Ordinance 1808•
ORDNANCE NO. 1808
AN ORDNANCE OF THE CITY OF CUPERTINO,
AMENDING CHAPTER 19.28 OF THE CUPERTINO MUNICIPAL CODE
SINGLE FAMILY RESIDENTIAL ZONES
THE CITY COUNCIL OF THE CITY OF CUPERTINO, CALIFORNIA, DOES
ORDAIN AND ENACT THE FOLLOWING:
Section 19.28.040A(1) is hereby amended to read as follows:
1. Temporary uses subject to regulations established by Chapter 19.128,
The title of section 19.28.060 is hereby amended to read as follows:
19.28.060 Lot coverage, floor area ratios, height restrictions for non-accessory
buildings and structures.
• Section 19.28.060A is hereby amended to read as follows:
A. Lot Coverage for First Story Development. A building or buildings may cover no
more than forty-five percent of the net lot area.
Section 19.28.060B is hereby amended to read as follows:
B. Floor Area Ratio.
I . Any new two story house, or two story addition to an existing house, may not cause
all structures on the lotto exceed 35% of the net lot area, unless discretionary approval is
first obtained from the Residential Design Review Committee pursuant to section
19.28.110. In no event, shall such floor area ratio exceed 45% of the net lot area.
2. A second story shall not exceed 35% of the existing or proposed first story or 600
square feet, whichever is greater.
Section 19.28.060C is hereby amended to read as follows:
C. Setback -First Story (non-accessory structures).
1. Front Yard. The minimum front yard setback is twenty feet, provided that for a
curved driveway the setback shall be fifteen feet as long as there are no more than two
such fiReen-foot setbacks occurring side by side.
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• 2. Side Yard. At least one of two side yard setbacks must be no less than 10 feet.
The other side yard setback must be no less than 5 feet. Not withstanding the above, a lot
less than 60 feet in width and less than 6,000 square feet shall have a minimum side-yard
setback of 5 feet on each side yazd In instances where an addition is proposed to an
existing building having both side yard setbacks less than 10 feet, the wider setback shall
be retained and the narrower setback must be at least 5 feet. Notwithstanding the above,
aside yazd setback which is existing and legally non-conforming may be extended along
its existing setback to no less than three feet from the property line if the applicant
obtains written consent from the adjoining property owner thereby affected and receives
approval from the Director of Community Development. In the case of a corner lot, a
minimum side-yard setback of twelve feet on the street side of the lot is required
3. Rear Yard. The minimum rear yazd setback is twenty feet unless the usable rear
yard area equals, or exceeds, twenty times the lot width as measured from the front
setback line. In that case, the minimum rear yazd setback is ten feet.
The heading of section 19.28.060D is hereby amended to read as follows:
D. Setback, Wall Heights and Eaves -Second Floor (Non-accessory structures).
There is hereby added to the Municipal Code of Cupertino Section 19.28.060D(5) that is
to read as follows:
• 5. The height of second story walls aze regulated as follows:
a. Filly percent of the total perimeter length of second story walls shall not have
exposed wall heights of greater than 6 feet, and shall have a minimum 2 foot
high overlap of the adjoining first story roof against the second floor wall.
The overlap shall be structural and shall be offset a minimum of 4 feet from
the first story exterior wall plane.
4' nin.
ah`sec
3,I m
m ,.
roll height
second
-_ tteer wall
. b. All second story wall heights greater than 6 feet, as measured from the second
story finished floor, are required to have building wall offsets at least every 24
2
. feet, with a minimum 2 foot depth and 6 foot width. The offsets shall
comprise the full height of the wall plane.
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c. All second story roofs shalt have a minimum of one foot eaves.
Section 19.28.060E(1 & 2) is hereby amended to read as follows:
1. Height
• a. Maximum Building Height. The height of any principal dwelling in an R-1 Zone
shall not exceed twenty-eight feet, not including fireplace chimneys, antennae, or
other appurtenances.
b. The maximum exterior wall height and building height must fit into a building
envelope defined by:
1. A twelve feet high vertical line measured from natural grade and located 5'
from property lines.
2. A 25 degree roof line angle projected inward at the twelve foot high line
referenced in Ibl above.
Not withstanding the above, a gable end of a roof enclosing an attic space may
have a maximum wall height of twenty feet to the peak of the roof as measured
from natural grade.
25°
. ~ .
u•
60'-0"
• Section 19.28.060E(4) including parts a., b., c. and d., is hereby repealed.
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• There is hereby added to the Municipal Code of Cupertino a new Section 19.28.060E(4)
that is to read as follows:
4. The maximum entry feature height, as measured from finish grade to the top of
the wall pl°'° ~"°~~ "°'a £ °'
c
Section 19.28.060F(3) including parts a., b., c. and d., is hereby repealed.
Section 19.28.070A is hereby repealed.
• Section 19.28.070B is hereby repealed.
Section 19.28.080 is hereby amended to be renumbered as 19.28.110.
Section 19.28.090 is hereby amended to be renumbered as 19.28.120.
There is hereby added to the Municipal Code of Cupertino Section 19.28.080 that is to
read as follows:
19.28.080 Exceptions for Prescriptive Design Regulations
Where results inconsistent with the purpose and intent of this chapter result from
the strict application of the provisions hereof, exceptions to section 19.28.060 may be
granted as provided in this section.
A. Issued by the Director of Community Development. With respect to a request for two
story development which does not meet the development requirements contained in
section 19.28.060F (Privacy Protection Requirements) the Community Development
Director may grant an exception to allowtwo-story development if the subject
development, based upon substantial evidence, meets all of the following criteria:
1. The literal enforcement of this chapter will result in restrictions inconsistent
• with the spirit and intent of this chapter.
