CC Ordinance No. 21-2225 Adding 19.102 Glass and Lighting Standards, Amending 19.40 RHS Zones, 19.60 GC Zones, 19.72 ML and MP Zones, and 19.124 Parking Regulations to Implement ORDINANCE NO. 21-2225
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CITY CODE TO ADD CHAPTER 19.102: GLASS AND
LIGHTING STANDARDS AND TO AMEND CHAPTER 19.40 RESIDENTIAL
HILLSIDE (RHS) ZONES, CHAPTER 19.60 GENERAL COMMERCIAL (GC)
ZONES, CHAPTER 19.72 LIGHT INDUSTRIAL (ML) AND INDUSTRIAL
PARK (MP) ZONES, AND CHAPTER 19.124 PARKING REGULATIONS TO
IMPLEMENT BIRD-SAFE AND DARK SKY POLICIES
The City Council of the City of Cupertino finds that:
WHEREAS,while the City has certain General Plan Goals, Policies and Strategies that
support bird-safe and dark sky goals, it does not have regulations to promote effective
Bird-safe and Dark Sky policies, and that the proposed new Chapter 19.102: Glass and
Lighting and amendments to Chapter 19.40. 19.60, 19.72, and 19.124 willprovide effective
standards to promote Bird-safe and Dark Sky policies;
WHEREAS, on October 28, 2019, Planning Commission provided staff guidance on
potential Bird-safe and Dark Sky policies and guidelines;
WHEREAS, community meetings were held on February 12, 2020 and February 20,
2020 to allow the public an opportunity to review and provide comments on the
preliminary development standards;
WHEREAS, following public notices given as required by the procedural ordinances
of the City of Cupertino and the Government Code, the Planning Commission held a
public hearing on August 11, 2020 and October 27, 2020 to consider a bird-safe and dark
sky ordinance; and
WHEREAS, with Resolution No. 6914, the Planning Commission recommended on a
4-1-0 vote that the City Council adopt the bird-safe and dark sky ordinance amending the
Municipal Code in substantially similar form as presented to the Planning Commission;
and
WHEREAS, on December 1, 2020, December 15, 2020 and March 16, 2021 upon due
notice, the City Council has held public hearings to consider the Planning Commission's
recommendation and the bird-safe and dark sky ordinance;
WHEREAS, the City Council is the decision-making body for this Ordinance, which
proposes to adopt the bird-safe and dark sky ordinance recommended by the Planning
Commission, with minor modifications; and
Ordinance No.21-2225
Page 2
WHEREAS, the City Council does find as follows:
a. That the proposed zoning is in accord with this title of the Municipal Code and the
City's Comprehensive General Plan.
The Ordinance does not change any zoning designations, but rather it modifies Title 19:
Zoning by adding a new chapter to create development standards for the implementation (;
Of regulations that support Bird-safe and Dark Sky policies. The proposed amendments do
not render existing provisions of the Municipal Code inconsistent with those proposed.
The proposed amendments will also support the following General Plan Goals, Policies,
and Strategies:
■ Goal LU-3:Ensure that project site planning and building design enhance the public
realm through a high sense of identity and connectivity.
■ Policy LU-3.3: Building Design: Ensure that building layouts and design are
compatible with the surrounding environment and enhance the streetscape and
pedestrian activity.
■ Strategy LU-3.3.1: Attractive Design — Emphasize attractive building and site
design by paying careful attention to building scale, mass, placement, architecture,
materials, landscaping, screening of equipment, loading areas, signage and other
design considerations.
■ Goal LU-12: Preserve and protect the City's hillside natural habitat and aesthetic
values.
■ Goal ES-5: Protect the city's urban and rural ecosystems.
■ Policy ES-5.1: Urban Ecosystem — Manage the public and private development to
ensure the protection and enhancement of its urban ecosystem.
■ Strategy ES-5.2.1:Riparian Corridor Protection—Require the protection of riparian
corridors through the development approval process.
The regulations will support protection of riparian corridors by allowing native wildlife,
particularly nocturnal wildlife, corridors to travel along without interruptions by light
intrusion. The regulations will also minimize bird fatalities by reducing overall
illumination, which works to confuse birds and their migration patterns. The regulations
will incorporate bird-safe mitigations that will reduce the number of bird collisions.
Further, the proposed ordinance includes policies to reduce the negative effects of light
pollution on humans by ensuring adequate lighting to a site, preventing light trespass to
adjacent properties, and ensuring that unnecessary lighting is extinguished at night.
Ordinance No.21-2225
Page 3
b. The proposed zoning is in compliance with the provisions of the California
Environmental Quality Act(CEQA).
The proposed Ordinance is exempt from environmental review under California '
Environmental Quality Act ("CEQA") Guidelines section 15308 because these
regulations are being adopted to assure the maintenance, restoration, enhancement, or
protection of the environment, CEQA Guidelines section 15301 because the regulations
would result in the minor alteration of existing public or private structures without any
expansion of use; CEQA Guidelines section 15305 because the regulations involve minor
alterations in land use limitations that do not alter permitted uses or density, and CEQA
Guidelines section 15061(b)(3)because it can be seen with certainty that these regulations j
related to glazing and lighting will have no possibility of a significant effect on the
environment,and that none of the exceptions in CEQA Guidelines section 15300.2 apply.
c. 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 amendments do not change the zoning designation
for any properties, nor does it change any land uses allowed. The amendments also do not
propose any physical changes in the environment or increased development.
d. The proposed zoning will promote orderly development of the City.
By creating regulations for Bird-Safe and Dark-Sky development standards, the ordinance
will promote orderly and consistent implementation of the regulations for development in
the City.
e. That the proposed zoning is not detrimental to the health, safety, peace, morals
and general welfare of persons residing or working in the neighborhood of subject
parcels.
The proposed ordinance provides regulation to maintain the health, safety, peace, morals
and general welfare of persons residing or working in the City by providing regulations
that limit adverse impacts of development on the natural and built environment pertaining
to birds and the night sky.
f. The proposed amendments are internally consistent with this title.
All the necessary chapters and sections of Title 19:Zoning have been amended to ensure
internal consistency with the proposed regulations.
Ordinance No.21-2225
Page 4
NOW, THEREFORE,THE CITY COUNCIL OF THE OF CITY OF CUPERTINO
DOES ORDAIN AS FOLLOWS:
SECTION 1. Adoption.
The Cupertino Municipal Code is hereby amended as set forth in Attachment A.
SECTION 2: 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 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 3: California Environmental Quality Act.
The proposed ordinance is exempt from environmental review under the California
Environmental Quality Act ("CEQA") Guidelines Section 15308 since these regulations
are being adopted to assure the maintenance, restoration, enhancement, or protection of
the environment. Further, the proposed ordinance is exempt from CEQA under CEQA
Guidelines section 15301 because it would result in the minor alteration of existing public
or private structures without any expansion of use and under CEQA Guidelines Section
15305 because the proposed ordinance involves minor alteration in land use limitations
that do not alter permitted uses or density. Finally, the proposed ordinance is exempt
from CEQA under CEQA Guidelines section 15061(b)(3) because it can be seen with
certainty the Ordinance's regulation related to glazing and lighting will have no possible
significant effect on the environment. None of the exceptions listed in CEQA Guidelines
section 15300.2 apply to the proposed ordinance.
SECTION 4: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by Government
Code Section 36937.
Ordinance No.21-2225
Page 5
SECTION 5: 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 cppy 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 March 16,
2021 and ENACTED at a regular meeting of the Cupertino City Council on April 6,
2021 by the following vote:
Vote Members of the City Council
1
AYES: Paul, Chao,Moore,Wei,Willey j
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
y/Z7 Z,
Date
Darcy Paul,
��)
City of Cupertino
ATTEST:
Kirsten Squarcia, Ci Clerk Date
APPROVED AS TO FORM:
{feather M. Mihher Apr 27, 2021
Heather Minner, City Attorney Date
i
Attachment A—An Ordinance of the City of Cupertino to implement Bird-safe and
Dark Sky policies and guidelines
This ordinance amends several portions of the Municipal Code. For ease of review, the
amendments advancing the primary objective are presented first followed by conforming
amendments. There is a separate heading in bold italics for each portion of the Code being
amended. Each portion is shown beginning on a separate page.
