Ordinance No. 07-2011ORDINANCE NO. 07-2t! I I
AN ORDINANCE OF THE CUPERTINO CITY COUNCIL AMENDING
CHAPTER 19.28A~0 OF THE MUNICIPAL CODE, SINGLE FAMILY
RESIDENTIAL ZONES (R-1), REGARDING R1-20 ZONED PROPERTIES
GENERALLY LOCATED SOUTH OF THE LINDA VISTA DRIVE, SOUTH AND
VV'EST OF THE SANTA TERESA AND TERRACE DRIVE, WEST OF TERRA
BELLA DRIVE AND NORTH OF LINDY LANE.
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS
FOLLOVV S-
Chapter 19.28.050 of the Municipal Code of Cupertino is hereby amended to read as
follows:
C. Development on Properties with Hillside Characteristics.
Buildings proposed on properties generally located south of Linda Vista Drive,
south and west of Santa Teresa and Terrace Drive, west of Ten-a Bella Drive and
north of Lindy Lane (see map below) zoned R1-20 that have an average slope
equal to or _areater than fifteen percent shall be developed in accordance with the
following site development standards:
Ordinance No. 07-2011
2
a. Site Grading.
1. All site grading shall be limited to a cumulative total of two thousand
five hundred cubic yards, cut plus fill. The two thousand five hundred
cubic yards includes grading for building pad, yard areas, driveway and
all other areas requiring grading, but does not include basements. The
graded area shall be limited to the building pad area to the greatest
extent possible. Grading quantities for multiple driveways shall be
divided equally among the participating lots, e.g., two lots sharing a
driveway will divide the driveway grading quantity in half. The
divided share will be charged against the grading quantity allowed for
that lot development. A maximum of two thousand square feet of flat
yard area, excluding driveways, may be graded.
11. All cut and fill areas shall be rounded to follow the natural contours
and planted with landscaping which meets the requirements in Section
19.40.0500.
Hi. A licensed landscape architect shall review grading plans and, in
consultation with the applicant and the City Engineer, shall submit a
plan to prevent soil erosion and to screen out and fill slopes.
iv. If the flat yard area (excluding driveways) exceeds 2,000 square feet or
the cut plus fill of the site exceeds 2,500 cubic yards, the applicant
shall be required to obtain a Site and Architectural approval from the
Planning Commission. .
b. Floor Area.
1. The maximum floor area ratio shall be forty-five percent of the net lot
area for development proposed on the existing flat pad portion, defined
as pad areas equal to or less than 10% slope, of any lot.
Formula: A = 0.45 B: where A = maximum allowable house size
and B = net lot area.
ii. Buildings or additions located off of the flat pad exceeding slopes of
10% and producing floor area exceeding 4,500 square feet of total
house size, require approval from the Planning Commission in
accordance with Chapter 19.134 of the Cupertino Municipal Code.
Hi. Additions within an existing building envelope are permitted provided
that the total FAR of the existing building and addition does not
exceed 45%.
Ordinance No. 07-2011
3
c. Second Floor Area and Balcony
The second floor and balcony review process shall be consistent with the
requirements from the Residential Hillside Zoning District (Chapter
19.40). The amount of second floor area is not limited provided the total
floor area does not exceed the allowed floor area ratio.
d. Retaining Wall Screening.
RetaininR walls in excess of five feet shall be screened with landscape
materials or faced with decorative materials such as split-faced block,
river rock or similar materials subject to the approval of the Director of
Community Development.
e. Fencing.
i. Solid board fencing shall be limited to a five thousand square foot site
area (excluding the principal building).
11. Open fencing (composed of materials which result in a minimum of
seventy-five percent visual transparency) shall be unrestricted except
that such fencing over three feet in height may not be constructed
within the front yard setback. (Ord. 1634, (part), 1993)
f. Tree Protection.
Up to two protected trees with a diameter less than 18 inches may be
removed to accommodate a building pad subject to approval of the Director
of Community Development. Removal of protected trees exceeding 18
inches or removal of more than two protected trees requires approval of a
tree removal permit by the Planning Commission in accordance with the
Tree Ordinance.
1. No structure or improvements shall occur on slopes of thirty percent or greater
unless an exception is granted in accordance with Section 19.40.140, unless no
more than five hundred square feet of development, including grading and
structures, occurs on an area with a slope ofthirty percent or greater. (Ord. 1886,
(part), 2001; Ord. 1868, (part), 2001; Ord. 1860, ~ 1 (part), 2000; Ord. 1834,
(part), 1999; Ord. 1635, ~ 1 (part), 1993; Ord. 1601, Exh. A (part), 192)
D. An application for building permits filed and accepted by the Community
Development Department (fees paid and permit number issued) on or before the
effective date of Ordinance may proceed with application processing under the
ordinances in effect at that time.
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Publication Clause
The City Clerk shall cause this ordinance to be published at least once in a
newspaper of general circulation, published and circulated in the City within 15 days
after its adoption, in accordance with Government Code Section 36933, and shall certify
to the adoption of this ordinance and shall cause this ordinance and her certification,
together with proof of publication, to be entered in the Book of Ordinances of the Council
of this City.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino
the 18th day of September 2007 and ENACTED at a regular meeting of the City Council
of the City of Cupertino the 2nd day of October 2007, by the following vote:
Vote:
Members of the City Council
Ayes:
Noes:
Absent:
Abstain:
Wang, Sandoval, Lowenthal, Mahoney
None
None
None
ATTEST:
APPROVED:
~0~.:lJ..
CIty Clerk