Reso 6883CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6883 (denial)
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CUPERTINO RECOMMENDING THAT THE CITY COUNCIL DENY AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CIUPERTINO
AMENDING CHAPTER 19.112, ACCESSORY DWELLING UNITS
The Planning Commission recommends denial of the proposed Ordinance with the
findings reflected in the proposed Ordinance, which the Planning Commission makes as
though set forth in their entirety in this Resolution and. 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 19.112, ACCESSORY DWELLING UNITS
PASSED AND ADOPTED this 11th day of June 2019, at a Regular Meeting of the
Planning Commission of the City of Cupertino,State of California, by the following roll
call vote:
AYES: COMMISSIONERS: Fung
NOES: COMMISSIONERS: Chair Wang, Vice Chair Saxena, Moore
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Takahashi
ATTEST:
Benjamin Fu
Acting Director of Community Development
1
APPROVED:
R Wang
Chair, Planning Commission
EXHIBIT "A"
Draft Ordinance No. 19-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 19.112, ACCESSORY DWELLING UNITS
WHEREAS, this Ordinance is determined to be exempt from environmental review
under the California Quality Act of 1970 (Public Resources Code section 21000 et seq.)
("CEQA"), together with the State CEQA Guidelines (California Code of Regulations,
Title 14, Section 15000 et seq.) (hereinafter, "CEQA Guidelines"), in that an Ordinance to
implement the provisions of Government Code Section 65852.2 is statutorily exempt
from CEQA under Public Resources Code Section 21080.17. Any portion of the
proposed Ordinance that is not statutorily exempt 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 the CEQA Guidelines, including,
but not limited to Existing Facilities (Sec. 15301), Replacement or Reconstruction (Sec.
15302), or Construction or Conversion of Small Structures (Sec. 15303). and
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;
and
WHEREAS, as required by Cupertino Municipal Code Section 19.152.030, the City
Council makes the following findings in connection with the changes to zoning
regulations proposed in Chapter 19.112:
1. That the proposed zoning is in accord with Title 19 of the Municipal Code and
the City's Comprehensive General Plan.
The Ordinance modifies Title 19 to eliminate the limitation to '10% of the net lot area'
development standard. The proposed change would be consistent with Title 19 and the General
Plan because the maximum FAR allowed on any given lot would not change, but larger ADUs
would be allowed to be built on smaller lots, promoting additional housing development while
minimizing adverse impacts to neighborhoods.
2. The proposed zoning is in compliance with the provisions of the California
Environmental Quality Act (CEQA).
2
Adoption of zoning code provisions regarding accessory dwelling units are statutorily
exempt from CEQA under Public Resources Code Section 21080.17.
3. The site is physically suitable (including, but not limited to, access, provision of
utilities, compatibility -with adjoining land uses, and absence of physical constraints) for
the requested zoning designation(s) and anticipated land use development(s).
The Ordinance does not change permitted uses or density within the affected zones; it
simply eliminates a size constraint limitation, deferring to existing FAR limits to control
anticipated development intensity.
4. The proposed zoning will promote orderly development of the City.
By updating the ADU development standards, the Ordinance allows for additional
affordable housing development in a way that is consistent with existing FAR controls in Title
19, thereby promoting orderly development.
5. That ,the proposed zoning is not detrimental to the health, safety, peace, morals
and general welfare of persons residing or working in the neighborhood of subject
parcels.
The Ordinance proposes a limited change, in ADU development standards, and
development controls such as FAR will continue to apply, ensuring that new development is not
detrimental to the health, safety, peace, morals and general welfare.
6. The proposed amendments are internally consistent with Title 19.
All necessary chapters and section of the Title 19 have been amended to ensure internal
consistency with the proposed regulations.
NOW, THEREFORE, THE CITY COUNCIL OF TElC3E OF CITE[ OF CUP ERTINO
DOLES ORDAIN AS FOLLOWS:
:,SECTION 1. Table 19.112.030 of Section 19.112.030 of Chapter 19.112 of Title 19 of
the Cupertino Municipal Code is hereby amended to read as follows:
`Fable 19.-112.030: Site Development Regulations for Accessory Dwelling Units
New Construction and/or Additions
Conversion
of s ace
p
Attached to
Detached from
entirely
Principal
Principal Dwelling
within
Dwelling Unit
Unit
-3-
existing
structures
A. Size of living space, exclusive of decks
1. Minimum size 150 s.f.
Maximum of 1,000 s.f., or 50 percent of the existing
2. Maximum size living space of the principal dwelling unit, whichever is
more restrictive.
Allowed if the unit:
1. Is a conversion of existing second story portions of
Second -story accessory the principal dwelling unit; and
B. dwelling unit
2. Complies with applicable landscape requirements to
adjoining dwellings consistent with Section 19.28.120
C. Parking
One additional off-street parking space
shall be provided, if the principal
dwelling unit has less than the
minimum off-street parking spaces for
the applicable residential zoning
district in which it is located, as
required in Chapter 19.124 unless the
unit meets the following requirements:
a. Is within one-half (1/2) mile of a
1. Parking for public transit stop; or
None
accessory dwelling unit 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 vehicle pick-up location.
SECTION 20 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 3e Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by
Government Code Section 36937.
SECTION 4: Certification.
-5-
a. Replacement spaces must be provided for the
principal dwelling unit to meet the minimum off-street
parking spaces for the applicable residential zoning
2. Replacement
district in which it is located, as required in Chapter
parking spaces when
19.124.
new accessory
b. Replacement spaces may be located in any
dwelling unit converts
configuration on the same lot as the accessory dwelling
existing covered,
unit, including but not limited to covered spaces,
uncovered or enclosed
uncovered spaces, tandem spaces or by use of
parking spaces
mechanical automobile parking lifts.
required ;for the
principal dwelling unit.
c. Any replacement parking spaces provided must
comply with the development regulations for the
applicable zoning district in which it is located, Chapter
19.124, Parking and Chapter 19.100, Accessory
Buildings/Structures.
1. Independent outdoor access must be provided
without going through the principal dwelling unit.
D.
Direct outside access
2. Where second -story accessory dwelling units are
allowed, entry shall not be provided by an exterior
staircase.
E.
Screening from public
All access to accessory dwelling units shall be screened
street
from a public street.
SECTION 20 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 3e Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by
Government Code Section 36937.
SECTION 4: Certification.
-5-
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 5k: 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 2019 and ENACTED at a regular meeting of the Cupertino City Council
on this of 2019 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
1126481.1
APPROVED:
Mayor, City of Cupertino