Reso 5006 36-EA-98
Accessory Buildings/Structures
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 5006
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING AN AMENDMENT TO CHAPTER 19.80 (ACCESSORY STRUCTURE ORDINANCE)
AND CHAPTER 19.84 (SECOND DWELLING UNIT ORDINANCE) OF THE CUPERTINO
MUNICIPAL CODE
The draft ordinance is attached as Exhibit A.
PASSED AND ADOPTED this 25th day of January, 1999 at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Corr, Harris, Kwok, Stevens and Chairperson Doyle
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
S C��� ' � .
Robert S. Cowan David Doyle, hairpe
Director of Community Development Planning Commission
g:/planning/pdrepordres/34ea98acessory structures
E�ibit A
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 19.80 (ACCESSORY STRUCTURE) AND 19.84 (SECOND
DWELLING UNIT) OF THE CUPERTINO NIUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN
AS FOLLOWS:
Chapter 19.80 is hereby amended to read as follows:
Page 588-SOb
Sections:
19.80.141 Applicability of regulations
19.80.020 Accessory uses and facilities.
19.80.030 Site development regulations.
19.80.040 Second-Story Deck Exception
19.80.30 Site development regulations
B. Residential and Agricultural Zones. In residential and agricultural zoning
Districts, accessory buildings and structures may be located in a required interior yard,
subject to the following restrictions:
1. With respect to accessory buildings and structures (including decks and patios)
which are attached to principal dwellings, all site development regulations, including
setbacks, height and lot coverage regulations applicable to principal dwellings in the
applicable zone also govern attached accessory buildings/structures except as otherwise
specified below:
Conditions a. through i. remain as written.
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Page 588-51
ja. Second story decks in RI zoning districts are required to obtain an exception
to this ordinance in order to address privacy protection to adjoining properties except
decks facing non-residential zoning districts and a right-of-way.
Jb. Second story side yard facing decks are required to comply with the privacy
protection measures described in Ordinance 1799(�
�k. The minimum side-yard setbacks for second-story decks and patios are....
ii.f. Walls which are less than S'to a property line may not have windows or if
windows are installed they must be obscured glass or have the sill height above 5'from
the floor. This requirement shall not apply to skylight or windows which face a right-of-
way or a non-residential zoning district.
The remainder of the conditions remain as written.
Page 588-52
19.80.040 Second-Story Deck Exception
All second-story decks are required to obtain an exception in order to protect
the privacy of adjoining properties. The goal of the exception requirement is not to
require complete visual protection but address privacy protection to the greatest extent
while still allowing the construction and use of an outdoor deck.
After a public hearing, the Planning Commission may grant an exception to this
ordinance upon making the following finding:
A. The deck design is such that it decreases privacy intrusion to adjoining
properties to the greatest extent. To decrease privacy intrusion, required
mitigation may include the introduction of walls or landscaping to block the
most sensitive views or having the smallest deck possible.
Chapter 19.84 is hereby amended to read as follows:
Page 588-53
Sections:
19.84.30 Site Development Regulations
Page-2-
2. In the opinion of the Director of Community Development, the
second unit does not result in privacy intrusion to adjoining dwellings; and
3. It is attached to the primary residence.
INTRODUCED:
PASSED:
Vote: Members of the City Council
Ayes:
Noes:
Absent:
Abstain:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
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