The sections of the Cupertino Municipal Code set forth below are amended or adopted as follows:
Text added to existing provisions is shown in bold double-underlined text (exam le
and text to be deleted in shown in strikethrough (e*affqle). Text in existing provisions
is not amended or readopted by this Ordinance. Text in italics is explanatory and is not
an amendment to the Code.
Where the explanatory text indicates that a new section is being added to the City Code,
the new section is shown in plain text.
1. Addition to Title 19•Zoning, Chapter 19102: Glass and Lighting Standards
19.102 GLASS AND LIGHTING STANDARDS
19.102.010 Purpose
19.102.020 Applicability of regulations
19.102.030 Bird-safe Development Requirements
19.102.040 Outdoor Lighting Requirements
19.102.010 Purpose
The purpose of this chapter is to regulate design and construction of structures and
accessory elements in all zoning districts to protect the natural environment,
particularly enhancing bird-safety and reducing light pollution. This Chapter
establishes regulations to reduce bird mortality from windows, other specific glass
features, and certain lighting elements that are known to increase the risk of bird
collisions. This Chapter also establishes regulations to reduce light pollution, which is
known to contribute to bird mortality, reduced visibility of the night sky, and adverse
impacts to human health.
19.102.020 Applicability of regulations
Whenever an applicant is required to obtain a building permit or a Permit pursuant to
Title 19, or whenever exterior lighting is added, replaced, or altered (whether
temporary or permanent), the project shall meet the requirements of this Chapter. The
following table indicates the applicability of regulations by type of project in which
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exterior glass/transparent windows, doors, or features or interior or exterior lighting is
added, replaced, or altered:
Type of Development Applicable Sections
A. New primary or accessory building or Sections 19.102.030 and 19.102.040
structure construction
B. Complete or Partial Remodel of primary or Sections 19.102.030 and 19.102.040
accessory buildings or structures apply to remodeled portions
C. Parking lot upgrade or redesign, excluding Section 19.102.040
maintenance or repair activities (i.e.,
restri ing, resealing, or repaving)
D. New or replacement glass windows, doors, Section 19.102.030 (A), (B), and (D),
or features apply only to the new exterior glass
windows, doors, or features
E. New or replacement exterior lighting Section 19.102.040
F. Exemptions See Sections 19.102.030 (E) and
19.102.040 (D)
19.102.030 Bird-safe Development Requirements
A. Application submittal requirements: All projects that are subject to the bird-safe
development requirements shall submit the following:
1. Elevation drawings indicating the bird-safe treatment and how the proposed
treatment meets the requirements of Section 19.102.030.(B) and (D);
2. Cross sections,if required;
3. Other exhibits indicating consideration and incorporation of the regulations in
Section 19.102.030 (B), (C), and (D); and
4. Biologist report in support of alternative compliance method pursuant to Section
19.102.030 (B)(3), if proposed.
B. Fenestration and Glass Requirements
1. Fagades of all projects subject to bird-safe development requirements shall have:
a. No more than 10% of the surface area of the fagade be untreated glass
between the ground and 60 feet above ground. j
b. No more than 5% of the surface area of the fagade be untreated glass between
60 feet above ground and up.
2. Standard Compliance Treatments: The Planning Division may maintain a list of
acceptable bird-safe treatments that may be updated from time to time. The list
may include,but not be limited to,permanent treatments such as opaque glass,
window muntins, exterior insect screens, exterior netting, or special glass
treatments such as fritting to provide visual cues and reduce the likelihood of i
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r
bird collisions. Glass treatments must have high color contrast with the glass and
be applied to the outermost surface. Prior to publication of the list, the Planning 4
Department may review information available from interest groups, such as the
National Audubon Society.
3. Alternative Compliance Method: Property owners/applicants may propose an
alternate compliance method recommended by a qualified biologist to meet the
requirements and intent of this section. The alternate compliance method shall be
peer-reviewed by a third-party consultant, paid for by the applicant, and subject
to the approval of the Director of Community Development.
C. Non-residential Indoor Lighting Requirements:
1. Install time switch control devices or automatic occupancy sensors on non-
emergency interior lights that are programmed to turn off at eleven p.m. or
within two hours after the business is closed.
2. Businesses that involve the direct retailing of goods to the general public may
have downward directed,low voltage, and fully shielded lighting for window
displays at any time when there is a display of such goods.
D. Bird-safe Design Requirements. All projects shall:
1. Avoid the funneling of flight paths along buildings or trees towards a building
facade.
2. Avoid use of highly reflective glass or highly transparent glass.
3. Not include skyways or walkways,balconies, freestanding walls,or building
corners made of untreated glass or other transparent materials, or any other
design elements that are untreated and through which trees,landscape areas,
water features or the sky are visible from the exterior or from one side of the
transparent element to the other.
E. Exemptions: The following are exempted from bird-safe treatment regulations of
subsection 19.102.030(B):
1. Any historic structure, either as set forth in the General Plan Figure LU-3 Historic
Resources or listed on the State or National Historical Registers;
2. First floor retail storefronts,up to a height of 15'; and,
3. Residential development in R1 zoning districts outside of Bird-Sensitive Areas.
F. California Building Code. All windows,doors, or other features must comply with
the requirements of the California Building-Code. Should a conflict exist with the
provisions of this Chapter, the standards in the California Building Code shall
prevail.
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19.102.040 Outdoor Lighting Requirements
A. Submittal Requirements: Projects subject to outdoor lighting regulations must
submit the following information:
1. A site plan indicating the location of all outdoor lighting fixtures.
2. A description of each lighting fixture. This description may include,but not be
I
limited to, manufacturer's catalog cuts and drawings (including sections if
requested),lamp types, and lumen outputs.
3. Photometric plans,prepared, stamped and signed by a licensed professional
i
engineer qualified in outdoor lighting, depicting the location of all outdoor 1
lighting fixtures and building-mounted lighting fixtures and a maximum ten-foot
by ten-foot grid of both the initial and maintained lighting levels on the site,
including any impact on adjacent properties.
4. The project lighting plan shall indicate how lighting has been coordinated with
any associated landscaping plan to prevent site planning conflicts.
5. Any other information the Director may determine is necessary to ensure that the
proposed lighting is in compliance with the provisions of this Chapter.
6. Any of the above requirements may be waived by the Director of Community
Development when determined to be unnecessary for determining compliance
with the provisions of this Chapter.
S. Outdoor Lighting Standards
1. All outdoor lighting shall be fully shielded fixtures, directed downward to meet
the particular need and away from adjacent properties and rights-of way to
avoid light trespass, except:
a. Low-voltage Landscape Lighting: Low-voltage landscape lighting, such as
that used to illuminate fountains, shrubbery,trees, and walkways, do not
have to be shielded fixtures and may use uplighting,provided that they use
no more than ten (10)watt incandescent bulb or LED equivalent, or a
maximum of 150 lumens (whichever is less),and not directed toward the
right-of-way.
b. Architectural Features: Uplighting may be used to highlight special
architectural features.
c. Public Art: Alternative lighting standards may be used to illuminate public
art or serve as public art subject to the review and approval by the Fine Arts
Commission.
d. Historic Lighting Fixtures: Lighting fixtures that are historic or that exhibit a
historical period appearance, as determined by the Director of Community
Development,need not be fully shielded.
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e. String Lighting: String Lighting may be used in compliance with Section
19.102.040 (B) (12).
