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Ordinance 1240 R1-ORDINANCE ORDINANCE NO. 1240 ' AN ORDINANCE OF THE CITY OF CUPERTINO REPEALING CERTAIN ORDINANCES OUTLINED IN SECTION 2 AND ESTABLISHING AN ORDINANCE RESULATING RESIDENTIAL SINGLE-FAMILY (R1) ZONES THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES .ORDAIN AS FOLLOWS: S~~j I Q~(_ 1 ~_Q~1~NDM~NT SgEtioD__1_1<: Drdinance 220 of the City of Cupertino, California, is hereby amended by adding this Ordinance No. 1240. SECTION_~~R~P~A~~NG_~C~AUS~ SgStior~_~_~,: pll ordinances heretofore enacted in conflict with this Ordinance No. 1240 are hereby repealed to the extent that they vary from the provisions of this Ordinance. SECT~QN_3~~_ PURPOSE Section ~_1: The purpose of this Ordinance is to establish a zone permitting single-family residential uses and establish the regulations pertaining thereto. These regulations are intended to guide future single-family residential development and ensure a healthy, functional environment for future residents within proposed developments and between adjoining parcels. SECTION 4t APP~IC@TION Serjtion_4_l: 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 single-family (R-1) zone, otherwise than in conformance with the following provisions: -1- a. Uses, buildings and structures lawfully in existence at the time this Ordinance No. 1237 takes effect may remain as long as no alterations take place, and b. Except on those legal non-conforming structures or parcels of land as permitted by the City's Ordinance regulating non-conforming uses or its successor. Segtign ~=li~AR~m~~_la~y~~): Any animal four (4) months of age or older. Seg~igD 5_~=~Anim~1_l~arggL: Any equine, bovine, sheep, goat or swine or similar domestic or wild animal as determined by the Planning Commission. 3g5~igQ_~_3;_Qrchi~e_Q~uC~l_F~aj:ures: Any part or appurtenance of a building or structure which is not an integral portion of the living area of said building or structure. Examples include: cornices, canopies, eaves, awnings, fireplaces or projecting window elements. Patio covers or any projection of the floor area shall not constitute an architectural projection. Sgg~ion_~ 4__ Bt~}'}~~ng: Any structure of any person or animal. Seg~~gr,~5=5___~gi~,$~ngy Agge~sgCy: Any building or structure serving a use subordinate or incidental to the use of the main building on a lot. Examples: Detached garage, permanent covered playpen, tool shed, decks, greEnhouse, arcade, breezeway, covered walkway or patio cover. Fences, eight (8) fE. or less in height, are not accessory structures. Seg~~gn___~=b=_~_Buil~~ngSs)i_ A~~ached: Buildings which are physically connected by any structural members or wall, excluding decks, patios or fences. Seg~~oD__~s7N___Bui3,d~pg1__Detag~ed: Buildings which are not physically connected by any structural members or walls, excluding decks, patios, or fences. _~_ Seg~~gr~__y5_8;,________Day__C~rr~__Hgmeg~__F~mily: A family home non-institutional in character, which provides day care only, with or without compensation, for not more than six (b> children under sixteen (16) years of age, including the foster family's Fhildren under sixteen (lb) years of age. `3ffifi~~0____~s3:_____~~Y_Sc~rS Hgm~~i__sSHS5~.~1: A fermi l y home non-institutional in character, which provides day care only, with or without compensation, for seven (7) to twalve f12) children inclusive under sixteen (16) years of age, including the children of the foster family under sixteen (16> years of ege. Sgc~i~g0_~,L,~4~_Qr~el~ir~g~,Jp#,~ Pring~g~~: A building space used exclusively for residential occupancy by one family, with facilities for living and the cooking and/err preparation of food. S_e_c_ti_o0__5_li____l~welli~ng_l~0}~~Segond: A dwelling unit which is in addition to the principal or initial dwelling unit located on a single lot or parcel. SeSt~os-__~_~2_____Driv_eway~C~urvg~: A driveway which enters the garage from the side and which contains a functional twenty i20) foot parking area that does not overhang the front property line. ,~ garage ':ono ?ard ~~~~a~~~ 1 ~~~ . ^ props=-: liza curb liss public ~cruc Sgg~~,on_5_1~~:__Family1__S~ngle: One or more persons related to each other by blood, marriage, legal adoption, or foster parenthood, or no more than four t4) unrelated persons, living together as a single housekeeping unit with a single kitchen, together