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.
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3. The proposed development is otherwise consistent with the City's General
Plan, any applicable specific plan, and with the purposes of this chapter.
4. The adjoining properties are otherwise protected from unreasonable privacy
impacts.
B. Issued by the Residential Design Review Committee (Other Prescriptive Design
Regulations). The Residential Design Review Committee may grant exceptions from the
prescriptive design regulations described in section 19.28.060 exclusive of section
19.28.060E(4) (Hillside Building Heights) and section 19.28.060F (Privacy Protection)
upon making 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 chapter.
2. The granting of the exception will not result in a condition that is materially
detrimental to the public health, safety, and welfare.
3. The exception to be granted is one that will require the least modification of
the prescribed design regulation and the minimum variance that will accomplish the
purpose.
4. The proposed exception will not result in significant visual impact as viewed
from abutting properties.
C. Issued by the Planning Commission (Hillside Building Heights). Notwithstanding
any provision of section 19.28.060E(1) to the contrary, the Planning Commission may
grant an exception for heights to exceed 28 feet upon making all of the following
findings:
I. The subject property is in a hillside area and has slopes of ten percent or
greater.
2. Topographical features of the subject property make an exception to the
standard height restrictions necessary or desirable.
3. in no case shall the maximum height exceed thirty feet for a principal dwelling
or twenty feet for an accessory building.
4. In no case shall the maximum height of a structure located on a prominent
ridgeline, on or above the 450' contour exceed twenty-eight feet.
There is hereby added to the Municipal Code of Cupertino Section 19.28.090 that is to
read as follows:
19.28.090 Residential Design Approval
In the event that a proposed development of two stories exceeds a 35% floor area
ratio as prescribed in section 19.28.060B, the applicant shall apply to the Residential
Design Review Committee for a special permit to allow for the development; provided,
however, in no event shall such application exceed a 45% floor area ratio. In addition to
the public hearing and notice requirements described in section 19.28.100, at least ten
days prior to the date of the public hearing, the applicant shall install story poles to
outline the proposed building exterior walls and roof as further described by procedures
• developed by the Director of Community Development.
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• The Residential Design Review Committee may only grant a special permit upon
making all of the following findings:
a. The project will be consistent with the Cupertino Comprehensive General Plan, any
applicable specific plans, zoning ordinances and the purposes of this title.
b. The granting of the special permit will not result in a condition that is detrimental or
injurious to property or improvements in the vicinity, and will not be detrimental to the
public health, safety or welfare.
c. The proposed addition/home is harmonious in scale and design with the general
neighborhood.
d. The proposed addition/home is generally consistent with design guidelines developed
by the Director of Community Development.
e. The proposed addition/home will not result insignificant adverse visual impacts as
viewed from adjoining properties.
There is hereby added to the Municipal Code of Cupertino Section 19.28.100 that is to
read as follows:
19.28.100 Procedure for Exceptions and Residential Design Approvals
A. Application and Fee. All applications for approvals described in section 19.28.080
and 19.28.090 shall be made in writing on a form prescribed by the Director of
• community Development. A fee as prescribed by City Council resolution shall
accompany the application.
B. Public Hearing -Notice. Upon receipt of an application for approval, the Director of
Community Development shall set a time and place for a public hearing before the
relevant decision maker and order the public notice thereof. A notice of the hearing shall
be sent by first class mail to all owners of record of real property (as shown in the last tax
assessment roll) which abut the subject property (including properties to the left, right,
and directly opposite the subject property and properties located across a street, way,
highway or alley, and shall include owners of property whose only contiguity to the
subject property is a single point.
Notice shall be mailed at least 10 days prior to the public hearing in which the
application shall be considered. The notice shall state the date, time and place of the
hearing. A description of the approval shall be included in the notice. If the Director of
Community Development believes the project may have negative effects beyond the
range of the mailed notice, the Director, in his/her discretion, may expand noticing
beyond the stated requirements.
Compliance with the notice provisions set forth in this section shall constitute a
good faith effort to provide notice, and failure to provide notice, and the failure of any
person to receive notice, shall not prevent the City from proceeding to consider or to take
action with respect to an application for approval.
C. Decision. After closing the public hearing, the decision maker shall approve,
conditionally approve, or deny the application.
. D. All decisions regarding approvals contained in this section may be appealed by any
interested party pursuant to Chapter 19.136. An appeal of the Residential Design Review
• E. Expiration of an Exception or Residential Design Approval. A decision for approval
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 the exception. An approval 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 without further notice and hearing.
F. Concurrent Applications. Not withstanding any provision of this chapter to the
contrary, any application for Exception or Residential Design review, which would be
issued by the Director of Community Development, the Residential Design Review
Committee, or the Planning Commission may at the discretion of the Director of
Community Development, be processed concurrently with other land use approvals.
Ordinance Effective Date: The new provisions of this ordinance shall not apply to any
addition or new building for which a building permit application was accepted within 45
days of enactment by the City Council.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino
the 5th day of April 1999 and ENACTED at a regular meeting of the City Council of the
City of Cupertino the 19th of April 1999, by the following vote:
• Vote: Members of the City Council
Ayes: BURNETT, CHANG, STATTON, DEAN
Noes: NONE
Absent: JAMES
Abstain: NONE
ATTEST: APPROVED:
City Clerk "' Mayor, City of C pertino
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•
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, 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. f ~ ~' ~ ,which
was enacted on _ ~~r ,t1.lc.~ t' 1. rr y ~ j`~ ,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
,~9`Ni day of r~.~r,( , 199 .
,z: ~r~c ~~e.if~C~~__~_~_~_~_c~__lt
KIMBERLY SMITH City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California