2. Illumination Levels
a. No exterior light, combination of exterior lights, or activity shall cast light
exceeding zero point one (0.1) foot-candle onto an adjacent or nearby
property,with the illumination level measured at the property line between
the lot on which the light is located and the adjacent lot, at the point nearest
to the light source, except if two adjacent properties are non-residential, or
function as a shopping center, and agree to coordinate lighting.
b. No direct off-site glare from a light source shall be visible above three feet at a
public right-of-way.
c. The maximum light intensity on a site shall not exceed a maintained value of
ten foot-candles, when measured at finished grade.
d. Parking lots, sidewalks and other areas accessible to pedestrians and
automobiles on properties with four or more units, mixed-use development,
and non-residential development shall be illuminated with uniform and
adequate intensity. Typical standards to achieve uniform and adequate
intensity are:
i. Average horizontal maintained illumination shall not be more than three
foot-candle.
ii. Maximum to minimum ratio should be between 6:1 and 10:1,but shall not
be more than 10:1.
e. Critical areas of illumination such as stairways, ramps and main walkways
may have a higher illumination.
3. All light sources shall have a maintained correlated color temperature of 3,000
Kelvin or less.
4. All outdoor lighting shall be fully extinguished or be motion sensor operated by
11:00 p.m. or when people are no longer present in exterior areas,whichever is
later, except for:
a. Critical lighting pursuant to section 2 (e) above;
b. Any lighting at building entrances,parking areas, walkways, and driveways
area required to remain illuminated after 11:00 p.m. by the California Building
Code or state law;
c. Lighting of an appropriate intensity, allowed in conjunction with uses that are
permitted to operate past 11:00 p.m.,with a conditional use permit;and
d. Outdoor solar powered pathway lights that are 25 lumens or less.
e. Lighting that illuminates a pedestrian pathway (examples include bollard, in-
place step, or building mounted), provided that such lighting is a maximum
Dark Sky Development Regulations
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height of four (4) feet above the pathway, fully shielded, and downward
directed.
5. Automated control systems, such as motion sensors and timers, shall be used to
meet the outdoor lighting requirements.
a. Photocells or photocontrols shall be used to extinguish all outdoor lighting
automatically when sufficient daylight is available.
b. All lighting activated by motion sensors shall extinguish no more than 10
minutes after activation.
c. Automated controls shall be full programmable and supported by battery or
similar backup.
6. Security lighting may be provided when necessary to protect persons and
property. When security lighting is utilized only the following standards shall
apply:
a. Security lighting shall be controlled by a programmable motion-sensor
device, except where continuous lighting is required by the California
Building Code. All lighting activated by motion sensors shall extinguish no
more than 10 minutes after activation. Automated controls shall be fully
programmable and supported by battery or similar backup.
b. Security lighting shall be downward directed, shielded, and not be mounted
at a height that exceeds 12 feet, measured from the adjacent grade to the
bottom of the fixture.
c. Floodlights shall not be permitted.
d. Security lights intended to illuminate a perimeter, such as a fence line, are
permitted only if such lights do not result in light trespass.
e. Motion-activated security lights shall not use lamps that exceed 100 watt
incandescent bulb or LED equivalent, or a maximum of 1,6001umens
(whichever is less).
7. Lighting design standards:
a. Lighting fixtures must be of a design that complements building and
landscaping design.
b. Lighting fixtures shall be appropriate in height, intensity, and scale to the use
they are serving. Parking lot lights in non-residential zones shall not exceed a
height of 21 feet, and any wall-mounted lights shall not exceed a height of 12
feet, measured from the adjacent grade to the bottom of the fixture.
8. Service Station Canopies: The following standards shall apply to service station
canopy lighting, in addition to all other applicable standards:
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2
a. Lighting fixtures in the ceiling of canopies shall be fully recessed in the I'
canopy.
b. Light fixtures shall not be mounted on top of the fascia of such canopies.
c. The maximum light intensity under the canopy shall not exceed an average
maintained foot-candle (horizontal) of 12.5, when measured at finished grade.
d. The fascia of such canopies shall not be illuminated, except for approved
signage in compliance with Chapter 19.104.
9. Areas around Automatic Teller Machines shall meet minimum standards
required by the State of California Business and Professions Code.
10. All lighting must comply with the requirements of the California Building Code.
Should a conflict.exist with the provisions of this Chapter, the standards in the
California Building Code shall prevail.
11. Lighting in ML zones shall additionally comply with the standards in Chapter
19.72.
12. String Lighting Regulations:
a. String lighting is different from holiday and/or seasonal lighting, and in
addition to subsections (b) and (c) as applicable below, shall not be:
i. Blinking and/or chasing lights
ii. Secured with materials or in a manner that will puncture the skin or
restrict the growth of any living landscape feature.
iii. Attached to a fence in a manner that permits light trespass to adjacent
property.
iv. More than a 2.8-watt incandescent bulb system or equivalent LED
system and emit no more than 42 lumens (whichever is less).
b. Residential Areas: String lighting is permitted subject to the following
requirements:
i. It shall not illuminate more than fifty(50) percent of the rear yard or 500
sq. ft.,whichever is more restrictive.
ii. It shall not be visible from the City right-of-way.
iii. It shall be used primarily to illuminate patio areas.
iv. It shall be extinguished by 11:00 p.m.
c. Commercial and Mixed-Use Commercial Areas: String lighting may be
permitted subject to the following requirements,with approval of the
Director of Community Development:
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i. Any development or property is permitted to submit one application for
string lighting,which shall include all uses of string lighting on the
development or property.
ii. It shall not illuminate an area greater than:
1. Five (5) percent of the building(s) footprint of a shopping center, and,
B
2. Fifteen (15) percent fora freestanding commercial building not part
of a shopping center.
iii. It is limited to the lighting of the following:
1. Living landscape features (trees, shrubs, etc.), if used in combination j
with other highlighting or pedestrian lighting fixtures within the
immediate area, and,
2. Designated outside dining or display areas.
C. Prohibited Lighting: The following types of lighting.are prohibited:
1. Outdoor lighting that blinks, flashes, or rotates except those that may be
permitted pursuant to Chapter 10.26.
2. Outdoor flood lights that project above the horizontal plane.
3. Lighting that unnecessarily illuminates any other lot or substantially interferes
with use or enjoyment of that lot. j
4. High-intensity discharge lighting for recreation courts on private property.
5. Spotlights.
D. Exemptions: The following types of lighting are exempt from the lighting
requirements of the Chapter:
1. Lighting within the public right-of-way and public parks
2. Permitted lighting for signs pursuant to Chapter 19.104 of the Municipal Code
3. Temporary construction or emergency lighting
4. Short-term lighting authorized by a special events permit
5. Holiday seasonal lighting during the period of October 15 through January 15 of
each year
6. Required lighting to comply with Building Code, Fire Code, or state law. To the
extent permitted by Building Code, Fire Code, or state law such lighting shall
additionally comply with the requirements of this Chapter.
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i
A
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2 Additions to Chester 19.08 concerning Definitions
The following definitions are inserted in alphabetical order in appropriate locations in Sections
19.08.030 (B), (G), (L), (M), (S), (U), and W. No changes are made to the remainder of the
definition sections.
"Bird safe design" means when building_desig site planning design features,
_materials exterior and interior lighting are designed and developed to reduce
hazardous conditions for birds.
"Bird safe development" means development that incorporates bird-safe design
and bird-safe treatment.
"Bird safe treatment" means treatment to glass that provides visual cues to birds
and reduce the likelihood of bird collisions
"Bird sensitive area" forpurposes of Chapter 19102 Glass and Lighting Standards,
means parcels that are in or within 300 feet of the Wildland Urban Interface;within
300 feet of watercourses•in Residential Hillside areas;and within 300 feet of public
and private omen spaces and parks that are dominated by vegetation, including
vegetated landscaping forest meadows grassland,or wetlands.
