PC 6-11-2024 Searchable PacketCITY OF CUPERTINO
PLANNING COMMISSION
AGENDA
10350 Torre Avenue, Council Chamber and via Teleconference
Teleconference Location Pursuant to Government Code section 54953(b)(2);
1730 N Ocean Ave., Holtsville, NY 11742
Tuesday, June 11, 2024
6:45 PM
IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION
Members of the public wishing to observe the meeting may do so in one of the following
ways:
1) Attend in person at Cupertino Community Hall, 10350 Torre Avenue.
2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV.
3) The meeting will also be streamed live at www.Cupertino.org/youtube and
www.Cupertino.org/webcast
Members of the public wishing to comment on an item on the agenda may do so in the
following ways:
1) Appear in person at Cupertino Community Hall. Members of the audience who address
the Commission must come to the lectern/microphone, and are requested to complete a
Speaker Card and identify themselves. Completion of Speaker Cards and identifying
yourself is voluntary and not required to attend the meeting or provide comments.
2) E-mail comments by 5:00 p.m. on Tuesday, June 11 to the Commission at
planningcommission@cupertino.org. These e-mail comments will be received by the
commission members before the meeting and posted to the City’s website after the
meeting.
Members of the public may provide oral public comments in person during the meeting as
follows:
Comments may be made during “Oral Communications” for matters not on the agenda, and
during the public comment period for each agenda item. If you wish to provide oral
communications, please complete a speaker request card located in front of the
Commission and deliver it to staff prior to discussion of the item. When you are called,
proceed to the podium and the Chair will recognize you. Members of the public that wish
to share a document when providing oral comments may do so at the overhead projector at
the podium or email the document to planningcommission@cupertino.gov by 5:00p.m.
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Documents received by email will be posted to the City website after the meeting. Please
limit your comments to three (3) minutes or less.
Teleconferencing Instructions
To address the Commission, click on the link below to register in advance and access the
meeting:
Online:
Register in advance for this webinar:
https://cityofcupertino.zoom.us/webinar/register/WN_yuj35P0ZRxOHPdzwciAnnw
Phone Dial: 669-900-6833 and enter WEBINAR ID: 981 6413 5056 (Type *9 to raise hand to
speak, *6 to unmute yourself). Unregistered participants will be called on by the last four
digits of their phone number.
Or an H.323/SIP room system:
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Meeting ID: 981 6413 5056
SIP: 98164135056@zoomcrc.com
After registering, you will receive a confirmation email containing information about
joining the webinar.
Please read the following instructions carefully:
1. You can directly download the teleconference software or connect to the meeting in your
internet browser. If you are using your browser, make sure you are using a current and
up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain
functionality may be disabled in older browsers, including Internet Explorer.
2. You will be asked to enter an email address and a name, followed by an email with
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instructions on how to connect to the meeting. Your email address will not be disclosed to
the public. If you wish to make an oral public comment but do not wish to provide your
name, you may enter “Cupertino Resident” or similar designation.
3. When the Chair calls for the item on which you wish to speak, click on “raise hand,” or, if
you are calling in, press *9. Speakers will be notified shortly before their turn to speak.
4. When speaking, please limit your remarks to three (3) minutes or less and the specific
agenda topic.
5. Members of the public that wish to share a document when providing oral comments by
teleconference must email the document to planningcommission@cupertino.gov by 5:00
p.m. These documents will be posted to the City website after the meeting.
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF MINUTES
1.Subject: Approve the May 28 Planning Commission minutes.
Recommended Action: Approve the May 28 Planning Commission minutes.
1 - Draft Minutes
POSTPONEMENTS
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the Commission on any matter
within the jurisdiction of the Commission and not on the agenda. Speakers are limited to three (3)
minutes. In most cases, State law will prohibit the Commission from making any decisions with respect
to a matter not on the agenda.
CONSENT CALENDAR
Unless there are separate discussions and/or actions requested by council, staff or a member of the
public, it is requested that items under the Consent Calendar be acted on simultaneously.
PUBLIC HEARINGS
Effective January 1, 2023, Government Code Section 65103.5 (SB 1214) limits the distribution of
copyrighted material associated with the review of development projects. Members of the public wishing
to view plans that cannot otherwise be distributed under SB 1214 may make an appointment with the
Planning Division to view them at City Hall by sending an email to planning@cupertino.org. Plans
will also be made available digitally during the hearing to consider the proposal.
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2.Subject: Municipal Code, Specific Plan, Below Market Rate Mitigation Manual and
Zoning Map Amendments related to implementing the 6th Cycle Housing Element
(Application No.(s): MCA-2023-001, SPA-2023-001, CP-2024-002, Z-2024-001,
EA-2024-001; Applicant: City of Cupertino; Location: city-wide)
Recommended Action: That the Planning Commission recommend that the City
Council adopt draft resolutions allowing for consistency with the 6th Cycle Housing
Element, and minor edits for clarity, as follows:
1. Municipal Code Amendments (Attachment A), including but not limited to:
a. Adoption of three new Chapters, Chapter 19.38 (Multiple-Family Residential (R-4)
Zones), Chapter 19.46 (Townhome (TH) Combining District), Chapter 19.50
(Emergency Shelters) and
b. Amendments to Chapter 19.08 (Definitions), Chapter 19.12 (Administration),
Chapter 19.16 (Designations and Establishment of Districts), Chapter 19.20 (Permitted,
Conditional and Prohibited Uses in Agricultural and Residential Zoning Districts),
Chapter 19.28 (Single Family Residential (R-1) Zones), Chapter 19.36 (Multiple Family
Residential (R-3) Zones), Chapter 19.76 (Public Building (BA), Quasi-Public Building
(BQ), and Transportation (T) Zones), Chapter 19.80 (Planned Development (P) Zones),
Chapter 19.100 (Accessory Buildings/Structures), Chapter 19.124 (Parking), Chapter
19.156 (Development Permits, Conditional Use Permits, and Variances), Chapter 19.168
(Architectural and Site Approval Permits), Chapter 14.15 (Landscape Ordinance) and
Chapter 17.04 (Standard Environmental Protection Requirements); and
2. Adopt (Attachment B):
a. Amendments to the Heart of the City Specific Plan;
b. Amendments to the Below Market Rate (BMR) Mitigation Manual; and
3. Zoning Map Amendments (Attachment C) to reflect changes to Priority Housing
Sites and other minor changes for internal consistency.
Staff Report
A - Draft MCA Resolution
B - Draft SPA and CP Resolution
C - Draft Zoning Map Ordinance
OLD BUSINESS
NEW BUSINESS
STAFF AND COMMISSION REPORTS
This portion of the meeting is reserved for staff to provide any updates on matters pertinent to the
Commission and for Commissioners to report on any Commission related activities they have taken part
in since the prior regularly scheduled meeting.
FUTURE AGENDA SETTING
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This portion of the meeting is reserved for the Chair or any two Commissioners to propose a future
agenda item within the jurisdiction of the Commission. A proposal to add a future agenda item shall be
brief and without discussion by the Commission.
ADJOURNMENT
If you challenge the action of the Planning Commission in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this agenda, or in written
correspondence delivered to the City of Cupertino at, or prior to, the public hearing. In the event an
action taken by the Planning Commission is deemed objectionable, the matter may be officially appealed
to the City Council in writing within fourteen (14) days of the date of the Commission’s decision. Said
appeal is filed with the City Clerk (Ordinance 632).
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this
meeting who is visually or hearing impaired or has any disability that needs special assistance should
call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for
assistance. In addition, upon request in advance by a person with a disability, meeting agendas and
writings distributed for the meeting that are public records will be made available in the appropriate
alternative format.
Any writings or documents provided to a majority of the Planning Commission after publication of the
packet will be made available for public inspection in the Community Development Department located
at City Hall, 10300 Torre Avenue, Cupertino, California 95014 during normal business hours and in
Planning packet archives linked from the agenda/minutes page on the City web site.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section
2.08.100, written communications sent to the City Council, Commissioners or staff concerning a
matter on the agenda are included as supplemental material to the agendized item. These written
communications are accessible to the public through the City website and kept in packet archives. Do
not include any personal or private information in written communications to the City that you do not
wish to make public, as written communications are considered public records and will be made
publicly available on the City website.
For questions on any items in the agenda, or for documents related to any of the items on the agenda,
contact the Planning Department at (408) 777 3308 or planning@cupertino.org.
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CITY OF CUPERTINO
Agenda Item
24-13224 Agenda Date: 6/11/2024
Agenda #: 1.
Subject: Approve the May 28 Planning Commission minutes.
Approve the May 28 Planning Commission minutes.
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DRAFT MINUTES
CUPERTINO PLANNING COMMISSION
Tuesday, May 28, 2024
At 6:45 p.m. Chair David Fung called the Regular Planning Commission meeting to order and
led the Pledge of Allegiance in the Cupertino Community Hall Council Chamber, 10350 Torre
Avenue and via teleconference.
ROLL CALL
Present: Chair David Fung, Vice Chair Seema Lindskog, and Commissioners Commissioner
Muni Madhdhipatla, Tejesh Mistry and Steven Scharf. Absent: None
APPROVAL OF MINUTES
1. Subject: Approve the April 29 Planning Commission minutes.
Recommended Action: Approve the April 29 Planning Commission minutes.
MOTION: Scharf moved and Madhdhipatla seconded to approve the April 29 Planning
Commission minutes. The motion carried with the following vote: Ayes: Fung, Lindskog,
Madhdhipatla, Mistry and Scharf. Noes: None. Abstain: None. Absent: None.
POSTPONEMENTS - None
ORAL COMMUNICATIONS
Sury spoke about a courtesy notice from the Code Enforcement Division about an unpermitted
fence on his property.
CONSENT CALENDAR - None
PUBLIC HEARINGS
2. Subject: Lawrence-Mitty Park and Trail project Final Conceptual Design General Plan
Consistency and Initial Study/Mitigated Negative Declaration.
Recommended Action: That the Planning Commission:
1. Adopt a Resolution (Attachment 1) finding that the Lawrence -Mitty Park and Trail
project Final Conceptual Design is consistent with the City's General Plan and
2. Adopt a Resolution (Attachment 2) recommending that the City Council adopt the
Initial Study/Mitigated Negative Declaration for the Lawrence-Mitty Park and
Trail project.
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Planning Manager Piu Ghosh introduced the item and Capitol Improvement Programs
Manager for Public Works, Susan Michael gave an overview and presentation. Program
Manager Michael introduced consultants Jan Eiesland and Mike Campbell of MIG who
assisted with the presentation.
Commissioners had no clarifying questions or comments.
Chair Fung opened the public hearing and the following people spoke:
Lisa Warren
Peggy Griffin
San R
Chair Fung closed the public hearing.
Commissioners asked questions and made comments.
Staff answered questions.
MOTION: Lindskog moved and Scharf seconded that the Planning Commission:
1. Find that the Lawrence-Mitty Park and Trail project Final Conceptual Design is
consistent with the City of Cupertino General Plan and
2. Recommend that the City Council adopt the Initial Study/Mitigated Negative
Declaration, Mitigation Measures and Mitigation Monitoring and Reporting Program for
the Lawrence-Mitty Park and Trail project.
The motion carried with the following vote: Ayes: Fung, Lindskog, Madhdhipatla, Mistry
and Scharf. Noes: None. Abstain: None. Absent: None.
Planning Manager Ghosh stated that a representative from the Commission would need to
attend the July 2, 2024 City Council meeting when the project will be presented. Chair Fung
stated he would attend.
3. Subject: Consider Municipal Code Amendments to Chapter 19.48 (Fences), Chapter 19.08
(Definitions). (Application No.: MCA-2024-001; Applicant: City of Cupertino; Location:
Citywide)
Recommended Action: That the Planning Commission adopt the draft resolution
(Attachment 1) recommending that the City Council adopt an ordinance to amend
Chapter 19.48, Fences, Chapter 19.12 (Administration) and Chapter 19.08 (Definitions).
Planning Manager Piu Ghosh introduced the item and Associate Planner Emi Sugiyama
gave a presentation.
Commissioners asked clarifying questions and made comments.
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Staff answered questions.
Chair Fung opened the public hearing and the following people spoke:
Peggy Griffin
Lisa Warren
San R
Chair Fung closed the public hearing.
Commissioners asked questions and made comments.
Staff answered questions.
MOTION: Lindskog moved and Fung seconded to recommend the Planning Commission
adopt the draft resolution (Attachment 1) recommending that the City Council adopt an
ordinance to amend Chapter 19.48, Fences, Chapter 19.12 (Administration) and Chapter
19.08 (Definitions).
The motion carried with the following vote: Ayes: Fung, Lindskog, Madhdhipatla, Mistry
and Scharf. Noes: None. Abstain: None. Absent: None.
4. Subject: Sign Exception Permit to consider a ground sign with LED lighting and three
wall signs exceeding 200 square feet in area where one is allowed at an existing service
station. (Application No(s): EXC-2023-010; Applicant(s): Steve Locke; Location: 10490 S
De Anza Boulevard; APN: 369 39 042)
Recommended Action: That the Planning Commission adopt the draft resolution
(Attachment A):
1. Approving the Sign Exception application (EXC-2023-010); and
2. Finding the project exempt from CEQA.
Commissioner Madhdhipatla made a disclosure that his residence is 620 ft from the site.
He stated that the City’s Attorney Office left it to his discretion whether to participate in
the discussion. Since there would be no direct impact to his property’s value, he stated he
would participate.
Commissioners discussed site visits and ex-parte communications.
Planning Manager Piu Ghosh introduced the item and Associate Planner Emi Sugiyama
gave a presentation.
Applicant Steve Locke of Sign Designs, Inc. gave an overview of the project.
Commissioners asked no questions and made no comments.
Chair Fung opened the public hearing and the following people spoke:
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Peggy Griffin
San R
Lisa Warren
Chair Fung closed the public hearing.
Commissioners asked questions and made comments.
Staff and the applicant answered questions.
MOTION: Mistry moved and Lindskog seconded to:
Approve an LED illuminated price monument sign (Exhibit A) as presented with no
modifications.
The motion carried with the following vote: Ayes: Fung, Lindskog, Madhdhipatla, Mistry
and Scharf. Noes: None. Abstain: None. Absent: None.
MOTION: Mistry moved and Fung seconded to:
Approve a sign exception to allow 270 square feet of painted signage on the north, west
and south elevation and allow two non-illuminated logos on the canopy, where one non-
illuminated logo is allowed. Said logos would be the same size and in the same locations
as proposed.
The motion carried with the following vote: Ayes: Fung, Lindskog, Madhdhipatla, Mistry
and Scharf. Noes: None. Abstain: None. Absent: None.
OLD BUSINESS - None
NEW BUSINESS - None
STAFF AND COMMISSION REPORTS
Planning Manager Piu Ghosh reported that the Housing Element was adopted at the May 14,
2024 City Council meeting. She stated that revisions to the zoning code is forthcoming to the
Planning Commission and City Council.
Chair Fung reported on the 5/15/2024 Mayor’s Commissioner Meeting. He stated that all city
commissions would now be available to view live remotely.
FUTURE AGENDA SETTING - None
ADJOURNMENT
At 8:36 p.m., Chair Fung adjourned the Regular Planning Commission Meeting.
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Minutes prepared by:
_______________________________
Jon P. de Ridder, Administrative Assistant
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CITY OF CUPERTINO
Agenda Item
24-13225 Agenda Date: 6/11/2024
Agenda #: 2.
Subject: Municipal Code, Specific Plan, Below Market Rate Mitigation Manual and Zoning Map
Amendments related to implementing the 6
th Cycle Housing Element (Application No.(s): MCA-2023
-001, SPA-2023-001, CP-2024-002, Z-2024-001, EA-2024-001; Applicant: City of Cupertino; Location:
city-wide)
That the Planning Commission recommend that the City Council adopt draft resolutions allowing for
consistency with the 6th Cycle Housing Element, and minor edits for clarity, as follows:
1. Municipal Code Amendments (Attachment A), including but not limited to:
a. Adoption of three new Chapters, Chapter 19.38 (Multiple-Family Residential (R-4) Zones),
Chapter 19.46 (Townhome (TH) Combining District), Chapter 19.50 (Emergency Shelters) and
b. Amendments to Chapter 19.08 (Definitions), Chapter 19.12 (Administration), Chapter 19.16
(Designations and Establishment of Districts), Chapter 19.20 (Permitted, Conditional and
Prohibited Uses in Agricultural and Residential Zoning Districts), Chapter 19.28 (Single
Family Residential (R-1) Zones), Chapter 19.36 (Multiple Family Residential (R-3) Zones),
Chapter 19.76 (Public Building (BA), Quasi-Public Building (BQ), and Transportation (T)
Zones), Chapter 19.80 (Planned Development (P) Zones), Chapter 19.100 (Accessory
Buildings/Structures), Chapter 19.124 (Parking), Chapter 19.156 (Development Permits,
Conditional Use Permits, and Variances), Chapter 19.168 (Architectural and Site Approval
Permits), Chapter 14.15 (Landscape Ordinance) and Chapter 17.04 (Standard Environmental
Protection Requirements); and
2. Adopt (Attachment B):
a. Amendments to the Heart of the City Specific Plan;
b. Amendments to the Below Market Rate (BMR) Mitigation Manual; and
3. Zoning Map Amendments (Attachment C) to reflect changes to Priority Housing Sites and
other minor changes for internal consistency.
