Loading...
107-6. Proposed R1 Ordinance text amendments for readability and consistency.pdf le for detached dwellings in order to: a). - (R1 – FAMILY RESIDENTIAL (R1) ZONES - e) Development Regulations - Story Residential Permit. - rmits Required. family residence districts are intended to create, preserve and enhance areas suitab - .28.100 Landscape Requirements. 19.28.080 Development Regulations19.28.090 Two Story Design Guidelines1919.28.110 Permitted Yard Encroachments.19.28.120 Minor Residential Permits.19.28.130 Two 19.28.010 Purposes.19.28.020 Applicability of Regulations.19.28.030 Pe19.28.040 Zoning Districts Established.19.28.050 Development Regulations (Site).19.28.060 Development Regulations (Building).19.28.070 Eicher (R119.28.140 Exceptions.19.28.150 Interpretation by the Planning Director. 1 single - R CHAPTER 19.28: SINGLE 19.28.010 Purposes. A. Enhance the identity of residential neighborhoods; 1, r enlarged rt), 1992) 99; Ord. 160 ; Family Residential District. - Chapter 19.124 family day care home, which structures within residential neighborhoods; - e does not meet the criteria for a in conformance with the provisions of this chapter and other applicable Issued by the Director of Community Temporary uses, subject to Large Conditional A.Development:1.regulations established by 2.otherwispermitted use. The conditional use permit shall be processed as provided by Section 15.97.46(3) of the State of California Health Uses , intensity setting in the community. - of this title; Chapter 19.82 and Conditional Uses. R1 Ordinance family residence district other than - dwelling unit conforming Chapter 19.80 family use; - 1 single - Reformatted Single Accessory facilities and uses A second Draft B. Ensure provision of light, air and a reasonable level of privacy to individual residential parcels; C. Ensure a reasonable level of compatibility in scale ofD. Reinforce the predominantly low(Ord. 2039, (part), 2009; Ord. 1954, (part), 2005; Ord. 1868, (part), 2001; Ord. 1860, §1 (part), 2000; Ord. 1834, (part), 19Exh. A (part), 1992) 19.28.020 Applicability of Regulations. No building, structure or land shall be used, and no building or structure shall be hereafter erected, structurally altered oin an Rprovisions of this title. (Ord. 2039, (part), 2009; Ord. 1954, (part), 2005; Ord. 1860, §1 (part), 2000; Ord. 1834, (part), 1999; Ord. 1601, Exh. A (pa 19.28.030 Permitted Table 19.28.030 sets forth the Permitted and Conditional uses in the Single Permitted A.B.to the provisions, standards and procedures described in except for those second dwelling units requiring a conditional use permit;C.customarily incidental to permitted uses and otherwise conforming with the provisions of G(6) of this atures that story limitation - 19.28.060 of this title. ; story structures in an area - o Issued by the Planning Commission: Buildings or structures which Second dwelling units which require Home occupations requiring a TwGroup care activities with greater Conditional and Safety Code;3.incorporate solar design ferequire variations from setbacks upon a determination by the Director that such design feature or features will not result in privacy impacts, shadowing, intrusive noise or other adverse impacts to the surrounding area;4.a conditional use permit pursuant to Chapter 19.845.conditional use permit pursuant to Chapter 19.92B.1.designated for a onepursuant to Section chapter, provided that the Planning Commission determines that the structure or structures will not result in privacy impacts, shadowing, or intrusive noise, odor, or other adverse impacts to the surrounding area;2.than six persons; Uses ; Chapter 19.92 rdening, and growing R1 Ordinance family day care home; - Reformatted The keeping of a maximum of four Home occupations in accordance Small Horticulture, ga Residential care facility that is Utility facilities essential to provision Draft Permitted D.with the provisions of E.of food products.F.licensed by the appropriate State, County agency or department with six or less residents, not including the provider, provider family or staff;G.H.adult household pets, provided that no more than two adult dogs or cats may be kept on the site;I.of utility services to the neighborhood but excluding business offices, construction or storage yards, maintenance facilities, or staff, is a minimum eet from the property the providers, provider Facility that has the Facility that is not required to b.c. Residential care facilities that fall into Facility that is not required to obtain a Congregate residence with eleven or Conditional 3.the following categories:a.license by the State, County agency or department and has six or less residents, not includingfamily or staff;appropriate State, County agency or department license and seven or greater residents, not including the provider family or staff, is a minimum distance of five hundred fboundary of another residential care facility;obtain a license by the State, County agency or department and has seven or greater residents, not including the provider family or distance of five hundred feet from the property boundary of another residential care facility; 4.more residents, which is a minimum Uses - The Director of parking and R1 Ordinance and which are at least family day care homes, which - Reformatted Congregate residence with ten or less Large Draft Permitted corporation yards;J.meet the parking criteria contained in Chapter 19.100three hundred feet from any other largefamily day care home.Community Development or his/her designee shall administratively approve large day care homes to ensure compliance with theproximity requirements;K.residents; . Approval authority AdminAdmin.Admin.DRC permit Story Permit) - Discretionaryrequired prior to building permit application NoneMinor Residential PermitResidential Design Review (Two five square - a zone - quirements existing side in the R1 nce of one thousand feet from the Conditional distaboundary of another congregate residence and has a minimum of seventyfeet of usable rear yard area per occupant. Uses art), 2005; Ord. 1860, §1 (part), 2000; Ord. 1834, (part), 1999; Ord. 1784, (part), 1998; Ord. 1688, §3 , and/or second story deck alcony with views into neighboring discretionary planning permits required for development in the R1 zone. story home - story home the - R1 Ordinance new two , 0 sets forth 4 .0 olar easements or adjoining property owners 8 0 Permits Required. 