Reso 6825CITY OF CIJ] ERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6825
OF THE PLANNING COMMISSION OF THE CITY OF CUP ERTINO RECOMMENDING
THAT THE CITY COUNCIL APPROVE AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CIUP ERTINO AMENDING TITLE 19, ZONING, OF THE CI_TPERTINO
MUNICIPAL CODE CHAPTER 19.12 (ADMI1 STRATION), CHAPTER 19.20 (PERMITTED,
TED,
CONDITIONAL, AND EXCLUDED USES IN AGRICULTURAL AND RESIDENTIAL
ZONES, AND CHAPTER 19.28 (SINGLE-FAMILY RESIDENTIAL (R-1) ZONES), TO
CREATE A SINGLE -STORY OVERLAY DISTRICT PROCESS
The ]Manning Commission recommends the City Council:
1. ]Find that the Ordinance that proposed Ordinance is not a project within the
meaning of section 15378 of the California Environmental Quality Act (""CEQA"')
Guidelines because it has no potential for resulting in physical change in the
environment, either directly or ultimately; and further find that in the event that
this Ordinance is found to be a project under CEQA, it is subject to the CEQA
exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen
with certainty to have no possibility of a significant effect on the environment; and
20 Adopt the proposed Ordinance in substantially the form as shown in ]Exhibit "A"
attached hereto and entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF C P EIZTINO AMENDING
TITLE E 19, ZONING, OF THE CI_ P ERTINO MUNICIPAL COME CHAPTER 119.12
(ADMINSTRATION), CHANTER 19.20 (PERMITTED., CONDITIONAL AND EXCLUDED
USES IN AGRICULTURAL AND RESIDENTIAL ZONES, AND CHAPTER 19.28 (SINGLE-
FAMILY RESIDENTIAL (R-1) ZONES), TO CREATE A SINGLE -STORY OVERLAY
DISTRICT PROCESS
U
PASSED AND ADOPTED this 14th day of March 2017, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Vice Chair Paulsen, Takahashi, Liu, Fung
NOES: COMMISSIONERS: Chair Sun
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST:
Ben' Fu
Assistant Community Development Director
-2-
APPROVED:
Don Sun
Chair, Planning Commission
MCA -2017-02
EXHIBIT „A/'
Draft Ordinance No. 17-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF C P ERTINO
AMENDING TITLE 19, ZOli IN G, OF Tf-1[IE CJPERTINO MUNICIPAL CODE AND
CHAPTER 19,1.2 (Al MINS` RA` ION), CHAPTER 19020 (PERMITTED,
CONDITIONAL AND EXCLUDED USES IN AGRICULTURAL AND RESIDENTIAL
ZONES, AND CHAPTER 19028 (SINGLE-FAMILY RESIDENTIAL (R-1) ZONES),
TO CREATE A SINGLE -STORY OVERLAY DISTRICT PROCESS
WHEREAS, o August 2, 2016, the City Council directed Staff to develop a process to
allow applicants to submit applications for initiating Single -Story Overlay Districts;
WHEREAS, a community meeting was held on December 7, 2016 to allow the public an
opportunity to review the Taft regulations;
WHEREAS, the necessary public notices have been given as required by the procedural
ordinances of the City of Cupertino and the Government Code, and the ]Manning
Commission held public hearings on March 14, 2017 to consider the project; and
WHEREAS, with ]Resolution No. XXXX the ]Manning Commission has recommended on
a X -X vote that the amendments to the Municipal Code be granted; and
WHEREAS, on April 18, 2017, upon due notice, the City Council has held at least one
public.hearing to consider these amendments to the Municipal Code be granted; and
WHEREAS, REAS, this Ordinance is determined to be not a project under the requirements of
the California Quality Act of 1970, together with related State CEQA Guidelines
(collectively, "CEQA") in that proposed Ordinance is not a project within the meaning
of section x.5378 of the California ]Environmental Quality Act ("CEQA") Guidelines
because it has no potential for resulting in physical change in the environment, either
directly or ultimately. In the event that this Ordinance is found to be a project under
CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section
15061(b)(3) because it can be seen with certainty to have no possibility of a significant
effect on the environment.
