have the authority to require, approve, or disapprove wall and fencing plans including location, height and materials in all zones requiring design review. B. The basic design review guidelines for the review of fences and walls are as follows: 1. Fences and walls separating commercial, industrial, offices, and institutional zones from residential zones shall be constructed at a height and with materials designed to: a. Acoustically isolate part of or all noise emitted by future uses within the commercial, industrial, offices, or institutional zones. The degree of acoustical isolation shall be determined during the design review process. b. Ensure visual privacy for adjoining residential dwelling units. 2. Fences and walls shall be designed in a manner to provide for sight visibility at private and public street intersections. (Ord. 1979, (part), 2006; Ord. 1844, § 1 (part), 2000; Ord. 1788, § 1 (part), 1998) -218- 434 19.48.030 Fence Location and Height for Zones Not Requiring Design Review. Table 19.48.030 sets forth the rules and regulations pertaining to fences in zones where design review is not required. -219- 435 Rear yard Side yard setback Outside Any 40 foot setback area Front yard required corner area setback area yard area triangle A. Interior 6 foot 6 foot 6 foot 3 foot - residential lot B. Corner Residential lot 1. Rear Property Line adjoins a Rear Property Line a. Interior side 6 foot 6 foot 6 foot 3 foot 3 foot b. Street side ' 6 foot and • Setback from property line: 5 feet 2. Rear Property Line adjoins Side Property Line of a Key Lot a. Interior side 6 foot b. Street side • 6 foot and • Setbacks: 6 foot o From property 6 foot 3 foot 3 foot line: 5 feet o Within 10 feet of adjacent property line: 12 feet C. In areas where a six (6) foot fence is allowed, an eight (8) foot high fence can be constructed, subject to building permit approval and upon receipt of written approval from adjacent property owners. D. If the Director of Community Development determines that a proposed fence is widely visible to public view and has the potential to create impacts on the visual character of an area (for example blocks public views from the valley floor to the hills or an open space reserve), then the proposed fence shall comply with the requirements in Sections 19.48.0301)(1)(b) & 19.48.0301)(2) of the RHS Ordinance regardless of lot size. E. Additional regulations for Residential Hillside or Open Space Zoning Districts: 1.Solid Board Fencin a. Net lot area < Shall not be limited but shall be subject to the regulations in 30,000 square feet 19.48.030(A) and (B). b. Net lot area >_ 5,000 square feet (excluding the principal building) of net lot area 30,000 square feet may be enclosed with solid board fencing subject to 19.48.030(A) and (B). 2. Open Fencing Shall be unrestricted but shall be subject to the regulations in (composed of 19.48.030(A) and (B). materials which result in a minimum of 75 % visual transparency) -219- 435 19.48.040 Roadway and Driveway Gates. Roadway and Driveway gates are allowed if they comply with the Fire Department Standard Details and Specifications for Security Gates for access roadways and driveways and the criteria in Table 19.48.040. Table 19.48.040 Roadway and Driveway Gates -220- 1.A driveway gate may be installed with a building permit if the following are met: a. Driveway gate is setback a minimum of 30 feet from the front and/or street side property lines; and b. The Fire Department approves the locking mechanism and location of the gate. A. R -1 Zoning District 2. All other property must obtain a Fence Exception and shall meet the following: a. Driveway gate shall be setback a minimum of 30 feet from the front and/or street side property lines; and b. Applicant must provide evidence that the gates are needed for demonstrated security and /or demonstrated safety reasons. Gates may be used to control access to private roads and driveway provided that the design of the gate, including B. RHS Zoning District location, dimension and the locking mechanism, are approved by the Director of Community Development after consultation with the Fire Department. Roadway and driveway gates may be approved through a fence exception if the development meets any one of the following conditions: 1. Is a mixed -use development, where the parking for different uses needs to be separated to assure availability of parking for each use 2. If a development include below -grade parking structure, C. Other Properties where the gates are required to secure the below -grade parking; 3. If the gates are required for a development to obtain federal or state funding; 4. If the development is secluded; 5. If the gates are needed for demonstrated security and/or demonstrated safety reasons; or 6. If the gates were in existence prior to September 20, 1999. D. Property located in other In addition to the requirements of Section 19.48.040C, the residentially zoned areas application shall also be subject to the requirements of 19.48.040A(2). -220- 19.48.050 Proximity of Plants and Fences to Public Streets. The proximity of plants and fences to public streets shall be controlled by the provisions of Chapter 14.08 of the Municipal Code. (Ord. 1979, (part), 2006; Ord. 1788, § 1 (part), 1998) 19.48.060 Exceptions - Findings. Where practical difficulties, unnecessary hardships, or results inconsistent with the purpose and intent of this chapter result from the strict application of the provisions hereof, exceptions may be granted as provided in Chapter 19.12, Administration, and this section for all zoning districts except the RHS Zoning District, in which case a Hillside Exception must be obtained in accord with the requirements of Section 19.40.040 and Section 19.40.070. The Approval Body may grant the exception based upon the following findings: 1. The literal enforcement of the provisions of this chapter will result in restrictions inconsistent with the spirit and intent of this chapter. 2. The granting of the exception will not result in a condition which is materially detrimental to the public health, safety or welfare. 3. The exception to be granted is one that will require the least modification of the prescribed regulation and the minimum variance that will accomplish the purpose. 4. The proposed exception will not result in a hazardous condition for pedestrian and vehicular traffic. 5. The proposed development is otherwise consistent with the city's General Plan and with the purpose of this chapter as described in Section 16.28.010. 6. The proposed development meets the requirements of the Santa Clara Fire Department and Sheriff's Department, and if security gates are proposed, that attempts are made to standardize access. 7. The fence height for the proposed residential fence is needed to ensure adequate screening and/or privacy. 19.48.070 Temporary Fences for Construction. The Chief Building Official may require persons constructing structures in the city to erect and maintain temporary fences around all or a portion of the construction site in order to secure the site from entry by the general public. (Ord. 1979, (part), 2006; Ord. 1777, (part), 1998) INRAE 437 19.48.080 Violation - Penalty. Any person who violates the provisions of this chapter shall be guilty of an infraction and upon conviction thereof shall be punished as provided in Chapter 1.12. (Ord. 1979, (part), 2006; Ord. 1788, § 1 (part), 1998) 19.48.090 Prohibited Fences. Barbed wire, razor wire, and /or electrified fencing are prohibited unless required by law or regulation of the City, State or Federal Government. (Ord. 1979, (part), 2006) -222- CHAPTER 19.52: REASONABLE ACCOMMODATION Section 19.52.010 Purpose. 19.52.020 Applicability of Regulations. 19.52.030 Application Requirements. 19.52.040 Approval Authority, Procedure and Decision. 19.52.050 Findings. 19.52.060 Appeals. 19.52.010 Purpose. This chapter provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act, the Federal Fair Housing Amendments Act of 1988, and the California Fair Employment and Housing Act (the Acts) in the application of development or land use regulations. (Ord. 2056, (part), 2010) 19.52.020 Applicability of Regulations. A request for reasonable accommodation may: A. Be made only for existing residential dwellings or second dwelling units. B. Be made by any person who is defined as disabled under the Acts, when the application of development or land use regulations act as a barrier to fair housing opportunities. C. Include a variance to the development or land use regulations that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. (Ord. 2056, (part), 2010) 19.52.030 Application Requirements. A. Application shall be made to the Director of Community Development, shall include information required per Section 19.12.080 and shall additionally contain the following: 1. Plans or descriptions of existing and proposed construction on the property involved together with a statement of the circumstances which justifies the request for reasonable accommodation; 2. Additional information, including, but not limited to: a. Why the individual is considered disabled under the Acts; -223- 439 b. The development or land use regulations from which reasonable accommodation is being requested; and c. Why the reasonable accommodation is necessary to make the specific property accessible to the individual. (Ord. 2056, (part), 2010) 19.52.040 Approval Authority, Procedure and Decision. Application shall be made and processed in accord with the requirements of Chapter 19.12, Administration. 19.52.050 Findings. A. The Approval Body may grant a request for reasonable accommodation only if all of the following findings are made: The proposed improvements are necessary to provide housing access for persons disabled under the Acts; 2. The reasonable accommodation granted is one that will accomplish the purpose with the least modification to the development or land use regulations from which reasonable accommodation is being requested; 3. The granting of the reasonable accommodation will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, and general welfare, or convenience, and to secure the purpose of the title; and 4. The requested reasonable accommodation would not impose an undue financial or administrative burden on the City. B. Conditions of Approval. In granting a request for reasonable accommodation, the Approval Body may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation complies with the findings in Section 19.50.050(A). (Ord. 2056, (part), 2010) 19.52.060 Appeals. A decision by the Approval Body regarding the request for reasonable accommodation may be appealed pursuant to Chapter 19.12, Administration. (Ord. 2056, (part), 2010) -224- 1 CHAPTER 19.56: DENSITY BONUS Section 19.56.010 Purpose. 19.56.020 Applicability. 19.56.030 Concessions. 19.56.040 General Requirements. 19.56.050 Requirements for Projects with Affordable Units. 19.56.060 Application Procedure. 19.56.010 Purpose. The density bonus ordinance codified in this chapter is intended to comply with the State Density Bonus Law, Government Code Section 65915, which provides that a local government shall grant a density bonus and an additional concession, or financially equivalent incentive(s), to a developer of a housing development agreeing to construct a specified percentage of housing for lower income households, very low income households or senior citizens. (Ord. 1569, § 1 (part), 1991) 19.56.020 Applicability of Regulations. A. All housing developments greater than five units (excluding density bonus units) are eligible for one density bonus of at least twenty -five percent, and an additional concession, to developers agreeing to construct at least: Twenty percent of the units for lower income households; or 2. Ten percent of the units for very low income households; or 3. Fifty percent of the units for senior citizens, unless prohibited by State and/or Federal law. B. If a development agrees to construct both twenty percent of the total units for lower - income households and ten percent of the total units for very low- income households, the developer remains entitled to only one density bonus and an additional concession. However, in such circumstance, the City, at its discretion, may grant more than one density bonus. C. Projects with affordable units which meet the requirements set forth in this chapter are entitled to a density bonus and additional concession, unless: 1. The City Council adopts a written finding that the additional concession is not required to make the units affordable. -225- 441 D. Nothing in this chapter limits the City's right to deny an affordable housing project if the City Council finds, based on substantial evidence, any one of the following: 1. The City has adopted an adequate housing element, and the project is not needed for the City to meet its share of the regional housing need of lower income housing. 2. The project as proposed would have a specific, adverse impact upon the public health or safety which cannot be satisfactorily mitigated without rendering it unaffordable to lower- income households. 3. The denial of the project or imposition of conditions is required in order to comply with State or Federal law and there is no feasible method to comply without rendering the development unaffordable to lower - income households. 4. Approval of the development project would increase the concentration of lower - income households in a neighborhood that already has a disproportionately high number of lower- income households. 5. The development project is proposed on land zoned for agriculture or resource preservation which is surrounded on at least two sides by land being used for agricultural or resource preservation purposes, and which does not have adequate water or wastewater facilities to serve the project. 6. The development project is inconsistent with the City's General Plan land use designation as it existed on the date the application was deemed complete, and the City has adopted a housing element pursuant to State law. E. Nothing in this chapter limits the City's right to deny a senior citizen housing project if the City finds, based on substantial evidence, that the project would have a specific, adverse impact upon the public health or safety; and there is no feasible method to satisfactorily mitigate or avoid the adverse impact identified. (Ord. 1569, § 1 (part), 1991) 19.56.030 Concessions. The State - mandated concession will be selected from the following list: A. A reduction in site development standards or a modification of the requirements of the Zoning Ordinance. For applications involving the modification of zoning or development standards, the housing developer shall show that the waiver or modification is necessary to make the housing units economically feasible. Permissible incentives include, but are not limited to: Reduction of parking requirements, -226- .., 2. Reduction of open space requirements, 3. Reduction of setback requirements, 4. Approval of mixed -use zoning in conjunction with the housing project if commercial, office, industrial or other land uses will reduce the cost of the housing development, and if the commercial, office, industrial or other land uses are compatible with the housing project and the existing planned development in the area where the proposed housing project will be located; B. Other regulatory concessions proposed by the developer or the City, which result in identifiable cost reductions. Permissible concessions include, but are not limited to: 1. Reduction of park dedication fees, 2. Reduction of application or construction permit fees, 3. Provision of tax - exempt financing or other financial assistance as approved by the City Council; C. A housing development which provides affordable units must show that the requested concessions directly affect the economic feasibility of including the affordable units in the project. (Ord. 1569, § 1 (part), 1991) 19.56.040 General Requirements. A. Affordable units must remain affordable for thirty years if both a density bonus and an additional concession are granted. These units shall remain affordable for a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. If only a density bonus is granted, the affordable units shall remain affordable for ten years. B. First priority for the affordable units will be given to individuals who reside, work, go to school, or have family in the City of Cupertino. C. A master regulatory agreement shall be made between the developer and the City which indicates the household type, number, location, size and construction scheduling of all affordable units, and such information as shall be required by the City for the purpose of determining the developer's compliance with this chapter. D. Affordable units in a project and phases of a project shall be constructed concurrently with or prior to the construction of market -rate units. E. Affordable units shall be provided as follows: 1. Affordable units shall be dispersed throughout the project; -227- 443 2. Affordable units shall be identical with the design of any market rate rental units in the project with the following exception: a. Reduction of interior amenities for affordable units will be permitted upon prior approval by the City Council as necessary to retain project afford- ability. F. For purposes of calculating a density bonus, the residential units do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the affordable units are located. G. The developer shall submit a project financial report (pro forma) to allow the City to evaluate the financial need for the State - mandated additional incentives. The City may retain a consultant to review the financial report. The cost of the consultant shall be borne by the developer with the following exception: 1. If the applicant is a nonprofit organization, the cost of the consultant may be paid by the City upon prior approval of the City Council. (Ord. 1569, § 1 (part), 1991) 19.56.050 Requirements for Projects with Affordable Units. A. All affordable units shall be occupied by the household type specified in the written agreement required under Section 19.52.120C. The developer's obligation to maintain these units as affordable housing shall be evidenced by the master regulatory agreement which shall be recorded as deed restriction running with the land. B. Those units targeted for lower - income households shall be affordable at a rent that does not exceed thirty percent of the HUD income limits for lower - income households for Santa Clara County adjusted for household size. C. Those units targeted for very low- income households shall be affordable at a rent that does not exceed twenty -five percent of the HUD income limits for very low- income households for Santa Clara County adjusted for household size. D. Prior to the rental of any affordable unit, the City or its designee, shall verify the eligibility of the prospective tenant. The owner shall obtain and maintain on file certifications by each household. Certification shall be obtained immediately prior to initial occupancy by each household and annually thereafter, in the form provided by the City or its designee. The owner shall obtain updated forms for each household on request by the City, but in no event less frequently than once a year. The owner shall maintain complete, accurate and current records pertaining to the housing development, and will permit any duly authorized representative of the City to inspect the records pertaining to the affordable units and occupants of these units. E. The City may establish fees associated with the setting up and monitoring of affordable units. -228- ... F. The owner shall submit an annual report to the City, on a form provided by the City. The report shall include for each affordable unit the rent, income, and family size of the household occupying the unit. G. The owner shall provide to the City any additional information required by the City to insure the long -term affordability of the affordable units by eligible households. (Ord. 1886, (part), 2001; Ord. 1731, (part), 1996; Ord. 1569, § 1 (part), 1991) 19.56.060 Application Requirements. A. A developer may submit to the Planning Department a preliminary proposal for the development of housing pursuant to this chapter prior to the submittal of any formal application. The City shall, within ninety days of receipt of a written proposal, notify the housing developer in writing of its local density procedures. The City shall establish procedures for waiving or modifying development and zoning standards which would otherwise inhibit the utilization of the density bonus on a particular site. These procedures shall include, but not be limited to, such items as minimum lot size, side -yard setbacks, and placement of public works improvements. The housing developer shall show that the requested waiver or modification is necessary to make the affordable units economically feasible. B. Formal application shall follow the review process as set forth for permits in Chapter 19.12, Administration of the Cupertino Municipal Code established by the City and shall provide additional information as specified in this chapter, specifically: 1. Provide a written statement specifying the desired density increase, incentive requested and the type, location, size and construction scheduling of all dwelling units; 2. Submit a project financial report (pro forma), as required; 3. Any other information requested by the Director of Community Development. (Amended during 4/ 94 supplement; Ord. 1569, § 1 (part), 1991) -229- 445 CHAPTER 19.60: GENERAL COMMERCIAL (CG) ZONES' Section 19.60.010 Purpose. 19.60.020 Applicability of Regulations. 19.60.030 Permitted, Conditional and Excluded Uses. 29.60.040Permits Required for Development. 19.60.050 Land Use Activity. 19.60.060 Development Standards * Prior history: amended during 4/ 94 supplement and by Ords. 1601, 1618, 1630 and 1637. 19.60.010 Purpose. The purpose of the general commercial zoning district is to establish regulations for retailing, offices and service establishment offering goods and services to the general public which will assure maximum compatibility with surrounding residential areas as well as minimize adverse traffic impacts resulting from commercial development. (Ord. 1687, Exh. A (part), 1995) 19.60.020 Applicability of Regulations. No building, structure, or land shall be used, and no building or structure shall be erected, structurally altered, or enlarged in a CG zone, otherwise than in conformance with the provisions of this chapter and other applicable provisions of this title. (Ord. 1687, Exh. A (part), 1995) 19.60.030 Permitted, Conditional and Excluded Uses. Permitted, Conditional and Excluded Uses that may be conducted from property zoned general commercial (CG), are identified in Table 19.60.030, Permitted, Conditional and Excluded Uses in General Commercial Zoning Districts below. Table 19.60.030: Permitted, Conditional and Excluded Uses in General Commercial Zoning Districts: Zoning Districts Uses CG 1. Retail businesses, such as, but not limited to: a. food stores (excluding convenience markets), b. drugstores, P c. apparel shops, d. variety stores and e. hardware stores; -230- MR -231- 447 Zoning Districts CG Uses 2. Full service restaurants (without separate bar facilities) where: a. all public entrances face away from residential zoning districts and P b. where the required customer parking is located within close proximity of the entrance 3. Specialty food stores which cumulatively occupy more than fifty percent of the building CUP - floor space in a single building or shopping center Admin. 4. Eating establishments a. Full- service restaurants with separate bar facilities CUP - b. Fast -food restaurants, and PC c. Any entertainment facilities (e.g., dancing, live music) in association with full- service or fast -food restaurant; 5. Any commercial establishments with drive - through facilities CUP - PC 6. Late evening activities which occur between eleven p.m. through seven a.m. CUP - PC 7. Offices such as those below, provided that such uses do not comprise more than twenty - five percent of the building space in a shopping center: a. Professional, b. General, c. Administrative, d. Business offices, P e. Business services, such as: i. advertising bureaus, ii. credit reporting, iii. accounting and similar consulting agencies, iv. stenographic services, and v. communication equipment buildings, 8. Commercial Office uses such as those below which directly serve the public a. Banks, b. Financial institutions, c. Insurance agencies P d. Real estate agencies, e. Travel agencies, f. Photography, and g. Similar studios; 9. Laundry facilities, including those below, provided that the solvents used in the cleaning process shall not be used or stored in any manner not approved by the State Fire Marshal and provided the establishment received approval from the Bay Area Air Quality Management District. I a. Self service operations b. Full service operations; and c. Retail dry cleaning establishments. Dry cleaning is limited to items directly delivered to the establishment by retail customers. -231- 447 Zoning Districts _(( Uses 10. Dry cleaning plants and similar establishments, provided that the solvent used in the cleaning process shall not be used or stored in any manner not approved by the State Fire Marshal; 11. Private clubs, lodges, or fraternal organizations a. Uses in (11) above as subordinate uses in buildings intended primarily for other P permitted uses provided for in this section b. Uses in (11) above as principal use buildings CUP - PC 12. Fraternity and sorority houses CUP - PC 13. Limited repair services, such as: a. Jewelry, b. Household appliance, P c. Typewriter and d. Business machine repair shops 14. Personal service establishments such as: a. Barbershops, b. Beauty parlors, P c. Massage establishments, d. Shoe repair shops, and e. Tailor shops 15. Accessory facilities and uses customarily incidental to permitted uses and otherwise I conforming with provisions of Chapter 19.XX of this title. 16. A maximum of four video game machines, provided these machines are incidental to the P main activity of the business 17. Specialty food stores which cumulatively comprise less than fifty percent of the retail P space of a single building or shopping center; 18. Pet shop and pet services facilities (buildings) and bathing, clipping, trimming and similar services for pets a. Uses in (39) above which are located in a sound -proof structure and are in P compliance with Santa Clara County Health Department regulations b. Uses in (39) above which are not located in a sound -proof structure and are in CUP - compliance with Santa Clara County Health Department regulations PC 19. Animal clinics and hospitals, facilities for bathing, clipping, trimming, and similar services for pets; kennels; taxidermists; 20. Child day care facilities located within an established business: a. Serving that business only and P b. Which do not generate additional traffic from that produced by the business itself 21. a. Child care centers, CUP - b. Day nurseries, and PC c. Playgrounds -232- -0 Zoning Districts _G( Uses 22. Vocational and specialized schools, dance and music studios, gymnasiums and health clubs a. When the uses in (22) above cumulatively comprise P < 50% of the space in a shopping center, provide adequate parking as determined be Chapter 19.100 and meet noise requirements as determined by Chapter 10.48 b. When the uses in (22) above cumulatively comprise CUP - >_ 50% of the space in a shopping center, provide adequate parking as determined by Admin. Chapter 19.100 and meet noise requirements as determined by Chapter 10.48 23. Retail/ service kiosks that meet the following: a. Are located in an unenclosed space visible from public streets or other publicly owned space, CUP - b. Where adequate parking is provided as determined by Chapter 19.100, Admire. c. Which do not result in traffic or circulation impacts, d. Have attractive designs and landscaping, and e. Are compatible with the surrounding architecture 24. Other uses which, in the opinion of the Director of Community Development, are similar to the permitted uses in the CG zoning district, and which do not create significant P adverse impacts to the surrounding area due to odor, dust, smoke, glare, fumes, radiation, vibrations, noise, traffic or litter. 25. Commercial parking and parking garages CUP - PC 26. Convenience markets CUP - PC 27. Hotels, motels, and boardinghouses CUP - PC 28. Liquor stores CUP - PC 29. Drinking establishments CUP - PC 30. Theaters CUP - PC 31. Mortuaries; CUP - PC 32. Automobile service stations, automobile washing facilities; CUP - PC 33. Gasoline and diesel fuel pumps, whether utilized as a principal use or as an accessory use 34. Automobile, trailer, fire and boat sales and rental, limited to new and used vehicles in CUP - operable condition PC 35. Automobile and Tire repair shops CUP - PC -233- Me Zoning Districts CG Uses 36. Other commercial uses which are neither permitted uses nor excluded uses and which are, in the opinion of the Planning Commission, consistent with the character of a general CUP - commercial (CG) zone of the same general character listed in this section, and which do PC not create significant adverse impacts to the surrounding area due to odor, dust, fumes, Tare, radiation, vibration, noise, traffic or litter. 37. Businesses where the primary activity is related to the on -site manufacturing, assembly or storage of building components intended for use by general contractors or Ex wholesalers; 38. Storage garages, and other wholesale businesses, except computer hardware and software and communications businesses for which the city may generate sales tax Ex revenue where the primary activity is to conduct sales and services to other businesses rather than to direct retail customers; 39. Other uses which, in the opinion of the Planning Commission, are objectionable by reason of odor, dust, smoke, glare, fumes, radiation, vibration, noise, traffic or litter shall Ex be excluded. 40. Warehouses; Ex 41. Lumber ards, Ex 42. Nurseries and greenhouses; Ex 43. Commercial excavating of building or construction materials Ex Key: P - Permitted Use - - Not Allowed CUP - Admin. - Conditional Use Permit issued by the Director of Community Development CUP - PC - Conditional Use Permit issued by the Planning Commission CUP - CC - Conditional Use Permit issued by the City Council Ex - Excluded Uses 19.60.040 Permits Required for Development. A. Prior to the erection of a new building or structure or enlargement or modification of an existing building, structure, or site (including landscaping and lighting) in a CG zoning district, permits must be obtained in accordance with Table 19.12.030. (Ord. 2056, (part), 2010; Ord. 1844, § 1 (part), 2000; Ord. 1784, (part), 1998; Ord. 1687, Exh. A (part), 1995) 19.60.050 Land Use Activity. A. Land Use Criteria. Unless otherwise provided by a conditional use permit, the following regulations shall apply to all users governed by this chapter. 1. The activity must be conducted entirely within a building or enclosed patio or atrium except for: -234- 450 a. Vehicular parking including the parking of business related vehicles that comply with the sign, off - street parking and noise regulations; b. Outdoor seating for restaurants as long as the number of seats do not exceed twenty percent of the number of authorized indoor seats and is otherwise compatible with Chapter 19.100 of this code; c. Special promotional events undertaken by permitted businesses; d. The display of merchandise in front of stores containing a minimum of twenty thousand square feet of floor area. The merchandise must be displayed under a roof overhang or canopy and must be displayed in an organized, neat and safe fashion; e. Incidental activities directly related to the permitted business. The incidental activity must comply with noise standards, all other applicable health and safety regulations and must use equipment which, when not in use, is stored in an approved enclosed space. 2. The activity must comply with the City noise standards, including pick -up and delivery times. Some activities are permitted when located in a sound -proof space. A sound -proof space is an enclosed area which is designed to prevent internally generated noise from being audible from a receptor located outside of the structure. An acoustical engineer shall certify the design and operating conditions of a sound -proof space. 3. The activity must involve direct retailing of goods or services to the general public. The retailing and servicing activity must comprise at least fifty percent of the floor space, including enclosed patio and atrium space, and must represent the primary emphasis of the business. Window displays shall reflect the retail emphasis. 4. Certain activities which require a hazardous material plan are permitted subject to permitting or licensing by an authorized public agency charged with the responsibility to protect the public health and welfare regarding the involved hazardous material. Examples: swimming pool and spa supply, photo finishing, dental office. 5. The activity complies with applicable off - street parking standards including shared parking arrangements specified in the off- street parking ordinance. 19.60.060 Development Standards Table 19.60.060 sets forth the rules and regulations pertaining to the development of property located in the General Commercial (CG) zoning district. Table 19.60.060 Development Standards A. Lot Area and Coverage No minimum lot area or coverage. Must be in conformance with the General Plan or applicable Specific Plan. Must have sufficient area to satisfy off - street parking and loading requirements contained in this title. -235- 451 B. Height of Buildings and 30 feet unless otherwise permitted by the General Plan or Structures applicable Specific Plan. C. Required Setbacks for Buildings and Enclosed Patio /Atrium Space 1. Front Yard Established based upon special policies contained in the General Plan and /or applicable specific plan to: • Insure sufficient space to provide adequate light, air and visibility at intersections; • Assure general conformity to yard requirements of adjacent or nearby zones, lots or parcels; and • Promote excellence of development. 2. Minimum Side and No side or rear yard setback required unless lot abuts any Rear Yard residential or agricultural- residential zone in which case the following regulations apply: a. Side Yard Setback i. Interior Side 12 feet, or a total setback equal to one foot of additional setback for each foot of height of a commercial building measured from its eave line or top of parapet, whichever is more restrictive. ii. Street Side of 12 feet Corner Lot b. Rear Yard Setback 20 feet, or a total setback equal to one and one -half feet of additional setback for each foot of height of a commercial building measured from its eave line or top of parapet, whichever is more restrictive. D. Noise Standards - 1. New Construction and uses approved as a Conditional Use that have a high probability of generating noise that adjoin residential districts shall be: a. Exterior Walls Designed to attenuate all noise emanating from interior retail space. b. Loading Docks Located away from residential districts. Required Fire Doors are and Doors excluded. c. Mechanical and Air conditioning, exhaust fans, and other mechanical equipment other equipment shall be acoustically isolated to comply with the noise ordinance d. Sound Wall Install a minimum eight- foot -high masonry sound wall on or adjacent to the common property line e. Acoustical Certified by an acoustical engineer that the above sound Engineer attenuation measures comply with the intent of the regulation and the City's community noise ordinance 2. In addition to (1) above, retail structures in a mixed use residential development shall employ noise attenuation techniques recommended by an acoustical engineer to comply with the community noise ordinance. E. Lighting - New lighting fixtures for any new site construction or building improvements: 1. Exterior Lighting Shall be a white type light either metal halide or a comparable color corrected light unless otherwise approved as part of a development plan. 2. Off -site Glare Light fixtures shall be oriented and designed to preclude an -236- 4 52 -237- 453 light and direct glare to adjacent residential properties. No direct off -site glare from a light source shall be visible above three feet at a public right-of-way. 3. Parking Lots, Shall be illuminated with a uniform and adequate intensity. Sidewalks and other Typical standards to achieve uniform and adequate intensity areas accessible to are: pedestrians and automobiles a. Average horizontal Should be between one and three foot - candles maintained illumination b. Maximum to Should be between 6:1 and 10:1 Minimum Ratio 4. Critical Area Such as stairways, ramps and main walkways may have a Illumination higher illumination 5. Areas around Shall meet minimum standards required by the State of Automatic Teller California Business and Professions Code. Machines F. Landscaping Plan Shall be designed to provide an effective year -round landscaping screen in the setback area adjoining a residential property. The intent of the plan is to screen the building from the rear yard of a residence within five years. G. Utilities 1. The following amenities and utilities shall be installed subject to the specifications of the subdivision ordinance: a. All utilities including water, gas, sanitary and storm sewers, underground power systems, and b. Amenities including, lighting electroliers, curbs, gutters, streets and sidewalks and c. Connections to main systems shall be installed subject to the specifications of the subdivision ordinance of the cit 2. All wires, pipes, cables, utilities and connections shall be placed in underground or subsurface conduits subject to the specifications of the subdivision ordinance of the City. 3. Underground vaults, or, well screened areas, if underground vaults are deemed to be infeasible by the City Engineer and the Director of Community Development, must be provided for the installation of the necessary utilities. H. Mechanical Equipment Air conditioning, exhaust fans, and other mechanical equipment shall be visually screened. -237- 453 CHAPTER 19.64 PERMITTED, CONDITIONAL AND EXCLUDED USES IN OFFICE AND INDUSTRIAL ZONING DISTRICTS Section 19.64.010 Application of Regulations 19.64.020 Permitted, Conditional and Excluded Uses in Office and Industrial Zones 19.64.010 Applicability of Regulations No building or structure or land shall be used in an OA, OP, MP, ML or ML -rc zoning district, otherwise than in conformance with the provisions of this chapter. 19.64.020 - Permitted, Conditional and Excluded Uses in Office and Industrial Zones Table 19.64.020 sets forth the Permitted, Conditional and Excluded Uses in Office and Industrial zones. Table 19.64.020 - Permitted, Conditional and Excluded Uses in Office and Industrial Zones Zoning Districts Uses OA OP MP ML ML -rc 1. Administrative and Executive Offices P P P - P 2. Professional Offices P P P - P 3. Printing and Publishing - - - - P 4. Caterers _ - _ CUP - PC 5. The following commercial uses are permitted as independent operations: a. Stenographic or duplicating services - - - P P b. Messenger or telegraph offices - - - P - c. Delivery services - - - P P d. Janitorial services; - - - P - 6. Office Supplies and Equipment Sales and Services - - - - P 7. Dry cleaning plants and similar establishments, provided that the solvent used in the cleaning process shall be used or stored in a manner approved by the State Fire Marshal; _ _ _ P P 8. Accessory facilities and uses customarily incidental to permitted uses and otherwise conforming with provisions of Chapter 19.XX of this title. P -238- 454 Zoning Districts Uses OA OP MP ML ML -rc 9. Gymnasium, Health Club - - - - P 10. Swim clubs, swim schools, and commercial swimming pools _ _ _ CUP - PC 11. Commercial parking and parking garages - - - P - 12. Commercial entertainment establishments operated wholly or partly in the open (e.g., _ _ _ CUP - _ drive -in theaters, golf driving ranges, and miniature golf courses), PC 13. Automobile service stations, automobile washing facilities; - - - CUP - PC - 14. Gasoline and diesel fuel pumps, whether utilized as a principal use or as an accessory _ _ _ CUP - _ use PC 15. Automobile, trailer, fire and boat sales, rentals, service, repair and storage, including body and upholstery shops, but limited to new and used vehicles in operable condition - - - P and new, reconditioned and used parts, if stored inside a buildin 16. Manufacturing, processing, assembly, research and development factories, laboratories, shops, and other uses which, in the opinion of the Director of Community Development are similar to uses permitted in the ML zoning district, and which do not create undue - - - P - adverse impacts due to the effects of glare, noise, dust, or any other emission within the premises as provided in Section 19.72.050 of this Title. 17. Medical and Allied Laboratories - P P - - 18. Laboratories - - - - P 19. Warehouses; - - - P - 20. Enclosed Warehousing - - - P P 21. Wholesaler Showrooms - - - - P 22. Wholesale and storage activities within completely enclosed buildings; - - - P - 23. Wholesale and storage within completely enclosed buildings, excluding petroleum P products; 24. Cold Storage Facilities and Frozen Food Lockers - - - P P 25. Packing and crating establishments; - - - P - 26. Auction houses, used furniture sales, feed sales; - - - P - 27. Home, garden and farm equipment and appliance sales and rentals; - - - P - 28. Machinery sales and rentals, including heavy construction equipment; - - - P - -239- 455 Zoning Districts Uses OA OP MP ML ML -rc 29. Repair and service shops for light machinery, household appliances and apparel; - - - P - 30. Light Machinery, Tools and Equipment Sales and Services - - - P P 31. Lumberyards, - - - P - 32. Building material sales, ice, coal and wood sales, carpenter and cabinet shops; - - - P - 33. Nurseries and greenhouses; - - - P - 34. Television, radio and motion picture studios and stations; - - - P P 35. Film Processing - - - - P 36. Commercial Photography - - - - P 37. Public utility facilities and service yards, and associated buildings, communications and equipment buildings, corporation yards, contractors' and plumbers' shops, and storage - - - P P y ards; 38. Municipal and Governmental Facilities - - - - P 39. All uses permitted in a general commercial (CG) zone as provided in Chapter 19.60, provided that: a. They are auxiliary or subsidiary to or an essential part of an established operation or use permitted by this chapter including, but not limited to, personal services, retail _ _ P P establishments, and recreation facilities located on the same lot as the principal use, and b. Which exist solely for the convenience of persons employed in or customers of the principal use; 40. Residential dwellings for caretakers or watchmen employed for the protection of the principal permitted use, provided they are located on the same lot as the principal - - - P - permitted use. 41. For any ordinarily permitted industrial use where the number of parking spaces exceeds one per five hundred feet of net lot area, upon a determination that the use will not have CUP - an adverse impact upon the City's street and circulation system, and is consistent with _ _ _ Admin. the City's noise ordinance. 