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Ordinance 1450• ORDINANCE NO.1450 AN ORDINANCE OF THE CITY OF CUPERTINO REPEALING CERTAIN ORDINANCES OUTLINED IN SECTION 2 AND ESTABLISHING AN ORDINANCE REGULATING RESIDENTIAI. HILLSIDB (RliS) ZONES THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS: SECTION 1: AMENDMENT Section L3: Ordinance 220 of the City of Cupertino, California, is hereby amended by adding this Ordinance No. 1450. SECTION 2• REPEALING CLAUSE Section 2.1: Ordinance No. 1238 and all ordinances heretofore enacted In conftict'with this Ordinance No. 1450 are hereby repealed to the extent that they vary from the"provisions of this Ordinance.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 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 residential uses is kept in balance with the need to conserve natural resources and protect life and property from natural hazards. Section 3Z This Ordinance is intended to accomplish the following objectives: A. Enhance4he identity of residential neighborhoods. B. Ensure provision of light and air to individual residential pamis. 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.L• 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) zone, otherwise than in conformanrn with the following provisions: A. Uses, buildings and structures lawfully in existence at the time this Ordinance No. 1450 takes effect may remain provided no alterations take place, and B. Except on those legal nonconforming structures or parrnis of Land as permitted by the City's Ordinance regulating nonconforming uses or {ts successor. SECTION 5: DEFINITIONS Section 5.1: Words and terms contained within this Ordinance are utilized as defined in Ordinance No. 1453. ORDINANCE 1450 (RHS~ PAGE2 SECTION 6: PERMTCTED USES Section 6.1: The following uses shall be permitted in an RHS zone without the requirement of a use permit A. Single-family dwelling unib 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. Aoxuory buildings. E Family day care homes. F. Group care activities. G. Crop, tree or hordcultural fanning. H. Sale of products grown or produced on the property, such as but not Hmited to agricultural products, honey, milk, eggs, etc., to the extent this use does not become the primary income produdng activity of the household. I. Keeping of animals as follows: 1. Household pets limited to one animal per 3,000 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: a) One animal for first 40,000 sq. ft. of land area, except mutes and donkeys which shall require 80,000 sq. ft. for the first animal b) .One additional animal for each addidonal 20,000 sq. ft. of land area. c) Permits for large animals must be obtained from the Director of Planning and Development. 4. The required lot area for a large animal shall not be included in the required lot area for a household pet or vice-versa, except that up to two (2) household pets may be kept with large animals. 5. Animals must be kept in accordance with other applicable Cupertino and Santa Clara County codes and ordinanccy. 6. Animals may not be raised (or 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, shall be declared to be of a legal non-conforming status provided: a) Sa1d animals were legal prior to adoption of this Ordinance No. 1450, and b) The County Health Officer deems that said animals do not create a health hazard, and c) Except if the nonconforming use as defined herein ceases for a continuous period of at least six (ti) months. Tn such a case, the legal non-confon~ning status shall be revoked. Section 6.Z: Conditional Uses -Use Permit Required: The (ollowing uses may be permitted, subject to the securing of a crondidonal 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 can homes. B. Group care activities with grater than six (ti) 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. ORDINANCE 1450 (RHSI PAGE3 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 oe structures which incorporate solar design features that require variation from setbacks estabUshed herein, as described in Section I8. F. Second dwelling unit which does not meet the prescriptive requirements of Section 19.1.1 of this Ordinance. G. Limited commercial recreation uxs, such as riding clubs and related stables and traits, golf courses, swimming anti pirnic grounds. H. Other uses which, in the opinion of the Planning Commission, are rnnsistent 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. 1450. 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 DENSITY Section 7.1: 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, slopedensity credit derived from application of a slopedensity formula to a lot or group of lob cannot be transferred to property outside of the subdivision or parcel map boundary. A rnvenant 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 7.3: A property owner or owner owning land within a Hillside Residential Zone may adjust property lines arrrong contiguous legal parcels, subject to Clty approval in accordance with the Subdivision Map Act and Local subdivision ordinance. SECTION & GENERAL PERFORMANCE GUIDELINES The following guidelines are a rnmpilation of policies stated in the adopted Cenerai Plan. They are intended to be guidelines for the preparation of plans for mnstructbn in Hillside Residential areas. Section 