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2017 S-61 SupplementMEMF06.l7 CUPERTINO, CALIFORNIA Instruction Sheet 2017 S-61 Supplement REMOVE OLD PAGES INSERT NEW PAGES Title Page Title Page 49, 50 TITLE 11: VEHICLES AND TRAFFIC 49, 50 21 through 24 27 through 30 37, 38 41, 42 47 through 52 57, 58 61 through 66 TITLE 19: ZONING 21 through 24 27 through 30B 37, 38 41, 42 4 7 through 52 57, 58 61 through 66 45, 46 COMPREHENSIVE ORDINANCE LIST 45, 46 1 CITY OF CUPERTINO, CALIFORNIA MUNICIPAL CODE S-61 Supplement contains: Local legislation current through Ordinance 17-2163, passed 5-2-2017 COPYRIGHT © 2017 AMERICAN LEGAL PUBLISHING CORPORATION .. /~\ \,~ .. 49 Permit Parking Zone 11.27.145 Street Limits Special Hours Pacifica A venue Northside from M--F 7:00 a.m. - Cedar Tree Court Cedar Tree Lane to Sun 7:00 a.m.-Torre Avenue to a 3:00 p.m., except end of cul de sac -12:00 p.m. point 460 feet holidays Christensen Drive All Daily 7:00 a.m.-easterly thereof -10:00 p.m. Peppertree Lane All M--F 8:00 a.m.- Clearcreek Court All F--Sun 6:00 p.m.--7:30 p.m. -2:00 a.m. Peppertree Lane Stelling Road to Sat 8:00 a.m.--4:00 Clearwood Court All F--Sun 6:00 p.m.-p.m. -2:00 a.m. Phar Lap Drive Stevens Creek Blvd. F--Su 6:00 p.m.- Dolores A venue Byrne Avenue to M--F 7:00 a.m.-to Clearcreek Court -2:00 a.m. 200 feet west of -4:00 p.m. while Presidio Drive Fort Baker to New M--F 8:00 a.m.- Orange A venue school is in session Haven -3:30 p.m. Fairwoods Court South Stelling Road Daily Presidio Drive Providence Court to M--F 8:00 a.m.- to end New Haven Court -3:30 p.m. Fenway Court All Daily 7:00 a.m.-Presidio Drive 100 feet east of New M--F 8:00 a.m.- -10:00 p.m. Haven Court to 100 -3:30 p.m. Fort Baker Drive Presidio to M--F 8:00 a.m.-feet west of New Hyannisport -3:30 p.m. Haven Court Hammond Way East end to west end Sat, Sun, holidays Randy Lane Merritt Drive to M--F 8:00 a.m.- 7:00 a.m.--4:00 Lucille Avenue 4:00 p.m. p.m. Rodrigues A venue Southside from M--F 7:00 a.m. - Hyannisport Drive Fort Baker to Linda M--F 7:00 a.m.-Torre Avenue to a 5:00 p.m., except Vista Drive -4:00 p.m. while point 230 feet holidays school is in session easterly thereof Imperial A venue Alcazar Avenue to M--F 8:00 a.m.-Rodrigues A venue Southside from a Daily McClellan Road -3:30 p.m. while point 300 feet east school is in session of Torre Avenue to Juniper Court Oak Valley Road to Sat, Sun, holidays a po int 340 feet end 7:00 a.m.··-4:00 easterly there of p.m. Rodrigues A venue Southside from a M--F 7:00 a.m.- Larry Avenue Merritt Drive to M--F, 8:00 a.m.-point 340 feet east 5:00 p.m., except Lucille A venue 4:00 p.m. of Torre Avenue to holidays Lily Avenue All M--F 8:00 a.m.- a point 625 feet -7:30 p.m. easterly thereof Lily Court All M--F 8:00 a.m.- Rose Blossom McClellan to Lily M--F 8:00 a.m.- -7:30 p.m. Way -7:30 p.m. Madrid Road From McClellan M--F 7:00 a.m.- Santa Lucia Road Stevens Canyon to Daily Merriman Road Road to the end -4:00 p.m. Scofield Drive Barbara to Western M--F 8:00 a.m.- McClellan Road East side, 430 feet M--F 7:00 a.m.- west of Byrne -4:00 p.m. -7:30 p.m. A venue to Madrid September Court All M--F 9:00 a.m.- Road -5:00 p.m. Merritt Drive Blaney to east of Sun 7:00 a.m.-September Drive McClellan to 200 M--F 9:00 a.m.- Baywood Court 100 -12:00 p.m. feet south of August -5:00 p.m. feet Lane Merritt Drive Vista Drive to M--F, 8:00 a.m.-Shattuck Drive All M--F 8:00 a.m. - Orange Tree Lane 4:00 p.m. 3:30 p.m. when school is in session New Haven Drive All M--F 8:00 a.m.- -3:30 p.m. Shelly Drive Bonny to W estacres --F 8:00 a.m.--7:30 Noonan Court All M-F 8:00 a.m.- p.m. -4:00 p.m. Stelling Road McClellan to Erin Daily Oak Valley Road Cupertino City limit Sat, Sun, holidays Stevens Canyon West side Santa Daily to Sycamore Drive 7:00 a.m.--4:00 Road Lucia north 200 feet p.m. Sycamore Drive St. Joseph A venue Sat, Sun, holidays Old Town Court All M--F 8:00 a.m.-to Oak Valley Road 7:00 a.m.--4:00 -3:30 p.m. p.m. Orange A venue East side McClellan M--F 8:00 a.m.-Torre Avenue Eastside from M--F 7:00 a.m.- to Noonan Court -4:00 p.m. Rodrigues A venue to 5:00 p.m., except Orange A venue West side McClellan M--F 8:00 a.m.- a point 265 feet holidays to Dolores -4:00 p.m. southerly thereof Orange Tree Lane Cedar Tree Lane Sun 7:00 a.m.- Tula Court All First Saturday of each month 8:00 south 175 feet -12:00 p.m. a.m.--12:00 p.m. 2017 S-61 11.27.150 Street Tula Lane Wilkinson Ave Limits All Hyannisport to Columbus Cupertino -Vehicles and Traffic Special Honrs First Saturday of each month 8:00 a.m.--12:00 p.m. M--F 8:00 a.m.- -3:30 p.m. (Ord. 17-2163, 2017; Ord. 16-2147, 2016; Ord. 16-2146, 2016; Ord. 16-2145, 2016; Ord. 14-2118, (part), 2014; Res. 03-037, 2011; Ord. 1989, 2006; Res. 99-154, 1999; Ord. 1731, (part), 1996) 11.27.150 Penalty Provisions. A. It is unlawful and a violation of this chapter for a person to falsely represent himself as eligible for a parking permit or to furnish false information in an application therefor to the Director of Public Works. B. It is unlawful and a violation of this chapter for a person holding a valid parking permit issued pursuant hereto to knowingly permit the use or display of such permit on a motor vehicle other than that for which the permit is issued. Such conduct shall constitute an unlawful act and violation of this chapter both by the person holding the valid parking permit and the person who so uses or displays the permit on a motor vehicle other than that for which it is issued. C. It is unlawful and a violation of this chapter for a person to copy, produce or otherwise bring into existence a facsimile or counterfeit parking permit or permits without written authorization from the Director of Public Works. It shall further be unlawful and a violation of this chapter for a person to knowingly use or display a facsimile or counterfeit parking permit in order to evade limitations on parking applicable in a permit parking zone. D. Any person who violates any of the provisions of this chapter shall be guilty of an infraction, and upon conviction thereof, be punished as provided in Chapter 1.12. (Ord. 1197, (part), 1982) 2017 S-61 50 19.12.010 CHAPTER 19.12: ADMINISTRATION Section 19.12.010 19.12.020 19.12.030 19.12.040 19.12.050 19.12.060 19. 12.070 19.12.080 19.12.090 19.12.100 19.12.110 19.12.120 19. 12.130 19. 12.140 19.12.150 19.12.160 19.12.170 19.12. 180 Purpose and intent. Applicability of regulations. Approval authority. Authority of the Director of Community Development. Authority of the Design Review Committee. Authority of the Planning Commission. Authority of the City Council. Application process. Action by Director. Decision. Noticing. Action by Director of Community Development-Administrative. Action by Design Review Committee and Planning Commission. Action by City Council. Notice of decision and reports. Effective date. Appeals. Expiration, extension, violation and revocation. 19.12.010 Purpose and Intent. The purpose and intent of the Administration section is to establish procedures for the discretionary review of development in the City in order to ensure that new development and changes to existing developments comply with City development requirements and policies. This chapter establishes the procedures for review of applications before the approval authorities for each type of project and the process for appeals of any requirement, decision or determination made by any Approval Body. (Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011) 19.12.020 Applicability of Regulations. Except as otherwise provided in this section, Development Review is required for all zoning map and text amendments, new construction, modifications to building exteriors or site improvements, and changes in land use, including, but not limited to, the following: 2016 S-58 21 A. In the A, Al, R-1 and RHS Zones, the following activities: 1. Conditional uses in accord with Chapter 19.20, Chapter 19.24, Chapter 19.28, Chapter 19.32, Chapter 19.36, Chapter 19.40 and Chapter 19.44; 2. Removal of protected trees identified in Chapter 14.18; 3. Projects in R-1 zones identified in Section 19.28.040; 4. Height Exceptions identified in Section 19.24.070(B)(3); 5. Hillside Exceptions identified in Section 19.44.070 and Chapter 19.48; 6. Parking Exceptions identified in Chapter 19. 124; 7. Fence Exceptions identified in Chapter 19.48; 8. Variance to all other zoning regulations. B. In R2, R3, RIC and all Commercial, Industrial, Office, Planned Community Districts and other non-residential zoning districts: 1. New structures or property development, including signs and sign programs. 2. Building additions, exterior modifications to existing structures including signs and sign programs, and site changes (including, but not limited to, new or modified landscaping, tree removals, fencing, changes to parking lot space striping or circulation); 3. Changes in property or building use that involve exterior modifications; 4. Exceptions or modifications to the development's required and/or existing parking; 5. Conditional uses in accord with Chapter 19.60, Chapter 19.64, Chapter 19.68, Chapter 19.72, Chapter 19.76, Chapter 19.80, Chapter 19.84, Chapter 19.88, Chapter 19.92, Chapter 19.96, Chapter 19.128, Chapter 19. 