CC 10-21-2025 Item No. 9 Planning Commission Resolution_Written CommunicationsCC 10-21-2025
Item #9
Planning Commission
Resolution
Recommendation to City
Council
Written Communications
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EXHIBIT A
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO TO
AMEND MULTIPLE CHAPTERS OF THE MUNICIPAL CODE TO MAKE MINOR
TEXT EDITS FOR IMPROVED CLARITY AND CONSISTENCY
The sections of the Cupertino Municipal Code set forth below are amended or adopted as
follows:
Text added to existing provisions is shown in bold double-underlined text (example) and text to
be deleted is shown in strikethrough (example). Text in existing provisions is not amended or
readopted by this Ordinance. Text in italics is explanatory and is not an amendment to the Code.
Chapter 14.15
1. Update to Section 14.15.020 (A) (1) – Table 14.15.020 to reflect that a Landscape
Documentation Package is required for projects with a landscape area of equal to or
greater than 2,500 square feet, consistent with CCR Title 23, § 490.1:
Type of Permit Total
Landscape
Building Permits
New home in R1, RHS, A1 or R2
Zones
< 500 s.f.
Prescriptive Compliance Application
(Appendix A) - Informational only
500 s.f. -
2,500 499 s.f.
Prescriptive Compliance Application
(Appendix A) or Landscape
> ≥ 2,500 s.f. Landscape Documentation Package (Sec.
14.15.050)
New home in R1, RHS, A1 or R2
Zones
<500 s.f. Prescriptive Compliance Application
(Appendix A) - Informational only
500 s.f. -
2,500 499 s.f.
Prescriptive Compliance Application
(Appendix A) or Landscape
> ≥ 2,500 s.f. Landscape Documentation Package (Sec.
14.15.050)
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Commercial, industrial, office,
multiple-family residential,
townhome, public and
institutional projects
≤ < 2,500 s.f. (Appendix A) or Landscape
> ≥ 2,500 s.f.
rehabilitation project
<
> ≥
New and rehabilitated cemeteries >0 s.f.
Landscape and Irrigation Maintenance
Schedule (Sec. 14.15.120)
Landscape Installation Report (Sec.
Existing and established
landscapes, including cemeteries >1 acre Audit of Established Landscapes (Sec.
Chapter 14.18
2. Reorder Chapter 14.18 to improve readability:
14.18.020 Definitions.
14.18.0340 Actions Prohibited.
14.18.04180 Retention Promoted.
14.18.0530 Protected Trees.
14.18.2060 Plan of Protection.
14.18.07150 Heritage Tree Designation.
14.18.08160 Heritage Tree List.
14.18.09170 Heritage Tree Identification
Tag.
14.18.1090 Recordation.
14.18.11070 Application and Approval
Authority for Tree Removal Permit.
14.18.12080 Action by Director.
14.18.13090 Notice and Posting.
14.18.140 Tree Management Plan.
14.18.15060 Exemptions.
14.18.1600 Tree Replacement.
14.18.1730 Retroactive Tree Removal
Permit.
14.18.020 Definitions.
14.18.030 Protected Trees.
14.18.040 Actions Prohibited.
14.18.050 Penalty.
14.18.060 Exemptions.
14.18.070 Application and Approval
Authority for Tree Removal Permit.
14.18.080 Action by Director.
14.18.090 Notice and Posting.
14.18.100 Tree Replacement.
14.18.110 Review, Determination and
Findings.
14.18.120 Notice of Action on Permit -
Appeal.
14.18.130 Retroactive Tree Removal Permit.
14.18.140 Tree Management Plan.
14.18.150 Heritage Tree Designation.
14.18.160 Heritage Tree List.
14.18.170 Heritage Tree Identification Tag.
Page 9 of 61
81
Findings.
14.18.1920 Notice of Action on Permit -
Appeal.
14.18.2010 Protection During Construction.
14.18.2120 Protection Plan Before
Demolition, Grading or Building Permit
Granted.
2205
14.18.200 Plan of Protection.
14.18.210 Protection During Construction.
14.18.220 Protection Plan Before
Demolition, Grading or Building Permit
Granted.
3. Update Section 14.18.100 (previously Section 14.18.160) - Replacement Tree Guidelines for
consistency with Section 14.18.030.
Diameter of Trunk Size of Removed Tree (Measured 4½
feet above grade)Replacement Trees
36 18 Two 24" box trees or One 36" box
tree Over 18 inches and up to 36 inches
to approved development trees(s),
and approved required protection trees in R-1 zones.
4. Modify Section 14.18.200 (B) (previously Section 14.18.060 (B)) to clarify standards and ensure
consistency with Zoning Ordinance:
B. Privacy planting in R-1 zoning districts shall be maintained by the property owner of the
lot on which the privacy planting specimens are located. Landscape planting maintenance
includes irrigation, fertilization, and pruning, as necessary, to yield a growth rate expected
for a particular species. Where existing privacy plantings are approved for removal or dies,
replacement privacy trees must be planted it must be replaced within thirty days with in
the same location, size and with the same species, and of the same size as the tree(s) being
replaced, unless the location, species, or size is determined to be infeasible by the
Director of Community Development. If an alternative location is proposed due to
infeasibility of replanting in the same location, as determined by the Director, the
alternative location must continue to provide screening of the privacy viewshed, as
defined in Section 19.28.120 (C) (2) (a).described in Ordinance No. 1799 (privacy
protection) and its appendix. The affected property owner, with privacy protection
planting on his or her lot, is required to maintain the required planting and shall be
required to comply with Section 14.18.100.
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5. Update references in Section 14.18.020 to reflect re-ordered sections:
N. “Protected tree” means any class of tree specified in Section 14.18.0530.
P. “Specimen tree” means any class of tree specified in Section 14.18.0530 (B).
T. “Tree removal permit” means a permit for tree removal of any protected trees pursuant to
Section 14.18.0530.
6. Update references in Section 14.18.040 (B) (previously Section 14.18.030 (B)) to reflect re-
ordered sections:
B. It is unlawful to remove any protected tree in any zoning district without first obtaining a
tree removal permit as required by Section 14.18.11070, unless a permit is not required per
Section 14.18.15060.
7. Update references in Section 14.18.030 (previously Section 14.18.050) to reflect re-ordered
sections:
Except as otherwise provided in Section 14.18.1730, the following trees shall not be removed
without first obtaining a tree removal permit:
8. Update references in Section 14.18.150 (B) (previously Section 14.18.070 (B)) to reflect re-
ordered sections:
B Application. In addition to requirements of Section 14.18.11070, an application for a
heritage tree designation shall include:
9. Update references in Section 14.18.190 (previously Section 14.18.100) to reflect re-ordered
sections and to make timelines consistent with current processes:
Heritage trees, privacy plantings, and approved development trees are required to be
retained as part of an application under Section 14.18.0530C. and Section 14.18.0530D. and
shall have retention information placed on the property deed via a conservation easement in
favor of the City, private covenant, or other method as deemed appropriate by the Director.
The recordation shall be completed by the property owner prior to final map or final
building permit inspectionissuance, or at a time as designated by the Director of
Community Development when not associated with a final map or final building permit
inspectionissuance.
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10. Update references in Section 14.18.070 (previously Section 14.18.110) to reflect re-ordered
sections:
No person shall directly or indirectly remove or cause to be removed any protected tree
without first obtaining a tree removal permit, unless such tree removal is exempt per Section
14.18.15060. An application for a tree removal permit shall be filed with the Department of
Community Development and shall contain the following information based on the size and
type of the protected tree:
…
c. Notice and posting per Section 14.18.13090.
…
B. Maximum tree removal cap. In the R1, A1, A, RHS, and R2 zones, an applicant may
remove up to six mature specimen trees or five percent of mature specimen trees on the
property (whichever is greater) with a single-trunk between twelve and twenty-four inches
(multi-trunk between twenty-four and forty-eight inches) within a thirty-six month period.
The thirty-six month period will start from the date of the approved tree removal permit.
Applications requesting to remove additional trees within a thirty-six month period will
require an arborist report and notification per Section 14.18.13090.
…
1. The Director of Community Development shall have the final review and determination
on applications for protected tree removals in accordance with Section 14.18.12080; except
for heritage tree removals and tree removals in conjunction with development applications.
The Director of Community Development may refer the application to the Planning
Commission another approval authority for a report and recommendation.
11. Update references in Section 14.18.080 (previously Section 14.18.120) to reflect re-ordered
sections:
Upon receipt of a complete tree removal permit application, the Director of Community
Development or his or her authorized representative will:
A. Review the application pursuant to Section 14.18.1810;
B. At the Director’s discretion, conduct a site visit, within fourteen days, to inspect the
tree(s) for which removal is requested. Priority of inspection shall be given to those
requests based on hazard or disease; and
C. Send notices or schedule a hearing in accordance with requirements in Section
14.18.13090 and Chapter 19.12.
12. Update references in Section 14.18.090 (previously Section 14.18.130) to reflect re-ordered
sections:
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A. Notice and posting shall be provided as indicated in Sections 19.12.030 and 19.12.110F
for the following tree removal permits:
1. Mature specimen trees with single trunk over twenty-four inches DBH or for multi-
trunk over forty-eight inches DBH;
2. Heritage trees;
3. Privacy planting trees;
4. Approved development trees; and
5. Mature specimen trees exceeding the maximum tree removal cap (Section
14.18.11070B).
B. Where approval of a tree removal permit that is subject to the notice and posting
requirements of this section is granted by the City, the property owner shall retain the
posted notice on site until the tree is removed.
C. Specimen trees with single trunk under twenty-four inches DBH or multi-trunk under
forty-eight inches DBH, and trees listed under exemptions in Section 14.18.15060 do not
require notice or posting.
13. Update references in Section 14.18.140 to reflect re-ordered sections:
7. Notice and posting to residence, Section 14.18.13090.
…
C. Recordation. The property owner shall have retention information placed on the property
in accordance with Section 14.18.1090, referring to the approved tree management plan,
upon approval.
14. Update references in Section 14.18.060 (B) (previously Section 14.18.150 (B)) to reflect re-
ordered sections:
B. The following circumstances warrant the removal of trees prior to securing a permit from
the City; however, a tree removal permit application, with no application fees or noticing
required, must be filed within five working days as described in Sections 14.18.1730. Tree
replacements may be required in conjunction with approval of this tree removal permit
(Section 14.18.1600):
1. Removal of a protected tree in case of emergency caused by the hazardous or dangerous
condition of a tree, requiring immediate action for the safety of life or property,
including but not limited to, (e.g., a tree about to fall onto a principle dwelling due to
heavy wind velocities, a tree deemed unsafe, or a tree having the potential to
immediately damage existing or proposed essential structures), but only upon order of
the Director of Community Development, or any member of the sheriff or fire
department. However, a subsequent application for tree removal must be filed within
five working days as described in Sections 14.18.11070 through 14.18.12080. The Director
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of Community Development will approve the retroactive tree removal permit
application and may require tree replacements in conjunction with the approval. No
application fee or other approval process shall be required in this situation.