4 Reformatted Transitional housing and supportive story addition or new twostory addition story project that does not require exception or variance from the restory project with building area that encroaches no more than 10 feet into the story project with an extension of no more than 15 feet along one story project with a gable end of a roof enclosing an attic space projecting -- Draft Permitted L.housing. (Ord. 2039, (part), 2009; Ord. 1954, (p(part), 1995; Ord. 1657, (part), 1994; Ord. 1618, (part), 1993; Ord. 1601, Exh. A (part), 1992) 19.28.0 Table 19.2 ---- Type of Project Oneof this ordinanceOnerequired rear yard setbackOneyard nonconforming building wall lineOneoutside the building envelope with a wall height of 17 feet, 1 inch to 20 feetNew or expanded second story deck or bresidential side or rear yardsAny 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 sTwoTwo Approval authority PCAdmin.DRCPCPCAdmin. inimum lot area \[minimum lot area - symbol\] permit 10,000 square foot m - Discretionaryrequired prior to building permit application Use PermitArchitectural and Site ApprovalExceptionExceptionVarianceHillside ExceptionDirector’s Minor Modification (not to exceed 18 feet high) rea corresponds to the number (multiplied by 1,000 square feet) ht Rural Characteristics - minimum lot area corresponds to the number (multiplied by 1,000 \[ exceeding slopes of inimum lot a \] han five (5) feet into M - or the cut plus fill of the no more t . (excluding driveways) 20 zone located off the flat pad 20 zone where proposed grading exceeds 2,000 -- Zoning Definition Single Family Residential DistrictSingle Family Residential District Restricted to One Storycorresponds to the number (multiplied by 1,000 square feet) preceding the ‘i’ Single Family Residential Eichler District square feet) preceding the ‘e’ symbolSingle Family Residential District with Semi zoning district with an “i” suffix 30% (area greater than 500 square feet) a zone - R1 Ordinance orch platform and roof overhang roject in the R1 Zoning Districts Established 0 story project in the R1story pstory project requesting an exception from sections 19.28.060, 19.28.070, story project requesting a variance from section 19.28.130 for the building pad area 5 ---- Reformatted XXiXea ---- story project in an R1story project requesting an exception from the second story wall heig and producing floor area exceeding 4,500 of total house size -- Draft 19.28.0 Table 19.28.050 sets forth the zoning districts established. Zoning Designation R1R1R1R1 a zone - Type of Project TwoOne or two10% One or twosquare feet site exceeds 2,500 cubic ardsTworegulationOne or twoand/or 19.28.120One or twoDevelopment on Slopes > Encroachment of a porch post no more than two (2) feet into the front setback in an R1Encroachment of a pthe front setback in an R1 a - R1 10,00075 -- Xe - R1 the number x1,000See Chapter 16.28 (Fence Ordinance) Family Residential District. - , except that need section this ) 0 4 (composed of - 5,000 square foot site - ) 0 cubic yards maximumsquare feet (Projects section 19.28.0 olid board 20 - R1 20,0002,500(Projects that exceed additional approval per 19.28.042,000exceed this need additional approval per 1. S area (excluding principal building)2. Open fencing materials which result in a minimum of 75% visual transparency) unrestrictedthat such fencing over 3 feet in height may not be constructed , 6, 7.5, 8, 10 -- - R1etc.the numberx1,00060 R1 Ordinance 5 - ,000 R1 550See Chapter 16.28 (Fence Ordinance) 0 Development Regulations (Site). 6 1, 2 1 Reformatted (in , Draft 19.28.0 Table 19.28.060 sets forth the site development regulations in the Single at the , uilding Minimum Total (in Minimum B . Fencing . et lot area (in . ot width (in 1 A. nsquare feet)B. lfeetfront setback line)C. Maximum site grading cubic yards, cut plus fill)2pad areaexcluding driveways square feet)D a - R1 -- Xe - R1 rees faced block, - materials ed into the site design to the the front yard setback 20 - Up to two protected trees with a evelopment. . No specimen size trees may be R1 withinRetaining walls in excess of 5 feet shall be screened with landscape materials or faced with decorative materials such as splitriver rock, or similarsubject to the approval of the Director of Community Development1removed without a permit as provided for in the Protected Tree Ordinance, Chapter 14.18 of this code. Native trees should be integratgreatest extent possible.2. diameter less than 18 inches may be removed to accommodate a building pad subject to approval of the Director of Community D 3. Removal of protected texceeding 18 inches or removal of more than two protected trees require approval of a tree removal permit by the Planning Commission in accordance with the Protected Tree Ordinance. , 6, 7.5, 8, 10 -- - R1etc. R1 Ordinance 5 - R1 Reformatted s Draft E. Retaining wall screeningF. Tree s for of the landscaping section 19.28.030 a - per R1 Landscaping plans are required for all additions or new homes. The purposeis to beautify the property and to achieve partial screening of building forms from the street and adjacent properties. Generally, the landscaping may include shrubbery, hedges, trees, or lattice with vines on fences. Xe - R1 20 - R1 ng for the building pad, yard areas, driveway, and all other areas requiring grading, but does , ounded to follow the natural contours and planted with landscaping that meets the following equally among the participating lots, e.g. two lots sharing a driveway will divide the driveway sion and to screen cut and fill slopes. 6, 7.5, 8, 10 - R1etc. R1 Ordinance 5 - contain less area than required by its zoning designation, but not less than 5,000 square feet, may nevertheless be used : to prevent soil ero R1 Limited to 500 square feet. Development greater than 500 square feet requires a Hillside Exception See Chapter 14.15, Landscape Ordinance licensed landscape architect shall review grading plans and, in consultation with the applicant and City Engineer, submit a A plan Reformatted i. All cut and fill areas shall be r Lots, which The 2,500 cubic yards includes gradi Draft 1 as building sites, provided that all other applicable requirements of this title are fulfilled. 2 not include basements. The graded area is limited to the building pad area to the greatest extent possible. Grading quantitiemultiple driveways are dividedgrading quantity in half. The divided share will be charged against the grading quantity allowed for that lot development. 3 requirements . evelopment . GDon slopes 30%HLandscaping of this code. Chapter 14.15 additional review per which were denuded by prior month period from occupancy. All - lopes Ordinance, e part), 2001; Ord. 1868, (part), 2001; Ord. gs or additions off the flat pad and arren s 20 - 45% of the net lot area for development proposed Buildin isting building and addition does not exceed R1 1.on the existing flat pad portion, defined as pad areas equal to or less than 10% slope, of any lot. 2. producing floor area exceeding 4,500 square feet of total house size require section 19.28.030 3. Additions within an existing building envelope are permitted provided that the total FAR of the ex Family Residential District. - , etc. 7.5, 8, 10 - 6, R1 - lations in the Single tree planting plan for the site which will screen grading areas, and residential R1 shall meet the requirements as established in the Landscap s 5 by walls on at least three (3) sides - 45% of the net lot area. An additional 5% is allowed for roof overhangs, patios, porches, and other similar features not enclosed . post a bond, cash, or other security to ensure installation within an 18 R1 1. 2. on45% of the net lot area R1 Ordinance licensed landscape architect shall prepare a 0 Development Regulations (Building). A structures, to the greatest possible extent, as well as to reintroduce trees on bagricultural activitiesLandscape improvementLandscape improvements shall be installed prior to final occupancy unless such installation is impracticable, in which case, the applicant shallsuch landscape areas shall be properly maintained. 