Reso 6832CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California. 95014
RESOLUTION NO. 6832
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE
AMENDING CHAPTER 9.22, PROPERTY MAINTENANCE, CHAPTER 19.12,
ADMINISTRATION, CHAPTER 19.112, ACCESSORY DWELLING UNITS IN
R-1, RHS, A AND A-1 ZONES, AND MINOR AMENDMENTS IN CHAPTER
19.08, DEFINITIONS, CHAPTER 19.24, AGRICULTURAL (A) AND
AGRICULTURAL -RESIDENTIAL (A-1) ZONES, CHAPTER 19.28, SINGLE-
FAMILY RESIDENTIAL (R-1) ZONES, CHAPTER 19.36, MULTIPLE -FAMILY
RESIDENTIAL (R-3) ZONES, CHAPTER 19.40, RESIDENTIAL HILLSIDE (RHS)
ZONES, CHAPTER 19.60, GENERAL COMMERCIAL (CG) ZONES, CHAPTER
19.64, PERMITTED, CONDITIONAL AND EXCLUDED USES IN OFFICE AND
INDUSTRIAL ZONES AND 19.116, CONVERSIONS OF APARTMENT
PROJECTS TO COMMON INTEREST DEVELOPMENTS
The Planning Commission recommends approval of 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 CUPERTINO
AMENDING CHAPTER 9.22, PROPERTY MAINTENANCE, CHAPTER 19.12,
ADMINISTRATION, CHAPTER 19.112, ACCESSORY DWELLING UNITS IN R
1, RHS, A AND A-1 ZONES, AND MINOR AMENDMENTS IN CHAPTER:
19.08, DEFINITIONS, CHAPTER 19.24, AGRICULTURAL (A) AND
AGRICULTURAL -RESIDENTIAL (A-1) ZONES, CHAPTER 19.28, SINGLE-
FAMILY RESIDENTIAL (R-1) ZONES, CHAPTER 19.36, MULTIPLE -FAMILY
RESIDENTIAL (R-3) ZONES, CHAPTER 19.40, RESIDENTIAL HILLSIDE (RHS)
ZONES, CHAPTER 19.60, GENERAL COMMERCIAL (CG) ZONES, CHAPTER
19.64, PERMITTED, CONDITIONAL AND EXCLUDED USES IN OFFICE AND
INDUSTRIAL ZONES AND 19.116, CONVERSIONS OF APARTMENT
PROJECTS TO COMMON INTEREST DEVELOPMENTS
With the following amendments:
1. Chapter 9.22, Property Maintenance, add language to also allow the keeping
of storage containers if screenedwith temporary construction fencing while
1
permitted, active and continuous, construction is occurring on the property;
and
2. Chapter 19.112, Accessory Dwelling Units in R-1, RHS, A and A-1 zones,
reduce the maximum allowable size of Accessory Dwelling Units as follows:
a. For Lots < 10,000 sq. ft.: 700 sq. ft.
b. For Lots >_ 10,000 sq. ft.: 1,000 sq. ft.
PASSED AND ADOPTED this 23rd day of May 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: Chair Sun, Vice Chair Paulsen, Liu, Fung, Takahashi
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST:
Piu Ghosh
Principal Planner
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APPROVED:
Don Sun, Chair
Planning Commission
EXHIBIT "A"
Draft Ordinance No. 16-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 9.22, PROPERTY MAINTENANCE, CHAPTER 19.12,
ADMINISTRATION, CHAPTER 19.112, ACCESSORY DWELLING UNITS IN
R-1, RHS, A AND A-1 ZONES, AND MINOR AMENDMENTS IN CHAPTER
19.08, DEFINITIONS, CHAPTER 19.24, AGRICULTURAL (A) AND
AGRICULTURAL -RESIDENTIAL (A-1) ZONES, CHAPTER 19.28, SINGLE-
FAMILY RESIDENTIAL (R-1) ZONES, CHAPTER 19.36, MULTIPLE -FAMILY
RESIDENTIAL (R-3) ZONES, CHAPTER 19.40, RESIDENTIAL HILLSIDE (RHS)
ZONES, CHAPTER 19.60, GENERAL COMMERCIAL (CG) ZONES, CHAPTER
19.64, PERMITTED, CONDITIONAL AND EXCLUDED USES IN OFFICE AND
INDUSTRIAL ZONES AND 19.116, CONVERSIONS OF APARTMENT
PROJECTS TO COMMON INTEREST DEVELOPMENTS
WHEREAS, 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 categorically exempt as there is no
potential for this action to cause a significant effect on the environment and/or any
project would be exempt under relevant provisions of CEQA guidelines, including, but
not limited to Existing Facilities (Sec. 15301), Replacement or Reconstruction (Seca
15302), or Construction or Conversion of Small Structures (Sec. 15303).
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
udgment;determines the Ordinance to be not a project or exempt from CEQA as stated above;
NOW, THEREFORE, THE CITY COUNCIL OF THE OF CI'T'Y OF CUPERTINO
DOES ORDAIN AS ]FOLLOWS:
SECTION 1. Chapter 9.22, of Title 9 of the Cupertino Municipal Code is hereby
amended to read as follows:
CHANTER 9.22: PROPERTY MAINTENANCE
Section
9.22.010 Purpose.
9.22.020 Unlawful acts.
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9.22.030 Penalties.
9.22.040 Enforcement of other laws unaffected.
9.22.050 Notice to Franchise Tax Board.
9.22.010 Purpose.
The purpose of this chapter is to promote the health, safety and welfare of the people of
the City of Cupertino, and to protect the City's neighborhoods against blighting and
deteriorating influences or conditions that contribute to the downgrading of
neighborhood aesthetics and property values by establishing minimum standards, in
addition to standards contained in other laws, rules and regulations, for the
maintenance of all building exteriors, premises and vacant land.
9.22.020 Unlawful Acts.
Except for any property which has a valid permit to maintain such a condition, no
owner(s), agent(s) or lessee(s) or other person(s) occupying or having control of any real
property (including City property) within the City shall maintain or allow to be
maintained any of the following conditions except as allowed in Table 9.22.020:
Table 9.22.020 Unlawful Acts
In any front, side or rear yard areas
visible from a public street or sidewalk
A. Storage or placement of any of the following that
could be unsightly and/or constitute an attractive
nuisance:
1. Household appliances, equipment, machinery, or
Not Allowed in excess of 72 hours
furniture, other than that designed and used for
outdoor activities, including, but not limited to,
refrigerators, washing machines, sinks, stoves,
heaters, boilers, tanks, or any part of any listed item;
2. Loose materials, including but not limited to, sand
Not Allowed, except if screened with
dirt, gravel, concrete or any similar materials;
temporary construction fencing while
permitted, active and continuous,
construction is occurring on the property
3. Building materials, including but not limited to,
Not Allowed, except if screened with
lumber, fixtures, or salvage materials recovered
temporary construction fencing while
during demolition;
permitted, active and continuous,
construction is occurring on the property
4. Temporary Fencing;
Not Allowed, except while permitted,
active and continuous, construction
occurring on the property i
able 9.220020 Unlawful Acts
In any front, side or ream yard areas
visible from a public street or sidewalk
5. Storage Containers and similar items;
Not Allowed on more than two (2)
occasions in a calendar year and not
more than fifteen (15) days on each
occasion.
B.
An accumulation of:
1. Glass, paper, metal, plastic, or other recyclables
Not Allowed
2. Litter, junk, machine parts, scrap material, waste
Not Allowed
paper, boxes and cartons, packing materials,
combustible trash, tires, or vehicle arts;
C.