2. Dead trees, as determined by the Director of Community Development prior to removal.
However, a subsequent application for a tree removal must be filed within five working
days as described in Section 14.18.11070 through 14.18.12080. The Director of
Community Development will approve the retroactive tree removal permit application
and may require tree replacements in conjunction with the approval. No application fee
or other approval process shall be required in this situation.
15. Update references in Section 14.18.100 (previously Section 14.18.160) to reflect re-ordered
sections:
1. The approval authority may impose the following replacement standards for approval of
each tree to be removed in conjunction with an approved tree removal permit, unless
deemed otherwise by the approval authority. Table 14.18.1600A may be used as a basis for
this requirement.
Table 14.18.1600A - Replacement Tree Guidelines
16. Update references in Section 14.18.110 (D) (previously Section 14.18.180 (D)) to reflect re-
ordered sections:
D. The approval authority may require tree replacement(s) or accept a tree replacement in-
lieu fee per Section 14.18.1600 in conjunction with a tree removal permit.
17. Update references in Section 14.18.220 (previously Section 14.18.210) to reflect re-ordered
sections:
A. A plan to protect trees described in Section 14.18.2010 shall be submitted to the Director
of Public Works and to the Director of Community Development prior to issuance of a
demolition, grading or building permit. The plan shall be prepared and signed by a licensed
landscape architect or arborist certified by the International Society of Arboriculture and
shall be approved by the Director of Community Development. The Director of Community
Development shall evaluate the tree protection plan based upon the tree protection
standards contained in Appendix A at the end of this chapter.
18. Update references in Section 14.18.050 (previously Section 14.18.220) to reflect re-ordered
sections:
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Violation of this chapter is deemed an infraction unless otherwise specified. Any person or
property owners, or his or her agent or representative who engages in tree cutting or
removal without a valid tree removal permit is guilty of an infraction as outlined in Chapter
1.12 of this code and/or may be required to comply with Sections 14.18.1600 and 14.18.1730.
19. Update references in Chapter 14.18 Appendix A to reflect re-ordered sections:
The purpose of this appendix is to outline standards pertaining to the protection of trees
described in Section 14.18.2010 and Section 14.18.2120 of Chapter 14.18. The standards are
broad. A licensed landscape architect or International Society of Arboriculture certified
arborist shall be retained to certify the applicability of the standards and develop additional
standards as necessary to ensure the property care, maintenance, and survival of trees
designated for protection.
20. Update references in Chapter 14.18 Appendix B to reflect re-ordered sections:
REFERENCE PHOTOS OF SPECIMEN TREES PROTECTED IN ACCORDANCE WITH
SECTION 14.18.0530B
21. Update Section 14.18.030 (C) (previously Section 14.18.050 (C)) for clarification of
applicability:
C. Approved development trees(s), including trees on properties in a Planned zoning
designation.
22. Update references in Section 14.18.070 (A) (2) (b) (previously Section 14.18.110) to clarify
review requirements:
b. An arborist report from an arborist certified by the International Society of Arboriculture,
subject to third-party peer review under the direction of the City at the applicant’s cost, or
a deposit for preparation of an arborist report by a City contracted arborist.
Chapter 18.20
23. Add Section 18.20.180 to incorporate relocated standards for Ministerial Approval of Urban
Lot Splits from the Zoning Ordinance:
18.20.180 Subdivision Standards for Two-Lot Subdivisions in Single-Family Residential
Zones.
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A. Lot Configuration
1. Single-
Family
Residential
Zones (R1)
added to create a new lot.
b. Existing interior lots or pie shaped lots with either (i) 60 feet
or more street frontage, or (ii) more than 75 feet of street
frontage and a lot depth of up to 145 feet, shall result in a
street frontage that is between 40-60% of the existing street
frontage of the lot being subdivided. Resulting lots shall have
a side-by-side orientation and shall not create a landlocked
parcel.
c. Existing interior lots or pie shaped lots with more than 75 feet
of street frontage and a lot depth of more than 145 feet, may
be subdivided in one of the following ways:
i. Resulting lots shall have a street frontage that is at least
40% of the existing street frontage of the lot being
subdivided. Lots shall have a side-by-side orientation and
shall not create a landlocked parcel; or
ii. One of the resulting lots shall be a flag lot with access to
the street. The buildable area of the flag lot shall span the
entire distance between the two side property lines that
intersect with the front property line of the lot being
subdivided.
d. Existing interior lots or pie shaped lots with less than 60 feet
of street frontage shall result in one flag lot with access to the
street. The buildable area of the flag lot shall span the entire
distance between the two side property lines that intersect
with the front property line of the lot being subdivided.
e. Existing flag lot subdivision shall result in lots in the same
orientation as the existing lot (i.e., the existing front lot line
must be the front lot line of the future lots and the existing
rear lot line shall be the rear lot line of the future lots) and
that are between 40-60% of the lot width of the lot being
subdivided.
f. Corner lots shall be subdivided in a manner that splits the
existing street side property line to create at least one front lot
Hillside Zones
(RHS)
and shall follow the contours of the property.
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b. Each resulting lot shall share one common driveway. If an
existing driveway or curb cut exists, a new driveway or curb
cut location shall not be approved.
c. If in an area where direct sanitary sewer connection is
unavailable, a percolation test completed within the last five
years, or if the percolation test has been recertified, within the
last 10 years, must be provided.
d. Building pads shall be identified on the flattest portion of a lot,
closest to an existing driveway. Where no driveway exists,
building pads shall be identified on the flattest portion of the
lot, closest to the access road unless doing so would result in a
combined grading total greater than that required for siting
elsewhere on the lot.
e. No new or expanded structures shall encroach upon any
existing public or private utility easements.
f. A cumulative total of 1,250 cubic yards, cut plus fill (including
grading for building pad, yard areas, driveway, all other areas
requiring grading, and basements), except if the original lot
that was subdivided has already performed prior grading, then
the amount of grading that has previously occurred shall be
reduced from the maximum grading quantity allowed
cumulatively on the two resulting lots.
24. Modify Section 18.20.170 (H) to reference proposed Section 18.20.180:
H. Objective Subdivision Standards for Ministerially Approved Lot Splits. In addition to
any applicable objective subdivision standards in this Title or the Subdivision Map Act
and the requirements of Government Code Section 66411.7, a lot split approved
pursuant to this Section must, to the maximum extent permissible under Government
Code Section 66411.7, comply with the objective standards including but not limited to
objective standards for urban lot splits set forth in Sections 18.20.180, 19.28.060, and
19.40.050.
Chapter 18.52
1. Add Section 18.52.030 (B) (4) to reference proposed Section 18.20.180
B. Lot Configuration.
4. In addition to the requirements of this Chapter, Hillside Subdivisions for two-lot
subdivisions shall also apply the standards of Section 18.20.180.
Page 17 of 61
Chapter 19.08
25. Update Section 19.08.030, to add “Balcony” definition:
"Balcony" means a horizontal platform that is:
1. Either recessed or projected out from the walls of a building; and
2. Above the first floor; and
3. Without support from the ground or floors directly below; and
4. Surrounded by a rail, balustrade, or parapet on at least one side; and
5. Accessible from the building’s interior; and
6. Not directly accessible from the ground.
In the event of a conflict between this definition and the requirements of State law (e.g.
California Building Code), the requirements of State law shall prevail. The definition of
balcony does not include decks or exterior corridors.
26. Update Section 19.08.030, “Bay Window” definition:
"Bay window" means a projecting window element that is not an extension of the floor area
and does not incorporate any useable space for seating or other purposes.
Additionally, a bay or projecting window shall:
Be a projection of windows, not walls;
Be cantilevered no more than twenty-four inches, horizontally, from an exterior wall;
Be a minimum of twenty-four inches from the finished floor;
Not create a projection of the floor;
Not occupy more than 50% of an interior exterior wall face.
These limitations do not apply to bay windows which have been counted towards floor area
and meet required setbacks.
27. Update Section 19.08.030, to add “Deck” definition:
"Deck" means a platform other than a balcony that is:
1. Either freestanding or attached to a building, and
2. Supported by the ground, pillars, posts, walls, or floors below, and
3. Accessible from interior building space.
A deck may be located at ground level or on higher floors, and may be surrounded by
railings, balustrades or similar structures for safety purposes.
28. Update Section 19.08.030, “Floor Area” definition:
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"Floor area" means the total area of all floors of a building measured to the outside surfaces
of exterior walls, and including the following:
1. Halls;
2. Base of sStairwells at each floor;
3. Base of eElevator shafts at each floor;
4. Services and mechanical equipment rooms;
5. Interior building area above fifteen feet in height between any floor level and the ceiling
above;
6. Residential basements in the A, A1, R1 and RHS zoning districts with lightwells that do
not conform to Section 19.28.070(I);
7. Residential basements in the R1 and RHS zoning districts on projects pursuant to
Government Code section 65852.21
8. Residential garages;
9. Substantially enclosed Rroofed arcades, plazas, walkways, porches, breezeways,
porticos, courts, and similar features substantially enclosed by exterior walls;
10. Substantially enclosed balconies and decks above the first floor;
11. Sheds and accessory structures.
“Floor area” shall not include the following:
1. Residential basements in the R1 and RHS zoning districts with lightwells that conform
to Section 19.28.070(I);
2. Required lightwells;
3. Attic areas;
4. Parking facilities, other than residential garages, accessory to a permitted conditional use
and located on the same site;
5. Roofed arcades, plazas, walkways, porches, breezeways, porticos, courts and similar
features not substantially enclosed by exterior walls.
29. Update Section 19.08.030, to add “Front Entry Porch” definition:
“Front Entry Porch” means outdoor steps, stairs, and/or a raised platform less than 50
square feet in area, located immediately adjacent to the primary entry of a building for
the purpose of providing pedestrian access from the outdoor ground elevation to a
building interior. If the platform portion of a front entry porch (not including steps) is
more than 50 square feet or has a proportionately greater width than its height, the
structure is considered a porch.
