Loading...
CC Ordinance No. 1927ORDINANCE NO. 1927 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO REZONING SIXTY EIGHT PARCELS TOTALING 19 GROSS ACRES FROM AI-43 AGRICULTURAL-RESIDENTIAL ZONE AND R1-7.5 SINGLE FAMILY RESIDENCE ZONE TO THE Rl-a SINGLE FAMILY RESIDENTIAL DISTRICT AND AMENDING CHAPTER 19.28 OF THE MUNICIPAL CODE WHEREAS, the City Council enacted an interim ordinance for the Linwood Acres neighborhood on September 16, 2002 for the purpose of allowing the residents to determine the appropriate zoning regulations for their neighborhood; and WHEREAS, the rezoning is consistent with the City's general plan land use map, proposed uses and surrounding uses; and WHEREAS, upon due notice and after one public hearing the Planning Commission recommended to the City Council that the rezoning be granted; and WHEREAS, a map of the subject property is attached hereto as Exhibit 1 as a proposed amendment to the Master Zoning Map of the City of Cupertino; and model regulations for this district is attached hereto as Exhibit 2 as a proposed amendment to Chapter 19.28 of the City of Cupertino Municipal Code. NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: Section 1. That the properties described in Exhibit 1 are hereby rezoned to Rl-a Single Family Residence Zoning District; and that Exhibit 1 is made part of the Master Zoning Map of the City of Cupertino. The regulations that shall apply to this district shall be based on Exhibit 2; and that Exhibit 2 is made part of the Municipal Code. Section 2. This ordinance shall take effect and be in force thirty (30) days after its passage at which time the interim Ordinance No. 1902 shall be rescinded. INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 3rd day of November, 2003 and ENACTED at a regular meeting of the City Council of the City of Cupertino the 17th day of November 2003, by the following vote: Vote Members of the City Council AYES: Chang, James, Lowenthal, Kwok NOES: None AB SENT: Sandoval ABSTAIN: None ATTEST: City Clerk (~-- EXHIBIT 1 ~ 316 02 005 10741 Lan~f Way Legal Description 3~6o2oo6 10727 Larw Way 316 02 007 10713 Larry Way 316 02 008 10699 Larry Way 316 02 009 10685 Larry Way 316 02 010 10671 Larry Way 316 02 011 10657 Larry Way 316 02 012 10643 Larry Way 316 02 013 10629 Larry Way 316 02 014 10615 Larry Way 316 02 015 10601 La~y Way Lucille Avenue C/L 31602016 10587 Lansz Way 7 316 02 017 10571 Larry Way -~ ., .... 316 02 018 10557 Larry Way C ) 316020:0 ,05. ~y ~vay 316 02 021 10511 La~y Way j l~ 316 02 025 10540 Larry Way I l~ 316 02 026 10556 Larry Way 316 02 028 10586 Lany Way i i 316 02 029 10600 Larry Way 316 02 030 10618 Larry Way i 516 o~o~ ~o67oLa~w~y 31602036 10698 Larry Way ....... ~- ....... .! ! o1602o~ ~o726La~ ~ · i 316 02 039 10740 Larry Way I 3~6 02 ~0 10741 R~.ay rn 316 02 041 10727 Randy Ln / 316 02 042 10713 Randy Ln ! i ~ 31602048 10629 Randy Ln __~__ i ~ ~; 10557 Randy Ln I - 316 02 055 10525 Randy Ln I 316 02 062 10586 Randy Ln J ....... ~ ~ ~ 316 02 063 10600 Randy Ln ~ 316 02 o65 106~ I ?---~~.---: ~ ........ -"l 316 3160206602 06710656 10642 Randy Ln P, andy I 316 02 068 10670 Randy Ln ~631 1T ~ . . 31602071 10712 Randy Ln ...... ! Merntt D~¥~C& 31602072 10726 Randy Ln I 3160207~ ~0740~andy ~n * Assessor'~ Parcel Number EXHIBIT 2 The following text shall be added to Chapter 19.28: 19.28.105 Development Regulations - (Rl-a). Rl-a districts are intended to reinfome the semi-rural setting in neighborhoods with large lots. Regulations found in the other sections of this chapter shall apply to properties zoned Rl-a. In the event ora conflict between other regulations in this chapter and this section, this section shall prevail. A. Lot Area Zoning Designations. The minimum lot size is ten thousand square feet. B. Lot Width. The minimum lot width shall be seventy-five feet measured at the front-yard setback line. C. Second Story Area. A second floor shall be no more than forty percent of the first floor, except as follows: 1. A second floor may be at least 700 sq. fi. in area. 2. In no case shall a second floor be more than 1,100 sq. fi. in area. D. Setback - First Story 1. Front Yard. The minimum front yard setback is thirty feet. 2. Side Yard. The minimum side yard setback is ten feet. 3. Rear Yard. The minimum rear yard setback is twenty feet. E. Setback - Second Story 1. Front Yard. The minimum front yard setback is thirty feet. 2. Side Yard. The combined side yard setbacks shall be thirty-five feet, with a minimum of fifteen feet. 3. Rear Yard. The minimum rear yard setback is forty feet. 4. The setback surcharge in Section 19.28.060 E(3) does not apply in this district. F. Second-story Regulations 1. Second story decks shall conform to the second-story building setbacks, and may be located on the front and rear only. 2. The second-story shall not cantilever over a first-story wall plane. 