Ordinance 0991 ` ~ ORDINANCE NO. 991 ~
AN ORDII~ANCE OF TEiE CI1Y ~F CUPERTINO REPEALING CERTAIN
ORDINANCES OUTLINED IN SEC'fION 2 AND ESTABLISHING AN
, ORDINANCE RECULATING RESIDEHTIAL SINGLE-FAMILY {R-1)
ZONES
TEiE CITY COUNCIL OF THE CITY OP CUPERTTNO DOES ORDAIN AS FOLLOIiS:
SEC'fION 1: AMENDMENT
Section 1.1: Ordinanca 220 of the Citq of Cupertiao, California, ia
hereby amended by adding thia Ordinance No. 991 .
SECTION 2: REPEALING CLAU3E •
Section 2.1: All ordinancea heratofora eaacCed in conflict vith thia
Ordinance No. 991 ara hereby repealed to tha exteat thar theq vould vary tha
provisioas of thie Ordinance.
Section 2.2: Ordinance 220(n), Ordiaance 674, and Ordinaqce 786 are
hereby repealed se of tha effactive date of this Ordinance No.;'991.
! SECTZON 3: PURPOSE
Seceion 3.1: The purpose of Chis Ordinance is to nstablish a zone per-
mitting aingle-family resideneial uses and establiah the regulations pnrtain-
ing [hereto. These ragulatioas are inteaded to guide Euture single-family
resideatial development and enaure a healthq, functional anvironment for
future residenta wi[hin proposed developaente and batveen adjoiaing parcele.
SECTION 4: APPLICATION
Section 4.1: No building, atructure or land ehall be uaed, aad no build-
ing or atructure ahall be hereafter ezected, structurally altered or enlargad
in a raeidential aingle-family (R-1) zone, othenriae than in conformaace with tha
follwing proviaione;
a. Ueea, buildinge and atructurea lawfullp in exiatence at
the time this Ordinance No. 991 takea effect may remain
as long as no alterations take place, and
b. Except on thoee legal non-confornti.ng atructurea or parcels of
land ae permitted bq the City's Ordinance regulatiag aod-
conforming uees or ite succeaeor.
SEC'ITON 5: DEFINITIONS
Section 5.1: Buildinq: Any structure intended for tha ahelter; ~uaing
or encloaure, or all, of any pereon, animal or chattel.
Section 5.2: Huilding/a Attached: Buildings whose ~ralls and/or roofe
couch each other, either for the entire length of a wall or roaf, or for lesa
than [he length of a vall or roof, or in a cocner-to-corner r~l8tion.
Section 5.3: GaraRe: A completely enclosed building or part of a
building intended and designed to acco~odate motor vehiclea.
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~ Section 5.4: Group Care Activitiea: A residential cara facility provid-
I ing continuous cara for si~c (6) or fewar pezsone on a twenty-four (24) hour
' basis vhich requirea llceneing by a governmental agency. ,
Section 5.5: Heizht of Buildinq: The vertical diatance ftom the average
of the highest aad the lot+est fiaiahed grade adjaceat to a buildingy or othar
structure. to the highest polnt of sald building or etructure, excluaive of
radio or television aerials.
Building/Site Cross Saction
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building ~
height ~
finished,grade.
higheat finiahed grade
average finished grade
~ ~ loweet finished grade
Section 5.6: Houaehold Peta: Small animals commonly found in single-
familq reaidential areas such as chickeno, ducke. geese, rabbits~ doga, c~x~~
ecc, but excluding animals such ae any bovine or equina animal, or any aheep~
goat or swine.
Section 5.7: Household Peta, Small: Small animals in contained habitats
generally located in the main building or acceseory buildings of residential
lota, such as kamscers, Fiah, birda. etc. but excluding all animals defined as
"househol.i pets",
Section 5.8: Lot. Corner: A lot abutting upon two or more atreets at
their interaections, or upon tw parta of che same atreat, such streeta or parta
of the same atreet fozmiag an iaterior angle of lesa than one-huculred thirty-five
degrees (135°) srithin the lot lines.
