Ordinance 779 ORDINANCE NO. 779
AN ORDINANCE OF THE CITY OF CUPERTINO REPEALING CERTAIN ORDINANCES
OUTLINED IN 'SECTION 2.2 AND ESTABLISHING AN ORDINANCE REGULATING
MULTIPLE FAMILY RESIDENTIAL (R3) 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.
SECTION 2: REPEALING CLAUSE
Section 2.1: All Ordinances heretofore enacted in conflict with this Ord-
inance No. 779 are hereby repealed to the extent that they would vary the pro-
visions of this Ordinance.
Section 2.2: Ordinance 220 Section 6.1, 220(a-1) Section 1.1, and Ordinance
002(k) , 002(k-2) , 002(g) are hereby repealed as of the effective date of this
Ordinance No. 779.
SECTION 3: PURPOSE
Section 3.1: The purpose of this Ordinance is to establish a zone permitting
multiple family residential uses and establish the regulations pertaining thereto.
These regulations are intended to guide future multiple family residential devel-
opment and ensure a healthy functional environment for future residents within
the proposed development and for and between adjoining parcels.
SECTION 4: APPLICATION
Section 4.1: No building, structure or land shall be used, and no building
or structure shall be hereafter erected, structurally altered or enlarged in a
high density multiple family residential (R3) zone, otherwise than in conformance
with the following provisions : Except that uses, buildings and structure- law-
fully in existence at the time this Ordinance 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) .
Minor structural modifications to existing multiple-family residential buildings
which, in the opinion of the Director of Planning, conform with the provisions
and intent of this Ordinance may be approved by the Director of Planning or his/
her designee.
All existing R3-2.2 and R3-2.7 zoning districts shall hereafter be regulated by
the provisions of this Ordinance.
(1-65)
-1-
SECTION 5: DEVELOPMENT REVIEW PROCESS
Section 5.1: An application for a multiple family residential zoning district
may be initiated either by a private property owner or the City under provisions
of the City of Cupertino Procedural Ordinance No. 652, relating to zoning appli-
cations and shall be processed by City in the same manner as other zoning applications
Section 5.2: A multiple family residential rezoning application initiated
by a private property owner shall be accompanied by a conceptual development
plan, the contents of which are described in Section 12 of this Ordinance. Said
conceptual development plan shall be made an exhibit thereto and incorporated
into the ordinance rezoning the property involved in the application.
Section 5.3: A multiple family residential rezoning application initiated
by the City need not be accompanied by a conceptual development plan. Prior to
actual development and use of property within a City initiated application, the
owner or his assignee shall submit a conceptual development plan as described
in Section 12 of this Ordinance. Said plan shall be approved, conditionally
approved or denied.
Section 5.4: No building permit shall be issued for a development proposal_
for a vacant property presently zoned multiple family residential until a con-
ceptual development plan is approved by the City in conjunction with a public
hearing, and the owner or developer has obtained architectural and site approval
as required in City of Cupertino Ordinance No. 468 as may be amended.
Section 5.5: The Planning Commission shall evaluate a multiple family res-
idential zoning application based upon the dwelling unit density criteria des-
cribed in Section 8 and the general and specific development performance standards
described in Sections 9 and 10 of this Ordinance.
SECTION 6: DEFINITIONS
Section 6.1: Atrium (pl. Atria) . A courtyard completely enclosed by build-
ing walls and/or fences.
Section 6.2: Attached Buildings. Buildings whose walls and/or roofs touch
each other, either for the entire length of a wall or roof, or for less than the
length of a wall or roof, or in a corner-to-corner relation.
Section 6.3: Building. Any structure intended for the shelter, housing or
enclosure, or all, of any person, animal or chattel.
Section 6.4: Building Accessory. Any building or structure 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 not located under or above part of the main building or structur-
ally an essential part of that building, permanent covered playpen, tool shed,
greenhouse, arcade, breezeway, covered walkway.
(1-66)
-2-
Section 6.5 Corner Traingle. A triangular-shaped area bounded by:
a. The intersection of the tangential extension of front and side
property lines as formed by the intersection of two public rights-of-way
abutting the said property lines;
b. The third boundary of the triangular-shaped area shall be a line
connecting the front and side property lines at a distance of forty (40)
feet from the intersection of the tangential extension of front and side
property lines.
CORNER TRIANGLE
a
rT
AL
Section 6.6: Detached Buildings. Buildings which have no joint walls and
do not touch each other.
Section 6.7 : Development Area. Such area for which one contiguous Devel-
opment Plan is submitted to the Planning Commission or Architectural and Site
Approval Committee.