WHEREAS, the City Council is the decision-making body for this Ordinance, and
WHEREAS, the City Council before taking action on this Ordinance has reviewed the
not a project determination and exemption, and using its independent judgment,
determines the Ordinance to be not a project or exempt from CEQA as stated above;
NOW, WHEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUP ER INO
DOES ORDAIN AS FOLLOWS:
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SECTION 20 Section 19.12.080, "Application ]process", of Chapter 19.12 of Title
19 of the Cupertino Municipal Code is hereby amended to read as follows:
190120080 Application ]process
The following provisions outline the requirements for the filing of applications for
permits, entitlements, amendments, and approvals. Unless otherwise specified in this
title, all applications for permits, entitlements, amendments and approvals required by
this title shall be filed in compliance with this sections
.Applications for permits, permit modifications, amendments and other matters
pertaining to this Chapter shall be filed with the Director of Community Development
with the following:
A. An application for permit may be made by the owner of record, his or her agent,
lessee(s) of property, or person(s) who have contracted to purchase or lease property
contingent upon their ability to acquire the necessary permit. under this title and
who have written authorization from the property owner to make an application.
B. Application shall be made on a form provided by the City, and shall contain the
following, unless waived by the Director of Community Development based on the
scope of the proposed project:
1. A complete legal description of the subject property and map sowing the
location of the property for which the permit is sought;
2e A preliminary title report of the subject property;
3e The proposed site development plan indicating: the location of all buildings and
structures; the location and types of land uses; paved areas, such as roadways,
driveways and walkways; and general landscaping scheme;
4. Architectural drawings of the proposed development, building additions or
other structures. Drawings shall indicate building height, colors, materials,
window treatment and other architectural features;
50 Maps showing the locations of buildings;
6. Renderings showing building heights and square f ootages;
7. Maps showing the precise location of roads,, streets, alleys and access points;
8. A traffic analysis, if required;
9. A construction plan;
10. Any property/development with a Homeowner's Association (HOA) or
Architectural Review board. (ARB) shall provide a letter of approval from said
HOA Bard or ARB;
11. The Director of Community Development may reasonably require additional
information which is pertinent and essential to the application;
12. Zoning Map or Text Amendments shall also include information required per
Chapter 19.152.
a. Zoning applications for establishment or removal of Single -Story Overlay
District in Single Family (R1) zoning districts (Single -Story Overlay District
Applications) shall also include information required per Section 19.28.050(B);
b. Zoning applications for Multi -Family (R3) Residential shall also include
information required per Section 19.36.040;
c. Zoning applications for Residential Single-family Cluster (R1C) initiated by a
property owner, or his or her designee, shall also include items identified in
Section 19.44.050(H); and
d. Zoning applications for Planned Development Zoning Districts shall also
include information required per Section 19.80.040.
13. Planned Development Permit and Development Permit applications shall also
include information required per Section 19.156.010;
14. Conditional Use Permits and Variances shall also include information required
per Section 19.156.020;
15. Density Bonus Permit applications shall also include information required per
Section 19.56.060;
16. Conversion of Apartment Projects to Common Interest Developments
applications shall also include information required per Section 19.116.050; and
17. Sign Permit Applications should also include information required per Section
19.104.040.
C. Application shall be accompanied by the fee prescribed by City Council resolution,
no part of which shall be returnable to the applicant.
D. The Approval Authority is granted the authority to make the decision to grant,
deny, or impose conditions or restrictions on a permit or other action on a permit as
well as to conduct and make any decisions necessary for environmental review
under the California Environmental Quality Act.
SECTION 3. Section 19.12.090, "Action by Director", of Chapter 19.12 of Title 19
of the Cupertino Municipal Code is hereby amended to read as follows:
19.12.090 Action by Director.
Upon receipt of an application for a permit, the Director of Community Development
shall:
-10-
A. Within thirty days determine whether the application is complete or needs
additional information and shall inform the applicant.
B. Mail ballots to the property owners of record of the properties affected by a Single -
Story Overlay District Application. The ballot shall, in addition to information
related to the proposal, include the following information:
1. ]Proposed Single -Story Overlay District leap pursuant to Section 190280050(13)(1)0
20 Statement indicating that each developable lot of record shall have one (1) vote;
and
3e A date, forty-five (45) calendar days from the date of mailing of the ballot, on
which a completed ballot must be postmarked or received by the City in order to
be accepted.
