.04 MCA-2006-01 review R1 Zoning Ordinance
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014
DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM
Application:
Applicant:
Property Owner:
Property Location:
MCA-2006-01
City of Cupertino
Various
City-wide
Agenda Date: January 23, 2007
Application Summary: Review of Chapter 19.28 Single-Family Residential (R1) Zones
regarding developments proposed on properties with an average slope of 15 % or
greater.
RECOMMENDATION
Staff recommends that the Planning Commission:
1. Take public testimony; and
2. Provide direction on ordinance changes if necessary; and/ or
3. Provide recommendations to the City Council.
BACKGROUND
The following is a brief summary of the background:
. Prior to 1993, the City had limited policies and guidelines regulating properties
located in the hillside area.
. The General Plan of 1993 incorporated more extensive development standards
intended to minimize negative impacts on hillside resources. In that same year,
the Residential Hillside (RHS) Zoning District was revised with a set of
comprehensive hillside development regulations.
. On January 18, 2005, the City Council approved amendments to the R1
Ordinance applying hillside standards to Rllots with an average slope of 15% or
greater.
Please refer to the attached R1 Ordinance Amendment Bulletin for the detail
background information.
DISCUSSION
The new R1 hillside standards raise three fundamental points, the difference between
R1 and RHS standards, slope applicability and geographical applicability. The
following is a brief discussion on each point.
Rl vs. RHS
The main difference between the R1 and RHS Ordinances is the permitted house size in
relationship to parcel size. The R1 Ordinance permits a maximum 45% Floor Area Ratio
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MCA-2006-01
January 23, 2007
Page 2
(F AR). The R1 FAR is not capped and increases as the size of the property increases
regardless of the slope of the property. The maximum home size under the RHS
Ordinance is a function of the property size and steepness capped at 6,500 square feet
maximum. Under the RHS Ordinance, the allowable home size decreases as the slope
of the lot increases.
Example: A maximum 9,000 sq. ft. home is allowed on a 20,000 sq. ft. lot under the R1
Ordinance. However, under the RHS ordinance, the same lot (assuming a 15% average
slope) will only permit a 4,714 sq. ft. home (the sq. ft. of the home may be further
limited depending on the steepness of the lot).
In addition, the RHS Ordinance places greater emphasis on appropriate home size,
proper site drainage, grading activities and design standards that are compatible to the
terrain. The RHS Ordinance provides additional development guidelines to minimize
any visual and/ or physical impacts to the hillside and to the adjoining neighboring
properties. Please refer to the attached RHS Ordinance summary table for a detailed list
of key sections of the RHS Ordinance that are applicable to R1 hillside properties.
Slope Applicability
Prior to the 2005 amendment, R1 development occurring on portions of a lot with
slopes 30% or greater is required to adhere to both the R1 and RHS Ordinance,
whichever is more restrictive. The City has been sensitive to hillside developments in
the recent years and the City Council as part of the 2005 R1 Ordinance Amendment
adjusted the threshold for applying RHS regulations to R1lots with an average slope of
15% or greater. The reason why 15% slope was suggested was because the General Plan
identifies that minimum slope problems increases to significant slope problems at 15%.
In addition at 15% or greater, slope
becomes a very significant factor in
development. Development of
level building sites requires
extensive cut and fill in this slope
category and the design of
individual houses to fit terrain
becomes important.
100 Ft.
15% Average Slope
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The Planning Commission has the following options:
1. Retain the average 15% slope threshold; or
2. Adjust the threshold anywhere between an average slope range of 15% to 30%; or
3. Revert back to the original 30% threshold standard.
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MCA-2006-01
January 23, 2007
Page 3
EXAMPLES OF SLOPE
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Approx. 15% to 20% Slope
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MCA-2006-01
January 23, 2007
Page 4
Geographical Applicability
This issue basically boils down to where the hillside slope begins. In the past, the City
has used a 10% slope line to demarcate hillside properties from flatter valley floor
properties. This is evident of the hillside transition line or urban/hillside boundary
found on several General Plan maps (please refer to the General Plan Figure 2-B &
Figure 5-B).
The majority of the properties up slope or west of the hillside transition line are zoned
Residential Hillside (RHS) and is under the City's hillside development standards.
However, there is a hand full of properties that are upslope or west of the hillside
transition line that are currently zoned Rl. These properties may posses the same
hillside characteristics in terms of steepness/ slope, size or development potential but
are not protected by the same hillside development standards. From an equity
perspective, all of the residential hillside properties west of the hillside transition line
should be governed by the same hillside standards in order to protect the look and feel
of the hillsides.
Currently, the new 2005 Rl hillside standards are applicable to any Rllots with an
average slope of 15% or greater, regardless of their geographical location. This means
that smaller Rl sloping lots located in an existing established neighborhood on the
valley floor (east of the hillside transition line) will also be affected. The hillside
development standards on these lots will have limited effects since their development
potential have been maximized. The new Rl Ordinance is intent to affect development
intensities on hillside properties that are located west of the hillside transition line that
are currently zoned Rl but have slopes similar to other RHS properties.
Planning Commission has the following options:
1. Retain the geographical applicability of the current Rl hillside development
standards; or
2. Limit the geographical applicability of the hillside development standards to
only properties west of the hillside transition line (10% slope line); or
3. Revert to Rl hillside standards prior to the 2005 Rl Ordinance Amendment
where only developments on slopes of 30% or greater will be subjected to the
hillside standards regardless of geographical location.
Prepared by: Gary Chao, Associate Planner-u-~
Approved by: Steve Piasecki, Director of Community Developme~
Enclosures: Rl Ordinance Amendment Community Bulletin C~
RHS Ordinance Summary Table
General Plan Slope Description Slope Concerns (Appendix F)
Findings of the Environmental Review Committee
Rl Ordinance
RHS Ordinance
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City of Cupertino Community Outreach Bulletin
R1 ORDINANCE AMENDMENT
HillSIDE PRO,PERTIES
The General Plan and City
Ordinances Online
The City's RHSlRI OIdnnaoces and the
General Plan may be downloaded or
viewed on the web at _.cupertino.org!
. planning
How is Slope Determined?
The slope or the gradient is commonly used
to describe the measurement of the steep-
ness, incline, or grade of a straight line. A
higher slope value indicates a steeper
incline. The slope can be defined in several
I ways: As the relationship between the sides
I of the triangle representing a vertical sec-
,tion of a hill, or as the angle between the
. terrain and the horizontal plane. For the
I purpose of defining hillside properties in R 1
I Zoning Districts, the concept of steepness
I of terrain will be defined and discussed as a
"percentage of slope:
,"Percent of slope" is defined as a measure-
ment of steepness of slope which is the
ratio between vertical and horizontal dis-
tances expressed in percent. As illustrated
below, a 15% slope is one which rises
vertically 15 ft. in a 100 ft. horizontal dis-
I tance.
