PC 2023-17RESOLUTION N0. 2023-17
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CUPERTINO RECOMMENDING THAT THE CITY COUNCIL ADOPT
AN ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 19.12,
CHAPTER 19.28 AND CHAPTER 19.112 REGARDING TWO-STORY
PERMIT AND ACCESSORY DWE[LING UNIT (ADU) LAWS
The Planning Commission recommends that the City Council:
1. Determine that Project is exempt under the requirements of the California Quality
Act of 1970, together with related State CEQA Guidelines (collectively, "CEQA")
because it has no potential for resulting in physical change in the environment, either
directly or ultimately. In the event that this Ordinance is found to be a project under
CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section
15061(b)(3) because it can be seen with certainty to have no possibility of a significant
effect on the environment. CEQA applies only to projects which have the potential
of causing a significant effect on the environment. 'l/Vhere it can be seen with certainty
that there is no possibility that the activity in question may have a significant effect
on the environment, the activity is not subject to CEQA. In this circumstance, the
amendments to the City Code would have no or only a de minimis impact on the
environment. The foregoing determination is made by the City Council in its
independent judgment. The proposed ordinance is further exempt from the
California Environmental Quality Act ("CEQA") under Public Resources Code
section 21080.17, which provides a statutory CEQA exemption to ADU ordinances
adopted to implement Government Code Sec. 65852.2.
2. Adopt the proposed amendments to the Municipal Code as indicated in Exhibit A,
with the following modifications:
@ Modify 19.28.110(A)(5) to read:
Mechanical, heating or cooling equipment or associated piping installed on the
ro f hall be screened from the ublic ri ht of wa
* Tables 19.112.030A, 19.112.030B, and 19.112.040 - Remove major transit stop and
transit corridor thresholds for height and second story allowances.
* Modify Table 19.112.040 Row A to read:
A maximum
the
setback:
three AD
der '
r lot in
r lot cc
foll
aan
o m than a ADU
o No more than one conversion of existing space ADU (whether in
principal dwelling unit or existing accessory structure),
o N mo one d ed ADU r
o No more than one Junior ADU
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of
Cupertino this 14' day of November, 2023, by the following roll call vote:
AYES:
NOES:
ABST AIN:
ABSENT:
COMMISSIONERS: Lindskog, Fung, Scharf, Madhdhipatla, Mistry
COMMISSIONERS: None
COMMISSIONERS: None
COMMISSIONERS: None
ATTEST:
Piu Ghosh
Planning Manager
APPROVED:
Steven Scharf
Chair, Planning Cornrnission
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO TO
AMEND MUNICIPAL CODE CHAPTER 19.12, CHAPTER 19.28 AND CHAPTER
19.112 REGARDING TWO-STORY PERMIT AND ACCESSORY DWELLING UNIT
(ADU) I,AWS
The City Council of the City of Cupertino finds that:
1. An assessment of the City's development review processes and requirements revealed
that out of the 768 Planning permit applications that have been received since November
of 2021, the City has taken in 98 Two-Story Permit applications, the most of any codified
permitting process. To improve efficiency, staff proposes to eliminate the discretionary
Two-Story Permit requirement, with the intended result to streamline the permitting
process and save residents time and money when upgrading their homes.
2. State Law changes have rendered the City's Accessory Dwelling Unit ordinance (CMC
19.112) obsolete and unenforceable.
3. The City Council of the City of Cupertino held a duly noticed public hearing on
December 5, 2023L and after considering all testimony and written materials provided
in connection with that hearing introduced this ordinance and waived the reading
thereof,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES
ORDAIN AS FOLLOWS:
SECTION 1. .
The Cupertino Municipal Code is further amended as set forth in Attachment A.
SECTION 2: Severability and Continuity.
The City Council declares that each section, sub-section, paragraph, sub-paragraph,
sentence, clause and phrase of this ordinance is severable and independent of every other
section, sub-section, paragraph, sub-paragraph, sentence, dause and phrase of this
ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or
phrase of this ordinance is held invalid, or its application to any person or circumstance,
be determined by a court of competent jurisdiction to be unlawful, unenforceable or
otherwise void, the City Council declares that it would have adopted the remaining
provisions of this ordinance irrespective of such portion, and further declares its express
intent that the remaining portions of this ordinance should remain in effect after the
invalid portion has been eliminated. To the extent the provisions of this Ordinance are
substantially the same as previous provisions of the Cupertino Municipal Code, these
provisions shall be construed as continuations of those provisions and not as an
amendment to or readoption of the earlier provisions.
