Ordinance 1834
ORDINANCE NO. 1834
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING AN AMENDMENT TO TITLE 19, CHAPTER 19.28 SINGLE FAMILY
ORDINANCE OF THE CUPERTINO MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY
ORDAIN that Title 19, Chapter 19.28 of the Cupertino Municipal Code shall be amended
to read as follows:
Chapter 19.28
Single-Family Residential (R-1) Zones
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Sections:
19.28.10 Purposes.
19.28.20 Applicability of regulations.
19.28.30 Permitted uses.
19.28.40 Conditional uses.
19.28.50 Site development regulations.
19.28.60 Lot coverage, building setbacks, height restrictions and privacy mitigation
measures for nonaccessory buildings and structures.
19.28.70 Permitted yard encroachments.
19.28.80 Exceptions for prescriptive design regulations.
19.28.90 Residential design approval.
19.28.100 Procedure for exceptions & residential design approval.
19.28.110 Solaz design.
19.28.120 Interpretation by the Planning Director.
19.28.10 Purposes.
R-1 single-family residence districts are intended to create, preserve and enhance areas
suitable for detached dwellings in order to:
A. Enhance the identify of residential neighborhoods;
B. Ensure provision of light and air to individual residential parcels;
C. Ensure a reasonable level of compatibility in scale of structures within
residential neighborhoods;
D. Reinforce the predominantly low-intensity setting in the community.
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• 19.28.20 Applicability of regulations.
do building, structure or land shall be used, and no buildin, or structure shall be hereafter
erected, structurally altered or enlarged in an R-1 single-family residence district other than in
conformance with the provisions of this chapter and other applicable provisions of this title.
19.28.30 Permitted uses.
' The tiollowing uses shall be permitted in the R-1 single-family residence district:
A. Single-family use.
B. A second dwelling unit conforming to the provisions, standards and procedures describe din
Chapter 19.82, except for those second dwelling units requiring a conditional use permit;
C. Accessory facilities and uses customarily incidental to permitted uses and otherwise
conforming with the provisions of Chapter 19.80 of this title;
D. Home occupations when accessory to permit requirements contained in that chapter';
E. Horticulture, gardening, and growing of food products for consumption by occupants of the
site;
F. Residential care facility that is licensed by the appropriate State, County agency or
department with six or less residents, not including the provider, provider family or staff;
G. Small-family day care home'
H. The keeping of a maximum of four adult household pets, provided that no more than two
adult dogs or cats may be kept on the site;
I. Utility facilities essential to provision of utility services to the neighborhood but excluding
• business offices, construction or storage yazds, maintenance facilities, or corporation yards;
J. Lazge-family day care homes, which meets the parking criteria contained in Chapter 19.100
and which is at least three hundred feet from any other large-family day aze home. The
Director of Community Development or his/her designee shall administratively approve large
day care homes to ensure compliance with the parking and proximity requirements;
K. Congregate residence with ten or less residents.
19.28.40 Conditional uses.
The following uses may be conditionally allowed in the R-1 single-family residence district,
subject to the issuance of a conditional use permit:
A. Issued by the Director of Community Development:
1. Temporary uses, subject to regulations established by Chapter 19.124.
2. Large-family day raze home, which otherwise does not meet the criteria for a permitted use.
The conditional use permit shall be processed as provided by Section 15.97.46(3) of the State
of California Health and Safety Code,
3. Buildings or structures which incorporate solar design features that require variations from
setbacks upon a determination by the Director that such design feature or features will not
result in privacy impacts, shadowing, intrusive noise or other adverse impacts to the
surrounding area,
• 4. Second dwelling units which require a conditional use permit pursuant to Chapter 19.84,
5. Home occupations requiring a conditional use permit pursuant to Chapter 19.92 of this title;
• B. [ssued by the Planning Commission:
1. Two-story structures in an area designated for aone-story limitation pursuant to Section
19.38.060 E2 of this chapter, provided that the Planning Commission determines that the
structure or structures will not result in privacy impacts, shadowing, or intrusive noise, odor.
or other adverse impacts to the surrounding azea;
2. Group care activities with greater than six persons,
3. Residential care facility that is not required to obtain a license by the state, county agency or
department and has six or less residents, not including the providers, provider family or staff.