Section 6.8: Day-Care Home, Family. A licensed family home non-institu-
tional in -character which provides day care only, with or without compensation,
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 6.9: Day-Care Home, Special. A licensed family home non-institu-
tional in character, which provides day care only, with or without compensation,
for seven (7) to ten (10) children inclusive under sixteen (16) years of age,
including the children of the foster family under sixteen (16) years of age.
(1-67)
-3-
Section 6.10: Dwelling Unit. A building space occupied by a single
family exclusively for residential occupancy by one family with facilities
for living and the cooking and/or preparation of food.
Section 6.11: Garage. A completely enclosed building or part of a
building intended and designed to accommodate motor vehicles.
Section 6.12 : Group Care Activities. A residential care facility
providing continuous care for six (6) or fewer persons on a twenty-four
(24) hour basis which requires licensing by a governmental agency.
Section 6.13: Height of Building. The vertical distance from the
average of the highest and the lowest finished grade adjacent to a build-
ing, or other structure, to the highest point of this building or structure,
exclusive of radio or television aerials.
Section 6.14: Household Pets. Small animals commonly found in
residential areas such as chickens, ducks , geese, rabbits, dogs , cats,
etc. , but excluding animals such as any bovine or equine animal , or any
sheep, goat or swine.
Section 6.15 : Household Pets, Small. Small animals in contained
habitats generally located in the main building or accessory buildings of
• residential lots such as hamsters, fish, birds, etc. , but excluding all
animals defined as "household pets".
Section 6.16 : Main Building. A building in which is conducted the
principal use of the site upon which it is located. In any residential
district , any dwelling shall be deemed to be a main building.
Section 6.17: Multiple family residential dwelling. One of three or
more individual dwelling units for lease or rent located on a single parcel
of land with a resulting density in excess of eight dwelling units per gross
acre.
Section 6.18: Semi-attached Buildings. Main buildings connected by
accessory building(s) or structure(s) . Rules for attached buildings in this
Ordinance shall also apply to semi-attached buildings, except where require-
ments for semi-attached buildings are stated separately.
Section 6.19: Setback Area, Required. The open space, unoccupied and
unobstructed from the ground upward, except as otherwise provided in this
Ordinance.
Section 6.20: Setback Area, Required Front. The area extending across
the front of the lot between the front lot line and a setback line parallel
thereto, which is separated by a distance equal to the front setback as required
in this ordinance.
Section 6.21: 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 6.22 : _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.
(1-68)
-4-
•
Section 6.23: Single-family. One or more persons related to each other
by blood, marriage, legal adoption, or foster parenthood, or no more than four
(4) unrelated persons, living together as a single housekeeping unit with a
single kitchen, together with necessary domestic employees, if any. For pur-
poses of this definition, a single-family may also include any combination of
related and unrelated persons, but, in no case, shall the total number of un-
related persons, excluding necessary domestic employees, exceed four.
Section 6.24: Visual Privacy Intrustion. Uninterrupted visual access
from a residential dwelling or structure into the interior or exterior areas
of adjacent residential structures, which area is either completely or par-
tially private, designed for the sole use of the occupant , and/or which serves
to fulfill the interior and/or exterior privacy needs of the impacted resi-
dence or residences.
SECTION 7: PERMITTED USES
Section 7.1: The following uses shall be permitted in an R3 zone:
(a) Multiple family residential dwellings.
(b) Home occupations 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) Crop, tree and horticultural farming not utilizing structures
with the exception of incidental accessory structures limited
to a maximum of 10% of the lot area.
(e) The keeping of not to exceed two (2) dogs over four (4) months
of age, or other household pets not to exceed four (4) adults
(four months of age or more) per unit, with the exception that
the number of "small household pets" as defined herein, may
exceed four (4) adults. These limitations shall apply except
as otherwise provided in other ordinances of the City of
Cupertino.
(f) Temporary buildings for construction purposes (including
trailers) for a period not to exceed the duration of such
construction.
(g) Residential single-family buildings in existence prior to the
effective date of the zoning of property to R3 (multiple
family) . (added per Ordinance 919, adopted April 2, 1979) .
Section 7.2: The following uses may be permitted, subject to the secur-
ing 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 neighborhoods
(1-69)
-5-
(a) Special day care homes.
(b) Family day care homes.
(c) Group care activities.
