CC Ordinance No. 23-2247 Commissions and Committees1
ORDINANCE NO. 23-2247
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO TO
REPEAL MUNICIPAL CODE CHAPTERS 2.84, 2.90, AND 2.96; TO ADOPT
MUNICIPAL CODE CHAPTER 17.02; AND TO AMEND MUNICIPAL CODE
CHAPTERS 2.32, 2.88, 9.20, 19.08, 19.12, 19.28, 19.104, AND 19.124, REGARDING
CITY COMMISSIONS AND COMMITTEES
The City Council of the City of Cupertino finds that:
WHEREAS, on January 25, 2023, the City Council held a special meeting to
consider the responsibilities of commissions and committees in the City of Cupertino;
and
WHEREAS, at the January 25 meeting, Council directed staff to return to Council
with amendments to the Municipal Code to dissolve the Environmental Review
Committee, the Design Review Committee, and the Economic Development Committee;
and
WHEERAS, Council further directed staff to make modifications to the powers
and functions of the Audit Committee; and
WHEREAS, Council further directed staff that the responsibilities of the dissolved
committees should be transferred to other approval authorities or advisory bodies or to
the Council itself.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES
ORDAIN AS FOLLOWS:
SECTION 1. Adoption.
A. Cupertino Municipal Code sections 2.84, 2.90, and 2.96 are hereby repealed in
their entirety.
B. The City Council hereby adopts Municipal Code Chapter 17.02, and amends Title
17 of the Cupertino Municipal Code as follows:
Chapter 17.02: California Environmental Quality Act
17.02.010 Review of CEQA Documents.
Ordinance No. 23-2247
Page 2
The approval authority for any discretionary project undertaken by the City
shall be responsible for the review and approval of negative declarations and
environmental impact reports prepared pursuant to the California
Environmental Quality Act. If a legislative body advisory to the City Council
makes recommendations with respect to the approval of any discretionary
project that is not exempt from environmental review under the California
Environmental Quality Act, the advisory body shall consider the negative
declaration or environmental impact report for the project at a public hearing
and may make recommendations to the City Council regarding the
environmental review document.
17.02.020 CEQA Procedures
Pursuant to Title 14, Section 15022(d) of the California Code of Regulations, the
CEQA Guidelines adopted by the Governor’s Office of Planning and Research
Title 14, Division 6, Chapter 3 of the California Code of Regulations), as may be
amended from time to time, shall apply to all discretionary projects in the City.
The City Manager shall promulgate any administrative procedures necessary to
tailor the guidelines to the specific operations of the City.
C. The Cupertino Municipal Code is further amended as set forth in Attachment A.
SECTION 2: Repeal of Prior Resolutions.
Cupertino City Council Resolution No. 5351 and any other prior enactment of the City
Council establishing environmental assessment procedures that are inconsistent with
this Ordinance are hereby repealed.
SECTION 3: Severability and Continuity.
The City Council declares that each section, sub-section, paragraph, sub-paragraph,
sentence, clause and phrase of this ordinance is severable and independent of every
other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of
this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause
or phrase of this ordinance is held invalid, or its application to any person or
circumstance, be determined by a court of competent jurisdiction to be unlawful,
unenforceable or otherwise void, the City Council declares that it would have adopted
the remaining provisions of this ordinance irrespective of such portion, and further
declares its express intent that the remaining portions of this ordinance should remain
in effect after the invalid portion has been eliminated. To the extent the provisions of
this Ordinance are substantially the same as previous provisions of the Cupertino
Ordinance No. 23-2247
Page 3
Municipal Code, these provisions shall be construed as continuations of those
provisions and not as an amendment to or readoption of the earlier provisions.
SECTION 4: California Environmental Quality Act.
This Ordinance is exempt from the requirements of the California Environmental Quality
Act pursuant to CEQA Guidelines section 15320 (Changes in Organization of Local
Agencies) and section 15061(b)(3) (no possibility to have a significant effect on the
environment).
SECTION 5: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by Government
Code Section 36937.
SECTION 6: Publication.
The City Clerk shall give notice of adoption of this Ordinance as required by law.
Pursuant to Government Code Section 36933, a summary of this Ordinance may be
prepared by the City Clerk and published in lieu of publication of the entire text. The
City Clerk shall post in the office of the City Clerk a certified copy of the full text of the
Ordinance listing the names of the City Council members voting for and against the
ordinance.
