CC Ordinance No. 17-2162 Amending Title 19, Zoning, and Chapter 19.12, Chapter 19.20, Chapter 19.28 to Create a Single-Story Overlay District ProcessORDINANCE NO. 17-2162
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING TITLE 19, ZONING, OF THE CUPERTINO MUNICIPAL CODE AND
CHAPTER 19.12 (ADMINSTRATION), CHAPTER 19.20 (PERMITTED,
CONDITIONAL A66D EXCLUDED USES IN AGRICULTURAL AND
RESIDENTIAL ZONES), AND CHAPTER 19.28 (SINGLE-FAMILY RESIDENTIAL
(R-1) ZONES), TO CREATE A SINGLE-STORY OVERLAY DISTRICT PROCESS
WHEREAS, on August 2, 2016, the City Council directed Staff to develop a process to
allow applicants to submit applications for initiating Single-Story Overlay Districts;
WHEREAS, a community meeting was held on December 7, 2016 to allow the public an
opportunity to review the draft regulations;
WHEREAS, the necessary public notices have been given as required by the procedural
ordinances of the City of Cupertino and the Government Code, and the Planning
Commission held public hearings on March 14, 2017 to .consider the project; and
WHEREAS, with Resolution No. 6825 the Planning Commission has recommended on
a 4-1 (Sun -no) vote that the amendments to the Municipal Code be granted; and
WHEREAS, on April 18, 2017, upon due notice, the City Council has held at least one
public hearing to consider these amendments to the Municipal Code be granted; and
WHEREAS, this Ordinance is determined to be not a project under the requirements of
the California Quality Act of 1970, together with related State CEQA Guidelines
(collectively, "CEQA") in that proposed Ordinance is not a project within the meaning
of section 15378 of the California Environmental Quality Act ("CEQA") Guidelines
because it has no potential for resulting in physical change in the environment, either
directly or ultimately. In the event that this Ordinance is found to be a project under
CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section
15061(b)(3) because it can be seen with certainty to have no possibility of a significant
effect on the environment.
WHEREAS, the City Council is the decision-making body for this Ordinance; and
WHEREAS, the City Council before taking action on this Ordinance has reviewed the
not a project determination and exemption, and using its independent judgment,
determines the Ordinance to be not a project or exempt from CEQA as stated above;
NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO
DOES HEREBY ORDAIN AS FOLLOWS:
Ordinance No. 17-2162
Pag e2
SECTION 1.
follows:
Section 19.12.030, of Chapter 19.12 of Title 19 of the Cupertino Municipal Code is hereby amended to read as
19.12.030 Approval Authority
Table 19.12.030 shows the approval authority, Noticing Radius, Expiration Date and Extension Dates for different types of Permits.
Type of Permit or Decision Administrativ Design Planning City Public Hearing/ Noticing/ Posted Expiration Chapter/ Review Public Meeting/ Noticing Site A....!! e Review Commission Council Date E Findings Committee Comment Period c Radius 0 Notice
General Plan Amendment
MajorF --R F PH CA. Govt. Code Yes -CA. Govt.
65350-65362 Code
MinorG --R F PH Yes -65350-65362
Zoning Map Amendments
Major F --R F PH Yes -
Minor G --R F PH CA. Govt. Code Yes -
65853 -65856 19.152.020
Single Story Overlay --R F PH Yes -
District
Zoning Text Amendments R F PH CA. Govt. Code 19.152.030 ----
65853 -65856
Specific Plans R F PH CA. Govt. Code 20.04 .030 ----
65350-65362
Development Agreements R F PH CA. Govt. Code Yes 19 .144.120 ---65867
Development Permits
MajorF,H --FIR A 1/F PM Yes 2 years 19.156.050 19 .12.110/ 300'
MinorG F -A, A2 PM Yes 2 years
Conditional Use Permits
Major F,H,I F -A1/F/R A1/A 2/F PH CA. Govt. Code Yes 2 years 19.156 .050 -------------------------
Ordinance No. 17-2162
Page3
Type of Permit or Decision
&l!.