SECTION 3: California Environmental 0uality Act.
Determine that Project is exempt under the requirements of the California Environmental
Quality Act (CEQA) of 1970, and CEQA Guidelines (collectively, "CEQA") subject to the
CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen
with certainty to have no possibility of a significant effect on the environment. CEQA
applies only to projects which have the potential of causing a significant effect on the
environment. 'l/Vhere it can be seen with certainty that there is no possibility that the activity
in question may have a significant effect on the environment, the activity is not subject to
CEQA. In this circumstance, the amendments to the City Code would have no or only a de
minimis impact on the environment. The foregoing determination is made by the City
Council in its independent judgment. The proposed ordinance is further exempt from the
California Environmental Quality Act ("CEQA") under Public Resources Code section
21080.17, which provides a statutory CEQA exemption to ADU ordinances adopted to
implement Government Code Sec. 65852.2.
SECTION 4: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by Government
Code Section 36937.
SECTION 5: Publication.
The City Clerk shall give notice of adoption of this Ordinance as required by law.
Pursuant to Government Code Section 36933, a summary of this Ordinance may be
prepared by the City Clerk and published in lieu of publication of the entire text. The
City Clerk shall post in the office of the City Clerk a certified copy of the full text of the
Ordinance listing the names of the City Council members voting for and against the
ordinance.
INTRODUCED at a regular meeting of the Cupertino City Council on
December 5, 2023 and ENACTED at a regular meeting of the Cupertino City Council
on December 19, 2023 by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN
SIGNED:
Hung Wei, Mayor
City of Cupertino
Date
A'ITEST:
Kirsten Squarcia, City Clerk Date
APPROVED AS TO FORM:
Christopher D. Jensen, City Attorney Date
Ordinance No.
Page 6
ATT ACHMENT A - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO TO AMEND MUNICIPAL CODE CHAPTER 19.12, CHAPTER 19.28
AND CHAPTER 19.112 REGARDING TWO-STORY PERMIT AND ACCESSORY
DWELLING UNIT (ADU) LAWS
The sections of the Cupertino Mwicipal Code set forth below are amended or adopted as follows:
Text added to existing provisions is shown in bold double-underlined text (d and text to be
deleted in shown in strikethrough (4). Text in existing provisions is not amended or
readopted by this Ordinance. Text irx italics is explanatory and is not an amendment to the Code.
W7zere the explanatory text indicates that a nevo section is being added to the City Code, the new
section is shown in plain text.
1. Amendments to Title 19 concerning the Two-Story Pemit
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.
Attachment A- Page 6
Tabls 19.12.030 -Approval Authority
Type of Permit or Decision A, B
Administrative
Review
Arts and
Culture
Commission
Planning
Commission City Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing/ Noticing
Radius D
Posted
Site
Notice
Expirati
on
Date E
Chapter/ Findings
General Plan Amendment
Major F R F PH CA. Govt. Code
65350-
65362
Yes CA. Govt. Code
65350-
65362Minor G R F PH Yes
Zoning Map Amendments
Major F R F PH CA. Gon. Code
65853-
65857
Yes 19.152.020
Minor G R F PH Yes
Zoning Text Amendments R F PH
CA. Govt. Code
65853-
65857
19.152.030
Specific Plans R F PH
CA. Govt. Code
65350-
65362
20.04.030
Development Agreements R F PH CA. Govt. Code
65867 Yes 19.144.120
Development Permits
Major F, H F/R Al/F PM
19.12.110/300'
Yes 2 years
19.156.050
Minor G F A1 A2 PM Yes 2 years
Conditional Use Permits
MajorF, H,I F AUF/R Al/A2/F PH CA. Govt. Code
65905
Yes 2 years
19.156.050
Minor G, I F Al/F/R A1/42/F PH Yes 2 years
Temporary F Al A2 None No 1 year None/ 19.160.030
Density Bonus (Residential)R F
Based on
concurrent
application
19.56
Adult-Oiiented Commercial Activity (CUP)R F PH CA. Gon. Code
65905/300'Yes II 2 years II 1:,,!8034&
Architectural and Site Approval
Major J F Al A2 PM
19.12.110/
Yes 2 years
19.168.030
Minor K F Al A2 PM Yes 2 years
Amendment
Major F, H -I I I -I Al II Vaiies L I I Yes 2 years I ig.m,i
Attachment A - Page 4
Ordinance No.