7 Reformatted ii. iv. iii. Draft (Ord. 2039, (part), 2009; Ord. 2011, 2007; Ord. 2000, 2007; Ord. 1954, (part), 2005; Ord. 1886, (1860, § 1 (part), 2000; Ord. 1834, (part), 1999; Ord. 1635, § 1 (part), 1993; Ord. 1601, Exh. A (part), 1992)19.28.0 Table 19.28.070 sets forth the building development regu A. Maximum lot coverageB. Maximum floor area ratio and provided total FAR does not . 20 - R1 45%.None established, exceed 45% , etc. Appendix area will count as first floor area. ; 7.5, 8, 10 - this 6, R1 - floor area house, this area will count as second story floor area; R1 re; and story story house, - - counted as the second floor to first floor ratio - selected; ciples" are attached hereto as double and incorporated herein by this reference. be An identifiable architectural style shall be provided; Design features, proportions and details shall be consistent with the architectural style Visual relief deemed to be appropriate by the Director of Community Development shall be provided; Materials shall be of high quality; Ensure appropriate building mass and scale; Design with architectural integrity on all sides of the structuThe design shall reflect symmetry, proportion and balance. The "City of Cupertino Two Story Design PrinA a.b.c.d.e.f.g.h. 5 - 45% of the existing or proposed first floor area, or The Director of Community Development may Shall If the house is a two .. R1 1. 750 square feet, whichever is greater. 2. grant approval to greater than 45% provided that the following design principles are met: 12 3. If the house is a one > R1 Ordinance floor st to 1 with heights nd Reformatted Draft C. Maximum floor area ratio, 2D. Interior areas (measured from the floor to the top of roof rafters) 16 feet if, after the , 0 m the front setback section 19.28.13 20 - side by side. shall be less than 10 feet) R1 shall occur , etc. 7.5, 8, 10 - (no side yard setback 6, R1 - with a Minor Residential Permit, subject to , R1 15 feet combined (no side yard setback shall be less than 5 feet) car garages oriented to the public right of way, the wall plane of the third space - two side yards, the setback shall be consistent for all side yards between the front property o more than two (2) 15 foot setbacks . N be reduced to 10 feet 5 feet but not less than 20 feet from the rear property line of an adjacent single family dwelling - May 20 feet feet . . R1 20 feet15 feet.For projects with threeshall be setback a minimum of two (2) feet from the wall plane of the other two (2) spaces.5 feet 512 feeta b25 feet 25 feet combined (no side yard setback shall be less than 10 feet)25 feet combined side yard setback 10 reduction, the useable rear yard is not less than 20 times the lot width as measured froline. R1 Ordinance car garage For lots that have more than - lot - e Minimum setbackSide entering garage with curved drivewayThreInterior SideStreet Side orner lot orner nterior lot Reformatted Interior LotInterior Side IRear yardC C . a.b.c.a.b.a. 1. Front yarda4. 3. 3. 1. Front yard2. Side yarda. Draft E. Minimum first floor setbacks 2. Side yard line and rear property line F. Minimum second floor setbacks cept 20 - R1 , etc. shall be located immediately adjacent to the lightwell 7.5, 8, 10 - 0 for permits required. second floor to first floor ratios greater than 45%. 6, R1 - with R1 story house with a basement, one lightwell may be up to 10 feet wide and 10 - homes to the basement and all lightwell retaining walls shall be treated and/or reinforced with the See section 19.28.04 . added in whole or any combination to the second floor front and/or side yard setback from any property line oes not apply 5 feet - Must be 10 feet D hall be the minimum required by the California Building Code for egress, light, and ventilation, ex . S28 feet R1 12 feet20 feet 25a b.requirements. c. 15 feet20 feet that in the case of a singlefeet long.5 feet10 feetMaximum height of 3 feet. The fence Lightwells that are visible from a public street shall be screened by landscaping.The perimeter of most effective root barrier measures as determined by the Director of Community Development. Limited to one story(not to exceed 18 feet) gs R1 Ordinance charge s econd story deck setbacks sur s lot ear yard ide yard R S oot barrier uilding lag etback Reformatted . Street Sidevolume of lightwells SR FB b. a . Lightwell railin. Lightwell . b. 5. Rear yard6. 1. Side yard2. Rear yardBasement2. Minimum setback for lightwell retaining wall345 4. 1. Number, size, and screeningmeasures1. 2. Zoning Districts Minimum s Draft I. G. H. Maximum height feet for story - ; and ; 0 on to this regulation based on the story structures and single - ope defined by: 20 - R1 e end of a roof enclosing an attic space may have a building envel ial Permit subject to section 19.28.13 t , etc. , a gabl 7.5, 8, 10 homes with second floor to first floor ratios greater than 45%. - plate to and shall be offset a minimum of four (4) feet from the first story exterior to the peak of the roof as measured from natural grade, or up to 20 6, R1 - top of feet R1 er length of the second story walls shall not have exposed wall heights greater building envelope story structures must fit into the ; - 25 degree roof line angle projected inward at the 10 foot high line referenced above ; and hall have a minimum two (2) foot high overlap of the adjoining first story roof against the second story 5 - This regulation does not apply A S 50% of the total perimet The overlap shall be structural Defined by a 10 foot high vertical line from natural grade measured at the property line . . Notwithstanding the . The maximum exterior wall height and building height on single R1 asections of twoi. ii b a. than six (6) feet b. e. The Director of Community Development may approve an exceptifindings in section 19.28.140.14 feet from natural grade to The setback and height restrictions provided in this chapter may be varied for a structure utilized passive or active solar purposes, provided that no such structure shall infringe upon solar easements or adjoining property owners. Variation from the setback or height restrictions of this chapter may be allowed only upon issuance of a Minor Residen maximum wall height of 17with a Minor Residential Permit. wall c. wall plane. d. R1 Ordinance building “i” suffix * Reformatted with envelopeexposed wall heightsheight . Entry feature . First floor . Second story 5 34 . Solar Design Draft I g district ), 1993; Ord. story home or second story - a, or 750 square feet, whichever is greater. hall be provided; overhangs, patios, porches, and other similar e district. - to preclude a harmonious two ), 2001; Ord. 1863, (part), 2000; Ord. 1860, § 1 (part), 2000; Ord. 1834, Visual relief deemed to be appropriate by the Director of Community Development shall be provided; Materials shall be of high quality; Ensure appropriate building mass and scale; Design with architectural integrity on all sides of the structure; and The design shall reflect symmetry, proportion and balance. An identifiable architectural style sDesign features, proportions and details shall be consistent with the architectural style selected; d.e.f. a.b.c.g. Xe - 45% of the net lot area. An additional 5% is allowed for roof 45% of the existing or proposed first floor areThe Director of Community Development may grant approval to the second floor to first ), 1992) R1 1. 2. features not enclosed by walls on at least three (3) sides45% of the net lot area1. 