"Glare"means the effect produced by a light source within the visual field that
is sufficiently brighter than the level to which the eves are adapted which causes
annoyance discomfort or loss of visual performance and ability.
"Glass features" for purposes of Chapter 19.102, Glass and Lighting Standards,
means such features as free-standing glass walls, wind barriers, skvwalks,
balconies, greenhouses and rooftop appurtenances
"Light Fixture"means a complete lighting unit consisting of one or more lamps
and ballast(s) where applicable together with the parts designed to distribute the
light position and protect the lamps) and ballasts) and connect the lam (p s) to
the Power supply.
"Light trespass" means light emitted by a light fixture that shines beyond the
property on which it is installed.
"Muntins"means strips of wood metal or other materials that physically separate
and support individual panes of glass in a window or visually separate a single
pane of glass in a window into different sections.
"Shielded fixture"means a light fixture that is shielded or constructed so that
light rays emitted by the lamp(s) are projected below the horizontal lP ane Passing
through the lowest point on the light fixture.
"Uplighting"means the placement and orientation of light fixtures such that light
rays are directed upward.
"Watercourse" for purposes of Chapter 19102 Glass and Lighting Standards,
means any natural or artificial arroyo canal channel natural conduit creek
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culvert, ditch, gully, lake, ravine river, stream, waterway, or wash or other
topographic feature on or over which waters flow at least periodically and adjacent
areas in which substantial flood damage may occur from overflow or inundation
i
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3 Ainendinents to Chapter 19 40.060 concerning lighting in Residential Hillside
Zones
19.40.060 Building Development Regulations.
All provisions of this section may be deviated from upon obtaining a Hillside
Exception in accordance with Section 19.40.070.
Table 19.40.060 sets forth the rules and regulations pertaining to the development of
structures on property zoned Residential Hillside (RHS).
Table 19.40.060: Building Development Regulations
A. Floor Area Ratio (FAR)
Lesser of:
a. Net lot •6,500 square feet;or
area •45%of net lot area times the slope adjustment
<10,000 factor pursuant to Section 19.40.060(A)(2)*
square feet *Formula=(0.45.x Net lot area) x(Slope adjustment
1.Maximum factor)
Allowable Lesser of:
Development •6,500 square feet;or
b. Net lot •4,500 square feet plus 59.59 square feet for every
area 10,000 1,000 square feet over 10,000 square feet of net lot
square feet area, times the slope adjustment factor pursuant to
Section 19.40.060(A)(2)*
*Formula=(4,500+((Net lot area-10000)/1000)
(59.59))x(Slope adjustment factor)
Reduction(1.5 x
Average (Average
Slope Slope-0.1))
a. Average No reduction in < 10% 0%
Slope 10% allowable floor
area slope
adjustment factor
= 1
11% 1.5% .
12% 3.0%
13% 4.5%
14% 6.0%
15% 7.5%
16% 9.0%
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2. Adjustment Factor 17% 10.5%
based on Average 18% 12.0%
Slope of Net Lot Area 19% 13.5%
A reduction in 20% .15.0%
allowable floor 21% 16.5%
b.Average area by one and 22% 18.0%
slope one-half percent
between (1.5%) for each 23% 19.5%
10% and percent of slope 24% 21.0%
30% over 10%. 25% 22.5%
Slope adjustment 26% 24.0%
factor = (1-(1.5 x 276% 25.5%
(average slope of 28% 27.0%
net lot area-0.1)) 29% 28.5%
C.
Allowable floor
Average area shall be
slope> reduced by a 30/°° 30.0%
30% constant 30%
Slope adjustment
factor=(1-0.3)
3.Additional Regulations for Lots Within Clustered Subdivisions where Land is
Reserved for Common O en Space
a. Lot Area for May count a proportionate share of the reserved private open
calculating FAR space to arrive at lot area for purposes of calculating FAR.
b. Maximum FAR No developable lot in a cluster development can exceed forty-
prior to slope five-percent floor area ratio, prior to applying the slope
consideration adjustment factor, when a portion of the private open space is
attributed to the lot area for calculating FAR.
c. Average slope Calculated on the developable lot only.
of lot
B.Height of Limited to 30 feet
Buildings and
Structures
C.Setbacks
Habitable Third
First Floor Second Floor(or portions j
Floor of structures taller
than 20 feet)
1.Front-yard
a. Slo a_<20% 20 Driveway and 25 feet 25 feet
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feet garage must be
designed to enable
b. Slope> 20% 10 vehicles to park off- 25 feet 25 feet
feet street
2.Side-yard
a. Interior Side 10 feet 15 feet. 20 feet
b. Street Side 15 feet 15 feet 20 feet
on Corner Lot
3.Rear-yard 20 feet 25 feet 25 feet
D.Second Story Decks and Patios Minimum Setbacks
1.Front Yard - 17 feet 17 feet
2.Side Yard - 15 feet 15 feet
3.Rear Yard - 20 feet 20 feet
E.Downhill Facing Elevation
1.Second Story Downhill Facing Wall Plane Offset
i. Average of 7 feet 6 inches for 75% of the second story
a. Offset from First downhill facing wall plane shall be setback and
Floor Downhill Wall ii. Not less than five feet.
Plane iii. The remaining 25% may not extend past the first story wall
plane.
b. Multiple Offset shall apply only the primary setback affected.
Downhill Facing
Wall Planes
i. Offset may be measured from the outside perimeter of first-
story roofed porches.
c. Offset from First ii. Roof of the porch must match, in pitch and style, the roof of
Floor Roofed Porches the main structure.
iii. Porch must be at least 5 feet in width and extend the length
of the wall on which it is located.
2. Maximum Wall 15 feet
Height on Downhill
Elevation
F. Permitted Yard Encroachments
a. Where a building legally constructed according to existing
first floor yard and setback regulations at the time of
construction encroaches upon present required first floor
setbacks, one encroaching side of the existing structure may be
extended along existing building lines.
1. Extension of a b. Only one such extension shall be permitted for the life of
Legal Non-conforming the building.
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Wall Plane for c. Encroachments into a required yard which are the result of E
structures not located the granting of a variance may not be further extended.
within a prominent d. Further encroachment into a required setback is not
ridgeline site line allowed.Le., a non-conforming setback may not be further
reduced.
e. In no case shall any wall plane of a first-story addition be
laced closer than three feet to any property line.
a. May extend into a required yard a distance not exceeding
three feet.
2. Architectural b. No architectural feature, or combination thereof, whether a
Features portion of a principal or accessory structure, may extend closer
than three feet to any property line.
G.Accessory Structures
(including attached As allowed by Chapter 19.100, Accessory Buildings/Structures
patio covers)
H.Design Standards
1.Building and Roof Forms
a. Natural Contours Building shall follow as closely as possible the primary natural
contour of the lot.
b. Building Mass The main building mass shall be on the upslope side of the
and Roof Pitches building and the roof pitches shall trend downslope.
c. Second Permitted within the second story setbacks as long as they are
Story Dormers minor in shape and size.
d. Downhill Shall have a minimum of four offset building and roof elements
Elevation of main to provide varied building forms to produce shadow patterns
structure which reduce the impact of visual mass.
Wall planes exceeding one story or 20 feet in height,whichever
I
e. High Wall Planes is more restrictive, shall contain architectural elements in order
to provide relief and to break up expansive wall planes.
2. Colors
All structures on the lot shall use natural earth tone and/or
a. Natural Earth vegetation colors which complement the natural surroundings.
Tones Natural earth-tone and vegetation colors include natural hues of
brown, green and shades of gray.
b. Reflectivity Value Shall not exceed 60 on a flat surface
3. Outdoor Lighting All outdoor lighting shall meet the requirements in Chapter
19.102,b_e identified An fhe site
High intensity hghts not per-mitted.
