CC Ordinance No. 20-2200 Transient Occupancy Tax, Business License Regulations, to Regulate Short-Term Rental Uses in Residential Zoning Districts Ordinance No. 20-2200
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING
TITLE 31 REVENUE AND FINANCE: CHAPTER 3.12 (TRANSIENT OCCUPANCY
TAX), REVENUE AND FINANCE, AMENDING TITLE 5, BUSINESS LICENSE AND
REGULATIONS: CHAPTER 5.08 (SHORT-TERM RENTAL ACTIVITY), AMENDING
SPECIFIED CHAPTERS OF TITLE 19, ZONING, OF THE CUPERTINO MUNICIPAL
CODE CHAPTER 19.08 (DEFINITIONS), CHAPTER 19.12 (ADMINISTRATION), AND
CHAPTER 19.120 (HOME OCCUPATIONS), TO REGULATE SHORT-TERM RENTAL
USES IN RESIDENTIAL ZONING DISTRICTS
WHEREAS, on July 24, 2018, the Planning Commission provided staff guidance on
potential short-term rental regulations;
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WHEREAS, from August 8, 2018 through August 26, 2018, staff made an online survey
regarding short-term rental regulations available to the public;
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WHEREAS, a community meeting was held on October 4, 2018 to allow the public an
opportunity to review and receive comments on the preliminary draft regulations;
WHEREAS, the Planning Commission held a duly noticed public hearing on January 14,
2020 to consider the Ordinance; and
WHEREAS, with Resolution No. 6896 the Planning Commission has recommended on a
4-0 vote (Chair Wang absent) that the City Council adopt the Ordinance amending the
Municipal Code in substantially similar form as presented in Planning Commission
Resolution No. 6896; and
WHEREAS, on August 18, 2020 upon due notice, the City Council has held at least one
public hearing to consider the Planning Commissions recommendation and the
Ordinance; and
WHEREAS, the City Council is the decision-making body for this Ordinance; and
WHEREAS,based on substantial evidence in the administrative record, the City Council
finds that this Ordinance is determined to be not a project within the meaning of section
15378 of the California Environmental Quality Act ("CEQA") Guidelines because the
Ordinance amending Title 3, Title 5, and Title 19 of the Municipal Code imposes
administrative regulations related to short-term rentals that have no potential for
resulting in physical change in the environment, either directly or indirectly, and
therefore, pursuant to CEQA Guidelines section 15060(c)(3), no environmental review is
required. Short-term rental activity is already occurring in Cupertino; the Ordinance is
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not anticipated to result in significant changes to the number or scope of short-term
rentals. In the event that this Ordinance is found to be a project under CEQA, the City
Council further finds, based on substantial evidence in the record, that the Ordinance is
exempt from environmental review under CEQA Guidelines section 15061(b)(3),because
it can be seen with certainty that the Ordinance's administrative regulation of short-term
rentals will have no possibility of a significant effect on the environment, and under
CEQA Guidelines section 15305, because the Ordinance involves minor alterations in
land use limitations that do not alter permitted uses or density. No exceptions to these
categorical exemptions apply.
WHEREAS, the City Council finds the following with regard to this application:
1) That the proposed zoning is in accord with Municipal Code Title 19 and the City's
Comprehensive General Plan.
The Ordinance does not change any zoning designations, but rather it modifies Title 3:
Revenue and Finance, Title 5: Business Licenses and Regulations, and Title 19: Zoning to
create standards for regulation of short-term rental activity as an expressly permitted use in
residential zones. The proposed amendments do not render existing provisions of the
Municipal Code inconsistent with those proposed.
The proposed regulations will further the City's General Plan Goal LU-8: "Maintain a fiscally
sustainable city government that preserves and enhances the quality of life for its residents,
workers and visitors." Short-term rentals that operate in the City will be required to obtain
necessary permits and licensing, and will be required to collect Transient Occupancy Taxes
for all short-term rental stays.Additionally, the proposed ordinance is consistent with General
Plan Policy LU-8.2: Land Use—Encourage Land uses that generate City revenue. Again, by
allowing for short-term rentals to operate within the City, the City will be able to generate
revenue from Transient Occupancy Tax. Further,by providing regulations which would allow
this use to occur while limiting adverse impacts, the ordinance is consistent with General Plan
Strategies:LU-27.1.1: "Regulation. Maintain and update design regulation and guidelines for
single-family development that address neighborhood compatibility and visual and privacy
impacts."
2) The proposed zoning is in compliance with the provisions of the California
Environmental Quality Act (CEQA).
As discussed in the findings, the proposed Ordinance is not a project within the meaning of
section 15378 of the CEQA Guidelines because it has no potential for resulting in physical
change in the environment, either directly or indirectly. In the event that this Ordinance is
found to be a project under CEQA, it is exempt from CEQA review under CEQA Guidelines
sections 15061(b)(3)and 15305.
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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).
Not applicable. The proposed ordinance changes does not propose any physical change in the
environment or affect any development standards for physical development, and the uses it
authorizes are consistent with existing residential activities in permitted zones.
4) The proposed zoning will promote orderly development of the City.
By creating regulations for short-term rentals and limiting areas where such activity may
occur, the ordinance will promote orderly development in the City.
5) That the proposed zoning is not detrimental to the health, safety, peace, morals and j
general welfare of persons residing or working in the neighborhood of subject parcels.