INTRODUCED at a regular meeting of the Cupertino City Council on February
21, 2023 and ENACTED at a regular meeting of the Cupertino City Council on March 7,
2023 by the following vote:
Members of the City Council
AYES: Wei, Mohan, Fruen
NOES: Chao, Moore
ABSENT: None
ABSTAIN: None
Ordinance No. 23-2247
Page 4
SIGNED:
Hung Wei, Mayor
City of Cupertino
Date
ATTEST:
Kirsten Squarcia, City Clerk Date
APPROVED AS TO FORM:
Christopher D. Jensen, City Attorney Date
Christopher D. Jensen Mar 21, 2023
3/23/2023
3/23/2023
Attachment A – Page 1
ATTACHMENT A - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO TO REPEAL MUNICIPAL CODE CHAPTERS 2.84, 2.90, AND 2.96; TO
ADOPT MUNICIPAL CODE CHAPTER 17.02; AND TO AMEND MUNICIPAL
CODE CHAPTERS 2.32, 2.88, 9.20, 19.08, 19.12, 19.28, 19.104, AND 19.124,
REGARDING CITY COMMISSIONS AND COMMITTEES
The sections of the Cupertino Municipal Code set forth below are amended or adopted as follows:
1. Amendments to Chapter 2.32 concerning the Planning Commission
2.32.070 Powers and Functions.
The powers and functions of the City Planning Commission shall be as follows:
A. Prepare, periodically review, and revise as necessary, the General Plan;
B. Implement the General Plan through actions including, but not limited to, the
administration of specific plans and zoning, subdivisions, and sign ordinances;
C. Annually review the capital improvement program of the City and the local
public works projects of other local agencies for their consistency with the General Plan
pursuant to Sections 65400 et seq. of the California Government Code);
D. Endeavor to promote public interest in, comment upon, and understanding of the
General Plan, and regulation relating to it;
E. Consult and advise with public officials and agencies, public utility companies,
civic, educational, professional, and other organizations and citizens generally
concerning implementation of the General Plan;
F. Promote the coordination of local plans and programs with the plans and
programs of other agencies;
G. Perform other functions as the City Council provides including conducting
studies and preparing plans other than those required or authorized by state law.
2. Amendments to Chapter 2.88 concerning the Audit Committee
2.88.100 Duties–Powers–Responsibilities.
The powers and functions of the Audit Committee shall be as follows:
A. To review the annual audit report and management letter;
B. To recommend appointment of auditors;
C. To review the Quarterly Treasurer’s investment report;
D. To recommend a budget format;
E. To review City investment policies and internal controls of such policies;
F. To recommend appointment of internal auditors;
G. To review internal audit reports;
H. To review quarterly Fraud, Waste, and Abuse Program reports
Ordinance No. 23-2247
Page 2
Attachment A- Page 2
3. Amendments to Chapter 9.20 concerning the Local Assessment Committee
9.20.090 Appointment of Local Assessment Committee.
Within thirty days after acceptance of the application(s) for local land use approval
actions as complete, the City Council shall appoint a Local Assessment Committee in
accordance with the provisions of Section 9.20.230 of this chapter.
A. Scoping Meeting. Within the prescribed statutory time limits following notification
to OPA that the application(s) for local land use approval(s) is/are complete, the OPA
shall convene a scoping meeting at a date, time and place within the City, subject to the
hearing notice requirements provided in Section 9.20.280 of this chapter. The purpose of
said scoping meeting is to determine the issues which concern the agencies required to
review the proposed facility, and the issues which concern the public, including review
of the project under the California Environmental Quality Act. The applicant, the LAC,
the Cupertino Director of Community Development, and representatives of the lead
agency and responsible agencies shall attend the scoping meetings.
B. Meet and Confer. Following the scoping meeting described in subsection A, the
applicant, the Local Assessment Committee (LAC) and LAC staff shall meet and confer
for purposes of establishing terms and conditions under which the proposed offsite
hazardous waste facility may be acceptable to the city. Based on the results of the meet
and confer session, the applicant may amend the application materials submitted for the
local land use decision. The requirement for environmental assessment for the project
may be waived by the City if the applicant agrees that an environmental impact report
must be prepared for the project.
9.20.100 Environmental Assessment. [repealed]
9.20.110 Public Hearing by Planning Commission.
A. The City shall conduct a public hearing before the Planning Commission for the
local land use application(s) affecting the proposed off-site hazardous waste facility. The
public hearing shall be subject to the notification requirements described in Section
9.20.280 of this chapter.
B. The Planning Commission’s decision(s) on the application(s), whether a final action
or a recommendation to the City Council, shall be rendered in accordance with
procedural ordinance, Ordinance No. 652.
