Ordinance 1799• ORDNANCE NO. 1799
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 19.28 OF THE CUPERTINO MUNICIPAL CODE,
PRIVACY PROTECTION REQUIREMENTS FOR SINGLE FAMILY DWELLINGS
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY
ORDAIN that Title 19, Chapter 19.28 ot'the Cupertino Municipal Code shall be amended
to read as follows:
I. AMENDMENT
19.28: Lot coverage, building setbacks, height restrictions and privacy mitigation
measures for non-accessory buildings and structures.
F. Privacv Protection Requirements.
1. Required Landscape Planting.
A. Planting Plan. A building permit application for a new two story house or a
second story addition shall be accompanied by a planting plan which
identifies the location and species of existing and proposed trees or shrubs
• located on the applicant's property lines which are w~tltin a cone of vision
defined by a 30 degree angle from the side window jambs of all second story
windows (Exhibit 1). The purpose of the planting is to provide screening
between second story windows and immediately surrounding yards as viewed
from the cone of vision. "I'he planting is required on the applicant's property,
unless Option C is applied.
B. Plantint Requirements. The minimum size of the proposed trees shall be 24"
box and 8' minimum planting height. The minimum size of the shrubs shall be
15 gallon and 6' planting height. The planting must be able to achieve a
partial screening within three years from planting. The species and planting
distance behveen trees shall be governed by Appendix A. The trees or shrubs
shall be planted prior to issuance of a final occupancy permit.
C. Options. Where planting is rcyuired, the applicant may plant on the atTected
property owners lot in lieu of their owls lot or the affected property owner may
modify the numbers of shrubs or trees, their types and locations by submitting
a waiver to the Community Development Department along with the building
permit (Appendix B).
D. Apnlicabil~. This requirement shall not apply to skylights, window with sills
above S from the floor, windows facing aright-of--way, louvered windows
that prevent views into adjoining properties, and windows facing a non-
residential zoning district.
E. Maintenance. The rcyuired plants shall be maintained. Landscape planting
maintenance includes in igation, fertilization and pruning as necessary to yield
. a growth rate expected for a particular species. Where required planting dies it
Ordinance No. 1799 Page 2
. must be replaced within 30 days with the size and species as described in
Appendix A of this ordinance. The affected property owner with privacy
protection planting on their own lot is not required to maintain the
landscaping.
2. Window Alignment.
A. Window Ali ne ment. A building permit application for a new two story house
or a second story addition shall be accompanied by a site plan which includes
the adjacent buildings and their existing second story windows. New side two
story windows shall not align with existing two story windows on adjacent
buildings. The architect shall provide horizontal and vertical projections from
the proposed windows to the adjacent windows.
B. Waives Where window alignment occurs, the applicant may modify this
requirement upon receipt of written approval from the affected property
owners (Appendix B).
C. Applicability. This requirement shall not apply to skylights, windows with a
sill height above 5' from the floor, windows facing aright-of--way, louvered
windows that prevent views into adjoining properties, and windows facing a
non-residential zoning district.
3. Exception.
• A. With respect to a request for two story development which does not meet the
development requirements contained in 19.28(F) of this chapter, the
Community Development Director may grant an exception to allow two story
development if the subject development, based upon substantial evidence,
meets all of the following findings:
1. The literal enforcement of the provisions of this chapter will result
in restrictions inconsistent with the spirit and intent of this
ordinance.
2. The proposed development will not be injurious to property or
improvements in the area nor be detrimental to the public safety,
health and welfare.
3. The proposed development is otherwise consistent with the City's
General Plan and with the purposes of Chapter 19,28.
4. The adjoining property owner is otherwise protected from
unreasonable privacy impacts.
B. An application for exception must be submitted on a form as prescribed by the
Director of Community Development. The application shall be accompanied
• by a fee prescribed by City Council resolution, no part of which shall be
' ~ Ordinance No. 1799 Page 3
. refundable, to the appiicant. Upon receipt of an application for an exception,
the Director shall issue a Notice of Public Hearing before the Director of
Community Development for an exception under this chapter in the sanie
manner as provided in Section 19.120.060 (relating to zoning changes). After
a public hearing, and consideration of the application in conjunction with the
mandatory findings contained in subsection A above, the Director of
Community Development shall approve, conditionally approval or deny the
application for an exception. The decision of the Director of Community
Development may be appealed to the Planning Commission as provided in
Section 19.136.Oi0.
C. An exception which has not been used within one year following the effective
date thereof, shall become null and void and of no effect unless a shorter time
period shall specifically be prescribed by the conditions of such permit or
variance. An exception permit shall be deemed to have been "used" in the
event of the erection of a structure when sufficient building activity has
occurred and continues to occur in a diligent manner. One additional one-year
extension may be granted by the Director of Community Development if an
application is filed before the expiration date as provided in Section
19.124.100(D).