3. The front-facing wall plane(s) of the second-story must be offset a minimum of three feet from the first-story wall plane(s). The intent of this regulation is to avoid a two-story wall plane on the front elevation. G. Front Yard Paving. No more than 50% of the front yard setback area may be covered with a combination of impervious or semi-pervious surfaces. No more than 40% of the front yard setback area may be covered with an impervious surface such as concrete or asphalt. H. Heights. 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: a. An twelve-foot high vertical line measured from natural grade and located ten feet from property lines; b. A twenty-five degree roof line angle projected inward at the twelve- foot high line referenced in subsection H(2)(a) of this section. 1. Variation from the R1 and Rl-a regulations shall require a Variance pursuant to Chapter 19.124 of the Cupertino Municipal Code in the Rl-a district. J. Design Review. All two-story development shall require discretionary review from the Design Review Committee. Discretionary review processes shall be based on Section 19.28.090 of the Cupertino Municipal Code, except as amended by this ordinance. K. Design Guidelines. The guidelines in this section shall be used in conjunction with the City's Single Family Residential Design Guidelines. In cases where there may be conflict between the two sets of guidelines, this Section shall take precedence. Nonconformance with the guidelines shall be considered acceptable only if the applicant shows that there are no adverse impacts from the proposed project. 1. Second-story windows. Windows on the side elevations should be fixed and obscured to a height of six feet above the second floor, should have permanent exterior louvers to a height of six feet above the second floor, or should have sill heights of five feet or greater to mitigate intrusion into a neighbor's privacy. 2. All second story wall heights greater than six feet, as measured from the second story finished floor, should have building wall offsets at least every twenty-four feet, with a minimum four-foot two-foot-depth and ten-foot six-foot width. The offsets should comprise the full height of the wall plane. 3. Section 19.28.060 E (5)(a) shall be considered a guideline in the Rl-a district. 4.Section 19.28.060 E (5)(b) shall not apply to the Rl-a district. 5. Garages. The maximum width of a garage on the front elevation should be twenty-five feet, which will accommodate a two-car garage. Additional garage spaces should be provided through the use of a tandem garage or a detached accessory structure at the rear of the property. L. Permitted Yard Encroachments. 1. Where a principal building legally constructed according to existing yard and setback regulations at the time of construction encroaches upon present required yards, one encroaching side yard setback may be extended along its existing building line. a. The extension or addition may not further encroach into any required setback and the height of the existing non-conforming wall and the extended wall may not be increased. b. In no case shall any wall plane of a first-story addition be placed closer than three feet to any property line. c. This section does not apply to attached accessory structures such as attached carports. d. This section applies to the first story only and shall not be construed to allow the further extension of an encroachment by any building, which is the result of the granting of a variance or exception, either before or after such property become part of the City. 