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Ordinance 1527• ORDINANCE N0. 1527 AN CADINANCE OF ~ QTY OF CIIPERTItIO AME~27DING ORDT2~NCE 1449 (SIIJGL,E FAI~fILY RFSIDFNPIAL) ZONE ORDIt~Bf2JCE 1451 (AGRICLAAiff2AL RESIDENIZAL) ZONE ANO Ct~INANCE 1452 (AGRIC~lI[JRAL~) ?ANE ~I2~U1b(CE 575 (DUPLEX) ZCt7E ORDIt~U1bTCCE 1450 (NII.LSIDE RESSIDENrIAL) ZONE AND FINANCE 779 TU PRJVIDE FOR REPiACfl~IFNP OF FJCCSI'Ir1G DWELLING UNIZS DES~YFD BY INWLtF7PAAY ALTIONS OR BY OCNSDQ(JfNCE OF NA'ILIItAL DISASTER 'IHE GTPY CDIIIdC'II. OF RHE QTY OF CxJPFI2PIrJ0 DOES ORLIAIN AS FULLAWS: SBA 1: PD~USB Section 1.1: Ttse purpoEe o: this Ordinance is to add amending text to the above described residential zoning districts to allow far the replacement oP the existing rmt~ber of dwelling unite ors the site, and in the same buildirri oonfiguratiat, when said emits era destroyed by a natural disaster, act of God ar other irnvluntary action, when such units are non-oonformirg in relationship to minia~aa lot area per dwelling, setbacks and lot coverage, ar other prescriptive requirenents of the underlying zoning district. S8'~i 2: Section 2.1: Any section, subsecti~,, clause ar paragraph of any Ordinance heretofore enacted in conflict .with the pz~ovisions of this Ordintiirsoo No. is hereby repealed to the extent that suds antecedent legislation would alter the provisions of this 02dinar~oe. S~J 3: ~ICI~ Sectirn 3.1: Except as provided in this ...Section, all words and terns contained in this Ordinance shall have their meaning ins ccnmon use, except where suds woz+ds ar terns are specifically defined in ordinance 2453. S~OYi 4: 11?II+H!~ Section 4.1: Zlsere shall be added to Ordinance 1449 (Single Family Residential Zone) the following text oonstitutirg Section 12.2 thereof: S~ecdrim 12.2: Aeglao®att of Iegal Non-C1~~fonfinq Buildirt~: Notwithstanding anY contrary Provision of this Chapter, a residential building which Eras legally in existence on a site at the time suds building was destxvyed by any natural disaster ar by any other pose cony be replaced at the owners option as it existed prc~far to suds destiuctim even if said building is rsa~-oonfozmirq with regard to minimum lot area, lot ooverdc~s, setbacks, parking ar other pre-scsiPtiv'e zrnin4 z+equireoelrts, provided, however, that this section shall not apply to any destiz~ction of the building ar other imprnvao~ts whirls results from willful actions of,.the Pr'opertY owner. C~2D]2U~DiCE ~ • 04/16/90 Page - 2 - Zhis provision does rnt apply to those buildings which: 1) are illegal (g.g., oot>stzucted without a valid building permit.) 2) have been abated as public niicatv~e~ 3) are Located an sites in whics the use is rsort-catfot;mirxg `: ''"".'~°'ID all fie, plumbing, electrical, building other life safety codes in effect at the time replaoenerrt - ooaus. She term "building" as used in this prwisian tsttali refer to the principal stnscttus3 aryl aoo~sso~y buildirt9s suds as car parts, garages, .utility sheds and trash encloteses. Section 4.2: Ztsere shall be added to oidinanoe 575. (Duplex Residential Zane) the following text oassstitutinq section 7.3 thereof: section 7.3: Aeplnoet~est of Iec$1 lirn-~araini Btsi]dings: t7otwithstarsding arty oatttrary provision of this Qsapter, a residential building which was legally in existence on a site at the time such building was destroyed by any natural disaster ar by arsy other cause may be replaced at the oFrrters option as it existed priar to such destruction even if said building is non-oatfcamirg with regard to miniman lot area, lot coverage, setbacks, parking ar other prescriptive zoning requirements, provided, ttaraever, that this section shall not apply to any destruction of the building ar other. itts which results from willful action of the: Pi'oP~Y arrrter. Ztsis pnovisiors does not apply to those buildings which: 1) tme illegal (g.g., oonsrructed without a valid building permit ) 2) lave beers abated as public nuisances 3) anti located an sites in which the use is nanrcottfcx~mirtg Nty building replaced order this provision stall conform to all fire, plumbing, electrical, building and other life safety codes in effect at the time replaoanent ooaas. 