I
.
15'Jikera9"Slope . _ /
~ ~.~~ 15Ft.
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100 A..
Affected Properties
Properties that are currently located in a Single Family Residential (Rl) Zoning
District with all of the following characteristics:
. Overall average slope of 15% or greater.
. Vacant or occupied properties.
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Background
The Cupertino City Planning Commission will
be holding a public hearing on January 23,
2007 to discuss the applicability of a previ-
ously amended section (19.28.050C1) of the
Single Family Residential (R1) Zone relating
to development standards on properties with
an average slope equal or greater than fifteen
(15%) percent.
Residential Hillside (RHS) Zoning District was
revised with a set of comprehensive hillside
development regulations. Currently the hill-
side properties (RHS Zones) and the valley
floor (R1 Zones) are divided by a 10% slope
line. However, there are numerous R1 Prop-
erties that are located on the hillsides and
possess hillside characteristics that warrant
the same hillside development standards from
the RHS Ordinance.
Prior to 1993, the City limited policies and
guidelines regulating properties located in the
hillside area. The General Plan of 1993 incor-
porated more extensive development stan-
dards intended to minimize negative impacts
on hillside resources. In that same year, the
On January 18, 2005, the City Council ap-
proved amendments to the R1 Ordinance.
The council decided to increase the develop-
ment standards for the R1 hillside properties.
Intent
The Cupertino General Plan promotes hillside protection. The General Plan Policies 2-48 to 2-
52 outline goals and standards for hillside developments. The City Council recognized the sen-
sitivity of constructing in the hillsides therefore adjusted the trigger point for increased regulation
for R1 hillside properties. The intent of the stricter R1 hillside standards is to ensure a balance
between residential developments and preservation of natural hillside settings. .
Applicability
The new R1 Ordinance now requires all development on properties with an average slope equal
to or greater than 15% must meet both R 1 and RHS regulations, whichever is more restrictive.
The RHS Ordinance places greater emphasis on appropriate house size, proper site drainage,
grading activities and design standards that are compatible to the terrain. The main difference
between the R 1 and RHS Ordinance is the allowable house size relative to the parcel size.
Please refer to the following summary table for the key differences of the two ordinances:
RHS
R1
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City of Cupertino Community Outreach Bulletin
How is the Community Included in the
Planning Process?
The City is Committed to involving the commu-
nity in the planning process for the R 1 Ordi-
nance Amendment on hillside properties by es-
tablishing a thorough and open process that pro-
vides numerous opportunities for community
input at the up coming Planning Commission
and City Council hearings. In addition, any resi-
dence may contact City staff with questions or
inputs. The inputs received from the public will
be forwarded to the Planning Commission and
City Council for consideration.
C~y of Cupertino Planning
Department
10300 Torre Avenue
Cupertino. CA 95014
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Phone: 408.777 .324 7
Fax: 408.777.3333
E-mail: garyc@wpertino.org
Please contact, Gary Chao, Associate Planner
for questions or additional information @
408.777.3247 or garyc@cupertino.org.
Web Address:
www.cupertino.org/
planning
Who Should Care?
th-e ;wn~~, -de-velope~s and/or ~eighbors of R 1 zoned properties j
with an average slope of 15% or greater.
- ---
The Planning Process
- - -
=> On December 22. 2006, the City of Cupertino mailed notices
to residences located west of the Union Pacific railroad track
regarding the up coming Planning Commission meeting.
=> The Planning Commission is meeting on January 23, 2007
to discuss and review public inputs on the revised ordinance
regarding R1 hillside properties.
l
....e.otential-P-o.ints-of-D.iscussion
,Slope AppliCabilit~ - Sh0ulCii"tl:1e
trigger peiQt be.adjws.ted?
=> There may be additional Planning Commission meetings
depending on the discussions and the recommendations of
the Planning Commission.
=> The City Council meeting will be determined at a later date.
Geographical App.ticabflity -
Should the new R1 hillside de-
velopment standards be applied
to all R 1 properties or just the
properties on the hillside west of
the 10% sloRe line?
l-f -6
Total house
size
Downhill
facing
setbacks
Maximum
downhill
facing wall
height
Articulation
rules
Site Grading
Colors
RHS Ordinance Summar Table
RHS
Slope & Lot Size Adjustment
Criteria* (capped at 6,500 sq.
ft. .
At least 75% of the 2nd story
downhill facing wall plane shall
be set back an average of 7.5 ft.
and in no case less than 5 ft.
The remaining 25% may not
extend pass the 1st story wall
lane.
15 ft. maximum.
Rl
Maximum 45 % of the net lot
size (no cap).
NjA
NjA
The downhill elevation of the N j A
main structure shall have a min.
of 4 offset building and roof
elements.
Wall planes exceeding 1 story or
12 ft. in height, whichever is
more restrictive, must contain
architectural elements which
provide relief and break up
ex ansive wall lanes.
All site grading shall be limited N j A
to a cumulative total of 2,500
cubic yards (cut + fill).
A maximum of 2,000 sq. ft. of
flat yard area may be graded
excludin drivewa s .
Exterior colors of all structures N j A
on the lot shall use natural earth
tone and! or vegetation colors
and shall not exceed a
reflectivity value of 60 on a flat
surface.
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Lighting
RHS
No high intensity lights are
permitted for tennis courts, or
other recreational purposes.
Movement-activated security
lights, not to exceed 100 watts,
are permitted but must be
shielded to avoid all off-site
intrusion.
Rl
N/A
Fencing
Solid board fencing shall be N / A
limited to 5,000 sq. ft. for lots
exceeding 30,000 sq. ft. in net lot
area.
o en fencin is encoura ed.
Landscaping A license landscape architect N/ A
/ soil erosion shall prepare a tree planting
plan and, in consultation with
the applicant and the City
Engineer, shall submit a plan to
prevent soil erosion and to
screen out and fill slo es.
*The actual house size may be less than 6,500 sq. ft. depending on the lot size and
steepness of the property. Home size decreases when steepness of the lot
mcreases.
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GENERAL PLAN DESCRIPTION OF SLOPE CONCERNS
Appendix F
Percent of
Slope
Description of Slope;
Problems
Relatively level land. Little or no development problems due to steepness of slope.