Minorc,,
Temporary
Density Bonus (Residential)
Adult-Oriented Commercial
Activity (CUP)
Administrativ
e Review
F
F
-
-
Architectural and Site Approval
Maior J F
Minor K F
Amendment
Major F,H -
Minor G F
Minor Modification F
Hillside Exception/ Height
Exception / Heart of the City -
Exception 1
Variance F
Status of non-conforming -Use
Wireless Antennas 1 F
Signs
Permits F
Neon, Reader board & -
Freeway Oriented Signs 1
Design Planning City Review Commission Council Committee
-A 1/F/R A1/A2/F
-A1 A2
R F
-R F
-A1 A2
-A1 A2
-F A1
-A1 A2
-A1 A2
-F A1
-A1 A2
-F A1
-F/ A 1 A2
-A1 A2
F F All
Public Hearing/ Noticing/ Posted Expiration Chapter/ Public Meeting/ Noticing Site Date E Findings Comment Period c Radius 0 Notice
PH 65905 Yes 2 years
None No 1 year None -
19.160.030
Based on concurrent application 19 .52
PH CA. Govt. Code Yes 2 years 19.128.030&
65905/ 300' 19.128.040
PM 19.12 .110/ Yes 2 years
PM Adjacent Yes 2 years 19.168 .030
PM/PH Yes 2 years 19.44,
PM/PH
19.12.110/ 300' Yes 2 years
19 .156,
19 .164
-None No 2 years 19.164
19 .40 .080,
PH 19.12.110/ 300' Yes 2 years 19 .2 4 .070,
19.136.090
PH CA. Govt. Code Yes 2 years 19.156.060 65905
PH 19 .12.110/ Yes 19.140.110 -
300'
Varies 1 Depends on Yes 2 years 19.136.090 application type
-None No 1 year 19.104
PM 19 .12 .110/ No 1 year 19 .104 300'
Ordinance No. 17-2162
Page4
Type of Permit or Decisi o n
A...!!
Programs
Exceptions 1
Parking Exceptions 1
Fence Exceptions
Front Yard Interpretation
Rl Ordinance Permits
Two-story 1
Minor Residential
Exceptions 1
Protected Trees
Tree Removal
Heritage Tree
Designation & Removal
Tree Management Plan
Retroactive Tree Removal
Reasonable Accommodation
Extensions 0
Parking, Fence & Sign
Exceptions & Front Yard
Interpretations
Administrativ
e Review
F
-
F
-
F
F
F
-
F
-
F
F
F
F
Design Planning City Review Commission Council Committee
-A1 A2
F -All
F A1 Al L /A2
F -All
-A1 A2
F F/A1 All /A2
-A1 A2
F -All
-Al A2
-F Al
-A1 A2
-A1 A2
-A1 A2
-A1 A2
Public Hearing/ Noticing/ Posted Expiration Chapter/ Public Meeting/ Noticing Site Date E Findings Comment Period c Radius 0 Notice
-None No 1 year 19 .104
PM 19.12.110/ Yes 1 year 19.104.290 Adjacent
Varies M
19.12.110/ Yes 1 year 19.124.050 Adjacent/ 300' N
PM 19.12.110/ Yes 1 year 19.48.060 Adjacent
PM 19.12.110/ Yes 1 year 19.08 Adjacent
Varies 1 Yes 1 year
CP 19.12 .110/ No 1 year 19 .28.140
PM Adjacent Yes 1 year
Adjacent/
CP Depending on Yes 1 year 14.18.180 type of
application
PM 19.12.110/ 300' Yes -14.18
-None No -14.18
-None No -14.18
-None No 1 year 19.52.050
-None No 1 year
Ordina nce N o. 17-21 62
Page 5
Type of Permit or Decision
AJ!.
