Ordinance 002(k)ORD==NANCE N0. 002(k)
AN ORDINANCE OF THE CITY OF CUPE~~TINO ADOPTING THE SANTA CLARA
COUNTY ZONING ORDINANCE NS1200, ;]ECTION ~+7 THEREOF, BEING REGU-
LATIONS FOR MEDIUM DENSITY MULTIPLE DWELLING ZONING ("'R-2~--H")
DISTRICTS, AND DECLARING THE URG~;NGY THEREOF,
THE CITY COUNCIL OF THE CITY OF ('UPERTINO DOES ORDAIN AS FOLLOWS:
SECTION l: Amendment
Section l:l: Section ~+7 of the Santa Clara County Zoning
Ordinance No. NS1200 entitled "rE~gulations for R-24 Medium Density
Multiple Dwelling Zoning District;s" is hereby enacted as an amend-
ment to Ordinance No. 002 of the City of Cupertino with modification
and as follows:
Section 2: Regulations for Medium Density Multiple Dwelli
Zoning R-2 -H Districts.
Section 2: 1: Intent: The 'R-24-H" District is estanlished to
provide for multiple dwelling ty~~es at a controlled medium density at
readily accessible locations which are convenient to community
facilities and where land assem'p].y for medium density residential
development may be appropriately encouraged. "R-24-H" regulations
are most appropriately applied to a parcel of contiguous parcels
improved under a unified development scheme.
Section 2: 2: Architectural and Site Approval Required:
An architectural and site approval shall 'pe secured for the establish-
ment and conduct of any use in "F~-24-H" Districts as provided in
Ordinance No. 002(f) of the City.
Section 2: 3: Uses Permitted.: The following uses are permitted
in R-2 -H Districts:
a. Multiple dwellings in groups or combinations
thereof.
Section 2:~-: Development Standards: The following development
standards shall apply in ''R-2~-I--H" Districts, to be administered
through review and approval of development plans by the architectural
and site approval procedure as specified in Ordinance No. 002(f) of
the City:
a. T'uilding Height: The maximum building height
shall 'ce three (3) stories but not to exceed
thirty-five (35) feet. Structures in excess
of tree (3) stories in height may 'pe approved
su'pject to obtaining of a use permit, applica-
tion for which shall be made as provided in
Ordinance No. 002(a) Revised.
b Lot Area: The minimum building site area shall
7,500 square feet together with an additional
2,x-00 square feet for each dwelling unit in
excess of one. Minimum area for development
shall 'oe five (5) acres.
c, Lot Coverage: Buildings, including accessory
'ouildings but excluding parking areas, shall
not cover a total of more than 30 per cent of
the area of any lot.
d. Front Yard: B~zildings can face private drive-
ways and or parking areas, both of which shall
be built to City of Cupertino parking area Stan=
dards and provide necessary easements for pu'olic
utilities.
e. Side Yards: The distance between a side line
of a lot and the nearest point of any main
ouilding on the same lot adjacent to such side
lot line shall not be less than one-half the
height of such building nor less than ten feet,
f. Rear Yard: The distance oetween a rear line
of a lot and the nearest point of any main
building on the same lot adjacent to such
rear lot line shall oe not less than one-half
the height of such building not less than 20 feet.
g. Distance oetween Main Buildings: No main
ouilding shall 'pe closer to any other main
ouilding on the same lot than one-half the
sum of the heights of the two 'puildings nor
closer than 20 feet.
h. Location of Detached Accessory Buildings:
A detached accessory ouilding no more than
16 feet in height may oe located on any
portion of a lot but not closer than ten feet to
any main ouilding on the same lot.
i. Parking: For each dwelling unit, there shall
'pe at least one permanently maintained covered
automobile parking space on the same lot at
least ten feet wide and 20 feet deep perpendi-
cular to and along the axis of a parked auto-
mo'pile and with adequate space for ingress and
egress. At least one-half (1~2) parking space
shall be provided in addition for each dwelling
unit. Driveways to parking spaces shall be
at least ten feet wide.
Section 2:5: Modification of development standards:
Where lots and attendant facilities are improved as a unit or
as contiguous units, the Planning Commission shall have author-
ity to modify the development standards prescribed for side
yards, rear yards, or distances oetween main buildings when such
action will promote excellence of development consistent with
the intent of "R-24-H" Districts All modifications shall be
reviewed and approved by the City Council.
SECTION 3: Urgency Clause
Section 3: 1: The Council finds that these particular
provisions are in the 'pest interests of the City and require
immediate interim passage for the reason that there are several
parcels within the City requiring the esta'plishment of fair and
reasona'ole standards for planned community development on re-
latively large parcels of land.
The Council further finds that the permanent zoning
ordinance of the City as an integral part of the general plan
will not be enacted fora period of at least one year; that the
Resolution of March 12, 1962 of the Planning Commission of the
City has clearly pointed out the immediate necessity of planned
development on two (2) or more parcels of substantial size
within the City; that noticed hearings have been held on these
parcels and their desirability for "R-24-H'' zoning, the need for
which is immediate and urgent.
SECTION 4: Amending Clause
Section 4:1: All ordinances heretofore enacted in con-
flict with this ordinance are hereby repealed to the extent
that they would vary the provision of this ordinance.
SECTION 5: Severability Clause
Section 5:1: If any section, subsection, sentence, clause or
phrase of this ordinance is for any reason held to be unconstitu-
tional, such decision shall not effect the validity of the remaining
portions of this ordinance. The legislative body hereby declares
that it would have enacted this ordinance and each section, sub-
se~tion, sentence, clause or phrase thereof, irrespective of the fact
that any one or more sections, subsections, sentences, clauses or
phrases be declared unconstitutional.
SECTION 6: Pu'olishing Clause
Section 6:1: The City Clerk is hereby authorized and directed
to cause a certified copy of this ordinance to be published at least
once within fifteen (15) days after its enactment in the Cupertino
Courier, the official newspaper of the City, published and circu-
lated within the City.
INTRODUCED AND ENACTED at a regular meeting of the City Council
of the City of Cupertino, this 23rd day of May, 1962, by the following
votes:
AYES: Councilmen: Dempster, Finch, Jewett, Saich, Benetti
NOES: Councilmen: None
ABSENT: Councilmen: None
APPROVED:
/s/ John Benetti
Mayor
ATTEST:
/s~ Lawrence K. Martin
City Clerk
I here'oy certify that this is an
exact copy of original ordinance
on file in the office of the City
Clerk of the City of Cupertino,
_~s/ Lawrence K. Martin
City Clerk