08K,
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15-30%
30-50";,
5\.)1~(,+
?v1inimum slope problems increasing to significant slope problems at lS'}\). lS'X, is
the maximum grade otten considered desirable on subdivision streets, Above
lSl)(" roads must run diagonally to, rather than at right angles to contours in.creas-
ing the amount ()f cut and filL For example, the lower segment of San Juan Road
in the Cupertino foothills averages 20% in grade,
Slope becomes a v('ry significant factor in development at this steepness.
Development of level building sites requires extensive cut and fill in this slope
categl''1' and the design of individual hOLlses to fit terrain becomes important.
Slope is extremely critical in this rang('. Allowable steepness of cut and rill slopes
approach \ lr Ct ,ine idt:> ,,,,ith natural sl()~X's resulting in very largl;' cuts and fills under
cnnn-ntlonal developml'nt. In some cases, fill ,,,,ill not hold on these slopes unless
speciall'etaining devices are used. Because (,f the gmding problems associltell
with this catel.::ory, indivillual homes should be placed on natural building sites
where tIwy occur, or buildinr.::s should be designed to fit the particular site,
Almost any devt'k'pment can result in extreme disturbances in this slope categ,)ry.
Except in tIle most stable native material special retaining devices may he needed.
4--11
CITY OF CUPERTINO
RECOMMEND A nON OF ENVIRONMENTAL REVIEW COMMITTEE
January 10, 2007
As provided by the Environmental Assessment Procedure, adopted by the City Council
of the City of Cupertino on May 27, 1983, as amended, the following described project
was reviewed by the Environmental Review Committee of the City of Cupertino on
January 10, 2007.
PROTECT DESCRIPTION AND LOCATION
Application No.:
Applicant:
Location:
MCA-2006-01 (EA-2006~12)
City of Cupertino
Citywide
DISCRETIONARY ACTION REQUEST
Municipal Code Amendment to Chapter 19.28 Single Family Residential (R1) Zones
regarding buildings proposed on properties with an average slope equal to or greater
than fifteen percent
FINDINGS OF THE ENVIRONMENTAL REVIEW COMMITTEE
The Environmental Review Committee recommends the granting of a Negative
Declaration finding that the project is consistent with the General Plan and has no
significa environmental impacts.
Steve Piasecki
Director of Community Development
g/ercjREC EA-2006-12
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Check with the Public Works Department
regarding potential street dedication prior to
designing a new home or an addition.
19.28.010
CHAPTER 19.28: SINGLE-FAMILY RESIDENTIAL (Rl) ZONES
Section
19.28.010
19.28.020
19.28.030
19.28.040
19.28.050
19.28.060
19.28.070
19.28.080
19.28.090
19.28.100
19.28.110
19.28.120
Purposes.
Applicability of regulations.
Permitted uses.
Conditional uses.
Development regulations (site).
Development regulations (building).
Landscape requirements.
Permitted yard encroachments.
Minor residential permit.
Two-story residential permit.
Exceptions.
Development regulations-Eichler
(Rl-e).
Development regulations-(R I-a).
Interpretation by the Planning
Director.
19.28.130
19.28.140
19.28.010 Purposes.
R -1 single-family residence districts are intended to
create, preserve and enhance areas suitable for detached
dwellings in order to:
A. Enhance the identity of residential neighborhoods;
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
of structures within residential peighborhoods;
D. Reinforce the predominantly low-intensity setting
in the community; (Ord. 1954, (part), 2005; Ord. 1868,
(part), 2001; Ord. 1860, ~ 1 (part), 2000; Ord. 1834, (part),
1999; Ord. 1601, Exh. 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 or enlarged in an R-l single-family residence district
other than in conformance with the provisions of this chapter
and other applicable provisions of this title. (Ord. 1954,
(part), 2005; Ord. 1860, ~ 1 (part), 2000; Ord. 1834, (part),
1999; Ord. 1601, Exh. A (part), 1992)
19.28.030 Permitted Uses.
The following uses shall be permitted in the R -1 single-
family residence district:
2005 S-4
A. Single-family use;
B. A second dwelling unit conforming to the
provisions, standards and procedures described in Chapter
19.82, except for those second dwelling units requiring a
conditional use permit;
C. Accessory facilities and uses customarily
incidental to permitted uses and otherwise conforming with
the provisions of Chapter 19.80 of this title;
D. Home occupations in accordance with the
provisions of Chapter 19.92;
E. Horticulture, gardening, and growing of food
products for consumption by occupants of the site;
F. Residential care facility that is licensed by the
appropriate State, County agency or department with six or
less residents, not including the provider, provider family or
staff;
G. Small-family day care home;
H. The keeping of a maximum of four adult
household pets, provided that no more than two adult dogs
or cats may be kept on the site;
I. Utility facilities essential to provision of utility
services to the neighborhood but excluding business offices,
construction or storage yards, maintenance facilities, or
corporation yards;
J. Large-family day care homes, which meet the
parking criteria contained in Chapter 19.100 and which are
at least three hundred feet from any other large-family day
care home. The Director of Community Development or
his/her designee shall administratively approve large day
care homes to ensure compliance with the parking and
proximity requirements;
K. Congregate residence with ten or less residents.
(Ord. 1954, (part), 2005; Ord. 1860, ~ 1 (part), 2000; Ord.
1834, (part), 1999; Ord. 1688, ~ 3 (part), 1995; Ord. 1657,
(part), 1994; Ord. 1601, Exh. A (part), 1992)
19.28.040 Conditional Uses.
The following uses may be conditionally allowed in the
R-1 single-family residence district, subject to the issuance
of a conditional use permit:
A. Issued by the Director of Community
Development:
1. Temporary uses, subject to regulations established
by Chapter 19.124;
29
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31
Single-Family Residential (Rl) Zones
19.28.060
1. The maximum floor area ratio of all structures on
a lot shall be forty-five percent.
2. The maximum floor area of a second story shall
be forty-five percent of the existing or proposed first story
floor area, or seven hundred fifty square feet, whichever is
greater.
3. Interior areas with heights above sixteen feet,
measured from the floor to the top of the roof-rafters, have
the mass and bulk of a two-story house and shall be counted
as floor area.
a. If the house is a two-story house, this area will
count as second story floor area; otherwise, the area will
count as first floor area.