4he term "building" as used in this provision stall refer to the principal structure arxi aooessory buildings suds as car parts, garages, utility sheds and trash enclostmes. oRnamtx~ 1'dge - 3 - • 04/16/90 Section 4.3: There shall be added to Ordinance 779 (Multiple Family Faesidential Zaie) the following text constituting Section 7.3 thereof: Sleotion 7.3: A~at>~!t ~ ~1 Na-~~nPosilr3 ~ ~r~ ~ ~ °°ntr'dr5' Prwisirn oP existence ar a site at the mine which was legally in destroyed by any'. natural disaster ar by any aty~cause to such~destzvetior~i ~ °~ on as it. existed prior ricrraontan-ming with reed to minim ~ lot~a e~ lot coverage, setbacks, parking ar other. P~-~riptive zoning marts, provided, howeviaz~, that this section shall ~ apP1Y ~ arry destruction o! the building ar other s ~~ results Pram wi11Rt], acticrl o! the p~Pe~rtY owner. This prwision does not apply to those buildings whidi; 1) ara illegal (g.g., oonstrveked without a valid 2) have a~ted~)as public ruisarnes 3) are located on sites in whid- the use is nm-oonPcuming AnY building replaced under this provision shall oonlarm to 'all.. fire, pltm~bing, electrical, building aryl other ..lips solely codes in effect at the time replacement oocvrs. The term "buildirrl" as used in this pn~ovision shall refer to .the. Principal structsu+e and aaoeseory buildings suds enclastrzes.~s~ ~~s' utility sheds and trash Section 4.4: There shall be added to ordinance 1452 (Agriwltasal Zane) the Pollowir~q text constituting section 13.2 thereof: 9ectial 13.2: Aepl,- ~ ~1 thisthis Qrapter, a resi~ ~5' oontrarY Prvvisiomdof existence m a site at thbe time ~ ~1~1 ~ destz~oyed by any natural disaster ar by are, other cause may be replaced at the oi+r~ers option as it existed priar to suds destruction even if said building is rtat-oonformi.rg with regard to minimmm lot area, lot oO~~• mss. Pang ar other larseriptive z ~, Pr'~~d, however, that this sectirn s ~l not apP1Y to anY destruction o! the building ar other marts which results Fran willflrl action of the property owirs. ~ ~ ~ 04/16/90 Page - 4 - this pm~vision does not apply to those buildings which: i) are illegal {g.g., cacssYsvc:ted without a valid building permit,) 2) have been abated as public nuisances 3) are located on sites in whid~ the use is rpn-wnfo~atirxJ ~Y builr9iM replaced under thin provision shall oa1fo21n to all lis+e, Plumbing, electsicai, building and other life safety cedes in effect at the time replacement ooc~trs. 7rie term "building" as used in this provision shall refer to the principal slzucttag and accessory buildings such e~nclos~~ • Pte. 9~'~. utility sheds aril trash Section 4.5: There shall ba added to Ordinance 1451 (Agricultural-Iesidential Zane) the following text constitutitx~ Section 13.2 thereof: 9ec**.iQ! 13.2: Aeg]ao~ent af' ig~ai !fit-~~~q ~ ngs: Notwithstandirr~ an}' eartraxY ~+isim of Q~apter, a residential building whidr was legally in ertist~oe an a site at the time sum building was der~troyed by arty natural di Caro,- ar by, may, other cause may be replaced at the owners option as it existed prior to such destruction even if said building is rnct~oonfarmirxl with regard to minimm lot area, lot ~'d9's~ ~*}'~"''~, P~~1 ~' o'ther' prescriptive zoning requirements, provided, however, that this section shall aPP1Y ~ ~Y destrvctirn of the building or other 3nQrcovements which results Fran willful action of the pxnperty owner. Zhis provision does not apply to three buildings which: , 1) are illegal (g.g., ar~ted without a .valid building permit.) 