Ordinance 1635• Ordinance No. 1635 •
AN ORDINANCE OF THE CITY OF CUPERTINO AMENDING CHAPTER 19.08, DEFINITIONS
CIfAPTER 19.28, SINGLE FAM1IILY RESIDENTIAL (R-1) (ZONES) AND CFIAPTER 18.13, HILLSIDE
SUBDIVISIONS OF A CUPERTINO MUNICIPAL CODE, AND DECLARING THE URGENCY
THEREOF. AND TAKING EFFECT IMMEDIATELY
Tlmc City Council of the City of Cupertino does hereby ordain that Chapters 19.08, 19.28 and 18.13 of the
Cupertino Municipal Code arc amended to read as follows:
Chanter 19.08 Definitions
19,08.030: Definitions
"Height" means:
A. General. The vertical distance measured from the natural grade to the highest poim of exterior construction
exclusive of chimneys, antemmas or other appurtenances.
Heighi restriction shall be established by establishing a line parallel to the natural grade.
Chanter 19.28 Sinele Family Residential (R-1) Zones
19 28 050 -Site Devclo m{Lcnt Regulations
C. Development on slopes of 30% or greater:
I . Site plans for all development proposals shall include topographical information at contour intervals not to
exceed 10 feet. Areas where slopes exceod 30% shall be identified on the site development plan.
2) No structure or improvements shall occur on slopes greater than 30°l° unless an exception is granted in
accordance with Section 19.40.140, unless no more than 500 square feet of development, including grading
and structures, occurs on an area with a slope greater than 30%.
E. Additional Site Requirements:
4. Exceptions for hillside area. ('Ilene Planning Commission may rnakc an exception for heights to excced 28
feet in an R-l zone under certain circumstances)
(4c). In no case shall the maximum height excced 30 ft. for a principle dwelling or 20 ft. for an accessory
building or dwelling.
Hillside Subdivisions
Chapter l8 1 13 Hillside Subdivisions Section 18-1 1303 Lot Design Standards
D. Lot Configuration.
1. The arcs of each lot shall be sufficient size to include the house together with rcquirod setbacks and yards,
adequate space or access drives and off-street parking, septic tank systems, if permitted and necessary cut
and/or bells.
Ordinance No. 1635 • •
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Z. Each lot shall be reviewed for appropriate building pad locations. Appropriate building pad locations shall
take into account the ridgeline visibility standards, views from open space, slope of the lot, location to
riparian corridors, protection of natural vegetation, and wildlife migration. These issues shall be studied to
determine the best building location and mitigate any negative environmental impacts and meet the building
and setback requirements as established in Chapter 19.40 Residential Hillside Zones.
3. The manmldc environment (roads, houses, fences) is shaped to a large degree by property lints. Therefore,
property lines shall reflect natural land fonns to the greatest extent possible. For example, lot lines should
follow the natural contour of a hillside, not straight lines drawn for engineering design and surveying
convenience.
C. Clusterintt_D~clooment and Subdivision
Maier subdivisions in the__S - 20_slot~d rrSi_tY_d
Development lots and major subdivisions in the five to twenty acre slope density designation shall be clustered,
reserving 90% of the land in private open space to protect the unique characteristics of the hillsides from
adverse enviromnental impacts. The project shall keep the number of lot clusters minimized, and the open
space area contiguous, to the greatest extent possible. The 90% private open space can be contained in
individual lots regulattxi by an open space easement or as land held in common as dedicates open space. 'Ilic
project shall keep the open space arcs contiguous as much as possible. A lot having common owership,
containing the designated open space, will not be counted in the total dwelling unit yield.
Significant natural features shall be identified on the tentative map: Riparian and native vegetation including
trces, shrubs and ground cever; all topography and areas of slope over 30%; water courses; faults; landslides;
views of promincm ridgclines; and views from adjacent properties.
As a condition of the subdivision, all development except that which is allowed in Chapter 19.24 Open Space
Ordinance of this code shall be completely contained in the 10% development area, which should be designed to
avoid adversely impacting the natural features. The lot sizes will be determined in the review process. The use
of the 90% private open space area shall be limited to their uses allrnved Chapter 19.24 Open Space Ordinance
of this Code.
2. Minor Subdivisions in the 5 - 20 slope density desieration.
Development of lots and minor subdivisions in the five to Monty acre slope density designation are encouraged
to be clustered, reserving 90% of the land in private open space to tbe protect the unique characteristics of the
hillsides from adverse environmental impacts. The project shall keep the open space area contiguous, and the
number of lot clusters minimized, to the greatest extent possible. The 90% private open space can be contained
in individual lots regulated by an open space easement or as larrd held in common as dedicated open space. A
lot having common ownership, containing the designated open space, will not be counted in the total dwelling
unit yield.
