Ordinance 1452
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ORDINANCE NO. 1452
AN ORDINANCE OF THE CITY OF CUPERTINO REPEALING CERTAIN ORDINANCES
OUTLINED IN SECTION 2 AND ESTABLISHING AN ORDINANCE REGULATING
AGRICULTURAL (A) ZONES
THB CITY COUNCIL OF THfi CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
SECTION L• AMENDMENT
Section Ll: Ordinances No. 220 of the City of Cupertino, California, is hereby amended by
adding this Ordinance No. 1452.
SECTION Z• REPEALING CLAUSE
Section 21: Ordinance No. 220(il and aU ordinances heretofore enacted in conflict with this
Ordinance No. 1452 are hereby repealed to the extent that they vary from the provisions of
this Ordinance.
SECTION 3: PURPOSE
Sectron 3.1: Agricultural Zones are intended to preserve agriculture or forestry in areas best
suited for that purpose; and/or to provide corridors of agricultural or forested areas between
cities or neighborhoods, in order to avoid urban sprawl and facilitate the establishment of
distinctive neighborhoods. 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.L• No building, or structure or land shall be used, and no building or structure shalt
be hereafter erected, structurally altered or enlarged in a agricultural (A) zone, otherwise than
in conformance with the following provisions:
A. Uses, buildings and structures lawfully in existence at the time this Ordinance No. 1452
take effect may remain as long as no alterations take place, and
B. Except on those Legal non-conforming structures or parcels of land as permitted by the
Gt~s Ordiruuroe regulating non~onfortning uses or its successor.
SECTION 5: DEFINITIONS
Section 5.1: Words and terms contained within this Ordinance are utilized as defined in
Ordinance 1453.
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ORDWANCE 1452 (A)
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SECTION & PERMITTED USES - A ZONE
Section 6.1: The following uses shall be permitted in an A zone without a use permit:
A. Agrlcultun, horticulture, viticulture and forestry; including the following and similar
uses, but excluding uses speafied in Sections 6.2 and 7.1.
1. Field and truck sops, including drying and storage.
2. Orchards and vineyards, including bottling and storage.
3. Tree farms, botanical conservatories and arboreta.
4. Barns, stables and sheds.
5. Keeping of draught animals,animals providing products used on the property, and
household pets
6. Livestock ranches and dairy faints depending mainly on grazing on the property.
7. Processing of dairy products produced on the property.
8. Animal breeding.
9. Fur fauns.
10. Poultry raising and hatcheries.
il. Apiaries.
l2. Nurseries, greenhouses and landscaping gardens.
B. Single Pamily Dwelling Unit
C. Residences of farm workers 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. A second dwelling unit which conforms to the procedure, standards, and requirements
described in Section l4.
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 (6) months.
F. Ao:eswrybulldtngs.
G. Home occupations conforming with the Home Occupation Ordinance of the City of
Cupertino.
H. Famliy day can homes.
I. Group can activities.
Section &.2: Condidonal Uses • Use Permit Required: The following uses may be permitted
fn A zones, subject to the securing of a conditional use permit in each separate case, in locations,
when they, in the opinion of the Planning Commission, are compatible with existing and
planned uses in the area:
A. Cemeteries, acaratories, mausoleums and columbaries.
B. Mines, quarries and gnvel pib.
C. Boarding kennels.
D. Non-commercial stables for riding horses, in excess of what is permitted by Section
6.1.E.of this Ordinance 1452
E. Riding academies, commenial stables, and boarding of horses; whether public or
private, profit or non-profit.
F. Guest ranches.
G. Golf coupes and country dubs; except driving tee or range, miniature nurse and similar
uses.
H. Commercial ewlmming pooh and pirnlc areas.
i. Transmisa{on lines, transformer stations, television and radio towers, and other public
utility and rnmmunication structures.
J. Public and quul-public buildings and uses.
K. Retail axle of agricultural products produced on the property such as vegetables, fruit,
honey, and milk, in such locations that they do not create traffic congestion or hazards.
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ORDINANCE 1452 (A)
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L. 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.
M. Buildings or structures which Incorporate solar design features that require variation
from setbacks established herein, as described in Section 13.
N. Second dwelling unit which does not meet the Prescriptive requirements of Section
14.1.1 of this Ordinance.
SECTION 7: IXCLUDED USES
Section 7.1: The following uses shall not be permitted {n A zones:
A. Hog Fanny.
B. Cattle farms mainly 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. Commerdal feed axles.
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 &1: Lot Area -Zoning Designation: Minimum lot area shall correspond to the
number (multiplied by 1,1)00 square feet) following the A zoning symbol. Examples are as
follows:
ZONING
SYMBOL
NUMBER MINIMUM LOT
AREA IN SQ. FT.