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a propetty lin8
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public stzeet
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Section 5.9: Lot Depth: The lo[ depth shall be calculatad as the average
of the side lot lines or in case oc mora chan cwa side lot linee as the average
of several linea running the depth of the lot ae detetmined by the Director of
Planning aad Development.
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property line
lot 1
a / Lot Depth
~ b loc 1 ~ (a+b+c)=3
r lot 2 ~-(c+d)~2
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Section 5.10: Building, Acceseory: Auq building eerving a uae aubordinate
or incidental to the uae of the main building=on s lot,"and not beiag an integral
part of the atructure of the main building. Examplea; De[ached garage; attached
garaga eithar not located under or above part of the main building~ or atructur-
ally an essential part of that building; parmanent cnvered'playpan. tool shed, decks,
graenhouae, arcade, breazevay, and covered walkvay.'"
Section 5.11: Building L Detached: Buildinga vhich have no joint walls and
dn not touch each othar.
Section 5.12: Day Care Homes, Family: A familq home non-inetitutional in
character, which providea daq care only, with or c+ithout compansation, for not
m re than sia (6) children uader aixteen (16) years of aga, including tha foater
family's childran under aixceen (16) ysars of age.
Section 5.13: Day Care Homea. Special: A family home non-institutional in
character, vhich provides dap care onlp, vith or without compensation, for senen
(7) to ten (10) children inclusive under sixteea (16) years of age, including
the children of the foeter familq under sixteen (16) yeara of age.
Section 5.14: Driveway, Curved: A drivevay Which enters the garage from
che side and which containe a functional twenty (20) foot parking"~ttea th~t does
not overhang the front propertp line.
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curb Line
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Seccinn 5.15: DvellinR Uait: a building epace uaed excluaively for
residential occupancy by one faaily, c+ith facilities for living and the cook-
ing and/or praparaCion of food.
Sectioa 5.16: Family, Sinytle: Oae or more persons related to each other
by blood, matriage, legal adopcion, or foater paranthood, or no ~re than four
(4) unrelated persona, living together ae a stRgle housekeeping unit with a
single kitchen, together vith aeceseary domeatic employeae. if any. Far pur-
poaee of this definitioa, a aingle-family maq also include aay combiastioa of
related aad uarelated peraona, but. in no caae, shall the total number of un-
related persons, excluding neceseary domeatic amployese, exceed fout.
Section 5.17: Lot, Flag: M interior lot with a lot videh o£ lesa.than
40 ft. measured 20 ft. back of the front loc line, on which the buildnble area
of tha lot is located to tha rear of a lot/a which a6uts the same public atreet
right-of-vay.
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¦ buildable € .
' area °
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t6an I
40 ft.
20 ft. l
L ~ ~ Property line _ , . ' .
curb line
public street
Seceion 5.18: Lot, Interior: Any lot other that a corner lot.
Section 5.19: Loc Key: The first lot to the rear of a corner lot, the
front lot line of which is a continuation of the side lis~e of the corner-.lot,
whether or aot aeparated by an alley. .
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Section 5:20: Lot Width: The lot vidth ls measured hy a liue corraspond-
ing to the length oE the lineal, or radial (in the case of a curved front lot
line) front setback line.
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Section 5.21: Setback Area. Front Yard: That area extanding acroea the full
extant of a lot, bordered by a public street right-of-aaq and a aetback line para-
llel thereto at a distance ee[abliahed by this Ordinance; provided, however, ttia[
the Planning Co~isaion ehall have the diacretion to modifq tha ptovieiona of thie ~
definition when it caa be found that tha propoaed modification will improne`the desirn
relationahip of the proposed building(s) to adjacent parcels.
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front qard : :
satback are front building satback liae
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curb line
public street
Section 5.22: Setback Area. Rear Yard: That area extending acrou tha
full extenc of a lot bounded by the lot line/s which is/are oppoeite (i.n. ia a
contrazy direction) the front qard area, and the rear qard aetback line of the
nain building.
rear yard _
se[back ~ea
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Section 5.23: Se[back d• , Required: The opep spaca, un• upied and
unobstructed from the ground up+aard, except as otharvise providad in thia OrdlAance.
