Ordinance No. 1860ORDINANCE NO. 1860
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 19.28 OF THE CUPERTINO MUNICIPAL CODE TO
INCORPORATE EICHLER DEVELOPMENT REGULATIONS
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN
AS FOLLOWS:
There is hereby added to the municipal Code of Cupertino Section 19.28.100, which is to
read as follows:
WHEREAS, the City of Cupertino initiated the R1 ordinance amendment; and
WHEREAS, the necessary notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the City Council has held one or more Public
Hearings on this matter; and
WHEREAS, the City Council finds that the subject R1 ordinance amendment meets the
following requirements:
1. That the new zone encourages the preservation of the Eichler architectural design
while allowing redevelopment of a site; and
2. That the proposed change of zone is otherwise not detrimental to the health, safety,
peace, morals
and general welfare of persons residing or working in the neighborhood of subject
parcels; and
3. That the change of zone promotes the orderly development of the city;
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
Section 1. That Chapter 19.28 (Single-Family Residential (R-l) Zones) of the
Cupertino Municipal Code is hereby amended as described in attached Exhibit A; and
that Exhibit A, attached hereto, is made part of the Cupertino Municipal Code.
Section 2. This ordinance shall take effect and be in force thirty (30) days after
its passage.
iNTRODUCED at a regular meeting of the City Council of the City of Cupertino the 2~
day of October, 2000, and ENACTED at a regular meeting of the City Council of the City of
Cupertino the 16th day of October 2000, by the following vote:
Ordinance 1860 Page 2
Vote
AYES:
NOES:
ABSENT:
ABSTA1N:
Members of the City Council
Barnett, Chang, James, Lowenthal, Statton
None
None
None
ATTEST:
City Clerk
APPROVED:
,~layor, City o Cuperti o
Exhibit A
Chapter 19.28
Single-Family Residential (R-l) Zones
Sections:
19.28.010 Purposes.
19.28.020 Applicability of regulations.
19.28.030 Permitted uses.
19.28.040 Conditional uses.
19.28.050 Site development regulations.
19.28.060 Lot coverage, building setbacks, height restrictions and privacy mitigation
measures for non-accessory buildings and structures.
19.28.070 Permitted yard encroachments.
19.28.080 Exceptions for prescriptive design regulations.
19.28.090 Residential design approval.
19.28.100 Development Regulations - Eichler (R- 1 e)
19.28.110 Procedure for exceptions & residential design approval.
19.28.120 Solar design.
19.28.130 Interpretation by the Planning Director.
19.28.010 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 identity 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.
E. Preserve the design integrity of homes in neighborhoods with consistent
architectural themes.
19.28.020 Applicability of regulations.
No building, structure or land shall be used, and no building 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.
19.28.030 Permitted uses.
The following uses shall be permitted in the R-1 single-family residence district:
A. Single-family use.
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B. A second dwelling unit conforming to the provisions, standards and procedures
described in 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 Chapter
19.92;
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 ora 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 yards, maintenance facilities, or
corporation yards;
J. Large-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 are
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.
19.28.040 Conditional uses.
The following uses may be conditionally allowed in the R-1 single-family residence
district, subject to the issuance ora 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 care 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.
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A. Issued by the Planning Commission:
1. Two-story structures in an area designated for a one-story limitation pursuant to
Section 19.28.60 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
area;
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.
5. 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.
19.28.050 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:
Zoning Symbol Number
Minimum Lot Area
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 lot size in an R-1 zone is 6,000 square feet.
Lots, which contain less area than required by Section 19.28.50 Al, 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.
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C. Development on Slopes of Thirty Pement or Greater.
1. Site plans for all development proposals shall include topographical information
at contour intervals not to exceed ten feet. Areas where slopes are thirty percent
or greater shall be identified on the site development plan.
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 through 19.40.140 of the Residential Hillside
Ordinance, Chapter 19.40. or the R-1 zoning ordinance, Chapter 19.28 whichever
specific regulation is more restrictive.
3. No structure or improvements shall occur on slopes of thirty percent or greater
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 of thirty percent or greater.
19.28.060 Lot coverage, building setbacks, height restrictions and privacy mitigation
measures for nonaeeessory 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.
1. Any new two story house, or two story addition to an existing house, may not
cause all structures on the lot to exceed 35% of the net lot area, unless
discretionary approval is first obtained from the 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 Yard. At least one of two side yard setbacks must be no less than 10 feet.
The other side yard 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 square feet shall have a
minimum side-yard 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
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the Director of Community Development. In the case of a comer lot, a minimum
side-yard setback of twelve feet, on the street side of the lot 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.