2. floor ratio greater than 45% provided that the following design principles are met: st to 1 nd e) Development Regulations - R1 Ordinance family residence "Eichler districts" protect a consistent architectural form through the establishment of district site - 0 Eicher (R1 . 8 Reformatted e single - Pertains to all buildings in a designated area as prescribed by the City Council by affixing the designation “i” to the zonin - Draft *symbol (Ord. 2039, (part), 2009; Ord. 1954, (part), 2005; Ord. 1868, (part(part), 1999: Ord. 1808 (part), 1999; Ord. 1799 § 1, 1998; Ord. 1784, (part), 1998; Ord. 1637, (part), 1993; Ord. 1635, (part1630, (part), 1993; Ord. 1601, Exh. A (part 19.28.0 R1development regulations. Nothing in these regulations is intended addition. Table 19.28.080 sets forth the building development regulations in the R1 A. Maximum lot coverageB. Maximum floor area ratio C. Maximum floor area ratio, 2floor and counted as - yard setback -- double must not be less than 20 feet from and shall be and nt as second story floor area; 25 feet combined side Second floor25 feet25 feet combined (no side yard setback shall be less than 10 feet)12 feet 10 feet the rear property line of an adjacent single family dwelling20 feet 25 feet area will count as first floor area. car garages oriented story house, this area will cou story house, this - - two (2) 15 foot --- the wall plane of the occur side by side. ; shall . The "City of Cupertino Two Story Design Principles" are attached hereto as an Appendix and incorporated herein by this reference. easured from the floor to the top of the roof rafters, h. Xe feet - M20 feet R1 1. floor area 2. If the house is a two 3. If the house is a oneFirst floor20 feet15 feet. No more than setbacks For projects with threeto the public right of way, the wall plane of the third space shall be setback a minimum of two (2) feet from other two (2) spaces.15 feet combined (no side yard setback shall be less than 5 feet)125 feeta. > 16 feet R1 Ordinance Garage riveway car Side - orner lot Minimum setbackSide entering garage with curved dThreeInterior Lot Street lag lot C Reformatted ii. Interior Side i. . F . Rear yard b. a.b.c.a. c 1. Front yard2. Side yard3 Draft D. Interior areas with heights E. Minimum setbacks ll be the 15 feet20 feet by landscaping. feet Setback distance added in whole or any 10 This regulation does not apply for homes a. b.combination to the second floor front and/or side yard setback requirements. c. second floor to first floor ratios greater than 45%. section With a Minor , story house with a basement, one lightwell may be up to 10 feet - - if, after the reduction, the useable s ity Development. , be reduced to 10 feet ay Xe - M The number, size, and volume of lightwells and basement windows and doors sha R1 b.-- minimum required by the California Building Code for egress, light, and ventilation, except that in the case of a singlewide and 10 feet long.5 feet10 feet3 feet and shall be located immediately adjacent to the lightwellLightwells that are visible from a public street shall be screened The perimeter of the basement and all lightwell retaining walls shall be treated and/or reinforced with the most effective root barrier measures as determined by the Director of Commun Residential Permit, subject to 19.28.120rear yard is not less than 20 times the lot width as measured from the front setback line. retaining wall ction 19.28.030 for permits required.root See se - R1 Ordinance (suggest changes as in table above) e yard Side yardRear yard ear yard ightwell retaining wall Sid Reformatted R L . . Surcharge setback. Lightwell railings. Lightwell landscaping a.b. 41. Number, size, and volume of 2. Minimum setback for lightwellb345. lightwellsbarrier measures a. . Basements . Second Story Decks Draft 5F ; ; and story structures and - vided in this chapter may be varied for a structure ; story structures must fit into the building envelope defined by: - ; and ns of two story wall ector of Community Development may approve an exception to this regulation story sectio - 25 degree roof line angle projected inward at the 10 foot high line referenced above 10 foot high vertical line from natural grade measured at the property line hall have a minimum two (2) foot high overlap of the adjoining first story roof against Xe - A 50% of the total perimeter length of the second story walls shall not have exposed wall The overlap shall be structural and shall be offset a minimum of four (4) feet from the first A . R1 28 feeta. The maximum exterior wall height and building height on singlesinglei. ii b. Notwithstanding the building envelope, a gable end of a roof enclosing an attic space may have a maximum wall height of 17 feet to the peak of the roof as measured from natural grade, or up to 20 feet with a Minor Residential Permit. a. heights greater than six (6) feet b. Sthe second c. story exterior wall plane. d. This regulation does not apply for homes with second floor to first floor ratios greater than 45%. e. The Dirbased on the findings in section 19.28.140.See Two Story Design Guidelines, Section 19.28.090The setback and height restrictions proutilized for passive or active solar purposes, provided that no such structure shall infringe upon solar easements or adjoining property owners.Integrated with the roofline of the house the street (suggest changes as in Table above) R1 Ordinance building envelope ory exposed wall Reformatted heights 1. Total building height2. First floor 3. Second st4. Entry feature height 1. Entry features facing . Solar Design . Maximum height . Building design requirements Draft G HI - double and shall be except as follows: overhangs, patios, porches, and other a district. story house, this area will count as second story floor area; - - ; in height, measured from the top of the floor to the top of the wall floor area A second floor may be at least 750 square feet in area 1 % of the existing or proposed first floor area, easured from the floor to the top of the roof rafters, a - a. b. In no case shall a second floor be more than 1,000 square feet in area 45% of the net lot area. An additional 5% is allowed for roofM R1 1. 2. similar features not enclosed on by walls on at least three (3) sides45% of the net lot area1. 401. counted as2. If the house is a twoand rural setting in neighborhoods with large lots. - Xe - 2 R1 3:12 (rise over run)Shall incorporate vertical grooves, up to 6 inches apartThe building design shall incorporate straight architectural lines, rather than curved linesNo more than 12 inches above the existing gradeShall not exceed 9 feet plate a). - floor t s (R1 – to 1 nd einforce the semi > 16 feet R1 Ordinance are intended to r Development Regulations lding design 0 9 Reformatted public street (not including the garage door) a districts 2. Maximum roof slope3. Wood siding on walls facing a 4. Bui5. First floor elevation6. Exterior walls adjacent to side - Draft yards (Ord. 2039, (part), 2009; Ord. 1954, (part), 2005; Ord. 1868, (part), 2001; Ord. 1860, §1 (part), 2000)19.28.0 R1 Table 19.28.090 sets forth the building development regulations in the R1 A. Maximum lot coverageB. Maximum total floor area ratio (including all structures and floors on the lot)C. Maximum floor area ratio, 2D. Interior areas with heights - roperty line of an s first floor area. combined side yard setback story wall plane feet Second floor 30 feet35 feet combined (no side yard setback shall be less than 15 feet)2512 feet10 feet and must not be less than 20 feet from the rear padjacent single family dwelling20 feet from any property line40 feet area will count a front elevation.pervious surfaces. - car garages story house, this - two (2) 15 foot - ide by side. - occur s facing wall plane(s) of the second story must be offset a minimum of - shall 1 a - R1 3. If the house is a oneFirst floor 30 feet15 feet. No more than setbacks For projects with threeoriented to the public right of way, the wall plane of the third space shall be setback a minimum of two (2) feet from the wall plane of the other two (2) spaces. 