Ordinance 1453
ORDINANCE N0.1453
AN ORDINANCE OF THE CITY OF CUPERTINO
REPEALING CERTAIN SECTIONS OF VARIOUS ORDINANCES
OUTLINED IN SECTION 2 AND ESTABLISHING
DEFINITION OF TERMS
APPLIED UNIFORMLY IN THE (A) AGRICULTURAL, (A-)) AGRICULTURAL
RESIDENTIAL, (Rt) RESIDENTIAL, SINGLE-FAMILY AND (RHS} RESIDENTIAL
HILLSIDE SLOPE DENSITY ZONES
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
SECTION l: AMENDMENT
Section 1.1: Ordinance 220 of the City of Cupertino is hereby amended by adding this
Ordinance No. 1453. .
SECTION 2 REPEALING CLAUSE
Section 2.1: Section 5 of Ordinance 1238, and Section 5 of Ordinance 1374, and all other
Ordinances or subsections thereof heretofore enacted in tontiict with this Ordinance No. 1453
are hereby repealed to the extent that they vary from the provisions of this Ordinance.'
SECTION 3: PURPOSES
Section 3.1: The purpose of this Ordinance is to establish a uniform series of definitions for
technical terms commonly used in zoning districts permitting single family. detached
residential uses. These defisiltions are intended to facilitate public convenience by eliminating
conflicting fnterpretatlon of technical terms when appUed between residential' zoning districts.
SECTION4: DEFINITIONS
Section 4.L• Animal (AdulU: Any animal four (4} months of age or older.
Section 4Z
Section 4.3:
Section 4.4:
Anhui (Large): Any equine, bovine, sheep, goat or swine or similar domestic
or wild animal as detersnirsed by the Plasusing Commission
Architectural Feature: Any part or appurtenance of a building or structure
which is not an integral portion of the living area of said building or structure.
Examples include: cornices, canopies, eaves, awnings, fireplaces or projecting
window elements. Patio covers or any projection of the floor area shall not
corutitute an architectural projection.
Grose Lot Areas The horizontal area included within the. property }toes of a
site plus the street area bounded by the street centerline up to thirty (30) feet
distant from the property line, the street right of way line and the extended
side yard to the street centerline. ~%+
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ORDINANCE No 1453 (Definitions)
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Section 4S: Average Percent of Slope: The ratio between vertical and horizontal distance
expressed in percent; the mathematical expression is based upon the formula
described below:
S.jxLx100
A
5 • Average slope of ground in percent
I .Contour Interval in feet
L ~ Combined length in feet of all contours on parcel
A • Area of parcel in square feet
Section 4.ti: Building: Any structure intended for occupancy by any person or animel, or
storage building not otherwise intended for habitation.
Section 4.7: Buiidtng, Accessory: Any building or structure serving a use subordinate or
inddental to the use of the main building on a lot. Examples: Detached garage,
permanent covered playpen, tool shed, decks, grcenhouse, arcade, breezeway,
covered walkway or patio cover. Fences eight (8) ft. or less in height are not
accessory structures.
Section 4.8: Building(s), Attached: Buildings which are physically connected by any
structural members or wall, excluding decks, patios or fences.
SectIon4.9: Building Coverage: That portion of the net lot area encompassed within
the outermost wall line which defines a building enclosure.
Section 4atk .Building, Detached: Buildings which are not physically connected by any
structural members or walls, excluding decks, patios, or fentty.
Section 4.11: Day Care Homes, Family: A family home non-institutional in character,
which provides day ran: only, with or without compensation, for not mom than
siz (6) children under eighteen (18) years of age, including the provider
family's children under twelve (12) years of age. _
Section4.1Z: Day Cue Homes, Speelal: A family home non-institutional in character,
which provides day care only, with or without compensation, for seven (~ to
twelve (12) children inclusive under eighteen (18) years of age, including the
children of the provider family under twelve (12) years of age.
Section 4.13: Dwelling Unit, Principal: A building space used exclusively for residential
occupanty by one family, with facilities for living and the cooking and/or
preparation of food.
Seaton 4.34s Dwelling Unit, Second: A dwelling unit with facilities for living acid the
cooking and/or preparation of food, which is in addition to the principal or
initial dwelling unit located on a single lot or parcel
ORDINANCE No. 1453 (Definitions)
Page 3
Section 4.IS: Driveway, Curved: A driveway with access to the front property Ilne
which enter the garage fmm the side at an angle of ti0 degrees or greater to the
.front curb line and which contains a functional twenty (20) foot deep parking
area that does not overhang the front property line..._,
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Seetion4.itK Family, Single: One or more persons related to each other by blood,
marriage, legal adoption, or foster parenthood, or no more than four (4)
unrelated persons living together as a single housekeeping unit with a single
kitchen, together with necessary domestic employees, if any. For purposes of
this definition, asingle-family may also include any combination of related
and unrelated persons, but, in no case, shall the total number of unrelated
persons, but, in no case, small the total number of unrelated persons, excluding
necessary domestic employees, exceed four.