Page 5
Tabla 19.12.030 -Approval Authority
Type of Permit or Decision A, B
Administrative
Review
Arts and
Culture
Commission
Planning
Commission City Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing/ Noticing
Radius D
Posted
Site
Notice
Expirati
on
Date E
Chapter/ Findings
Minor G F Ai A2 Varies L Depends on pemiit
being amended L Yes 2 years
19.144,
19.156,
19.164
Minor Modification F Al A2 None No 2 years 19.164
Hillside Exception/ Height Exception/ Heart
of the City Exception I F Al PH 19.12.11 0/300'Yes 2 years
19.40.080,
19.24.070,
19.136.090
Vaiiance F Al 42 PH
CA. Govt. Code
65905 Yes 2 years 19.15E).060
Status of non- conforming Llse F A1 PH 19.12.11 0/300'Yes 19.140.110
Wireless Antennas I F F/ Al A2 Varies I
Depends on
application type Yes 2 years 19.136.090
Signs
Permits F Al 42 None No 1 year 19.104
Neon, Reader board & Freeway Oriented
Signs I F F/Al 41/42 PM 19.12.11 0/300'No 1 year 19.104
Programs F A1 A2 None No 1 year
19.104
Exceptions I F Al PM 19.12.110/
Adjacent
Yes 1 year 19.104.290
Parking Exceptions I FM F/Al
Al
/A2 Varies M
19.12.110/
Adjacent/ 300' N Yes 1 year 19.124.050
Fence Exceptions
F Al A2 L PM 19.12.110/
Adjacent
Yes 1 year 19.48.060
FrontYard Interpretation F A1 A2 PM
19.12.110/
Adjacent Yes 1 year 19.08
R-1 0rdinance Permits
I t;:F4M 4 Vg-ms-l
19.12.110/
Adjacent
Yes 4-year u
Minor Residential F Al A2 CP No 1 year
Exceptions I F Al PM Yes 1 year
Miscellaneous Ministerial Permit F None Adjacent Yes 1 Year
19.28.150 and
19.40.090
Miscellaneous Ministerial Pemiit Not Allowed
Attachment A- Page5
Ordinance No.
Page 6
Tabla 19.12.030 - Approval Authority
Type of Permit or Decision A, B
Administrative
Review
Arts and
Culture
Commission
Planning
Commission City Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing/ Noticing
Radius D
Posted
Site
Notice
Expirati
on
Date E
Chapter/ Findings
Protected Trees
Tree Removal F Al A2 CP Adjacent unless
exempt Yes 1 year 14.18.180
Heritage Tree Designation & Removal F Al PM
19.12.110/
300'Yes 14.18
Tree Management Plan F Al A2 None No 14.18
Retroactive Tree Removal F Al A2 None No 14.18
Reasonable Accommodation F Al 42 None No 1 year 19.52.050
Extensions 0
Parking, Fence & Sign Exceptions & Front
Yard Interpretations F Al A2 None No 1 year
Neon, Reader board & Freeway Oriented
Signs F Al A2 None No 1 year
Two Story Pemiits, Minor Residential
Permits and Exceptions F A1 42 None No 1 year
Tree Removals F Al A2 No 1 year
All other projects F Al A2 19.12.110/
None No 2 years
Miscellaneous Ministerial Permit NotAllowed
IPu blicArtArchitecturalandSiteAppaoval Permits
Public /Vt F Al PM None None None 2.80 and 191148
Art in lieu payment R F PM None None None 2.80 and 19:148
KEY:
R-Review and recommendation body F-Final decision-making body unless appealed {
41 -Appeal Body on first appeal A2-Appeal body on second appeal
PH-Public Heaiing PM-PublicMeeting }
CP-Comment Perod i
Attachment A- Page
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: Projects 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 cornrnercial, 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.
Attachment A - Page 7
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, redevelopment or
modification in such zones where review is required and minor modifications of
duplex and multi- family buildings.
L. Meeting type and noticing are dependent on the underlying permit being modified.
M. Parking Exceptions approved by the Director of Community Development need
a comment period.