C. Design Guidelines.
1. Any new two-story house, or second-story
addition to an existing house, shall be generally consistent
with the adopted single-family residential guidelines. The
Director of Community Development shall review the
project and shall determine that the following items are met
prior to design approval:
a. The mass and bulk of the design shall be
reasonably compatible with the predominant neighborhood
pattern. New construction shall not be disproportionately
larger than, or out of scale with, the neighborhood pattern
in terms of building forms, roof pitches, eave heights, ridge
heights, and entry feature heights;
b. The design shall use vaulted ceilings rather than
high exterior walls to achieve higher volume interior spaces;
c. There shall not be a three-car wide driveway curb
cut.
d. No more than fifty percent of the front elevation
of a house should consist of garage area.
e. Long, unarticulated, exposed second story walls
should be avoided since it can increase the apparent mass of
the second story .
f. The current pattern of side setback and garage
orientation in the neighborhood should be maintained.
g. When possible, doors, windows and architectural
elements should be aligned with one another vertically and
horizontally and symmetrical in number, size and
placement.
h. Porches are encouraged.
i. Living area should be closer to the street, while
garages should be set back more.
j. All second story roofs should have at least a one-
o foot overhang.
D. Setback-First Story.
1. Front Yard. The minimum front yard setback is
twenty feet; provided, that for a curved driveway the
setback shall be a minimum of fifteen feet as long as there
are no more than two such fifteen-foot setbacks occurring
side by side.
2. Side Yard. The combination of the two side yard
setbacks shall be fifteen feet, except that no side yard
setback may be less than five feet.
2005 S-4
a. For a corner lot, the minimum side-yard setback
on the street side of the lot is twelve feet. The other side
yard setback shall be no less than five feet.
b. For interior lots in the RI-5 district, the side yard
setbacks are five feet on both sides.
c. For lots that have more than two side yards, the
setback shall be consistent for all side yards between the
front property line and the rear property line.
3. Rear Yard. The minimum rear yard setback is
twenty feet.
a. With a Minor Residential Permit, subject to
Section 19.28.090, the rear setback may be reduced to ten
feet if, after the reduction, the usable rear yard is not less
than twenty times the lot width as measured from the front
setback line.
4. Garage. The front face of a garage in an Rl
district shall be set back a minimum of twenty feet from a
street property line.
a. For projects with three-car garages oriented to the
public right-of-way, the wall plane of the third space shall
be set back a minimum of two feet from the wall plane of
the other two spaces.
E. Setback-Second Story.
1. Front and Rear Yards. The minimum front and
rear setbacks are twenty-five feet.
2. Side Yard. The combination of the side setbacks
shall be twenty five feet, except that no second-story side
setback may be less than ten feet.
a. In the case of a flag lot, the minimum setback is
twenty feet from any property line.
b. In the case of a corner lot, a minimum of twelve
feet from a street 0 side property line and twenty feet from
any rear property line of a single-family dwelling.
3. Surcharge. A setback distance equal to ten feet
shall be added in whole or in any combination to the front
and side-yard setback requirements specified in this section.
F. Basements.
1. The number, size and volume of lightwells and
basement windows and doors shall be, the minimum required
by the Uniform Building Code for egress, light and
ventilation, except that in the case of a single-story house
with a basement, one lightwell may be up to ten feet wide
and up to ten feet long.
2. No part of a lightwell retaining wall may be
located within a required setback area, except as follows:
a. The minimum side setback for a lightwell
retaining wall shall be five feet;
b. The minimum rear setback for a lightwell
retaining wall shall be ten feet.
3. Lightwells that are visible from a public street
shall be screened by landscaping.
4. Railings for lightwells shall be no higher than
three feet in height and shall be located immediately adjacent
to the lightwell.
1-f 'JJf
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Single-Family Residential (Rl) Zones
19.28.070
b. Affected property owner(s) may choose to allow
privacy planting on their own property. In such cases, the
applicant must plant the privacy screening prior to issuance
of a building permit.
2. Waiver. These privacy mitigation measures may
be modified in any way with a signed waiver statement from
the affected property owner. Modifications can include
changes to the number of shrubs or trees, their species or
location.
C. Front- Yard Tree Planting. Applicants for new
two-story homes andtwo~story additions must plant a tree in
front of new second stories in the front yard setback area.
The tree shall be 24 inch-box or larger, with a minimum
height of six feet. The Director of Community Development
can waiver this front-yard tree if there is a conflict with
existing mature tree canopies on-site or in the public right-
of-way.
D. Species List. The Planning Division shall
maintain a list of allowed privacy planting trees and shrubs.
The list shall include allowed plant species, minimum size
of trees and shrubs, expected canopy or spread size, and
planting distance between trees.
E. Covenant. The property owner shall record a
covenant with the Santa Clara County Recorders Office that
requires the retention of all privacy planting, or use of
existing vegetation as privacy planting, prio~ to receiving a
final building inspection from the Building Division. This
regulation does not apply to situations described in
subsection B(1)(b) of this section.
F. Maintenance. The required plants shall be
maintained. Landscape planting maintenance includes
irrigation, fertilization and pruning as necessary to yield a
growth rate expected for a particular species.
G. Replacement. Where required planting is removed
or dies it must be replaced within thirty days with privacy
tree(s) of similar size as the tree(s) being replaced, unless it
is determined to be infeasible by the Director of Community
Development. (Ord. 1954, (part), 2005)
19.28.080 Permitted Yard Encroachments.
A. 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
extended along its existing building lines if the addition
receives a Minor Residential Permit and conforms to the
following:
1. The extension or addition may not further
encroach into any required setback and the height of the
existing non-conforming wall and the extended wall may not
be increased.
2. The maximum length of the extension is fifteen
feet.
2005 S-4
3. The extension of any wall plane of a first-story
addition is not permitted to be within three feet of any
property line.
4. Only one such extension shall be permitted for the
life of such building.
5. This section applies to the first story only and
shall not be construed to allow the further extension of an
encroachment by any building, which is the result of the
granting of a variance or exception, either before or after
such property become part of the City.
B. Architectural features (not including patio covers)
may extend. into a required yard a distance not exceeding
three feet, provided that no architectural feature or
combination thereof, whether a portion of a principal or
auxiliary structure, may extend closer than three feet to any
property line. (Ord. 1954, (part), 2005; Ord. 1886, (part),
2001; Ord. 1868, (part), 2001; Ord. 1860, ~ 1 (part), 2000;
Ord. 1834, (part), 1999; Ord. 1808, (part), 1999; Ord.
1618, (part), 1993; Ord. 1601, Exh. A (part), 1992)
19.28.090 Minor Residential Permits.
Projects that require a Minor Residential Permit shall
be reviewed in accordance with this section. The purpose of
this process is to provide affected neighbors with an
opportunity to comment on new development that could have
significant impacts on their property or the neighborhood as
a whole.