4. Residential care facility that has the appropriate state, county agency or department license
and seven or greater residents, not including the provider family or staff, is a minimum
distance of five hundred feet from the property boundary of another residential care facility.
~. Residential care facility that is not required to obtain a license by the state, county agency or
department and has seven or greater residents, not including the provider family or staff, is a
minimum distance of five hundred feet from the property boundary of another residential
care facility.
6. Congregate residence with eleven or more residents which is a minimum distance of one
thousand feet from the boundary of another congregate residence and has a minimum of
seventy-five square feet of usable rear yard area per occupant.
19.28.50 Site development regulations.
• A. Lot Area Zoning Designations.
1. Lot area shall correspond to the number (multiplied by one thousand square feet)
following the R-1 zoning symbol. Examples are as follows:
Minimum Lot Area
Zoning Symbol Number in Square Feet
R-1 6 6,000
R-1 7.5 7,500
R-1 10 10,000
R-1 20 20,000
The minimum tot size in an R-1 zone is 6,000 square feet.
2. Lots, which contain less azea, than required by Section 19.28.050 A1, but not less than
five thousand square feet, may nevertheless be used as building sites provided that all other
applicable requirements of this title are fulfilled.
B. Lot Width.The minimum lot width shall be sixty feet measured at the front-yard setback line.
C. Development on Slopes of Thirty Percent or Greater.
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• 1. Site plans for all development proposals shall include topographical information at
contour intervals not to exceed ten feet. Areas where slopes e~ce.:d_ are thirt}~ percent o_r
~r~ eater shall be identified on the site development plan.
2. Buildings proposed on a portion of a lot with slopes of 30 percent or greater shall be
developed in accordance with the site development and design standards specified in
Sections 19.40.050 throw h 19.40.140 of the Residential Hillside Ordinance, Chapter 19.40.
or the R-1 zoning ordinance, Chapter 19.28 whichever specific resulation is more restrictive.
.3. No structure or improvements shalt occur on slopes of gfezte~ thirty percent or
rg eater unless an exception is granted in accordance with Section 19.40.140, unless no more
than five hundred square feet of development, including grading and structures, occurs on an
area with a slope grezteF-cl~ri of thirty percent or greater.
4.An application for building permit 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.
19.28.60 Lot coverage, building setbacks, height restrictions and privacy mitigation
measures for nonaccessory buildings and structures.
A. Lot Coverage for First Story Development. A building or buildings may cover no more than
• forty-five percent of the net lot area.
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 19.28.090. 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.
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 fifteen-foot
setbacks occurring side by side.
2. Side Yazd. At least one of two side yard setbacks must be no less than 10 feet. The other
side yazd 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 squaze feet shall have a minimum side-yazd setback of 5 feet on
each side yard 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, a side yard 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 rile street side ol'thc lut is
required.
3. Rear Yard. The minimum rear yard 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 yard setback is ten feet.
D. Setback -Second Floor. (Nonaccessory structures).
1. The minimum front and rear setbacks area twenty-lice feet.
2. The minimum side setbacks are ten feet, provided that in the case of a flag lot the
minimum setback is twenty feet from any property line and in the case of a corner lot a
minimum of twelve feet from a street line and twenty feet from any rear property line of an
existing, developed single-family dwelling.
3. Setback Surcharge. A setback distance equal to fifteen feet shall be added in wliolc or in
any combination to the front and side-yard setback requirements specified in section
19.28.060 D2 of this section. A minimum of five feet of the fifteen feet shall be applied to
the side yard(s).
4. Accessor;+ Buildings/Structures. Chapter 19.80 governs setbacks, coverage and other
standards for accessory structures.
~. The height of second story walls aze regulated as follows:
a. Fifty percent of the total perimeter length of second story walls shall not leave
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 tom the first story exterior
wall plane.
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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 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 shall have a minimum of one foot eaves.
E. Additional Site Requirements.
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 on single story structures 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 1 b 1 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.
• ?. Heights exceeding twenty feet shall be subject to the setback regulations in subsection D of
this section.