Dead, decayed, or diseased trees, weeds, or other
Not Allowed
vegetation likely to cause a fire or health hazard, an
infestation, or a habitat for rodents;
D.
A lack of adequate landscaping, or groundcover
Not Allowed
sufficient to prevent blowing dust and erosion;
E.
Tree stump(s) with a trunk diameter greater than six
Not Allowed
inches and a height of greater than 2.5 feet. As used
herein "tree stamp" means the base part of a tree or the
trunk protruding above ground in which 90% or more
of the foliage or canopy of the tree has been removed.
This prohibition applies to all tree stumps in the City
including those described in Chapters 14.12 (Street
Trees) and ' in Chapter 14.18 (Protected Trees).
Excepted from this prohibition are trees which are
pollarded in accordance with the American National
Standards Institute (ANSI) A300-2001 standards.
F.
Maintenance of any structure in a state of substantial
Not Allowed
deterioration, where such condition would have a
tendency to depreciate the aesthetic and property
values of surrounding properties, including but not
limited to, peeling paint on a fagade, broken windows,
damaged porches, broken steps, roofs in disrepair, and
other such deterioration or disrepair not otherwise
constituting a violation;
90220030 Penalties.
Any person who violates the provisions of this chapter shall upon conviction by
guilty of an infraction punishable in accordance with the provisions of Chapter 1.12.
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9.22.040 Enforcement of Other Laws Unaffected
Nothing in this chapter affects the power of the City or authorized law enforcement
officers to prosecute violators of any statute of the State of California or other
ordinances of the City (including the provisions of Chapters 1.09 and
Section 1.12.030 regarding nuisance abatement.)
9.22.050 Notice to Franchise Tax Board.
If a property owner fails to correct a violation relating to substandard housing within
six months or the time prescribed in a written notice of violation, whichever is later, the
City Manager or his designee may submit a notice of noncompliance to the Franchise
Tax Board to prohibit individuals, banks and corporations from claiming deductions for
interest, taxes, depreciation or amortization with respect to the substandard housing
pursuant to the provisions of Sections 17274 and 24436.5, as applicable, of the California
Revenue and Taxation Code.
SECTION 2. Cupertino Municipal Code section 19.08.030L of Chapter 19.08 of Title
19 is amended by editing the following definition:
"Living space" means, for the purposes of Chapter 19.112, Accessory Dwelling Units
in R-1, RHS, A and A-1 Zones, the same as that set forth in CA Government Code
Section 65852.2(i).
SECTION 3. Table 19.20.020 of Section 19.12.030 of Chapter 19.12 of Title 19 of the
Cupertino Municipal Code is hereby amended to read as follows:
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Notes:
A. Permits can be processed concurrently with other applications, at the discretion of
the Director of Community Development.
B. Projects with combined applications shall be processed at the highest level of
approval in conformance with Section 19.04.090.
C. Public Hearing: Projects types that need noticing pursuant to the CA Government
Code; Public Meeting: Project types that need only a mailed notice and no
newspaper notices; Comment Period: Project types that need only a mailed notice
and do not need a public hearing or public meeting.
D. Noticing Radius of an application in a combined application shall correspond to the
maximum noticing radius required for any one of the applications.
E. Expiration date of an application in a combined application shall correspond to the
maximum expiration date allowed for any one of the development applications (not
including Subdivision Map Act applications, General Plan Amendments and Zoning
Map or Text Amendments.)
F. Major General Plan Amendment, Conditional Use Permit, Development Permit
application - for more than ten thousand square feet of commercial and/or industrial
and/or office and/or other non-residential use, or greater than six residential units
G. Minor General Plan Amendment, Conditional Use Permit, Development Permit
application - for ten thousand square feet or less of commercial and/or industrial
and/or office and/or other non-residential use, or six or less residential units.
H. City Council review for applications with new development greater than fifty
thousand square feet of commercial, and/or greater than one hundred thousand
square feet of industrial and/or office and/or other non-residential use, and/or
greater than fifty residential units.
Planning Commission review for all other applications.
I. Please see specific zoning district regulations or chapters in this title that apply to the
subject property or project for approval authority.
J. Major Architectural and Site Approval application - architectural and site approval
for all projects that are not a Minor Architectural and Site Approval application.
K. Minor Architectural and Site Approval application - single family home in a planned
development zoning district, minor building architectural modifications,
landscaping, signs and lighting for new development, redevelopment or
modification in such zones where review is required and minor modifications of
duplex and multi -family buildings.
L. Meeting type and noticing are dependent on the underlying permit being modified.
M. Appeals of Design Review Committee decisions shall be heard by the City Council.
N. Parking Exceptions approved by the Director of Community Development need a
comment period.
12
Parking Exceptions approved by the Design Review Committee need a public
meeting.
O. Parking Exceptions in Single-family residential (R1) zones and Duplex (R2) zones
need adjacent noticing.
All other Parking Exceptions need notices within three hundred feet of the exterior
boundary of the subject property.
P. Application must be filed prior to expiration date of permit. Permit is extended until
decision of the Approval Body on the extension.
SECTION 4. Section 19.12.080 of Chapter 19.12 of Title 19 of the Cupertino
Municipal Code is hereby amended to read as follows:
19.12.080 Application ]process
Unless otherwise specified in this title, all 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 showing the
location of the property for which the permit is sought;
2. A preliminary title report of the subject property;
3. 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;
5. Maps showing the locations of buildings;
6. Renderings showing building heights and square footages;
7. Maps showing the precise location of roads, streets, alleys and access points;
8. A traffic analysis, if required;
9. A construction plan,
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10. Any property/development with a Homeowner's Association (HOA) or
Architectural Review Board (ARB) shall provide a letter of approval from said
HOA Board 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 Planned Development Zoning Districts shall also
include information required per Section 19.80.040;
b. Zoning applications for Multi -Family (R3) Residential shall also include
information required per Section 19.36.040; and
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 19.44.050H.
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.
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.
SECTION 5. Section 19.12.100 of Chapter 19.12 of Title 19 of the Cupertino
Municipal Code is hereby amended to read as follows:
19.12.100 Decision
A. 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.
B. Unless postponed or continued with the mutual consent of the Director of
Community Development and the applicant and written confirmation from the
applicant, a decision shall be rendered:
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1. No later than sixty (60) days following the date the application is deemed
complete and either categorically exempt under the California Environmental
Quality Act (CEQA) or the adoption of a negative declaration or one hundred
and eighty (180) days of certification of an Environmental Impact Report (EIR).
2. Notwithstanding the above; no later than one hundred and fifty (150) days upon
receipt of a complete application for a new personal wireless communication
facility or ninety (90) days upon receipt of an application for collocation of a
personal wireless communication facility/antennas.
SECTION 6. Section 19.12.110 of Chapter 19.12 of Title 19 of the Cupertino
Municipal Code is hereby amended to read as follows:
19012.110 Noticing.
A. Notice of Public Dearing: Noticing shall be provided in the following manner for
applications that need a public hearing:
1. Notice of hearing shall be given by publication once in a local, newspaper of
general circulation not less than ten days prior to the date of the hearing as
provided in Section 65090 of the California Government Code;
2. The City shall mail written notice by first class mail to:
a. Each owner of record of real property within the noticing radius per Section
19.12.030 of the exterior boundary of the property for which the application is
made as the owner of record is shown in the last tax assessment roll pursuant
to Section 65091 of the California Government Code;
b. Owner(s) of subject site or his or her authorized agent
c. Project applicant(s)
d. Local agencies expected to provide water, sewage, streets, roads, schools or
other essential facilities or services to the proposed project;
e. Any individual or entity that has filed a written request with the City Clerk
requesting notification of public hearings
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 lieuof 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;
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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.