Significant natural features shall be identified on the tentative map: Riparian and native vegetation including
trees, shrubs and ground cover; all topography and areas of slope over 30%; water courses; faults; landslides;
views of prominent ridgelines; and views from adjacent properties.
As a condition of the subdivision, all development, except that which is allowed in Chapter 19.24 Open Space
Ordinance of this code, shall be completely contained in the 10% development arcs, which should be designed
to avoid adversely impacting the natural features. The lot sizes will b.; determined in the rcvicvv process. The
Ordinance No. 1635 ~ •
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use of the 90% private open space area shall be limited to their uses allowed in Chapter l9. 24 Opcrr Space
Ordinance of this Title.
U. Gr in
1. Preliminary or tentative grading plans will be required as specified in Chapter 16.08 or as part of the
conditional approval of the map. The extent of grading and size of building pads shall meet the
requirements as specified in Chapter 19.40.
G. Wgter Course Protection
1. Any water course identified on Figure 6-J of the Cupertino General Plan and its existing or potential
riparian vegetation must be shown on all development plans.
2. Lots in major subdivisions must be clusteral so that the water course and existing or potential riparian
vegetation arc retained in the required 90% open space designation. Building sites shall be located a
minimum of 50 ft. on lots which are Icss than !acre in size and 100 feet on lots which are grater than 1
acre. The setback shall be measured from the top of the bank or from ~:isting riparian vegetation,
whichever is greater. The setback from riparian vegetation will be measured from the drip-line perimeter.
The precise area will be established through presentation of evidence of the existing or potential riparian
vegetation and wildlife habitat and by considering their relationship to all design factors.
3. Lots in minor subdivisions are encouraged to be clustered so that development does not encroach on the
water course. Building sifts shall be located a minimum of 50 fl. on lots which are less than 1 acre in size
and 100 feet on lots afiich arc greater than I acre. The setback shall be measured from top of bank or
from existing riparian vegetation whichever is greater. Setback from riparian vegetation shall be measured
from the drip-lure perimeter. The precise area will be established through presentation of evidence of the
existing or potential riparian vegetation and wildlife habitat and by considering their relationship to all site
design factors.
H. Trail Linkaecs
In subdivisions, if a trail linkage, as shown in the General Plan Trail PLuy is identified on the property being
developed, a trail casement shall be granted in fitvor of the City prior to approval of the final map.
Severabiliri Clause
If any section subsection sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional,
such decision shall not effect the validity of the remaining portions of this ordinance. The legislative body hereby
declares that it wrould have passed this ordinance in each section, subsection, clause, phrase, thereof, irrespective of
the fact that any one or more section, subsection, sentences, clauses or phrases be declared unconstitutional.
Urgency:
The existing zoning regulations for hillside lots as identified in the Cupertino General Plan do not implement the
politics as required in the General Plan. For this reasons it is urgent and necessary for the protection of the public
health, safety, and welfare that no further permit, or other cntitiement to construct a structure be issued by the City
of Cupertino for building or development in the above-described hillside areas unless in compliance with this
ordinance. Therefore, this ordinance is declared an urgency ordinance and shall be in full force and effect upon its
enactment.
• Ordinance No. 1635
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with this ordinance. Therefore, this ordinance is declared an urgency ordinance and shall be in full force and
effect upon its enactment.
Effective Date.
This Ordinance No. 1635 shall take effect and be in full force immediately after its enactment.
INTRODUCED AND ENACTED at a regular meeting of the City Council of the City of Cupertino on the 1 Ith
day of October, 1993, by the following vote:
VOTE MFMRFRC OF THE CITY COUNCIL.
AYES: Szabo, Goldman, Sorensen, Koppel, Dean
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
APPROVED:
~~~~ ~~~"
Mayor
City of Cupertino
('iri C'I~tr
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, KIM M. SMITH, City Clerk and ex-officio Clerk of the City Council of the City
of Cupertino, California, do hereby certify the attached to be a full, true, and correct copyr
of Ordinance No. /63.f enacted on ~i~~ ~~9j
IN TNESS WI•iEREOF, I have herettrrto set my hand and aeal this ~~
day of _1~~~t.c.~ • 19 ~.~
J ~-~m
KIM M. SMITH. City Clerk and ex-
officio Clerk of the City Council`
Cupertino, California