Ordinance 220(g) CITY OF CUPERTINO
California
ORDINANCE 220 (g)
HEIGHT REGULATIONS
Ordin. AN ORDINANCE OF THE CITY OF CUPERTINO, AMENDING ORDINANCES
220(g) NO. 002 and 220, REGULATING THE HEIGHT OF BUILDINGS AND OTHER
STRUCTURES, AND INCLUDING CERTAIN OTHER REGULATIONS FOR TELEVISION
AND RADIO AERIALS.
Section THE CITY COUNCIL OF CUPERTINO DOES ORDAIN AS FOLLOWS:
62 AMENDMENT
62.1 Ordinances No. 002 and 220 of the City of Cupertino, California,
are hereby amended by adding Sections 62 through 72, inclusive,
as stated in this extension (g) of Ordinance No. 220. This repeals
any and all height regulations in previous Ordinances of the City of
Cupertino, including Section 30 of Ordinance 220 (e) , and repeals any
application in Cupertino of height regulations of Ordinance NS1200 of
the County of Santa Clara.
63 PURPOSE
63.1 The purpose of this Ordinance 220(g) is to collect into one Ordinance
height regulations for all zones existing in the City, and to add pro-
visions for cases not foreseen in previous regulations.
64 INTERIM NATURE OF AMENDMENT
64.1 This amendment is introduced and enacted in order to clarify Ordinances
during the time a revision of the entire Zoning Ordinance is being studied
and subjected to public hearings. It is understood that this amendment
regarding height regulations may be changed when later made a part of
the entire revised Zoning Ordinance
65 DEFINITIONS
65.1 Accessory 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 structurally an essential part of that building,
permanent covered playpen, tool shed, green-house, arcade, breezeway,
covered walkway.
65.2 Aerials: A radio or TV transmitting or receiving device consisting
of one or any combination of the elements listed below. (See also
Appendix B.)
-1- (2-31)
65.2 Aerials (cont'd.) :
a) Tower - a vertical framework which supports either
an antenna or a mast.
b) Mast - a vertical element consisting of a tube or
rod which supports an antenna.
c) Antenna - a horizontal or vertical element or array
attached to a mast or to a tower.
d) Guy wires necessary to insure safety and stability.
65.3 Height is defined as 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. Height of radio or tele-
vision aerials is defined as 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 on, to the
highest point of the aerial.
65.4 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.
65.5 Story is the space between a floor and the ceiling above it, used
for residential purposes, garages, or as a working space, or for the
IPpurpose of selling or exhibiting merchandise or services. The number
of stories of a building shall be considered equal to the highest number
of stories in any vertical section of the building. The restriction of
the number of stories shall not exclude additional basement or attic
space, used exclusively for storage or for machinery servicing the
building.
66 MAIN BUILDINGS
66.1 The number of stories and the height of a main building, as defined
in section 65, shall not exceed the numbers indicated in Appendix A
of this Ordinance 220 (g) .
66.2 The above sub-paragraph notwithstanding, the City Council may, in a
non-residential zone, through the architectural and site control pro-
cedures, allow elevator penthouses, utility structures, and necessary
mechanical appurtenances constructed on the roof of a building to
exceed the stipulated height restrictions.
67 ACCESSORY BUILDINGS
67.1 Accessory buildings, as defined in Section 65, shall not contain more
than one (1) story, and shall not exceed fifteen (15) feet in height.
(2-32)
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68 TELEVISION AND RADIO AERIALS (ANTENNAS, MASTS AND TOWERS)
68.1 Receiving television and radio aerials shall not exceed a height
of forty-nine (49) feet, and transmitting aerials fifty-five (55)
feet above ground level.
68.2 An antenna consisting of a single vertical element not more than
two (2) inches in diameter, in liew of a horizontal arrangement,
shall be excepted from the height restriction in the above sub-
section 68.1.
68.3 The section of masts and towers more than thirty (30) feet above
the ground shall have a cross-section that can be fitted within a
square with a side of twelve (12) inches.
68.4 Not more than one tower, as defined by Section 65.2 of this Ordinance
220(g) shall be erected on a lot with an area of less than twenty-
thousand (20,000) square feet, and one additional tower for each
additional ten thousand (10,000) square feet above 20,000. Wood towers
shall not be erected.
68.5 An aerial based on the ground and exceeding a height of thirty-four
(34) feet, and an aerial based on a building and extending more than
twenty-four (24) feet above its base, shall require a building permit.
Location plan for the aerial and its support, including details of
footing, guy wires and braces, shall be attached to the application.
68.6 Masts and/or towers must be located at least ten (10) feet to the
rear of the front building setback line and shall not be closer than
six (6) feet to any property boundary.
68.7 Antennas and/or guy wires shall not overlap adjoining property; and
shall not encroach upon an easement without the written consent of
the owner of said easement, attached to the application for a building
permit.
68.8 Where need for greater height or other modifications can be demonstrated
to the satisfaction of the Planning Commission and where this can be
allowed without detriment to the neighborhood, a Use Permit for that
purpose may be granted by the Planning Commission, after a Public
Hearing.
