Ordinance 1451
ORDINANCE NO. 1451
AN ORDINANCE OF THE CITY OF CUPERTWO REPEALING CERTAIN ORDIIVANCES
OUTLINED IN SECTION 2 AND ESTABLISHING AND ORDINANCE REGULATING
AGRICULTURALRFSTDF.IVITAL (A3) ZONES
THB CITY COUNCIL OF THE CTfY OP CUPERTINO DOES ORDAIN AS FOLLOWSs
SECTION 1• AMENDMENT
Seaton 11: Ordinances No. 220 of the City of Cupertlno, California, is hereby amended by
adding this Ordinance No. 145E
SECTION Z REPEALING CLAUSE
Section 2.1: Ordinance No. 22IXf) and all ordinances heretofore enacted in conflict with this
Ordinance No. 1451 are hereby repealed to the extent that they vary from the provisions of
this Ordinance.
SECTION 3: PURPOSE
Sectlon3.1: Agricultural-Residential (Al) Zones are intended to preserve agricultural or
forestry activities in areas salted to that purpose, and to lnelude therein residential
development of asemi-rural character. Because of the Intended mixture of of agricultural and
residential uses, the permitted uses in the Al zone are more restrictive than those of the A zone.
Residential subdivisions in the hill areas of Cupertino shall be planned in such a way that the
natural beauty of the hills Is preserved.
SECTION 4: APPLICATION
Section 4.1: No building, or structure or land shall be used, and no building or structure shall
be hereafter erected, structurally altered or enlarged in an agricultural-residential (Al) zone,
otherwise than in cronformance with the following provisions:
A. Uses, buildings and structures lawfully in existence at the time this Ordinance No. 1451
takes effect may remain as long as no alterations take place, and
B. Except on those ]egal nonconforming structures or parcels of land as permitted by the
City's Ordinance regulating nonconfomdng uses or its successor.
SECTION 5: DEFINITIONS
Sectlon Ai: Words and terms contained within this Ordinance are utilized as defined in
Ordinance 1453.
ORDINANCE NO. 1351 (~)
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SECTION b. PERMITTED USES - Al ZONE
Section 6.1: The following uses shall be permitted in an Al zone without a use permit:
A. Agriculture, hortitnlture, vitlcuituze and forestry; including the following and similar
uses, but excluding uses spedfied rn Sections 6.2, and 7.1 of this Ordinance
1. Reid and truck sups, including drying and storage.
2. Orchards and vineyards, including bottling and storage.
3. Tree farms, botanical conservatories and arboreta.
4. Bans, stables and sheds.
5. Keeping of draught animals and animals providing products used on the property,
and household pets.
B. Single Family Dwelling Unlt
C. Residences of faun worker and their families whose primary employment is incidental
and necessary to agricultural operations conducted on the same parcel of land on which
said residences are located.
D. Second dwelling unit which conforms to the procedures, standards, and requirements
described in Section 14 of this Ordinance.
E. Non-commercial stables, and the keeping of riding horses; the number of horses on each
lot at any time to be limited to three (3), except that additional foals may be retained
for a period of six (ti) months.
F. Accessory bulldbrgs
G. Home occnpatioru conforming with the Home Occupation Ordinance of the City of
Cupertirw.
Sectlon 6.2: Conditional Uaes -Use Permit Required: The following uses may be permitted
in Al zones, 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 area:
A. Agricultural, horticultural and vitlcultural uses induding and similar to the following,
but excluding uses specified in Section 7.1 of this Ordinance 1451:
1. Livestock ranches and dairy farms depending mainly on grazing on the property.
2. Processing of dairy products produced on the property.
3. Animal breeding.
4. Fur farms.
5. Poultry raising and hatcheries.
6. Apiaries.
7. Nurseries, greenhouses and landscaping gardens.
B. Retail sale of wine, fruit and berries produced on the property, in such locations that
they do not create traffic congestion or hazards
C. Cemeteries, aematorlea, mausoleums and columbarles.
D. Mines, quarrlta and gravel pib.
E. Boarding kerurelw
F. Non-commercial stables for riding horses, in excess of what is permitted by Section 6.1
(E) of this Ordinance 1451.
G. Riding academies, commercial stables, and boarding of horses; whether public or
private, profit or non-profit.
H. Guest ranches.
1. Golf courses and country clubs; except driving tee or range, miniature nurse and similar
uses.
