Reso 6897 CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6897
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CUPERTINO RECOMMENDING THAT THE CITY COUNCIL APPROVE AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 19.112-ACCESSORY DWELLING UNITS, CHAPTER
19.20-PERMITTED, CONDITIONAL AND EXCLUDED USES IN
AGRICULTURAL AND RESIDENTIAL ZONES AND CHAPTER 19.08-
DEFINITIONS, FOR CLARIFICATIONS, AND CONSISTENCY WITH
RECENTLY ADOPTED STATE BILLS
The Planning Commission recommends approval 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, CHAPTER
19.20-PERMITTED, CONDITIONAL AND EXCLUDED USES IN
AGRICULTURAL AND RESIDENTIAL ZONES AND CHAPTER 19.08-
DEFINITIONS
With the following amendments:
• Chapter 19.112,Accessory Dwelling Units,include language in Tables 19.112.030A,
19.112.030B, and 19.112.040 that eliminate the internal connections between the
Accessory Dwelling Unit and principal dwelling unit.
PASSED AND ADOPTED this 28th day of January 2020, 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 Moore, Vice Chair Wang, Fung, Saxena,
Takahashi
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
Benjamin Fu Kitty Moore
Director of Community Development Chair, Planning Commission
EXHIBIT "A"
Draft Ordinance No. 20-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 19.112, ACCESSORY DWELLING UNITS, CHAPTER
19.20—PERMITTED, CONDITIONAL AND EXCLUDED USES IN
AGRICULTURAL AND RESIDENTIAL ZONES AND CHAPTER 19.08
DEFINITIONS
WHEREAS, this Ordinance is determined to be exempt from environmental review
under the California Environmental 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 Chapters 19.08, 19.20 & 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 be consistent with recently passed State Assembly and
Senate Bills aimed at promoting the development of Accessory Dwelling Units to alleviate the
existing housing crisis in the State of California. Cities must comply with state law. By adopting
a local ordinance, the City is exercising the limited discretion allowed by state law for certain types
of Accessory Dwelling Units.
The proposed Ordinance amendments conform with the City's Housing Element's goal of
providing an adequate supply of residential units for all economic segments through its strategy
of continuing to implement the Accessory Dwelling Unit Ordinance and encouraging the
production of second units.
2. The proposed zoning is in compliance with the provisions of the California
Environmental Quality Act (CEQA).
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 is a citywide amendment to be in conformance with State standards to
encourage Accessory Dwelling Unit development. State law explicitly states that Accessory
Dwelling Units cannot be considered additional density. Therefore, the amendments do not impact
the residential density designations for sites within the City.Accessory Dwelling Units are limited
to single family, multifamily, and mixed-use residential zoning districts subject to their
conformance with standards outlined in Title 19.
4. The proposed zoning will promote orderly development of the City.
By updating the Accessory Dwelling Unit development standards, the Ordinance allows
for additional affordable housing development. The ordinance also prohibits the use of Accessory
Dwelling Units, which includes Junior Accessory Dwelling Units, as Short Term Rentals. This
would allow the City to grow its long-term housing stock. By adopting a local ordinance, the City
is exercising the limited discretion allowed by state law for certain types of Accessory Dwelling
Units.
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 is a citywide amendment to be in conformance with State standards to
encourage Accessory Unit Development. The Ordinance contains various developments standards
that require conformance with fire, life safety, and building codes to ensure that new development
is not detrimental to the health, safety, peace, morals and general welfare of the community.