10 feet both sides 12 feet5 feet20 feetThe second story shall not cantilever over a firstThe frontthree (3) feet from the first story wall plane(s). The intent of this regulation is to avoid a two story wall plane on the 1. No more than 50% of the front yard setback area may be covered with a combination of impervious or semi R1 Ordinance Car Garage floor wall plane - ior lot st facing wall plane(s) Street sideInterior side - orner lot to 1 nter Minimum setbackSide entering garage with curved drivewayThreeIC lag lot nd i. Reformatted ii. . Rear yard a.b.c.a.b. 1. Front yard2. Side Yard31. 22. Front c .F . Front Yard Paving . Second story design regulations Draft E. Minimum setbacks (measured from property line) F G story - t into the foot high line referenced 2 story house with a basement, - and located 10 feet from property ; story structures must fi - ; and ll himneys, antennae, or other appurtenances) story sections of two - e basement and all lightwell retaining walls shall be treated ce such as concrete or asphalt. tilation, except that in the case of a single foot high vertical line from natural grade 2 25 degree roof line angle projected inward at the 1 1 1 a hall have a minimum two (2) foot high overlap of the adjoining first story roof - A 50% of the total perimeter length of the second story walls shall not have . R1 2. No more than 40% of the front yard setback area may be covered with an impervious surfaThe number, size, and volume of lightwells and basement windows and doors shall be the minimum required by the California Building Code for egress, light, and venone lightwell may be up to 10 feet wide and 10 feet long.5 feet10 feet3 feet and shall be located immediately adjacent to the lightwellLightwells that are visible from a public street shall be screened by landscaping.The perimeter of thand/or reinforced with the most effective root barrier measures as determined by the Director of Community Development.28 feeta. The maximum exterior wall height and building height on singlestructures and singlebuilding envelope defined by:i. Alines; and iiabove a. exposed wall heights greater than six (6) feetb. Sagainst the second story wa root barrier sed wall heights R1 Ordinance building envelope ightwell retaining wall Side Yard Reformatted Rear yard L . measures . Lightwell railings. Lightwell landscaping. ab. 1. Number, size, and volume of lightwells2. Minimum setbacks for lightwell retaining walls3451. Total building height3. Second story expo 2. First floor . Basements . Maximum height (measured from natural grade, not including fireplace c Draft H I . able family T - 19.50 in aces apter with the adopted single . ghborhood pattern in terms of building of the Cupertino Municipal Code in 28.140. 19.124 2 a - R1 1 Xe - R1 fringe upon solar easements or adjoining property owners. 1 a - The overlap shall be structural and shall be offset a minimum of four (4) feet 20 . The Director of Community Development may approve an exception to this - R1 c. from the first story exterior wall plane.dregulation based on the findings in section 19.See Two Story Design Guidelines, Section 19.28.09015 feet20 feetThe setback and height restrictions provided in this chapter may be varied for a structure utilized for passive or active solar purposes, provided that no such structure shall in R1 , etc.; story addition to an existing house, shall be generally consistent - uired. 6, 7.5, 8, 10 - a regulations shall require a Variance pursuant to Chapter - R1 and R1 Design Guidelines R1 Ordinance e met prior to design approval: 5 Notwithstanding the above, a request for reasonable accommodation may be made by any person with a disability, - ar story house, or second R1 The mass and bulk of the design should be reasonably compatible with the predominant neighborhood pattern. New construction should not be disproportionately larger than, or out of scale with, the neiforms, roof pitches, eave heights, ridge heights, and entry feature heightsThe design should use vaulted ceilings rather than high exterior walls to achieve higher volume interior sp - Two Story below a district. - Reformatted 100 4. Entry feature height1. Side yard2. Rear yard . Solar Design . Second story deck minimum setbacks (measured from property line and may only be located on the front and rear of the house) Variation from the R1 Draft JSee section 19.28.030 for permits reqK 1 the R1when the strict application of the provisions in this section, act as a barrier to fair housing opportunities, pursuant to Ch (Ord. 2056, (part), 2010; Ord. 2039, (part), 2009; Ord. 1954, (part), 2005)19.28. Any new tworesidential guidelines. The Director of Community Development shall review the project and shall determine that the items19.28.100 Neighborhood A. Compatibility and ProportionalityB. Higher volume nd e provided wide porches are encouraged btrusive or massive story elements in the neighborhood - 2 a - Traditional, open R1 1. Maximum of 25 feet 2. Additional garage spaces should bthrough the use of a tandem garage or a detached accessory structure at the rear of the propertya. b. When viewed from the street, a porch should appear proportionately greater in width than in heightStructural supports must be designed such that the appearance is not oThe use of large columns or pillars is discouragedThe eave height for a front porch should not be significantly taller than the eave height of typical single 1 Xe - y greater height than its width) R1 al elements should be aligned with one another vertically and horizontally 20 - R1 - , etc.; car wide driveway curb cut - 6, 7.5, 8, 10 - R1 an entry element, which has a proportionatel R1 Ordinance 5 - R1 There should not be a threeNo more than 50% of the front elevation of a house should consist of garage areaLong, unarticulated, exposed second story walls should be avoided since it can increase the apparent mass of the secostoryThe current pattern of side setback and garage orientation in the neighborhood should be maintainedWhen possible, doors, windows and architecturand symmetrical in number, size and placement. Porches are encouraged Reformatted (A porch differs from es Draft porch . Eave height 1. Front 3. Columns4 2. Posts Exposed interior spacesC. Curb cutD. Garage width on front elevationE.second story wallsF. Side setback and garage orientation patternG. Window, door, and architectural element alignmentH. Porches height all offsets at least every 24 . Xe zone - 2 a - R1 Porch elements should have detailing that emphasizes the base and caps for posts and fence elements1. Should be fixed and obscured to a height of six (6) feet above the second floor; 2. Should have permanent exterior louvers to aof six (6) feet above the second floor; or3. Should have sill heights of five (5) feet or greater to mitigate intrusion into a neighbor's privacy1. Should have building wfeet, with a minimum four (4) foot depth and 10 foot width. 