8.1: Site Grading: A. Site grading shall be minimized. B. A registered landscape Architect shall review grading plans and, in consort with the project and City Engineer, shall submit a plan to prevent soil erosion and visually screen cut and fill slopes. Section 8.2: Tree Planting: A. A registered landscape Architect shall prepare a tree planting plan for the site. The intent of the landscaping plan is to visually screen grading scan, to reintroduce trees on barren slopes which were denuded by early agricultural practices, and to partiapy screen residential structures. ORD~fANCE 1450 (RHS~ PACE4 B. Landscaping improvements shall be installed prior to occupanty. If installation prior to occupancy is not possible, the applicant shall have the option to post a bond, cash deposit or other security to ensure installation within an eighteen i18) month period from date of occupancy. All landscape areas shall be properly maintained. Section 8.3: Rldgetops:- Structures shall not substantially disrupt the natural silhouette of prominent ridges as viewed from the valley floor. Section &~: Specimen Trees:- Structures shall be sited in a manner which retains significant native trees (diameter greater than 12 Inches measured 4S ft. above natural grade) per the tree ordinance. Section 8.s: Views and Privacy:- It is not the responsibility of City Government to ensure the privacy protection of the building perrnit 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. Section &ti: Appealsr The building pemut 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: LOT AREA AND WIDTH Section 9.1: Lot Area: A. The minimum lot area for a specific property shall correspond to the smallest lot size permitted by the density provisions of the Land Use Element of the General Plan. B. The minimum net lot area {n a 0-5 General Plan density range shall be 7,500 sq. ft. C. In the case of a property designated in the General Plan for a slopedensity review, the minimum lot size shall be equivalent to the average lot area computation fora 096 slope gradient. The 0% slope gradients for the slope-density formulas is contained within Appendix A of the General Pian. D. 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. Settion9.r LotWidth-Minimum: A. Seventy (70) k. measured at the front building setback Bne. B. No minimum lot width for lots served by a private driveway and which do not adjoin a public street. . • ORDINANCE ]4501RH5) PAGES SECTION 10: BUILDING SETBACKS, HEIGHT RESTRICTIONS AND COVERAGE Section 10.1: Building Coverage - Maximum: Thirty percent (3096) of the net lot area. : Section 10.2: .Floor Area Ratio, Tatal Floor -Maximum: Forty-five. Percent (.45) of the net lot area. Section 103: Setbacks • Flnt Floon NOTE: Heights azcading trurnty l20) fat shall 6t subjoct to the stl6ack rtgulatians prescribed in Satfon 10.4 of this Ordinance 1_ ._ Section 103.1: Front-Mltilmum: A. Twenty (2W ft. . B. Ten (10) ft. if the elevation (grade) exceeds twenty percent (20%) within the first 20 ft. from the street elevation to the setback elevation. The garage must be designed to enable vehicles to puk off-street. _ : ~ Sec8on103.2: Side-Minimum: A. Ten (10) ft. B. Fifteen (15) ft. shall be provided on the street side of a corner lot. . ~.i f Y _ .... Sect1on1033: Reu-Mirrlmum: A. Twenty (20) ft. ~ ~~:<~ _ :t ~ :->a._+~, Section 10.4: Setbacks -Second Floor. ~" ` , .,'`' SecHon10.4.1: Front-Minlmnm: yr s r ` k + , A. Twenty (20) ft. _ . _ f ., .., . rF s ~ t .~ :t ~-.~_._ i'' SeeHon10.4.2: Sides-Mkrimuau - ra , .:: r.,~ r.t ;per F, f. .. << A. Fifteen (15) ft. , . ~ + . Section 10.43: Rear Mfnlmum: , , A. Twenty Five (25) ft. i' : ~' Section 10.4.4: Additional Setback (Surcharge) A. Setback distance equal to fifteen (15) feet shall be added irr vvhole or in any mmbinaHon to the front or sideyard setback requirement specified in Sections 10.4.1 and 10.4.2 of this Ordinance. A minimum of five (~ fert of the fifteen feet shall be applied to the side yard(s). Section 10.5: Setbacks -Habitable Third Floor. Setbacks shall equal the setbacks stated in Section 10.4, except the minimum side setback shall equal twenty (20) ft. ORDINANCE 1450 (RHS~ PAGE6 Section 10.6: Height of Principal Buildings and Structures: Section 10.6.1: Height -Maximum: A. Thirty-five (35) ft. The number of stoles is not regulated. B. Fireplace chimney, antennas or other appurtenances are excluded from the 35 ft: height resMction. Seaton 10.6.2: Ridgelines: Structures located on prominent 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 Section 4.24 of Ordinance 1453. SECTION il: PARKING Section I1.L• Puking Space Requlremenb: A. Two (2) enclosed garage or covered carport parking spaces, plus two (2) driveway spaces per un(t. B. Lots fronting on public or private streets without on-street parking shall provide four (4) functionally independent off-street spaces in addition to required rnvered spaces. Sectionil.Z: Size of Garagr. 