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 THE OF CITY OF CUPERTINO DOES
ORDAIN AS FOLLOWS:
SECTION 1. Section 19.08.030(A) of Chapter 19.08 of Title 19 of the Cupertino
Municipal Code is hereby amended by editing the following definition:
"Accessory dwelling unit" means an attached or a detached residential dwelling unit
which provides complete independent living facilities for one or more persons. It shall
include permanent provisions for living, sleeping, eating, cooking and sanitation on the
same parcel as the primary dwelling unit is situated. An accessory dwelling unit also
includes the following:
1. An efficiency unit, as defined in Section 17958.1 of Health and Safety Code.
2. A manufactured home, as defined in Section 18007 of the Health and Safety Code.
3. "Junior accessory dwelling unit" means a unit that is no more than 500 square feet in
size and contained entirely within an existing single-family structure. Junior accessory
dwelling units must include an efficiency kitchen, which must include both a cooking
facility with appliances and a food preparation counter and storage cabinets that are of a
reasonable size in relation to the size of the unit. A junior accessory dwelling unit may
include separate sanitation facilities, or may share sanitation facilities with the existing
structure, as defined in California Government Code Section 65852.22.
SECTION 2: Section 19.08.030(S) of Chapter 19.08 of Title 19 of the Cupertino Municipal
Code is hereby amended by editing the following definition:
"Single family residence," for purposes of Chapter 19.112, shall mean one dwelling
unit located on a separately owned lot. Single family residence does not include
property with only air parcels or condominiums.
SECTION 3: Table 19.20.020 of Section 19.20.020 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 Al R1 RHS R1C R2 R3
NO CHANGE ROWS #1-#6b
7. An accessory dwelling
unit that conforms to the P P P P P P P
requirements of Chapter
19.112;
NO CHANGE ROWS #8 - #42
SECTION 4: Chapter 19.112 "Accessory Dwelling Units" of Title 19 of the Cupertino
Municipal Code is hereby amended to read as follows:
19.112.010 Purpose.
19.112.020 Accessory Dwelling Units Regulations.
19.112.030 Site development regulations for Streamlined Accessory Dwelling Units &
Junior Accessory Dwelling Units.
19.112.040 Site Development Regulations fo Non-Streamlined Accessory Dwelling
Units.
19.112.050 Review process.
19.112.010 Purpose.
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The purpose of this chapter is to promote the oal of affordable housing within the City
cn
through provision of additional housing in certain residential, agricultural, and mixed-
use zoning districts in a manner which minimizes adverse impacts of accessory dwelling
units on neighborhoods.
19.112.020 Accessory Dwelling Unit Regulations.
Notwithstanding any provision of this title to�the contrary:
1. Accessory dwelling units are permitted on lots within any residential or mixed-use '
residential zoning district. The lot must have an� existing single family dwelling unit or if
zoned multi-family or mixed use residential, Tat least one residential unit. If the lot is
vacant, an accessory dwelling unit may only be proposed in conjunction with the
development of at least one residential unit. Ntwithstanding the underlying zoning, an
accessory dwelling unit developed pursuant to��this chapter does not cause the lot upon
which it is located to exceed its maximum the a Towable density on the lot.
2. Accessory dwelling units must comply with the site development regulations and
guideline specified in those zoning districts for, dwelling units, including but not limited
to: lot coverage; floor area ratio;height; setback ;landscape; the regulations contained in
this chapter; Chapter 19.100, Accessory Structures/Buildings; and Chapter 19.124,
Parking; except as those standards are modified b,y this chapter.
3. No impact fees, as defined in Government!Code Section 65852.2(f), shall be imposed
on any accessory dwelling unit or junior accessory dwelling unit with a gross floor area
of less than 750 square feet. Impact fees for all other accessory dwelling units shall be
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charged proportionately in relation to the square footage of the primary dwelling unit.
4. Accessory dwelling units may be rented separately from the single-family dwelling
or multi-family dwelling structure but may not be sold or otherwise conveyed separately
from the other dwellings on the lot, except 1 Ipursuant to Government Code Section
65852.26. Any accessory dwelling unit, incliiii ing a Junior Accessory Dwelling Unit
(JADU), shall not be used as a short-term rentai.
5. For JADUs, either the single-family residence or JADU must be owner-occupied,
unless the owner is a governmental agency, land trust, or housing organization. Further,
the owner shall record a deed restriction,expressly enforceable against future purchasers,
containing the following: (a) a prohibition on the sale of the JADU separate from the
single-family residence, and (b) a restriction on the size and attributes of the JADU to
conform to this section.