3. Areas Restricted to One Story. The City Council may prescribe that all buildings within a
designed area be limited to one story in height (not exceeding eighteen feet) by affixing to the R-
lzoning district, the designation "i"; provided, however, that the limitation may be removed
through use permit approval, as provided in Section 19.23.0-tOB by the Planning Commission.
4. The maximum entry feature height, as measured from finish grade to the top of the wall plate,
shall be 14 feet.
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5. No blank single-story side walls longer than 16 feet shall face a public right-of--way without at
least one of the following: 1) at least one offset with a minimum 2 foot depth and 6 foot width.
The offset shall comprise the full height of the wall plane, 2) window of at least 30'"x30", 3)
entry feature leadin to a door, 4 trellis with landsca a screenin .
6.Exceptions for Hillside Areas. Notwithstanding any provisions of Section 19.28.060E 1 to the
contrary, the Planning Commission may make an exception for heights to exceed twenty-eight
feet under certain circumstances:
a. The subject property is in a hillside area and has slopes of ten percent or greater;
b. Topographical features of the subject property make an exception to the standard
height restrictions necessary or desirable;
c. In no case, shall the maximum height exceed thirty feet for a principal dwelling or
twenty feet for an accessory building or dwelling;
d. In no case, shall the maximum height of a structure located on prominent
ridgelines, on or above the four-hundred-fifty-foot contour exceed twenty feet in height.
F. Privacy Protection Requirements.
1. Required Landscape Planting.
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• A. Requirement: In order to address privacy protection and the reduction invisible
building mass of new two story homes and additions, tree or shrub planting is
reJc uired. Applicants for new two story homes and additions must plant a tree in front
of new second stories in the front yard setback area unless there is a conflict with the
tree canopies of the public street tree (Appendix A).
B. 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 and canopy diameter of existing trees or shrubs. aacl-pre~esed New• trees
or shrubs shall be shown lec~ted on the applicant's pFepe~}-Giaes ro ert which aye
within a cone of vision defined by a 30 degree angle from the side window jambs of
all second story windows (Exhibit (). New trees or shrubs are not required to replace
existing trees or shrubs if an Internationally Certified Arborist or Licensed Landscape
Architect verifies that the existine trees/shrubs aze consistent with the intent of
Aooendix A. In addition, one tree shall be planted in the front vard setback: ~e
The planting is
required on the applicant's property, unless the Options listed in item D below is
applied. This option does not apply to the front yard tree-planting requirement.
C. Planting 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 t 5 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 between trees shall be
governed by Appendix A. The trees or shrubs shall be planted prior to issuance of a
final occupancy permit. An affidavit of planting is required in order to obtain the final
occupancy permit (Appendix C).
D. Options. Where planting is required, the applicant may plant on the affected property
owners lot in lieu of their own 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).
This option does not apply to the required tree planting in front yazds.
E. Applicability. This requirement shall not apply to skylights, windows with sills above
5' from the floor, non-aligned side-setback windows between two single-family
residential homes that have 10' or less building setbacks to the property line. unless
the affected property owner agrees to planting. In such cases, windows must be
obscure or have a sill height above 5' from the floor, windows facing aright-of--way,
and windows facing anon-residential zoning district.
F. Maintenance. The required plants shall be maintained. Landscape planting
maintenance includes irrigation, fertilization and pruning as necessary to yield a
growth rate expected for a particular species. Where required planting dies it 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 his or her
own lot is not required to maintain the landscaping.
• ?. Window Alignment.
A. Window Alignment. 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. Ne~v side t~vo 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. Waiver. Where window alignment occurs, the applicant may modify this requirement
upon receipt of written approval from the affected propen owners (Appendix B).
C. Applicability. This requirement shall not apply to skylighu, louvered windows,
windows with a silt height above 5' from the floor, windows facing aright-of-way
and windows facing anon-residential zoning district.
19.28.70 Permitted yard encroachments.
A. In R-1 zones, where a building legally constructed according to existing yard and setback
regulations at the time of construction encroaches upon present requited yards, one
encroaching side of the existing structure may be extended along existing building lines even
when the existing first-floor setbacks do not meet the requirements of this chapter. Only one
such extension shall be permitted for the life of such building. This section applies to the first
story only and shall not be construed to allow the further extension of an encroachment by
• any building, which is the result of the granting of a variance, either before or after such
property become part of the City.
