Ordinance 1238RHS ORDINANCE
•
' ORDINANCE NO. 128
~' AN ORDINANCE DF THE CITY OF CUPERTINO REPEALING CERTAIN
ORDINANCES OUTLINED IN SECTION 2 AND ESTAELISHING AN
ORDINANCE REGULATING RESIDENTIAL HILLSIDE DEVELOPMENT
(RH5 ZONES)
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN A5 FOLLOWS:
SECTION_,~___AMENDMENT
Ordinance 220 of the City of Cupertino, California, is hereby amended
by adding this Ordinance No. 1238.
SECTION 2___REeEALING_C~LAIJS~~
SectiQn__2_1: All ordinances heretofore enacted in conflict with
this Ordinance No. 1238 are hereby repealed to the extent that they
vary from the provisions of this Drdinance.
5ectiQn__2=~: Ordinance 881 is hereby repealed as of the
effective date of this Ordinance No. 1238.
SECTIOIV____ PURPQSF
The purpose of this Ordinance is to regulate development commensurate
with community goals to preserve the natural setting of the
hillsides. The Ordinance utilizes performance standards and specific
regulations to ensure that the utilization of land for urban uses is
kept in balance with the need to conserve natural-resources and
protect life and property from natural hazards.
SECTION 4i_ APPLICATION
No building, or structure or land shall be used, and no building or
structure shall be hereafter erected, structurally altered or
enlarged in a residential hillside (RHS) zoned area, otherwise than
in conformance with provisions of this ordinance. Uses, buildings
and structures lawfully in existence at the time this Ordinance No.
1238 takes effect may remain provided no alterations take place
except on those legal non-conforming structures or parcels of land as
permitted by the City's Ordinance regulating non-conforming uses or
its successor.
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SECTIOtJ_5___DEFIN~ ONS ,
Section 5.1: Animal (adult): Any animal four (4> months of age
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or older.
Section_5 2: Animal _(~aCge): Any equine, bovine, sheep, goat or
swine or similar domestic or wild animal as determined by the
Planning Commission.
Sec~ioD_5_3:_ Arct~~tec~grel_ Fgaturgg: Any part or appurtenance
of a building ar structure which is not an integral portion of the
living area of said building or structure. Examples include:
cornices, canopies, eaves, awnings, fireplaces or projecting window
elements. Patio covers or any projection of the floor area shall not
constitute an architectural projection.
Section _5_4: Rv_ergge Pergen~ _ot_ S~og~: The ratio between
vertical and horizontal distance expressed in percent: the
mathematical expression is based upon the formula described below:
5z = I X _X_100
A
S Average slope of ground in percent
I a Contour interval in feet
L Combined length in feet of all contours on parcel
A s Area of parcel in square feet
5gc~ion 5_S~Bui~d~ng: Any structure.
Sgction__5L6____Huildingl Accessory: Any building or structure
serving a use subordinate or incidental to the use of the main
building on a lot. Examples: Detached garage, permanent covered
playpen, tool shed, decks, greenhouse, arcade, breezeway, covered
walkway or patio cover. Fences, eight (8) ft. or less in height, are
not accessory structures.
S_e_c_tio_n__ 5_~_____ 8uildir~g(s)i_ At~~cF~gd: Buildings which are
physically connected 6y any structural members or wall, excluding
decks, patios or fences.
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~' S_e_c_tio_n____5.8_:____Buildings__Detached: Buildings which are not
physically connected 6y any structural members or walls, excluding
decks, patios, or fences.
S_e_c_t_io_n__5_9_________Day__Care_ Homes1_ Family: A family home
non-institutional in character, which provides day care only, with or
without compensation, for not more than six <b) children under
sixteen (16) years of age, including the foster family's children
under sixteen (16) years of age.
S_e_c_tio_n__ _ ~ 10: Day__C1.are__~-lomesi__SzegQ~~~,: A family home
_ n_ _
non-institutional in character, which provides day care only, with ar
without compensation, f or seven (7) to twelve (12) children inclusi~•e
under sixteen (16) years of age, including the children of the foster
family under sixteen (16) years of age.
Section_S_11___DwelliOg_ Unit1__Princie~l: A building space used
e::clusively for residential occupancy by one family, with facilities
for living and the cooking andlor preparation of food.
Segtion 5=12__ Dwelling_~Ir~i~t~Siegond: A dwelling unit which is
in addition to the principal or initial dwelling unit located on a
single lot or parcel.