116, Chapter 19.132, Chapter 19.136. (Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011) 19.12.030 Approval Authority. Table 19.12.030 shows the approval authority, Noticing Radius, Expiration Date and Extension Dates for different types of Permits. N 0 --.l er., I 0\ -Type of Permit or Administrati Decision A, 8 ve Review General Plan Amendment Major F - Minor c - Zoning Map Amendments Major F - Minor G - Single Story Overlay - District Zoning Text - Amendments Specific Plans - Development - Agreements Design Review Committee - - - - - - - - Table 19.12.030 -Approval Authority Planning City Public Commission Council Hearing/ Public Meeting/ Comment Period c R F PH R F PH R F PH R F PH R F PH R F PH R F PH R F PH Noticing/ Posted Site Noticing Notice Radius 0 CA. Govt. Yes Code 65350- 65362 Yes Yes CA. Govt. Code Yes 65853- 65856 Yes CA. Govt. - Code 65853- 65856 CA. Govt. - Code 65350- 65362 CA. Govt. Yes Code 65867 Expiration Date E - - - - - - - - Chapter/ Findings CA. Govt. Code 65350- 65362 19.152.020 19.152.020 19.152.020 19.152.030 20.04.030 19.144.120 "'"' \0 "'"' N 0 i.,, 0 ("j i:: 't:I ~ -5· 0 N 0 e. :::i IJQ N N 1:5 ,_. -.:i C/) I 0\ ...... Type of Permit or Administrati Decision A, 8 ve Review Development Permits Major F,H - Minor G F Conditional Use Permits Major F,H,I F Minor G,I F Temporary F Density Bonus (Residential) Adult-Oriented Commercial Activity (CUP) Architectural and Site Approval Major J F Minor K F Design Review Committee - - - - - - - - Table 19.12.030 -Approval Authority (Cont.) Planning City Public Noticing/ Posted Site Commission Council Hearing/ Noticing Notice Public Radius 0 Meeting/ Comment Period c FIR A1/F PM Yes 19.12.110/ A1 A2 PM 300' Yes A1/F/R A1/A2/F PH CA. Govt. Yes Code 65905 A 1/F/R A1/A2/F PH Yes A1 A2 -None No R F Based on concurrent application R F PH CA. Govt. Yes Code 65905/300' A1 A2 PM 19.12.110/ Yes Adjacent A1 A2 PM Yes Expiration Date E 2 years 2 years 2 years 2 years 1 year 2 years 2 years 2 years Chapter/ Findings 19.156.050 19.156.050 None 19.160.030 19.52 19.128.030 & 19.128.040 19.168.030 N l>) > Q.. §. e. "' ::;- ~ §. ,_. IC> ,_. N 0 (;.,l 0 N 0 ...... V1 Cl'.l J:,.. -.l Type of Permit or Decision A, 8 Amendment Major F, H Minor G Minor Modification Hillside Exception/ Height Exception/ Heart of the City Exception 1 Variance Status of non-conforming Use Wireless Antennas 1 Signs Permits Neon, Reader board & Freeway Oriented Signs 1 Administrati Design ve Review Review Committee -- F - F - -- F - -- F - F - -F Table 19.12.030 -Approval Authority (Cont.) Planning City Public Noticing/ Commission Council Hearing/ Noticing Public Radius 0 Meeting/ Comment Period c F A1 PM/PH 19.12.110/ 300' A1 A2 PM/PH A1 A2 -None F A1 PH 19.12.110/ 300' A1 A2 PH CA. Govt. Code 65905 F A1 PH 19.12.110/ 300' Ff A 1 A2 Varies 1 Depends on application type A1 AZ -None F AIL PM 19.12.110/ 300' Posted Site Expiration Notice Date E Yes 2 years Yes 2 years No 2 years Yes 2 years Yes 2 years Yes - Yes 2 years No 1 year No 1 year Chapter/ Findings 19.44, 19.156, 19.164 19.164 19.40.080, 19.24.070, 19.136.090 19.156.060 19.140.110 19.136.090 19.104 19.104 ·., ..... \0 ..... N 0 (.,, 0 (") i:: 'O ro '"1 ..... s· 0 N § s· (JO ~ 27 Administration 19.12.030 Key: Notes: A. Permits can be processed concurrently with other applications, at the discretion of the Director of Community Development. B. Projects with combined applications shall be processed at the highest level of approval in conformance with Section 19.04.090. C. Public Hearing: Project types that need noticing pursuant to the CA Government Code; Public Meeting: Project types that need only a mailed notice and no newspaper notices; Comment Period: Project types that need only a mailed notice and do not need a public hearing or public meeting. D. Noticing Radius of an application in a combined application shall correspond to the maximum noticing radius required for any one of the applications. E. Expiration date of an application in a combined application shall correspond to the maximum expiration date allowed for any one of the development applications (not including Subdivision Map Act applications, General Plan Amendments and Zoning Map or Text Amendments.) F. Major General Plan Amendment, Conditional Use Permit, Development Permit application -for more than ten thousand square feet of commercial and/or industrial and/or office and/or other non-residential use, or greater than six residential units. G. Minor General Plan Amendment, Conditional Use Permit, Development Permit application -for ten thousand square feet or less of commercial and/or industrial and/or office and/or other non-residential use, or six or less residential units. H. City Council review for applications with new development greater than fifty thousand square feet of commercial, and/or greater than one hundred thousand square feet of industrial and/or office and/or other non-residential use, and/or greater than fifty residential units. Planning Commission review for all other applications. I. Please see specific zoning district regulations or chapters in this title that apply to the subject property or project for approval authority. J. Major Architectural and Site Approval application - architectural and site approval for all projects that are not a Minor Architectural and Site Approval application. K. Minor Architectural and Site Approval application - single family home in a planned development zoning district, minor building architectural modifications, landscaping, signs and lighting for new development, 2017 S-61 redevelopment or modification in such zones where review is required and minor modifications of duplex and multi-family buildings. L. Appeals of Design Review Committee decisions shall be heard by the City Council. M. Parking Exceptions approved by the Director of Community Development need a comment period. Parking Exceptions approved by the Design Review Committee need a public meeting. N. Parking Exceptions in Single-family residential (R-1) zones and Duplex (R2) zones need adjacent noticing. All other Parking Exceptions need notices within three hundred feet of the exterior boundary of the subject property. 0. Application must be filed prior to expiration date of permit. Permit is extended until decision of the Approval Body on the extension. (Ord. 17-2162, § 1, 2017; Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011) 19.12.040 Authority of the Director of Community Development. Subject to the provisions of this chapter and general purpose and intent of this title, the authority of the Director of Community Development is as follows: A. Grant any permits which are authorized to be issued by the Director pursuant to Section 19.12.030 and any other provisions of this code; B. Grant parking exceptions for projects that are reviewed in conjunction with permits which are authorized to be issued by the Director of Community Development pursuant to Section 19.12.030; C. Grant a variance from site development regulations and parking and loading regulations ( except those handicapped parking regulations mandated by State law) applicable within any zoning district established by this title; D. Grant a variance from the special conditions of approval that apply to site development and parking and loading regulations (including conditions attached to planned developments) applicable within any zoning district established by this title. E. Grant a request for reasonable accommodation made by any person with a disability, when the strict application of the provisions within residential districts acts as a barrier to fair housing opportunities, pursuant to Chapter 19.52. F. Make reasonable interpretations of the regulations and provisions of this title, and any chapter therein, consistent with the legislative intent. Persons aggrieved by an interpretation of the Director of Community Development may petition the Planning Commission in writing for review of the interpretation. 19.12.040 Cupertino -Zoning 28 G. May refer an application to another Approval Body for review, decision or recommendation. (Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011) 19.12.050 Authority of the Design Review Committee. Subject to the provisions of this chapter and general purpose and intent of this title, the authority of the Design Review Committee is as follows: A. Grant any permits and exceptions which are authorized to be issued by the Design Review Committee pursuant to Section 19.12.030 and any other provisions of this code; B. Grant parking exceptions for projects that are in conjunction with permits which are authorized to be issued by the Design Review Committee pursuant to Section 19.12.030. (Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011) 19.12.060 Authority of the Planning Commission. Subject to the provisions of this chapter and general purpose and intent of this title, the authority of the Planning Commission is as follows: A. Grant any permits which are authorized to be issued by the Planning Commission pursuant to Section 19.12.030 and any other provisions of this code; B. Grant parking exceptions for projects that are in conjunction with permits which are authorized to be issued by the Planning Commission pursuant to Section 19 .12. 