16. Ordinance No. 07-2000 R1 zoning
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
Fax: (408) 777-3333
CU PEItTINO
Community Development
Department
Summary
Agenda Item N o.l1P
Agenda Date: Apri117, 2007
SUBJECT
Conduct the second reading of Ordinance No. 07-2000: "An Ordinance of the Cupertino
City Council Amending Chapter 19.28.050 of the Municipal Code, Single Family
Residential Zones (R1) Regarding Buildings Proposed on Properties with an average
slope equal to or greater than fifteen percent, Application Nos. MCA-2006-01"
RECOMMENDATION
Staff recommends that the City Council conduct the second reading and amend Chapter
19.28.050 of the Ordinance to add the language shown in blue:
C. Development on Properties with Hillside Characteristics.
1. Buildings proposed on properties located west of the 10% hillside slope
line as defined in the Cupertino General Plan that have wHfl an average
slope equal to or greater than fifteen percent shall be developed in
accordance with the site development and design standards specified in
Sections 19.40.050 through 19.40.140 of the Residential Hillside ordinance,
Chapter 19.40, or the R1 zoning ordinance, Chapter 19.28, whichever
specific regulation is more restrictive.
Public testimony received at the April 17, 2007 meeting should focus on the second
reading of the R1 Ordinance amendment that encompasses the above language change.
All other comments should be reserved for the future Council meeting when the
R1/RHS Ordinance discussion is considered. That discussion is currently set for
August 21, 2007 meeting.
Environmental Assessment:
Categorically Exempt
BACKGROUND
On April 3, 2007, the City Council took public testimony and considered a Municipal
Code Amendment of Chapter 19.28 Single-Family Residential (R1) Zones regarding
buildings proposed on properties with an average slope equal to or greater than fifteen
percent. The Council conducted a first reading and amended the body of the R1
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MCA-2006-01
EA-2006-01
April 17, 2007
Page 2
Ordinance Chapter 19.28.050(C)(I) to preclude all Rl properties east of the General Plan
10% hillside line (including the Stevens Creek watercourse and floodplain area) from
the residential hillside ordinance standards. In addition, the Council remanded the
hillside zoning issue back to the Planning Commission to consider specific development
guidelines to the areas west of the 10% slope line (including properties zoned A-I) with
input from the neighbors. The Council directed the neighbors residing on the north and
south side of Lindy Lane to meet and help define a set of shared ordinance objectives
for properties located in the Lindy Lane neighborhood area. The Council directed that
this issue be brought back to the Council on August 21, 2007 with Planning Commission
recommendations.
A courtesy notice will be mailed to the neighbors shortly outlining the Council's
directions and the upcoming Planning Commission schedule. A more defined schedule
will be presented to the Council at the April 17, 2007 meeting.
ENCLOSURES
Exhibit A: Revised Model Ordinance
Prepared by: Gary Chao, Associate Planner
Approved by:
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Steve Piasecki
Director, Community Development
David W. Knapp
City Manager
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DRAFT
Proposed text is underlined. Deleted text is struck through.
ORDINANCE NO. 07-2000
AN ORDINANCE OF THE CUPERTINO CITY COUNCIL AMENDING
CHAPTER 19.28.050 OF THE MUNICIPAL CODE, SINGLE FAMILY
RESIDENTIAL ZONES (R-l), REGARDING BUILDINGS PROPOSED ON
PROPERTIES WITH AN AVERAGE SLOPE EQUAL TO OR GREATER THAN
FIFTEEN PERCENT, APPLICATION NOS. MCA-2006-01
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS
FOLLOWS:
Chapter 19.28 of the Municipal Code of Cupertino is hereby amended to read as follows:
19.28.050 Development Regulations (Site).
A. Lot Area Zoning Designations.
1. Lot area shall correspond to the number (multiplied by one thousand square
feet) following the Rl zoning symbol. Examples are as follows:
Minimum
Lot Area
Zoning in Square
Symbol Number Feet
R1 5 5,000
Rl 6 6,000
R1 7.5 7,500
R1 10 10,000
Rl 20 20,000
2. Lots, which contain less area than required by subsection A(1) of this
section, but not less than five thousand square feet, may nevertheless be
used as building sites, provided that all other applicable requirements of this
title are fulfilled.
B. Lot Width. The minimum lot width shall be sixty feet measured at the front-yard
setback line, except in the RI-5 district where the minimum lot width is fifty feet.
C. Development on Properties with Hillside Characteristics.
1. Buildings proposed on properties located west of the 10% hillside slope line
as defined in the Cupertino General Plan, that have with an average slope
equal to or greater than fifteen percent. shall be developed in accordance
!w -]
Ordinance No. 07-2000
with the site development and design standards specified in Sections
19.40.050 through 19.40.140 of the Residential Hillside ordiIlance, Chapter
19.40, or the R1 zoning ordinance, Chapter 19.28, whichever specific
regulation is more restrictive.
Buildings proposed on a portion of a lot with slopes of thirty percent or
greater shall be developed in accordance with the site development and
design standards specified in Sections 19.40.050 through 19.40.140 of the
Residential Hillside ordinance, Chapter 19.40, or the R-l zoning ordinance,
Chapter 19.28, whichever specific regulation is more restrictive.
2. No structure or improvements shall occur on slopes of thirty percent or
greater unless an exception is granted in accordance with Section
19.40.140, unless no more than five hundred square feet of development,
including grading and structures, occurs on an area with a slope of thirty
percent or greater. (Ord. 1886, (part), 2001; Ord. 1868, (part), 2001; Ord.
1860, ~ 1 (part), 2000; Ord. 1834, (part), 1999;Ord. 1635, ~ 1 (part), 1993;
Ord. 1601, Exh. A (part), 192)
D. An application for building permits filed and accepted by the Community
Development Department (fees paid and permit number issued) on or before
March 1, 2005 may proceed with application processing under the ordinances in
effect at that time.
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PUBLICATION CLAUSE:
The City Clerk shall cause this ordinance to be published at least once in a newspaper
of general circulation published and circulated in the City within 15 days after its adoption, in
accordance with Government code ~ 36933, shall certify to the adoption of this ordinance and
shall cause this ordinance and her certification, together with proof of publication, to be
entered in the Book of Ordinances of the Council of this City.
This ordinance shall take effect and be in force thirty (30) days after its passage.
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Ordinance No. 07-2000
INTRODUCED at a regular meeting of the City Council of the City of Cupertino
the 3rd day of April 2007 and ENACTED at a regular meeting of the City Council of the
City of Cupertino the 17th day of April 2007, by the following vote:
Vote:
Members of the City Council
Ayes:
Noes:
Absent:
Abstain:
ATTEST:
APPROVED:
City Clerk
Mayor
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