Ordinance 575 ORDINANCE NO. 575
AN ORDINANCE OF THE CITY OF CUPERTINO AMENDING ORDINANCE
220 AND REGULATING RESIDENTIAL DUPLEX (R2) ZONES
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS :
SECTION 1: Amendment
Section 1.1: Ordinance 220 of the City of Cupertino, California,
is hereby amended by adding this Ordinance 575.
SECTION 2: Repealing Clause
Section 2.1: All ordinances heretofore enacted in conflict with
this Ordinance 575 are hereby repealed to the extent that they would vary
the provisions of this Ordinance.
Section 2.2: Ordinance 220, Section 5, is hereby repealed as of
the effective date of this Ordinance 575.
SECTION 3: Purpose
Section 3.1: Duplex residential areas are regulated by several
ordinances. The purpose of Ordinance 575 is to bring regulations together
in one ordinance (except for parking, which is regulated by separate ord-
inances applying to all zones in the city) , and at the same time to extend
definitions and to specify permitted uses.
SECTION 4 : Interim Nature of Amendment
Section 4.1: The entire Zoning Ordinance is being studied and sub-
jected to public hearings. It is understood that the regulations contained
in this Amendment to Ordinance 220 may be changed when later made a part of
the entire revised Zoning Ordinance for the City of Cupertino.
SECTION 5: Application
Section 5.1: No building, structure or land shall be used, and no
building or structure shall be hereafter erected, structurally altered
or enlarged in a Residential Duplex (R2) zone, otherwise than in conform-
ance with the following provisions; except that uses, buildings and
structures lawfully in existence at the time this Ordinance 575 takes
effect may remain as long as no alterations take place (except those
permitted by Santa Clara County Ordinance NS-1200, Section 30, as it
existed on October 10, 1955, which has been adopted by the City of
Cupertino)'.
SECTION 6: Definitions
Section 6.01: Buildings: Any structure intended for the shelter,
housing or enclosure, or all, of any person, animal or chattel.
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SECTION 6: Definitions (contd.)
Section 6.02: Building, Accessory: Any building serving a use
subordinate or incidental to the use of the main building on a lot, and
not being an integral part of the structure of the main building.
Examples: Detached garage; attached garage either not located under or
above part of the main building, or structurally an essential part of
that building; permanent covered playpen; tool shed; greenhouse; arcade,
breezeway; and covered walkway.
Section 6.03: Day Care Homes, Family: A family home non-institu-
tional in character, which provides day care only, with or without com-
pensation, for not more_than six (6) children under sixteen (16) years
of age, including the foster family's children under sixteen (16) years
of age.
Section 6.04: Dwelling Unit: A building used exclusively for resi-
dential occupancy by one family, with facilities for living and the cooking
and/or preparation of food.
Section 6.05: Duplex: A single building containing two dwelling
units.
Section 6.06: Family: A collective body of any two (2) or more
persons living together in one (1) house as their common home, with a
single kitchen, under one (1) head or management, related to each other
by blood, adoption or common ancestor, including foster children; or
two (2) persons living together as man and wife; or a single person; or
two (2) persons. Servants who devote a majority of their time to the
household shall be included. The family unit must be non-profit.
Section 6.07 : Front Wall: The wall of the building or other
structure nearest the street upon which the building faces, but excluding
certain architectural features such as cornices, canopies, eaves or em-
bellishments.
Section 6.08: Height of Building: The vertical distance from the
average of the highest and the lowest finished grade adjacent to a
building, or other structure, to the highest point of this building
or structure, exclusive of radio or television aerials.
Section 6.09: Height of Radio or Television Aerials : The vertical
distance from the average of the highest and the lowest finished grade
adjacent to the foundations of the construction, or the building the
aerial is based upon, to the highest point of the aerial.
Section 6.10: Lot, Key: The first lot to the rear of a corner
lot, the front line of which is a continuation of the side line of the
corner lot, whether or not separated by an alley.