The proposed ordinance provides regulation to maintain the health, safety, peace, morals and
general welfare of persons residing or working in the neighborhood of subject parcels by
providing regulations that limit adverse impacts of short-term rental activity. The proposed
ordinance incorporates regulations and enforcement options pertaining to occupancy,parking,
and noise, and allows for the possibility of revocation of permits if the activity is determined to
be conducted inconsistent with the City's Municipal Code. The proposed ordinance regulates
hosting platforms to ensure that hosts cannot easily conduct short-term rental activity in
violation of the City's Municipal Code, to ensure collection and remittance of transient
occupancy tax, and to address the increased compliance burden on the City created by the
popularity of hosting platforms.
6) The proposed amendments are internally consistent with this title.
All the necessary chapters and sections of Title 3:Revenue and Finance, Title 5: Business
Licenses and Regulations, and Title 19: Zoning have been amended to ensure internally
consistency with the proposed regulations.
NOW,THEREFORE,THE CITY COUNCIL OF THE OF CITY OF CUPERTINO
DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 3.12.020 "Definitions", of Chapter 3.12 of Title 3 of the
Cupertino Municipal Code is hereby amended to read as follows:
3.12.020 Definitions.
Except where the context otherwise requires, the definitions given in this section govern
the construction of this chapter:
A. "Person" means any individual, firm, partnership,joint venture, association, social
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club, fraternal organization,joint stock company, corporation, estate, trust,business
trust, receiver, trustee, syndicate, or any other group or combination acting as a unit;
B. "Hotel" means any structure, or any portion of any structure, which is occupied or
intended or designed for short-term occupancy by transients for dwelling, lodging
or sleeping purposes, and includes any hotel, inn, tourist home or house, motel,
studio hotel,bachelor hotel, lodging house, rooming house, apartment house,
dormitory, public or private club, mobile home or house trailer at a fixed location, or
other similar structure or portion thereof;
C. "Occupancy" means the use or possession, or the right to the use or possession of
any room or rooms or portion thereof, in any hotel for dwelling, lodging or sleeping
purposes;
D. "Transient" means any person 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. Any such person so occupying space in a hotel shall be deemed to
be a transient until the period of thirty days has expired unless there is an agreement
in writing between the operator and the occupant providing for a longer period of
occupancy. In determining whether a person is a transient, uninterrupted periods of
time extending both prior and subsequent to the effective date of the ordinance
codified herein may be considered. "Transient" includes persons who book
accommodations through hosting platforms;
E. "Rent" means the consideration charged, whether or not received, for the occupancy
of space in a hotel valued in money, whether to be received in money, goods, labor
or otherwise, including all receipts, cash, credits and property and services of any
kind or nature, without any deduction therefrom whatsoever;
F. "Operator" means the person who is proprietor of the hotel, whether in the capacity
of owner, lessee, sublessee, mortgagee in possession, licensee, or any other
capacity. Where the operator performs his functions through a managing agent of
any type or character other than an employee, the managing agent shall also be
deemed an operator for the purposes of this chapter and shall have the same duties
and liabilities as his principal. Compliance with the provisions of this chapter by
either the principal or the managing agent shall, however, be considered to be
compliance by both;
G. "Tax Administrator" means the City's Director of Administrative Services or
designee.
H. "Hosting Platform" means a person, legal entity or an association of individuals
that provide a means, which may or may not be internet-based, through which a
short-term rental is offered to the public, in exchange for a fee or other
compensation. A hosting platform generally has the following attributes: allows a
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host to advertise a short-term rental, and provides a means to arrange and enter into
agreements to occupy short-term rentals, whether payment of rent is made directly
to the host or through the hosting platform. {
SECTION 2. Section 3.12.050 "Operator's Duties", of Chapter 3.12 of Title 3 of
the Cupertino Municipal Code is hereby amended to read as follows:
3.12.050 Operator's Duties.
Each operator shall collect the tax imposed by this chapter to the same extent and at the
same time as the rent is collected from every transient. The amount of tax shall be
separately stated from the amount of the rent charged, and each transient shall receive a
receipt for payment from the operator. No operator of a hotel shall advertise or state in
any manner, whether directly or indirectly, that the tax or any part thereof will be
assumed or absorbed by the operator, or that it will not be added to the rent, or that, if
added, any part will be refunded except in the manner hereinafter provided. For short-
term rentals conducted through hosting platforms, the hosting platforms shall collect
and remit taxes in compliance with Section 5.08.060(a).
SECTION 3. Section 3.12.070 "Reporting and Remitting", of Chapter 3.12 of Title 3 of
the Cupertino Municipal Code is hereby amended to read as follows:
3.12.070 Reporting and Remitting.
Each operator shall, on or before the last day of the month following the close of each
calendar quarter, or at the close of any shorter reporting period which may be
established by the Tax Administrator, make a return to the Tax Administrator, on forms
provided by him, of the total rents charged and received and the amount of tax
collected for transient occupancies. At the time the return is filed, the full amount of the
tax collected shall be remitted to the Tax Administrator. The Tax Administrator may
establish shorter reporting periods for any certificate holder if he deems it necessary in
order to insure collection of the tax and he may require further information in the
return. Returns and payments are due immediately upon cessation of business for any j
reason. All taxes collected by operators pursuant to this chapter shall be held in trust
for the account of the City until payment thereof is made to the Tax Administrator.
Where a transient pays rent in connection with lodging booked via an hosting platform,
the operator of the property may be relieved of the duty to collect taxes only if the
hosting platform is in compliance with Section 5.08.060(A).