C. The Planning Commission’s decision(s) to approve the application(s), whether final
action or a recommendation to the City Council, shall be accompanied by the following
written findings for each separate action:
1. That the proposed facility is consistent with the Cupertino general plan;
Ordinance No. 23-2247
Page 3
Attachment A- Page 3
2. That the proposed facility will not be detrimental to the health, safety or general
welfare of the community;
3. That the proposed facility is consistent with the provisions of the Association of
Bay Area Governments’ regional fair share memorandum of understanding, and with the
siting policies established in the Santa Clara County hazardous waste management plan;
4. That the proposed facility is consistent with the siting criteria stated in Section
9.20.290 of this chapter.
4. Amendments to Title 19 concerning the Design Review Commission
19.08.030 Definitions.
Permit" means a permit issued by the City Council, Planning Commission, 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.
Note: Other definitions omitted.]
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.
Attachment A – Page 4
Table 19.12.030 - Approval Authority
Type of Permit or Decision A, B
Administrative
Review
Arts and
Culture
Commission
Planning
Commission City Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing/ Noticing
Radius D
Posted
Site
Notice
Expirati
on
Date E
Chapter/ Findings
General Plan Amendment
Major F - R F PH CA. Govt. Code
65350-
65362
Yes - CA. Govt. Code
65350-
65362MinorG - R F PH Yes -
Zoning Map Amendments
Major F - R F PH CA. Govt. Code
65853-
65857
Yes - 19.152.020
Minor G - R F PH Yes -
Zoning Text Amendments - R F PH
CA. Govt. Code
65853-
65857
19.152.030
Specific Plans - R F PH
CA. Govt. Code
65350-
65362
20.04.030
Development Agreements - R F PH CA. Govt. Code
65867 Yes - 19.144.120
Development Permits
Major F, H - F/R A1/F PM
19.12.110/300'
Yes 2 years
19.156.050
Minor G F A1 A2 PM Yes 2 years
Conditional Use Permits
Major F, H, I F A1/F/R A1/ A2/F PH CA. Govt. Code
65905
Yes 2 years
19.156.050
Minor G, I F A1/F/R A1/ A2/F PH Yes 2 years
Temporary F A1 A2 - None No 1 year None/ 19.160.030
Density Bonus (Residential) R F
Based on
concurrent
application
19.56
Adult-Oriented Commercial Activity (CUP) R F PH CA. Govt. Code
65905/300' Yes 2 years 19.128.030 &
19.128.040
Architectural and Site Approval
Major J F A1 A2 PM
19.12.110/
Yes 2 years
19.168.030
Minor K F A1 A2 PM Yes 2 years
Amendment
Major F, H - F A1 Varies L Yes 2 years 19.44,
Ordinance No. 23-2247
Page 5
Attachment A- Page 5
Table 19.12.030 - Approval Authority
Type of Permit or Decision A, B
Administrative
Review
Arts and
Culture
Commission
Planning
Commission City Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing/ Noticing
Radius D
Posted
Site
Notice
Expirati
on
Date E
Chapter/ Findings
Minor G F A1 A2 Varies L Depends on permit
being amended L Yes 2 years
19.144,
19.156,
19.164
Minor Modification F A1 A2 - None No 2 years 19.164
Hillside Exception/ Height Exception/ Heart
of the City Exception I - F A1 PH 19.12.110/300' Yes 2 years
19.40.080,
19.24.070,
19.136.090
Variance F A1 A2 PH CA. Govt. Code
65905 Yes 2 years 19.156.060
Status of non- conforming Use - F A1 PH 19.12.110/300' Yes - 19.140.110
Wireless Antennas I F F/ A1 A2 Varies I Depends on
application type Yes 2 years 19.136.090
Signs
Permits F A1 A2 - None No 1 year 19.104
Neon, Reader board & Freeway Oriented
Signs I F - F/A1 A1/A2 PM 19.12.110/300’ No 1 year 19.104
Programs F A1 A2 - None No 1 year
19.104
Exceptions I F A1 PM 19.12.110/
Adjacent Yes 1 year 19.104.290
Parking Exceptions I FM - F/A1 A1
A2 Varies M
19.12.110/
Adjacent/ 300’ N Yes 1 year 19.124.050
Fence Exceptions
F - A1 A2 L PM 19.12.110/
Adjacent Yes 1 year 19.48.060
Front Yard Interpretation F A1 A2 PM 19.12.110/
Adjacent Yes 1 year 19.08
R-1 Ordinance Permits
Two-story I F - F/A1 A1 L/ A2 Varies I
19.12.110/
Adjacent
Yes 1 year 19.28.140
Minor Residential F A1 A2 CP No 1 year
Exceptions I - - F A1 PM Yes 1 year
Miscellaneous Ministerial Permit F - - None Adjacent Yes 1 Year 19.28.150 and
19.40.090
Miscellaneous Ministerial Permit Not Allowed
Ordinance No. 23-2247
Page 6
Attachment A- Page 6
Table 19.12.030 - Approval Authority
Type of Permit or Decision A, B
Administrative
Review
Arts and
Culture
Commission
Planning
Commission City Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing/ Noticing
Radius D
Posted
Site
Notice
Expirati
on
Date E
Chapter/ Findings
Protected Trees