D. Notice of Comment Period: For projects requiring notice of a comment period, notice
shall be mailed in accord with 19.12.110A(2) and A(5), fourteen calendar days prior
to the date of action on the application.
1. For permits issued pursuant to Chapter 19.28, Single Family Residential, the
mailed notice shall include a copy of the site plan and elevation plans of the
proposed project.
2. For permits issued pursuant to Chapter 14.18, Protected Trees, the mailed notice
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. Posted Site Notice:
1. Applicants shall install notice(s) on the subject site that is/are clearly visible and
legible from the right-of-way in accord with the requirements of Table 19.12.030.
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a. Applicants must install a site notice in the front yard of the subject site.
b. For all applications other than Two Story Permits, Residential Design Review
and Tree 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.
2. The notice shall be a weatherproof sign, firmly attached to 5 foot tall posts and:
a. For Two Story Permits, Residential Design Review, and Tree Removal
applications in R1 or R2 zones, shall be at least 2 feet tall and 3 feet wide.
b. For all other applications that need a site notice, shall be at least 4 feet tall
and 6 feet wide.
3. The notice 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.
4. The notice shall contain the following:
a. The exact address of the property, if known, or the location of the property, if
the address is not known;
b. A brief description of the proposed project, the content of which shall be at
the sole discretion of the City;
c. City contact information for public inquiries;
d. A deadline for the submission 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.
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SECTION 7. Section 19.12.180 of Chapter 19.12 of Title 19 of the Cupertino
Municipal Code is hereby amended to read as follows:
19.12.180 Expiration, Extension and Revocation.
A. Expiration.
1. Approval on a permit or variance shall become null and void and of no effect,
within the time frame specified in Section 19.12.030 following its issuance, unless
a shorter or longer time period is specifically prescribed in the conditions of
permit or variance, unless:
a. A building permit is filed and accepted by the City (fees paid and control
number issued.) In the event that a building permit expires for any reason,
the permit shall become null and void.
b. A permit or variance shall be deemed "vested" when actual substantial and
continuous activity has taken place upon the land subject to the permit or
variance or, in the event of the erection or modification of a structure or
structures, when sufficient building activity has occurred and continues to
occur in a diligent manner.
2. Notwithstanding subsection 1 of this section, if the use for which a conditional
use permit was granted and utilized has ceased or has been suspended for one
year or more, the permit becomes null and void.
3. Unless a variance or exception has expired pursuant to subsection 1 of this
section, it shall continue to exist for the life of the existing structure or such
structure as may be constructed pursuant to the approval, unless a different time
period is specified in its issuance. A variance or exception from the parking and
loading regulations, and a sign exception shall be valid only during the period of
continuous operations of the use and/or structure for which the variance or
exception was issued.
B. Extensions. A permit or variance may, in accord with Section 19.12.030, Approval
Authority, be extended for the time frame specified in Section 19.12.030, upon timely
submittal of an application with the Director of Community Development prior to
expiration.
C. Violation. Once a permit or variance is effective, any and all conditions of approval
imposed shall become operative, and the violation of any of them constitute a
violation of this Code.
D. Revocation.
1. Process: In any case where, in the judgment of the Director, substantial evidence
indicates that the conditions of a permit or variance have not been implemented,
or where the permit or variance is being conducted in a manner detrimental to
the public health, safety, and welfare, the Director shall set a date for a public
hearing before the decision maker granting the original permit or variance, and
notice a public hearing in accordance with Section 19.12.110, Noticing, of this
code.
2. Findings: A permit may be revoked or modified if any one of the following
findings can be made:
L That the permit was obtained by misrepresentation or fraud;
ii. That the improvement, use or activity authorized in compliance with the
permit had ceased or was suspended for one year or more;
iii. That one or more of the conditions of the permit have not been met; or
iv. That the owner or occupant of the property is conducting the use or any
associated or other use of the property in violation of the law.
In the case of revocation of a sign permit, the sign was abandoned for a period of thirty
days.
SECTION 8. The text prior to Table 19.24.050 in Section 19.24.050 of Title 19 of
the Cupertino Municipal Code is hereby amended to be numbered, entitled, and to read
as follows:
Table 19.24.050 sets forth the rules and, regulations pertaining to the development of
structures on property zoned Agricultural (A) and Agricultural -Residential (A-1).
SECTION 9. The text prior to Table 19.28.070 in Section 19.28.070 of Title 19 of
the Cupertino Municipal Code is hereby amended to be numbered, entitled, and to read
as follows:
Table 19.28.070 sets forth the rules and regulations pertaining to the development of
structures on property zoned R1-5, 6, 7.5, 8, 10, 20 etc., and R1 -6e in the Single -Family
Residential District.
SECTION 110. The text prior to Table 19.36.070 in Section 19.36.070 of Title 19 of
the Cupertino Municipal Code is hereby amended to be numbered, entitled, and to read
as follows:
Table 19.36.070 sets forth the rules and regulations pertaining to the development of
structures on property zoned multiple -family residential (R-3).
SECTION 11. Chapter 19.40.050 of Title 19 of the Cupertino Municipal Code is
hereby amended to be numbered, entitled; and to read as follows:
19.40.050 Site Development Regulations.
The following guidelines, shown in Table 19.40.050, are a compilation of policies
described in the General Plan and are intended to govern the preparation of
development plans in RHS zones. All provisions of this section, .except subsections A, B
-19-
and C, may be deviated from with a Hillside Exception in accordance with Section
19.40.040 and 19.40.070.
Table 19.40.050: Site Development Regulations
A. Density
1. Dwelling Unit
Determined by Appendix F of the General Plan based upon slope
Density
density standards described therein.
2. Transfer of density
Density credits derived from application of a slope density
credits
formula to a lot or a group of lots may not be transferred to
property outside any approved subdivision or parcel map
boundary.
B. Minimum Lot Area
1. By zoning district
Lot area shall correspond to the number (multiplied by one
symbol:
thousand square feet) following the RHS zoning symbol.
Examples:
RHS -20: Minimum lot size of 20,000 square feet (20 1,000 s.f.)
RHS -120: Minimum lot size of 120,000 square feet (120 * 1,000 s.f.)
RHS -218: Minimum lot size of 218,000 square feet (218 * 1,000 s.f.)
2. For subdivision
Minimum lot area shall be in accordance with Appendix F of the
General Plan, unless clustered in accordance with Section
18.52.030 (Hillside Subdivisions). The minimum lot area shall be
10,000 square feet for each unit in a clustered subdivision.
3. Subdividable lots
Lot size zoning designation shall be assigned at time of
subdivision
4. Non-subdividable
Shall reflect the existing lot size
legally -created, developed
lots
C. Minimum Lot Width
a. 70 feet at front setback line.
b. No minimum lot width for lots served by private driveway
and which do not adjoin a public street.
D. Development on
A Hillside Exception shall be obtained to construct structures or
Substandard Lots
improvements on existing vacant legal lots.
E. Site Grading
1. Maximum Grading
a. Cumulative total of 2,500 cubic yards, cut plus fill.Includes:
Quantity
grading for building pad, yard areas, driveway and all other areas
requiring grading.Excludes: basements
b. All cut and fill shall be rounded to contour with natural
contours and planted with landscaping which meets the
requirements in Section 19.40.050G
2. Graded Area
Shall be limited to the building pad area to the greatest extent
possible
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3. Multiple Driveways
Grading quantities shall be divided equally among the
participating lots. E.g., two lots sharing a driveway shall divide
the driveway grading quantity in half. The divided share will be
charged against the grading quantity allowed for that lot
development.