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SECTION 4. Title 5 of the Cupertino Municipal Code is hereby amended to include
"Chapter 5.08: Short-Term Rental Activity" to read as follows:
CHAPTER 5.08 SHORT-TERM RENTAL ACTIVITY
5.08.010 Purpose.
5.08.020 Definitions.
5.08.030 Short-term Rental Activity.
5.08.040 Short-term Rental Registration—Process and Term.
5.08.050 Revocation.
5.08.060 Regulations for Hosting Platforms.
5.08.070 Enforcement.
5.08.080 Administrative Regulations and Standards.
5.08.010 Purpose.
The purpose of this Chapter is to regulate Short-term Rental activity, which the City
Council finds could have the potential of creating negative impacts to residents and
impacting the availability of long term housing units due to the lucrative nature of the
business. This chapter provides a process by which a residential unit may be registered
with the City of Cupertino for use as a Short-term Rental unit, as an incidental Home
Occupation.
5.08.020 Definitions.
Throughout this chapter the following words and phrases shall have the meanings
ascribed in this section. All other definitions are as defined in Section 19.08.030.
"Host" means a natural person or people who offer(s) short-term rentals in their
primary residence.
"Hosting platform" means a person, legal entity or an association of individuals that
provide a means, which may or may not be internet-based, through which a short-term
rental is offered to the public, in exchange for a fee or other compensation. A hosting
platform generally has the following attributes: allows a host to advertise a short-term
rental, and provides a means to arrange and enter into agreements to occupy short-term
rentals, whether payment of rent is made directly to the host or through the hosting
platform.
"Hosted stay" means that the host is occupying the primary residence during the entire
term of a short-term rental.
"Local Contact" means the host or a person designated by a host who shall be available
during the term of any short-term rental for the purposes of:
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a. Responding within sixty (60) minutes to complaints regarding the condition or
operation of the short-term rental, or the conduct of guests, and
b. Taking appropriate remedial action to resolve such complaints.
"Short-term Rental" means any legally permitted dwelling unit, or portion thereof,
made available for rent on a transient occupancy basis.
"Transient" is defined in Section 3.12.020.
"Un-hosted stay" means that the host is not occupying the primary residence when the
primary residence is being used as a short-term rental.
5.08.030 Short-term Rental Activity.
A. Short-term rental activity is allowed to be conducted as a home occupation within a
primary residence subject to further restrictions in this Chapter. Short-term rental
activity is not permitted if the dwelling unit is not used as a primary residence.
B. No dwelling unit or portion thereof shall be advertised or used as a short-term
rental unless the host has registered the Short-term Rental in the registry created by
the City as provided in this Chapter and obtained a City business license.
C. In addition to the applicable standards in Section 19.120.030, all short-term rentals
shall conform to the following minimum standards:
1. Type of Short-term rentals are allowed within any legally permitted dwelling
Unit unit or portion thereof, except for any Accessory Dwelling Unit.
2. Location Short-term rental activity must occur in legally-permitted habitable
spaces.
3. Number of a. A parcel shall have no more than one (1) short-term rental
Short-term registration.
Rentals b. A parcel shall have no more than one (1) short-term rental
agreement or hosting platform booking per night.
4. Duration a. Hosted stays may occur throughout the calendar year without a
limitation on the cumulative number of short-term rentals.
b. Un-hosted stays shall be limited to 60 nights per calendar year.
5. Maximum a. Studio unit/or single room rental—Maximum of two (2) guests
number of b. One-bedroom or more—Total of two (2) times the number of
overnight bedrooms in the dwelling unit or portion thereof rented per the
guests rental agreement.
6. Guest a. The host shall prepare a manual of City rules on topics such as
Manual noise, quiet hours, trash collection, and vehicle parking.
b. The manual shall also include all short-term rental activity
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regulations, including maximum occupancy of the short-term
rental and local contact information.
c. The host shall provide the manual to all guests in conjunction
with their booking confirmation
d. The guest manual must be prominently located within the short-
term rental.
7. Parking a. The primary residence must have the minimum parking spaces
required for the zoning district in which it is located pursuant to
Chapter 19.124.
b. The host shall designate an on-site parking space for short-term
rental occupants and shall make the space available during the
term of the short-term rental.
c. The host shall maintain a record of the vehicle license plate
information for vehicles associated with all transient guests.
8. Advertising Any advertisement for a short-term rental, including on a hosting
platform, shall include the City short-term rental registration
number. No advertisement shall offer short-term rental activity that
is not in compliance with this Chapter.
9. Si na e Signage shall comply with Chapter 19.120.
10. Activities Short-term rentals shall not be used for commercial purposes and/or
Prohibited events that are likely to result in violations of traffic, parking, noise,
or other standards regulating the residential use and character of the
neighborhood. Such events include most weddings, corporate
events, and parties.
11. Quiet Hours All short-term rental activity must comply with quiet hours between
9 p.m. and 7 a.m.
12. Records of a. The host shall retain records documenting the compliance with
compliance this section for a period of three (3) years after any short-term
rental, including, but not limited to, records indicating the history
of all short-term rental reservations on the subject property from
the hosting platform or otherwise, records indicating the
payment of any and all transient occupancy taxes (including via a
hosting platform on behalf of a host), type of stay per reservation
(hosted or unhosted), length of stay per reservation, and number
of persons per reservation.
b. Upon reasonable notice, the host shall provide any such
documentation to the City.