Tree Removal F A1 A2 CP Adjacent unless
exempt Yes 1 year 14.18.180
Heritage Tree Designation & Removal - F A1 PM 19.12.110/
300' Yes - 14.18
Tree Management Plan F A1 A2 - None No - 14.18
Retroactive Tree Removal F A1 A2 - None No - 14.18
Reasonable Accommodation F A1 A2 - None No 1 year 19.52.050
Extensions O
Parking, Fence & Sign Exceptions & Front
Yard Interpretations F A1 A2 - None No 1 year
Neon, Reader board & Freeway Oriented
Signs F A1 A2 - None No 1 year
Two Story Permits, Minor Residential
Permits and Exceptions F A1 A2 - None No 1 year
Tree Removals F A1 A2 - - No 1 year
All other projects F A1 A2 - 19.12.110/
None No 2 years
Miscellaneous Ministerial Permit Not Allowed
Public Art Architectural and Site Approval Permits
Public Art - F - A1 PM None None None 2.80 and 19.148
Art in lieu payment - R - F PM None None None 2.80 and 19.148
KEY:
R—Review and recommendation body F—Final decision-making body unless appealed
A1—Appeal Body on first appeal A2—Appeal body on second appeal
PH—Public Hearing PM—Public Meeting
CP—Comment Period
Attachment A – Page 7
Notes:
A. Permits can be processed concurrently with other applications, at the discretion of
the Director of Community Development.
B. Projects with combined applications shall be processed at the highest level of
approval in conformance with Section 19.04.090.
C. Public Hearing: Projects types that need noticing pursuant to the CA Government
Code; Public Meeting: Project types that need only a mailed notice and no newspaper
notices; Comment Period: Project types that need only a mailed notice and do not need
a public hearing or public meeting.
D. Noticing Radius of an application in a combined application shall correspond to the
maximum noticing radius required for any one of the applications.
E. Expiration date of an application in a combined application shall correspond to the
maximum expiration date allowed for any one of the development applications (not
including Subdivision Map Act applications, General Plan Amendments and Zoning
Map or Text Amendments.)
F. Major General Plan Amendment, Conditional Use Permit, Development Permit
application - for more than ten thousand square feet of commercial and/or industrial
and/or office and/or other non-residential use, or greater than six residential units.
G. Minor General Plan Amendment, Conditional Use Permit, Development Permit
application - for ten thousand square feet or less of commercial and/or industrial and/or
office and/or other non-residential use, or six or less residential units.
H. City Council review for applications with new development greater than fifty
thousand square feet of commercial, and/or greater than one hundred thousand square
feet of industrial and/or office and/or other non-residential use, and/or greater than fifty
residential units.
Planning Commission review for all other applications.
I. Please see specific zoning district regulations or chapters in this title that apply to the
subject property or project for approval authority.
J. Major Architectural and Site Approval application - architectural and site approval
for all projects that are not a Minor Architectural and Site Approval application.
Ordinance No. 23-2247
Page 8
Attachment A- Page 8
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. Meeting type and noticing are dependent on the underlying permit being modified.
M. Parking Exceptions approved by the Director of Community Development need a
comment period.
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.
19.12.050 [repealed]
19.12.120 Action by Director of Community Development–Administrative.
A. For applications requiring Administrative review with no 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, issue his or her decision
no later than thirty days from receipt of all information, unless referred to a different
approval authority for a decision.
B. For applications requiring Administrative review 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:
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
Ordinance No. 23-2247
Page 9
Attachment A- Page 9
3. Defer action by taking the item under advisement and issuing the decision no
later than thirty days following the public meeting, public hearing or comment period.
No additional noticing is required if a project is continued.
C. For applications where a public meeting or public hearing is required to be held
before the Director of Community Development, the meeting shall be held in the same
manner as a Planning Commission meeting.