Neon, Reader board &
Fr eew ay Oriented Signs
Two Story Permits, Minor
Residential Permits and
Ex ceptions
Tree Removals
All other projects
Key:
Administrativ
e Review
F
F
F
F
Design Planning Review Commission Committee
A1
-A1
-A1
-A1
City Public Hearing/ Noticing/ Posted Expiration Chapter/ Public Meeting/ Noticing Site Council Date E Findings Comment Period c Radius 0 Notice
A2 -None No 1 year
A2 -None No 1 year
A2 --No 1 year
A2 -19.12.110/ None No 2 years
R-Review and recommendation body F -Final decision-making body unless appealed A 1 -Appeal Body on first appeal
A2 -Appeal body on second appeal PH -Public Hearing PM -Public Meeting
CP -Comment Period
Notes:
A. Permits can be processed concurrently with other applications, at the discretion of the Director of Community Development.
B. Projects with combined applications shall be processed at the highest level of approval in conformance with Section 19.04 .090.
C. Public Hearing: Projects types that need noticing pursuant to the CA Government Code; Public Meeting: Project types that need
only a mailed notice and no newspaper notices; Comment Period: Project types that need only a mailed notice and do not need a
public hearing or public meeting.
D. Noticing Radius of an application in a combined application shall correspond to the maximum noticing radius required for any
o ne of the applications.
E. Expiration date of an application in a combined application shall correspond to the maximum expiration date allowed for any
one of the development applications (not including Subdivision Map Act applications, General Plan Amendments and Zoning
Map or Text Amendments.)
Ordinance No. 17-2162
Page 6
F. Major General Plan Amendment, Conditional Use Permit, Development Permit application -for more than ten thousand square
feet of commercial and/or industrial and/or office and/or other non-residential use, or greater than six residential units
G. Minor General Plan Amendment, Conditional Use Permit, Development Permit application -for ten thousand square feet or less
of commercial and/or industrial and/or office and/or other non-residential use, or six or less residential units.
H. City Council review for applications with new development greater than fifty thousand square feet of commercial, and/or
greater than one hundred thousand square feet of industrial and/or office and/or other non-residential use, and/or greater than
fifty residential units. Planning Commission review for all other applications.
I. Please see specific zoning district regulations or chapters in this title that apply to the subject property or project for approval
authority.
J. Major Architectural and Site Approval application -architectural and site approval for all projects that are not a Minor
Architectural and Site Approval application.
K. Minor Architectural and Site Approval application -single family home in a planned development zoning district, minor
building architectural modifications, landscaping, signs and lighting for new development, redevelopment or modification in
such zones where review is required and minor modifications of duplex and multi-family buildings.
L. Appeals of Design Review Committee decisions shall be heard by the City Council.
M. Parking Exceptions approved by the Director of Community Development need a comment period.
Parking Exceptions approved by the Design Review Committee need a public meeting.
N. Parking Exceptions in Single-family residential (Rl) zones and Duplex (R2) zones need adjacent noticing.
All other Parking Exceptions need notices within three hundred feet of the exterior boundary of the subject property.
0 . Application must be filed prior to expiration date of permit. Permit is extended until decision of the Approval Body on the
extension.
Ordin a nce No. 17-2162
Pag e 7
SECTION 2. Section 19.12.080, "Application Process", of Chapter 19.12 of Title
19 of the Cupertino Municipal Code is hereby amended to read as follows:
19.12.080 Application Process
The following provisions outline the requirements for the filing of applications for
permits, entitlements, amendments, and approvals. Unless otherwise specified in this
title, all applications for permits, entitlements, amendments and approvals required by
this title shall be filed in compliance with this section.
Applications for permits, permit modifications, amendments and other matters
pertaining to this Chapter shall be filed with the Director of Community Development
with the following:
A. An application for permit may be made by the owner of record, his or her agent,
lessee(s) of property, or person(s) who have contracted to purchase or lease property
contingent upon their ability to acquire the necessary permit under this title and
who have written authorization from the property owner to make an application.