with necessary domestic employees, if any. For purposes of this definition, a single-family may also include any combination of related and unrelated persons, but, in no case, shall the total number of unrelated persons, excluding necessary domestic employees, e;cceed four. -3- • ~egt•},gn_SZ~4:__Garag~: A completely enclosed building or part of a building intended and designed to accommodate motor vehicles. Section__~_~5~___~G~SS1B~~a~gNQgt~v_i~~~: A residential care ~' facility providing continuous care for six (6) or fewer persons on a twenty-four (24) hour basis which requires licensing by a govermental agency. ~3~g~~.gR__~=~¢____H~~g~t_gf_Qyl~~~~Qg: The vertical distance from the average of the highest and the lowest finished grade adjacent to a building, or other structure, to the highest point of said building or structure, exclusive of radio or television aerials. ~. Doildias/SSta Cross S~tiaa ba~~t,.g fit, liaiahed grads , highest l2ashad Ladd swrags lialehed grade ~..~ lovast lisishsd grade r35rs~3.gL~_`3-~Zi.~~~~j')1g1~ Pg~~: Small animals commonly found in single-family residential areas such as dickens, ducks, geese, rabbits, dogs, cats, etc. but excluding animals such as any bovine or equine animal, or any sheep, goat or swine, or any wild.or dangerous animal. ~_ SectiQn_5_18: Nou~eF~g1~_Pe~si_~mall: Small animals in contained habitats generally located in the principal building or accessory buildings of residential lots, such as hamsters, fish, birds, etc. but excluding all animals defined as "household pets". • ~~~~gr~_~_~,Q=__~ggg} ~Qb~~ars~ar~__~g~: Any parcel of land or lot recorded and legally created by the County or City prior to March 17, 1980 (initial adoption date of this Ordinance, as revised) which lot or parcel is of less area than required in the zone; or lots or parcels of record which are reduced to a substandard lot size as a result of a required street dedicetfon unless otherwise provided in the City of Cupertino General Plan. S~g~~gQ_~~0: ~g~~CgrOgr: A lot abutting upon two or more streets at their intersections, or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than one hundred thirty five (135) degrees within the lot lines. ~ , V ...~~ ~ ° lsaa etsaa ~ 131•da~raaa v .. ,,, ~• ~ :=~ proparev Liaa 'a curb lla~ paislSc stria ' 5gg~ign_~ ~1_____~g~__Degth: The lut depth shall be calculated as the average of the side lot lines or in case of more than two side lot lines as the average of several lines running the depth of the lot as determined by the Director of Planning and Development. propar:7 11aa lot 1 a / ',~ lae Depth h lot 1 ~ (s+b+_) :: 3 ~ Loe 2 ~ (e+d)-3 Y C ~ lat 2 L a d v airaras~ of -5- ,~g~,tt oy_Sis?2: __~~o~i,_ Flag: An i uteri or lot with a l of width of less than 40 ft. measured ZO ft. back of the front lot line, on which the buildable area of the lot is located to the rear of a lotts) which abuts the same public street right of way. r! ~ ll.ai ioe 1 r~u~l,i, ~, araa (rent yerd ~. lass eb,m 40 !t. 0 !r. ~~ . ^ proparty t ~ r. Barb 13aa po6lic atrNe 5ggt~,Qn 5i~3__ dot Flag1_Front Sep§gQk Ar~g: That area extending across the full extent of the buildable portion of a flag lot measured from the property line which is parallel to and nearest the street line and at which point the lat width equals a minimum of sixty (60) ft. The Planning Commission shall have the discretion to modify the provisions of this definition when it improves the design relationship of the proposed' building(s) to adjacent buildings or parcels. SeQ~ioy~_~4:__~g~1_~n~eCigr: Any lot other than a corker lot. Serj.~ion_5=~5__ Low Key: The first lot to the rear of a corner lot, the front lot line of which is a continuation of the side line of the corner lot, whether or not separated by an alley. luy lot' 0 a Y m w r s ~_~... ~ public eLraac -b- .~ a~fi~~~.8~1_~:~ldirLQ~~44~.1~h~ The 1 of width i s measured by n 1 i ne corresponding to the length of the lineal, or radial tin the case of a curved front lot line) front setback line. A` er ca ~ ty ~,. °~ "~ ~ frost baildiai aatbaek liaa ' ~r Propart7 Las aa! aaata! SgSt~ign~=5_?7_ Setback Area~Frontj.~/ar~: That area extending across the full extent of a lot, bordered by a public street right of way and a setback line parallel thereto at a distance established by this Ordinance. The Planning Commission shall. hove the discretion to modify the provisions of this definition when it can be found that the proposed modifications will improve the design relationship of the proposed 6uiidings(s) to adjacent buildings or parcels. 