N. Parking Exceptions in Single-family residential (Rl) 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.
19.12.110 Noticing.
A. Notice of PubIlic Hearing: Noticing shan be provided inthe 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
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.
subsection A2 above is greater than one thousand, in lieu of mailed or delivered notice, the
Director may provide publishednotice 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 whiah action on the application win 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 plan.
Typographical and/or publishing errors shan 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(1) 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 requiringnotice 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 cornrnent period, notice shall be
mailed in accord
with 19.12.110A(2) and A(5), 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 shan 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
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
provide notice, and the failure to provide notice,
prevent the City from proceeding with a hearing,
validity of any action.
F. Posted Site Notice:
section shall constitute a good-faith effort to
and the failure of any to receive notice, shall not
meeting or from taking any action nor affect the
1. Applicantsshallinstallnotice(s)onthesubjectsitethatis/areclearlyvisibleandlegiblefrom
the right-of-way in accord with the requirements of Table 19.12.030.
a. Applicants must instan a site notice in the front yard of the subject site.
b. For all applications other than Tivo Story Permits, Residential Design Review,
Miscellaneous Ministerial Permits, 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.
2. The notice shall be a weatherproof sign, firmly attached to 5 foot tan posts and:
a. For Two StoryPcrmit.r, Re,gidential Design Review, Miscellaneous Ministerial Permits, and
Tree Removal applications in Rl or R2 zones, shall be at least 2 feet tall and 3 feet wide.
b. For all other applications that need a site notice, shall be at least 4 feet tall and 6 feet wide.
3. The notice shan be placed at least 14 days prior to the decision/public hearing and shall
remain in place until an actionhas been taken on the application and the appeal period, if
any, has passed.
4. 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 ofpublic cornrnents;
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 Tivo Story Permits, Residential Design Review Permit, and Miscellaneous
Ministerial Permit 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 physical appearance of the property.
G. Miscellaneous Ministerial Permit: For projects requiring notice of a Miscellaneous Ministerial
Permit, notice shan be mailed in accord with subsection 19.12.110A(4) and posted on the
property, fourteen calendar days prior to the date of action on the application.
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 Permits Required
Planning permit
required prior to
building permit
- appltcati-otr " -
Type of Project Approval
Authority
A kTyyo nnri h+riiair ra Qiyr'i1o_t>iky yiayiork +T'i>+ rl yri+
u 1 l( J L i_i 1 J J @u r5 uc - la 11 ill ) F 1 u3 C L kg Ll 1(4 L u! l l(/ L
require
exception or variance from the requirements of this
Admin.
B. Minor Residential
Permit, pursuant to
1. One-story encroachment into a required rear yard
setback, subject to requirements of Section
19.28.070
Admin? 0ne-story extension of an existing side yard
nonconforming building wall line, subject to
requirements of Section
19.28.100 in all districts except Rl-a
Chapter 19.12,
Administration
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 or on any
project previously developed pursuant to
Government Code Section 65852.21
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%
C. Director's Minor
Modification, pursuant
to Chapter 19.12,
Administration
Encroachment of porch elements into the required
front yard setback in the Rl-a zone, subject to the
requirements of Section 19.28.100
Admin
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E-.Q Residential Design
Review, pursuant to
Chapter 19.12,
Administration
Two-story addition or new two-story home in all
districts except Rl-a where:
1. Second floor to first floor area ratio is greater
than 66%, except any second to first floor ratio
for development on building pads/graded
areas with actual slopes equal to or greater
than 20%; and/or
2. Where second story side yard setback(s) are
less than 15 feet to any interior side property
line
Admin. with
design review
Two-story addition, new two-story home, and/or
second story deck in the Rl-a zone
PC
R.E Exception,
pursuant to
Chapter 19.12,
Administration &
Section 19.28.130
Exceptions
One or two-story project requesting an exception
from Sections 19.28.070 [Development Regulations
(Building)],
19.28.080 [Eichler Rl-e Building Design
Requirements], and/or 19.28.110 [Landscape
Requirements'.