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. Front Porch. Traditional, open porches are encouraged in this zone. When viewed from the street, a pomh should appear proportionately greater in width than in height. A porch differs from an entry element, which has a proportionately greater height than its width. Use of this yard encroachment provision shall require the approval of the Director of Community Development. a. Posts. Vertical structural supports, such as posts, for porches are allowed to encroach two feet into the required front setback. Structural supports must be designed such that the appearance is not obtrusive or massive. b. Columns. The use of large columns or pillars is discouraged. c. Fencing. Low, open fencing for pomhes are allowed to encroach two feet into the required front setback area. d. Eave Height. The cave height for a front porch should not be significantly taller than the cave height of typical single-story elements in the neighborhood. Detailing. Porch elements should have detailing that emphasizes the base and caps for posts and fence elements. The pomh platform and roof overhang may encroach five feet into the required front setback. M. Landscaping. 1. Landscaping plans shall be required for all additions or new homes. The purpose of the landscaping is to beautify the property and to achieve partial screening of building forms from the street and adjacent properties. Specific measures are not prescribed. Generally, the landscaping may include shrubbery, hedges, trees, or lattice with vines on fences. Landscaping plans for two-story development shall include specific mitigations for impacts from mass, bulk and privacy intrusion as required in Section 19.28.060 H of the Cupertino Municipal Code, except that: a. Privacy planting shall have a minimum setback from the property line equivalent to one-quarter of the spread noted on the City list. b. Privacy trees shall have a minimum height of 12' at the time of planting. c. Front yard tree planting shall be placed such that views from second-story windows across the street to neighboring homes are partially mitigated. d. The Director may waive the front yard tree based on a report from an internationally certified arborist citing conflict with existing mature trees. Design Review Procedures and Process 1. Posted Notice. For all new construction, the applicant shall install a public notice in the front yard of the subject site that is clearly visible from the public street. The notice shall be a weatherproof sign, at least two feet tall and three feet wide firmly attached to a five-foot post. The notice shall remain in place until an action has been taken on the application and the appeal period has passed. The sign shall contain the following: a. The exact address of the property, if known, or the location of the property, if the address is not known; b. A brief description of the proposed project, the content of which shall be at the sole discretion of the City; c. City contact information for public inquiries; d. An 1 l"x17" illustration of the proposed house when viewed from the street. In cases where design review is required, the illustration shall be a perspective rendering and shall include the projected action date. The City shall approve the illustration or rendering prior to posting. 2. Adjacent single-family residential properties shall receive a reduced-scale copy of the proposed plan set with the mailed notice. 3. Findings. The Design Review Committee may approve a design review application for two-story development only upon making all of the findings below: a. The project is consistent with the Cupertino General Plan and Title 19 of the Cupertino Municipal Code. b. The granting of this permit will not result in detrimental or injurious conditions to property or improvements in the vicinity, or to the public health, safety or welfare. c. The project is generally compatible with the established pattern of building forms, building materials and designs of homes in the neighborhood. d. The project is consistent with the City's single-family residential design guidelines and the guidelines in this chapter and any inconsistencies have been found to not result in impacts on neighbors. e. Significant adverse visual and privacy impacts as viewed from adjoining properties have been mitigated to the maximum extent possible. 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. 1927, which was enacted on November 17, 2003, and that it has been published or posted pursuant to lax~ (G.C. 40806). IN WITNESS WHEREOF, I have hereunto set my hand and seal this 18th day of November, 2003. of the City Council of the City of Cupertino, California