19.112.030 Site Development Regulations for Streamlined Accessory Dwelling Units
&Junior Accessory Dwelling Units.
Pursuant to California Government Code Section 65852.2(e), the City shall approve the
following streamlined accessory dwelling units if the specified development standards
and use restrictions are met, as identified in:
A. Table 19.112.030A for single-family developments and
B. Table 19.112.030B for multi-family developments.
Table 19.112.030A: Site Development Regulations for Streamlined Accessory Dwelling Units
and Junior Accessory Dwelling Units Associated with Single-Family Developments
Conversion of space within
principal dwelling unit or New Construction Detached
Accessory Dwelling Unit<_800 s.f.
accessory structures
1. Size of living space, exclusive of decks
a. Minimum size 150 s.f.
No size limitation as long as the
unit:
i. Is wholly within the space of a
proposed or existing single-
family dwelling or the existing
space of an accessory structure,
and
b. Maximum size ii. Does not require either: 800 s.f.
• An addition of more than
150 square feet to an existing
accessory structure to
accommodate ingress and
egress only, or
• Any addition to an existing
single-family dwelling unit.
2. Number of Units Two accessory dwelling units are allowed only if one of the accessory
dwelling units is a detached unit built pursuant to this Table
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Table 19.112.030A: Site Development Regulations for Streamlined Accessory Dwelling Units
and Junior Accessory Dwelling Units Associated with Single-Family Developments
Conversion of space within
principal dwelling unit or New Construction Detached
Accessory Dwelling Unit 5800 s.f.
accessory structures
19.112.030A and the other is a junior accessory dwelling unit.
Otherwise, only one accessory dwelling unit is allowed per lot.
!!u
Per the underlying zoning district a. At least four feet from the rear
except that if the existing and side lot lines.
3. Setbacks structures do not meet these b. An applicant alternately may
standards, the side and rear elect to follow the setback and
setbacks shall be sufficient for fire height standards for accessory
safety and life safety. structures in Chapter 19.100.
a. 16 feet
4. Height The conversion shall not;change the
b. An applicant alternately may
height of the existing structure. elect to follow the setback and
height standards for accessory
structures in Chapter 19.100.
Second-story Allowed if the unit is a conversion
5. accessory dwelling of existing second story portions of Not Allowed
unit the principal dwelling unit
Parking for
6. accessory dwelling None .11 None
unit
Independent outdoor access must be provided without going through
7. Direct outside access
the principal dwelling unit:
Table 19.112.030B: Site Development Regulations for Streamlined Accessory Dwelling Units
Associated with Existing Multi-Family Developments
Conversions of interior space within
multifamily dwelling structures Detached, New Construction
Conversion of space within existing
dwelling structures that is not used as
livable space (e.g. existing units)
1. Location
including,but not limited to, storage Detached from the multi-family
rooms,boiler rooms, passageways, dwelling structure(s)
attics, basements, or garages, as long
as the unit meets building standards
for dwellings.
The greater of:
2 Number of • 25 percent of the existing number No more than two units
Units of primary dwelling units, or
■ One accessory dwelling unit.
3. Minimum Size 150 s.f.
4. Maximum Size No size limitation 1,200 s.f.
a. Located at least four feet from
the side and rear lot lines.
The accessory dwelling unit shall not
5. Setbacks increase the size of the existing b. An applicant alternately may
structure. elect to follow the setback and
height standards for accessory
structures in Chapter 19.100.
a. 16 feet
The accessory dwelling unit shall not b. An applicant alternately may
6. Height increase the size of the existing elect to follow the setback and
structure. height standards for accessory
structures in Chapter 19.100.
19.112.040 Site Development Regulations for Non-Streamlined Accessory Dwelling
Units.
Any accessory dwelling unit that does not meet the criteria of Section 19.112.030 shall
meet the following development standards and use restrictions as identified in Table
19.112.040.
!
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Table 19.112.040: Site Development Regulations fca.Non-Streamlined Accessory Dwelling
111
Units Created by New Construction and/or Additions to the Principal Dwelling Unit
Attached i Detached> 800 s.f.
