CC 09-20-05 #13
DRAFT
ORDINANCE NO. 1966
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 14.04, SECTION 14.04.230 OF THE CUPERTINO
MUNICIP AL CODE, RELATING TO STREET IMPROVEMENT REQUIREMENTS,
EXCEPTION BASED ON LESS THAN TWENTY -FIVE PERCENT EXPANSION OF
EXISTING FLOOR AREA
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY
ORDAIN that Chapter 14.04, Section 14.04.230 D. be amended to delete the following:
D. Except where the contemplated improvements and use of the property in question
will result in an immediate danger to public safety, as determined by the City Engineer,
where the cost of the contemplated additions, alterations or repairs to any existing
building or structure will not, during any period of twelve months, exceed twenty-five
percent of the value of existing improvements as determined by the building official
based on current per foot value of the proposed structure to the existing structure value on
a parcel of property, then any permit required in connection therewith shall be exempt
ITom application of the provisions of this chapter. For the purpose of this section, the
value of existing improvements shall be deemed to be the estimated cost to rebuild the
improvements in kind, which value shall be determined by the building official. (Ord.
1094, (part), 1981)
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY
ORDAIN that Chapter 14.04, Section 14.04.230 is amended to add the following:
D. Except where the contemplated improvements and use of the property in question
will result in an immediate danger to public safety, as determined by the City Engineer,
where the contemplated additions, alterations or repairs to any existing building or
structure will not, during any period of thirty-six months, constitute a twenty-five percent
or greater increase in the floor area of the existing building or structure, as determined by
the building official, based on the floor area ofthe existing building or structure at the
beginning of the thirty-six month period, then any permit required in connection therewith
shall be exempt ITom application of the provisions of this chapter. In the case of multiple
existing buildings or structures on a parcel, the existing floor area of each building or
structure shall be considered separately in calculating the increase in floor area. A
detached garage that is the principal garage for a habitable structure shall be considered a
part ofthe habitable structure. (Ord. 1094, (part), 1981)
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Ordinance No. 1966
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INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 6th
day of September 2005, and ENACTED at a regular meeting of the City of Cupertino this
20th day of September 2005 by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
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