030; C. Make recommendations to the City Council on applications in which it is a recommending body; and D. Decide on appeals of decisions pursuant to Section 19.12.030. (Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011) 19.12.070 Authority of the City Council. Subject to the provisions of this chapter and general purpose and intent of this title, the authority of the City Council is as follows: A. Grant any permits which are authorized to be issued by the City Council pursuant to Section 19.12.030 and any other provisions of the code; B. Decide on appeals of decisions pursuant to Section 19.12.030. (Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011) 19.12.080 Application Process. The following provisions outline the requirements for the filing of applications for permits, entitlements, 2017 S-61 amendments, and approvals. Unless otherwise specified in this title, all applications for permits, entitlements, amendments and approvals required by this title shall be filed in compliance with this section. Applications for permits, permit modifications, amendments and other matters pertaining to this Chapter shall be filed with the Director of Community Development with the following: A. An application for permit may be made by the owner of record, his or her agent, lessee(s) of property, or person(s) who have contracted to purchase or lease property contingent upon their ability to acquire the necessary permit under this title and who have written authorization from the property owner to make an application. B. Application shall be made on a form provided by the City, and shall contain the following, unless waived by the Director of Community Development based on the scope of the proposed project: 1. A complete legal description of the subject property and map showing the location of the property for which the permit is sought; 2. A preliminary title report of the subject property; 3. The proposed site development plan indicating: the location of all buildings and structures; the location and types of land uses; paved areas, such as roadways, driveways and walkways; and general landscaping scheme; 4. Architectural drawings of the proposed development, building additions or other structures. Drawings shall indicate building height, colors, materials, window treatment and other architectural features; 5. Maps showing the locations of buildings; 6. Renderings showing building heights and square footages; 7. Maps showing the precise location of roads, streets, alleys and access points; 8. A traffic analysis, if required; 9. A construction plan; 10. Any property/development with a Homeowner's Association (HOA) or Architectural Review Board (ARB) shall provide a letter of approval from said HOA Board or ARB; 11. The Director of Community Development may reasonably require additional information which is pertinent and essential to the application; 12. Zoning Map or Text Amendments shall also include information required per Chapter 19.152. a. Zoning applications for establishment or removal of Single-Story Overlay District in Single Family (Rl) zoning districts (Single-Story Overlay District Applications) shall also include information required per Section 19.28.050(B); b. Zoning applications for Multi-Family (R3) Residential shall also include information required per Section 19.36.040; 29 Administration 19.12.080 c. Zoning applications for Residential Single-family Cluster (R 1 C) initiated by a property owner, or his or her designee, shall also include items identified in Section 19 .44. 050(H); and d. Zoning applications for Planned Development Zoning Districts shall also include information required per Section 19.80.040. 13. Planned Development Permit and Development Permit applications shall also include information required per Section 19.156.010; 14. Conditional Use Permits and Variances shall also include information required per Section 19.156.020; 15. Density Bonus Permit applications shall also include information required per Section 19.56.060; 16. Conversion of Apartment Projects to Common Interest Developments applications shall also include information required per Section 19.116.050; and 17. Sign Permit Applications should also include information required per Section 19. 104. 040. C. Application shall be accompanied by the fee prescribed by City Council resolution, no part of which shall be returnable to the applicant. D. The Approval Authority is granted the authority to make the decision to grant, deny, or impose conditions or restrictions on a permit or other action on a permit as well as to conduct and make any decisions necessary for environmental review under the California Environmental Quality Act. (Ord. 17-2162, § 2, 2017; Ord. 16-2149, § 4, 2016; Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011) 19.12.090 Action by Director. Upon receipt of an application for a permit, the Director of Community Development shall: A. Within thirty days determine whether the application is complete or needs additional information and shall inform the applicant. B. Mail ballots to the property owners of record of the properties affected by a Single-Story Overlay District Application. The ballot shall, in addition to information related to the proposal, include the following information: 1. Proposed Single-Story Overlay District Map pursuant to Section 19.28.050(B)(l); 2. Statement indicating that each developable lot of record shall have one (1) vote; and 3. A date, forty-five (45) calendar days from the date of mailing of the ballot, on which a completed ballot must be postmarked or received by the City in order to be accepted. C. Not later than a period stipulated in Section 19.12.100, Decision, below: 1. Set a date for a public hearing or public meeting upon the matter at a regular or special meeting of the 2017 S-61 approval authority for the project for applications that require a public hearing or public meeting, except that Single-Story Overlay District Applications shall be scheduled for a public hearing, only if the result of the mailed ballot, pursuant to 19.12.090(B) above, indicates support of a minimum sixty-six and two-thirds (66 2/3) percent by the property owners within the proposed or existing Single-Story Overlay District (each developable lot of record shall have one (1) vote); or 2. Send notice in accord with the requirements of 19.12.llO(D) for applications that do not need a public hearing or public meeting. (Ord. 17-2162, § 3, 2017; Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011) 19.12.100 Decision. Unless postponed or continued with the mutual consent of the Director of Community Development and the applicant and written confirmation from the applicant, a decision shall be rendered: 1. No later than sixty days following the date the application is deemed complete and either categorically exempt under the California Environmental Quality Act (CEQA) or the adoption of a negative declaration or one hundred and eighty days of certification of an Environmental Impact Report (EIR). 2. Notwithstanding the above, no later than one hundred and fifty days upon receipt of a complete application for a new personal wireless communication facility or ninety days upon receipt of an application for collocation of a personal wireless communication facility/ antennas. (Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011) 19.12.110 Noticing. A. Notice of Public Hearing: Noticing shall be provided in the following manner for applications that need a public hearing: 1. Notice of hearing shall be given by publication once in a local newspaper of general circulation not less than ten days prior to the date of the hearing as provided in Section 65090 of the California Government Code; 2. The City shall mail written notice by first class mail to: a. Each owner of record of real property within the noticing radius per Section 19.12.030 of the exterior boundary of the property for which the application is made as the owner of record is shown in the last tax assessment roll pursuant to Section 65091 of the California Government Code; b. Owner(s) of subject site or his or her authorized agent; 19.12.110 Cupertino -Zoning 30 c. Project applicant(s); d. Local agencies expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the proposed project; e. Any individual or entity that has filed a written request with the City Clerk requesting notification of public hearings; 3. If the number of owners to whom notice would be mailed or delivered pursuant to subsection A2 above is greater than one thousand, in lieu of mailed or delivered notice, the Director may provide published notice as provided in Government Code Section 65091(3). 