PC
G._E Hillside Exception,
pursuant to Chapter
19.12,
Administration
Development (area greater than 500 square feet) on
slopes greater than 30%
H. Q Architectural and
Site Approval,
pursuant to Chapter
19.12,
Administration
One or two-story addition or new home on a sloped
siiigle-family residential lot with development on
building pads/graded areas with actual slopes equal
to or greater than 20% and where the cut plus fill of
the site exceeds 2,500 cubic yards
Tr: ,H Conditional Use
Permit, pursuant to
Chapter 19.12,
Administration
Two-story addition or new two-story home in an Rl
zoning district with an "i" suffix
fi ISingle-Story
Overlay District
Application,
pursuant to Chapter
19.12,
Administration
Establishment or removal of a Single-Story Overlay
District in a Single Family Residential District
(Addition or removal of the 'T' suffix in an Rl
zoning district)
CC
K:_J__ Miscellaneous
Ministerial Permit
1. New one or two-story duplex project in an Rl
zoning district pursuant to Government Code
Section 65852.21
2. New one or two-story single-family home,
secondary principal dwelling unit, or two-story
addition in an Rl zoning district pursuant to
Government Code Section 65852.21
Admin
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 19.28.110(A) and (B).
A. Single-Family Residential Design Guidelines for all projects.l, 2
1. There shall not be a three-car wide driveway curb cut.
2. No more than fifty percent of the front elevation of a house consist of garage area,
unless the lot is not wide enough to accommodate.
a. In the Rl-a zone, the maximum width of a garage on the front elevation shallbe twenty-
five feet, which will accommodate a two-car garage. Additional garage spaces shall only be
provided through the use of a tandem garage or a detached accessory structure at the rear of the
property-2
3. Usable Living area shall be closer to the street, while garages should be set back more.
4. All roofs shall have at least a one-foot overhang.
Structures shall not have an mechani heatin or coolin or associated i in installed on the
roof.
6. Porches are encouraged.
a. In the Rl-a zone, the following porch design guidelines apply2:
i. When viewed from the street, a porch shall 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 shall be designed such that the appearance is not obtrusive or
massive.
iii. The use of large columns or pillars is discouraged.
iv. The eave height for a front porch shall not be significantly taller than the eave
height of typical single-story elements in the neighborhood.
v. Porch elements shall have detailing that emphasizes the base and caps for posts
and fence elements.
7. In Rl-6e and Rl-a zones, entry features shall not be higher than fourteen feet from natural
grade to plate.2
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-I 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.
2. 'The granting of the permit will not result in a condition that is detrimental or injririous to
property or improvemei'its iii 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 Cupcrtino Cencral 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.
/l. Adverse visual impacts on adjoining properties have been reazonably mitigated.
C. =P:. 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 resilt 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. =c. 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. Thegrantingofthisperrnitwillnotresultindetrimentalorinjuriousconditionstothe
property or improvements in the vicinity, or to the public health, safety, or welfare.
Ordinance No.
Page 15
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.
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 properly 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.
2. Amerxdments to Title 19 cortcerrtingAccessorH Dwelling Urtits
19.112.010 Purpose: Incorporation by Reference: Consistency with State Law.
The purpose of this chapter is to promote the goal of affordable housing within the City through provision
of additional housing in certain residential, agricultural residential, and mixed-use zoning districts in a
manner which minimizes adverse impacts of accessory dwelling units on neighborhoods. Unless otherwise
defin in a Titl all terms in a in reted in a rdan with
requirements of State law, the requirements of State law, including the requirements of Government Code
cti n 65852.2 and 65852.22 hall r v il
19.112.020 Accessory Dwelling Unit Regulations.
Notwithstanding any provision of this title to the contrary:
1. Accessory dwelling units are permitted on lots within any residential or mixed-use
residential zoning district. The lot must have an existing single family dwelling unit or if
zoned multi-family or mixed use residential, at least one residential unit. If the lot is vacant,
an accessory dwelling unit may only be proposed in conjunction with the development of at
least one residential unit. Notwithstanding the underlying zoning, an accessory dwelling
Attachment A- Page 15
Ordinance No.
Page 16
unit developed pursuant to this chapter does not cause the lot upon which it is located to
exceed its maximum the allowable density on the lot.
2. Accessory dwelling units must comply with the site development regulations and guideline
specified in those zoning districts for dwelling units, including but not limited to: lot
coverage; floor area ratio; height; setbacks; landscape; the regulations contained in this
chapter; Chapter 19.100, Accessory Structures/Buildings; and Chapter 19.124, Parking; except
as those standards are modified by this chapter.