B. The extension or addition may not further encroach into any required setback: e.g., a single
story may be extended along an existing five-foot side-yard setback even though the side
yard does not equal ten feet. However, incase shall any wall plane of a first-story addition be
placed closer than three feet to any property line.
C. Architectural features (not including patio covers} may extend to a required yard a distance
not exceeding three feet, provided that no architectural feature or combination thereof,
whether a portion of a principal or auxiliary structure, may extend closer than three feet to
any property line.
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:
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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 properly 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, 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:
I . 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 welfaze.
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:
t. The subject property is in a hillside area and has slopes often 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.
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 vicinit}•, 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 in significant adverse visual impacts as viewed
from adjoining properties.
19.28.100 Procedure for Exceptions and Residential Design Approvals
A. Application and Fee. All applications for approvals described in section 14.28.080 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 ngtice, 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. ARer closing the public hearing, the decision-maker shalt 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 Committee
decision shall be processed in the same manner as an appeal from the decision of the Director of
Community Development.
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
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. conditions of the exception. An approval shall be deemed to have been "used" in the event of the
erection of a structure when sufticient building activity has occurred and. continues to occur in a
diligent manner. The Director of Community Development may grant one additional one-year
extension 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.
19.28.110 Solar Design.
The setback and height restrictions provided in this chapter may be varied for a structure utilized
for passive or active solar purposes, in R-1 zones, provided that no such structure shall infringe
upon solar access or property rights of adjoining property owners. Any solar structure which
requires variation from the setback or height restriction of this chapter shall a allowed only upon
issuance of a conditional use permit by the Director of Community Development.
19.28.120 Interpretation by the Planning Director.
In R-1 zones, the Director of Community Development shall be empowered to make reasonable
interpretations ofthe regulations and provisions of this chapter consistent with the legislative
• intent thereof. Persons aggrieved by an interpretation of the chapter by the Director of
Community Development may petition the Planning Commission in writing for review of the
interpretation.
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Appendix A
Landscape Mitigation Iyieasures
PRIVACY SCREENING MATERIALS
I. NON-DECIDUOUS TREES Planting
Height Spread Distance -Max
A. Cedrus Deodara - Deodaza Cedar to 80' 40' @ ground 20'
B. Melaleuca Linarifolia - Flaxleaf Paperbazk 30' 12-1 ~' 6'
C. Pinus Helipensis -Aleppo Pine 40-60' 20-25' 10'
D. Eucalyptus Polyanthemos - Silverdollaz 20-60' 10-IS' S'
E. Cinnamomom Camphora -Camphor 50' ~0' 20'
F. Arbutus Marina 40' 35' l5'
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.
See Page 2 of Appendix A for minimum planting distance from City street trees for planting in
the front yazd setback.
II. NON-DECIDUOUS SHRUBS
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A. Pittosporum Eugenoides 40 20 S
B. Pittosporum Tenuifolium 40' 20' S'
C. Pittosporum Crassifolium 25' I5-20' 8'
D. Pittosporum Undulatum -Victorian Box 15-40' I5-40' 8'
E. Cupressus Sempervirens -Italian Cypress 60' 3-6' S'
F. Podocarpus Gracilior - Fem Pine 60' 20' t0'
G. Privet Ligustrum -Glossy Privet 35-40' 20' 10'
H. Lautvs Nobilis -Grecian Laurel 15-40' 20' 10'
I. Rhus Lancia -African Sumac 25' 20' 10'
The minimum shrub size shall be I S-gallon minimum and a minimum of 6' high-planted height.
See Page 2 of Appendix A for minimum planting distance from City street trees for planting in
the front yard setback.
Notes:
The Community Development Department than those listed above may use other species subject
to approval. 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,
spcead criteria and growth rate of listed materials and that they are suitable for planting on the
M applicant's property. The goal is to provide a partial screening afrer 3 years growth following
planting.
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Appendix A, page 2
Citv of Cupertino Street Tree List
The purpose of this list is to give the minimum planting distance between the required tree/shrub
plantin in front yard setbacks and the City street tree.
