Ordinance 1449
ORDINANCE NO. 1449
AN ORDINANCE OF THE CITY OF CUPERTINO REPEALING CERTAIN ORDINANCES
OUTLINED W SECTION 2 AND ESTABLISHING AN ORDINANCE
REGULATING
RESIDENTIAL, SINGLE-FAMILY (Rl) ZONES
THE CITY COUNCIL OP THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
SECTION 1: AMENDMENT
Section 1.1: Ordinance 220 of the City of Cupertino, California, is hereby amended by
adding this Ordinance No. 1449.
SECTION 2: REPEALING CLAUSE
Section 21: Ordinance No. 1374 !s hereby rcprealed, and oil other ordinances heretofore
enacted in conflict with this Ordinance No. ]449 are hereby repealed to the extent that they
vary from the provisions of this Ordinance.
SECTION 3: PURPOSE
Section 3.1: The purpose of this Ordinance is to establish a zone permittlng single-family
residential uses and establish the regulations pertaining thereto.
Section 3.2: This ordinance is intended to accomplish the following objectives:
A. Enhance the identity of residential neighborhoods.
B. Ensure provision of light and air to individual n:~sidential parcels.
C. Ensure a reasonable level of compatibility in scale of structures within residential
neighborhoods.
D. Maintain spatial relationships between structures and within neighborhoods.
E. Reinforce the predominately low intensity setting of the community.
SECTION 4: APPLICATION
Section 4.1: No building, structure or tand shall be used, and no building or structure shall be
hereafter erected, structurally altered or enlarged in a residential single-family (Rl) zone,
otherwise than in conformance with the following provisions:
A. Uses, buildings and structures lawfully in existence at the time this Ordinance No. 1449
takes effect may remain as long as no alterations take place, and
B. Except on those legal nonconforming structures or parcels of land as permitted by the
City's Ordinance regulatlng nonconfornilng uses or ib successor.
SECTION 5: DEFINITIONS
Section 5.1: Words and teens contained within this Ordinance are utilized as defined in
Ordinance 1453.
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SECTION 6: PERMIT-TED USES
Section 6.1: The following uses shall be permitted in an Rl 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 14.
C. Home Occupations pursuant to the Home Occupation Ordinance of the City of
Cupertino.
D. Aornsory bulldings.
E. Family day care homes.
F. Group care activities.
G. Keeping of animals as follows:
7. Maximum of four (4) adult household pets, provided that adult dogs are limited to
a maximum of two (2).
2. Small household pets.
3. An[mals must be kept in accordance with other applicable Cupertino and Santa
Clara County codes and ordinances.
H. Crop, tree or horticultural farming.
Section tr.2: Condltionai Uaes -Use Permit Required: The following uses maybe 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 (ti) persons.
C. The keeping of any animal not otherwise permitted in the above section, subject to
Santa Clara County Health Department mgvlations 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
Horror Occupation Ordinance but which in the opinion of the Planning Commission meet
the intent of the Ordinance.
E. Buildings or etrocturea which incorporate solar design features that require variation
from setbacks established herein, as described in Section 13.
F. Two-story structures in areas designated for crone-story limitation per Section 852.
G. A second unit which does not meet the Prescriptive requirements of Section 14.1.1 of
this Ordinance.
SECTION 7: LOT AREA AND WIDTH
Section 7.1: Lot Area
A. Lot area shall correspond to the number (multiplied by 1,000 sq. ft.) following the Rl
Zoning symbol. Exam Ip es are as follows:
ZONING MINIMUM LOT
SYMBOL NUMBER AREA IN . FT.
Rl 6 6,000
Rl 75 7,500
Rl 10 10,000
Rl 20 20A00
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B. Legal substandard lots may be used as a building site, provided that all other
provisions of this Ordinance shall apply.
Section 7.2: Lot Width-MInimum: Sixty (60) ft. measured at the front building setback line.
SECTION B: BUILDING SETBACKS, HEIGHT RESTRICTIONS AND
COVERAGE
Section 8.1: Building Coverage -Maximum: Forty percent (40%) of the llti lot area.