4. Flat Yard Area
Limited to a maximum of 2,500 square feet, excluding driveways
E. Site Grading (Cont.)
5. Soil Erosion and
A licensed landscape architect shall review grading plans and
Screening of Cut and Fill
shall, in consultation with the applicant and the City Engineer,
Slopes Plan
submit a plan to prevent soil erosion and to screen cut and fill
slopes.
F. Landscaping
1. Tree Planting Plan
Shall be prepared by a licensed landscape architect to:
a. Screen the residential structures to the greatest possible extent
2. Landscape
Requirements
b. Reintroduce trees on barren slopes which were denuded by
prior agricultural activities. Must comply with the Chapter 14.15,
Landscaping Ordinance and Wildland Urban Interface Fire Area
(WUIFA) requirements
3. Installation of
Must be installed prior to final occupancy unless it is not
Landscape Improvements
practicable. If not installed, the applicant shall post a bond, cash or
other security to insure installation within an 18month period
from occupancy.
4. Landscape
All such landscape areas shall be properly maintained in
Maintenance
conformance with the requirements of Chapter 14.15, Landscape
Ordinance.
5. Dative Frees
Should be integrated into the site design to the greatest extent
possible.
G. Watercourse protection
1. Watercourse and
Any watercourse identified in Figure HS — 6 in the City's General
Existing riparian
Plan and its existing riparian vegetation must be shown on all
Vegetation
development plans.
2. Setback
The setback shall be measured from the top of bank of the
watercourses or from existing riparian vegetation, whichever is
greater. The setback from riparian vegetation will be measured
from the drip line perimeter. All new development, including
structures, grading and clearing, must be set back as follows.
a. Lots < 1 acre
50 feet
b. Lots > I acre
100 feet
H. Development Near Prominent Ridgelines
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1. New structures
Shall not disrupt a 15% site line from a prominent ridge as
identified in Appendix A. The fifteen percent site line shall be
measured from the top of ridge at the closest point from the
structure.
2. Additions to existing
May not further encroach into the site line. For example, the
structures within the
addition may not add height or bulk which may increase the
15% site line of
disruption to the fifteen percent ridgeline site line.
prominent ridgeline
3. Impractible Clause
If (1) and (2) above are not practicable, alternatives may be
considered through the exception process.
I. Development on
Hillside Exception required for all grading, structures and other
Slopes of >_ 30%
develo ment > 500 square feet.
J. Trail Linkages and
1. Site plan must identify trail linkages as shown in the General
Lots Adjoining Public
Plan Trail Plan, on and adjacent to the site.
Open Spaces Site Plan
2. If a trail linkage is identified across a property being
developed, development shall not take place within that area
unless approved through the exception process.
3. For lots adjoining Public Open Spaces, driveways and
buildings shall be located as far as feasible from the Public Open
Space and designed in a manner to minimize impacts on the Public
Open Space.
K. Views and Privacy
It is not the responsibility of City Government to ensure the
privacy protection of the building permit applicant or owners of
surrounding properties that may be affected by the structure
under construction. However, the Director of Community
Development may confer with the building permit applicant to
discuss alternate means of preventing privacy intrusion and
preserving views.
19.40.060 Building Development Regulations.
All provisions of this section may be deviated from upon obtaining a Hillside
Exception in accordance with Section 19.40.070.
Table 19.40.060 sets forth the rules and regulations pertaining to the development of
structures on property zoned Residential Hillside (RHS).
-22-
Table 19.40.060: Building Development Regulations
A. Floor Area Ratio (FAR)
Lesser of:
® 6,500 square feet; or
1. Maximum
Allowable
Development
2. Slope
Adjustment
Factor based
on Average
Slope of Net
]Lot Area
® 4,500 square feet plus 59.59 square feet for every 1,000 square feet over
10,000 square of net lot area, times the slope adjustment factor pursuant to
Section 19.40.060(A)(2)*
Net Lot Area -10000
*Formula = (4,500 + 1000 (59.59)) x (Slope Adjustment Factor)
Avg. I Reduction (1.5 x
Slope (Average Slope - 0.1))
a. Average I No reduction in allowable floor area <- 10%
Slope:5 10%® 1 Slope Adjustment Factor =1
11%
12%
13%
14%
15
16%
17%
18%
19%
20%
21%
22%
23%
24%
25%
26%
27%
28%
29%
Allowable floor area shall be
c. Average reduced by a constant 30 percent >- 30%
Slope >_ 30%
Slope Adjustment Factor = (1- 0.3)
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0%
1.5%
3%
4.5%
6%
7.5%
9%
10.5%
12%
13.5%
15%
16.5%
18%
19.5%
21%
22.5%
24%
25.5%
27%
28.5%
30%
A reduction in allowable floor area
by one and one-half percent (1.5%)
b. Average
for each percent of slope over 10
Slope
percent.
between
10% and
Slope Adjustment Factor = (1- (1.5
30%m
x (Average slope of net lot area -
0.1))
11%
12%
13%
14%
15
16%
17%
18%
19%
20%
21%
22%
23%
24%
25%
26%
27%
28%
29%
Allowable floor area shall be
c. Average reduced by a constant 30 percent >- 30%
Slope >_ 30%
Slope Adjustment Factor = (1- 0.3)
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0%
1.5%
3%
4.5%
6%
7.5%
9%
10.5%
12%
13.5%
15%
16.5%
18%
19.5%
21%
22.5%
24%
25.5%
27%
28.5%
30%
3. Additional Regulations for Lots Within Clustered Subdivisions where Land is Reserved fi
Common Open Space
a. Lot Area for calculating
May count a proportionate share of the reserved private open space
FAR
to arrive at lot area for purposes of calculating FAR.
No developable lot in a cluster development can exceed forty -five -
b. Maximum FAR prior to
percent floor area ratio, prior to applying the slope adjustment
slope consideration
factor, when a portion of the private open space is attributed to the
lot area for calculating FAR
c. Average slope of lot
Calculated on the developable lot only.
B. Height of Buildings and
Structures
Limited to 30 feet
C. Setbacks
Habitable Third Floor
First Floor
Second Floor
(or portions of structures
taller than 20 feet)
1. Front -yard
a. Slope <_ 20%
20 feet
Driveway and
garage must
25 feet
25 feet
be designed
b. Slope > 20%
10 feet
to enable
25 feet
25 feet
vehicles to
park off-street
2. Side -yard
a. Interior Side
10 feet
15 feet
20 feet
b. Street Side on Corner
Lot
15 feet
15 feet
20 feet
3. Rear -yard T20
feet
25 feet
25 feet
D. Second Story Decks and Patios Minimum Setbacks
Habitable Third Floor
First Floor
Second Floor
(or portions of structures
taller than 20 feet)
1. Front Yard
-
17 feet
17 feet
2. Side Yard
-
15 feet
15 feet
3. Rear Yard
-
20 feet
20 feet
24
Downhill Facing Elevation
. Second Story Downhill Facing Wall Plane Offset
i. Average of 7 feet 6 inches for 75% of the second story downhill
facing wall plane shall be setback and
a. Offset from First Floor
ii. Not less than five feet.
Downhill Wall Plane
iii. The remaining 25% may not extend past the first story wall
plane.
b. Multiple Downhill
Offset shall apply only the primary setback affected.