Section S_13__ Fami~. Single: One or more persons related to
each other by 61ood, marriage, legal adoption, or foster parenthood,
or no more than four (4) unrelated persons, living together as a
single housekeeping unit with a single kitchen, together with
necessary domestic employees, if any. For purposes of this
definition, a single-family may also include any combination of
related and unrelated persons, but, in no case, shall the total
number of unrelated persons, excluding necessary domestic employees,
exceed four.
Sectign 5_14: Garage: A completely enclosed building or part of
a building intended and designed to accommodate motor vehicles.
Sec~~on_ S_1~__~ Groug__Care_ AQ~iv_~t~P,aSi: A residential care
facility providing continuous care for six (b) or fewer persons on a
twenty-four (24) hour basis which requires licensing by a govermental
agency.
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Section _5_16! _Height_of_Euilding: Th~ertical distance from
the .highest part of the roof to the lowest finished grade adjacent to
.~,a building exclusive of radio or television aerials, fireplaces, and
other minor appurtenances.
Bujld:s8/Site C:oas Sac~.an
tiaislud grade
.ad grade
Section_5_17_ Ho~~ehold_P~ts: Small animals commonly found in
single-family residential areas such as chickens, ducks, geese,
rabbits, dogs, cats, etc. but excluding animals such as any bovine or
equine animal, or any sheep, goat or swine, or any wild or dangerous
animal.
Section 5_18: Household Psi Small: Smnll animals in contained
habitats generally located in the principal building or accessory
buildings of residential lots, such as hamsters, fish, birds, etc.
but excluding all animals defined as "household pets".
Sec~~iQn_5_19: Lott Corner: A lot abutting upon two or more
streets at their intersections, or upon two parts of the same street,
such streets or parts of the same street forming an interior angle of
less than one hundred thirty five (135> degrees within the lot lines.
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5e_c_tio_n__5_:2_U_:____Lot1__Flag: An interior lot with a lot width of
'` less than 4U ft. measured 2U ft. b~z.ck of the front lot line, on which
the buildable area ^f the lot is located to the rear of a lot(s)
which abuts the same public or private street.
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S_e_c_tiQn_ 5_21___Lot_Flagi_Front SetbaS~C_Ar~a: That area extending
across the full extent of the buildable portion of a flag lot
measured from the property line which is parallel to and nearest the
street line and at which point the lot width equals a minimum of
sixty (60) ft. The Planning Commission shall have the discretion to
modify the provisions of this definition when it improves the design
relationship of the proposed building(s) to adjacent buildings or
parcels.
Sec~ion_5_2~__Lo~,i IntgCi~or: Any lot other than a corner lot.
Segtion_5=2~_~ot_Key: The first lot to the rear of a corner lot,
the front lot line of which is a continuation of the side line of the
corner lot, whether or not separated by an alley.
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SeQtion__5_24___ Lot_W_idt_h: The lot width is measured by a line
,,.corresponding to the 2ength^ of the lineal, or radial tin the case of
a curved front lot line) front setback line.
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5eg,~},gn_5i_25___Set~ack_Area1~Frgnt~Yar~: That arse extending
across the full extent of a lot, bordered by a public or private
street and a setback line parallel thereto at a rJistance established
by this Ordinance. The Planning Commission shall have the discretion
to modify the provisions of this definition when it can be found that
the proposed modifications will improve the design relationship of
the proposed buildings(s) to adjacent buildings or parcels.
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SectiQt~5_~6___Setback Area,,~Rear_ Yard: That area extending
across the full extent of a lot bounded by the lot linets) which is/
are opposite (i.e. in a contrary direction) the front yard Brea, and
the rear yard setback line of the main building.
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Se_ct_io_n___5_27• _Setback ___Are~l__Regu' d: The open space,
unoccupied and obstructed from the g~ind upward, except as
otherwise provided in this Ordinance.
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Se_c_t_ion 5.28___Setbacj.~_Areai_Side Yard: That area between the
front and rear building setback lines and between the connecting
property lines and a parallel line thereto at a distance as
prescribed in this Ordinance.
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Sggtio0_x_29___5}te_Dev_eloement_Plan: A plan or plans exhibiting
the following information:
- Plot plan.
- Grading plan describing existing and proposed topography.
- Location of each proposed structure.
- Location of existing natural vegetation that will be affected
by constrcution activities.