Section 8.2: Floor Area Ratio, Total Floor -Maximum: Forty-five Percent G45) of the nM
lot area.
Seaton 8.3: Setback - Flnt Floor.
NOTE: Heights exceeding twenty (20) jeet shall be aublect to the setback
regulations prescribed in Sectton 8.4 of this Ordinance.
Section 8.3.1: Front-Mirilmum
A. Twenty (20) feet
B. Fifteen (15) feet for a curved driveway provided that no more than two (2) such 15 foot
setbacks occur side by side.
Sectiorn8.3.2: Slde-Minimum
A. Five (5) feet
B. Ten (10) feet shall be provided on at least one side yard. In instances where an addition
is proposed to an existing structure where both side yards are less than ten (]0) feet
wide, the wider side setback shall be maintained. The addition may extend as close as
five (5) feet to the property line on the narrowest side of the house only.
C. Twelve (12) feet shall be provided on the street side of a rnmer lot.
Section 8.33: Rear - MlnImum:
A. Twenty (20) feet
B. Ten (10) feet where useable rear yard area = 20 x Lot Width.
Section 8.4: Setback -Second Floor.
Section 8.4.1: Front and Rear-MIrilmum
A. Twenty-five (25) feet
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Section 8.4.2: Side-Minimum
A. Ten (10) feet.
B. Flag Lot: Twenty (20) feet from any property line.
C. Comer Lot: Twelve (12) feet shall be provided on the street side of a turner lot.
D Comer Lot: Twenty (20) feet shall be provided from any rear property line of an
existing, developed single family home.
Sectioon &4.3: Additional Setback (Surcharge)
A. Setback distance equal to fifteen (15) feet shall be added in whole or in any
combination to the front or sideyard setback requirements specified in Sections 8.4.1 and
8.4.2 of this CMdinance. A minimum of five (5) feet of the fifteen (eet shall be applied
to the side yard(s).
Section 85: Height of Principal BuildInga and Structures:
Section 85.1: Maximum Height:
A. Height shall not exceed twenty~ight (28) ft. The number of stories is not regulated.
B. Fireplace chimney, antennas or other appurtenances are excluded from the 28 ft. height
resMction.
Section 85.2: Areas Designated for One-Story Limitation: The Planning Commission and
Cfty Coundl may prescribe that all buildings in a designated area be limited to one (1)
story in height (not to exceed eighteen (18) ft.) by affixing to the R] Zoning District the
designation (i); provided, however, that the Planning Commission shall have the
discretion to delete this restriction through the granting of a use permit.
Section 853: Hillside Areas: The above Section 85.1 notwithstanding in hillside
subdivisions with slopes of ten percent (10%) or greater, an application may be submitted by
the property owner to the Architectural and Site Approval Committee for an adjustment of
height regulations in rnnsideration of topographical features. However, in no case shall
the maximum height exceed thirty-five (35) feet for a principal structure, or twenty (20)
feet for an accessory structure.
Section BS.4: Ridgellnea : Structures located on promirxmt ridge crests, as defined by the
City Council, on or above the 450 ft. contour shall not exceed twenty (20) feet as measured in
accordance with Sectlon 4.24 of Ardinance 1453.
SECTION 9: PARKING
Section 9.1 Puking Space Requiremenb: Two (2) enclosed garage parking spaces, plus two
(2) open driveway spaces per unit.
Section 9.2: Size of Carage: Enclosed garages shall provide unobstructed space, i.e.
unobstructed by walls, potential appliance locations, etc., over an internal area encompassing
two (2) parking spaces measuring ]0 ft. by 20 ft. each.
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SECTION 10: ACCESSORY BUILDINGS/STRUCTURES -SETBACKS &
HIIGHT
Section 10.L• Detached Accessory Buildings:
Section 10.1.1: Coverage - Maximum: Thirty percent (30%) of the usable rear yard area.
Section 10.1.2: Setback, Main Building -Minimum:
A. Five (5) ft. minimum setback (measured between caves) from main structure.
B. Small portable storage buildings, less than six (6) ft. in height, which are not attached
to a building, permanent foundation or pad, may locate closer than five (5) ft., provided
that no portion of said building encroaches loser than throe (3) ft. to any property line.