B. Application shall be made on a form provided by the City, and shall contain the
following, unless waived by the Director of Community Development based on the
scope of the proposed project:
1. A complete legal description of the subject property and map showing the
location of the property for which the permit is sought;
2. A preliminary title report of the subject property;
3 . The proposed site development plan indicating: the location of all buildings and
structures; the location and types of land uses; paved areas, such as roadways,
driveways and walkways; and general landscaping scheme;
4. Architectural drawings of the proposed development, building additions or
other structures. Drawings shall indicate building height, colors, materials,
window treatment and other architectural features;
5. Maps showing the locations of buildings;
6. Renderings showing building heights and square footages;
7. Maps showing the precise location of roads, streets, alleys and access points;
8. A traffic analysis, if required;
9. A construction plan;
10 . Any property/development with a Homeowner' s Association (HOA) or
Architectural Review Board (ARB) shall provide a letter of approval from said
HOA Board or ARB;
Ordinance No . 17-2162
Page8
11. The Director of Community Development may reasonably require additional
information which is pertinent and essential to the application;
12. Zoning Map or Text Amendments shall also include information required per
Chapter 19.152 .
a. Zoning applications for establishment or removal of Single-Story Overlay
District in Single Family (Rl) zoning districts (Single-St0ry Overlay District
Applications) shall also include information required per Section 19.28.050(B);
b. Zoning applications for Multi-Family (R3) Residential shall also include
information required per Section 19.36.040;
c. Zoning applications for Residential Single-family Cluster (RlC) initiated by a
property owner, or his or her designee, shall also include items identified in
Section 19.44.050(H); and
d. Zoning applications for Planned Development Zoning Districts shall also
include information required per Section 19.80.040.
13. Planned Development Permit and Development Permit applications shall also
include information required per Section 19.156.010;
14. Conditional Use Permits and Variances shall also include information required
per Section 19.156.020;
15. Density Bonus Permit applications shall also include information required per
Section 19.56.060;
16 . Conversion of Apartment Projects to Common Interest Developments
applications shall also include information required per Section 19.116 .050; and
17. Sign Permit Applications should also include information required per Section
19.104.040.
C. Application shall be accompanied by the fee prescribed by City Council resolution,
no part of which shall be returnable to the applicant.
D . The Approval Authority is granted the authority to make the decision to grant,
deny, or impose conditions or restrictions on a permit or other action on a permit as
well as to conduct and make any decisions necessary for environmental review
under the California Environmental Quality Act.
SECTION 3. Section 19.12.090, "Action by Director", of Chapter 19.12 of Title 19
of the Cupertino Municipal Code is hereby amended to read as follows:
19.12.090 Action by Director.
Upon receipt of an application for a permit, the Director of Community Development
shall:
Ordinance No. 17-2162
Page9
A. Within thirty days determine whether the application is complete or needs
additional information and shall inform the applicant.
B. Mail ballots to the property owners of record of the properties affected by a Single-
Story Overlay District Application. The ballot shall, in addition to information
related to the proposal, include the following information:
1. Proposed Single-Story Overlay District Map pursuant to Section 19.28.050(B)(l);
2. Statement indicating that each developable lot of record shall have one (1) vote;
and
3. A date, forty-five ( 45) calendar days from the date of mailing of the ballot, on
which a completed ballot must be postmarked or received by the City in order to
be accepted.
C. Not later than a period stipulated in Section 19.12.100, Decision, below:
1. Set a date for a public hearing or public meeting upon the matter at a regular or
special meeting of the approval authority for the project for applications that
require a public hearing or public meeting, except that Single-Story Overlay
District Applications shall be scheduled for a public hearing, only if the result of
the mailed ballot, pursuant to 19.12.090(B) above, indicates support of a
minimum sixty-six and two-thirds (66 2/3) percent by the property owners
within the proposed or existing Single-Story Overlay District ( each developable
lot of record shall have one (1) vote); or
2. Send notice in accord with the requirements of 19.12.llO(D) for applications that
do not need a public hearing or public meeting.