Section 6.11: Setback Area, Required: The open space, unoccupied
and unobstructed from the ground upward, except as otherwise provided in
this ordinance.
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SECTION 6 : Definition (continued)
Section 6.12 : Setback Area, Required Front : The area extending across
thz front of the lot between the front line and a line parallel thereto.
Front yards shall be measured either by a line at right angles to the front
lot line, or by the radial line in the case of a curved front lot line. The
front of the lot is the narrowest lot line from a public street.
Section 6.13: Setback Area, Required Rear: The area extending across
the full width of the lot between the rear lot line and the nearest line or
point of the main building.
Section 6.14: Setback Area, Required Side: The area between the side
lot line and the nearest line of the building, and extending from the front
setback line to the rear setback line.
SECTION 7: Permitted Uses
Section 7.1: The following uses shall be permitted in a residential
duplex zone without the requirement of a Use Permit:
(a) A residential duplex building
(b) A Home Occupation in each unit of residential duplex
building subject to approval pursuant to the Home
Occupation Ordinance No. 321 of the City of Cupertino,
as it now exists or may hereafter be amended.
(c) Accessory buildings
(d) The keeping of not to exceed two (2) dogs and two (2)
cats over four (4) months of age, or other small house-
hold pets not to exceed four (4) adults (four months of
age or more) in each unit of a residential duplex build-
ing.
(e) Residential single-family buildings in existence prior
to the effective date of the zoning of property to R2
(duplex) . (added per Ordinance 918, April 2 , 1979)
Section 7.2: The following uses may be permitted a residential duplex
zone, subject to the securing of a conditional Use Permit in each separate
case, in locations where they, in the opinion of the Planning Commission,
are compatible with existing and planned uses in the neighborhood.
(a) A family day care home in each unit of a residential duplex
building.
(b) A group care activity providing continuous care for six (6)
or fewer persons on a twenty-four (24) hour basis which
requires licensing by a governmental agency in each unit
of a residential duplex building.
(1-61)
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SECTION 8: Height of Buildings and Structures
Section 8.1: Two (2) stories, not to exceed thirty (30) feet. Accessory
buildings : One (1) story, not to exceed fifteen (15) feet.
Section 8.2 : The above Section 8.1 notwithstanding, the height in a
R2-4.25i zone (with the lower case letter "i" included in the zoning symbol)
is restricted to one (1) story and sixteen (16) feet.
SECTION 9 : Lot Area and Width
Section 9.1: Each lot in a Residential Duplex (R2) zone shall have an
area in thousand square feet not less than indicated by the number after a
dash in the Zoning Symbol; this number shall not be less than 8.5, corres-
ponding to 8,500 square foot lot area.
Section 9.2 : The above subparagraph 9.1 notwithstanding, a reduction
of five (5) percent of the net lot area is permitted in a subdivision where
at least one-half (1/2) of the lot faces a curvilinear street pattern.
Section 9.3: The lot width shall be not less than seventy (70) feet
at the building setback line; except that, on a cul-de-sac, sixty (60) feet
is permitted, provided the lot has an area of not less than nine thousand
(9,000) square feet.
SECTION 10: Building Coverag', Setbacks
Section 10.1: The coverage by buildings and other permanent structures
shall not exceed forty-percent (40%) of the lot area.
Section 10.2 : The front setback shall have a depth of at least twenty
(20) feet. Fifteen (15) feet setback depth may be used on curved driveway,
if the driveway enters the side of the garage; however, not more than fifty
(50) percent of such lots in any tract shall be permitted, and there shall
be no more than two (2) such fifteen (15) foot setbacks side by side.
Section 10.3: The side setback area shall total not less than twenty
(20) percent of the lot width measured at the front setback line and no
side setback area may be less than six (6) feet. Three (3) feet shall be
added to each required side setback area for each story above the first
story on any building. The side setback area on the street side of a corner
lot shall be not less than twelve (12) feet.