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Met3ert watts:n,4
site LI[[I RO2eZ[
need.C-. Othff lighting Must be directed te meet the paFtk++1ff
I. Geologic and Soils Reports
A geological report prepared by a certified engineering geologist
and a soils report prepared by a registered civil engineer
qualified in soils mechanics by the State shall be submitted
prior to issuance of permits for construction of any building or
structure which:
a. Is located on property in an RHS zoning district which has
been designated by the General Plan to be within a geological
hazard area; and
b. Where an addition, alteration or repair of an existing
building or structure include at least one of the following:
i. The improvements include increasing the occupancy
1.Applicability capacity of the dwelling such as adding a bedroom or
secondary unit,or
ii. The cost of the completed addition, alteration or repairs
will, during any period of twelvemonths, exceed twenty-five
percent of the value of the existing improvements as determined
by the building official based on current per foot value of the
proposed structure to the existing structure's value on a parcel
of property.For the purposes of this section, the value of
existing improvements shall be deemed to be the estimated cost
to rebuild the improvements in kind, which value shall be
determined by the building official.
These reports shall contain, in addition to the requirements of
Chapter 16.12 of this code, the following:
a. All pertinent data, interpretations and evaluations,based
upon the most current professionally recognized soils and
geologic data;
b. The significance of the interpretations and evaluations with
respect to the actual development or implementation of the
intended land use through identification of any significant
2. Content of Reports geologic problems, critically expansive soils or other unstable
soil conditions which if not corrected may lead to structural
damage or aggravation of these geologic problems both on-
and off-site;
c. Recommendations for corrective measures deemed necessary
to prevent or significantly mitigate potential damages to the
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proposed project and adjacent properties or to otherwise insure
safe development of the property;
d. Recommendations for additional investigations that should
be made to insure safe development of the property;
e. Any other information deemed appropriate by the City
Engineer.
3. Incorporation of All building and site plans shall incorporate the above-described
Recommendations corrective measures and must be approved by the City Engineer,
prior to building permit issuance.
J.Private Roads and Driveways
The pavement width and design for a private road or common
1. Pavement Width driveway serving two to five lots and a single-lot driveway shall
and Design comply with development standards contained in the Hillside
Subdivision Ordinance, Chapter 18.52 of this code.
The property owner for a lot served by a private road or
2. Reciprocal
common driveway shall, prior to issuance of building permits,
Ingress/Egress record an appropriate deed restriction guaranteeing the
Easement and following, to adjoining property owners who utilize the private
Reciprocal Maintenance road or common driveway for the primary access to their lot(s):
Agreement a. Reciprocal ingress/egress easement, and
b. Participation in a reciprocal maintenance agreement.
The setback and height restrictions provided in this chapter
may be varied for a structure utilized for passive or active solar
purposes,provided that no such structure shall infringe upon
K. Solar Design solar easements or adjoining property owners. Variation from
the setback or height restrictions of this chapter may be allowed
only upon issuance of an Administrative Conditional Use
Permit subject to Chapter 19.12.
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4 Amendments to Section 19 60 060 concerning lighting hi General Commercial
Zoning Districts
19.60.060 Development Standards.
Table 19.60.060 sets forth the rules and regulations pertaining to the development of
property located in the General Commercial (CG) zoning district.
Table 19.60.060: Development Standards
No minimum lot area or coverage. Must be in
conformance with the General Plan or
A. Lot Area and Coverage applicable Specific Plan. Must have sufficient
area to satisfy off-street parking and loading
requirements contained in this title.
B.Height of Buildings and Structures 30 feet unless otherwise permitted by the
General Plan or applicable Specific Plan.
C. Required Setbacks for Buildings and Enclosed Patio/Atrium Space
Established based upon special policies
contained in the General Plan and/or
applicable specific plan to:
-Insure sufficient space to provide adequate
1. Front Yard light, air and visibility at intersections;
-Assure general conformity to yard
requirements of adjacent or nearby zones, lots
or parcels; and
-Promote excellence of development.
No side or rear yard setback required unless
2. Minimum Side and Rear Yard lot abuts any residential or agricultural-
residential zone in which case the following
regulations apply:
a. Side Yard Setback
12 feet,or a total setback equal to one foot of
additional setback for each foot of height of a
i. Interior Side commercial building measured from its eave
line or top of parapet, whichever is more
restrictive.
ii. Street Side of Corner Lot 12 feet
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20 feet, or a total setback equal to one and one-
half feet of additional setback for each foot of
b. Rear Yard Setback height of.a commercial building measured from
its eave line or top of parapet,whichever is
more restrictive.
D.Noise Standards-
1.New Construction and uses approved as a Conditional Use that have a high
probability of generating noise that adjoin residential districts shall be:
a. Exterior Walls Designed to attenuate all noise emanating
from interior retails ace.
b. Loading Docks and Doors Located away from residential districts.
Required Fire.Doors are excluded.
Air conditioning, exhaust fans, and other
c.Mechanical and other equipment mechanical equipment shall be acoustically
isolated to comply with the noise ordinance
Install a minimum eight-foot-high masonry
d.Sound Wall sound wall on or adjacent to the common
property line
Certified by an acoustical engineer that the
e.Acoustical Engineer above sound attenuation measures comply
with the intent of the regulation and the City's
community noise ordinance
2.In addition to (1) above, retail structures in a mixed use residential development
shall employ noise attenuation techniques recommended by an acoustical engineer to
comply with the community noise ordinance.
E. Lighting-New lighting fixtures for any new site construction or building
improvements shall meet the requirements in Chapter 19102
S44-i—Albe a v.4-9ite t�xjqe light either-metal halide
plaft-
sible+ pedestriansand adequate intensi y. Ttpieal stanE arils to
emebiles
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j..
Areasb.Ma*kmufn to Miniwmm Ratio Should be between 64 and 104
Shall meet min4rum standards r-e ed by the
5. ar-oun.7 A t Teller- �t + f Califer-nia Business and rxvfessions
Shall be designed to provide an effective year-
round.landscaping screen in the setback area
F. Landscaping Plan adjoining a residential property. The intent of
the plan is to screen the building from the rear
yard of a residence within five years.
1. The following amenities and utilities shall
be installed subject to the specifications of the
subdivision ordinance:
a. All utilities including water, gas, sanitary
and storm sewers, underground power
systems, and
b. Amenities including, lighting electroliers,
curbs, gutters, streets and sidewalks and
c. Connections to main systems shall be
installed subject to the specifications of the
subdivision ordinance of the City.
2. All wires, pipes,cables,utilities and
connections shall be placed in underground or
G.Utilities subsurface conduits subject to the
specifications of the subdivision ordinance of
the City.
3. Underground vaults, or, well screened areas,
if underground vaults are deemed to be
infeasible by the City Engineer and the Director
of Community Development, must be provided
for the installation of the necessary utilities.
Air conditioning, exhaust fans, and other
H. Mechanical Equipment mechanical equipment shall be visually
screened.
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5. Amendments to Section 19.72.050 concerning lighting in Light Industrial (ML)
and Industrial Park(MP) zoning districts
19.72.50 Restrictions Related to Emissions.
No use shall be allowed which is or will be offensive by reason of the emission of
dust, gas, smoke, noise, fumes, odors, bright lights, vibrations, nuclear radiation,
radio frequency interference, or otherwise. Every use shall be operated in such
manner that the volume of sound inherently and recurrently generated shall not
exceed sixty-five decibels during the day and fifty- five decibels at night, at any
point on the property line on which the use is located, or sixty decibels during the
day and fifty-five decibels at night, at any point on the property line on which the
use is located where such property line abuts property that is zoned for residential
purposes. Noise and sounds shall be appropriately muffled in such manner so as
not to be objectionable as to intermittent beat, frequency, or shrillness.
