Ordinance 1658Ordinance ]vo. 1658
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 19.40, RESIDI•;NTIAL HILLSIDE ZONES, OF THE
- CUPERTINO MUrJICIPAL CODE
The City Council of the City of Cupertino does hereby ordain that Chapter 19.40 of the Cupertino
Municipal Code is amended to read as follows:
19.40.030 Permitted Uses:
G. The keeping of animals as follows:
1. Household pets limited to one animal per 3,000 sq./ft of lot area except
a. Adult dogs aze limited to a maximum of two for lots less than 1 acre and four for lots greater than
one acre.
b. The number of geese, ducks, chickens, rabbits, and other farm animals aze not limited on a site
greater than 1 acre.
2. Small household pets
3. Large animals, such as horses, cows, sheep, and goats, limited as follows:
a. Two large animals for the first 40,000 square feet of land area, except mules and donkeys which
require 80,000 squaze feet for the first animal.
b. One additional large animal for each 20,000 square feet of land azea.
c. One additional lazge animal if said animal is rz~ised fora 4H project, a project sponsored by
recognized agricultural organization or a school project.
4. The required lot azea for a lazge animal shall not b~~ included in the required lot area for a household
pet or vice versa, except that a maximum of two (2) household pets may be kept with lazge animals.
5. All animals must be kept and maintained in accordance with other Cupertino or Santa Clara County
codes and ordinances.
6. No animals kept and maintained in an RHS zonin€; district may be raised for commercial purposes.
7. Crop, tree or horticultural farming for personal use;. Produce grown on the site may be sold if the
business activity is conducted in a manner consistE;nt with the home occupation ordinance.
19.40.040 Conditional Uses.
Subsection A. 8 shall be deleted.
19.40.050 Site Development Regulations:
Subsection B shall be deleted and subsequent section:; shall be re-lettered.
Subsection C shall be amended to read as follows:
C. Lot Area.
1. The minimum lot area for a specific property shall correspond to the number following the
RHS zoning symbol (multiplied by one thousand squs~re feet). Examples aze as follows:
Ordinance No. 1658
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Minimum Lot Area
Zoning Symbol Number In Square Feet
- RHS 20 20,000
1ZHS 40 40,000
RHS 80 80,000
RHS 120 120,000
RHS 180 180,000
1ZHS 200 200,000
1tHS 400 400,000
In addition, for lots which do not have a lot size nurriber, the minimum lot area for a specific property
shall be determined through the subdivision process ~.n terms of meeting the policies of the Land Use
Element of the General Plan.
Subsection 19.40.050 C 2 shall be deleted in its entiret~~.
Subsection G shall be amended to read as follows:
G. Site Grading
1) All site grading shall be limited to 2500 cubic yards. The 2500 cubic yards includes building pad,
yard areas, driveway and all other areas requiring grading. The graded area shall be limited to the
building pad area to the greatest extent possible. A maximum of 2,000 sq. ft. of flat yard area,
excluding driveways, may be graded. All cut acid fill areas shall be rounded to follow the natural
contours and planted with landscaping which meets the requirements in Section 19.40.050 (G).
19.40.060 Building Coverage, Setbacks, and Height Restrictions:
Subsection A shall be deleted and subsequent sections :;hall be re-lettered.
Subsection B shall be amended to read as follows:
B. Floor Area
1. a. For lots with less than 10,000 square feet of net lot area the maximum floor area ratio shall be 45%
of the net lot area.
Formula: A = 0.45 B
A =Maximum allowable house size.
B =Net lot area.
b. For lots with more than 10,000 square feet of ner, lot area the maximum floor area shall be 4,500
square feet plus 59.59 square feet for every 1,000 square feet over 10,000 square feet of net lot
area. In all cases the maximum floor area shall not exceed 6,500 sq. ft. without an exception.
Ordinance No. 1658
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Formula: A = ((B -10,000) / 1,000) (59.5!9) + 4,500
A =Maximum allowable house size prior to instituting the maximum 6,500 square
foot building size.
B =Net lot area.
2. Lots Within Clustered Subdivisions Containing Common Open Space:
Lots within clustered subdivisions in which land is reserved as common open space, may count a
proportionate amount of the reserved private oI-en space for calculating the allowable house size,
except that no developable lot would be subject: to greater than a 45% floor azea ratio prior to slope
consideration. The average slope of a lot withi~i a clustered subdivision shall be calculated on the
developable lot.
3. Slope adjustment Criteria:
For lots with an average slope greater than 10%~, the allowable floor azea, prior to instituting the
maximum 6,500 square foot allowable building size, shall be reduced by 1.5% for each percent of
slope over 10%. For lots with an average slope over 30% the allowable floor azea shall be reduced
by a constant 30%.
Formula: C = A x (1- (1.5 x (D - 0.1)))
A =Maximum allowable house ;size based on subsection 1 above prior to
instituting the maximum 6,`_•00 squaze foot building size.
C =Maximum allowable building for lots with greater than 10% average slope.
D =Average percent slope of net lot area.
Ave. slope Reduction Ave. slope Reduction. Ave. slope Reduction
10% or less 0% 17% 10.5% 24% 21
11% 1.5% 18% l2% 25% 22.5%
12% 3% 19% 13.5% 26% 24%
13% 4.5% 20% 15% 27% 25.5%
14% 6% 21% 16.5% 28% 27%
15% 7.5% 22% 18% 29% 28.5%
16% 9% 23% 19.5% 30% or greater 30%
Subsection D shall be amended to read as follows:
D. Setbacks -Second Floor:
1) Front/Reaz:
a) Downhill elevation: At least 75% of the second story downhill facing wall plane shall be set
back an average of 7 and 1 /2 feet and in no case less than 5 feet from the first story downhill
wall plane. The remaining 25% may not extend past the first story wall plane.
Severability Clause
If any section subsection sentence, clause or phrase of this ordinance is for any reason held to be
unconstitutional, such decision shall not effect the val'~idity of the remaining portions of this ordinance.
Ordinance No. 1658
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The legislative body hereby declazes that it would ha~~e passed this ordinance in each section, subsection,
clause, phrase, thereof, irrespective of the fact that an}~ one or more section, subsection, sentences, clauses
or phrases be declared unconstitutional.
Effective Date
This Ordinance No. 1658 shall take effect and be in full force 30 days after its enactment.
INTRODUCED at a regulaz meeting of the City Coun~~il of the City of Cupertino this 6th day of February,
1995 and ENACTED at the regulaz meeting of the City Council of the City of Cupertino this 21st day of
February, 1995 by the following vote:
Ys~ Members of the City Council
AYES: Bautista, Burnett, Koppel, Sorensen, Dean
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/ Kimberly Smith
/s/ Wally Dean
City Clerk Mayor, City of Cupertino