(d) Development proposals exceeding the maximum density per gross
acre as determined by the General Plan may be permitted, sub-
ject to the securing of conceptual plan approval and a finding
by the Planning Commission and/or City Council that the pro-
posed development is meeting special community-wide social
needs (e.g. providing low-moderate priced housing, or housing
for the elderly or handicapped) pursuant to the Housing Element
of the General Plan of the City of Cupertino.
SECTION 8: DENSITY
Section 8.1: Each lot in a multiple family residential zoning district
shall be permitted the following number of dwelling units depending on the
corresponding lot size:
3 dwelling units: 9,300 sq. ft. net lot area
Over 3 dwelling units : 2,000 additional sq. ft. net lot
area per dwelling unit
Net lot area shall be defined as area useable for buildings, parking,
recreation, landscaping and similar uses; but shall exclude areas set aside
for public or private streets, water courses, including areas for their maint-
enance, transmission line easements, and similar uses, as determined in each
case by the Planning Director.
Notwithstanding the above requirement, in no case shall the total number
of dwelling units per acre in a multiple family zone exceed the density pro-
visions of the General Plan. The multiple family zoning district is applicable
only to those areas designated on the General Plan as having an allowable
density range exceeding eight (8) dwelling units per gross acre. In a case
where a broad density range is designated, the allowable number of dwelling
units shall be determined by the Planning Commission and City Council in con=
junction with zoning hearing process based upon the following criteria:
(a) The relationship of the proposed development to the develop-
ment character of the immediate neighborhood.
'(b) The impact of the proposed development on physiographic
factors of the site such as slope steepness, geologic
stability, and vegetation.
(c) The impact of the proposed development on community, utility
and social services such as sanitary sewer, storm drain, water,
fire and police emergency services, and schools.
(d) The impact of the proposed development on the capacity of
the neighborhood and community-wide street system.
(1-70)
-6-
(e) The relationship of the proposed development to the housing
goals contained within the Housing Element of the General
Plan.
(f) The relationship of the proposed development to the general
and specific development performance standards described in
Sections 9 and 10 of this Ordinance.
SECTION 9: GENERAL DEVELOPMENT PERFORMANCE STANDARDS
Section 9.1: Private exterior open space free from visual intrusion is
a valuable asset which increases the liveability of all residential dwelling
units. Although, in most cases, complete privacy from visual intrusions in-
to all interior and exterior living spaces represents the optimum situation,
this objective must be viewed in relationship to other factors such as :
(a) The existing physical environment including terrain.
(b) The property rights of others.
A reasonable optimization of visual privacy must be achieved in concert
with the above factors. Since it is beyond the scope or intent of this
Ordinance to define and regulate all possible visual relationships, it is the
City's responsibility to attain a reasonable optimization of visual privacy
and useable outdoor private open space as a part of its project review process.
In addition to the factors defined above, the City will utilize the follow-
ing general performance standards in its project review and will make a value
judgement in each case as to the most appropriate design solution:
1. Private outdoor space shall be provided for each unit. The amount
of space shall be determined in each case by the size of the unit,
and amount of commonly used open space. Private outdoor balconies
may be provided to fulfill this standard. As a general guide, each
unit should be provided with outdoor space equaling twenty percent
(20%) of the unit's gross first-floor area and ten percent (10%) of
the gross floor area for units above the first story.
2. The relationship between adjoining units within the proposed project
or between the project and adjoining parcels shall be designed in
such a manner so as to minimize visual privacy intrusion into all
or a significant portion of private outdoor yards, balconies or
interior spaces. The developer and/or project designer is responsible
for incorporating design solutions which comply with the requirements
of this section. Developers are encouraged to be creative in fulfill-
ing these requirements. Some examples of acceptable solutions include
use of windowless walls, winged walls, atria, enclosed courtyards and
orienting second story living and balcony areas to public streets.
Although dense landscaping may be used in combination with the above
suggestions, it should not be utilized as the only technique for pre-
cluding visual intrusion.
(1-71)
-7-
Developers and project designers should not limit potential solutions
to the project site. In cases where the cooperation of adjacent property
owners can be obtained, the developer should feel free to propose off-
site solutions which meet or achieve the standards of this Ordinance.
3. Appropriate site design and construction techniques shall be util-
ized so as to ensure isolation from excessive noise sources out-
side of the project boundary and to ensure acoustical privacy be-
tween adjoining units. If Director of Planning and Development
determines that an excessive external noise source will exist within
the project area, the developer shall retain an acoustical engineer
to evaluate the noise impact on the proposed residential development
and develop mitigation measures. The construction system shall
comply with applicable City ordinances relative to sound trans-
mission control to ensure acoustical privacy between adjoining
dwelling units.