- Erosion control plan prepared by a Registered Landscape
Architect - describing erosion control measures for all cut
and fill slopes.
- Fencing plan - describes all solid board fencing.
- Tree planting plan.
SeEtioO_ 5 3Q__ Story: The space between a floor and the ceiling
above it, used for residential purposes, garages, or as a working
space. The number of stories of a building shall be considered equal
to the highest number of stories in any vertical section of the
building.
Section_5_31__ Strgcture: That which is built or constructed, an
edifice or building of any kind, or any piece of work artificially
built up or composed of parts joined together in some definite
manner.
Segt•iQn~~_32__ Strugtur~i Regreatio0al: Any accessory building
or portion thereof, which functions for play, relaxation, or a>:ercise
(e.g. pool slides, play houses, tree houses, gazebos, decks, patios,
hot tubs, pools).
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Section 5_33:~degetation: The word "~tation", as used in the
Ordinance shall mean plants, shrubs, gr ses, trees, and roots
thereof.
SECTION b__ PERMITTED_~SE5 -
Seg~ign_b_1: The following uses shall be permitted in an RHS
zone without the requirement of a use permit:
a. Single-family dwelling units with ,not more than one (1>
dwelling per lot.
b. A second dwelling unit which conforms to the procedures,
standards and requirements described in Section 19.
c. Home. Occupations pursuant to the Home Occupation Ordinance
of the City of Cupertino.
d. Accessory buildings.
e. Family day care homes.
f. Group care activities.
g. Crop, tree or horticultural farming.
h. Sale of products grown or produced on the property, such as
but not limited to agricultural products, honey, milk, eggs,
etc., to the extent this use does not become the primary
income producing activity of the household.
i. Keeping of animals as follows:
1. Household pets limited to one animal per 5,000 sq. ft.
of lot area, provided that adult dogs are limited to a
maximum of two (2).
2. Small household pets.
3. large animals limited as follows:
One animal for first 40,000 sq. ft. of land erect,
except mules and donkeys which shall require
80,000 sq. ft. far the first animal.
- One additional animal for each additional 20,000
sq. ft. of land area.
Permits for large animals must be obtained from
the Director of Planning and Development.
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4. The• quired lot area for a lar~je animal shall not be
included in the required lot area for a household pet
V or vice-versa, except that up to two (2) household pets
may be kept with large animal(s) if the lot area equals
the minimum area for the large animimals(s).
5. Animals must be kept in accordance with other
applicable Cupertino and Santa Clara County codes and
ordinances.
6. Animals may not be raised for commercial purposes.
7. The keeping of all animals existing in the City at the
time of enactment of this Ordinance or upon annexation
into the City, and not conforming with the numerical
limitations or setback requirements contained in this
Ordinance, and which were legal prior to adoption of
this Ordinance, shall be declared to be of a legal
non-conforming status as long as the County Health
Officer deems that said animals do not create a health
hazard. If a legal non-conforming use as defined
herein ceases for a continuous period of at least sir,
(6) months, the legal non-conforming status shall be
revoked.
Section 6.2: ~Conditional_ Uses ____Use_ Permit_Reggired: The
following uses may be permitted, subject to the securing of a
conditional Use Permit in each separate case, in locations where
they, in the opinion of the Planning Commission, are compatible with
existing and planned uses in the neighborhood:
a. Special day care homes.
b. Group care activities with greater than six (b) persons.
c. The keeping of any animal not otherwise permitted in the
above section, subject to Santa Clara County Health
Department regulations and setback requirements as set forth
in the Cupertino Municipal Code.
d. Home Occupations which do not meet a literal interpretation
of the standards of the Home Occupation Ordinance but which
in the opinion of the Planning Commission meet the intent of
the Ordinance.
e. Buildings. or structures which incorporate solar design
features that require variation from setbacks established
herein, as described in Section 18.
f. Limited commercial recreation uses--riding clubs and related
stables and trails, golf courses, swimming and picnic
grounds.
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g. Other ~ses, which, in the ~inion of the Planning
Commis=ion, are consistent with the character of a Hillside
Residential Zone and are of the same general character as
the uses listed in the above Sections 6.1 and 6.2 of this
Ordinance No. 1238. A property owner or resident may
request that a questionable activity be interpreted by the
Planning Commission as a New business item on the Planning
Commission agenda.
SECTION_7_~ DWELLING UNIT_Q~NSITY
Seg~ion_71~: The residential density for development within a
Residential Hillside Zone shall be determined by the General Plan.