Facing Wall Planes
i. Offset may be measured from the outside perimeter of first-story
roofed porches.
c. Offset from First Floor
ii. Roof of the porch must match, in pitch and style, the roof of the
Roofed Porches
main structure.
iii. Porch must be at least 5 feet in width and extend the length of
the wall on which it is located.
2. Maximum Wall Height on
15 feet
Downhill Elevation
Permitted Yard Encroachments
a. Where a building legally constructed according to existing first
floor yard and setback regulations at the time of construction
encroaches upon present required first floor setbacks, one
encroaching side of the existing structure may be extended along
existing building lines.
1° Extension of a Legal Non-
b. Only one such extension shall be permitted for the life of the
conforming Nall plane for
building. _
structures not located within a
c. Encroachments into a required yard which are the result of the
prominent ridgeline site line
granting of a variance may not be further extended.
d. Further encroachment into a required setback is not allowed. Le.,
a non-conforming setback may not be further reduced.
e. In no case shall any wall plane of a first-story addition be placed
closer than three feet to any property line.
a. May extend into a required yard a distance not exceeding three
feet.
2. Architectural Features
b. No architectural feature, or combination thereof, whether a
portion of a principal or accessory structure, may extend closer than
three feet to any property line.
-25-
G. Accessory Structures
(including attached patio
As allowed by Chapter 19.100, Accessory Buildings/Structures
covers)
H. Design Standards
1. Building and Roof Forms
a. Natural Contours
Building shall follow as closely as possible the primary natural
contour of the lot.
b. Building Mass and Roof
The main building mass shall be on the upslope side of the building
Pitches
and the roof pitches shall trend downslope.
c. Second Story Dormers
Permitted within the second story setbacks as long as they are
minor in shape and size.
d. Downhill Elevation of
Shall have a minimum of four offset building and roof elements to
main structure
provide varied building forms to produce shadow patterns which
reduce the impact of visual mass.
Wall planes exceeding one story or 20 feet in height, whichever is
e. High Wall Planes
more restrictive, shall contain architectural elements in order to
provide relief and to break up expansive wall planes.
2. Colors
All structures on the lot shall use natural earth tone and/or
a. Natural Earth Tones
vegetation colors which complement the natural surroundings.
Natural earth -tone and vegetation colors include natural hues of
brown, green and shades of gray.
b. Reflectivity Value
Shall not exceed 60 on a flat surface
3. Outdoor Lighting
All outdoor lighting shall be identified on the site development
plan.
a. Tennis Court and Other
Recreational Purposes
High-intensity lights not permitted.
b. Motion -activated
1. Shall not exceed 100 watts and
Security Lights
2. Must be shielded to avoid all off-site intrusion.
c. Other lighting
Must be directed to meet the particular need.
I. Geologic and Soils Reports
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1. Applicability
A geological report prepared by a certified engineering geologist
and a soils report prepared by a registered civil engineer qualified
in soils mechanics by the State shall be submitted prior to issuance
of permits for construction of any building or structure which:
a. Is located on property in an RHS zoning district which has been
designated by the General Plan to be within a geological hazard
area;
and
b. Where an addition, alteration or repair of an existing building or
structure include at least one of the following:
L The improvements include increasing the occupancy capacity
of the dwelling such as adding a bedroom or secondary unit, or
ii. The cost of the completed addition,- alteration or repairs will,
during any period of twelve months, exceed twenty-five percent of
the value of the existing improvements as determined by the
building official based on current per foot value of the proposed
structure to the existing structure's value on a parcel of property.
For the purposes of this section, the value of existing improvements
shall be deemed to be the estimated cost to rebuild the
improvements in kind, which value shall be determined by the
building official.
These reports shall contain, in addition to the requirements
of Chapter 16.12 of this code, the following:
a. All pertinent data, interpretations and evaluations, based upon
the most current professionally recognized soils and geologic
data;
b. The significance of the interpretations and evaluations with
respect to the actual development or implementation of the
intended land use through identification 'of any significant.
geologic problems, critically expansive soils or .other unstable `soil
2° Content ®f Reports conditions which if not corrected may lead to. structural damage
or aggravation of these geologic problems both on -and off-site;
c. Recommendations for corrective measures deemed necessary to
prevent or significantly mitigate potential damages to the
proposed project -and adjacent properties or to otherwise insure
safe development of the property;
d. Recommendations for additional investigations that should be
made to insure safe development of the property;
e. Any other information deemed appropriate by the City Engineer.
-27-
3. Incorporation of
All building and site plans shall incorporate the above-describE
Recommendations
corrective measures and must be approved by the City EngineE .
29. Automotive service stations, automobile washing facilities
prior to building permit issuance.
J. Private Roads and Driveways
The pavement width and design for a private road or common
1. Pavement Width and
driveway serving two to five lots and a single -lot driveway shall
Design
comply with development standards contained in the Hillside
Subdivision Ordinance, Chapter 18.52 of this code.
The property owner for a lot served by a private road or common
driveway shall, prior to issuance of building permits, record an
2. Reciprocal Ingress/Egress
appropriate deed restriction guaranteeing the following, to
Easement and Reciprocal
adjoining property owners who utilize the private road or common
Maintenance Agreement
driveway for the primary access to their lot(s):
a. Reciprocal ingress/egress easement, and
b. Participation in a reciprocal maintenance agreement.
The setback and height restrictions provided in this chapter may be
varied for a structure utilized for passive or active solar purposes,
K. Solar Design
provided that no such structure shall infringe upon solar easements
or adjoining property owners. Variation from the setback or heig'
restrictions of this chapter may be allowed only upon issuance of i
Administrative Conditional Use Permit subject to Chapter 19.12.
SECTION 10. Row 29 of Table 19.60.030 of Section 19.60.030 in Chapter 19.60.030
of Title 19 of the Cupertino Municipal Code is hereby amended to be read as follows:
19.60.030 Permitted, Conditional and Excluded Uses.
Permitted, Conditional and Excluded Uses that may be conducted from property zoned
general commercial (CG), are identified in Table 19.60.030, Permitted, Conditional and
Excluded Uses in General Commercial Zoning Districts below.
Table 19.60.030: Permitted, Conditional and Excluded Uses in General Commercial Zoning
Districts
Uses
CG
29. Automotive service stations, automobile washing facilities
CUP - PC
-28-
SECTION 11. Row 14 of Table 19.64.020 of Section 19.64.020 in Chapter 19.64.020
of Title 19 of the Cupertino Municipal Code is hereby amended to read as follows:
19.64.020 Permitted, Conditional and ]Excluded Uses in Office and Industrial Zones.
Table 19.64.020 sets forth the Permitted, Conditional and Excluded Uses in Office and
Industrial zones.
___7Table 19.64.0200 Permitted, Conditional and Excluded Uses in Office and Industrial. Zones
Uses
Zoning Districts
OA
OF
MP
ML
14. Automotive service stations, automobile washing
facilities;
-
-
-
CUP -
PC
r!tj
SECTION 11. Chapter 19.112.030 of Title 19 of the Cupertino Municipal Code is
hereby amended to be numbered, entitled, and to read as follows:
19.112.030 Site Development Regulations.
Site Development Regulations for Accessory Dwelling Units are as identified in Table
19.112.030.
Table 19.112.030: Site Development Regulations for Accessory Dwelling Units
Attached to Principal Dwelling Unit
Conversion of portions of
existing structures to an
New addition to existing
accessory dwelling unit and
Detached ,
accessory dwelling unit
new accessory dwelling unit
A.