42. Retail sales of mixed concrete sold in batches not exceeding one cubic yard _ _ _ CUP - PC 43. Stone cutting, monument manufacture _ _ - CUP - PC - -240- 456 Zoning Districts Uses OA OP MP ML ML -rc 44. Mortuaries _ _ - CUP - PC - 45. Heliports as accessory uses, _ _ CUP - PC - 46. Manufacture of radioactive material, provided that emissions do not exceed permissible levels established by Federal or State standards _ _ _ CUP - PC 47. Other uses which, in the opinion of the Planning Commission, are consistent with the character of an ML zone, and do not exceed the levels of odor, noise, dust, smoke, glare, fumes, radiation or vibration described in Section 19.72.050 of this Title - - - CUP - PC 48. Existing churches approved by the City with a Conditional Use Permit, in existence prior to the adoption of Ordinance 11 -XXXX _ _ _ _ CUP - PC 49. Technical Colleges - With classroom schedules which do not exceed traffic generation rates normally experienced by a Light Industrial/ Administrative Office development between 7:00 a.m. - 9:00 a.m., 4:00 p.m. - 6:00 p.m. and 7:00 p.m. to 10:00 p.m. The on- site enrollment shall not exceed two students for each parking space during the day program from 7:00 a.m. to 6:00 p.m. and the evening program from 7:00 p.m. to 10:00 p.m. _ _ _ _ CUP - PC 50. Bag clean in , - - - Ex Ex 51. Blast furnace, - - - Ex Ex 52. Boiler or Tank Works - - - Ex Ex 53. Boiler or Tank Works - - - Ex Ex 54. Candle Factory Ex Ex 55. Cannery Ex Ex 56. Central Mixing Plant for Cement - - - Ex Ex 57. Mortar - - - Ex Ex 58. Plaster or Paving Materials - - - Ex Ex 59. Coke Oven - - - Ex Ex 60. Curing - - - Ex Ex 61. Tanning or Storage of Raw Hides or Skins - - - Ex Ex 62. Distillation of Bones, Coal or Wood - - - Ex Ex 63. Distillation of Tar - - - Ex Ex -241- 457 Zoning Districts Uses OA OP MP ML ML -rc 64. Drilling for Oil, Gas or Other Hydrocarbon Substances - - - Ex Ex 65. Dumping, Disposal, Incineration or Reduction of Garbage, Sewage, Offal, Dead Animals or Refuse - - - Ex Ex 66. Fat Rendering - - - Ex Ex 67. Forge plant - - - Ex Ex 68. Foundry or Metal Fabrication Plant - - - Ex Ex 69. Hog Farms - - - Ex Ex 70. Junk Yards - - - Ex Ex 71. Baling of Rags or Junk - - - Ex Ex 72. Pumping Refining or Wholesale Storage of Crude Petroleum - - - Ex Ex 73. Slaughtering of Animals - - - Ex Ex 74. Smelting of Copper, Iron, Tin, Zinc or other Ores - - - Ex Ex 75. Steam Power Plant - - - Ex Ex 76. Stockyard - - - Ex Ex 77. Stone Mill or Quarry - - - Ex Ex 78. Sugar Refining - - - Ex Ex 79. Wool Pulling or Scouring - - - Ex Ex 80. Manufacture of: a. Acet ele, - - - Ex Ex b. Acid - - - Ex Ex c. Alcohol - - - Ex Ex d. Alcoholic Beverages - - - Ex Ex e. Ammonia - - - Ex Ex f. Bleaching Powder - - - Ex Ex g. Chlorine - - - Ex Ex h. Chemicals - - - Ex Ex i. Soda or Soda Compounds - - - Ex Ex j. Brick Potter - - - Ex Ex k. Terra Cotta or Tile (except handcraft products onl - - - Ex Ex 1. Candles - I - I - I Ex Ex -242- 458 Zoning Districts Uses OA OP MP ML ML -rc m. Celluloid or p roxlin (treatment of same) - - - Ex Ex n. Cement - - - Ex Ex o. Gypsum - - - Ex Ex p. Lime or Plaster of Paris - - - Ex Ex q. Chewing Tobacco (or treatment of same) - - - Ex Ex r. Disinfectants - - - Ex Ex s. Dyestuffs - - - Ex Ex t. Emery Cloth or Sandpaper - - - Ex Ex u. Explosives - - - Ex Ex v. Fireworks or Gunpowder (or storage of same) - - - Ex Ex w. Fertilizer - - - Ex Ex x. Glass - - - Ex Ex y. Glue - - - Ex Ex z. Gelatin - - - Ex Ex aa. Grease - - - Ex Ex bb. Lard or Tallow (manufactured or refined from or of animal fat) - - - Ex Ex cc. Illumination of Heating Gas (or Storage of Same) - - - Ex Ex dd. Insecticides - - - Ex Ex ee. Lam black - - - Ex Ex ff. Linoleum - - - Ex Ex Oilcloth or oiled products - - - Ex Ex hh. Linseed Oil - - - Ex Ex ii. Paint - - - Ex Ex Oil - - - Ex Ex kk. Shellac - - - Ex Ex 11. Turpentine or Varnish (except mixin - - - Ex Ex mm. Matches - - - Ex Ex nn. Paper or Pulp - - - Ex Ex oo. Pickles - - - Ex Ex pp. Sauerkraut or Vinegar - - - Ex Ex -243- 459 Zoning Districts Uses OA OP MP ML ML -rc qq. Potash Products - - - Ex Ex rr. Rubber or Gutta Percha Products (or treatment of same) - - - Ex Ex ss. Shoe Polish - - - Ex Ex tt. Soap (other than liquid soap) - - - Ex Ex uu. Starch, Glucose or Dectrin - - - Ex Ex vv. Stove Polish - - - Ex Ex ww. Tar Roofing or Waterproofing or other Tar Products - - - Ex Ex xx. Yeast - - - Ex Ex 81. Schools (preschool, kindergarten through grade 12(K -12)) - - - Ex Ex 82. Specialized Schools - - - Ex Ex 83. General Acute Care Hospital (e.g., any nursing facility, intermediate care facility, congregate living health facility) - - - Ex Ex 84. Long-term health care facility - - - Ex Ex 85. Child Day Care Facility (including day care centers, employer- sponsored child care centers, adult day care and family day care homes) - - - Ex Ex 86. Uses or facilities defined in Health and Safety Code Sections 1250 or 1418 or 1596.750 and Education Code Section 17323 (c) which may be utilized by sensitive receptors as defined by Public Resources Code Section 42100 (c) - - - Ex Ex Key: P - Permitted Use - - Not Allowed CUP - Admin. - Conditional Use Permit issued by the Director of Community Development CUP - PC - Conditional Use Permit issued by the Planning Commission CUP - CC - Conditional Use Permit issued by the City Council Ex - Excluded Uses -244- 460 CHAPTER 19.68: ADMINISTRATIVE AND PROFESSIONAL OFFICE (OA & OP) ZONES Section 19.68.010 Purpose. 19.68.020Applicabihty of Regulations. 19.68.030 Permitted, Conditional and Excluded Uses. 19.68.040 Permits Required for Development. 19.68.050Site Development Regulations. 19.68.010 Purpose. An administrative and professional office (OA) zone is created to accommodate a demonstrated need for development of office space together with necessary landscaping and off - street parking facilities in locations served by primary access, yet inappropriate for commercial development because of close proximity to purely residential uses. It is intended that the professional office uses established in this zone shall be designed and landscaped so as to be in harmony with such adjacent residential uses. The purpose of the Planned Office (OP) zoning district is to provide regulations for parcels or combinations of parcels of land of 25 acres or more on which development of professional administrative offices is deemed appropriate. (Ord. 1601, Exh. A (part), 1992) 19.68.020 Applicability of Regulations. No building, structure or land shall be used, and no building or structure shall be hereafter erected, structurally altered or enlarged in an administrative and professional office (OA) or planned office (OP) zone, otherwise than in conformance with the provision of this chapter. (Ord. 1601, Exh. A (part), 1992) 19.68.030 Permitted, Conditional and Excluded Uses. Permitted, Conditional and Excluded Uses that may be conducted from property zoned Administrative and Professional Office (OA & OP), are identified in Section 19.64.020, Permitted, Conditional and Excluded Uses in Commercial, Office and Industrial Zoning Districts. 19.68.040 Permits Required for Development. Prior to the erection of a new building or structure or enlargement or modification of an existing building, structure, or site (including landscaping and lighting) in an OA or OP zoning district, the applicant for a building permit must obtain permits in accord with Chapter 19.12. -245- 461 19.68.050 SiteDevelopment Regulations. Table 19.68.050 sets forth the rules and regulations pertaining to the development of property zoned Administrative and Professional Office (OA) and Planned Office (OP). Table 19.68.050: Site Development Regulations -246- E.. OA OP A. Minimum Lot Area, Lot Dimensions and Building Coverage 1. Minimum Size 1 acre 2. Minimum Lot 150 feet Dimension in any direction 3. Maximum Lot 40% 40% Coverage B. Height 1. Principal Building 30 feet (limited to two stories) 30 feet (limited to 3 stories) unless a different height is allowed by the General Plan 2. Accessory Structures 15 feet (limited to one stor 15 feet (limited to one story) C. Setbacks 1. Front Yard 20 feet 50 feet but not less than a distance equal to the height of the building measure from natural grade 2. Side Yard: a. Interior Side Same as those required in nearest 20 feet but not less than a distance adjacent residential zoning equal to the height of the building district. from the natural grade. b. Street Side of Same as those required in nearest 50 feet but not less than a distance Corner Lot adjacent residential zoning equal to the height of the building district. from the natural grade. 3. Rear Yard Same as those required in nearest 30 feet but not less than a distance adjacent residential zoning equal to the height of the building district. from the natural grade. 4. Buildings over 35 feet - No structure in excess of 35 feet in in height height shall be located closer to a residential zone than a distance equal to four times its height. 5. Setback from - 100 feet. Residential Zone 25 feet closed to any lot line shall be used for landscaping, planting or screening (except for access ways.) 6. Distance Between - 30 feet unless it is a complex with Buildings on same lot similar architecture on lots of 10 acres or more. D. Off - street Parking (Chapter 19.100 says 1/285 for (Chapter 19.100 says 1/285 for administrative office and 1/175 administrative office and 1/175 if it's -246- E.. -247- 463 OA OP if it's a medical use) a medical use). Shall be in accord with Shall be in accord with the the requirements of Chapter 19.100 requirements of Chapter 19.100 and shall not be located in the and shall not be located in the required front yard setback area or required front yard setback area street side yard setback area of a of a lot. corner lot E. Loading 1. At least one (1) permanently - maintained loading space not less than ten (10) ft. in width, thirty (30) ft. in length. and fifteen (15) ft. high for each 20,000 sq.ft. of gross building floor area or fraction thereof. 2. All loading space shall have ingress and egress from alleys or service drives. 3. Loading space may not be located within the required front yard or in any required side yard facing the street on a corner lot. F. Landscaping Plan Shall be in accord with the Shall be in accord with the requirements of the Landscaping requirements of the Landscaping Ordinance Ordinance G. Fences Shall be in accord with the Fence No fence, hedge or wall shall be Ordinance higher than two and one -half feet within a front yard. All planting, fencing and walls, including, but not restricted to fences and walls along rear and side property lines, shall be as approved in conjunction with a permit. H. Utilities and 1. The following amenities and 1. The following amenities and Amenities utilities shall be installed utilities shall be installed subject to subject to the specifications of the specifications of the the subdivision ordinance: subdivision ordinance: a. All utilities including a. All utilities including water, water, gas, sanitary and gas, sanitary and storm sewers, storm sewers, underground power systems, underground power and systems, and b. Amenities including, lighting b. Amenities including, electroliers, curbs, gutters, lighting electroliers, curbs, streets and sidewalks and -247- 463 I. Mechanical Equipment OA gutters, streets and sidewalks and c. Connections to main systems shall be installed subject to the specifications of the subdivision ordinance of the City. 2. All wires, pipes, cables, utilities and connections shall be placed in underground or subsurface conduits subject to the specifications of the subdivision ordinance of the cit 3. Underground vaults, or, well screened areas, if underground vaults are deemed to be infeasible by the City Engineer and the Director of Community Development, must be provided for the installation of the necessary utilities. Air conditioning, exhaust fans, and other mechanical equipment shall be visually screened. OP c. Connections to main systems shall be installed subject to the specifications of the subdivision ordinance of the cit 2. All wires, pipes, cables, utilities and connections shall be placed in underground or subsurface conduits subject to the specifications of the subdivision ordinance of the City. 3. Underground vaults, or, well screened areas, if underground vaults are deemed to be infeasible by the City Engineer and the Director of Community Development, must be provided for the installation of the necessary utilities. Air conditioning, exhaust fans, and other mechanical equipment shall be visually screened. CHAPTER 19.72: LIGHT INDUSTRIAL (ML) AND INDUSTRIAL PARK (MP) ZONES Section 19.72.010 Purpose. 19.72.020 Applicability of Regulations. 19.72.030Permitted, Conditional and Excluded Uses. 19.72.040 Permits Required for Development. 19.72.050 Restrictions Related to Emissions. 19.72.060 Site Development Regulations. 19.72.010 Purpose. The purpose of the light industrial (ML) zoning district is to provide for, and regulate, certain industrial uses which are incompatible with commercial and residential uses but perform important storage, manufacturing or servicing functions for such commercial and residential uses in the City. The property in this zone should be located near central business areas, near arterial traffic routes, along railroad lines, or where specialized services for residential areas should be concentrated. Activities and hazardous materials that may be used in the light industrial zoning district are specifically incompatible with schools, daycare centers, convalescent care centers and other sensitive receptors and such sensitive receptors are prohibited from this zoning district. The purpose of the Industrial Park (MP) zoning district is to provide regulations for parcels or combinations of parcels of land of 25 acres or more on which development of light industrial parks is deemed appropriate. (Ord. 1601, Exh. A (part), 1992) 19.72.020 Applicability of Regulations. No building, structure, or land shall be used, and no building or structure shall be erected, structurally altered, or enlarged in an ML and MP zone, otherwise than in conformance with the provisions of this chapter and other applicable provisions of this title. (Ord. 1601, Exh. A (part), 1992) 19.72.030 Permitted, Conditional and Excluded Uses. Permitted, Conditional and Excluded Uses that may be conducted from property zoned Light Industrial (ML) or Planned Industrial (MP) are identified in Section 19.60.020, Permitted, Conditional and Excluded Uses in Commercial, Office and Industrial Zoning Districts. -249- 465 19.72.040 Permits Required for Development. Prior to the erection of a new building or structure or enlargement or modification of an existing building, structure, or site (including landscaping and lighting) in an ML or MP zoning district, the applicant for a building permit must obtain permits in accord with Chapter 19.12. 19.72.050 Restrictions Related to Emissions. No use shall be allowed which is or will be offensive by reason of the emission of dust, gas, smoke, noise, fumes, odors, bright lights, vibrations, nuclear radiation, radio frequency interference, or otherwise. Every use shall be operated in such manner that the volume of sound inherently and recurrently generated shall not exceed sixty -five (65) decibels during the day and 55 decibels at night, at any point on the property line on which the use is located, or sixty (60) decibels during the day and 55 decibels at night, at any point on the property line on which the use is located where such property line abuts property that is zoned for residential purposes. Noise and sounds shall be appropriately muffled in such manner so as not to be objectionable as to intermittent beat, frequency, or shrillness. Provided further that prior to issuance of a building permit the Building Inspector may require evidence that adequate controls, measures, or devices have been provided to insure and protect the public interest, health, comfort, convenience. safety and general welfare from such nuisances. Emissions of noise, vibrations, radiation, light, smoke, fumes or gas, odor, dust and toxic waste shall be limited to quantities indicated in this section. The limitations shall apply at any point outside the boundary of each lot in an ML zone, the boundary assumed, for the purpose of this title, to extend in a vertical plane and below ground. In case of further subdivision or lot split, the limitations shall not apply outside any resulting lot. A. Vibration. Vibrations in the nonaudible range shall not be of such intensity that they can be perceived without instruments. B. Radiation. Electromagnetic radiation shall not result in perceptible disturbance of television or radio reception. C. Light. The intensity of light at the boundary of each lot shall not exceed seventy -five (75) footlamberts from a source of direct light, or one hundred (100) footlamberts from a source of reflected light. The intensity of light at the boundary of an industrial zone, or an industrial area in a planned development (P) zone, shall not exceed fifty (50) footlamberts from a source of direct light, or seventy -five (75) footlamberts from a source of reflected light. D. Smoke. No emission shall be permitted at any point, from any chimney or otherwise, of visible grey smoke of a shade equal to or darker than No. 1 on the Ringelmann Smoke Chart, as published by the U.S. Department of Interior, Bureau of Mines, Informational Circular 8333, -250- EM May 1967); except that a visible grey smoke of a shade equal to No. 2 on the Ringelmann Smoke Chart may be emitted for four (4) minutes in any thirty (30) minutes. E. Hazardous and Toxic Materials. The use, handling, storage, and transportation of toxic and hazardous materials shall comply with the provisions of the California Hazardous Materials Regulations (California Administrative Code, Title 22, Division 4). The use, storage, manufacture and disposal of hazardous materials shall be regulated and monitored according to the standards established by the U.S. Environmental Protection Agency (EPA), the California Environmental Protection Agency (Cal/ EPA) and any delegated government agencies. F. Odor. No emission of odorous gases or other odorous matter shall be permitted in such quantities as to be readily detectable without the aid of instruments at the boundaries of the lot or in such concentrations as to create a public nuisance or hazard beyond such boundaries. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail. There is established as a guide in determining such quantities of offensive odors, Table III, Odors Thresholds, in Chapter 5 of Air Pollution Abatement Manual, copyrighted in 1951 by Manufacturing Chemists Association, Inc., Washington, D.C. G. Fly Ash, Dust, Fumes, Gases and Other Forms of Air Pollution. No emission shall be permitted which can cause any damage to health, animals, vegetation or other forms of property, or that will result in the collection of heavy gases at ground level. No emission shall be permitted in excess of fifty percent of the standards specified in Table I, Chapter 5 of Industrial Hygiene Standards, Maximum Allowable Concentrations of the Air Pollution Abatement Manual, copyrighted in 1951 by Manufacturing Chemists Association, Inc., Washington, D.C. In no event shall any emission, from any chimney or otherwise, exceed one - tenth of a grain (0.1 grain) per cubic foot of the conveying gas. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of five hundred (500) degrees Fahrenheit and fifty (50) percent excess air. H. Wastes. No discharge shall be permitted into any public street or sewer, private sewage disposal system, stream, body of water, or into the ground, of any materials of such nature or temperature as can contaminate any water supply, interfere with bacterial processes in sewage treatment, corrode or otherwise damage sewers or pipelines, or otherwise cause the emission of dangerous or offensive elements, except in accordance with standards approved by the California Environmental Protection Agency (Cal /EPA) and any other governmental agency having jurisdiction over the activities. (Ord. 1601, Exh. A (part), 1992) -251- 467 19.72.060 Site Development Regulations. Table 19.72.060 sets forth the rules and regulations pertaining to the development of structures on property zoned Light Industrial (ML and ML -rc) and Industrial Park (MP). In ML -rc and ML -fa zones, if no standards are listed, the standard reverts to the ML zoning standards. Table 19.72.060: Site Development Regulations. -252- ML ML -rc ML -fa MP A. Minimum Lot Area, Lot Dimensions and Buildin g Coverage 1. Minimum Lot 10,000 square feet 1 acre Area 2. Zoning Each lot shall be designated Designation with a number after a dash representing the minimum number of square feet (in thousands) allowed for such lot. 3. Lot Dimensions Each lot shall have a shape 150 feet such that a square with a side of 100 feet can be inscribed within the lot. 4. Maximum Lot 40% 40% Coverage B. Height 1. Building 40 feet (limited to 2 stories) 30 feet (limited to 3 stories) unless a different height is allowed by the General Plan 2. Accessory 15 feet (limited to one 15 feet (limited to one story) Structure story) C. Setbacks 1. Front Yard 25 feet or must conform to 50 feet but not less than a 19.60.060(C)6 below distance equal to the height of the building measure -252- -253- M ML ML -rc ML -fa MP from natural grade 2. Side Yard a. Interior No minimum if adjacent to The building shall extend 20 feet but not less than a Side ML or T zoning districts, the entire width of the lot, distance equal to the height otherwise 15 feet, and must except for one driveway or of the building from the conform to 19.72.060(C)4 gateway no wider than natural grade. below necessary. b. Street Side No minimum if adjacent to 50 feet but not less than a of Corner ML or T zoning districts, distance equal to the height Lot otherwise 15 feet, and must of the building from the conform to 19.72.060(C)4 natural grade. below 3. Rear Yard No minimum if adjacent to 30 feet but not less than a ML or T zoning districts, distance equal to the height otherwise 20 feet, and must of the building from the conform to 19.72.060(C)4 natural grade. below 4. Buildings over No part higher than twenty 20 feet feet of a building in an ML zoning district shall be closer to a lot line than one - half of its height. 5. Buildings over - No structure in excess of 35 35 feet feet in height shall be located closer to a residential zone than a distance equal to four times its height. 6. Setback from When lot adjacent to or 100 feet Residential separated by a street from 25 feet close to any lot line Zones area zoned R -1 or A -1, shall be used for setback shall be 50 feet for landscaping, planting or all required yard setbacks. screening (except for access 25 feet closest to any lot ways.) -253- M -254- 470 ML ML -rc ML -fa MP line shall be used for landscaping, planting or screening (except for access ways). The remainder of any such yard may be used only for off - street parking, or shall be maintained as a landscaping planting strip in the same manner as the first 25 feet. 7. Distance 30 feet unless it is a complex Between with similar architecture on Buildings on lots of 10 acres or more. same lot D. Off - street Shall be in accord with the Shall be in accord with the Parking requirements of Chapter requirements of Chapter 19.100. However, where the 19.100 and shall not be number of parking spaces located in the required front exceeds one per 500 square yard setback area or street feet of total lot area, the use side yard setback area of a shall be subject to the corner lot issuance of a conditional use permit as required by Chapter 19.60. E. Driveway Access 1. There shall be no direct One driveway of gateway and Driveways vehicular access from no wider than necessary. ML -rc zoned properties to Stevens Creek Boulevard and McClellan Road 2. There shall be no street connection with McClellan Road between Highway 85 -254- 470 -255- 471 ML ML -rc ML -fa MP and the railroad line 3. All onsite driveways shall have adequate width and length to accommodate the largest vehicles that normally serve a lot, without blocking any part of the public right- of-way. F. Loading Shall be in accord with Loading space shall not be Loading, unloading and 1. At least one (1) requirements of Chapter located within the front parking of delivery permanently maintained 19.100. yard or side yards of the vehicles shall be located in loading space not less property and shall be the rear of the building than ten (10) ft. in width, screened from public street thirty (30) ft. in length, view. and fifteen (15) ft. high for each 20,000 sq.ft. of gross building floor area or fraction thereof. 2. All loading space shall have ingress and egress from alleys or service drives. 3. Loading space shall not be located within the required front yard or in any required side yard facing the street on a corner lot. G. Landscaping Shall be in accord with the 1. Front yards shall be Shall be in accord with the requirements of Chapter landscaped requirements of Chapter 14.15, the Landscaping 2. Rear yards facing 14.15, the Landscaping Ordinance Highway 85 shall be Ordinance screened b -255- 471 -25()- MM ML ML -rc ML -fa MP landscaping from public street view. 3. Shall be in accord with the requirements of Chapter 14.15, the Landscaping Ordinance H. Fences Shall be in accord with the No fence, hedge or wall requirements of Chapter shall be higher than two and 19.48 one -half feet within a front yard. All planting, fencing and walls, including, but not restricted to fences and walls along rear and side property lines, shall be as approved by the ASAC I. Utilities and 1. The following shall be 1. The following shall be Amenities installed subject to the installed subject to the specifications of the specifications of the subdivision ordinance: subdivision ordinance: a. All utilities including a. All utilities including water, gas, sanitary water, gas, sanitary and storm sewers, and storm sewers, underground power underground power systems, and systems, and b. Amenities including, b. Amenities including, lighting electroliers, lighting electroliers, curbs, gutters, streets curbs, gutters, streets and sidewalks and and sidewalks and c. Connections to main c. Connections to main systems shall be systems shall be installed subject to installed subject to the specifications of the specifications of the subdivision the subdivision -25()- MM -257- 473 ML ML -rc ML -fa MP ordinance of the ordinance of the City. City. 2. All wires, pipes, cables, 2. All wires, pipes, cables, utilities and connections utilities and connections shall be placed in shall be placed in underground or underground or subsurface conduits subsurface conduits subject to the subject to the specifications of the specifications of the subdivision ordinance of subdivision ordinance the City. of the City. 3. Underground vaults, or, Underground vaults, or, well screened areas, if well screened areas, if underground vaults are underground vaults are deemed to be infeasible deemed to be infeasible by by the City Engineer and the City Engineer and the the Director of Director of Community Community Development, must be Development, must be provided for the provided for the installation of the necessary installation of the utilities. necessary utilities. -257- 473 CHAPTER 19.76: PUBLIC BUILDING (BA), QUASI PUBLIC BUILDING (BQ) ANDTRANSPORTATION (T) ZONES Section 19.76.010 Purpose. 19.76.020 Applicability of Regulations. 19.76.030 Permitted, Conditional and Excluded Uses in BA, BQ and T Zones. 19.76.040 Permits Required for Development. 19.76.050 Application Requirements. 19.76.060 Site Development Regulations. 19.76.010 Purpose. The BA, BQ and T zoning districts are designed to accommodate governmental, public utility, educational, religious, community service, transportation, or recreational facilities in the City. (Ord. 1601, Exh. A (part), 1992) 19.76.020 Applicability of Regulations. The specific regulations of this chapter shall apply to all BA, BQ and T zoning districts. (Ord. 1601, Exh. A (part), 1992) 19.76.030 Permitted, Conditional and Excluded Uses in BA, BQ and T Zones. Permitted, Conditional and Excluded Uses that may be conducted from property zoned Public Building (BA), Quasi- Public Building (BQ), and Transportation (T) are identified in Table 19.76.030, Permitted, Conditional and Excluded Uses in Public, Quasi - Public and Transportation Zoning Districts. Table 19.76.030 - Permitted, Conditional, and Excluded Uses in BA, BQ and T Zones Uses Zoning Districts BA BQ T 1. Buildings and other uses on land owned or utilized by a - federal, state, county, or city government or authority, or by a P special district created for public purposes under the laws of the State of California are permitted in a BA zone. 2. Rotating homeless shelter provided that the following - conditions are met: a. Shelter is located within an existing church structure; b. The number of occupants does not exceed twenty -five; P c. The hours of operation do not exceed six p.m. to seven a.m.; d. Adequate supervision is provided; e. Fire safety regulations are met; and f. Operation period does not exceed two months in an -258- 474 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 -259- 475 Zoning Districts BA BQ T Uses twelve -month period at any single location. 3. Permanent emergency shelter provided the following - conditions are met: P a. Section 19.64.040(A) 1 -5; and b. Occupancy is limited to six months or less. 4. Public utility companies regulated by the Public Utility - Commission for uses restricted to administrative and office CUP - buildings, communication equipment buildings, including - PC parking, landscaping and maintenance within an enclosed area or storage yard; 5. Religious, civic, and comparable organizations, for uses - restricted to church buildings, community halls, administrative buildings, schoolrooms, recreational facilities, and athletic CUP - fields, convents, seminaries, and similar uses customarily - PC associated with churches, including parking and landscaping areas; 6. Child care facility, residential care facilities, congregate CUP - - residence, hospitals, vocational and specialized schools; _ PC 7. Lodges, clubs, country clubs, including accessory uses such as - swimming pools, picnic areas, golf courses, driving tees or CUP - ranges, miniature golf courses (all uses to be restricted to - PC members of the above organizations and their guests); 8. Large - family daycare home; _ CUP - - PC 9. Airports, airfields and helicopter terminals, including CUP - administration and service buildings, maintenance and storage - - PC y ards 10. Railroads, including terminals and stations, freight yards, CUP - marshaling yards, storage yards, administrative and service - - PC buildings 11. Bus terminals and stations, including administration and CUP - service buildings, maintenance and storage yards _ _ PC 12. Freeways, expressways, and other roads with limited or CUP - controlled access, including administrative buildings and maintenance yards 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 -259- 475 19.76.040 Permits Required for Development. Prior to the erection of a new building or structure or enlargement or modification of an existing building, structure, or site (including landscaping and lighting) in a BA. BQ or T zoning district, the applicant for a building permit must obtain permits in accord with Chapter 19.12. 19.64.050 Application Requirements. Prior to the issuance of development permits, or any amendment thereto, an application shall be made that, in addition to the requirements in Chapter 19.12, shall include a development plan. The plan shall include: A. Types and heights of buildings/ structures and location of areas where buildings are to be placed; B. A proposed system of public and private streets, including cross - sections for all types of streets; C. Landscape plans; D. Parking and loading plans as required by this title; E. Any other information, which the Director of Community Development requires in order to evaluate the effects of the proposed facilities on the surrounding areas. (Ord. 2056, (part), 2010; Ord. 1601, Exh. A (part), 1992) (Ord. 1844, § 1 (part), 2000; Ord. 1784, (part), 1998; Ord. 1601, Exh. A (part), 1992) 19.64.060 Site Development Regulations. A. Maximum Height of Buildings and Structures. The height of buildings in BA, BQ and T zone districts is regulated by the development plan. B. Setbacks and Screening. 1. There are no minimum setbacks in BA, BQ or T zoning districts; provided, however, that the Planning Commission may establish minimum setbacks with respect to each individual application for a development permit or a conditional use permit in order to provide adequate light, air and visibility at intersections, and to provide general conformity with adjacent and nearby zones and lots, or to promote the general excellence of the development; 2. Adequate screening to limit noise, to reduce glare of lights, and to prevent obnoxious emissions shall be provided when deemed appropriate by the Planning Commission. (Ord. 2056, (part), 2010; Ord. 1601, Exh. A (part), 1992) -260- 476 CHAPTER 19.80: PLANNED DEVELOPMENT (P) ZONES Section 19.80.010 Purpose. 19.80.020 Applicability of Regulations. 19.80.030 Establishment of Districts- Permitted and Conditional Uses. 19.80.040 Zoning or Prezoning. 19.80.050. Development Permit. 19.80.010 Purpose. A. The planned development (P) zoning district is intended to provide a means of guiding land development or redevelopment of the City that is uniquely suited for planned coordination of land uses and to provide for a greater flexibility of land use intensity and design because of accessibility, ownership patterns, topographical considerations, and community design objectives. B. The planned development zoning district is specifically intended to encourage variety in the development pattern of the community; to promote a more desirable living environment; to encourage creative approaches in land development; to provide a means of reducing the amount of improvements required in development through better design and land planning, to conserve natural features, to facilitate a more aesthetic and efficient use of open spaces, and to encourage the creation of public or private common open space. 19.80.020 Applicability of Regulations. No building, structure or land shall be used and no building or structure shall be erected, enlarged or structurally altered, or demolished, in any planned development zoning district, except in accordance with the provisions set forth in this chapter. 19.80.030 Establishment of Districts - Permitted and Conditional Uses. A. Planned development zoning districts may be established, modified or removed from the zoning map, and the regulations applicable to any planned development district may be established, modified or deleted in accord with the procedures described in this chapter. B. All P districts shall be identified on the zoning map with the letter coding "P" followed by a specific reference to the general type of use allowed in the particular planning development zoning district. For example, a planned development zoning district in which the uses are to be general commercial in nature, would be designated "P(CG)." A planned development zoning district in which the uses are intended to be a mix of general commercial and residential would be designated "P(CG /Res)." -261- 477 C. Permitted uses in a P zoning district shall consist of all uses which are permitted in the zoning district which constitutes the designation following the letter coding "P." For example, the permitted uses in a P(CG) zoning district are the same uses which are permitted in a CG zoning district. D. Conditional uses in a P zoning district shall consist of all uses which require the issuance of a conditional use permit in the zoning district which constitutes the designation following the letter coding "P." For example, the conditional uses in a P (CG) zoning district are the same uses which require a conditional use permit in CG zoning district. Each conditional use in a P zoning district requires a separate conditional use permit. E. The general category of uses in a P zone shall be defined at the time of the conceptual plan, and shall be consistent with the adopted General Plan relative to the property in the application. The development standards and regulations of the permitted and conditional uses shall be established in conjunction with the approval of the conceptual and definitive plans. 19.80.040 Zoning or Prezoning. A. Application - The applicant for a P zoning district shall, in addition to information required per Chapter 19.12, Administration, at the time of the application, submit to the Director of Community Development a conceptual development plan, which shall include: 1. Ageneral description of the proposed uses, 2. The proposed traffic - circulation system, 3. A topographical map of the site and the neighboring properties, 4. A landscaping plan. B. Process and Review Authority - 1. Applications for the zoning, prezoning or rezoning of property shall be processed in the manner prescribed in Chapter 19.120, Amendments to the Zoning Maps or Zoning Regulations. 2. C. Findings - No such ordinance may be adopted unless, in addition to making the findings required by Chapter 19.120, Amendments to the Zoning Maps or Zoning Regulations Ordinance, the following findings are made: 1. That the conceptual development plan attached to the application is consistent with both the General Plan and any underlying zoning designation which regulates the site; 2. That the conceptual development plan provides for an organized and unified system of land uses and land use intensities which would be compatible with the surrounding neighborhood; 3. That the conceptual development plan for a residential use ensures that the proposed development provides adequate active and passive oriented open space within the development to satisfy the needs of future residents and, further, that the proposed -262- development provides adequate landscaping that will function in a manner which will enhance the individual development and the community as a whole; 4. That the conceptual development plan ensures that the location of the site with respect to major thoroughfares and uses outside the zone would not create undue and unreasonable traffic congestion in the area; 5. That the conceptual development plan makes provisions for adequate parking, waste disposal and undergrounding of utilities. D. Modifications - Any modification of the conceptual plan requires the submission of a rezoning application. 19.80.050 Development Permit. A. 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 19.124, Planned Development Permits, Conditional Use Permits and Variances. -263- 479 CHAPTER 19.84: PERMITTED, CONDITIONAL AND EXCLUDED USES IN OPEN SPACE, PARK AND RECREATION AND PRIVATE RECREATION ZONING DISTRICTS Section 19.84.010 Applicability of Regulations 19.84.020 Permitted, Conditional and Excluded Uses in Open Space, Park and Recreation and Private Recreation Zones. 19.84.010 Applicability of Regulations No building or structure or land shall be used in an OS, PR and FP zoning district, otherwise than in conformance with the provisions of this chapter. 19.84.020 - Permitted, Conditional and Excluded Uses in Open Space, Park and Recreation and Private Recreation Zones Table 19.84.020 sets forth the Permitted, Conditional and Excluded Uses in Open Space, Park and Recreation and Private Recreation zones. Table 19.84.020 - Permitted, Conditional and Excluded Uses in Open Space, Park and Recreation and Private Recreation Zones Zoning Districts OS PR FP Uses A. Low-intensity recreational uses such as hiking birdwatching walking, picnicking and other similar activities P - - B. Minor maintenance of vegetation such as mowing or trimmin g P - - C. Incidental gardening P - - D. The erection or maintenance of minor structures, such as fences, gates, culverts and drainage ditches. P - - E. Any legal nonconforrming use as provided for in Chapter 19.140 of the City's Ordinance Code P - - F. Temporary uses subject to regulations established by Chapter 19.160 CUP - Admin - - G. Noncommercial stables for riding horses CUP - Admin - - H. Artificial or constructed pools, ponds, lakes or streams CUP - Admin - - L Playgrounds CUP - Admin - - -264- M:1 Zoning Districts OS PR FP Uses J. Any other use which is compatible with open space and otherwise is in conformance with the purposes of the OS CUP - - zonin g district Admire K. Parks, playgrounds, and recreation facilities, as regulated by Title 13 of this code - P L. Agricultural uses such as crop and tree farming, and the keeping of domestic barnyard animals - P M. Single - family residences for the purpose of housing a caretaker for the park. The residence may take the form of a - P mobilehome as well as a permanent residential structure. N. Accessory facilities and uses customarily incidental to permitted uses and otherwise conforming with the P - provisions of Chapter 19.92 of this title O. Parking facilities as necessary for park usage - P P. Outdoor Uses: 1. Equestrian center including riding academies, stables and horse rental, - - CUP 2. Practice range for archery or firearms, - PC 3. Golf course with or without driving range, 4. Swim and racquet club, 5. Swimming, diving or related sports center, 6. Picnic areas, 7. Racquet sports center for tennis, racquetball, badminton and similar activities, 8. Specialty outdoor activity center encompassing one or more of the following or similar uses: a. Roller skating, b. Skateboarding, c. Lawn bowling, bocce ball, d. Miniature golf, 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, -265- EN Zoning Districts OS PR FP Uses 10. Amusement parks with or without rides or live entertainment, 11. Bicycle motocross course /go -cart track or similar specialty raceway, but excluding facilities for racing of automobiles or motorcycles, 12. Air sports field for hang gliding, ultralight aircraft or ballooning, but excluding common carrier passenger aircraft service, - - CUP - 13. Other outdoor recreation uses which are found by the Director of Community Development to be of similar PC intensity and characteristics of use to those enumerated in this subdivision; Q. Indoor Uses: 1. Museums and galleries, 2. Theaters for film, stage or music entertainment, 3. Specialty indoor activity center encompassing one or more of the following or similar uses: a. Bowling, b. Video games, c. Pool, billiards, CUP - d. Martial arts, _ _ PC e. Ice or roller skating rink, 4. Personal fitness or sports training center with primary location of facilities and equipment enclosed within a structure, 5. Dancehall or facility for dance instruction, 6. Other indoor recreation uses which are found by the City Council or Planning Commission to be of similar intensity and characteristics of use to those enumerated in this subsection. R. Subsidiary Uses: 1. Competition and tournament facilities, including stadium seating, concession stands and box office /ticket sales for on- premises events only, 2. Restaurant without separate bar facility, 3. Repair shop, servicing equipment associated with the activities authorized under the principal use permit, CUP - 4. Retail sales of equipment and supplies customarily associated with the activities authorized under the principal _ _ PC 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. -266- MW Zoning Districts OS PP FP Uses S. Card Clubs and similar businesses operating games of chance - - Ex T. Nightclubs - - Ex U. Other uses which are found by the Director of Community Development to be in conflict with the objective of the FP zoning district _ - Ex Key: P - Permitted Use - - Not Allowed CUP - Admin. - Conditional Use Permit issued by the Director of Community Development CUP - PC - Conditional Use Permit issued by the Planning Commission CUP - CC - Conditional Use Permit issued by the City Council Ex - Excluded Uses -267- W CHAPTER 19.88: OPEN SPACE (OS) ZONES Section 19.88.010 Purpose. 