Section 7 2: Upon recordation of subdivision map or parcel map
in a Hillside Residential Zone, slope-density credit derived from
application of a slope-density formula to a lot or group of lots
cannot be transferred to property outside of the subdivision or
parcel map boundary. A covenant running with the land in favor of
the City, as approved by the City Attorney, shall be recorded to
ensure compliance with the regulation prohibiting transfer of
slope-density dwelling unit credit.
Section 7_~: A property owner or owners owning land within a
Hillside Residential Zone may adjust property lines among contiguous
legal parcels, subject to City approval in accordance with the
Subdivision Map Act and local subdivision ordinance.
SECTION 8:__GENERAL PERFORMANCE 6UID~~I1~~
Section B_1: The following guidelines are a compilation of
policies stated in the adopted General Plan. They are intended to be
guidelines for the preparation of plans for construction in Hillside
Residential areas.
a. Site Grading and Tree Planting
1. Site grading shall be minimized.
2. A registered Landscape Architect shall review
grading plans end, in consort with the project and
City Engineer, shall submit a plan to prevent soil
erosion and visually screen cut and fill slopes.
Additionally, the Landscape Architect shall prepare
a tree planting plan for the site. The intent of
the landscaping plan is to visually screen grading
scars, to reintroduce trees on barren slopes which
were denuded by early agricultural practices, and
to partially screen residential structures.
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3. The landscaping improvements shall be installed prior
to ~cupancy. If installa~n prior to occupancy is
not essible, the applicant s 1 have ttie option to
post a bond, cash deposit or other security to ensure
installation within an eighteen (18) month period from
date of occupany. All landscape areas shall be
properly maintained.
b. Ridgetops
Structures shall not substantially disrupt the natural
silhouette of prominent ridges as viewed from the
valley floor.
c. Trees
Structures shall be sited in a manner which retains
significant native trees (diameter greater than 12
inches measured 4 ft. above natural grade) per the tree
ordinance.
d. Views and Privacy
It is not the responsibility of City Government to
ensure the privacy protection of the building permit
applicant or owners of surrounding properties that may
be affected by the structure under consideration.
However, the Director of Planning and Development may
confer with the building permit applicant to discuss
alternate means of preventing privacy intrusion and
preserving views. '
The building permit applicant or a subsequent lot owner may appeal
the Director of Planning and Development`s decision regarding the
above design standards as provided in Section 20 of this Ordinance.
SECTION 9___SPECIFIC_DEVELOP~I~NT_STANQARQS
Section__9_1___Lot_Arga: The minimum lot area for a specific
property shall correspond to the smaller lot size permitted by the
density provisions of the Land Use Element of the General Plan. The
minimum net lot area in a 0-5 General Plan density range shall be
7,500 sq. ft. In the case of a property designated in the General
Plan for a slope-density review, the minimum lot size shall be
equivalent to the average lot area computation f or a O% slope
gradient. The 0% slope gradients for the slope-density formulas is
contained within Appendix A of this Ordinance No. 1238. In the case
of the slope-density computations, the average lot area reflects the
gross lot area. Accordingly, the minimum lot area measurement may
include the street area bounded by the street centerline, the street
right-of-way line and the extended side yard to the street
centerline.
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Section_9_2__~t_Width=Minimum
a). Seventy t70> ft. measured at the front
building setback line.
b). No minimum lot width for lots served by a private driveway
and which do not adjoin a public street.
SECTION_10__ Buildir~g_Sg~bgQl~gL Hgigh~_~es~rir~tiQr~g_aQ~ C_o_vg~ggg
5ectio0_10_1__ Buil~ing_C~ov_g~gge__ Mgx~al~m
Thirty percent (30X) of the lot area.
Sect~gp_10_~__ Fron~,_Yard_Se~bag~ :~~(?~tn~t2
a. Twenty t20) ft.
b. Ten t10) ft. if the elevation (grade) exceeds 20% within the
first 20 ft. from the street elevation to the setback
elevation. The garage must be designed to enable vehicles
to park off-street.
Sg~tior~_io_~~_Sidg_Ya~~ sg~baQl~~~l'~~m~m
a. Ten f10) ft.
b. Five (5) ft. shall be added for each story above the
first story of the building.
c. Fifteen t15) ft. shall be provided on the street side
of a corner lot.
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Sgction_10_4_1__ Single_-Story Eleme~t~
- Twenty (20) ft.