19.12.130 Action by Planning Commission.
A. For applications where the 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.
B. For zoning map amendments, on the basis of evidence and testimony presented to
the Planning Commission at the public hearing, the Planning Commission may
determine that the public interest will be served, either by revising the area being
considered for reclassification to include properties not originally part of the
application, or by giving consideration to district classifications not originally requested
by the application. The Planning Commission may, solely at its option, consider
additional properties or district classifications, or both.
C. For applications requiring City Council approval, the reviewing body shall
forward its written findings, determinations and recommendation to the City Council
for final action, subject to the requirements of Section 19.12.100.
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 comment 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 comment period or
during revocation proceedings.
Ordinance No. 23-2247
Page 10
Attachment A- Page 10
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 or Planning
Commission shall be final unless appealed in accord with Section 19.12.170. A decision
of the City Council shall be final.
B. Reports: The Director of Community Development shall endeavor to forward
reports, within five calendar days from the date of the decision, to the:
1. Planning Commission and the City Council of a decision by the Director of
Community Development.
2. City Council of a decision by the Planning Commission.
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.
Table 19.28.040 Permits Required
Planning permit
required prior to
building permit
application
Type of Project Approval
Authority
A. None One-story single-family project that does not require
exception or variance from the requirements of this
chapter
Admin.
B. Minor Residential
Permit, pursuant to
Chapter 19.12,
Administration
1. One-story encroachment into a required rear yard
setback, subject to requirements of Section
19.28.070
Admin2. One-story extension of an existing side yard
nonconforming building wall line, subject to
requirements of Section
Ordinance No. 23-2247
Page 11
Attachment A- Page 11
Table 19.28.040 Permits Required
Planning permit
required prior to
building permit
application
Type of Project Approval
Authority
19.28.100 in all districts except R1-a
3. One-story project with a gable end of a roof
enclosing an attic space projecting outside the
building envelope, subject to requirements of
Section 19.28.070 or 19.28.080
4. New or expanded second story deck or balcony
with views into neighboring residential side or
rear yards in all districts except R1-a or on any
project previously developed pursuant to
Government Code Section 65852.21
5. Any active or passive solar structure that requires
variation from the setback or height restrictions
of this chapter, provided that no such structure
shall infringe upon solar easements or adjoining
property owners
6. One or two-story addition or new home on a
sloped single-family residential lot with
development on building pads/graded areas with
actual slopes equal to or greater than 20% and
with total floor area ratio of all structures on the
lot greater than 35%
C. Director’s Minor
Modification, pursuant
to Chapter 19.12,
Administration
Encroachment of porch elements into the required
front yard setback in the R1-a zone, subject to the
requirements of Section 19.28.100
Admin
D. Two-Story Permit,
pursuant to Chapter
19.12, Administration
Two-story addition or new two-story home in all
districts that do not require Residential Design
Review per Section 19.28.040(I) except in an R1-a
zone
Admin
E. Residential Design
Review, pursuant to
Chapter 19.12,
Administration
Two-story addition or new two-story home in all
districts except R1-a where:
1. Second floor to first floor area ratio is greater
than 66%, except any second to first floor ratio
for development on building pads/graded
areas with actual slopes equal to or greater
than 20%; and/or
Admin. with
design review
Ordinance No. 23-2247
Page 12
Attachment A- Page 12
Table 19.28.040 Permits Required
Planning permit
required prior to
building permit
application
Type of Project Approval
Authority
2. Where second story side yard setback(s) are
less than 15 feet to any interior side property
line
Two-story addition, new two-story home, and/or
second story deck in the R1-a zone PC
F. Exception, pursuant
to Chapter 19.12,
Administration &
Section 19.28.130 ,
Exceptions
One or two-story project requesting an exception
from Sections 19.28.070 [Development Regulations
Building)],
19.28.080 [Eichler R1-e Building Design
Requirements], and/or 19.28.110 [Landscape
Requirements].
PC
G. Hillside Exception,
pursuant to Chapter
19.12,
Administration
Development (area greater than 500 square feet) on
slopes greater than 30%
PC
H. Architectural and
Site Approval,
pursuant to Chapter
19.12,
Administration
One or two-story addition or new home on a sloped
single-family residential lot with development on
building pads/graded areas with actual slopes equal
to or greater than 20% and where the cut plus fill of
the site exceeds 2,500 cubic yards
I. Conditional Use
Permit, pursuant to
Chapter 19.12,
Administration
Two-story addition or new two-story home in an R1
zoning district with an “i” suffix
J. Single-Story Overlay
District Application,
pursuant to Chapter
19.12 ,
Administration
Establishment or removal of a Single-Story Overlay
District in a Single Family Residential District
Addition or removal of the “I” suffix in an R1
zoning district)
CC
K. Miscellaneous
Ministerial Permit
1. New one or two-story duplex project in an R1
zoning district pursuant to Government Code
Section 65852.21
2. New one or two-story single-family home,
secondary principal dwelling unit, or two-story
addition in an R1 zoning district pursuant to
Government Code Section 65852.21
Admin
Ordinance No. 23-2247
Page 13
Attachment A- Page 13
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 Planning Commission. The specific procedural
requirements shall follow Chapter 19.12.