Size of living space, exclusive of decks
1. Minimum size
150 s.f.
2. Maximum size
a. Lots < 10,000
50 percent of the existing living space of the principal
dwelling unit or 800 s.f. , whichever is more restrictive.
800 s.f.
b. Lots 10,000
50 percent of the existing living space of the principal.
1,200 s.f.
dwelling unit or 1,200 s.f„ whichever is more restrictive.
B.
Second -story
accessory dwelling
unit
Allowed if the unit:
1. Is a conversion of existing second story portions of the
principal dwelling unit; and
2. Complies with applicable landscape requirements to
Not
allowed
adjoining dwellings. consistent with Section 19.28.120
WE
Table 19.112.030: Site Development Regulations for Accessory Dwelling Units
Attached to Principal Dwelling Unit
Conversion of portions of
existing structures to an
New addition to existing
accessory dwelling unit and
Detached
accessory dwelling unit
new accessory dwelling unit
C.
Parkin
1. Parking for
None
One additional off-street parking space
accessory dwelling
shall be provided, if the principal dwelling
unit
unit has less than the minimum off-street
parking spaces for the applicable
residential zoning district in which it is
located, as required in Chapter 19.124
unless the unit meets the following
requirements:
a. Is within one-half (1/2) mile of a public
transit stop; or
b. Located in an architecturally and
historically significant historic district; or
c. Occupant of the ADU is not
allowed/offered a required on-street
parking permit; or
d. Located within one block of a car share
vehiclepick-up location.
2. Replacement
a. Replacement spaces must be provided for the principal dwelling unit
parking spaces
to meet the minimum off-street parking spaces for the applicable
when new
residential zoning district in which it is located, as required in Chapter
accessory dwelling
19.124.
unit converts
b. Replacement spaces may be located in any configuration on the same
existing covered,
lot as the accessory dwelling unit, including but not limited to covered
uncovered or
spaces, uncovered spaces, tandem spaces or by use of mechanical
enclosed parking
automobile parking lifts.
spaces required for
c. Any replacement parking spaces provided must comply with the
the principal
development regulations for the applicable zoning district in which it is
dwelling unit
located, Chapter 19.124, Parking and Chapter 19.100, Accessory
Buildings/Structures.
D.
Direct outside
1. Independent outdoor access must be provided without going
access
through the principal dwelling unit.
2. Where second-story accessory dwelling units are allowed, entry shall
not be provided by an exterior staircase.
-30-
0
Table 19.112.030: Site Development Regulations for Accessory Dwelling Units
Attached to ]principal
Dwelling Unit
Conversion of portions of
existing structures to an
New addition to existing
accessory dwelling unit and
Detached
accessory dwelling unfit
new accessory dwelling unfit
E.
Screening from
All access to accessory dwelling units shall be screened from a public
public street
street.
SECTION 11. Sections 19.116.030 through 19.116.060 of Chapter 19.116 of Title 19
of the Cupertino Municipal Code is hereby amended to be numbered, entitled, and to
read as follows:
19.116.030 General Regulations.
A. Community Impacts.
1. Residential Displacement.
a. i. In. no case shall an apartment project be converted to a common interest
development unless and until it can reasonably be demonstrated that comparable
replacement housing exists within the housing market area to accommodate those
residents .displaced as a direct result of the proposed conversion. The developer shall
provide a relocation/displacement plan which illustrates that sufficient replacement
housing is available in the housing market area within a price range which is equal to or
is less than twenty-five percent of the household income of the tenants to be displaced,
or not to exceed the rent being paid for the existing rental unit to. be converted,
whichever is higher.
li. As used in this section "housing market area" means that area bounded by
Fremont Avenue located in the City of Sunnyvale, to the north, Lawrence Expressway
to the east, Prospect Road to the south, hence along a line generally following the
westerly boundary of the Cupertino Urban Service Area northerly to Highway 280,
hence easterly along Highway 280 to Foothill Boulevard, hence northerly along Foothill
Boulevard to Homestead Road, hence easterly along Homestead to Highway 85, hence
northerly along Highway 85 to Fremont Avenue.
b. Replacement housing must be shown to meet any special needs of disabled
tenants, which are presently available in the project proposed to be converted, such as
facilities for the handicapped, elderly, families with children, and availability of public
transportation for the elderly or residents who do not own an automobile. The plan
shall also demonstrate that all other provisions relating to tenant protection addressed
in the chapter have been fulfilled.
c. A developer may meet the above requirements through the provision of
mitigating factors to diminish the number and/or aid relocation of, displaced tenants
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within the project. Such mitigating measures may include, but are not limited to,
discounting the price of project units to tenant buyers, offering a moving allowance,
extending leases, or providing below -market -rate units.
d. Notwithstanding the above provisions, in no case shall an apartment house be
converted to a common interest development when the vacancy rate for apartment
houses within the housing market area is less than five percent at the time of application
and has averaged five percent over the past six months as determined by surveys
conducted by the Director of Community Development.
1. Conformity with the General Plan. No conversion of apartment houses to
community houses to common interest developments shall be permitted unless and
until the City Council of the City of Cupertino finds that the proposed conversion will
not conflict with the housing goals and policies of the General Plan and will not
adversely impact the local school system.
2. Prohibition of Discriminating Against Prospective Buyers with Children. In no
case shall a common interest development which has been converted, and which can
reasonably accommodate children, as determined in each case by the City Council, limit
initial sales to households or individuals without children.
B. Tenant Protection.
1. The developer shall provide each tenant an irrevocable, nontransferable,
preemptive right to purchase a unit or right of exclusive occupancy at a price not
greater than the price offered to the general public for such unit. Such right shall be
irrevocable for a period of ninety days after the commencement of sales or the issuance
of the final public report by the real estate commissioner. Tenants shall have the right
to the unit presently occupied and then to other units in the project only after they have
been declined for purchase and vacated by the occupying tenants. In no case shall an
existing tenant have a preemptive right to more than one unit.
2. The developer shall offer a ninety -day extension of tenancy after the expiration
of a lease or rental agreement which would expire prior to or at the time of
commencement of sales or issuance of the final public report by the real estate
commissioner.
3. The developer shall permit a tenant to terminate any lease or rental agreement
without any penalty whatsoever after notice has been given of the intention to convert
to a common interest development if such tenant notifies the developer in writing thirty
days in advance of such termination.
C. Buyer Protection. The developer shall furnish each prospective purchaser of a
unit, a true copy of the conditional use permit issued under this chapter and a copy of
each of the following informational documents (the permit and documents shall be
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printed in Spanish or the purchaser's native language if requested):
1. Property report;
2. Structural pest control report;
3. Structural report and building department report;
4. Building history report;
5. Statement of compliance (Form 643) pursuant to 10 California Administrative
Code, Section 2792.9, or its successor, relating to operating and maintenance funds
during startup;
6. Soils report as determined in each case by the Director of Planning and
Development;
7. Certificate of compliance and occupancy.
D. Building and Site Improvements.
1. All private streets, driveways and parking areas for the common interest
developments shall be improved and constructed with a structural section and site
dimensions in accordance with the standards of the City of Cupertino and shall be
designed to ensure that access for municipal services shall not be denied any, dwelling
unit therein by reason of deteriorated or impassable private streets, driveways or
parking areas, as determined by the Director of Public Works or his or her. designee.
