Ordinance 1374' ORDlNAN(~ N0. 1374
AN OF TF~ CTTY OF CiJPERTINO REPEALING CERTATtJ ORDZNANCFS
WTL~IID IN SECTICY~I 2 AND ESTAHISSIUNG AN OFtDII~NCE
Ft~J(2JIAT,f2JG RESII~F2TIZAL, SINGIE-FAMILY (Rl) ZONEB
'lI~ CITY OfXRtC:II, OI+' ~ CITY OF CSJPF~IIID DOES CHiOAIN AS EVLLOWS:
a~' 'j~ 1: AM[~I~1II~43~TI'
Section 1.1: Ordinance 220 of the City of Qrpertino, Califo2sda, is
hereby amended by adding this Ordinance No. 1374.
SECTION 2• REPFALTr1G CLAUSE
Section 2.1: Ozdirsarna No. 1240 and all ordinarfoes haretofame enacted in
conflict. With .this Ordinance No. 1374 ate h~eaRby repeeled to the extent that
they vary fmn the pravisicns of this Ordinance.
SECTION 3• PURP06E
Section 3.1: the purpose of this Ordinance is to establish a zcasa
permitting single-family t+esidential uses aryl establish the regulations
~fprha~ni ~ thereto. 72fesB regulations ate irrt~e~r3ed to guide f11tt2re
single-family res~rlerittAr development and ensure a healthy, Saictionai
envitunaent for future residents within pt+opaeed developoent aryl between
adjoining P'at'oels•
SECTION 4• APPLICATION
Section 4.1• No building, ar ar land shall be used, and no
building ar stsuctut+e shall be hereafter et+ec:ted, ettvcturally altered or
enlarged in a r~esidentinl single-family (R1) zone, athatwise than in
oonformanoe with the following provisions:
a. Uses, buildings and structures lawfully inexistence at the time
this Ordinance No. 1374 takes effect may resaain as long as no
alterations take place, and
b. E:ooept an those legal rm-oorifotndrg ~ ar parrels of
land as permitted by the City's Ordinance regul.atirg
non-amfomaing uses ~ its aivocessar.
SECTION 5: C~TPI'ICNS
Section 5.1: Animml (adult): Any animal fair (4) months of age ar
older.
Section 5.2: Animal florae): Any equine, bovine, sheep, goat ar swine
ar similar daaestSc or wild animal as determined by the Planning Oommissian.
Section 5.3: Architectural Feature: Any part ar appurtenance of a
building ar stsuctuze which is not an integral portion of the living area of
said building ar struct~rce. Es~lea include: cornices, canopies, eaves,
awnirr~s, fireplaces ar projecting window elements. Patio covers ar any
projection of the floor area shall not constitute an architectural
Projection.
ORDIl~D\NC~ NO. 13 7 4 )
PAGE-2 -
Section 5.4 • Bui l_di m• A,nY stn~cture of any Per~- or animal.
Section 5.5• Buildirx-. Aooessorv: Any building or stzvcture servi.nq a
use 8ubordinnte~ ar incidental to the use of the main building on a lot.
Examples: Detached garage, permanent covered playpen, tool shed, decks,
9r'~'~~r r ~Yr covered wal}aaay ar patio aver. Fenaes, eight
(8) ft. ar 1888 in height, are not acoesscry structimes.
Section 5.6: Buildira(s) Attac3~d; Buildings which axe physically
oar~ected by any stnu,•tulal members ar wall, exaluditg dec}cs, patios ar
fences.
S~'tion 5.7: a+i7dira. Detached: Buildings which are not physically
cau~ected by any ativctuxal .members ar walls. excluding d8ake, patios, ar
fences.
Section 5.8: Dav Care Homes. Fate: A family home 1xm-institutional in
d~aracter, which provides day came ally, with ar without oompensaticn, for
not more than six (6) children tinder sixteen (16) years of age, including the
faster family's children under sixteen (16) years of age.
