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CC Ordinance No. 1868Proposed text is underlined. Deleted text is struck through. ORDINANCE NO. 1868 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 19.28, SINGLE FAMILY RESIDENTIAL ZONES (R-l) OF THE CUPERTINO MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS: Chapter 19.28 of the Mtmicipal Code of Cupertino is hereby amended to read as follows: SINGLE-FAMILY RESIDENTIAL (R-l) ZONES Sections: 1~9.28.010 19.28.020 19.28.030 19.28.040 --I9728.050 19.28.060 19.28.070 19.28.080 19.28.090 19.28.100 19.28.110 Purposes. Applicability of regulation. Permitted uses. Co~es. Site development regulations. Lot coverage, building setbacks, basements, height restrictions and privacy mitigation measures for nonaccessory buildings and structures. Permitted yard encroachments. Exceptions for prescriptive design regulations. Residential design approval. Development Regulations - Eichler (R-le) Procedure for exceptions and residential design approvals. 19.28.010 Purposes. R-1 single-family residence districts are intended to create, preserve and enhance areas suitable for detached dwellings in order to: A. Enhance the identify of residential neighborhoods; B. Ensure provision of light_, atari air and a reasonable level of privacy to individual residential parcels; C. Ensure a reasonable level of compatibility in scale of structures within residential neighborhoods; D. Reinforce the predominantly low-intensity setting in the community. Ordinance No. 1868 Page 7 19.28.050 Site development regulations A. Lot Area Zoning Designations 1. Lot area shall correspond to the number (multiplied by one thousand square feet) following the R-1 zoning symbol. Examples are as follows: The minimum lot size in an R-1 zone is six thousand square feet. 2. Lots, which contain less area than required by Section 19.28.050A1, but not less than five thousand square feet, may nevertheless be used as building sites, provided that all other applicable requirements of this title are fulfilled. B. Lot Width. The minimum lot width shall be sixty feet measured at the front-yard setback line. C. Development on Slopes of Thirty Percent or Greater 1. Site plans for all development proposals shall include topographical information at contour intervals not to exceed ten feet. Areas where slopes are thirty percent or greater shall be identified on the site development plan. 2. Buildings proposed on a portion ora lot with slopes of thirty percent or greater shall be developed in accordance with the site development and design standards specified in Sections 19.40.050 through 19.40.140 of the Residential Hillside ordinance, Chapter 19.40, or the R-1 zoning ordinance, Chapter 19.28, whichever specific regulation is more restrictive. 3. No structure or improvements shall occur on slopes of thirty percent or greater unless an exception is granted in accordance with Section 19.40.140, unless no more than five hundred square feet of development, including grading and structures, occurs on an area with a slope of thirty percent or greater. D. An application for building permits which was filed and accepted by the City (fees paid and control number issued) on or before March 2, 2001, may proceed with application processing under the ordinances in effect at that time. 19.28.060 Lot coverage, building setbacks, height restrictions and privacy mitigation measures for nonaccessory buildings and structures. Lot Covera~,e r^- ~;-o* ~+^'~' n,,,,i ....., The maximum lot coverage shall be .... i._L.,, ....!._L.~ .... ~ ............ tSv_n fo~y-five percent of ~e net lot ~ea. Floor ~ea Ratio. 1. ~y new single-stoW house, or single-story addition to ~ existing house may not cause ~e floor mea ratio of ill stmct~es on the lot to exceed fo~-five percent. 2. Any new two-stow house, or second twe stoW addition to ~ existing house, may not cause the floor ~ea ratio of~l stmc~es on ~e lot to exceed thi~-five percent ef the net !et 2re2, ~less discretion~y design approv~ is first obtained from the .... [ ..... L_ Design Review Commi~ee p~su~t to Section 19.28.090. In no event, shill such floor ~ea ratio exceed fo~y-five percent of~e net lot ~ea. 3. The floor area ora second sto~ shall not exceed thi~y-five percent of the existing or proposed first stou or six hundred square feet, whichever is greater. Ordinance No. 1868 Page 8 Design Guidelines Any new two-story house, or second-story addition to an existing house, shall be generally consistent with the adopted Single Family Residential Guidelines. The Director of Community Development shall review the prqject and shall determine that the following items are met prior to issuance of building permits: a. The mass and bulk of the design shall be reasonably compatible with the predominant neighborhood pattern. New construction shall not be disproportionately larger than or out of scale with the neighborhood pattern in terms of building forms, roof pitches, eave heights, ridge heights, and entry feature heights; b. The design shall use vaulted ceilings rather than high exterior walls to achieve higher volume interior spaces; c. For projects with three car garages oriented to the public right-of-way, the wall plane of the third space shall be set back a minimum of two feet from the wall plane of the other two spaces, or shall incorporate a tandem space. There shall not be a three-car wide driveway curb cut. If the Director does not find that the proposal is generally consistent with this section, then an application must be made for design approval from the Design Review Committee pursuant to Section 19.28.090. Setback--First Story (Nonaccessory Structures). 1. Front Yard. The minimum front yard setback is twenty feet; provided, that for a curved driveway, the setback shall be fifteen feet as long as there are no more than two such fifteen-foot setbacks occurring side by side. 2. Side Yard. At least one of two side yard setbacks must be no less than ten feet. The other side yard setback must be no less than five feet. Notwithstanding the above, a lot less than sixty feet in width and less than six thousand square feet shall have a minimum side yard setback of five feet on each side yard. In instances where an addition is proposed to an existing building having both side yard setbacks less than ten feet, the wider setback shall be retained and the narrower setback must be at ............. ~ ...... r ........ In the case of a comer lot, a minimum side yard setback of twelve feet on the street side of the lot is required. 3. Rear Yard. The minimum rear yard setback is twenty feet: The rear setback may be reduced to ten feet if, after the reduction, the ~n!ess tke usable rear yard area is not less than equal_r, er exceeds, twenty times the lot width as measured from the front setback line. In thzt cese, the '";"; .... j ..................... Setback--Second Floor (Nonaccessory Structures). The minimum front and rear setbacks are twenty-five feet. The minimum side setbacks are ten feet, provided that in the case of a flag lot, the minimum setback is twenty feet from any property line, and in the case of a comer lot, a minimum of twelve feet from a street side property line and twenty feet from any rear property line of an existing, developed single-family dwelling. Ordinance No. 1868 Page 9 Setback Surcharge. A setback distance equal to fifteen feet shall be added in whole or in any combination to the front or side-yard setback requirements specified in ~fioa4-%Cg,l~ subsection E2. A minimum of five feet of the fifteen feet shall be applied to the side yard(s). Accessory Buildings/Structures. Chapter 19.80 governs setbacks, coverage and other standards for accessory structures. The height of second story walls are regulated as follows: a. Fifty percent of the total perimeter length of second story walls shall not have exposed wall heights o.f greater than six feet, and shall have a minimum two- foot high overlap of the adjoining first story roof against the second floor wall. The overlap shall be structural and shall be offset a minimum of four feet from the first story exterior wall plane. b. All second story wall heights greater than six feet, as measured from the second story finished floor, are required to have building wall offsets at least every twenty-four feet, with a minimum two-foot depth and six-foot width. The offsets shall comprise the full height of the wall plane. c. All second story roofs shall have a minimum of one-foot eaves. Basements 1. The number, size and volume of lightwells and basement windows and doors shall be the minimum required by the Uniform Building Code for egress, light and ventilation. 2. No part of a lightwell retaining wall may be located within a required setback area except as follows: a. The minimum side setback for a lightwell retaining wall shall be five feet. b. The minimum rear setback for a lightwell retaining wall shall be ten feet. 3. Lightwells that are visible from a public street shall be screened by landscaping. 4. Railings for lightwells shall be no higher than three feet in height and shall be located immediately adjacent to the lightwell. 