]. Commercial swimming pools and picnic areas.
ORDINANCE NO. 1• (A-1) •
PACE -3-
K. Transmisaton lines, tranafonner stations, television and radio towers, and other public
utilltyand communication structures.
4 Public and quasi.pubUe buUdings and uses.
M. Buildings or structures which incorporate solar design features that require variation
from setbacks estabUshed herein, as described in Section 15.
N. Home Occupations which do not meet a Uteral interpretation of the standards of the
Home Occupation Ordinance but which in the oplnian of the Ptanning Commission meet
the intent of the Ordinance.
O. Second dwelling snit whkh does not meet the Prescriptive requirements of Section
14.1.1 of this Ordinance.
SECTION 7: EXCLUDED USES
Section 7.1: The following uses shall not be pemutted in an Al Zones:
A. Hog Perms.
B. Cattle farms maWy depending on feed brought onto the property.
C. Slaughter houses, fertilizer yards, feed yards, bone yards, or plants for the reduction of
animal matter.
D. Commercial feed sales.
E. Other semi-agricultural uses mainly depending on raw materials, semi-finished
products or feed brought onto the property.
F. Other uses which, in the opinion of the Planning Commission, are unduly objectionable
by reason of odor, dust, smoke, glare, fumes, radiation, vibration or noise or similar
objectionable reasons, or which would impose hazard to life or property in the
neighborhood.
SECTION & LOT AREA AND SHAPE
Section 8.1: Lot Area -Zoning Designation: Minimum lot area. shah correspond to the
number (multipUed by 1,000 square feet) following the A or Al zoning symbol. Examples areas
follows:
ZONING
SYMBOL
NUMBER MINIMUM LOT
AREA IN SQ. FI'.
Al 43 43,000
Al 215 215,000
Section 8.2: Mbaimum Lot Area: ~ ~ ~ _
Sectlon 8.2.1 Minimum Lot Stzc for Non•Restdential Uacs:
..~
A. 215,000 square feet.
B. 43,000 square feet per dwelUng unit on the lot. Dwelling units in farm labor camps for
temporary laborers and second units shall no be counted for the purpose of detetmining
required Iot area under this section.
Section 8.2.2 Minimum Lot Size for Residential Uses:
A. 43,000 square feet
ORDINANCE NO. 1451 (~ •
PAGE -0- ~
B. This section shall apply to lots which solely contain residential uses.
Section tt3: Required Lot Shape: Each lot in an A zone shall have such shape that a square
with a side of two hundred feet (200') can be inscribed in the lot.
SECTION 9: .BUILDING SETBACKS, HEIGHT RESTRICTIONS AND
COVERAGE
Sectlon 9.1: Building Coverage - Maximum: Forty percent (40'it,) of the net lot area.
Section 9.Z: Floor Area Ratio, Total Floor -Maximum: Forty-five Pe.cent (.45) of the net
lot area.
Sectlon 93: Setback - Ftnt Floor
NOTE: Heights exceeding twenty (201 feet shall be su6Jtcf to the, setback
regulations prescri6ut in Section 9.4 of fhLs Ordfxance.
Section 93.1: Front-MIrilmum:
A. Thirty (30) feet;
SectlonA3.2: Stde -Minimum: _
r. ,
A. Twenty (20) feet . .
Section 933 Rear - M4rimnm: r', :t'; ? : ; i == e ~ ;... . I :°? ..
A. Twenty (20) feet r ~~;srlu~ -- r,~Axls :t..4 :<;n::~~"
x.:
Sectlon9.4: Setback-SeeondEloor ~"~R;°£`F~'
Section 9.4.1: Fmnt-Minimum: j r
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A. Thirty (30) feet
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Sectlon 9.4.2: Side-MInimnm:
A. Twenty (20) feet.
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Section 9.43: Rear-Minimum
A. Twenty-five (25) feet
Section 9.5: Height of Principal Bulldiags and Structures
Section 9.5.1: Maximnm Height:
A. Height shall not exceed twenty-eight (28) ft. The number of stories is not
regulated.
B. Fireplace chimney, antennas or other appurtenances are excluded From the 28 ft.
height restriction.
