CC Ordinance No. 1891ORDINANCE NO. 1891
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 19.08, DEFINITIONS AND CHAPTER 19.80
ACCESSORY STRUCTURES/BUILDINGS OF THE CUPERTINO MUNICIPAL
CODE CONCERNING DEFINITIONS AND RELATED TO ACCESSORY
BUILDINGS/STRUCTURES AND SECOND DWELLING UNITS IN SINGLE-
FAMILY ZONES.
WHEREAS, the City Council wishes to prevent construction of "illegal" second
dwelling units in single-family zones; and
WHEREAS, the City Council wishes to ensure that accessory buildings/structures
are subordinate to principal structures in single-family zones.
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
Proposed text is underlined. Deleted text is struck through.
Chapter 19.08 of the Municipal Code of Cupertino is hereby amended to read as follows:
DEFINITIONS
"Habitable space" means space in a structure for living, sleeping, eating or cooking.
Bathrooms, toilet compartment, closets, halls, storage or utility space, and similar areas are
not considered habitable space.
"Livingps ace" means habitable space and sanitation.
"Kitchen" means an area in habitable space used for the preparation of food and including
at least three of the following:
1. Cooking appliance(s) or provision for a cooking appliance (such as 220V outlets~ gas
connections and space for appliances between counters;
2. Counter;
3. Refrigerator;
4. Sink.
Ordinance No. 1891
Cupertino City Council
"Second dwelling unit" means an attached or a detached residential dwelling unit
which provides complete independent living facilities for one or more persons. It shall
include permanent provisions for living, sleeping, eating, cooking, and sanitation on the
same parcel as the single-family dwelling is situated.
Chapter 19.80 of the Municipal Code of Cupertino is hereby amended to read as follows:
ACCESSORY BUILDINGS/STRUCTURES
19.80.030 Site Development Regulations
B. Residential and Agricultural Zones.
2. With respect to detached accessory buildings/structures (including an R2 zoning
district):
a. In R1, RHS, A and A1 zones:
i. The area of an accessory building/structure, not including garage space, shall be
limited to the gross building area as per Section 19.84.030D.
ii. Basements in accessory buildings/structures shall count as floor area.
Basement lightwells shall conform to Section 19.28.060F.
iii. Detached accessory buildings with living space shall conform to Chapter 19.84.
mb. The maximum lot coverage is thirty pement of the useable rear yard area.
1~. c. The minimum distance from a principal dwelling is five feet (measured between
the eaves);
d. Small, portable storage buildings less than six feet in height, which are not
~tached to a building, permanent foundation, or pad, may be located closer than
five feet to a principal dwelling, but no closer than three feet from any property
line;
e. No detached accessory building or structure shall be located less than three feet
from any property line,
fi Detached accessory buildings and structures shall be limited to a single story and
~-hall not exceed a height of seven feet beginning at a three-foot setback from rear
or side property lines. The height encompasses the entire wall plane nearest the
property line, including the roof, eaves, and any portion of the foundation visible
above the adjoining finished grade. The wall plane height may be increased by one
foot for each additional one and one-half feet of setback (corresponding to a thirty-
three-degree angle), up to a maximum wall plane height of fifteen feet, as depicted
in the diagram attached to the ordinance codified in this title. The maximum height
of construction shall not exceed twenty feet~
Ordinance No. 1R91
Cupertino City Council
Page
K. Walls which are less than five feet to a property line may not have windows or if
windows are installed they must be obscured glass or have the sill height above five
feet from the floor. This requirement shall not apply to skylight or windows which
face a right-of-way or a nonresidential zoning district.
h. Detached recreational buildings/structures, which have a floor or step height
greater than eighteen inches above any point at the adjoining finished grade, must
have a setback often feet from any property. An affixed play structure, such as a
swing or climbing apparatus, is allowed in the setback area if it is at least three feet
from the property line and if it exceeds the heights and setbacks as required in
subsections B2b and c of this section and meets one of the two following
conditions: It is adjacent to a comer property line, or if not on a comer, the
immediately adjacent property owner agrees to the location prior to construction,
i. The minimum front-yard setbacks for detached accessory buildings/structures
are:
i. Twenty feet in residential zones,
ii. Thirty feet in agricultural zones,
i. With respect to comer lots, the street-side yard setback must be no less than
fifteen feet and no less than twenty feet in the event that the comer lot is adjacent to
a key lot,
k. In R-2 and R-3 zones, in the case of an interior lot abutting only one street, no
~etached accessory building or structure, except a detached garage, may occupy the
front fifty percent of the lot area.
This ordinance shall take effect and be in force thirty (30) days after its passage.
iNTRODUCED at a regular meeting of the City Council of the City of Cupertino this 7th
day of January, 2002, and ENACTED at a regular meeting of the City Council of the City
of Cupertino this 22nd day of January, 2002, by the following vote:
Vote
Members of the City Council
AYES: Lowenthal, Chang, James, Kwok,
NOES: None
ABSENT: None
ABSTAiN: None
Sandoval
ATTEST:
City Clerk (f- -
APPROVED: /) /?
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 true and correct copy of Ordinance No. 1891, which was enacted on
January 22, 2002 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
cY~ff'~fi- dayof ~ a/r[~ a-a~1 ,2002.
KIMBERLY SMITH, City Cie and Ex-officio Clerk
of the City Council of the City of Cupertino, California
ordinance certificate