Section 5.24: Setback Area Side Yard: That area between che front and rear
building aetback linea and between the conaecting property lines and a parallel
line thereto at a diatance ae preacribed in thie Ordinance.
aide yard aetback' lines
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side yard aetback ~ rear building.satback liae
area
front building setback line
~ ~ ^ property line
curb line
connecting property linea
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Section 5.25: Setback Area, Usable Sear: That area, in aquare feet, bounded
by the rear lot line/e-and the rear building lines extended to the slde lot liaea.
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setback area
slde lot ' side lot line
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line
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curb line
public street
Section 5.26: Storv: The space between a floor and ehe ceiling above ie,
used for residential purposea, garagea, or as a w rking space.. Tha numbsr of storiea
of a buildiag shall be considered equal to the highest nimber of stories in any
vertical section of the bnilding. The restriction;of Che number of storiea ahall
noc prohibit additional basement or attic apace, ased exclusii?elq for storage ar
for machinery seroicitsg the building.
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SECTION 6: PERNITTED USES
Section 6.1: The follwing usea shall be permicted in an R1 zone without tha
requirement of a use permit:
a. Single-family dvelliag unita xith not mota than one (1) dvalling
per lot.
b. Roma Occupationa aubject to approval purauant to the Home Occupa-
tioa Ordiaance (No. 321): of tha City of Cupertino. aa it nov
exieta or may hereafcer be amended. '
c. Accesaory buildinge.
d. Family daq care homee.
' e. Group care activities aerving mentallq disordered or otharwise
handicapped persons or dependent and neglected childrea.
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f. The keeping of not to exceed t4ro (2) dogs over four (4) months of
age, or other houeehold peta noC to szcaed four (4) adulCe (four
months of aga or more) per unit, vith the exception that the n~ber
of "small houeehold pats", as defined heraia. msy exceed four (4)
adulta. These limitationa shall applq except as othercriae provided
in other ordinaaces of the City of Qipertino. _
g. Crop, tree or horticultural farming.
Section 6.2: The followiag uses may be petmltted, subjeet So the apcuring-
of a conditional Use Permit in each separate case, in locationa where they,
in the opinion of the Planning Commisaion, are compatible vith existing and
planned uaea l.n the neighborhood:
a. Special day care homea.
b. Group care activitiea not othnrcrise perml[ted in Section 6.1.
c. The keeping of equine, bovine, aheep, goat or swlne in a single-family
lot larger than 40,000 sq. ft. subject Co Santa Clara Countq health
Departmeat regulations and setback requirements as set forth in the
Cupertino Municipal Code.
d. Home occupations which do not meet a literal interpretation of
the etandards of thn Home Occupation Ordiaance but which in the
opinion of the Planning Co~iasion, meet the intent of the Otdinance.
e. Buildings or atructures ~rhich incorporate solar design featurea that
require variation from setbacka established herein, as deacribed in
Section 13.
f. 'It~o-etory structures ia areas deaignated for a one-story limltation per
Section 8.5.2.
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SECTION 7: LOT AREA ~1ND WIDTH
Section 7.1: Lot Area: Each lot in a residential single-family (R1) zone
shall have an aren in thoueand square feet not leas than iadicated by the number
aFter a daeh in the Zoning Symbol (e.g. 7.5 correaponds to 1,500 square feet
miaimum lot area; 10 corresponds to 10,000 squara feat; 20 correaponda to 20,000
cquare feec, etc.) provided. however, that any parcel of land or lot recorded
and legally created by the City or by the Couaty prior to annexation to the City
may be used as a building aita evea vhea said lot or,parcel ie of leae area Chan
herein required; provided that the cseation of eaid lot or parcel was accompliahed
prior to tha adoption of thia Ordinance; and fusther provided that all other
regulationa prescribed in this Ordlnance ahall apply.