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PLANNING COMMISSION STAFF REPORT
Meeting: June 11, 2024
Subject
Municipal Code, Specific Plan, Below Market Rate Mitigation Manual and Zoning Map
Amendments related to implementing the 6th Cycle Housing Element (Application
No.(s): MCA-2023-001, SPA-2023-001, CP-2024-002, Z-2024-001, EA-2024-001; Applicant:
City of Cupertino; Location: city-wide)
Recommended Action
That the Planning Commission recommend that the City Council adopt draft resolutions
allowing for consistency with the 6th Cycle Housing Element, and minor edits for clarity,
as follows:
1. Municipal Code Amendments (Attachment A), including but not limited to:
a. Adoption of three new Chapters, Chapter 19.38 (Multiple-Family Residential (R-
4) Zones), Chapter 19.46 (Townhome (TH) Combining District), Chapter 19.50
(Emergency Shelters) and
b. Amendments to Chapter 19.08 (Definitions), Chapter 19.12 (Administration),
Chapter 19.16 (Designations and Establishment of Districts), Chapter 19.20
(Permitted, Conditional and Prohibited Uses in Agricultural and Residential
Zoning Districts), Chapter 19.28 (Single Family Residential (R-1) Zones), Chapter
19.36 (Multiple Family Residential (R-3) Zones), Chapter 19.76 (Public Building
(BA), Quasi-Public Building (BQ), and Transportation (T) Zones), Chapter 19.80
(Planned Development (P) Zones), Chapter 19.100 (Accessory
Buildings/Structures), Chapter 19.124 (Parking), Chapter 19.156 (Development
Permits, Conditional Use Permits, and Variances), Chapter 19.168 (Architectural
and Site Approval Permits), Chapter 14.15 (Landscape Ordinance) and Chapter
17.04 (Standard Environmental Protection Requirements); and
2. Adopt (Attachment B):
a. Amendments to the Heart of the City Specific Plan;
b. Amendments to the Below Market Rate (BMR) Mitigation Manual; and
3. Zoning Map Amendments (Attachment C) to reflect changes to Priority Housing Sites
and other minor changes for internal consistency.
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Background
The City Council adopted the 6th Cycle Housing Element 1, which covers the planning
period of 2023 to 2031, on May 14, 2024. The Housing Element is a required element of
Cupertino’s General Plan and identifies policies and programs and prospective housing
sites to meet the housing needs of the City’s current and future residents at all income
levels, through 2031. The 6th Cycle Housing Element anticipates that Cupertino will
accommodate its Regional Housing Needs Allocation (RHNA) of 4,588 units plus a buffer
of approximately 28%, for a total exceeding 5,800 units, on 58 parcels, referred to as
Priority Housing Sites. The Priority Housing Sites are located primarily along the City’s
arterials and major collectors, such as Stevens Creek and DeAnza Boulevards, with a few
sites located within established, predominantly single-family neighborhoods (e.g. the
Evulich Ct/Linda Vista site and Adriana Ave site). While the residential densities of the
Priority Housing Sites varies, over two-thirds - 40 properties - have densities of 50 units
per acre or more and 15 have densities between 20-35 units per acre. Only three of the 58
sites allow densities under 20 units per acre. The complete list of Priority Housing Sites
is included in Appendix B-4 of the General Plan.
On April 10, 2024, the State of California’s Department of Housing and Community
Development (HCD) informed the City2 that the draft Housing Element submitted to
HCD on March 28 (prior to adoption), met the statutory requirements of state law,
subject to the completion of rezoning of the sites that are listed in the Housing Element
as Priority Housing Sites. Therefore, the actions taken by the City to rezone the Priority
Housing Sites and the associated amendments to the Municipal Code, Heart of the City
Specific Plan, and the BMR Mitigation Manual will bring the City into compliance with
state law. Compliance with state housing law averts the City’s potential loss of land use
local control, exposure to litigation, and other regulatory limitations resulting from not
having a compliant Housing Element. The rezoning and related actions also allow
internal consistency between policy documents and a seamless implementation of the
policies in the Housing Element. Even though the City adopted its Housing Element on
May 14, the rezoning of Priority Housing Sites at the densities specified in the Housing
Element must be completed in order to come into compliance with state law.
Discussion:
Municipal Code Amendments (see Attachment A)
New Chapters
Chapter 19.38 (Multiple-family Residential (R-4) Zones): Nearly 70% of the 58 parcels that
comprise the Housing Priority Sites have a minimum density of 50 units per acre. This
increased density required the establishment of new General Plan land use
1 Prior iterations of the Draft Housing Element are available online at www.cupertino.org/housingelement
2 Available online: www.cupertino.org/housingelement
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designations (i.e., “High/Very High” and “Very High” density) for residential
densities greater than 35 dwelling units per acre. These new land use designations
were adopted on May 14 as part of the Housing Element adoption. The establishment
of new General Plan land use designations for residential development greater than
35 dwelling units per acre has in turn necessitated the establishment of a new zoning
designation, R-4, to accommodate development at these higher densities.
R-4 zoned properties would allow buildings up to 5 stories tall, with a maximum
height of 70 feet, as adopted with the General Plan updates in May 2024. The City’s
General Plan establishes a setback to height ratio (slope line) for properties that abut
an arterial (e.g. De Anza, Stevens Creek Blvd). With the General Plan amendments in
conjunction with the adoption of the Housing Element, this standard was modified
such that housing development projects on Priority Housing Sites do not have to meet
the slope line requirement. However, they continue to have to meet front, rear and
side setbacks for structures as established in the ordinance. Since many of the parcels
being zoned R-4 are located in the Heart of the City Specific Plan area, the front
setback standard is designed to meet the Heart of the City standards. Rear and side
setbacks are somewhat modified from the existing applicable Heart of the City
Specific Plan standards. Additionally, as identified in the Housing Element, the
standards also establish certain universal design standards that must be incorporated
in residential projects to affirmatively further fair housing for people of all ages and
abilities. Finally, standards are identified for the maintenance of common open spaces
and landscaping.
Chapter 19.46 – Townhome (TH) Combining District: As described in the recently
adopted Housing Element, in order to accommodate a variety of housing types on the
same property and to encourage the provision of a buffer for existing single-family
homes/neighborhoods, some Priority Housing Sites are zoned with the TH
Combining District. Historically, the Planned Development (P) zoning district used
to act as a combining zoning designation. However, with recent changes to state law
that require the establishment and applicability of objective standards in ho using
developments, the Townhome (TH) Combining District is being proposed. A
combining district is one that may only be used in conjunction with a base zoning
district designation. As proposed, the TH combining District may only be used in
conjunction with either the R-3 or R-4 base zoning district designations.
The TH combining district allows for the same front setback as the underlying R-3 or
R-4 zoning it is combined with. Therefore, proposed development projects will have
to meet the front setback of the R-3 or R-4 zoning district that the TH designation is
combined with for purposes of urban streetscape consistency. In addition, rear and
side yard setbacks are established to ensure adequate safety requirements are met and
a more gradual transition scale occurs between existing neighborhoods and the higher
density development anticipated for the Priority Housing Sites. A few basic design
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standards are also included as part of the zoning, such as requir ing front stoops and
entry features to face streets. Private open spaces are required in accordance with the
underlying R-3 or R-4 zoning for all properties within the TH Combined District.
Chapter 19.50 – Emergency Shelters: State law (AB 2339) requires the City to allow
emergency shelters by right in at least one zoning district . In order to comply with
state requirements standards have been established through inclusion of a new
Municipal Code chapter, Chapter 19.50, to allow ministerial review of such facilities,
should they be proposed.
Amendments to existing Chapters
In order to ensure consistency with state law and the City’s adopted Housing Element,
changes have been made to various chapters of Title 19 of the Municipal Code, as follows:
Chapter 19.08 (Definitions): to ensure consistency with state law and to assist with
objective application of standards new definitions or modified definitions have been
added for various types of housing addressed by state law that is required to be
permitted by the City within certain zoning districts – whether by right (e.g.
residential care facilities) or via a discretionary permitting process (e.g. Single Room
Occupancy – allowed with CUP in R-4 zoning districts).
Chapter 19.12 (Administration): minor edit to consolidate requirements and to codify a
specific development review process required pursuant to state law (Govt. Code
Section 65589.5), for certain projects, as identified below. This specific language was
presented to HCD staff for review and they have indicated that the proposed
language is acceptable and complies with state housing law:
Residential projects proposed on Priority Housing Sites at a minimum density of
20 dwelling units/acre with a minimum of 20% of the total number of units in the
development affordable to lower income households. However, it should be noted
that any additional permits required must follow the processes of state law (e.g. if
a subdivision accompanies a project, the Tentative Map Permit must follow all
state and local processes for approval of the subdivision).
Low barrier navigation centers and supportive housing with up to 50 units/beds.
Chapter 19.16 (Designations and Establishment of Districts): to establish the new R-4
Residential Zoning District and TH (Townhome) Combining District.
Chapter 19.20 (Permitted, Conditional and Excluded uses in Agricultural and Residential
Zones) and Chapter 19.76 (Public Building (BA), Quasi-Public Building (BQ), and
Transportation (T) Zones): to comply with state law, for internal consistency and clarity
related to the establishment of standards for emergency shelters.
Chapter 19.28 (Single Family Residential (R-1) Zones): to allow duplex development on
corner lots and lots abutting commercial corridors in certain areas in compliance with
Housing Element Strategy HE-1.3.6. This would allow the development of up to 2
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MCA-2023-001, Z-2023-001 Planning Commission
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5
primary units and 2 accessory dwelling units on these lots, for a maximum of 4 units,
with an Administrative Conditional Use Permit.
Chapter 19.32 (Multiple-family Residential (R-3) Zones): to accommodate additional
building height for certain Priority Housing Sites as identified in the Housing
Element, amended side and rear setbacks, and private open space requirements which
align with Heart of the City requirements, since many of the sites are located along
transportation corridors. Additionally, similar to the R -4 zoning district, universal
design standards have been incorporated into the development standards. Existing
language in the Municipal Code regarding maintenance of common open areas,
homeowners’ associations and conditions, covenants and restrictions are added to
this Chapter to ensure these are maintained.
Chapter 19.80 (Planned Development (P) Zones): for internal consistency due to the
establishment of the Multiple Family Residential (R-4) and the Combining Townhome
(TH) zoning districts, and consistency with state law regarding permitted uses in the
P zoning district.
Chapter 19.124 (Parking): to lower the required parking requirements in the R-3 zoning
district and establish parking standards for Emergency Shelters and for the new R-4
and TH zoning districts. It should be noted that a recent change to state law does not
allow the City to require parking within Transit Priority Areas, defined as properties
within ½ mile of major transit stops (AB2097, Friedman)3, 4. At present, there are five
existing and planned major transit stops, by Bay Area Metro, covering most of the
area along Stevens Creek Boulevard east of Highway 85.
Chapter 19.156 (Development Permits, Conditional Use Permits and Variances): to
implement a commitment in the Housing Element identified by HCD related to
findings for housing developments. This change makes the findings required to
approve housing development projects more objective.
Chapter 19.168 (Architectural and Site Approval): to adopt findings necessary to approve
housing development projects that are required to be reviewed pursuant to the by -
right process of state law for certain housing developments with 20% affordable units
for lower income households on Priority Housing Sites.
In addition to the proposed edits in Title 19, edits are also proposed to Chapter 14.15
(Landscape Ordinance), for internal consistency, and to allow implementation of the
water efficient landscape requirements for Townhome developments. An edit is also
proposed to Chapter 17.08 (Standard Environmental Protection Requirements) in order
to correct an error.
3 Online at: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2097 .
4 Major transit stops are defined in state law. See online at: Transit Priority Areas (2021) | Transit Priority
Areas (2021) | Metropolitan Transportation Commission (ca.gov)
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6
Specific Plan Amendments
Proposed amendments to the Heart of the City Specific Plan are limited solely to text and
map edits necessary for consistency with the required rezoning for Priority Housing Sites
(see Attachment B).
Below Market Rate (BMR) Housing Mitigation Manual
Amendments to the BMR Housing Mitigation Manual are solely to update the BMR
program to be consistent with the recently adopted Housing Element. The BMR program
would be amended to require that the threshold at which an in-lieu of fee is paid would
be reduced from six units to four units. Therefore, new residential projects consisting of
five or more units would have to provide BMR units in their development. (See
Attachment B).
Zoning Map Amendment
Amendments are proposed to maintain internal consistency between the General Plan
Land Use Map and the Zoning Map and to reflect the zoning for the Priority Housing
Sites. The Priority Housing Sites are also labeled on the map for ease of identification.
Other minor edits have been made to the various colors and labels on the map for
improved clarification and consistency, which do not change applicable development
standards or zoning for any properties (See Attachment C).
Environmental Assessment
On February 3, 2023, the California Housing Defense Fund and Yes in My Backyard
(YIMBY) filed a lawsuit due to the City missing the January 31, 2023 deadline for adoption
of the 6th Cycle Housing Element. In January 2024, the City entered into a stipulated
judgment to settle the lawsuit. As a result, pursuant to Government Code Section 65759
et seq., any actions that the City takes to adopt a compliant housing element, including
rezoning actions to implement the Housing Element, are exempt from the California
Environmental Quality Act (CEQA). In lieu of CEQA compliance, Government Code
section 65759 requires that an environmental assessment (EA) in the form of a Draft
Environmental Impact Report (EIR) be prepared and adopted as part of the General Plan.
The EA was prepared and adopted as Appendix G of the General Plan on May 14, 2024.
Next Steps
The Planning Commission’s recommendation will be presented to the City Council for
final action in July 2024. In addition to the zoning changes presented at this meeting,
ongoing Housing Element implementation work will continue with the preparation of
Objective Design Standards for multi-family and mixed-use development which will be
presented to the Commission for its review and recommendation later in 2024.
Prepared by: Piu Ghosh, Planning Manager
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MCA-2023-001, Z-2023-001 Planning Commission
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7
Reviewed and Approved by: Luke Connolly, Assistant Director of Community
Development
Attachments:
A – Draft Resolution – Municipal Code Amendments
B – Draft Resolution – Heart of the City Specific Plan and BMR Mitigation Manual
Amendments
C – Draft Resolution – Zoning Map Amendments
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MCA‐2023‐001
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
DRAFT RESOLUTION
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF
PROPOSED MUNICIPAL CODE AMENDMENTS ALLOWING FOR
CONSISTENCY WITH THE 6TH CYCLE HOUSING ELEMENT AND MINOR
EDITS FOR CLARITY
The Planning Commission recommends approval of the Municipal Code Amendments to
the City of Cupertino Municipal Code with the findings reflected in the Draft Ordinance
attached hereto as Exhibit MCA.
PASSED AND ADOPTED this 11th day of June 2024, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
Piu Ghosh David Fung, Chair
Planning Manager Planning Commission
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ORDINANCE NO. 24‐
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO AMENDING VARIOUS CHAPTERS IN TITLE 14, TITLE 17
AND TITLE 19, INCLUDING BUT NOT LIMITED TO THE ADDITION
OF THREE NEW CHAPTERS IN TITLE 19, TO IMPLEMENT POLICIES
IN THE GENERAL PLAN AND FOR CLARITY
SECTION I: PROJECT DESCRIPTION
Application No: MCA‐2023‐001
Applicant: City of Cupertino
Location: Citywide/Various locations
SECTION II: RECITALS
WHEREAS, state law requires the City to prepare and adopt an updated Housing
Element every eight years to accommodate its fair share of housing and identify housing
needs, resources and opportunities;
WHEREAS, pursuant to State Housing Law, the City prepared and presented its most
recent draft 6th Cycle Housing Element to the California Department of Housing and
Community Development (HCD) on March 28, 2024,
WHEREAS, HCD informed the City in a letter dated April 10, 2024 that the proposed
Draft Housing Element is conditionally certified, pending rezoning of the Priority
Housing Sites, and any associated rezoning required, to accommodate the City’s Regional
Housing Needs Allocation (RHNA); and
WHEREAS, the City Council adopted the City’s 6th Cycle Housing Element and
associated General Plan Amendments on May 14, 2024 with Resolution 24‐XXXX; and
WHEREAS, the Municipal Code amendment will be consistent with the Cityʹs General
Plan land use map, proposed uses and surrounding uses; and
WHEREAS, the necessary public notices have been given as required by the Municipal
Code of the City of Cupertino and the Government Code, and the Planning Commission
held a public hearing on June 11, 2024 to consider the project; and
WHEREAS, based on substantial evidence in the administrative record, on June 11, 2024
the Planning Commission recommended that the City Council adopt the Municipal Code
Amendments to make changes to conform to the General Plan and Housing Element and
other clean up text edits (MCA‐2023‐001) in substantially similar form to the Resolution
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presented (Resolution no. XXXX); approve the Zoning Map Amendments, Z‐2023‐001, in
substantially similar form to the Resolution presented (Resolution no. XXXX); approve
the Specific Plan Amendments (SPA‐2024‐001) in substantially similar form to the
Resolution presented (Resolution no. XXXX); and
WHEREAS, the City Council of the City of Cupertino held a duly noticed public hearing
on July X, 2024, and after considering all testimony and written materials provided in
connection with that hearing introduced this ordinance and waived the reading thereof;
and
WHEREAS, the City Council of the City of Cupertino is the decision‐making body for
this Ordinance;
WHEREAS, the City entered into a Stipulated Judgment dated January 8, 2024 pursuant
to a lawsuit related to adoption of the Housing Element which included requirements for
coming into compliance with state housing element law ________ and exempted the City
from the California Environmental Quality Act (“CEQA”) pursuant to Government Code
section 65759; and
WHEREAS, pursuant to Government Code 65759, the General Plan Amendment to adopt
the Housing Element and associated amendments to the General Plan and zoning is fully
described and analyzed in the Environmental Assessment, which is incorporated into the
General Plan as Appendix G; and
WHEREAS, it is the intent of the City Council, in enacting this Ordinance to make text
amendments to improve conformity with State Law, improve readability, consistency
and eliminate redundancies and
WHEREAS, The City Council of the City of Cupertino finds that:
1. The proposed zoning is in accord with the Municipal Code and the Cityʹs
Comprehensive General Plan.
