Ordinance 1814. ORDINANCE NO. 1814
AN ORDINANCE OF THE CITY OF CUPER'fINO APPLYING INTERIM ZONING REGULATIONS
FOR PROPERTIES ZONED SINGLE FAMILY RESIDENTIAL AND HAVING A HILLSIDE SLOPE
OF 30 PERCENT OR GREATER, AND DECLARING THE URGENCY THEREOF, AND TAKING
EFFECT IMMEDIATELY
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings. The City Council of the City of Cupertino does hereby find that:
Within the Residential Single Family zoning districts, certain lots contain hillside terrain, which is equal
to or exceeds a 30 percent slope.
The Residential Single Family zoning district regulations require an applicant for construction of a home
on a 30 percent slope to seek approval of an exception prior to authorization to construct.
The Residential Single Family ordinance contains a reference to the exception findings contained in the
Residential hillside Ordinance. However, the reference does not require that the residential hillside
development standards be applied. As a result, the Single Family zoning ordinance does not contain
adequate regulations to control design of houses constructed on lots with slopes greater than 30 percent.
~'Itc City Council of tltc City of Cupertino finds that in order to properly regulate construction on lots that
exceed a 30 percent slope, it is in the best interest of the public health, safety and welfare to impose
• interim zoning restrictions on those lots during a specified period of study. This would enable the City to
properly study the effects of developments located in Residential Single Family zones that contain slopes
exceeding 30 percent and to put into effect the conclusions of such study.
SECTION 2. Regulations. Interim regulations applied to the districts zoned Single Family Residential
shall be as follows:
With respect to lots which contain a slope of 30 percent or more, no person, firm, or corporation, shall,
during the effective period of this ordinance, apply for or receive a subdivision or parcel map, use permit,
variance, exception, building pcrrnit, or other entitlement to develop or construct any building or change
the use of any building in the areas regulated by the Residential Single Family ordinance, or conduct any
grading regulated by the Grading Ordinance, except under the following regulations:
In instances when a project is proposed on the portion of a lot zoned Single Family
Residential where the grade is less than 30 percent, the property may be developed in
accordance with R I standards as describe in Chapter 19.28.
2. In a situation when a project is proposed on a portion of the lot where the grade is equal
to or greater than 30 percent, the requirements contained in Sections 19.40.050 through
19.40.140 of the Residential hillside Ordinance shall apply.
3. An application for building permit, which was filed and accepted by the City (fees paid
and control number issued) on or before March t, 1999, may proceed with application
processing under the ordinances in effect at that time.
Ordinance ISId Paget
SL'CTiON 3. Validity:
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held by a court of
competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions
of this ordinance. The City Council of the City of Cupertino does hereby declare that it would have
passed this ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of
the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION 4. Ureencv:
The existing regulations in the Residential Single Family Zone chapter of the Cupertino Municipal Code
do not adequately control development on slopes greater than 30 percent. For the reasons described in
the findings to this ordinance, it is urgent and necessary for the protection of the public health, safety, and
welfare that no further permit or other entitlement to use be issued by the City of Cupertino for building
or development in the above-described area until the study described in this ordinance is completed.
Therefore, this ordinance is declared an urgency ordinance and shall be in full force and effect upon its
enactment.
SECTION 5. Effective Date:
This urgency ordinance shall be effective for a period of forty-five (45) days commencing March I5,
1999, and shall terminate on April 28, 1999.
SECTION 6. Violation:
Violation of any provision of this ordinance constitutes a misdemeanor punishable as provided in Section
1. i 2 of the City's Ordinance Code.
INTRODUCED AND ENACTED at a regular meeting of the City Council of the City of Cupertino on
this 15th day of March 1999, by the following vote:
Vote Members of the City Council
AYES: QURNETT, CHANG, JAMES, DEAN
NOES: STATTON
AQSENT: NONE
ABS'fA1N: NONE
A7°fEST: APPROVED:
City Cierk t/ Mayor, City Of Cupertino
2
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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. ~_~~~/ `~ ,which
was enacted on ~~~:t ?c'-fi_,~ / 5~~ ~ ~ ~ % ,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
Ib~, day of l~~lurc.l~ , 1999 ,
~~~ ~~~
KIMBERLY SMITH;~City Clerk and Ex-officio Clcrk
of the City Council of the City of Cupertino, California
orJinanee certilieate.Joc