19.88.020 Applicability of Regulations. 19.88.030 Permitted, Conditional and Excluded Uses. 19.88.040 Permits Required for Development. 19.88.010 Purpose. Open space (OS) zones are intended to provide for the establishment of open space uses in private natural areas in order to avoid urban sprawl and to preserve environmentally sensitive areas in their natural condition. (Ord. 1608, § 1 (part), 1992) 19.88.020 Applicability of Regulations. A. Prohibition. No structure or land shall be used, and no building or structure shall be hereafter erected, structurally altered, or enlarged in an open space (OS) zone, otherwise than in conformance with the provisions of this chapter. B. Limitations to Applicability of Regulations. The open space zoning district may only be designated on land within the City of Cupertino under one, or more, of the following circumstances: 1. The property owner of the subject property either makes application with the City for such designation to apply to his or her property, or otherwise gives his or her written consent to the application of this chapter to his or her property; 2. The subject property is encumbered by any recorded open space easement or written dedication of the development rights granted to the City; 3. The subject property is to remain open space under the terms of any development agreement entered into pursuant to the City's Ordinance Code, or under the terms of any written and recorded private agreement, a copy of which is provided to the City prior to any designation under this chapter; 4. The subject property is to remain open space under any condition of approval to any implemented entitlement of use, including, but not limited to, development permits, planned development permits, conditional use permits, variances, subdivision maps, exceptions, or building permits issued by the City or any other public agency. (Ord. 2056, (part), 2010; Ord. 1608, § 1 (part), 1992) MI 19.88.030 Permitted, Conditional and Excluded Uses. Permitted, Conditional and Excluded Uses that may be conducted from property zoned Open Space (OS) are identified in Section 19.72.020, Permitted, Conditional and Excluded Uses in Open Space, Park and Recreation, and Private Recreation Zoning Districts. 19.88.040 Permits Required for Development. Prior to the erection of a new building or structure or enlargement or modification of an existing building, structure, or site (including landscaping and lighting) in an OS zoning district, the applicant for a building permit must obtain permits in accord with Chapter 19.12, Administration. -269- .; CHAPTER 19.92: PARK AND RECREATION (PR) ZONES Section 19.92.010 Purpose. 19.92.020 Applicability of Regulations. 19.92.030 Permitted, Conditional and Excluded Uses. 19.92.040 Park Master Plan. 19.92.010 Purpose. The purpose of the park and recreation zone is to regulate the land uses and recreational activity permitted within publicly owned parks within the City, to ensure the safety and enjoyment of the persons utilizing the park facilities, as well as to protect the rights of adjoining property owners. (Ord. 1601, Exh. A (part), 1992) 19.92.020 Applicability of Regulations. No building, structure, or land shall be used, and no building or structure shall be erected, structurally altered, or enlarged in a park and recreation zone, otherwise than in conformance with the provisions of this chapter. (Ord. 1601, Exh. A (part), 1992) 19.92.030 Permitted, Conditional and Excluded Uses. Permitted, Conditional and Excluded Uses that may be conducted from property zoned Park and Recreation (PR) are identified in Section 19.72.020, Permitted, Conditional and Excluded Uses in Open Space, Park and Recreation, and Private Recreation Zoning Districts. 19.92.040 Park Master Plan. A. The Director of Parks and Recreation shall submit development plans for any proposed park or recreation facility to the Parks and Recreation Commission, which shall hold a public hearing concerning the proposal. B. Prior to submitting its recommendation to the City Council, the Parks and Recreation Commission shall submit the proposal to the Planning Commission for its recommendation to include an environmental assessment of the plans and a finding that the proposal is consistent with the General Plan. C. The findings of the Planning Commission shall thereafter be forwarded to the Parks and Recreation Commission for presentation to the City Council. (Ord. 1601, Exh. A (part), 1992) -270- EM CHAPTER 19.96: PRIVATE RECREATION (FP) ZONE Section 19.96.010 Purpose. 19.96.020 Applicability of Regulations. 19.96.030 Zoning Designations. 19.96.040 Permitted, Conditional and Excluded Uses. 19.96.050 Subsidiary Uses. 19.96.060 Permits Required for Development 19.96.070 Application Requirements. 19.96.080 Performance Standards. 19.96.010 Purpose. A. The purpose of creating a private recreation (FP) zone is to facilitate zoning under use permit controls which promote privately sponsored business enterprise for the cultural and recreational needs of the community which are distinct from, and yet serve as an enhancement to the organized activity and passive open space uses traditionally provided by the public sector on City or regional parklands. B. The FP zoning district is intended to encourage a diverse range of recreational development by private interests. At the same time, the use intensity of any site in the FP zone is determined by application of performance standards which ensure a compatible fit with the site's geographic and environmental setting. (Ord. 1601, Exh. A (part), 1992) 19.96.020 Applicability of Regulations. No building, structure, or land shall be used, and no building or structure shall be erected, structurally altered or enlarged in a private recreation zone, otherwise than in conformance with the provisions of this chapter. Compliance with this chapter does not relieve the owner or developer of property intended to be included in an FP zone from complying with all other applicable City ordinance or conforming with the provisions of the City's General Plan. (Ord. 1601, Exh. A (part), 1992) 19.96.030 Zoning Designations. The ordinance rezoning each property or parcel to the private recreation (FP) zone classification shall include one of the suffixes in the table below, indicating the primary use intent for the site. Uses authorized for any site are interchangeable between indoor and outdoor -271- .• activity, and may include activities listed under both subdivision "i" and subdivision "o" of Section 19.72.040, notwithstanding the suffix designation. Suffix Activity Use Characteristics ZoningSymbol Characterization -i FP -i Indoor Uses oriented primarily to activities which take place within an enclosed structure, and as listed in Table 19.84. (Ord. 1601, Exh. A (part), 1992) 19.96.040 Permitted, Conditional and Excluded Uses -. Permitted, Conditional and Excluded Uses that may be conducted from property zoned Private Recreation (FP) are identified in Section 19.72.020, Permitted, Conditional and Excluded Uses in Open Space, Park and Recreation, and Private Recreation Zoning Districts. 19.96.050 Subsidiary Uses. The subsidiary uses identified in Section 19.84.020 (R) may be permitted with a conditional use permit issued by the Planning Commission when such uses are intended: A. To serve primarily the convenience of persons drawn to the site to engage in the activities authorized thereon as the principal use; B. To operate in conjunction with, and be subsidiary to, any of the principal uses described in Section 19.84.020 19.96.060 Permits Required for Development At the inception of a rezoning to the FP classification, such rezoning shall be accompanied by a simultaneous request for use permit approval, in accord with the requirements of Chapter 19.12. 19.96.070 Application Requirements. A development plan shall be approved in conjunction with each request for rezoning to the FP district, or with each separate use permit application subsequent to such rezoning. The development plan shall, in addition to information required by Chapter 19.12, include, but shall not be limited to the following content: A. Definition of uses within the buildings, a use distribution table setting forth the property size, and the amount of land devoted to the principal recreation use or uses and support activities; B. Depiction of surrounding uses at least one hundred feet in each direction from the perimeter of the project; existing and proposed private and public streets which provide ingress and egress to the site; the location of driveway aprons and pedestrian paths; -272- .. C. A drawing describing the areas to be landscaped within the development, including areas adjacent to streets. The functional aspects of landscaping design shall be described, including but not limited to how landscaping is used to screen parked vehicles, to enhance the enjoyment of activity areas or separate activity areas from adjoining uses, and provide an aesthetically pleasing design element; E. A description of the phasing of construction for the development, including a tentative time schedule and plan describing the extent of building square footage and land area involved with each phase of the development. (Ord. 1601, Exh. A (part), 1992) 19.96.080 Performance Standards. A. General. Individual use permit requests for development of facilities in the FP zone shall be subject to application of performance standards. The performance standards and potential mitigation strategies listed in Section 19.96.080C shall: Serve as guidelines applied by the Planning Commission and City Council in a manner which best accomplishes the intent of the FP zone; 2 Ensure adequate mitigation of potentially detrimental impacts associated with a specific use in a specific location. B. Priority of Recreational Development. The City Council may approve a private recreational use which is found to be inconsistent with any minimum performance standard stated in this chapter upon finding that: There is an offsetting factor of need for that use; 2. The use is of interest to residents of Cupertino over uses which draw from a regional area. C. Impact Mitigation Standards. The following chart shall be used to determine the level of performance appropriate to each category in which one or more significant impacts may occur to adjoining property and /or to the community at large as a result of any new or expanded use in the FP zone. The City may impose specific mitigation strategies as conditions of use permit approval to ensure compliance with the general performance standards, except as noted in Section 19.96.08013 above: Performance Standards Category Criteria Noise. 1. General Standards - Adjoining properties shall be protected from noise levels exceeding noise ordinance standards -273- Me (Ord. 1601, Exh. A (part), 1992) -274- e 2. Potential Mitigation Strategies - Provide physical barrier between noise source and sensitive receptor -Limit hours of operation - Prepare noise report describing detailed mitigation solutions Traffic. 1. General Standard - Conform to extraordinary use policy for uses located in urban settings - Maintain existing LOS for nonurban street system locations 2. Potential Mitigation Strategies - Prepare traffic report to ensure compliance with current standards - Provide off -site roadway capacity improvements -Limit hours of operation or peak hour activit htrusion. 1. General Standard - Adjoining properties shall not be subject to intrusion from dust, odor, direct visual access or glare from artificial lighting 2. Potential Mitigation Strategies - Provide visual barrier between activity area and adjoining properties - Specify cleanup interval for waste removal/ dust control - Control ventilation of fossil fuels and other combustibles -Employ shielded lighting fixtures near roadways, homes or parks Landscape. 1. General Standards - Provide extensive landscaping for functional and decorative purposes where context so demands - Maintain and enhance natural landscape elements in rural and hillside areas 2.Potential Mitigation Strategies -Use street frontage landscaping to reinforce neighborhood setting (setbacks, plant types, tree spacing) -Use interior perimeter landscaping to control visual intrusion, separate conflicting uses, offset large impervious surface areas - Preserve healthy native tree specimens, especially oaks and redwoods - Select plant palette to complement natural materials and landforms - Minimize disturbance of natural grade; avoid exaggerated pad elevations Context. 1. General Standards - Project design should complement the principal activity objective for the site's geographic setting 2. Potential Mitigation Strategies -Rural Context. Preserve hillsides as quiet residential and open space areas - Semirural Context. Preserve delicate natural ecology of floodplain and lower foothills -Urban Context. Maximize recreation potential where population is most highly concentrated (Ord. 1601, Exh. A (part), 1992) -274- e CHAPTER 19.100: ACCESSORY BUILDINGS /STRUCTURES Section 19.100.010 Applicability of Regulations. 19.100.020 Accessory Uses and Facilities. 19.100.030 Site Development Regulations. 19.100.010 Applicability of Regulations. The regulations established by this chapter shall be applicable in each district established by this title. (Ord. 1601, Exh. A (part), 1992) 19.100.020 Accessory Uses and Facilities. A. Accessory uses and facilities shall be permitted in any district where incidental to and associated with a permitted use and authorized conditional use therein, subject to the provisions of the section. B. Accessory uses and facilities: 1. Shall be subordinate to the primary activity of the principal use or principal facility, respectively; 2. Shall contribute to the comfort, convenience, efficiency or necessity of the occupants, or the activities of a principal use, or the function of a principal structure; 3. Shall be located on the same site as the principal use or structure served. C. Accessory uses and facilities include, but are not limited to, the following list of examples, provided that each accessory use or facility shall comply with all provisions of this title: 1. Residential garages, and parking facilities, together with access and circulation elements necessary thereto; 2. Customer, visitor and employee parking facilities, and off - street loading facilities, together with access and related elements necessary thereto; 3. Facilities for storage incidental to a principal use; 4. Recreational uses and facilities for the use and convenience of occupants or employees, or guests thereof, of a principal use or facility; 5. Newsstands, gift shops, drugstores, and eating and drinking facilities, or similar services intended solely for the convenience of occupants or employees, or guests thereof, of a principal use or facility; -275- 491 Building management offices, when located within the principal facility and limited to the management thereof; 7. Refreshment and service facilities in parks, playgrounds, and in permitted public or private recreation facilities or schools; 8. The operation of service facilities and equipment in connection with schools, hospitals and similar institutions or uses, when located on the site of the principal use. D. No use or facility permitted as an accessory use or facility pursuant to this chapter shall be construed to be permitted as a principal use or facility unless specifically authorized as permitted or conditional use in the district in which it shall be located. Operation, occupancy and continuance of allowable accessory uses and facilities shall be conditioned upon continued occupancy or use of the principal use or facility being served. (Ord. 1601, Exh. A (part), 1992) 19.100.030 Site Development Regulations. A. General Regulations. Except as otherwise provided in this section, accessory buildings shall at all times be located in conformance with requirements for principal buildings, and shall not be located in any required front, sides, or rear yard setback area. B. Residential and Agricultural Zones. In residential and agricultural zoning districts, accessory buildings and structures may be located in a required interior yard, subject to the restrictions in Table 19.100.030. Table 19.100.030 Site Development Regulations. 1. Accessory buildings and structures (including decks and patios) which are attached to principal dwellings a. Ground level paving, landscape Excluded from lot coverage regulations features, and open recreational facilities b. Attached accessory Must meet all site development regulations, buildings/ structures including setbacks, height and lot coverage regulations applicable to principal dwellings in the applicable zone. C. Attachment to principal dwelling Must be structurally integrated with the rind al welling. d. Unenclosed Patio Covers Setback from rear property line = 10 feet e. Attached Recreational Structures with Setback from any property line = 10 feet a floor or a step height greater than 18 inches above any point of the adjoining finished grade f. First -floor decks and patios, other than Setback from any property line = Three (3) feet described in (e) above -276- E•. g. Second story decks and patios As set forth in each of the individual chapters. If not identified in that zoning ordinance: Minimum side yard setback = 15 feet Minimum rear yard setback = 20 feet Encroachment into required front yard setback = 3 feet maximum 2. Detached Accessory Buildings/ Structures in R -1, RHS, A, A -1 and R -2 Zoning Districts a. In R -1, RHS, A and A -1 zones: i. Area of Accessory Limited to the gross building area as per Section Buildings/ Structures, not including 19.84.030(D) g arage space ii. Basements in Accessory Shall count as floor area. Buildings/ Structures iii. Basement lightwells in Accessory Shall conform to Section 19.28.070 Buildings/ Structures iv. Accessory Buildings/ Structures with Shall conform to Chapter 19.84 living space b. Maximum lot coverage 30% of the useable rear yard area C. Minimum setback from principal 5 feet (measured between the eaves) dwellin d. Minimum Setback (except for detached recreational buildings/ structures in 2(j)) i. Front 20 feet in residential zones 30 feet in agricultural zones ii. Rear Three (3) feet iii. Side Interior side - Three (3) feet Street side on corner lot -15 feet Street side on corner lot adjacent to key lot - 20 feet e. For interior lots abutting only one No detached accessory building or structure, street, in R -2 and R -3 zones except a detached garage, may occupy the front 50% of the lot area. f. Small, portable storage buildings less 1. Setback from principal dwelling unit may be than 6 feet in height, not attached to a less than five (5) feet and building, permanent foundation or 2. Setback from any property line must be at pad least three (3) feet. �. Maximum Height 20 feet (limited to one story) h. Maximum Wall Plane Height 1. Shall not exceed seven (7) feet beginning at a three (3) foot setback from rear or side property lines. 2. 3. The wall plane height may be increased by one foot for each additional one and one -half feet of setback (corresponding to a thirty - three- degree angle), up to a maximum wall plane height of fifteen feet, as depicted in the diagram attached to the ordinance codified in -277- 493 -278- Em this title. i. Walls less than five (5) feet from a 1. May have windows if they have obscured property line glass or have a sill height above five (5) feet from the floor. 2. This does not apply to skylights or windows which face a right -of -way or a non - residential zoning district. j. Detached recreational buildings/ Setback from any property line = 10 feet other structures with a floor or step height than affixed play structures in 2(k) below. greater than 18 inches above any point at the adjoining finished grade k. Affixed play structures, such as a Allowed in setback area defined in 2(j) above swing or climbing apparatus provided that: 1. Setback from any property line = three (3) feet, and 2. If it does not comply with the requirements of Sections 19.100.030(B)(2)(h) and (2)(j) above, shall meet one of the two conditions below: h. It is adjacent to the front or street side property line of a corner lot or ii. If the structure exceeds the requirements relative to a property line other than the front or street side property line of a corner lot, the immediately adjacent property owner agrees to the location prior to construction. -278- Em CHAPTER 19.104: SIGNS Section 19.104.010 Purpose and Intent 19.104.020 Applicability of Regulations 19.104.030 Permit Required 19.104.040 Sign Permit Application Requirements 19.104.050 Sign Permit Application - Review Criteria 19.104.060 Inspection Requirements 19.104.070 Appeals 19.104.080 Obstructions Prohibited 19.104.090 Construction and Maintenance Specifications. 19.104.100 Signs Exempt from Permit Requirements. 19.104.110 Prohibited Signs. 19.104.120 Signs in Special Planning Districts. 19.104.130 Sign Program - Applicability, Requirements and Findings. 19.104.140 Permanent Wall Signs. 19.104.150 Permanent Window Signs, Blade Signs & Logos, Symbols or Insignias. 19.104.160 Ground Signs. 19.104.170 Gasoline Station Signs. 19.104.180 Electronic Readerboard Signs, Changeable Copy Signs, Exposed & Visible Neon Signs, Decorative Statuary and Beverage Container Recycling Signs. 19.104.190 Signs in and near Residential Districts. 19.104.200 Freeway Orientation. 19.104.210 Landmark Signs. 19.104.220 Design Criteria - Permanent Signs. 19.104.230 Illumination Restrictions. 19.104.240 Temporary Signs- Location. 19.104.250 Temporary Flags, Garage Sales, Temporary Political Signs and Subdivision Signs 19.104.260 Temporary Real Estate Signs and Project Announcement Signs 19. 104.270 Temporary Special Event Banners, Promotional Devices, and Portable Signs and Displays. 19.104.280 Temporary Window Signs. -279- 495 19.104.290 Exception - Findings. 19.104.300 Enforcement of Provisions. 19.104.310 Nonconforming Signs. 19.104.320 Abandoned or Discontinued Signs. 19.104.330 Illegal Signs- Notice Required - Summary Removal Authorized When. 19.104.340 Authority to remove illegal signs in public right -of -way. 19.104.350 Storage of Removed Signs. 19.104.360 Owner Responsible for Removal, Alteration or Relocation Costs. 19.104.370 Illegal Signs- Deemed Public Nuisance -Court Action Authorized. 19.104.380 Violation Deemed Infraction - Penalty. 19.104.010 Purpose and Intent. A. The purpose of the sign ordinance is to identify and enhance businesses while maintaining the aesthetic appearance of the City. B. A good sign program will provide information to the public concerning a particular business or use and will serve the visual and aesthetic desires of the community. C. The City has adopted this title with the intent to: 1. Provide architectural and aesthetic harmony of signs as they relate to building design and surrounding landscaping; 2. Provide regulations of sign dimensions and quantity which will allow for good visibility for the public and the needs of the business while providing for the safety of the public by minimizing distraction to the motorist and pedestrian; 3. Provide for sign regulations that will be compatible with the building, siting, and the land uses the signs are intended to identify; 4. Provide for maintenance of existing signs and a program for bringing nonconforming signs into conformance with the standards of this title as changes are made to the signs or businesses; 5. Provide procedures which will facilitate the efficient processing of sign applications; and 6. Provide design criteria which will promote attractive and effective signs for Cupertino residents, businesses, employees and visitors. (Ord. 1624, (part), 1993; Ord. 1987, (part), 2006) 19.104.020 Applicability of Regulations. It is unlawful for a sign to be placed, erected, moved, reconstructed or altered unless made to comply with the provisions of this title. off-Mill E•• 19.104.030 Permit Required. All signs which are not exempted by Section 19.104.100 require a sign permit to be approved by the Director. The Director shall review and approve, approve with conditions or deny the application within thirty calendar days from receiving an application for a sign. 19.104.040 Sign Permit Application Requirements An application for sign approval shall, in addition to information required in Chapter 19.12, Administration shall contain information regarding the size, color and samples, illumination intensity and type, materials, number, location, type of signs, and the location of the business on the site. 19.104.050 Sign Permit Application - Review Criteria The Approval Body shall review the sign application to ensure that the following criteria are met: A. The proposed sign meets the requirements of this title or any special conditions imposed in the development. B. The proposed sign's color and illumination is not in conflict with the safe flow of traffic on the City streets. C. The sign is in conformance with the Design Criteria in Section 19.104.220 of this Title. 19.104.060 Inspection Requirements. The Building Inspector or Planner shall have the authority to review the light intensity of all illuminated signs with the power to require reduction of the light intensity to ensure that the sign's illumination does not exceed the illumination standards as regulated by Section 19.104.230. 19.104.070 Appeals. A decision by the Approval Body regarding the approval or revocation of a sign permit or removal of a sign may be appealed pursuant to Chapter 19.12, Administration. 19.104.080 Obstructions Prohibited. No sign or other advertising structure shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window, fire escape, driveway, sidewalk or bike path. 19.104.090 Construction and Maintenance Specifications. A. All signs shall conform to the building and wind load requirements of the Uniform Building Code and Uniform Electrical Code as adopted in Title 16 of the Cupertino Municipal Code. B. All signs with internal illumination shall be constructed of noncombustible materials, be approved by Underwriters Laboratory (UL), U.S. Bureau of Standards, or other similar institution of recognized standing, and be maintained in satisfactory condition or be immediately repaired or replaced. -281- 497 C. All electrical, gas or other utility service and other pertinent fixtures shall be placed underground. D. Guy wires or cable supports used to brace the sign shall not be visible to the observer. E. No sign shall be suspended by chains or other devices that will allow the sign to swing due to wind causing wear on supporting members. F. All signs shall be maintained in safe, unbroken, and structurally sound manner, including the replacement or repair of any defective parts, painting, cleaning and any other work necessary to maintain the sign and any landscape planter associated with the sign. 19.104.100 Signs Exempt from Permit Requirements. The following signs do not require a permit from the City, providing they comply with the following regulations: A. Directory Signs. Directories located within the interior of a project which are not oriented to a public street; B. Garage Sale Signs. Garage sale signs subject to the limitations in Section 19.104.250 and Chapter 5.16 of this code; C. Governmental Signs. Governmental signs for control of traffic and other regulatory purposes, street signs, danger signs, railroad crossing signs, and signs of public service companies indicating danger and aids to service or safety; D. Identification Signs. Identification signs for a business or profession which are not illuminated, and which are less than two square feet in area, located on portions of a building, shopping mall or office complex; E. Information Signs. Informational or directional signs which are located entirely on the property to which they pertain and are less than four square feet in area. No more than 33% of the sign area of each sign can be devoted toward business identification of the business located on the property; F. Temporary Political Signs. Temporary political signs subject to the limitations in Section 19.104.250; G. Public Notices. Public notices or posters as legally required by a government agency; H. Residential Real Estate Signs. Real estate for sale /for lease /for rent signs, subject to the limitations in Section 19.104.260; I. Non - residential Real Estate Signs. Non - residential real estate for sale /for lease /for rent signs subject to the limitations in Section 19.104.260; J. Street Address Numbers. Address numbers in all districts, providing they are not meant as an advertising mechanism; K. Logos, Symbols or Insignias. Logos, symbols or insignias, commemorative plaques of recognition and identification emblems of religious orders or historical agencies, provided that such signs are placed on or cut into the structure are not internally illuminated, and do not exceed nine square feet in area; -282- -0 L. Window Signs. Window signs subject to the limitations in Sections 19.104.150 and 19.104.290. One "OPEN" sign not exceeding two square feet and of any material may be placed in a window without penalty towards window coverage limitations; M. Bus Shelter Signs. Signs installed in Santa Clara County Transit Agency bus shelters; N. Civic Event Signs. Civic and/or City- sponsored events signs on City property; O. State and/or Federal Mandated Signs. State and/or federal mandated signs, including state lottery and certified smog station signs; P. Pedestrian Oriented Blade Signs. Blade signs that are not internally illuminated. Such signs shall be less than 6.5 square feet in area and installed at a height between eight feet and twelve feet above pedestrian walkways. 19.104.110 Prohibited Signs. The following signs are not permitted in the City: A. Advertising Statuary; B. Animated Signs. Animated signs except for banners, flags, pennants and balloons permitted on a temporary basis as regulated in Section 19.104.260, and electronic readerboard signs as permitted in Section 19.104.180; C. Audible Signs. Advertising displays which emit audible sound, odor or visible matter; D. Off -site Signs. Any off -site sign except as may be permitted in Section 19.104.240, 19.104.250 & 19.104.260; E. Portable Signs. Portable signs except as may be permitted in Section 19.104.270; F. Roof Signs. Any permanent roof sign; G. Traffic Conflict Signs. Signs which because of color, wording, design, location or illumination resemble or conflict with any traffic - control device or with the safe and efficient flow of traffic; H. Vehicle Signs. The parking of any vehicle or trailer, on either public or private property which is visible from a public right -of -way, which has affixed to it a sign which is intended to attract or direct customers to a business on or near the property is prohibited. This subsection is not intended to apply to standard advertising or identification practices where such advertising displays are painted on or permanently attached to a business or commercial vehicle which is actively being used by the business unless the vehicle is in violation of the parking ordinance (Chapter 19.124 of the Cupertino Municipal Code). 19.104.120 Signs in Special Planning Districts. Any business regulated by the Monta Vista Design Guidelines, Heart of the City Specific Plan or any area regulated by a specific plan shall be subject to the sign regulations contained within those plans. For all sign regulations not addressed in the Special Planning District plans, the requirements of this chapter will apply. 19.104.130 Sign Program - Applicability, Requirements and Findings. A. Applicability. -283- e All developments in a commercial, office, industrial, institutional, or residential district, with four or more tenant spaces on the same parcel, shall adopt a comprehensive sign program to encourage creativity and ensure high quality in the design and display of multiple permanent signs. 2. The adoption of a sign program shall be required at the time of the initial construction of a new project. Existing developments in the city which do not have a comprehensive sign program shall be required to adopt one when the first tenant in the project requests a change of face as defined in this title. Thereafter, all subsequent changes of face in the project shall be required to conform to the adopted program. B. Application requirements. On any commercial, office or industrial site, or building requiring a sign program, the owner shall submit to the Director a sign program application containing the following: 1. An accurate site plan of the site showing the location of buildings, parking lots, driveways, and landscaped areas on the lot, at such scale as the Director may reasonably require; 2. Computation of the proposed maximum total sign area, the proposed maximum area of individual signs, allowed maximum total sign area, allowed maximum area of individual signs, the height of signs and the number of freestanding signs; and Specifications with regard to: a. Sign type (individual channel letters, wood signs, etc.); b. Lighting; c. Location of each sign on the buildings; d. Materials; e. Sign proportions; f. Any other pertinent information as required by the Director. C. Findings. The Director of Community Development may approve a Sign Program if the following findings are made: The Sign Program complies with the purpose of this Chapter. 2. Proposed signs are creative, and are in harmony with the structures they identify, other signage on the site, and the surrounding development. ., 500 The Sign Program contains provisions to accommodate future revisions that may be required because of changes in use or tenants. D. Minor modifications to the requirements of this Chapter may be permitted, provided that the proposed Sign Program meets the following criteria in addition to 1724.020C: Special circumstances, unique to the site and building locations, exist that require a modification from the standards in this Chapter. 2. Demonstrates unique design and exhibits a high degree of imagination, inventiveness, spirit, and thoughtfulness. Provides high quality graphic character through the imaginative use of color, graphics, proportion, quality materials, scale, and texture. 19.104.140 Permanent Wall Signs. Table 19.104.140 sets forth the rules, regulations and processing applicable to permanent wall signs. 19.104.150 Permanent Window Signs, Blade Signs & Logos, Symbols or Insignias. Table 19.104.150 sets forth the rules, regulations and processing applicable to Permanent Window Signs, Blade Signs & Logos, Symbols or Insignias. 19.104.160 Ground Signs. Table 19.104.160 sets forth the rules, regulations and processing applicable to Ground Signs. 19.104.170 Gasoline Station Signs. Table 19.104.170 sets forth the rules, regulations and processing applicable to Gasoline Station Signs. 19.104.180 Electronic Readerboard Signs, Changeable Copy Signs, Exposed & Visible Neon Signs, Decorative Statuary and Beverage Container Recycling Signs. Table 19.104.180 sets forth the rules, regulations and processing applicable to Electronic Readerboard Signs, Changeable Copy Signs, Exposed & Visible Neon Signs, Decorative Statuary and Beverage Container Recycling Signs. 19.104.190 Signs in and near Residential Districts. Table 19.104.190 sets forth the rules, regulations and processing applicable to Sibs in and near Residential Districts. 19.104.200 Freeway Orientation. Table 19.104.200 sets forth the rules, regulations and processing applicable to Freeway Orientation of Sibs. -285- 501 Table 19.104.140: Wall Signs CDD - Community Development Director; PC - Planning Commission; DRC - Design Review Committee; s.f. = square feet; ft = feet -28(6-02 Use/ Number Size Location Review Review Allowed Area & Maximum Zoning Authority Criteria Length Area • One sign per business with • 1 s.f. per linear ft of • No more than one wall sign per frontage exterior frontage store frontage on which sign is located. • One additional for: • 70% of store • Shall not project above the roof or top of - Businesses with no ground frontage maximum parapet, unless it is an integral part of the sign and adjacent to more face of an architectural projection. than one street or shopping center driveway. - Sign directed to interior of • Length = total Meets project and not visible from combined length of Design Commercial any public right -of -way. each row of sign copy 200 s.f. CDD Criteria in & Industrial - Single tenant building pad • Minimum area = 20 • No projecting wall sign shall extend into Section with more than 5,000 s.f. s.f. a public right -of -way more than twelve 19.104.220 inches. Any projecting sign shall have a vertical clearance of at least fifteen feet Wall above a private or public vehicular Signs roadway, alley, driveway or parking area, and at least eight feet above a sidewalk, pedestrian mall or landscaped area. • One sign per business with • 1 s.f. per linear ft of exterior frontage business frontage on which sign is located. • One additional for: • 70 % of business Office & - Businesses with no ground frontage maximum Same as Institutional sign and adjacent to more 40 s.f. Same as above CDD above than one street or major shopping center driveway. - Sign directed to interior of • Length = total project and not visible from combined length of any public right-of-way. each row of co CDD - Community Development Director; PC - Planning Commission; DRC - Design Review Committee; s.f. = square feet; ft = feet -28(6-02 Table 19.104.150: Permanent Window Signs, Blade Signs & Logos, Symbols or Insignias CDD - Community Development Director; PC - Planning Commission; DRC - Design Review Committee; s.f. = square feet; ft = feet -2875,03 Use/ Zonin Number Maximum Area Location Review Authority Review Criteria • Considered part of wall sign area. Perimeter neon • 25% of window surface of A. Permanent One or more each storefront bay. window CDD Meets Design Criteria in Section Window Signs • Neon window sign = 4 s.f. signage not 19.104.220 allowed. • One "OPEN" sign less than two s.f. exempt All except One on each Between 8 ft Shall be pedestrian oriented only B. Blade Signs residential frontage up to a 6 .5 s.£ and 12 ft above • Illuminated - CDD and shall meet Design Review districts maximum of two. pedestrian • Not illuminated - Exempt Criteria in Section 19.104.220 walkways. C. Logos, All except Same as Section Same as Section •Illuminated -CDD Shall meet Design Review Symbols or residential 14.24.050. 9 s.f. 17.24.050 •Not illuminated - Exempt Criteria in Section 19.104.220 and Insignia g districts restrictions in Section 19.104.190 CDD - Community Development Director; PC - Planning Commission; DRC - Design Review Committee; s.f. = square feet; ft = feet -2875,03 Table 19.104.160: Ground Signs CDD - Community Development Director; PC - Planning Commission; DRC - Design Review Committee; s.f. = square feet; ft = feet WIN / Zoning g Number Size Location Review Authority Review Criteria Allowed Area Maximum Height & Length • Shopping Center or multitenant • One sign if • One s.f. per • Corner property: Sign has to be located on commercial minimum 100 ft four linear ft of • Eight ft. street frontage with the site's address. development with street frontage.- street frontage a center name shall emphasize that name • Two signs if 500 • Maximum • Every ground sign shall be located wholly • Shall meet Design ft street frontage Area =100 s.f. on the property for the use which the sign is Criteria in Section advertising is located on. 19.104.220 • V- shaped ' Street address and signs with numbers or range more than two of numbers for • No portion of any ground sign shall be faces: Area of businesses shall be located closer than one foot from the public All non - all faces of sign clearly identified right -of -way. Ground residential = Total Sign in numbers not CDD Sign Area. less than 5 inches areas in height. • Double faced • No portion of any sign over three feet in signs: Area of height shall be located within a corner larger r face of triangle or sidewalk site triangle. (See sign Total Appendix A -4, A -5 & A -6) Sign Area. • Signs on interior lots < 200 ft of frontage • Maximum shall be located within the center 50% of the number of lot frontage. tenants on sign •Interior lots > 200 ft of frontage shall locate = six ground signs no closer than 50 ft from a side property line. (See Appendix A -7) • No ground sign shall be located closer than one hundred feet from any other ground sign on the same property. CDD - Community Development Director; PC - Planning Commission; DRC - Design Review Committee; s.f. = square feet; ft = feet WIN Table 19.104.170: Gasoline Station Signs Type of Sign Number Size, Maximum Area Location Review Review Criteria and Allowable Area Authority A. Wall Sign Same as Section 19.104.140 Same as Section Same as Section CDD ' Meets Design Criteria in Section 19.104.140 19.104.140 19.104.220 B. Ground 1 ground sign regardless of Same as Section Same as Section CDD ' Meets Design Criteria in Section Sign frontage 19.104.160 19.104.160 19.104.220 C. Fuel Price Fuel price sign to be Computes toward ' Is incorporated into the design of the Ground Sign incorporated into the design of Allowable Ground Sign See above CDD ground sign the ground sign Area • Letter size of price display on fuel price sign shall not exceed minimum specifications contained in Section 13532 of the California Business and Professions Code • Meets Design Criteria in Section 19.104.220 If service station is not identified on ground sign, in addition to any wall sign Number of product prices Attached to the wall of D. Fuel Price allowed to the service station on fuel price sign not to the building facing the CDD • Same as above Wall Sign per Section 19.104.140, a exceed eight per face. public street second fuel price sign is allowed. CDD - Community Development Director; PC - Planning Commission; DRC - Design Review Committee • f 30 Table 19.104.180: Electronic Readerboard Signs, Changeable Copy Signs, Exposed or visible Neon Signs, Decorative Statuary & Beverage Container Recycling Signs CDD - Community Development Director; PC - Planning Commission; DRC - Design Review Committee; S.f. = square feet; ft = feet Mc Size & Use/ Zoning Number Height Location Review Authority Review Criteria One sign for centers with 20 • No closer than • Background of electronic tenants or more & 50,000 s.f. 500 ft from any readerboard will be the same A. Electronic of gross floor area Same as residential district color as the primary Readerboard Commercial Section on the same street PC background. If not practical, Signs 19.104.160 as the sign. then a color that is • Same as Section complimentary to the back 19.104.160 ground color shall be used. Included • Deemed necessary to the type in total of merchandising of that B. Changeable Commercial N/A allowable N/A CDD business. Shall consist of Copy Signs wall sign permanent sign and symbols or letters made of high quality & area. durable materials. C. Exposed or Shall meet Illumination visible Neon All N/A N/A N/A DRC Restrictions in Section signs 19.104.230 • If Decorative Statuary - DRC • In conjunction with the overall • If DRC determines it is Fine architectural design of the D. Decorative All except residential N/A N/A N/A Art, it may refer to another building, the landscaping Statuary districts commission scheme and the sign program for • If not publicly visible, then the business. exempt • Dealer subject to provisions of • Wall signs - as allowed by California Beverage Container Section 19.104.140 Recycling and Litter Reduction • Ground signs - as allowed Act of 1986. by Section 19.104.160 • Sign should contain E. Beverage g Where 10 s.