Ordinance 1619• ORDINANCE N0. 1619 •
AN ORDINANCE OF THE CITY OF CUPERTINO EXTENDING ORDINANCE 1614
lN1ERtM ZONING REGULATIONS IN RESIDENTIAL, AGRICULTURAL AND
QUASI-PUBLIC ZONING DISTRICTS LOCATED IN SPECIFIC HILLSIDE AREAS,
AND DECLARING THE URGENCY THEREOF, AND TAKING EFFECT IMMEDIATELY
'IHE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
SECTION 1. F6tdinas: The City Council of the City of Cupertino does hereby find that:
The Planning Cottuttisaon and City Cound! iz engaged in a review of the Qerural Plan 1n order to define
appropriate land use types and intensity in the hillside areas and other areas of flu community.
The Plamtiag Commission and City Council teaived public testimony and the City Council conducted a field
trip of the •In~iradoa Heights' subdivision to gather facts ooacerairrg hillside developmrnt. Residents
provided testimony desrnbiag grading Problems, unsafe road condiUoas related to width, and aesthetic
ooncertts related to deaeity of development.
Based on evidence received from dty staff artd public testirrrony, the Planning Commission and City Council
made a preliminary determimtion that the City'e General Plan and Zoning RegulaUans sltatld be amended to
provide a more rigorous coouol Duct hillside development.
The City Council of the City of Cupertino finds that them is a current and immediate threat to the public
health, safety, welfare due W grading problems, unsafe road oondidons, and ollXr emiromnertlel Lnpacts
which will be causod by future development in the abovo-described hillside areas and that approval of
additioaat subdivisioru, use permits, variances, and building permits, or any other entitlement for use which is
required in order to comply with dty caning ordtnarroet within said area would result in a threat to public,
health, safety and welfare.
The City Council lltrther Ends that in order to properly Protect the Public health, safety. and welfare it is
Y to impoee interim zoning testriaioas in the above~scdbed area during the period of st,tdy so as to
adequately complete said lady, aoalyce the results tlrercof and to put into effect the conclusion of such study.
The anus ltetein being placed under interim caning regulations are more particularly desrn'bed in Exhibit'A•
attached 6a'e-o and made s part 6eteof as fully as it set forth at irngth herein.
SECTION 2. Re¢olatio2: Interim regulations applied to the areas described is Section 1 herein shad be as
follows:
No percoq firm or corporation, chap, during ttu effective period of this ordinance, apply for or receive s
subdivision or parcel map, use permit, variance, building permit, or other entitlement to develop or constrttct
any building or change the toe of any building in the areas regulated by this ordinance, or conduct arty grading
rcgttlated by the Grading Ordinance, except as follows:
1. An existing legally consttuaod building or strttcture may be altered or remodeled as long as the expansion
does not exceed 20'.'. ~ the existing floor area of flu building, inclusive of garage spas.
2. Reoonstrtrction of sly building which is damaged or destroyod by arty ttu'attt except by intentional acts of
the ovmer and/or a tenant.
3. Ace appliation for building permit or grading permit wltich was filed and accepted by the City (fees paid
and control number isstted) on or before Dooanber 7, 1992 may procoed with application processing.
When said permit application is complete and found to be in campliantx with City Codes, a permit will be
issued.
Ordinance No. 1619 ~ • February 1, 1993
Page -2-
4. DecJcs lest than 18• high meaaued 5om saturol grade.
S. An aooesaory building lest than 120 cq. R. (Permit is not required by Unitomr Building Permit.)
6. Swimming pools that do not require grading in extxss of that which is regulated by the Grading
Ordinance.
7. Grading may be conducted in cogjunction witL a building permit issued prior to the enactmunt of this
ordinano.
SECTION 3. Validity: If any toaioa, subtoctioa, sentence, clause or phrase of this ordinary is for say reason
held by a court of competent jurisdiction to be invalid, auh decision shall ~t affect the validity of the remaining
portions of this ordinartco. The City Council of the City of Cupertino dos hereby declare that it would have passed
this ordinano and eac4 seetio4 subsectio4 sentence. clause and Phrase theroo~ irrespective of the fact that ary
oru or more sections, subsections, sentences, clauses or phrase be declared invalid
SECTION 4. Urttettcv: The existing zoning regulations in the areas described in Exhibit •A' of this ordinano
do not adequately control spociRc land use as described above. These sand uses, among other, arc currency being
studied by the PLuuting Commission and City Council as a part of a review of the General Plan. For the reasons
described in flu reataL to this ordirwna~, it is e~_^_rt :.r•I~~s~lpt flu protection of the public health, safety,
and welfare that no fsrthcz payer or t~ ear u ~er~ent to use be isaud by the City of CupcrU~ for !wilding
or development in the above-described hillside area until the studies described in this ordinance are completed.
Therefore, this ordinance Is declared an urgerrcy ordinance and shall be in full fora and effort upon its enactment.
$~CTION S. Effociive Date: This urgency ordinance shall be effective for a period of !0 months and 13 days
comrs-encing oa February I, 1993 and shall termimu on December 16, 1993.
SECTION 6: violation: Violation of any provision of this ordinance constitutes a misdemeanor punishable as
provided in Section 1.12 of the City's Ordinance Coda
INTRODUCED AND ENACTED at a regular mating of the City Council of Uu City of Cupertino on this lri day
of February. 1993 by the following vote:
Y~
pyES; Dean, Goldman, Koppel, Sorensen, Szabo
NOES: None
pg$~; None
pg~pIN; None
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,/ City of Cspatino
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City Cleric
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