The proposed zoning is in conformance with the General Plan since the City Council adopted
amendments to the General Plan, including changes to land use designations, in May 2024
with adoption of the Housing Element. These changes are mere conforming changes to make
the City’s zoning map conform to the land use map.
2. The proposed zoning is in compliance with the provisions of the California
Environmental Quality Act (CEQA).
Pursuant to Govt. Code Section 65759, the zoning actions related to bringing the City’s
Housing Element into compliance with state law are exempt from CEQA. An Environmental
Assessment was prepared, also in compliance with state law. This Environmental Assessment
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identified all feasible mitigation measures and was adopted as Appendix G – General Plan
2040 and Zoning Code Amendments Environmental Assessment of the General Plan as
required by state law.
3. The site(s) are physically suitable (including, but not limited to, access, provision of
utilities, compatibility with adjoining land uses, and absence of physical constraints)
for the proposed zoning designation(s) and anticipated land use development(s).
The sites being rezoned have access to utilities and are compatible with adjoining land uses.
4. The proposed zoning will promote orderly development of the City.
The proposed changes allow the City to comply with the requirements of state law related to
housing and to allow development contemplated in the Housing Element on the sites identified
as Priority Housing Sites. The proposed regulations are designed to accommodate development
at the densities envisioned in the Housing Element.
5. That the proposed zoning is not detrimental to the health, safety, peace, morals and
general welfare of persons residing or working in the neighborhood of subject parcels.
The proposed zoning is not detrimental to the health, safety, peace, morals and general welfare
since these are conforming changes. Additionally, where health or safety impacts have been
identified mitigation measures have been identified which would be applicable to any
development on these sites, including those implemented through the City’s existing
Municipal Code requirements.
6. The proposed amendments are internally consistent with Title 19.
The proposed amendments are internally consistent with the existing language in the
Municipal Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES
ORDAIN AS FOLLOWS:
Section 1. Amendments.
The amendments indicated in Attachment I are hereby incorporated into the Municipal
Code. Text added to existing provisions is shown in bold double‐underlined text
(example) and text to be deleted in shown in strikethrough (example). Text in existing
provisions is not amended or readopted by this Ordinance. Text in italics is explanatory
and is not an amendment to the Code.
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
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section, sub‐section, paragraph, sub‐paragraph, sentence, clause 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 Quality Act.
Adoption of these zoning amendments to allow implementation of the Housing Element
is exempted from the California Environmental Quality Act (“CEQA”) pursuant to
Government Code section 65759.
Section 4. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days from and 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 the ____ day of
___________ 2024 and ENACTED at a regular meeting of the Cupertino City Council on
this ____ day of ___________ 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
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______________________
Sheila Mohan, Mayor
City of Cupertino
________________________
Date
ATTEST:
_______________________
Kirsten Squarcia, City Clerk
________________________
Date
APPROVED AS TO FORM:
_______________________
Christopher D. Jensen, City Attorney
________________________
Date
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ATTACHMENT I
19.08: Definitions
19.08.030: Definitions
“Duplex” means a residential development, on a lot under one ownership, containing not more
than two kitchens, designed and used as two attached or detached primary dwelling units, of
comparable size (i.e., no more than 200 square‐foot difference between primary dwelling
units), independent of each other, and having no internal connection.
ʺCongregate residenceʺ means any building or portion which contains facilities for living,
sleeping and sanitation, as required by the California Building Code and may include facilities
for eating and cooking for occupancies other than a family. A congregate residence may be a
shelter, convent or monastery but does not include jails, hospitals, nursing homes, homes for
disabled persons, residential care facilities, supportive or transitional housing, hotels or
lodging houses.
Emergency Shelter:
ʺEmergency shelter, rotatingʺ means a facility or program, including Rotating Safe Car Park,
that provides temporary housing with minimal supportive services for people experiencing
homelessness and meets criteria in Section Chapter 19.5076.030(2).
ʺEmergency shelter, permanentʺ means a permanently operated facility that provides
temporary housing with minimal supportive services for people experiencing homelessness
pursuant to California Health and Safety Code Section 50801(e) and meets criteria in
Section Chapter 19.5076.030(3). Permanent emergency shelters include other interim
interventions, including but not limited to, bridge housing and respite or recuperative care.
ʺEntry featureʺ means a structural element (e.g., porch, stoop), projecting from the front wall
of a building that connects a building entrance, usually for a dwelling unit, to a walkway or
sidewalk and is generally sheltered by a canopy or roof and accompanied by a landing, stairs,
or ramp.which leads to an entry door.
“Live/work unit” means a free‐standing residential unit or a unit within a multiple‐family
residential development used for commercial or office and residential purposes where the
residential use of the space is accessory to the primary use as a place of work. A live/work unit
shall meet the following: (a) combines a commercial or office activity allowed in the
underlying zoning district with a residential living space for the owner of the business, or the
owner’s employee, and that person’s household; (b) the resident owner or employee of the
business is responsible for the commercial or office activity performed; (c) the business
activity conducted takes place subject to a valid business license associated with the premises;
and (d) active commercial, or office uses, shall be oriented along the street frontage with the
residential component of the unit located behind or above the commercial or office space.
ʺLow‐Barrier Navigation Center” means a facility that meets all of the requirements of
Government Code Sections 65660 et seq.
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ʺPriority Housing Sites” means sites designated in the Housing Element that are assumed to
meet the City’s Regional Housing Needs Allocation. Priority Housing Sites shall be shown on
the City’s General Plan Land Use Map.
ʺResidential Ccare Ffacilityʺ means a residential building or portion designed or used for the
purpose of providing twenty‐four‐hour‐a‐day nonmedical residential living
accommodationscare of persons in need of personal services, supervision, or assistance
essential for sustaining the activities of daily life or for the protection of the individual
pursuant to the Uniform Building, Housing and Fire Codes, in exchange for payment of money
or other consideration, where the duration of tenancy is determined, in whole or in part, by the
individual residentʹs participation in group or individual activities such as counseling, recovery
planning, medical or therapeutic assistance. Residential care facility includes, but is not limited
to, health facilities as defined in California Health and Safety Code (H&SC Section 1250 et seq.),
community care facilities (H&SC Section 1500 et seq.), residential care facilities for the elderly
(H&SC Section 1569 et seq.) or facilities for the mentally disordered or otherwise handicapped
(W&I Code Section 5000 et seq.), alcoholism or drug abuse recovery or treatment facilities (H&SC
Section 11384.11), and other similar care facilities.
ʺResidential Care Facility, Licensedʺ means any residential care facility licensed by the state.
1. Large Licensed Residential Care Facility means a licensed residential care facility which
serves seven (7) or more clients, not including provider, provider family or staff.
2. Small Licensed Residential Care Facility means a licensed residential care facility which
serves six (6) or fewer clients, not including provider, provider family or staff.
“Residential Care Facility, Unlicensed” means any residential care facility not required to be
licensed by the state and operated as a single housekeeping unit.
ʺResidential district,ʺ for purposes of the Sign Ordinance, means the R‐1, RHS, R‐2, R‐3, R‐4, R1C,
A, and A1 zoning classifications or TH combining district, which are consistent with the
residential designation of the Cupertino Ggeneral Pplan.
“Short‐term rental” means any legally permitted dwelling unit, or portion thereof, made available
for rent on a transient occupancy basis. Short‐term rental use shall not be considered a hotel or
single room occupancy use.
“Single family residence,” for purposes of Chapter 19.112, shall mean one dwelling unit located
on a separately owned lot, including custom‐ built on site, factory‐built, manufactured, or
modular housing. Single family residence does not include property with only air parcels, or
condominiums, or townhomes.
“Single Housekeeping Unit” means one or more individuals occupying a dwelling unit with
common access to, and common use of, living and eating areas and facilities for the preparation
and storage of food, within the dwelling unit.
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ʺSingle room occupancy (SRO) living unitʺ means an individually secure residential unit
between 150 and 400 square feet in size. SROs are not required to, but may, contain partial or
full bathroom and kitchen facilities. SROs include extended stay hotels intended for long‐term
occupancy (more than 30 days) but do not include other hotels or residential care facilities.
ʺStepback” means a change in the vertical plane of a building where upper‐story areas of the
building wall are setback from the building wall of the story directly below.
ʺSupportive housingʺ means housing with no limit on length of stay, that is occupied by the target
population, and that is linked to onsite or offsite services that assist the supportive housing
resident in retaining the housing, improving his or her health status, and maximizing his or her
ability to live and, when possible, work in the community, or as otherwise defined in
Government Code Section 65582(g). The “target population” is as defined in Government
Code Section 65582(i).
“Supportive housing, permanent” means housing as defined in Government Code Section
65650(a) with a maximum of 50 units serving the target population as defined in Government
Code Section 65650(c) and meeting all of the requirements of Government Code Sections 65650
et seq.
ʺTarget populationʺ (per CA Government Code 65582(g), as may be amended) means persons
with low incomes having one or more disabilities, including mental illness, HIV or AIDS,
substance abuse, or other chronic health conditions, or individuals eligible for services provided
under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with
Section 4500) of the Welfare and Institutions Code).
“Townhome” or “rowhouse” means a group of two or more attached dwelling units where
units are separated from others by a common or party wall, no unit is located over another unit,
each unit has its own front and rear ground floor access to the outside, and owners have fee
simple title to the air space of the unit. Townhomes do not include duplexes legally built on
properties where such uses are permitted.
19.12: Administration
19.12.020: Applicability of Regulations
A. In the A, A‐1, 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,and Chapter 19.40and Chapter 19.44;
B. In R‐2, R‐3, R‐4, R1C, TH and all Commercial, Industrial, Office, Planned Community Zoning
Districts, and other non‐residential zoning districts:
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5. Conditional uses in accord with Chapter 19.20, Chapter 19.32, Chapter 19.36, Chapter
19.38, Chapter 19.44, Chapter 19.46, 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.
19.12.030: Approval Authority
Table 19.12.030 – Approval Authority
Type of Permit or
Decision A, B
Admin‐
istrative
ReviewA,B
Arts and
Culture
Commission
Planning
Commission
City
Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing
Radius D
Posted
Site
Notice
Expiration
Date E
Chapter/
Findings
General Plan Amendment
Major F ‐ ‐ R F PH CA. Govt.
Code 65350‐
65362
Yes ‐ CA. Govt.
Code
65350‐
65362
Minor G ‐ ‐ R F PH Yes ‐
Zoning Map Amendments
Major F ‐ ‐ R F PH CA. Govt.
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 A1/F PM 19.12.110/300ʹ Yes 2 years 19.156.050
Minor G F ‐ A1 A2 PM Yes 2 years
Conditional Use Permits
Major F, H, I F ‐ A1/F/R A1/ A2/F PH CA. Govt.
Code 65905
Yes 2 years
19.156.050
Minor G, I F ‐ A1/F/R A1/ A2/F PH Yes 2 years
Temporary F ‐ A1 A2 ‐ None No 1 year None/
19.160.030
Density Bonus
(Residential) ‐ ‐ R F
Based on
concurrent
application
19.56
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Type of Permit or
Decision A, B
Admin‐
istrative
ReviewA,B
Arts and
Culture
Commission
Planning
Commission
City
Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing
Radius D
Posted
Site
Notice
Expiration
Date E
Chapter/
Findings
Density Bonus P Section 19.56.060 B
Adult‐Oriented
Commercial Activity
(CUP)
‐ R F PH
CA. Govt.
Code
65905/300ʹ
Yes 2 years
19.128.030
&
19.128.040
Architectural and Site Approval
Major J, P F ‐ A1 A2 PM
19.12.110/
Yes 2 years
19.168.030
Minor K F ‐ A1 A2 PM Yes 2 years
Amendment
Major F, H ‐ ‐ F A1 Varies L
Depends on
permit being
amendedL
Yes 2 years
19.44,
19.144,
19.156,
19.164 Minor G F ‐ A1 A2 Varies L Yes 2 years
Minor Modification F ‐ A1 A2 ‐ None No 2 years 19.164
Hillside Exception/
Height Exception/
Heart of the City
Exception I
‐ ‐ F A1 PH 19.12.110/300ʹ Yes 2 years
19.40.080,
19.24.070,
19.136.090
Variance F ‐ A1 A2 PH CA. Govt.
Code 65905 Yes 2 years 19.156.060
Status of non‐
conforming Use ‐ ‐ F A1 PH 19.12.110/300ʹ Yes ‐ 19.140.110
Wireless Antennas I F ‐ F/ A1 A2 Varies I
Depends on
application
type
Yes 2 years 19.136.090
Signs
Permits F ‐ A1 A2 ‐ None No 1 year 19.104
Neon, Reader board &
Freeway Oriented
Signs I
F ‐ F/A1 A1/A2 PM 19.12.110/300ʹ No 1 year 19.104
Programs F ‐ A1 A2 ‐ None No 1 year 19.104
Exceptions I ‐ ‐ F A1 PM 19.12.110/
Adjacent Yes 1 year 19.104.290
Parking Exceptions I F F FA1 A1 /A2 Varies M
19.12.110/
Adjacent/
300ʹ N
Yes 1 year 19.124.050
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Type of Permit or
Decision A, B
Admin‐
istrative
ReviewA,B
Arts and
Culture
Commission
Planning
Commission
City
Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing
Radius D
Posted
Site
Notice
Expiration
Date E
Chapter/
Findings
Fence Exceptions F ‐ A1 A1 L PM 19.12.110/
Adjacent Yes 1 year 19.48.060
Front Yard
Interpretation F ‐ ‐ A1 PM 19.12.110/
Adjacent Yes 1 year 19.08
R‐1 Ordinance Permits
Residential Design
Review I F F F/A1 A1 L /A2 Varies I
19.12.110/
Adjacent
Yes 1 year 19.28.140
Minor Residential F ‐ A1 A2 CP No 1 year
Exceptions I ‐ F ‐ A1 M PM Yes 1 year
Miscellaneous
Ministerial Permit F ‐ ‐ ‐ None Adjacent Yes 1 year
19.28.150
and
19.40.090
Protected Trees
Tree Removal F ‐ A1 A2 CP
Adjacent
unless
exempt
Yes 1 year 14.18.180
Heritage Tree
Designation & Removal ‐ ‐ F A1 PM 19.12.110/
300ʹ Yes ‐ 14.18
Tree Management Plan F ‐ A1 A2 ‐ None No ‐ 14.18
Retroactive Tree
Removal F ‐ A1 A2 ‐ None No ‐ 14.18
Reasonable
Accommodation F ‐ A1 A2 ‐ None No 1 year 19.52.050
Extensions P
Parking, Fence & Sign
Exceptions & Front
Yard Interpretations
F ‐ A1 A2 ‐ None No 1 year
Neon, Reader board &
Freeway Oriented
Signs
F A1 A2 ‐ None No 1 year
Two Story Permits,
Minor Residential
Permits and Exceptions
F A1 A2 ‐ None No 1 year
Tree Removals F ‐ A1 A2 ‐ ‐ No 1 year
All other projects F ‐ A1 A2 ‐ 19.12.110/
None No 2 years
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Type of Permit or
Decision A, B
Admin‐
istrative
ReviewA,B
Arts and
Culture
Commission
Planning
Commission
City
Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing
Radius D
Posted
Site
Notice
Expiration
Date E
Chapter/
Findings
Miscellaneous
Ministerial Permit Not Allowed
Public Art Architectural and Site Approval Permits
Public Art ‐ F ‐ A1 PM None None None 2.80 and
19.148
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
A1—Appeal Body on first appeal. Only one appeal allowed for
housing developments eligible for by‐right approval.
A2—Appeal body on second appeal. Only one appeal
allowed for housing developments eligible for by‐
right approval.
PH—Public Hearing PM—Public Meeting
CP—Comment Period
Notes:
J. Major Architectural and Site Approval application ‐ architectural and site approval for all
projects that are not a Minor Architectural and Site Approval application. Also see Note P.
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, permanent supportive housing with up to 6 units subject
to by‐right processing as required by Government Code Section 65650 et seq., redevelopment
or modification in such zones where review is required, and minor modifications of duplex and
multi‐family buildings.
P. i. Housing Development projects located on Priority Housing Sites, identified to meet the
lower income RHNA in the City’s Housing Element (Tables B4‐7 and B4‐9), are required to
be developed at a minimum density of 20 dwelling units per acre. Housing Development
projects that provide at least 20% of the total units in the development as affordable to lower
income households, are eligible for by‐right approval as defined in Government Code
Section 65583.2(i), which means that they are exempt from CEQA and subject only to design
review based on objective standards. Major Architectural and Site Approval shall be
processed as follows:
Administrative Review at an Administrative Hearing for a project with up to 50 units
Planning Commission review for projects with greater than 50 units.
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Any subdivision of the Priority Housing Sites shall be subject to all laws, including, but not
limited to, the Subdivision Map Act and Title 18 of the Municipal Code.
ii. Permanent supportive housing with between 7 and 50 units and low barrier navigation
centers are subject to by‐right Major Architectural and Site Approval as defined in
subsection (i) above and shall be reviewed and approved as required by Government Code
Section 65650 et seq., for supportive housing, and Government Code Section 65660 et seq. for
low barrier navigation centers.
19.12.080: Application Process
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:
12. Zoning Map or Text Amendments shall also include information required per Chapter
19.152.
b. Zoning applications for Multiple‐Family (R‐3 and R‐4) Residential or Townhome (TH)
Combining District shall also include information required per Sections 19.36.040, 19.38.040, and
19.46.040; and
18. A grading plan clearly identifying existing contours and finished grading in relation to
proposed construction. The grading plan shall denote the location of all nonfruit trees with a
trunk diameter as identified in Chapter 14.15, the Protected Tree Ordinance and any special
status plant species.