SECTION 4. Section 19.12.110, "Noticing", of Chapter 19.12 of Title 19 of the
Cupertino Municipal Code is hereby amended to read as follows:
19.12.110 Noticing.
A. Notice of Public Hearing: Noticing shall be provided in the following manner for
applications that need a public hearing:
1. Notice of hearing shall be given by publication once in a local newspaper of
general circulation not less than ten days prior to the date of the hearing as
provided in Section 65090 of the California Government Code;
2. The City shall mail written notice by first class mail to:
Ordinance No. 17-2162
Page 10
a. Each owner of record of real property within the noticing radius per Section
19.12.030 of the exterior boundary of the property for which the application is
made as the owner of record is shown in the last tax assessment roll pursuant
to Section 65091 of the California Government Code;
b. Owner(s) of subject site or his or her authorized agent
c. Project applicant(s)
d. Local agencies expected to provide water, sewage, streets, roads, schools or
other essential facilities or services to the proposed project;
e. Any individual or entity that has filed a written request with the City Clerk
requesting notification of public hearings
3. If the number of owners to whom notice would be mailed or delivered pursuant
to subsection A2 above is greater than one thousand, in lieu of mailed or
delivered notice, the Director may provide published notice as provided in
Government Code Section 65091(3).
4. The notice shall contain the following:
a. The exact address of the property, if known, or the location of the property, if
the exact address is not known;
b. The date on which action on the application will be taken;
c. A brief description, the content of which shall be in the sole discretion of the
City, of the proposed project;
d. Reference to the application on file for particulars;
e. A statement that any interested person, or agent thereof, may contact the city
for additional information and/or plans.
Typographical and/or publishing errors shall not invalidate the notice nor any City
action related to the notice.
B. Notice of Public Hearing for Zoning Text Amendments:
1. For amendments to zoning regulations: Notice of such hearing (publication) shall
be given in the manner prescribed in Section 19.12.110 A(l) of this chapter.
2. For amendments to permitted uses of real property: Notice (mailing or
publication) shall be given pursuant to Sections 19.12.110 A(2) or A(3), as the case
maybe.
C. Notice of Public Meeting : For projects requiring notice of a public meeting, notice
shall be mailed in accord with 19.12.110A(2) or A(3), as the case may be, at least ten
days prior to the date of the meeting date.
Ordina nce No. 17-21 62
Page 11
D. Notice of Comment Period: For projects requiring notice of a comment period,
notice shall be mailed in accord with 19.12.110A(2) and A(S), fourteen calendar days
prior to the date of action on the application.
1. For permits issued pursuant to Chapter 19.28, Single Family Residential, the
mailed notice shall include a copy of the site plan and elevation plans of the
proposed project.
2. For permits issued pursuant to Chapter 14.18, Protected Trees, the mailed notice
shall include a copy of the site plan and tree replacement/mitigation plan.
E. The City may also give notice of public hearings/public meetings in any other
manner it deems necessary or desirable. If the Director of Community Development
believes the project may have impacts beyond the range of the mailed notice,
particularly on nearby residential areas, the Director, in his or her discretion, may
expand noticing beyond the stated requirements in Section 19.12.030.
Compliance with the procedures set forth in this section shall constitute a good-faith
effort to provide notice, and the failure to provide notice, and the failure of any to
receive notice, shall not prevent the City from proceeding with a hearing, meeting or
from taking any action nor affect the validity of any action.
F. Posted Site Notice:
1. Applicants shall install notice(s) on the subject site that is/are clearly visible from
the street in accord with the requirements of Table 19.12.030.
a. Applicants must install a public notice in the front yard of the subject site,
except that for Single-Story Overlay District Applications, the notice(s) shall be
installed in the closest yard at the boundary(ies) of the proposed District.
b. For all applications other than Two Story Permits, Residential Design Review
and Tree Removal applications in Rl or R2 zones, if the subject site has more
than one property line abutting a street, the applicant may be required to
install more than one notice.
c. The notice shall b e a weatherproof sign, at least 2 feet tall and 3 feet wide,
firmly attached to a 5 foot tall post.
2. The notice shall be placed at least 14 days prior to the decision/public hearing
and shall remain in place until an action has been taken on the application and
the appeal period has passed.
3. The notice shall contain the following:
Ordinance No. 17-2162
Page 12
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. A deadline for the submission of public comments;
e. If proposing a physical alteration to an existing building or new buildings, at
least one of the following visual representations of the proposed project:
1. A color perspective drawing or three-dimensional (3-D) photographic
simulation of the proposed project, in a size deemed appropriate by the
Director of Community Development.