19.104.140 Permanent Wall Signs.
Table 19.104.140 sets forth the rules, regulations and processing applicable to
permanent wall signs.
Table 19.104.140 Wall Signs
Use/ zoning Number
Size
Location
Review
Authority
Review
CriteriaAllowedarea
and length
Max.
Area
Commercial
Industrial
1. One sign per
business with
exterior frontage
2. One additional
for:
Businesses with
no ground sign and
adjacent to more
than one street or
shopping center
driveway.
Sign directed to
interior of project
and not visible
from any public
right- of- way.
Single tenant
building pad with
more than 5,000 s.f.
1. 1 s.f. per
linerar ft of
store frontage
on which sign
is located.
2. 70% of store
frontage
maximum
3. Length =
total combined
length of each
row of sign
copy
4. Minimum
area = 20 s.f.
200 s.f.
1. No more than one
wall sign per frontage
2. Shall not project
above the roof or top
of parapet, unless it is
an integral part of the
face of an architectural
projection.
3. No projecting wall
sign shall extend into
a public right-of-way
more than twelve
inches. Any projecting
sign shall have a
vertical clearance of at
least fifteen feet above
a private or public
vehicular roadway,
alley, driveway or
parking area, and at
least eight feet above a
sidewalk, pedestrian
mall or landscaped
area.
CDD
Meets
Design
Criteria in
Section
19.104.220
Ordinance No. 23-2247
Page 14
Attachment A- Page 14
Table 19.104.140 Wall Signs
Use/ zoning Number
Size
Location
Review
Authority
Review
CriteriaAllowedarea
and length
Max.
Area
Office &
Institutional
1. One sign per
business with
exterior frontage
2. One additional
for:
Businesses with
no ground sign and
adjacent to more
than one street or
major shopping
center driveway.
Sign directed to
interior of project
and not visible
from any public
right- of- way.
1. 1 s.f. per
linear ft. of
business
frontage on
which sign is
located.
2. 70% of
business
frontage
maximum
3. Length =
total combined
length of each
row of copy
40 s.f. Same as above CDD
Same as
above
CDD - Community Development Director; PC - Planning Commission; s.f. = square feet; ft = feet
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.
Table 19.104.150: Permanent Window Signs, Blade Signs & Logos, Symbols or Insignias
Use/Zoning Number Maximum Area Location Review
Authority Review Criteria
A.
Permanent
Window
Signs
All One or more Considered part
of wall sign area
25% of window
surface of each
storefront bay.
Neon window
sign = 4 s.f.
Perimeter neon
window signage
not allowed
CDD Meets Design
Criteria in Sec.
19.104.220
One “open”
sign less than
two s.f. exempt
Ordinance No. 23-2247
Page 15
Attachment A- Page 15
Table 19.104.150: Permanent Window Signs, Blade Signs & Logos, Symbols or Insignias
Use/Zoning Number Maximum Area Location
Review
Authority Review Criteria
B. Blade
Signs
All except
residential
districts
One on each
frontage up
to a
maximum
of two
6.5 s.f.
Between 8 ft. and
12 ft. above
pedestrian
walkways.
Illuminated –
CDD
Not
illuminated -
Exempt
Shall be
pedestrian
oriented only and
shall meet Design
Review Criteria in
Sec. 19.104.220
C. Logos,
Symbols or
Insignia
All except
residential
districts Same as Sec.
14.24.050 9 s.f.
Same as Sec.
19.104.140
Illuminated –
CDD
Not
illuminated -
exempt
Shall meet Design
Review Criteria in
Sec. 19.104.220
and restrictions in
Sec.
19.104.190
CDD - Community Development Director; PC - Planning Commission; s.f. = square feet; ft = feet
19.104.160 Ground Signs.
Table 19.104.160 sets forth the rules, regulations and processing applicable to Ground
Signs.
Table 19.104.160: Ground Signs
Use/ Zoning Number
Size
Location Review
Authority Review CriteriaAllowed
Area &
Length
Maximum
Height
One sign if
minimum
100 ft. street
frontage
Two signs
if 500 ft.
street
frontage
One s.f. per
four linear
ft. of street
frontage.