19.16: Designations and Establishment of Districts
19.16.010: Zoning Districts Designated
A. The several classes of general base districts into which the City is divided are identified in
Table 19.16.010A below:
Table 19.16.010A ‐– Base Zoning Districts
Zoning Map Designation and District Name Chapter Number
R‐3 Medium, Medium/High, and High Density
Multiple‐Family Residential Zone
19.36
R‐4 High/Very High, Very High, and Highest
Density Multiple‐Family Residential Zone
19.38
B. Combining district(s) are identified in Table 19.16.010B below.
Table 19.16.010B ‐ Combining Districts
Zoning Map Designation and District Name Chapter Number
TH Townhome Combining District 19.46
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CB. In addition to the base zonesing districts identified in Table 19.16.010A and combining
districts identified in Table 19.16.010B, the City may establish separate zoning districts in
individual specific plans adopted to promote the orderly development of the plan area. These
zoning districts are identified in Table 19.16.010CB below:
Table 19.16.010CB ‐ Specific Plan Districts
Zoning Map Designation Specific Plan Name
Heart of the City Heart of the City
Land uses, parcel level zoning, and development standards within a specific plan zone shall be
as prescribed in the specific plan.
19.16.020: References to Base Zoning Districts
Residential Base Zoning District Restrictive Reference
Most restrictive
RHS
R1C
R‐1
R‐2
R‐3
R‐4
Least restrictive
19.20: Permitted, Conditional, and Excluded Uses in Agricultural
and Residential Zones
19.20.010: Applicability of Regulations.
No building, or structure, or land shall be used in an A, A‐1, R‐1, RHS, R1C, R‐2, or R‐3, or R‐4
zoning district or TH combining district, otherwise than in conformance with the provisions of
this chapter.
19.20.020: Permitted, Conditional and Excluded Uses in Agricultural and
Residential Zones
Uses A A‐1 R‐1 RHS R1C R‐2 R‐3 R‐4
1. Agriculture, horticulture,
viticulture, and forestry, including
the following and similar uses:
P P ‐ ‐ ‐ ‐ ‐ ‐
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Uses A A‐1 R‐1 RHS R1C R‐2 R‐3 R‐4
a. Field and truck crops,
including drying and
storage,
P P ‐ ‐ ‐ ‐ ‐ ‐
b. Orchards and vineyards,
including bottling and
storage,
P P ‐ ‐ ‐ ‐ ‐ ‐
c. Tree farms, botanical
conservatories, and
arboreta,
P P ‐ ‐ ‐ ‐ ‐ ‐
d. Barns and sheds, P P ‐ ‐ ‐ ‐ ‐ ‐
e. Keeping of draft animals,
animals providing products
used on the property,
P P ‐ ‐ ‐ ‐ ‐ ‐
f. Livestock ranches and dairy
farms depending mainly on
grazing on the property,
P CUP – PC ‐ ‐ ‐ ‐ ‐ ‐
g. Processing of dairy
products produced on the
property,
P CUP – PC ‐ ‐ ‐ ‐ ‐ ‐
h. Poultry raising and
hatcheries,
P CUP – PC See #3327
i. Apiaries, pursuant
to Chapter 8.07,
P CUP – PC See #119
j. Nurseries, greenhouses and
landscaping gardens,
P CUP – PC See #260
k. Boarding kennels, CUP ‐ PC CUP – PC ‐ ‐ ‐ ‐ ‐ ‐
l. Animal breeding; P CUP ‐
Admin.
‐ ‐ ‐ ‐ ‐ ‐
2. Fur farms ‐ CUP – PC ‐ ‐ ‐ ‐ ‐ ‐
3. Retail sale of wine, fruit or
berries produced on the
property;
CUP ‐ CC CUP ‐ CC ‐ ‐ ‐ ‐ ‐ ‐
4. Single‐family dwelling unit
with not more than oOne
primary dwelling unit per
lot/defined air space for
condominiums;
P P P P P ‐ ‐ ‐
5. Two‐story structures in an
area designated for a one‐story
limitation pursuant to
Section 19.28.040(I) of this
‐ ‐ CUP ‐ PC ‐ ‐ ‐ ‐ ‐
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Uses A A‐1 R‐1 RHS R1C R‐2 R‐3 R‐4
chapter, provided that the
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;
6. Duplex with not more than
two primary dwelling units per
lot
‐ ‐ See
Chapter
19.28
‐ ‐ P ‐ ‐
76. Employee housing:
a. For six or fewer employees
in each dwelling unit on
each lot
P P P P P P P P
b With no more than 36
beds in group quarters or
12 units/spaces designed
for use by a single family
or household on each lot
P P ‐ CUP‐
Admin.
‐ ‐ ‐ ‐
87. An accessory dwelling unit
that conforms to the
requirements of Chapter 19.112;
P P P P P P P P
89. Multiple‐family residential
dwellings
‐ ‐ ‐ ‐ ‐ ‐ P P
10. Townhome residential
dwellings
‐ ‐ ‐ ‐ ‐ ‐ P3 P3
119. Accessory facilities and uses
customarily incidental to
permitted uses and otherwise
conforming with the provisions
of Chapter 19.100 of this title;
P P P P P P P P
120. Utility facilities essential to
provision of utility services to the
neighborhood but excluding
business offices, construction or
storage yards, maintenance
facilities, or corporation yards;
‐ ‐ P ‐ ‐ P CUP ‐ CC CUP‐CC
131. Temporary buildings for
construction purposes (including
trailers) for a period not to
exceed the duration of such
construction;
‐ ‐ ‐ ‐ ‐ ‐ P P
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Uses A A‐1 R‐1 RHS R1C R‐2 R‐3 R‐4
124. Home occupations:;
a. When accessory to
permitted use and
otherwise conforming to
the provisions of Chapter
19.120 of this title;
P P P P P P P P
b. Requiring a Conditional
Use Permit pursuant to
Chapter 19.120 of this title;
CUP ‐
Admin.
CUP ‐
Admin.
CUP ‐
Admin.
CUP ‐
Admin.
CUP ‐
Admin.
CUP ‐
Admin.
CUP ‐
Admin.
CUP ‐
Admin.
c. Short‐term rentals
pursuant to Chapter
5.08 of the Municipal Code
P P P P P P P P
153. Small‐family day care
home per dwelling unit;
P P P P P P P P
164. Large‐family day care home per dwelling unit:;
a. Which meets the parking
criteria contained
in Chapter 19.124, and
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;
P P P P P P CUP ‐
Admin.P
P
b. Which otherwise does not
meet the criteria for a
permitted use. The
conditional use permit shall
be processed as provided
by CA. Health and Safety
Code Section 1597.46(3);
CUP ‐
Admin.
CUP ‐
Admin.
CUP ‐
Admin.
CUP ‐
Admin.
CUP ‐
Admin.
CUP ‐
Admin.
CUP ‐
Admin.
CUP ‐
Admin.
175. Small licensed rResidential
care facility, located in housing
of a type permitted in the zone
and, where required by state
law, is at least 300 feet from
another regulated community
P P P P P P P P
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Uses A A‐1 R‐1 RHS R1C R‐2 R‐3 R‐4
care facility with six or fewer
residents, not including the
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:;
16. Residential care facility, in
each dwelling unit, with seven or
greater residents, not including
the provider, provider family or
staff, is a 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; 18.
Large licensed residential care
facility, located in housing of a
type permitted in the zone and,
where required by state law, is
at least 300 feet from another
regulated community care
facility
CUP ‐ PC CUP ‐ PC CUP ‐ PC CUP ‐ PC CUP ‐ PC CUP ‐
PC
CUP ‐ PC CUP‐PC
19. Unlicensed Residential Care
facility located in housing of a
type permitted in the zone
P P P P P P P P
1720. Congregate residence, in
each dwelling unit:
a. With six or fewer residents P P P P P P P P
b. With seven or greater
residents which is a
minimum distance of one
thousand feet from the
boundary of another
congregate residence and
has a minimum of seventy‐
five square feet of usable
rear yard area per occupant
CUP ‐ PC CUP ‐ PC CUP ‐ PC CUP ‐ PC CUP ‐ PC CUP ‐
PC
CUP ‐ PC CUP‐PC
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Uses A A‐1 R‐1 RHS R1C R‐2 R‐3 R‐4
1821. Transitional housing
located in housing of a type
permitted on the zone;
P P P P P P P P
1922. Supportive housing
located in housing of a type
permitted in the zone
P P P P P P P P
23. Supportive housing,
permanent, with no more than 50
units
P4 P4
24. Single‐room occupancy
(SRO) units
‐ ‐ ‐ ‐ ‐ ‐ ‐ CUP
25. Permanent emergency
shelter that complies with
Chapter 19.50
‐ ‐ ‐ ‐ ‐ ‐ ‐ P
260. Horticulture, gardening, and growing of food products:;
a. Recreational for personal
use;
P P P P P P ‐ ‐
b. Limited to maximum of ten
percent of the lot area and
for consumption by
occupants of the site;
‐ ‐ ‐ ‐ ‐ ‐ P P
c. Produce grown on site may
be sold if the business
activity is conducted in a
manner consistent with
Chapter 19.120, Home
Occupations
‐ ‐ ‐ P ‐ ‐ ‐ ‐
d. Commercial purposes; See #1 See #1 ‐ CUP ‐
Admin.
‐ ‐ ‐ ‐
271. Limited commercial
recreation uses, such as riding
clubs and related stables and
trails, golf courses, swimming
and picnic grounds;
‐See #37 ‐See #37 ‐ CUP ‐ PC ‐ ‐ ‐ ‐
282. Golf courses and driving
ranges;
CUP ‐ CC CUP ‐ CC ‐ ‐ ‐ ‐ ‐ ‐
293. Commercial swimming
pools and picnic areas;
CUP ‐ CC CUP ‐ CC ‐ ‐ ‐ ‐ ‐ ‐
3024. Temporary uses subject to
regulations established
by Chapter 19.156
CUP ‐
Admin.
CUP ‐
Admin.
CUP ‐
Admin.
CUP ‐
Admin.
CUP ‐
Admin.
CUP ‐
Admin.
CUP ‐
Admin.
CUP‐
Admin.
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Uses A A‐1 R‐1 RHS R1C R‐2 R‐3 R‐4
3125. Buildings or structures
which incorporate solar design
features that require variation
from setbacks upon a
determination by the Director
that the design feature, or
features, will not result in
privacy impacts, shadowing, or
intrusive noise, odor, or other
adverse impacts to the
surrounding area.
CUP ‐
Admin.P
CUP ‐
Admin.P
‐P CUP ‐
Admin.P
‐P ‐P ‐P P
3226. Transmission lines,
transformer stations, television
and radio towers, and other
public utility and communication
structures;
CUP ‐ PC CUP ‐ PC ‐ ‐ ‐ ‐ ‐ ‐
3327. Adult (over 4 months of age) household pets per dwelling unit, limited as follows:
a. No specified number P P ‐ ‐ ‐ ‐ ‐ ‐
b. Maximum of four,
provided no more than two
adult dogs or cats may be
kept on the site
‐ ‐ P ‐ P P P P
c. Limited to one per three
thousand square feet of lot
area, except:
1.i. Dogs are limited to a
maximum of two on lots
less than one acre and four
for lots greater than one
acre; and
2.ii. The number of geese,
ducks, chickens, rabbits
and other farm animals are
not limited on a site greater
than one acre.
‐ ‐ ‐ P 2† ‐ ‐ ‐ ‐
3428. Litter of dogs or cats up to four months of age:;
a. No specified number P P ‐ P ‐ ‐ ‐ ‐
b. Maximum of one ‐ ‐ P ‐ P P P P
3529. 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
See #1 See #1 ‐ P †2 ‐ ‐ ‐ ‐
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Uses A A‐1 R‐1 RHS R1C R‐2 R‐3 R‐4
of land area, except mules
and donkeys which require
80,000 square feet for the
first animal,
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,
360. The keeping of any animal
not otherwise permitted above:
#2733, 28 34, and 2935
‐ ‐ ‐ CUP ‐
Admin.
‐ ‐ ‐ ‐
3731. Riding academies,
commercial stables, and the
boarding of horses:;
CUP ‐ CC CUP ‐ CC ‐ ‐See #27 ‐ ‐ ‐ ‐
382. Noncommercial stables, and the keeping of riding horses:
a. Limited to three horses on
each lot at the any time
except that additional foals
may be retained for a
period of six months;
P P ‐ ‐See #35 ‐ ‐ ‐ ‐
b. In excess of the number
permitted in #3238(a)
CUP ‐ CC CUP ‐ CC ‐ See #35‐ ‐ ‐ ‐ ‐
393. Cemeteries, crematoriums,
mausolea, and columbariums
CUP ‐ CC CUP ‐ CC ‐ ‐ ‐ ‐ ‐
4034. Mines, quarries and gravel
pits;
CUP ‐ CC CUP ‐ CC ‐ ‐ ‐ ‐ ‐ ‐
4135. Guest ranches; CUP ‐ CC CUP ‐ CC ‐ ‐ ‐ ‐ ‐ ‐
4236. Public and quasi‐public
buildings and uses.
CUP ‐ CC CUP ‐ CC ‐ ‐ ‐ ‐ ‐ ‐
4337. Hog farms; Ex‐ Ex‐ ‐ ‐ ‐ ‐ ‐ ‐
3844. Cattle farms mainly
depending upon feed brought
onto the property;
Ex‐ Ex‐ ‐ ‐ ‐ ‐ ‐ ‐
3945. Slaughterhouses, fertilizer
yards, feed yards, boneyards or
Ex‐ Ex‐ ‐ ‐ ‐ ‐ ‐ ‐
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Uses A A‐1 R‐1 RHS R1C R‐2 R‐3 R‐4
plants for the reduction of animal
matter;
460. Commercial feed sales; Ex‐ Ex‐ ‐ ‐ ‐ ‐ ‐ ‐
471. Other semiagricultural uses
mainly depending upon raw
materials, semifinished products,
or feed brought on to the
property;
Ex‐ Ex‐ ‐ ‐ ‐ ‐ ‐ ‐
482. Other agricultural uses
which, in the opinion of the
Director of Community
Development, create a private or
public nuisance.
Ex‐ Ex‐ ‐ ‐ ‐ ‐ ‐ ‐
Key:
P – Permitted Use
‐ – Not Allowed/Excluded Uses
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
1* – 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.,
† 2 – 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.,
3‐ Permitted only under the Townhome (TH) Combining District
4‐ Permitted by‐right consistent with State law
Ex – Excluded Uses
19.28: Single‐Family Residential (R‐1) Zones
19.28.040: Permits required for development
Table 19.28.040 Permits Required
Planning permit
required prior to
Approval
authority
Type of Project
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building permit
application
K. Conditional Use
Permit pursuant to
Chapter 19.12,
Administration
Admin Rental duplex developments in a single structure on corner lots or on
properties where the adjacent property (1) fronts an arterial or major
collector and (2) is zoned and currently used for commercial or mixed‐
use development. All units shall comply with Section 19.32.060,
Building Development Regulations for Residential Duplex (R‐2), and
are subject to a maximum floor area ratio of 55%. Combined with two
attached and/or detached ADUs, a maximum of four units are
allowed. Units located on property with an “i” or “e” suffix after the
R1 designation are also subject to the respective overlay standards.
19.36: Multiple‐Family Residential (R‐3) Zones
19.36.010: Purpose
The purpose of this chapter is to provide a zoning district permitting medium, medium‐high,
and high density multiple‐family residential uses and to establish the regulations pertaining
thereto. These regulations are intended to guide future multiple‐family residential development
and ensure a healthy functional environment for future residents within the proposed
development and for and between adjoining parcels. The R‐3 zoning district may be combined
with the townhome (TH) zoning district in accordance with Chapter 19.46.
19.36.020: 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 a multiple‐family residential (R‐3) zoning district,
otherwise than in conformance with the provisions of this chapter and other applicable provisions
of this title.
B. Reasonable Accommodation: Notwithstanding 19.36.020(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, acts as a barrier to fair housing opportunities, pursuant to Chapter
19.520.
19.36.030: Permitted, Conditional, and Excluded Uses
Permitted, Conditional, and Excluded Uses that may be conducted fromon property zoned
multiple‐family residentialR‐3 are identified in Section 19.20.020.
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19.36.040: Development Plan Required
An application for development on a parcel presently zoned R‐3 shall require submittal of all
materials identified in Chapter 19.12. The Community Development Director may establish
development plan application requirements beyond those required by Chapter 19.12.
A. An application for development in R‐3 zones, shall in addition to the information required
by Chapter 19.12, be accompanied by a development plan that includes the following:
1. The Architectural theme of the development, including the location of buildings on the lot,
building configurations, building heights, private patio and balcony areas, fence lines, and
general window locations;
2. A description of the private outdoor area for each dwelling unit and a description of the
degree of visual intrusion into adjoining properties which may result upon implementation
of the project. The visual analysis shall include scale cross‐sections if deemed essential to
interpret the degree of visual intrusion into private outdoor or indoor space;
3. A grading plan describing existing contours and finish grading in relation to proposed
construction. The grading plan shall denote the location of all nonfruit trees with a trunk
diameter as identified in Chapter 14.15, the Protected Tree Ordinance;
4. The location of areas proposed for vehicular circulation and for landscaping.
19.36.050: Permit Required for Development
A. No building permit may be issued for development on a parcel proposal of a vacant property
presently zoned multiple‐family residential (R‐3) until a development plan is approved with as
part of a development permit pursuant to Chapters 19.12 and 19.156. Housing development
projects on Priority Housing Sites considered by‐right pursuant to state law shall be processed
as identified in Table 19.12.030.
19.36.060: Site Development Regulations
Table 19.36.060 sets forth the rules and regulations pertaining to the Development Regulations
for the development of property zoned multiple‐family residential (R‐3).
