Ordinance 1237
,~' ORDINANCE NO. 1237
AN ORDINANCE OF THE CITY OF CUPERTINO AMENDING ORDINANCE
s NO. 881 AND ORDINANCE N0. 991 BY ESTABLISHING REGULATIONS
.FOR EXTENSIONS AND ADDITIONS ALONG BUILDING LINES OF
EXISTING STRUCTURES.
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
SECTION_j.: ADDED: Section 8.5 d is hereby added to Ordinance
No. 881 to read as follows:
Sectigr~__8=5L._ d___~x~~r~signs_algOg__~x~st~ng__Bu~1d~OQ__6~0~$%
Additions to principal structures, legally existing at the time
of the adoption of this Ordinance ti.e. structures for which
valid building permits have been issued) may be constructed along
the existing building lines, even when the existing setbacks do
not meet the requirements of this Ordinance, subject to the
following:
1. The extension ar addition does not further encroach
into any required setbacks <e.g. a single-story may
be extended along an existing five t5) ft. side yard
setback even though the other side yard does not
equal ten (10) ft.
2. This provision shall apply to horizontal and
vertical additions. Second story ("vertical")
additions at existing single-story building lines
shall require consent of adjoining property owners.
If any of the adjoining property owners do not
consent to the extension, the applicant may request
a hearing before the Planning Commission. Adjoining
property owners shall be notified at least ten (10)
days prior to said hearing. The Planning Commission
may approve, deny or conditionally approve the
request. The Planning Commission shall make the
following findings if the request is approved:
a. That the use or uses are in conformance with
the General Plan and is not detrimental to
existing uses or to uses specifically
permitted in the zone in which the proposed
.use is to be located.
b. That the property involved is adequate in
size and shape to accommodate the proposed
variation in setback or height.
c. That the proposed use is otherwise not
detrimental to the health, safety, peace,
morals and general welfare of persons
residing or working in the neighborhood of
such proposed use nor injurious to property
and improvements in the neighborhood.
-1-
The applicant or adjoining property owners may appeal the
Planning Commission's decision to the City Council in the
same manner as set forth in the Procedural Ordinance for a
use permit.
S~CTIOf~_~: AMi~NDM~NT: Section 12 of Ordinance No. 991 is hereby
amended to read as follows:
`3lS~~gQ_ 1 ~i__~x__3~3.Og_~~LS~~CS~
Sg~t~ign__1~=1: Extg0gion~_~_a1gOg_ Exi~;ir~q__~y~~~#,pg
~i~n~s: Additions to principal structures, legally existing
at the time of the adoption of this Ordinance <i.e.
structures for which valid building permits have been issued)
may be constructed along the existing building lines, even
when the existing setbacks do not meet the requirements of
this Ordinance, subject to the following:
i. The extension or addition does not further encroach
into any required setbacks (e.g. a single-story may
be extended along an existing five t5) ft. side yard
setback even though the other side yard does not
equal ten t1O) ft.
2. This provision shall apply to horizontal and
vertical additions. Second story ("vertical")
additions at existing single-story building lines
shall require consent of adjoining property owners.
If any of the adjoining property owners do not
consent to the extension, the applicant may request
a hearing bef ore the Planning Commission. Adjoining
property owners shall be notified at least ten t10)
days prior to said hearing. The Planning Commission
may approve, deny or conditionally approve the
request. The Planning Commission shall make the
.following findings if the request is approved:
a. That the use or uses are in conformance with
the General Plan and is not detrimental to
existing uses or to uses specifically
permitted in the zone in which the proposed
use is to be located.
b. That the property involved is adequate in
sizr and shape to accommodate the proposed
variation in setback or height.
c. That the proposed use is otherwise not
detrimental to the health, safety, peace,
morals and general welfare of persons
residing or working in the neighborhood of
such proposed use nor injurious to property
and improvements in the neighborhood.
The applicant or adjoining property owners may appeal the
Planning Commission's decision to the City Council in the
,amP manner as set forth in the Procedural Ordinance for a
S~CTION_3___APPEAL_PROCED~IR~
Any decision made by the Director of Planning and Development may
be appealed to the City Council. Such decision may be appealed
by filing a written notice of appeal with the City Clerk within
five (5) working days after notice of the decision by the
Director of Planning and Development. The City Clerk shall
notify the applicant of the date, time and place for hearing the
appeal. The City Council may affirm, reverse, or modify the
decision of the Director of Planning and Development. The City
Council decision shall be final.
S~~TION 4___PgNAIsT?€S~:
Any person violating the provisions of this Ordinance shall be
subject to the provision of Chapter 1.12 of the Municipal Code of
the City of Cupertino.
SECT~,ON 5___SEVER9HI~ITY C~AUS~:
If any section, subsection, sentence, clause or phrase of this
Ordinance is, for any reason, held to be unconstitutional, such
decision shall not affect the validity of the remaining portions
of this Ordinance. The Legislative body hereby declares that it
would have passed this Ordinance and each section, subsection,
sentence, clause or phrase thereof, irrespective of the fact that
any one or more sections, subsections, sentences, clauses or
phrases be declared unconstitutional.
INTRODUCED at a regular meeting of the City Council of the
City of Cupertino, on the _ ~~s~_~ day of _,~eP,tember _, 1993,
and ENACTED at a regular meeting of the City Council of the City
of Cupertino this ___ 17t~i___ day of Occober __, 1983, by the
following vote:
Vg~g
Mem33!';s_of ~h ~~~Y~SSIOg~.3.
AYES: Gatto, Johnson, Rogers, Sparks, Plungy
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVE7:
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's ,SECTION TABLE PAGE
1 Amendment 1
2 Repealing Clause 1
3 Purpose ~ 1
4 Application 1
5 Definitions 2
6 Permitted Uses 8
7 Dwelling Unit, Density 10
8 General Performance 30
Guidelines
9 Specific Development i!
Standards
10 Building Setbacks, Height 12
Restrictions and Coverage
11 Parking 13
12 Fencing 14
13 Accessory Buildings/ 14
Structures - Setbacks
14 Projections Into Required 15
Yards
15 Existing Structures 16
16 Geologic and Soils Report 17
Procedure
17 Private Roads and Driveways 18
18 Solar Design 19
19 Second Units 19
20 Appeal Procedure 21
21 Penalties 22
22 Severability Clause ~ 22
23 Publishing Clause 22