Ordinance No. 1725
ORDINANCE NO. 1725
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 19.40, RESIDENTIAL HILLSIDE (RHS) ZONES OF THE
CUPERTINO MUNICIPAL CODE AND CHAPTER 19.08 (DEFINITIONS) OF THE
CUPERTINO MUNICIPAL CODE RELATED TO DEFINITION OF BASEMENT
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY
ORDAIN that Section 19.40 of the Cupertino Municipal Code shall be amended as
follows:
19.40.020 Applicability of regulations
No building or structure or land shall be used, and no building or structure shall be
hereafter erected, structurally altered or enlarged in a residential hillside (RHS) zone,
otherwise than in conformance with the provisions of this chapter and other applicable
provisions of this title. (Ord. 1634 (part), 1993).
Notwithstanding any other provision of this chapter to the contrary, structures which were
legally constructed prior to the effective date of this ordinance shall be deemed legally
conforming; provided, however, that any structural alteration, enlargement or remodeling
of such existing structure shall either comply with the site development regulations
(building coverage, setbacks, height restrictions and design standards) of this chapter or
shall obtain an exception as provided in Section 19.40.140.
19.40.050 B. Lot Area
I. The minimum lot area for a specific property shall correspond to the number
following the RHS zoning symbol (multiplied by one thousand square feet). Examples
are as follows:
RHS
RHS
RHS
RHS
RHS
RHS
RHS
20
40
80
120
180
200
400
Minimum Lot Area
in Square Feet
20,000
40,000
80,000
120,000
180,000
200,000
400,000
Zoning Symbol
Number
2. For purposes of subdivision, the minimum lot area shall be the average lot area
computation for a zero percent slope gradient as contained in Appendix E of the General
Plan, unless clustered in accordance with Section 18.1.1303 (Hillside Subdivisions).
These lot sizes are approximately 12,000 sq. ft. for the Foothill Modified, 21,000 sq. ft.
for the Foothill 1/2 acre modified and 218,000 sq. ft. for the 5-20. The minimum lot size
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in a clustered subdivision is 10,000 sq. ft. Lots which potentially are subdividable will be
assigned a lot size number at the time of subdivision.
3. The minimum lot area for legally-created, developed lots, which are not
subdividable, shall reflect the existing lot size.
19.40.050 F. Site Grading.
I. All site grading shall be limited to a cumulative total of two thousand five hundred
cubic yards, cut plus fill. The two thousand five hundred cubic yards includes grading for
building pad, yard areas, driveway and all other areas requiring grading, but does not
include basements. The graded area shall be limited to the building pad area to the
greatest extent possible. Grading quantities for multiple driveways shall be divided
equally among the participating lots, e.g., two lots sharing a driveway will divide the
driveway grading quantity in half. The divided share will be charged against the grading
quantity allowed for that lot development. A maximum of two thousand square feet of
flat yard area, excluding driveways, may be graded. All cut and fill areas shall be
rounded to follow the natural contours and planted with landscaping which meets the
requirements in Section 19.40.050G.
19.40.060 C. Setbacks - Second Floor.
I) Front Yard. The minimum front yard setback shall be twenty-five feet.
2) Side Yard. The minimum side yard setback shall be fifteen feet.
3) Rear Yard. The minimum rear yard setback shall be twenty-five feet.
4) Downhill elevation. The downhill elevation shall be offset in the following manner:
at least 75% of the second story downhill facing wall plane shall be set back an average
of 7 and 1/2 feet and in no case less than 5 feet from the first story downhill wall plane.
The remaining 25% may not extend past the first story wall plane.
5) Should the downhill contours not be confined to one elevation, then the downhill
offset shall be applicable to the primary setback affected.
6) A second story offset may be measured from the outside perimeter of the first-story
roofed porches. The roof of the porch must match, in pitch and style, the roof of the main
structure. The porch must also be at least five feet in width and extend the length of the
wall on which it is located.
19.40.060 E. Height of Principal Buildings and Structures
I) The maximum height of a principal building in an RHS zone shall be thirty feet
(excluding chimneys, antennae, or other appurtenances).
2) Heights exceeding twenty feet shall be subject to the setback regulations prescribed in
Section 19.40.060D and E. (Ord. 1634 (part), 1993)
3) The maximum wall height on the downhill elevation shall be 15 feet.
19.40.070 A. Building and Roof Forms
1. The building shall follow as closely as possible the primary natural contour of the lot.
The main building mass shall be on the upslope side of the building and the roof pitches
shall trend downslope.
Item No.2. shall be deleted.