2. The offsets should comprise the full height of the wall plane. 1 Xe story homes in the R1 - - R1 14 feet from natural grade to plate foot overhang - his Section shall take precedence. Nonconformance with the guidelines shall be 20 - R1 , etc.; Fairgrove Neighborhood for two - 6, 7.5, 8, 10 ndbook - R1 R1 Ordinance 5 - R1 Living area should be closer to the street, while garages should be set back more. All second story roofs should have at least a one guidelines shall be used in conjunction with the City's Single Family Residential Design Guidelines. In cases where there a - Reformatted R1 The Refer to the Eichler Design Ha Draft 1 2 may be conflict between the two sets of guidelines, tconsidered acceptable only if the applicant shows that there are no adverse impacts from the proposed project. . Detailing 5 of overhang. Entry feature . Second story I. Garage setback to living areaJ. Second story roK. Second story windows on the side elevationsLwall heights greater than six (6) feet from finish floorMheight - . below degree angle on each - irty Table 19.28.110 story windows across the street are g distance between trees. nd story additions, modifications to - ; ounded by a th floor second story decks, two - story additions, modifications to the existing second o meet the requirements in - t a above the - R1 Placed to where views from 2partially mitigated. eet story homes that increase privacy impacts on neighboring story homes and additions, tree and/or shrub planting is f - - shall be accompanied by a planting plan which identifies the story decks, two - story homes, second - new two story homes - mes, second : windows on existing two story ho bscure glass to a height of 6 box or larger, with a minimum height of six (6) feet. - - new shall apply to or s , etc.; . and/ and the visual mass and bulk of new two new second stories in the front yard Table 19.28.110 openable windows - - decks 20 - requirement 6, 7.5, 8, 10 e - with permanent exterior louvers to a height of 6 feet above the second floor; s new windows on existing two estory; R1 - R1 Ordinance R1 , or 5Xe The tree shall be 24 inchIn front of setback area. -- operable windows with o The Planning Division shall maintain a list of allowed privacy planting trees and shrubs. The list includes allowed plant New trees and/or shrubs are required on the applicant’s property in an area b - R1R1 a.b.a. side window jambb. species, minimum size of trees and shrubs, expected canopy or spread size, and plantin indows and/ SkylightsWindows with a sill height of 5 feet minimum above the finished second floor; andWhen waivers have been obtained by all affected property owners Plan. Proposals for a new two Windows with sills more than 5 feet above the finished second floorObscured, nonWNon Landscape Requirements. 0 1. These requirements shall not apply toa.b.c.d.e.f.g. 1 Reformatted 1 Planting Draft 19.28.1 To mitigate privacy impactsrequired. The intent of this section is to provide substantial screening within three years of planting.A. Applicability. Ththe existing secondresidents. B. story decks,location, species and canopy diameter of existing and proposed trees or shrubs C. Planting Requirements Front yard tree Privacy . 1.2Planting ng as from the ¼ of the spread – . istics of privacy planting second story windows in (b) of this section. facing (C)(3) - 12 feet. or – trees or shrubs if an Internationally Certified . floor; side and rear yard second on the City list. a - . Minimum height . Minimum setback of trees from property line front or privacy R1 d enoted above the ; or feet floor second termined to be infeasible by the Director of Community Development. to issuance of a building permit. minimum above the finished second floor above the vers to a height of 6 feet feet See City list. – , etc.; height of 5 with exterior lou 20 - 6, 7.5, 8, 10 - ; R1 R1 Ordinance R1 indows , 5Xe -- Affected property owner(s) may choose to allow privacy planting on their own property. In such cases, the applicant must New trees or shrubs are not required to replace existing The trees and/or shrubs shall be planted prior to issuance of a final occupancy permit.The privacy mitigation measures may be modified in any way with a signed waiver statement from the affected property . Minimum height R1R1 c.da. Arborist or Licensed Landscape Architect verifies that the existing trees/shrubs have the characterspecies, subject to approval by the Director or Community Development b. plant the privacy screening prior c. owner. Modifications can include changes to the number of shrubs or trees, their species or locationThe property owner shall record a covenant with the Santa Clara County Recorder’s Office that requires the retention of all privacy planting, or use of existing vegetation as privacy planting, prior to receiving a final building inspection Building Division. This regulation does not apply to situations described in subsection The required plants shall be maintained. Landscape planting maintenance includes irrigation, fertilization and pruninecessary to yield a growth rate expected for a particular species.Where required planting is removed or dies it must be replaced within thirty days with privacy tree(s) of similar size as thetree(s) being replaced, unless it is de bscure glass to a height of 6 Cover w Have a window sill O A, B. C. Xe zone: - Reformatted In addition to the privacy planting requirements, the following is required for all Draft 1 the R1 (Ord. 2039, (part), 2009; Ord. 1954, (part), 2005) CovenantReplacement Waivers Maintenance . 34. 5. 6. , ion 2 See sect . t. . See section 19.28.040 for permit requirements. . et into the required front setback 1 Family Residential district. - story addition is not permitted to be within three (3) feet of - the extended wall may not be increased. n is permitted for the life of such building. along its existing building lines if the addition receives a Minor Residential conforming wall and ive (5) feet into the required front setback - existing nonany property line. an encroachment by any building, which is the result of the granting of a variance or exceptioneither before or after such property become part of the City. llowed to encroach two (2) feet into the required front setback area . This section applies to the first story only and shall not be construed to allow the further extension of . Only one such extensio . The maximum length of the extension is 15 feet. . The extension or addition may not further encroach into any required setback and the height of the . This section does not apply to attached accessory structures such as attached carports. . The extension of any wall plane of a first Posts for porches are allowed to encroach two (2) fe 1. Where a building legally constructed according to existing yard and setback regulations at the time of construction, encroaches upon present required yards and setbacks, one encroaching side yard setback may be extendedPermit and conforms to the following: ab c d2 3a. May extend into a required yard a distance not exceeding three feeb. No architectural feature, or combination thereof, whether a portion of a principal or accessory structure, may extend closer than three feet to any property line. 19.28.040 for permit requirements.AMay encroach fAs allowed by Chapter 19.80, Accessory Structures a - a R1 Ordinance a zone - 0 Permitted Yard Encroachments. conforming Wall 2 - Reformatted .28.1 NonPlane for structures not located withinprominent ridgeline site line . Architectural Features 19 Draft Table 19.28.120 sets forth the permitted yard encroachments in the Single Permitted Yard Encroachments A. Extension of a Legal BC. Porch post in the R1zoneD. Low, open fencing for porches in the R1E. Porch platform and roof overhangF. Accessory Structures ss is to affected y or welfare. 