Section 5.9 Dav Care Homes. S*+~•~]: A family hc~e nai-institutional in
character, which parwiR3es day Dare only, with or without compensatioat, for
seven (7j to twelve (12) c3iildren inclusive under sixteen (16) years of age.
S~tian 3 10• Dtas1_lira Unit Prirrcir>~: A 2uildirg space used
exclusively Par resid8ntial oocuparsry by cne family, with facilities far
living anti the cooking and,/ar preparatioa- of food.
SBCtion 5.11: DWelli.nci UtLt Seoerd: A dwelling unit which is in
addition to the principal ar initial dwelling unit located cap a s:gle lat ar
pnmal.
Section 5.12: Drivewav. Curved: A driveway which enters the garage from
tha side and which contains a fancticnal twenty (20) foot parking area that
does not owezhang the front pnopezty line.
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PAGE - 3 -
Section 5.13: Family. Single: One or more pexr~s related to each other
by blood, marriage, legal adoption, or foster parent2wod, ar no more than
four (4) unrelated pereais, livirq together as a single hausekeepi~ unit
with a single kitctsen, together with necessary domestic eaq~loyees, if ar:y.
For purposes of this definition, a single-family may also irrlude any
ocmbirsation of related and unrelated persoa~s, excluding necessary domestic
employees, e~aoeed four.
6ecticn 5.14• Garaae• A oa:pletely enclosed building ar part of a
building intended and deaic~:ed to aooc~mbdate motor vehicles.
SeOtion 5.15: GrCUp Care Activity: A z+esidertti.tsl care facility
providing cOntiin:ous care for six (6) ar fewer pet~;s on a twenty-four (24)
hour basis which requires licensing by a governmental agency.
Section 5.16: heioht of Buildira: Rhe vertical distance between the
average o! the highest finished grade anywhere adjacent to the buildirq, and
the lowest finished grada> anywhere adjacent to the building, ar other
structure, to the hig~t:est point o! said building ar struct:,tz+e, exclusive of
radio ar television aerials.
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5ectian 5.17: Ha;.aehold Pete: S1ma1,1 animals ocmaanly tourd in
singlrfamily resin+A~ areas suds as chickens, ducks, geese, rabbits,
dogs, cats, etc. but excluding animals such as any bovine ar equine animal,
or any sheep, goat ar swine, ar any wild ar dangerous animal.
Section 5.18: household Pete. S7na11: Small animals in contained
habitats generally located in the principal building ar accessory buildings
of residential lots, suds as hamsters, fish, birds, etc. but e~ocluding all
animals defined as 'R~a:sehold pate".
Section 5.19: Legal Substar:dard I.ot: Any panel of land ar lot recorded
and legally created by the (runty or City priar to March 17, 1980 (initial
adoption date Of this Ozditsanoe, as revised] which lot ar parcel is Of less
area than requir+ad in the zone; or late ar parcels of record which are
reduced to a substanlazd lot size as a result of a zequired attest dedication
unless Otherwise provided in the City of Cupertiro General Plan.
CQtDINANCE ND. 1374 ~}~)
PAGE - 4 -
The owner of a legally created, subst~~ndatd property which is less than
6,000 squaw feet but equal to or greater than 5,000 square feet may utilize
said parosl far residential purposes. The owner of a legaiiy-c~+eated pasrel
o! less than 5,000 square Peet may also develop (as a single-family
residential building sits) if it can be dema'LSttated that the property was
not u~ the same ownership as any owstiguws property on the same sts:+eet
lrncstags as of ar after July 1, 1984.
Section 5.20: Lot. Oorner: A lot abutting upm two ar mama streets at
their intszsecticna, ar parts of the same street !arming an insteriar angle o!
less than ana lna>clred thirty-liv~a (135) degrees within the lot lir-es.
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bias 5 21• Lot Death: Ilse lot depth shall be calwlated as the
average of the side lot lines ar in case of more than two side lot lines as
the average of several lines rtuutirg the depth of the lot as determined by
the Director of Plarsrsitg and Development.