5. The perimeter of the basement and all lightwell retaining walls shall be treated and/or reinforced with the most effective root barrier measures, as determined by the Director of Community Development. Additional Site Requirements. Height. a. Maximum Building Height. The height of any principal dwelling in an R- 1 zone shall not exceed twenty-eight feet, not including fireplace chimneys, antennae or other appurtenances. b. The maximum exterior wall height and building height on single-story structures and single story sections of two-story structures must fit into a building envelope defined by: i. A twelve feet high vertical line measured from natural grade and located five feet from property lines. ii. A twenty-five-degree roof line angle projected inward at the twelve foot high line referenced in subsection Flbi of this section. Notwithstanding the above, a gable end of a roof enclosing an attic space may have a maximum wall height of twenty feet to the peak of the roof as measured from natural grade. Ordinance No. 1868 Page 10 2. Heights exceeding twenty feet shall be subject to the setback regulations in subsection E of this section. 3. Areas Restricted to One Story. The City Council may prescribe that all buildings within a designated area be limited to one story in height (not exceeding eighteen feet) by affixing to the R-1 zoning district, the designation "i"; provided, however, that the limitation may be removed through use permit approval, as provided in Section 19.28.040 B by the Planning Commission. 4. The maximum entry feature height, as measured from finish grade to the top of the wall plate, shall be fourteen feet. 5. No blank single-story side walls longer than sixteen feet shall face a public right- of-way without at least one of the following: (a) at least one offset with a minimum two-foot depth and six-foot width; the offset shall comprise the full height of the wall plane, (b) window of at least thirty inches by thirty inches, (c) entry feature leading to a door, (d) trellis with landscape screening. 6. Exceptions for Hillside Areas. Notwithstanding any provisions of subsection F 1 to the contrary, the Planning Commission may make an exception for heights to exceed twenty-eight feet under certain circumstances: a. The subject property is in a hillside area and has slopes often percent or greater; b. Topographical features of the subject property make an exception to the standard height restrictions necessary or desirable; c. In no case, shall the maximum height exceed thirty feet for a principal dwelling or twenty feet for an accessory building or dwelling; d. In no case, shall the maximum height of a structure located on prominent ridgelines, on or above the four-hundred-fifty-foot contour exceed twenty feet in height. H. Privacy Protection Requirements. 1. Required Landscape Planting. a. Requirement. In order to address privacy protection and the reduction in visible building mass of new two-story homes and additions, tree and/or shrub planting is required Ap~!;.c~nts c ....... · ..... , .... h ...... a ~a~;,; ....... , ,~o-, ~ ,~ b. Plating PI~. A building pe~it application for a new two-stoW house or a second sto~ addition sh~l be accomp~ied by a plating pl~ which identifies the location, speoies ~d o~opy dimeter of existing trees or s~bs, subject to staff approval. New tm~s or s~bs shall be required zEo'zm on the applio~t's prope~y within a cone of vision defined by a ~i~ degree ~gle ~om the side ~ndow j~bs of all second sto~ windows (E~ibit 1). New trees or s~bs ~e not required to replace existing trees or shrubs if ~ Internationally Ce~ified Arborist or Licensed L~dscape Architect verifies that the existing trees/shrubs ~e consistent wi~ the intent of Appendix A. Applic~ts for new two-sto~ homes ~d additions must pl~t a tree in ~ont of new second stories in the ~ont y~d setback ~ea ~ess ~ere is a conflict with ~e ~ee c~opies of the public street tree (Appendix A, page 2). _~n ~_da__!t;_en, ""~ ................ ~ o~.ou ;.~ r"~'"*~a ........... ;. *~.~ ~The planting is required on the applicant's property, unless the Ordinance No. 1868 Page 11 options listed in subsection Fld of this section is applied. This option does not apply to the front yard tree-planting requirement. c. Planting Requirements. The minimum size of the proposed trees shall be twenty- four inch box and eight-foot minimum planting height. The minimum size of the shrubs shall be fifteen gallon and six-foot planting height. The planting must be able to achieve a partial screening within three years from planting. The species and planting distance between trees shall be governed by Appendix A. The trees or shrubs shall be planted prior to issuance of a final occupancy permit. An affidavit of planting is required in order to obtain the final occupancy permit (Appendix C). d. Options. Where planting is required, the applicant may plant on the affected property owners lot in lieu of