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 10 ft. by 20 ft. each. SECTION 12: FENCING Section 12L• Solid Board: A. No limttation on lots less than 30,000 sq. ft. net lot area. B. Limited to a 5,000 sq. ft. area, (excluding the main building, for lots exceeding 30,000 sq. ft. net lot area) Section 122: Open Fenetng: Location of open fendng (i.e. comprised of materials which results in a minimum of 75% visual transparency) is unrestricted exo:pt in the front yard area. Section 123: Front Yard: Fencing over 3 feet in height may not be constructed within the front setback area. Section 124: Fence Height: Height of fendng is regulated by the Fence Ordinance SECTION 13: ACCESSORY BUILDINGS/STRUCTURES -SETBACKS, COVERAGE & HEIGHT Section 13.1: Detached Accessory Buildings: Seaton 13.L1: Coverage -Maximum: Thirty percent (30%) of the usable rear yard area. Section 13.1.2: Setback, Main Building - MtnImum: A. Five (5) ft. minimum setback (measured between eaves) from main structure. ORDWANCE 1450 (RHS) PAGE? B. Small portable storage buildings, less than six (6) [t. in height, which arc not attached to a building, permanent foundation or pad, may locate closer than five (5) ft., provided that no portion of said building encroaches closer than three (3) ft. to,any propecty line. Section 13.1.3: FrontSetback-Minimum: Twenty (20) ft. Secdon13.1.4: GeneraiSetbacka-Minimum: Three (3) ft. from anY ProPen)' Line. Sectlon 13.15: Corner Lots: Street side yard setback must equal a minimum of 15 ft. Twenty (20) feet Is required if the property is a turner lot adjacent to a key lot. Section 13.L6: Recreational Structures: Recreatlonal structures, with a floor or step height greater than eighteen (18) inches above any point of adjoining finished grade, must setback ten (10) ft. from any property line. Section 13.L7: Height: Detached accessory buildings shall be limited to single-story and shall not exceed a height of seven (7) ft. beginning at a three (3) ft. setback from property line. Said height shall encompass the entire wall plane nearest the property line, including the roof, eaves and any portion of the foundation visible above adjoining finished grade. The height may be increased by one (1) ft. for each additional 1 1/2 ft. of setback (rnrresponding to a thirty-three (33) degree angle), up to a maximum height of fifteen (15) feet, as described in the table below. Property Line S S j i l i ~ 105 HEIGHT SETBACK T 3.0' 8' 4.S' 9' 6.0' 10' 7.5' i l' 9.0' 12' 10.5' 13' 12.0' 14' ]3.S' ]5' 15.0' Section 13.2 Attached Accessory Buildings: Section 13.2.1: General: Observe setbacks, height and coverage regulations applicable to the main building. Section 13.22: Unenclosed Patio Coven: May extend as close as ten (10) ft. to the rear property line. ORDINANCE 14501RHS• • PAGE 8 Section 13.23: 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 SeMlon 133: Decks and Patios -Setbacks: Section 13.3.1: First Story: A. First floor decks or patios may encroach three (3) feet into front setback. B. If Moor or step height is greater than eighteen (18) inches measured from any point of adjoWng finished grade, then minimum setback from any property line must equal ten (10) ft. C. If floor or step height is less or equal to than eighteen (18) inches, measured from any point of adjoining finished grade, then minimum setback from any property line. must equal throe (3) ft. Section 13.3.2: Second Story: 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 14: PROJECTIONS INTO REQUIRED YARDS Section 14.L• Ardiltectural features (not including patio covers) may extend fnto a required yard a distance not exceeding three (3) ft., provided that no architectural--;.feature or combination thereof, whether a portion of a prindpal or auxiliary structure, may extend closer than three (3) fcet to any property line. - SECTION 15: EXISTING STRUCTURES Sectlon15.1: Extens[on 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, may be extended horizontally along the existing first Eloor building lines even when the existing setbacks do not meet the requirements of this Ordinance. The extension or addition may not further encroach into any required setbacks, e.g., a single story may be extended along an existing five (5) foot side yard setback even though the other side yard does not equal ten (10) ft. However, in no case shall any wall plane of a first story addition be placed doser than three (3) ft. to any property line. SECTION 16: GEOLOGIC AND SOILS REPORT PROCEDURE A. Geologic review required if located in a geologic hazard area per the General Plan. B. The Clty Engineer shall determine the extent of geologic investigation. C. Any required geologic review shall be prepared by a registered engineering geologist certified by the State of California. s ~ ORDINANCE 1450 (RHS) PAGE9 D. Soils reports must be prepared by a registered civil engineer qualified in soils mechanics by the State of California. E. A preliminary soils and geologic investigation and 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 infom~ation: 1. All. pertlnent data, interpretations and evaluations based on the most current professionally recognized soils and geologic data (i.e. Callfornia State Mines and C,eology, 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 site; 3. Recommendations for corcective measures deemed necessary to prevent or significantly mitigate potential damage to the proposed project and adjacent properties or to otherwise ensure safe development of the property; and 4. Recommendation for additional investigation that should be made to ensure safe development of the property. SECTION 17: PRIVATE ROADS AND DRIVEWAYS Section 17.1: Pavement Width and 