'aa: front lard satbaclc ara E.vat b,+++a~.,g aat5ack lea ~~ ~ ~ ~ propar:y lsa -~~ ears liaa pnbL' a arrant -~- Sectior~__5_~9___Se~bagj4_Arra1_Rear__Yar~: That area extending across the full extent of a lot bounded 6y the lot line(s) which is/are opposite (i. e. in a contrary direction) the front yard area, and the rear yard setback line of the main building. rear yard ~"~ sstbank $ss sscback liaa roar yard ~A e -(, 6 d O 7 y r !root lard' ~ ~~~ ~ propar:y Lies enrb Llaa ^ o 9~ Y W Y ~ • • 3 Y Y ~gg~~,or~~__~i?9: _~et~ack Argai~Rgg~~rgd: The open space, unoccupied. and unobstructed from the ground upward, except as otherwise provided in this Ordinance. S~fi~igryy5_30:__Se~bag~C Ar~ai__5~~g__Yar~: That area between the front and rear building setback lines and between the connecting property lines and a parallel line thereto at a distance as prescribed in this Ordinance. aide yard aatbac)t Maas aide yard aar.5aclc rest bv3ldiag, sac~acic l:aa area :runt bvildiag aatbae)c lies ssr~~' aroPezr7 L:as rsb t +,• cnaaacsiag ProPar:y 21aes -8- ~e5~18~_~=~~___~g~§aQ~_Arga1_Usable__Rgar: That area, in square feet, bounded by the rear lot line(s) and th~~ rear building lines extended to the side lot lines. ' tact aaabls a ~~ rait loc lint . saasbaelc area aide ~~ olds loc 11aa line ~saat baildiag liaa r air ~ ~„~ pro4~rt'7 liar enrb t+,,. pablic atraae SeQti~on 5_~Zr_Si•ory: The space between a floor and the ceiling above it, used for residential purposes, garages, or as a working space. The number of stories of a building shall be considered equal to the highest number of stories in any vertical section of the building.. Section 5=~3:_ S~ructurgs: That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. Sgc~iQn_ 5 34,___$~r~c~Qrei Rgcrea~,iongl: Any accessory building or portion thereof, which functions for play, relaxation, or er.ercise (e. g. pool slides, play houses, tree houses, gazebos, decks, patios, hot tubs, pools). SECTION b__ PFj~MITTED_L~SES SeQtion_b_1: The following uses shall be permitted in an R1 zone without the requirement of a use permit: a. Single-family dwelling units with not more than one (1) dwelling per lot. b. A second dwelling unit which conforfis to the procedures, standards and requirements described in Section 14. -9- c. Home Occupations pursuant to the Home Occupation Ordinance of the City of Cupertino. d. Accessory buildings. e. Family day care homes. f. Group care activities. g. Keeping of animals as follows: 1. Maximum of four (4) adult household pets, provided that adult dogs are limited to a maximum of two t2). 2 Small household pets. 3. Animals must be kept in accordance with other applicable Cupertino and Santa Clara County codes and ordinances. h. Crop, tree or horticultural farming. 3c~S~~.gO__~_~i_-- Cgndi~~orla}~ _U~gs__=_L~~~Permi~__3~9~~L£~i The following uses may be permitted, subject to the securing of a conditional Use Permit in each separate case, in locations where they, in the opinion of the Planning Commission, are compatible with existing and planned uses in the neighborhood: a. Special day care homes. b. Group care activities with greater than six (6) persons. c. The keeping of any animal not otherwise permitted in the above section, subject to Santa Clara County Health Department regulations and setback requirements as set forth in the Cupertino Municipal Code. d. Home Occupations which do not meet a literal interpretation of the standards of the Home Occupation Ordinance but which in the opinion of the Planning Commission meet the intent of the Ordinance. e. Puildings or structures which incorporate solar design features that require variation from setbacks established herein, as destribed in Section 13. -t(~_ f. Two-story structures in areas designated for a one-stc-y limitation per Section 8.5.2. S~~?3Q~ ?:__~oZ_A~~? 9NQ W~.gTd $~g~~.gg_Z~__~sS_@C59 1. Lot area shall correspond to the number tmultiplied by 1,000 sq. ft.> following the R1 zoning symbol. Examples areas follows: Minimum Lot Area ~gll~.tlti_~Y2~g1 H4lT3~C in s94laC~~SS~ R1 6 6,000 R1 7.5 7,500 R1 1O 10,000 R1 20 20,000 2. Legal substandard lots, as herein defined, may be used as a building site, provided that all other provisions of this Ordinance shall apply. SffiS~~gQ~m~i~6g~ WL1Sh Mi Oi mLtm Sixty tb0) ft. measured at the front building setback line. S~CTIQN_~=__~uild30g_~e~ba51~~,~HeigF~~_$e~~~ig~~ons_and_~gv_gr~gg Sgg~i~o0_@_1~Qu~,~dipg_1Cgv_grag~_ Max~i,mgn,~ Forty percent (407.