£ information concerning a Container allowed maximum N/A N/A certified recycling center as Recycling • One building mounted described in Sections 14570 & sign 14571 of Public Resources Code. • Certified Redemption Center sign - subject to limitations and review procedure of zoning district where it is located. CDD - Community Development Director; PC - Planning Commission; DRC - Design Review Committee; S.f. = square feet; ft = feet Mc Table 19.104.190: Signs in and near Residential Districts CDD - Community Development Director; PC - Planning Commission; DRC - Design Review Committee; S.f. = square feet; ft = feet Table 19.104.200: Freeway Orientation Use/ Number Size Location Approval Authority Review Criteria Area Height Zoning • Oriented to regular street Authority • Wall Sign - • Wall Sign - ' No internally illuminated • 1 per business/ • Wall Sign - Same as Same as Section Same as Section sign permitted within 100 ft Commercial, tenant in a building A. Signs near All except Section 19.104.140 19.104.140 19.104.140 from any residential occupied two or • Shall meet design Residential Districts residential • Ground Sign - Same as • Ground Sign - • Ground Sign - districts except if the sign CDD criteria specified in 5272 of the State of California Business and Section 19.104.160 Same as Section Same as Section face is mounted so it is not Section 19.104.220 Professions Code shall be regulated by the visible to any residence "Advertisers" chapter of that code. Commercial, Subject to Section 19.104.160 19.104.160 within 100 It of the si C. On -site B. Name plates, 19.104.260 Section mounted Section 19.104.260 - CDD Subject to Section 19.104.260 temporary signs Office streets or Unit Residential One or more 2 s.f. or less N/A N/A CDD numbers Industrial & Not Allowed Signs Office • One sign for interior • If one sign allowed, at • Shall contain only lot major entry. name and address C. Development Residential 32 s.f. 5 ft CDD of development. Identification Signs •Two signs for corner • If two allowed, one on • Shall meet design development each street front. criteria specified in Section 19.104.220 CDD - Community Development Director; PC - Planning Commission; DRC - Design Review Committee; S.f. = square feet; ft = feet Table 19.104.200: Freeway Orientation CDD = Community Development Director; PC = Planning Commission -2915-07 Areas Number Sign Size Location Approval Authority Review Criteria • Oriented to regular street • Applies to all signs within 660 ft of system adjoining the property "landscaped freeway' measured from edge of • 1 per business/ rather than exclusively visible right -of -way Commercial, tenant in a building See Section Building from the freeway -CDD A. Wall Signs Industrial & occupied two or 19.104.140 mounted • Freeway Orientation - PC • Signs not exempted or excluded by Section Office more tenantnt s. 5272 of the State of California Business and • Maximum two. Professions Code shall be regulated by the "Advertisers" chapter of that code. Commercial, Subject to Section Subject to Building Limited time period subject to C. On -site Industrial & 19.104.260 Section mounted Section 19.104.260 - CDD Subject to Section 19.104.260 temporary signs Office 19.104.220 Commercial, B. Freestanding Industrial & Not Allowed Signs Office CDD = Community Development Director; PC = Planning Commission -2915-07 19.104.210 Landmark Signs. Existing ground signs that have been designated by the City as Landmark Signs (see Appendix A -8: Landmark Signs) are exempt from the Nonconforming Sign regulations in Section 19.104.310. A. Such signs may be structurally reinforced or rebuilt, after damage or destruction, to its original design and specifications. B. Minor modifications to such signs may be allowed such that they do not distract from or alter the unique architectural style of the sign, with a Director's Minor Modification. 19.104.220 Design Criteria - Permanent Signs. Although the aesthetic appearance of signs is subjective, the City recognizes that certain basic design guidelines are needed in order to maintain the City's high quality appearance. The following criteria shall be incorporated into the design of signs. A. Ground signs shall be either housed in a frame or set onto a base, presenting a solid, attractive, well proportioned and balanced appearance. The size and shape of the frame or base shall be proportionate to the size and weight of the sign. Low signs are generally more appropriate on a base, whereas taller signs are generally more appropriate in a frame. (See Appendix A -3, Examples of Well Proportioned Signs, Examples of Signs Not Well Proportioned, on file in the City Clerk and the Planning Department, for examples.) B. Ground signs shall be located within a landscaped area proportionate to the size of the sign. Appropriate landscaping should be placed at the base of the sign. C. All signs shall be architecturally compatible and in harmony with the building with which it is principally associated, by incorporating its colors, materials, shape and design. The sign shall also be compatible with the aesthetic character of the surrounding developments and neighborhood. D. Background panels for multi- tenant ground signs should be harmonious in muted colors. E. Sign copy shall be simple and concise, without excessive description of services or products. F. Internally illuminated signs shall not have a directly visible light source. G. The sign's color and illumination shall not produce distraction to motorists or nearby residents. 19.104.230 Illumination Restrictions. A. The intensity of illumination for signs located within the commercial, office and industrial districts shall not exceed approximately two hundred fifty foot - lamberts. All other districts shall not exceed approximately one hundred foot - lamberts. The foot - lambert readings shall be used as a guide by staff to evaluate signs which are deemed to be a problem to passing motorists or residents in the surrounding neighborhood. -292- 1: B. The color and thickness of the sign panels as well as the brightness of the bulbs used to illuminate the sign shall be designed in such a manner as to avoid excessive illumination and glare. C. Illuminated signs which are not a necessary part of the security lighting system for a business shall be turned off at 11:00 p.m. or within two hours after the business is closed, whichever is the later time. D. All exterior lighting shall be placed in a manner so that the light source will not be seen from off the site. 19.104.240 Temporary Signs- Location. A. No person shall paint, mark, or write on, post, attach or otherwise affix, any temporary sign to or upon any: • public property, sidewalk, crosswalk, curb, curbstone, fence, wall, • public playground equipment and/or facilities, • street lamp post, hydrant, tree, shrub, tree stake or guard, • railroad bridge or crossing, • pole for electric light or power or telephone or telegraph (or other communication service) or upon any fixture of the fire alarm or police telegraph system or upon a lighting system, • public bridge, • drinking fountain, • street sign, traffic sign, • traffic control pole or cabinet, • utility transformer vaults, or • Any other building, structure or device permanently affixed on public property. B. No temporary sign shall be placed, posted or otherwise affixed in the public right -of- way, except as provided in this section. The public right -of -way generally includes the median, street, gutter, curb, sidewalk and landscaped strip on public property. Temporary signs may only be located in the public right -of -way of a residential or institutional district, as defined in this Title. C. Unless otherwise provided for in this chapter, all temporary signs, whether or not located in the public right -of -way shall meet the following: -293- 509 Use/ Zoning Size Time Period Location Review Criteria Maximum Maximum Area Height • Shall not be located on the • Two sides street or on street medians. maximum • Shall not be located on private property without oral or written consent of the owner or person entitled to possession of said property. Except • Shall maintain 36 inches of • Shall not be Political clear and continuous width illuminated. 4 s.f. per Signs, all along a sidewalk or pathway All side 3 ft. signs must plus any other area needed be for handicapped accessibility. removed • All parts of the sign shall be • Shall not restrict in at sunset. set back minimum 18 inches any way the safe from the face of the curb or vision of any from the edge of the street, vehicular or bicycle or vehicle travel lane, pedestrian traffic or whichever is the greatest obstruct any distance from the edge of the directional or safety street, bicycle or vehicle signs permitted by travel lane. the City. D. Persons who place temporary signs in public rights -of -way are encouraged to notify and seek concurrence of adjacent property owner(s) and resident(s) before placing temporary signs. E. The provisions of Section 19.104.240(B), (C), and (D) shall not be applicable to the following: The maintenance of signs affixed or painted upon public or private motor vehicles; 2. The maintenance of signs affixed to Santa Clara County Transit District bus shelters; 3. The maintenance of banners affixed to the top of the city -owned stanchions located at a site over Stevens Creek Boulevard between Wolfe Road and Portal Avenue; 4. The maintenance of banners affixed to the top of the city -owned light poles located over Stevens Creek and De Anza Boulevards; and 5. The maintenance of hazard markers or emergency signs. 19.104.250 Temporary Signs - Flags, Garage Sales, Political Signs and Subdivision Signs Table 19.104.250sets forth the rules, regulations and processing applicable to Temporary Signs - Flags, Garage Sales, Political Signs and Subdivision Signs. 19.104.260 Temporary Signs - Real Estate Signs and Project Announcement Signs Table 19.104.260 sets forth the rules, regulations and processing applicable to Temporary Signs - Residential Real Estate, Non - residential Real Estate Signs and Project Announcement Signs. -294- 510 Table 19.104.250: Temporary Signs - Flags, Garage Sales, Political Signs and Subdivision Signs CDD = Community Development Director; S.f. = square feet; ft = feet -295-511 SiRHeimht Information Maximum m Use/ Zoning Number Time Period Contained Review Criteria Area ' Two weeks for • In conjunction with a grand opening or Number No more each special event special promotional activity. Commercial subject to approval by N/A above than 20 ft ' Shall be removed N/A • Meets Requirements with regard to Special CDD ground within 5 days after Event Banners, Promotional Devices, Portable A. Flags special event Signs and Displays Two flag poles 4 s.f. Residential for each model No more Same as One year N/A N/A home of a new than 2 above development sides B. Garage One on-sit • Must be a bonafide garage sale activity as Sales Residential Three off-sit e g s.f. 6 ft Length of sale N/A defined in Chapter 5.16 of Municipal Code •Off -site signage subject to Section 19.104.240 • No permit required. • Until 5 days after election. • Subject to requirements of Section C. 4 s.f. 19.104.240 Temporary No more • If not removed • If the Director of Public Works finds that a Political All No limit than 2 N/A within time limit, N/A sign otherwise permitted, is an immediate Signs sides City may remove peril or menace to pedestrian or vehicle signs subject to traffic, he or she may cause it to be removed Chapter 17.52. summarily pursuant to Section 19.104.340(C) • Shall meet requirements of Section • One year or until 19.104.240 and permit issued by CDD. all units are sold, Direct • Application shall include a list of all other D. whichever is customers such signs including sign area and street Subdivision Non - Tluee 32 s.f. per 6 ft sooner. along the most location. Signs residential face. • Extensions may direct route . Subdivisions not in Cupertino shall not be be granted. through the permitted such signs. city. • Two sign faces maximum. 0" V" shaped signs prohibited. CDD = Community Development Director; S.f. = square feet; ft = feet -295-511 Table 19.104.260: Temporary Signs - Residential Real Estate, Non - residential Real Estate and Project Announcement Signs CDD = Community Development Director; S.f. = square feet; ft = feet -296-512 Size Number Time Period Information Contained Review Criteria Maximum Maximum Area Height • One freestanding sign per street 4 s.f. 6 ft Length of sale N/A • Subject to requirements of frontage. Two signs Section 19.104.240 maximum. • One building A. Residential mounted banner - in lieu of one 4 s.f. N/A See above N/A N/A Real Estate freestanding si • Subject to requirements of • One offsite for 4 s.f. N/A Remove at sunset N/A Section 19.104.240 & on -site sale /rent sign si a e • Six offsite open N/A N/A Remove at sunset • Subject to requirements of house signs N/A Section 19.104.240 • Length of sale or • One freestanding time to lease /rent. • Name of real estate agent or • No more than two faces. "V" 32 s. f. per 6 • Maybe installed owner, address, phone number signs prohibited. May not sign per street frontage. face. up to thirty days and other pertinent reasonably obstruct visibility of prior to any tenant information. any permanent ground sign. vacant • One building • Allowed only if no B. Non- mounted banner 32 s.f. per Same as Same as freestanding sign placed along residential per elevation facing face freestanding reestanding sign Same as freestanding sign that street frontage. Location Real Estate an adjacent public sign gn shall meet requirements of street. Section19.104.140 • One offsite sign • On private property with per street frontage. Same as approval and consent of • Maximum of two 32 s.f. per freestanding Same as Same as freestanding sign property owner on whose signs per off -site face. sign freestanding sign property sign is to be located. parcel. Shall meet requirements of Section 19.104.240 • One year or until Names of project and owner, • New projects under C. • Two freestanding Combined all units are sold, address, telephone number construction, including Project signs or banners area: 64 6 ft whichever is sooner. contact information, subdivisions of 5 or more units. Announcement maximum s.f. • Extensions may be leasing /sale information, dates Sign of anticipated completion and a granted. list of contractors involved. • Permit issued by CDD CDD = Community Development Director; S.f. = square feet; ft = feet -296-512 19.104.270 Temporary Signs - Special Event Banners, Promotional Devices, and Portable Signs and Displays. A. General Authorization. Special event banners, promotional devices, and portable signs and displays are permitted in all commercial, industrial, office and institutional zoning districts subject to the issuance of a permit by the Director which conforms to the provisions of this section. B. Public objectives. 1. Enhance pedestrian experience, activity and convenience. 2. Maintain the economic stability of the City by enhancing vitality of business. 3. Provide attractive, effective and visible identification reflecting the individual character of the business. C. Special event banners. The Director may issue a permit for a Special Event Banner for each business within the above - described zoning districts under the following provisions: 1. The banner shall only be displayed for a maximum of 120 days within a 360 -day period. 2. The banner shall be building mounted and have only one face not exceeding one hundred square feet in area. 3. The banner shall be placed on a building in accordance with the limitations specified in Section 17.24.050 of this title related to building clearance and roofline levels. 4. Unless otherwise determined by the Director, the display of the banner shall be subject to the tenant schedule for shopping centers as provided in Subsection 19.104.270(E) D. Promotional devices. In addition to special event banners described in division C. above, the Director may issue a permit for a promotional device for each business within the above - described zoning districts under the following provisions: 1. For advertising a special event for an existing business, promotional devices may be displayed for a maximum three -day period, four times within a calendar year. 2. For conducting a grand opening of a new business, promotional devices (other than search lights, hot air balloons or other extremely large devices as determined by the Director) may be displayed during the first year of a new business's operations for the sole purpose of announcing the grand opening of that business. 3. The device shall not displace parking or be located in a landscaped front set back area. 4. The device shall be compatible with adjoining uses, particularly residential uses. 5. Tethered balloons used for promotional purposes may not exceed twenty -five feet above the building where the special event or grand opening is occurring. 6. Unless otherwise determined by the Director, the display of the device shall be subject to the tenant schedule for shopping centers as provided in Subsection 19.104.270(E). 7. Subject to the approval of the Director and the Public Works Department, a promotional device may be located within the public right of way based upon the degree of impact the device will have on traffic circulation as well as upon the environment of the surrounding uses. -297- 513 8. Subject to the approval of the Director and the Public Works Department, traffic /parking directional signs may be used in conjunction with a promotional device during the period of the special event or grand opening. The number and placement of traffic /parking directional signs may be restricted by the Director or the Public Works Department in order to insure adequate sight distances and traffic safety clearance are maintained as required in Section 19.104.240. E. Tenant schedule: Shopping centers with approved electronic readerboard signs shall only be allowed building mounted banners. Freestanding temporary or special event signs for individual tenants are not allowed. Special event signs for center -wide special events are allowed in accordance with the following schedule: Number of Tenants Number of Signs Permitted 20 to 27 tenants - -2 center displays 28 tenants or more --4 center displays F. Portable signs and displays. In addition to special event banners and promotional devices described in divisions C. and D. above, the Director may issue a permit for a portable sign or display for each business location within the above described zoning districts under the following provisions: 1. Portable signs and displays may not be located in areas, either on public or private property, which are used by the public for vehicular or pedestrian traffic or in other areas, which in the opinion of the Director, are a threat to the public health, safety or welfare. 2. Portable signs and displays shall not be permanently attached to the ground or a structure on the premises it is intended to occupy and shall only be displayed during business hours. 3. Design review criteria. Portable signs and displays shall be appropriately designed, installed and maintained with special emphasis on the creative design, character and quality of color and material (vibrant and weather resistant). They shall be complementary to the building architecture and the operation of the business area and shall enhance the overall appearance and texture of the pedestrian shopping experience. 4. Specific standards. Maximum Size 8 s.f Minimum Height 3 ft Maximum Height 4 ft Maximum width 2 ft Min. setback from street curb 2 ft Display Hours Business hours onl Min. pedestridn walkway 5 ft Distance from: W 514 Bus stop zones and /or bus stop furniture 15 ft Disable parking zone 4 ft Must not be: 1. Set in ground 2. Attached to trees, lamp posts, utility poles, street or traffic signs, benches, hydrants, or mailboxes 3. Illuminated 4. Located in any required landscape setback area S.f. = square feet; ft = feet 5. Modification of specific standards. The Director may modify the specific standards described in division 4. Above upon making a finding that special circumstances unique to the site require the application of a modified standard. G. Retail tenants larger than 20,000 square feet may be allowed to have one additional sign for each entrance to the building, up to a maximum of three signs with a permit from the Director. One such sign may be up to six feet tall and twenty four square feet in area if the sign face is not oriented to a public right -of -way. H. Removal of signs. All banners, devices, signs and displays issued under this section must be removed not later than five days after the conclusion of the special event or grand opening to which they pertain. I. The city, pursuant to Section 19.104.340 of this code, may cause the banners, devices, signs and displays remaining after expiration or revocation of the above - described five day period to be removed. 19.104.280 Temporary Window Signs. A. Window signs shall be permitted in all commercial zones. B. The total area of any window obscured by any combination of permanent and temporary window signs shall not exceed twenty -five percent of the window surface of each storefront bay. C. 1. Signs within a window shall be considered temporary if they remain on the window for less than thirty days, and shall not be subject to review. 2. Window signs intended to remain on display for more than thirty days shall be considered permanent window signs as regulated by Section 19.104.150. 19.104.290 Exception - Findings. The Approval Body may grant an exception based upon all the following findings: A. That the literal enforcement of the provisions of this title will result in restrictions inconsistent with the spirit and intent of this title; B. That the granting of the exception will not result in a condition which is materially detrimental to the public health, safety, or welfare; and C. That the exception to be granted is one that will require the least modification of the prescribed regulations and the minimum variance that will accomplish the purpose. -299- 515 19.104.300 Enforcement of Provisions. The Director or his or her designee is empowered to enforce the provisions and requirements of this title and to remove or cause to be removed any sign or other advertising structure which has been constructed, erected, altered, relocated or maintained in violation of this title. Such powers include but are not restricted to provisions and procedures set forth in the following sections of this chapter. Decisions by the Director or his or her designee in relation to this title may be appealed as set forth in Chapter 19.12. 19.104.310 Nonconforming Signs. A. Any nonconforming sign, except Landmark Signs identified in Section 19.104.210, unless made to conform to the provisions of this title, may not be structurally altered, expanded, moved, modified in any way, or be reestablished after 1. Discontinuance for 180 days or more; or 2. Damage or destruction by intentional acts of the owner and /or tenant of the property of more than fifty percent of the sign. B. Any nonconforming sign which was legally erected in accordance with the provisions of the ordinance in effect at the time of erection, or which has a valid permit from the City, shall be permitted to remain until such time as 1. There is a change in the use of the property that the sign is located on; or 2. There are alterations or enlargements to the site or building on the property in excess of twenty -five percent or more of the existing site or building. The amount of alterations shall be cumulative over time. At such time as any of the events mentioned in subsections A and B occur, the sign must be brought into conformance with this title. Any business with a nonconforming sign, other than a Landmark Sign as identified in Section 19.104.210, shall not be entitled to an additional sign unless the nonconforming sign is made to comply with the provisions of this title. 19.104.320 Abandoned or Discontinued Signs. Any sign which pertains to a business or occupation which is no longer using the particular sign or property, or which relates to a time which no longer applies, is prohibited and shall be removed. The structure and copy shall be blanked out or removed within thirty days after the associated business, occupation or event has vacated the premises. An abandoned sign is prohibited and the removal shall be the responsibility of the owner of the sign or the owner of the premises. 19.104.330 Illegal Signs- Notice Required - Summary Removal Authorized When. A. If the Director or his or her designee finds that any sign or other advertising structure has been constructed, erected, altered, relocated or maintained in violation of any of the provisions of this title or any other pertinent ordinance of the City, the Director or his or her designee shall inform the owner and the tenant of the property on which the sign or structure is located, in writing, that the sign or structure must be removed within ten days of receipt of the -300- 516 notice, or an application must be made to the Director for sign approval. Failure to take the required action shall result in a criminal or civil sanction as provided by state law or any legal sanction or remedy set forth in this Code. B. If the Director or his or her designee finds that any temporary sign or advertising device is in violation of this title or any other pertinent ordinance of the City, the Director or his or her designee shall notify the owner of, or tenant using, the sign, in person or writing, that the sign shall be immediately removed. C. If the Director or his or her designee finds that any sign or other advertising structure, whether conforming with the ordinance or not, is an immediate peril or menace to the public, or to any person, the Director or his or her designee shall cause it to be summarily removed. Upon removal, the Director or his or her designee shall give written notice to the owner. 19.104.340 Authority to remove illegal signs in public right -of -way. A. Any illegal signs in the public right -of -way may be removed immediately by the city. B. No notice shall be required prior to removal of illegal signs, including, without limitation, temporary signs, in the public right -of -way. C. Any sign removed by the city, except any sign of de minimus value, shall be held in storage and the owner or other person in control of such sign, if known, shall be given written notice and twenty days to reclaim such sign. D. Any illegal sign in the public right -of -way of de minimus value shall be deemed to be abandoned and may be destroyed by the city after removal. No opportunity to reclaim such sign shall be given by the city. E. For purposes of this section, any sign made of cardboard or other nondurable material shall be deemed to be of de minimus value. 19.104.350 Storage of Removed Signs. Any sign removed by the Director or his or her designee, other than those referred to in Section 19.104.340, shall be stored in the City corporation yard and may be claimed within twenty days after the sign was removed, provided that any cost incurred by the City has been paid, and that a renewal of the building permit for the sign has been secured. If signs are not claimed within twenty days after removal by the City, the City shall dispose of the signs. 19.104.360 Owner Responsible for Removal, Alteration or Relocation Costs. Any cost incurred by the City in the removal, alteration or relocation of any sign pursuant to the provisions of this title or any other pertinent ordinance of the City, shall be paid by the owner or person having beneficial enjoyment of the property upon which such sign is located. 19.104.370 Illegal Signs - Deemed Public Nuisance -Court Action Authorized. In the event any person should erect, alter, relocate or maintain a sign in violation of the provisions of this title, the sign shall be considered a public nuisance and the City Attorney is authorized to bring and prosecute an action in a court of competent jurisdiction to enjoin such person from continuing such violation. The procedures for nuisance abatement are contained in Chapter 1.09 of this Municipal Code. -301- 517 19.104.380 Violation Deemed Infraction - Penalty. Any person, firm or corporation violating any provisions of this title shall be deemed guilty of an infraction, and upon conviction thereof, shall be punished in the same manner as other infractions provided under Chapter 1.12 of this Municipal Code. -302- 518 CHAPTER 19.108: BEVERAGE CONTAINER REDEMPTION AND RECYCLING CENTERS Section 19.108.010 Purpose. 19.108.020 Applicability of Regulations/ Penalty. 19.108.030 Permits Required. 19.108.040 Permits for Multiple Sites. 19.108.050 Criteria and Standards. 19.108.010 Purpose. The purpose of this chapter is to establish regulations regarding beverage container redemption and recycling centers. (Ord. 1682, (part), 1995) 19.108.020 Applicability of Regulations/Penalty. It is unlawful for a recycling facility to be placed, erected, moved, reconstructed or altered unless made to comply with the provisions of this title. Violation of this chapter is an infraction and is punishable as provided in Chapter 1.12 of this code. (Ord. 1682, (part), 1995) 19.108.030 Permits Required. No person shall place, construct, or operate a recycling facility without first obtaining a permit pursuant to the provisions set forth in this section. Recycling facilities may be permitted as set forth in table 19.108.030. Table 19.108.030 Permits Required Type of Facility Zones Permitted Permit Required hldoor Reverse vending machines All commercial None Reverse vending machines . All commercial Admin. Use permit • All industrial • All planned development zones which permit commercial, office and industrial activity • BA and BQ -303- 519 Type of Facility Zones Permitted Permit Required Small collection + All commercial Admin. Use permit a. Grouping of reverse vending . All industrial b. Mobile recycling: enclosed . All planned development vehicle zones which permit commercial, office, and industrial activity • BA and BQ Small collection . All commercial Architectural and Site a. Bulk vending machines . All industrial Approval - DRC b. Kiosk units . All planned development c. Mobile recycling: open vehicle zones which permit d. Mobile recycling: enclosed commercial, office, and vehicle that utilizes external industrial activity collection bins . BA and BQ e. Unattended containers Admin. Use permit Large collection . Light industrial Conditional Use Permit • BA and BQ • All planned development which allows light industrial activities Light processing . Light Industrial Conditional Use Permit • All planned development which allows light industrial activities Heavy processing . Light Industrial Conditional Use Pernut • All planned development which allows light industrial activities (Ord. 1682, (part), 1995) 19.108.040 Permits for Multiple Sites. A single applicant may process an application to allow more than one reverse vending machine installation or small collection facility located on different sites under the following conditions: A. The operator of each of the proposed facilities is the same; B. The proposed facilities are determined by the Director of Community Development to be similar in nature, size and intensity of activity; and C. All of the applicable criteria and standards set forth in Section 19.104.030 of this chapter are met for each such proposed facility. (Ord. 1682, (part), 1995) -304- 520 19.108.050 Criteria and Standards. The criteria and standards for recycling facilities are as set forth in Table 19.108.050: Table 19.108.050: Criteria and Standards -305- 521 Reverse Vending Machines Small Collection Facilities Large Collection Facilities Processing Facilities 1. Collocation Existing commercial uses Existing commercial, office, Not required Not required with industrial and public or quasi - public uses 2. Location • Within a reasonable • Setback at least 10 feet from any • Facility does not abut a • Setbacks and proximity to the entrance to street line and property zoned or occupied landscaping the commercial structure • Shall not obstruct pedestrian or for residential use; requirements shall be and vehicular circulation. . Facility will be screened those provided for the • Shall not obstruct • Sited in a manner that balances the from the public right -of -way zoning district in which pedestrian or vehicular need to provide visual by operating in an enclosed the facility is located; circulation accessibility to the recycling center building or: • Facility does not abut a versus the objective to maintain an • Within an area enclosed by property zoned for attractive streetscape for the an opaque fence at least six residential use; community feet in height with • Processor will operate in • Area for facility clearly marked to landscaping, a wholly enclosed prohibit other vehicular parking • At least one hundred fifty building except for during hours when mobile center feet from property zone or incidental storage, or: is scheduled to be present. occupied for residential • Within an area use, and enclosed on all sides • Meets all noise standards; by an opaque fence or •Setbacks and landscape wall not less than requirements shall be those eight feet in height provided for the zoning and landscaped on all district in which the facility street frontages, is located; • Located at least one hundred fifty feet from a residential zone; -305- 521 -306- 522 Reverse Vending Machines Small Collection Facilities Large Collection Facilities Processing Facilities 3. Maximum • 50 square feet of floor space • 500 square feet and occupy no • 4,500 square feet for Size per installation, including more than five parking spaces not light processing facilities any protective enclosure including space that will be • Heavy processing and periodically needed for removal of facilities may be larger • 8 feet in height materials or exchange of containers 4. Parking • Facility shall not occupy • One space for attendant, if needed • Space will be provided on • Space shall be provided parking spaces required by • No additional spaces required for site for six vehicles or the on site for the the primary use and customers anticipated peak customer anticipated peak load of • Shall be placed on the apron • Attendant parking or facility may load, whichever is higher, to customers to circulate, of the host facility when not reduce available parking circulate and to deposit park and deposit possible spaces below the minimum recyclable materials recyclable materials. required for the primary hose use • One parking space will be • If facility is open to the unless all of the following provided for each public, space will conditions exist: commercial vehicle operated provided for a • The facility is located in a by the recycling center. minimum of ten convenience zone or potential • Parking requirements will be customers. convenience zone as designated as provided for in the zone, • One parking space will by the CA Department of except that parking be provided for each Conservation requirements for employees commercial vehicle • A parking study shows that may be reduced when it can operated by the existing parking capacity is not be shown that parking processing center. already fully utilized during the spaces are not necessary, • Parking requirements time the recycling facility will be such as when employees are will otherwise be as on the site transported in company mandated by the zone • The permit will be reconsidered vehicle to a work facility in which the facility is at the end of 18 months. located. If the permit expires without renewal, the collection facility shall be removed from the site on the day following permit expiration. -306- 522 -307- 523 Reverse Vending Machines Small Collection Facilities Large Collection Facilities Processing Facilities 5. Illumination . Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn 6. Noise • Shall comply with the City's • Shall comply with the City's Noise • Shall comply with the City's • Shall comply with the Noise Ordinance Ordinance noise ordinance City's noise ordinance 7. Accepted 0 • Shall accept only glass bottles, • A processing facility Materials metals, plastic containers, papers may accept used motor and reusable items. oil for recycling from • Used motor oil may be accepted the generator; in with permission of the central fire amounts no greater than district, or other agency which twenty gallons per administers the City's hazardous shipment and the material ordinances. contents of any single • Used motor oil can only be container must not accepted at an attended site exceed five gallons; in having containers approved by the accordance with Section administrator of the City's 25250.11 of the hazardous materials ordinance; California Health and Safety Code; 8. Hours of • Shall be at least the • Attended facilities located with • If the facility is located • If the facility is located Operation operating hours of the host one hundred feet of a property within five hundred feet of within 500 feet of use zoned or occupied for residential property zoned or occupied property zoned or use shall operated only during the for residential use, it shall occupied for residential hours between 9:00 a.m. and 6:00 not be in operation between use, it shall not be in p.m 7:00 p.m. and 7:00 a.m. operation between 7:00 • Containers for the twenty -four- p.m. and 7:00 a.m. hour donation of material shall be Facility will be at least one hundred feet from any administered by on -site property zoned or occupied for personnel during the residential uses unless there is hours the center is open acoustical shielding between the containers and the residential use -307- 523 -308- 524 Reverse Vending Machines Small Collection Facilities Large Collection Facilities Processing Facilities 9. Landscaping . The facility shall not impair the landscaping required for a concurrent use by this title or any permit issued pursuant thereto. 10. Power- . Shall use no power- driven • Power driven processing, • Power driven driven processing equipment except for including aluminum foil and processing shall be Processing bulk reverse vending machines can compacting, baling, permitted, provided all Equipment plastic shredding, or other noise level requirements light processing activities are met. necessary for efficient • Light processing temporary storage and facilities are limited to shipment of material may be baling, briquetting, approved through a use compacting, grinding, permit process or at the shredding and sorting discretion of the Director of of source- separated Community Development if recyclable materials and noise and other conditions repairing of reusable are met. materials. 11. Maintenance • Shall be maintained in a • Shall be maintained free of litter • Site and Donation areas shall • Donation areas shall be litter -free, dust free and any other undesirable be maintained free of litter kept free of litter and condition on a daily basis materials, and any other undesirable any other undesirable • Sanitation control and • Mobile facilities, at which truck or materials, and will be material. practices shall be installed containers are removed at the end cleaned of loose debris on a • Sanitation control and and used to maintain each of each collection day, shall be daily basis. practices shall be site in a manner free of swept at the end of each collection • Sanitation control and installed and used to rodents, insects and other day. practices shall be installed maintain each site in a vectors. • Sanitation control and practices and used to maintain each manner free of rodents, shall be installed and used to site in a manner free of insects, and other maintain each site in a manner free rodents, insects and other vectors. of rodents, insects and other vectors. vectors. -308- 524 -309- 525 Reverse Vending Machines Small Collection Facilities Large Collection Facilities Processing Facilities 12. Construction . Durable, waterproof and • Durable, waterproof and rustproof • Shall be secured from • Shall be secured from Materials, rustproof materials materials unauthorized entry and unauthorized entry and Capacity, • Covered when the facility is not removal of materials when removal of materials Security and attended attendants are not present. when attendants are not Storage • Secure from unauthorized entry or • Containers shall be at least present removal of material 10 feet away from buildings. • All exterior storage of • Of a capacity sufficient to • All exterior storage of material shall be in accommodate materials collected material shall be in sturdy, sturdy nonflammable and collection schedule nonflammable containers containers which are • Shall store all recyclable material which are covered, secure, covered, secured and in containers or in the mobile and maintained in good maintained in good center vehicle and shall not leave condition. condition. materials outside of containers • Baled or pelletized material • Baled or pelletized when attendant is not present. may also be stored. material may also be • Oil storage must be in stored. containers approved by the • Oil storage must be in Fire Marshall. containers approved by • No storage will be visible the Fire Marshall. above the height of the No storage will be fencing. visible above the height of the fence. 