Sect1on10.1.3: FtontSetback-Minimum:
Twenty (20) ft.
Section 10.L4: General Setbacks -Minimum:
Three (3) ft. from any property line.
Section 10.1.5: Corner Lots: Street side yard setback must equal a minimum of 15 (t.
Twenty (20) feet is required if the property is a corner lot adjacent to a key lot.
Section 10.1.6: Recreational Structures: Recreational structures, with a floor or step
height greater than eighteen (18) inches above any point of adjoining finished grade, must
set back ten (10) ft. from any property line.
Section 10.1.7: Height: Detached accessory buildings shall be limited to single-story and
shall not exceed a height of seven (~ (t. beginning at a three (3) ft. setback from property
tine. Said height shall encompass the entire wall plane nearest the property line,
including the roof, caves and any portion of the foundation visible above adjoining finished
grade. The height may be increased by oru' (1) ft. for each additional 1 1/2 ft. of setback
(corresponding to a thirty-three (33) degree angle), up to a maximum height of fifteen (15)
feet, as described in the table below.
Property Line
Am~ssory BuildInf
._ t
HIIGHT SETBACK
7' 3.0'
8' 4.5'
9' 6.0'
10' 7.5'
i l' 9.0'
12' 10.5'
13' 12.0'
tA' 13.5'
15' 15.0'
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Section 10.2 Attached Accessory Buildings:
Section 10.21: General: Observe setbacks, height and coverage regulations applicable to
the main building.
Secion 10.22: Unencloaed Patio Coven: May extend as close as ten (10) ft. to the rear
property line.
Secion 10.23: Recreational Structures: Recreational structures with a floor or step height
greater than eighteen (18) Inches above any point of adjoining finished grade must set back
ten (10) ft. from any property line
Section 103: Decks and Patios -Setbacks:
Section 103.1: First Floor.
A. First floor decks or patios may encroach three (3) feet into front setbacks.
B. If floor or step height is greater than eighteen (l8) inches measured from any point of
adjoining finished grade, then minimum setback from any property line must equal ten
(l0) ft.
C. If floor or step height is less or equal to than eighteen (18) inches, measured from any
point of adpining finished grade, then minimum setback from any property tine must
equal three (3) ft.
Section 103.2 Second Floor.
A. Front -May encroach three (3) ft. into front setback for main building.
B. Side -Minimum: Fifteen (l5) ft.
C. Reu -Minimum: Twenty (20) ft.
SECTION 11: PROJECTIONS INTO REQUIRED YARDS
Section IL3s Architectural features (not including patio rovers) may extend into a required
yard a distance not exceeding three (3) ft., provided that no architectural feature or
rnmbination thereof, whether a portion of a principal or auxiUary structurn, may extend closer
than throe (3) feet to any property line.
SECTION 12 EXISTING STRUCTURES
Section 12.1: Extension Along Existing Building Lines: Additions to legally existing
principal structures (i.e., structures for which valid building permits have been issued), not
including decks or similar projections, maybe extended horizontally along the existing building
lines even when the existing first Floor setbacks do not meet the requirements of this Ordinance.
The extensiott or addition may not further encroach into any required setbacks, e.g., a single
story may be extended along an existing five (5) toot side yard setback even though the other
side yard does not equal ten (]0) ft. However, in no case shall any wall plane of a first story
addition be placed closer than three (3) ft. to any property line.
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SECTION 13: SOLAR DESIGN
Section 13.L• The setbacks and height restrictions outlined in the above sections may be
varied (or passive or active solar design features provided said variations do not infringe upon
solar access or property rights of the adpining properties. Said variations shall be considered
on a case-by-case basis by the Planning Commission through evaluation of a use permit
application.
SECTION 14: SECOND UNITS
Section 14.L• 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 14.1.1
are met and when, in the opinion of the Director of Planning and Development, the second unit
complies with the discretionary design performance standards described in Section 14.1.2.