CITY STREET TREE
Spread Planting Distance - IVlin
A. St. Mary lytaenolia* 20' 10'
B. Crape Myrtle* 20' 10'
C. Privot 20' 10'
D. California Buckeye 20' 10'
E. Birch 20' 10'
F. Holly Oak 20' 10'
G. Aristocrat Flowering Pear* 30' 15'
H. Flowering Plum* 30' I ~'
[. Mayten 30' I S'
1. Melaleuca 30' 15'
K. Eastern Redbud* 30' 15'
L. Brisbane Box * 40' 20'
• M. Liquid Amber
N. Carob 40'
40' 20'
20'
O. Geigera 40' _ 20'
P. Rhus Lancia 40' 20'
Q. Lirodendron 40' 20'
R. Chinese Pistacio* 50' 25'
S. Ginl:o* 50' 25'
T. Chinese Hackberry* 50' 25'
U. Elm 50' 25'
V. Sycamore 50' 2~'
W. Mulberry 50' 25'
X. Silk Tree 50' 25'
Y. Ravwood Ash 50' 25'
Z. Medesto Ash 50' 25'
AA. Shatnmel Ash SO' 25'
BB. Camphor 60' 30'
CC. Zelkova 60' 30'
* Denotes tree currently on street tree list. Other trees previously on list and may currently exist
as a street tree.
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Appendix A, page 2
City of Cupertino Street Tree List
The puroose of this list is to give the minimum planting distance between the required tree/shrub
planting in front yard setbacks and the City street tree.
CITY STREET TREE
Spread Planting Distance -Min
A. St. Mary Magnolia* 20' 10'
B. Crape Myrtle* 20' 10'
C. Privot 20' 10'
D. California Buckeye 20' 10'
E. Birch 20' 10'
F. Holly Oak 20' 10'
G. Aristocrat Flowering Pear* 30' 15'
H. Flowering Plum* 30' 15'
I. Mayten 30' 15'
J. Melaleuca 30' 15'
K. Eastern Redbud* 30' 15'
L. Brisbane Box * 40' 20'
* Denotes tree currently on street tree list. Other trees previously on list and may currently exist
as a street tree.
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• Appendix B
Release of Privacy Protection Measures
Single Family Residential Ordinance
Ordinance 19.28 (Single Family) requires that after September 21. 1998, all new nvo story
additions or homes be required to complete privacy protection measures. Staff may grant a
modification or deletion to this requirement if the adjacent affected property owners sign a
release agreeing to modify or delete the requirement.
Date
Property Location
Address:
[ agree to waive or modify the privacy protection measures required of the Single Family
Residential Ordinance as follows:
•
Property Owner:
Address:
Phone:
Signature:
16
• Appendix C
Privacy Protection Planting A[tidavit
Purpose
To assure the decision-makers and neighbors that the privacy protection planting has
been installed according to the planting plan.
Validation
An Internationally Certified Arborist or Licensed Landscape Architect shall certify the
design and accuracy of the privacy protection planting.
Planting Certification
I certify that the privacy protection planting and irrigation is installed at:
address
and it is consistent in design, height and location with the landscape planting and
irrigation plans drawn by
and dated (attached).
Landscape Architect
• Name
Title Professional License
Stamp Here
Date
This ordinance shall take effect and be in full force 30 days after its enactment.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino the
16th day of August, 1999, and ENACTED at a regular meeting of the City Council of the
City of Cupertino the 7th day of September, 1999, by the following vote:
Vote Members of the C~ Council
AYES: Burnett, Chang, Dean, Statton
NOES: None
ABSENT: James
ABSTAIN: None
ATTEST:
'I C
'' ~ r(r',..T 'City Clerk -r-
i
APPROVED:
Mayor, City Cup ~o
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. ~b' 3 ~ ,which
~ c
was enacted on ~: !'~ ~~~ Zc t ~ L ~~c a. ~ ~ ~ ~ / ,and that it has
been published or posted pursuant to law (G.C. 40806).
IN WITNESS WJH~ EREOF, /I' have hereunto set my hand and seal this
'_~ _~-' day of ~ a~-Lz.,r ESL, ~ , 19 y ~
1
ERLY SMITH, City'CCerk and Ex-officio clerk
City Council of the City of Cupertino, California