Maximum
area = 100
s.f.
V-shaped
and signs
with more
than two
faces: Area
of all faces
of sign =
Total Sign
Area.
Eight ft.
Street
address
numbers
or range
of
numbers
for
businesse
s shall be
clearly
identified
in
numbers
not less
than 5
Corner property:
Sign has to be
located on street
frontage with the
site’s address.
Every ground
sign shall be
located wholly
on the property
for the use which
the sign is
advertising is
located on.
No portion of
any ground sign
shall be located
Shopping Center
or multitenant
commercial
development with
a center name
shall emphasize
that name
Shall meet Design
Criteria in Section
19.104.220
Ordinance No. 23-2247
Page 16
Attachment A- Page 16
Table 19.104.160: Ground Signs
Use/ Zoning Number
Size
Location Review
Authority Review CriteriaAllowed
Area &
Length
Maximum
Height
All non-
residential areas
Double
faced signs:
Area of
larger face
of sign =
Total Sign
Area
Maximum
number of
tenants on
sign = six
inches in
height
closer than one
foot from the
public right- of-
way.
No portion of
any sign over
three feet in
height shall be
located within a
corner triangle or
sidewalk site
triangle.
Signs on interior
lots <200 ft. of
frontage shall be
located within
the center 50% of
the lot frontage.
Interior lots > 200
ft. of frontage
shall locate
ground signs no
closer than 50 ft
from a side
property line
See Appendix
A)
No ground sign
shall be located
closer than one
hundred feet
from any other
ground sign on
the same
property
CDD
CDD - Community Development Director; PC - Planning Commission; s.f. = square feet; ft = feet
Ordinance No. 23-2247
Page 17
Attachment A- Page 17
19.104.170 Gasoline Station Signs.
Table 19.104.170 sets forth the rules, regulations and processing applicable to Gasoline
Station Signs.
Table 19.104.170: Gasoline Station Signs
Type of Sign Number
Size, Maximum
Area and
Allowable Area
Location
Review
Authority Review Criteria
A. Wall Sign Same as Sec.
19.104.140
Same as Sec.
19.104.140
Same as Sec.
19.104.140 CDD
Meets Design Criteria in Sec.
19.104.220
B. Ground Sign 1 ground sign
regardless of
frontage
Same as Sec.
19.104.160
Same as Sec.
19.104.160 CDD
Meets Design Criteria in Sec.
19.104.220
C. Fuel Price
Ground Sign
Fuel price sign
to be
incorporated
into the design
of the ground
sign
Computes
toward
Allowable
Ground Sign
Area
See above CDD
Is incorporated into the design of
the ground sign
Letter size of price display on fuel
price sign shall not exceed
minimum specifications contained
in Sec. 13532 of the California
Business and Professions Code
Meets Design Criteria in Sec.
19.104.220
D. Fuel Price
Wall Sign
If service
station is not
identified on
ground sign, in
addition to any
wall sign
allowed to the
service station
per Sec.
19.104.140,
a second fuel
price sign is
allowed
Number of
product prices
on fuel price
sign not to
exceed eight per
face.
Attached to
the wall of
the building
facing the
public street
CDD
Same as above.
CDD - Community Development Director; PC - Planning Commission
Ordinance No. 23-2247
Page 18
Attachment A- Page 18
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.
Table 19.104.180 Electronic Readerboard Signs, Changeable Copy Signs, Exposed or Visible Neon Signs,
Decorative Statuary & Beverage Container Recycling Signs
Use/ Zoning Number Size and
Height
Location Review
Authority
Review Criteria
A. Electronic
Readerboard
Signs
Commercial One sign
for centers
with 20
tenants or
more and
50,000 s.f.
of gross
floor area
Same as
Sec.
19.104.160
No closer
than 500
ft from
any
residentia
l district
on the
same
street as
the sign
Same as
Sec.
19.104.160
PC
Background of electronic
readerboard will be the same
color as the primary
background. If not practical,
then a color that is
complementary to the
background color shall be
used
B. Change-able
Copy Signs
Commercial
N/A
Included
in total
allowable
wall sign
area
N/A CDD
Deemed necessary to the type
of merchandising of that
business. Shall consist of
permanent sign and symbols
or letters made of high
quality and durable materials
C. Exposed or
visible neon
signs
All N/A N/A N/A CDD
Shall meet Illumination
Restrictions in Section
19.104.230
D. Decorative
Statuary
All except
residential
districts N/A N/A N/A
CDD In conjunction with the
overall architectural design of
the building, the landscaping
scheme and the sign program
for the business.
