Ordinance No. 1863ORDINANCE NO. 1863
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 19.08 AND CHAPTER 19.28 OF THE CUPERTINO
MUNICIPAL CODE RELATING TO BASEMENTS IN SINGLE FAMILY
RESIDENTIAL (R-l) ZONES
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS
FOLLOWS:
Chapter 19.08 of the Municipal Code of Cupertino is hereby amended to read as follows:
DEFINITIONS
19.08.030 Definitions.
"Basement" means any floor below the first story in a building that 7vE~.vn ~,r ........... ~ ~,,,Ta;, ~,"
between Ever ~_~_~ ~_e:'!!ng is fully submerged below grade except for lightwells required for
light, ventilation and emergency e~ress. ~ A basement may have a maximum
exterior wall height of two feet between natural grade and the ceiling.
"Floor area" means the total area of all floors of a building measured to the outside
surfaces of exterior walls, and including the following:
1. Halls;
2. Base of stairwells;
3. Base of elevator shafts;
4. Services and mechanical equipment rooms;
5. Interior building area above 15' in height between any floor level and the ceiling
above;
6. Basements with lightwells that do not conform to Section 19.28.060(E).
7. In all zones except residential, permanently roofed, but either partially enclosed or
unenclosed building features used for sales, service, display, storage or similar uses.
"Floor area" shall not include the following:
1. Basements with lightwells that conform to Section 19.28.060(E).
2. Lightwells;
3. Attic areas;
4. Parking facilities, other than residential garages, accessory to a permitted or conditional
use and located on the same site;
5. Roofed arcades, plazas, walkways, porches, breezeways, porticos, courts, and similar
features not substantially enclosed by exterior walls.
me~_, ............................. ~ ....~ -~ ..... o ...... o r .............. r--
~c .... ~,~; ............. ~ ~ a ve~ical dist~ce me~ed parallel to ~ the na~al
~ade to the highest point of exterior construction, exclusive of chimneys, ~te~as or
other app~en~cesz except that en~ features .... L__ ~e measured to the top of the wall
Ordinance No. 1863
Page
"Lightwell" means an excavated area required by the Uniform Building Code to provide
emergency egress, light and ventilation for below grade rooms.
"Lot coverage" means and encompasses the following:
1. "Single-family residential use" means the total land area within a site that is covered by
buildings, including all projections, but excluding ground-level paving, landscape
features, lightwells, and open recreational facilities.
"Natural Grade" means the contour of the land prior to improvements or development,
unless otherwise established by a city approved grading plan that is part ora subdivision
map approval.
"Story" means that portion of a building, excluding a basement, between the surface of
any floor and the surface of the next floor above it, or if there is no floor above it, then the
space between the floor and the ceiling next above it.
Chapter 19.28 of the Municipal Code of Cupertino is hereby amended to read as follows:
SINGLE-FAMILY RESIDENTIAL (R-l) ZONES
19.28.060
Lot coverage, building setbacks, basements, height restrictions and
privacy mitigation measures for nonaccessory buildings and structures.
E. Basements
1. The number, size and volume of lightwells and basement windows and doors shall
be the minimum required by the Uniform Building Code for egress, light and
ventilation.
2. No part ofa lightwell retaining wall may be located within a required setback area
except as follows:
a. The minimum side setback for a lightwell retaining wall shall be five feet.
b. The minimum rear setback for a lightwell retaining wall shall be ten feet.
3. Lightwells that are visible from a public street shall be screened by landscaping.
4. Railings for lightwells ,hall be no higher than three feet in height and shall be
located immediately adjacent to the lightwell.
5. The perimeter of the basement and all lightwell retaining walls shall be treated
and/or reinforced with the most effective root barrier measures, as detemdned by
the Director of Community Development.
Ordinance No. 1863
Page
INTRODUCED at a regular meeting of the City Council of the City of Cupertino
on the 6th day of November, 2000, and ENACTED at a regular meeting of the City Council
of the City of Cupertino on the 20th day of November, 2000 by the following vote:
Vote
Members of the City Council
AYES: Bumett, Chang, Lowenthal, James
NOES: None
AB SENT: Statton
ABSTAIN: None
ATTEST:
City Clerk
APPROVED:
Mayor, City of Qu'p~o'
Proposed text is underlined. Deleted text is struck through.
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. /J'6, 3 , whicl~
was enacted on ~~'c, c)-o. ~Oo O , and that it ha,'
been published or posted pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
oTtqCh' dayof l~OOO~rr~ber' ,2002.
KIMBE~~ity Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California
ordinance certificate