Co Not later than a period stipulated in Section 190120100, Decision, below:
1. Set a date for a public hearing or public meeting upon the matter at a regular or
spe.cial meeting of the approval authority for the project for applications that
require a public hearing or public meeting, except that Single -Story Overlay
District Applications shall be scheduled for a public hearing, only if the result of
the mailed ballot, pursuant to 19012°090(13) above, indicates support of more than
sixty-six and. two-thirds (66 2/3) percent by the property owners within the
proposed or existing Single -Story Overlay District; or
20 Send notice in accord with the requirements of 19.12.110(D) for applications that
do not need a public hearing or public meeting.
SECTION 4. Section 19.12.1110, "Noticing"',of Chapter 19.12 of 'title 19 of the
Cupertino Municipal Code is hereby amended to read as follows:
19.12.110 Noticing.
Aa Notice of ]public Hearing: Noticing shall be provided in the following manner for
applications that need a public hearing:
10 Notice of hearing shall be given by publication Once in a local newspaper of
general circulation not less than ten days prior to the date of the hearing as
provided in Section 65090 of the California Government Code;
2. The City shall mail written notice by first class mail to:
- 11 -
a. Each owner of record of real property within the noticing radius per Section
19.12.030 of the exterior boundary of the property for which the application is
made as the owner of record is shown in the last tax assessment roll pursuant
to Section 65091 of the California Government Code;
b. Owner(s) of subject site or his or her authorized agent
c. Project applicant(s)
d. Local agencies expected to provide water, sewage, streets, roads, schools or
other essential facilities or services to the proposed project;
e. Any individual or entity that has filed a written request with the City Clerk
requesting notification of public hearings
3. If the number of owners to whom notice would be mailed or delivered pursuant
to subsection A2 above is greater than one thousand, in lieu of mailed or
delivered notice, the Director may provide published notice as provided in
Government Code Section 65091(3).
4. The notice shall contain the following:
a. The exact address of the property, if known, or the location of the property, if
the exact address is not known;
b. The date on which action on the application will be taken;
c. A brief description, the content of which shall be in the sole discretion of the
City, of the proposed project;
d. Reference to the application on file for particulars;
e. A statement that any interested person, or agent thereof, may contact the city
for additional information and/or plans.
Typographical and/or publishing errors shall not invalidate the notice nor any City
action related to the notice.
B. Notice of Public Hearing for Zoning Text Amendments:
1. For amendments to zoning regulations: Notice of such hearing (publication) shall
be given in the manner prescribed in Section 19.12.110 A(1) of this chapter.
2. For amendments to permitted uses of real property: Notice (mailing or
publication) shall be given pursuant to Sections 19.12.110 A(2) or A(3), as the case
may be.
C. Notice of Public Meeting: For projects requiring notice of a public meeting, notice
shall be mailed in accord with 19.12.110A(2) or A(3), as the case may be, at least ten
days prior to the date of the meeting date.
-12-
D. Notice of Comment Period: For projects requiring notice of a comment period, notice
shall be mailed in accord with 19.12.11OA(2) and A(5), fourteen calendar days prior
to the date of action on the application.
1. For permits issued pursuant to Chapter 19.28, Single ]Family Residential, the
mailed notice shall include a copy of the site plan and elevation plans of the
proposed project. .
2. For permits issued pursuant to Chapter 14.18, ]protected Frees, the mailed notice
shall include a copy of the site plan and tree replacement/mitigation plan.
E. The City may also give notice of public hearings/public meetings in any other
manner it deems necessary or desirable. If the Director of Community Development
believes the project may have impacts beyond the range of the mailed notice,
particularly on nearby residential areas, the Director, in his or her discretion, may
expand noticing beyond the stated requirements in Section 19.12.030.
Compliance with the procedures set forth in this section shall constitute a good -faith
effort to provide notice, and the failure to provide notice, and the failure of any to
receive notice, shall not prevent the City from proceeding with a hearing, meeting or
from taking any action nor affect the validity of any action.