A. Notice of Application. Upon receipt of a complete
application, a notice shall be sent by first class mail to all
owners of record of real property (as shown in the last tax
assessment toll) that are adjacent to the subject property,
including properties across a public or private street. The
notice shall invite public comment by a determined action
date and shall include a: copy of the development plans,
eleven inches by seventeen inches in size.
B. Decision. After the advertised deadline for public
comments, the Director of Community Development shall
approve, conditionally approve, or deny the application. The
permit can be approved only upon making all of the
following fmdings:
1. The project is consistent with the Cupertino
General Plan, any applicable specific plans, zoning
ordinances and the purposes of this title.
2. The granting of the permit will not result in a
condition that is detrimental or injurious to property or
improvements in the vicinity, and will not be detrimental to
the public health, safety or welfare.
3. The proposed project is harmonious in scale and
design with the general neighborhood.
4. Adverse visual impacts on adjoining properties
have been reasonably mitigated.
l.-f-15
35
Single-Family Residential (Rl) Zones
19.28.100
public notice, if an application for a Minor Modification to
the Two-Story Pennit is filed before the expiration date and
substantive justification for the extension is provided.
G. Concurrent Applications. At the discretion of the
Director of Community Development, a Two-Story Pennit
can be processed concurrently with other discretionary
applications. (Ord. 1954, (part), 2005)
19.28.110 Exceptions.
Where results inconsistent with the purpose and intent
of this chapter result from the strict application of the
provisions hereof, exceptions to section 19.28.060,
19.28.070 and 19.28.120 may be granted as provided in this
section.
A. Notice of Application. Upon receipt of a complete
application, the 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 of real property (as shown in the last
tax assessment toll) that are within three hundred feet of the
subject property. Properties that are adjacent to the subject
site, including those across a public or private street,' shall
receive a reduced scale copy of the plan set with the public
notice.
B. Decision. After closing the public hearing, the
decision-maker shall approve, conditionally approve, or
deny the application based on the findings in this section.
Any interested party can appeal the decision pursuant to
Chapter 19.136.
C. Expiration of an Exception. Unless a building
permit is filed and accepted by the City (fees paid and
control number issued) within one year of the Exception
approval, said approval shall become null and void unless a
longer time period was specifically prescribed by the
conditions of approval. In the event that the building permit
expires for any reason, the Exception shall become null and
void. The Director of Community Development may grant
a one-year extension, without a public notice, if an
application for a Minor Modification to the Exception is
filed before the expiration date and substantive justification
for the extension is provided.
D. Findings for Approval.
1. Issued by the Director of Community
Development. The Director of Community Development
may grant exceptions from the prescriptive design regulation
described in Section 19.28.060 G( 4) upon making all of the
following fmdings:
a. The project fulfills the intent of the visible
second-story wall height regulation in that the number of
two-story wall planes and the amount of visible second story
wall area is reduced to the maximum extent possible.
b. The except 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.
2005 S-4
c. The proposed exception will not result in
significant visual impact as viewed from abutting properties.
2. Issued by the Design Review Committee. The
Design Review Committee may grant exceptions from the
prescriptive design regulations described in Section
19.28.060, except 19.28.060 G(4) and Section 19.28.130
upon making all of the following fmdings:
a. The literal enforcement of this chapter will result
in restrictions inconsistent with the spirit and intent of this
chapter.
b. The proposed development will not be injurious
to property or improvements in the area, nor be detrimental
to the public safety, health and welfare.
c. 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.
d. The proposed exception will not result in
significant visual impact as viewed from abutting properties.
(Ord. 1954, (part), 2005)
19.28.120 Development Regulations-Eichler
(Rl-e).
R l-e single-family residence" Eichler districts" protect
a consistent architectural fonn through the establishment of
district site development regulations. Regulations found in
the other sections of this chapter shall apply to properties
zoned Rl-e. In the event of a conflict between other
regulations in this chapter and this section, this section shall
prevail. Nothing in these regulations is intended to preclude
a hannonious two-story home or second story addition.
A. Setback-First Story.
1. The minimum front yard setback is twenty feet.
B. Building Design Requirements.
1. Entry features facing the street shall be integrated
with the roof line of the house.
2. The maximum roof slope shall be three-to-twelve
(rise over run).
3. Wood or other siding material located on walls
facing a public street (not including the garage door) shall
incorporate vertical grooves, up to six inches apart.
4. The building design shall incorporate straight
architectural lines, rather than curved lines.
5. Section 19.20.060 G(4) shall be considered a
guideline in the R l-e district.
6. The first floor shall be no more than twelve
inches above the existing grade.
7. Exterior walls located adjacent to side yards shall
not exceed nine feet in height measured from the top of the
floor to the top of the wall plate.
C. Privacy Protection Requirements.
1. Side and Rear Yard Facing Second Floor
Windows. In addition to other privacy protection
requirements in Section 19.28.070, the following is required
for all second story windows:
y --t {p
37
Single-Family Residential (Rl) Zones
19.28.130
b. In no case shall any wall plane of a first-story
addition be placed closer than three feet to any property line.
c. This section does not apply to attached accessory
structures such as attached carports.
d. This section applies to the first story only and
shall not be construed to allow the further extension of an
encroachment by any building, which is the result of the
granting of a variance or exception, either before or after
such property become part of the City.
2. Architectural features (not including patio covers)
may extend into a required yard a distance not exceeding
three feet, provided that no architectural feature or
combination thereof, whether a portion of a principal or
auxiliary structure, may extend closer than three feet to any
property line.
3. Front Porch. Traditional, open porches are
encouraged in this zone. When viewed from the street, a
porch should appear proportionately greater in width than in
height. A porch differs from an entry element, which has a
proportionately greater height than its width. Use of this
yard encroachment provision shall require the approval of
the Director of Community Development.
a. Posts. Vertical structural supports, such as posts,
for porches are allowed to encroach two feet into the
required front setback. Structural supports must be designed
such that the appearance is not obtrusive or massive.
b. Columns. The use of large columns or pillars is
discouraged.
c. Fencing. Low, open fencing for porches are
allowed to encroach two feet into the required front setback
area.
d. Eave Height. The eave height for a front porch
should not be significantly taller than the eave height of
typical single-story elements in the neighborhood.
e. Detailing. Porch elements should have detailing
that emphasizes the base and caps for posts and fence
elements.
f. The porch platform and roof overhang may
encroach five feet into the required front setback.
M. Landscaping.
1. Landscaping plans shall be required for all
additions or new homes. The purpose of the landscaping is
to beautify the property and to achieve partial screening of
building forms from the street and adjacent properties.