19.40.140 Exceptions for development of certain individual hillside lots.
With respect to a request for development of a legally created individual hillside
lot which does not meet the development requirements contained in Section
19.40.050 D through M and 19.40.060 through .090 and 19.40.110 through .120
of this Chapter, the Planning Commission shall grant an exception to allow
development if the subject property cannot be merged with adjacent property
pursuant to Government Code Sections 66451.1 0-66451.21 and if the
commission, based upon substantial evidence, makes Jill of the following findings:
A.
I)
The proposed development will not be injurious to property or
improvements in the area nor be detrimental to the public health and
safety.
2)
The proposed development will not create a hazardous condition for
pedestrian or vehicular traffic.
3)
The proposed development has legal access to public streets and public
services are available to serve the development.
4)
The proposed development requires an exception which involves the least
modification of, or deviation from, the development regulations prescribed
in this Chapter necessary to accomplish a reasonable use of the parcel.
5)
All alternative locations for development on the parcel have been
considered and have been found to create greater environmental impacts
than the location of the proposed development.
6)
The proposed development does not consist of structures on or near known
geological or environmental hazards which have been determined by
expert testimony to be unsafe or hazardous to structures or persons
residing therein. (See General Plan Policies 2-49).
7)
The proposed development includes grading and drainage plans which will
ensure that erosion and scarring of the hillsides caused by necessary
construction of roads, housing sites, and improvements will be minimized.
(See General Plan Policies 2-53, 2-54, and 2-57.)
4
8)
The proposed development does not consist of structures which would
disrupt the natural silhouette of ridgelines as viewed from established
vantage points on the valley floor unless either:
a)
The location of a structure on a ridgeline is necessary to avoid
greater negative environmental impacts, or
b)
The structure could not otherwise be physically located on the
parcel and the size of the structure is the minimum which is
necessary to allow for a reasonable use of the parcel. (See General
Plan Policies 2-46, 2-47, and 2-48.)
9)
The proposed development consists of structures incorporating designs,
colors, materials, and outdoor lighting which blend with the natural
hillside environment and which are designed in such a manner as to reduce
the effective visible mass, including building height, as much as possible
without creating other negative environmental impacts. (See General Plan
Policies 2-46, 2-50, 2-51 and 2-52.)
10)
The proposed development is located on the parcel as far as possible from
public open space preserves or parks (if visible therefrom) , riparian
corridors, and wild life habitats unless such location will create other,
more negative environmental impacts. (See General Plan Policies 2-55, 5-
14 and 5-28.)
11)
The proposed development includes a landscape plan which retains as
many specimen trees as possible, which utilizes drought tolerant native
plants and ground covers consistent with nearby vegetation, and which
minimizes lawn areas. (See General Plan policies 2-54, 5-15, and 5-16).
12)
The proposed development confines solid fencing to the areas near a
structure rather than around the entire site. (See General Plan policy 5-17).
13)
The proposed development is otherwise consistent with the City's General
Plan and with the purposes of this Chapter as described in Section
19.40.010.
B.
An application for exception must be submitted on a form as prescribed by the
Director of Community Development. The application shall be accompanied by a
fee prescribed by City Council resolution, no part of which shall be refundable, to
the applicant. Upon receipt of an application for an exception, the Director shall
issue a Notice of Public Hearing before the Planning Commission for an
exception under this Chapter in the same manner as provided in Section
19.120.060 (relating to zoning changes). After a public hearing, and
consideration of the application in conjunction with the mandatory findings
contained in subsection A above, the Planning Commission shall approve,
conditionally approve or deny the application for an exception. The decision of
the Planning Commission may be appealed to the City Council as provided in
Section 19.136.060.
c.
An exception which has not been used within two years 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 such permit or
variance. An exception permit shall be deemed to have been "used" in the event
of the erection of a structure or structures when sufficient building activity has
occurred and continues to occur in a diligent manner.
D.
In addition to any other remedies, the City Attorney is authorized to commence
and maintain a civil action to enforce the provisions of this chapter or any
conditions attached to the granting of any permit or exception granted under this
chapter.
Section 19.40.145 Applicability
This chapter shall apply to any permit filed after April 8, 1996, provided, however, that
an exception previously granted, and for which building permits are obtained two years
after the effective date of this ordinance, is exempt.
Section 19.08 Definitions.
"Basement" means that portion of a building between floor and ceiling which is fully
submerged below grade, except that a basement may have a maximum exterior wall
height of two feet between natural grade and ceiling.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino
this 6th day of May, 1996, and ENACTED at a regular meeting of the City Council of
the City of Cupertino this 20th day of May, 1996, by the following vote:
~
~Q[ÚKCi!¡Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Bautista, Chang, Dean, Sorensen, Burnett
None
None
None
ATTEST:
APPROVED:
~~
CIty Clerk
~~;t/)
Mayor, City of Cupertino