13. Facility • Shall be clearly marked to • Shall be clearly marked to identify • The containers shall be • The containers shall be Identification identify the type of material the type of material that may be clearly marked to identify clearly marked to that may be deposited deposited the type of material that may identify the type of • Operating Instructions • Identity and phone number of be deposited material that may be • Identity and phone number operator • Shall be clearly marked with deposited. of operator or responsible • Hours of operation the name and phone number • Shall be clearly marked person to call if the machine . Shall display a notice stating that of the facility operator and with the name and is inoperable no material shall be left outside the hours of operation; phone number of the • Shall display a notice the recycling enclosure or • Shall display a notice stating facility operator and the stating that no material containers that no material shall be left hours of operation shall be left outside the outside the recycling • Shall display a notice recycling enclosure or containers stating that no material containers shall be left outside the recycling containers -309- 525 -310- 526 Reverse Vending Machines Small Collection Facilities Large Collection Facilities Processing Facilities 14. Screening • With the exception of enclosed • No dust, fumes, smoke, mobile recycling vehicles, small vibration or odor above collection facilities shall be ambient level may be screened, via fencing and /or detectable on landscaping, from public streets. neighboring properties • The screening height, density, and location shall be designed to minimize the view of the mobile unit and potential sorting areas from public streets and other public spaces; 15. Signs • Maximum sign area = 4 • Identification signs with a • Identification and • Sign requirements shall square feet, exclusive of maximum of twenty percent per informational signs will meet be those provided for operating instructions side or sixteen square feet, the standards of the zone. the zoning district in whichever is smaller, and • Directional signs, bearing no which the facility is • Informational signs as allowed by advertising message, may be located. the Sign Ordinance installed with the approval • Must be consistent with character of the Director of of the location Community Development if • Directional signs, bearing no necessary to facilitate traffic advertising message, may be circulation. installed with the approval of the Director of Community Development if necessary to facilitate traffic circulation, or if the facility is not visible from the public right -of -way, • The Director of Community Development may authorize increases in the number and size of signs upon findings that it is compatible with adjacent businesses. -310- 526 CHAPTER 19.112: SECOND DWELLING UNITS IN R -1, RHS, A AND A -1 ZONES Section 19.112.010 Purpose. 19.112.020 Applicability of Regulations. 19.112.030 Site Development Regulations. 19.112.040 Architectural Review. 19.112.050 Nonconforming and Illegal Second Dwelling Units. 19.112.010 Purpose. The purpose of this chapter is to promote the goal of affordable housing within the City through provision of additional housing in certain residential and agricultural zoning districts which would otherwise be prohibited in those districts, in a manner which minimizes adverse impacts to neighborhoods. (Ord. 1601, Exh. A (part), 1992) 19.112.020 Applicability of Regulations. Notwithstanding any provision of this title to the contrary, a second dwelling unit is permitted on lots in R -1, RHS, A and A -1 zoning districts, provided that in addition to complying with the site development regulations specified in those districts for dwelling units, such second dwelling unit complies with the regulations contained in this chapter and Chapter 19.80, Accessory Building/ Structures. (Ord. 1901, (part), 2002; Ord. 1601, Exh. A (part), 1992) 19.112.030 Site Development Regulations. Site Development Regulations for Second Dwellings are as identified in Table 19.112.030. Table 19.112.030: Site Development Regulations -311- 527 Lots < 10,000 s.f Lots >_ 10,000 s.f. A. Maximum size of living space, 640 s.f. 800 s.f. exclusive of decks and garages B. Location Must be attached to the May be attached or principal dwelling and detached. integrated with it unless it If detached must conform conforms with Section with Section 19.112.050, 19.112.050, Architectural Architectural Review. Review. C. Direct Outside Access Must be provided without going through the principal dwelling. -311- 527 19.112.040 Architectural Review. Prior to issuance of a building permit for a second dwelling unit, the Director of Community Development shall review the architecture of the proposed dwelling and shall determine that: A. The design of the proposed second dwelling unit is consistent with the architecture of the principal dwelling; B. The building materials of the proposed second unit are compatible with the materials, color and textures of the principal dwelling; C. The proposed second dwelling unit will not require excessive grading which is visible from a public street or adjoining private property. (Ord. 1601, Exh. A (part), 1992) 19.112.050 Nonconforming and Illegal Second Dwelling Units. A. A second dwelling which was constructed prior to the enactment by the City of any ordinance which regulates second dwellings in R -1, RHS, A or A -1 zoning districts but which was constructed in conformance with applicable site development and building code regulations in effect at the time of construction is governed by the provisions of Chapter 19.108, Nonconforming Uses and Facilities. B. Illegal Second Units. A second dwelling which was constructed without a building permit or in conflict with the applicable site development or building regulations at the time of construction may only be permitted upon the owner of such a unit obtaining approval of the Design Review Committee, based upon the Architectural review criteria stated in section 119.112.050, Architectural Review. (Ord. 1901, (part), 2002; Ord. 1601, Exh. A (part), 1992) -312- 528 Lots < 10,000 s.f I Lots >_ 10,000 s.f. D. Screening from a public street All accessed to secondary units shall be screened from a public street. E. Second -story second dwelling Allowed if: unit a. It is attached to the primary residence b. Entry to the second dwelling unit is not provided by an exterior staircase; and c. In the opinion of the Director of Community Development, the second unit does not result in privacy intrusion to adjoining dwellings. F. Parking One additional off - street parking space shall be provided, if the principal dwelling unit has less than the minimum off - street parking spaces for the applicable residential zoning district in which it is located, as required in Chapter 19.124, Parking Regulations. 19.112.040 Architectural Review. Prior to issuance of a building permit for a second dwelling unit, the Director of Community Development shall review the architecture of the proposed dwelling and shall determine that: A. The design of the proposed second dwelling unit is consistent with the architecture of the principal dwelling; B. The building materials of the proposed second unit are compatible with the materials, color and textures of the principal dwelling; C. The proposed second dwelling unit will not require excessive grading which is visible from a public street or adjoining private property. (Ord. 1601, Exh. A (part), 1992) 19.112.050 Nonconforming and Illegal Second Dwelling Units. A. A second dwelling which was constructed prior to the enactment by the City of any ordinance which regulates second dwellings in R -1, RHS, A or A -1 zoning districts but which was constructed in conformance with applicable site development and building code regulations in effect at the time of construction is governed by the provisions of Chapter 19.108, Nonconforming Uses and Facilities. B. Illegal Second Units. A second dwelling which was constructed without a building permit or in conflict with the applicable site development or building regulations at the time of construction may only be permitted upon the owner of such a unit obtaining approval of the Design Review Committee, based upon the Architectural review criteria stated in section 119.112.050, Architectural Review. (Ord. 1901, (part), 2002; Ord. 1601, Exh. A (part), 1992) -312- 528 CHAPTER 19.116: CONVERSIONS OF APARTMENT PROJECTS TO COMMON INTEREST DEVELOPMENTS Section 19.116.010 Purpose 19.116.020 Applicability of Regulations 19.116.030 General Regulations 19.116.040 Parking 19.116.050 Application Requirements 19.116.060 Application Procedures 19.116.010 Purpose. The purpose of this chapter is as follows: A. To regulate conversion of apartments and other forms of rental housing units to condominiums and other common interest developments in order to provide for the housing needs of all economic segments of the community; B. To ensure that such conversions do not conflict with the goals or policies of the General Plan of the City of Cupertino; C. To provide tenant and buyer protection relating to displacement and relocation of renters, ensuring that purchasers are informed regarding the structural integrity of buildings and the on -site utility system, and ensuring that such buildings and utility systems reasonably comply with all current codes which may directly impact the health and safety of future residences, including codes related to noise and insulation standards. (Ord. 1601, Exh. A (part), 1992) 19.116.020 Applicability of Regulations. No apartment project may be converted to a common interest development otherwise than in conformance with the provisions of this chapter. (Ord. 1601, Exh. A (part), 1992) 19.116.030 General Regulations. A. Community Impacts. 1. Residential Displacement. -313- 529 a. i. In no case shall an apartment project be converted to a common interest development unless and until it can reasonably be demonstrated that comparable replacement housing exists within the housing market area to accommodate those residents displaced as a direct result of the proposed conversion. The developer shall provide a relocation/ displacement plan which illustrates that sufficient replacement housing is available in the housing market area within a price range which is equal to or is less than twenty -five percent of the household income of the tenants to be displaced, or not to exceed the rent being paid for the existing rental unit to be converted, whichever is higher. ii. As used in this section "housing market area" means that area bounded by Fremont Avenue located in the City of Sunnyvale, to the north, Lawrence Expressway to the east, Prospect Road to the south, hence along a line generally following the westerly boundary of the Cupertino Urban Service Area northerly to Highway 280, hence easterly along Highway 280 to Foothill Boulevard, hence northerly along Foothill Boulevard to Homestead Road, hence easterly along Homestead to Highway 85, hence northerly along Highway 85 to Fremont Avenue. b. Replacement housing must be shown to meet any special needs of disabled tenants, which are presently available in the project proposed to be converted, such as facilities for the handicapped, elderly, families with children, and availability of public transportation for the elderly or residents who do not own an automobile. The plan shall also demonstrate that all other provisions relating to tenant protection addressed in the chapter have been fulfilled. c. A developer may meet the above requirements through the provision of mitigating factors to diminish the number and /or aid relocation of, displaced tenants within the project. Such mitigating measures may include, but are not limited to, discounting the price of project units to tenant buyers, offering a moving allowance, extending leases, or providing below- market -rate units. d. Notwithstanding the above provisions, in no case shall an apartment house be converted to a common interest development when the vacancy rate for apartment houses within the housing market area is less than five percent at the time of application and has averaged five percent over the past six months as determined by surveys conducted by the Director of Community Development. 1. Conformity with the General Plan. No conversion of apartment houses to community houses to common interest developments shall be permitted unless and until the City Council of the City of Cupertino finds that the proposed conversion will not conflict with the housing goals and policies of the General Plan and will not adversely impact the local school system. 2. Prohibition of Discriminating Against Prospective Buyers with Children. In no case shall a common interest development which has been converted, and which can reasonably accommodate children, as determined in each case by the City Council, limit initial sales to households or individuals without children. -314- 530 B. Tenant Protection. 1. The developer shall provide each tenant an irrevocable, nontransferable, preemptive right to purchase a unit or right of exclusive occupancy at a price not greater than the price offered to the general public for such unit. Such right shall be irrevocable for a period of ninety days after the commencement of sales or the issuance of the final public report by the real estate commissioner. Tenants shall have the right to the unit presently occupied and then to other units in the project only after they have been declined for purchase and vacated by the occupying tenants. In no case shall an existing tenant have a preemptive right to more than one unit. 2. The developer shall offer a ninety -day extension of tenancy after the expiration of a lease or rental agreement which would expire prior to or at the time of commencement of sales or issuance of the final public report by the real estate commissioner. 3. The developer shall permit a tenant to terminate any lease or rental agreement without any penalty whatsoever after notice has been given of the intention to convert to community housing if such tenant notifies the developer in writing thirty days in advance of such termination. C. Buyer Protection. The developer shall furnish each prospective purchaser of a unit, a true copy of the conditional use permit issued under this chapter and a copy of each of the following informational documents (the permit and documents shall be printed in Spanish or the purchaser's native language if requested): 1. Property report; 2. Structural pest control report; 3. Structural report and building department report; 4. Building history report; 5. Statement of compliance (Form 643) pursuant to 10 California Administrative Code, Section 2792.9, or its successor, relating to operating and maintenance funds during startup; 6. Soils report as determined in each case by the Director of Planning and Development; 7. Certificate of compliance. D. Building and Site Improvements. 1 All private streets, driveways and parking areas for the common interest developments shall be improved and constructed with a structural section and site dimensions in accordance with the standards of the City of Cupertino and shall be designed to ensure that access for -315- 531 municipal services shall not be denied any dwelling unit therein by reason of deteriorated or impassable private streets, driveways or parking areas, as determined by the Director of Public Works or his or her designee. 2 Sewage collection and water distribution lines on private property and property under common ownership shall be covered by one of the following responsibilities. a. All lines owned and maintained by the corporations shall be constructed to the City of Cupertino Standard Specifications for Public Works. Water metering and billing shall be provided at each individual townhouse lot as well as for the entire development using a master meter. The difference between the sum of the individual meters and the reading of the master meter will be billed to the corporate structure. A separate sewer lateral shall be provided to serve each individual parcel. b. All lines to be owned and maintained by the City of Cupertino, a private water utility and/or the Cupertino Sanitary District shall be placed in asphalt concrete driveways, or a covered concrete line trench, acceptable to the Director of Public Works, or appropriate representation of the private water utility or sanitary district (with the necessary public utility easement running through the project) so as to provide accessibility for the maintenance of the lines. A water meter and sewer lateral shall be provided to serve each individual parcel. c. In cases of conversion to a common interest development not involving individual ownership of separate parcels (e.g., community apartments, stock cooperatives, planned developments, etc.), separate utility services will not be required. In these cases, utilities will be billed to the homeowners association and a cash deposit to secure payment of the bill will be required. 3. Undergrounding Requirements. All structures being converted from individual, corporate or partnership ownership of apartment houses to common interest developments shall, within the exterior boundary lines of such property, have all electrical, communication and similar distribution, service wires and /or cables placed underground. 4. Compliance with Codes. The design, improvement and /or construction of a common interest development shall conform to and be in full accordance with all requirements of all building, fire and housing codes, zoning provisions and other applicable local, state or federal laws or ordinances relating to protection of public health and safety, in effect at the time of the filing of the tentative map. Also, any violations of the latest adopted edition of the Uniform Housing Code as prepared by the International Conference of Building Officials, or its successor, relating specifically to provisions protecting health and safety of residents, shall be corrected, and any equipment or facilities which the Building Official determines are deteriorated or hazardous shall be repaired or replaced. In particular, the developer shall repair or replace any damaged or infested areas in need of repair or replacement as shown in the structural pest report. The interpretation of what constitutes a hazard to public health and safety shall be made by the Director of Community Development, or his or her designee. -316- 532 5. Separate Metering. The consumption of gas and electricity within each dwelling unit shall be separately metered so that the unit owner can be separately billed for each utility. The requirements of this subsection may be waived where the Director of Community Development finds that such would not be practical or reasonable. In all cases, a water shutoff valve shall be provided for each unit. 6. Shock Mounting of Mechanical Equipment. All permanent mechanical equipment, including domestic appliances, which is determined by the building official to be a source or a potential source of vibration or noise, shall be shock - mounted, isolated fran the floor and ceiling, or otherwise installed in a manner approved by the Building Official to lessen the transmission of vibration and noise. 7. Separate Electrical Panel Boards. Each unit shall have its own panel board of adequate capacity to accommodate all electrical outlets which serve that unit. 8. Impact Sound Insulation. The applicant/ owner shall demonstrate that wall and ceiling assemblies conform to the sound insulation performance criteria promulgated in Title 25, California Administrative Code, Section 1092, or its successor, and that any floor covering which is replaced similarly provides the same or greater insulation qualities. 9. Storage Requirements. Private, enclosed, weatherproofed and lockable outdoor storage space shall be provided for each dwelling unit according to the following schedule: Number of Bedrooms Minimum Space in Cubic Feet Least Dimension Studio or 1 150 2 feet 2 200 2 feet 3 250 2 feet 4 300 2 feet The above space shall be provided in the garage or parking area or contiguous to each unit. This requirement may be waived by the Director of Community Development if it is determined that sufficient storage space exists to reasonably fill this standard. 10. Private and Common Area Open Space. The Planning Commission and City Council shall review the adequacy of open space in terms of area and privacy standards. Private outdoor space shall be provided for each unit, where practical. The amount of space shall be determined in each case by the size of the unit and amount of common open space. Adjoining units shall be redesigned or landscaped in such a manner so as to preclude visual intrusion into private outdoor yards or interior spaces, where practical. 11. Noise Mitigation. Appropriate site design and construction techniques shall be utilized to ensure isolation from excessive noise sources outside of the project boundary and to ensure acoustical privacy between adjoining units. If the Director of Community Development determines that an excessive external noise source exists, the developer shall retain an acoustical engineer to evaluate the noise impact on the proposed residential development and -317- 533 develop mitigation measures. The construction shall comply with the applicable City ordinances and state codes relating to sound transmission control to ensure acoustical privacy between adjoining dwelling units. 12. Interim Maintenance Standards. The developer shall be responsible for improving and maintaining the structures and landscaping in accordance with the approved architectural and landscaping plans and good maintenance practices prior to turning them over to the homeowners association. A performance bond shall be collected to ensure compliance with this requirement. (Ord. 1784, (part), 1998; Ord. 1601, Exh. A (part), 1992) 19.116.040 Parking. A. Off - Street Parking. The project shall provide parking consistent with the multifamily zone and the owner shall demonstrate that additional spaces exist to reasonably accommodate guest parking. B. Applicability of City Ordinances Regulating Parking of Trailers and Recreational Vehicles, Etc. Chapter 19.124, Parking, regulating parking and trailers, repairing vehicles, etc., shall apply to the private street and to all parking along such street. The parking of recreational vehicles such as boats, trailers, etc., shall be prohibited throughout the entire development unless such parking is within an enclosed area. Vehicular curb parking along the private street shall be prohibited except in designated areas. Appropriate "No Parking" signs shall be installed by the applicant. (Ord. 1601, Exh. A (part), 1992) 19.116.050 Application Requirements. A. In addition to the requirements of Title 18 of this code (subdivisions) and the Subdivision Map Act, an application for the conversion of rental housing into community housing shall require the submittal of the following data, which data must be submitted to the Director of Community Development at the same time the tentative map is submitted: 1. A complete legal description of the property; 2. Certification that all tenants in any buildings or structure proposed to be converted have been notified individually and in writing prior to the time of filing an application hereunder; 3. A boundary map showing the existing topography of the site and the location of all existing easements, structures and other improvements, and trees over four inches in diameter; 4. The proposed organizational documents. In addition to such covenants, conditions and restrictions that may be required by the Department of Real Estate of the State of California pursuant to Title 6 (Condominiums) of the Civil Code or other State laws or policies, the organization documents shall provide for the following: -318- 534 a. Conveyance of units, b. Assignment of parking and management of common areas within the project, c. A proposed annual operating budget containing a sinking fund to accumulate reserve funds to pay for major anticipated maintenance, repair or replacement expenses, d. FHA regulatory agreement, if any, e. The most recent balance sheet of the association, 5. A provision that the annual assessments to members of any association shall provide for penalties for late payments and reasonable attorney's fees and costs in the event of default of the members; 6. Allow the association to terminate the contract of any person or organization engaged by the developer to perform management or maintenance duties after any association assumes control of the project or any time thereafter; 7. A property report describing the condition and estimating the remaining useful life of each of the following elements of each structure situated within the project proposed for conversion: roofs, foundations, exterior paint, paved surfaces, mechanical systems, electrical systems, plumbing systems, including sewage systems, sprinkler systems for landscaping, utility delivery systems, central or community heating and air conditioning systems, fire protection systems including any automatic sprinkler systems, alarm systems, or standpipe systems, and structural elements. Such report shall be prepared by a registered civil or structural engineer, or a licensed general building contractor or general engineering contractor; 8. A structural pest report prepared by a licensed structural pest control operator pursuant to Section 8516 of the Business and Professions Code, relating to written reports on the absence or presence of wood - destroying pests or organisms; 9. A structural report describing the physical elements of the project shall be submitted to the Planning Department with the final map. The report shall also identify any structural elements which are known to be structurally defective or unsafe so as to impose a hazard to the health and safety of the occupants or users of the improvements. The Director of Community Development shall maintain a form containing a reasonable list of physical elements to be described in the report, which form shall be made available to the applicant. The applicant shall arrange for project inspections by the Building Department to verify the accuracy of the deficiencies noted in the structural report. The Building Official shall prepare a report detailing building code deficiencies or other health and safety deficiencies which must be corrected prior to sale of units of occupancy; 10. A building history report including the following: -319- 535 a. The date of construction of all elements of the project, b. A statement of the major uses of the project since construction, c. The date and description of each major repair of any element since the date of construction. , d. The date and description of each major renovation of any element since the date of construction. , e. A statement regarding current ownership of all improvements and underlying land, f. The name and address of each present tenant of the project, g. Failure to provide information required by subsections Al through A6 of this section, inclusive, shall be accompanied by an affidavit, given under penalty of perjury, setting forth in detail all efforts undertaken to discover such information and all reasons why such information cannot be obtained; 11. A rental history detailing the size in square footage, the current or last rental rate, the monthly rental rate for the preceding two years, and the monthly vacancy over the preceding two years of each rental unit proposed to be converted; 12. Condominium Plan. The application for final subdivision map shall include a copy of the condominium plan prepared pursuant to the Civil Code, Section 1351. The plan shall be submitted for the information of the local governing body and need not be part of the subdivision map; 13. Project Organization. A written description regarding the proposed project organization including the use and control of the common elements and recreation facilities within the project shall be submitted to the Planning Department with the tentative map. The statement shall detail any proposed control of common facilities to be retained by the developer or to be owned or maintained by any other organization other than the homeowners association or unit owners. 14. A true copy of each application submitted for issuance of a final public report to the Department of Real Estate of the State of California for the project proposed for conversion including all attachments and exhibits thereto required by the Department pursuant to Section 11011 of the Business and Professions Code. A true copy of the statement of compliance (Form 643 as amended) pursuant to 10 California Administrative Code, Section 2792.9, or its successor, relating to operating and maintenance funds during the startup. A statement whether the developer will provide any capital contribution to our association for deferred maintenance of the common areas, and if so, the sum and date on which the association will receive said sum; 15. A true copy of the supplemental questionnaire for apartments converted to common interest developments submitted to the Department of Real Estate of the State of California for -320- 536 the project proposed for conversion, and shall include all attachments and exhibits thereto; provided, however, that to the extent the information required to be furnished pursuant to subsections A14 and A15 of this section is not available at the time of application, any conditional use permit issued under this part shall require the developer to furnish such information to the City within ten days of issuance by the Department of Real Estate; 16. Relocation Displacement Plan. A relocation displacement plan shall detail the number of residents which will be displaced as a result of the proposed conversion and document the reasonable availability of comparable replacement housing in the Cupertino area within a rental range equal to the range which the tenants have paid as detailed in a rental report (See Section 19.88.050 A11) or within a price range which is equal to or less than twenty -five percent of the income range of each household to be displaced as a result of the conversion whichever is higher. Additionally, replacement housing must be shown to meet any special needs, which are presently available in the project, of displaced tenants such as facilities for the handicapped, elderly, households with children, and availability of public transportation for the elderly or resident buyers who are temporarily displaced pending completion of improvements to the units being purchased; 17. Soils Report. A true copy of the soils report originally prepared for the subject property. In cases where a soils report has never been prepared or when information in previous reports is considered insufficient as determined by the Director of Planning and Development, then the developer shall provide a soils report prepared by a registered civil engineer, or equivalent, which details information as determined by the Director of Public Works; 18. All information required by Chapter 19.12, Administration and Chapter 19.80, Planned Development Zone, of the City of Cupertino, and such information which the Planning Commission or the Director of Community Development determines is necessary to evaluate the proposed project. (Ord. 1601, Exh. A (part), 1992) 19.116.060 Application Procedures. A. Zoning. Any apartment house project proposed to be converted to a common interest development shall be rezoned to the RIC (single - family cluster) or P (planned development project with single - family residential intent) zoning district. B. Use Permit and Tentative Map or Parcel Map Required. No conversion shall be permitted unless and until a conditional use permit and tentative map or parcel map has been applied for and issued pursuant to and in accordance with the provisions of this chapter and the requirements of the Subdivision Map Act or its successor. C. Property and Structural Pest Report. -321- 537 1. After reviewing the property, structural and structural pest reports required to be submitted pursuant to Section 19.116.050A8 and inspecting the structures situated within the project when he or she deems such inspection necessary, the Building Official shall identify all items if evidenced by such reports and /or inspection to be hazardous to the life, health or safety of the occupants of such structure within the project, or the general public. Each permit issued hereunder shall require all of such items to be corrected to the satisfaction of the Building Official. 2. The Building Official shall review the property report and may require its revision and resubmission if he or she determines that substantial evidence shows that any statement therein is without foundation or fact. The report may be revised to reflect improvement, repair or replacement. D. Organizational Document Review. The organizational documents shall be submitted to the City Attorney for a determination that such documents comply with the requirements of this chapter and the applicable State laws. E. Compliance with Housing, Building Codes and Fire Regulations. If the proposed project does not comply with the provisions of the State of California Uniform Building Code and regulations of the Santa Clara Central Fire Protection District, and /or the Building Official identifies items to be corrected as provided in the above, any use permit issued pursuant to this part shall require the developer to furnish a bond, in a penal amount equal to the reasonable estimated cost to bring their project into compliance with such codes, such fire regulations and/or such identified items to be corrected. The bond shall run in favor of the individual purchasers and the homeowners association and shall provide for reasonable attorney's fees in the event of default by the principal. The City shall hold the bond pending issuance of the certificate of completion. F. Public Hearings. 1. The tentative map, use permit and rezoning portion of the application will be heard in a public hearing before the Planning Commission. The Planning Commission will recommend either approval or denial to the City Council. If the City Council approves the proposed conversion, the applicant will be required to submit detailed site improvement plans to the Planning Commission for any exterior alterations or improvements to the buildings and /or landscaping. 2. The Planning Commission will make a final recommendation to the City Council regarding the improvements. The City Council's final action will be a review of the architectural plan and final map to determine approval or denial of the project. G. Letter Certifying Compliance. The Director of Community Development shall cause a final inspection of all buildings and structures to be made, upon request by the developer, to -322- 538 determine that the requirements of this chapter have been fulfilled. The Building Official shall then mark the inspection report to show the corrections, repairs and replacements which have been made. If complete, the Director will cause to be issued a letter certifying compliance with all of the conditions and approvals and with this title and authorize sale and /or occupancy of the units. No building or unit applied for under this chapter shall be sold without the letter certifying compliance and approving occupancy. (Ord. 1601, Exh. A (part), 1992) -323- 539 CHAPTER 19.120: HOME OCCUPATIONS Section 19.120.010 Purpose. 19.120.020 General Requirements. 19.120.030 Standards. 19.120.040 Interpretation of Standards. 19.120.050 Excluded Occupations. 19.120.060 Nonconforming Uses. 19.120.010 Purpose. A. The purpose of this chapter is to permit and regulate the conduct of home occupations as an accessory use in a residence, whether owner or renter occupied, and to ensure that such home occupations are compatible with the neighborhoods in which they are located. The intent is to protect residential areas from adverse effects of activities associated with home occupations, while allowing residents of the community to use their homes as a workplace and a source of livelihood under certain conditions. B. The City acknowledges that changes in technology and composition of the work force, among other factors, have contributed to a growing interest on the part of Cupertino citizens to live and work in their homes. The City also finds that home business enterprises can help reduce commuter- traffic impacts, reduce or eliminate child care expenses for people with young families, and provide the opportunity to test creative business ventures with greatly reduced startup costs. (Ord. 1601, Exh. A (part), 1992) 19.120.020 General Requirements. A. Home occupations conducted in accordance with the provisions of this chapter shall be permitted in residential zones, and in other areas where residential use is allowed, provided that the occupation is clearly incidental and secondary to the use of the dwelling for residential purposes, and does not change the residential character thereof; and provided that such occupation is not detrimental to the health, safety, public welfare and property values in the neighborhood. B. Authorization to establish a home occupation shall be evidenced by payment of a business tax and the issuance of a City of Cupertino business license tax certificate. All home occupations shall be subject to all provisions of the Cupertino Municipal Code regulating the issuance of business licenses. (Ord. 1601, Exh. A (part), 1992) -324- 540 19.120.030 Standards. The requirements set out in Table 19.120.030 must be met at the establishment of the home occupation, and maintained on a continuing basis during operation of the business activity. Table 19.120.030: Standards Topic Regulatory Intent Specific Standard Location Prevent intrusion of - Confine home occupation to main dwelling or accessory light, noise and building unsightly conditions - Garage area may be used if the n-& imum required number of from disturbing vehicles can be parked inside during non - business neighbors hours. Home occupation activity within garage areas is limited to the hours of 8:00 a.m. to 8:00 p.m. -Rear and side yards may be used for horticulture; no storage -Front yards, driveways may not be used for home occupation purposes Appearance Maintain visual -The entrance to the space devoted to the home occupation character of the shall be from within the main building structure as a -There shall be no internal or external alterations or residence construction not customarily found in residences Display Maintain visual -Home occupations shall involve no exterior display of character of structure merchandise or stock in trade for sale as a residence Sales Restrict scope of - Direct sale of products off display shelves or racks to the activity business activity to general public is prohibited; however, an order may be filled ensure that residential on the premises if placed earlier by a customer using telephone use remains primary or mail order communications, or through attendance of sales party - Parties for the purpose of selling or taking orders for merchandise shall not be held more than two times in any month -Home occupations which involve the sale or rental of vehicles or vessels shall not be permitted to keep any vehicles on the premises at any time, or to deliver such vehicles to renters or purchasers on the premises Intrusive Ensure that processes, -All home occupation activities shall comply with City noise effects tools and hours of ordinance daytime /nighttime limitations operation do not -All home occupations shall be conducted so as to maintain disturb neighbors emissions at nonintrusive levels through noise, odor, - Appropriate equipment shall be installed to reduce emissions vibration, TV/ radio to nonintrusive levels interference Traffic Ensure that - Deliveries to and from the premises restricted per the pedestrian, Municipal Code automobile or truck traffic, or parking demand is not -325- 541 Topic Regulatory Intent Specific Standard significantly above normal levels for that zone Employment Ensure that traffic is - Home occupations shall be carried on by members of the not significantly household occupying the dwelling, with not more than one above normal levels additional person employed on the premises who is not a for that zone resident thereof. This shall not exclude the employment of domestic servants, gardeners, janitors, or other persons concerned in the operation or maintenance of the dwelling, whether living on the premises or not. Utility Maintain residential -Home occupation activity requiring a water meter above the service scale of utility size customary to a residence in that zone is prohibited services to limit - Electrical panel restricted to size customary to a residence in business activity to an that zone incidental use Business Restrict number, size -No more than one vehicle primarily used for business vehicle and keeping of purposes may be parked per site vehicles to reduce -Size limited to passenger auto, pickup truck or similar van parking demand and maintain residential streetscape Storage Ensure that stored - Storage outside of an enclosed structure is prohibited materials do not take - Garage storage of materials is allowed if the remaining space up required parking allows parking of the required number of vehicles space or accumulate in yards Signs Prohibit use of signs - Legally required signs are restricted to a maximum one square unless legally foot area required -Signs shall not be placed on the roof or within the required setback areas Cumulative Ensure that multiple - Cumulative impact of each home occupation shall not exceed effects home occupations at a the limits set forth in any portion of this section site do not exceed single- activity performance levels (Ord. 1601, Exh. A (part), 1992) 19.120.040 Interpretation of Standards. The Director of Community Development, or the Planning Commission upon appeal, may interpret a proposed use as an acceptable home occupation activity, but may determine that the use is of an unusual nature or intensity such that the applicant may be required to obtain a -326- 542 conditional use permit from the Director of Community Development prior to commencing business activity, in accordance with the procedures outlined in Chapter 19.156, Development Permits, Conditional Use Permits and Variances, of this title. (Ord. 1637, (part), 1993; Ord. 1601, Exh. A (part), 1992) 19.120.050 Excluded Occupations. The occupations listed below, shall not be considered incidental and secondary to the use of a residence for dwelling purposes and are therefore prohibited in residential zones: A. Automobile repair shops, including paint and body work; B. Barbershops and beauty parlors; C. Boarding and/or rooming homes for more than two guests; D. Clinics and hospitals, also veterinary (animal) clinics and hospitals; E. Kennels and other boarding for pets, in excess of the number of animals allowed in the base zoning district where specified; F. Medical offices for physicians, dentists, osteopaths, and other practitioners; G. Private schools with organized classes; H. Upholstery, small engine repair, welding shops; 1. Other uses which are found by the Community Development Director to be of similar intensity and characteristics of use to those enumerated in this section, and are thus inconsistent with the stated purposes of this chapter. (Ord. 1784, (part), 1998; Ord. 1601, Exh. A (part), 1992) 19.120.060 Nonconforming Uses. Notwithstanding the provisions of this chapter, all home occupations which exist as nonconforming uses in any residential zone or in other areas where residential uses are allowed, shall be allowed to continue as legal, nonconforming uses subject to the provisions of Chapter 19.140, Nonconforming Uses and Nonconforming Facilities. (Ord. 1601, Exh. A (part), 1992) -327- 543 CHAPTER 19.124: PARKING REGULATIONS Section 19.124.010 Purpose. 19.124.020 Applicability of Regulations. 19.124.030 Regulations for Parking and Keeping Vehicles in Various Zones. 