their own lot or the affected property owner may modify the numbers of shrubs or trees, their types and locations by submitting a waiver to the Community Development Department along with the building permit (Appendix B). This option does not apply to the required tree planting in front yards. e. Applicability. This requirement shall apply to second story windows and decks with views imo neighboring residential yards, net ~?7-!Y te Skylights, windows with sills more than ~-b-':;'e five feet fre:v, above the finished second floor, windows with permanent, exterior louvers up to six feet above the finished second floor, and obscured, non-openable windows are not required to provide privacy protection planting. '-'--~-~'~ ,,ia. o~,~.~..,~.,a ..... ~, ..... , mr~ Mainten~ce. The required pl~ts shall be maintained. L~dscape plating mainten~ce includes i~igation, fe~ilization ~d pining as necessau to yield a gro~h rate expected for a p~icular species. ~ere required plating dies it must be replaced wi~in ~i~ days with the size ~d species as described in Appendix A of~is chapter ~d ~ updated plating pl~ shall be provided to ~e Co~ity Development Dep~ment. The affected prope~y o~er with privacy protection plating on his or her own lot is not required to maintain the l~dscaping. 19.28.070 Permitted yard encroachments. A. In P_ ! ze_-'_e_% ~Where a building legally constructed according to existing yard and setback regulations at the time of construction encroaches upon present required yards, one encroaching side cf the e×isting ~+'"~*' ....... ~-o o,-~,,~o~ ~ ..... ~-~. h,,~a~,,, c,,Io,,a~m~, yard setback may be extended along its existing building lines to no less than three feet from the property line if the applicant obtains written consent from the adjoining property owner thereby affected and receives approval from the Director of Community Development. Only one such extension shall be permitted for the life of such building. This section applies to the first story only and shall not be construed to Ordinance No. 1868 Page 12 allow the further extension of an encroachment by any building, which is the result of the granting ora variance, either before or after such property become part of the City. The extension or addition may not further encroach into any required setback; e.g., a single story may be extended along an existing five-foot side-yard setback even though the side yard does not equal ten feet. However, in no case shall any wall plane of a first-story addition be placed closer than three feet to any property line. Architectural features (not including patio covers) may extend into a required yard a distance not exceeding three feet, provided that no architectural feature or combination thereof, whether a portion of a principal or auxiliary structure, may extend closer than three feet to any property line. 19.28.080 Exceptions for Prescriptive Design Regulations Where results inconsistent with the purpose and intent of this chapter result from the strict application of the provisions hereof, exceptions to Section 19.28.060 and 19.28.100 may be granted as provided in this section. Issued by the Director of Community Development. With respect to a request for two story development which does not meet the development requirements contained in Section 19.28.060 H Il (Privacy Protection Requirements) and Section 19.28.100 C the Community Development Director may grant an exception to allow two-story development if the subject development, based upon substantial evidence, meets all of the following criteria: Issued by the Design Review Committee (Other Prescriptive Design Regulations). The Design Review Committee may grant exceptions from the prescriptive design regulations described in Section 19.28.060 and Section 19.28.100 exclusive of Section 19.28.060 04 E(4) (Hillside Building Heights ............ !9.2~.050 F ,_ .....~ Protec+.!on) upon making all of the following findings: Issued by the Planning Commission (Hillside Building Heights). Notwithstanding any provision of Section 19.28.060 G._~I E(1) to the contrary, the Planning Commission may grant an exception for heights to exceed 28 feet upon making all of the following findings: 19.28.090 Residential design approval. In the event that a proposed development of two stories exceeds a thirty-five percent floor area ratio as prescribed in Section 19.28.060 B, or in the event that the Director of Commtmity Development finds that the proposed two-story development does not conform to Section 19.28.060 C, the applicant shall apply to the Design Review Committee for design approval z spec'_'~_! pe__-v__!t to allow for the development ...... Ordinance No. 1868 Page 13 19.28.100 Development Regulations - Eiehler (R-le) R-le single-family residence "Eichler districts" protect a consistent architectural form through the establishment of district site development regulations. Regulations found in the other sections of this ordinance shall apply to properties zoned R- 1 e. In the event of a conflict between other regulations in this chapter and this section, this section shall prevail. Nothing in these regulations is intended to preclude a harmonious two-story home or second story-addition. A. Setback - First Story. 