Ordinance 1811ORDINANCE NO. 1811
• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING
CHAPTER 19.80 (ACCESSORY STRUCTURE) AND 19.84 (SECOND DWELLING UNIT)
OF THE CUPERTINO MUNICIPAL CODE
TIIE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS
FOLLOWS:
Chapter 19.80 is hereby amended to read as follows:
Page 588-SOb
Sections:
19.84.30 Applicability of regulations
19.80.020 Accessory uses and facilities.
19.80.030 Site development regulations.
19.80.040 Seconcl-Story Deck Exception
19.84.30 Site development regulations
B. Residential and Agricultural Zones. In residential and agricultural zoning
• Districts, accessory buildings and structures may be located in a required interior yard, subject to
the following restrictions:
1. With respect to accessory buildings and structures (including decks and patios) which
are attached to principal dwellings, all site development regulations, including setbacks, height
and lot coverage regulations applicable to principal dwellings in the applicable zone also govern
attached accessory buildings/structures except as otherwise specified below:
Conditions a. through i. remain as written.
Page 588-51
j. Second dory decks in RI zaring districts are required to ohtain mr exception to this
ordincux•e irr order to address privacy protection to adjoining properties except decks facing
oar-residential zaring districts and aright-of--way.
ii. f. IVirlls which are less than S' to n property lure nuns not lrerne tivindows or if wiariorvs
ure instn/led they must be obscured glass or hove the sill height above 5 ' fran the floor. Tlris
requirement shn11 trot apply !o skylight or windows which face Wright-of-ivcrv or a non-
residential zoning district.
The remainder of the conditions remain as written.
(hdin~uce ISII Paget
Page 588-52
• 19.80.040 Second-Story Deck E.xceptiorr
!I! second-story decks rrre required to obtnin an exception in order to protect
the privacy of ar~binirrg properties. The goal of the exception requirement is not to require
complete visual protection but address privacy protection to the greatest extent rvhile still
allowing dre corrsiruction and use of rur outdoor deck.
after a public hearing, the Planning Conunission may grant nrr exception to this
ordinance upon making the following finding.•
A. The deck design is such that it decreases privacy intrusion to adjoining properties to
the greatest extent. To decrease privacy intrusion, required mitigation Wray inchtde
the introduction ojwalls or landscaping to block the most sensitive views or having
Jhe smallest deck possible.
Chapter 19.84 is hereby amended to read as follows:
1'agc 588-53
Sections:
• 19.84.30 Site Development Regulations
F. A second dwelling unit maybe located on a second story, provided that:
I . Entry to the second dwelling unit is not provided by an exterior
staircase; and
2. [n the opinion of the Director of Community Development, the second
unit does not result in privacy intrusion to adjoining dwellings; and
3. !t is attadred to the prinurry residence.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 16th
day of February 1999 and ENACTED at a regular meeting of the City Council of the City of
Cupertino the 1st of March, 1999, by the following vote:
Vote: Members of the City Council
Ayes: BURNETT, CIiANG, JAMES, STATTON, DEAN
Noes: NONE
Absent: NONE
Abstain: NONE
ATTEST: /~j APPROVED:
City Clerk Mayor, City of Cup ino
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. ~~~~ ,which
was enacted on ~_ ~ ~
~'( if ~. F . ~ / ,~ j~` ~ ,and that it has
been published or posted pursuant to law (G.C. 40806).
Il IN WITNESS WHEREOF, I have hereunto set my hand and seal this II
~ ~{i day of /71~tclt , 199` .
KIMBERLY SMI'lC~-I, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California
•