Section 10.4: The rear setback area shall be either twenty feet or 20%
of the lot depth whichever is greater or shall contain a useable rear setback
area containing 850 square feet. The useable rear setback area is defined as
that area bounded by the rear lot line/s and the rear building lines extending
to the side lot lines. The minimum distance between the rear property line
and the closest building line is ten (10) feet . In no case shall a two-story
segment of a duplex building come closer to a rear lot line than the distance
equal to 20% of the lot depth.
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Section 10.5: Rear Yard Setback: The rear setback distance for a
single-story element of a single-family residential building shall be twenty
(20) feet , or twenty percent (20%) of the lot depth whichever is greater; or
shall contain a useable rear setback area of not less than twenty (20) times
the width of the lot in which case the main building may be permitted to
come as close as ten (10) feet to the rear property line.
The useable rear setback area is defined as that area bounded by the
rear lot line(s) and the rear building lines extended to the side lot lines.
The rear setback distance for a two-story element of a single-family
residence shall be a minimum of twenty (20) feet or twenty percent (20% of
the lot depth, whichever is greater. A two-story element may be placed on
a single-story structure which satisfies the criteria for a ten (10) foot
minimum setback distance if said two-story element maintains a rear yard
setback distance of twenty (20) feet or twenty percent (20% of the lot
depth, whichever distance is greater. (added per Ordinance 918, adopted
April 2, 1979) .
SECTION 11: Parking
Section 11.1 : At least one and one-half (11) garage spaces shall be
provided for each dwelling unit.
Section 11.2 : At least one (1) garage space shall be provided for each
residential single-family building. Garages in existence prior to the effective
date of the Ordinance zoning the property to R2 (duplex) are deemed to meet this
requirement. (added per Ordinance 918, adopted April 2, 1979) .
SECTION 12: Accessory Buildings
Section 12.1: In case an accessory building is to be attached to the
main building, it shall be made structurally a part thereof and shall comply
in all respects with the requirements of this ordinance applicable to the
main building. An accessory building, unless attached to and made a part
of the main building as above provided for, shall not be closer than five
(5) feet (measured between eave lines) to the main building.
Section 12.2 : A detached accessory building shall not exceed fifteen
(15) feet in height, and may not occupy more than thirty percent (30%) of
the area in any rear setback area.
Section 12. 3: In the case of an interior lot abutting upon one street,
no detached accessory building, except a detached garage, shall be erected
or altered so as to encroach upon the front one-half (1/2) of the lot.
Section 12.4 : In the case of a corner lot adjacent to a key lot, an
accessory building located in the rear setback area shall be set back a
minimum distance equal to the front setback requirement of the key lot.
SECTION 13: Architectural Projections into Required Yards
Section 13.1 : Cornices, canopies, eaves, decks (more than eighteen (18)
inches above grade) , and other architectural features may extend into a re-
quired yard a distance not exceeding two (2) feet, six (6) inches.
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SECTION 13: Architectural Projections into Required Yards - continued
Section 13.2: Un-enclosed patio covers may extend into the rear yard
setback, provided that it shall not be closer than ten (10) feet to the rear
property line.
SECTION 14: Architectural and Site Review
Each residential duplex building shall be reviewed by the Architectural
and Site Review Committee as stipulated by Ordinance No. 468.
SECTION 15: Effective Date
This ordinance shall take effect and be in full force thirty (30) days
after its enactment.
INTRODUCED at a regular meeting of the City Council of the City of
Cupertino this 5th day of March, 1973 and ENACTED at a regular meeting of
the City Council of the City of Cupertino this 16th day of April, 1973, by
the following vote:
AYES Councilmen - Frolich, Jackson, Meyers, Sparks, Irwin
NOES Councilmen - None
ABSENT: Councilmen - None
ATTEST: APPROVED:
/s/ Wm. E. Ryder /s/ Keith E. Irwin
City Clerk Mayor, City of Cupertino
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