> of the lot area. 5egi•igg_t3__2__ FrgOt Yar~_~g~bagl~__ Mi~gimg~ a. Twenty t20) ft. b. Fifteen t15) ft. far a curved driveway if: 1. Driveway enters side of garage. 2. No more than fifty percent (50%) of the parcels in any one tract may have curved driveways. v. No more than two such fifteen t15) ft. setbacks side by side. -I1- Sefitigr~_8_3:_ Side Yard_$gtback_~t~~Cimum $g~gR_$L3_1~Sin9~e s~gC~$.~emgnl: a. Five t5) f t. b. Ten (10> ft. shall be provided on at least one side yard. $Scti o-1_Qs~:~i~Tr±Q_$~gCY_$~STl:~3~ a. Ten t10> ft. b. Flaq Lot - Twenty t20) ft. from any property line. c. Corner Lot - Twenty (20) ft. from any property line adjacent to the rear yard of an existing single-family home. $€~3gL~_B~~__ Strfigt~_$ide_Yard_g~,_a_CorRgr_~g~ - Twelve t12) ft. S~gg~ign Q:4~ Rgar_Yard_$e~bagl~~_MMi03mg~ $e~rfi~ion Bs4_~s_ Single_S~gCY_$~gmeC~ a. Twenty (20) ft. b. Ten t10) ft. where usable rear yard area equals twenty (20) times the lot width. $gg~~gL- 8.4~?L Twg_$~RCY_$~~mgnt - Twenty-five t25) ft. ' Sgg~ign Q=5___Heigh~_of Byi3.$~493_@~ S~LSl6~SiC53 $e5~1g~ e~sz1 1. Height shall not exceed 'thirty (30) ft. The number of stories is not regulated. -12- 2. Detached accessory buildings shall be limited to single-story and shall not exceed a height of seven (7> ft. beginning at a three (3) ft. setback from property line. The height may be increased by one (1) ft. for each additional 1 i/2 ft. of setback (corresponding to a thirty-three (33) degree angle>, up to a maximum height of fifteen (15) ft. . _ TMQ1! M ~/~ i?IIi~ RTCR iM • iw ~ ~ ~! lrrr 70 !t. ~!~ t! tt. i ~ f • n. • ' ~'! ~y . 7a' q~ n. n. ue -w~~ u. 3. Fireplace chimney, antennas or other appurtenances are excluded from the 30 ft. height restriction. Se;g~i gg_8~5_~__ Areas_Qes~na~~d f or_One stgr~l i mi t~ati on The Planning Commission and City Council may prescribe that all buildings in a designated area be limited to one (1) story in height (not to exceed eighteen t18) ft.) by affixing (i) to the R1 Zoning District; provided, however, that the Planning Commission shall have the discretion to delete this restriction through the granting of a use permit. S~eri.~ion B_5w3_rHillside_Areag The above section 8.5.1 notwithstanding, in hillside subdivisions with slopes of ten percent (f OX) or greater, an application maybe submitted by the property owner to the Architectural and Site Approval Committee for an adjustment of height regulations in consideration of topographical features. -13- s SECTj:QN_9___gAR~CING ~~~~i40_9_1__ Par~Cj.ng__3@~S~_@39!d~~^~SII~~ Two (2) enclosed garage parking spaces, plus two (2I open driveway spaces per unit. Sgg~~Qn 9_~i_ 5~3,~gf ¢arage: Enclosed garages shall provide unobstructed apace (i.e. unobstructed by walls, potential appliance locations, etc.) over an internal area of 18 ft. x 18 ft. c3~Q1~N~.4~eQQ~3~~~V I~~~C3s~T_RS~Q_TQR~~~_5~1~~~~ 5~gtion~0=i~_De~~Shed AgggSSgLy_Qgi~d3llg~ a. Five (5) ft. minimum setback (measured between eaves) from main structure. Small portable storage buildings, less than six (6) ft. in height, which are not attached to a building, permanent foundation or pad, may locate closer than five (5) ft. b. Minimum three (3) ft. from any property line. c. Height is regulated by above Section 8.5. d. Recreational structures, with a floor or step height greater than eighteen (18) inches above any point of adjoining finished grade, must set back ten (10) ft.from any property line. _ . e. Front setback must equal twenty (20) ft. from front or side property line adjacent to a public street right of way. f. Lot coverage may not exceed 30:C of useable rear yard areas. ~ec~io0_10=2~_A~tac~ied Acir,,e3so~y_Bui~,Llings a. Observe setbacks and height regulations applicable to the main building. b. Patio covers may extend as close as ten (10) ft. to the rear property line. c. Small portable storage buildings, (less than six (b) ft. in height, which are not attached to a building, permanent foundation or pad), may locate in the side yard, provided that no portion of said building encroaches closer than three (3> ft. to any property line. -14- building permits have been issued) may be constructed along the existing building lines, even. when the existing setbacks do not meet the requirements of this Ordinance, subject to the following: 1. The extension or addition does not further encroach into any required setbacks (e.g. a single-story may be extended along an existing five (5) ft. side yard setback even though the other side yard does not equal ten (lO) ft.). 