30. Update Section 19.08.030, to clarify the definition of “Height, Entry Feature”:
Page 19 of 61
“Height, Entry Feature" means a vertical distance measured parallel to the natural grade
to the top of the wall plate. Entry features shall be limited to a maximum height of
fourteen feet.
31. Update Section 19.08.030, “Lot” definition:
"Lot" means a parcel or portion of land separated from other parcels or portions by
description, as on a subdivision or record of survey map, or by metes and bounds, for purpose
of sale, lease or separate use.
1. "Corner lot" means a lot situated at the intersection of two or more streets, or bounded on
two or more adjacent sides by street lines.
2. “Flag lot” means an interior lot with a long, narrow portion of the lot, or parcel of land
not otherwise meeting the requirement of this title for lot width that consists entirely of
and provides the sole means of vehicular connection between the buildable area of the lot
and an abutting street.
3. “Interior lot” means a lot other than a corner lot or a flag lot.
4. “Key lot” means the first lot to the rear of a corner lot, the front line of which is a
continuation of the side lot line of the corner lot, and fronting on the street which intersects
or intercepts the street on which the corner lot fronts.
5. "Pie-shaped lot" means an interior lot, that is not a flag lot, where the front lot line abuts a
cul-de-sac, and a) is at least 20% shorter than the rear lot line or b) has five or more lot
lines.
32. Update Section 19.08.030, “Lot area” definition:
“Lot Area” means:
1. "Gross lot area" means the area of a lot measured horizontally between boundary
lot lines.
2. "Net Llot area" means the area of a lot measured horizontally between boundary lot
lines, but excluding a portion of a flag lot providing access to a street and lying
between a front lot line and the street, and excluding any portion of a lot within the
lines of any natural watercourse, river, stream, creek, waterway, channel or flood
control or drainage easement and excluding any portion of a lot acquired, for access
and street right-of-way purposes, in fee, easement or otherwise.
33. Update Section 19.08.030 to add “Porch” definition:
“Porch” means outdoor steps, stairs, and/or a raised platform, located immediately adjacent
to an entrance to a residential structure for the purposes of providing pedestrian access
from the outdoor ground elevation to a building interior and/or private, recreational open
space. A porch differs from a front entry porch or a front entry feature, which has a
proportionately greater height than its width and is less than 50 square feet in area.
Page 20 of 61
34. Update Section 19.08.030, “Setback Line” definition:
"Setback line" means a line within a lot parallel to a corresponding lot line, which is the
boundary of any specified front, side, or rear yard, or the boundary of any public right-of-
way or private roadstreet, whether acquired in fee, easement, or otherwise, or a line otherwise
established to govern the location of buildings, structures or uses. Where no minimum front,
side, or rear yards are specified, the setback line shall be coterminous with the corresponding
lot line, or the boundary of any public right-of-way or private road, whether acquired in
fee, easement, or otherwise, or a line otherwise established to govern the location of
buildings, structures or uses.
35. Update Section 19.08.030, “Useable Rear Yard” definition to make spelling of usable
consistent:
"Useable rear yard" means that area bounded by the rear lot line(s) and the rear building
line extended to the side lot lines. The side yard adjacent to a proposed minor addition (e.g.,
addition equaling ten percent or less of the principal structure) may be included in
calculation of usable rear yard area.
36. Revise Appendix C of Chapter 19.08 to correct spelling of sight:
Appendix C: Cupertino Standard Detail 7-6 Sidewalk Sighte Triangle (Sidewalk Clearance
at Driveways).
Chapter 19.12
37. Update Section 19.12.020 (A) to reference correct sections:
A. In the A, A1, R-1 and RHS Zones, the following activities:
1. Conditional uses in accord with Chapter 19.20, Chapter 19.24, Chapter 19.28, and
Chapter 19.40;
2. Removal of protected trees identified in Chapter 14.18;
3. Projects in R-1 zones identified in Section 19.28.040;
4. Height Exceptions identified in Section 19.24.0750(B)(3);
5. Hillside Exceptions identified in Section 19.440.070, Section 19.40.050, and Chapter
19.48;
6. Parking Exceptions identified in Chapter 19.124;
7. Fence Exceptions identified in Chapter 19.48;
8. Variance to all other zoning regulations.
Page 21 of 61
38. Update portions of Table 19.12.030 to reference correct sections:
Type of Permit or
DecisionA, B
Administrative
ReviewA,B
Arts and
Culture
Commission
Planning
Commission
City
Council
Hearing/
Public
Meeting/
Comment
PeriodC
Noticing
RadiusD
Posted Site
Notice
Expiratio
n DateE
Chapter/
Findings
Agreements - - R F PH Code 65867 Yes - 19.144.1210
F, H - - F/R A1 19.12.110/
300’ 19.156.0540 G F - A1 2
MajorF, H, I F - A1/F/R A1/ A2/F PH Code 65905 Yes 2 years 19.156.0540
Height Exception/
Heart of the City
Exception I
- - F A1 PH 19.12.110/300' Yes 2 years
19.40.080,
19.24.0750,
19.136.090
Variance F - A1 A2 PH Code 65905 Yes 2 years 19.156.0650
Parking Exceptions I F - FA1 A1/A2 Varies M Adjacent/
300' N
Yes 1 year 19.124.0560
Tree Removal F - A1 A2 CP ,
unless exempt
, unless
exempt 1 year 14.18.1810
Page 22 of 61
39. Clarify language of footnote K of Table 19.12.030:
Minor Architectural and Site Approval application - single family home in a planned
development zoning district, ; minor building architectural modifications, ; landscaping,
signs and or lighting for new development, ; permanent supportive housing with up to 6
units subject to by-right processing as required by Government Code Section 65650 et seq., ;
redevelopment or modification in such zones where review is required, ; and minor
modifications of duplex and multi-family buildings.
40. Add Section 19.12.080 (D) and (E) to clarify the City’s policy for inactive permits and
demolition of residential units:
D. Expiration of Application. If an applicant does not provide the information and
materials necessary for a pending application to be deemed complete and/or consistent,
pursuant to state law, within 180 calendar days after notification of incompleteness or
inconsistency the application shall be deemed withdrawn. The Director may grant one
180 calendar day extension upon written request by the applicant, submitted prior to
the expiration of the first 180-day period. After expiration of the application and
extension, if granted, a new application, including fees, plans, exhibits, and other
materials will be required to commence processing of any project on the same property.
E. Demolition of Residential Units.
a. No permit shall be issued for the demolition of a residential unit, unless building
permit plans for a replacement project have been approved and issued; or
b. Where demolition of a residential unit is required to allow for the recordation of an
approved tentative map, no permit shall be issued for the demolition of a
residential unit, unless building permit plans for a replacement project are ready
for issuance following recordation of the associated map. Demolition of a
residential unit to comply with Code Enforcement action may be permitted.
41. Update Section 19.12.110 (D) (1) in accordance with SB1214 (CCG Section 65103.5):
D. Notice of Comment Period: For projects requiring notice of a comment period, notice
shall be mailed in accordance with 19.12.110A(2) and A(53), 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, unless plans contain protected information, as defined by
California Government Code Section 65103.5.
Page 23 of 61
Chapter 19.16
42. Update Section 19.16.060 to remove reference to the incorrect section:
Whenever it is found, pursuant to Section 19.28.050, that a lot or site is divided by a
boundary between districts, the provisions of the zoning regulations applicable within each
district shall apply only to the portion of this site situated in each separate district.
Chapter 19.28
43. Update Section 19.28.060 to clarify objective language and update standards for single-
family residential design to reflect changes to State law made through SB450:
Page 24 of 61
R1-5 R1-6, 7.5, 8, 10, 20, etc., and R1-6e R1-a
A. Minimum net lot area1
i. 5,000 square feet square feet iii.10,000 square feet
have a lot area of at least 40% of the original lot being subdivided, with no lots less than 1,200 square feet.
B. Minimum lot width (at the
front setback line)
i. 50 feet ii. 60 feet iii. 75 feet
a. No more than two new, non-curved property lines may be added to create a new lot.
b. Existing interior lots or pie shaped lots with either (i) 60 feet to 75 feet of or more street frontage, or (ii)
more than 75 feet of street frontage a lot depth of up to 145 feet shall result in lots width. Resulting lots
shall have a street frontage that is between 40-60% of the lot width existing street frontage of the lot
being subdivided. Resulting lots shall have a side-by-side orientation and shall not create a landlocked
parcel.
c. Existing interior lots or pie shaped lots with more than 75 feet of street frontage and a lot depth of more
than 145 feet, may be subdivided in one of the following ways:
i. Resulting lots shall have a street frontage that is at least 40% of the existing street frontage of the lot
being subdivided. Lots shall have a side-by-side orientation and shall not create a landlocked parcel;
or
ii. One of the resulting lots shall be a flag lot with access to the street. The buildable area of the flag lot
shall span the entire distance between the two side property lines that intersect with the front
property line of the lot being subdivided.
d. Existing interior lots or pie shaped lots with less than 60 feet of street frontage shall result in one flag lot
side property lines that intersect with the front property line of the lot being subdivided.
e. Existing flag lot subdivision shall result in lots in the same orientation as the existing lot (i.e., the
existing front lot line must be the front lot line of the future lots and the existing rear lot line shall be
the rear lot line of the future lots) and that are between 40-60% of the lot width of the lot being
subdivided.
f. Corner lots shall be subdivided in a manner that splits the existing street side property line to create at
least one front lot line on that frontage.
Page 25 of 61
R1-5 R1-6, 7.5, 8, 10, 20, etc., and R1-6e R1-a
BC. Landscaping
i. See Chapter 14.15, Landscape Ordinance
ii. At least 50% of the front yard of any project approved
pursuant to Chapter 19.28.150 shall be occupied by non-
hardscape landscaping
additions or new homes. The purpose of the
landscaping is to beautify the property and
to achieve partial screening of building forms
from the street and adjacent properties.
Generally, the landscaping may include
shrubbery, hedges, trees, or lattice with vines
on fences
iv. At least 50% of the front yard of any project
be occupied by non-hardscape landscaping
CD
1. Total site grading (cut plus
fill)2,3
ii. Projects that exceed the maximum quantity shall require Architectural and Site Approval per Section
19.28.040(HG).
iii. For projects proposed pursuant to Government Code Sections 64411.7 and/or 65852.21, tTotal site
grading shall be limited to 2,500 cubic yards for the entire site as calculated prior to subdivision.
For projects proposed pursuant to Government Code Sections 64411.7 and/or 65852.21, fFlat yard area
created by grading areas that are sloped more than 10% shall be limited to 2,500 square feet, not
including the driveway, as calculated prior to any subdivision.
