Ordinance 1356•
ORDINANCE NO. 1356
AN ORDINANCE OF ZFiE CITY OF CtJPERTIIIO PURSUANT SU SFX.TION 65858
OF S~ CALIF~2NIA GOVII2t~7T CODE RELATIIdGG SU 2~RASURIA,
F7.JUCING A bDRAZUF2IUM ON APPRdVAI, OF F?CTFNSIONS ALONG
FxTIIDIIJG I~IE i AS PRL7VTL® FUR ZN SECTION 12 OF
ORDII+IA2QCE NO. 1240 OF Sim CITY OF CUPERTINO,
AND DECLARING ZfiE URGENC1i SI~2DOF, AND
TAI@1G F3"FECP IPA4EDIATELY.
2I~ CITY OU7NCIL OF Sf~ CITY OF CUPFTSSZJO DOFS ORDAIN AS FUIdDWS:
SFXTION 1. Findiras. She City council. of the City of 0.rpeztino does
hereby fitd that:
Section 12.1 of the Residential Single-family Zoning (R1) Ordinatx~e
permits the owner of a building with anon-conforming yard setback
to expazd said builditr3 alarrg the nanoforming building line
(setback) as long as the addition does not encroach into any other
required setback.
She section was adopted to enable owners of residential prr~perties
which were transferred froa the City of San Jose, to expand a
residential building utilizing the existing building lines which
were consistent with former San Jose setbacks but inconsistent with
Cupertino's setback ~~*+~+**jn,
She section was ittterded to provide relatively miter encroac2uaents
into setbacks. She wording of the section would permit any legal
non-oonforndng building to expand al~g its established building
lines regardless of the prmcimity to a neighboring property lire.
Fbr example, the present section would permit the expansion oP a
building located 1 foot or less Peon a s property line and thus
could adversely affect the livability of an adjoining property.
T*+++~*~+ as a building permit may be issued to permit an expansion
regardless of the proximity o! a rnn-oazforming building to a
property line, it is appropriate that interim zing regulations be
adopted that will prevent arty expansion of a building located within
a setback area petditg o~letion of a study.
She City Council of the City of Cupextino finds that in order to
properly regulate the expansion of non-conforming residential
buildings along an existi~ building lines, it is in the best
interest of the public health, safety, std welfare to iaq~ose interim
zanitxJ restrictions regarditg new expansions so as to adequately
oa~lete a study, analyze the results thereof, anri to put into
effect the conditions o! said study.
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SECPION 2. Regulation. Interim x~ulations applied to the rec~ilation of
setbacks described in Section 1 herein shall be as follvas:
No person, firm, or corporation shall. during the effective period of
this Or3inarxe, develop, or consttvct any building using the
provision of Section 12.1 0! Ordinance No. 1240.
SECTION 3. Validity. If any section, subsection, sentence, clause or
phrase of this Ordinance is for any reason held by a court of ocs~:etent
jurisdiction ~o be invalid, such decision shall not aflect the validity of
the remaining portions of this Ordinance. 4he City Council of the City of
Cupertino does hereby declare that it would have passed this Oniir~v~ce aryl
each section, subsection, sentence, clause and
irrespective of the fact that any arts or more secti~ subseiony~
sentences, clauses or phrases be declared invalid.
SECTION 4. Urgency. The existing zoning regulation described in Section
i o! this Ordinance does not adequately crntrvl the expansion of
non-conforming residential buildings as described above. ~
Single-family Residential Zoning Ordinance will be studied by the Planning
Cca:aaission in the immediate future. Zherefore, this Ordinance is declared
an urgency areasure and shall be in full forrs and effect upon its
enactment.
SECPION 5. Effective Date. Zhis Urgency Ordinance shall be effective for
a period of forty-five (45) days o~cirrg March 3, 1986 and shall
terminate on April 16, 1986.
IITI~DIJCED AND F2~UCIED at a regular rmeting of the City Council, of the
City of Cupertino oar this 3rd day of March, 1986, by the following vote;
114
Ate' Gatto, Johnson, Plungy, 5parke, Rogers
~~' None
~~' None
~`'~~' None
ATI'ESTi
City Clark
APPFmVF31:
~d a ~
City of Cupertino
ORD1356(B-2)lvm
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