Ordinance 1618. • Ordinance No. 1618 •
AN ORDINANCE OF THE CITY COUNCIL OF THE CfiY OF
CUPERTINO AMENDING TffLE l9 OF THE CUPERTQJO MUMCIPAL CODB TO MODIFY VARIOUS
SECTIONS PERTAINING TO DEFINITIONS, PERMl'i'IED USES, HEIGHT AND SETBACKS,
PROCEDURES, AND OTHER TOPICS
The Ciry Council of the City of Cupertino hereby ordains that Title 19 of the Cnperdno Muakipal Code is be
amended u follow::
Section 19.02.070. De9nidons
"Hdtht" shall read u fdbwts
A) General: The venial distance through section of the buildimg between the average of the highest Hnished
grade agjaaat m the building and the toweu Enished grade agjaaat to the bniiding. or other. sYrocenre, to the
highest point of exteri~ ~trcdon of said bnildiag or structure, exclusve a[ radio sad television antennas.
hdght of
ttruetun
`~ highst tionhed
grad
~wng~ tlnLh~d
twat sdpiing ~dg
, g+~
MuMd grad
B) AdJatxat to PromiaKat Itidgeliaa: Far properties oa a adjaaat oo a Prominoat Ridgelims at defined
by the City Council, building hdght shall be measured hom the average natural adjaoemt grade for all
vettinl stxxitrms through the strnenrre, to the highst point at exterior cottsatraioa ati said building or structure,
exclusive d radio sad television ameaaas.
Hdght testritxioa shall be eatab6shed by cooing sertions through the slruUUre perpendicular to the site's
nanuai topographic o~teun. The average aatnral grade for each secdan shah be determined by the means o[ the
highest and lowest ainual grades adjaomt w the strreame.
C) Planned Derdopmeot: The deSnition of height for buildings located in a Planed Dever ~
'Enciwed gunge'. shall be incorporated inao the deSaition 'Gon'e.'
Section 19.06.070. Permitted Yard Encroachments.
Add the following paragraph:
Anhitectural features (mot including patio covers) may extend to a required yard a distance act exceeding thra (3)
tt, Provided that ao architetttrral feature or combination thereo!~ whether a portlen ~ a principal or auxiliary
structure, may extend closer than three (3) fen to ury properly line.
Ordinance No. 1618 • •
Page -2-
Section 19.06.040. Conditional Uses.
Subsection B. Add the following:
2) Group care acdvitia witb grater than six (6) petsoaa
Sesdon 19.12.040. Conditional Usea
Subsadon B. Issued by the Planning Commission
Ada the fouowing:
22. Late evening acdvitka
S~On 19.29.100. p~ewr~Knn R.etM+a+i+n_ f~vt Dnr!~±
Subsxdons A, C, D, and E shall read at foUasvs:
A. In any cases where the caadldon of a oondidonal use permit ar variattcst hive mt bees with, ~
where the oerrat hse3 expired ,recant en dons C a~ D o[ thin aeedoa the DiteCtor shall set a date for
public heating before the decision makes granting the origin! permit a variance and notice public hearing in
aocor3anoe with Seaton 19.29.040. Following such hearing the dedsbn maker shall make tlndiags of
wtsether the ooodition of the permit or variance have not bas or are not being oompikd with std tender his
decision to revoke or modify such permit a variance.
C. A oouditional use permit or variance which has not been used within two years following the ef3ative date
theroof; shall become null and void and of m effect udess a stoner time period shall speci9ally be prsxcribod
by the condition of such permit or varianoa A permit shall tx domed to have bees 'treed' whrn asuai
substantial en! oontintsous activity has takes plane upon the lard pursuant to the permit a in the event of the
erosion of a atrusure or struames when sum buildi~ acdviry has aotvrrod aM condnrta to ooau in a
diligent manner. Any permit or variance which becomes mill and void under this subsection is subjat to
revocation pursuant to the prooedurn dace;bed in Seaton 19.29.100 (A).
Q, The decision maker gtaadag the original permit a variaatx may. without pubUe 6nring, extend such time for
a maximum of one additional year only. upon appliasioa Bled with the Director txTore the expiration of the
one-yar limit, or the expiration of such Unit as maybe spedlied by the oonditiom ~ the permit or vuiaoa.
6. it t~-. „~ rM wh_~.h a oood.+tioe`• uses Hermit was tented a~ ~!~d h:: ceased ~_ has bleep ~~QY++~+~+ for
nnc var or tome. it Heooma mJl s~ y0id s~ Of n0 effect. Am such permit which beCOma mtU std wid
,,,,,t.. ~h;. earwft,.n :. ed+Lrt en revocation ostrstrant to the [rtorr'dmes dacnbed {n Section 19.29.100 (A).
E A varisna granted ptstsaaat to this chapter shall exist for the tik of the exiaing struaare or such stctscarre as
may be consutscted pursuant w the vatiaooe approval unless a different time period is specillod is the issuance
of the variance. A variance Svm the partdng and laadiag regnlatiwa shall be valid Doty dining the period of
continued operations of the the and/or strtrcttrse for which the variance was granted.
sj. AU decision related w revocation, and extension of permit sad varianea mntalned in this season are subject
to the appeal procedures contained in Chapter 19.32.
Ordinance No.1618
Page -3-
lN'IRODUCED u a regular mating of the City Council of the City of Cupertino on the 19th day
of January .1992, and ENACTED at a regular mating of the City Council of the City of
Cupertino on the 1 a t day O( Fe b ruarv .1993, by the (olbwing vote:
ygg Members of t he CiN Ceuocil
AYES: Dean. Goldman, Koppel. Sorensen. Szabo
NOES: None
ABSENT: None
ABSTAIN; None
ATTEST: APPROVED:
('
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Clty Chi ~
Major, v.y 0~...r^"""y
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