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Section 5.22: Lat. Fiats: An interior lot with a lot width of less !bans
40 ft. measured 20 Pt. back of the Ptvrst lot lines, on ~dsi,c3s the buildable
area of the lot is located to the rear of a lat(e) which abuts the same
public street right of way.
Section 5.23: Lot Flag. Front SEat~hwr~lr srww; 'II'sat area extending across
the full esctenst oP the buildable portion of a flag lot measured from the
property line which is parallel to and rsearest the street line and at which
poise! the lot width equals a mininnms of sixty (60) ft. Tlss Planning
Cat¢nissian shall have ties disczBtian to modify the prwisians of this
definition when it improves the design relationship o! the prti~posed
building(s) to adjacent buildi~s ar parcels.
QRDIPU~,NCE N0. 13747Ep) ,
PAGE-5-
Secti~ 5.24: Lot. Irrterior: Any lot other than a corms lot,
Section 5.25: Lot Itev: 'Ihe first lot to the rear of a ao~rrfer lot, .the
fraart lot line which is a cantinuatian oP the side line o! the cx~rner lot,
whether ar net separated by an alley.
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Section 5.26: Iat Width: The lot width is measured by aline
oozresponding to the length of the lineal, ar radial (in the Dose o! a curved
lznat lot line) lstixtt setback line.
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Section 5.27: Setback Area. tYont Yana: 427at area extending actives the
Rail extent of a lot, bordered by a public street right o! way and a setback
line parallel thsz+eto at a distance established by this Ottiinanoe. 4he
Plaimirg ooamission shall have the diactetiat to modify the p2t:visims of
this definitial when it can be round that the pzmposed modifications will
iaprove the `deaigrt relationship o! the p~vposed building(s) to adjacent
buildings ar parcels.
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ORDII1AtJC.E NO • 13 7 4 ) •
PAGE-6-
Section 5.28: Setback Area, Rear Yard: lhat area extending acznss the
full extent of a lot barrrled by the lot line(s) which is/era c~osits (i.e.,
in a oontrazy direction to) the fzmt yazd area, acrd the rear yard setback
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Section 5.29: Setback Area. RerU}~: dye open space, unoccupied aril
fzTcan the ysxx4rd upward, eoa~ept as othezwise provided in this
Section 5.30: 6etback Area. 31de Yazd: Shat area between the frrnt and
zest buildiry setback lines and between the ocsmec~ting prapezty lines and a
parallel litre thez+sto at a distance as prescribed in this ozdinance,
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Mien 5.31: Setl~aGc Area. Usable Rear: mat area, in square feet,
bau'ded by the rear lot line(s) and the rear building lines extended to the
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ORDII~NCE NO. 13 7 4 ~JNPIN[JFD) .
PAGE - 7 -
Section 5.32: Story: 'Ilse space betw~+n a floor and the oeilirq above
it, used for residential purposes, garages ar a wanking space. Ttye amber of
stories of a building shall be coassidered equal to the highest number of
stories in arty vertical section of the buildirq, as measured at a point
between five (5) and ten (10) feat back from an adjacent property line to the
wall plane nearest the property line. A wall plane with a surtaoe su}soerged
75~ ar mare below adjoining finished grade shall not be included for purposes
of r7e.tn+,ninim ~~ aoamulaticn of building stories.
Section 5.33: Structures: mat which is built ar oortstruLted, an
edifice ar building o! any kind, ar any piece of work artificially built up
ar ocuposed of parts joined together in soma definite manner.
SQCtion 5.34: Structure. Fiecxeational: Any aooessory building or
portion thereof, which functiana far play, zela~mticn, ar e~oeroise (e.q. pool
slides. play houses, tree houses, gazebos, deGcs, patios, hot tubs, pools),
SECTION 6: PE~TPED USFS
Section 6.1: Rhe following uses shall be permitted in an R1 zone without
the ~*~i*+a+n*+* of a use permit:
a. Sirgle-family dwelling units with not more than one (1) dwelling
per lot.
b. A secoarl dwelling unit ~Rsic3i oonfazma to the procedures,
standards, and requirements described in Section 14.
c. Fiaos Oact~aaticns pursuant to the Fkms Ooa:patiat Ordinance of
the City of Cupertino.
d. Aooessozy buildings.
e. Eb~ily day care bases. ,..