69 MODIFICATIONS OF STANDARDS
69.1 The Planning Commission may, subject to approval by the City Council
in each separate case, modify the height regulations of this Ordinance
where terrain or other factors makes this advisable for..a particular
area. Such modifications may be processed as a part of a zone change,
or of the Use Permit procedures for a Planned Development (P Zone or
area) , or separately; in the latter case, the procedures for a zone
change shall be followed, including Public Hearings. Modifications of
height shall be indicated in Resolutions or Ordinances and on the
Zoning Map by Zoning Symbols in the form of one or more lower-case
letters, after a dash. Modifications may include but shall not be
limited to those listed in sub-sections 69.2 through 69.8 of this
Ordinance 220 (g) .
(2-33)
-3-
69.2 Modification towards fewer stories or less height of building may be
advisable because of the terrain or to ensure compatibility with the
neighborhood. Special attention to the latter factor shall be given
when rezoning to R2 or R2C, for duplexes. All duplex zones existing
at the date this Ordinance 220(g) takes effect, shall be restricted
to one (1) story and sixteen (16) feet height; this shall be indicated '
on the Zoning Map by the lower-case letter (i) in the Zoning Symbol.
69.3 Three stories may be permitted in an R1, R1C or R2C zone, provided
the lowest story is not used for residential purposes, and provided
that this design is used uniformly over a designated area. An area
within the aforementioned zones may also be designated for one re-
sidential and one non-residential story.
69.4 Higher number of stories, or increase of maximum height, may be
allowed in other zones than R1, R1C, R2 or R2C, for individual
buildings or other constructions, or for an entire area. Such
a modification shall be presented as a part of a Development Plan
for an area, which according to a finding by the City Planner is
large enought to judge the impact on the neighborhood of the in-
creased height. No building in excess of forty (40) feet in a
non-residential area shall be located closer to a residential zone
than a distance equal to four (4) times its height.
69.5 Within a Planned Industrial Park (MP zone) or a Planned Office zone
(OP zone) , or within an area designated for MP or OP use in a Planned
Development (P zone) , higher number of stories than three (3) , and
greater height than forty (40) feet will be permitted for buildings
so designated in a Development Plan; subject to the restrictions and
procedures in the above sub-paragraphs 69.1 and 69.4.
69.6 Church spires or belfries, cupolas or domes on public or quasi-
public buildings, monuments, flag poles, water cisterns or towers,
fire or hose towers, observation towers, windmills, television and
radio towers and similar structures may, the above sub-sections
69.1 and 69.4 notwithstanding, be permitted to exceed the height
limitations in Section 68 and Appendix A of this Ordinance 220(g) ,
subject to the securing of a Use Permit, as set forth in Ordinance
002(a) .
69.7 The height of accessory buildings for agricultural use in an
Agricultural Zone, or a zone allowing agricultural use, shall not
be restricted by this Ordinance 220 (g) , provided that they are
of a design and height usual for the purpose.
69.8 The Planning Commission may, subject to the approval of the City
Council in each separate case, prescribe that all buildings or all
main buildings in a designated area shall have a uniform number of
stories , or a uniform height above sea level. This shall be noted
on the Zoning Map by appropriate symbols.
(2-34)
-4-
70 SEVERABILITY CLAUSE
70.1 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 Ord-
inance. 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 declared
unconstitutional.
71 PUBLISHING CLAUSE
71.1 That the City Clerk be and he is hereby authorized and directed
to cause copies of this Ordinance to be published at least once
within fifteen (15) days after its adoption, in the Cupertino
Courier, the official newspaper of the City of Cupertino.
72 INTRODUCED AND ENACTED
72.1 INTRODUCED at a regular meeting of the City Council of Cupertino
on the 4th day of April, 1966, and ENACTED at a regular meeting
of the City Council of Cupertino, this 18th day of April, 1966,
by the following vote:
AYES: Councilmen Finch, Fitzgerald, •Noel Stokes,
Dempster
NAYS: None
ABSENT: None
APPROVED:
/s/ H, Robert Dempster
Mayor, City of Cupertino
ATTEST:
/s/ Kay Haddon
City Clerk
-5- (2-35)
AL 81,040. 3
Jan. 5, 1968
CITY OF CUPERTINO
California
Appendix A to Ordinance 220(4)
HEIGHT REGULATIONS (as amended)
MAXIMUM NUMBER OF STORIES AND MAXIMUM HEIGHT OF MAIN BUILDINGS (unless
otherwise regulated by Rezoning, Development Plan_ or Use Permit procedures) .
ZONE STORIES HEIGHT ZONE STORIES HEIGHT
A 2 25'
A-ua 1 16' R1 2 25'
Al 2 25' R2-i 1 16'
BA * * R2 2 25►
BQ * * R3-2.7 3 40'
BR * * R3-2.2 4 50'
CG 2 30'
ML 2 40' R1C 2 25'
MP 3 40' R2C-i 1 16'
OA 2 30' R2C 2 25'
OP 3 40' R3C-2.7 3 40'
T * * R3C-2.2 4 50'
P * *
An R3 or R3C Zone with a lot size index higher than 2.2 shall be subject
to the height requirements of an R3-2.7 orR3C-2.7 Zone, unless otherwise
specified by Rezoning or Use Permit procedures.
* Regulated by a Development Plan, approved by the City Council as a
part of Rezoning or Use Permit procedures.
ACCESSORY BUILDINGS: Limited to one(1) story and fifteen (15) feet in height.
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-6- (2-36)
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