D. Development on properties with an average slope greater than 10% shall comply with Sections 19.40.050 (F), (G), and (I) and Sections
19.40.060(E), (H), (I) and (J).
1. On actual slopes ≥ 30%
and subject to the requirements of Sections 19.40.050 (F), (G), and (I) and
Sections 19.40.060(E), (H), (I) and (J).
ii. Development greater than 500 square feet shall be subject to a Hillside Exception by the Planning
Commission in accordance with section 19.40.080 of the RHS Ordinance. No Hillside Exception is
permitted on lots developed pursuant to Section 19.28.150.
Page 26 of 61
R1-5 R1-6, 7.5, 8, 10, 20, etc., and R1-6e R1-a
In all cases, the following shall apply:
a. Change in grade elevation shall be limited to the minimum extent necessary to ensure adequate
drainage and access as demonstrated by a grading and drainage plan prepared by a registered civil
engineer.
b. Split level designs shall be used to avoid additional change in grade elevation.
c. Unless otherwise required by the City Engineer, spoils shall be balanced on site and shall match the
existing grading and drainage pattern of the site.
d. Unless required by the City Engineer, development shall not result in a finished floor more than 36
inches above finished grade.
2. For projects proposed
pursuant to Government
Code Sections 64411.7
and/or 65852.21
i. Unless required by the City Engineer or to meet Fire Code requirements, grading activity on lots with an
average slope of:
a. Less than five percent shall not result in a change in grade elevation by more than 12 inches from
existing natural grade.
b. Between five and ten percent shall not result in a change in grade elevation by more than 24 inches
from existing natural grade.
c. Ten percent or more shall not result in a change in grade elevation by more than three feet from
existing natural grade.
ii. In all cases, the following shall apply:
a. Change in grade elevation shall be limited to the minimum extent necessary to ensure adequate
drainage and access as demonstrated by a grading and drainage plan prepared by a registered civil
engineer.
b. Split level designs shall be used to avoid additional change in grade elevation.
c. Unless otherwise required by the City Engineer, spoils shall be balanced on site and shall match the
existing grading and drainage pattern of the site.
d. Unless required by the City Engineer, development shall not result in a finished floor more than 36
inches above finished grade.
F. On-site improvements
All properties shall provide a 4.5 foot wide pathway, a 4.5 foot wide planting strip, curb and gutter, curb cut,
AC pavement, and underground utilities at the street as follows:
1. i. Detached pathway when a property on either side of the subject property has a detached pathway;
2. ii. Monolithic pathway when a property on either side of the subject property has a monolithic pathway
Page 27 of 61
R1-5 R1-6, 7.5, 8, 10, 20, etc., and R1-6e R1-a
3. iii.
the pre-dominant pattern of pathways on the street, as determined by the City Engineer, shall be
provided, unless the subject property has a “semi-rural” designation adopted by City Council resolution.
4. iv. The City Engineer shall adopt any objective standard necessary to implement the requirements of this
paragraph.
G. Curb Cuts Driveways for
developments pursuant to
Government Code Section
64411.7 or 65852.21
-driveway
shall be permitted. A distance of at least 22 feet shall be provided between two, one-car-wide curb cuts,
else, a shared driveway with curb cut, no more than a two-car curb cut, may be provided.
2. Unless subject to subsection (3) below, for interior or pie shaped lots with a street frontage of more than 35
feet: a maximum of a two-car driveway curb cut is permitted provided a distance of at least 22 feet is
provided between existing and proposed driveway flares, else the driveway curb cut shall be limited to a
one-car driveway curb cut.
3. When an Urban Lot Split subdivision results in a flag lot, the two resulting lots shall share vehicular
access off of the access area of the resulting flag lot, unless one of the lots is an new interior lot with at
least 50 feet of minimum street frontage of 50 feet. The access area shall be a minimum of 20 feet and a
maximum of 25 feet in width, comprising a minimum 16-foot drive aisle and a minimum 2-foot-wide
landscaping planter on either side. A maximum two-car driveway curb cut is permitted at the right-of
way. No other curb cuts shall be permitted.
4. Where a shared driveway (not through a flag lot) is proposed:
i. No additional curb cuts shall be permitted.
ii. 50% of the width of the shared driveway curb cut shall be on each property.
iii. A maximum two car curb cut shall be permitted.
5. Where shared driveway access through a flag lot is required and would provide access to new
development, the driveway access for front lot shall be located in the rear 50% of the property.
6. On lots where an existing residence is retained on the site of an urban lot split or development pursuant
to Government Code Section 65852.21 subdivision, an existing curb cut of not more than 18 feet in width
may remain when providing exclusive access to the existing residence.
7. A maximum 18’ wide car curb cut is allowed when a two-car curb cut is permitted.
8. A maximum 12’ wide curb cut is allowed when a one-car curb cut is permitted.
Page 28 of 61
R1-5 R1-6, 7.5, 8, 10, 20, etc., and R1-6e R1-a
9. When shared access is proposed, a covenant, necessary for appropriate ingress and egress easements,
shall be recorded prior to final parcel map recordation.
10. A maintenance agreement shall be recorded to ensure shared maintenance of any shared access
easements, stormwater treatment, landscaping, and private utilities, prior to final parcel map
recordation.
H. Driveways
When a subdivision results in a flag lot, the access area shall be a minimum of 20 feet and a maximum
of 25 feet in width, comprising a minimum 16-foot drive aisle and a minimum 2-foot-wide
landscaping planter on either side.
2. Where shared driveway access through a flag lot is required and would provide access to new
development, the driveway access for the front lot shall be located in the rear 50% of the property.
3. A one-car driveway shall be a minimum of 10 feet in width and a maximum of 12 feet in width.
4. A two-car driveway shall be a maximum of 20 feet in width. Any third or more driveway spaces shall
be in tandem.
5. Subparagraphs 3 and 4 do not apply to the flag lot access area.
6. When shared access is proposed, a covenant, necessary for appropriate ingress and egress easements,
shall be recorded prior to final parcel map recordation.
7. A maintenance agreement shall be recorded to ensure shared maintenance of any shared access
easements, stormwater treatment, landscaping, and private utilities, prior to final parcel map
recordation.
. Easement and Covenants
required for subdivisions
pursuant to Government
Code Section 64411.7
1. Utility easements shall be recorded prior to final parcel map recordation.
2. A covenant necessary for maintenance of stormwater treatment facilities shall be recorded prior to final
map recordation.
J. Public Improvements dedication to accommodate the predominant public right-of-way, as determined by the City Engineer,
abutting the corresponding lot line and frontage improvements, including curb, gutter and sidewalk,
which shall be installed by the applicant at his or her expense.
Notes:
1. Lots, which contain less area than required by its zoning designation, but not less than 5,000 square feet, may nevertheless be used as
building sites, provided that all other applicable requirements of this title are fulfilled.
Page 29 of 61
R1-5 R1-6, 7.5, 8, 10, 20, etc., and R1-6e R1-a
not include basements. The graded area shall be limited to the building pad area to the greatest extent possible. Grading quantities for
multiple driveways are divided equally among the participating lots, e.g. two lots sharing a driveway will divide the driveway grading
quantity in half. The divided share will be charged against the grading quantity allowed for that lot development.
3. All cut and fill areas shall be rounded to follow the natural contours and planted with landscaping that meets the following requirements:
i. A landscape plan shall be prepared that addresses measures to prevent soil erosion and to screen cut and fill slopes.
ii. A tree planting plan shall be prepared for the site which will screen grading areas, and residential structures, to the greatest possible
extent, as well as to reintroduce trees on barren slopes which were denuded by prior agricultural activities.
iii. Landscape improvements shall meet the requirements as established in the Landscape Ordinance, Chapter 14.15.
iv. Landscape improvements shall be installed prior to final occupancy unless such installation is impracticable, in which case, the
applicant shall post a bond, cash, or other security to ensure installation within an 18-month period from occupancy. All such
landscape areas shall be properly maintained.
(Continued on next page)
Page 30 of 61
44. Update Section 19.28.070 (B), 19.28.070 (I), and 19.28.070 (J) (3) and add Section 19.28.070 (L)
and 19.28.070 (M) to clarify objective language and update standards for single-family
residential design to reflect changes to State law made through SB450:
B. Maximum Floor
Area Ratio
, however, a housing development project
on a lot having a slope 30% or greater shall not exceed the floor
area allowed under Chapter 19.40.
--- --- ---
1. Number,
size, and
volume of
lightwells
a. Residential
Code for egress, light, and ventilation, unless the basement area is
counted towards floor area, except that in the case of a single-story house
with a basement, one lightwell may be up to 10 feet wide and 10 feet long.
b. Lightwells with stairs are not permitted, except that one lightwell
with stairs is allowed if it is the primary means of access to an
independent basement residential unit which is separated from any
other residential unit. The lightwell with stairs is limited to the
minimum size required for light and ventilation or egress per the
Residential Building Code.
2. Minimum setback for lightwell retaining wall
. Side yard 5 feet
. Rear yard 10 feet
3. Lightwell
railings
3three , six inches fencerailing
located immediately adjacent to the lightwell.
screening landscaping.
5. Root barrier
measures
theall s all s retaining walls
be treated and/or reinforced with the most effective root barrier measures
as determined by an ISA certified Arborist in conjunction with
recommendations from a certified Structural Engineerby the Director of
Community Development.
--- --- ---
3. First Floor and
Second Floor
story structures and single-story sections of two-story structures
must fit into the building envelope defined by:
Page 31 of 61
Envelopes
property line; and
ii. A 25 degree roof line angle projected inward at the 10 foot high
line referenced above;.
b. Notwithstanding the building envelope, a gable end of a roof
enclosing an attic space may have a maximum wall height of 17 feet
to the peak of the roof as measured from natural grade, or up to 20
feet with a Minor Residential permit subject to Chapter 19.12.
c. Second-story building envelope: All the maximum exterior wall
height and building height on two-story sections of two-story
structures must fit into the building envelope defined by:
i. A 16-foot-high vertical line from natural grade measured at the
property line; and
ii. A 25-degree roof line angle projected inward at the 16-foot-
high line referenced above.
--- --- ---
L. Refuse,
recycling, and
other containers
street, shall be provided in an interior yard behind a fence.
2. This area shall not be concurrent with any emergency access
pathway required by the Fire Department.
Lighting Shall comply with the requirements of Chapter 19.102.
45. Update Section 19.28.070 (C) to remove a reference altered by the adoption of Ordinance 23-
2254:
C. Maximum
second to first floor
ratio
,
a. Ssee Sections 19.28.040(D) and (E)(1) for permitting requirements.