ORDIIVANCE NO. 1451 (A-1)
PAGE -5-
Secdon 95.2: Areas Designated for One-Story Limitatlon: The Planning Commission and
City Council may prescribe that all buildings in a designated area be limited to one (1)
story in height (not to exceed eighteen (l8) ft.) by affixing to the Rl 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 9.53: tlIllstde Area: The above Secdon 9A.1 notwithstanding in hillside
subdivisions with slopes of ten percent (1096) or greats, an application may be submitted by
the property owns to the Architectural and Site Approval Committee for an adjustment of
height. regulations in considsatlon 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 aeceseory structure.
Section 9.4.4: Rtdgetines : Structures located on prominent ridge crests, as defined by the
City Councl, on or above the 450 ft. contour shall not exceed twenty (2W feet as measured in
accordance with Secton 424 of Ordinance 1453.
SECTION 1~ PARKING
Secdon 10.1: Parking Space Requirements:
A. Two (2) encbaed gauge parking spaces, plus two (2) open driveway spaces per dwelling
unit, except farm labor camps for migrant or temporary labours.
B. In cases where trucks, tractors or farm equipment are regularly pazlced on site within
two hundred feet (2007 of a public street or road, such parking places dull be screened
from sight of the street.
C. Lots fronting on publk or private streets without on-street parking shall provide four
(4) functionally independent off-street spaces in addition to required covered spaces.
Seedonl0.r Sise of Garage: Enclosed garages shall provide unobstructed space, i.e.
unobstructed by walls, potential appliance locations, etc, ovs an internal area encrompassing
two (2) parking spaces measuring 10 ft. by 20 ft.
SECTIONIL• ACCESSORY BUILDINGS/STRUCTURES -SETBACKS,
COVERAGE do HIIGHT
Section 11.1: Detached Accessory Buildings:
Secdon iLLl: Coverage -Maximum: Thirty percent (30%) of the suable rear yard area.
Secdon 1LL2: Setback, Maly Building -Minimum
A. five (5) ft. minimum setback (measured between eaves) from main structure.
B. Small portable storage buildings, less than six (6) ft. in height, which are not attached
to a building, pen~nanent foundatlon or pad, may locate in the side yazd, provided that
no portion of said building encroaches close than three (3) ft. to any property line.
Secdon 11.13: Front Setback - Minla-um Thirty (30) ft.
Secdon 11.L4: General Setbacks - MlnImum Three (3) ft. from any property line.
ORDINANCE NO. 1451 (A="1)
PACE -6-
Section 11.1.5: Corner Lots: Street side yard setback must equal a minimum of 15 ft.
Twenty (20) feet Is required if the property is a wmer lot adjacent to a key lot.
Sectlonll.i.ti: 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 Ilne.
Section 11.1.7: Height: Detached non-agrcvltural accessory buildings shall be limited to
s(ngle-story and shall not exceed a height of seven (~ 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 (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
t
,
i
s Aaessory Bw7ding
f 12'
S
4
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t lOS'
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s
The height of detached accessory buildings for agricultural use is not restricted, provided
that the buildings are of a design end height usual for that purpose.
Section 11.2• Attached Accessory Buildings:
Section 11.21: General: Observe setbacks, height and coverage regulations applicable to
the main building.
Section 11.2.2: Unenelosed Patio Coven: May extend as close as ten (10) ft. to the rear
property tine.
Section 11.2.3: 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 11.2.4: Attached Agricultural Buildings, Height: The height of attached
accessory buildings for agricultural uses is not restricted, provided that the buildings are of
a design and height usual for that purpose.
HIIGHT SETBACK
T 3.0'
8' 4.5'
9' 6.0'
10'- 7.5'
i t' 9.0'
1T' 10.5'
13' 12.0'
14' 13.5'
15' 15.0'
ORDNANCE NO. 1451 (A-1)
PAGE -7-
Section 113: Dedu and Patios -Setbacks:
Section 11.3,1: 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 (18) ir:ches measured from any point of
adjoining finished grade, then minimum setback from any property line must equal ten
(IW 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 three (3) ft.
Section 113.2: Second Floor.
A. Front -May encroach three (3) ft. into front setback for main building.
B. Sidt -Minimum: Twenty (20) ft.
G Rear-Minimum: Twenty-flve(25)ft.
SECTION 12: PROJECTIONS INTO REQUIRED YARDS
Section 12.1: Architectural features (rot including patio covers) may extend into a required
yard a distance not exceeding three (3) ft., provided that no architectural feature or
combination thereof, whether a portion of a principal or auxiliary structure, may extend closer
than three (3) feet to any property line.