!. :.Group care activities. ,
g. Keeping of animals as follows:
1. Maximtao o! fart (4) adult household pets, provided that
adult dogs are limited to a maximum of two (2).
2. Small household pets.
3. Animals must ba .kept in aooon~anos with other applicable
Cupertino and Santa Clara Co~mty codes aryl ardinanoes.
h. Cs~op, tree ar tsortic~lturnl farmirxg.
ORDINANCE ti0. 13 7 4 ~1TIId.IID) •
PAGE-B-
Section 6 2• Oa~tional Uses -Use Permit Racnuired: ~e followizg uses
may be permitted, subject to the securiig of a ooa~ditional use permit in each
separate case, in locations, where they, in the opinion of the Planning
Cam~ission, are ccmpatible with ~cietirg arcs planmed uses in the
nom:
a. Special day care homes.
b. GrGUp care activities with greater than six (6) persons.
c. the keeping of any animal nat othatwise permitted in the above
section, .subject to Santa Clara County Health Department
IeCJulatiOnB arcs Setback r±o~~ir~n+nn.,f~a as bet forth in1 the Cupertino
bAaticipal Ca7da.
d. _Haae Ooc~~atians whic3i do not meet a literal int~arpzetation of the
standards of the Hama Oocupatian Oniinanoe but which in the
.opinion o! the Planning Oamnissicn meet the ireteT-t of the
Ozdinanoe.
e. Buildilgs or which inoozporats solar design features
that require variation frvn setbacks established herein, as
described in Section 13.
f. 4WO-story stnactur+es in azeas designated !or a ass-story
limitation pert Section 8.5.2.
g. Seoacrl units as defined in Secticn 14.5{6) of this Ordinance,
rAiidi do not meet the Prescriptivis r+equiztimertts of Section 14 (a)
of this Ordinanne.
SECTION 7• LOT AREA AND WID'ffi
S~tion 7.1• Lot Area
1. Lot area shall correspond to the tAm~ber (nultiplied by 1,000 sq.
ft.) following the R1 Zoning symbol. Dmsples are as follows:
Minim~mt Lot Area
1~S~~q~l~l in Square Fee
Rl 6 6,000
R1 7.8 7,500
R1 10 10,000
ffi 20 20,000
2. Legal substandard lots, as herein defined, may be used as a
building site, provided that all other pzwisians of this
Ordinance shall apply.
Section 7.2• Lot width-Minimian• sixty {60) ft. measured at the front
building setback•line.
CQ2DZNANCE Nb. 13 7 7Ep)
PAGE-9-
RCN 8 • B~IIl7IIiG SEfEiAl3C5. IiEIC3if RESTRICTIONS AND
Section 8.1• Baildira Coverage - Maximtna: Forty paroent (40t) of the
lot area.
Section 8.2s Front Yana Setback - Minintrm:
a. Twenty (20) ft.
b. Fifteen (15) !t. far a anved driveway if:
1. Driv~eoray enters aide o! garage..
2. No mote than fifty peroerst (503) of the par+oels in any one
tract may have curved driveways.
3. No more than txao suc3i fifteen (15) ft. setbacks aide by
side.
Section 8.3: Side Yarsi Setback - Minim,mt:
Section 8.3.1: 31ra1e-strnv Elee~nt:
b.- Ten (10) it. shall ba provided on at least one side yard.
Section 8.3.2: Zt,~o-Story ~!~+r_:
a. Ten teat.
b..':~a9 Ivt -Twenty (20) tt. from any property line.
c. Cbzner Iot - 'ite~tty (20) ft. bean any rear property line of an
axistirg, developed sirgla family haoe.