Specific measures are not prescribed. Generally, the
landscaping may include shrubbery, hedges, trees, or lattice
with vines on fences.
2005 S-4
2. Landscaping plans for two-story development
shall include specific mitigations for impacts from mass,
bulk and privacy intrusion as required in Section 19.28.070
of the Cupertino Municipal Code, except that:
a. Privacy planting shall have a minimum setback
from the property line equivalent to one-quarter of the
spread noted on the City list.
b. Privacy trees shall have a minimum height of
twelve feet at the time of planting.
c. Front yard tree planting shall be placed such that
views from second-story windows across the street to
neighboring homes are partially mitigated.
d. The Director may waive the front yard tree based
on a report from an internationally certified arborist citing
conflict with existing mature trees.
N. Design Review Findings.
1. Findings. The Design Review Committee may
approve a design review application for two-story
development only upon making all of the fmdings below:
a. The project is consistent with the Cupertino
General Plan and Title 19 of the Cupertino Municipal Code.
b. The granting of this permit will not result in
detrimental or injurious conditions to property or
improvements in the vicinity, or to the public health, safety
or welfare.
c. The project is generally compatible with the
established pattern of building forms, building materials and
designs of homes in the neighborhood.
d. The project is consistent with the City's single-
family residential design guidelines and the guidelines in this
chapter and any inconsistencies have been found to not result
in impacts on neighbors.
e. Significant adverse visual and privacy impacts as
viewed from adjoining properties have been mitigated to the
maximum extent possible.
(Ord. 1954, (part), 2005)
19.28.140' Interpretation by the Planning
Director.
In Rl zones, the Director of Community Development
shall be empowered to make reasonable interpretations of
the regulations and provisions of thischapter consistent with
the legislative intent thereof. Persons aggrieved by an
interpretation of the chapter by the Director of Community
Development may petition the Planning Commission in
writing forreview of the interpretation. (Ord. 1954, (part),
2005; Ord. 1860, ~ 1 (part), 2000; Ord. 1834, (part), 1999;
Ord. 1808, (part), 1999; Ord. 1601, Exh. A (part), 1992)
J-i--11
CITY STREET TREE
SPREAD
PLANTING DIST ANCE-
MINIMUM
A. St. Mary Magnolia*
B. Crape Myrtle
C. Privot
D. California Buckeye
E. Birch
F. Holly Oak
G. Aristocrat Flowering Pear*
H. Flowering Plum*
1. May ten
J. Melaleuca
K. Eastern Redbud*
L. Brisbane Box*
. M. Liquid Amber
N. Carob
o. Geigera
P. Rhus Lancia
Q. Lirodendron
R. Chinese Pistacio*
S. Ginko*
T. Chinese Hackberry*
V.Elm
v. Sycamore
w. Mulberry
X. Silk Tree
Y. Raywood Ash
Z. Medesto Ash
AA. Shammel Ash
BB. Camphor
Cc. Zelkova
20'
20'
20'
20'
20'
20'
30'
30'
30'
30'
30'
40'
40'
40'
40'
40'
40'
50'
50'
50'
50'
50'
50'
50'
50'
50'
50'
60'
60'
10'
10'
10'
10'
10'
10'
15'
15'
15'
15'
15'
20'
20'
20'
20'
20'
20'
25'
25'
25'
25'
25'
25'
25'
25'
25'
25'
30'
30'
*Denotes tree currently on street tree list. Other trees previously on list and may currently exist as a street
tree. (Ord. 1860, S 1 (part), 2000; Ord. 1834, (part), 1999)
4---/0
Privacy Protection Planting Mfidavit
Purpose: To assure the decision-makers and neighbors that the privacy protection planting has been
installed according to the planting plan.
Validation: An Internationally Certified Arborist or Licensed Landscape Architect shall certify the design
and accuracy of the privacy protection planting. A reduced eleven by seventeen copy of the approved
planting plan shall be attached. Submittal of this form shall be required prior to final inspection of the
residence.
Planting Certification:
I certify that the privacy protection planting and irrigation is installed at:
address
and it is consistent in design, height and location with the landscape planting and irrigation plans drawn
by:
dated (attached).
Name
Title
Professional License #
Date
(Ord. 1868, (part), 2001; Ord. 1860, S 1 (part), 2000; Ord. 1834, (part), 1999)
4"/0,
Section
19.40.010
19.40.020
19.40.030
19.40.040
19.40.050
19.40.060
19.40.070
19.40.080
19.40.090
19.40.100
19.40.110
19.40.120
19.40.130
19.40.140
19.40.145
19.40.010
CHAPI'ER 19.40: RESIDENTIAL HILLSIDE (RHS) ZONES'"
Purpose.
Applicability of regulations.
Permitted uses.
Conditional uses.
Site development regulations.
Building coverage, setbacks and
height restrictions.
Design standards.
Fencing.
Permitted yard encroachment.
Geologic and soils report
procedures.
Private roads and driveways.
Solar design.
Interpretation of planning director.
Exceptions for development of
certain individual hillside lots.
Applicability .
'" Prior history: Ord. 1601.
19.40.010 Purpose.
The purpose of the RHS zoning district is to regulate
development commensurate with community goals, as
described in the General Plan, to preserve the natural setting
in the hillsides. This chapter utilizes performance standards
and specific regulations to ensure that the utilization of land
for residential uses is balanced with the need to conserve
natural resources and protect life and property from natural
hazards. Specifically, this chapter is intended to accomplish
the following objectives:
A. Enhance the identity of residential neighborhoods;
B. Ensure the provisionoflight and air to individual
residential parcels;
C. Ensure a reasonable level of compatibility in
scale of structures within residential neighborhoods;
D. Maintain spatial relationship between structures
and within neighborhoods;
E. Reinforce the predominantly low-intensity setting
of the community;
F. Maintain a balance between residential
development and preservation of the natural hillside setting;
G. Promote compatibility of colors and materials of
structures and the surrounding natural setting. (Ord. 1634,
(part), 1993)
19.40.020 Applicability of Regulations.
No building or structure or land shall be used, and no
building or structure shall be hereafter erected, structurally
altered. or enlarged in a residential hillside (RHS) zone,
otherwise than in conformance with the provisions of this
chapter and other applicable provisions of this title.
Notwithstanding any other provision of this chapter to
the contrary, structures which were legally constructed prior
to the effective date of the ordinance codified in this section
shall be deemed legally conformiilg; provided, however,
that any structural alteration, enlargement or remodeling of
such existing structure shall either comply with the site
development regulations (building coverage, setbacks,
height restrictions and design standards) of this chapter or
shall obtain an exception as provided in Section 19.40.140.