4. The notice shall contain the following: a. The exact address of the property, if known, or the location of the property, if the exact address is not known; b. The date on which action on the application will be taken; c. A brief description, the content of which shall be in the sole discretion of the City, of the proposed project; d. Reference to the application on file for particulars; e. A statement that any interested person, or agent thereof, may contact the city for additional information and/or plans. Typographical and/or publishing errors shall not invalidate the notice nor any City action related to the notice. B. Notice of Public Hearing for Zoning Text Amendments: 1. For amendments to zoning regulations: Notice of such hearing (publication) shall be given in the manner prescribed in Section 19 .12.110 A(l) of this chapter. 2. For amendments to permitted uses of real property: Notice (mailing or publication) shall be given pursuant to Sections 19 .12.110 A(2) or A(3), as the case may be. C. Notice of Public Meeting: For projects requiring notice of a public meeting, notice shall be mailed in accord with 19.12.110A(2) or A(3), as the case may be, at least ten days prior to the date of the meeting date. D. Notice of Comment Period: For projects requiring notice of a comment period, notice shall be mailed in accord with 19.12.110A(2) and A(S), fourteen calendar days prior to the date of action on the application. 1. For permits issued pursuant to Chapter 19.28, Single Family Residential, the mailed notice shall include a copy of the site plan and elevation plans of the proposed project. 2. For permits issued pursuant to Chapter 14. 18, Protected Trees, the mailed notice shall include a copy of the site plan and tree replacement/mitigation plan. E. The City may also give notice of public hearings/public meetings in any other manner it deems 2017 S-61 necessary or desirable. If the Director of Community Development believes the project may have impacts beyond the range of the mailed notice, particularly on nearby residential areas, the Director, in his or her discretion, may expand noticing beyond the stated requirements in Section 19.12.030. Compliance with the procedures set forth in this section shall constitute a good-faith effort to provide notice, and the failure to provide notice, and the failure of any to receive notice, shall not prevent the City from proceeding with a hearing, meeting or from taking any action nor affect the validity of any action. F. Posted Site Notice: 1. Applicants shall install notice(s) on the subject site that is/are clearly visible from the street in accord with the requirements of Table 19.12.030. a. Applicants must install a public notice in the front yard of the subject site, except that for Single-Story Overlay District Applications, the notice(s) shall be installed in the closest yard at the boundary(ies) of the proposed District. b. For all applications other than Two Story Permits, Residential Design Review and Tree Removal applications in Rl or R2 zones, if the subject site has more than one property line abutting a street, the applicant may be required to install more than one notice. c. The notice shall be a weatherproof sign, at least 2 feet tall and 3 feet wide, firmly attached to a 5 foot tall post. 2. The notice shall be placed at least 14 days prior to the decision/public hearing and shall remain in place until an action has been taken on the application and the appeal period has passed. 3. The notice shall contain the following: a. The exact address of the property, if known, or the location of the property, if the address is not known; b. A brief description of the proposed project, the content of which shall be at the sole discretion of the City; c. City contact information for public inquiries; d. A deadline for the submission of public comments; e. If proposing a physical alteration to an existing building or new buildings, at least one of the following visual representations of the proposed project: i. A color perspective drawing or three-dimensional (3-D) photographic simulation of the proposed project, in a size deemed appropriate by the Director of Community Development. ii. For Two Story Permits and Residential Design Review applications, a color or black and white perspective drawing or three-dimensional (3-D) photographic simulation of the proposed project, at least 11 inches by 17 inches in size. iii. Visual Representation is not required for applications that do not have a material change in the 30A Administration physical appearance of the property. (Ord. 17-2162, § 4, 2017; Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011) 19.12.120 Action by Director of Community Development-Administrative. A. For applications requmng Administrative approval with a public meeting, public hearing or comment period, the Director of Community Development or his or her designee may, subject to the requirements of Section 19.12.100: 1. Issue his or her decision at the conclusion of the public meeting, public hearing or comment period; 2. Continue the item for additional public hearings, public meetings or comment period; or 3. Defer action by taking the item under advisement and issuing the decision no later than thirty days following the public meeting, public hearing or comment period. No additional noticing is required if a project is continued. B. For applications where a public meeting or public hearing is required to be held before the Director of Community Development, the meeting shall be held in the same manner as a Design Review Committee meeting. (Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011) 19.12.130 Action by Design Review Committee and Planning Commission. A. For applications where the Design Review Committee or Planning Commission is the Approval Body, it shall render a decision, which is supported by the evidence contained in the application or presented at the meeting, at the meeting, or at a subsequent meeting after conclusion of the public hearing or public meeting, subject to the requirements of Section 19.12.100. B. For zoning map amendments, on the basis of evidence and testimony presented to the Planning Commission at the public hearing, the Planning Commission may determine that the public interest will be served, either by revising the area being considered for reclassification to include properties not originally part of the application, or by giving consideration to district classifications not originally requested by the application. The Planning Commission may, solely at its option, consider additional properties or district classifications, or both. 2017 S-61 19.12.110 Cupertino -Zoning 30B ~ ...... -.J (/J I °' ...... Uses ' I: 3. ' ' ; 4. i i l 5. 6. : a. b. 7. 8. 9. 10. Table 19.20.020-Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones {Cont.) Zoning Districts A A-1 R-1 RHS RIC Retail sale of wine, fruit or berries produced on the property; CUP-CUP--- - cc cc Single-family dwelling unit with not more than one dwelling unit per p p p p p lot/ defined air space for condominiums; Two-story structures in an area designated for a one-story limitation --CUP--- pursuant to Section 19.28.040(1) of this chapter, provided that the PC Planning Commission determines that the structure will not result in privacy impacts, shadowing, or intrusive noise, odor, or other adverse impacts to the surrounding area; Employee housing: For six or fewer employees in each dwelling unit on each lot p p p p p With no more than 36 beds in group quarters or 12. units/spaces designed p p -CUP-- for use by a single family or household on each lot Admin. An accessory dwelling unit which conforms to the requirements of p p p p - Chapter 19.112; Multiple-family residential dwellings ----- Accessory facilities and uses incidental to pemiitted uses and otherwise conforming with the provisions of Chapter 19.100 of this title; Utility facilities essential to provision of utility services to the --p -- neighborhood but excluding business offices, construction or storage yards, maintenance facilities, or corporation yards; R-2 R-3 -- -- - - p p -- -- -p p CUP- cc ._,, -.J "ti n, .., §. ;::::: n, Q., (j 0 = 8: ...... o· = e:.. § Q., ~ C. t: Q., n, Q., Sr n, r,:, s· > ~ ;:;· t: a .., !::.. § c.. ~ rt> r,:, c.: n, = ..... [ N 0 = ~ ,..... \0 i:-.> 0 ~ 0 ~ ...... Vl Ul :b Uses 11. 12. a. b. 13. 14. a. b. 15. 