A. Setback - Second Floor. (non-accessory structures).
1. The minimum front and rear setbacks are twenty-five feet.
2. The minimum side setbacks are ten feet, provided that, in the case ora flag lot,
the minimum setback is twenty feet from any property line. In the case of a
comer lot the minimum setback is 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
whole or in any combination to the front and side-yard setback requirements
specified in section 19.28.60 D2 of this section. A minimum of five feet of the
fifteen feet shall be applied to the side yard(s).
4. Accessory Buildings/Structures. Chapter 19.80 governs setbacks, coverage and
other standards for accessory structures.
5. The height of second story walls are regulated as follows:
a. Fifty percent of the total perimeter length of second story walls shall
not have exposed wall heights 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 from the first story exterior wall plane.
4' min.
offset
f Full height
second
floor wall
Page 7
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.
Second Floor Plan
__ II II
in. /
c. All second story roofs shall have a minimum of one foot eaves.
B. Additional Site Requirements.
1. Height
a. Maximum Building Height. The height of any principal dwelling in an R-I
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.
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c. Heights exceeding twenty feet shall be subject to the setback regulations in 19.28.60
d. The maximum entry feature height, as measured from finish grade to the top of
the wall plate, shall be 14 feet.
Top of
Plate
Finish
Grade
2. 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-1 zoning district, the designation "i". However, the limitation
may be removed through use permit approval, as provided in Section 19.28.40 B by
the Planning Commission.
1. No blank single-story side walls longer than 16 feet shall face a public right-of-way
without at least one of the following:
Page 9
a. 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.
b. Window at least 30"x 30".
c. Entry feature leading to a door.
d. Trellis with landscape screening.
4. Exceptions for Hillside Areas. Notwithstanding any provisions of Section 19.28.060
E1 to the contrary, the Planning Commission may make an exception for heights to
exceed twenty-eight feet under certain cireumstances:
a. The subject property is in a hillside area and has slopes often 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.
a. Requirement: In order to address privacy protection and the reduction in
visible building mass of new two story homes and additions, tree or shrub
planting is required. An applicant for a new two story home and/or addition
must plant at least one tree in front of the new second story in the front yard
setback area unless there is a conflict with the tree canopy of any 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, species and canopy diameter of existing trees or shrubs. New
trees or shrubs shall be shown on the applicant's property within a cone of
vision defined by a 30 degree angle from the side window jambs of all second
story windows (Exhibit 1). 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 existing trees/shrubs are consistent with
the intent of Appendix A. In addition, one tree shall be planted in the front
yard setback. 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
15 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
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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 yards.
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 a right-of-way, and windows facing a non-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.
2. 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. New side two
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 property
owners (Appendix B).
c. Applicability. This requirement shall not apply to skylights, louvered
windows, windows with a sill height above 5' from the floor, windows facing
a right-of-way and windows facing a non-residential zoning district.
19.28.070 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 required
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
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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.
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, in no case shall any wall plane
of a first-story addition be placed closer than three feet to any property line.
Architectural features (not including patio covers) may extend into a required setback
area for 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 19.28.60 may be
granted as provided in this section.
A. Issued by the Director of Community Development. With respect to a request fortwo
story development which does not meet the development requirements contained in
section 19.28.60F (Privacy Protection Requirements) the Community Development
Director may grant an exception to allow two-story development if the subject
development, based upon substantial evidence, meets all of the following criteria:
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 property 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 Design Review Committee (Other Prescriptive Design Regulations).
The Design Review Committee may grant exceptions from the prescriptive design
regulations described in section 19.28.60 exclusive of section 19.28.60E(4) (Hillside
Building Heights) and section 19.28.60F (Privacy Protection) upon making all of the
following findings:
1. The literal enfomement 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 welfare.
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.
Page 12
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 19.28.60E(1) to the contrary, the Planning Commission may
grant an exception for heights to exceed 28 feet upon making all of the following
findings:
1. 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.
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 19.28.60B, the applicant shall apply to the 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 19.28.110, 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 Design Review Committee may grant a special permit only 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 vicinity, 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 Development Regulations -- Eiehler (R-le)
R-le single-family residence "Eichler districts" protect a consistent architectural form
through the establishment of district site development regulations. Regulations found in
the other sections of this ordinance shall apply to properties zoned R-lc. In the event ora
conflict between other regulations in this chapter and this section, this section shall
prevail. Nothing in these regulations is intended to preclude a harmonious two-story
home or second story-addition.
Page 13
A. Setback -First Story.
1. The minimum front yard setback is twenty feet.
B. Building Design Requirements.
1. Entry features facing the street shall be integrated with the roof line of the
house.
2. The maximum roof slope shall be 3:12 (rise over run).
3. Wood or other siding material located on walls facing a public street (not
including the garage door) shall incorporate vertical grooves, up to six inches
apart.
4. The building design shall incorporate straight architectural lines, rather than
curved lines.