Homes subject to design review shall comply with the design review
principles in Section 19.28.110(C).
46. Update Section 19.28.070 (E) (3) (a) (i) to make consistent use of the spelling of usable:
i. May be reduced to 10 feet, with a Minor Residential Permit, subject to Chapter 19.12, if,
after the reduction, the useable rear yard area is not less than 20 times the lot width as
measured from the front setback line.
47. Update Section 19.28.070 (F) (2) (a) (i) and 19.28.070 (F) (2) (b) (i) to revise a reference altered
by the adoption of Ordinance 23-2254:
Page 32 of 61
a. Interior
Lot
i. See Section 19.28.040(ED)(2) for permitting requirements. Homes subject to
design review shall comply with the design review principles in Section
19.28.110(C).
b. Corner lot feet)
i. Interior
Side
single family dwelling
iA. See Section 19.28.040(ED)(2) for permitting requirements. Homes subject
to design review shall comply with the design review principles in Section
19.28.110(C).
48. Revise language in Table 19.28.090 (C) to clarify standards:
C. Maximum second to first
floor area ratio
40% of the existing or proposed first floor area or 750 square
feet, whichever is greater, except as follows:
a. A second floor may be at least 750 square feet in area
ba. In no case shall a second floor be more than 1,100 square
feet in area.
49. Update Table 19.28.090 (J) (3) to revise a reference altered by the adoption of Ordinance 23-
2254:
height 19.28.110(A)(67)
50. Add Section 19.28.090 (M) and (N) to update standards for single-family residential design
to reflect changes to State law made through SB450:
M. Refuse,
recycling, and
other containers
street, shall be provided in an interior yard behind a fence.
2. This area shall not be concurrent with any emergency access
pathway required by the Fire Department.
Lighting Shall comply with the requirements of Chapter 19.102.
51. Update Section 19.28.110 (A) to clarify objective language and update standards for single-
family residential design to reflect changes to State law made through SB450:
Any new single-family residential house or addition to an existing house shall be generally
consistent with the adopted single-family residential guidelines in Sections 19.28.110(A) and
(B).
Page 33 of 61
A. Single-Family Residential Design GuidelinesStandards for all projects.1, 2
1. There shall not be a three-car wide driveway curb cut.
2. No more than fifty percent of the front elevation of a house shall consist of garage
area, unless doing so would result in an area that could not accommodate the
minimum required setbacks and enclosed parking area. the lot is not wide enough
to accommodate.
3. a. In the R1-a zone, tThe maximum width of a garage on the front elevation shall be
twenty-five feet, which will accommodate a two-car garage. Additional garage
spaces shall be provided through the use of a tandem garage or a detached accessory
structure at the rear of the property.2
4. Usable living area, not including any architectural feature, porch, or patio, shall be
a minimum of two feet closer to the street than the garage, unless a side entering
garage with curved driveway is provided or the lot is not wide enough to
accommodate living area adjacent to the garage, while garages should be set back
more.
5. All roofs shall have at least a one-foot overhang.
6. Air conditioning units and similar mechanical equipment such as generators,
sump pumps, heating, and ventilation equipment should be ground-mounted and
screened from public view, or underground, and shall meet accessory structure
setbacks and adhere to the requirements of Chapter 10.48 of the Municipal Code.
Mechanical, heating, or cooling equipment or associated piping installed on the roof
shall be screened from the public right away, except in R1-e zones where roof top
equipment is not allowed.
7. A porches, patio, or other front entry feature is required are encouraged.
a. The feature shall be oriented to face the street and shall include a front entry
door also oriented to face the street.
b. If duplexes are proposed on corner lots, the entrances to the two units shall be
on different street frontages, except that if the corner lot fronts a major
collector, both the entrances may be located on the minor collector or
neighborhood street.
c. If a front porch (not a front entry feature) is proposed, the porch shall be
proportionately greater in width than in height.
d. Porches, patios, and other entry features shall have detailing that emphasizes
the base and have caps for posts and fence elements of the feature.
e. In the R1-a zone, the following porch design guidelines apply2:
i. When viewed from the street, a porch shall appear proportionately greater
in width than in height. A porch differs from an entry element, which has a
proportionately greater height than its width.
ii. Structural supports shall be designed such that the appearance is not
obtrusive or massive.
Page 34 of 61
iii. The use of large columns or pillars is discouraged.
iv. The eave height for a front entry porch shall not be significantly taller than
the eave height of typical single-story elements in the neighborhood.
v. Porch elements shall have detailing that emphasizes the base and caps for
posts and fence elements.
f. In R1-6e and R1-a zones, entry features shall not be higher than fourteen feet
from natural grade to plate.2
8. Third car garage spaces shall be set back as follows:
a. On lots when the garage is visible from the street: parking shall be provided in
tandem or in a detached accessory structure at the rear of the property.
b. On flag lots or on side-oriented garages located at the rear of the principal unit:
a third parking space may be on the same wall plane as the other two parking
spaces.
9. Garage doors for no more than two car spaces shall be visible from the public
right of way.
10. All garage doors shall be recessed a minimum of six (6) inches from the
surrounding building wall and shall include trim of at least one and a half (1.5)
inches in depth.
11. Where the garage faces the side yard, but is visible from the street, the garage shall
incorporate a window on the street front facade so that it appears to be a habitable
portion of the house. The window style must be the same as the windows on the
habitable dwelling unit(s).
12. Private Open Space: Each unit must provide at least 15% of the unit floor area as
private open space on the first floor, with no dimension less than 10 feet. Private
open space shall not be located in the required front yard setback area.
13. Exterior and/or uncovered stair access shall not be allowed to the second floor.
14. Detached structures on a lot must use the same architectural style and materials as
the primary residence.
15. Except in R1-e zones, the elevation facing a street shall incorporate at least four
architectural features, such as bay windows or an entry feature, and/or elements of
architectural interest, such as wall insets or offsets, planters, railings, trellises, a
combination of roofing elements (e.g., hip and gable roofs), dormers, change in
architectural materials, quoins, accent tiles, or a prominent accent window inset
greater than six inches. Windowsills, door or window trim, and roofing materials
do not count as one of the features.
16. Gable ends and Dutch gable ends taller than thirty inches shall include at least
one element of architectural interest such as:
• a wall offset with corbels, brackets, or change in materials;
• louvered wood or metal vents;
• clay of terracotta tile vents;
Page 35 of 61
• accent tile decoration;
• medallion decoration;
• metal grille;
• a change in architectural materials;
• incorporation of corbels;
• decorative gable pediments;
• eyebrow trellises or pergola structurally attached to the building; or
• windows/glazing.
17. Stone veneer or accent materials used as a wainscot on a street facing façade shall
be wrapped around to the side façade and end at a logical terminus, such as a
fence line or a chimney or at an interior corner. Stone veneer or any other siding
material wrapped on columns shall terminate at the floor or ground, as applicable.
52. Update Section 19.28.120 to make intent language consistent with Section 19.28.070 (G):
To mitigate privacy impacts and the visual mass and bulk of new two-story homes and
additions, tree and/or shrub planting is required. The intent of this section is to provide
substantial screening of views into neighboring residential side or rear yards within three
years of planting, in order to protect the privacy of adjoining properties.
53. Update Section 19.28.120 (A) to clarify objective language and update standards for single-
family residences in response to the changes to State law made through SB450:
A. Applicability. These requirements shall apply to new two-story homes, second-story
decks, two-story additions, modifications to the existing second-story decks and/or new
windows on existing two-story homes that increase privacy impacts on neighboring
residents.
1. These requirements shall not apply to:
a. Skylights;
b. Windows with sills more than five feet above the finished second floor;
c. Obscured, non-openable windows;
d. Windows with permanent exterior louvers to a height of five feet above the
second floor;
e. Non-operable windows with obscure glass to a height of five feet above the
second floor;
f. Windows which do not have views into a neighboring side or rear yard or that
face a street or a non-residential zoning district; and
g. When waivers have been obtained fromby all affected property owners.
Page 36 of 61
54. Update Section 19.28.120 (C) (1), (2), and (6) to clarify objective language, to make language
consistent with the requirements for landscaping outlined in Chapter 14.18, and update
standards for single-family residences in response to the changes to State law made through
SB450:
1. Front Yard Tree Planting.
a. The tree shall be twenty-four-inch box or larger low to moderate water using tree
that typically grows to a mature height of more than 30 feet, planted at with a
minimum height of six feet, as measured from adjacent grade. California native
trees are preferred.
b. The tree shall be planted in front of new second stories in the center 50% of the front
yard setback area.
i. In the R1-a zone, the tree shall be placed to where views from second story
windows across the street are partially mitigated.
c. The Director of Community Development may waive the front yard tree or allow the
tree to be planted outside of the center 50% of the front yard setback area based on
a report from an internationally-certified arborist citing unavoidable conflict with
existing mature tree canopies onsite or in the public right-of-way.
d. An existing mature tree in the front yard that is or can typically grow to a height of
30 feet or more and is located in the center 50% of the front yard can be used as the
front yard tree, subject to an ISA certified arborist certifying that the tree is in
good health.
e. A covenant shall be recorded to identify the front yard tree as a Protected Tree and
notifying current and future property owners to retain and maintain the tree in
good health.
2. Privacy Planting.
a. New trees and/or shrubs are required on the applicant's property in an area bounded
by a thirty-degree angle on each side window jamb. and a 180-degree angle from
each corner of a balcony or second story deck, modified by the angle created
between the furthest corner of the balcony or deck and the corresponding corner
of the second story portion of the structure, as shown in the City’s Privacy
Protection Requirements Handout.
b. The following is required for all side and rear yard-facing second story windows in
the R1-6e zone:
i. Cover windows with exterior louvers to a height of five feet above the second
floor; or
ii. Obscure glass to a height of five feet above the second floor; or
iii. Have a windowsill height of five feet minimum above the finished second
floor.
Page 37 of 61
c. The Planning Division shall maintain a list of allowed privacy planting trees and
shrubs. The list includes allowed plant species, minimum size of trees and shrubs,
expected canopy or spread size, and planting distance between trees.
i. In the R1-a zone, the minimum height of privacy trees at the time of planting
shall be twelve feet.
ii. In the R1-a zone, privacy planting shall have a minimum setback from the
property line equivalent to one-quarter of the spread noted on the City list.
d. The trees and/or shrubs shall be planted prior to issuance of a final occupancy
permit.
e. Windows or other openings in the wall with a side yard setback less than 10 feet
or a rear yard setback of less than 25 feet shall have a minimum windowsill height
of more than five feet or shall have obscure glass and be inoperable with a fixed
pane(s).
f. The minimum planter width required for privacy planting shall be three feet.
