Ordinance 1438Uia."F3JICY ORDINANCE NO. 1438
AN ORDINANCE OF THE CITY OF CLJPEI2TIN0 ESTABLLSFiING ItTI~2IM
ZONING STANDAl2DS F10~2 THE Rl (RESIDENPIAL,, SINGLE-FAMILY)
ZadFS AND RHS (RFBIDE2l1'IAL, HII~SIDE SLDPE DENSITY) ZONES,
AND DECLARING THE LRZGIIQCY THERDOF
Fh~RFAS, recent single-Pamily development has beers ooasstrucrted
significantly larger than pvi~tim hates;
WHEREAS, large homes can create a massive appearance and a oontirnsous
wall plane which disrupts the established spatial relationships (air
spaces, gaps) between banes aryl appears out of character with established
neiglborhoods.
WHEREAS, the City Coursci]. and Plannirsg oamnissiars are studyirsg General
Plan policy and zcasirg oztiinanoa amerdments to address the issue of wer
buildirr3 on single-family lots;
WHEREAS, several new residential development projects are prs>i~osed
within or near existing single-family neighborlsaods;
WHEREAS, these ocQditions create a casrrerst and immediate threat to the
public health, safety, or welfare.
NGW, 1FgREEi0l2E, the City Council of the City of Cupertino does hereby
ordain that Ordir~alsoe Nos. 1238 and 1374 be amended by addirsg the
following statement of purpose, definitions, stardazt9s and prooadsn~s:
A. urucmF A-~D TNI'F71P OF TnmF'arnt sra-?ro-Fr~
1. The City of Cupertino is a suburban oommusity developed in a
predominately low intensity setting. The general welfare of the
citizens is dependent on mairstainirsg a peaceful coexistence between
various uses. significantly Oversized residential structures are
ir>ooaq~atible with the character of the residential oamnusity of the
City and are not in harmony with the principles oP hies quality
neighborhoods.
2. This interim ordinance is intended to aooanplish the following:
1. Enhance the iderstity of residential neighborhoods.
2. Ensure provision of light and air to irdi~idual residential
paroels.
3. Ensure a reasonable level of oa~atibility in scale of structures
within residential neighborhoods.
4. Maintain spatial relationships between stnsctssr~es and within
neighborhoods.
5. Reinforoa the predominately low intensity setting of the
co>msassity.
v~rest oRD~rce r~lasa ~ ox/ol/aa
Page -2-
B. DEFINI2ZOTrS
1. Floor Area -Gross
2Y-e fatal floor space of all floors of a building measured to the
outside surfaces of the building, including but net limited to roof
lines, exterior walla ar other external elements of the building
envelope system.
Seoo¢xl floor area includes:
1. Floor areas i>8uediately below a roof with a Hoar to roof
height rhich e~oceeds fifteen (15') feat.
Y mox. height
® Floor area bobw roof is counted
as second fbor whero the
coiling height is > 15'
2. All areas having an interior height o! at least 7 1/2 ft.,
except that in the case of a sloped ceiling ar zoof the seoorri
Hoar area shall be measured fznn the point at which the
interior heic~t is at least 5 ft., if any portion of the
interior height is at least 71/2 ft. _.
30' max. height
~ Floot area fs counted as
second floor wtwro Iho aft{c or second
fbor height >7.5'
3. All floor area above the first floar.
URGF2ICY ORDINANCE NO. 1438 02/01/88
Page -3-
2. Net Lot Area
Zhe total horizontal area inclined within the property limes of a
Bite, gig the following:
1. Any portion of a site within the right-oP-way oP an existing
public street.
2. Zhe portion of a flag lot constituting the access corridor lying
between the front pznperty line and the frontage line of the
corridor at the street.
3. Floor Area Ratio
Floor area divided by net lot area.
C, RF'_4Tt]F7P1'TAr. DEVELOPMFNP STANnARD6
1. *~ oor A*+~+ Rati O - Seooid Floor Area - Maxi+!~±m
- .20
2, Gsathar_k - Sc+~nl Floor Area
Side Yards
- O~bined setbacks shall equal a miniman o! 30 it.
FroTft and Rear Yards
- 30 ft.
3. Setback -First Floor Area
Front Yard
- Zhe first floor may over up
to 50t of the front buildable
area located between the 20
ft. and 30 ft. front setback
lines. (See illustratia~n).
siarn w
10' »tpnct w
~wM tw
2,e roa n«a
puc4
SIFEEI
,_
t7~srcY o1zD>Za+xce No. 1438 oa/ol/aa
Page -4-
4. Ve~icAl D«.^sion Alc~rrx Bui1dia+Q L*+Ps
- Rescinded tinder these interim regulations.
D. F~CCEFPIOIJ - PROCEptJRE
1. doa'tdiN o~ns for gi.Dg a*+ exception.