2. This provision shall apply to horizontal and vertical additions at existing single-story building lines and shall require consent of adjoining property owners. If any of the adjoining property owners do not consent to the extension, the applicant may request a hearing before the Planning Commission. Adjoining property owners shall be notified at least ten (SO) days prior to said hearing. The Planning Commission may approve, deny or conditionally approve the request. The Planning Commission shall make the following findings if the request is approved: a. That the use or uses are in conformance with the General Plan and are not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located. b. That the property involved is adequate in size and shape to accommodate the proposed variation in setback or height. c. That the proposed use is otherwise not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of such proposed use nor injurious to property and improvements in the neighborhood. The applicant or adjoining property owners may appeal the Planning Commission's decision to the City Council in the same manner as set forth in the Procedural -0rdinance for a use permit. Sgg~ion__1~_2____ Minor__ Variations in_ Set~~acks_ an~i__Height: ----------------- Principal structures (i.e. not detached accessory buildings) legally e:~isting at the time of this Ordinance, may vary slightly from t)ie setback and height provisions contained herein subject to the following criteria: 1. The building does not encroach more than two t2) ft. into any required setback area or two (2) ft. above the height limit, and -ib- 2. The area of the building which encroaches into the required setback does not exceed five percent (S%) of the gross building area before the addition, and 3. Adjoining property owners consent in writing to the setback or height variation. If the above criteria are met, the variation may be approved by the Director of Planning and Development. If consent of the property owners is not attained, the applicant may request a hearing before the Planning Commission. Adjoining property owners shall be notified at least ten (19) days prior to said hearing. The Planning Commission may approve, deny, or conditionally approve the request. The applicant or adjoining property owners may appeal `he Planning Commission's decision to the City Council in the same manner as set forth in the Procedural Ordinance for a use permit. Section_j,2_3:____M3Qgr__A~ditigns__iQ~Rear__YardZ The side yard adjacent to a proposed minor addition (e.g. addition equaling ten percent (10) or less of the principal structure) may be included in calculation of usable rear yard area. S~CTIOy_~S1___§t~~AR_Q~SIGy Section__13_1: The setbacks and height restrictions outlined in the above sections may be varied for passive or active solar design features provided said variations do not infringe upon solar access or property rights of the adjoining properties. Said variations shall be considered on a case-by case basis through evaluation of a use permit application by the Planning Commission. SECTION_14___ SECDND_1.1.NITS A second unit may be permitted, subject to approval by the Director of Planning and Development in each 'separate case, when. the prescribed conditions listed in Section 14(a) are met and when, in the opinion of the Director of Planning and Development, the second unit complies with the discretionary design performance standards described in Section 14(b). The discretionary design performance standards are intended to regulate second units in a manner to ensure the maintenance of the single-f amily dwelling unit character. a. Prgscjrigtiv_g Reguiremgnts: 1) Building_~onfigura~ign_of_SeSgQd UOit A second unit located in a R1 Zonfng District requiring less than a lO.n90 sq. ft. minimum lot size must be integrated with the principal dwelling. The foundation -17- ~~ ^ Tine of the principal dwelling may be expanded or existing space in the principal dwelling may be reconfigured. The second unit shall have direct outside access without going through the. principal dwelling. A second unit located in an R1 zoning district requiring 10,000 sq. ft. and above may be attached or detached. 