Provided further that prior to issuance of a building permit the Building Inspector
may require evidence that adequate controls, measures, or devices have been
provided to insure and protect the public interest, health, comfort, convenience,
safety and general welfare from such nuisances.
Emissions of noise,vibrations, radiation, light,smoke, fumes or gas, odor, dust and
toxic waste shall be limited to quantities indicated in this section. The limitations
shall apply at any point outside the boundary of each lot in an ML zone, the
boundary assumed, for the purpose of this title, to extend in a vertical plane and
below ground. In case of further subdivision or lot split, the limitations shall not
apply outside any resulting lot.
A. Vibration.Vibrations in the nonaudible range shall not be of such
intensity that they can be perceived without instruments.
B. Radiation. Electromagnetic radiation shall not result in perceptible disturbance
of television or radio reception.
C. Light. In addition to thelighting t dard in Chapter 19102 all
development shall meet the following lighting standards:
1 The intensity of light at the boundary of each lot shall not exceed seventy-
five footlamberts from a source of direct light, or one hundred
footlamberts from a source of reflected light.
2 The intensity of light at the boundary of an industrial zone, or an 1
industrial area in a planned development(P)zone, shall not exceed fifty
footlamberts from a source of direct light, or seventy-five footlamberts
from a source of reflected light.
3 In the event there is a conflict with Chapter 19.102, the less strin ent
lighting standards shall apply.
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D. Smoke.No emission shall be permitted at any point, from any chimney or N
otherwise, of visible grey smoke of a shade equal to or darker than No. 1 on the
Ringelmann Smoke Chart, as published by the U.S.Department of Interior,
Bureau of Mines, Informational Circular 8333, May 1967;except that a visible grey
smoke of a shade equal to No. 2 on the Ringelmann Smoke Chart may be emitted r
for four minutes in any thirty minutes.
E. Hazardous and Toxic Materials.The use, handling, storage, and
transportation of toxic and hazardous materials shall comply with the provisions
of the California Hazardous Materials Regulations(California Administrative
Code, Title 22,Division 4).The use, storage,manufacture and disposal of
hazardous materials shall be regulated and monitored according to the standards
established by the U.S. Environmental Protection Agency (EPA), the California
Environmental Protection Agency(Cal/EPA) and any delegated government
agencies.
F. Odor. No emission of odorous gases or other odorous matter shall be
permitted in such quantities as to be readily detectable without the aid of
instruments at the boundaries of the lot or in such concentrations as to create a
public nuisance or hazard beyond such boundaries. Any process which may
involve the creation or emission of any odors shall be provided with a secondary
safeguard system so that control will be maintained if the primary safeguard
system should fail.There is established as a guide in determining such quantities
of offensive odors, Table III, Odors Thresholds, in Chapter 5 of Air Pollution
Abatement Manual, copyrighted in 1951 by Manufacturing Chemists Association,
Inc.,Washington, D.C.
G. Fly Ash,Dust,Fumes, Gases and Other Forms of Air Pollution.No emission
shall be permitted which can cause any damage to health, animals, vegetation or
other forms of property, or that will result in the collection of heavy gases at
ground level. No emission shall be permitted in excess of fifty percent of the
.standards specified in Table I, Chapter 5 of Industrial Hygiene Standards,
Maximum Allowable Concentrations of the Air Pollution Abatement Manual,
copyrighted in 1951 by Manufacturing Chemists Association, Inc.,Washington,
D.C.In no event shall any emission, from any chimney or otherwise,exceed one-
tenth of a grain(0.1 grain)per cubic foot of the conveying gas. For measurement of
the amount of particles in gases resulting from combustion, standard corrections
shall be applied to a stack temperature of five hundred degrees Fahrenheit and
fifty percent excess air.
H.Wastes. No discharge shall be permitted into any public street or sewer,
private sewage disposal system, stream,body of water, or into the ground, of any
materials of such nature or temperature as can contaminate any water supply,
interfere with bacterial processes in sewage treatment, corrode or otherwise
Dark Sky Development Regulations
Page 21
damage sewers or pipelines, or otherwise cause the emission of dangerous or
offensive elements, except in accordance with standards approved by the California
Environmental Protection Agency(Cal/EPA) and any other governmental agency
having jurisdiction over the activities.
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�l
6 Amendments to Section 19124.040 concerning lighting in off-street parking
19.124.040 Regulations for Off-Street Parking.
Table 19.124.040 sets for the rules and regulations for Off-Street Parking.
Table 19.124.040-Regulations for Off-Street Parking
Parking Ratio Table 19.124.040(A) defines the minimum and
A. and Dimensions maximum required number of parking spaces by size
and type for specific zoning districts and use within
districts.
Residential Lots If no on-street parking is available, two additional off-
B. Fronting on Public or street spaces are required.
Private Streets
Requirements are in addition to minimum
requirements of the zoning district. May be on-street, in
C. Large-Family Day Care front of provider's residence. If the provider is relying
Home on on-street parking and the roadway prohibits on-
street parking, a semi-circular driveway may be
provided,subject to other provisions of the Municipal
Code.
1 Non-resident Employee Minimum of one parking space for each non-resident
Parking employee.
2. Drop-off Parking Minimum of one parking space with direct access to the
unit, not crossing a street.
Aisle dimension shall be as required by standard
D. Aisle Dimensions details adopted by the City Engineer and shown in
Table 19.124.040(B)
Loading areas,truck parking spaces and parking spaces
for vehicles other than automobiles shall have ample
E. Loading Areas dimensions for the particular use and type of operation,
and be designed as required by the City Engineer
except in the case of loading areas in the OP and MP
zones which are specified in Chapters 19.68 and 19.72.
Planned Development The parking requirement contained in Table
F. Districts 19.124.040(A) functions as guidelines for projects in
Tanned development zoning districts.
The minimum parking requirement for developments
G. Mixed-Use and Shared with more than one land use, or parking facilities being
Parking used by one or more properties,shall be determined
Dark Sky Development Regulations
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Table 19.124.040-Regulations for Off-Street Parking
using Table 19.124.040(C).
For all projects not meeting parking requirements in
H. Alternative Table 19.124.040(A), (B) or(C), alternative parking
Parking arrangements may be approved per Section
Standards 19.124.060C
Tandem,Valet and Tandem,Valet, and other special forms of parking may
I. Other Special Parking be approved per Section 19.124.060C.
Arrangements
Minimum Stall Uni-size space located in a parking garage or other
J. Dimensions in Parking enclosed parking structure intended for non-
Structures residential uses is eight and one-half(8.5) feet by
eighteen(18) feet.
1 Space adjacent to a Nine feet by eighteen feet.
wall or structure on
one side
2 Space adjacent to a wall Nine and one-half feet by eighteen feet.
or structure on both
sides
The accessible parking requirement for the disabled is
K. Accessible Parking for embodied in Section 1129 B of the California Building
the Disabled Code, as amended,is hereby incorporated into this
chapter by reference.
1. May only be stored within entirely enclosed
structures or behind six-foot-high fencing in interior
side yard and rear yard setback areas; and
2. In no case shall these items be visible from the
street even when placed in permitted areas.
L. Heavy Equipment 3. The provisions in L(1) and L(2)shall not apply to
heavy equipment stored on site that is being used for
construction or installation of improvements with a
valid building or grading permit.
i
M. Other Regulations Outlined in Title 11 of the Municipal Code.
Applicable to all new centers and centers with a
twenty-five percent or greater increase in floor area or
a twenty-five percent or greater change in floor area
N. Landscape resulting from use permit or architectural and site
Requirements approval within twelve months shall be required to
meet the following minimum landscape requirements.
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Table 19.124.040-Regulations for Off-Street Parking
However,the Planning Commission and/or City
Council may recommend additional landscaping.