A 215 215,000
A 400 400,000
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Section ti.2: Minimum Lot Area
A. Minimum Lot Size: 215,000 square: feet '
B. Minimum Lot Atea per Dwelling Unit: 43,000 square feet. Dwelling units in farm labor
camps for temporary laborers, and second dwelling units shall not be counted (or the
purpose of determining required lot area under this section.
C. Legal substandard lots may be used as a building site, provided' that all other
provisions of this Ordinance shall apply.
Section 83: 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.
ORDINANCE 1452 (A) • •
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SECTION 9: BiJILDING SETBACKS, HEIGHT RESTRICTIONS AND
COVERAGE
Section 9.1: Budding Coverage -Maximum: Forty percent (40~,) of the net lot area.
Section 9.2: Setback - Flrat Floor
NOTE: Hdghts cxcading twrnty (201 fat shall bt subjat to the set[wck regulations
pracri6td in Sation 9.3 of this Ordinance. .
Section 9.21: Front-Minimum
A. Thirty (30) feet; _ . .
SectionA.2.Zr SIde - Minimum ,.
A. Twenty (20) feet .
Section 9.2.3 Rear - Minimum
A. Twenty five C15) feet
Section 93: Setback -Second Floor
Section 9.3.1: Front-Minimum
A. Thirty (30) feet , i~; ., , , :,;.
Section 93.2: Side -Minimum:
A. Twenty (20) feet.
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Section 933: Rear-Mialm~ _ „`~.'
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A. Twenty-Hve (25) feet . .
Section 9.4: Hdght of Principal Bnikllngs and Strnttntes:
Section 9.4.1: Maximum Height:
A. Height shall not exceed twenty-eight (28) ft. The number of "stones is not
regulated.
B. Fireplace chimney, antennas or other appurtenances are excluded from the 28 ft.
height resMction.
Section 9.4.2: Areas Designated for One-Story Limiption: 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 (i8) 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.
ORDINANCE 1452 (A)
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Section 9.4.3: Hillside Areas: The above Section 9.4.1 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 consideration 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 9.4.4: Ridgelinea : 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 Secton 4.24 of Ordinance 1453.
SECTION 10: PARKING
Section 10.1: Puking Spas Requirement:
A. Two (2) enclosed garage parking spaces, plus two (2) open driveway spaces per dwelling
unit, except farm labor camps for migrant or temporary laborers.
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 wvered spaces.
C. In cases where trucks, tractors or farm equipment are regularly parked on site within
two hundred feet (200') of a public street or road, such parking places shall be screened
from sight of the street.
Section 10.2 Size of Guagr. Enclosed garages shall provide unobstructed space, i.e.
urwbstructed by walls, potential appliance locations, etc., over an internal area enrnmpassing
two (2) puking spaces measuring 10 ft. by 20 ft.
SECTION 11: ACCESSORY BUILDINGS/STRUCTURES -SETBACKS,'
COVERAGE & HEIGHT
Section 11.1: Detached Accessory Buildings:
Section 11.Li: Coverage -Maximum: Thirty percent (30%) of the usable rear yard area.
Section 11.1.2 Setbacly Main Building-Minimum:
A. Five (5) ft. minimum setback (measured between eaves) from main structure.
B. Small portable storage buildings, loss than six (6) ft. in height, which are not attached
to a building, permanent foundation or pad, may locate in the side yard, provided that
no portion of said building encroaches closer than three (3) ft. to any property line..
Section li.L3: Front Setback -Minimum: Thirty (30) ft.
Section S1.L4: General Setbacks -Minimum: Three (3) k. from any property line.
Sectlon S1.L5: Comer Lots: Street side yard setback must equal a minimum of 15 ft.
Twenty (20) feet t required if the property is a turner lot adjacent to a key lot.
•Section i1.L~ 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.
ORDLVANCE 1452 (A) • • '
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Secdon i1.L7: Height: Detached non-agricultural accessory buildings shall be limited to
single-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 Hnished 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 Hfteen (15) feet, as described in the table below.
party Line
f
f
,
~ Acceseory Bullding
t 12'
s
i
lOS _
HIICHT SETBACK
_. T 3.0'
8' 4S'
9' 6.0'
10' 7.5'
11' 9.0'
12' 10.5'
13' 12.0'
14' 13.5'
15' 15.0'
The height. of detached accessory buUdings for agricultural use Ls not restricted, provided
that the buildings are of a design and height wual for that purpose.
