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Reso 6154 MCA-2001-04 CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 RESOLUTION NO. 6154 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING THAT THE CITY COUNCIL AMEND CHAPTERS 19.84 OF THE CUPERTINO MUNICIPAL CODE CONCERNING SECOND DWELLING UNITS. ----------------------------------------------------------- ----------------------------------------------------------- Recommendation of approval is based on Exhibit A as amended. ----------------------------------------------------------- ----------------------------------------------------------- PASSED AND ADOPTED this 26� day of August 2002 at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Auerbach, Chen, Saadati, Wong and Chairperson Corr NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: � ATTEST•.�` APP Steve iasecki Charles Corr, Chairperson Director of Community Development Planning Commission G:\Planning\PDREPORT�RES\MCA-2001-04 reso.doc . EFFECTIVE NOVEMBER 6, 2002 Proposed text is underlined. Deleted text appears in strike-through. ORDINANCE N0.1901 1 � AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ( AMENDING CHAPTER 19.84, SECOND DW.ELLING UNITS IN R-1, RHS, A AND A-1 ZONES, OF THE CUPERTINO MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS � FOLLOWS: I j Chapter 19.84 of the Municipal Code of Cupertino is hereby amended to read as follows: � 19.84.020 A licabili of re lations. � Notwithstanding any provision of this title to the contrary, a second dwelling unit is permitted on lots in R-1, RHS, A and A-1 zoning districts, provided that in addition to complying with the site development regulations specified in those districts for dwelling units, such second dwelling unit complies with the regulations contained in ` this chapter and Chapter 19.80, Accessory Building/Structures. � 19.84.030 Site development regulations. i A) A second dwelling unit located on a lot containing less than ten thousand square � feet must be attached to the principal dwelling and integrated therewith except e�P� ( . . . . . . . �et-�ac-�e��ega�ess�ef '��� in any residential zoning district, if the second dwellin� unit meets the Architectural review criteria described in section 19.84.060. B) All second dwelling units shall have direct outside access without going through the principal dwelling. C) All accesses to secondary units shall be screened from a public street. D) The gross building area of a second dwelling unit shall not exceed °�v'� �^r� ��e�ee� the followin� square foota�e of living space, exclusive of decks and garages_ 1) On lots of 10,000 square feet or �reater, the second dwelling unit shall not exceed 800 square feet. 2) On lots less than 10,000 square feet, the second dwellin� unit shall not exceed 640 sq uare feet. , , �tl �ltl.irci.rt�rirretl� CiXccg�cicr "'��2$1�S� •,11 ��-...,..+,,,..�,� �l-..,11 .,.,+ ..,a 1L.;..i... ... �.�,,,r.� .,� �1,�, .-..,� 1.�.� .� ,,.,,... r,,., -------- ---- - � -- ---- --=- - - --- =--° � r ------- �} � A second dwelling unit may be located on a second story, provided that: Ordinance No. 1901 � � . . , ; . . � 1) It is attached to the �rimary residence; and � 2) Entr,y to the second dwelling unit is not provided by an exterior staircase; and 3) In the o�inion of the Director of Community Develo�ment, the second unit does not result in priva� intrusion to adjoinin� dwellings. 19.84.040 Off-Street Parkin�. - I , , ; , , , I , If the princi�al dwelling unit has less than the minimurn off-street parking spaces for , the a�plicable residential zonin� district in which it is located, as described in Cha�ter ► 19.100, Parkin� Regulations, then one additional off-street parking space shall be I �rovided. I 19.84.070 Nonconforming and ille�al second dwellin� units• , A) A second dwelling which was constructed prior to the enactment by the City of any ► ordinance which regulates seconci dwellings in R-1, RHS, A or A-1 zoning districts but which was constructed in conformance with applicable site development and building code regulations in effect at the time of construction is governed by the provisions of Chapter 19.108, Nonconforming Uses and Facilities. B) Illegal Second Units. A second dwelling� which was constructed without a building permit or in conflict with the applicable site development or building regulations at the time of construction� may only be permitted upon the owner of such a unit obtaining �proval of the Desi�n Review Committee, based u,�on the Architectural review criteria stated in section 19.84.060. Ordinance No. 1901 INTRODUCED at a regular -adjourned meeting of the City Council of the City of Cupertino this 16th day of September, 2002, and ENACTED at a regular meeting of the City Council of the City of Cupertino this day of , 2002, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN ATTEST: APPROVED: City Clerk Mayor, City of Cupertino �