Table 19.36.060 Site Development Regulations
A. Density – Maximum number of
units cannot exceed that allowed by the
General Plan
1. Maximum as designated in the General Plan.
2. Development on sites with a minimum density shall meet
the minimum density established on the General Plan Land
Use map.
Number of Units Dwelling Net Lot Area
Up to 3 unitsB. Minimum Net Lot
Area
9,300 square feet
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Over 3 2,000 additional square feet per dwelling unit
CB. Minimum Lot Width (measured at
front building setback line)
70 feet at front building setback line
19.36.070: Building Development Regulations
Table 19.36.070: Building Development Regulations
Projects with up to four units Projects with five or more units
A. Maximum Lot
Coverage
40% of net lot area, unless
inconsistent with Govt. Section
65913.11
55% of net lot area, unless
inconsistent with Govt. Section
65913.11
B. Maximum Height Limited to two stories (not to exceed
30 feet)
Not to exceed 30 feet unless a
different height is identified by
General Plan Figure LU‐2.
C. Setbacks and Stepbacks
Projects with up to four units Projects with five or more units
First Floor Second Floor or
Portions of
building 24 feet or
higher
First Floor Upper Floors
1. Front‐yard 20 feet If located on
property
abutting an
arterial or
major
collector, 35
feet from face
of street curb
All other
properties: 20
feet from
property line
If located on
property
abutting an
arterial or
major collector:
Floor 2 and
3: 35 feet
from face of
street curb
Floors 4 and
above (if
allowed per
General
Plan height):
20 feet from
property
line.
All other
properties 20
feet from
property line
2. Side‐yard
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Table 19.36.070: Building Development Regulations
Projects with up to four units Projects with five or more units
i. Interior side 6 feet 9 10 feet for
second floor.18
feet for portions
of building 24
feet or higher
10 feet 12 feet
ii. Street side 12 feet 18 feet for
portions of
building 24 feet
or higher
12 feet 18 feet
3. Rear‐yard 20 feet or 20% of
the lot depth,
whichever is
greater. Main
building may
encroach as close
as 10 feet to rear
lot line if a useable
rear‐yard setback
area of not less
than twenty times
the width of the
lot is maintained.
20 feet or 20%
of the lot depth,
whichever is
greater.
20 feet or 20% of
the lot depth,
whichever is
greater. Main
building may
encroach as close
as 10 feet to rear
lot line if a
useable rear‐yard
setback area of
not less than
twenty times the
width of the lot
is maintained.
20 feet or 20% of
the lot depth,
whichever is
greater.
Additional 10
feet for floors
more than one
story higher than
any adjacent
primary
residential
structures.
D. Private Outdoor Space
(e.g., – Balconyies, Patio,
Deck) may be provided
to fulfill this standard.
Approximately 20% of each unit’s
gross first‐floor area
10% of each unit’s gross floor area
Minimum Size: 60 square feet per
unit
Minimum Clearance: 6 feet clear in
any dimension
E. Second Upper Story Decks and Patios Setbacks
1. Front‐yard ‐ 17 feet N/A N/A
2. Side‐yard ‐ 15 feet N/A N/A
3. Rear‐yard ‐ 20 feet N/A N/A
F. Universal Design
Standards
New multiple‐family development of five or more units shall include:
1. At least one no‐step entry point per building and unit;
2. Interior and exterior doors with 32 inches of clear passage for each unit;
and
3. One bathroom for each unit that is able to be maneuvered in a
wheelchair per Americans with Disabilities Act standards.
FG. Corner Triangle and
Sidewalk Site Triangle
Shall remain free and clear of all buildings or portions thereof
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Table 19.36.070: Building Development Regulations
Projects with up to four units Projects with five or more units
GH. Visual Privacy
Intrusion
Minimize privacy intrusion into all
or a significant portion of private
outdoor spaces, or interior spaces
through the use of windowless walls,
atria, enclosed courtyards, and
buildings oriented to public and
private streets, or other techniques
which rely upon structural design
rather than mitigation relying solely
upon a landscaping solution.
N/A
IH. Fences Must comply with regulations in Chapter 19.48
JI. Parking No parking shall be permitted in a setback area where the lot adjoins
property located in a single‐family (R‐1) zoning district.
Must comply with regulations in Chapter 19.124
K. Access No more than two vehicular entries/exits per street frontage between the
residential development and the public right‐of‐way.
L. Improvements and Covenants for Common Area
1. Completion/Bonding Improvement of the common areas shall be completed by the developer
and shall be subject to bonding and other procedures in the same manner
as required for street improvements by Title 18, Subdivision.
2. Maintenance a. Shall be the responsibility of the property owner or homeowners
association to which the common areas are deeded.
b. In the event private roads, driveways, parking areas, walkways,
landscaping or buildings are not maintained to applicable City standards,
the City may, after notice and advertised public hearing, effect the
necessary maintenance, with the cost to be a lien on the property.
3. Declaration of
Covenants,
Conditions and
Restrictions, where
applicable
a. Shall include a clause to ensure that the CC&R’s shall not be modified
unless required to by state law, without review of the City,
b. Shall be reviewed by the City Attorney, prior to recordation, to
determine its compatibility with the intent and conditions as set forth
herein.
4. Articles of
Incorporation and
Other Instruments
Related to
Homeowners’
Association, where
applicable
a. Shall be subject to the review and approval of the City Attorney
b. Shall include a clause to indicate that the Association cannot be
dissolved without written approval and authorization from the City.
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19.38: Multiple‐Family Residential (R‐4) Zones
19.38.010: Purpose
The purpose of this chapter is to provide a zoning district permitting high/very high, very high,
and highest density multiple‐family residential uses and to establish the regulations
pertaining thereto. These regulations are intended to guide future development and ensure a
healthy functional environment for future residents within the proposed development and for
adjoining parcels. The R‐4 zoning district may be combined with the townhome (TH) zoning
district in accordance with Chapter 19.46.
19.38.020: 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 a R‐4 zoning district other than in
conformance with the provisions of this chapter and other applicable provisions of this title.
B. Reasonable Accommodation: Notwithstanding 19.38.020(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 acts as a barrier to fair housing opportunities,
pursuant to Chapter 19.52.
19.38.030: Permitted, Conditional, and Excluded Uses
Permitted, Conditional, and Excluded Uses on property zoned R‐4, are identified in
Section 19.20.020.
19.38.040: Development Plan Required
An application for development on a parcel presently zoned R‐4 shall require submittal of all
materials identified in Chapter 19.12. The Community Development Director may establish
development plan application requirements beyond those required by Chapter 19.12.
19.38.050: Permit Required for Development
A. No building permit may be issued for development on a parcel presently zoned R‐4 until
a development plan is approved as part of a development permit pursuant to Chapters 19.12
and 19.156. Housing development projects on Priority Housing Sites considered by‐right
pursuant to state law shall be processed as identified in Chapter 19.12.
B. Signs, landscaping or parking plans and minor modifications to buildings may not be
erected, structurally altered, enlarged, or modified without permits pursuant to Chapters
19.12 and 19.168.
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19.38.060: Site Development Regulations
Table 19.38.060 sets forth the rules and regulations pertaining to the Development Regulations
for the development of property zoned R‐4.
Table 19.38.060 Site Development Regulations
A. Density 1. Maximum as designated in the General Plan.
2. Development on sites with a required minimum density
shall meet the minimum density established on the General
Plan Land Use map.
B. Minimum Net Lot Area 12,000 square feet
C. Minimum Lot Width (measured at
front building setback line)
70 feet
19.38.070: Building Development Regulations
Table 19.38.070 sets forth the rules and regulations pertaining to the development of multiple‐
family residential structures on property zoned R‐4.
Table 19.38.070: Building Development Regulations
A. Maximum Lot
Coverage
55% of net lot area, unless inconsistent with Section 65913.11.
B. Maximum Height Limited to five stories (not to exceed 70 feet)
C. Setbacks and Stepbacks
First Floor Upper Floors
1. Front‐yard If located on property abutting an
arterial or major collector, 35 feet
from face of curb.
All other properties: 12 feet from
property line.
If located on property abutting an
arterial or major collector:
Floor 2 and 3: 35 feet from face of
curb; and
Floors 4 and above: 18 feet.
All other properties: 18 feet from
property line
2. Side‐yard
i. Interior side 10 feet 10 feet and
Additional 10 feet for floors more
than one story higher than any
adjacent primary residential
structure.
ii. Street side 12 feet
3. Rear‐yard 20 feet or 20% of the lot depth,
whichever is greater
20 feet or 20% of the lot depth,
whichever is greater; and
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Additional 10 feet for floors more
than one story higher than any
adjacent primary residential
structure.
D. Private Outdoor
Space (e.g., Balcony,
Patio, Deck)
Minimum Size: 48 square feet per unit
Minimum Clearance: 4 feet clear in any dimension
E. Universal Design
Standards
New multiple‐family development shall include:
1. At least one no‐step entry point per building and unit;
2. Interior and exterior doors with 32 inches of clear passage for each unit;
and
3. One bathroom for each unit that is able to be maneuvered in a
wheelchair per Americans with Disabilities Act standards.
F. Corner Triangle
and Sidewalk Site
Triangle
Shall remain free and clear of all buildings or portions thereof.
G. Fences Must comply with regulations in Chapter 19.48
H. Parking No parking shall be permitted in a setback area where the lot adjoins property
located in a single‐family (R‐1) zoning district.
Must comply with regulations in Chapter 19.124
I. Access No more than two vehicular entries/exits per street frontage between the
residential development and the public right‐of‐way.
J. Improvements and
Covenants for
Common Area
See Section 19.36.070(L)
19.46: Townhome (TH) Combining District
19.46.010: Purpose
The townhome (TH) combining district is intended to modify the regulations of the multiple‐
family residential (R‐3 and R‐4) zoning districts to permit townhome development in those
districts, primarily in conjunction with multiple‐family development, and to establish specific
townhome development standards, upon rezoning to the townhome combining district.
19.46.020: Applicability of Regulations
A. The townhome combining district may only be combined with the R‐3 or R‐4 zoning
district, in accordance with Chapters 19.36 and 19.38 of the Zoning Ordinance. The townhome
combining district shall apply to properties designated on the zoning map with “TH”
following the multiple‐family residential (R‐3 or R‐4) zoning district designation (e.g., R‐3/TH
or R‐4/TH. The site development regulations (Section 19.46.060) and building development
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regulations (Section 19.46.070) established by this chapter shall apply to townhomes in lieu of
the comparable provisions established by the underlying R‐3 or R‐4 zoning districts.
B. No townhome(s) shall be erected, structurally altered, or enlarged in a TH combining
district other than in conformance with the provisions of this chapter and other applicable
provisions of this title.
C. Reasonable Accommodation: Notwithstanding 19.46.020(B) 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, acts as a barrier to fair housing opportunities,
pursuant to Chapter 19.52.
19.46.030: Permitted, Conditional, and Excluded Uses
Permitted, Conditional, and Excluded Uses on property zoned R‐3/TH or R‐4/TH are identified
in Section 19.20.020.
19.46.040: Development Plan Required
Development in the townhome combining district shall adhere to the requirements and
procedures established by the underlying multiple‐family zoning district.
19.46.050: Permit Required for Development
Permitting in the townhome combining district shall adhere to the requirements and
procedures established by the underlying multiple‐family zoning district.
19.46.060: Site Development Regulations
Table 19.46.060 sets forth the rules and regulations pertaining to the Development Regulations
for townhome development of property zoned R‐3/TH or R‐4/TH.
Table 19.46.060 Site Development Regulations
A. Density 1. Maximum as designated in the General Plan.
2. Development on sites with a required minimum density
shall meet the minimum density established on the General
Plan Land Use map.
B. Maximum Lot or Air Parcel Width
(measured at front building setback
line)
25 feet
19.46.070: Building Development Regulations
Table 19.46.070 sets forth the rules and regulations pertaining to the development of townhome
residential structures on property zoned R‐3/TH or R‐4/TH.
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Table 19.36.080: Townhome Building Development Regulations
A. Maximum Lot
Coverage
55% of net lot area prior to development
B. Maximum Floor
Area Ratio
70% of net lot area prior to development
C. Maximum
Height
Limited to three stories (not to exceed 30 feet)
D. Setbacks and Stepbacks (Measured from property lines prior to development)
First and Second Floor Third Floor
1. Front‐yard Per underlying multiple‐family zoning district
2. Side‐yard
a. Interior side 6 feet 6 feet and
Additional 10 feet if more than one story
higher than any adjacent primary
residential structure.
b. Street side 12 feet
3. Rear‐yard 15 feet
E. Private Outdoor
Space (e.g., Balcony,
Patio, Deck)
See underlying multiple‐family zoning district.
F. Design
Requirements
1. Townhome design visible from or fronting the public right of way shall
include at least two of the following features:
a) Front Architectural Feature (e.g., stoop, front porch).
b) Stairway with at least three stairs leading to the front entrance.
c) Pitched roof with a slope of at least 3:12.
2. Vehicular parking shall not be located along primary frontage.
G. Corner Triangle
and Sidewalk Site
Triangle
Shall remain free and clear of all buildings or portions thereof.
H. Fences See underlying multiple‐family zoning district.
I. Parking Must comply with townhome parking regulations per Chapter 19.124.
J. Access No more than two vehicular entries/exits per street frontage between the
residential development and the public right‐of‐way
K. Improvements
and Covenants for
Common Area
Per underlying R‐3 or R‐4 zoning district.
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19.50: Emergency Shelters
19.50.010: Applicability of regulations
This chapter establishes the criteria and standards for Emergency Shelters.
19.50.020: Criteria and Standards
A. Permanent Emergency Shelters shall satisfy all of the following requirements:
1. Occupancy is limited to six months in any 12‐month period per occupant.
2. Shelter shall be available to any individual or household regardless of their ability to
pay, provided that all other conditions in Section 19.50.020(B) are met.
3. The shelter shall not be located closer than 300 feet to another permitted emergency
shelter.
4. The shelter operator shall provide security during hours that the emergency shelter is
in operation.
5. The shelter operator shall provide sufficient parking stalls per Section 19.124.040 to
accommodate all staff working in the emergency shelter, provided that the standards do not
require more parking for emergency shelters than other residential or commercial uses within
the same zoning district.
6. The shelter operator shall provide on‐site management and a management plan that
details the following:
a. A list of services that are provided to guests.
b. Hours of operation for the shelter, intake, and any other ancillary services provided.
c. Number of staff present at any time.
d. Number of shelter beds.
e. Number of parking stalls provided on site.
f. Description and/or floor plan indicating the size and location of the waiting and
intake areas.
B. Rotating Emergency Shelters shall satisfy all of the following requirements:
1. Requirements identified in subsection 19.50.020(A)(2‐5).
2. Occupancy is limited to two months in any 12‐month period at any single location.
3. The hours of operation shall not exceed six p.m. to seven a.m.
4. The shelter shall provide on‐site management and a management plan that details the
criteria identified in subsection 19.50.020(A)(6).
5. If the shelter is a Safe Car Park, the operator shall in addition, identify:
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a. The location of the parking stalls that will be used for program guests.
b. Any additional temporary structures placed on the site, such as mobile bathrooms
and shower facilities, must be removed when the site is no longer used as a Safe Car Park
shelter.
19.50.030: Interpretation
If any portion of this Chapter 19.50 conflicts with State law as mentioned above, or other
applicable state law, State law shall supersede this Chapter. Any ambiguities in this section
shall be interpreted to be consistent with State law. All code references in this Chapter include
all successor provisions.
19.50.040: Applicable Development Regulations and Permits Required
Any structure used to provide an emergency shelter shall meet the requirements of the
underlying zoning district and shall be reviewed ministerially.
19.76: Public Building (BA), Quasi‐Public Building (BQ), and
Transportation (T) Zones
19.76.030: Permitted, Conditional and Excluded Uses in BA, BQ, and T Zones
Table 19.76.030 ‐ Permitted, Conditional, and Excluded Uses in BA, BQ, and T Zones
Uses Zoning Districts
BA BQ T
2. Rotating homeless shelter provided that the following conditions in
Chapter 19.50 are met.:
a. Shelter is located within an existing church structure;
b. The number of occupants does not exceed twenty‐five;
c. The hours of operation do not exceed six p.m. to seven a.m.;
d. Adequate supervision is provided;
e. Fire safety regulations are met; and
f. Operation period does not exceed two months in any twelve‐
month period at any single location.
‐
P ‐
3. Permanent emergency shelter provided the following conditions in
Chapter 19.50 are met.:
a. Section 19.76.030(2)(b), (d), (e);
b. A management plan is provided which includes a detailed
operation plan.
c. Shelter is available to any individual or household regardless of
their ability to pay; and
d. Occupancy is limited to six months or less.
‐ P ‐
Key:
P – Permitted Use
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‐ ‐ 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
Ex – Excluded Uses
19.80: Planned Development (P) Zones
19.80.030: Establishment of Ddistricts – Permitted and Cconditional Uuses and
Ddevelopment Sstandards.
B. All P districts shall be identified on the zoning map with the letter coding ʺPʺ followed by a
specific reference to the general type of use allowed in the particular planned development
zoning district. For example, a planned development zoning district in which the uses are to be
general commercial in nature, would be designated ʺP(CG).ʺ A planned development zoning
district in which the uses are intended to be a mix of general commercial and residential would
be designated P(CG, Res) or any combination of residential zoning district such as P(CG, R‐3),
P(CG, R‐4), or if combined with the TH combining district, P(CG,R‐3/TH) or P(CG, R‐4/TH).
