Chapter 19.96 — PRIVATE RECREATION (FP) ZONE 

The purpose of creating a private recreation (FP) zone is to facilitate zoning under use permit controls which promote privately sponsored business enterprise for the cultural and recreational needs of the community which are distinct from, and yet serve as an enhancement to the organized activity and passive open space uses traditionally provided by the public sector on City or regional parklands.

The FP zoning district is intended to encourage a diverse range of recreational development by private interests. At the same time, the use intensity of any site in the FP zone is determined by application of performance standards which ensure a compatible fit with the site's geographic and environmental setting.

(Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992)

No building, structure, or land shall be used, and no building or structure shall be erected, structurally altered or enlarged in a private recreation zone, otherwise than in conformance with the provisions of this chapter. Compliance with this chapter does not relieve the owner or developer of property intended to be included in an FP zone from complying with all other applicable City ordinance or conforming with the provisions of the City's General Plan.

(Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992)

The ordinance rezoning each property or parcel to the private recreation (FP) zone classification shall include one of the suffixes in the table below, indicating the primary use intent for the site. Uses authorized for any site are interchangeable between indoor and

outdoor activity, and may include activities listed under both subdivision "i" and subdivision "o" of Section 19.96.040, notwithstanding the suffix designation.

• (Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992)

Permitted, Conditional and Excluded Uses that may be conducted from property zoned Private Recreation (FP) are identified in Section 19.84.020.

• (Ord. 2085, § 2 (part), 2011)

The subsidiary uses identified in Section 19.84.020(R) may be permitted with a conditional use permit issued by the Planning Commission when such uses are intended:

To serve primarily the convenience of persons drawn to the site to engage in the activities authorized thereon as the principal use;

To operate in conjunction with, and be subsidiary to, any of the principal uses described in Section 19.84.020.

• (Ord. 2085, § 2 (part), 2011)

At the inception of a rezoning to the FP classification, such rezoning shall be accompanied by a simultaneous request for use permit approval, in accord with the requirements of Chapter 19.12.

(Ord. 2085, § 2 (part), 2011)

A development plan shall be approved in conjunction with each request for rezoning to the FP district, or with each separate use permit application subsequent to such rezoning. The development plan shall, in addition to information required by Chapter 19.12, include, but shall not be limited to the following content:

Definition of uses within the buildings, a use distribution table setting forth the property size, and the amount of land devoted to the principal recreation use or uses and support activities;

Depiction of surrounding uses at least one hundred feet in each direction from the perimeter of the project; existing and proposed private and public streets which provide ingress and egress to the site; the location of driveway aprons and pedestrian paths;

A drawing describing the areas to be landscaped within the development, including areas adjacent to streets. The functional aspects of landscaping design shall be described, including but not limited to how landscaping is used to screen parked vehicles, to enhance the enjoyment of activity areas or separate activity areas from adjoining uses, and provide an aesthetically pleasing design element;

A description of the phasing of construction for the development, including a tentative time schedule and plan describing the extent of building square footage and land area involved with each phase of the development.

(Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992)

General. Individual use permit requests for development of facilities in the FP zone shall be subject to application of performance standards. The performance standards and potential mitigation strategies listed in Section 19.96.080C shall:

Serve as guidelines applied by the Planning Commission and City Council in a manner which best accomplishes the intent of the FP zone;

Ensure adequate mitigation of potentially detrimental impacts associated with a specific use in a specific location. Priority of Recreational Development. The City Council may approve a private recreational use which is found to be inconsistent with any minimum performance standard stated in this chapter upon finding that:

There is an offsetting factor of need for that use;

The use is of interest to residents of Cupertino over uses which draw from a regional area.

Impact Mitigation Standards. The following chart shall be used to determine the level of performance appropriate to each category in which one or more significant impacts may occur to adjoining property and/or to the community at large as a result of any new or expanded use in the FP zone. The City may impose specific mitigation strategies as conditions of use permit approval to ensure compliance with the general performance standards, except as noted in Section 19.96.080B above:

Performance Standards

(Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992)