.As required in Table 19.124.040 (N)(1)below:
Table 19.124.040(N)(1):
Size of Minimum Required Interior
Parking Landscaping
Facility (%of Total Parking Interior Facility
Minimum (Sq. Ft. ) Area)
1. Interior
Landscaping Under 14,999 5%
15,000- 29,000 7.5%
30,000 plus 10%
i. Shall be planted or exist at a rate of one tree for
every five parking stalls for every ten spaces in a
single row.
ii. Only fifty percent of the trees located along the
perimeter of the parking area may count towards the
2. Parking Lot trees required number of trees.
iii. A parking facility with larger trees with high
canopies may be allowed to increase the number of
parking stalls(up to 10 parking stalls per tree)
depending on the size of the tree and canopy size.
3. Landscape Planter Strip At least three feet wide by the length of the parking
space.
Shall be offset to prevent vehicles from bumping into
4. Placement of Trees them.The Planning Department shall review and
approve final tree locations.
i. When parking lot is adjacent to a street, landscape
Landscape Buffer buffer=ten feet wide
(inclusive of curbing
5. and vehicle overhang ii. When adjacent to a side or rear property line,
allowance) landscape buffer=five feet wide,
iii. Buffer between double loading stalls=four feet.
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Table 19.124.040-Regulations for Off-Street Parking
i. Landscape areas shall be enclosed by a six-inch 1
wide continuous flat curb allowing parking lot run off
into landscaping area, infiltration islands or swales.
H. Concrete wheel stops shall be placed on top of the
flat curb and shall be provided at a rate of one per two
stalls.
Flat and Raised Curbs, iii. Landscape planter strips at the end of the parking i
Wheel Stops and aisles adjacent to a driveway shall be enclosed by a six-
6. Overhang into inch raised concreted curb with drainage outlets to
landscaped areas help delineate the driveways or aisles.
iv. Parking stall length may be decreased by up to two
feet but must provide an equivalent vehicle overhang
into landscaped areas.
i. Curbed planter strips shall be provided at the end
of each parking aisle.
7. Planter Strips ii. Landscape planter strip shall be at least three feet
wide and the length of a parking stall.
Where appropriate,provision shall be made to ensure
8. Pedestrian Paths that adequate pedestrian paths are provided
throughout the parking lot/landscaped areas.
9. Minimum Tree Size Trees require to meet any section of this title shall be a
minimum of fifteen gallon size.
10. Tree Protection All trees shall be protected by wheel stops, curbing,
bollards or other similar barriers as appropriate.
11. Maintenance All landscaping shall be continuously maintained.
In order to reduce urban runoff and provide water
Swales and Permeable quality benefits in parking lots, all new parking lots or
O. Surfaces any substantial alterations to existing parking lots shall
incorporate the following design measures to the
maximum extentpossible:
1. Bio-swales Incorporate bio-swales in the required landscaping
buffers.
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Table 19.124.040-Regulations for Off-Street Parking
i. Longitudinal slope of the swale shall be between
one percent and five percent.
ii. Swales of greater than three percent may be
required to install check dams to reduce velocity
through swale.
iii. Side slope shall not exceed 3:1
a. Standards for bio-swales (horizontal:vertical).
iv. All swales shall be required to provide an
adequate under-drain system to prevent ponding.
Swales shall be designed to eliminate any ponding of
water for more than forty-eight hours.
2. Permeable surfaces Use permeable or semi-permeable materials for the
parking stalls
Bicycle parking shall be provided in multi-family
residential developments and in commercial districts.
In commercial districts,bicycle parking shall be
P. Bicycle Parking conveniently located and adjacent to on-site bicycle
circulation pedestrian routes. The bicycle parking
facilities shall be one of the following three
classification types:
These facilities are intended for long-term parking and
are intended to protect the entire bicycle or its
1. Class I Facility individual components and accessories from theft. The
facility also protects the cycle from inclement weather,
including wind driven rain. The three design
alternatives for Class I facilities are as follows:
A fully enclosed space accessible only by the owner or
a. Bicycle Locker operator of the bicycle. Bicycle lockers must be fitted
with key locking mechanisms.
Class III bicycle parking facilities located within a
locked room or locked enclosure accessible only to the
owners and operators of the bicycle. The maximum
capacity of each restricted room shall be ten bicycles.In
b. Restricted Access multiple family residential developments, a common
locked garage area with Class II parking facilities shall
be deemed restricted access provided the garage is
accessible only to the residents of the units for whom
the garage is provided.
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Table 19.124.040-Regulations for Off-Street Parking
A fully enclosed chain link enclosure for individual
bicycles,where contents are visible from the outside,
C. Enclosed Cages which can be locked by a user provided lock. This
facility may only be used for multiple family
residential uses.
i. Intended for short term parking. A stationary
object which the user can lock the frame and both
wheels with a user provided lock.
ii. The facility shall be designed so that the lock is
protected from physical assault.
iii. A Class II facility must accept U-shaped locks and
2. Class II Facility padlocks.
iv. Class II facilities must be within constant visual
range of persons within the adjacent building or
located at street floor level.
i. Intended for short-term parking.A stationary
object to which the user may lock the frame and both
wheels with a user provided cable or chain and lock.
Class III Facility ii. Spacing of the bicycle units shall be designed for a
handlebar width of three feet, distance from bottom of
wheel to top of handlebar of three feet and six inches
and a maximum wheel-to-wheel distance of six feet.
Q. Parking Lot and Nnew lighting fixtures far a^.,new site
Structured Parking .shall meet the following requirements in
Lighting addition to the requirements of Chapter 19.102.In the
event of any conflict between the two requirements
the more stringent of the two shall anvly
All e34er-ier-lighting shall be ., ..,dte"e light either
1. 9)(tefier-Light Color metal halide 3.000
Kelvin or less unless otherwise approved as part of a
development plan for uniformity,not allowing any
dark areas in the parking lot.
i. The light fixtures shall be oriented and designed to
preclude any light and direct glare to adjacent
2. Lighting Glare residential properties.
ii. No direct off-site glare from a light source shall be
visible above three feet at a public right-of-way.
Parking lots,sidewalks and other areas accessible to i
3. Lighting Intensity pedestrians and automobiles shall be illuminated with
a uniform and adequate intensity.Typical standards to
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Table 19.124.040-Regulations for Off-Street Parking
achieve uniform and adequate intensity are:
a Average Horizontal Between one and three foot-candles
Maintained
Illumination
b Average Maximum to Should be generally between six and ten to one
Minimum Ratio
C.
Minimum Intensity Minimum three foot-candles vertically above the
above Parking Lot parking lot surface shall be maintained.
Surface
4. Critical Areas Such as stairways, ramps and main walkways may
have a higher illumination.
A,
T j g h+' n.]
in
sha
Fry. Shatter Resistant Lenses Shatter resistant lenses skeitld ll be placed over the
light to deter vandalism.
i. a
Underground and
Structured Parkins
�6. 4-.Maintain a minimum five lux level of color-corrected
Lighting Levels
_!ja!jting for maximum efficiency.
Parking Garage Portal lighting should be provided inside all parking
Entrances garages entrances.
R. Parking Space Dimension Chart. Parking space dimensions shall be as shown
in Table 19.124.040(A):
Table 19.124.040(A)
Bicycle Stall
Parking Bicycle Parking Dimensions
Land Use Zones 2 Parking g Class(4) (3)
Residential
Single-Family R- 4/DU(2 10 x 20 ea.
1/RHS/ garage+2
Al/P open)
Small Lot Single- 2 8/DU (2
family, P garage 10 x 20 ea.
Townhouse +0.8 open)
Dark Sky Development Regulations
Page 29
Table 19.124.040(A)
Bicycle Stall
Parkin Bicycle Parkin
Land Use Zones g g Dimensions
Ratio(2) Parking Class(4) (3)
3/DU (11/2
Duplex R2 enclosed+ 1 10 x 20 ea.