Emergency access paths shall not be concurrent with areas designated as privacy
planting planters.
6. Replacement. Privacy planting in R-1 zoning districts shall be maintained by the
property owner of the lot. Where required planting is approved for removal removed
or dies, replacement trees must be planted it must be replaced within thirty days with
privacy tree(s) in the same location, size and with the same species, and of the same
size as the tree(s) being replaced, unless the location, species, or size is determined to
be infeasible by the Director of Community Development. If an alternative location is
proposed due to infeasibility, as determined by the Director, the tree(s) must be
relocated to continue screening of the privacy viewshed, as defined in Section
19.28.120 (C) (2) (a), unless a waiver is obtained from the affected neighbor. of similar
size as the tree(s) being replaced, unless it is determined to be infeasible by the
Director of Community Development.
Page 38 of 61
55. Update Section 19.28.150 to clarify objective language and update standards for ministerial approval of up to two units to reflect changes to
State law made through SB450:
E. Objective Zoning and Design Standards for Ministerially Approved Housing Development Projects in the R-1 District. In addition to any
applicable objective zoning standards, objective subdivision standards, and objective design review standards in the Municipal Code, a
housing development project approved pursuant to this Section must comply with all applicable objective zoning and design standards to
the maximum extent permissible under Government Code Section 65852.21, including but not limited to the following standards for
ministerial development projects:
1. Development Standards (Gov.
Code, § 65852.21)
Except as otherwise provided herein, uU
with Paragraph B, above.; or
b. The floor area of the larger unit in a duplex development proposed pursuant to this Section shall be
no more than 200 square feet greater than the smaller unit of the duplex development.
c. Notwithstanding subparagraph (a), development pursuant to this Section may have a maximum
plus an additional 5% for roof overhangs, patios, porches, and other similar features not Substantially
Enclosed, if it complies with the requirements of Paragraph B and subparagraphs 2 through 16 of this
Paragraph; provided, however, that a housing development project on a lot having a slope 30% or
greater shall not exceed the floor area allowed under Chapter 19.40. However, under no circumstances
shall the size of any ministerially approved unit exceed 2,000 square feet of living space.
b. Units exceeding 800 square feet may be permissible if compliant with the following:
i. Cumulative Floor Area Ratio and Lot Coverage of the applicable zoning district (i.e. R1, R1-a, R1-
or R1-i); and
ii. The requirements of Paragraph B; and
iii. Subparagraphs 2 through 16 of this Paragraph.
cd. If the site has been occupied by a tenant in the last three years, no more than 25% of the exterior walls
alteration or demolition of an existing unit shall occurbe demolished.
e. If no dedication was required for creation of the lot, the project shall include a dedication to
accommodate the predominant public right of way, as determined by the City Engineer, abutting the
corresponding lot line and frontage improvements, including curb, gutter and sidewalk shall be
installed by the applicant.
Page 39 of 61
2. Second to First Floor Area Ratio:
a. The ratio of the second story to first story floor area shall not exceed 5066 in all R1 zoning districts
except the R1-a district. except that:
i. In all R1 zoning districts except the R1-a district:
1. The ratio of the second story to first story floor area may exceed 50%, up to a maximum of
66%, if a combined first-story side setback of 15 feet (with no first-story side setback less than
five feet), second- story side setbacks of at least 15 feet each, a rear setback of 20 feet on the
first story and a rear setback of 25 feet on the second story are provided.
b. ii. In the R1-a zoning district: See Section 19.28.090 (C).
1. The maximum ratio of the second story to first story floor area is 40% but no larger than 500 square
feet, except where allowed below;
2. A second floor may exceed 500 square feet, but shall not in any case exceed 1,100 square feet, if
first-story side setbacks of at least 10 feet each , a combined second-story side setback of 35 feet
(with no second story side setback less than 15 feet), and a rear setback of 20 feet for the first story
and 40 feet for the second story are provided.
b. Interior areas (measured from the finished floor to the top of the roof rafters) with heights greater
than 16 feet shall be double counted as floor area as follows:
i. For one story homes, the floor area shall be double counted as first floor area.
ii. For two story homes, the floor area shall be counted once each for first and second floor area.
3. 4. Setbacks:
Minimum first
except that:
i. In the R1-a zoning district, the required minimum setback is 30 feet.
ii. Garages with up to two parking spaces shall be set back two additional feet from the face of
the living area of the unit, not including a front entry feature or porch.
iii. Third car garage spaces:
1. On lots when the garage is visible from the street: parking shall be provided in tandem or
in a detached accessory structure at the rear of the property.
2. On flag lots or on side-oriented garages located at the rear of the principal unit: a third
parking space may be on the same wall plane as the other two parking spaces.
b. Minimum second-story front setback is 25 feet except that:
i. In the R1-a zoning district, the required minimum setback is 30 feet.
Page 40 of 61
Minimum first
i. No setbacks shall be required for an existing structure or for a structure constructed in the same
location and to the same dimensions as an existing structure.
ii. No new or expanded structures shall encroach upon any existing public or private utility
easements.
iii. No setback shall be required from a shared new side lot line between the two new lots created
pursuant to an Urban Lot Split under Government Code Section 66411.7 when:
1. More than one new primary dwelling unit is approved concurrently with an Urban Lot Split;
and
2. Units with a zero-foot setback are developed concurrently; and
3. All other side yard setbacks are a minimum of five feet on the first story and 10 feet on the
second story; and
4. The entirety of wall faces along the shared property line are structurally attached; and
5. Structures along the new shared property line are no more than zero feet or less than four
feet.
iv. The required building envelope shall not apply to the portions of structures with a zero-foot
setback.
d. Corner Triangle: No portion of a structure shall be located within a corner triangle, provided that in no
case shall a side yard setback of more than four feet be required.
e. Detached primary residential structures: Detached structures located on the same lot shall have a
setback of five feet as measured between the eaves of the two structures.
54. Maximum height:
i. In R-1 Zoning Districts with “i" suffix, buildings shall be limited to one story (not to exceed 18 feet).
b. First-story building envelope: See Section 19.28.070 (J) (3) All the maximum exterior wall height and
building height ofn single-story structures and single story sections of two-story structures must fit
into the building envelope defined by:
i. A 9-foot-high vertical line from natural grade measured at the property line; and
ii. A 25-degree roof line angle projected inward at the 9-foot-high line referenced above;
Notwithstanding the first story building envelope, a gable end of a roof enclosing an unfinished attic
space may have a maximum wall height of 13 feet to the peak of the roof as measured from natural
grade.
Page 41 of 61
See Section 19.28.070 (J) (3)All the maximum exterior wall height and
building height on two-story sections of two-story structures must fit into the building envelope
defined by:
i. A 15-foot-high vertical line from natural A 25-degree roof line angle projected inward at the 15-
foot-high line referenced above.grade measured at the property line; and
ii. A 25-degree roof line angle projected inward at the 15-foot-high line referenced above.
d. Notwithstanding subsections (b) and (c) above, portions of the structures developed utilizing the
provisions of subsection (43)(c) above, do not have to meet the first story or second story building
envelope requirements.
65 s Not allowed. Allowed, subject to the requirements outlined in Section 19.28.070 (I).
76. Landscaping and Privacy
Protection:
Code.
b. Front Yard Tree Required: Shall be provided in the same manner as required pursuant to Section
19.28.120.
i. A 24-inch box California native tree that typically grows to a mature height of more than 30 feet is
required for all two-story homes and must be placed in the center 50% of the front yard.
ii. An existing mature tree in the front yard that is or can typically grow to a height of 30 feet of more
and is located in the center 50% of the front yard can be used as the front yard tree, subject to an
ISA certified arborist certifying that the tree is in good health.
iii. A covenant shall be recorded to identify the front yard tree as a Protected Tree and notifying
current and future property owners to retain and maintain the tree in good health.
c. Privacy Protection Planting: for windows from second story windows shall be providedrequired in the
same manner as required pursuant to Section 19.28.120., except as provided below:
i. Windows or other openings in the wall with a side yard setback less than 10 feet shall have a
minimum windowsill height of five feet one inch or shall have obscure glass and be inoperable
with a fixed pane(s).
ii. Windows or other openings in the wall with a rear yard setback less than 25 feet shall have a
minimum windowsill height of five feet one inch, or shall have obscure glass and be inoperable
with a fixed pane(s).
iii. Subsections (a) and (b) do not apply to skylights or windows which do not have views into an
adjacent side or rear yard or that face a street or a non-residential zoning district.
Page 42 of 61
iv. Minimum planter width required for privacy planting shall be three feet. Emergency access paths
shall not be concurrent with areas designated as privacy planting planters.
87. Private open space:
Each unit must provide at least 15% of the unit floor area as private open space on the first floor, with no
dimension less than 10 feet. Private open space shall not be located in the required front yard setback
area. See Section 19.28.110 (A) (12).
8. Permitted yard encroachments:
, but not porches,
b. Architectural features Mmay extend into a required yard a distance not exceeding three feet.
c. 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.
d. Architectural features may not exceed 50% of the wall they are on, as measured from the interior wall
surfaces.
9. Second story decks, balconies, or
similar features Not Allowed Minor Residential Permit required consistent with Section 19.28.070 G.
10. Design Standards:
a. See Sections 19.28.060, 19.28.070, and 19.28.110 (A).
a. Entry features:
i. A maximum of one entry feature per unit is allowed and no more than one entry feature per
structure shall be allowed.
ii. The entry feature shall be oriented to face the street and shall include a front entry door also
oriented to face the street.
iii. Maximum entry feature height is 14 feet as measured from natural grade to the top of the plate.
iv. If a duplex with attached units is proposed, a proposed entry feature may incorporate two
entrance doors for the two units. One of the entrance doors or a common opening into a shared
entry portal shall be oriented to face the street.
v. If duplexes are proposed on corner lots, the entrances to the two units shall be on different street
frontages, except that if the corner lot fronts a major collector, both the entrances may be located
on the minor collector or neighborhood street.
b. If a front porch (not a front entry feature) is proposed, the porch shall be proportionately greater in
width than in height.
i. Porch elements shall have detailing that emphasizes the base and have caps for posts
and fence elements of the porch.
c. Exterior and/or uncovered stair access shall not be allowed to the second floor.