19.124.040 Regulations for Off - Street Parking. 19.124.050 Exceptions - Findings. 19.124.010 Purpose. The purpose of this chapter is to regulate the parking of vehicles which are unsightly, oversized, or which are detrimental to property values or the peace and enjoyment of neighboring property owners or residents and establish regulations pertaining to the design and number of off - street parking spaces for land use activities located in various zoning districts. (Ord. 1940, (part), 2004; Ord. 1737, (part), 1996; Ord. 1601, Exh. A (part), 1992) 19.124.020 Applicability of Regulations. A. No vehicle may be parked, stored or kept on any parcel of land within the City of Cupertino otherwise than in conformance with the provisions of this chapter. B. Buildings, structures and land uses are required to provide off - street parking in conformance with this chapter. The standards and regulations contained in this chapter regulate off - street parking for conventional zoning districts and are intended also as guidelines for development projects located in planned development (P) zones and at congregate residences and residential care facilities. (Ord. 1940, (part), 2004; Ord. 1737, (part), 1996; Ord. 1688, § 3 (part), 1995; Ord. 1601, Exh. A (part), 1992) 19.124.030 Regulations for Parking and Keeping Vehicles in Various Zones. A. Table 19.124.030A sets forth the rules and regulations that pertain to Vehicles Permitted in Residential Zones. Table 19.124.030A - Regulations for Parking and Keeping Vehicles in Various Zones. 1. Front yard, Street side Vehicles may be placed, kept or parked in these areas subject to setback area or within 12 the restrictions below. feet of a public right-of- way in a rear yard area a. Maximum Number i. Residential zoning district requiring a lot size <_ 10,000 of Vehicles square feet = four. ii. Other residential zoning districts = six. iii. A greater number of vehicles may e approved by the Cit -328- 544 -329- 545 in conjunction with a development permit. iv. For purposes of counting vehicles, vertically stacked components which belong together shall be counted as a single vehicle. E.g., a camper mounted on a pickup truck. v. Horizontal groupings shall be counted as two vehicles. b. Vehicle with trash or Open vehicles containing trash or debris are prohibited. debris C. Overhang No portion of any vehicle may overhang any public right -of- wa . d. Parking pad i. All vehicles must be parked on a permanent impervious or materials semi - pervious surface. ii. Semi- pervious surfaces include unit pavers, turf block, brick, cobbles, gravel or other like materials that must allow for partial filtration of water and must prevent direct contact with soil. iii. Impervious surfaces include concrete, asphalt or other like materials that do not allow infiltration of water. e. Front yard i. Lots > 60 feet in width, maximum impervious area = 40% Impervious Area of front yard area. Limitation ii. Lots <_ 60 feet in width, maximum impervious area = 50% of front yard area. f. Registration/ PNO i. Vehicles must be either currently registered, where required registration is required for legal operation and in good operating conditions or ii. Vehicles must have a planned non - operation permit on file with the Department of Motor Vehicles. g. Driveway width for i. Lots <_ 150 feet in length, driveway width = 10 feet detached garage or ii. Lots > 150 feet in length, driveway width = 12 feet carport h. Driveway clearance In new residential development, driveways shall have a minimum clearance of two feet from a building wall, fence, or property line. i. Orientation of Parked i. All vehicles parked in the front or street yard setback area Vehicles must be parked perpendicular to the street, except on lots with circular driveways which conform to the provisions of this code. ii. On lots with circular driveways which conform to the provisions of this code, all vehicles parked in the front or street side yard setback area are limited to less than twenty feet in length, unless parked perpendicular to the street. j. Commercial Vehicles The following vehicles are not permitted: with GVW > 10,000 i. Any commercial vehicle with a manufacturer's gross pounds or more or vehicle weight rating of ten thousand pounds or more, oversize vehicles ii. A total combination of motor truck, truck tractor and /or trailers that exceeds sixty feet in length. 2. Areas outside those in Vehicles may be placed, kept or parked these areas, provided a -329- 545 B. Table 19.124.030B sets forth the rules and regulations pertaining to Vehicles Permitted in Nonresidential Zones. 1. A(1) above minimum clearance of three feet is maintained from any consistent with structure. 3. Parking within Vehicles are permitted to be placed, kept or parked in any legal Structures structure, provided that A(4)(ii) is met. 4. Non -Self- Propelled i. A maximum of two such vehicles are permitted to be Vehicles placed, kept or parked outside a legal structure on a lot. ii. A maximum of one such vehicle can occupy a required parking space inside a legal structure. 5. Enclosed Garage Size i. Shall consist an internal area encompassing two parking spaces measuring ten feet by twenty feet each (a total of 20 feet by 20 feet) and ii. Shall provide unobstructed (i.e., by walls, appliances, etc.) between six inches from finished floor up to six feet from finished floor. 6. Legal Non - conforming May continue their nonconformity provided that the square Single- family Dwelling footage necessary to legalize the garage based on this section of Garages the ordinance be reserved from the allowable floor area ratio for a future garage upgrade. 7. Mobilehomes Mobilehomes, excluding travel trailers, are not permitted within the residential zones of the City, except in a mobilehome park or as provided by State law. 8. Living or Sleeping No vehicle shall be used for living or sleeping quarters, except Quarters as permitted below. a. Mobilehome park Vehicles located in a mobilehome park and used consistent with any City regulations applicable to mobilehome parks are permitted. b. Trailers, Campers or Trailers, campers or recreational vehicles may be used by a Recreational Vehicles bona fide guest of a City resident for a period not to exceed seventy -two hours where the trailer, camper or recreational vehicle is located on the resident's property. B. Table 19.124.030B sets forth the rules and regulations pertaining to Vehicles Permitted in Nonresidential Zones. 1. Parking It is unlawful for any person to place, keep or maintain or permit to be consistent with placed, kept or maintained, any vehicle upon any lot, place or parcel of allowed uses in land within the nonresidential zones of the City, except for storage, sale that zone or business use as permitted in such zones. 2. Construction Trailers may be used for temporary offices on construction sites Trailers provided that a permit is obtained from the City Building Department after satisfactory information has been given that the use is in compliance with the conditions of this chapter. -330- 546 3. Loading and The provisions of this chapter are inapplicable to active loading or Unloading and unloading of any vehicle or to any public service or utility company Utility Vehicles vehicles while in the performance of service or maintenance work. 4. Parking on No vehicle may be parked, kept, or stored upon any vacant or Vacant Lots unimproved parcel within the City. 5. Other Parking As outlined in Title 11 of the Municipal Code C. Regulations Requirements are in addition to minimum requirements of the 19.124.040 Regulations for Off - Street Parking. Table 19.124.040 sets for the rules and regulations for Off - Street Parking. Table 19.124.040 - Regulations for Off- Street Parking. A. Parking Ratio and Table 19.124.040(A) defines the minimum and maximum Dimensions required number of parking spaces by size and type for specific zoning districts and use within districts. B. Residential Lots If no on- street parking is available, two additional off - street Fronting on Public or spaces are required. Private Streets C. Large - Family Day Care Requirements are in addition to minimum requirements of the Home zoning district. May be on- street, in front of provider's residence. If the provider is relying on on- street parking and the roadway prohibits on- street parking, a semi- circular driveway may be provided, subject to other provisions of the Municipal Code. 1. Non - resident Minimum of one parking space for each non - resident employee. Employee Parkin 2. Drop -off Parking Minimum of one parking space with direct access to the unit, not crossing a street. D. Aisle Dimensions Aisle dimension shall be as required by standard details adopted by the City Engineer and shown in Table 19.124.040(B) E. Loading Areas Loading areas, truck parking spaces and parking spaces for vehicles other than automobiles shall have ample dimensions for the particular use and type of operation, and be designed as required by the City Engineer except in the case of loading areas in the MP zone which are specified in Chapter 19.72. F. Planned Development The parking requirement contained in Table 19.124.040(A) Districts functions as guidelines for projects in planned development zoning districts. G. Mixed -Use and Shared The minimum parking requirement for developments with Parking more than one land use, or parking facilities being used by one or more properties, shall be determined using Table 19.124.040(C). -331- 547 H. Alternative Parking For all projects not meeting parking requirements in Table Standards 19.108.040(A), (B) or (C), alternative parking arrangements may be approved per Section 19.124.0600 I. Tandem, Valet and Tandem, Valet, and other special forms of parking may be Other Special Parking approved per Section 19.124.060C. Arrangements J. Minimum Stall Uni -size space located in a parking garage or other enclosed Dimensions in Parking parking structure intended for non - residential uses is eight and Structures one -half (8.5) feet by eighteen (18) feet. 1. Space adjacent to a Nine (9) feet by eighteen (18) feet. wall or structure on one side 2. Space adjacent to a Nine and one -half (9.5) feet by eighteen (18) feet. wall or structure on both sides K. Accessible Parking for The accessible parking requirement for the disabled is embodied the Disabled in Section 1129 B of the California Building Code, as amended, is hereby incorporated into this chapter by reference. L. Heavy Equipment 1. May only be stored within entirely enclosed structures or behind six - foot -high fencing in interior side yard and rear yard setback areas; and 2. In no case shall these items be visible from the street even when placed in permitted areas. 3. The provisions in K(1) and K(2) shall not apply to heavy equipment stored on site that is being used for construction or installation of improvements with a valid building or gr ading permit. M. Other Regulations Outlined in Title 11 of the Municipal Code. N. Landscape Applicable to all new centers and centers with a twenty -five Requirements percent or greater increase in floor area or a twenty -five percent or greater change in floor area resulting from use permit or architectural and site approval within twelve months shall be required to meet the following minimum landscape requirements. However, the Planning Commission and/or City Council may recommend additional landscaping. 1. Minimum Interior As required in Table 19.124.040 (N)(1) below: Landscaping Table 19.124.040(N)(1): Size of Parking Facility Landscaping (Sq. Minimum Required Interior (% of Total Parking Ft. ) Facility Area Under 14,999 5% 15,000 - 29,000 7.5% 30,000 plus 10% -332- .; 2. Parking Lot trees i. Shall be planted or exist at a rate of one tree for every five (5) parking stalls for every ten spaces in a single row. ii. Only fifty percent of the trees located along the perimeter of the parking area may count towards the required number of trees. iii. A parking facility with larger trees with high canopies may be allowed to increase the number of parking stalls (up to 10 parking stalls per tree) depending on the size of the tree and canopy size. 3. Landscape Planter At least three (3) feet wide by the length of the parking space. Strip 4. Placement of Trees Shall be offset to prevent vehicles from bumping into them. The Planning Department shall review and approve final tree locations. 5. Landscape Buffer i. When parking lot is adjacent to a street, landscape buffer = (inclusive of curbing ten feet wide and vehicle overhang ii. When adjacent to a side or rear property line, landscape allowance) buffer = five feet wide, iii. Buffer between double loading stalls = four (4) feet. 4. Flat and Raised i. Landscape areas shall be enclosed by a six -inch wide Curbs, Wheel Stops continuous flat curb allowing parking lot run off into and Overhang into landscaping area, infiltration islands or swales. landscaped areas u. Concrete wheel stops shall be placed on top of the flat curb and shall be provided at a rate of one per two stalls. iii. Landscape planter strips at the end of the parking aisles adjacent to a driveway shall be enclosed by a six -inch raised concreted curb with drainage outlets to help delineate the driveways or aisles. iv. Parking stall length may be decreased by up to two feet but must provide an equivalent vehicle overhang into landscaped areas. 5. Planter Strips i. Curbed planter strips shall be provided at the end of each parking aisle. ii. Landscape planter strip shall be at least three (3) feet wide and the length of a parking stall. 6. Pedestrian Paths Where appropriate, provision shall be made to ensure that adequate pedestrian paths are provided throughout the parking lot /landscaped areas. 7. Minimum Tree Size Trees require to meet any section of this title shall be a minimum of fifteen (15) gallon size. 8. Tree Protection All trees shall be protected by wheel stops, curbing, bollards or other similar barriers as appropriate. 9. Maintenance All landscaping shall be continuously maintained. O. Swales and Permeable In order to reduce urban runoff and provide water quality Surfaces benefits in parking lots, all new parking lots or any substantial alterations to existing parking lots shall incorporate the -333- 549 -334- 550 following design measures to the maximum extent possible: 1. Bio- swales Incorporate bio- swales in the required landscaping buffers. a. Standards for bio- i. Longitudinal slope of the swale shall be between I% and swales 5%. ii. Swales of greater than 3% may be required to install check dams to reduce velocity through swale. iii. Side slope shall not exceed 3:1 (horizontal:vertical). iv. All swales shall be required to provide an adequate under - drain system to prevent ponding. Swales shall be designed to eliminate any ponding of water for more than 48 hours. 2. Permeable surfaces Use permeable or semi- permeable materials for the parking stalls P. Bicycle Parking Bicycle parking shall be provided in multi - family residential developments and in commercial districts. In commercial districts, bicycle parking shall be conveniently located and adjacent to on -site bicycle circulation pedestrian routes. The bicycle parking facilities shall be one of the following three classification types: 1. Class I Facility These facilities are intended for long -term parking and are intended to protect the entire bicycle or its individual components and accessories from theft. The facility also protects the cycle from inclement weather, including wind driven rain. The three design alternatives for Class I facilities are as follows: a. Bicycle Locker A fully enclosed space accessible only by the owner or operator of the bicycle. Bicycle lockers must be fitted with key locking mechanisms. b. Restricted Access Class III bicycle parking facilities located within a locked room or locked enclosure accessible only to the owners and operators of the bicycle. The maximum capacity of each restricted room shall be ten bicycles. In multiple family residential developments, a common locked garage area with Class 11 parking facilities shall be deemed restricted access provided the garage is accessible only to the residents of the units for whom the garage is provided. C. Enclosed Cages A fully enclosed chain link enclosure for individual bicycles, where contents are visible from the outside, which can be locked by a user provided lock. This facility may only be used for multiple family residential uses. -334- 550 1. Class II Facility i. Intended for short term parking. A stationary object which the user can lock the frame and both wheels with a user provided lock. ii. The facility shall be designed so that the lock is protected from physical assault. iii. A Class II facility must accept U- shaped locks and padlocks. iv. Class II facilities must be within constant visual range of persons within the adjacent building or located at street floor level. 2. Class III Facility i. Intended for short -term parking. A stationary object to which the user may lock the frame and both wheels with a user provided cable or chain and lock. ii. Spacing of the bicycle units shall be designed for a handlebar width of three feet, distance from bottom of wheel to top of handlebar of three feet and six inches and a maximum wheel -to -wheel distance of six feet. Q. Parking Lot Lighting Applicable to new lighting fixtures for any new site construction shall meet the following requirements: 1. Exterior Light Color All exterior lighting shall be a white type light either metal halide or a comparable color corrected light unless otherwise approved as part of a development plan for uniformity, not allowing any dark areas in the parking lot. 2. Lighting Glare i. The light fixtures shall be oriented and designed to preclude any light and direct glare to adjacent residential properties. ii. No direct off -site glare from a light source shall be visible above three feet at a public right-of-way. 3. Lighting Intensity Parking lots, sidewalks and other areas accessible to pedestrians and automobiles shall be illuminated with a uniform and adequate intensity. Typical standards to achieve uniform and adequate intensity are: a. Average Between one and three foot - candles Horizontal Maintained Illumination b. Average Should be generally between six and ten to one Maximum to Minimum Ratio C. Minimum Minimum 3 foot - candles vertically above the parking lot surface Intensity above shall be maintained. Parking Lot Surface 4. Critical Areas Such as stairways, ramps and main walkways may have a higher illumination. -335- 551 5. Automatic Teller Lighting around automatic teller machines shall meet minimum Bicycle Machines (ATM) standards required by the State Business and Professions Code. 6. Shatter Resistant Shatter resistant lenses should be placed over the light to deter Parking Lenses vandalism. 7. Underground i. Underground lighting should utilize vandal- resistant Lighting fixtures and Residential Single- Family ii. Maintain a minimum five lux level of color- corrected 4 /DU (2 lighting for maximum efficiency. S. Parking Garage Portal lighting should be provided inside all parking garages garage + 2 Entrances entrances. R. Parking Space Dimension Chart. Parking space dimensions shall be as shown in Table 19.124.040 (A): Table 19.124.040(A) Land Use Zones Parking Ratio Bicycle Bicycle Stall ( Parking Parking Dimensions Class ( (3) Residential Single- Family R1 /RHS /A1 /P 4 /DU (2 10 x 20 ea. garage + 2 open) Small Lot Single - family, P 2.8 /DU (2 10 x 20 ea. Townhouse garage + 0.8 open) Duplex R2 3 /DU (1 1 /2 10 x 20 ea. enclosed + 1 1 /z open) High Density Multiple- R3 /P 2 /DU (1 +40% of Class 1 9.5 x 20 ea. Family, High Density covered + 1 units Multiple Story open) Condominium Public /Quasi- Public /Agriculture Churches, Clubs, BQ /CG 1/4 seats + Uni -size Lodges, Theaters 1 /employee + 1/ special - purpose vehicle -336- 552 Land Use Zones Parking Ratio Bicycle Bicycle Stall ( Parking Parking Dimensions Class (4) (3) Schools and School BA /BQ 1 /employee + Uni -size Offices 1/56 sq. ft. multipurpose room + 8 visitor spaces/ school +1/3 students at senior H.S. or college level Daycare Centers (:'G 1/6.5 Uni -size students Martial Arts, CG CG 1/4 students +5% of Class II Uni -size Dance /Art /Music plus 1/1 staff auto Studios, Tutorial at any given parking Services, specialized time or 1/250 schools (does not whichever is include adult tutorial more schools or services) restrictive Agriculture A 2 garage + 2 10 x 20 ea. open Sanitariums and Rest BQ 1 /doctor Uni -size Homes +1/3 employees + 1/6 beds Private Recreation FP 1/4 seats + Uni -size 1/employee Gyms, Auditoriums, BA /BQ 1/56 sq. ft. Uni -size floor area used Skating purposes + Rinks for seating 1 /employee without fixed seats Commercial Motels /Hotels /Lodging CG 1 /unit + +5% of Class II Uni -size 1 /employee auto (2) (3) parkin Restaurant / Bar and CG 1/3 seats + +5% of Class II Uni -size Nightclubs 1 /employee + auto 1/36 sq. ft. of parking dance floor -337- 553 Land Use Zones Parking Ratio Bicycle Bicycle Stall ( Parking Parking Dimensions Class (4) (3) Restaurants without CG 1/4 seats + +5% Of Class II Uni -size Separate Bar 1 /employee + auto 1/36 sq. ft. of parking dance floor Restaurant - Fast Food CG 1/3 seats + +5% of Class II Uni -size 1 /employee auto parkin Specialty Foods CG 1/3 seats or +5% of Class II Uni -size 1/250 sq. ft. auto whichever is parking more Bowling Alleys CG 7/ lane + +5% of Class II Uni -size 1 /employee auto parkin General CG 1/250 sq. ft. +5% of Class II Uni -size auto parkin Industrial Manufacturing TA L 1/450 sq. ft. +5% of Class I Uni -size auto parkin Office/ Prototype ML /OA 1/285 sq. ft. +5% of Class I Uni -size Manufacturing auto parkin Office Corporate/ CG /OP 1/285 sq. ft. +5% of Class I Uni -size Administrative/ General auto Multi- Tenant parking Medical and Dental CG 1/175 sq. ft. Uni -size Office Notes: 1. Refer to Table 19.124.040(B) for uni -size stall dimensions. 2. Refer to standard details table for requirements for handicapped parking. 3. See 19.124.040(J) for stall dimensions in parking structures. 4. See 19.124.040(P) for description of bicycle parking classes. -338- 554 Table 19.124.40(B) Type of Parking Stall Angle (In Degrees) Stall Width Aisle Width (One -Way Aisle) Aisle Width (Two -Way Aisle) Car Space Depth Evening Daytime (A) (B) (B) (C) Uni -Size 0 0 8.5 10.0 18.0 22.0 30 0 8.5 10.0 18.0 18.0 (6:00 p.m. - 35 0 8.5 10.0 18.0 18.0 midnight) 40 0 8.5 10.0 18.0 18.0 100% 45 0 8.5 10.0 18.0 18.0 50 0 8.5 10.0 18.0 18.0 55 0 8.5 11.5 18.5 18.0 60 0 8.5 13.0 19.0 18.0 65 0 8.5 14.5 19.5 18.0 70 0 8.5 16.0 20.0 18.0 90 0 8.5 N/A 22.0 18.0 NOTES TO TABLE: * - For handicap accessible spaces, please refer to § 1118A.4 of 1994 Uniform Building Code. - For further information, please refer to the Public Works Department Standard Details. Table 19.124.040(C) CALCULATING SHAPED PARKING FOR MIXED -USE DEVELOPMENTS WEEKDAY WEEKEND NIGHTIME -339- 555 Weekday Weekend Nightime Daytime Evening Daytime Evening (midnight - (9:00 a.m. - (6:00 p.m. - (9:00 a.m. - (6:00 p.m. - 6:00 a.m.) 4:00 .m.) midnight) 4:00 .m.) midnight) Residential 75% 100% 80% 100% 100% -339- 555 Office/Industrial 100% 10% 10% 5% 5% Retail 60% 90% 100% 70% 5% Hotel 75% 100% 75% 100% 10% Restaurant 100% 100% 100% 100% 10% Entertainment/ Recreational 40% 100% 80% 100% 10% Determine the minimum amount of parking required for each land use as though it were a separate use; 2. Multiply each amount by the corresponding percentage for each of the five time periods; 3. Calculate the column total for each time period; 4. The column total with the highest value is the parking space requirement. (Ord. 2056, (part), 2010; Ord. 1940, (part), 2004; Ord. 1737, (part), 1996; Ord. 1657, (part), 1994; Ord. 1637, (part), 1993; Ord. 1601, Exh. A (part), 1992) 19.124.050 Exceptions - Approval Authority A. The Director of Community Development may approve the following exceptions upon making the written findings in Section 19.124.050: 1. Exceptions to this chapter for properties located in: a. The Single- Family (R1) Residential Zoning District; b. The Duplex (R2) Zoning District; 2. Single Family homes or duplexes in a Planned Development District; 2. Tandem parking arrangements in residential zoning districts. B. The Design Review Committee may approve parking exceptions for Minor applications as identified in Section 19.12.030, Approval Authority, upon making written findings in Section 19.124.050; C. The Planning Commission may approve parking exceptions for Major applications as identified in Section 19.12.030, Approval Authority, upon making written findings in Section 19.124.050. 19.124.060 Exceptions - Findings. Exceptions to this chapter may be granted as provided in this section. A. Findings for an exception to allow substandard sized parking spaces in an enclosed garage in the R -1 Single- Family Zoning District: -340- 556 1. The exception to be granted is one that will require the least modification and the minimum variance to accomplish the purpose. 2. The exception to be granted will not preclude the garage from being used to park two standard -sized vehicles. B. Findings for all other parking exceptions to this chapter: 1. The literal enforcement of this chapter will result in restrictions inconsistent with the spirit and intent of this chapter. 2. The granting of the exception will not be injurious to property or improvements in the area nor be detrimental to the public safety, health and welfare. 3. The exception to be granted is one that will require the least modification and the minimum variance to accomplish the purpose. 4. The proposed exception will not result in significant impacts to neighboring properties. C. Projects proposing Alternative Parking Standards per Section 19.124.040(H) shall meet the following conditions in addition to 19.124.060(B)(1) -(4): a. The applicant submits a detailed parking study which demonstrates that the proposed use is compatible with the proposed parking supply. Adjacent on- street parking may be included in the parking supply. b. The project is owned or managed by a single entity. c. If adjacent properties are used to share parking, they are in close proximity to each other, and reciprocal parking and access easements and maintenance agreements are recorded on the applicable properties to run with the land. (Ord. 2056, (part), 2010; Ord. 1940, (part), 2004) -341- 557 CHAPTER 19.128: ADULT ORIENTED COMMERCIAL ACTIVITIES Section 19.128.010 Purpose. 19.128.020 Application of Regulations. 19.128.030 Regulations Related to the Concentration of Adult- oriented Commercial Activities and Findings. 19.128.040 Regulations Related to the Proximity of Adult- Oriented Commercial Activities to Residential, Public or Quasi - public Uses and Findings. 19.128.010 Purpose. The purpose of this chapter is to establish application procedures and regulations concerning location of adult - related commercial activities, as defined herein. These regulations are intended to guide future adult - related commercial activities and ensure a healthy, functional environment for existing and future residents within proposed developments and between adjoining parcels. This chapter is adopted based on the following findings: A. The Council finds that certain uses of real property, specifically adult bookstores, adult motion picture theaters, adult cabarets, public dancehalls, and massage parlors, have serious objectionable characteristics, particularly when several of such uses are located in close proximity to each other; that such concentration tends to create a "skid row" atmosphere and has a detrimental effect upon the adjacent area; that regulation of the locations of these uses is necessary to ensure that such adverse effects will not contribute to the blight or downgrading of neighborhoods or deter or interfere with the operation and development of hotels, motels, and lodginghouses, and other businesses which are needed and desirable in the City; and that the regulations hereinafter set forth in this chapter are reasonably necessary and will tend to prevent the clustering of such establishments. B. The Council further finds that, although the control of the concentration or clustering of the above uses in any one area will tend to prevent the creation of "skid row" and be otherwise beneficial to the people of the City, it will not prevent the deleterious effect of blight and devaluation of both business, residential, public and quasi - public property resulting from the establishment of any of the above - specified uses in a district which is in close proximity to and which serves residentially zoned, general planned or used property, or property which is zoned, general planned or used for public or quasi - public uses (i.e., churches, schools, civic buildings, public or private parks and recreational facilities, etc.); that concern for the orderly planning and development of a neighborhood should be encouraged and fostered in those persons who comprise the business, residential, public and quasi - public segments of that neighborhood, and that the regulations hereinafter set forth in this chapter restricting the location of such uses with reference to public, quasi - public or residentially zoned, general -342- 558 planned or used property are reasonably necessary and will tend to prevent said deleterious effects. (Ord. 1601, Exh. A (part), 1992) 19.128.020 Application of Regulations. The provisions of this chapter shall apply to all uses defined in Section 19.104.030 below or other uses which in the opinion of the City Council are of the same general character as the uses listed in that section. No building or structure shall be hereafter erected, structurally altered or enlarged within a zoning district in the City of Cupertino, otherwise than in conformance with the provisions of this chapter. The regulations set forth in this chapter are intended to be in addition to any of the above - specified uses, and, unless otherwise specifically provided, shall not be deemed to repeal or amend any other provision or provisions of the Cupertino Municipal Code or Zoning Ordinance which are applicable to the above - mentioned uses or activities, nor be deemed to excuse noncompliance with any such other provisions. (Ord. 1601, Exh. A (part), 1992) 19.128.030 Regulations Related to the Concentration of Adult- oriented Commercial Activities and Findings. A. Notwithstanding anything elsewhere in this code to the contrary, no lot or parcel of any property in any zoning district or any building or structure thereon or any portion thereof, shall be used for an adult bookstore, adult motion picture theater, adult cabaret, public dancehall or massage parlor at a location closer than one thousand feet to any other such use situated within or outside the City or closer than one thousand feet to any hotel, motel or lodginghouse situated within or outside the City, unless a conditional use permit shall have been applied for and issued for such use at such location, pursuant to and in accordance with the provisions of Chapter 19.156, Development Permits, Conditional Use Permits and Variances. B. In addition to the findings required to be made by the City Council in issuing a conditional use permit pursuant to the provisions of Chapter 19.156, Development Permits, Conditional Use Permits and Variances, the City Council may issue a conditional use permit required by the provisions of this section subject to such conditions as it may impose only if it shall make the following findings. That the proposed use: Will not be contrary to the public interest or unreasonably injurious to the use of nearby properties; 2. Will conform to the spirit and intent of this chapter; 3. Will not enlarge or encourage the development of a "skid row" area; 4. Will not be contrary to any program of neighborhood conservation; 5. Will not interfere with any program of urban renewal or redevelopment; and -343- 559 6. Will be in compliance with all applicable regulations. (Ord. 1784, (part), 1998; Ord. 1637, (part), 1993; Ord. 1601, Exh. A (part), 1992) 19.128.040 Regulations Related to the Proximity of Adult- Oriented Commercial Activities to Residential, Public or Quasi - public Uses and Findings. A. Notwithstanding anything elsewhere in this code to the contrary, no lot or parcel of any property in any zoning district or any building or structure thereon or any portion thereof, shall be used for an adult bookstore, adult motion picture theater, adult cabaret, public dancehall, or massage parlor at a location closer than one thousand feet to any real property zoned, general planned or used for public, quasi - public or residential purposes, whether the parcel of property is situated within or outside the City, unless a conditional use permit shall have been applied for and issued for such use at such location, pursuant to and in accordance with the provisions of Chapter 19.156, Development Permits, Conditional Use Permits and Variances. B. In addition to the findings required to be made by the City Council in issuing a conditional use permit pursuant to the provisions of Chapter 19.156, Development Permits, Conditional Use Permits and Variances, the City Council may issue a conditional use permit required by the provisions of this section subject to such conditions as it may impose, only if it shall make the following findings. That the proposed use: Will not be contrary to the public interest or unreasonably injurious to the use of public, quasi - public or residentially zoned property situated within one thousand feet of such proposed use; 2. Will conform to the spirit and intent of this chapter; 3. Will not be contrary to any program of neighborhood conservation; 4. Will not interfere with any program of urban renewal or redevelopment; and 5. Will be in compliance with all applicable regulations. (Ord. 1784, (part), 1998; Ord. 1637, (part), 1993; Ord. 1601, Exh. A (part), 1992) -344- 560 CHAPTER 19.132: CONCURRENT SALE OF ALCOHOLIC BEVERAGES AND GASOLINE Section 19.132.010 Purpose. 19.132.020 Applicability of Regulations. 19.132.030 Granting of Use Permit. 19.132.040 Public Hearing. 19.132.050 Use Permit Grant or Denial - Findings. 19.132.060 Restrictions. 19.132.070 Appeals. 19.132.010 Purpose. The purpose of this chapter is to establish regulations pertaining to those establishments which concurrently sell motor vehicle fuel and alcoholic beverages, including beer and wine. (Ord. 1478, § 1 (part), 1988) 19.132.020 Applicability of Regulations. This chapter applies to any establishment within a General Commercial (CG) zone which, pursuant to a conditional use permit, sells or proposes to sell, concurrently, alcoholic beverages, including but not limited to beer and wine, and motor vehicle fuel. (Ord. 1478, § 1 (part), 1988) 19.132.030 Granting of Use Permit. An establishment subject to this chapter may be permitted where it, in the opinion of the Planning Commission, is compatible with existing and planned uses in the particular zone or neighborhood. (Ord. 1478, § 1 (part), 1988) 19.132.040 Public Hearing. A. The Planning Commission, after having received an application for a conditional use permit by any person proposing a use which is subject to this chapter, shall set a time for the holding of a public hearing thereon. B. Any person may address the Planning Commission and present testimony regarding the particular conditional use permit application. (Ord. 1478, § 1 (part), 1988) -345- 561 19.132.050 Use Permit Grant or Denial- Findings. Written findings regarding the granting or denial of any conditional use permit subject to this chapter shall be made by the Planning Commission, and shall be based on substantial evidence in light of the entire administrative record. (Ord. 1478, § 1 (part), 1988) 19.132.060 Restrictions. Notwithstanding any other provisions of law, any establishment subject to this chapter shall abide by the following restrictions. These standards are the minimum state standards which do not limit local regulation otherwise permitted under Section 23790.5 of the Business and Professions Code: A. No beer or wine shall be displayed within five feet of the cash register or the front door unless it is in a permanently affixed cooler. B. No advertisement of alcoholic beverages shall be displayed at motor fuel islands. C. No sale of alcoholic beverages shall be made from a drive -in window. D. No display or sale of beer or wine shall be made from an ice tub. E. No beer or wine advertising shall be located on motor fuel islands and no self - illuminated advertising for beer or wine shall be located on buildings or windows. F. Employees on duty between the hours of ten p.m. and two a.m. who sell beer or wine shall be at least twenty -one years of age. (Ord. 1731, (part), 1996; Ord. 1478, § 1 (part), 1988) 19.132.070 Appeals. A. Any person aggrieved by a decision of the Planning Commission under the provisions of this chapter may appeal the decision in accord with the provisions of Chapter 19.12, Administration. -346- 562 CHAPTER 19.136: WIRELESS COMMUNICATIONS FACILITIES Section 19.136.010 Purpose. 19.136.020 Applicability of Regulations. 19.136.030 Site Locations. 19.136.040 General Site Development Regulations. 19.136.050 Specific Site Development Regulations. 19.136.060 Design and Site Review. 19.136.070 Application Requirements. 19.136.080 Permitting Procedures and Conditions of Approval. 19.136.090 Height Exceptions - Findings. 19.136.100 Appeals 19.136.010 Purpose. This chapter establishes regulations pertaining to the location, siting, development, design and permitting of wireless communications facilities for all zones existing in this city in order to: A. Facilitate the development of a wireless communications infrastructure in the City for commercial, public and emergency uses, and B. Protect the health, safety, welfare and aesthetic concerns of the public. (Ord. 2038 (part), 2009; Ord. 1736, (part), 1996; Ord. 1601, Exh. A (part), 1992) 19.136.020 Applicability of Regulations. This chapter shall apply to all types of aerials and associated facilities used for wireless communications, that is, the transmitting and /or receiving of voice, data, video images and other information through the air via signals in the radio and microwave frequency band. This includes aerials for amateur radio, television, wireless modems, cellular phones, enhanced specialized mobile radio (ESMR), personal communications services (PCS), paging systems, satellite communications and other wireless communication technologies utilizing signals in the radio and microwave frequency band. No wireless communication facility: antennas, masts, towers and associated equipment shall be hereafter erected, structurally altered or enlarged other than in conformance with the provisions of this chapter and other applicable provisions of this title. (Ord. 2038 (part), 2009; Ord. 1736, (part), 1996; Ord. 1601, Exh. A (part), 1992) 19.136.030 Site Locations. A. Residential and Home Occupation Aerials. -347- 563 1. Aerials intended for the private use of onsite residents and guests and for home occupation purposes are allowed on all residentially zoned and used properties. B. Commercial, Office, Industrial, Public Utility Aerials. 1. Aerials intended for commercial, office, industrial and public use are prohibited on residentially zoned and used properties, except the RHS zoning district. Aerials may also be allowed on common - interest areas of residential or mixed -use planned development zoned properties subject to homeowner association approval, in accord with the permit requirements of Section 19.136.080, Permitting Procedures and Conditions of Approval. 2. Such aerials may be allowed in all other zoning districts pursuant to permitting procedures established under Section 19.136.080, Permitting Procedures and Conditions of Approval. 3. Such aerials are allowed on utility poles and towers, regardless of the zoning district, as long as the aerial complies with Section 19.136.070(C). (Ord. 2038 (part), 2009; Ord. 1736, (part), 1996) 19.136.040 General Site Development Regulations. Provisions in Table 19.136.040 apply to all residential and home occupation, commercial, office, industrial and public utility aerials. A. Aerials Aerials shall not exceed a height of 55 feet above finished grade measured at the mast base, unless otherwise provided in accordance with Section 19.136.050, Specific Site Development Regulations. B. Antenna 1. An antenna consisting of a single vertical element not more than four inches in diameter in lieu of a horizontal arrangement shall be exempt from the height restriction. 2. Antennas and /or guy wires shall not overlap adjoining properties and shall not encroach upon an easement without the written consent of the owner of the easement which shall be attached to the application for a building permit. C. Masts and Towers 1. Wood towers shall not be erected. 2. The number of towers, and detached masts exceeding eight inches in diameter at the base and thirty feet in height above ground level, shall be limited as follows: Lot Size Maximum Number of Towers and Detached Masts b. < 30,000 square feet One. c. >_ 30,000 square feet Two. Additional towers, and detached masts, above two, not meeting the criteria stated in Section 19.136.040(C)(2) require permits in -348- 564 accord with Section 19.136.080, Permitting Procedures and Conditions of Approval. 19.136.050 Specific Site Development Regulations. Table 19.136.050 sets forth the rules and regulations for the development of personal wireless communication facilities. Table 19.136.050 - Specific Site Development Regulations. A. Minimum Setbacks and Height Limits 1. Residential and Home Occupation Aerials a. Aerials with panel or dish Shall comply with the setbacks and height limits for antennas of more than ten accessory structures. square feet b. Masts and towers Shall be located at least ten feet to the rear of the front b. I Free- standiniz or Building Mounted Aerials Type of Aerial Location Non - residentially zoned property Residentially zoned property Detached Masts and 75 feet horizontally from building setback line and shall be set back at least six feet from any property line. 2. 