(Ord. 1725, (part), 1996; Ord. 1634, (part), 1993)
19.40.030 Permitted Uses.
The following uses shall be permitted in an RHS
zoning district:
A. Single-family dwelling units with not more than
one dwelling unit per lot;
B. A second dwelling unit which conforms to the
procedure, standards and requirements of Chapter 19.84 of
this code;
C. Home occupations which conform to the
procedure, standards and requirements of Chapter 19.92 of
this code;
D. Accessory buildings which conform to the
procedures, standards and requirements of Chapter 19.80 of
this code;
E. Small-family day care home;
F. Residential care facility with six or less residents
not including the provider, provider family or staff, that has
a license from the appropriate State, County agency or.
department;
G. The keeping of animals as follows:
1. Household pets limited to one animal per three
thousand square feet of lot area except:
51
J-f'" ~O
53
lRe$identm Hillside (RBS) Zon~
19.4lO.050
RHS zoning district shall be determined by the General
Plan, based upon slope density standards described therein.
2. Upon recordation of a subdivision map or parcel
map in an RHS zoning district, density credits derived from
application of a slope density formula to a lot or group of
lots may not be transferred to property outside the
subdivision or parcel map boundary.
B. Lot Area.
1. The minimum lot area fOll a specific property
shall correspond to the number following the RHS zoning
symbol (multiplied by one thousand square feet). Examples
are as follows:
Zoning Symbol Number
Minimum. Lot Area
In Square Feet
RHS 20
RHS 40
RHS 80
RHS 120
RiIS 180
RHS 200
RHS 400
20,000
40,000
80,000
120,000
180,000
200,000
400,000
2. For purposes of subdivision, the minimum lot
area. shall be the average lot area computation for a zero
percent slope gradient as contained in Appendix E of the
General Plan, unless clustered in accordance with Section
18.52.030 (Hillside Subdivisions). These lot sizes are
approximately twelve thousand square feet for the Foothill
Modified, twenty-one thousand square feet for the Foothill
1/2 acre modified and two hundred eighteen thousand square
feet for the 5-20. The minimum lot size in a clustered
subdivision is ten thousand square feet. Lots which
potentially are subdividable will be assigned a lot size
number at the time of subdivision.
3. The minimum lot area for legally-created;
developed lots, which are not subdividable, shall reflect the
existing" lot size.
C. Lot Width Minimum. The minimum lot width in
an RHS zoning district is seventy feet, measured at the front"
setback line; provided, however, that there is no minimum
lot width for lots served by a private driveway and which do
not adjoin a public street.
D. Developmenton Substandard Lots. No strUCtures
or improvements proposed on existing, vacant legal lots in
the Foothill Modified and Foothill Modified Half Acre slope
density designations of the General Plan which are
substandard in size, shall occur unless an exception b
granted.
E. Lots Adjoining Public Open Spaces. For lots
adjacent to public open space preserves or parks, the
driveway and building shall be located in a manner to be set
as far as feasible from the preserve or park and designed in
a manner to minimi7.e impacts on the preserve or park.
F. Site Grading.
1. All site grading shall be limited to a cumUlative
total of two thousand five hundred cubic yards, cut plus fill.
The two thousand five hundred cubic yards includes grading
for building pad, yard areas, driveway and all other areas
requiring grading, but does not include basements. The
graded area shall be limited to the building pad area to the
greatest extent possible. Grading quantities for multiple
driveways shall be divided equally among the participating
lots, e.g., two lots sharing a driveway will divide the
driveway grading quantity in half. The divided share will
be charged against the grading quantity allowed for that lot
development. A maximum of two thousand square feet of
flat yard area, excluding driveways, may be graded. All cut
and fill areas shall be rounded to follow the natural contours
and planted with landscaping which meets the requirements
in Section 19.40.0500.
2. A licensed landscape architect shall review
grading plans and, in consultation with the applicant and the
City Engineer, shall submit a plan to prevent soU erosion
and to screen out and fill slopes.
G. Landscaping.
1. A licensed landscape architect shall prepare a tree
planting plan for the site which will screen grading areas,
and residential structures, to the greatest possible extent, as
well as to reintroduce trees on barren slopes which were
denuded by prior agricultural activities.
2. Landscape improvement shall meet the
requirements as established in the Xeriscape Landscaping
Ordinance, Chapter 14.15 of this code.
3. Landscape improvements shall be installed prior
to occupancy unless such installation is impracticable, in
which case, the applicant shall post a bond, cash or other
security to insure installation within an eighteen-month
period from occupancy. All such landscape areas shall be
"properly maintained.
4. No specimen sized trees may be removed without
a permit as provided for in the Heritage and Specimen Tree
Ordinance, Chapter 14.18 of this code. Native trees should
be integrated into the site design to the greatest extent
possible.
H. Watercourse Protection.
1. Any watercourse identified in Figure 6-J of the
Cupertino General Plan and its existing riparian vegetation
must be shown on all development plans. .
2. All new development, including structures,
grading and clearing, must be set back at least fifty feet on
lots which are less than one acre in size and one hundred
tf'21
5S
lResidelll'ltW EIill5ide (RHS) Zones
19.40.060
Ave. slope
Reduction
10% or less
11%
12%
13%
14%
15%
16%
17%
18%
19%
20%
21%
22%
23%
24%
25%
26%
27%
28%
29%
30% or greater
0%
1.5%
3%
4.5%
6%
7.5%
9%
10.5%
12%
13.5%
15%
16.5%
18%
19.5%
21%
22.5%
24%
25.5%
27%
28.5%
30%
B. Setbacks-First Floor.
1. Front Yard. The minimum front yard setback is
twenty feet. except that if the grade exceeds twenty percent
within the first twenty feet from the street elevation. the
minimum front yard setback may be ten feet. The driveway
and garage must be designed to enable vehicles to park off-
street.
2. Side Yard. The minimum side yard setback is
ten feet, provided that a minimum of fifteen feet shall be
provided on the street side of a comer lot.
3. Rear Yard. The minimum rear yard setback shall
be twenty feet.
C. Setbacks-Second Floor.
1. Front Yard. The minimum front yard setback
shall be twenty-five feet.
2. Side Yard. The minimum side yard setback shall
be fifteen feet.
3. Rear Yard. The minimum rear yard setback shall
be twenty-five feet.
4. Downhill Elevation. The downhill elevation shall
be offset in the following manner: at least seventy-five
percent of the second story downhill facing wall plane shall
be set back an average of seven and one-half feet and in no
case less than five feet from the first story downhill wall
plane. The remaining twenty-five percent may not extend
past the first story wall plane.