F. ]hosted Site Notice:
1. Applicants shall install notice(s) on the subject site that is/are clearly visible from
the street in accord with the requirements of 'Fable 19.12.030.
a. Applicants must install a public notice in the front yard of the subject site,
except that for Single -Story Overlay District Applications, the notice(s) shall be
installed in the closest yard at the boundary(ies) of the proposed District.
b. For all applications other than Two Story Permits, Residential Design Review
and Free Removal applications in R1 or R2 zones, if the subject site has more
than one property line abutting a street, the applicant may be required to
install more than one notice.
c. The notice shall be a weatherproof sip, at least 2 feet tall and 3 feet wide,
firmly attached to a 5 foot tall post.
2. The notice shall be placed at least 14 days prior to the decision/public hearing
and shall remain in place until an action has been taken on the application and
the appeal period has passed.
3. The notice shall contain the following:
-13-
a. The exact address of the property, if known, or the location of the property, if
the address is not known;
b. A brief description of the proposed project, the content of which shall be at
the sole discretion of the City;
c. City contact information for public inquiries;
d. A deadline for the submission of public comments;
e. If proposing a physical alteration to an existing building or new buildings, at
least one of the following visual representations of the proposed project:
i. A color perspective drawing or three-dimensional (3-D) photographic
simulation of the proposed project, in a size deemed appropriate by the
Director of Community Development.
ii. For Two Story Permits and Residential Design Review applications, a color
or black and white perspective drawing or three-dimensional (3-D)
photographic simulation of the proposed project, at least 11 inches by 17
inches in size.
iii. Visual Representation is not required for applications that do not have a
material change in the physical appearance of the property.
SECTION 5. Section 19.20.020, "Permitted, Conditional and Excluded Uses in
Agricultural and Residential Zones", of Chapter 19.20 of Title 19 of the Cupertino
Municipal Code is hereby amended to read as follows:
Table 19.20.020 -Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones
Uses
Zoning Districts
A
A-1
R-1
RHS
RIC
R-2
R-3
5. Two-story structures in an area designated for
one-story limitation pursuant to Section
19.28.040 (I) of this chapter, provided that the
CUP -
Planning Commission determines that the
PC
structure will not result in privacy impacts,
shadowing or intrusive noise, odor, or other
adverse impacts to the surrounding area;
SECTION 6. Section 19.28.040, "Permits Required for Development", of Chapter
19.28 of Title 19 of the Cupertino Municipal Code is hereby amended to read as follows:
19.28.040 Permits Required for Development.
Table 19.28.040 sets forth the planning permits required for development in the Single -
Family Residential district.
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inning permit required prior to
Approval
Type of Prosect
nlding permit application
authority
A.None
One-story project that does not require exception or
variance from the requirements of this ordinance
B. Minor Residential ]hermit,
1. One-story encroachment into a required rear yard
pursuant to Chapter 19012,
setback, subject to requirements of Section
Administration
190280070
20 One-story extension of an existing side yard
nonconforming building wall line, subject to
requirements of Section 190280100 in all districts
except Rl-a
3. One-story project with a gable end of a roof
enclosing an attic space projecting outside the
building envelope, subject to requirements of
Section 190280070 or 19028°080
40 New or expanded second story deck or balcony
with views into neighboring residential side or
rear yards in all districts except Rl-a
5. Any active or passive solar structure that requires
Admin
variation from the setback or height restrictions of
this chapter, provided that provided that no such
structure shall infringe upon solar easements or
adjoining property Owners
6. One or two-story addition or new home -on a
sloped single-family residential lot with
development on building pads/graded areas with
actual slopes equal to or greater than 20% and
with total floor area ratio of all structures on the
lot greater than 35%
Co Director's Minor Modification,
Encroachment of porch elements into the required
pursuant to Chapter 19. 2,
front yard setback in the Rl-a zone, subject to the
Administration
requirements of Section 19.28.100.
Do `two -Story ]hermit, pursuant to
Two-story addition or new two-story home in all
Chapter 19.12, Administration
districts that do not require ][residential Design
][review per Section 19.28°040 (IE) except in an Rl-a
zone o
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Planning permit required prior to
Approval
Type of Project
building permit application
authori
E. Residential Design Review,
Two-story addition or new two-story home in all
pursuant to Chapter 19.12,
districts except R1 -a where:
Administration
Admin.