Section 8.3.3: Street Side Yard of a Corner Iat:
Twelve (12) feet.
sprtiarf 8.4: Rear Yana Setbacks - Mininann:
Section 8.4.1: Siral~ Element:
a. Twenty (20) ft.
b. Ten (10) where usable rear yard area equals twenty (20) time the
lot width. Usable rear yard area far minar' additiam shall be
calculated in aooordanoe with Sectim 12.3 of this Oxdinanoe.
Section 8.4.2 s 21~o-Stow Elemrsrt•
7Wenty~tive (25) ft. •
Section 8.5: F3eioht of a,tiai~ ar-d StTL+r+±+++y:
Section 8.5.16 _ r
1. Haight stsa7.1 not exceed thirty (30) !'t. The rntinti6r. of~staries
is not regulated. ,..
ORDI2~1tdCE N0. 1374 () •
PAGE-10-
2. Detac2led clot Abu adi Aso 1~~ `7i; ifs ~~~e'satt a
three (3) foal setback Ems prq~exty line. Said height shall
et>o~asa the entire wall plane dearest the pzrope2,~ty line,
in:luding the roof, eaves aril any portion of the Eolmdation
visible above adjoining finished grade. Ztte height may be
increased by one (1) foot for eac31 additional 11/2 ft. of
setback (oorrespaxlirlq to a 33 degree angle) , up to a marciminn of
fifteen (15) feet, as describe in Table One below.
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Plaraling Clmmission and City Council may prescribe that all buildings
in a designated area be limited to one (1) stony in height (clot to
esaceed eic~lteerr (18) ft.) by affixing to the Rl Zoning District:
pz~wi,ded, however, that the Planning mission shall have the
discretion to delete this restriction thr+axjh the granting of a use
permit.
Section 8.5.3: hillside Areas: ZYre above Section 8.5.1
notwith_a*11r>~*~ in hillside subdivisions with slopes of ten peroerrt
(103) or greater, an application may be sukmitted by the property owr>ps
to the Ardlitectuzal aryl Site Approval Committee for an adjustment of
height regulntia~s in oansideratian of topographical featur+t=a.
ORDINANCE NO. 1374~UED)
PAGE - 11 -
SEC!'ION 9: PAl~dG
Section 9.1: Parkins Space Rern 7Wo (2) enclosed garage
parking spaces, Plus two (2) open driveway spaces Per unit.
Section 9.2: Size of Garaces Enclosed garages shall provide
wed space, i.e. unobatntcted by walls, potential appliance
locations, etc., over an internal area enoa~assi~ two (2) parking spaces
measuring 9 tt. by 18 ft.
SE4TIt7N 10 • AC(~SS.~,O~2Y BUILDINGS/SPfdJCI[)RF5 - SEPBACKS
Section 10.1• Detached Aooessorv Buildiras•
a. Five (5) ft. minimian setback (measured between eaves) trna main
structure. Small portable storage buildirq, less than six (6)
ft, in heic~st, which are not attad~ed to a building, pernersent
faurrlaticn ar pad, may locate closer than five (S) it.
b. Minintan three (3) ft. Eton any property line as a-easured to the
nearest wall plane.
o. Height is regulated by above Section 8.5.
d. Recxieaticrsai structures, that Par'ti~ of which has a Hoar ar
step height greater than eighteen (18) itx3ses above any point of
adjoining finished grade, must be set back ten (10) ft. front any
property line.
a. Minim~m< frCCtt satlaack must equal tw+anty (20) tt. fzCm front ar
side pmparty line adjacent to a public attest right-of-wny.
f. Iat coverage may not exoaed 30~ o! usable tear yarn areas,
e:oclusive of umenclased patio covers.
Section 10.2: Attadled Acoessorv Buildincs:
a. Observe setbacl~ as~d height regulatiats appliaable to the main
building.
b. l~lased attad~ed patio covers may extend as close as ten (l0)
tt. to the rear Property line.
c. Small potable storage buildings, (less than six (6) ft. in
height, which are not attached to a building, permanent
faun<laticas ctr pad), may locate in the side yard, provided that
no portico of said building encroac3~ea closer than three (3) ft.
to any property line.
d. Recreatic4tal stsucturas, that paaticn of which has a Haar ar
step height greater than eighteen (18) inches above ary point of
adjoining finished grade, must be set back (10) tt. tnrm any
property line.