16. Table 19.20.020-Pennitted, Conditional and Excluded Uses in Agricultural and Residential Zones (Cont.) Zoning Districts A A-1 R-1 RHS RlC Temporary buildings for construction purposes (including trailers) for a ----- period not to exceed the duration of such construction; Home occupations; When accessory to permitted use and otherwise conforming to the p p p p p provisions of Chapter 19.120 of this title; Requiring a Conditional Use Permit pursuant to Chapter 19.120 of this CUP- CUP-CUP-CUP- CUP- title; Admin. Admin. Admin. Admin. Admin. Small-family day care home per dwelling unit; p p p p p Large-family day care home per dwelling unit; Which meets the parking criteria contained in Chapter 19.124, and p p p p p which is at least three hundred feet from any other large-family day care home. The Director of Community Development or his or her designee shall administratively approve large day care homes to ensure compliance with the parking and proximity requirements; Which otherwise does not meet the criteria for a permitted use. The CUP-CUP- CUP-CUP-CUP- conditional use permit shall be processed as provided by CA. Health Admin. Admin. Admin. Admin. Admin. and Safety Code Section 1597.46(3); Residential care facility with six or fewer residents, not including the p p p p p provider, provider family or staff, provided that the facility obtains any license, if required, issued by appropriate State and/or County agencies and/or department; Residential care facility, in each dwelling unit, with seven or greater CUP-CUP-CUP- CUP- CUP- residents, not including the provider, provider family or staff, is a PC PC PC PC PC* minimum distance of five hundred feet from the property boundary of another residential care facility, provided that the facility obtains any license, if required, issued by appropriate State and/or County agencies and/or departments; R-2 - p CUP- Admin. p p CUP- Admin. p CUP- PC R-3 p p CUP- Admin. p CUP- Admin. CUP- Admin. p CUP- PC .... \0 i:-.i 0 s 0 (j i:::: '"O ~ '"I ..... s· 0 ~ E!. i:I ~ l,.) 00 ~ ,_. Vl (/) .b. -.i Table 19.20.020-Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones (Cont.) Zoning Districts Uses A A-1 R-1 RHS RIC 29. Large animals, provided no animals are kept, maintained and raised for commercial purposes, limited as follows: a. Two large animals for the first 40,000 square feet of land area, except mules and donkeys which require 80,000 square feet for the first animal, See #1 See #1 -Pt - b. One additional large animal for each 20,000 square feet of land area, C. One additional large animal if said animal is raised for a 4H project, a project sponsored by a recognized agricultural organization or a school project, 30. The keeping of any animal not otherwise permitted above: #27, 28 and -- -CUP-- 29 Admin. 31. Riding academies, commercial stables, and the boarding of horses; CUP-CUP-- -- cc cc 32. Noncommercial stables, and the keeping of riding horses: a. Limited to three horses on each lot at the any time except that p p --- additional foals may be retained for a period of six months; b. In excess of the number permitted in 32(a) CUP-CUP---- cc cc 33. Cemeteries, crematoriums, mausolea, and columbariums CUP-CUP---- cc cc 34. Mines, quarries and gravel pits; CUP-CUP---- cc cc 35. Guest ranches; CUP-CUP---- cc cc R-2 R-3 - - -- - -- - - - - - ..J>. "ti ('\) '"'f §. ..... ..... ('\) Q.. ("'J 0 = 8: ..... ::;· ::; ~ § Q.. ~ ,., 2' Q.. ('\) Q.. e "' ~ .... = > ~ ;:;· E.. ..... i:: '"'f ~ i:,, ::; Q.. ~ ('\) "' C: § ..... [ N 0 ::; ~ ..... '-0 i:-.J 0 ~ 0 l:5 ..... --i· (/'.l I 0\ ,_. Table 19.20.020-Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones (Cont.) Zoning IDistricts Uses A A~l R-1 RHS RlC R-2 R-3 36. Public and quasi-public buildings and uses. CUP-CUP-- - --- cc cc 37. Hog farms; Ex Ex ----- 38. Cattle farms mainly depending upon feed brought onto the property; Ex Ex - - - - - 39. Slaughterhouses, fertilizer yards, feed yards, boneyards or plants for the Ex Ex - ---- I reduction of animal matter; i 40. Commercial feed sales; Ex Ex - -- -- 41. Other semiagricultural uses mainly depending upon raw materials, Ex Ex ----- semifinished products, or feed brought on to the property; I 42. Other agricultural uses which, in the opinion of the Director of Ex Ex --- - - i Community Development, create a private or public nuisance. Key: P-Permitted Use - -Not Allowed CUP -Admin. -Conditional Use Permit issued by the Director of Community Development CUP-PC-Conditional Use Permit issued by the Planning Commission CUP-CC-Conditional Use Permit issued by the City Council *-May be permitted in locations where the use is compatible with existing and planned uses within the development area in the opinion of the Director of Community Development, t-The required lot area for a large animal shall not be included in the required lot area for a household pet or vice versa, except that a maximum of two household pets may be kept with large animals, All animals must be kept and maintained in accordance with other Cupertino or Santa Clara County codes and ordinances, Ex-Excluded Uses (Ord. 17-2162, § 5, 2017; Ord. 16-2159, § 5, 2016; Ord. 16-2158, § 2, 2016; Ord. 14-2125, § 5 (part), 2014; Ord. 2085, § 2 (part), 2011) ' ""' \0 N 0 ~ 0 (J C: 'C ('t) ~ s· 0 N § ,.... ::i (TQ _p.. N 19.28.010 CHAPTER 19.28: SINGLE-FAMILY RESIDENTIAL (R-1) ZONES Section 19.28.010 19.28.020 19.28.030 19.28.040 19.28.050 19.28.060 19.28.070 19.28.080 19.28.090 19.28.100 19.28.110 19.28.120 19.28.130 19.28.140 Purposes. Applicability of regulations. Permitted, conditional and excluded uses. Permits required for development. Zoning districts established. Site development regulations. Building development regulations. Eichler (Rl-e) building design requirements. Development regulations-(Rl-a). Permitted yard encroachments. Single-family residential design guidelines and principles. Landscape requirements. Exceptions. Findings. 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, air and a reasonable level of privacy to individual residential parcels; C. Ensure a reasonable level of compatibility in scale of structures within residential neighborhoods; and D. Reinforce the predominantly low-intensity setting in the community. (Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011; Ord. 2039, (part), 2009; Ord. 1954, (part), 2005; Ord. 1868, (part), 2001; Ord. 1860, § 1 (part), 2000; Ord. 1834, (part), 1999; Ord. 1601, Exh. A (part), 1992) 19.28.020 Applicability of Regulations. A. 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. 2017 S-61 47 B. Reasonable Accommodation: Notwithstanding 19.28.020(A) above, a request for reasonable accommodation may be made by any person with a disability, when the strict application of the provisions in this chapter, act as a barrier to fair housing opportunities, pursuant to Chapter 19.52. (Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011; Ord. 2039, (part), 2009; Ord. 1954, (part), 2005; Ord. 1860, § 1 (part), 2000; Ord. 1834, (part), 1999; Ord. 1601, Exh. A (part), 1992) 19.28.030 Permitted, Conditional and Excluded Uses. Permitted, Conditional and Excluded Uses that may be conducted from property zoned Single Family Residential (R-1), are identified in Section 19.20.020. (Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011) 19.28.040 Permits Required for Development. Table 19.28.040 sets forth the planning permits required for development in the Single-Family Residential district. [Table 19.28.040 begins on next page.] N 0 I-' -.J (/) I 0\ Planning permit required prior Approval to building permit application authority A. None Admin. B. Minor Residential Permit, pursuantto Chapter 19 .12, Administration C. Director's Minor Modification, pursuant to Chapter 19.12, Administration D. Two-Story Permit, pursuant to Chapter 19 .12, Administration Table 19.28.040 Permits Required Type of Project l One-story project that does not require exception or variance from the requirements of this chapter 1. One-story encroachment into a required rear yard setback, subject to requirements of Section 19.28.070 2. One-story extension of an existing side yard nonconforming building wall line, subject to requirements of Section 19.28.100 in all districts except RI-a 3. One-story project with a gable end of a roof enclosing an attic space projecting outside the building envelope, subject to requirements of Section 19.28.070 or 19.28.080 4. New or expanded second story deck or balcony with views into neighboring residential side or rear yards in all districts except Rl-a 5. Any active or passive solar structure that requires variation from the setback or height restrictions of this chapter, provided that no such structure shall infringe upon solar easements or adjoining property owners 6. One or two-story addition or new home on a sloped single-family residential lot with development on building pads/ graded areas with actual slopes equal to or greater than 20% and with total floor area ratio of all structures on the lot greater than 35% Encroachment of porch elements into the required front yard setback in the RI-a zone, subject to the requirements of Section 19.28.100 Two-story addition or new two-story home in all districts that do not require Residential Design Review per Section 19.28.040(E) except in an Rl-a zone I-' ::,0 N ?O ~ 0 (") c:: "C ~ ..... s· 0 N e. t:j IJQ ~ 00 t5 ---..) C/.l I O'\ Table 19.28.040 Permits Required (Cont.) E. Residential Design Review, Admin. Two-story addition or new two-story home in all districts except Rl-a where: pursuant to Chapter 19 .12, with l. Second floor to first floor area ratio is greater than 66 % , except any second to first Administration design floor ratio for development on building pads/ graded areas with actual slopes equal to or review greater than 20%; and/or 2. Where second story side yard setback(s) are less than 15 feet to any interior side property line DRC with Two-story addition, new two-story home, and/or second story deck in the Rl-a zone design review F. Exception, pursuant to Chapter DRC One or two-story project requesting an exception from Sections 19.28.070 [Development 19 .12, Administration & Regulations (Building)], 19.28.080 [Eichler Rl-e Building Design Requirements], and/or Section 19.28.130, Exceptions 19. 