This provielon shall be deemed Co apply to lota or parcels of'record legally
eaisting prior to adoption of this Ordinanca vhich are reduced to a oubatat~dard
j lot si u as a reault of a required etreet dedication unless ocherwiea provided
' Lz [he City of Cupertino Geaeral Plan.
Section 7.2: Lot Width-Minimum:
60 ft. neaaured at the fzont building setback line.
SECTION 8: . BUILDING COVERAGE SETBACKS AND HEIGHT BESTAICTIONS
Section 8.1: Buildlnpt Coveratte - Maximum: _ _
40x of the lot area. ,
Section 8.2: Front Yard Setback - Minimum:
a. 20 ft. .
b. 15 ft. for a curved driveway if: '
1. Drivevay eatera aide of garage. '
2. No more than 50x of che parcela in aay one eract maq havn
curved drivevays.
3. No more than two such 15 ft. setbacka side bq side. •
Section 8.3: Side Yard Setback - Minimum
Section 8.3.1: Sinale-atory Element
a. Five (5) feet.
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b. Tea (10) feet sha12 be provided on at least onn 93de qazd. '
Section 8.3.2: Tw+o-story Elemen[
a. Ten (10) feet.
b. Flag Lot - 1<aenty (20) feet from aay property line.
c. Corner Lot - 1~renty (20) feet from any property line adjacent to the rear
yard of an existing single-family home.
Section 8.3.3: Street Side Yard of a Corner Lot
- Twelve (12) feet.
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SECTION 8.4: Re~Ynrd Setback Mlnimum: •
Section 8.4.1 Single-Story Element:
a. 20 ft.
b. 10 ft, vhere usable rear yard area equals 20 timea the lot width.
Section 8.4.2 Tbro-Storv Element..
25 ft.
SECTION 8.5: Height of Buildinga and Structures:_
Seceion 8.5.1: 'ltro (2) atoriae not to exceed thirty (30)-feat...Acceasorq
buildings shall ba limited to n height of 7 Et. begiaaing at'the 3 ft. antback from
proparty lina. The heighC'may be increqsed by 1 ft. for each additional 1-1/Z ft.
of setback from the property line (correaponding to a 33° angle), up to a ma~mum
height of 15 ft.
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Section 8.5.2: The Plaaning Commiaeion and City Council may preacrlbe
that all buildings in a designated area be limited to ona (1) story in height
(not to exceed 15 ft.) by affixing (i) to the R1 Zoning diatrict; provided. hwever
that [he Planaing, Co~issioa ahall have the diacretioa to delete this restriction through
che granting of a nse permit.
Section 8.5.3: The above section 8.5.1 notvithstanding, in hillside
subdiviaiona with a opes di ten percent (lOx) or greater, aa apAlication may be
submitted bq the property ovner to the Architectural and Site Approval Co~ittee
for an adjuatmant of height regulationa in consideration of topographical features.
SECTION 9• PARRING
Sectioa 9.1t Yarkin S ace Fe uire~nt: Tvo (2) enclosed garage parking
spaces, plus two 2 open drivevay apaces per unit.
Section 9.2: Size of garage: Eacloaed garages ahall provide unobstructed
space (i.e. unobatructed by walls, potential appliance locations, etc.) over an
internal area of 19 ft. x 20 ft.
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' SECTIO!V 10: ACCESSORY BUILDIl7GS/STRUCTURES - SETBACRS
Srccion 10 1• Accesso~uildings which function as Reeational Structures
(e,g, Pool Siides, Plavhouses, Gazebos, Decks and Patios :
Section 10 1 1• Floor or Step Eieight Less than 1B" ~~bqve Auv Point of
Adjoininq Finished Grade:
a. No minimum setback restrictions to the main building.
b. Miaimum 3 ft, aetback to any property line.
Section 10 1 2• Floor or Step Haight Greater than 18" Above Anv Point of
Adioining Finiahed Grade:
a,. Minimum 10 ft, entback from any property line..
b. If datached, minimum 5 ft. setback from eava of main building.