SECTION 13: EXISTING STRUCTURES
Section 13.L• Extension Along Exiatiag 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 building
tines even when the existing setbacks do not meet the requirnnter-b of this ChdInance.
The extension or addition may not further encroach into any required setbacks. In no case shall
any wall plane of a first story addition be placed closer than three (3) feet to any property line.
SECTION 14: SECOND UNTI'S
Section 14k 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 Ditector of Planning and Developtrrent, the second unit
complies with the discretionary design performance standards described in Section 14.1.2.
Section 141.1 Pnsoriptive Requirements:
A. Maximum Slze of Sewnd Unit: The gross building area of the second dwelling shall not
exceed 640 square feet of living space, exclusive of decks and garages.
H. Setbacks, Height, Lot Covmge: The setback, height and wverage requirements of this
Ordinance shall apply to a secrond unit.
s •
ORDINANCE NO. 1451 (A-1)
PAGE -8-
D. Off-Street Parking: One (1) functionally independent, paved off-street parking spaces
shall be provided for the second unit in addition to required spaces for the principal
dwelling.
E. Owner Occupancy: The owner must reside on the premises in the prindpal (initial) or
second dwelUng. A deed restriction setting forth this occupancy requirement shall be
recorded prior to granting a building permit for a new dwelling unit or granting
oocupancy for an existing second unit constructed prior to the adoption of the second unit
regulatlons. The owner of a property which contains a second dwelling shalt 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.
Section 14.1.2 Dlsaetlonary 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 multl-family residence.
B. Second Story: A second dwelling may be lopted on a second story if a determination
can be made that said second unit will not result in privacy intrus[on for adjoining
single-family zoned and developed properties. Exterior staircases solely for access to a
second unit should be avoided.
C. Architeetural Design: The architectural design of a second unit should maintain the
form of the prindpal dwelling.
D. Building Material: The building materials of a second unit shad be compatible with
the materials, color and textures of the principal dwelling.
E. Park[ng: 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.
Section 14.2: Non-Conforming Second Unitu
Sectlon 14.21: A second unit which was constructed prior to the enactment of Section 13 of
this Ordinance which regulates second units, without benefit of a building permit or in
conflict with the applipble zoning ordinances at the tlme of the construction of the unit, is
an illegal structure and activity.
Sectlon 14.22 The owner of an fUegal second unit may submit a use permit application per
Section 6.2 (O) to obtain approval of said second 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 i5c SOLAR DESIGN
Sectlon 15.1: The setbacks and height restrictions outlined in the above sections may be
varied for passive or active solar design features provided said variations do not infringe upon
solar access or property rights of the adjoining properties. Said variatlons shall be considered
on a case-by-case basis by the Planning Commission through evaluation of a use permit
application.
•
ORDINANCE NO. 1451 (A-1)
PAGE -9-
on a case-by-case basis by the Planning Commission through evaluation of a use permit
application.
SECTION ltrr INTERPRETATION BY THE PLANNING DIRECTOR
Section 16.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 interpretation.
SECTION 17: SEVERABILTTY CLAUSE
Section 17.1: If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason held to be unconstitutional, such decision shall not affect the validity of the remaining
portions of this Ordinance. The legislative body hereby declares that ft would have passed
this Ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of
the fact that any one or more sections, subsections, sentences, clauses or phrases be declared
unconstitutional.
SECTION 1& PUBLISHING CLAUSE
Section 1g.L• 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 offidal newspaper of the City, published and circulated in the City of
Cupertino.
SECTION 19: EFFECTIVE DATE
Section 19.L• Thb Ordinance No. 1451 shall take effect and be in full force thirty {30) days
after its enactment.
QV'1RODUCED at a regular meeting of the City Council of the City of Cupertino on this 20th
day of June t9g8 and ENACTED at a regular meeting of the City Coundl of the City of
Cupertino this 5thday of Ju1y1988, by the following vote:
VOTE: COUNCIL MEMBERS
AYES: Johnson. Koppel. Plungy. Rogers, Gatto
NAYS: None
ABSTAIN: None
ABSENT: None
AT['E /'' APPROVED:
v
I-1
Dorothy Co _
ohn Gat
City Clerk ayor