If not
publicly
visible,
then
exempt
Ordinance No. 23-2247
Page 19
Attachment A- Page 19
E.
Beverage
Container
Recycling
Where
allowed
Wall
signs-as
allowed
by Sec.
19.104.140
Ground
signs- as
allowed
by Sec.
19.104.160
One
building
mounted
sign
10 s.f.
maximum
N/A N/A
Dealer subject to provisions
of California Beverage
Container Recycling and
Litter Reduction Act of 1986.
Sign should contain
information concerning a
certified recycling center as
described in Sections 14570
and 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; s.f. = square feet; ft = feet
19.104.190 Signs in and Near Residential Districts.
Table 19.104.190 sets forth the rules, regulations and processing applicable to Signs in
and near Residential Districts.
Table 19.104.190 Signs in and near Residential Districts
Use/ Zoning Number
Size
Location
Review
Authority
Review
CriteriaAreaHeight
A. Signs near
residential
districts
All except
residential
Wall Sign-
Same as Sec.
19.104.140
Ground Sign
Same as
Sec.
19.104.160
Wall Sign
Same as
Sec.
19.104.140
Ground
Sign -
Same as
Sec.
19.104.160
Wall Sign
Same as
Sec.
19.104.140
Ground
Sign -
Same as
Section
19.104.160
No
internally
illuminated
sign
permitted
within 100 ft
from any
residential
districts
except if the
sign face is
mounted so
it is not
visible to
any
residence
within 100 ft
of the sign
CDD
Shall meet
design criteria
specified in
Sec. 19.104.220
Ordinance No. 23-2247
Page 20
Attachment A- Page 20
Table 19.104.190 Signs in and near Residential Districts
Use/ Zoning Number
Size
Location Review
Authority
Review
CriteriaAreaHeight
B. Name
plates, streets
or Unit
numbers
Residential One or more 2 s.f. or less N/A N/A CDD
C.
Development
Identification
Signs
Residential
One sign for
interior lot
Two signs
for corner
development
32 s.f. 5 ft
If one sign
allowed, at
major
entry
If two
allowed,
one on
each street
front
CDD
Shall contain
only name and
address of
development.
Shall meet
design criteria
specified in
Sec.
19.104.220
CDD - Community Development Director; PC - Planning Commission; s.f. = square feet; ft = feet
19.124.050 Exceptions–Approval Authority.
A. The Director of Community Development may approve the following exceptions
upon making the written findings in Section 19.124.060:
1. Exceptions to this chapter for properties located in:
a. The Single-Family ( R-1 ) Residential Zoning District;
b. The Duplex (R2) Zoning District;
2. Single Family homes or duplexes in a Planned Development District;
3. Tandem parking arrangements in residential zoning districts;
4. Parking exceptions for Minor applications as identified in Section 19.12.030, upon
making written findings in Section 19.124.060.
B. The Planning Commission may approve parking exceptions for Major applications
as identified in Section 19.12.030, upon making written findings in Section 19.124.060.
Ordinance No. 23-2247 Commissions and
Committees
Final Audit Report 2023-03-21
Created:2023-03-21
By:Araceli Alejandre (aracelia@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAPZ1n61KAfArdKKvuWBMV1iWxb-CSRc2M
Ordinance No. 23-2247 Commissions and Committees" History
Document created by Araceli Alejandre (aracelia@cupertino.org)
2023-03-21 - 4:04:33 PM GMT- IP address: 73.170.27.253
Document emailed to christopherj@cupertino.org for signature
2023-03-21 - 4:06:19 PM GMT
Email viewed by christopherj@cupertino.org
2023-03-21 - 4:18:04 PM GMT- IP address: 104.47.73.126
Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen
2023-03-21 - 4:36:47 PM GMT- IP address: 64.165.34.3
Document e-signed by Christopher D. Jensen (christopherj@cupertino.org)
Signature Date: 2023-03-21 - 4:36:49 PM GMT - Time Source: server- IP address: 64.165.34.3
Agreement completed.
2023-03-21 - 4:36:49 PM GMT
Names and email addresses are entered into the Acrobat Sign service by Acrobat Sign users and are unverified unless otherwise noted.
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, KIRSTEN SQUARCIA, City Clerk and ex-officio Clerk of the
City Council of the City of Cupertino, California, do hereby certify the
attached to be a true and correct copy of Ordinance No. 23-2247 which
was enacted on March 7, 2023, and that it has been published or posted
pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this 23rd day of March 2023.
____________________________________________
KIRSTEN SQUARCIA, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California