5.08.040 Short-term Rental Registration—Process and Term.
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A. The short-term rental registration shall be submitted on a form provided by the City,
accompanied by all information requested, including the following (as applicable),
and the registration fee:
1. Name, contact information, and identification of host. All adults for whom the
property is a permanent residence shall be listed as host. All hosts must provide
official government identification that confirms their full legal name as it appears
on the application.
2. Property location.
3. Site plan and/or floor plan indicating the location of proposed Short-term Rental.
Host may designate more than one Short-term Rental within a primary
residence,but may enter into only one rental agreement per night.
4. Proof of Primary Residence: Registrant shall provide documentation that the
property where the short-term rental activity is to be conducted is the host's
primary residence. �
5. Owner Approval: If the property is to be rented by a long-term renter or
someone other than the owner, Registrant shall provide a letter of approval from
the owner.
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6. HOA Approval: Any property with a Homeowner's Association (HOA) shall
provide a letter of approval from said HOA Board.
7. Local Contact: Registrant shall provide the contact information for the
designated local contact.
8. Consent to Inspections: Consent to inspection(s)by City staff for the purpose of
verifying compliance with this Chapter during regular business hours (7:30 a.m. I
to 5:30 p.m.) or if in response to a complaint, regardless of the time.
9. Identify the guest parking space(s) on a site plan.
10. Acknowledgment of compliance with City requirements.
11. An agreement to hold harmless, indemnify and defend the City against claims
and litigations arising from or related to the issuance of the short-term rental
registration. Such claims expressly include those arising from any damage, loss,
injury or death that may occur during any short-term rental activity.
12. An agreement to provide records of compliance to the City upon request.
13. For renewals or continuation of existing short-term rental activities, in addition to
the above: Proof of remittance of Transient Occupancy Tax and any such
information requested to allow verification of the amount of tax paid.
14. If the host has engaged in short-term rental activities at other properties within the
City, a list of property locations and proof of compliance with City requirements,
including payment of Transient Occupancy Tax, at those properties.
B. Fee: The host shall pay a registration fee prescribed by City Council resolution, no
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part of which shall be returnable to the registrant.
C. Registration Number. Upon submission of the registration application and fee, the
City shall provide the applicant with a unique City short-term rental registration
number. The registration number shall be designated as "pending' until the
registration is complete.
D. Term of Registration: Registration of a short-term rental shall be on a calendar-year
basis and must be renewed annually. Registration of a short-term rental is non-
transferable and expires automatically upon sale, re-lease or transfer of property on
which the short-term rental is located.
E. Registration: The short-term rental shall be registered only if:
1. The short-term rental registration is complete with all required information and
the proposed short-term rental complies with all requirements;
2. The short-term rental and the property on which it is located currently comply
with all provisions of the Cupertino Municipal Code;
3. The short-term rental and the property on which it is located have not had two
(2) or more violations of the Cupertino Municipal Code within the last twelve
(12) months from registration submittal and have not been denied registration or
had registration revoked within the preceding twelve (12) months;
4. The host has not had two (2) or more violations of the Cupertino Municipal Code
within the last twelve (12) months from registration submittal related to any
short-term rental, has not been denied registration for any other short-term rental
within the preceding twelve (12) months, and has not had a short-term rental
registration revoked at any time; and
5. Operation of the short-term rental is not a public nuisance or threat to the public
health, safety, or welfare.
6. As used in this subsection (E), the term "violation' shall mean any violation of
the Cupertino Municipal Code, as evidenced by a City-issued citation,
unresolved notice of violation, unresolved cease-and-desist order, or other
appropriate documentation. Each unique violation of the Cupertino Municipal
Code shall constitute one (1) violation."
F. Registration Number Confirmation.Upon registration, the City shall confirm the
short-term rental registration number and remove the "pending" designation.
5.08.050 Revocation.
A. Revocation of registration. A short-term rental registration may be revoked for the
following reasons:
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1. That the registration was obtained by misrepresentation, false statement or
fraud;
2. That the short-term rental activity is being conducted in violation of local or state
law;
3. That two (2) violations of the Cupertino Municipal Code have occurred on the
property on which the short-term rental is located within the preceding twelve
(12) months;
4. That the short-term rental activity has caused or is causing a serious threat to
human health or public safety; or
5. That consent to an inspection is not provided.
6. As used in this subsection (A), the term "violation" shall mean any violation of
the Cupertino Municipal Code, as evidenced by a City-issued citation,
unresolved notice of violation, unresolved cease-and-desist order, or other
appropriate documentation. Each unique violation of the Cupertino Municipal
Code shall constitute one (1) violation.
B. Process: In any case where substantial evidence indicates that the conditions in
Section 5.08.050 (A) exist, revocation proceedings shall occur as follows:
1. The City Manager or his or her designee may issue either a notice of pending
revocation or a notice of suspension pending revocation, the latter of which shall
require immediate suspension of all short-term rental activity pending a final
determination regarding revocation. Any notice of suspension shall explain why
the short-term rental activity presents an immediate, serious threat to human
health or public safety. The notice shall detail the grounds for potential
revocation of the permit and allow thirty calendar (30) days for submission of a
written statement and/or supporting documentation disputing such grounds.
2. The City Manager's or his or her designee's determination shall be made not
more than thirty calendar (30) days after the deadline for submittal of
documentation provided on the Notice. The determination shall be mailed to the
host, the property owner(if applicable) and the local contact.
3. All notices and determinations shall be mailed to the host, the property owner (if I
applicable), and the local contact. l
4. The Director of Community Development is authorized to issue administrative
guidelines to further define procedures for making revocation determinations.