Discretionary design performance standards are intended to regulate second units in a manner to
ensure the maintenance of the single-family dwelling unit character.
Section 14.L1: Prescriptlve Requirements:
A. Building Configuratlon of Second Unit: A second unit located in a Rl Zoning District
requiring less than a 10,000 sq. ft. minimum lot size must be integrated with the
pdndpal dwelling. The foundation line of the prindpal dwelling may be expanded or
odstlng space in the prindpal dwelling may be reconfigured. The second unit shall
have direct outside access without going through the principal dwelling. A second unit
located in en Rl zoning disMct inquiring 10,000 sq. ft. and above may be attached or
detached.
B. Maximum Size of Sernnd Unit: The gross building area of the second dwelling shall not
exceed 640 square feet of living space, exdustve of decks and garages.
C. Setbacks, Height, Lot Coverage:
1. The setback and building height requirements of the Rl Zoning District shall apply
to a second unit.
2. Lot coverage of all structura, including second unib, shall not exceed 40% of the lot
area.
D. Off-Street Parking: Functionally independent, paved off-street parking spaces shall be
provided for the priruipal and second unit as follows:
1. Principal Dwelling: 2 enclosed and 2 uncovered. (The uncovered spaces may be
located tandem to the required covered spaces)
2. Second Dwelling: i uncovered.
H. Owner Occupancy: The owner must reside on the premises in the prtndpal (initial) or
second dwelling. A deed resMction 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 living on the premises.
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Section 14.1.2: Discretionary Design Performance Standards:
A. Entry: The entry for a second dwelling shall not be visible from a public street. The
intent is to avoid the appearance of amulti-family residence.
B. 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 beavoided.
C. Architectural Design: The architectural design of a second unit should maintain the
form of the principal dwelling.
D. Building Material: The building materials of a second unit shall be compatible with
the materials, color and textures of the prindpal dwelling.
E. Parking: 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.
F. Grading: The siting of a second unit shall not require excessive grading which is visible
from a public space or adjoining private property.
Sectlon 14.2: Non-Confomilng Second UnIta:
Section 14.21: A second unit which was constructed prior to the enactment of Section 14 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 mnstrucHon of the unit, is
an illegal structure and activity.
Sectlon 14.22: The owner of an illegal second unit may submit a use permit appltcatfon per
Section 6.2(g) to obtain approval of said semnd unit. The second unit must comply with the
Uniform Building Code. Failure to comply with this section shall result in the abatement of
the said use.
SECTION 15: INTERPRETATION BY THE PLANNING DIRECTOR
Sectlon 15.L• The Director of Planning and Development shall be empowered to make
reasonable interpretations of the regulations and provisions of this Ordinance, rnnsistent with
the legislative intent thereof. Persons aggrieved by an interpretation of the Ordinance by the
Director of Planning and Development may petition the Planning Commission in writing for
review of said interpretation.
SECTION 16: SEVERABILITY CLAUSE
Section 16.U If any section, subsection, sentence, clause or phrase of this Ordinance is for any
mason held to be unrnnstitutional, such decision shall rwt 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, senterur, clause or phrase thereof, irrespecdve of
the fact that any one or more sections, subsections, sentences, clauses or phrases be declared
unconstitutional.
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SECTION 17: PUBLISHING CLAUSE
Section 17.1: The City Clerk is hereby authorized and directed to cause a certified mpy 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.
SECTION 18: EFFECTIVE DATE
Section 18.L• This Ordinance No. 1449 shall take effect and be in full force thirty (30) days
after its enactment.
WTRODUCED at a regular rrueting of the City Council of the City of Cupertino on this 2f)th
day of June 1988 and ENACTED at a regular meeting of the City Coundl of the Gty of
Cupertino this St4iay of July 1988, by the following vote:
VOTE: COUNCIL MEMBERS
AYES: Johnson, Roppel, Rogers, Gatto
NAYS: Plungy
ABSTAIN: None
ABSENT: None
A~g• , APP)} VED:
CO~f. ..,GJ 1 n
Do y ~ ~, J hn ca to
City Clerk ayor