Only one accessory dwelling unit pursuant to Table 19.112.040 is
A. Number of Unitspermitted and cannot bl"
combined with any accessory dwelling units
pursuant to Table 19.112.030A.
B. Size of living space, exclusive of decks 'If
1. Minimum size 150 s.f. '
a. Studios/one-bedroom unit—850 s.f.; two or more-bedroom unit—
1,000 s.f.; and
b. Attached accessory'dwelling units shall not exceed 50% of the
11 existing primary dwelling
c. Application of lot c v�erage, floor area, and open space standards:
i. Maximum size for;units<_800 s.f. shall not be limited by lot
coverage, floor area ratio, and open space requirements per
2. Maximum size the underlying zoning.
ii. Maximum size fori units>800 s.f. are limited by lot coverage,
floor area ratio,land open space requirements per the
underlying zon,In g. These standards shall apply to the gross
floor area of the'!u nit proposed. Notwithstanding application
of these standai4 si an 800 s.f. detached accessory dwelling
unit is permitted pursuant to Table 19.112.030A or an 800 s.f.
attached accessory; dwelling unit is permitted.
The proposed structure must
Per the underlying zoning
1 district, except the req;'!iced comply with the setback standards
C. Setbacks ,I 1 for accessory structures in Chapter
side and rear setbacks re 19.100, except the street side
modified to four feet. ;;'
setbacks are modified to four feet.
i
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I
1 No setback is required for an accessory dwelling unit located within existing living area or an existing
accessory structure,or an accessory dwelling unit that rplaces an existing structure and is located in the
same location and to the same dimensions as the structu' e being replaced.
1
1
1
1
Table 19.112.040: Site Development Regulations for Non-Streamlined Accessory Dwelling
Units Created by New Construction and/or Additions to the Principal Dwelling Unit
Attached Detached> 800 s.f.
The proposed structure must
comply with the height standards
for accessory structures in Chapter
D. Height
Per the underlying zoning 19.100, except that a maximum
district height of 16 feet is allowed at the
farthest point of the proposed
structure from the rear and side
property lines.
E. Second-story accessory Not allowed Not allowed
dwelling units
F. 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 accessory dwelling
unit meets one of the following requirements:
a. Located within one-half (1/2) mile of a public transit stop; or
1. Parking for b. Located in an architecturally and historically significant historic
accessory dwelling district; or
unit
c. The occupant of the unit is not allowed/offered a required on-
street parking permit; or
d. Located within one block of a car share vehicle pick-up location;
or
e. Is part of the proposed or existing primary residence or an
accessory structure.
2. Replacement
parking spaces for
existing covered,
uncovered or
No replacement parking spaces are required.
enclosed parking
spaces converted to
an accessory
dwelling unit
Table 19.112.040: Site Development Regulations follr Non-Streamlined Accessory Dwelling
Units Created by New Construction and/or Additions to the Principal Dwelling Unit
Attached Detached> 800 s.f.
Independent outdoor aiccess must be provided without going
G. Direct outside access
through the principal dwelling unit.
H Screening from public All access to accessory ldwelling units shall be on a different wall
street plane than the access to the principal dwelling unit.
I. Structure Design
Should be compatible ;with the architectural style and materials of
the principal structure.
19.112.050 Review Process.
Applications for accessory dwelling units conforming to the requirements of this
chapter shall be reviewed ministerially withi u t discretionary review and must be
approved or denied within the time frame specified in Government Code Section 65852.2.
SECTION 5: 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'lof this Ordinance to any other person or
circumstance and, to that end, the provisions hereof are severable.
SECTION 6: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by
Government Code Section 36937.
SECTION 7: 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 8: Continuity.
To the extent the provisions of this rdinance 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 2020 and ENACTED at a regular meeting of the Cupertino City Council
on this of 2020 by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
Steven Scharf, Mayor Date
City of Cupertino
ATTEST:
Kirsten Squarcia, City Clerk Date
APPROVED AS TO FORM:
Heather Minner, City Attorney Date