SECTION 10: SPECIFIC DEVELOPMENT STANDARDS
Section 10.1: The following specific development standards shall be used
by the Planning Commission to evaluate the design of a multiple family project.
No deviation from the specific development standards shall be allowed except
where it can be shown that a deviation is necessary to realize the special
criteria outlined in Section 7.2d.
Section 10.2: Height of Building and Structures. Two (2) stories maximum
not to exceed a height of thirty (30) feet.
Section 10.3: Lot width. The minimum lot width shall be seventy (70)
feet at the front building setback line.
Section 10.4 : Building Coverage. The maximum building coverage shall be
forty percent (40%) .
Section 10.5: Front yard setback. The front yard setback shall be a min-
imum of twenty (20) feet.
Section 10.6: Side-yard setbacks. The side yards shall equal at least
six (6) feet for a single-story element, and nine (9) feet for a second-story
element, and eighteen (18) feet for structures exceeding two stories or twenty-
four (24) feet in height. In all cases, the Planning Commission and/or City
Council shall review the relationship to adjoining structures, and may require
additional side yard setback distances. The side yard on the street side of a
corner lot -shall not be less than twelve (12) feet.
Section 10.7: Rear-yard setbacks. The rear yard shall equal twenty (20)
feet or twenty percent (20%) of the lot depth, whichever is greater. An
additional ten (10) foot setback shall be maintained for each story beyond a
single-story structure.
Section 10.8: Corner Triangle. No portion of a building shall be located
within the corner triangle.
(1-72)
-8-
Section 10.9: 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 resi-
dence 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 set-
back 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 919, adopted April 2, 1979)
SECTION 11: OFF-STREET PARKING
Section 11.1: Multiple family residential projects containing ten (10)
or fewer dwelling units shall provide at least one (1) garage space and one
. (1) uncovered parking space for each dwelling unit. Multiple family, resi-
dential projects containing ten (10) or more dwelling units shall provide at
least one (1) covered space and one (1) uncovered parking space for each
dwelling unit.
Section 11.2: In no case shall parking be permitted in the rear yard
setback where multiple family units back up to an existing or potential single-
family zoning district.
Section 11.3: 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 R3 (multiple family) are deemed
to meet this requirement. (added per Ordinance 919, Adopted April 2, 1979)
SECTION 12: CONCEPTUAL DEVELOPMENT PLAN CONTENT REQUIREMENTS
Section 12.1: The information required to be shown on or attached to the
conceptual development plan shall, in addition to the information required by
any other ordinance, include the following:
(a) The architectural theme of the development, including the
location of buildings on the lot, building configurations,
building heights, private patio and balcony areas, fence
lines and general window locations.
(b) A description of the private outdoor area for each dwelling
unit and a description of the degree of visual intrusion into
adjoining properties which may result upon implementation of
the project. The visual analysis shall include scaled cross-
sections if deemed essential to interpret the degree of visual
intrusion into private outdoor or indoor space.
(1-73)
-9-
(c) A grading plan describing existing contours and finish grading
in relation to proposed construction. The grading plan shall
~ denote the location of all non fruit trees with a diameter of
twelve (12) inches or greater measured 4.5 feet from the finish
grade.
(d) The location of areas proposed for vehicular circulation and
for landscaping.
SECTION 13: PUBLISHING CLAUSE
Section 13.1: That the City Clerk be and he is hereby authorized and
directed to cause copies of this Ordinance to be published, verbatim or condensed,
at least once within fifteen (15) days after its adoption, in the Cupertino
Courier, the offical newspaper of the City of Cupertino.
SECTION 14: SEVERABILITY CLAUSE
Section 14.1: If any section, sub-section, sentence, clause or phrase of
this Ordinance is for any reason held to be unconstitutional, such decision
shall not affect the validity of the remaining portions of this Ordinance.
The legislative body hereby declares that it would have passed this Ordinance
and each section, sub-section, sentence, clause or phrase hereof, irrespective
of the fact that any one or more sections, sub-sections, sentences, clauses or
• phrases be delcared unconstitutional.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino,
this 21st day of December , 1976, and ENACTED at a regular meeting of the
City Council of the City of Cupertino this 3rd day of January , 1977, by the
following vote:
Vote Members of the City Council
AYES: Frolich, Jackson, Nellis, O'Keefe, Meyers
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: - APPROVED:
/s/ Wm. E. Ryder /s/ Robert W. Meyers
City Clerk Mayor, City of Cupertino
(1-74)
-10-