Ordinance 1816• ORDINANCE NO. 1816
AN ORDINANCE OF THE CITY OF CUPERTINO EXTENDING ORDINANCE 1814
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. Findin s. 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 constn~cted on lots
with slopes greater than 30 percent .
The City Council of the 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:
1Vith respect to lots rvhicli 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 perntit, variance, exception, building permit, 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:
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Ordinance 181G City of Cupertino Page 2 of 3
• I. 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 Rl 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.
An application for building pcrntit which was filed and accepted by the City (fees
paid and control number issued) on or before March 1, 1999, may proceed with
application processing under the ordinances in effect at that time.
SECTION 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. Urgency:
• 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 ten (10) months and fiReen (15) days
commencing April 19, 1999, and shall terminate on March 5, 2000.
SECTION 6. Violation:
Violation of any provision of this ordinance constitutes a misdemeanor punishable as provided in
Section 1.12 of the City's Ordinance Code.
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Ordinance 1816
City of Cupertino
Page 3 ot3
• INTRODUCED AND ENACTED at a regular meeting of the City Council of the City of
Cupertino on this 26th day of April, 1999, by the following vote:
Vote Members of the City Council
Al'ES: BURNETT, DEAN, JAMES, STATTON, CHANG
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST: APPROVED:
~Lv ~ ~ ~-
City Clerk Mayor, City of upertino
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•
1
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. /~' /~o ,which
was enacted on~,1~tC`ic~dc,G~ G~z,2~ ~~~ 6 ~~qy ,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
-~ 14ut day of C/,c1. t<,(' , 19 9 9 .
~~ ~~~
KIMBERLY SMI~' ,City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, Califomia
ordinance ccnilicatc.doc
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