SgQtZon 10_4 2__ Two_Story_S~,gn~gQ~
- Twenty-five t25) ft.
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Section_10_S~Height_of_BuildiDgs_and_~ucstures
Section 10.5.1
a. Height shall not exceed thirty-five (35> ft. The
number of stories is not regulated.
b. Structure located on a ridge top (defined as an
elongated crest of a hill) shall not exceed twenty (20>
feet above the ridge top located in closest proximity
to the structure.
c. Detached accessory buildings shall be limited to
single-story and shall not exceed a height of seven t7)
ft. beginning at a three t3) ft. setback from property
line. The height may be increased by one tl) ft. for
each additional 1 1/2 ft. of setback (corresponding to
a thirty-three t33) degree angle), up to a maximum
height of fifteen t15) ft.
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d. Fireplace chimney, antennas or other appurtenances are
excluded from the 35 ft. height. restriction.
S€~TION_i l~ PARI~INt3
Sec~iot~_~1=1__ Pari~ing 5gage RegLtirgment~:
a. Two t2) enclosed garage or covered. carport parking
spaces, plus two t2) driveway spaces per unit.
b. Lots fronting on public or private streets without
on-street parking shall provide four. t4) functionally
independent off-street spaces in addition to required
covered spaces.
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Section 11_2 _Size_of Garage: Enclos• garages shall provide
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unobstructed space (i.e. unobstructed by walls, potential appliance
locations, etc.) over an internal area of IB ft. x 18 ft.
SECTIQN_12___F~NCING
a. Solid board
- No limitation on lots less than 30,000 sq. ft. net lot
area.
- Limited to a~,,000 sq. ft. area <excluding the main
buildsng for lots exceeding 30,000 sq. ft. net lot
area>.
b. Location of open fencing (i. e. comprised of materials which
result in a minimum of 75% visual transparency) is
unrestricted except in the front yard area.
c. Fencing over 3 feet in height may not be constructed within
the front setback area.
d. Height of fencing is regulated by the Fence Ordinance.
SECT I ON_ 13=~ACCESSORY_BUILDINGS/STRUCTURFs~ir___~i.,ET~A~lCS
Section 13_1 ~_Detached_Acce~gory_Buildings
a. Five (5> ft. minimum setback (measured between eaves) from
main structure. Small portable storage buildings, less than
sir. (b) ft. in height, which are not attached to a building,
permanent foundation or pad, may locate closer than five (5)
ft.
b. Minimum three (3) ft. from any property line.
c. Height is regulated by above Section 10.5.1c.
d. Recreational structures, with a floor or step height greater
than eighteen (18) inches above any point of adjoining
finished grade, must set back ten (30) ft. from any property
line.
e. Front setback must equal twenty (20) ft.
f. Lot coverage shall not exceed 30% of the usable rear yard
area.
g. Street side yard setback must equal a minimum of 15 ft.
Twenty (20) feet is required if the property is a corner lot
adjacent to a key lot.
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'' Section_13_2t__Attached_Accessory_Bui~,dings
a. Observe setbacks, height and coverage regulations applicable
to the main building.
b. Patio covers may extend as close as ten (10> ft. to the rear
property line.
c. Small portable storage buildings, less than six (b> ft. in
height, which are not attached to a building, permanent
foundation or pad. provided that no portion of said building
encroaches closer than three t3) ft. to any property line.
d. Recreational structures with a floor or step height greater
than eighteen t18) inches above any paint of adjoining
finished grade must set back ten t10> ft. from any property
line.
Se_tion 1~L3___Decks and_Patios_ Setbacks
Sec~io0_13.3.1___First_Story
a. If floor or step height is greater than eighteen t18>
inches measured from any point of adjoining finished
grade, then minimum setback from any property line must
equal Zen (10) f t..
b. If floor or step height is less than eightteen t1B)
inches, measured from any point of adjoining finished
grade, then minimum setback from any property line must
equal three (3> ft.
c. Front setback must equal twenty (20) ft.
5gg~90_13_~_2___Decks Proiecting_from_T-ro Story_~lemer~t
a. Minimum fifteen t15) ft. setback to side property line.
b. Minimum twenty (20) ft. setback to rear property line.
c. May encroach three (3) ft. into front setback.
SECTION_14__ PROJECTIDNS_INTO R~~UIREQ_YARDS
Architectural features tnot including patio covers) may extend into a
required yard a distance not exceeding three (3) ft.