28 .110 [Landscape Requirements] . G. Hillside Exception, pursuant to PC Development (area greater than 500 square feet) on slopes greater than 30% Chapter 19.12, Administration H. Architectural and Site One or two-story addition or new home on a sloped single-family residential lot with Approval, pursuant to Chapter development on building pads/graded areas with actual slopes equal to or greater than 20% 19.12, Administration and where the cut plus fill of the site exceeds 2,500 cubic yards I. Conditional Use Permit, Two-story addition or new two-story home in an Rl zoning district with an "i" suffix pursuant to Chapter 19.12, Administration J. Single-Story Overlay District cc Establishment or removal of a Single-Story Overlay District in a Single Family Residential Application, pursuant to District (Addition or removal of the "I" suffix in an Rl zoning district) Chapter 19.12, Administration (Ord. 17-2162, § 6, 2017; Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011) +'" \0 rr.i s· ~ C'D r q ~ C'D er, 0.: C'D :::, 0: a ~ I .!::'; N 0 = C'D er, ""' \0 N 00 0 .i:,.. 0 19.28.050 Cupertino -Zoning 50 19.28.050 Zoning Districts Established. A. Table 19.28.050 sets forth the zoning districts established. Zoning Designation Zoning Definition Rl-X Single Family Residential District -Minimum lot area corresponds to the number (X), multiplied by 1,000 square feet Rl-Xi Residential Single Family Single-Story Overlay District to limit homes to One Story (not to exceed 18 feet high) - [minimum lot area corresponds to the number (X), multiplied by 1,000 square feet preceding the 'i' symbol]. Maybe combined with all Rl zoning designations. Rl-6e Single Family Residential Eichler District (6,000 minimum lot area) Rl-a Single Family Residential District with Semi-Rural Characteristics (10,000 square foot minimum lot area) B. Establishment or Removal of an existing Single-Story Overlay District (Rl-Xi): In addition to the application requirements identified in Section 19. 12. 080, the applicant shall submit the following: 1. Map delineating proposed boundaries for the Single-Story Overlay District, or removal thereof, corresponding to natural or man-made features (including, but not limited to, streets, waterways, zoning boundaries and similar features,) which would result in the establishment of an identifiable neighborhood, that includes one (1) or more entire city block(s), or one (1) or more entire subdivision tract(s), or street face(s) opposite of one another within a block; 2. Evidence, to the satisfaction of the City, for an establishment of a Single-Story Overlay, that a minimum of seventy-five (75) percent of the homes within the proposed Single-Story Overlay District are single-story; 3 . A written statement setting forth the reasons for the application and all facts relied upon by the applicant in support thereof; 4. Original application petition signed, at a minimum, by sixty-six and two-thirds (66-2/3) percent of the 2017 S-61 property owners of record within the proposed or existing Single-Story Overlay District ( each developable lot of record shall have one (1) signature). The petition shall contain information about the proposal including, but not be limited to, the following: a. Map pursuant to Section 19.28.050(B)(l); b. Property Addresses; c. Property Owner Name(s) and Original Signature(s); d. Applicant Contact Information. (Ord. 17-2162, § 7, 2017; Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011) 19.28.060 Site Development Regulations. Table 19. 28. 060 sets forth the rules and regulations for site development in the Single-Family Residential District. [Table 19.28.060 begins on next page.] N 0 ,_. .i:,. en t Table 19.28.060 Site Development Regulations Rl-5 Rl-6, 7.5, 8, 10, 20, etc., and Rl-6e Rl-a ;A. Minimum net lot area 1 5,000 square feet the number multiplied by 1,000 square 10,000 square feet feet I 60 feet /B. Minimum lot width (at the front 50 feet 75 feet I setback line) i I le. Landscaping See Chapter 14.15, Landscape Ordinance Landscaping plans are required for I all additions or new homes. The purpose of the landscaping is to beautify the property and to achieve partial screening of building forms from the street and adjacent properties. Generally, the landscaping may include shrubbery, hedges, trees, or lattice with vines on fences. ·D. Development proposed on building pads/graded area-with slopes equal to or greater than 20% 1. Total site grading (cut plus 2,500 cubic yards maximum. Projects that exceed the maximum quantity shall require Architectural and Site fill)2,3 Approval per Section 19.28.040(H). 2. Fences See Chapter 19.48, Fence Ordinance E. Development (structures, Limited to 500 square feet. Development greater than 500 square feet shall be subject to a Hillside. Exception by the improvements, or grading) on Planning Commission in accordance with section 19. 40. 080 of the RHS Ordinance. actual slopes ~ 30 % VI ,_. r:ri s· ITS. (D r. q ::0 ~ c.: g ::1: a,.. ~ c N 0 i:l (D "' 1--' \Cl N 00 ~ 0 t5 >--' --..l Cl'.l I 0\ ,.... Table 19.28.060 Site Development Regulations (Cont.) Notes: Lots, which contain less area than required by its zoning designation, but not less than 5,000 square feet, may nevertheless be used as building sites, provided that all other applicable requirements of this title are fulfilled. 2 Maximum grading quantity includes grading for the 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 are 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. 3 All cut and fill areas shall be rounded to follow the natural contours and planted with landscaping that meets the following requirements: i. A landscape plan shall be prepared that addresses measures to prevent soil erosion and tQ screen cut and fill slopes. ii. A tree planting plan shall be prepared for the site which will screen grading areas, and residential structures, to the greatest possible extent, as well as to reintroduce trees on barren slopes which were denuded by prior agricultural activities. iii. Landscape improvements shall meet the requirements as established in the Landscape Ordinance, Chapter 14.15. iv. Landscape improvements shall be installed prior to final occupancy unless such installation is impracticable, in which case, the applicant shall post a bond, cash, or other security to ensure installation within an 18-month.period from occupancy. All such landscape areas shall be properly maintained. (Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011) ,.... \0 i:-,; 00 0 Q-\ 0 n i:: '"O ~ g- o N 8. ~ IJC Vl N N 0 ...... -..J (/) ' 0\ Table 19.28.070 Building Development Regulations (Cont.) 4. Entry feature height 14 feet from natural grade to top of plate K. Solar Design The setback and height restrictions provided in this chapter may be varied for a structure utilized for passive or active solar purposes, provided that no such structure shall infringe upon solar easements or adjoining property owners. Variation from the setback or height restrictions of this chapter may be allowed only upon issuance of a Minor Residential Permit subject to Chapter 19.12. Note: ,1 Pertains to all buildings in a designated area limited to one story in height (not exceeding 18 feet) as prescribed by the City Council by affixing the I designation "i" to the zoning district symbol. ' i I i (<prd. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011) V, -..J r:ri s· 11,9.. ro >zj §. '< ::0 ro Cl'.l c.: ro t::l ..... [ ~ .... '-' N 0 t::l ro Cl'.l .... \C i-, 00 0 -..J 0 19.28.080 Cupertino -Zoning 58 19.28.080 Eichler (Rl-e) Building Design Requirements. Rl-e single-family residential "Eichler districts" protect a consistent architectural form through the establishment of district site development regulations. Nothing in these regulations is intended to preclude a harmonious two-story home or second story addition. The following building design requirements shall be met for development in the Rl-e district: A. Entry features facing the street shall be integrated with the roofline of the house. B. The maximum roof slope is 3: 12 (rise over run). C. Wood or other siding material located on walls facing a public street (not including the garage door) shall incorporate vertical grooves, up to 6 inches apart. D. The building design shall incorporate straight architectural lines, rather than curved lines. E. The first floor shall be no more than 12 inches above the existing grade. 