2. Sewage collection and water distribution lines on private property, and property
under common ownership shall be covered by one of the following responsibilities.
a. All lines owned and maintained by the corporations shall be constructed to the
City of Cupertino Standard Specifications for Public Works. Water metering and billing
shall be provided at each individual townhouse lot as well as for the entire
development using a master meter. The difference between the sum of the individual
meters and the reading of the master meter will be billed to the corporate structure. A
separate sewer lateral shall be provided to serve each individual parcel.
b. All lines to be owned and maintained by the City of Cupertino, a private water
utility and/or the Cupertino Sanitary District shall be placed in asphalt concrete
driveways, or a covered concrete line trench, acceptable to the Director of Public Works,
or appropriate representation of the private water utility or sanitary district (with the
necessary public utility easement runriing through the project) so as to provide
accessibility for the maintenance of the lines. A water meter and sewer lateral shall be
provided to serve each individual parcel.
c. In cases of conversion to a common interest development not involving
individual ownership of separate parcels (e.g., community apartments, stock
cooperatives, planned developments, etc.), separate utility services will not be required.
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In these cases, utilities will be billed to the homeowners association and a cash deposit
to secure payment of the bill will be required.
3. Undergrounding Requirements. All structures being converted from individual,
corporate or partnership ownership of apartment houses to common interest
developments shall, within the exterior boundary lines of such property, have all
electrical, communication and similar distribution, service wires and/or cables placed
underground.
4. Compliance with Codes. The design, improvement and/or construction of a
common interest development shall conform to and be in full accordance with all
requirements of all building, fire and housing codes, zoning provisions and other
applicable local, State or federal laws or ordinances relating to protection of public
health and safety, in effect at the time of the filing of the tentative map. Also, any
violations of the latest adopted edition of the Uniform Housing Code as prepared by the
International Conference of Building Officials, or its successor, relating specifically to
provisions protecting health and safety of residents, shall be corrected, and any
equipment or facilities which the Building Official determines are deteriorated or
hazardous shall be repaired or replaced. In particular, the developer shall repair or
replace any damaged or infested areas in need of repair or replacement as shown in the
structural pest report. The interpretation of what constitutes a hazard to public health
and safety shall be made by the Director of Community Development, or his or her
designee.
5. Separate Metering. The consumption of gas and electricity within each dwelling
unit shall be separately metered so that the unit owner can be separately billed for each
utility. The requirements of this subsection may be waived where the Director of
Community Development finds that such would not be practical or reasonable. In all
cases, a water shutoff valve shall be provided for each unit.
6. Shock Mounting of Mechanical Equipment. All permanent mechanical
equipment, including domestic appliances, which is determined by the building official
to be a source or a potential source of vibration or noise, shall be shock -mounted,
isolated from the floor and ceiling, or otherwise installed in a manner approved by the
Building Official to lessen the transmission of vibration and noise.
7. Separate Electrical Panel Boards. Each unit shall have its own panel board of
adequate capacity to accommodate all electrical outlets which serve that unit.
8. Impact Sound Insulation. The applicant/owner shall demonstrate that wall and
ceiling assemblies conform to the sound insulation performance criteria promulgated in
Title 25, California Administrative Code, Section 1092, or its successor, and that any
floor covering which is replaced similarly provides the same or greater insulation
qualities.
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9. Storage Requirements. Private, enclosed, weatherproofed and lockable outdoor
storage space shall be provided for each dwelling unit according to the following
schedule:
Number ®f Bedrooms
::[inimum
Space
in Cubic Feet
]Least Dimension
Studio or 1
150
2 feet
2
200
2 feet
3
250
2 feet
4 :=30(
2 feet
The above space shall be provided in the garage or parking area or contiguous to
each unit. This requirement may be waived by the Director of Community
Development if it is determined that sufficient storage space exists to reasonably attain
this standard.
10. Private and Common Area Open Space. The adequacy of open space hall be
reviewed in terms of area and privacy standards. Private outdoor space shall be
provided for each unit, where practical. The amount of space shall be determined in
each case by the size of the unit and amount of common open space. Adjoining units
shall be redesigned or landscaped in such a manner so as to preclude visual intrusion
into private outdoor yards or interior spaces, where practical.
11. Noise Mitigation. Appropriate site design and construction techniques shall be
utilized to ensure isolation from excessive noise sources outside of the project boundary
and to ensure acoustical privacy between adjoining units. If the Director of Community
Development determines that an excessive external noise source exists, the developer
shall retain an acoustical engineer to evaluate the noise impact on the proposed
residential development and develop mitigation measures. The construction shall
comply with the applicable City ordinances and State codes relating to sound
transmission control to ensure acoustical privacy between adjoining dwelling units.
12. Interim Maintenance Standards. The developer shall be responsible for
improving and maintaining the structures and landscaping in accordance with the,
approved architectural and landscaping plans and good maintenance practices prior to
turning them over to the homeowners association. A performance bond , shall be
collected to ensure compliance with this requirement.
19.116.040 lurking.
A. Off -Street Parking. The project shall provide parking consistent with the multi-
family zoning district and the owner shall demonstrate that additional spaces exist to
reasonably accommodate guest parking.
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B. Applicability of City Ordinances Regulating Parking of Trailers and Recreational
Vehicles, Etc. Chapter 19.124, regulating parking and trailers, repairing vehicles, etc.,
shall apply to the private street(s) and to all parking along such street(s). The parking of
recreational vehicles such as boats, trailers, etc., shall be prohibited throughout the
entire development unless such parking is within an enclosed area. Vehicular curb
parking along the private street(s) shall be prohibited except in designated areas.
Appropriate "No Parking" signs shall be installed by the applicant.
19.116.050 Application Requirements.
A. In addition to the requirements of Title 18 of this code (Subdivisions) and the
Subdivision Map Act, an application for the conversion of rental housing into any
common interest development shall require the submittal of the following data, which
data must be submitted to the Director of Community Development at the same time
the tentative map is submitted:
1. A complete legal description of the property;
2. Certification that all tenants in any buildings or structure proposed to be
converted have been notified individually and in writing prior to the time of filing an
application hereunder;
3. A boundary map showing the existing topography of the site and the location of
all existing easements, structures and other improvements, and trees over four inches in
diameter;
4. The proposed organizational documents. In addition to such covenants,
conditions and restrictions that may be required by the Bureau of Real Estate of the
State of California pursuant to Title 6 (Condominiums) of the Civil Code or other State
laws or policies, the organization documents shall provide for the following:
a. Conveyance of units,
b. Assignment of parking and management of common areas within the project,
c. A proposed annual operating budget containing a sinking fund to accumulate
reserve funds to pay for major anticipated maintenance, repair or replacement
expenses,
d. FHA regulatory agreement, if any,
e. The most recent balance sheet of the association,
5. A provision that the annual assessments to members of any association shall
provide for penalties for late payments and reasonable attorney's fees and costs in the
event of default of the members;
6. A provision that allows the association to terminate the contract of any person or
organization engaged by the developer to perform management or maintenance duties
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after any association assumes control of the project or any time thereafter;
7. A property report describing the condition and estimating the remaining useful
life of each of the following elements of each structure situated within the project
proposed for conversion: roofs, foundations, exterior paint, paved surfaces, mechanical
systems, electrical systems, plumbing systems, including sewage systems, sprinkler
systems for landscaping, utility delivery systems, central or community heating and air
conditioning systems, fire protection systems including any automatic sprinkler
systems, alarm systems, or standpipe systems, and structural elements. Such report
shall be prepared by a registered civil or structural engineer, or a licensed general
building contractor or general engineering contractor;
8. A structural pest report prepared by a licensed structural pest control operator
pursuant to Section 8516 of the CA Business and Professions Code, relating to written
reports on the absence or presence of wood -destroying pests or organisms;
9. A structural report describing the physical elements of the project that also
identifies any structural elements which are known to be structurally ;defective or
unsafe so as to impose a hazard to the health and safety of the occupants or users of the
improvements, with the final map submittal. The Director of Community Development
shall maintain a form containing a reasonable list of physical elements to be described in
the report, which form shall be made available to the applicant. The applicant shall
arrange for project inspections by the Building Department to verify the accuracy of the
deficiencies noted in the structural report. The Building Official shall prepare a report
detailing building code deficiencies or other health and safety deficiencies which must
be corrected prior to sale of units of occupancy;
10. A building history report including the following:
a. The date of construction of all elements of the project,
b. A statement of the major uses of the project since construction,
c. The date and description of each major repair of any element since the date of
construction,
d. The date and description of each major renovation of any element since the
date of construction,
e. A statement regarding current ownership of all improvements and underlying
land,
f. The name and address of each present tenant of the project,
g. Failure to provide information required by subsections Al through A6 of this
section, inclusive, shall be accompanied by an affidavit, given under penalty of perjury,
setting forth in detail all efforts undertaken to discover such information and all reasons
why such information cannot be obtained;
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11. A rental history detailing the size in square footage, the current or last rental
rate, the monthly rental rate for the preceding two years, and the monthly vacancy over
the preceding two years of each rental unit proposed to be converted;
12. Condominium Plan. The application for final subdivision map shall include a
copy of the condominium plan prepared pursuant to the CA Civil Code, Section 1351.