1/2 open)
High Density 1 space per 2
Multiple-Family, residential units; Class I
2/DU(1 and
i
High Density Ram 1 space 9.5 x 20 ea.
p per 1
Multiple Story +1 open) u nits residential Class II
Condominium u
Public/Quasi-Public/Agriculture
1/4 seats 2% of seats.
Churches, Clubs,
Lodges, Theaters BQ/CG +1/employee Class II Uni-size
+1/special- Minimum two
purpose spaces
vehicle
1/employee+
1/56 sq. ft.
multipurpose
Schools and BA/BQ room+8 1 space per Class II Uni-size
School Offices visitor 5 students
spaces/school
+1/3 students
at senior H.S. j
or college
level
Daycare Centers CG 1/6.5 students Uni-size
Martial Arts, CG
Dance/Art/Music 1/4 students
Studios, Tutorial plus 1/1 staff
Services, at any given 1 space per
specialized CG time or 1/250 5 students Class II Uni-size
schools(does not Whichever is
include adult
more
tutorial schools or restrictive
services)
Dark Sky Development Regulations
Page 30
Table 19.124.040(A)
Bicycle Stall
Parking Bicycle Parking Dimensions
Land Use Zones 2 Parking
Ratio(2) Class(4) (3)
Agriculture A 2 garage+ 10 x 20 ea.
2 open
Sanitariums and 1/doctor+1/3
Rest Homes BQ employees+ Uni-size
1/6 beds
1/5,000 sq. ft.
1/4 seats+
Private Recreation FP 1/employe Minimum two Class II Uni-size
e
spaces
Gyms, 1/5,000 sq. ft.
Auditoriums, 1/56 sq. ft.
floor area used BA/BQ purposes+ Minimum two Class II Uni-size
Skating Rinks for 1/employee spaces
seating without
fixed seats
Commercial
1/unit+ 1/20,000 sq.
Motels/Hotels/ CG 1/employee ft Class II Uni-size
Lodging (2)(3)
1/3 seats+
Restaurant/Bar CG 1/employee+ 1/2,000 sq. ft. Class II Uni-size
and Nightclubs 1/36 sq. ft. of
dance floor
1/4 seats+
Restaurants CG 1/employee+ 1/2,000 sq. ft. Class II Uni-size
without Separate 1/36 sq. ft. of
Bar dance floor
Restaurant- CG 1/3 seats+ 1/2,000 sq. ft. Class II Uni-size
Fast Food 1/employee
1/3 seats or
Specialty Foods CG 1/250 sq. ft. 1/2,000 sq. ft. Class II Uni-size
whichever
is more
Bowling Alleys CG 7/lane+ 1/5,000 sq. ft. Class II Uni-size
1/employee
Dark Sky Development Regulations
Page 31
Table 19.124.040(A)
Bicycle Stall
Land Use Zones
Parking Bicycle Parking Dimensions Ratio(2) Parking Class(4) (3)
1/1,250,sq. ft.
up to 25,000 sq.
ft.
1/2,500 sq. ft.
between 25,000—
50,000 sq. ft.
1/5,000 sq. ft.
over 50,000 sq.
General CG 1/250 sq. ft. ft. Class II Uni-size 1
1/5,000 sq.ft.
Bulky
Merchandise(5)
Industrial
Manufacturing ML 1/450 sq. ft. 1/12,000 sq. ft: Class I Uni-size
/1,250 sq. ft. or
1/15 employees,
Office/Prototype ML/OA 1/285 sq. ft. whichever is Class I Uni-size
Manufacturing more restrictive.
Office
1/1,250 sq.ft. or
Corporate/ 1
Administrative/ /15 employees,
General Multi- CG/OP 1/285 sq. ft. whichever is Class I Uni-size
Tenant more restrictive.
Medical and ICG 1/175 sq. ft. 1/1,250 sq.ft. Class II Uni-size
Dental Office
Notes:
1. Refer to Table 19.124.040(B) for uni-size stall dimensions.
2. Refer to standard details table for requirements for handicapped parking.
3. See 19.124.040(J)for stall dimensions in parking structures.
4. See 19.124.040(P)for description of bicycle parking classes.
5. Retail space devoted to the handling of bulky merchandise such as motor
vehicles, machinery or furniture, excluding grocery stores.
I
Dark Sky Development Regulations
Page 32
Table 19.124.0400
p Type of Angle (In
Stall Aisle Width Aisle Width Car Space
Parking Stall Degrees) Width (One-Way (Two-Way Depth
Aisle) Aisle)
(A) (B) (B) (C)
Uni-Size 00 8.5 10.0 18.0 22.0
300 8.5 10.0 18.0 18.0
350 8.5 10.0 18.0 18.0
400 8.5 10.0 18.0 18.0
450 8.5 10.0 18.0 18.0
500 8.5 10.0 18.0 18.0
550 8.5 11.5 18.5 18.0
600 8.5 13.0 19.0 18.0
650 8.5 14.5 19.5 18.0
700 8.5 16.0 20.0 18.0
900 8.5 N/A 22.0 118.0
NOTES TO TABLE:
-For handicap accessible spaces, please refer to§ 1118A.4 of 1994 Uniform
Building Code.
-For further information, please refer to the Public Works Department Standard
Details.
A
a
a
c
0
D
Table 19.124.040(C): Calculating Shared Parking for Mixed-Use Developments
Weekday Weekend Nighttime
Weekday Weekend Nighttime
Daytime Evening Daytime Evening
Dark Sky Development Regulations
Page 33
(9:00 a.m. - (6:00 p.m. - (9:00 a.m. - (6:00 p.m. - (midnight- i
4:00 .m.) midnight) 4:00 .m.) midnight) 6:00 a.m.)
Residential 75% 100% 80% 100% 100%
Office/Industrial 100% 10% 10% 5% 5%
Retail 60% 90% 100% 70% 5%
Hotel 75% 100% 75% 100% 10%
Restaurant 100% 100% 100% 100% 10%
Entertainment 40% 100% ° °
80% 100% 10%
/Recreational
1. Determine the minimum amount of parking required for each land use as though
it were a separate use;
2. Multiply each amount by the corresponding percentage for each of the five time
periods;
3. Calculate the column total for each time period;
4. The column total with the highest value is the parking space requirement.
i
I
I
i
i
I
I�
Dark Sky Development Regulations
Page 34
CC Ordinance No. 21 -2225 (Dark Sky)
Final Audit Report 2021-04-27
Created: 2021-04-23
By: Cyrah Caburian(cyrahc@cupertino.org)
Status: Signed
Transaction ID: CBJCHBCAABAAOGuTVAxgX6FTU7LG2lJrj_KX81Q_lifc
"CC Ordinance No. 21 -2225 (Dark Sky)" History
Document created by Cyrah Caburian (cyrahc@cupertino.org)
2021-04-23-6:26:25 PM GMT-IP address:64.165.34.3
Document emailed to Araceli Alejandre(aracelia@cupertino.org)for approval
2021-04-23-6:27:55 PM GMT
bo Document approved by Araceli Alejandre (aracelia@cupertino.org)
Approval Date:2021-04-26-5:26:29 PM GMT-Time Source:server-IP address:73.170.27.253
Document emailed to Heather M. Minner(minner@smwlaw.com)for signature
2021-04-26-5:26:31 PM GMT
Email viewed by Heather M. Minner(minner@smwlaw.com)
2021-04-27-5:52:11 PM GMT-IP address: 104.143.198.104
ba Document e-signed by Heather M. Minner(minner@smwlaw.com)
Signature Date:2021-04-27-5:52:46 PM GMT-Time Source:server-IP address:52.39.49.65
® Agreement completed.
2021-04-27-5:52:46 PM GMT
FQIf�YJ ER BY
Adobe Sign
Cup wrw9
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. 21-2225 which
was enacted on April 6, 2021, 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 3 rd day of 14'7
2021.
KIRSTEN SQUARCIA, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California