Section 4.17r Floor, First: That portion of a stnuture less than or equal to twenty (20) feet
in height, tiurough which a vertical Hne extending fmm the highest point of
exterior rnrotruction to the appropriate adjoining grade, as defined in Section
4.24, passes through one story.
Section 4.1& Floor, Second: That portion of stnreture which meets either of the following
uiteria: '
A) That portlon of a structure exceeding twenty (20) feet In height through
which a vertical line extending from the highest point of exterior
-construction to the appmpriate adjoining grade, as defined in Section 4.24,
passes through one ~ more stories.
B) That portion of a structure, regardless of height, through which a vertical
line.extending from the highest point of exterior construction to the
appropriate adjoining grade, as defined in Section 4.24, passes through
more than one story.
Section 4.19s Floor Alta, Cross: The total floor space of all floors of a building measured to
the surrounding exterior walls, including but not limited to roof lines, exterior
galls or other external elements of the building envelope system.
Section 4.20: Floor Area Ratio: The area included within the surrounding exterior walls of
a building or portion thereof, inclusive of staircases, closets, vent shafts and
atriums, divided by the net lot ama.
ORDQJANCE No. 1453 (Definitions)
Page 4
Section 4.21: Guage: A completely enclosed building or part of a building intended and
designed to accommodate motor vehicles.
Section 4.22 Group Cue ActivItles: A residential care facility providing continuous care for
six (6) or fewer persons on atwenty-four (24) hour basis which requires licensing
by a governmental agency.
Section 4.23: Habitable Floor. The horizontal space between a floor area of at least
seventy square feet and the ceiling height measuring at least 7 feet 6 inches
above it, except for a kitchen which shall have a ceiling height not less than 7
feet above said floor.
Section 4.24: Height of BuIlding:
A) General: The vertical distance through all sections of the building between
the average of the highest finished grade adjacent to the building and the
lowest finished grade adjacent to the building, or other structure, to the
highest point of exterior construction of said building or structure, exclusive
of radio and television antennas.
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B) Adjacent toProminentRidgelines: For properties on or adjacent to a
Prominent RidgeUne as defined by the City Conttdl, building height shall
i be rneaaured from the average natural adjacent grade for all vertical
sections through the structure, to the highest point of exterior rnnstructton
of said building or structure, exclusive of radio and television antennas.
Height restriction shall be established by cutting sections through the
structure perpendicular to the site's natural topographic contours. The
average natural grade for each section shall be determined by the mean of
the highest and lowest natural grades adjacent to the structure.
Seetlon 4.2x Honsehold Pets: Small animals commonly found in single-family residential
areas such as chickens, ducks, geese, rabbits, dogs, eats, etc., but excluding
animals such as any bovine or equine animal, or any sheep, goat or swine, or any
wild or dangerous animal.
Section 4.26: Household Pets, Small: Small animals in contained habitats generally
located in the principal building or accessory buildings of residential lots, such
as hamsters, fish, birds, etc., but excluding a-1 animals defined as "householc
pets".
ORDINANCE No. 1453 (D~:finitions)
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Section 4.27: Legal Substandard Lot: Any parcel of land or lot recorded and legally
created by the County or City prior to March 17,1980, which lot or parcel is of
less area than required in the zone; or lots or parcels of record which are
reduced to a substandard lot size as a result of required street dedication unless
otherwise provided in the City of Cupertino General Plan.
The owner of a legally created, substandard property which is less than b,000
sq. ft. but equal to or greater than 5,000 square feet may utilize satd parcel for
residential purposes. The owner of a legally created parcel of less than 5,000
sq. ft. may also develop said site as a single family residential building site if
it can be demonstrated that the property was not under the same ownership as
any oontlguous property on the same street frontage as of or after July 1,1984.
Section 4.2f1: Net Lot Area: The total horizontal area included within the property Iines of
a site, excluding the following:
1) Any portion of a site within the right of way of an existing public street.
2) The portion of a flag lot constituting the access corridor lying between the
front property line and the frontage Une of the corridor at the street.
3) The full width of any legal casement used for asses purposes.
Section 4.29: Lot, Comer. A lot abutting upon two or more streets at their intersections, or
upon two parts of the same street, forming an interior angle of less than one
hundred thirty five (135) degrees within the lot lines.
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Section 4.30: Lot Depth: The lot depth shall be calculated as the average of the side lot
lines or in the case of more than two side lot-lines a the average of several
Una nrnrdrtg the depth of the bt as detemdned by the Director of Planning and
Development. - _ _ ..
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ORDINANCE No. 1453 (Definitions)
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Section 43L• Lot, Flag: An interior lot with a lot width of less -han 40 ft. measured 20 ft.
back of the front lot line, on which the buildable area of the tot is located to
the rear of a lot(s) which abuts the same public or private street.