ORDINANCE h0. 1374 )
PAGE-12-
RF+t^tion ~0 5• Decks and Patios -Setbacks:
Section 10.5.1• First Storv•
a. T2sat portion of a deck or patio with a floor or step height
greater than eighteen (18) inches measured txtiin any point oP
adjoining lines red grade must maintain a minina,4n setback tn~
.any pzvperty line equal to ten (10) ft.
b. If tlooz' ar step height is less than or equal to eighteen (18)
insc3ies measured tr+an any point adjoining finished grade, the
fminiaann setback fz~ any property line must equal three (3)
c. lru~itdecks ar patios may enctoac~ three (3) teat into
Section ~0 5 2• Decks Proiectirxr fr+an RWo-story Elm:
a. MininnaD fifteen (15) ft. setback fA side prtiparty line.
b. Minina~ twearty (20) tt. setback to rear property line.
c. May erlcroadl three (3) i't. into front setback.
Section 11.1: Architectural feature not irrlsxiirg patio covers may
extend into a requiz+ed yard a distance nsot exceeding three (3) tt., provided
that nso arehitectsual Feature ar oonbination thereof, whether a portion of a
~• asncilinsy structtiu+e, may extend closer than two (2) teat to any
Additions to
(ire yfar valid building permits have been
issued) may be ca'nstxuc'ted along the existing building lines as said building
lir-es existed on the effective date of Ordinassce No. 1240, even when the
existing setbacks do net meet the requirements o! this Otdinsansoe, subject to
the following:
1. The extension ar addition does not further etr_svach into any required
setbacks, e.q., a single story may be extended slang an existing five
(5) loot side yard setback evens though the other side yard does not
equal tan (10) ft. However, in no case shall any wall plena of a
fp~p~y .addition be placed closer than three (3) ft. to any
2. This provisias shall apply to horizonrtal and vertical additions.
Seoad stazy ("verticals) additions at esdstirg single-story building
lines shall z~equire ornsenst o! adjoining property owners. If any of
the adjoining property owners do not oonse~nt to the extension, the
applicant may request a hearing before the Plarmirg ornanission.
pgD~1~ pp, 13 7 4) •
PAGE-13 -
Adjoining property owners shall ba notified at least ten (l0) days
prior to said hearing. Zhe Planning Coarnission may approve, deny or
oonditicnally approve the request. use Planning CaRaission shall
make the followi:g findings if the request is approved:
a. ~snt the use ar uses are in oonformanca with the General Plan
and are nct detrimental to existing uses ar to uses
specifically permitted in the zone in which the prq.~osed use
is to ba located.
b. 2tmt the property irnrolved is adequate in size and shops to
acocutaodat~e the proposed variation in setback ar height.
G. 'That the proj,706ed Use is otherwise not detrifiBrft81 to the
hanlth, safety, Peace, morals, and genesral weltarg Of persons
-residing ar warkisg in the neic~sbordnod of suds proposed use
rnr injurious to property atxi imprvv®nents in the
~•
4he applicant ar adjoining property owners may appeal the P13nnirg
Waaissicn's decision to the City Council in the same manner as set
forth in the ProoecLual Ordinance !ar a use permit.
Section 12.2; Minor Variations in Setbacks and HeicQrt: Additions to
Pr'ir:cipnl structures, not detac3~ed aooessary buildir:gs, legally existing at
the time of this Ordinatne, may vary s1ic,Q:tly ire the setback and height
Ptwisla:s aorttairred heroin subject to the following criteria:
1. Zha building does not encnonds more than two (2) ft. into any
rwquir+ed setback area ar two (2) tt. above the height limit, and
2. Ztse area of the building which encroaches into the required
setback does not exceed five pendent (5~) of the gross building
area before the addition, and
3. Adjoining property owners consent in writing to the setback or
height variation.