11. For Two Story Permits and Residential Design Review applications, a color
or black and white perspective drawing or three-dimensional (3-D)
photographic simulation of the proposed project, at least 11 inches by 17
inches in size.
iii. Visual Representation is not required for applications that do not have a
material change in the physical appearance of the property.
SECTION 5. Section 19.20.020, "Permitted, Conditional and Excluded Uses in
Agricultural and Residential Zones", of Chapter 19.20 of Title 19 of the Cupertino
Municipal Code is hereby amended to read as follows :
Table 19.20.020-Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones
Uses Zoning Districts
A A-1 R-1 RHS RlC R-2
5. Two-story structures in an area designated for
one-story limitation pursuant to Section
19.28 .0 40 (I) of this chapter, provided that the CUP-Planning Commission determines that the
PC structure will not result in privacy impacts,
shadowing or intrusive noise, odor, or other
adverse impacts to the surrounding area;
SECTION 6. Section 19 .28.040, "Permits Required for Development", of Chapter
19.28 of Title 19 of the Cupertino Municipal Code is hereby amended to read as follows:
19.28.040 Permits Required for D E:velopment.
Table 19.28 .040 sets forth the planning permits required for development in the Single-
Family Residential district.
R-3
Ordinance No. 17-2162
Page 13
Planning permi t required pri or to
building permit application
A.None .
B. Minor Residential Permit,
pursuant to Chapter 19.12,
Administration
C. Director's Minor Modification,
pursuant to Chapter 19.12,
Administration
D. Two-Story Permit, pursuant to
Chapter 19.12, Administration
Approval
authority
Admin.
Type of Pr oject
One-story project that does not require exception or
variance from the requirements of this ordinance
1. One-story encroachment into a required rear yard
setback, subject to requirements of Section
19.28.070
2. One-story extension of an existing side yard
nonconforming building wall line, subject to
requirements of Section 19.28.100 in all districts
except Rl-a
3. One-story project with a gable end of a roof
enclosing an attic space projecting outside the
building envelope, subject to requirements of
Section 19.28.070 or 19.28.080
4. New or expanded second story deck or balcony
with views into neighboring residential side or
rear yards in all districts except Rl-a
5. Any active or passive solar structure that requires
variation from the setback or height restrictions of
this chapter, provided that provided that no such
structure shall infringe upon solar easements or
adjoining property owners
6. One or two-story addition or new home on a
sloped single-family residential lot with
development on building pads/graded areas with
actual slopes equal to or greater than 20% and
with total floor area ratio of all structures on the
lot greater than 35 %
Encroachment of porch elements into the required
front yard setback in the Rl-a zone, subject to the
requirements of Section 19 .28 .100.
Two-story addition or new two-story home in all
districts that do not require Residential Design
Review per Section 19.28.040 (E) except in an Rl-a
zone.
Ordinance No. 17-2162
Page 14
Planning permit required prior to
building permit application
E. Residential Design Review,
pursuant to Chapter 19 .12,
Administration
F. Exception, pursuant to Chapter
19.12, Administration & Section
19.28.130, Exceptions
G .Hillside Exception, pursuant to
Chapter 19.12, Administration
H.Architectural and Site Approval,
pursuant to Chapters 19.12,
Administration
I. Minor Conditional Use Permit,
pursuant to Chapters 19.12,
Administration
J. Single-Story Overlay District
Application, pursuant to
Chapter 19.12, Administration
Approval
authority
Admin.
with
design
review
DRC
with
design
review
DRC
PC
cc
Type o f Pr oject
Two-story addition or new two-story home in all
districts except Rl-a where:
1. Second floor to first floor area ratio is greater than
66%, except any second to first floor ratio for
development on building pads/graded areas with
actual slopes equal to or greater than 20%; and/or
2. Where second story side yard setback(s) are less
than 15 feet to any interior side property line
Two-story addition, new two-story home, and/or
second story deck in the Rl-a zone
One or two-story project requesting an exception
from Sections 19.28.070 [Development Regulations
(Building)], 19 .28 .080 [Eichler Rl-e Building Design
Requirements], and/or 19.28 .110 [Landscape
Requirements].