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Sectioa 4.3r Lot, Flag, Front Setback Area: That area extending across the full extent of
the buildable portion of a flag lot measured from the property line which is
parallel to and nearest the street line and at which point the lot width equals
a minimum of sixty (60) h. The Planning Commission shall have the discretion
to modify the provisions of this definition when it improves the design
relatbtuhlp of the proposed building(s) b adjacent buildings or parcels.
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Section 4.33: Lot, Interior. Any lot over than a corner bt.
Sectioa 434: Lof: Keys The fire bt b the rear of a corner lot, the front lot line of which is
a continuation of the side line of the corner bt, whether or not separated by an
alley.
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ORDINANCE No. 1453 (Definitions)
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Section 4.35: Lot Width: The lot width is measured by a line corresponding to the length
of the Itneal, or radial (in the case of a curved front lot sine) front setback Une.
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Sectioa 4.36e , Propetty, Adjolntng: Any unit of real property, excluding lands used as pobllc
streets, sharing one or more cotnrnon points with another property.
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Section 4.37s Setback Area, Front Yud: That area extending across the fuU extent of a lot,
.bordered by a public or private street and a setback line parallel thereto at a
disfattce established by this Ordirwnce. The Planning Commission shall have
he discretion to modify the provisions of this definition whenit can be Eound
That the proposed modifications will improve the design relationship of the
proposed building(s) to adjacent buildings or parcels.
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ORDINANCE No. 1453 (Definitions)
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Sectlon 4.3& Setback Area, Reu Yud: That area extending across the full extent of a lot
bounded by the lot line(s) which is/are opposite (i.e., in a contrary direction)
the front yard area, and the reu yard setback line of the main building.
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Section 4.39: Setback Area, Required: The open space, unoccupied and unobstructed from
the ground upward, except as otherwise provided [n th[s Ordinance.
Section 4.41k Setback Area, Side Yard: That area between the front and rear building
setback Tines and between the connecting property lines and a parallel line
thereto at a distance as prescribed !n this Ordinance.
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Sectlon 4.41: ' ' Setback Area, Usable Rear. That area bounded by the rear lot lir-es(s) and
the rear building lirr extended to the side lot lines: The side yard adJacent to a
'proposed minor addition (e.g., addition equalling ten percent or less of the
principal structure) maybe included in calculation of usable rear yard area.
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ORDQVANCE No. 1453 (Definitions)
Page 9
Section 4.42 Site Development Plan: A plan or plans exhibiting the following
information:
- Plot plan.
- Ccading plan describing existing and proposed topography.
- Location of each proposed structure.
- Location of existing natural vegetation that will be affected by construction
activities.
- Erosion control plan prepared by a Registered Landscape Architect -
describing eroston control measures for all cut and fill slopes.
- Fendng Plan -describing all solid board fencing.
- Tree planting plan.
Section 4.43s Story: The space between a floor and the ceiling above it, used for rosidendal
purposes, garages, or as a working space. A wall plane with a surface
submerged 75% or more below adpining finished grade shall not be included for
purposes of deterntWng vertical accumulation of building stories.
Section 4.44: Structure: That which is built or constructed, an edifice or building of any
kind, or any piece of work artifidally built up or composed of parts joined
Together in some defuute manner.
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Section 4.45: Structure, Recreational: Any accessory building or portion thereof, which
functions for play, relations, or exerdse (e.g. pool slides, play houses, tree
houses, gazebos, decks, patios, hot tubs, pools)
Section 4.4& Vegetation The word "vegetation", as used in the Ordinance shall mean
plants, shrubs, grasses, trees, and roots thereof.
SECTION 5: INTERPRETATION BY THE PLANNING DIRECTOR
Section 5.1: 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 Commiss(fln in writing for
review of said interpretation.
SECTION & SEVEIiABILITY CLAUSE
Section 6.1: If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason held to be unrnnstitutionai, 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 Ordirunce and each section, subsection, senterux, clause or phrase hereof, Irrespective of
the fact that any one or more sections, subsections, sentences, clauses or phrases be declared
unconstitutional.
SECTTON 7: PUBLISHING CLAUSE
Section 7.1: The City Clerk is hereby authorized and directed to cause a certified copy 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.
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ORDINANCE No. 1453 (Definitions)
Page 10
SECTION & EFFECTIVE DATE
Section 8.1: This Ordinance No. 1452 shall take effect and be in full force thirty (30) days
after its enactmer-t.
IIVTRODUCED at a regular meeting of the City Councl of the City of Cupertino on this 20th
day of June 1988 and ENACTED at a regular meeting of the City Council of the City of
Cupertino thb Sthday pf Ju1y1988, by the following vote:
VOTE: COUNCIL MEMBERS
AYES: Johnson, Koppel, Plungy, Rogete, Gatto
NAYS: None
ABSTAIN: None
ABSENT: None