000; Ord. 1834, fic plans, zoning and shall include a copy of the Family Residential district. 92) - at could have significant impacts on their inches in size. 17 inches by 11 Permits Director of Community Development shall approve, conditionally approve, or deny the he Upon receipt of a complete application, a notice shall be sent by first class mail to all The notice shall invite public comment by a determined action date T The proposed project is harmonious in scale and design with the general neighborhood. djacent to the subject property, including properties across a public or private street . The granting of the permit will not result in a condition that is detrimental or injurious to property . The project is consistent with the Cupertino General Plan, any applicable speci . Minor Residential 1. owners of record of real property (as shown in the last tax assessment toll) 2.development plans, ATwo weeks1. application. The permit can be approved only upon making all of the following findings: aordinances and the purposes of this title. bor improvements in the vicinity, and will not be detrimental to the public health, safet c a properties - a zone - R1 - n set non R1 Ordinance and pla Minor Residential Permits. 0 3 Reformatted (including attached patio covers) Does not apply in the R1Does not apply to Draft 12 (Ord. 2039, (part), 2009; Ord. 1954, (part), 2005; Ord. 1886, (part), 2001; Ord. 1868, (part), 2001; Ord. 1860, § 1 (part), 2(part), 1999; Ord. 1808, (part), 1999; Ord. 1618, (part), 1993; Ord. 1601, Exh. A (part), 19 19.28.1 Projects that require a Minor Residential Permit shall be reviewed in accordance with this section. The purpose of this proceprovide affected neighbors with an opportunity to comment on new development thproperty or the neighborhood as a whole. Table 19.28.130 sets forth the requirements for Minor Residential Permits in the Single . Decision/findings . Public comment period A. Written noticeB. Mailing radiusCD can be story - story project with a floor - ance with this section. Two year extension without a public notice if - Family Residential district. - cant and any member of the public that commented on Story Residential Permit, while a two - iled and accepted by the City (fees paid and control number issued) Story Residential Permit in accord Modification to the Minor Residential Permit is filed before the expiration - Permits Story Residential Permits in the Single - Story Residential Permit. - Adverse visual impacts on adjoining properties have been reasonably mitigated. Two weeksUnless a building permit is fIn the event that the building permit expires for any reason, the Minor Residential Permit shall . Minor Residential d The City Council, Planning Commission, applithe project shall be notified of the action by first class mail or electronic mail1. Planning Commission1. within one year of the Minor Residential Permit approval, said approval shall become null and void unless a longer time period was specifically prescribed by the conditions of approval 2.become null and void.The Director of Community Development may grant a onean application for a Minordate and substantive justification for the extension is providedAt the discretion of the Director of Community Development a Minor Residential Permit processed concurrently with other discretionary applications story new homes require a Two - R1 Ordinance Story Residential Permit. - 8.140 sets forth the requirements for Two 0 Two 4 Reformatted story additions or two - Two Draft (Ord. 2039, (part), 2009; Ord. 1954, (part), 2005)19.28.1 projects with a floor area ratio under 35% shall require a Level I Twoarea ratio over 35% shall require a Level II TwoTable 19.2 Expiration . Appeal Authority . Notice of action . Appeal Period . Extension. Concurrent Applications EFGH.IJ a - owners of record of Story Permit in the R1 - affected feet wide firmly attached to a Twozone 1. The Design Review Committee may approve a (3) if the address is not known. > e. The City shall approve the otal FAR e at least fourteen days after the date the notice t (for Level I projects) or color perspective inches in siz with 17 feet tall and three (2) d action date and shall include a copy of the development Permit feet of the subject property inches by 300 Story 11 - ithin Two35% (Level II)W , at least <35% pprove, conditionally approve, or deny the a projects) - otal FAR t inches in size. 17 with Permit (for Level II and R1 inches by foot tall post. The notice shall remain in place until an action has been taken on the application and the 11 Story - (5) The exact address of the property, if known, or the location of the property, A brief description of the proposed project, the content of which shall be at the sole discretion of the City;City contact information for public inquiries;A deadline for the submission of public comments, which shall bis posted; Upon receipt of a complete application, a notice shall be sent by first class mail to all The notice shall invite public comment by a determineThe applicant shall install a public notice in the front yard of the subject site that is clearly visible from the public After the advertised deadline for public comments, the Director of djacent to the subject property, ve a.b.c.d. Two(Level I)1. real property (as shown in the last tax assessment toll)2. plans, Aincluding properties across a public or private street1. street. The notice shall be a weatherproof sign, at least twofiappeal period has passed. The sign shall contain the following: A black and white orthographic rendering of the front of the houserenderingillustration or rendering prior to posting.RequiredTwo weeks1. Community Development shall a R1 Ordinance notice and notice Reformatted Draft A. Written plan setB. Mailing radiusC. PostedD. Story polesE. Public comment periodE. Decision/findings n a ’s - blic ns of of the Cupertino family residential oject is generally - making all of the findings Story Permit in the R1 -story development only - The project is generally compatible with the established pattern of building forms, building materials, and desighomes in the neighborhoodThe prcompatible with the Citysingledesign guidelines and the guidelines in this chapter and any inconsistencies have The project is consistent with the Cupertino General Plan and Title 19 Municipal Code The granting of this permit will not result in detrimental or injurious conditions to the property or improvements ithe