2I ~ats~.m5l~_~i~~_sf_~€sses'_~1~~~ The gross building area of the second dwelling unit shall not exceed 640 sq. ft. 3) ~e~b~~~lllt_~el9~~s_~o~_~4Y4~99~ a. The setback and building height requirements of the R1 Zoning District shall apply to a second unit. b. Lot coverage of all structures, including second units, shall not exceed 40X of the lot area. Functionally independent, paved off-street •parking spaces shall be provided for the principal and second unit as follows: a. Principal Dwelling: 2 enclosed and 2 uncovered. (The uncovered spaces may be located tandem to the required covered spaces.) b. Second Dwelling: 1 uncovered. s) Qwn~~_gfifiueaD6Y The owner must reside on the premises in the principal (initial) or second dwelling. A deed restriction setting forth this occupancy requirement shall be recorded prior to granting a building permit for a new dwelling unit or granting occupancy for an existing second unit constructed prior to the adoption of the second unit regulations. The owner of a property which contains a second dwelling shall sign an affidavit on each yearly anniversary date of the approval of said second unit declaring under perjury that he or she is living on the premises. -18- • b. D~,scsrgts3or~ary_Qg~~,gQ_P~rform~nce_Stan~ardg 1) ~Q~ry: The entry for a second dwelling shell not be visible from a public street. The intent is to avoid the appearance of a multi'family residence. 2) ~gcigq~~$~g=y: A second dwelling may he located on a second story if a determination can be made that said second unit will not result in privacy intrusion for adjoining single-family zoned and developed properties. Exterior staircases solely for access to a second unit should be avoided. 3) A~rFji~~rtural~D~~~gq: The architectural design of a second unit should maintain the form of the principal dwelling. 4) Q~,t~,l~~ng_M$tjerial: The building materials of a second unit shall be compatible with the materials, color and textures of the principal dwelling. 5) Parking: The required off-street parking for the principal dwelling and second dwelling shall not dominate the front setback area of the property. The intent is to preserve the front setback area as a landscaped space. 6) ~=~dir~g: The siting of a second unit shall not require excessive grading which is visible from a public space ar adjoining private property. c. jl~gg~l_apd_~ggal_~IgO_~gnfQrm~,ng Second_~(ni~~ ~„~ega~~Units: A second unit, which was constructed prior to the enactment of Section 14 of this Ordinance which regulates second units, without benefit of a building permit or in conflict with the applicable zoning ordinances at the time of the construction of the unit, is an illegal structure and activity. The owner of an illegal second unit may submit an application to obtain approval of said second unit. The second unit must comply with the Uniform Building Code, the prescriptive requirements in all respects and shall comply with the determination of the Director of Planning and Development with regard to the discretionary performance standards. Failure to comply with this section shall result in the abatement of the said use. -14- • ., S~CT~O~V_~5___SEVERAB~~ITY~CI Q~l,~~ SgS~iQr~__~5=}: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional, such decision shall nat affect the validity of the remaining portions of this Ordinance. The legislative body hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional. S~~I~QN_~s~?S14~~~1~N~_~4~A~S~ Sg~tio0 16_x: The City Clerk is hereby authorized and directed to cause a certified copy of this Ordinance to be published at least once within fifteen (15) days after its enactment in the Cupertino Courier, the official newspaper of the City, published and circulated in the City of Cupertino. INTRODUCED at a regular meeting of the City Council of the City of Cupertino, on the ___~ i'th day of __Bnt~l,ar __, 1483, and ENACTED at a regular meeting of the City Council of the City of Cupertino this __~31sc -day of __october ~ 1983, by the following vote: AYES: Catto, ,lotmsan. Rogers, Sparks, Plungy NOES: None ABSENT; None ABSTAIN: None APPROVED: yor - - --- ty of upertino ATTEST: City Clerk -~_~~ ' -20-