Section 10 1 3: Decka Proiecting from 1~ro-Story Element:
a. Minimum 15 ft. setback to aide property line.
b. Minimum 20 ft, aetback to rear property line.
tfay encroach,3 ft. inta front aetback..
SectioA 10 2 Accessory Buildings Which Do Not Function as Recreational
Structures.
_ _ _
a. If detached, 5 fC. minimum setback (measured between eaves) from
main etructura.
b. Minim~ 3 ft. from aay propnrty line.
c. Small portable storage buildings, lesa than 6 ft, in height, which
are not attached to a building, permanent foundation or pad, may
locate closer that 5 ft., provided that they do not encroach closer
than 3 ft. to aay property line, including the eave overhang.
Section 10 3• Accessorq Building - Lot Coverage: Accessory buildin~
shall not exceed 30X af the usable rear vard area.
Section 10 4• Accessorv Buildings on a Corner tot vhich is ad~acent to_ a
Key Lot - Se[back:
20 feet from the front or slde property line adjacent to a
publie atreet right-of-craq.
SECTION 11: PROJECTIONS INTO REOUIRID YARDS
Section 11.1: Cornices, canopies, eaves, awnings and atheY architectural
features (aot including patio covers) may extend into a required yard a distance
not exceeding three (3) ft.
Section 11.2: Unencloaed Patio Covers:
a, May extend as close as 10 ft. to tha rear property line/s.
b. Side yard equal to se[back requirement of main building.
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SECTION 12: EXISTING STRUCTURES
• Section 12.1: Structures legally existing at the time of the adoption of
this Ordimm~ce (i.e. atructures for vhich valid building permits have been
iasued) may be enlarged along the exiating building lines, even when the exlsting
setbacks do not meet the requirementa of this Ordinance, provided that the exten-
sion or addition does nat further eneroach into any required setbacka (e,g, a
single-s[ory may be extended along an existing S ft side yard ae[back even though
che other side yard doea not equal 10 ft.). Thie provision shall apply only to
the horizontal addition, (e.g. not permitting a new aecond-atory over an existing
single-atory building) and ahall be aubject to interpretation by the Director of
Planning and Development or his/her deaignee. Decisions of the Ditector of Plan-
ning and Development may be appealed to the Planning Commiesion.
SECTION 13: SETSACKS - SOLAR DESIGN
' Section 13.1: The aetbacka outlined in the above Sections may be varied from
' vhen it can be demonstrated, Co the satiafaction of the Planning Commieaion~ that
said variation is necessary to implement or [ake advantage of active or pasaive
solar design, provided that eaid variations do not infringe upon solar accesa or
property righte of the adjoining properties. Said variations shall be considered
on a case-by-case basis through evaluation of a use permit application by the
Planning Commisaion.
SECTION 14: SEVERABILITY CLAUSE
Sectian 14.1: If any sectlon, subeection, sentence, clause or phrase of
this Ordinance is for any reason held to be unconstitutional, auch decision
ahall nnt affect the validity of the remaining portions of this Ordinance.
The legislative body hereby declares that it vould have pasaed this Ordinance
and each aection. subsection, sentence~ clause or phzase thereof, irrespective
of the fact that any one or more sections, subsections. sentences, clauses or
phrnaes be declared unconstitutional.
SECTION 15: PUBLISHING CLAUSE
Section 15.1: 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 official nevapaper
of the City. published and circulated in the City of Cupertino.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino,
on the 3rdday of Ptarch , 1980 , and ENACTED at a regular meeting of the
City Council of the City of Cupertino this 12,~day of M~rrh , 19 80 ~ by
the folloving vote:
Vote Members of the cicy Council
AYES: Jackson, 0'Keefe, Rogera, Heyers
NOES: None
ABSENT: Sparks
ABSTAIN: None
ATTEST: APPROVED:
I M
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Cicy Clerk Mayor, City of Cupertino
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