2017 S-61 F. Exterior walls located adjacent to side yards shall not exceed 9 feet in height measured from the top of the floor to the top of the wall plate. (Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011) 19.28.090 Development Regulations-(Rl-a). Rl-a districts are intended to reinforce the semi-rural setting in neighborhoods with large lots. Variation from the Rl-a regulations shall require a Variance pursuant to Chapter 19.156 of the Cupertino Municipal Code in the Rl-a district. Table 19. 28. 090 sets forth the rules and regulations for building development in the Rl-a district. [Table 19.28.090 begins on next page.] ~ ---..1 (/) ' 0\ ...... Table 19.28.090 Development Regulations-(Rl-a) (Cont'd) 2. First floor building envelope a. The maximum exterior wall height and building height on single-story structures and single-story sections of two-story structures must fit into the building envelope defined by: i. A 12 foot high vertical line from natural grade and located 10 feet from property lines; and i ii. A 25 degree roof line angle projected inward at the 12 foot high line referenced above : 3. Entry feature height See Single-Family Residential Design Guidelines, Section 19.28.110(A)(6) ! K. Minimum setbacks for second story decks, patios, balconies, or any other similarly unenclosed features. Second story decks may only be located on the front and rear of the house. All new or expanded second story decks with views into neighboring residential side or rear yards shall file for a Minor Residential Permit in accordance with Chapter 19 .12, in order to protect the privacy of adjoining properties. The goal of this permit requirement is not to require complete· visual protection but to address privacy protection to the greatest extent while still allowing the construction and use of an outdoor deck. l _ Front of house a. Minimum setback to front property 30 feet : line ' b. Minimum setback to side property 35 feet combined (no side yard setback shall be less than 15 feet) line 2. Rear of house a. Minimum setback to rear property 40 feet line b. Minimum setback to side property 35 feet combined (no side yard setback shall be less than 15 feet) line L. Solar Design Refer to Section 19.28.070(K) (Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011) 0\ t;/) s· llS, ('\) t q :::0 ('\) "' ..... Q.. ~ ..... [ ~ I c N 0 = ('\) "' ...... I.O N 00 f5 0 19.28.100 Cupertino -Zoning 62 19.28.100 Permitted Yard Encroachments. Table 19.28.100 sets forth the rules and regulations for permitted yard encroachments in the Single-Family Residential district. Table 19.28.100 Permitted Yard Encroachments A. Extension of a legal non-1. Where a building legally constructed according to existing yard and setback conforming wall line regulations at the time of construction, encroaches upon present required yards and setbacks, one encroaching side yard setback may be extended along its existing building lines if the addition receives a Minor Residential Permit 1 and conforms to the following: a. The extension or addition may not further encroach into any required setback and the height of the existing non-conforming wall and the I extended wall may not be increased. b. The maximum length of the extension is 15 feet. 1 c. The extension of any wall plane of a first-story addition is not permitted to be within 3 feet of any property line. d. Only one such extension is permitted for the life of such building. 2. 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 or exception, either before or after such property becomes part of the City. 3. This section does not apply to attached accessory structures such as attached carports.2 B. Architectural Features 1. May extend into a required yard a distance not exceeding 3 feet. (not including patio 2. No architectural feature, or combination thereof, whether a portion of a covers) principal or accessory structure, may extend closer than 3 feet to any property line. C. Porch post in the Rl-a Posts for porches are allowed to encroach 2 feet into the required front setback. See zone Section 19.28.040 for permit requirements. D. Low, open fencing for Allowed to encroach 2 feet into the required front setback area. See Section porches in the Rl-a zone 19. 28. 040 for permit requirements. E. Porch platform and roof May encroach 5 feet into the required front setback. See Section 19.28.040 for overhang in the Rl-a zone permit requirements. F. Accessory Structures As allowed by Chapter 19.100, Accessory Structures (including attached patio covers) Notes: 1 Does not apply in the Rl-a zone 2 Only applies to properties in the Rl-a zone (Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011) 2017 S-61 63 Single-Family Residential (R-1) Zones 19.28.110 19.28.110 Single-Family Residential Design Guidelines and Principles. Any new single-family residential house or addition to an existing house shall be generally consistent with the adopted single-family residential guidelines in Sections 19.28.llO(A) and (B). A. Single-Family Residential Design Guidelines for all projects.1• 2 1. There should not be a three-car wide driveway curb cut. 2. No more than fifty percent of the front elevation of a house should consist of garage area. a. In the Rl-a zone, the maximum width of a garage on the front elevation should be twenty-five feet, which will accommodate a two-car garage. Additional garage spaces should be provided through the use of a tandem garage or a detached accessory structure at the rear of the property. 2 3. Living area should be closer to the street, while garages should be set back more. 4. All roofs should have at least a one-foot overhang. 5. Porches are encouraged. a. In the Rl-a zone, the following porch design guidelines apply 2 : i. When viewed from the street, a porch should appear proportionately greater in width than in height. A porch differs from an entry element, which has a proportionately greater height than its width. ii. Structural supports should be designed such that the appearance is not obtrusive or massive. 111. The use of large columns or pillars is discouraged. iv. The eave height for a front porch should not be significantly taller than the eave height of typical single-story elements in the neighborhood. v. Porch elements should have detailing that emphasizes the base and caps for posts and fence elements. 6. In Rl-6e and Rl-a zones, entry features should not be higher than fourteen feet from natural grade to plate. 2 B. Two-Story Design Guidelines.1• 2 1. The mass and bulk of the design should be reasonably compatible with the predominant neighborhood pattern. New construction should not be disproportionately larger than, or out of scale with, the neighborhood pattern in terms of building forms, roof pitches, eave heights, ridge heights, and entry feature heights. 2. The design should use vaulted ceilings rather than high exterior walls to achieve higher volume interior spaces. 3. Long, unarticulated, exposed second story walls should be avoided since it can increase the apparent mass of the second story, a. In the Rl-a zone, all second story wall heights greater than six feet, as measured from the second story finished floor, should have building wall offsets at least 2017 S-61 every twenty-four feet, with a minimum four foot depth and ten foot width. The offsets should comprise the full height of the wall plane. 2 4. The current pattern of side setback and garage orientation in the neighborhood should be maintained. 5. When possible, doors, windows and architectural elements should be aligned with one another vertically and horizontally and symmetrical in number, size and placement. 6. In the Rl-a zone, windows on the side elevations should2 : a. Be fixed and obscured to a height of five feet above the second floor; b. Have permanent exterior louvers to a height of five feet above the second floor; or c. Have sill heights of five feet or greater to mitigate intrusion into a neighbor's privacy. C. Residential Design Review Principles. Two-story homes subject to design review per Section 19.28.040(E) ( except in R 1-a zones) shall meet the residential design review principles below. The City of Cupertino Two-Story Design Principles are attached hereto as Appendix A and are incorporated herein by this reference. 