1 Commercial, Office, Industrial, Public Utility Aerials a. Aerials mounted on May extend six feet above the building parapet wall. property or a distance equal buildings that exceed An additional one foot of height is allowed for every to one foot for every one aerial height limits in ten feet that the aerial is setback from the parapet, to a foot of structure height, Section 19.136.040, General maximum height of ten feet above the building whichever is greater Site Development parapet, before a height exception is required b. I Free- standiniz or Building Mounted Aerials Type of Aerial Location Non - residentially zoned property Residentially zoned property Detached Masts and 75 feet horizontally from 75 feet horizontally from Towers, except for utility residentially zoned residentially zoned poles and towers used as property or a distance equal property or a distance equal aerials to one foot for every one to one foot for every one foot of structure height, foot of structure height, whichever is greater whichever is greater Building Mounted Aerials 75 feet horizontally from 75 feet horizontally from any residentially zoned any residentially zoned C . Base Equipment Stations Shall comply with Chapter 19.100, Accessory Buildings/ Structures and Chapter 10.48, Community Noise Control 19.136.060 Design and Site Review. For aerials requiring discretionary review, the primary review objectives are to ensure the goals of Section 19.136.010, Purpose, are met and to blend the design of the aerial into the surrounding environment, or site the aerial in such a manner to minimize the visual -349- 565 intrusiveness of the structure or artistically enhance the appearance of the aerial. This review may include, but not be limited to, the following criteria: A. Gaps in coverage that would create emergency communication problems; B. Viability of alternative locations, such as commercial, industrial, office, and public building sites. C. Method of antenna - mounting, that is, wall - mounting, roof - mounting or a freestanding structure. D. Colors, materials and textures to integrate the aerial into the surrounding environment or building; E. Landscaping to screen the aerial; F. Proximity and visibility of the aerial to residential properties and public rights -of -way; G. Dispersal of aerial locations to avoid visual clutter; H. Concentration of aerial locations to avoid visual clutter; L Opportunities for collocation of aerials on existing masts and towers where visual intrusiveness is reduced; J. Design of the building or enclosure, which houses the related base equipment and its compatibility with the adjoining building architecture; K. Opportunities to develop context - appropriate, artistically enhanced aerial designs; L. Screening of highly visible rooftop- mounted aerials; and M. Balancing of aesthetic concerns with the need to provide a functional communications system. (Ord. 2038 (part), 2009; Ord. 1736, (part), 1996) 19.136.070 Application Requirements. In addition to the standard application requirements in Chapter 19.12, Administration, the applicant may be required to provide the following additional materials: A. If more than one aerial is planned in the City within a year by a single communication service provider, a master plan shall be prepared of all facilities that can be reasonably foreseen, showing the proposed aerial sites and existing commercial, office, industrial and public utility aerial locations within a one mile radius of the proposed sites. The purpose of this requirement is to identify opportunities for clustering, dispersal and collocation of aerials to reduce visual intrusiveness; -350- 566 B. Erection of a mock aerial, computer simulation or sight -line elevations for all aerials to help assess the visual effects; C. Documentation that the technology and usage of that technology meets Federal Communications Commission adopted safety standards. (Ord. 2038 (part), 2009; Ord. 1736, (part), 1996) 19.136.080 Permitting Procedures and Conditions of Approval. Table 19.136.080 sets forth the permitting requirements for detached and building mounted aerials. All permits shall be processed in accord with the requirements of Chapter 19.12, Administration. Table 19.136.080: Permitting Procedures and Conditions of Approval Type of Aerial Permit Required A. In all zoning districts 1. Aerials that exceed Height Exception, except as otherwise provided in Section maximum height limits 19.136.050, Specific Site Development Regulations 2. Masts and Towers Development Permit approved by Planning Commission identified in 19.136.040 (C) (2) (b) B. In zoning districts that require design review, aerials that are: 1. Minimally visible to Administrative Approval residential properties and public rights-of-wa 2. Building mounted, and The Director of Community Development, in his or her moderately visible to discretion, may refer an application to the Planning residential properties and Commission for review and approval public rights-of-wa 3. Detached and are Development Permit approved by Planning Commission moderately to highly visible to residential properties and public rights-of-wa 4. Aerials located in the Use Permit approved Planning Commission common - interest areas of residential or mixed -use planned development zones C. Conditions of Approval 1. Collocation All commercial, office, industrial, and public utility aerial mast and tower approvals shall be conditioned to allow the collocation of aerials and related facilities of other commercial, office, industrial, and public utility users where appropriate and feasible. 2. Abandonment All City approvals for new aerials and modifications of -351- 567 (Ord. 2038 (part), 2009; Ord. 1736, (part), 1996) 19.136.090 Height Exception - Findings. The Approval Body may grant the height exception based upon all of the following findings: That the literal enforcement of the provisions of this chapter will result in restrictions inconsistent with the spirit and intent of this chapter; 2. That granting of an exception will not result in a condition that will be detrimental or injurious to property or improvements in the vicinity and will not be materially detrimental to the public health, safety or welfare; 3. That the exception to be granted will not result in a hazardous condition for pedestrian and vehicular traffic. 19.136.100 Appeals. The Approval Body's decision on the exception request may be appealed in accord with the requirements of Chapter 19.12, Administration. (Ord. 2038 (part), 2009; Ord. 1736, (part), 1996) -352- .: existing aerial approvals shall be conditioned to require the removal of the aerial, its associated facilities and restoration of the land to its former condition if the aerial is not used for its permitted purpose for a period of eighteen months. The property owner or applicant shall bear the entire cost of demolition and land restoration. D. Technology, Information and The Approval Body, in its review, shall seek the technical Communications consultation of the designated member or members of the Commission Technology, Information and Communications Commission. (Ord. 2038 (part), 2009; Ord. 1736, (part), 1996) 19.136.090 Height Exception - Findings. The Approval Body may grant the height exception based upon all of the following findings: That the literal enforcement of the provisions of this chapter will result in restrictions inconsistent with the spirit and intent of this chapter; 2. That granting of an exception will not result in a condition that will be detrimental or injurious to property or improvements in the vicinity and will not be materially detrimental to the public health, safety or welfare; 3. That the exception to be granted will not result in a hazardous condition for pedestrian and vehicular traffic. 19.136.100 Appeals. The Approval Body's decision on the exception request may be appealed in accord with the requirements of Chapter 19.12, Administration. (Ord. 2038 (part), 2009; Ord. 1736, (part), 1996) -352- .: CHAPTER 19.140: NONCONFORMING USES AND NONCONFORMING FACILITIES Section 19.140.010 General Application. 19.140.020 Nonconforming Uses - Expansion. 19.140.030 Nonconforming Uses - Change. 19.140.040 Nonconforming Uses - Maintenance and Repair of Facility. 19.140.050 Nonconforming Uses - Replacement of Facility. 19.140.060 Noncomplying Facility - Enlargement. 19.140.070 Noncomplying Facility - Maintenance and Repairs. 19.140.080 Noncomplying Facilities - Replacement. 19.140.090 Determination of Value. 19.140.100 Record of Nonconforming Uses and Noncomplying Facilities. 19.140.110 Proceedings and Findings. 19.140.120 Appeal. 19.140.010 General Application. A. Nonconforming Uses. 1. Any nonconforming use, as defined in Section 19.08.030, Definitions, of this title, may be continued indefinitely, but if such use is discontinued or abandoned for a period of six months or more, it shall thereafter conform to the provisions of this title. 2. Any nonconforming use may be changed, altered, or maintained only as provided in this chapter or as otherwise provided by law. B. Noncomplying Facilities. 1. Any noncomplying facility, as defined in Section 19.08.030, Definitions, may be maintained indefinitely subject, however, to the requirements of Title 16 relating to unsafe, dilapidated and abandoned buildings, facilities containing toxic materials, unreinforced masonry buildings, and other provisions of that title which are intended to protect the health and safety of the public. Notwithstanding the above, a noncomplying facility may not be maintained as either a public or private nuisance. 2. Any noncomplying facility may be enlarged, maintained, or replaced only as provided in this chapter or as otherwise provided by law. (Ord. 1601, Exh. A (part), 1992) -353- 569 19.140.020 Nonconforming Uses - Expansion. A. A nonconforming use may not be expanded in such a way as to increase the site area, or gross floor area occupied by such use on a site, nor may a nonconforming use increase the number of structures or the size or height of any structure housing such use. A nonconforming use which occupies a portion of a building may not be expanded to include additional floor area. (Ord. 1601, Exh. A (part), 1992) 19.140.030 Nonconforming Uses - Change. A. Except as provided in subsection B of this section, a nonconforming use shall not be changed to any use except to a conforming use. B. A nonconforming use may be changed to any other nonconforming use which would have been permitted under the most recent zoning classification of the property under which the existing nonconforming use was a conforming use subject to the following limitations: 1. The change shall not increase the site area or gross floor area occupied by the existing nonconforming use nor increase number of structures or the size or height of any structure housing such use; 2. Any period of temporary vacancy or discontinuance associated with such change shall not exceed six months; 3. Such change shall be permitted only if the Director determines that the building, or portion thereof, presently occupied by the nonconforming use is not readily usable as a conforming use. In making this determination, the Director may take into account the time factors described in Section 19.140.010 (A)(1); 4. Such change shall not create, cause, or significantly increase adverse privacy, noise, parking, traffic, or similar impacts with respect to other uses or neighboring properties. C. A nonconforming use which is changed to a conforming use, shall not be reestablished, and any portion of a site or any portion of a building, the use of which changes from a nonconforming to a conforming use, shall not thereafter be used except to accommodate a conforming use. (Ord. 1601, Exh. A (part), 1992) 19.140.040 Nonconforming Uses - Maintenance and Repair of Facility. Facilities occupied or used by a nonconforming use shall be subject to the following provisions governing maintenance and repairs: -354- 570 A. Normal and routine maintenance of any structure for the purpose of preserving its existing condition, retarding or eliminating wear and tear or physical depreciation or for the purpose of complying with the requirements of law, shall be permitted; B. Incidental alterations shall be permitted, provided that the value of the alterations in any one year period do not exceed ten percent of the value of the structure prior to such alterations; C. Alterations of the facility which exceed ten percent of the value as described above shall only be permitted to accommodate a conforming use, or when made as a requirement of law. (Ord. 1601, Exh. A (part), 1992) 19.140.050 Nonconforming Uses - Replacement of Facility. A facility used wholly or partly by one or more nonconforming uses, which is damaged or destroyed by any except by intentional acts of the owner and/or tenant of the property may be reconstructed for continued occupancy by said nonconforming use or uses provided that: A. The site area, the gross floor area, the number, size or height of the facilities occupied by the nonconforming use, or the intensity of activity, shall not exceed that existing prior to reconstruction; B. The reconstruction shall be subject to all applicable laws, regulations, codes and procedures otherwise governing construction on the site. (Ord. 1601, Exh. A (part), 1992) 19.140.060 Noncomplying Facility- Enlargement. Except as specifically permitted by other provisions of this title, no enlargement, expansion or other addition or improvement to a noncomplying facility shall be permitted which increases the noncompliance. This section shall not be construed to prohibit enlargement or improvement of a facility, otherwise permitted by this title, which does not affect the particular degree or manner in which the facility fails to comply with one or more provisions of this title. (Ord. 1601, Exh. A (part), 1992) 19.140.070 Noncomplying Facility- Maintenance and Repairs. A. Normal and routine maintenance of a noncomplying facility shall be permitted for the purpose of preserving its existing conditions, retarding or eliminating wear and tear or physical depreciation, or for the purpose of complying with the requirements of law. B. Incidental alterations to a noncomplying facility shall be permitted, provided such alterations do not increase the degree of noncompliance, or otherwise increase the discrepancy between existing conditions and the requirements of this title. -355- 571 C. Structural alterations to a noncomplying facility shall be permitted when necessary to comply with the requirements of law, or to accommodate a conforming use when such alterations do not increase the degree of noncompliance, or otherwise increase the discrepancy between existing conditions and the requirement of this title. (Ord. 1601, Exh. A (part), 1992) 19.140.080 Noncomplying Facilities - Replacement. A. Notwithstanding any contrary provision of this chapter, any facility which houses a conforming use in any residential or agricultural zone in the City, which is damaged or destroyed by any means other than the willful action of the owner or tenant, may be replaced as it existed prior to such damage or destruction even if the facility is nonconforming with regard to minimum lot area, lot coverage, setbacks, parking or other prescriptive zoning requirements. B. Except as provided in Section 19.140.080(A), a noncomplying facility which is damaged or destroyed by any means, may only be reconstructed as a complying facility except under one, or more, of the following circumstances: 1. When the damage or destruction of a noncomplying facility affects only a portion of a facility, which portion does not constitute or contribute to the noncompliance, the portion may be repaired or reconstructed to its previous configuration; 2. When the damage or destruction of a noncomplying facility affects only a portion of such facility, which portion constituted or contributed to the noncompliance, any replacement to such damage shall be accomplished in such a manner as not to reinstill the noncompliance caused by the damaged portion of the facility, and otherwise in full compliance with law; provided, however, that in the event that the cost to replace that portion of the damaged facility to its previous configuration does not exceed ten percent of the value of the entire facility prior to the damage, then that portion may be replaced or reconstructed to its previous condition; 3. When the damage or destruction of a noncomplying facility is noncomplying solely by reason of failure to comply with regulations for floor area ratio and /or site coverage, and such noncompliance does not exceed the maximum floor area ratio by more than a factor of ten percent and the maximum site coverage by more than ten percent, and affects only a portion of the facility, then that portion may be replaced or reconstructed to its previous condition. (Ord. 1601, Exh. A (part), 1992) 19.140.090 Determination of Value. Value, as used in this chapter with respect to value of a facility, or to the value of improvements on a site, or to the value of reconstruction or replacement, means the current cost of construction, or the current cost of replacement in kind of existing facilities or improvements, excluding consideration of the value of land. Estimates or determinations of such cost for -356- 572 purposes of this chapter shall be made by or shall be reviewed and approved by the Chief Building Official. (Ord. 1601, Exh. A (part), 1992) 19.140.100 Record of Nonconforming Uses and Noncomplying Facilities. The Director of Community Development shall maintain a list of all nonconforming uses and all noncomplying buildings of which he or she has knowledge which exist within the City except those properties in a multifamily residential zoning district. The list shall state the nature of the nonconformity or noncompliance and date discovered by the City. (Ord. 1601, Exh. A (part), 1992) 19.140.0110 Proceedings and Findings. A. Failure to comply with any of the requirements of this chapter shall render an otherwise valid, nonconforming use unlawful. Proceedings to determine the status of such nonconforming use shall be held at the request of the Director of Community Development, before the Planning Commission under the same procedures as described in Chapter 19.12, Administration, of this title. B. The Planning Commission may declare a nonconforming use unlawful if it finds that one or more of the following grounds exist: 1. That the nonconforming use is being or has been exercised contrary to the terms or conditions of the original approval; or 2. That the nonconforming use is so exercised as to be detrimental to the public health or safety, or to be a nuisance; or 3. That a person has modified a nonconformutg use in violation of any of the provisions of this chapter. (Ord. 1601, Exh. A (part), 1992) 19.140.120 Appeal. All determinations and decisions of the Planning Commission or the Director of Community Development under this chapter may be appealed in accord with the provisions in Chapter 19.12, Administration. (Ord. 1601, Exh. A (part), 1992) -357- 573 CHAPTER 19.144: DEVELOPMENT AGREEMENTS Section 19.144.010 Findings and Declaration of Intent. 19.144.020 Purpose of Development Agreement. 19.144.030 Authority for Adoption. 19.144.040 Application Requirements. 19.144.050 Qualification as an Applicant. 19.144.060 Proposed Form of Development Agreement. 19.144.070 Contents of a Development Agreement. 19.144.080 Consistency with General and Specific Plans. 19.144.090 Public Hearing and Ordinance Required. 19.144.110 Findings. 19.144.120 Irregularity in Proceeding. 19.144.140 Time for and Initiation of Review. 19.144.150 Finding of Compliance- Appeal. 19.144.160 Finding of Noncompliance- Appeal. 19.144.170 Appeal of Determination. 19.144.190 Cancellation or Modification by Mutual Consent. 19.144.200 Cancellation by the City. 19.144.210 Rights of the Parties after Cancellation or Termination. 19.144.220 Rules Affecting Development Agreement. 19.144.230 Separate Procedure. 19.144.240 Effect of Development Agreement. 19.144.250 Construction. 19.144.260 Execution and Recordation of Development Agreement, Amendment or Cancellation. 19.144.270 Judicial Review -Time Limitation. -358- 574 19.144.010 Findings and Declaration of Intent. A. The California Legislature in Section 65864 of the Government Code has found that the lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development to the consumer, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public. The City Council finds and determines that under appropriate circumstances, development agreements will strengthen the public planning process, encourage private participation in comprehensive planning by providing a greater degree of certainty in that process, reduce the economic costs of development, allow for the orderly planning of public improvements and services and the allocation of costs therefor in order to achieve the maximum utilization of public and private resources in the development process, and assure, to the extent feasible, that appropriate measures to enhance and protect the environment of the City are achieved.. The City Council further finds that the lack of public facilities, including, but not limited to, streets, sewerage, transportation, drinking water, school, and utility facilities, is a serious impediment to the development of new housing. B. The City Council further finds and determines that the public safety, health, convenience, comfort, prosperity and general welfare will be furthered by the adoption of this chapter in order to provide a mechanism for the enactment of development agreements to accomplish the foregoing purposes and aims and the realization of the benefits. (Ord. 1256, (part), 1984) 19.144.020 Purpose of Development Agreement. Development agreements enacted pursuant to this chapter are to ensure to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to specified conditions of approval, in order to implement the intent of the City Council in enacting this title. Development agreements will also ensure that all conditions of approval, including the construction of off -site improvements made necessary by such land developments, will proceed in an orderly and economical fashion to the benefit of the City. (Ord. 1256, (part), 1984) 19.144.030 Authority for Adoption. This chapter is adopted under the authority of Government Code Sections 65864 through 65869.5. (Ord. 1256, (part), 1984) -359- 575 19.144.040 Application Requirements. An application for a development agreement shall include, in addition to the requirements of Chapter 19.12, Administration, a development agreement proposal as described in 19.144.060, Proposed Form of Development Agreement. 19.144.050 Qualification as an Applicant. A. Only a qualified applicant may file an application to enter into a development agreement. The Director of Community Developmentshall require an applicant to submit proof of his or her interest in the real property and of the authority of the agent to act for the applicant. This proof may include a title report, policy or guarantee, issued by a title company licensed to do business in the State evidencing the requisite interest of the applicant in the real property. B. Other Parties. In addition to the City and developer, any federal, State or local governmental agency or body may be included as a party to any development agreement. Any additional party shall be made a party to the development agreement pursuant to the provisions of the Joint Exercise of Powers Act (Government Code Section 6500, et seq.) providing for joint powers agreements, or provisions of other applicable federal, State or local law, in order to create a legally binding agreement between such parties. (Ord. 1256, (part), 1984) 19.144.060 Proposed Form of Development Agreement. Each application shall be accompanied by the form of development agreement proposed by the City. This requirement may be met by designating the City's then standard form of development agreement as prepared by the City Attorney and including specific proposals for changes in or additions to the language of the standard form. The City's Proposed Form of Development Agreement shall include the following: A. The parties to the development agreement; B. The nature of the applicant's legal or equitable interest in the real property constituting such applicant as a qualified applicant under this chapter; C. A description of the development project sufficient to permit the development agreement to be reviewed under the applicable criteria of this chapter. Such description may include, but is not limited to, references to site and building plans, elevations, relationships to adjacent properties and operational data. Where appropriate, such description may distinguish between elements of the development project which are proposed to be fixed under the development agreement, those which may vary and the standards and criteria pursuant to which the same may be reviewed; D. An identification of the approvals and permits for the development project enacted to the date of or contemplated by the development agreement; E. The duration of the development agreement; -360- 576 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; L 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. J. Information required in accord with Section 19.140.070, Content of a Development Agreement; K. Any other relevant information which may be deemed necessary by the Director of Community Development pursuant to this chapter. (Ord. 1256, (part), 1984) (Ord. 1256, (part), 1984) 19.144.070 Contents of a Development Agreement. A. A development agreement shall specify its duration, the permitted uses of the property, the density and /or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. B. A development agreement shall attach and incorporate by reference all conditions of approval imposed by the City with respect to the development project. C. All development agreements shall contain an indemnity and insurance clause in form and substance acceptable to the City Attorney, requiring the developer to indemnify the City against claims arising out of the development process and limiting the developer's sole remedy to specific performance and thereby eliminating any potential damages to be paid by the City under the development agreement; provided, that, these provisions do not violate applicable law or constitute a joint venture, partnership or other participation in business affairs of developer by the City. D. All development agreements, or any part of development agreements, may be subject to subsequent condemnation proceedings by the City. -361- 577 (Ord. 1256, (part), 1984) 19.144.080 Consistency with General and Specific Plans. Before the City Council may approve the development agreement, it must find that its provisions are consistent with the General Plan and any applicable specific plans of the City. If the City Council approves the development agreement in the form recommended by the Planning Commission, without further findings, then it shall be deemed to have also adopted the findings of the Planning Commission. 19.144.090 Public Hearing and Ordinance Required. A development agreement is a legislative act and shall be enacted by ordinance only after a public hearing before the City Council. The ordinance shall refer to and incorporate by reference the text of the development agreement. 19.144.110 Findings. A Development Agreement shall be enacted by ordinance by the City Council upon making the following findings: A. Is consistent with the objectives, policies, general land uses and programs specified in the General plan and any applicable specific plan; B. Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is or will be located; C. Is in conformity with and will promote public convenience, general welfare and good land use practice; D. Will not be detrimental to the health, safety and general welfare; E. Will not adversely affect the orderly development of property or the preservation of property values; and F. Will promote and encourage the development of the proposed project by providing a greater degree of requisite certainty. (Ord. 1256, (part), 1984) 19.144.120 Irregularity in Proceeding. Formal rules of evidence or procedure which must be followed in a court of law shall not be applied in the consideration of a proposed development agreement under this chapter and the provisions of Chapter 19.12, Administration, shall provide the procedure for such consideration. No action, inaction or recommendation regarding the proposed development agreement shall be held void or invalid or be set aside by a court on the ground of the improper admission or rejection of evidence or by reason of any error, irregularity, informality, neglect or omission ( "error ") as to any matter pertaining to the application, notice, finding, record, -362- 578 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. (Ord. 1256, (part), 1984) 19.144.140 Time for and Initiation of Review. The Director of Community Development shall review the development agreement annually in order to ascertain the good faith compliance by the developer with its terms. The Developer shall submit documentation as required by the Director of Community Development to demonstrate good faith compliance by the developer of the terms of the development agreement. The time for review may be modified by the City Council at any time upon reasonable notice to the developer, and the development agreement may prescribe a procedure and standards and different times for review of compliance with its terms; provided, however, that a development agreement shall in any event be reviewed for compliance at least once every twelve months. (Ord. 1256, (part), 1984) 19.144.150 Finding of Compliance - Appeal. If the Director of Community Development finds good faith compliance by the developer with the terms of the development agreement, he or she may issue a certificate of compliance, which shall be in recordable form and may be recorded by the developer in the official records. The issuance of a certificate of compliance by the Planning Director and the expiration of the appeal period hereinafter specified without appeal, or the confirmation by the City Council of the issuance of the certificate on such appeal, shall conclude the review for the applicable period and such determination shall be final. (Ord. 1256, (part), 1984) 19.144.160 Finding of Noncompliance- Appeal. If the Planning Director, on basis of substantial evidence, finds the developer has not complied in good faith with the terms of the development agreement, he or she may specify in writing to the developer the respects, in which developer has failed to comply. The Director of Community Development shall also specify a reasonable time for the developer to meet the terms of compliance. If such areas of noncompliance are not perfected within the reasonable time limits as prescribed, the development agreement shall be subject to modification or cancellation by the City Council. (Ord. 1256, (part), 1984) -363- 579 19.144.170 Appeal of Determination. Any interested person may file an appeal of the issuance of a certificate of compliance to the City Council within ten days after the certificate's issuance. The developer may also file an appeal to the City Council of the finding of the Director of Community Development of noncompliance within ten days after the giving of notice of such determination. All appeals before the City Council shall be conducted pursuant to a noticed hearing in the same manner as any other appeal before the City Council, at which evidence shall be taken and findings made. (Ord. 1256, (part), 1984) 19.144.190 Cancellation or Modification by Mutual Consent. Any development agreement may be canceled or amended by mutual consent of the parties, but only in the manner provided in California Government Code Section 65868. Any proposal to cancel or amend a development agreement shall be heard and determined in accordance with the same procedures specified by this chapter for approval of a development agreement. (Ord. 1256, (part), 1984) 19.144.200 Cancellation by the City. A. The City Council shall conduct a noticed hearing on the recommendations of the Director of Community Development at which the developer and any other interested person shall be entitled to submit evidence and testimony as may be germane to the issue of the developer's good faith compliance with the terms of the development agreement. If the City Council finds, based on substantial evidence, noncompliance with the terms and conditions of the development agreement, it may either cancel the development agreement upon giving sixty days' notice to the developer, or in its discretion, may allow the development agreement to be continued by imposition of new terms and conditions intended to remedy noncompliance. The City Council may impose conditions to the action it takes as it considers necessary to protect the interests of the City. The decision of the City Council shall be final. C. Any cancellation or imposition of new terms and conditions pursuant to this section shall be noticed in accordance with the procedures specified in Chapter 19.12, Adnunistration of this code. (Ord. 1256, (part), 1984) 19.144.210 Rights of the Parties after Cancellation or Termination. In the event that a development agreement should be canceled, or otherwise terminated, unless otherwise agreed, all rights of the developer, property owner or successors in interest under the development agreement shall terminate. Any and all benefits, including money or land, received by the City shall be retained by the City. Notwithstanding the above provision, any termination of the development agreement shall not prevent the developer from completing and occupying a building or other improvements authorized pursuant to a valid building permit previously approved by the City or under construction at the time of -364- :1 termination, but the City may take any action permitted by law to prevent, stop, or correct any violation of law occurring during and after construction, and the developer or any tenant shall not occupy any portion of the project or any building not authorized by a previously issued building permit. As used herein, "construction" means work under a valid building permit, and "completing" means completion for beneficial occupancy for developer's use, or if a portion of the project is intended for use by a lessee or tenant, then for such portion "completion" means completion except for interior improvements such as partitions, duct and electrical runouts, floor coverings, wall coverings, lighting, furniture, trade fixtures, finished ceilings, and other improvements typically constructed by or for tenants of similar buildings. All such uses shall, to the extent applicable, be deemed nonconforming uses and shall be subject to the nonconforming use provisions of the planning code. (Ord. 1256, (part), 1984) 19.144.220 Rules Affecting Development Agreement. All development agreements shall be subject to the regulation and requirements of the laws of the State, the Constitution of the United States and any codes, statutes or executive mandates and any court decisions, State or federal. In the event that any such law, code, statute, mandate or decision made or enacted after a development agreement has been entered into prevents or precludes compliance with one or more provisions of the development agreement, then such provisions of the development agreement shall be modified or suspended in the manner and pursuant to the procedures specified in the development agreement, as may be necessary to comply with such law, code, statute, mandate or decision. (Ord. 1256, (part), 1984) 19.144.230 Separate Procedure. All development agreements entail and consist of a separate procedure from other land use planning procedures and shall not take the place of the zoning ordinances, the General Plan, planned development permits, development permits, conditional use permits, subdivision approvals, building permits or any other City planning functions. If so specified in the development agreement, it shall constitute an approval pursuant to such planning procedures as if separately enacted under other City planning ordinances. To the extent practicable, public hearings on a proposed development agreement shall be held concurrently with the public hearings on all related land use approvals and all such approvals shall be made concurrently with the approval of the development agreement. (Ord. 2056, (part), 2010; Ord. 1256, (part), 1984) 19.144.240 Effect of Development Agreement. When approved, the development agreement and any development control maps and all notations, references and regulations which are a part of the development agreement shall be part of the development agreement ordinance. Development control maps include, but are not -365- 581 limited to, regulations intended to carry out any plan respecting location or type of activities; height, bulk, siding or design of structures; location or design of open areas; and landscaping and other comparable regulations. (Ord. 1256, (part), 1984) 19.144.250 Construction. This chapter and any subsequent development agreement shall be read together. With respect to any development agreement enacted under this chapter, any provision of such a development agreement which is in conflict with this chapter shall be void. Unless otherwise provided by the development agreement, the City's rules, regulations and official policies governing permitted uses of the land, governing density and governing design, improvement and construction standards and specifications applicable to development of the property subject to a development agreement shall be those City rules, regulations and official policies in force at the time of the approval of the development agreement by the City Council; provided, however, that the developer is subject to all increases in City imposed fees and charges with respect to subsequent applications for development and construction within the property subject to a development agreement. (Ord. 1256, (part), 1984) 19.144.260 Execution and Recordation of Development Agreement, Amendment or Cancellation. A. Within ten days after the ordinance approving the development agreement takes effect, the City Council shall execute the development agreement, and the City Council Clerk shall have the development agreement recorded with the County Recorder. B. If the parties to the development agreement or their successors in interest amend or cancel the development agreement as provided in Government Code Section 65868, and this chapter, or if the City Council terminates or modifies the development agreement as provided in Government Code Section 65865.1 and this chapter for failure of the developer to comply in good faith with the terms or conditions of the development agreement, the City Council Clerk shall, after such action takes effect, have notice of such action recorded with the County Recorder. (Ord. 1256, (part), 1984) 19.144.270 Judicial Review -Time Limitation. Any action or proceeding to attack, review, set, set aside, void or annul, any decision of the City pursuant to this chapter shall not be maintained by any person unless the action or proceeding is commenced within ninety days after the date of decision as provided in Section 1094.6 of the Code of Civil Procedure, State of California. (Ord. 1256, (part), 1984) -366- y, CHAPTER 19.148: REQUIRED ARTWORK IN PUBLIC AND PRIVATE DEVELOPMENTS Section 19.48.010 Purpose and Intent. 19.148.020 Applicability of Regulations. 19.148.030 Permitted Artwork. 19.148.040 Ineligible Artwork. 19.48.050 ApplicationProcedures for Public Artwork. 19.148.060 Design Criteria and Artist Qualifications. 19.148.070 Minimum Artwork Value. 19.148.080 Maintenance Requirements. 19.148.090 In Lieu Fee for Artwork is Discouraged. 19.48.010 Purpose and Intent. The purpose of this ordinance is to provide a review framework for public art in both public and private developments in the City of Cupertino, commensurate with the following specific goals, as described in the Cupertino General Plan: A. Enhance community character and identity; B. Provide attractive public arts to residents and visitors alike; C. Stimulate opportunities for the arts through cooperative relations between local business and the City. (Ord. 2037 (part), 2009) 19.148.020 Applicability of Regulations. A. Any development of 50,000 sq. ft. or larger involving construction of new buildings and/or the expansion of existing buildings shall be subject to the requirements of this chapter. B. Additional artwork not mentioned in this chapter by means of specific plan, permits or other discretionary review may be required when deemed appropriate by the City Council. (Ord. 2056 (part), 2010; Ord. 2037 (part), 2009) 19.148.030 Permitted Artwork. Types of art that may be used to satisfy the requirements of this chapter include, but are not limited to, the following: -367- 583 A. Sculpture: in- the - round, bas- relief, mobile, fountain, kinetic, electronic, or other, in any material or combination of materials; B. Painting: all media, including portable and permanently affixed works, such as murals; C. Graphic arts: printmaking, drawing, calligraphy and photography, but only when on a large public scale; D. Mosaics; E. Functional artwork created by a professional artist, such as benches, tree grates or trash receptacles; F. Any other form of work of art determined by the Fine Arts Commission to satisfy the intent of this chapter. (Ord. 2037 (part), 2009) 19.148.040 Ineligible Artwork. The following shall not be considered eligible to satisfy the requirements of this chapter: A. Reproductions of original works of art, whether by mechanical or other means. However, permitted artwork may include limited editions, controlled by the artist, of original prints, cast sculpture, photographs, or other art forms; B. Directional or other functional elements such as supergraphics, signing, or color coding, except where those elements are integral parts of original signed artworks; C. Art objects which are mass - produced from a standard design, such as playground equipment, fountains, flags or banners; D. Landscaping and garden features, except where these elements are designed by the artist and are an integral part of a fine artwork. (Ord. 2037 (part), 2009) 19.48.050 Application Procedures for Public Artwork. A. An application for public artwork shall include all requirements of Chapter 19.12, Administration. C. Application for public art for a new development shall be made in conjunction with the review of the permits for the entire project, in order that the design and location be taken into consideration at the time of architectural and site planning, as outlined in Chapter 19.164 of the Cupertino Municipal Code. D. The Fine Arts Commission shall review for approval the public art application and artwork. The decision of the Fine Arts Commission may be appealed in accordance with Section 1.16.020 of the Cupertino Municipal code, or as amended. (Ord. 2037 (part), 2009) 19.148.060 Design Criteria and Artist Qualifications. It is the intent of this chapter to provide for public art on private property without imposing the artistic preferences of the City on the owner or the developer of the property. Artistic preferences are to be primarily those of the owner or developer of the property, but the artwork and its location is subject to approval of the Fine Arts Commission. A permit required pursuant to Section 19.148.050, Application Procedures for Public Artwork, shall be granted upon a showing by the applicant that the proposed artwork meets the following criteria: A. The artwork is of a nature specified in Section 19.148.030, Permitted Artwork. B. The artwork requirement is to be satisfied with one significant piece of artwork, except that the requirement may be met with several works of art when specifically found by the Fine Arts Commission to fulfill the intent of this chapter. The artwork shall be an integral part of the landscaping and /or architecture of the buildings. C. The artwork shall be easily visible from the public street and be located in an area specifically designated on the project site plan. Appropriate locations include, but are not limited to, entryways to the property, greenbelts, and building exteriors. The artwork must be in permanent view to motorists and pedestrians. Artwork located at the entrance to a development should make a major statement and be visible from the main parking lot, if any. When located in proximity to major traffic thoroughfares, the artwork should be at a motorist's scale and oriented toward the view corridor of the motorist. D. Artwork located along Stevens Creek Boulevard or De Anza Boulevard corridors shall be large in scale and oriented to the view corridors of the motorist. Appropriate artwork in these corridors will most likely be sculptural: however, other forms of art may be considered if consistent with the intent of this chapter. Artwork should have a visual impact upon passengers in a moving vehicle or pedestrians not less than 100 feet away. E. The composition of the artwork shall be of permanent materials requiring a low level of maintenance. Materials used shall be durable and resistant to graffiti and the effects of weather. F. The nature and style of the artwork shall be considered in the context of other artwork in the surrounding area in order to encourage a wide range of art styles and materials, and to create a balanced and interesting aesthetic appearance. The developer is encouraged to give preference -369- 585 to artists living or working in the San Francisco Bay area, and to avoid using artists whose work is already displayed as public art within the City of Cupertino boundaries. G. Because the artwork will necessarily be highly visible to the public and be associated with city requirements, expressions of obvious bad taste or profanity shall not be approved. H. Water and /or electronic sculpture may be permitted if adequate assurance of continued maintenance is provided. L Artwork shall be identified by an appropriate plaque or monument measuring not less than eight inches by eight inches. The plaque shall be made of a durable, permanent material and shall be placed near the artwork, and shall list the date of installation, title and artist, and medium. J. The artwork shall be a permanent, maintained fixed asset of the property, and statements to this fact shall be attached or recorded to the existing CC &R's or otherwise recorded on the property deed, to advise subsequent property owners of their obligations to maintain the artwork. K. The proposed artwork shall meet the criteria for review as set forth in the City of Cupertino Public Art Program Guidelines for Selection of Public Art, as originally adopted by the City Council Resolution No. 05 -040, or as later amended. L. The artist's qualifications will be evaluated and examples of past work may be reviewed. The review, however, shall be primarily for the purpose of determining the artist's experience with artwork of monumental proportion. (Ord. 2037 (part), 2009) 19.148.070 Minimum Artwork Value. The minimum expenditure for the artwork, including but not limited to design, fabrication, and installation, is one - quarter of one percent (.25 %), with an expenditure cap of $100,000.00, or such minimum expenditure and/or expenditure cap that is set forth in the Cupertino General Plan. (Ord. 2037 (part), 2009) 19.148.080 Maintenance Requirements. The property owner shall maintain the artwork in good condition continuously after its installation, as determined appropriate by the city. Maintenance shall include all related landscaping, lighting, and upkeep, including the identification plaque. Artwork required or approved pursuant to this chapter cannot be removed, except for required maintenance or repair, unless approved by the City; at which time the City may require replacement or relocation of the artwork. In the event that the artwork is located in the public right -of -way, a maintenance agreement with the City shall be required. -370- :. (Ord. 2037 (part), 2009) 19.148.090 In Lieu Fee for Artwork is Discouraged. In some instances the placement of artwork on a particular property may not be feasible. In such cases, an in -heu contribution may be made to the City. The developer or property owner may apply to the Fine Arts Commission for an in -lieu fee alternative on projects that lack an appropriate location for public art, although such alternative is strongly discouraged. (Ord. 2037 (part), 2009) -371- 587 CHAPTER 19.152: AMENDMENTS TO THE ZONING MAPS AND ZONING REGULATIONS Section 19.152.010 Amendments. 