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. Section 17.2 Reciprocal IngressJEgress: An applicant for building permit owning a lot served by a private road shall record an appropriate deed resMction 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 the parcel(s). Section 17.3: Redproeal Maintenance Agreemsnt: 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 perticipadon in a redprocal maintenance agreement with other lot owners utilizing said private road for their primary access. Section 17.4: Gates: t;,ates may be used to control access to private roads and driveways. The design of gates, including location, dimensions and the locking devioes, shall be approved by the Director of Planning and Development after consultation with the Central Fire District. SECTION 18: SOLAR DESIGN Sectioni8.k The setha,-'-a and height restrictions outlined in the above sections may be varied for passive or active srrlar design features provided said variations do not infringe upon solar access or property rights of the adpining properties. Said variations shat! be considered on a case-by-case basis through evaluation of a use permit application by the Planning Commission. ORDINANCE 1450 (RHS~ PACE 10 SECTION 19: SECOND UNITS Section 19.k 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 19.1.1 arc 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 ]9.1.2 and the General Performance Guidelines described In Section 8. Section 19.1.1: Presalptlve Requirements: A. Building ConAgtutitfon of Second Units: A second unit located In a RHS Zoning District requiring less than a 10,000 sq. ft. minimum lot size must be integrated with the principal dwelling. The foundation 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 RI$ Zoning District requiring 10,000 aq. ft. and above Wray be attached or detached. B. Maximum Slze of Second Dwelling: The gross building area of the second dwelling unit shall not exceed 640 sq. ft. C. Setback, Height, and Lot Coveragr. 1. The setback and building height requirements of this Ordinance shall apply to a second t:nit. 2. Lot coverall of all structures, Including second units, shall not exceed 30~ of the lot area. D: Off-Street Parking: 1'unctiomaliy independent, paved off-street parking spaces shall be provided for the principal 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. SeeondDwllling: 1 uncovered. E. Owner Occupancy: The owner must reside on the premises in the prlndpal (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 dedaring under perjury that he or she is principally residing on the premises. Section 19.1.2 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 a multifamily residence. B. Second Story: A second dwelling maybe located on a second story if a determination tan be made that said second unit will not result in privacy intrusion for adjoining single- family caned and developed properties. Exterior staircases solely for access to a second unit should be avoided. ORDINANCE 1450 (R~) S ' ~ PACE 11 C. Architectural Destgn: The architectural design of a second unit should maintain the (orm 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 princpal 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 apace or adjoining private property. Section 19.2: Non-Ca~nforming Second Units Sedion 19.2.1: 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 rnnflict with the applicable zoning ordinances at the tlme of the construction of the unit, is an illegal structure and activity. Section 19.2.2: The owner of an illegal second unit may submit a use permit application per Section 6.2(F) to obtain approval of sold 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. SECTION 20: INTERPRETATION BY THE PLANNING DIRECTOR Section 20.L• The Director of Planning and Development shall be empowered to make reasonable interpretations of the regulations and provisions of this Ordinance, consistent 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 lrtterpretatlon. SECTION 21: SEVERABILITY CLAUSE Section 21.1: If any section, subsection, sentence, douse or phrase of this Ordinance Is for any reason held to be umm~stltudonal, such derision shall rwt affect the validity of the remaining portions of this Ordinance. The legislative body hereby declares that Et would have passed this Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsectloru, sentences, clauses or phrases be declared unconstltutlonal. SECTION 22: PUBLISHING CLAUSE Section 221: The City Clerk is hereby authorized and directed to cause a certified copy of this Ordinance to be pubhshed at (east once within fifteen (l5) days after ib enactment in the Cupertino Courier, the offidal newspaper of the City, published and dreulated in the City of Cupertino. • ORDINANCE 14501RH5) PACE 12 SECTION 23 EFFECTIVE DATE Section 73.1: Thb Ordinance No. 1450 shall take effect and be (n full force. thirty (30) days after ib enactment. INTRODUCED at a regular meeting of the City Council of the Ctty of Cupertino on this 20th day of June 1988 and ENACTED at a regulu meeting of the City Coundl of the City of Cupertino this Sthday of•1u1y.1988, Uy the following vote: VOTE: COUNCIL MEMBERS AYES: Johnson, Koppel. Plungy, Rogers. Gatto NAYS: None ABSTAIN: None ABSENT: None A APPROVED: F. r~ thy Co Jahn tto City Clerk Mayo ,_ L, ., ., ... .i. ,. ~:. t..