1. An identifiable architectural style shall be provided; 2. Design features, proportions and details shall be consistent with the architectural style selected; 3. Visual relief deemed to be appropriate by the Director of Community Development shall be provided; 4. Materials shall be of high quality; 5. Ensure building mass and scale; 6. Design with architectural integrity on all sides of the structure; and 7. The design shall reflect symmetry, proportion and balance. Notes: Refer to the Eichler Design Handbook-Fairgrove Neighborhood for additional design guidelines in the Rl-6e zone. Nonconformance with the design guidelines in the RI-a zone shall be considered acceptable only if the applicant shows that there are no adverse impacts from the proposed project. (Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011) 19.28.120 Landscape Requirements. To mitigate privacy impacts and the visual mass and bulk of new two-story homes and additions, tree and/or shrub planting is required. The intent of this section is to provide substantial screening within three years of planting. A. Applicability. These requirements shall apply to new two-story homes, second-story decks, two-story additions, modifications to the existing second-story decks 19.28.120 Cupertino -Zoning 64 and/or new windows on existing two-story homes that increase privacy impacts on neighboring residents. I. These requirements shall not apply to: a. Skylights; b. Windows with sills more than five feet above the finished second floor; c. Obscured, non-openable windows; d. Windows with permanent exterior louvers to a height of five feet above the second floor; e. Non-operable windows with obscure glass to a height of five feet above the second floor; and f. When waivers have been obtained by all affected property owners. B. Planting Plan. Proposals for a new two-story homes, second-story decks, two-story additions, modifications to the existing second-story decks, and/or new windows on existing two-story homes shall be accompanied by a planting plan which identifies the location, species and canopy diameter of existing and proposed trees or shrubs to meet the requirements in Section 19.28.120(C) below. C. Planting Requirements. 1. Front yard tree planting. a. The tree shall be twenty-four-inch box or larger, with a minimum height of six feet. b. The tree shall be planted in front of new second stories in the front yard setback area. i. In the R 1-a zone, the tree shall be placed to where views from second story windows across the street are partially mitigated. c. The Director of Community Development may waive the front yard tree based on a report from an internationally-certified arborist citing conflict with existing mature tree canopies onsite or in the public right-of-way. 2. Privacy planting. a. New trees and/or shrubs are required on the applicant's property in an area bounded by a thirty-degree angle on each side window jamb. i. The following is required for all side and rear yard-facing second story windows in the Rl-6e zone: • Cover windows with exterior louvers to a height of five feet above the second floor; or • Obscure glass to a height of five feet above the second floor; or • Have a window sill height of five feet minimum above the finished second floor. b. The Planning Division shall maintain a list of allowed privacy planting trees and shrubs. The list includes allowed plant species, minimum size of trees and shrubs, expected canopy or spread size, and planting distance between trees. i. In the Rl-a zone, the minimum height of privacy trees at the time of planting shall be twelve feet. ii. In the Rl-a zone, privacy planting shall have a minimum setback from the property line equivalent to one-quarter of the spread noted on the City list. 2017 S-61 c. The trees and/or shrubs shall be planted prior to issuance of a final occupancy permit. 3. Waivers. a. New trees and/or shrubs are not required to replace existing front or privacy trees or shrubs if an Internationally Certified Arborist or Licensed Landscape Architect verifies that the existing trees/shrubs have the characteristics of privacy planting species, subject to approval by the Director or Community Development. b. Affected property owner(s) may choose to allow privacy planting on their own property. In such cases, the applicant must plant the privacy screening prior to issuance of a building permit. c. The privacy mitigation measures may be modified in any way with a signed waiver statement from the affected property owner. Modifications can include changes to the number of shrubs or trees, their species or location. 4. Covenant. The property owner shall record a covenant with the Santa Clara County Recorder's Office that requires the retention of all privacy planting, or use of existing vegetation as privacy planting, and required front yard trees, prior to receiving a final building inspection from the Building Division. This regulation does not apply to situations described in subsection (C)(3)(b) of this section. 5. 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. 6. Replacement. Where required planting is removed or dies it must be replaced within thirty days with privacy tree(s) of similar size as the tree(s) being replaced, unless it is determined to be infeasible by the Director of Community Development. (Ord. 16-2149, § 6, 2016; Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011) 19.28.130 Exceptions. Where results inconsistent with the purpose and intent of this chapter result from the strict application of the provisions hereof, exceptions to Sections 19.28.070, 19.28.080, and 19.28.110 may be granted by the Design Review Committee. The specific procedural requirements shall follow Chapter 19.12. (Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011) 19.28.140 Findings. Sections 19.28. 140(A), (B), (C), (D), and (E) set forth the findings required for a Minor Residential Permit, Two-Story Permit, Residential Design Review, and R-1 Exception approval. A. Minor Residential Permit Findings. 1. The project is consistent with the Cupertino General Plan, any applicable specific plans, zoning ordinances and the purposes of this title. 65 Single-Family Residential (R-1) Zones 19.28.140 2. The granting of the 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. 3. The proposed project is harmonious in scale and design with the general neighborhood. 4. Adverse visual impacts on adjoining properties have been reasonably mitigated. B. Two-Story Permit Findings. 1. The project is consistent with the Cupertino General Plan, any applicable specific plans, zoning ordinance and the purposes of this title. 2. The granting of the 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. 3. The proposed project is harmonious in scale and design with the general neighborhood. 4. Adverse visual impacts on adjoining properties have been reasonably mitigated. C. Residential Design Review Findings. 1. The project is consistent with the Cupertino General Plan, any applicable specific plans, zoning ordinance and the purposes of this title. 2. The granting of the 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. 3. The project is harmonious in scale and design with the general neighborhood. 4. The project is consistent with the two-story design principles and generally consistent with the single-family residential design guidelines. 5. Adverse visual impacts on adjoining properties have been reasonably mitigated. D. Residential Design Review Findings, Rl-a zone. 1. The project is consistent with the Cupertino General Plan and Title 19 of the Cupertino Municipal Code. 2. The granting of this permit will not result in detrimental or injurious conditions to the property or improvements in the vicinity, or to the public health, safety, or welfare. 3. The project is generally compatible with the established pattern of building forms, building materials, and designs of homes in the neighborhood. 4. The project is generally compatible with the City's single-family residential design guidelines and the guidelines in this chapter and any inconsistencies have been found to not result in impacts on neighbors. 5. Significant adverse visual and privacy impacts as viewed from adjoining properties have been mitigated to the maximum extent possible. 2017 S-61 E. R-1 Exception Findings. 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 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. (Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011) Cupertino -Zoning 66 2012 S-31 45 Ord. No. 16-2157 16-2158 16-2159 16-2160 17-2161 17-2162 17-2163 2017 S-61 Comprehensive Ordinance List Amends§ 19.08.030 regarding definitions, (19.08) Amends Ch. 8.07 and Table 19.20.020 regarding beekeeping (8.07, 19.20) Amends§§ 19.08.030, Table 19.20.020, 19.24.040, 19.52.020, and Ch. 19.112 regarding accessory dwelling units (19.20, 19.24, 19.52 and 19.112) An interim urgency ordinance establishing a temporary moratorium on non-medical marijuana dispensaries, marijuana cultivation and cultivation facilities, commercial cannabis activities and marijuana transport and deliveries pending completion of an update to the zoning code (Not Codified) Amends §§ 11.08.160 and 11.08.180 regarding restrictions on bicycles (11.08) Amends Table 19.12.030, §§ 19.12.080, 19.12.090, 19.12.110, Tables 19.20.020, 19.28.040, and § 19.28.050 regarding zoning administration, permitted and conditional uses, and single story overlay district process (19.12, 19.20, 19.28) Amends 11.27.145 regarding preferential parking zones (11.27) Cupertino -Comprehensive Ordinance List 46 /