2) have been abated as public nuisances 3) are located on sites in whic3r the use is Wort-oanfarmirg Arty building replaced order this provision shall conform to all fire, plumbing, electrical, building ars3 other life safety codes in effect at the time r+eplac®ent oocatra. Tt1a term "building^ as used in this provision shall refer to the principal strticta+e and saoessory boil as car ports, garages, utility sheds ar~trash'' enclas~a~es. i p~ _ 6 _ ~ 04J16/90 S~.`,mQJ 7: ffirPt~~IyS OMS Section 7.i: his No. 1527 shall talcs effect and be in full force and effect thirty (30} days- after its er~ertt, INIR00[)C~D at a regular of the city Councj,l;,of the City of Cupertino an this 16th dam y off q~iL, .139.and II~CPEDr at a regular ~tin<I of the city Council rn t3sis ?l:.h._ ~Y of ~; .. 1.24x_ by the following vote: RIPE: ~ _: ' naen, Szabot'Rogers -- NOES: Noneman Sore ABS'PAIN: None ~: Koppel • APPl~VJD $; ~1~. ~ _ City Clerk. Deputy Mgt. . ~ 3.s,.A..t ..,~.,..r Ct>.r f;:"Sts .. ... .. .~E ~1,~':L'.4~'~ ~Y2'L? ~~ r. .. -~~w .___ ~l, ~. ,_ .. r~. ~ _ ~xr ~~r~~~° _,_, .. i, .. ~- 2'~ c aRDIDiAtdCE ~ ~ 04/16/90 Page - 5 - Section 4.6: Zhere shall be added to Ordinance 1450 (Residential Hillside Zone) the tollawing text constituting Section 15.2 thereof: Sec*33~on 15.2: Aeplaoa~nt at Iecpl tlQe-~r~foc~irq HuildinYp: Notwithstanding any oartrary pmwision of thi® Chapter, a residential building whidl was legally in eocistonoe an a site at -the time such building was destroyed by arty natural disaster ar by any other cause may be replaced at the owners option as it Qxisted priar to such dastsuction even if said building fs tnn-oonfarmirq with regard to minim~~ lot area, lot ~~s. P~~xl ar other prescriptive 2onirri requirsm~ts, pmovided, however, that this section stsall not apply to any destruction of the building ar other ia~ovements which results from willful action of the property weer. this provision does not apply to those buildings which: , 1j are illegal (g.g., oonstnrcted without a valid ' builditx) permit.) 2j have been abated as public nuisanoPS 3) are located on sites irs whirls the use is non-~oanfarmi~ Any buildirxJ replaced under this provision shall ooasfarm to all fire, plumbing, electaical, building an3 other life safety codes in effect at the time replacement ooaas. 1lsa term "building" as used in this provision shall refer.. to the principal stzix-tssre and aooess~y buildings sufi as car parts, garages, utility sheds and trash enclasurea. SR<.'J'DQi 5: .IIY C[ALSB Section 5.1: If any section, subsectirn, serrtersoe, clause ar phrase of this C~iinanoe is for any reasrn held to be su~oonstitutional, such decisim shall not affect the validity of the remaining pardons of this Orsiinanoe. ~e legislative body hereby declares that it would have passed this Otsiinanoe and each sectim, subsec.~tim, clause ar phrase thereof, irrespec-'rive of the fact that any case ar mare section, subsection, clause ar phrase be declared ta:oonstituticnal. Ski 6: Pf~s~~ CIA[SS Section 6.1: 'lhe City Clerk is her+et:y authorized artd directed to cause a certified Dopy of this Ordinance to be published at least arcs within fifteen (15) days after its enactment in the Cupertino Cosier, the official newspaper of the City, published arxi circulated in the City of Cupertino.