C. Permitted uses in a P zoning district shall consist of all uses which are permitted in the zoning
district referenced following the letter ʺPʺ, unless a conceptual development plan, specific plan,
or other zoning plan, further restricts the uses, subject to the limitations of state law. For
example, the permitted uses in a P(CG) zoning district are the same uses which are permitted in
the CG zoning district. The permitted uses in the P(Res) zoning district are the same uses which
are permitted in the type of housing structure that the use is going to occupy (i.e., follow R‐1
permitted uses for single family homes in P(Res) zoning district, follow R‐3 permitted uses in
multiple‐family units in P(Res) zoning district). For sites with a mixed‐use residential
designation, Section 19.80.030E shall also apply.
E. For sites with a mixed‐use residential designation the following shall apply:
1 For sites in the Monta Vista Village Special Area, residential shall be a permitted use.
2. If a site is listed as a Priority Housing Site in the Cityʹs adopted Housing Element of the
General Plan, then residential development that does not exceed the consistent with the
maximum and minimum density specifiednumber of units designated for the site in the
Housing Element shall be a permitted use.
3. Residential development on sites not designated as Priority Housing Sites in the Cityʹs
adopted Housing Element of the General Plan and residential development on a Priority Housing
Site that exceeds the number of units designated for that Priority Housing Site shall be a
conditional use, except as provided in subsection 5, below.
3.4. Priority Housing Sites shall be shown on the Cityʹs zoning map.
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45. For sites zoned P(R‐3, CG, R‐3), P(CG, R‐3/TH), P(CG, R‐4), or P(CG, R‐4/TH), no
conceptual or definitive plans shall be required to establish permitted and conditional uses.
Multiple‐family residential use is the primary permitted use, with all other permitted uses in
that residential zoning district allowed as well. Commercial uses may be incorporated into the
development on the ground first floor but shall not be the primary permitted use of the structure.
F. The development standards and regulations for residential only and mixed‐use residential
projects in a P zoning district shall consist of the following:
1. All relevant development standards and regulations in the General Plan and any adopted
specific plan, conceptual development plan, definitive plan, or other zoning plan, and, to the
extent not addressed in those plans, all development standards and regulations for the zoning
district referenced following the letter ʺP.ʺ The development standards and regulations for a
residential development are those established for the R‐3 or R‐4 zoning districts and/or the TH
combining district.
2. In implementing subsection (1) above, mixed‐use projects shall comply with the
development standards and regulations in the R‐3 or R‐4 zone and/or the TH combining district,
and the referenced zoning district by proposed use. For example, residential portions of the
project shall comply with the development standards and regulations in the R‐3, R‐4, and/or TH
zoning, whichever is referenced; commercial portions of the project shall comply with the
development standards and regulations in the CG zoning, industrial portions of the project shall
comply with the development standards and regulations in the ML/MP zoning, whichever is
referenced, and office portions of the project shall comply with the development standards and
regulations in the OA/OP zoning, whichever is referenced. In the event of any conflicts, the most
restrictive standard or regulation shall apply.
19.100: Accessory Buildings/Structures
Table 19.100.030: Site Development Regulations
2. Detached Accessory Buildings/ Structures in R‐1, RHS, A, A‐1, and R‐2, R‐3, R‐4, and TH Zoning Districts
(Cont.)
a. In R‐1, RHS, R‐2, A and A‐1 zones:
i. Area of Accessory Buildings/Structures,
not including garage space
Accessory Dwelling Units ‐ Limited to gross building
area as per Section 19.112.030 (A)Chapter 19.112
All others – Limited to development standards in
underlying zoning
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19.124: Parking Regulations
19.124.040: Regulations for Off‐Street Parking
R. Parking Space Dimension Chart. Parking space dimensions shall be as shown in Table
19.124.040(A):
Table 19.124.040(A)
Land Use Zones Parking Ratio(2) Bicycle
Parking
Bicycle
Parking
Class(4)
Stall
Dimensions (3)
Residential
Single‐Family R‐1, /RHS,
/ A‐1, or /P 4/DU (2 garage + 2 open)
10 x 20 ea. Small Lot Single‐familyCluster
Ddevelopment, Townhouse R1C or P 2.8/DU (2 garage + 0.8
open)
Duplex R‐2 3/DU (1 ½ enclosed + 1
½ open)
Townhome R‐3/TH, R‐
4/TH, or P
1/DU (covered or
garage)
9.5 x 20 ea.
Medium to Highest Density
Multiple‐Family,
R‐3/, R‐4,
or P
12/DU (1 covered,
structured, + 1or open)
1 space per 2
residential
units; and
Class I
Medium to Highest Density
Multiple Story Condominium
1 space per
10 residential
units
Class II
Public/Quasi‐Public/Agriculture
Churches, Clubs, Lodges,
Theaters BQ or /CG
1/4 seats +1/employee
+1/special‐purpose
vehicle
2% of seats.
Minimum
two spaces
Class II
Uni‐size
Schools and School Offices BA or /BQ
1/employee + 1/56 sq. ft.
multipurpose room + 8
visitor spaces/school +
1/3 students at senior
H.S. or college level
1 space per 5
students Class II
Emergency Shelters
BQ
1/employee 1 space for
every 5 beds Class II
Uni‐size
R‐4 9.5 x 20 ea.
Gyms, Auditoriums, floor area
used Skating Rinks for seating
without fixed seats
BA or /BQ 1/56 sq. ft. purposes +
1/employee
1/5,000 sq. ft.
Minimum
two spaces
Class II Uni‐size
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Table 19.124.040(A)
Land Use Zones Parking Ratio(2) Bicycle
Parking
Bicycle
Parking
Class(4)
Stall
Dimensions (3)
Industrial
Office/Prototype
Manufacturing ML or /OA 1/285 sq. ft.
1/1,250 sq. ft.
or 1/15
employees,
whichever is
more
restrictive.
Class I Uni‐size
Office
Corporate/
Administrative/General Multi‐
Tenant
CG or /OP 1/285 sq. ft. 1/1,250 sq. ft.
or 1/15
employees,
whichever is
more
restrictive.
Class I Uni‐size
19.156: Development Permits, Conditional Use Permits, and
Variances
19.156.040: Planned Development Permit and Conditional Use Permit – Findings
and Conditions
A. The decision maker may grant a planned development permit for projects that are not a
housing development project, or a conditional use permit, only if all of the following findings
are made:
1. The proposed development and/or use, at the proposed location, will not be detrimental
or injurious to property or improvements in the vicinity, and will not be detrimental to the public
health, safety, general welfare, or convenience;
2. The proposed development and/or use will be located and conducted in a manner in accord
with the Cupertino Comprehensive General Plan, any applicable specific plans, underlying
zoning regulations, and the purpose of this title and complies with the California Environmental
Quality Act (CEQA).
B. The decision maker may grant a development permit for a housing development project
only if all of the following findings are made:
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1. The proposed residential development and/or use will be located and conducted in a
manner consistent with any applicable Government Code requirements, the Cupertino
General Plan, any applicable specific plans, and underlying zoning regulations of the
Municipal Code, and complies with the California Environmental Quality Act (CEQA).
2. Notwithstanding subsection 19.156.040B(1), the Director of Community Development may
deny a housing development project proposed under this Section with a written finding based
upon a preponderance of evidence, that the proposed housing development project would
have a specific adverse impact, as defined and determined in Government Code Section
65589.5(d)(2), upon public health and safety or the physical environment and for which there
is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
19.168: Architectural and Site Review
16.168.030: Findings
B. For housing developments eligible for by‐right approval as defined by Govt. Code section
65583.2(i), low‐barrier navigation centers and supportive housing projects with up to 50 units,
the following findings must be made:
1. The project is consistent with any applicable Government Code requirements, the
Cupertino General Plan, any applicable specific plans, all objective Municipal Code
requirements, and objective design standards.
2. Notwithstanding subsection 19.168.030B(1), the Director of Community Development may
deny a housing development project proposed under this Section with a written finding based
upon a preponderance of evidence, that the proposed housing development project would
have a specific adverse impact, as defined and determined in Government Code Section
65589.5(d)(2), upon public health and safety or the physical environment and for which there
is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
14.15: Landscape Ordinance
14.15.020: Applicability
Table 14.15.020
Type of Permit Total Landscape
Area
Requirement
Planning Permit or Grading Permit
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Commercial, industrial,
office, multiple‐family
residential, townhome,
public and institutional
projects
<2,500 s.f. Prescriptive Compliance Application (Appendix
A) or Landscape Documentation Package (Sec. 14.15.050)
>2,500 s.f. Landscape Documentation Package (Sec. 14.15.050)
17.04: Standard Environmental Protection Requirements
17.04.050: Standard Environmental Protection Permit Submittal Requirements.
A. Air Quality Technical Requirements
1. Control Diesel Particulate Matter from Non‐Residential Projects During Operation.
Applicants for new non‐residential land uses within the city that either have the potential to
generate 100 or more diesel truck trips per day or have 40 or more trucks with operating diesel‐
powered Transport Refrigeration Units (TRUs), or and are within 1,000 feet of a sensitive land
use (e.g., residential, schools, hospitals, nursing homes), as measured from the property line of
the project to the property line of the nearest sensitive use, shall:
[no changes after this]
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CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
DRAFT RESOLUTION
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF
PROPOSED SPECIFIC PLAN AMENDMENTS AND THE BELOW MARKET
RATE HOUSING MITIGATION MANUAL ALLOWING FOR CONSISTENCY
WITH THE 6TH CYCLE HOUSING ELEMENT AND MINOR EDITS FOR
CLARITY
The Planning Commission recommends approval of the Specific Plan Amendments and
Amendments to the Below Market Rate Housing Mitigation Manual to the City of
Cupertino Municipal Code with the findings reflected in the Draft Resolution attached
hereto as Exhibits SPA‐1 and CP‐1.
PASSED AND ADOPTED this 11th day of June 2024, at a Regular Meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
Piu Ghosh David Fung, Chair
Planning Manager Planning Commission
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RESOLUTION NO._________
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
APPROVING AMENDMENTS TO THE HEART OF THE CITY SPECIFIC PLAN
AND THE BELOW MARKET RATE HOUSING MITIGATION MANUAL
TO ALLOW IMPLEMENTATION OF THE HOUSING ELEMENT
AND MEET THE REQUIREMENTS OF STATE LAW
SECTION I: PROJECT DESCRIPTION
Application No: SPA‐2023‐001, CP‐2024‐002
Applicant: City of Cupertino
Location: Citywide/Various locations
SECTION II: RECITALS
WHEREAS, state law requires the City to prepare and adopt an updated Housing
Element every eight years to accommodate its fair share of housing and identify housing
needs, resources and opportunities;
WHEREAS, the City Council adopted the draft Housing Element on May 14, 2024; and
WHEREAS, the City entered into a Stipulated Judgment dated January 8, 2024 pursuant
to a lawsuit related to adoption of the Housing Element which included requirements for
coming into compliance with state housing element law and exempted the City from the
California Environmental Quality Act (“CEQA”) pursuant to Government Code section
65759; and
WHEREAS, pursuant to Government Code 65759, the Heart of the City Specific Plan
Amendments, which are related to the rezoning for Priority Housing Sites, to adopt the
Housing Element and associated amendments to the General Plan zoning are fully
described and analyzed in the Environmental Assessment, which is incorporated into the
General Plan as Appendix G; and
WHEREAS, the Housing Element contains strategies for achieving these goals and
policies, including implementation of the Cityʹs Residential Housing Mitigation Program
described in Strategy HE 2.3.3, which requires projects with five or more new units to
provide units and projects with four or fewer new units to pay an in‐lieu of BMR unit fee;
and
WHEREAS, Cupertino Municipal Code Section 19.172.030 authorizes the City Council to
adopt rules and regulations for the purposes of carrying out the administration of the
Residential Housing Mitigation Program; and
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WHEREAS, the City Council has implemented Section 19.172.030 through the adoption
of the Cityʹs BMR Housing Mitigation Program Procedural Manual, which was last
amended on May 19, 2020; and
WHEREAS, the City Council desires to amend the BMR Housing Mitigation Program
Procedural Manual to conform the BMR Housing Mitigation Manual with the adopted
2023‐2031 Housing Element;
WHEREAS, on June 11, 2024, the Planning Commission recommended on a X‐X vote that
the City Council adopt the Specific Plan Amendment (SPA‐2023‐001) and Below Market
Rate Housing Mitigation Manual (CP‐2024‐002) in substantially similar form to the
Resolution presented (Resolution No. 2024‐XXX); and
WHEREAS, all necessary public notices having been given as required by the City of
Cupertino Municipal Code and the Government Code, on July X, 2024, the City Council
held a public hearing to consider the Specific Plan Amendment and the Below Market
Rate Housing Mitigation Manual; and
WHEREAS, the City Council of the City of Cupertino is the decision‐making body for
this Resolution.
SECTION III: RESOLUTIONS
NOW, THEREFORE, BE IT RESOLVED:
After careful consideration of the maps, facts, exhibits, testimony and other evidence
submitted in this matter, and based on the preceding findings, the City Council hereby:
1. Finds that the foregoing recitals are true and correct; and
2. Adopts amendments to the Heart of the City Specific Pl an text and figures as shown
in Exhibit SPA‐1, which is incorporated herein by reference as part of this resolution;
3. Authorizes staff to make non‐substantive and/or grammatical changes to figures
and/or text for purposes of internal consistency prior to publication of the Specific
Plan.
NOW, THEREFORE, BE IT FURTHER RESOLVED:
The foregoing recitals are true and correct and are included herein by reference as findings.
PASSED AND ADOPTED this __th day of July 2024, at a Regular Meeting of the City
Council of the City of Cupertino, State of California, by the following roll call vote:
AYES:
NOES:
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ABSENT:
ABSTAIN:
SIGNED:
________
Shiela Mohan, Mayor
City of Cupertino
________________________
Date
ATTEST:
________________________
Kirsten Squarcia
City Clerk
________________________
Date
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Exhibit SPA‐1
DEVELOPMENT STANDARDS AND DESIGN GUIDELINES
Area and Special Centers Map
This Heart of the City Area and Special Centers Map (Figure 1) defines the boundaries of the
Heart of the City Specific Plan area and the Special Centers within these boundaries. This map
also identifies the primary and supporting land uses for each Special Center in accordance with
the Cupertino General Plan, and a variety of land use opportunities of well planned and designed
commercial, office and residential development, enhanced activity nodes, and safe and efficient
circulation and access for all modes of transportation between activity centers that help focus and
support activity in the centers. The Heart of the City Area and Special Centers Zoning Map
(Figure 2) identifies the Zoning for each parcel within these boundaries. The applicable
standards for these parcels are identified in the Development Standards and Design
Guidelines Chapter later in this document. Note: Update Figure 2 is located at the end of the
text edits indicated here.
Development Standards
1.01.020 Land Use and Zoning – Permi tted and Conditional Uses
The zoning and land uses for properties shall comply with the land use and zoning maps in
Figures 1 and 2 as follows: Note: Update Figure 2 is located at the end of the text edits indicated
here.
B. Residential – Residential density shall be per the General Plan Figure LU‐2, Land Use, and
zoning maps. In mixed residential and commercial developments, the preferred location for
residential units shall be behind primary street fronting retail/commercial uses or above the
ground level on multistory buildings. The amount of building space devoted to retail/commercial
uses shall be such that the retail/commercial uses shall have a viable and substantial retail
component.
1.01.030 Building Height, Setbacks and Orientation
Properties zoned multiple‐family residential (R‐3 or R‐4), or any combination zoning with TH
zoning shall comply with the height, setback, and orientation development standards
established by the Municipal Code. Where the Municipal Code is silent or refers to the Specific
Plan on development or design standards, the Heart of the City standards will apply.
Development regulations for all other properties will be as follows:
A. Height‐…
1.01.040 Site Development and Parking
Properties zoned multiple‐family residential (R‐3 or R‐4), or any combination zoning with TH
zoning shall comply with the site development and parking standards established by the
Municipal Code. Where the Municipal Code is silent or refers to the Specific Plan on
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Exhibit SPA‐1
development or design standards, the Heart of the City standards will apply. Development
regulations for all other properties will be as follows:
A. Access…
Design Guidelines
2.01.010 Description
Properties zoned multiple‐family residential (R‐3 or R‐4), or any combination zoning with TH
zoning, thereof shall comply with the design standards established by the Municipal Code or
any other objective design standards adopted, whether by Council resolution or otherwise.
Where the Municipal Code is silent on or refers to the Specific Plan on design, the Heart of the
City standards will apply. Design guidelines promote buildings that assume some of the
communication functions of signs. for all other properties will be as follows:
A. Building Increment‐…
APPENDIX B ‐ General Plan Policies Related to the Heart of the
City Plan Area
The Community Vision 2040 policies and strategies under Goals LU‐13.1 through LU‐13.8 apply
to the Heart of the City Specific Plan Area and subareas.