L@ten the strict intezp~'etation of this title would result in
difficulties, unrteoessary hasdships, or inooatsistencies
wi he purpoe'e and intent of this title, then an etaoeption may
be granted by the Architectural aTd site Approval cxamnittee
ar~/or City Cotn~cil in aooozdanocs with the provisions of this
c3~apter.
2. gpplication and fee.
An application shall be made in writing to the Architecttual and
Sits Appzntral Cataoittee on a fa~xta prescribed by tha Planning
Departsnertt. RYte application shall be aoccr~anied by a
nonreRutdable fee, a letter aHflninim dye justification for the
~ooeption, and appropriate exhibits as deemed r~eoessazy by the
planning Dir~eetAr.
3. Natiee
Notice shall be provided at least to days prior to the meeting to
all adjacent residential property owners irtcltding PAY owners
located directly across a public ric,~tt-of~way fmn the subject
property.
4. g required
A hearing an an eroeption shall be held before the Architectural
and Site Appxwal Camaittee, nct later than sixty days after
filing of an applicaticat.
5, a~-im t j, j~rr}~ity. ~„^a1 a*+~ Site Acozyyal CO[linit}P~.e
lYte ArrhitecGiral and Site Appzoval Committee shall approve,
approve with conditions, or deny the application arxi indicate
whether or not the e~oception is in cxa~l.ianoe with the criteria
set Forth for the granting of an e~aoeptioat. Zhe decisic~t of the
Architectural and Site Approval Oc~ittee shall be final. tmless
appealed.
6. i~niti~s for reVOCation of e~oception -Notice revuired
In any case where the conditions or limitations to an exception
granted have not been cxi~plied with, the Planning Director shall
give notice to the Permittee that the esaoeption will be revoked.
tktGEtQCY ORDIt~NCE N0. 1438 02/01/88
Page -5-
7. option deemed mill and void when -Notification tern r~
In any case where an e~eption has not been used within the
effective period of this ozYiinanoe, as extended, such e~aoeption
shall be null and void.
e. Anneals Prom decisions of the Architectural and Site Ag:rnNal
Com;aittee - Pr±ccedur~es r+eauired.
A. Any person aggrieved by a decisico of the Architectural and
31te Approval Crnmittee in the appxvval, oorriitioning or denial
of an application for an ~aoepticri may appeal such a decision
in writing to the City Council.
B. Rhe appeals shall be made within seven days of the
Arc3iitectural and Site Approval Cam~ittee meeting by means of a
letter in writing to the City Cauycil stating the grievances.
C. Stu3i appeals shall be heard by the City Council ant sd:eduled
co their agenda at the time that other Ar+c3lttectural and Site
Approval Camnittee items regularly appear.
E.
New homes ar additions are ewelnpt Eton this Interim Otdinanoa it ~]}
of the following oo~rditions apply:
1. Iccated on a site on which a final tract map has been reoostied
which is oansistent with the applicable zoning ordinance, and
2. Property owner/applicant have filed far building permits prior to
February 2, 1988.
F. S
If any seetico, subsection, serttenoe, clause, phrase, ar portion of
this ardir~noe is for any reasco held to be irn~alid ar unomsti~~*~~i
by the decisico of any CCw.t of oanpet:ent jurisaicttco ,such decision
shall not affect the remaini~ porticos of this Otsiinanoe. 7ha City
Council of this City hereby declares that it would have adopted this
ordinance and each section, subsection, sentence, clause, phrase ar
portion thereof, irrespective of any such said decision.
URGIIJCY ~tDIlANCE t~ 1436 • 02/01/88
F>age -6-
G. STATE2g3TP OF UF~GENCY
This Oouncil hereby finds, determines, arxi declares that this ordinance
is an urgency measure oor~sistent with California Government Cade
Section 56838 and is necessary far the immediate presexvatian of the
public peace, health, and safety and shall be put 31tto effect
imaediately upon adoption. 4he facts constituting such urgency are:
'IIte City is airrently considering the adoption of
General Plan Policy and zoning standa_*~4 pertaining to
the issue of oversized homes an residential lots. ~e
acbptio:l of this urgency ardinanoe will ensure that
homes and additions built duri~ the interim period are
not substantially in conflict with the fu~ire
contemplated policy arxi standards and therrby reduce
contusion.
ITll~OIFCm AND II~CPED at a regular meeting of the City Council of the
City of Cupertino this 1st day of Februazy, 1988, by the following vote:
~i 2 OF TF~ CITY O0lJNCIL
AYFS: Johnson, Koppel, Rogers, Gatto
NAYS; Plungy
ABSFI7r: None
AfiSRASN: None
ATTFSf • APPFdJVF~:
~-
City Clerk .City of
U1ZG1GPA87 (Q1)