CC 07-16-2024 Item No. 7. Municipal Code and Zoning Amendments_Supplemental Report1
CITY COUNCIL STAFF REPORT
SUPPLEMENTAL 1
Meeting: July 16, 2024
Agenda Item #7
Subject
Second reading of Municipal Code Amendments and Zoning Map Amendments to ensure
conformance with the Housing Element and related CEQA exemption. (Application No.:
MCA-2023-001, Z-2024-001; Applicant: City of Cupertino; Location: Citywide)
Recommended Action
1. Conduct the second reading and enact Ordinance No. 24-2261 “An Ordinance of the
City Council of the City of Cupertino Amending Various Chapters in Title 14, Title 17
And Title 19, Including but Not limited to the Addition of Three New Chapters in
Title 19, to Implement Policies in the General Plan and for Clarity” (Attachment A);
and
2. Conduct the second reading and enact Ordinance No. 24-2262 “An Ordinance of the
City Council of the City of Cupertino Rezoning Certain Sites in the City for
Conformance with General Plan and Housing Element” (Attachment B) to reflect
changes to Priority Housing Sites and other minor changes for internal consistency.
Background:
Staff received the following questions regarding Item #7 via email on July 15. Staff’s
responses to questions received from Councilmembers are shown in italics.
Q1: Councilmember request (Councilmember Moore): After the close of public comments
for the hearing on the Zoning Ordinance there was an email with proposed changes to the
ordinance sent to the City Clerk by VM Fruen to be added to and included in the ordinance.
The public was not allowed to have a discussion on what these extensive changes mean
and the changes were not explained clearly to the Council. The VM Fruen changes also had
future actions to be added to the Objective Standards. Please provide that email from VM
Fruen to the City Clerk for the public records for this agenda item and as a response to
these questions.
Staff Response: This statement is false and is not a question. The cited information was discussed
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extensively prior to introduction of the ordinance.
Q2: Councilmember question (Councilmember Moore)
Please provide a detailed description with a diagram where appropriate, of what each
of the following new zoning changes, added after public comment closed, means:
1. Removing the five-story limit in the R-4 zoning district;
2. Eliminating the proposed objective standard for comparable size in the definition
of duplex;
3. Amending development standards related to duplexes in the R-1 zoning district
proposed under Housing Element Policy HE-1.3.6 as follows:
a. Amend allowable Floor Area Ratio to 65%;
b. Adopt a lot coverage of 50%;
c. Conform parking standards to R-1 zone standards (4 total – 2 open/2 enclosed);
and
d. Allow interior side yard setbacks to align with minimum R-1 standards; and
4. Amending the lot coverage to 50% in the R-3 zoning district for developments
with up to 4 units.
Staff response:
Removing the five-story limit in the R-4 zoning district:
The five-story limit in the R-4 zoning district regulations has been eliminated in the new
Chapter in the Municipal Code (Chapter 19.38), as indicated in the following excerpt:
This would result in new structures being limited to a 70-foot height restriction without
limitation on the number of stories that could be constructed. For instance, if a six-story building
were designed to fit within the 70-foot height limit, that would be allowable.
Eliminating the proposed objective standard for comparable size in the definition of
duplex:
Staff Response: The definition of duplex in subsection 19.08.030 of the Municipal Code has been
amended from the staff’s recommendation as follows:
This change does not quantify any required difference in size between the two units in a proposed
duplex.
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Amending development standards related to duplexes in the R-1 zoning district
proposed under Housing Element Policy HE-1.3.6 as follows:
o Amend allowable Floor Area Ratio to 65%;
o Adopt a lot coverage of 50%;
o Conform parking standards to R-1 zone standards (4 total – 2 open/2 enclosed);
and
o Allow interior side yard setbacks to align with minimum R-1 standards.
o Amending the lot coverage to 50% in the R-3 zoning district for developments with
up to 4 units.
Stafff response: The definition of duplex has been amended from the staff’s recommendation as
follows:
Eligible R-1 zoned lots developing a duplex under Policy (Strategy) HE-1.3.6 would be allowed
through the amendment to have a 65% FAR. Currently, the R-2 zoning district, which is
characterized by duplex development, does not have an FAR limitation. The R-1 zoning district,
characterized by single-family detached residences, has an FAR limit of 45%.
Maximum lot coverage in the R-1 zoning districts is 45%. Therefore, the 50% lot coverage
proposed through the amendment would allow R-1 zoned lots eligible to develop duplexes under
Strategy HE-1.3.6 to exceed the R-1 coverage standard by five percent.
The current parking standard for duplexes in the R-2 zoning district is 1.5 enclosed and 1.5
open spaces per dwelling unit, for a total of six parking spaces per duplex. The current parking
standard for single-family residences in the R-1 zoning district is 2 enclosed and 2 open spaces,
for a total of four parking spaces per home. Through the amendment, R-1 lots eligible to develop
duplexes under Strategy HE-1.3.6 would need to provide 2 enclosed and 2 open parking spaces
for the duplex, for a total of four parking spaces. In other words, duplexes in R-1 zones
constructed per Strategy HE-1.3.6 would have the same parking requirements as a single-family
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detached residence.
The interior side yard setback in the R1-5 zoning district (this district typically includes the
City’s smallest single-family lots) is five feet for both sides, for a total of 10 feet on the first floor
and a total of 25 feet (no side setback less than 10 feet) on the second floor. R-1 zoned lots eligible
to develop duplexes under Strategy HE-1.3.6 would follow these side yard setback requirements.
Under the amendment, lot coverage for projects up to four units in the R-3 zoning district would
have a maximum lot coverage of 50%. For projects that are five units or more the maximum
coverage would be 55%. Currently, the R-3 zoning district has a maximum coverage of 40%,
regardless of the number of units.
.
Attachments Provided with Original Staff Report:
A. Ordinance No. 24-2261
B. Ordinance No. 24-2262