1. Second floor to first floor area ratio is greater than
with
66%, except any second to first floor ratio for
design
development on building pads/graded areas with
review
actual slopes equal to or greater than 20%; and/or
2. Where second story side yard setback(s) are less
than 15 feet to any interior side property line
DRC
Two-story addition, new two-story home, and/or
with
second story deck in the R1 -a zone
design
review
F. Exception, pursuant to Chapter
One or two-story project requesting an exception
19.12, Administration & Section
from Sections 19.28.070 [Development Regulations
19.28.130, Exceptions
DRC
(Building)], 19.28.080 [Eichler R1 -e Building Design
Requirements], and/or 19.28.110 [Landscape
Requirements].
G. Hillside Exception, pursuant to
Development (area greater than 500 square feet) on
Chapter 19.12, Administration
slopes greater than 30%
H. Architectural and Site Approval,
One or two-story addition or new home on a sloped
pursuant to Chapters 19.12,
single-family residential lot with development on
Administration
building pads/graded areas with actual slopes equal
PC
to or greater than 20% and where the cut plus fill of
the site exceeds 2,500 cubic yards
I. Minor Conditional Use Permit,
Two-story addition or new two-story home in an R1
pursuant to Chapters 19.12,
zoning district with an "i" suffix
Administration
J. Single -Story Overlay District
Establishment or removal of a Single -Story Overlay
Application, pursuant to
CC
District in a Single Family Residential District
Chapter 19.12, Administration
(Addition or removal of the i suffix in an R1 zoning
district)
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SECTION 7. Section 19.28.050, "Zoning Districts Established"', of Chapter 19028
of Title 19 of the Cupertino Municipal Code is hereby amended to read as follows:
190280050 Zoning Districts Established.
A. Fable 190280050 (A) below sets forth the zoning districts established.
Zoning
Zoning Definition
Designation
R1 -X
Single Family residential District- Minimum lot area corresponds
to the number (X), multiplied by 1,000 s are feet
R1 -Xi
Residential Single -]Family Single -Story Overlay District to limit
homes to one Story (not to exceed 18 feet high)- [minimum lot area
corresponds to the number (X), multiplied by 1,000 square feet
preceding the 'i' symbol]. May be combined with all R1 zoning
designations.
R1 -6e
Single Family Residential Eichler District (6,000 minimum lot area)
r1 -a
Single ]Family Residential District with Semi -Rural Characteristics
(10,000 square foot minimum lot area)
B. Establishment or Removal of an existing Single -Story Overlay District (.R1 -Xi): in
addition to the application requirements identified in Chapter 19.12.080, the
applicant shall submit the following:
1. Map delineating proposed boundaries for the Single -Story Overlay District, or
removal thereof, corresponding to natural or man-made features (including, but
not limited to, streets, waterways, zoning boundaries and similar features,)
which would result in the establishment of an identifiable neighborhood;
20 Evidence, to the satisfaction of the City, for an establishment of a Single -Story
Overlay, that a minimum of seventy-five (75) percent of the homes within the
proposed Single -Story Overlay District are single -story;
3. A written statement setting forth the reasons for the application and all facts
relied upon by the applicant in support thereof;
4. Original application petition signed, at a minimum, by sixty-six and two-thirds
(66-2/3) percent of the property owners of record within the proposed or existing
Single -Story Overlay District. The petition shall contain information about the
proposal including, but not be limited to, the following:
ao Map pursuant to Section 190280050(10(1)
bo property Addresses
co Property Owner Name(s) and Original Signatiire(s)
do Applicant Contact information
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SECTION 8: Severability.
Should any provision of this Ordinance, or its application to any person or
circumstance, be determined by a court of competent jurisdiction to be unlawful,
unenforceable or otherwise void, that determination shall have no effect on any other
provision of this Ordinance or the application of this Ordinance to any other person or
circumstance and, to that end, the provisions hereof are severable.
SECTION 9: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by
Government Code Section 36937.
SECTION 10: Certification.
The City Clerk shall certify to the passage and adoption of this Ordinance and
shall give notice of its adoption as required by law. Pursuant to Government Code
Section 36933, a summary of this Ordinance may be published and posted in lieu of
publication and posting of the entire text.
SECTION 11: Continuity.
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 amendments of the earlier
provisions.
of
on this
INTRODUCED at a regular meeting of the Cupertino City Council the day
2017 and ENACTED at a regular meeting of the Cupertino City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
of 2017 by the following vote:
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APPROVED:
Mayor, City of Cupertino