5. Second story building wall offsets described in section 19.28.060 D5b are not
required for homes in the Rloe zone.
6. The first floor shall be no more than 12 inches above the existing grade.
7. Exterior walls located adjacent to side yards shall not exceed nine feet in
height measured from the top of the floor to the top of the wall plate.
C. Privacy Protection Requirements.
1. Side & Rear Yard Facing Second Floor Windows
In addition to other privacy protection requirements in Chapter 19.28.060(F), the
following is required for all second story windows:
a. Cover windows with exterior louvers to a height of six feet above the
second floor, or
b. Obscure glass to a height of six feet above the second floor, or
c. Have a window sill height of five feet minimum above the second
floor.
19.28.110 Procedure for Exceptions and Residential Design Approvals
A. Application and Fee. All applications for approvals described in section 19.28.80 and
19.28.90 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
Page 14
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 notice, 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. After closing the public hearing, the decision-maker shall 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 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
conditions of the exception. An approval shall be deemed to have been "used" in the
event of the erection of a structure when sufficient 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. Notwithstanding any provision of this chapter to the
contrary, an application for Exception or Residential Design Review may, at the
discretion of the Director of Community Development, be processed concurrently with
other land use approvals.
19.28.120 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 easements of adjoining property owners. Any solar structure
which requires variation from the setback or height restriction of this chapter shall be
allowed only upon issuance of a conditional use permit by the Director of Community
Development.
19.28.130 Interpretation by the Planning Director.
In R-1 zones, the Director of Community Development shall be empowered to make
reasonable interpretations of the 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 Measures
PRIVACY SCREENING MATERIALS
NON-DECIDUOUS TREES
Planting
Height Spread
Distance -Max
A. Cedrus Deodara - Deodara Cedar to 80' 40' ~ ground 20'
B. Melaleuca Linarifolia - FlaxleafPaperbark 30' 12-15' 6'
C. Pinus Helipensis - Aleppo Pine 40-60' 20-25' 10'
D. Eucalyptus Polyanthemos - Silverdollar 20-60' 10-15' 5'
E. Cinnamomom Camphora - Camphor 50' 50' 20'
F. Arbutus Marina 40' 35' 15'
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 yard setback.
II. NON-DECIDUOUS SHRUBS
A. Pittosporum Eugenoides 40' 20' 5'
B. Pittosporum Tenuifolium 40' 20' 5'
C. Pittosporum Crassifolium 25' 15-20' 8'
D. Pittosporum Undulatum - Victorian Box 15-40' 15-40' 8'
E. Cupressus Sempervirens - Italian Cypress 60' 3-6' 5'
F. Podocarpus Gracilior - Fern Pine 60' 20' 10'
G. Privet Ligustrum -Glossy Privet 35-40' 20' 10'
H. Lam'us Nobilis - Grecian Laurel 15-40' 20' 10'
I. Rhus Lancia - African Sumac 25' 20' 10'
The minimum shrub size shall be 15-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 Director has the authority to approve other species if they
meet the intent of those listed above. Applicant shall be required to submit adequate
Page 16
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, spread criteria and growth rate of
listed materials and that they are suitable for planting on the applicant's property. The
goal is to provide a partial screening after 3 years growth following planting.
Appendix A, page 2
City of Cupertino Street Tree List
The purpose 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' I0'
B. Crape Myrtle* 20' 10'
C. Privot 20' 10'
D. California Buckeye 20' 10'
E. Bimh 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'
M. Liquid Amber 40' 20'
N. Carob 40' 20'
O. Geigera 40' 20'
P. Rhus Lancia 40' 20'
Q. Lirodendron 40' 20'
R. Chinese Pistacio* 50' 25'
S. Ginko* 50' 25'
T. Chinese Hackberry* 50' 25'
U. Elm 50' 25'
V. Sycamore 50' 25'
W. Mulberry 50' 25'
X. Silk Tree 50' 25'
Y. Raywood Ash 50' 25'
Z. Medesto Ash 50' 25'
Page 17
AA.Shammel Ash 50' 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.
Page 18
Appendix B
Release of Privacy Protection Measures
Single Family Residential Ordinance
Ordinance 19.28 (Single Family) requires that after September 21, 1998, all new two
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:
I agree to waive or modify the privacy protection measures required of the Single Family
Residential Ordinance as follows:
Property Owner:
Address:
Phone:
Signature:
Page 19
Appendix C
Privacy Protection Planting Affidavit
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
Nanle
Title
Date
Professional License
Stamp Here
G:Planning/Ord/eichlermunicode2
Page 20
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 (~>2d-~/-6'C2 /69 ~t~eC) , 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
/~ %1 day of )/f~ ,200_~.
KIMBERLY Si~ITH, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, Califomia