D. In addition to any other remedies, the City attorney is authorized to commence
and maintain a civil action to enforce the provisions of this chapter or any
conditions attached to the granting of any permit or exception granted under
this chapter.
[I. EXEMPT[ON
The provisions of this ordinance shall not apply to any building for which a
building permit application was accepted for a new second story building or
addition on or before August 31, 1998 and issued by February 18, 1999.
The privacy protection requirements for window alignment contained in Section
19.28.F.2 are not required for any building for which a building permit
application was accepted for a new second story building or addition between
September 1.1998 and November 5, 1998.
Any exemption hereunder applies only to the original applicant.
tII. PUBLICATION
The City Clerk shall cause this ordinance to be published at least once in a
newspaper of general circulation published and circulated in the City within t5 days
after its adoption, in accordance with Government code § 36933, shall certify to the
adoption of this ordinance and shall cause this ordinance and her certification,
together with proof of publication, to be entered in the IIook of Ordinances of the
Council of this City.
•
Ordinance No. 1799 Page 4
• INTRODUCED at a regular meeting of the City Council of the City of Cupertino
the 21st day of September, 1998 and ENACTED at a regular meeting of the City Council
of the City of Cupertino the 5`h day of October 1998, by the following vote:
Vote Members of the City Council
AYES: BURNETT, DEAN, JAMES, STATTON, CHANG
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
•
•
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~ ~ngi~
•
Privacy Invasion Mitigation
required in shaded areas
^~ 1
3 ! ~ `/
Rear
Window Yard
Window
Jamb
i Window
Window
Second Floor
I
•
Ordinance No. 1799 Page 5
• Appendix A
[.andscape Mitigation Measures
PRIVACY SCREENING MATERIALS
I. NON-DECIDUOUS TREES
Planting
Height Spread
Distance -Max
A. Cedrus Deodara -Deodara Cedar to 80' 40' @ ground 20'
B. Melaleuca Linarifolia - Flaxleaf Paperback 30' 12-15' 6'
C. Pinus Helipensis -Aleppo Pine 40-60' 20-25' 10'
D. Eucalyptus Polyanthemos - Silverdollar 20-60' I0-15' S'
E. Cinnamomom Camphora -Camphor 50' S0' 20'
F. Arbutus Marina 40' 35' I S'
G. Magnolia Grandiflora - Southern Magnolia 80' 40' 20'
The minimum tree size shall be 24" box minimum and a minimum of 8' high planted
height.
^. NON-DECIDUOUS SHRUBS
• A. Pittosporum Eugenoides 40' 20' S'
B. Pittosporum Tenuifolium 40' 20' S'
C. Pittasporum Crassifolium 25' IS-20' 8'
D. Pittosporum Undulatum -Victorian Box IS-40' 15-40' 8'
E. Cupressus Sempervirens -Italian Cypress 60' 3-6' S'
F. Podocarpus Gracilior -Fern Pine 60' 20' 10'
G. Privet Ligustmm -Glossy Privet 35-40' 20' 10'
H. Laurus Nobilis -Grecian Laurel 15-40' 20' 10'
I. Rhus Lancia -African Sumac 25' 20' 10'
The minimum shrub size shall be 15 gallon minimum and a minimum of 6' high planted
height.
Notes:
Other species than those listed above may be used subject to approval by the Community
Development Department. Applicant shall be required to submit adequate documentation
in order for approval of other planting materials. Documentation shall include a letter
from an Internationally Certified Arborist or Landscape Architect stating that the
materials proposed will meet or exceed height, spread criteria and growth rate of listed
materials and that they are suitable for planting on the applicant's property. The goal is to
provide a partial screening aRer 3 years grovvnh following planting.
' Ordinance No. 1799 Page 6
• Appendix B
Release of Privacy Protection Measures
SinE~le Family Residential Ordinance
Ordinance 19.28 (Single Family) requires that after September 21, 1998, all new two
story additions or homes be required to complete privacy protection measures. A
modification or deletion to these requirements may be granted by staff if the adjacent
affected property owners sign a release agreeing to modify or delete the requirements.
Date
Property Location
Address:
I agree to waive or modify the privacy protection measures required of the Single Family
Residential Ordinance as follows:
•
Property Owner:
Address:
Phone:
Signature:
•
STATE OF CALIFORNIA }
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
1, KIMBERLY 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 true and correct copy of Ordinance No. / ~ 9 ~ ,which
was enacted on ~C~e-'I`~-`z_, ~ , ~ % ~~ ~~ ,and that it has
been published or posted pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
Lo ~-t~ day of Ge f6 k~e/ , 19 9~ .
~~~=Y.._
KIMBERLY SMITI~, ~ity Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California
~1
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