If the above criteria era met, the variation may ba approved by the
Director of Plaraiirg aryl Development. If ca~sent of the property owners is
not attained, the applicant mny request a hearing before the Planning
Ca~nissicn. Adjoining property owners shall be notified at least ten (lo)
days priar to said haarirg. the Planning Commission's may approve, deny, ar
conditionally approve the request. 4he applicant ar adjoining property
owners may appeal the Plarrnirg Commission's decision to the City Council in
the same manner as set Earth in the Procedural Ordinarx;e far a use permit.
Section 12.3: Misr Additions in Rear Yawls: 4he side yard adjacent to
a proposed minor addition (e.g., addition equalling ten perosnt (lOt) ar less
of the principal stxvcture) may be included in calwlation of usable rear
yard area.
ORDIPU~NCE NO. 13 7 4 (~ITIN(7ID) •
PAS-14-
SECTION 13• SOIAR DESIGN
section 13.1: The setbacks arxi heic~t restrictions outlined in the above
sections may be varied for passive or active solar design features provided
said variations do not inrrirge upon solar access ar property ric,~ts o! the
adjoining properties. Said varintia:s shall be considered on a case-by-case
basis through evaluation of a use permit application by the Planning
CamaisalAn.
SF&TION 14• SEOOND UNITS
se~ion 14.1: A eeocrri unit may be permitted, subject to approval by the
Director o! Planning and Development in each separate case, when the
pzescribed conditions listed in Sacrist 14.1(x) are met and when, in the
opinion or the Director of Planning and Developne+nt, the seccaxt emit o~lies
with the discretionary deaic~ perloztoance standards described in section
14.1(b). Discretionary design p~ertarmarne standards era intended to regulate
second units in a mariner to ensure the maintez:anoa o! the single-family
dwelling unit character.
n.
1) Buildira oonf~,guiatiar or Secorxi Lfiit
A second unit located in a Rl Zatirg District requiring lase
.than a 10,000 sq. rt. minimum lot size must be integrated
with .the principal dwelling. '!he rounxiati.at line of the
Pr~P~ d~1~3 ~Y ~ or existirg space in the
pa'irripal dwelling may be reconfigured. The seocrxi unit
s shall have direct outside aooeea without r3Oing the
principal dwelling. A second unit located in an R1 zoning
district requiring 10,000 sq. rt. and above may be attad:ed
ar dekac3ved.
2) 1~iaXittami Size of Secarttl Unit
Rhe gross h+ild{r~ area of the eeoayd dwelling shall rrat
exceed 640 square rest o! living space, eoaclusive of decks
_, and garages.
3~ r,..rt,~,~, Height. Iat Oov~erage
a. Zha setback and building height requis~ernts or the Rl
Zatirg District shall apply to a second unit.
b. Iot coverage or all etructur+ea, including seoonrl units,
shall not exceed 40t oP the lot area.
4) orr-street Parkins
Functionally independent, paved ofr-street parking spaces
shall be p¢wided far the principal and second unit as
rollows:
a. Principal Dwelling: 2 enclosed and 2 tmcavered. (Zhe
tmcavered spaces may be located tandem to the r+equirnd
covered spaces.)
ORDINANCE NO. 1374) •
PAGE - 15 -
b. Secord Dwelling: 1 uncovered.
5)
Zt:e owner must beside cn the premises in the principal
(initial) ar seomd dwelling. A deed restriction setting
forth this oocx:pancy requir~tt shall be recorded prior to
• granting a building permit !ar a new dwelling writ ar
granting oocvpancy tar an existim~ seoo:xi writ oonstrvcted
prior to the adoption of the seoorcl unit regulations. The
owner o! a pmoperty which contains a second dwelling shall
sign an affidavit a: each yearly annivezsary date of the
approval of said record writ declaring wrier perjury that he
ar errs is living on the premises.
a. Disczetionarv Design Performance standards
1) may: Tl~e entry tar a secaxi dwe111rrg shall not
be visiblo fimt a public street. use intent is
to avoid the appearance of a multi-family
neskienos.