Page 43 of 61
d. All new structures proposed in the R1-e zoning district shall meet the building design requirements
in Section 19.28.080 and shall meet the Eichler design guidelines.
e. In the R1-a zoning district, the second story shall not cantilever over a first story wall plane.
f. In addition to standards outlined in subsections (1) – (9) above, development on properties with an
average slope greater than 10% shall comply with Section 19.40.050 (F), (G), and (I) and Section
19.40.060(E), (H), (I) and (J).
g. Windows and doors shall either:
i. Have a minimum three-and-one half inch in width by three-quarter inch in depth trim
when protruding from the wall or
ii. Be inset a minimum of three inches from the exterior finish of the structure. If recessed,
the primary siding material shall cover the recessed edge faces and wrap toward the
interior face of the window glazing or door by not less than two-inch depth.
h. All garage doors shall be recessed a minimum of six (6) inches from the surrounding building wall
and shall include trim of at least one and a half (1.5) inches in depth.
i. Roof overhangs or building eaves shall be a minimum of 12 inches in width.
j. Detached structures on a lot must use the same architectural style and materials.
k. Where the garage faces the side yard, but is visible from the street, the garage shall incorporate a
window on the street front facade so that it appears to be a habitable portion of the house. The
window style must be the same as the windows on the habitable dwelling unit(s).
l. Enclosed living area shall be closer to the street than garage space. Garages shall be set back as
identified in subparagraph (3) above.
m. No more than fifty percent of the front elevation of a house shall consist of garage space.
n. The maximum width of a garage on the front elevation shall be 24 feet for a two-car garage.
o. Garage doors for no more than two car spaces shall be visible from the public right of way.
p. Outdoor lighting shall comply with the requirements of Chapter 19.102.
q. The elevation facing a street shall incorporate at least four architectural features, such as bay
windows or an entry feature, and/or elements of architectural interest, such as wall insets or offsets,
planters, railings, trellises, a combination of roofing elements (e.g., hip and gable roofs), dormers,
change in architectural materials, quoins, accent tiles, or an accent window inset greater than six
inches. Windowsills, door or window trim, and roofing materials do not count as one of the features.
Page 44 of 61
r. Gable ends and dutch gable ends taller than thirty inches shall include at least one element of
architectural interest such as:
• a wall offset with corbels, brackets or change in materials;
• louvered wood or metal vents;
• clay of terracotta tile vents;
• accent tile decoration;
• medallion decoration;
• metal grille;
• a change in architectural materials;
• incorporation of corbels;
• decorative gable pediments;
• eyebrow trellises or pergola structurally attached to the building or
• windows/glazing.
s. Stone veneer or accent materials used as a wainscot on a street facing façade shall be wrapped around
to the side façade and end at a logical terminus, such as a fence line or a chimney or at an interior
corner.
t. Stone veneer or any other siding material wrapped on columns shall terminate at the floor.
11. Accessory buildings/structure:
Accessory Dwelling units shall not be permitted on any lot in the R-1 zoning district if a lot split has
been approved pursuant to Section 18.12.170 and one or more unit(s) hasve been approved for
construction pursuant to this Section 19.28.150 on each resulting lot.
b. Limited to one story (not exceed 15 feet).
c. Accessory Dwelling Units shall meet subsections (1) and (2) above and shall additionally be in
compliance with the regulations of Chapter 19.112.
d. Air conditioning units and similar mechanical equipment such as generators, sump pumps, heating,
and ventilation equipment shall be ground-mounted and screened from public view or underground
and shall meet accessory structure setbacks and adhere to the requirements of Chapter 10.48 of the
Municipal Code.
. Refuse, recycling, and other
containers
a. See Section 19.28.070 (L) and 19.28.090 (M). A minimum 8-foot by 3-foot space per unit, not visible
from the street, shall be provided in an interior yard behind a fence.
Page 45 of 61
This area shall not be concurrent with any emergency access pathway required by the Fire
Department.
1314. Parking
Units shall have at least one off
imposed in either of the following instances:
i. The parcel is located within one-half mile walking distance of either a high-quality transit corridor,
as defined in Public Resources Code Section 21155(b) Code, or of a major transit stop, as defined in
Public Resources Code Section 21064.3.
ii. There is a car share vehicle located within one block of the parcel.
b. Each pParking space(s) shall be provided in an enclosed garage encompassing a 10’ by 20’ space for
each space, unobstructed (i.e., by walls, appliances, etc.) between six inches from finished floor up to six
feet from finished floor.
c. When additional enclosed parking space(s) is/are provided, the space(s) shall meet the requirements of
Chapter 19.124.
1415. Driveway and curb cuts:
a. A one car driveway shall be a minimum of 10 feet in width and a maximum of 12 feet in width.
b. A two-car driveway shall be a maximum of 20 feet in width. Any third or more driveway spaces shall
be in tandem.
c. Subparagraphs a and b do not apply to the flag lot access area.
d. When a two-car curb cut is permitted, a maximum 18’ foot wide curb cut shall be allowed.
e. When a one-car curb cut is permitted, a maximum 12’ foot wide curb cut shall be allowed.
Subject to the requirements of Sections 19.28.070 (G) and 19.28.070 (H).
. Short Term Rentals Prohibited: No residential unit created pursuant to this Section may be rented for a term of 30 days or less.
Page 46 of 61
Chapter 19.36
56. Update Table 19.36.070 (C) (3) to make consistent use of the spelling of usable:
Projects with five or more units
lot depth,
whichever is
greater. Main
building may
encroach as close as
10 feet to rear lot
line if
a useable rear-yard
setback area of not
less than twenty
times the width of
the lot is
maintained.
the lot depth,
whichever is
greater.
lot depth, whichever
is greater. Main
building may
encroach as close as
if a useable rear-
setback area of not
less than twenty
times the width of
the lot is maintained.
lot depth, whichever
is greater.
floors more than one
story higher than any
adjacent primary
residential structures.
57. Edit Table 19.36.070 (G) to use correct spelling of sight:
Sighte Triangle portions thereof
Chapter 19.38
58. Edit Table 19.38.070 (F) to use correct spelling of sight:
Chapter 19.40
59. Update Section 19.40.040 (A) to make requirement for information clearer:
A. Site Plans that show topographical information at contour intervals not to exceed ten feet
and a horizontal map scale of one inch = two hundred feet or larger and identify all areas
with slopes of thirty percent or more.
60. Update Section 19.40.050 (B) (5), 19.40.050 (E) (1), 19.40.050 (F) (1) and (2), and 19.40.050 (I)
through (K) to clarify objective language and update standards for residential hillside
gh e
Triangle portions thereof.
Page 47 of 61
projects to reflect changes to State law made through SB450 and to correct landscaping
standards reference:
a.
lot being split.
b. Each resulting lot shall share one common driveway. If an
existing driveway or curb cut exists, a new driveway or curb
cut location shall not be approved.
Up to two new property lines may be added to create a new lot
and shall follow the contours of the property.
If in an area where direct sanitary sewer connection is
unavailable, a percolation test completed within the last five
years, or if the percolation test has been recertified, within the
last 10 years, must be provided.
Building pads shall be identified on the flattest portion of a lot,
closest to an existing driveway. Where no driveway exists,
building pads shall be identified on the flattest portion of the
lot, closest to the access road unless doing so would result in a
combined grading total greater than that required for siting
elsewhere on the lot. In those cases, building pads shall be
sited so as to result in the minimum required grading to
develop two units of up to 800 square feet each.
b. No side or rear setbacks shall be required for an existing
structure or for a structure constructed in the same location and
to the same dimensions as an existing structure.
g. No new or expanded structures shall encroach upon any
existing public or private utility easements.
E. Site Grading
1. Maximum Grading
Quantity
Cumulative total of 2,500 cubic yards, cut plus fill.
Includes: grading for building pad, yard areas, driveway and all
other areas requiring grading.
Excludes: basements
All cut and fill shall be rounded to contour with natural contours
and planted with landscaping which meets the requirements in
Section 19.40.050 GF.
c. For each of the lots developed or created pursuant to
Government Code Sections 64411.7 and 65852.21, a cumulative
total of 1,250 cubic yards, cut plus fill (including grading for
Page 48 of 61
building pad, yard areas, driveway, all other areas requiring
grading, and basements), except if the original lot that was
subdivided has already performed prior grading, then the
amount of grading that has previously occurred shall be
reduced from the maximum grading quantity allowed
cumulatively on the two resulting lots.
i. Unless required by the City Engineer or to meet Fire Code
requirements, grading activity on lots with an average slope of:
A. Less than five percent shall not result in a change in
grade elevation by more than 12 inches from existing
natural grade.
B. Between five and ten percent shall not result in a change
in grade elevation by more than 24 inches from
existing natural grade.
C. Ten percent or more shall not result in a change in grade
elevation by more than three feet from existing
natural grade.
. In all cases, the following shall apply:
i. Changes in grade elevation shall be limited to the minimum
demonstrated by a grading and drainage plan prepared by
a registered civil engineer.
ii. Split level designs shall be used to avoid additional changes
in grade elevation.
iii. Unless otherwise required by the City Engineer, spoils shall
be balanced on site and shall match the existing grading
and drainage pattern of the site.
iv. Unless required by the City Engineer, development shall not
result in a finished floor more than 36 inches above finished
grade.
Shall be limited to the building pad area to the greatest extent
possible.
within 50 feet of ,
unless additional grading is required for emergency access, as
determined by the Fire Department, or for utilities, as
determined by the applicable service provider or the City
Engineer to the greatest extent possible.
b. For lots developed or created pursuant to Government Code
Sections 64411.7 and 65852.21, graded areas are limited to
Page 49 of 61
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.
driveways.
b. For a two-lot subdivision, lots developed or created pursuant
to Government Code Section 64411.7,
1,250 square feet per lot, excluding driveways, except as
limited by subsection (I).
5. Soil Erosion and
Screening of Cut and Fill
Slopes Plan
in consultation with the applicant and the City Engineer, submit a
plan to prevent soil erosion and to screen cut and fill slopes.