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•~_SECTION_15___EXISTIN~_STRUCTURES
Sectign_1~_1___~xten~~o0_Along_Ex~sting_Building_I~~r~esi
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:
1. The extension or addition does not further encroach into any
required setbacks (e.g. a single-story may be extended along
an existing five (5) ft. side yard setback even though the
other side yard does not equal ten (101 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 (30> 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
C,eneral 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 and 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
same manner as set forth in the Procedural Ordinance for a
use permit.
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Section 15.2:_____Minor Variations__in__Setbacks and Height:
---------------- ------------ -----------------
'~ Additions to principal structures ti.e. not detached accessory
buildings), legally existing at the time of adoption of this
Ordinance, may vary slightly from the setback and height provisions
contained herein subject to the following criteria:
1. The building does not encroach more than two t2) ft. into
any required setback area or two (2) ft. above the height
limit, and
2. .The area of the building which encroaches into the required
setback toes not exceed five percent (5%) of the gross
building area before the addition, and
3. Adjoining property owners provide written consent to the
setback or height variation.
If the above criteria are met, the variation may be approved by the
Director of Planning and Development. If consent of the property
owners is not attained, 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 adwquate in size and shape to
accommodate the proposed variation in setback or height.
c. That the proposed use is otherwise nat 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 same manner as set
forth in the Procedural Ordinance for a use permit.
SECTION_162__~CEOLQQIC_AND_SOILS_~EPQRT_PROCEDURE
a. Geologic review required if located in a geologic hazard
area per the General Plan.
b. The City Engineer shall determine the extent of geologic
investigation.
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c. Any required geologic review shall be prepared by a
registered engineering geologist certified by the State of
California.
d. Soils reports must be prepared by a registered civil
engineer qualified in soils mechanics by the State of
Calif ornia.
e. A preliminary soils and geologic investigation end report
shall be filed in conjunction with the site development plan
required by this Ordinance.
f. The preliminary soils and geologic report shall contain the
following information:
1. All pertinent data, interpretations and evaluations
based on the most current profcssionally recognized
soils and geologic data ii. e. California State
Mines and Geology, USGS, etc.);
2. The significance of the interpretations and
evaluations with respect to the actual development
or implementation of the intended land use through
the identification of any significant geologic
problems, critically expansive soils or other
unstable soil condition which if not correct may
lead to structural damage or aggravation of future
geologic problems both on and off the sites
3. Recommendations for corrective measures deemed
necessary to prevent or signiffcantly mitigate
potential damage to the proposed project and
adjacent properties or to otherwise ensure safe
development of the property; and
4. Recommendation f or additional investigation that
should be made to ensure safe development of the
property.
SECTION 17: PRIVATE ROADS AND DRIVEWAYS
S~ction_17_1: P~v_ement Widtf~_ a0~ Design: The pavement width and
design section for a private road (common driveway serving two to
five lots) and single lot driveway shall comply with development
standards contained in the Hillside Subdivision Ordinance.
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..
II -~ S_e_c_tio_n___17_.2_:____Recierocai__Ingress/Egress: An applicant for
-building permit owning a lot served by a private road shall record an
appropriate deed restriction and covenant running with the land
guaranteeing reciprocal ingress/egress easements to adjoining
property owners who utilize said private road for the primary access
to these parcel ts).
Section_17 3_~ RgQigro5al_M~iin~enarlQe_Agrg~mgrd~: The applicant
for a building permit owning a lot served by a private road shall
record an appropriate deed restriction and covenant running with the
land guaranteeing participation in a reciprocal maintenance agreement
with other lot owners utilizing said private road for their primary
access.
Section 17_4: Gate: Sates may be used to control access to
private roads and driveways. The design of gates, including
location, dimensions and the locking devices, shall be approved by
the Director of Planning and Development after consultation with the
Central Fire District.
SECTION_1B___SDLAR_DESISN
The setbacks and height restrictions outlined in the above sections
may be varied for passive or active solar design features provided
said variations do not infringe upon solar access or property rights
of the adjoining properties. Said variations shall be considered on
a case-by-case basis through evaluation of a use permit application
by the Planning Commission.