vicinity, or to the puhealth, safety, or welfare Twozone design review application for twouponbelow: a.b. c. d. > otal FAR t with Permit Story - ses of this title. Two35% (Level II) <35% otal FAR s harmonious in scale and design with the general t with Permit Story - he proposed project i Adverse visual impacts on adjoining properties have been reasonably . The granting of the permit will not result in a condition that is detrimental or . The project is consistent with the Cupertino General Plan, any applicable Two(Level I)application. The permit can be approved only upon making all of the following findings: aspecific plans, zoning ordinance and the purpobinjurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety or welfare. c. Tneighborhood. d. mitigated. R1 Ordinance Reformatted Draft a - tigated to the maximum Story Permit in the R1 - been found to not result in impacts on neighbors Significant adverse visual and privacy impacts as viewed from adjoining properties have been miextent possible Twozone e. > Story Permit shall become null and void. - otal FAR Story Permit can be processed concurrently t - id and control number issued) within one year 19.136 with ore the expiration date and substantive justification for year extension, without a public notice, if an application - Permit Story - es for any reason, the Two Two35% (Level II) Story Permit is filed bef - <35% tions. otal FAR t with Permit Story Permit approval, said approval shall become null and void unless a longer time period was - Story - Any interested party may appeal the action pursuant to Chapter Unless a building permit is filed and accepted by the City (fees paIn the event that the building permit expir Two(Level I)The City Council, Planning Commission, applicant and any member of the public that commented on the project shall be notified of the action by first class mail or electronic mail1. Two weeks 2. Planning Commission1. of the Twospecifically prescribed by the conditions of approval. 2. The Director of Community Development may grant a onefor a Minor Modification to the Twothe extension is provided. At the discretion of the Director of Community Development, a Twowith other discretionary applica R1 Ordinance Reformatted Draft (Ord. 2039, (part), 2009; Ord. 1954, (part), 2005) Appeal Period F. Notice of ActionG. H. Appeal AuthorityI. ExpirationJ. ExtensionK. Concurrent Applications 1 ) 4 ( H inches in 0 l area is de a copy of 7 17 s hereof, affected 19.28.0 inches by 11 story wall planes and the - story wall height regulation in that the - eceipt of a complete application, a notice ation described in Section The project fulfills the intent of the visible secondnumber of twoamount of visible second story walreduced to the maximum extent possible. Upon rThe notice shall invite public comment by a The Director of Community Development may Director of Community Development Exceptions 1. shall be sent by first class mail to all owners of record of real property (as shown in the last tax assessment toll)2. determined action date and shall inclusize. Two weeks1. grant exceptions from the prescriptive design regul a. the development plans, upon making all of the following findings: 0 , 9 0 1 7 f real Family Residential district. - copy of the 19.28.0 - and Section may be granted as provided in this section. ) 4 0 development will not be ( bed in Section 19.28.0 1 11 inch by 17 inch 0 H n 7 descri 19.28.1 19.28.0 and The proposed The literal enforcement of this chapter will result in restrictions inconsistent with the spirit and intent of this chapter. 080 Upon receipt of a complete application, the Properties that are adjacent to the subject site, The Design Review Committee may grant Design Review Committee Exceptions 1. Community Development Department shall set a time and place for a public hearing before the Design Review Committee and send a notice by first class mail to all owners of record oproperty (as shown in the last tax assessment toll) 2.including those across a public or private street, shall receive aplan set with the public notice. 300 feet1. exceptions from the prescriptive design regulations except upon making all of the following findings: a.b. .28. 19 , 0 7 19.28.0 R1 Ordinance 0 Exceptions. 5 Reformatted 1 Draft 19.28.A. Where results inconsistent with the purpose and intent of this chapter result from the strict application of the provisionexceptions to section Table 19.28.150 sets forth the requirements for Exceptions in the Single . Written notice and plan set AB. Mailing radiusC. Public comment periodD. Decision/findings 1 result in shall become null and can be processed 19.136 Exception electronic mail year extension without a public notice if filed before the expiration date and - is The exception to be granted is one that will require the least modification of the prescribed design regulation and the minimum variance that will accomplish the purpose. The proposed exception will notsignificant visual impact as viewed from abutting properties. Director of Community Development Exceptions b. c. Exception tions 1 he and accepted by the City (fees paid and control number issued) approval, said approval shall become null and void unless a longer tor of Community Development, an Exception Exception the building permit expires for any reason, the injurious to property or improvements in the area, nor be detrimental to the public safety, health and welfare. The exception to be granted is one that will require the least modification of the prescribed design regulation and tminimum variance that will accomplish the purpose. The proposed exception will not result in significant visual impact as viewed from abutting properties. Any interested party may appeal the action pursuant to Chapter Unless a building permit is filedIn the event that Design Review Committee Exceptions c. d.The City Council, Planning Commission, applicant and any member of the public that commented on the project shall be notified of the action by first class mail or1. Two weeks 2. Planning Commission1. within one year of the time period was specifically prescribed by the conditions of approval 2. void.The Director of Community Development may grant a onean application for a Minor Modification to the substantive justification for the extension is providedAt the discretion of the Direcconcurrently with other discretionary applica R1 Ordinance Reformatted Draft Appeal Period E. Notice of actionF. G. Appeal AuthorityH. ExpirationI. ExtensionJ. Concurrent Applications ter by the rsuant to e empowered to make reasonable interpretations of the regulations and Planning Commission in writing for review of the interpretation. , a request for reasonable accommodation may be made by any person with a requirements of this section R1 Ordinance . 19.50 0 Interpretation by the Planning Director. Reformatted 15 Notwithstanding the Draft 1 disability, when the strict application of the provisions in this chapter, act as a barrier to fair housing opportunities, puChapter (Ord. 2056, (part), 2010; Ord. 2039, (part), 2009; Ord. 1954, (part), 2005)19.28.In R1 zones, the Director of Community Development shall bprovisions of this chapter consistent with the legislative intent thereof. Persons aggrieved by an interpretation of the chapDirector of Community Development may petition the