C. Appeals: If the registration is revoked, the holder shall have the right to appeal the
decision as follows:
1. The appellant must file a notice of appeal with the City Clerk within fourteen
(14) calendar days of the date of the revocation decision.
2. The matter shall be scheduled for hearing before an independent hearing officer
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selected by the City Manager or his or her designee no more than thirty (30)
calendar days from the receipt of the appeal.
3. The appellant shall be served with notice of the time and place of hearing, as well
as any relevant materials, at least seven calendar days prior to the hearing.
4. The hearing may be continued from time to time upon mutual consent. At the
time of the hearing, the appealing party and the City Manager or his or her
designee may present such relevant evidence as he or she may have relating to
the determination from which the appeal is taken.
5. Based upon the submission of such evidence and the review of the city's files, the
hearing officer shall issue a written notice and order upholding, modifying or
reversing the determination from which the appeal is taken. The notice shall be
given within a reasonable time after the conclusion of the hearing and shall state
the reasons for the decision. The notice shall be mailed to appellant, and if
different from the appellant, the host, the property owner, and the local contact.
The notice shall specify that the decision is final and subject only to judicial
review in accordance with law.
5.08.060 Regulations for Hosting Platforms.
A. Hosting platforms shall be responsible for collecting all applicable transient
occupancy taxes and remitting the same to the City, unless the City and hosting
platform have entered a valid voluntary collection agreement or other agreement for
the collection and remittance of transient occupancy taxes for short-term rentals. The
hosting platform shall be considered an agent of the host for purposes of transient
occupancy tax collections and remittance responsibilities pursuant to Chapter 3.12 of
the Municipal Code.
B. Hosting platforms shall retain records documenting the compliance with this section
for a period of three (3) years after any short-term rental, including,but not limited
to, records indicating the history of all short-term rental reservations on the subject
property from the hosting platform, records indicating the payment of any and all
transient occupancy taxes (including via a hosting platform on behalf of a host), type
of stay per reservation(hosted or unhosted), length of stay per reservation, and
number of persons per reservation.A hosting platform that does not categorize their
listings as hosted or unhosted stays, must retain records that provide good faith
approximation of hosted or unhosted stays
C. Hosting platforms shall be required to prompt hosts to include the City-issued
registration number in their listing(s), in a format designated by the City. Upon
notice from the City that a listing is non-compliant, hosting platforms shall cease any
short-term rental booking transactions for said listing(s) within five business days. A
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hosting platform shall not complete any booking transaction for any residential
property or unit subject to a City notice, until notified by the City that the residential
property or unit is in compliance with the local registration requirement.
a
D. Safe Harbor. A hosting platform operating exclusively on the Internet, which
operates in compliance with subsections (A), (B), and (C), shall be presumed to be in
compliance with this Chapter, except that the hosting platform remains responsible
for compliance with Section 5.08.070 (D).
E. The provisions of this Section shall be interpreted in accordance with otherwise
applicable State and Federal law(s) and will not apply if determined by the City to
be in violation of, or preempted by, any such law(s).
5.08.070 Enforcement.
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A. Any host violating any provision of this Chapter, or hosting platform that violates
its obligations under Section 5.08.060, shall be guilty of a misdemeanor.
B. Any person convicted of violating any provision of this Chapter in a criminal case or
found to be in violation of this Chapter in a civil or administrative case brought by
the City, shall be ordered to reimburse the City and other participating law
enforcement agencies their full investigative costs-and pay all back transient
occupancy taxes.
C. Any host who violates any provision of this Chapter, or hosting platform that
violates its obligations under Section 5.08.060, shall be subject to administrative
fines, citations and administrative penalties pursuant to Title 1.
D. In accordance with Government Code sections 37104 to 37109, as may be amended,
the City Council may issue and serve administrative subpoenas as necessary to
obtain specific information regarding short-term rental listings located in the City,
including,but not limited to, the names of the persons responsible for each such
listing, the address of each such listing, the length of stay for each such listing and
the price paid for each stay, to determine whether listings comply with this Chapter.
Any subpoena issued pursuant to this section shall not require the production of
information sooner than thirty (30) days from the date of service.
E. The remedies provided in this Section are not exclusive, and nothing in this Section
shall preclude the use or application of any other remedies, penalties or procedures
established by law.
5.08.080 Administrative Regulations and Standards.
A. The city manager or designee is hereby authorized to promulgate administrative
rules, regulations and interpretations to implement this chapter. Said rules and
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regulations may include, but are not limited to, revisions to the registration process,
requirements of operations, etc.
B. Record of local contact information:The City shall maintain a list of registered short-
term rentals with "Local Contact" contact information.
SECTION 5. Section 19.08.030 "Definitions", of Chapter 19.08 of Title 19 of the
Cupertino Municipal Code is hereby amended to read as follows:
19.08.030 Definitions.
Throughout this chapter 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
Ordinance No. 20-2200
Page 15
patrons or customers.
"Adult motion picture theater" means a building or portion thereof or area, open or
enclosed, used for the presentation of motion pictures distinguished or characterized by
an emphasis on matter depicting, describing or relating to "specified sexual activities" or
"specified anatomical areas," as hereinafter defined, for observation by patrons or
customers.
"Advertising statuary" means a structure or device of any kind or character for
outdoor advertising purposes which displays or promotes a particular product or
service, but without name identification.