19.152.020 Changes in district boundaries. 19.152.030 Changes in Zoning Regulations. 19.152.040 Prezoning. 19.152.010 Amendments. This title may be amended by changing the boundaries of districts, or by changing the regulations applicable within one or more districts, or by changing any other provision of this title, whenever the public interest or general welfare so require. (Ord. 1601, Exh. A (part), 1992) 19.152.020 Changes in district boundaries. Changes in the boundaries of districts established by this title may be initiated by any one of the following actions: A. By application of a property owner in accord with the requirements of Chapter 19.12, Administration, which shall include the following:; 1. A description and map showing the boundaries of existing and requested districts, and identifying the property for which a change of district is requested; 2. A written statement setting forth the reasons for the application and all facts relied upon by the applicant in support thereof; 3. Written copy of the applicant's description of how the proposed change complies with the Findings listed in the Chapter that pertains to the requested change; B. By motion of the City Council, or by motion of the Planning Commission, which may include any public or private property, and shall be accompanied by: 1. Maps or descriptions necessary to define existing and proposed boundaries of districts, and 2. A statement, describing in general terms, the reasons for consideration of a change in district boundaries. C. Findings: The Approval Body may approve of an application to change the district boundaries, if it finds all of the following: -372- .. 1. That the proposed zoning is in accord with this title of the Municipal Code and the City's Comprehensive General Plan. 2. The proposed zoning is in compliance with the provisions of the California Environmental Quality Act (CEQA). 3. The site is physically suitable (including, but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designation(s) and anticipated land use development(s). 4. The proposed zoning will promote orderly development of the City. 5. That the proposed zoning is not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of subject parcels. (Ord. 1601, Exh. A (part), 1992) 19.152.030 Changes in Zoning Regulations. A. Changes in any provision of this title, other than the boundaries of districts, may be initiated from time to time, by one of the following actions: By motion of the City Council on its own initiative; 2. By motion of the Planning Commission on its own initiative. B. Changes initiated by motion of the Council shall be forwarded to the Planning Commission and may be supplemented by such explanatory material as the Council may deem appropriate to facilitate review and recommendation by the Planning Commission. C. Changes in Zoning Regulations shall be adopted by Ordinance by the City Council pursuant to the procedures described in Section 36931 et seq. of the California Government Code. D. Findings: The City Council may approve changes to the zoning regulations in this title, if in addition to the findings in Section 19.152.020 (C), Findings, it finds: 1. The proposed amendments are internally consistent with this title. 19.152.040 Prezoning. A. The determination of district classifications and district boundaries appropriate for property located outside the City, but potentially subject to annexation, may be made in the same manner as prescribed in this chapter and Chapter 19.12, Administration, for any property within the City, provided that any ordinance duly passed by the City Council establishing or changing such classification shall become effective only upon the effective date of annexation of such property to the City. B. Upon passage of such an ordinance, the zoning map shall be revised to show the prezoned or potential classification to become effective upon annexation, and shall identify the district or districts applicable to such property with the label or nomenclature "prezoned." (Ord. 1601, Exh. A (part), 1992) -373- i• CHAPTER 19.156: CONDITIONAL USE PERMITS AND VARIANCES Section 19.156.010 Application for Development Permit. 19.156.020 Application for Conditional Use Permit or Variance. 19.156.030 Approval Authority 19.156.040 Planned Development Permit and Conditional Use Permit - Findings and Conditions. 19.156.050 Variance- Findings and Conditions. 19.156.060 Expansion or Modification of Planned Development or Conditional Use Permits. 19.156.070 Change of Use. 19.156.010 Application for Development Permit. A. Applications for a development permit, shall be made in accord with the requirements of Chapter 19.12, Administration, and shall additionally contain the following: 1. A description and map showing the location of the property for which the permit or variance is sought; 2. If the application is for a development permit and /or a conditional use permit, plans and/or descriptions of existing and proposed uses of the property, proposed traffic - circulation system, topographical map of the site and the neighboring properties, landscape plan in accord with Chapter 14.18, Landscaping Ordinance, describing in detail the nature of the use proposal to be conducted on the property; 3. If the application is for a variance, plans and /or descriptions of existing and proposed construction on the property involved, together with a statement of the circumstances which justify the various applications. 19.156.020 Application for Conditional Use Permit or Variance. In addition to all information required pursuant to Section 19.156.020, Application for Planned Development Permit and Development Permit, the following information shall be provided: A. If the application is for a conditional use permit, plans and /or descriptions of existing and proposed uses of the property, and describing in detail the nature of the use proposal to be conducted on the property; B. If the application is for a variance, plans and /or descriptions of existing and proposed construction on the property involved, together with a statement of the circumstances which justify the various applications. -374- 590 19.156.030 Approval Authority A. For development permits and variances, the Approval Body shall be as specified in Section 19.12.030, Approval Authority. B. For all conditional use permits subject to this Chapter, the Approval Body shall be as specified in the Chapter of this code that specifies the permitted, conditional and excluded uses for the zoning designation that applies to the property in question. 19.156.040 Planned Development Permit and Conditional Use Permit - Findings and Conditions. A. The decision maker may grant a planned development permit or a conditional use permit only if all of the following findings are made: 1. The proposed development and /or use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2. The proposed development and /or use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan, underlying zoning regulations, and the purpose of this title and complies with the California Environmental Quality Act (CEQA). 19.156.050 Variance - Findings and Conditions. A. The Director may grant a variance from the site development regulations, the parking and loading regulations or the special requirements of this title applicable within any district, if the Director finds: There are special circumstances applicable to the property (including size, shape, topography, location or surroundings) that do not apply generally to property in the same district; 2. The special circumstances applicable to the property deprive the property of privileges enjoyed by other property in the vicinity and under identical zoning classification. 3. The issuance of the variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning in which such property is situated. 4. The variance is not being issued for the purpose of allowing a use that is not otherwise expressly authorized by the zone regulation governing the parcel of the property. 5. The granting of the application will not be detrimental or injurious to property or improvements in the vicinity and will not be detrimental to the public health, safety, and general welfare, or convenience, and to secure the purpose of the title. -375- 591 6. The proposed development and /or use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan, and the purpose of this title and complies with the California Environmental Quality Act (CEQA). 19.156.060 Expansion or Modification of Planned Development or Conditional Use Permits. A. Any significant expansion in building size on site area of a planned development or any significant increase of a conditional use shall necessitate the issuance of a new planned development permit or conditional use permit for the expansion in accord with the provisions of this chapter. B. Any modification to a previously approved planned development permit shall require an application for a modification to the original permit and shall be processed pursuant to the requirements of this Chapter, unless the application is diverted for administrative approval, pursuant to Chapter 19.160, Administrative Approval of Minor Changes in Projects. C. No applications for a planned development permit or conditional use permit shall be necessary for existing uses which were lawful conforming permitted uses and which were rendered conditional by reason of rezoning or change to this title, provided that any expansion in the building site or site area of such use shall be subject to the issuance of a planned development permit or conditional use permit in accord with this chapter. 19.156.070 Change of Use. I. A change from a conditional use or a permitted use to another permitted use requires a modification of the planned development permit, unless the proposed use does not change the general appearance of the project and does not change how the property interacts with neighboring properties. 2. A change from a permitted use or a conditionally permitted use to a different conditional use requires the issuance of separate conditional use permit. -376- 592 CHAPTER 19.160: TEMPORARY USES Section 19.160.010 Conditional Use Permit for Temporary Uses. 19.160.020 Conditions to Issuance. 19.160.030 Findings. 19.160.010 Conditional Use Permit for Temporary Uses. The Director of Community Development may grant a conditional use permit authorizing the use of a site in any zoning district for a temporary use as provided in this chapter. (Ord. 1601, Exh. A (part), 1992) 19.160.020 Conditions to Issuance. A conditional use permit under the provision of this chapter is subject to the provisions that: A. Application for a conditional use permit for temporary uses shall be made in accord with requirements of Chapter 19.12, Administration; B. The permit may include authorization to vary from the specific requirements and regulations of the title as may be solely related to the requested temporary use. 19.160.030 Findings. A conditional use permit for a temporary use may be granted by the Director, if, from the application or the facts presented to him or her, he or she makes the following written findings: A. The granting of the application will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public, health, safety, general welfare, or convenience; and B. The proposed use will be located and conducted in a manner in accord with the Cupertino General Plan and the purposes of this title. -377- 593 CHAPTER 19.164: ADMINISTRATIVE APPROVAL OF MINOR CHANGES IN PROJECTS' Section 19.164.010 Purpose. 19.164.020 Applicability of Regulations. 19.164.030 Diversion of Application for Administrative Approval. * Prior ordinance history: Ords. 1601 and 1630. 19.164.010 Purpose. The purpose of this chapter is to provide a uniform and orderly procedure for expeditious administrative approval of minor changes to existing projects and plans. (Ord. 1790, § 1 (part), 1998) 19.164.020 Applicability of Regulations. A. Type of Applications. This chapter shall apply to a minor change to the following: 1. An approved development plan in a planned development zoning district or RIC district; 2. An existing building or structure requiring site and designs approval; 3. A plan which has received site and design approval; 4. An existing building, structure or plan requiring City Council approval pursuant to a contractual agreement, resolution, motion, action, or uncodified ordinance. B. Conditions. No application shall be diverted for administrative approval under this chapter if any of the following conditions exist: 1. The proposed change is not minor when considered in conjunction with other minor changes to the same project approved under this chapter or under considerations, even though such changes relate to different plans, buildings or structures; 2. In the opinion of the Director of Community Development, the proposed change will be controversial; 3. In the opinion of the Director of Community Development, the proposed change will probably be denied by him or her; 4. In the opinion of the Director of Community Development, the proposed change will probably be denied by the City Council. (Ord. 1790, § 1 (part), 1998) -378- 594 19.164.030 Diversion of Application for Administrative Approval. The Director of Community Development, in his or her discretion, may divert a qualified application of a minor change to the administrative approval process provided in Chapter 19.12, Administration. (Ord. 1790, § 1 (part), 1998) -379- 595 CHAPTER 19.168: ARCHITECTURAL AND SITE REVIEW'S Section 19.168.010 Purpose. 19.168.020 Limitations Regarding Architectural and Site Approval Decisions. 19.168.030 Findings. * Prior ordinance history: Ord. 1778. 19.168.010 Purpose. This chapter is enacted to provide for an orderly process to review the architectural and site designs of buildings, structures, signs, lighting, and landscaping for prescribed types of land development within the City in order to promote the goals and objectives contained in the General Plan, to protect and stabilize property values for the general welfare of the City, to maintain the character and integrity of neighborhoods by promoting high standards for development in harmony therewith, and by preventing the adverse effects associated with new construction by giving proper attention to the design, shape, color, materials, landscaping and other qualitative elements related to the design of developments and thereby creating a positive and memorable image of Cupertino. (Ord. 1844, § 1 (part), 2000; Ord. 1791, § 1 (part), 1998) 19.168.020 Limitations Regarding Architectural and Site Approval Decisions. In its consideration of architectural and site applications, the Approval Body is limited to considering and rendering decisions solely upon the issues in its charge and is precluded from considering or rendering decisions regarding other planning, zoning, or subdivision issues with respect to the subject property unless said application is combined with the appropriate application or applications which address those additional issues. (Ord. 1844, § 1 (part), 2000; Ord. 1791, § 1 (part), 1998) 19.168.030 Findings. A. The Approval Body may approve an application only if all of the following findings are made: 1. The proposal, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2. The proposal is consistent with the purposes of this chapter, the General Plan, any specific plan, zoning ordinances, applicable planned development permit, conditional use permits, variances, subdivision maps or other entitlements to use which regulate the subject property including, but not limited to, adherence to the following specific criteria: :1 596 a. Abrupt changes in building scale should be avoided. A gradual transition related to height and bulk should be achieved between new and existing buildings. b. In order to preserve design harmony between new and existing buildings and in order to preserve and enhance property values, the materials, textures and colors of new buildings should harmonize with adjacent development by being consistent or compatible with design and color schemes, and with the future character of the neighborhood and purposes of the zone in which they are situated. The location, height and materials of walls, fencing, hedges and screen planting should harmonize with adjacent development. Unsightly storage areas, utility installations and unsightly elements of parking lots should be concealed. The planting of ground cover or various types of pavements should be used to prevent dust and erosion, and the unnecessary destruction of existing healthy trees should be avoided. Lighting for development should be adequate to meet safety requirements as specified by the engineering and building departments, and provide shielding to prevent spill- over light to adjoining property owners. c. The number, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures shall minimize traffic hazards and shall positively affect the general appearance of the neighborhood and harmonize with adjacent development. d. With respect to new projects within existing residential neighborhoods, new development should be designed to protect residents from noise, traffic, light and visually intrusive effects by use of buffering, setbacks, landscaping, walls and other appropriate design measures. -381- 597 ATTACHMENT B C. Make recommendations to the City Council on applications in which it is a recommending body; and D. Decide on appeals of decisions pursuant to Section 19.12.030. 19.12.070 Authority of the City Council. Subject to the provisions of this chapter and general purpose and intent of this title, the authority of the City Council is as follows: A. Grant any permits which are authorized to be issued by the City Council pursuant to Section 19.12.030 and any other provisions of the code; B. Decide on appeals of decisions pursuant to Section 19.12.030. 19.12.080 Application Process The following provisions outline the requirements for the filing of applications for permits, entitlements, amendments, and approvals. Unless otherwise specified in this title, all applications for permits, entitlements, amendments and approvals required by this title shall be filed in compliance with this section. Applications for permits, permit modifications, amendments and other matters pertaining to this Chapter shall be filed with the Director of Community Development with the following: A. An application for permit may be made by the owner of record, his or her agent, lessee(s) of property, or person(s) who have contracted to purchase or lease property contingent upon their ability to acquire the necessary permit under this title and who have written authorization from the property owner to make an application. B. Application shall be made on a form provided by the City, and shall contain the followin 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; 8. A traffic analysis, if required; 9. A construction plan, -158- .O 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. c,,,,i, a ddi t ,.,,.,7 i f -matio T he Director of Community Development may deem reasonably require additional information which is pertinent and essential to theapplication. T4 rl;„e„+E)„ of . ,,,,,,,,,; +,. rl,,,,,,i,,,-,,,,,,,,+, ;,.._,;, a ,,,,;,,,,,,,, n t s iR S 1 (1 1 7 !loll /R\ based a toe of to , e p eE 4 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. 4 17. Sign Permit Applications should also include information required per Section 19.104.040. C. Application shall be accompanied by the fee prescribed by City Council resolution, no part of which shall be returnable to the applicant. 19.12.090 Action by Director. Upon receipt of an application for a permit, the Director of Community Development shall: A. Within thirty days determine whether the application is complete or needs additional information and shall inform the applicant. B. Not later than a period stipulated in Section 19.12.100, Decision, below: 1. Set a date for a public hearing or public meeting upon the matter at a regular or special meeting of the approval authority for the project for applications that require a public hearing or public meeting, or 2. Send notice in accord with the requirements of 19.12.110(D) for applications that do not need a public hearing or public meeting. -159- 599 2. Planning Commission and the City Council of a decision by the Design Review Committee. 3. City Council of a decision by the Planning Commission. 19.12.160 Effective date. A. A permit approved by the City Council shall take effect ten days following the date that the findings are adopted. B. Specific Plans, General Plan Amendments, Zoning Ordinance /Map Amendments, and Development Agreements shall become effective thirty (30) days following the final date of action (e.g., adoption) by the City Council. C. All other permits shall take effect fourteen calendar days following the date that the findings are adopted by the appropriate Approval Body, unless an appeal is filed as provided in Section 19.12.170. 19.12.170 Appeals A. An appeal may be filed by any person, firm or corporation aggrieved or affected by any grant, denial, modification or revocation of any permit, or any determination or interpretation related to any provision of this title. B. Filing: 1. An appeal shall be in writing on forms prescribed by the City and shall be filed during regular office hours with the City Clerk within fourteen calendar days after the mailing of notice of the City decision or if a notice of decision is not required, from the date of the decision or determination, ^r a eter - ,i o f t o e r,;,.,,,,+,., under this title. An appeal not filed within such time shall be barred. The appeal shall state the grounds and basis thereof. 2. Appeals under this chapter are subject to an appeal fee as prescribed by resolution of the City Council. C. Noticing: Notice of hearing shall be given in the same manner in which the original notice was given. If a project with no noticing is appealed, appropriate noticing shall be determined by the Director of Community Development. D. Appeal hearing body shall be determined in accord with Section 19.12.030, Approval Authority. E. Decision of the appeal hearing body: The decision or determination of the appeal hearing body on any appeal shall be final and effective immediately. F. Notice of Decision: Notice of the appeal hearing body's decision shall be mailed to the original applicant, to the person filing the appeal, and to any other person who has filed a written request with the City Clerk. 19.12.180 Expiration, Extension and Revocation. A. Expiration. 1. Approval on a permit or variance shall become null and void and of no effect, within the time frame specified in Section 19.12.030 following its issuance, unless a shorter or longer time period is specifically prescribed in the conditions of permit or variance, unless: -164- 600 CHAPTER 19.104: SIGNS Section 19.104.010 Purpose and Intent 19.104.020 Applicability of Regulations 19.104.030 Permit Required 19.104.040 Si o m1 Permit Application Requirements 19.104.050 Sioii Permit Application - Review Criteria 19.104.060 Inspection Requirements 19.104.070 Appeals 19.104.080 Obstructions Prohibited 19.104.090 Construction and Maintenance Specifications. 19.104.100 Signs Exempt from Permit Requirements. 19.104.110 Prohibited Signs. 19.104.120 Signs in Special Planning Districts. 19.104.130 Sign Program - Applicability, Requirements and Findings. 19.104.140 Permanent Wall Signs. 19.104.150 Permanent Window Signs, Blade Signs & Logos, Symbols or Insignias. 19.104.160 Ground Signs. 19.104.170 Gasoline Station Signs. 19.104.180 Electronic Readerboard Signs, Changeable Copy Signs, Exposed & Visible Neon Signs, Decorative Statuary and Beverage Container Recycling Signs. 19.104.190 Signs in and near Residential Districts. 19.104.200 Freeway Orientation. 19.104.210 Landmark Signs. 19.104.220 Design Criteria - Permanent Signs. 19.104.230 Illumination Restrictions. 19.104.240 Temporary Signs - Location. 19.104.250 Temporary Flags, Garage Sales, Temporary Political Signs and Subdivision Signs 19.104.260 Temporary Real Estate Signs and Project Announcement Signs 19. 104.270 Temporary Special Event Banners, Promotional Devices, and Portable Signs and Displays. 19.104.280 Temporary Window Signs. -279- 601 19.104.030 Permit Required. All signs which are not exempted by Section 19.104.100 require a sign permit to be approved by the Director. The Director shall review and approve, approve with conditions or deny the application within thirty calendar days from receiving an application for a sign. 19.104.040 Sign Permit Application Requirements An application for sign approval shall, in addition to information required in Chapter 19.12, Administration shall contain information regarding the size, color and samples, illumination intensity and type, materials, number, location, type of signs, and the location of the business on the site. 19.104.050 Sign Permit Application - Review Criteria The Approval Body shall review the sign application to ensure that the following criteria are met: A. The proposed sign meets the requirements of this title or any special conditions imposed in the development. B. The proposed sign's color and illumination is not in conflict with the safe flow of traffic on the City streets. C. The sign is in conformance with the Design Criteria in Section 19.104.220 of this Title. 19.104.060 Inspection Requirements. The Building Inspector or Planner shall have the authority to review the light intensity of all illuminated signs with the power to require reduction of the light intensity to ensure that the sign's illumination does not exceed the illumination standards as regulated by Section 19.104.230. 19.104.070 Appeals. A decision by the Approval Body regarding the approval or revocation of a sign permit or removal of a sign may be appealed pursuant to Chapter 19.12, Administration. 19.104.080 Obstructions Prohibited. No sign or other advertising structure shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window, fire escape, driveway, sidewalk or bike path. 19.104.090 Construction and Maintenance Specifications. A. All signs shall conform to the building and wind load requirements of the Uniform Building Code and Uniform Electrical Code as adopted in Title 16 of the Cupertino Municipal Code. B. All signs with internal illumination shall be constructed of noncombustible materials, be approved by Underwriters Laboratory (UL), U.S. Bureau of Standards, or other similar institution of recognized standing, and be maintained in satisfactory condition or be immediately repaired or replaced. -281- & Use/ Zoning Size Time Period Location Review Criteria Maximum Maximum Area Height • Shall not be located on the • Two sides street or on street medians. maximum • Shall not be located on private property without oral or written consent of the owner or person entitled to possession of said property. Except • Shall maintain 36 inches of • Shall not be Political clear and continuous width illuminated. 4 s.f. per Signs, all along a sidewalk or pathway All side 3 ft. signs must plus any other area needed be for handicapped accessibility. removed • All parts of the sign shall be • Shall not restrict in at sunset. set back minimum 18 inches any way the safe from the face of the curb or vision of any from the edge of the street, vehicular or bicycle or vehicle travel lane, pedestrian traffic or whichever is the greatest obstruct any distance from the edge of the directional or safety street, bicycle or vehicle signs permitted by travel lane. the City. D. Persons who place temporary signs in public rights -of -way are encouraged to notify and seek concurrence of adjacent property owner(s) and resident(s) before placing temporary signs. E. The provisions of Section 19.104.240(B), (C), and (D) shall not be applicable to the following: The maintenance of signs affixed or painted upon public or private motor vehicles; 2. The maintenance of signs affixed to Santa Clara County Transit District bus shelters; 3. The maintenance of banners affixed to the top of the city -owned stanchions located at a site over Stevens Creek Boulevard between Wolfe Road and Portal Avenue; 4. The maintenance of banners affixed to the top of the city -owned light poles located over Stevens Creek and De Anza Boulevards; and 5. The maintenance of hazard markers or emergency signs. 19.104.250 Temporary Signs _ Flags, Garage Sales, TemporafyPolitical Signs and Subdivision Signs Table 19.104.250sets forth the rules, regulations and processing applicable to Temporary Signs - Flags, Garage Sales, Te+ ^raV; Political Signs and Subdivision Signs. 19.104.260 Temporary Signs _ Real Estate Signs and Project Announcement Signs Table 19.104.260 sets forth the rules, regulations and processing applicable to Temporary Signs - Residential Real Estate, Non- residential Real Estate Signs and Project Announcement Signs. -294- 603 Table 19.104.250: Temporary Flags, Garage Sales, TempoEafy Political Signs and Subdivision Signs CDD = Community Development Director; S.f. = square feet; ft = feet -295-604 SiRHeimht Information Maximum m Use/ Zoning Number Time Period Contained Review Criteria Area ' Two weeks for • In conjunction with a grand opening or Number e No more each special event special promotional activity. Commercial subject to approval by N/A than 20 above ' Shall be removed N/A • Meets Requirements with regard to Special CDD ground within 5 days after Event Banners, Promotional Devices, Portable A. Flags special event Signs and Displays Two flag poles 4 s.f. Residential for each model No more Same as One year N/A N/A home of a new than 2 above development sides B. Garage One on -site • Must be a bonafide garage sale activity as Sales Residential Three off -site 8 s.f. 6 ft Length of sale N/A defined in Chapter 5.16 of Municipal Code •Off -site signage subject to Section 19.104.240 • No permit required. • Until 5 days after election. • Subject to requirements of Section C. 4 s.f. 19.104.240 Temporary No more • If not removed • If the Director of Public Works finds that a Political All No limit than 2 N/A within time limit, N/A sign otherwise permitted, is an immediate Signs sides City may remove peril or menace to pedestrian or vehicle signs subject to traffic, he or she may cause it to be removed Chapter 17.52. summarily pursuant to Section 19.104.340(C) • Shall meet requirements of Section • One year or until 19.104.240 and permit issued by CDD. all units are sold, Direct • Application shall include a list of all other D. whichever is customers such signs including sign area and street Subdivision Non - Tluee 32 s.f. per 6 ft sooner. along the most location. Signs residential face. • Extensions may route . Subdivisions not in Cupertino shall not be be granted. hgh the t hrroouu permitted such signs. city. • Two sign faces maximum. 0" V" shaped signs prohibited. CDD = Community Development Director; S.f. = square feet; ft = feet -295-604 Table 19.104.260: Temporary Signs - Residential Real Estate, Non - residential Real Estate and Project Announcement Signs CDD = Community Development Director; S.f. = square feet; ft = feet -296-605 Size Number Time Period Information Contained Review Criteria Maximum Maximum Area Height • One freestanding sign per street 4 s.f. 6 ft Length of sale N/A • Subject to requirements of frontage. Two signs Section 19.104.240 maximum. • One building A. Residential mounted banner - in lieu of one 4 s.f. N/A See above N/A N/A Real Estate freestanding si • Subject to requirements of • One offsite for 4 s.f. N/A Remove at sunset N/A Section 19.104.240 & on -site sale /rent sign si a e • Six offsite open N/A N/A Remove at sunset • Subject to requirements of house signs N/A Section 19.104.240 • Length of sale or • One freestanding time to lease /rent. • Name of real estate agent or • No more than two faces. "V" 32 s.f. per 6 ft • Maybe installed owner, address, phone number signs prohibited. May not sign per street frontage. face. up to thirty days and other pertinent reasonably obstruct visibility of prior to any tenant information. any permanent ground sign. vacant • One building • Allowed only if no B. Non- mounted banner 32 s.f. per Same as Same as freestanding sign placed along residential per elevation facing face freestanding reestanding sign Same as freestanding sign that street frontage. Location Real Estate an adjacent public sign gn shall meet requirements of street. Section19.104.140 • One offsite sign • On private property with per street frontage. Same as approval and consent of • Maximum of two 32 s.f. per freestanding Same as Same as freestanding sign property owner on whose signs per off -site face. sign freestanding sign property sign is to be located. parcel. Shall meet requirements of Section 19.104.240 • One year or until Names of project and owner, • New projects under C. • Two freestanding Combined all units are sold, address, telephone number construction, including Project signs or banners area: 64 6 ft whichever is sooner. contact information, subdivisions of 5 or more units. Announcement maximum s.f. • Extensions may be leasing /sale information, dates Sign of anticipated completion and a granted. list of contractors involved. • Permit issued by CDD CDD = Community Development Director; S.f. = square feet; ft = feet -296-605 19.104.270 Temporary Signs - Special Event Banners, Promotional Devices, and Portable Signs and Displays. A. General Authorization. Special event banners, promotional devices, and portable signs and displays are permitted in all commercial, industrial, office and institutional zoning districts subject to the issuance of a permit by the Director which conforms to the provisions of this section. B. Public objectives. 1. Enhance pedestrian experience, activity and convenience. 2. Maintain the economic stability of the City by enhancing vitality of business. 3. Provide attractive, effective and visible identification reflecting the individual character of the business. C. Special event banners. The Director may issue a permit for a Special Event Banner for each business within the above - described zoning districts under the following provisions: 1. The banner shall only be displayed for a maximum of 120 days within a 360 -day period. 2. The banner shall be building mounted and have only one face not exceeding one hundred square feet in area. 3. The banner shall be placed on a building in accordance with the limitations specified in Section 17.24.050 of this title related to building clearance and roofline levels. 4. Unless otherwise determined by the Director, the display of the banner shall be subject to the tenant schedule for shopping centers as provided in Subsection 19.104.270(E) D. Promotional devices. In addition to special event banners described in division C. above, the Director may issue a permit for a promotional device for each business within the above - described zoning districts under the following provisions: 1. For advertising a special event for an existing business, promotional devices may be displayed for a maximum three -day period, four times within a calendar year. 2. For conducting a grand opening of a new business, promotional devices (other than search lights, hot air balloons or other extremely large devices as determined by the Director) may be displayed during the first year of a new business's operations for the sole purpose of announcing the grand opening of that business. 3. The device shall not displace parking or be located in a landscaped front set back area. 4. The device shall be compatible with adjoining uses, particularly residential uses. 5. Tethered balloons used for promotional purposes may not exceed twenty -five feet above the building where the special event or grand opening is occurring. 6. Unless otherwise determined by the Director, the display of the device shall be subject to the tenant schedule for shopping centers as provided in Subsection 19.104.270(E). 7. Subject to the approval of the Director and the Public Works Department, a promotional device may be located within the public right of way based upon the degree of impact the device will have on traffic circulation as well as upon the environment of the surrounding uses. -297- .1. CHAPTER 19.108: BEVERAGE CONTAINER REDEMPTION AND RECYCLING CENTERS Section 19.108.010 Purpose. 19.108.020 Applicability of Regulations/ Penalty. 19.108.030 Permits Required. 19.108.040 Permits for Multiple Sites. 19.108.050 Criteria and Standards. 19.108.010 Purpose. The purpose of this chapter is to establish regulations regarding beverage container redemption and recycling centers. (Ord. 1682, (part), 1995) 19.108.020 Applicability of Regulations/Penalty. It is unlawful for a recycling facility to be placed, erected, moved, reconstructed or altered unless made to comply with the provisions of this title. Violation of this chapter is an infraction and is punishable as provided in Chapter 1.12 of this code. (Ord. 1682, (part), 1995) 19.108.030 Permits Required. No person shall place, construct, or operate a recycling facility without first obtaining a permit pursuant to the provisions set forth in this section. Recycling facilities may be permitted as set forth in table 19.108.030. Table 19.108.030 T; r e of ^ ' �; , ones Pe-F+F to , Permits Required Type of Facility Zones Permitted Permit Required hldoor Reverse vending machines All commercial None Reverse vending machines • All commercial Admin. Use permit • All industrial • All planned development zones which permit commercial, office and industrial activity • BA and BQ -303- 607 Type of Facility Zones Permitted Permit Required Small collection + All commercial Admin. Use permit a. Grouping of reverse vending . All industrial b. Mobile recycling: enclosed . All planned development vehicle zones which permit commercial, office, and industrial activity • BA and BQ Small collection . All commercial Architectural and Site a. Bulk vending machines . All industrial Approval - DRC b. Kiosk units . All planned development c. Mobile recycling: open vehicle zones which permit d. Mobile recycling: enclosed commercial, office, and vehicle that utilizes external industrial activity collection bins . BA and BQ e. Unattended containers Admin. Use permit Large collection . Light industrial Conditional Use Permit • BA and BQ • All planned development which allows light industrial activities Light processing . Light Industrial Conditional Use Permit • All planned development which allows light industrial activities Heavy processing . Light Industrial Conditional Use Pernut • All planned development which allows light industrial activities (Ord. 1682, (part), 1995) 19.108.040 Permits for Multiple Sites. A single applicant may process an application to allow more than one reverse vending machine installation or small collection facility located on different sites under the following conditions: A. The operator of each of the proposed facilities is the same; B. The proposed facilities are determined by the Director of Community Development to be similar in nature, size and intensity of activity; and C. All of the applicable criteria and standards set forth in Section 19.104.030 of this chapter are met for each such proposed facility. -304- -0