Development (area greater than 500 square feet) on
slopes greater than 30%
One or two-story addition or new home on a sloped
single-family residential lot with development on
building pads/graded areas with actual slopes equal
to or greater than 20% and where the cut plus fill of
the site exceeds 2,500 cubic yards
Two-story addition or new two-story home in an Rl
zoning district with an "i" suffix
Establishment or removal of a Single-Story Overlay
District in a Single Family Residential District
(Addition or removal of the "i" suffix in an Rl zoning
district)
SECTION 7. Section 19.28.050, "Zoning Districts Established", of Chapter 19.28
of Title 19 of the Cupertino Municipal Code is hereby amended to read as follows:
Ordinance No. 17-2162
Pag e 15
19.28.050 Zoning Districts Established.
A T bl 19 28 050 (A) b 1 f th th a e e ow sets or e zonmg d" t . t t bl' h d IS nc s es a IS e .
Zoning Zoning Definition
Designation
Rl-X Single Family Residential District-Minimum lot area corresponds
to the number (X), multiplied by 1,000 square feet
Rl-Xi Residential Single-Family Single-Story Overlay District to limit
homes to one Story (not to exceed 18 feet high)-[ minimum lot area
corresponds to the number (X), multiplied by 1,000 square feet
preceding the 'i' symbol]. May be combined with all Rl zoning
designations.
Rl-6e Single Family Residential Eichler District (6,000 minimum lot area)
Rl-a Single Family Residential District with Semi-Rural Characteristics
(10,000 square foot minimum lot area)
B. Establishment or Removal of an existing Single-Story Overlay District (Rl-Xi): In
addition to the application requirements identified in Chapter 19.12.080, the
applicant shall submit the following:
1 . Map delineating proposed boundaries for the Single-Story Overlay District, or
removal thereof, corresponding to natural or man-made features (including, but
not limited to, streets, waterways, zoning boundaries and similar features,)
which would result in the establishment of an identifiable neighborhood, that
includes one (1) or more entire city block(s), or one (1) or more entire subdivision
tract(s), or street face(s) opposite of one another within a block;
2. Evidence, to the satisfaction of the City, for an establishment of a Single-Story
Overlay, that a minimum of seventy-five (75) percent of the homes within the
proposed Single-Story Overlay District are single-story;
3. A written statement setting forth the reasons for the application and all facts
relied upon by the applicant in support thereof;
4. Original application petition signed, at a minimum, by sixty-six and two-thirds
(66-2/3) percent of the property owners of record within the proposed or existing
Single-Story Overlay District (each developable lot of record shall have one (1)
signature). The petition shall contain information about the proposal including,
but not be limited to, the following:
a. Map pursuant to Section 19.28.050(B)(l)
b. Property Addresses
c. Property Owner Name(s) and Original Signature(s)
d . Applicant Contact Information
Ordinance No. 17-2162
Page 16
SECTION 8: Severability.
Should any provision of this Ordinance, or its application to any person or
circumstance, be determined by a court of competent jurisdiction to be unlawful,
unenforceable or otherwise void, that determination shall have no effect on any other
provision of this Ordinance or the application of this Ordinance to any other person br
circumstance and, to that end, the provisions hereof are severable.
SECTION 9: Effective Date .
This Ordinance shall take effect thirty days after adoption as provided by
Government Code Section 36937.
SECTION 10: CertWcation.
The City Clerk shall certify to the passage and adoption of this Ordinance and
shall give notice of its adoption as required by law. Pursuant to Government Code
Section 36933, a summary of this Ordinance may be published and posted in lieu of
publication and posting of the entire text.
SECTION 11: Continuity.
To the extent the provisions of this Ordinance are substantially the same as
previous provisions of the Cupertino Municipal Code, these provisions shall be
construed as continuations of those provisions and not as amendments of the earlier
provisions.