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8
City of Cupertino - Heart of tHe City SpeCifiC plan
Figure 2: Heart of the City Area and Special Centers Zoning Map
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Below Market Rate (BMR) Housing Mitigation Program
Procedural Manual
EXHIBIT CP-1
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Amended and Adopted by City Council
July 2, 2024
Resolution No. 24‐XXXX
CITY OF CUPERTINO HOUSING DIVISION
DEPARTMENT OF COMMUNITY DEVELOPMENT
10300 TORRE AVENUE
CUPERTINO, CA 95014
VOICE: (408)777‐3251
FAX: (408)777‐3330
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Table of Contents
1 Introduction........................................................................................................................................ 1
2 Housing Mitigation Program ........................................................................................................... 2
2.1 Applicability ................................................................................................................................. 2
2.2 Affordable Housing Mitigation Fee .............................................................................................. 2
2.2.1 Payment ........................................................................................................................................ 2
2.2.2 Permitted Use of Fees ........................................................................................................... 3
2.3 Affordable Housing Units ............................................................................................................ 3
2.3.1 Minimum Affordability of Residential Units ....................................................................... 3
2.3.2 Fractional Units ................................................................................................................... 4
2.3.3 Affordable Housing Plan ...................................................................................................... 5
2.3.4 BMR Unit Design Requirements ............................................................................................ 5
2.3.5 Initial Maximum Sales Prices and Rents of BMR Units ..................................................... 5
2.3.6 Terms of Affordability .......................................................................................................... 7
2.3.7 Agreement between Developer and City .............................................................................. 7
3 Mitigation Requirements of Non‐Residential Developments ...................................................... 9
3.1 Requirements ................................................................................................................................ 9
3.2 Non‐Residential Fee Calculations ................................................................................................ 9
4 Mitigation Requirements of Ownership Residential Developments ....................................... 10
4.1 Requirements ............................................................................................................................. 10
4.2 BMR Requirements for Developments with One (1) to Six (6)Four (4) Units ......................... 10
4.3 BMR Requirements for Developments with Seven (7)Five (5) or more Units .......................... 10
5 Mitigation Requirements of Rental Residential Developments ................................................ 11
5.1 Requirements ............................................................................................................................. 11
5.2 Residential Rental Impact Fee Calculations .............................................................................. 11
6 Mitigation Requirements for Mixed‐Use Projects ...................................................................... 12
6.1 Requirements ............................................................................................................................. 12
6.2 Mixed‐Use Mitigation Fee Calculations .................................................................................... 12
7 Alternatives to BMR Requirements .............................................................................................. 13
7.1 Options for Alternatives ............................................................................................................ 13
7.2 Housing Plan for Alternative BMR Requirements ................................................................... 13
8 City Incentives ................................................................................................................................ 15
8.1 Density Bonus ........................................................................................................................... 15
8.2 Financial Assistance .................................................................................................................. 15
8.3 Fee Waivers ............................................................................................................................... 15
8.4 Priority Processing .................................................................................................................... 15
8.5 City Certification of Buyer and Tenant Eligibility .................................................................... 15
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1. Introduction
In accordance with the City of Cupertino’s Housing Element, all new residential and/or non‐
residential developments are required to help mitigate project‐related impacts on affordable
housing needs.
As required by Section 19.172.030 of the Cupertino Municipal Code, this manual establishes
procedures for implementing the affordable housing mitigation provisions of the City’s Below
Market Rate (BMR) Housing Mitigation Program.
A separate manual, the “Policy and Procedures Manual for Administering Deed Restricted
Affordable Housing Units” establishes the procedures for the on‐going administration of the
inventory of BMR units created by the City’s Residential Housing Mitigation Program. The City
or its agent will administer the programs.
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1 Housing Mitigation Program
1.1 Applicability
A. The Non‐residential and Residential Housing Mitigation Programs are applicable to all
non‐residential and/or residential projects that result in an increase of gross floor area
(for fee ‐based program) and/or the number of net new units in a development (for
unit‐based program) with the following exemptions:
1. New gross floor area that is replacing demolished or destroyed gross floor area;
2. Existing space that is being rehabilitated, but not enlarged;
3. Governmental buildings;
4. Institutional buildings;
5. Demolition and rebuild of or additions to existing single family homes;
6. Accessory dwelling units and
7. Parking garages (this exemption does not apply to commercial paid‐parking garages).
The program has two components; a fee‐based program for certain types of development
and a unit‐based program for other types of development.
1.2 Affordable Housing Mitigation Fee
A. Non‐residential and residential affordable housing mitigation fee amounts are set by the City
Council for developments as outlined in Chapters 3, 4 and 5.
B. The Affordable Housing Mitigation Fee may not exceed the cost of mitigating the impact of
the type of development on the need for affordable housing as supported by nexus studies
that may be commissioned from time to time by the City Council.
C. The fee shall be adjusted annually using the Consumer Price Index (all items index for the
San Francisco Bay Area).
D. The City will publish the most recently adopted housing mitigation fees annually in the fee
schedule.
1.2.1 Payment
A. Fees shall be based on the fee schedule in effect on the date that the construction
permit is issued by the City and shall be due and payable on the date of issuance
of construction permits, unless otherwise required by state law.
B. In the event that the applicant is allowed to defer payment of fees and is issued
construction permits, the fees shall be due and payable according to the fee
schedule in effect on the date of fee payment, prior to first occupancy of the
project, unless a negotiated Development Agreement allows otherwise.
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C. All fees shall be deposited into the City’s Below Market Rate (BMR) Affordable
Housing Fund (AHF).
1.2.2 Permitted Use of Fees
A. Affordable housing mitigation fees deposited into the BMR AHF shall only be
used for the provision of affordable housing in Cupertino.
B. The options for use of the fee revenue include, but are not limited to the following:
1. BMR Program Administration
2. Land Acquisition
3. New Construction
4. Acquisition and/or rehabilitation of buildings for permanent affordability
5. Preserving “at‐risk” BMR Units
6. Substantial Rehabilitation
7. Rental Operating Subsidies
8. Down Payment Assistance
9. Direct gap financing
10. Fair Housing
C. A portion of the BMR AHF will be targeted to benefit the following groups, to the
extent that these target populations are found, to be consistent with the needs
identified in the nexus study:
1. Extremely low‐income households and
2. Persons with special needs (such as the elderly, victims of domestic violence,
and the disabled, including persons with developmental disabilities).
1.3 Affordable Housing Units
Affordable housing unit requirements are set by the City Council.
1.3.1 Minimum Affordability of Residential Units
A. When a development provides Ownership Below‐Market‐Rate (BMR) units, the
affordability requirements for units shall be as follows:
1. Fifty percent (50%) of BMR units as median‐income and fifty percent (50%)
as moderate‐income.
2. If a single BMR unit is provided, it shall be designated for median income.
B. When a development proposes to provide on ‐site Rental BMR units, the
affordability requirements for units shall be as follows:
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1. Sixty percent (60%) of BMR units as very low‐income and forty percent (40%)
as low‐income.
2. If a single BMR unit is provided, it shall be designated for very‐low income.
C. When the calculations in A or B (above) result in an odd number, the “extra unit”
shall benefit the median‐income group for Ownership BMR units and the very
low‐income group for on‐site Rental BMR units.
Affordability of Units – Example
Ownership BMR Units Rental BMR Units*
# of BMR Units
Required*
# of Median
Income Units
# of Moderate
Income Units
# of Very‐Low
Income Units
# of Low Income
Units
1 1 0 1 0
4 2 2 2 2
9 5 ** 4 5 4***
* See Chapter 7 for BMR rental units.
** See Section 2.3.1 for extra unit
*** See Section 2.3.2 for fractional units
1.3.2 Fractional Units
A. When computations for the number of required BMR units result in fractional
units, the developer’s obligations shall be as follows:
1. 0.00 ‐ 0.49 of a unit: Pay an in‐lieu fee for the fractional unit in compliance
with Section 2.2.1.
2. 0.50 ‐ 0.99 of a unit: Round up and provide one additional BMR unit.
B. Determination of the in‐lieu fee for fractional units:
1. Determine the total Housing Mitigation Fee for the entire project (as though
impact fees will be paid rather than on ‐site units provided.) The Housing
Mitigation Fee for the project is calculated by multiplying the gross floor area
of the project by the applicable affordable housing mitigation fee based on the
fee schedule in effect.
2. Determine the Housing Mitigation Fee per affordable unit by dividing the
total Housing Mitigation Fee as calculated in B1 (see above) by the total
number of required affordable units (even if fractional).
3. Determine the in‐lieu fee owed for the fractional unit by multiplying the
Housing Mitigation Fee per affordable unit as calculated in B3 (see above) by
the fractional amount.
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Example
Residential project: 42 units; BMR requirement = 8.4 units
Gross Floor Area/home = 3,000 sq. ft. (excluding exemptions)
On‐site requirement = 8 BMR units; In‐lieu fee requirement = 0.4 unit
Affordable housing mitigation fee = $20/sq. ft (assumed)
In‐lieu fee calculated as follows:
Step 1: Total Housing Mitigation Fee = 42 units x 3,000 sq. ft. x $20/sq. ft. = $2,520,000.
Step 2: Impact fee per affordable unit = $2,520,000 ÷ 8.4 BMR units = $300,000 per BMR unit.
Step 3: In‐lieu fractional impact fee = $300,000 x 0.4 = $120,000.
Note: The fee calculation and estimates above are examples only and may not reflect actual fees.
1.3.3 Affordable Housing Plan
A. For projects that propose BMR units, the applicant shall submit an “Affordable
Housing Plan,” describing how a development project will comply with the
Cityʹs BMR requirements, with the application for the first approval of the project.
B. The plan shall identify the BMR units or parcels in the development.
C. If alternatives are proposed in compliance with Chapter 7, the plan shall identify
how the proposal is equivalent to the BMR requirements of Chapter 4.
D. An applicant may submit a request for a waiver or modification of the Cityʹs BMR
requirements concurrently with the application for the first approval of the project,
based upon a showing that applying the requirements would result in an
unconstitutional taking of property or would result in any other unconstitutional
result. The request must set forth in detail the factual and legal basis for the claim.
The request for the waiver or modification will be processed concurrently with the
affordable housing plan and all other permits required for the project.
E. The decision‐making body with authority to approve the project shall review and
may approve, conditionally approve, or deny the Affordable Housing Plan.
However, the City Council shall review and may approve, conditionally approve,
or deny an Affordable Housing Plan that proposes alternatives to the BMR
requirements of Chapter 3, 4, and/or 5 or that requests a waiver or modification of
the BMR requirements. The waiver or modification may be approved only to the
extent necessary to avoid an unconstitutional result, based on the City Attorneyʹs
legal advice, after adoption of written findings based on legal analysis and
substantial evidence. If a waiver or modification is granted, any change in the
project will invalidate the waiver or modification, and a new application will be
required for a waiver or modification.
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1.3.4 BMR Unit Design Requirements
A. BMR units shall be comparable to market rate units in terms of unit type, number
of bedrooms per unit, quality of exterior appearance and overall quality of
construction.
B. BMR unit size should be generally representative of the unit sizes within the
market‐rate portion of residential project.
C. Interior features and finishes in affordable units shall be durable, of good quality
and consistent with contemporary standards for new housing.
D. The BMR units shall be dispersed throughout the residential project.
1.3.5 Initial Maximum Sales Prices and Rents of BMR Units
A. For Sale BMR Units
The maximum initial sales prices of BMR units will be determined by the City, or
its agent, based on the maximum affordable housing cost provisions of Section
50052.5 of the California Health and Safety Code and the most recent published
State Department of Housing and Community Development (HCD) income limits,
as follows:
1. Determine the annual median income, based on HCD income tables for Santa
Clara County, for a household size that is one person more than the number
of bedrooms in the BMR unit.
2. Multiply the median income by the following:
a. 110% for a BMR moderate income unit; and
b. 90% for a BMR median income unit.
3. Obtain the maximum annual housing allowance by multiplying the annual
income from Step 2 above by 0.35 (moderate‐income) or 0.30 (median‐ income).
4. Obtain the maximum monthly housing allowance by dividing the annual
housing allowance by 12.
5. Determine the maximum mortgage that can be financed:
a. The City’s BMR ownership program requires a minimum borrower down
payment of 5%; therefore, the first mortgage loan amount will be calculated
at a 95% loan‐to‐value (LTV) ratio. In order to determine the primary
mortgage interest rate at least two City BMR approved lenders will be
contacted for a 30 year fully amortized fixed‐rate primary home mortgage
interest rate quote based on specific BMR sales price scenarios. Either use
the average of the BMR lender interest rate quotes or 0.5% higher interest
rate than interest rate quotes.
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b. Determine the maximum home mortgage that can be financed based on
the principal and interest (P&I) mortgage payment as determined by the
interest rate in Step 5a. The total monthly housing expense shall include
the P&I mortgage payment, property taxes, mortgage insurance (if
applicable), homeowner’s insurance, and homeowner’s association (HOA)
fees.
c. Determine the maximum initial BMR unit sales price by adding up the total
monthly housing expense as described in Step 5b. The proposed total
monthly housing expenses cannot exceed the maximum monthly housing
allowance as described in step 4.
B. Rental BMR Units
1. The maximum initial rents for BMR units are set at a level affordable to low and
very low‐income households. The maximum initial rents for BMR units shall be
determined based on:
a. Maximum housing allowance of 30% of gross income for a household size of
one person more than the number of bedrooms in the rental BMR unit, and
b. For low income units, assume household income at 60% of median‐ income,
and for very low‐income units, assume household income at 50% of median‐
income.
2. The maximum rents for BMR units and maximum household income limits are
revised annually following the annual publication of HCD income limits for Santa
Clara County.
3. ʺRentʺ includes monthly rent paid to the property owner, utilities, and all fees for
parking and other housing services. A reasonable utility allowance, as determined
by the tables published annually by the Santa Clara County Housing Authority,
shall be deducted from the maximum monthly rents for those utilities paid by the
tenant.
4. Where affordable housing units are developed with other state or federal housing
program assistance, the rental price requirements of the state or federal housing
program will supersede the price limitations of these Guidelines where they are
more stringent.
1.3.6 Terms of Af fordability
Affordable housing is subject to recorded covenants that require the units be
occupied at prices/rents that are affordable to Low to Moderate ‐income households
for a period of not less than 99 years from the date of first occupancy of the unit.
These deed restrictions shall run with the land and will remain in effect for
subsequent buyers and owners.
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1.3.7 Agreement between Developer and City
A. Prior to recordation of a final or parcel map or issuance of any building permit,
whichever is earlier, an affordable housing agreement shall be recorded against
the property. The affordable housing agreement shall include, but not be limited
to, the following:
1. Total number of BMR units, type, location, square footage and number of
bedrooms, and construction scheduling of market‐rate and BMR units;
2. Provisions to ensure concurrent construction and completion of BMR and
market‐rate units;
3. Affordability levels for each BMR unit;
4. Provisions for income certification and screening of potential occupants of
BMR units;
5. Resale control mechanisms;
6. Financing of ongoing administrative and monitoring costs (City and private);
7. If applicable, a relocation plan for tenants of rental BMR units upon sale of
units or redevelopment of site; and
8. Other reasonably required provisions to implement the Affordable Housing
Plan.
B. Agreements for projects that provide alternatives to BMR requirements shall
additionally contain provisions to ensure that the alternative requirements are
completed prior to occupancy of the market rate development.
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2 Mitigation Requirements of Non‐Residential Developments
3.1 Requirements
A. All non‐residential projects that result in a net increase in gross floor area shall be
required to pay the Affordable Housing Mitigation Fee in compliance with Section 2.2 of
this manual.
B. Projects may propose alternatives to the BMR requirement in A (see above) in compliance
with Chapter 7 of this manual.
3.2 Non‐Residential Fee Calculations
Non‐residential affordable housing mitigation fees shall be calculated by multiplying the
increase in gross square footage (SF) by the applicable non‐residential affordable housing
mitigation fee.
Example Calculation of Non‐Residential Affordable Housing Mitigation Fee
Scenario Applicable SF Fee Amount per SF of
Gross Floor Area †
Total Fee
Demolish and rebuild retail project:
Existing Gross sq. ft. = 10,000 sq. ft.;
New Gross sq. ft. = 15,000 sq. ft.
5,000 sq. ft.
$10.00/sq. ft.
$50,000
New construction:
Commercial office = 50,000 sq. ft.;
Police substation = 1,500 sq. ft.*;
Parking garage = 48,000 sq. ft.*
50,000 sq. ft.
$20.00/sq. ft.
$1,000,000
Note: * Exempt
† The fee amounts above are examples only and may not reflect actual fee amounts.
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3 Mitigation Requirements of Ownership Residential Developments
3.1 Requirements
A. An ownership residential development is any residential development that includes the
approval of a subdivision map and creates one or more units that may be sold
individually. It also includes a condominium conversion.
B.All ownership projects that result in the net increase in units shall be required to
provide BMR mitigations in compliance with Section 4.2 and 4.3.
C.Projects that propose alternatives to the BMR requirement in A (see above) shall do so
in compliance with Chapter 7 of this manual.
3.2 BMR Requirements for Developments with One (1) to Six (6)Four (4) Units
New ownership projects adding one to six four units may either pay the Affordable Housing
Mitigation Fee in compliance with Section 2.2 or provide one BMR unit in compliance with
Section 2.3.
Example Calculation of Ownership Affordable Housing Mitigation Fee (1‐6 units)
Scenario Applicable
SF
Fee Amount per SF of
Gross Floor Area † Total Fee
New single family home or townhome:
Gross sq. ft. = 3,025 sq. ft.;
Garage = 425 sq. ft.*
2,600 sq. ft. $20.00/sq. ft. $52,000
New 54 unit multifamily ownership development:
Gross sq. ft. = 10,000 sq. ft;
Garage = 4,000 sq. ft.*
6,000 sq. ft. $20.00/sq. ft. $120,000
Note: * Exempt;
† The fee amounts above are examples only and may not reflect actual fee amounts.
3.3 BMR Requirements for Developments with Seven (7)Five (5) or more Units
New ownership projects with seven five or more units or lots shall provide at least 20% of
the units or lots as BMR ownership units or lots per Section 2.3.
Example Calculation of Ownership Affordable Housing Mitigation Fee (7+ units)
Scenario BMR requirement BMR
units Fees
New 24‐unit ownership townhome project 24 x 20% = 4.8 units 5 units* N/A
New 46‐unit condominium development 46 x 20% = 9.2 units 9 units Pay fee for 0.2 unit
per Section 2.3.2
Note: * Additional unit if over 0.49 per Section 2.3.2;
† The fee amounts above are examples only and may not reflect actual fee amounts.
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4 Mitigation Requirements of Rental Residential Developments
4.1 Requirements
A. A rental residential development is any residential development that creates new
dwelling units that cannot be sold individually.