1. The minimum front yard setback is twenty feet. Building Design Requirements. 1. Entry features facing the street shall be integrated with the roof line of the house. 2. The maximum roof slope shall be 3:12 (rise over run). 3. Wood or other siding material located on walls facing a public street (not including the garage door) shall incorporate vertical grooves, up to six inches apart. 4. The building design shall incorporate straight architectural lines, rather than curved lines. 5. Second story building wall offsets described in Section 19.28.060 [IE5b are not required for homes in the R-le zone. 6. The first floor shall be no more than 12 inches above the existing grade. 7. Exterior walls located adjacent to side yards shall not exceed nine feet in height measured from the top of the floor to the top of the wall plate. Privacy Protection Requirements. 1. Side & Rear Yard Facing Second Floor Windows In addition to other privacy protection requirements in Cha?ter Section 19.28.060 (.Fa), the following is required for all second story windows: 19.28.110 Procedure for exceptions and residential design approvals. Public Hearing--Notice. Upon receipt of an application for approval, the Director of Community Development shall set a time and place for a public hearing before the relevant decision-maker and order the public notice thereof. A notice of the hearing shall be sent by first class mail to all owners of record of real property (as shown in the last tax assessment roll) within three hundred feet of the subject property. '.vb-~-c~ Expiration of an Exception or Residential Design Approval. A decision for approval which has not been used within one year following the effective date thereof, shall become null and void and of no effect unless a shorter time period shall specifically be prescribed by the conditions of the exception. An approval shall be deemed to have been "used" ~n the even*, cft~e erett~cn cf ~_ ~*'~'~* ....... h ..... rr...;.~.., 1.~;i.t;.~g ,,,,~h,;,y ....h ......... .~ ,....~, ,.....,; ..... , ....... _ ............ ;. ,, Am..-~*~, .... '-'~-ner. when a complete building Ordinance No. 1868 Page 14 permit application is submitted to the Chief Building Official, and continues to progress in a diligent manner. In the event that the building permit application expires, the Residential Design Approval shall become null and void. The Director of Community Development may grant one additional one-year extension if an application is filed before the expiration date without further notice and hearing. 19.28.150 Appendix C--Privacy Protection Planting Affidavit. Purpose. To assure the decision-makers and neighbors that the privacy protection planting has been installed according to the planting plan. Validation. An Internationally Certified Arborist or Licensed Landscape Architect shall certify the design and accuracy of the privacy protection planting. A reduced 1 lxl7 copy of the approved planting plan shall be attached. Submittal of this form shall be required prior to final inspection of the residence. Planting Certification I certify that the privacy protection planting and irrigation is installed at: address and it is consistent in design, height and location with the landscape planting and irrigation plans drawn by dated Name Title Professional License # (attached). Date Ordinance No. 1868 Page 15 INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 16th day of January, 2001, and ENACTED at a regular meeting of the City Council of the City of Cupertino this 5th day of February, 2001, by the following vote: Vote Members of the City Council AYES: Burnett, Chang, James, Lowenthal NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: City Clerk "l~ayor, City Of Cuper~ld~ 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, Califomia, do hereby certify the attached to be a tree and correct copy of Ordinance No.f/~ --.~ oF , which was enacted on 'Tz( cz/ti ~'-/ ~N:~ ©/ , 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 /~ ¥fi day of ~J'~x4 a~f ,200_/. KIMBERLY SMITH, City Clerk and Ex-officio Clerk of the City Council of the City of Cupertino, California ordinance certificate