INTRODUCED at a regular meeting of the Cupertino City Council on this 18th
day of April, 2017 and ENACTED at a regular meeting of the Cupertino City Council on
this 2nd of May, 2017 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the City Council
Vaidhyanathan, Paul, Scharf, Sinks
Chang
None
None
APPROVED:
/s/Grace Schmidt /s/Savita Vaidhyanathan
Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor
City of Cupertino
Ordinance No. 17-2162
Page 15
19.28.050 Zoning Districts Established.
A T bl 19 28 050 (A) b 1 t f th th a e e ow se s or ezonmg d' t . t t bl' h d IS nc s es a IS e .
Zoning Zoning D efinition
Designation
Rl-X Single Family Residential District-Minimum lot area corresponds
to the number (X), multiplied by 1,000 square feet
Rl -Xi Residential Single-Family Single-Story Overlay District to limit
homes to one Story (not to exceed 18 feet high)-[minimum lot area
corresponds to the number (X), multiplied by 1,000 square feet
preceding the 'i' symbol]. May be combined with all Rl zoning
designations.
Rl-6e Single Family Residential Eichler District (6,000 minimum lot area)
Rl-a Single Family Residential District with Semi-Rural Characteristics
(10,000 square foot minimum lot area)
B. Establishment or Removal of an existing Single-Story Overlay District (Rl-Xi): In
addition to the application requirements identified in Chapter 19.12.080, the
applicant shall submit the following:
1. Map delineating proposed boundaries for the Single-Story Overlay District, or
removal thereof, corresponding to natural or man-made features (including, but
not limited to, streets, waterways, zoning boundaries and similar features,)
which would result in the establishment of an identifiable neighborhood, that
includes one (1) or more entire city block(s), or one (1) or more entire subdivision
tract(s), or street face(s) opposite of one another within a block;
2. Evidence, to the satisfaction of the City, for an establishment of a Single-Story
Overlay, that a minimum of seventy-five (75) percent of the homes within the
proposed Single-Story Overlay District are single-story;
3. A written statement setting forth the reasons for the application and all facts
relied upon by the applicant in support thereof;
4. Original application petition signed, at a minimum, by sixty-six and two-thirds
(66-2/3) percent of the property owners of record within the proposed or existing
Single-Story Overlay District (each developable lot of record shall have one (1)
signature). The petition shall contain information about the proposal including,
but not be limited to, the following:
a. Map pursuant to Section 19.28 .050(B)(l)
b. Property Addresses
c. Property Owner Name(s) and Original Signature(s)
d. Applicant Contact Information
O r dinance No. 17-2162
Page 16
SECTION 8: Severability .
Should any provision of this Ordinance, or its application to any person or
circumstance, be determined by a court of competent jurisdiction to be unlawful,
unenforceable or otherwise void, that determination shall have no effect on any other
provision of this Ordinance or the application of this Ordinance to any other person or
circumstance and, to that end, the provisions hereof are severable.
SECTION 9: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by
Government Code Section 36937.
SECTION 10: Certification. ,
The City Clerk shall certify to the passage and adoption of this Ordinance and
shall give notice of its adoption as required by law. Pursuant to Government Code
Section 36933, a summary of this Ordinance may be published and posted in lieu of
publication and posting of the entire text.
SECTION 11: Continuity.
To the extent the provisions of this Ordinance are substantially the same as
previous provisions of the Cupertino Municipal Code, these provisions shall be
construed as continuations of those provisions and not as amendments of the earlier
provisions.
INTRODUCED at a regular meeting of the Cupertino City Council on this 18th
day of April, 2017 and ENACTED at a regular meeting of the Cupertino City Council on
this 2nd of May, 2017 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the City Council
Vaidhyanathan, Paul, Scharf, Sinks
Chang
None
None
APPROVED:
Grace Schmidt, City Clerk
h4 ~~
Savita Vaidhyanahan, Mayor
City of Cupertino
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUP ER TINO )
I, GRACE SCHMIDT, 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. 17-2162, which was
enacted on May 2, 2017 , 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 4th day of May, 2017.
GRACE SCHMIDT, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California