CC Ordinance No. 1902-3ORDINANCE NO. 1902
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO ADOPTING INTERIM MEASURES TO IMMEDIATELY REZONE
APPROXIMATELY 19 ACRES, CONSISTING OF SIXTY-EIGHT SINGLE-FAMILY
RESIDENCES, FROM A 1-43 AGRICULTURAL-RESIDENTIAL ZONE AND THE
R1-7.5 SINGLE FAMILY RESIDENCE ZONE TO THE P(A1) PLANNED
DEVELOPMENT ZONE WITH AGRICULTURAL-RESIDENTIAL INTENT AND
DECLARING THE URGENCY THEREOF.
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN the
following:
Chapters: 1. Findings
2. Purpose
3. Definitions
4. Regulations
5. Appeal
6. Enforcement
7. Pipeline
8. Expiration
CHAPTER 1. Findings.
In order to protect the public safety, health and welfare, this ordinance is adopted as an
urgency interim ordinance pursuant to Government Code section 65858. It is important to
safeguard the uniqueness of sixty-eight single-family residences on Randy Lane and Larry
Way between Lucille Avenue and Merritt Drive, herein referred to as the "Neighborhood."
The "Neighborhood" is predominantly comprised of single-story homes on large lots,
preserving privacy between homes. New development that is out of scale and
incompatible with the existing neighborhood is detrimental to the welfare of the
"Neighborhood," and inconsistent with Policy 2-15 of the Cupertino General Plan. There
is at least one pending application for a building permit to do a major addition, including a
second story, which will be approved unless this interim ordinance is adopted.
It is therefore determined, by the City Council, that this ordinance shall become effective
immediately upon adoption pursuant to Government Code sections 36394 and 36937. This
ordinance will remain effective for forty-five days after adoption unless extended pursuant
to Government Code section 65858(a).
Ordinance No. 1902
CHAPTER 2. Purpose.
The purpose of this ordinance is to protect the aesthetic character of the "Neighborhood"
and the privacy of its residents, while the City works with "Neighborhood" residents to
determine the appropriate design regulations that will be incorporated into a permanent
ordinance.
CHAPTER 3. Definitions
"Addition" means any construction that increases the size of a building or facility in terms
of site coverage, height, length, width or gross floor area.
CHAPTER 4. Regulations
The regulations for this Planned Development zone are as follows:
1. New construction and additions shall be developed in accordance with the site
development and design standards specified in Section 19.20.060 in the A1
Agricultural-Residential ordinance, or Sections 19.28.060 through 19.28.130 in the
R1 Single Family Residential ordinance, whichever specific regulation is more
restrictive.
2. Requests for new construction shall be made to the Design Review Committee for
design approval to allow for the development, subject to Chapter 19.28.080,
19.28.090 and 19.28.110 of the Cupertino Municipal Code, except that all additions
must receive a special permit.
CHAPTER 5. Appeal
All determinations and decisions by the Design Review Committee under this Chapter are
subject to appeal to the Planning Commission under the procedures described in Section
19.136 of this title.
CHAPTER 6. Enforcement
1. Any person who violates any provision of this chapter shall be guilty of a
misdemeanor and upon conviction thereof shall be punished as provided in Chapter
1.12 of the Cupertino Municipal Code.
2. The City Attorney may maintain an action for injunctive relief to restrain a
violation or cause, where possible, the complete removal of any addition
constructed in violation of this chapter.
CHAPTER 7. Pipeline
Applications for building permits filed prior to September 16, 2002 may be processed
under the former zoning regulations in the A1-43 zoning district subject to approval by the
Director of Community Development.
CHAPTER 8. Expiration
This ordinance shall automatically expire upon the effective date of a permanent ordinance
or 45 days from the date of enactment of this ordinance, whichever comes first unless
pursuant to Government Code 65858.
Ordinance No. 1902
INTRODUCED and ENACTED at a regular meeting of the City Council of the City of
Cupertino this 21st day of January 2003, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAiN:
ATTEST:
City Clerk
Lowenthal, Chang, James, Kwok, Sandoval
None
None
None
~IROVED:/~ ,"~ ,
Mayor, City of Cupertino
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, KIMBERLY SMITH, City Clerk and ex-officio Clerk of the City
Council of the City of Cupertino, California, do hereby certify the attached
to be a tree and correct copy of Ordinance No. 1902, which was enacted on
January 21, 2003 and that it has been published or posted pursuant to law
(G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
28th day of January 2003.
KIMBERLY SMITH~5, Clerk and-Ex-officio Clerk
of the City Council of the City of Cupertino, California
ordinance certificate