=2): Seoord stcrv A seooncl dwelling may be located
ar a sexrd~story i! a determinntiat cars be made
that said seocTid unit will not result in privacy
intrvsirn tar adjoining single-family zoned a~
developed pr+opertiea. Exteriar stairrASaa solely
far access to a second writ should be avoided.
~.. ~.
3) Architectisal Desiarr: 11:e architectural design
of a saccrd unit should maintain the form of the
Principal dwelling.
a) A~ildix- MatBrial• The building materials of a
eeoard ^ unit shall be ompatible with the
materials, polar and teatimes o! the principal
dwelling.
5) pig: TAe required oft-street parking tar the
.principal dwallirg and eeoand dwelling shall not
. dominate the !runt setback area of the pxvperty.
TY~e intent is to preserve the frrnt setback area
as a landscaped specs.
6) fig: The siti~xj o! a seoaxt unit shell not
require saa~eseiw grading which is visible tzrm a
public space ar adjoining private pavperty.
ORDINANC2; N0. 1374 ~7I~7UID) .
PAGE - 16 -
b. Non-OonPorminv Seoorrl Units
A second Lunt which was ~ prior to the
enactment of Section 14 of this Ordinance which
.regulates second Lusits, without benefit of a building
.permit or in conflict with the applicable zonirx~
. ar$irrarroes at the time of the construction o! the turit,
is a non-ornfaxminq structt>re and activity.
Rhe owner of a nos-aontamnirig eeoou~d Ludt mey sukmit a
use permit application par Section 6.2(g) to obtain
approval of said second Ludt. 2l3s seoorrd Lmit must
i acaply with the Uniform Buildirq Oode. Failure to
oily with this section shall result in the abatement
of the said use.
SEZ'1'ION 15 • IIITERPfi~'TARZOtV BY THE PLANPitfiG DIRECZnR
Section 15.1: ~3e Director Of Planning and Develolalent shall be
anpowered to males reasa~able interpzetatian o! the regulations and pravislons
of this Ordinance, omsistettt with the legislative intent thereof. Persons
aryl Development mny~ the Pl.arming Commission Director of Planning
tang far review of
said interpretation.
SECIZON 16: ,~lFStAa1r TT1f CLA[b'E
Scotian 16.1: If any section, subsection, senter'ioe, clause ar phrase of
this Ordinance is for any reason held to be turcanstitutional, strh decision
shall rat affect the validity of the rmminirrg portions of this Ordinance.
Ztre legislative body hereby declares that it would have passed this ordinance
and each section, subsectim, sentence, clause ar phrase thereof,
irrespective of the Pact that any one ar more sections, subsections,
serrtxrroea, clauses ar pt3rases be declared Lunonstituticnal.
~ICN 17 s FtJHI.ISfD2JG CLAUSE
Section 17.1• Zt3e City Clerk is hereby authorized and directed to cause
a certified Dopy o! this Ordinarfoa to be published at least once within
fifteeat (15) .days after its enactment in tare Cupertino carrier, the official
aerrsp~er of the City, published aryl circ~il.ated in the City of Cupertino.
SECTIOtJ 18 • EFF'ECPIVE DATE
Section 18.1: 1lsie Orditk~noe No. 1374 shall take elPect and be in 8311
fozce thirty (30) days after its enactment.
ORDINANCE Imo. 13 7 4 JED)
PAGE-17-
IITI47DDIJC~ at a regular meeting o! the City oan~cil of the City oP Qtpertirn
on the 19th day o! ply,, 1986 arxi ENACTID at a regular meeti:q o! the City
Cotmcil o! the City o! Cupaztirn this 2nd day of .rune ,1986, by the
following vote:
~i
AYES: Gatto, Johnson, Plungy, Sparks, Rogers
NAYS: None
~.~~~ None
None
ATPE3P: APPR{JVF~:
ty ClQ ^ ~ `' ,City o! ,'
R10~II~3CE(Marla?iles)lvm