PC Reso 6963Attachment A – Page 1
RESOLUTION NO. 6963
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CUPERTINO RECOMMENDING THAT THE CITY COUNCIL
ADOPT AN ORDINANCE ADDING OR AMENDING CUPERTINO
MUNICIPAL CODE SECTIONS 18.20.170, 19.08.030, 19.12.030, 19.12.110,
19.28.040, 19.28.050, 19.28.110, 19.28.150, 19.28.170, 19.40.050, 19.40.060,
19.40.090, AND 19.112.060 TO ADOPT STANDARDS FOR
MINISTERIAL APPROVAL OF DUPLEXES AND LOT SPLITS IN
SINGLE-FAMILY RESIDENCE DISTRICTS
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The Planning Commission recommends that the City Council:
1. Determine that the adoption of standards for ministerial approval of duplexes and
lot splits in single-family residence districts is not a project under the California
Environmental Quality Act, Public Resources Code Section 21000 et. seq., and the
State CEQA Guidelines, California Code of Regulations Section 15000 et. seq.,
(collectively, “CEQA”) because, pursuant to Government Code § 65852.21(j) and §
66411.7(n), the adoption of an ordinance by a city or county implementing the
provisions of Government Code §§ 65852.21 and 66411.7 regulating Urban Lot
Splits and two-unit projects is exempt from the requirements of CEQA.
2. Adopt the proposed amendments to the Municipal Code as indicated in Exhibit A,
with the following modifications:
a. Balconies shall not be allowed, in perpetuity, on any units developed
pursuant to the provisions of Senate Bill 9; and
b. Change in grade elevation from natural grade shall be limited to 12 inches,
regardless of existing lot slope.
3. The Commission affirmed the staff’s recommendation as it relates to lot
configuration after subdivision to not allow basements with units developed under
Senate Bill 9, and not allow Accessory Dwelling units on lots subdivided and
developed with units pursuant to the provisions of Senate Bill 9.
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City
of Cupertino this 11th day of October 2022, by the following roll call vote:
Standard Environmental Protection Requirements - Page 2
AYES: COMMISSIONERS: Scharf, Madhdhipatla, Kapil, Saxena
NOES: COMMISSIONERS: Wang
ABSTAIN: COMMISSIONERS: None
ABSENT: COMISSIONERS: None
ATTEST: APPROVED:
_____________________________ ______________________________
Piu Ghosh Steven Scharf
Planning Manager Chair, Planning Commission