3. No impact fees, as defined in Government Code Section 65852.2(f)1 shall be imposed on
any accessory dwelling rinit or junior accessory dwelling unit with a gross floor area of less
than 750 square feet. Impact fees for all other accessory dwelling unitz shall be charged in
compliance yi.'ith State Laiv imposed on accessory dwelling units greater than or equal to 750
f shall ed ro rtionall in relation to the foota e of the a dwellin
unit in compliance with Government Code Section 65852.2(f)(3)(A).
4. Accessory dwelling units are permitted on lots within any residential or mixed-use
residential zoning district. The lot must have an existing single family dwelling unit or if
zoned rulti-family or mixed use residential, at least one residential unit. If the lot is vacant,
an accessory dwelling unit may only be proposed in conjunction with the development of at
least one residential rinit. Notwithstanding the underlying zoning, an accessory dwelling
unit developed pursuant to this chapter does not cause the lot upon which it is located to
exceed its maximum the allowable density on the lot.
5. Accessory dwelling units must comply with the site development regulations and guideline
specified in those zoning districts for dwelling units, including but not limited to: lot
coverage; floor area ratio; height; setbacks; landscape; the regulations contained in this
chapter; Chapter 19.100, Accessory Strrictures/Buildings; and Chapter 19.124, Parking; except
as those standards are modified by this chapter.
19.112.030 SiteDevelopmentRegulationsforStreamlinedAccessoryDwellingUnits&JuniorAccessory
Dwelling Units.
Pursuant to California Government Code Section 65852.2(e), the City shall approve the following
streamlined accessory dwelling units if the specified development standards and use restrictions are met,
as identified in:
A. Table 19.112.030A for single-family residential uses developments and
B. Table 19.112.030B for multi-family residential rises developments.
Table 19.112.030A: Site Development Regulations for Streamlined Accessory Dwelling Units and
___T.u.ti_ior-Acc'.essnm_l)_w_pllinq_Units.Assnciated with Sinvle-Familv Residential TJseq Dpvplnnmpnt.q
-l' --== ------7-- - o- -D--------'--- ---- - a o --- --'e5-- - -- _' ----"-"= - -"- - -' ---r---- ---
Attachment A- Page 16
Ordinance No.
Page 17
Conversion of space within mincipal New Construction Attached or
dwelling unit or accessory stmctures Detached Accessory Dwelling
Unit S 800 s.f.
1.Size of living space, exclusive of decks
a. Minimum
size
150 s.f.
b. Maximum
size
No size limitation as long as the unit:
i. Is wholly within the space of a proposed
or existing single-family dwelling or the
existing space of an accessory structure,
and
ii. Does not reqriire either:
* An addition of more than 150 square
feet to an existing accessory structure to
accommodate ingress and egress only, or
* Any addition to an existing single-
family dwelling unit.
800 S.f.
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LIIINNI-FLII'L-
Maximum three ADUs 'oer lot in anv combination of the followinz:
* One attached ADU,
* One conversion of existin s ace ADU whether in rinci al dwellin unit
or existim, accessorv structurei,
* One detached ADU or
* One unior ADU
3.Setbacks Per the underlying zoning district
except that if the existing structures do
not meet these standards, the side and
rear setbacks shall be sufficient for fire
safety and life safety.
a. At least four feet from the
rear and side lot lines.
a. An applicant alternately may
elect to follow the setback
c4-a_y A a'y! c (-rsv
4 t) La 1 ILI a 1 ui) 1 U 1
accessory structures in
Chapter 19.100.
Attachment A- Page 17
Ordinance No.
Page 18
4.Height The conversion shall not change the height
of the existing structure.
a. 16 feet ,or.
b. l8feet___forde't__p_ched ADU_
within half a mile walkin
d_istanceof_a ma_iortran_sit
sto or transit corridor
defined in Section 21155 of
the Public Resources Code.-l
c. If accessorv dwelline unit
attached to prin_cipal
dwellim,, 25 feet or the
heieht limitations a'o'olicable
to the rinci al dwellin
whichever is low_e_r.
d. An a_oolicant alternativelv
ma elect to follow the
hei ht standards for
accessorv structures in
Chapter 19.100.