SECTION_19_~SECOND_UNITS
A second unit may be permitted, subject to approval by the Director
of Planning and Development in each separate case, when the
prescribed conditions listed in Section 19(a) are met .and when, in
the opinion of the Director of Planning and Development, the second
unit proposed is consistent with the discretionary design performance
standards described in Section 19(b) and .the Several Performance
Suidelines described in Section 8.
a. PrgsQrtetive_Reg~airemer~tg:
1) Hgilding_Configuration_gf_~SegQn~_~IDtts
A second unit located in a R1 Zoning District requiring
less than a 10,000 sq. ft. minimum lot size must be
integrated with the principal dwelling. The foundation
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line of the principal dwelling may be expanded or
• existing space in the principal dwelling may be
reconfigured. The second unit shall have direct
outside access without going through the principal
dwelling. A second unit located in an R1 Zoning
District requiring 10,000 sq. ft. and above may be
attached or detached.
2) . ~a~i Lnt~r~_~i ze_gf_Second D-±el l i ng
Ttte gross building area of the second dwelling unit
shall not exceed 640 sq. ft.
3I Qgjtpgg:k~Heighti_aD~_~ot Cgv_erage
a. The setback and building height requirements of
this Ordinance shall apply to a second unit.
b. Lot coverall of all structures, including
second units, shall not exceed 40% of the lot
area.
4) Off_Street Parking
Functionally independent, paved off-street parking
spaces shall be provided for the principal and second
unit as follows:
a. Principal Dwelling: 2 enclosed and
uncovered. (The uncovered spaces may be
located tandem to the required covered spaces).
b. Second Dwelling 1 uncovered.
5) Qwner Ogg~Eangy
The owner must reside on the premises in the principal
(initial) or second dwelling. A deed restriction
setting forth this occupancy requirement shall be
.recorded prior to granting a building permit for a new
dwelling unit or granting occupancy for an existing
second unit constructed prior to the adoption of the
second unit regulations. The owner of a property which
contains a second dwelling shall sign an affidavit on
.each yearly anniversary date of the approval of said
second unit declaring under perjury that he or she is
principally residing on the premises.
b. I~3,ggrgtiong~y_Design_Performance Stggd~rds
1) Entry: The entry for a second dwelling shall not be
visible from a public street. The intent is to avoid
the .appearance of a multi-family residence.
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• •
2) Second__Story: A second dwelling may be located on a
second story if a determination can be made that said
second unit will not result in privacy intrusion for
adjoining single-family zoned and developed
properties. Exterior staircases solely for access to a
second unit should be avoided.
3) Qrghitegtural__Design: The architectural design of a
second unit should maintain the form of the principal
dwelling.
4) B~ild},r~g_Ma~erigl~: The building materials of r, second
unit shall be compatible with the materials, color and
textures of the principal dwelling.
5) Qgr~CiDg: The required off-street parking for the
principal dwelling and second dwelling shall not
dominate the front setback area of the property. The
intent is to preserve the front setback area as a
landscaped space.
6> GradiDg: The siting of a second unit shall nvt require
er.cessive grading which is visible from a public space
or adjoining private property.
c. ,~~legal_aDd Legal Non_~onforming_Segond_Uni~~s
~~l,,ggal_ Units: A second unit, which was constructed prior
to the enactment of Section 19 of this Ordinance which
regulates second units, without benefit of a building permit
or in conflict with the applicable zoning ordinances at the
time of the construction of the unit, is an illegal
structure and activity.
The owner of an illegal second unit may submit an
application to obtain approval of said second unit. The
second unit must comply with the Uniform Building Code, the
prescriptive requirements in all respects and shall comply
with the determination of the Director of Planning and
Development with regard to the discretionary performance
standards. Failure to comply with this section shall result
in the abatement of the said use.
6ECTION_2C1__ APPEA~_P~OCEDUR~
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)
wor{:ing 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.
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•
SECTION 21: PENALTIES
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.
SECTION~2~__SEV~RQ~j~ITY C~A~I~E
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.
SECTION 2~: PUBLISHING CLAUSE
------------------------------
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 circulated in the City of
Cupertino.
INTRODUCED at a regular meeting of the City Council of the City
of Cupertino, on the _~_M day of n^r^~__~, 1983, and ENACTED
at a regular meeting of the City Council of the City of Cupertino
this ~_jiar ____ day of _DL[nF.arP , 1983, by the following vote:
Vote ~lgmbers_of_~~ig_~i#,Y~CgLxtlci 1
AYES' Gatto, Johnson, Rogers, Sparks, Plungy
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST' _--_ j~F~~y6~~ PROVED: -
~--
City lark or
i y o Cupertino
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