Ordinance 1363
E NO. 1363
~._.J
AN ORaII~FCE OF '1~ CITY OF CZJI~iP1Z10 F2Q'IIiDIIiG N0.
1356 RE[ATIZIG '!l1 I~t~ATCRTA, PIAiC,IIdG A ~3 ON AP'AiOVAL
OF E~6ICN.4 AICtiG HJIIDII+IG I.~~S AS Pt~'7tTlf® FOR IN SDQ'ItN 12 OF
N0. 1240 OF '1~ CITY OF CtJE~7.'.IIJD,
AND DDCCARIIiG ~ (7taGENCfC ~~IiDOF
~ CITY OQR~FCLT, OF ~ CITY OF QJPFI2I'IIJD DOE4 ORDP-aJ AS FOLIL4S:
5,~1'SkON 1. Firxiinos. Zhe City Council o! the City of Cupertino does
hereby find that:
Section 12.1 of the Rssi~„ri,~t Single-family Zoz:ir~g (Rl) Osdirsattios
permits the owner of a building with anon-conforming yard setback to
expand said building along the non~onfor>ninq building line (setback)
as long as the addition does not encroach into any other required
setback.
~ eectiat was adopted to enable owners of r+ssi~a.,ri,~t properties
which wens transferred frtm the City o! San Jane, to expand a
residential building utilizing the existing building limes which were
consistent with loaner San Jose setbacks but iraoQSSistent with
Q~3ztino's setback standards.
Zlte section was intended to provide relatively minor encroachments
into setbacks. 4he wordirg of the section would permit any legal
ran-oonfo~zming building to expand aloes its established building lines
regardless of the pmoximity to a neighbarirg property line. Far
ale, the present section would permit the expansion of a building
located 1 foal ar less from a ccaaan property line and thus could
adversely affect the livability of an adjoinim~ property.
Ittnsmu<3i as a building permit may be issued to permit an expansion
regardless of the pr+oocimity of a not-o~forminq building to a proQarty
line, it is appropriate that interim zoning regulations be adopted
that will pmevettt any expansion oP a buildirq located within a setback
area pending oc~letion of a study.
~ City Council of the City of Cupettim finds that in order to
properly regulate the expansion of ran-owtforming residential
buildings along an existing building lines, it is in the best interest
of the public health, safety, and welfare to impose interim zoning
restrictions regarding new expansions so as to adequately o~lete a
study, analyze the results thereof, and to put into affect the
oanciitians of said study.
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SEX.'1ZON 2. Reculatian. Interim regulations applied to the z+egulatiai o!
setbacks described in Sectim 1 hemein shall be as follows:
No parnan, firm, ar oozparatian shall during the effective period of
this OrdiTtanoe, develop, ar oanstiuCt any building usitg tha pmOViairn
o! Section 12.1 of Ordinanca No. 1240.
SE{'TiON 3. Validity. Zf any section, suBsectiCn, serttenoe, clause ar
phrase of this Ordinance is far any reason held by a court of oa~etent
jurisdiction to be invalid, ~ decision shall not affect the validity of
the r+emainirg pamticns of this Otrlinar~oe. 'Ihe City O:nu~cil of the City of
Cupartim does hezeby declare that it would have passed this Ordinance and
each section, subsection, sertterx~e, clause and phrase the.L~eol,
irrespective o! the fact that any one ar moms sections, subsections,
sentences, Clauses ar phrases be declared invalid.
sFlOIICN 4. Uzvenv. The existing zoning regulation described in Section
1 0! this Ordinance does nat adequately control the expansion of
nca:-confamming residential buildings as described abw~e. the
side-family Resideattial zoning omdinanoa will be studied by the Planning
ccinnissicn in the immdiate future. Zher+efome, this ordirmrne is declazed
an urgency meas~ue and shall be in full fomaa and effect upon its
enactment.
SECPlON 5. Effective Data. his iJrgetxy Ordinance stsall ba affective !ar
a period of four (4) months m~mrerir~, j~j,l 16, 1986 anal shall terminate
Cn August 16, 1986.
II~RODUCm AND Etp,~CTID at a regular meetitg of the City Ootu~cil of the
City of Q:pertino cn this 7th day o! April ~ 1986, by the
following vote:
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