Ordinance 1614• (Revised)
ORDINANCE NO. 1614
AN ORDINANCE OF THE CITY OF CUPERTTNO RELATING TO THE APPLICATION OF
IIdTERIM ZONING REGULATIONS IN RESIDENTIAL, AGRICULTURAL AND
QUASI-PUBLIC ZONING DISTRICTS LOCATED IN SPECIFIC HILLSIDE AREAS,
AND DECLARING THE URGENCY THEREOF, AND TAKING EFFECT IIvIIr1EDIATELY
THE CITY COUNCIL OF THE CITY OF CUPERTIIJO DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings: The City Council as the City of Cuperdgo don hereby Hnd that:
The Phuming Commisdog sad City Coundl b eggaged bs a review of rho General Pbn in order a define
apprapriata lend trse type sad inuadty is the hillside anal and other arena of the oommuNty.
The Pbaatag Cbmmlasioa am City Cotmdl received pobtic eatlmoay and the qty Council ooMuctod a field
trip of the 'Inspiration Hdghts' atbdivisiaa a gather Btcts canoerning hilltlde develapmeaL Residents
pcwided testimony desrnbing grading problems, unsafe road conditions rrlated a width, sad aesthnic
caooerm related to density of developmwt
Based on evideaoe recdvod 5om dh staff sad public testimony, the Flanging Commbtloa sad City Council
made a pselimigary detaminadoa that the City's General Plan and Zoning Regubtlom should be amended to
provide a mote rigorau oogtrd over hillside development.
The Ciq Caaadl of the City a1 Copettim Buda fiat these b a current and immediate threat a the public
health, safety, welfare due a grading problems, unsafe road conditions, a~ other environmental impacts
which will be cagsed b7 Buare developmem in the above~dacrtbod hillside area and that approval of
additions) subdivisions, use pertaiU, varbaoe; and building permlu, ~ a~ other entitlement fix are which is
required in order a comply with dry zoning ordinsaoa within said era would result in a threat a public,
hahh, safety sad wel6re.
The City Council Butha Buda thu in ceder a properly protect the public health, safety. and welfare it is
geodsary m impose interim xoaing reanicdOm in the above~aaibed eta daring the period of study so as to
Y ~p~ said ~f'. ~ the tewlt: tltaeaf agd to pat into egad the ooadusion of audt study.
The area: herein being planed seder interim zaaiag regubtiogs are more peNailarly desrnbed in ExWbit 'A'
attached hereto sad made a part hereof as Btlly as if set i~xth a< length hadn.
SECTION 2. R ~ oaa: Interim regrtiatiaoa applied a the area deaaibed In Setxioa 1 herein shall be as
follows:
No person, Btm ar oorpontloa, shall, during the eSectlve period a[ fhb ordinaga, apply Bx or receive a
subdivialoa or pared map, see permit, variagee. building permit, or other entitlement a develop or constnut
any building ar cbuige the use of nth baildigg is the arms regulated by this ordinagoe, or ooadnct airy grading
regulated try the Grading Ordinance, except as fotlovva:
I. An existing legally coastnscted building or structure tray be altered or remodeled es long as the expansion
b m greater than 1.000 atpnre fat .
2. Reoonatr»ction of:try building which b damaged a destroyed by say mesa except b1 inteadogal acts of
the owner and/or a tenant.
3. Ace appliatios fix bulldiag permit of grading permit which was Bled agd acxepted by the City (fns paid
sad control mrmber issncd) ~ of before Daembet 7. 1992 may Pmt tvit6 P~n&
When said permit appliadon is complete sad found a be in campliasoe with City Code; a permit will be
issued.
Ordinance No, 1614 (Revise ~ January 4, 1993 ,
Page •2-
4. Docks less then Ig' high measured from natural grade.
S. Ace accessory building less thaw IZO sq. R (Permit is mt required by Uniform Building Permit)
6. Swimming pooh that do not require grading in excess of that which is regulated by the Grading
Ordit~anoe.
7. Grading may be conducted in oogjuncdon with a building permit {slued prior to the enacm-eat o[ this
ordinance.
SECTION 3- Validity: U arty section, atbect3o0. sartenoe, dattse or phrase of thL ordinance is fa arty reason
held by a Deaf of competent jurisdiction to be invalid, each decision shall ~t affitx the validity of the remaining
portions o[ this ordinance. The City Council of the City of Cupatino does hereby declaro that it would have passed
this ordinance and each section, subaedion, seatenoe, clause sad phrase thereofti irrespective ati the face that arty
one or more section, subsa~tions, senteacea, clauses or phrases be declared invalid.
SECTION 4. Urges: The existing inning regulation in the areas desrn'bed in Exhibit 'A' of this ordinance
do not adequately control spaific Iand uses as darn'bod above. These '-• - -- - , e
studied by the Planning Commission and City Council as a part o[ a review of the General Plan. For t!x reason
desaibod in the roaitals w this ordinance, it is argent and noorssary for the protection of the public health, safety.
and welfare that no Curthu permit, map or other eatiUemeat to vse be issued by the City of Cupertino for building
or development in the abovadedescn~bod hiiltide area until the studies described in this ordinance aro completed.
Thaefare, this ordinance is declared an argeary ordinance and shall be is full fonoe and effect upon its enactment
SECTION S. Effective Date: This urgency ordinartoe shall be effective for a period of forty-6ve (4S) days
commeaciag January 4, 1993 and shall faminte on February Ig, 1993.
SECTION ti: Violation: Violation of any provision of this ordinnx constitutes a misdemrmor punishable as
provided in Section 1. t2 of the City's Ordinance Code.
INTRODUCED AND ENACTID e< a regular mating at the City Cotmdt of the Clty a[ Cupertino on this 4th day
of January, 1993 by the following vote:
ygg Members of the Citv Council
AYES: Dean, Goldman, Sorensen, Szabo
NOES: None
ABSENT: Koppel
ABSTAIN: None
APhROVED:
~~1,/ ~Q F~.-
Mgar
Cirya[Ctrpatino _
ATTEST: (~f
City Clair
`~~miubrdl6tq ,
EXHIBIT "A"
INTEt~IM ZONING MAP
ORDINANCE NO. 1614
AREAS REGULATED 8Y ORDINANCE
DATE DECEMBER T, 1992
•