Ordinance No. 1772
ORDINANCE NO. 1772
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING
TITLE 19 OF THE CUPERTINO MUNICIPAL CODE BY ADOPTING INTERIM
MEASURES TO IMMEDIATELY REZONE APPROXIMATELY 4 ACRES FROM R1-10
AND RI-7.5 TO RI-IOi AND RI-7.5i ZONES; THE REZONING PROPOSES TO ADD THE
"i" DESIGNATION WHICH WILL IMPOSE A BUILDING HEIGHT RESTRICTION OF
ONE-STORY NOT TO EXCEED 18 FEET UPON ALL NEW CONSTRUCTION WITHIN
THE ZONING BOUNDARY; THE SUBJECT PROPERTY CONSISTS A PORTION OF THE
FELTON PARK NO. 3 AND 4 SUBDIVISIONS, TRACT NUMBERS 717 AND 834 AND
PARCELS 359-18-052, 359-18-053 AND 359-18-054 WHICH ARE LOCATED ON JOHN
WAY AND DECLARING THE URGENCY THEREOF
WHEREAS, an application was filed by the City of Cupertino (Application 8-Z-97) for
the rezoning of property from RI-IO (single-family residential, 10,000 square foot minimum lot
size) and RI-7.5 (single-family residential, 7,500 square foot minimum lot size) zones to RI-IOi
(single-family residential, 10,000 square foot minimum lot size, single story maximum height)
and Rl-7.5i (single-family residential, 7,500 square foot minimum lot size, single story
maximum height) zones; and
WHEREAS, the property to be rezoned are unique to the surrounding area due to the
single story building heights and the large lot sizes; and
WHEREAS, the single story building height limitation has been agreed upon by a
majority of the subject property owners; and
WHEREAS, the single story limit ensures preservation of privacy between homes within
the subdivision; and
WHEREAS, a description of the subject property is attached hereto as Exhibit "A"; and
WHEREAS, a map of the subject property is attached hereto as Exhibit "B" as a proposed
amendment to the Master Zoning Map of the City of Cupertino;
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. That the property described in attached Exhibit "A" be and hereby is
rezoned to RI-lOi (single-family residential, 10,000 square foot minimum lot size, single story
maximum height) and RI-7.5i (single-family residential, 7,500 square foot minimum lot size,
single story maximum height) zones; and Exhibit "B" attached hereto is made part of the Master
Zoning Map of the City of Cupertino.
Section 2. 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 the John Way neighborhood. The above
referenced neighborhood is comprised of single-story homes on large lots, preserving privacy
between homes. There is at least one pending application for a building permit to add a second
story in this neighborhood 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 sections 65858(a) or 65858(b).
Section 3: The purpose of this ordinance is to protect the privacy of the John Way
neighborhood. The construction of a second story is prohibited without the approval of a use
permit application showing that the second story component does not result in privacy impacts.
Section 4: Definitions: "Addition" means any construction which increases the size
of a building or facility in terms of site coverage, height, length, width, or gross floor area ratio.
Section 5: No person shall cause or permit construction of any second story except
upon approval of a use permit application pursuant to 19.28.040 B of the Cupertino Municipal
Code.
Section 6: All determinations and decisions of the Planning Commission under this
Chapter are subject to appeal to the City Council under the procedures described in Section
19.136 of this title.
Section 7: I) 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 second-story addition constructed in violation of
this chapter,
Section 8: The application fee for the conditional use permit filed pursuant to
19.28.040B of the Cupertino Municipal Code shall be waived for the those applicants who make
application for a conditional use permit prior to the effective date of Ordinance 1768.
Section 9: This ordinance shall automatically expire upon the effective date of
permanent zoning Ordinance No. 1768 or 45 days from the date of enactment of this ordinance,
whichever comes first unless pursuant to Government Code 65858.
2
INTRODUCED and ENACTED at a regular meeting of the City Council of the City of
Cupertino this 3rd day of November, 1997, by the following vote:
Vote
Members Q[ the Q!y Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Burnett, Chang, Dean, Sorensen, Bautista
None
None
None
ATTEST:
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