5. Should the downhill contours not be confined to
one elevation. then the downhill offset shall be applicable to
the primary setback affected.
6. A second story offset may be measured from the
outside perimeter of the first-story roofed porches. The
roof of the porch must match. in pitch and style. the roof of
the main structure. The porch must also be at least five feet
in width and extend the length of the wall on which it is
located.
D. Setback-Habitable Third Floor. The minimum
setbacks for a habitable third floor shall be the same as
those for a second floor. except that the minimum side yard
setback shall be twenty feet.
E. Height of Principal Buildings and Structures.
1. The maximum height of a principal building in an
RHS zone shall be thirty feet (excluding chimneys.
antennae. or other appurtenances).
2. Heights exceeding twenty feet shall be subject to
the setback regulations prescribed in Section 19.40.0600
andE.
3. The maximum wall height on the downhill
elevation shall be fifteen feet. (Ord. 1725. (part), 1996;
Ord. 1658. (part), 1995; Ord. 1634, (part), 1993)
19.40.070 Design Standards.
All provisionS of this section may be deviated from
upon an exception granted by the Planning Commission in
accordance with Section 19.40.140.
A. Building and Roof Forms.
1. The. building shall follow as closely as possible
the primary natural contour of the lot. The main building
mass shall be on the upslope side of the building and the
roof pitches shall trend downslope.
2. Second story dormers are permitted within the
second story setbacks as long as they are minor in shape and
size.
3. The downhill elevation of the main structure shall
have a minimum of four offset building and roof elements.
These requirements are intended to provide varied building
forms to produce shadow patterns which reduce the impact
of visual mass.
4. Wall planes exceeding one story or twenty feet in
height. whichever is more restrictive, must contain
architectural elements which provide relief and break up
expansive wall planes.
B. Colors. Exterior colors of all structures on the
lot shall use natural earth tone andlor vegetation colors
which complement the natural surroundings and shall not
exceed a reflectivity value of sixty on a flat surface.
Natural earth-tone and vegetation colors include natural hues
of brown. green and shades of gray. .
C. Outdoor Lighting. All outdoor lighting shall be
identified on the site development plan. No high-intensity
lights are permitted for tennis courts or other recreational
H-J~
57
Residential Hillside (RBS) Zones
19.40.11@
19.40.119 Private Roads and Driveways.
All provisions of this section may be deviated from
upon an exception granted by the Planning Commission in
accordance with Section 19.40.140.
A. Pavement Width and Design. The pavement
width and design for a private road or common driveway
serving two to five lots and a single-lot driveway shall
comply with development standards contained in the Hillside
Subdivision Ordinance. Chapter 18.52 of this code.
B. Reciprocal IngresslEgress. An applicant for a
building permit for a lot served by a private road or
common driveway shall record an appropriate deed
restriction guaranteeing reciprocal ingress/egress easement
to adjoining property owners who utilize the private road or
common driveway for the primary access to their lot(s).
C. Reciprocal Maintenance Agreement. The
applicant for a building permit for a lot served by a private
road or common driveway shall record an appropriate deed
restriction guaranteeing participation in a reciprocal
maintenance agreement with other lot owners utilizing the
private road or common driveway for primary access.
D. Gates. Gates may be used to control access to
private roads and driveways provided that the design of the
gate, including location, dimension and the locking devices,
are approved by the Directof of Community Development
after consultation with the Central Fire District. (Ord.
1784, (part), 1998; Old. 1634, (part), 1993)
19.40.120 Solar Design.
The setback and height restrictions provided in this
chapter may be varied fOf a structure utilized for passive or
active solar purposes; provided, that no such strUCture shall
infringe upon solar access or property rights of adjoining
property owners. Any solar structure which requires
variation from the setback or height restrictions of this
chapter may be permitted upon issuance of an exception by
the Planning Commission. (Ord. 1634, (part), 1993)
19.40.130 Interpretation of plAnning Director.
The Director of Community Development shall be
empowered to make reasonable interpretations of the
regulations and provisions of this chapter, consistent with
the legislative intent thereof. Persons aggrieved by an
interpretation of this chapter by the Director of Community
Development may petition the Planning Commission in
writing for review of the interpretation. (Ord. 1634, (part),
1993)
19.40.140 Exception for Development of Certain
Individual Hillside Lots.
A. With respect to a request for development of a
legally created individual hillside lot which does not meet
the development requirements contained in Sections
19.40.0500 through M and 19.40.060 through 19.40.090
and 19.40.110 through 19.42.120 of this chapter, the
Planning Commission shall grant an exception to allow
development if the subject property cannot be merged with
adjacent property pursuant to Government Code Sections
66451.10 - 66451.21 and if the commission, based upon
substantial evidence, makes all of the following findings:
1. The proposed development will not be injurious
to property or improvements in the area nor be detrimental
to the public health and safety.
2. The proposed development will not create at
hazardous condition for pedestrian or vehicular traffic.
3. The proposed development has legal access to
public streets and public services are available to serve the
development.
4. The proposed development requires an exception
which involves the least modification of, or deviation from,
the development regulations prescribed in this chapter
necessary to accomplish a reasonable use of the parcel.
5. All alternative locations for development on the
parcel have been considered and have been found to create
greatef environmental impacts than the location of the
proposed development.
6. The proposed development does not consist of
structures on or near known geological or environmental
hazards which have been determined by expert testimony to
be unsafe or hazardous to structures or persons residing
therein. (See General Plan Policies 2-49.)
7. The proposed development includes grading and
drainage plans which will ensure that erosion and scarring
of the hillsides caused by necessary construction of roads,
housing sites, and improvements will be minimized. (See
General Plan Policies 2-53, 2-54 and 2-57.)
8. The proposed development does not consist of
structures which would disrupt the natural silhouette of
ridgelines as viewed from established vantage points on the
valley floor unless either:
a. The location of a structure on a ridgeline is
necessary to avoid greater negative environmental impacts;
or
b. The structure could not otherwise be physically
located on the parcel and the size of the structure is the
minimum which is necessary to allow for a reasonable use
of the parcel. (See General Plan Policies 2-46, 2-47 and
2-48.)
9. The proposed development consists of structures
incorporating designs, colors, materials, and outdoor
lighting which blend with the natural hillside environment
and which are designed in such a manner as to reduce the
effective visible mass, including building height, as much as
possible without creating other negative environmental
impacts. (See General Plan Policies 2-46, 2-50, 2-51 and
2-52.)
10. The proposed development is located on the
parcel as far as possible from public open space preserves
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