Aerial means a stationary transmitting and/or receiving wireless communication
device consisting of one or any combination of the elements listed below:
1. "Antenna"means a horizontal or vertical element or array, panel or dish that may
be attached to a mast or a tower for the purpose of transmitting or receiving radio or j
microwave frequency signals.
2. "Mast" means a vertical element consisting of a tube or rod which supports an
antenna.
3. "Tower" means a vertical framework of cross elements which supports either an
antenna, mast or both.
4. "Guy wires"means wires necessary to insure the safety and stability of an antenna,
mast or both.
"Affordable housing cost" means the amount set forth in the Health and Safety Code
Section 50052.5, as may be amended.
"Affordable rent" means the amount set forth in the Health and Safety Code Section
50053, as may be amended.
"Affordable units" means housing units available at affordable rent or affordable
housing cost to lower or moderate income households.
"Agriculture" means the tilling of the soil, the raising of crops, horticulture,
agriculture, livestock farming, dairying, or animal husbandry, including j
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
Ordinance No. 20-2200
Page 16
supporting members of a structure which does not increase the structural strength of
the structure; any alteration to electrical, plumbing, heating, air conditioning,
ventilating, or other utility services, fixtures, or appliances; any addition, closing, or
change in size of doors or windows in the exterior walls; or any replacement of a
building facade which does not increase the structural strength of the structure.
2. "Structural alteration" means any alteration not deemed an incidental alteration.
"Amusement park" means a commercial facility which supplies various forms of
indoor and outdoor entertainment and refreshments.
Animal:
1. Animal, Adult. "Adult animal" means any animal four months of age or older.
2. Animal, Large. "Large animal" means any equine, bovine, sheep, goat or swine or
similar domestic or wild animal, as determined by the Planning Commission.
3. Animal, Small. "Small animal" means animals which are commonly found in
single-family residential areas such as chickens, ducks, geese, rabbits, dogs, cats, etc.
"Animal care" means a use providing grooming, housing, medical care, or other
services to animals, including veterinary services, animal hospitals, overnight or short-
term boarding ancillary to veterinary care, indoor or outdoor kennels, and similar
services.
"Apartment" means a room or a suite of two or more rooms which is designed for,
intended for, and occupied by one family doing its cooking there.
"Apartment house" means a building designed and used to house three or more
families, living independently of each other.
"Apartment project" means a rental housing development consisting of two or more
dwelling units.
"Approval Body" means the Director of Community Development and his/her
designee, the Planning Commission or City Council depending upon context.
"Architectural feature" means any part or appurtenance of a building or structure
which is not a portion of the living area of the building or structure. Examples include:
cornices, canopies, eaves, awnings, fireplaces, or projecting window elements. Patio
covers or any projection of the floor area shall not constitute an architectural projection.
"Architectural projection," for purposes of the Sign Ordinance, means any permanent
extension from the structure of a building, including the likes of canopies, awnings and
fascia.
"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
Ordinance No. 20-2200
Page 17
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, j
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
S=Average slope of ground in percent;
L=Combined length in feet of all contours on parcel;
I=Contour interval in feet;
A=Area of parcel in square feet.
B. "B" Definitions:
"Banks" means financial institutions including federally-chartered banks, savings and
loan associations, industrial loan companies, and credit unions providing retail banking
services to individuals and businesses. This classification does not include payday
lending businesses or check cashing businesses. The term "payday lending business" as
used herein means retail businesses owned or operated by a "licensee" as that term is
defined in California Financial Code Section 23001(d), as amended from time to time.
The term "check cashing business" as used herein means a retail business owned or
operated by a "check casher" as that term is defined in California Civil Code Section
1789.31 as amended from time to time.
"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.
i
"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
Ordinance No. 20-2200
Page 18
are not members of the same family.
"Building" means any structure used or intended for supporting or sheltering any use
or occupancy when any portion of a building is completely separated from every-other
portion by a "Fire Barrier" as defined by the California Building Code, then each portion
shall be deemed to be a separate building.
1. "Attached building" means buildings which are structurally connected by any
structural members or wall, excluding decks, patios or fences.
"Building coverage" means that portion of the net lot area encompassed within the
outermost wall line which defines a building enclosure.
"Building frontage" means the length or the surface of the building wall which faces,
and is visible to the general public from, a private or public right-of-way or driveway.
"Business" or "commerce" means the purchase, sale or other transaction involving the
handling or disposition of any article, substance or commodity for profit or livelihood,
including, in addition, office buildings, offices, shops for the sale of personal services,
garages, outdoor advertising signs and structures, hotels and motels, and recreational
and amusement enterprises conducted for profit.
"Business or trade school" means a use, except a college or university, providing
education or training in business, commerce, language, or similar activity or pursuit,
and not otherwise defined as a home occupation.
C. "C" Definitions:
"Canopy" means any roof-like structure, either attached to another structure or
freestanding, or any extension of a roof line, constructed for the purpose of protection
from the elements or aesthetic purposes in connection with outdoor living.
"Car shelter" means a roofed structure or a part of a building not enclosed by walls,
intended and designed to accommodate one or more vehicles.
"Caretaker" means a person or persons employed for the purpose of protecting the
principal use of the property or structure.
"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
reader board 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
Ordinance No. 20-2200
Page 19
management where the previous nature of the use, line of business, or other function is
substantially unchanged.
"Child" means a person who is under eighteen years of age.
"Child day care facility" means a facility, licensed by the State or County, which
provides non-medical care to children in need of personal services, supervision, or
assistance essential for sustaining the activities of daily living or for the protection of the
individual on less than a twenty-four-hour basis. Child day care facility includes day
care centers, employer sponsored child-care centers and family day care homes.