The plan shall be submitted for the information of the local governing body and need
not be part of the subdivision map;
13. Project Organization. A written description regarding the proposed project
organization including the use and control of the common elements and recreation
facilities within the project shall be submitted with the tentative map. The statement
shall detail any proposed control of common facilities to be retained by the developer or
to be owned or maintained by any other organization other than the homeowners
association or unit owners.
14. True Copy of Application for Final Public Report and Supplemental
Questionnaire. The application shall include the following information, except that if the
information required to be furnished below is not available at time of application, as a
condition of approval of the permits issued pursuant to this Chapter, the developer
shall provide this information to the City within ten days of issuance by the Bureau of
Real Estate:
a. A true copy of each application submitted to the Bureau of Real Estate of the State
of California for issuance of a final public report for the project proposed for conversion,
including all attachments and exhibits required pursuant to Section 11011 of the
Business and Professions Code.
b. A true copy of the statement of compliance (Form 643, as amended) pursuant to
10 California Administrative Code, Section 2792.9, or its successor, relating to operating
and maintenance funds during the early stages of ownership and operation by the
homeowner's association.
c. A statement whether the developer will provide any capital contribution to the
homeowner's association for deferred maintenance of the common areas, and if so, the
sum and date on which the association will receive said sum;
d. A true copy of the supplemental questionnaire for apartments converted to
common interest developments submitted to the Bureau of Real Estate of the State of
California, including all attachments and exhibits.
15. Relocation Displacement Plan. A relocation displacement plan shall detail the
number of residents which will be displaced as a result of the proposed conversion and
document the reasonable availability of comparable replacement housing in the
Cupertino area within a rental range equal to the range which the tenants have paid as
detailed in a rental report (See Section 19.116.050A11) or within a price range which is
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equal to or less than twenty-five percent of the income range ofeach each household to be
displaced as a result of the conversion whichever is higher. Additionally, replacement
housing must be shown to meet any special needs, which are presently available in the
project, of displaced tenants such as facilities for the handicapped, elderly, households
with children, and availability of public transportation for the elderly or resident buyers
who are temporarily displaced pending completion of improvements to the units being
purchased;
16. Soils Report. A true copy of the soils report originally prepared for the subject
property. In cases where a soils report has never been prepared or when information in
previous reports is considered insufficient, then the developer shall provide a soils
report prepared by a registered civil engineer, or equivalent, which details information
as determined by the Director of Public Works;
17. All information required by Chapter 18.16 or Chapter 18.20, as the case may be,
Chapter 19.12, Chapter 19.80, and such information which the Planning Commission or
the Director of Community Development determines is necessary to evaluate the
proposed project.
1.9.116.060 Application Procedures.
A. Zoning. Any apartment house project proposed to be converted to a common
interest development shall be rezoned to the R1C (single-family cluster) or P(Res)
(planned development project with residential intent) zoning district.
B. Use Permit and Tentative Map or Parcel Map Required. No conversion shall be
permitted unless and until a conditional use permit and tentative map or parcel map
has been applied for and issued pursuant to and in accordance with the provisions of
this chapter and the requirements of the Subdivision Map Act or its successor.
C. Property and Structural Pest Report.
1. After reviewing the property, structural and structural pest reports required to.
be submitted pursuant to Section 19.116.050A8 and inspecting the structures situated
within the project when he or she deems such inspection necessary, the Building Official
shall identify all items if evidenced by such reports and/or inspection to be hazardous to
the life, health or safety of the occupants of such structure within the project, or the
general public. Each permit issued hereunder shall require all of such items to be
corrected to the satisfaction of the Building Official.
2. The Building Official shall review the property report and may require its
revision and resubmission if he or she determines that substantial evidence shows that
any statement therein is without foundation or fact. The report may be revised to reflect
improvement, repair or replacement.
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D. Project Organization Document Review. The project organization documents shall
be submitted to the City Attorney for a determination that such documents comply with
the requirements of this chapter and the applicable State laws.
E. Compliance with Housing, Building Codes and Fire Regulations. If the proposed
project does not comply with the provisions of the State of California Uniform Building
Code and regulations of the Santa Clara Central Fire Protection District, and/or the
Building Official identifies items to be corrected as provided in the above, any use
permit issued pursuant to this part shall require the developer to furnish a bond, in a
penal amount equal to the reasonable estimated cost to bring their project into
compliance with such codes, such fire regulations and/or such identified items to be
corrected. The bond shall run in favor of the individual purchasers and the homeowners
association and shall provide for reasonable attorney's fees in the event of default by the
principal. The City shall hold the bond pending issuance of the certificate of completion.
F. Public Hearings.
1. The City Council is the approval authority for condominium conversion
applications with a recommendation for approval or denial from the Planning
Commission.
2. If the City Council approves the proposed conversion, the applicant will be
required to submit detailed plans with an application for Architectural and Site
Approval for any exterior alterations or improvements to the buildings and/or
landscaping. The Planning Commission will make a final recommendation to the City
Council regarding the improvements. The City Council's final action will be a review of
the architectural plan to determine approval or denial of the project.
3. The final map for the project will be reviewed in compliance with Title 18,
Subdivisions of the Municipal Code.
G. Letter Certifying Compliance. The Director of Community Development shall
cause a final inspection of all buildings and structures to be made, upon request by the
developer, to determine that the requirements of this chapter have been fulfilled. The
Building Official shall then mark the inspection report to show the corrections, repairs
and replacements which have been made. If complete, the Director will cause to be
issued a letter certifying compliance with all of the conditions and approvals and with
this title and authorize sale and/or occupancy of the units. No building or unit applied
for under this chapter shall be sold without the letter certifying compliance and
approving occupancy.
,M
SECTION 12: 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 713: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by
Government Code Section 36937.
SECTION 714: Certiflcation.
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 15: 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.
INTRODUCED at a regular meeting of the Cupertino City Council the day
of 2016 and ENACTED at a regular meeting of the Cupertino City Council
on this of 2016 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
IKAM
APPROVED:
Mayor, City of Cupertino