Section 11.2: .Attached Acceuory Bulldinat:
Secdon 11.21: General: Observe setbacks, height and coverage regulations applicable to
the main building.
Secdon 31.22: Unencloaed Patio Coven: May extend as close as ten (10) ft. to the rear
property line.
Secdon 11.2.3: Reaeadorui Structures: Reaeadonal structures with a floor or step height
greater than eighteen (18) inches above any point of adjoining Hnished grade must set back
ten (10) ft. from any property line
Section 11.24: Attached Agrlcnltnrai Buildings, Height: The height of attached
accessory buildings for agricultural uses is not resMcted, provided that the buildings are of
a design and height wual for that purpose.
Section 113: Decks and Patios • Setbacks:
Secdon 113.1: First floor.
A. First floor decks or patios may enaoaeh three (3) feet into front setbacks.
B. If Hoor or step height is greater than eighteen (18) inches measured from any point of
adjoining Hnished grade, then minimum setback from anyproperty line mwt [,goal ten
(10) ft.
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ORDINANCE 1452 (A) • '
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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 line must
equal three (3) ft.
Section 11.3.2: Second Floor
A. Front -May encroach three (3) ft. into front setback for main building.
B. Side -Minimum: Twenty (20) ft.
C. Rear- Minlmnm: Twenty-five (25) ft.
SECTION 12: PROJECTIONS INTO REQUIRED YARDS
Seaton 12.k .Architectural features (not including patio covets) may extend Into a required
yard a distance not exceeding three (3) ft., provided thaf no architecturel~feature or
combination thereof, whether a portion of a prirrcipal or auxiliary structure, may extend closer
than three (3) feet to any property line.
SECTION 13: EXISTING STRUCTURES
Section 13.L• 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 sL-+ilar projections, may be extended horizontally along the existing 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. In no case shall
any wall plane of a first story addition be placed closer than three (3) feet to any property sine.
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
Section 14.1.1 Prescriptive Requittments:
A. Maximum Size of Second Unit The gross building area of the semnd dweling shall not
exceed 640 square feet of living space, exdusive of decks and garages.
B. Setbacks, Height, Lot Coverage: The setback, height and coverage requirements of this
Ordituuue shall apply to a second unit.
C. Dimt Access: The second unit shall have direct access without going through the
principal dwelling.
D. Off-Street Parking: One (i) FnncNonally independent, paved off-street parking spaces
shall be provided for the second unit in addition to required spaces for the prindpal
dwelling.
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ORDINANCE 1452 (A) • • '
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E. Owner Occupancy: The owner must reside on the premises in the principal (initiaq or
second dwelling. A deed restriction setting tocth this occupanty requirement shall be
recorded prior to granting a building permit for a new dwelling unit or granting
occupanty 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.
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-famt7y zoned and developed properties. Exterior staircases solely for access to a
second unit should be avoided.
C. Archltectunt 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 principal 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.
Section 14.2: NarConforming Second Unit:
Section 14.2.1: 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 inning ordinances at the time of the construction of the unit, is
an illegal structure and activity.
Section 14.2.2 The owner of an illegal second unit may submit a use permit application 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 lx SOLAR DESIGN
Section 15.1: The setbacks and height restrictions outlined in the above sections may be
varied for passive or active solar design features provided said variatioro 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 pennit
application.
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SECTION 16: INTERPRETATION BY THE PLANNING DIRECTOR
Section 16.1: The Director of Planning and Development shall be empowered to make
reasonable interpretations of the rcgulaHons 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: SEVERABTLTTY CLAUSE
Section 17.1: If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason held to be unrnnstitutional, such decision shall not 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, sentence, clause or phrase hereof, irrespective of
the fact that any one or more sections, subsections, sentences, clauses or phrases be declared
unconstitutional.
SECTION 18: PUBLISHING CLAUSE
Section 18.k The City Clerk is hereby authorized and directed to rouse a certified copy 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 Ctty, published and circulated in the City of
Cupertrw.
SECTION 19: EFFECTIVE DATE
Section 19.L• This Ordinance No. 1452 shall take effect and be to full force thirty (30) days
after its enactment.
INTRODUCED at a regular meeting of the City Coundl of the City of Cupertino on this 20th
day of June 1988 and ENACTED at a regular meeting of the City Coundl of the City of
Cupertino this ~hday of Ju1y1988, by the following vote:
VOTE: COUNCIL MEMBERS
AYES: Johnson. Koppel, Plungy, Rogers, Gatto
NAYS: None
ABSTAIN: None
ABSENT:
A7TE APPR VED:
Dorothy Co us 1 hn tto
City Clerk ayo