"Church" means a use providing facilities for organized religious worship and
religious education incidental thereto, but excluding a private educational facility. A
property tax exemption obtained pursuant to Section 3(f) of Article XIII of the
Constitution of the State of California and Section 206 of the Revenue and Taxation
Code of the State of California, or successor legislation, constitutes prima facie evidence
that such use is a church as defined in this section.
"College" or "university" means an educational institution of higher learning which
offers a course of studies designed to culminate in the issuance of a degree or defined
by Section 94110 of the Education Code of the State of California, or successor
legislation.
"Collocation" means the placement of aerials and other facilities belonging to two or
more communication service providers on a single mast or building.
"Commercial recreation"means a use providing recreation, amusement, or
entertainment services, including theaters,bowling lanes,billiard parlors, skating
arenas, and similar services, operated on a private or for-profit basis,but excluding uses
defined as outdoor recreation services.
"Community center" means a place, structure, area, or other facility used for and
providing religious, fraternal, social and/or recreational programs generally open to the
public and designated to accommodate and serve a significant segment of the
community.
"Commercial district," for purposes of the Sign Ordinance, means an area of land
designated for commercial use in the current Cupertino General Plan.
"Common interest development"means the following, all definitions of which are
based upon Civil Code Section 4100 or subsequent amendments:
1. A condominium project,
2. A community apartment project,
3. A stock cooperative, or
4. A planned development.
"Community organization" means a nonprofit organization based in the City and
whose activities benefit the City, its residents, employees, or businesses.
"Concession" means a benefit offered by the City to facilitate construction of eligible
Ordinance No. 20-2200
Page 20
projects as defined by the provisions of Chapter 19.56, Density Bonus. Benefits may
include,but are not limited to, priority processing, fee deferments and waivers,
granting of variances, and relaxation of otherwise applicable permit conditions or other
concessions required by law.
"Condominium conversion" or "Conversion"means a change in the type of ownership
of a parcel (or parcels) of land, together with the existing attached structures, to that
defined as a common interest development, regardless of the present or prior use of
such land and structures and whether substantial improvements have been made or are
to be made to such structure.
"Condominium project" or"project" includes the real property and any structures
thereon, or any structures to be constructed thereon, which are to be divided into
condominium ownership.
"Condominium units" or "units" means the individual spaces within a condominium
project owned as individual estates.
"Congregate residence" means any building or portion which contains facilities for
living, sleeping and sanitation, as required by the California Building Code and may
include facilities for eating and cooking for occupancies other than a family. A
congregate residence may be a shelter, convent or monastery but does not include jails,
hospitals, nursing homes, hotels or lodging houses.
"Convalescent facility" means a use other than a residential care home providing
inpatient services for persons requiring medical attention, but not providing surgical or
emergency medical services.
"Convenience market" means a use or activity that includes the retail sale of food,
beverages, and small personal convenience items, including sale of food in disposable
containers primarily for off-premises consumption, and typically found in
establishments with long or late hours of operation and in relatively small buildings,
but excluding delicatessens and other specialty food shops and establishments which
have a sizable assortment of fresh fruits, vegetables, and fresh-cut meats.
"Corner triangle" means a triangular-shaped area bounded by the following, unless
deemed otherwise by the City Engineer:
1. The intersection of the tangential extension of front and street side property lines
as formed by the intersection of two public rights-of-way abutting the said property
lines; and
2. The third boundary of the triangular-shaped area shall be a line connecting the
front and side property lines at a distance of forty feet from the intersection of the
tangential extension of front and side property lines.
"Corner triangle," for purposes of the Sign Ordinance, means a triangular-shaped area
of land adjacent to an intersection of public rights-of-way, as further defined in
Cupertino Standard Details Drawings Nos. 7-2 and 7-4. (See Appendix A, Cupertino
Ordinance No. 20-2200
Page 21
Standard Detail 7-2; Corner Triangle-Controlled Intersections, and B, Cupertino
Standard Detail 7-4; Corner Triangle-Uncontrolled Intersections for details.)
"Court" means an open, unoccupied space, other than a yard, on the same lot with a
building or buildings and which is bounded on two or more sides by such building or
buildings, including the open space in a house court or court apartment providing
access.
"Covered parking" means a carport or garage that provides full overhead protection
from the elements with ordinary roof coverings. Canvas, lath, fiberglass and vegetation
are not ordinarily roof coverings and cannot be used in providing a covered parking
space.
D. "D" Definitions:
"Day care center" means any child day care facility, licensed by the State or County,
other than a family day care home, and includes infant centers, preschools, and
extended day care facilities.
Day Care Home, Family. "Family day care home" means a home, licensed by the State
or County, which regularly provides care, protection and supervision for fourteen or
fewer children, in the child care provider's primary residence, 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, asset 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.
"Density bonus" means a density increase over the otherwise maximum allowable
Ordinance No. 20-2200 h
Page 22
i
residential density in accordance with the provisions of Chapter 19.56 as of the date of
the project application.
"Developer" means the owner or subdivider with a controlling proprietary interest in
the proposed common interest development, or the person or organization making
application, or a qualified applicant who has entered into a development agreement
pursuant to the procedures specified in Chapter 19.144.
"Development agreement" means a development agreement enacted by legislation
between the City and a qualified applicant pursuant to Government Code Sections
65864 through 65869.5.