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accessory existing second story portion of the dwellin is located within one half
dwelline unit orincioal dwelline unit.milewa_lkin_e distance of a _maio_r
transit stop or transit corridor:
6.Parking for
accessory
dwelling unit
None
7.Direct outside
access
Independent outdoor access must be provided without going through the
principal dwelling unit.
8.Separation
from principal
dwelling unit
The conversion must result in an
independent unit. With the exception of a
JADU that has a shared bathroom with the
principal dwelling unit, no interior doors or
other connections between the units are
permitted.
Detached from principal dwelling
unit
1 An additional two feet in lieight is permitted to accominodate a roof pitcli on tlie accessory dwelling rinit tliat is aligned witli
theroofpi eprimary we
Attachment A- Page 18
Ordinance No.
Page 19
Table 19.112.030B: Site Development Regulations for Streamlined Accessory Dwelling Units
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Conversion of interior space within
multifamily dwelling structures
New Construction Detached
Accessory Dwelling Unit
1.Location Conversion of space within existing
dwelling structures that is not used as
livable space (e.g. existing units) including,
but not limited to, storage rooms, boiler
rooms, passageways, attics, basements, or
garages, as long as the unit meets building
standards for dwellings.
Detached from the multi-family
dwelling structure(s)
2.Number of
Units
The greater of:
* 25 percent of the existing number of
primary dwelling units, or
* One accessory dwelling unit.
No more than two units
3.Minimum Size 150 S.f.
4.Maximum Size No size limitation 1,200 S.f.
5.Setbacks The accessory dwelling unit shall not
increase the size of the existing structure.
a. Located at least four feet
from the side and rear lot
lines.
b. An applicant alternately may
elect to follow the setback
and height standards for
accessory structures in
Chapter 19.100.
6.Height The accessory dwelling unit shall not
increase the size of the existing structure.
a. 18feet; or
b. 25 feet or the height
limitations aoolicable to the
principal dwelling,
whichever is lower if
accessorv dwelline unit
_a_ttached to rinci al
d
c._b.An applicant alternatively
may elect to follow the
setback and height standards
Attachment A- Page 19
Ordinance No.
Page 20
for accessory structures in
Chapter 19.100.
7.Separation
from principal
dwelling unite
The conversion must result in an
independent unit. No interior doors or
other connections between the units are
permitted.
Detached from principal dwelling
unite.
(Ord. 20-2199, § 5 (part), 2020; Ord. 17-2170, § 4, 2018; Ord. 17-2165, § 12, 2017; Ord. 16-2159, €3 8 (part), 2016;
Ord. 2085, S, 2 (part), 2011)
19.112.040 Site Development Regulations for Non-Streamlined Accessory Dwelling Units.
A. This section shall govern applications for ADUs and TADUs that do not qualify for approval under
Section 19.112.030 or Government Code section 65852.2 e I and for which the ci ma im
I standards rirsuanttoGovernment esection6585 a aons a throu d.Nothin
in this section shall be interpreted to lirohibit an ADU of rip to 800 sqriare feet, at the heights stated
in. Section 19.I12.030(Al and.030(B), with a four-foot side and rear setbacks.
B.
the envelope of the building is proposed to be modified beyond any existing legal, non-conforming
condition
.'iny accessory dwelling unit that does not meet the criteria of Scctionl9.ll2.030 shall meet the following
development standards and use restrictions as identified in Table 19.112.040.
Table 19.112.040: Site Development Regulations for Non-Streamlined Accessory Dwelling Units
Created by New Construction and/or Additions to the Principal Dwelling Unit
Attached Detached > 800 s.f.
A.Number of
Units
Only one accessory dwelling unit pursuant to Table 19.112.040 is permitted and
cannot be combined with any accessory dwelling units pursuant to Table
19.112.030A.
B.Size of living SpaCg exclusive of decks
1. Minimum
size
150 s.f.
Attachment A- Page 20
Ordinance No.
Page 21
2. Maximum
size
a. Studios/one-bedroom unit - 850 s.f.; two or more-bedroom unit - 1,000
s.f.; and
b. Attached accessory dwelling units shall not exceed 50% of the existing
primary dwelling
c. Application of lot coverage, floor area, and open space standards:
i. Maximum size for units _< 800 s.f. shall not be limited by lot
coverage, floor area ratio, and open space requirements per the
underlying zoning.
ii. Maximum size for units > 800 s.f. are limited by lot coverage, floor
area ratio, and open space requirements per the underlying zoning.