B. All rental projects that result in the net increase in units shall be required to provide
BMR mitigations in compliance with Section 5.2 and 5.3.
C. Projects that propose alternatives to the BMR requirement in A (see above) shall do so
in compliance with Chapter 7 of this manual.
4.2 BMR Requirements for Developments with One (1) to Six (6)Four (4) Units
New rental projects adding one to six four units may either pay the Affordable Housing
Mitigation Fee in compliance with Section 2.2 or provide one BMR unit in compliance
with Section 2.3.
Example Calculation of Residential Affordable Housing Impact Fee (Rental Projects)
Scenario Fee Amount per SF of
Gross Floor Area † Total Fee
New 5 4 unit multifamily rental development:
Gross livable sq. ft. = 5,000 sq. ft; $20.00/sq. ft. $100,000
Note: † The fee amounts above are examples only and may not reflect actual fee amounts
4.3 BMR Requirements for Developments with Seven (7)Five (5) or more Units
New rental projects with seven five or more units shall provide at least 15% of the units
or lots as BMR ownership units or lots per Section 2.3.
Example Calculation of Rental Affordable Housing Mitigation Fee (7+ units)
Scenario BMR requirement BMR
units Fees
New 25‐unit rental project 25 x 15% = 3.75 units 4 units* NA
New 45‐unit rental project 45 x 15% = 8.25 units 8 units Pay fee for 0.25 unit
per Section 2.3.2
Note: * Additional unit if over 0.49 per Section 2.3.2;
† The fee amounts above are examples only and may not reflect actual fee amounts.
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5 Mitigation Requirements for Mixed‐Use Projects
5.1 Requirements
A. All new and redeveloped mixed‐use developments shall comply with requirements in:
1. Chapter 3 for non‐residential components; and/or
2. Chapter 4 for residential ownership components; and/or
3. Chapter 5 for residential rental components.
B. Projects that propose alternatives to the BMR requirements in A (see above) shall do so
in compliance with Chapter 7 of this manual.
5.2 Mixed‐Use Mitigation Fee Calculations
Example Calculation of Residential Affordable Housing Mitigation Fee
Scenario Applicable SF Fee Amount per SF of Gross
Floor Area †
Total
Mitigation
New mixed‐use project:
Res. condos (2 units) = 3,000 sq. ft.;
Office = 5,000 sq. ft.;
Parking Garage = 850 sq. ft.*
Res. = 3,000 sq. ft.
Off. = 5,000 sq. ft. Residential Ownership fee =
$20.00/sq. ft.
Residential Rental fee =
$25.00/sq. ft.
Residential Rental BMR Units
= 15%
Residential Ownership BMR
units = 20%
Residential Rental fee =
$25.00/sq. ft.
Office fee = $20.00/sq. ft.
Retail & Hotel fee = $10/sq. ft.
$160,000
New mixed‐use project:
Res. Apartments (4 units) = 3,200 sq. ft.;
Retail = 3,500 sq. ft.
Parking Garage = 0 sq. ft.
Res. = 3,200 sq. ft.
Retail = 3,500 sq. ft. $115,000
New mixed‐use project:
Res. rental (120 units) = 110,000 sq. ft.;
Retail space = 50,000 sq. ft.;
Hotel (160 rooms) = 50,000 sq. ft.;
Parking Garage = 150,000 sq. ft.*
Res. = 120 units.
Retail = 50,000 sq.
ft.
Hotel = 50,000 sq. ft.
18 units
plus
$1,000,000
New mixed‐use project:
Res. Condos (120 units) = 110,000 sq. ft.;
Retail space = 10,000 sq. ft.;
Office = 25,000 sq. ft.;
Parking Garage = 60,000 sq. ft.*
Res. = 120 units
Retail = 10,000 sq. ft.
Office = 25,000 sq. ft.
24 units
plus
$600,000
Note: * Exempt
† The fee amounts above are examples only and may not reflect actual fee amounts.
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6 Alternatives to BMR Requirements
The Council may, at its discretion, approve other alternatives to Chapters 3, 4, 5 and 6. The
alternatives proposed shall be equivalent to the applicable BMR requirements for the project.
6.1 Options for Alternatives
A.Options for Alternatives to BMR Requirements may include, but are not limited to the
following:
1.On‐site BMR rental units where ownership units or a fee is required.
2.Purchase of off‐site units to be dedicated and/or rehabilitated as for‐sale or rental BMR
units per Section 2.3.
3.Development of off‐site units to be dedicated as for‐sale or rental BMR units per
Section 2.3.
4.Land for development of affordable housing.
B.The Council may approve, conditionally approve, or deny a proposal to provide
alternatives to BMR requirements.
6.2 Housing Plan for Alternative BMR Requirements
A.If alternatives to BMR requirements are proposed, an Affordable Housing Plan shall, in
addition to the requirements of Se ction 2.3.3:
1.Demonstrate equivalency of the alternative to BMR requirements
2.Rental BMR units shall be affordable as shown in Section 2.3.1.
3.If off‐site development of BMR units is proposed:
a.Identify the proposed site and demonstrate site control;
b.Identify the developer for the proposed off‐site BMR project;
c.If not appropriately zoned, demonstrate compatibility of the proposed project with
adjacent uses;
d.Provide a financial pro forma identifying all financing sources to fully fund an
affordable project; and
e.Provide a plan for completion of the off‐site BMR development, prior to
approval of the market‐rate project. The Affordable Housing Plan shall
additionally include, but not be limited to, the following items prior to any
parcel or final map or issuance of building permits for the market‐rate project,
whichever is earlier:
i.Transfer of property to BMR developer;
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ii. Recordation of a city‐approved deed restriction against the property;
iii. Discretionary approvals from the City for the proposed BMR development;
iv. Committed financing for the project in an escrow account or an account
approved by the City with joint signatory authority with the City and firm
commitments from lenders or other sources of financing for the project; and
v. A contingency plan, including a schedule of timing and agreement to
provide the required on ‐site BMR mitigation, in the event the off‐site BMR
units are not completed prior to completion of the market rate development.
B. The City may retain a consultant, at the developerʹs expense, to review the reasonableness
of the proposal and the submitted pro‐forma.
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7 City Incentives
7.1 Density Bonus
To maximize housing opportunity and partially assist the developer by reducing or
eliminating the development cost for the affordable units, a density bonus consistent with
Chapter 19.56 of the Cupertino Municipal Code, Density Bonus, will be permitted.
7.2 Financial Assistance
If the project qualifies, the City may choose to utilize BMR AHF monies to create a
greater percentage of affordable units at greater affordability than otherwise required (very
low and low income in for‐sale developments; extremely low and very low in rental
developments).
7.3 Fee Waivers
The City may consider waiving park dedication and construction tax fees for affordable units.
7.4 Priority Processing
The City shall, wherever possible, consider expediting the processing of developments with
affordable units.
7.5 City Certification of Buyer and Tenant Eligibility
The City or its agent shall certify the eligibility of all proposed buyers and renters of BMR
units.
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CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF
REZONING FOR CERTAIN SITES IN THE CITY FOR CONFORMANCE
WITH THE GENERAL PLAN AND HOUSING ELEMENT
The Planning Commission recommends approval of the rezoning to the City of Cupertino
Municipal Code with the findings reflected in the Draft Ordinance attached hereto as
Exhibit Z.
PASSED AND ADOPTED this ____ day of June 2024, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
Piu Ghosh (she/her) David Fung, Chair
Planning Manager Planning Commission
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EXHIBIT Z
ORDINANCE NO. 24 –
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF CUPERTINO REZONING CERTAIN SITES
IN THE CITY FOR CONFORMANCE WITH GENERAL PLAN
AND HOUSING ELEMENT
SECTION I: PROJECT DESCRIPTION
Application No: Z‐2023‐001
Applicant: City of Cupertino
Location: Citywide
SECTION II: RECITALS
WHEREAS, state law requires the City to prepare and adopt an updated Housing
Element every eight years to accommodate its fair share of housing and identify housing
needs, resources and opportunities;
WHEREAS, pursuant to State Housing Law, the City prepared and presented a draft 6th
Cycle Housing Element to the California Department of Housing and Community
Development (HCD) on March 28, 2024,
WHEREAS, HCD informed the City in a letter dated April 10, 2024 that the proposed
Draft Housing Element is conditionally certified, pending rezoning of the Priority
Housing Sites, and any associated rezoning required, to accommodate the City’s Regional
Housing Needs Allocation (RHNA); and
WHEREAS, pursuant to State Housing Law, the City Council adopted the City’s 6th Cycle
Housing Element on May 14, 2024 with Resolution 24‐XXXX; and
WHEREAS, the Municipal Code amendment will be consistent with the Cityʹs General
Plan land use map, proposed uses and surrounding uses; and
WHEREAS, the necessary public notices have been given as required by the Municipal
Code of the City of Cupertino and the Government Code, and the Planning Commission
held a public hearing on June 11, 2024 to consider the project; and
WHEREAS, based on substantial evidence in the administrative record, on June 11, 2024
the Planning Commission recommended that the City Council adopt the Municipal Code
Amendments to make changes to conform to the General Plan and Housing Element and
other clean up text edits (MCA‐2023‐001) in substantially similar form to the Resolution
presented (Resolution no. XXXX); approve the Zoning Map Amendments, Z‐2023‐001, in
substantially similar form to the Resolution presented (Resolution no. XXXX); approve
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the Specific Plan Amendments (SPA‐2024‐001) in substantially similar form to the
Resolution presented (Resolution no. XXXX); and
WHEREAS, the City Council of the City of Cupertino held a duly noticed public hearing
on July X, 2024, and after considering all testimony and written materials provided in
connection with that hearing introduced this ordinance and waived the reading thereof;
and
WHEREAS, the City Council of the City of Cupertino is the decision‐making body for
this Ordinance;
WHEREAS, the City entered into a Stipulated Judgement dated January 8, 2024 pursuant
to a lawsuit related to adoption of the Housing Element which included requirements for
coming into compliance with state housing element law ________ and exempted the City
from the California Environmental Quality Act (“CEQA”) pursuant to Government Code
section 65759; and
WHEREAS, pursuant to Government Code 65759, the General Plan Amendment to adopt the
Housing Element and associated amendments to the General Plan and zoning is fully described
and analyzed in the Environmental Assessment, which is incorporated into the General Plan as
Appendix G;
WHEREAS, the City Council finds the following:
1.That the proposed zoning is in accord with the Municipal Code and the Cityʹs
Comprehensive General Plan.
The proposed zoning is in conformance with the General Plan since the City Council adopted
amendments to the General Plan, including changes to land use designations, in May 2024
with adoption of the Housing Element. These changes are mere conforming changes to make
the City’s zoning map conform to the land use map. Additionally, some minor changes to the
colors on the map are to reflect changes to the legend to accommodate new zoning designations.
2.The proposed zoning is in compliance with the provisions of the California
Environmental Quality Act (CEQA).
Pursuant to Govt. Code Section 65759, the zoning actions related to bringing the City’s
Housing Element into compliance with state law are exempt from CEQA. An Environmental
Assessment was prepared, also in compliance with state law. This Environmental Assessment
identified all feasible mitigation measures and was adopted as Appendix G – General Plan
2040 and Zoning Code Amendments Environmental Assessment of the General Plan as
required by state law. The site(s) are physically suitable (including, but not limited to, access,
provision of utilities, compatibility with adjoining land uses, and absence of physical
constraints) for the proposed zoning designation(s) and anticipated land use development(s).
The sites being rezoned have access to utilities and are compatible with adjoining land uses.
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3. The proposed zoning will promote orderly development of the City.
The proposed zoning aligns zoning with the City’s General Plan land use goals and policies
related to locating higher density development close to transit corridors. The sites being
rezoned will promote orderly development in the City by allowing similar land uses to be
located compatibly. The proposed changes also allow the City to comply with the requirements
of state law related to housing.
4. That the proposed zoning is not detrimental to the health, safety, peace, morals and
general welfare of persons residing or working in the neighborhood of subject parcels.
The proposed zoning is not detrimental to the health, safety, peace, morals and general welfare
since these are conforming changes. Additionally, where health or safety impacts have been
identified mitigation measures have been identified which would be applicable to any
development on these sites, including those implemented through the City’s existing
Municipal Code requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN
AS FOLLOWS:
Section 1. Rezoning.
That the property described in attached Exhibits Z‐1 have a zoning designation as that
shown, and is incorporated into the Master Zoning Map (Exhibit Z‐2) of the City of
Cupertino and the Heart of the City Specific Plan Area Zoning Map (Exhibit Z‐3), which
is also incorporated into the Master Zoning Map; and
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, clause 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.
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Section 3. California Environmental Quality Act.
Adoption of these zoning amendments to allow implementation of the Housing Element
is exempted from the California Environmental Quality Act (“CEQA”) pursuant to
Government Code section 65759.
Section 4. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days from and after adoption
as provided by Government Code Section 36937.
INTRODUCED at a regular meeting of the Cupertino City Council the ____ day of
___________ 2024 and ENACTED at a regular meeting of the Cupertino City Council on
this ____ day of ___________ 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
______________________
Sheila Mohan, Mayor
City of Cupertino
________________________
Date
ATTEST:
_______________________
Kirsten Squarcia, City Clerk
________________________
Date
APPROVED AS TO FORM:
_______________________
Christopher D. Jensen, City Attorney
________________________
Date
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EXHIBIT Z‐1
APN Acres Existing Zoning Designation New Zoning
316 23 027 0.64 P(CG, Res) R4
369 03 005 0.47 P(CG, Res) R4
326 34 047 1.09 P(CG, Res) R4
359 07 006 0.32 P(CG, Res) R4
375 06 006 1.71 P(CG, Res) R4
375 06 007 0.96 P(CG, Res) R4
316 21 031 1.81 P(CG, Res) R4
316 23 026 1.78 P(CG, Res) R4
326 32 050 0.83 P(CG, Res) R4
326 27 053 0.75 T R4
323 36 018 0.42 P(CG) R4
316 04 064 0.44 A1‐43 R3/TH
369 37 022 0.39 R3 R4
369 37 023 0.22 R3 R3/TH
369 37 024 0.17 R3 R3/TH
369 34 053 0.54 P(CG) R3/TH
359 18 044 0.26 P(CG) R4
366 10 121 1.34 P(CG, Res 5‐15) R3/TH
366 10 137 0.92 P(CG, Res 5‐15) R3/TH
366 19 047 2.33 P(CG, Res 5‐15) R4
366 19 078 0.08 P(CG, Res 5‐15) R4
359 09 017 1.00 P(CG, Res) R4
316 20 088 5.16 CG R4
359 13 019 0.99 R1‐10 R3
356 06 001 0.73 R1‐7.5 R3/TH
356 06 002 0.69 R1‐7.5 R3/TH
356 06 003 0.25 R1‐7.5 R3/TH
356 06 004 0.87 R1‐7.5 R3/TH
362 31 001 0.25 P(R3) R3/TH
362 31 030 0.23 P(R3) R3/TH
326 20 034 1.34 R1‐10 R3/TH
316 23 093 1.35 P(CG, Res) P (CG/R4)
316 23 036 0.24 P(CG, Res) P (CG/R4)
369 06 002 0.9 P(CG, Res) P (CG/R4)
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EXHIBIT Z‐1
1 Land Use designation and residential density changed only for a 178 feet by 208 feet portion of
this site on the western portion closest to Stevens Creek Boulevard as shown in Santa Clara
County Assessor’s Office’s records Book 359 Page 8 (Revised 2022‐2023).
2 Land Use designation and residential density changed only for a 180.75 feet by 180.75 feet
portion of the northwest corner of the site is rezoned as shown in Santa Clara County Assessor’s
Office’s records Book 359 Page 20 (Revised 2022‐2023). rezoned as shown in Santa Clara County
Assessor’s Office’s records Book 359 Page 20 (Revised 2022‐2023).
APN Acres Existing Zoning Designation New Zoning
369 06 003 0.53 P(CG, Res) P (CG/R4)
369 06 004 1.29 P(CG, Res) P (CG/R4)
359 10 015 1.18 P(CG) P (CG/R4)
359 10 060 0.98 P(CG) P (CG/R4)
359 10 044 0.18 P(CG) P (CG/R4)
359 08 025 0.83 P(CG, Res) P (CG/R4)
359 08 026 0.45 P(CG, Res) P (CG/R4)
359 08 027 0.87 P(CG, Res) P (CG/R4)
359 08 028 1 0.85 P(CG, Res) P (CG/R4)
326 09 052 0.74 P(CG) P (CG/R4)
326 09 060 2.75 P(Rec/Enter) P (CG/R4)
326 09 061 1.12 P(CG) P (CG/R4)
369 34 052 2.70 P(CG) P (CG/R4)
369 37 028 0.56 P(CG) P (CG/R4)
366 19 055 0.40 P(CG, Res 5‐15) P (CG/R3/TH)
366 19 053 0.56 P(CG, Res 5‐15) P (CG/R3/TH)
366 19 054 1.75 P(CG, Res 5‐15) P (CG/R3/TH)
316 05 050 1.02 P(CG, Res) P (CG/R4)
316 05 051 0.62 P(CG, Res) P (CG/R4)
316 05 052 0.73 P(CG, Res) P (CG/2R4)
316 05 053 0.92 P(CG, Res) P (CG/R4)
316 05 056 6.94 P(CG, Res) P (CG/R4)
316 05 072 0.54 P(CG, Res) P (CG/R4)
359 20 028 2 0.75 BQ P (CG/R3)
316 06 058 6.62 P(Res – 70) No change
316 06 059 5.42 P(Res – 70) No change
316 06 060 0.45 P(Res – 70) No change
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EXHIBIT Z-2
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Exhibit Z-3
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