"Development standard" means a site or construction regulation, including,but not
limited to, a setback requirement, a floor area ratio, and onsite open-space requirement,
or a parking ratio that applies to a development pursuant to any ordinance, general
plan element, specific plan, charter, or other local condition, law, policy, resolution, or
regulation.
"District" means a portion of the property within the City within which certain uses of
land, premises and buildings are permitted and certain other uses of land, premises and
buildings are prohibited, and within which certain yards and other open spaces are
required and certain building site areas are established for buildings, all as set forth and
specified in this title.
"Drinking establishment" means an activity that is primarily devoted to the selling of
alcoholic beverages for consumption on the premises.
"Drive-through establishment" means an activity where a portion of retailing or the
provision of service can be conducted without requiring the customer to leave his or her
car.
"Driveway"means any driveway that provides direct access to a public or private
street.
Driveway, Curved. "Curved driveway" means a driveway with access to the front
property line which enters the garage from the side at an angle of sixty degrees or
greater to the front curbline and which contains a functional twenty-foot-deep parking
area that does not overhang the front property line.
"Duplex" means a building, on a lot under one ownership, containing not more than
two kitchens, designed and used as two dwelling units, of comparable size independent
of each other.
"Dwelling unit" means a room or group of rooms including living, sleeping, eating,
cooking and sanitation facilities, constituting a separate and independent housekeeping
unit, occupied or intended for occupancy on a non-transient basis and having not more
than one kitchen.
"Dwelling unit, accessory" means an attached or a detached residential dwelling unit,
which provides complete independent living facilities for one or more persons, on the
Ordinance No. 20-2200
Page 23
same parcel as a principal dwelling unit. It must include permanent provisions for.
living, sleeping, eating, cooking and sanitation. An accessory dwelling unit also
includes the following:
1. An efficiency unit, as defined in Section 17958.1 of Health and Safety Code.
2. A manufactured home, as defined in Section 18007 of the Health and Safety Code.
"Dwelling unit, principal" means the principal facility on a parcel zoned or used for
detached single family residential use.
E. "E" Definitions:
i
"Economically feasible" means when a housing development 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
g Y g tY P p rY g �
minimal supportive services and meets criteria in Section 19.76.030(2).
"Emergency shelter, permanent" means a permanently operated facility that provides j
temporary housing with minimal supportive services and meets criteria in Section
19.76.030(3).
"Employee Housing"means accommodations for employees as defined by Health and
Safety Code 17008, as may be amended.
"Enclosed" means a covered space fully surrounded by walls, including windows,
doors and similar openings or architectural features, or an open space of less than one
hundred square feet fully surrounded by a building or walls exceeding eight feet in
height.
"Entry feature" means a structural element, which leads to an entry door.
"Equestrian center" means a facility for the shelter, display, exhibition, keeping,
exercise or riding of horses, ponies or mules, or vehicles drawn by such animals, with
I
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
Ordinance No. 20-2200
Page 24
set forth in Chapter 19.100. '
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.
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.
"Financial institutions" means a company engaged in the business of dealing with
monetary transactions, such as deposits, loans, investments and currency exchange.
This classification does not include payday lending businesses or check cashing
businesses. The term "payday lending business" as used herein means retail businesses
owned or operated by a "licensee" as that term is defined in California Financial Code
Section 23001(d), as amended from time to time. The term "check cashing business" as
used herein means a retail business owned or operated by a "check casher" as that term
is defined in California Civil Code Section 1789.31 as amended from time to time.
"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
Ordinance No. 20-2200
Page 25
ceiling above;
6. Basements with lightwells that do not conform to Section 19.28.070(I);
7. Residential garages;
8. Roofed arcades, plazas, walkways, porches,breezeways, porticos, courts, and
similar features substantially enclosed by exterior walls;
9. Sheds and accessory structures.
"Floor area" shall not include the following:
1. Basements with lightwells that conform to Section 19.28.070(I);
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 ratio of gross floor area on a lot to the lot 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 drainage, within the area between the building and the property line, or
I
when the property line is more than five feet from the building, between the building
and a line five feet from the building.
"Gross lot area" means the horizontal area included within the property lines of a site
plus the street area bounded by the street centerline up to thirty feet distant from the
property line, the street right-of-way line and the extended side yard to the street
centerline.
"Guest room" means a room which is intended, arranged or designed to be occupied
by occasional visitors or nonpaying guests of the occupants of the dwelling unit in
Ordinance No. 20-2200
Page 26
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 Section 19.08.030(V), including,but not limited to, a
backhoe, cement mixer, crane, ditch witch, dozer, earth mover, generator, grader,
tractor or any similar device.
"Height" means a vertical distance measured parallel to the natural grade to the
highest point of exterior construction, exclusive of chimneys, antennas or other
appurtenances, except that entry features are measured to the top of the wall plate.
Height restriction shall be established by establishing a line parallel to the natural
grade.
"Height", for purposes of the Accessory Buildings/Structures, encompasses the entire
wall plane nearest the property line, including roof, eaves, and any portion of the
foundation visible above the adjoining finished grade.
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Entry
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HEIGHT LIMIT FOR ENTRY FEATURES
"Home occupation" means a business,profession, occupation or trade activity which
is performed by the resident(s) of a dwelling unit that is their primary residence within
that dwelling unit, or a yard area, accessory structure or garage associated with that
dwelling unit, , for purposes of generating income,by means of the manufacture,
and/or sale of goods and/or services and/or by short-term rental activity in compliance
with Chapter 5.08,but which activity is clearly incidental to the principal use of the