These standards shall apply to the gross floor area of the unit
proposed. Notwithstanding application of these standards, an 800
s.f. detached accessory dwelling unit is permitted pursuant to
Table 19.112.030A or an 800 s.f. attached accessory dwelling unit is
permitted.
C.Setbacks Per the underlying zoning district, except
the required side and rear setbacks are
modified to four feet.
The proposed structure must
comply with the setback standards
for accessory structures in Chapter
19.100, except the street side
setbacks are modified to four feet.
D.Heieht 25 feet or the heieht limitations aiyolicable a. The monosed strricUire
to the rinci al dwellin whichever is must cornolv with the heizht
lower.standards for accessorv
structures in Chapter 19.100,
except that a maximum
height of 16 feet is allowed
at the farthest oint of the
ro osed structure from the
rear and side property lines.
b. ._18 feet for detached ADU
within half a mile of a maaor
transit sto or transit
corridor or on a lot with an
existin multifamil
multistor dwellin or
_c. If accessory dwelling unit
attached to rincinal
dwelline, 25 feet or the
Attachment A- Page 21
Ordinance No.
Page 22
hei ht limitations a licable
to the rinci al dwellin
whichever is lower.
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accessorv IS:dwelline is located within one half
dwelling rinits T 0 _1 a t I _ a . _ _ I I r . _ a I _ _ la mile of a maaor transit sto or
a. _LOCat_e_a_Wlt_nlnOn(___tlalr mile ot_a_
transit corridor,
maior transit stop or transit
corridor or
b. On a lot with an existin
multifamily, multistory dwelling; or
c. More than 800 s.f. and attached to_
nrinciial_dwelline.
F.Parl<ing
1. Parking for
accessory
dwelling unit
One additional off-street parking space shall be provided, if the principal
dwelling unit has less than the minimum off-street parking spaces for the
applicable residential zoning district in which it is located, as required in
Chapter 19.124 unless the accessory dwelling unit meets one of the following
requirements:
a. Located within one-half (1/2) mile of a public transit stop; or
b. m_, k__ g__block of a car share vehicle ick-u locatiorr or
c. Located in an architecturally and historically significant historic
district; or
d. The occupant of the rinit is not allowed/offered a required on-street
parking permit; or
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C- ll_lLL' V'VILI'IL lll- IILII 1 Ll l-I1 ul'L'(- VLIILIL FILIX LP llLLllllLz '
f. Is part of the proposed or existing primary residence or an accessory
structure.
2. Replacement
parking spaces
for existing
covered,
uncovered or
enclosed
parking spaces
converted to an
No replacement.parking spaces are required.
Attachment A- Page 22
Ordinance No.
Page 23
accessory
dwelling unit
G.Direct outside
access
Independent outdoor access must be provided without going through the
principal dwelling unit.
H.Screening from
public street
All access to accessory dwelling units shall be on a different wall plane than the
access to the principal dwelling unit.
I.Structure
Design
Should be compatible with the architectural style and materials of the principal
structure.
J.Separation from
principal
dwelling unit
The ADU must be an independent unit.
No interior doors or other connections
between the ADU and the principal
dwelling unit are permitted.
Detached from principal dwelling
unit.
1. No setback is required for an accessory dwelling unit located within existing living area or an
existing accessory structure, or an accessory dwelling rinit that replaces an existing structure and
is located in the same location and to the same dimensions as the struchire being replaced.
(Ord. 20-2199, F§ 5 (part), 2020)
19.112.050 Review Process.
Applications for accessory dwelling units conforming to the requirements of this chapter shall be reviewed
ministerial without discretionary review and must be approved or denied within the time frame specified
in Government Code Section 65852.2.
(Ord. 20-2199, § 5 (part), 2020; Ord. 16-2159, f§ 8 (part), 2016)
19.112.060 Accessory Dwelling Units Prohibited on Certain Lots.
Notwithstanding Government Code Section 65852.2 or 65852.22 or any provision of this Chapter, no
accessory dwelling unit or a junior accessory dwelling rinit shall be permitted on any lot in single-
family residence district(R-l or RHS) if a lot split has been approved pursuant to Section 18.12.70 and one
or more residential units has been approved for construction prirsuant to Section 19.28.150 or 19.40.090 (-
Government Code Section 65852.21).
Attachment A- Page 23