For projects pursuant to Government Code Section 65852.21, nNo
i. Foothill Boulevard and Cristo Rey Drive
ii. Foothill Boulevard and Alpine Way
iii. Bellevue and Carmen Road
iv. Linda Vista Drive and Hyannisport Ave
v. Hyannisport Ave and Bubb Road
vi. Rainbow Ave and Weymoth Drive.
b. Must comply with the Chapter 14.15, Landscaping Ordinance and
Wildland Urban Interface Fire Area (WUIFA) requirements.
c. At least 50% of the front yard area shall be landscaped (i.e., not
of ≥ 30%
,
other development > 500 square feet, except that on lots
developed or created pursuant to Government Code Sections
Page 50 of 61
and other development is limited to a maximum of 500 square
feet for each lot.
b. If the lots developed or created pursuant to Government Code
Sections 64411.7 and 65852.21 have no areas with slopes less
than 30% that can accommodate up to two units of 800 square
feet each, grading for building pads for structures is limited to
800 square feet. No other development shall be permitted on
such lots (e.g., development for flat yard area), unless
J. Trail Linkages and Lots
Adjoining Public Open
Spaces Site Plan
Plan Trail Plan, on and adjacent to the site.
b. 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, except that on lots
developed or created pursuant to Government Code Sections
64411.7 and 65852.21, no development may occur in an area
where a trail linkage is identified on the property.
c. 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, except that on lots developed or created pursuant
to Government Code Sections 64411.7 and 65852.21, no
unless doing so would preclude the development of up to two
.
K. Views and Privacy
ay confer with the building permit applicant to discuss alternate
except
s
minimum
inch or shall have obscure glass
.
Page 51 of 61
61. Update Table 19.40.060 (A) to address inadvertent changes to standards for lots less than
10,000 square feet in size and to reflect changes to State law made through SB450:
1. Maximum
Allowable
Development
housing development project approved pursuant to this Section shall
not exceed 800 square feet per unit.
Notwithstanding Paragraph (a), a ministerially approved housing
development approved pursuant to this Section may have a floor area
as calculated in subsection (c) below, if it complies with the
requirements of this Section; provided, however, that if the housing
development is on a parcel created by a ministerial lot split under
Chapter 18.20.170, the maximum allowable floor area for the original
lot shall be allocated to each resulting lot equal to the proportionate
size of each resulting lot to the original lot. However, under no
circumstances shall the size of ministerially approved units exceed
2,000 square feet of living space.
c. For projects not subject to ministerial approval under Paragraph (a) or
(b), maximum allowable development shall be the lesser of:
i. 6,500 square feet; or
ii. For lots with a net lot area of less than 10,000 square feet,
45% of the net lot area times the slope adjustment factor
pursuant to Section 19.40.060(A)(2)*; or
*Formula = (0.45 x Net lot area) x (Slope adjustment
factor)
iii. For lots with a net lot area of greater than or equal to 10,000
square feet, 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)**
**Formula = (4,500 + ((Net Lot Area - 10000)/1000) (59.59))
x (Slope Adjustment Factor)
62. Update Table 19.40.060 (A) (2) (c) to clarify slope adjustment factor for slopes exceeding 30%:
Allowable floor area shall be reduced by a constant 30%
- 0.3) = 0.7
63. Update Sections 19.40.060 (D), 19.40.060 (F) (1), 19.40.060 (H), and 19.40.060 (L) to clarify
objective language and update standards for ministerial approval of up to two units to
reflect changes to State law made through SB450:
and Third Patios Balconies
Page 52 of 61
4. Lots
developed
pursuant to
Government
Code Section
65852.21
F. Permitted Yard Encroachments
1. Extension of a
Legal Non-
Where a building legally constructed according to existing first floor
present required first floor setbacks, one encroaching side of the existing
structure may be extended along existing building lines.
b. Only one such extension shall be permitted for the life of the building.
c. Encroachments into a required yard which are the result of the granting
of a variance may not be further extended.
d. Further encroachment into a required setback is not allowed; i.e., 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.
f. Shall not apply to properties developed or created pursuant to
Government Code Section 65852.21 and 64411.7.
G. Accessory
Structures
(including
attached patio
covers)
b. Lots created and developed with two units pursuant to Government
Code Sections 64411.7 and 65852.21 may not develop an Accessory
Dwelling Unit or Junior Accessory Dwelling Unit.
-mounted
equirements of Chapter 10.48 of the
Page 53 of 61
Permitted within the second story
Shall have a minimum of four offset
shadow patterns which reduce the
f. Roof Overhangs
2. Colors -tone and
b. Reflectivity Value Shall not exceed 60 on a flat surface
All projects shall strive to attain, except that ministerially approved
pursuant to Government Code Section 65852.21 shall attain, the following
standards:
a. No more than 50% of the façade visible from the right of way shall
comprise the garage.
b. A two car garage face shall not exceed 24 feet in width and a one car
garage face shall not exceed 12 feet in width.
c. Garages visible from the right of way shall be setback a minimum of
two feet from the livable areas of the home except if only the garage
and/or the entrance to the home, and no other livable portions of the
home, are accessible from the street level.
d. Third car spaces shall be provided in tandem or shall be provided in a
detached accessory structure.
e. All garage doors shall be recessed a minimum of six (6) inches from
the surrounding building wall and shall include trim of at least one
and a half (1.5) inches in depth.
Page 54 of 61
f. Where the garage door faces the side yard, but the garage itself is
visible from the street, the garage shall incorporate a window on the
street front facade so that it appears to be a habitable portion of the
house. The window style must be the same as the windows on the
habitable dwelling unit(s).
g. Garage doors for no more than two car spaces shall be visible from
the public right of way.
5. Entry Features
All projects shall strive to attain, except that projects
shall attain, the following
standards:
a. Only one entry feature shall be permitted per structure and only one
entry feature shall be visible from the public street.
b. Duplexes shall have entrances to each unit on different building
frontages.
c. Entry features shall be limited to 14 feet in height from the natural
grade to the top of wall plate.
7. Basements Allowed, subject to the requirements outlined in Section 19.28.070 (I)
8. Detached
Structures
Architectural
Features
architectural interest, such as wall insets or offsets, planters, railings,
trellises, a combination of roofing elements (e.g. hip and gable roofs),
and roofing materials do not count as one of the features.
Gable and
Ends
• a wall offset with corbels, brackets or change in materials;
• louvered wood or metal vents;
• clay or terracotta tile vents;
• accent tile decoration;
• medallion decoration;
• metal grille;
• a change in architectural materials;
• incorporations of corbels;
• decorative gable pediments;
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• eyebrow trellises or pergola structurally attached to the building or
• windows/glazing.
Accent
Materials
terminate at the floor or ground, as applicable.
Open Space
Each unit must provide at least 15% of the unit floor area as private open
space on the first floor, with no dimension less than 10 feet.
recycling,
and other
containers
street, shall be provided in an interior yard, behind a fence.
b. This area shall not be concurrent with any emergency access pathway
required by the Fire Department.
L. Off-street
For lots developed pursuant to Government Code Section 65852.21, uU
any newly subdivided the lot, appropriate public right of
64. Update Section 19.40.090 to clarify objective language and update standards for ministerial
approval of up to two units to reflect changes to State law made through SB450:
Objective Zoning and Design Standards for Ministerially Approved Housing Development
Projects. In addition to any applicable objective zoning standards, objective subdivision
standards, and objective design review standards in the Municipal Code, a housing
development project approved pursuant to this Section must comply with all applicable
objective zoning and design standards to the maximum extent permissible under
Government Code Section 65852.21, including but not limited to the standards for
ministerial development projects in Section 19.40.050 and 19.40.060 and the following:
Not aA , subject to the requirements outlined in Section
19.28.070 (I).
Not aA , subject to the setback requirements outlined in
Section 19.40.060 (D).
a. See Section 19.40.060.
a. Windows and Doors shall either:
i. Have a minimum three-and-one half inch in width by
three-
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ii. Be inset a minimum of three inches from the exterior
finish of the structure. If recessed, the primary siding
material shall cover the recessed edge faces and wrap
toward the interior face of the window glazing or door
by not less than two-inch depth.
All garage doors shall be recessed a minimum of six (6) inches
from the surrounding building wall and shall include trim of
at least one and a half (1.5) inches in depth.
Roof overhangs or building eaves shall be a minimum of 12
inches in width.
Detached structures on a lot must use the same architectural
style and materials.
Where the garage faces the side yard, but is visible from the
street, the garage shall incorporate a window on the street
front facade so that it appears to be a habitable portion of the
the habitable dwelling unit(s).
Garage doors for no more than two car spaces shall be visible
from the public right of way.
The elevation facing a street shall incorporate at least four
architectural features, such as bay windows or an entry
feature, and/or elements of architectural interest, such as wall
insets or offsets, planters, railings, trellises, a combination of
roofing elements (e.g. hip and gable roofs), dormers, change
in architectural materials, quoins, accent tiles, or an accent
window inset greater than six inches. Windowsills, door or
window trim, and roofing materials do not count as one of the
features.
Gable ends and dutch gable ends taller than thirty inches
shall include at least one element of architectural interest
such as:
o a wall offset with corbels, brackets or change in materials;
o louvered wood or metal vents;
o clay or terracotta tile vents;
o accent tile decoration;
o medallion decoration;
o metal grille;
o a change in architectural materials;
o incorporations of corbels;
o decorative gable pediments;
o eyebrow trellises or pergola structurally attached to the
building or
o
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i. Stone veneer or accent materials used as a wainscot on a street
facing façade shall be wrapped around to the side façade and
end at a logical terminus, such as a fence line or a chimney.
j. Stone veneer or any other siding material wrapped on
columns shall terminate at the floor.
Each unit must provide at least 15% of the unit floor area as
private open space on the first floor, with no dimension less than
recycling,
the street, shall be provided in an interior yard behind a
fence.
This area shall not concurrent with any emergency access
pathway required by the Fire Department.
4. Setbacks
Detached structures: Detached structures located on the same
lot shall have a setback of five feet as measured between the
eaves of the two structures.
56. Parking
Units shall have at least one off
parking requirements shall not be imposed in either of the
following instances:
i. The parcel is located within one-half mile walking
distance of either a high-quality transit corridor, as
defined in Public Resources Code Section 21155(b) Code,
or of a major transit stop, as defined in Public Resources
Code Section 21064.3.
ii. There is a car-share vehicle located within one block of
the parcel.
Parking space(s) shall be provided in an enclosed garage
encompassing 10’ by 20’ space for each space, unobstructed
(i.e., by walls, appliances, etc.) between six inches from the
finished floor up to six feet from the finished floor.
When additional enclosed parking space(s) is/are provided, the
space(s) shall meet the requirements of Chapter 19.124.
Chapter 19.44
65. Update Section 19.44.020 (A) to correct reference:
A. The requirements of this chapter, unless waived or modified in accord with Section
19.44.0980, must be met with respect to all real properties intended to be developed as, or
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converted to, a single-family residential cluster development as described in this chapter,
including the conversion of existing apartment houses to condominiums.
Chapter 19.46
66. Edit Table 19.46.070 (G) to use correct spelling of sight:
Chapter 19.60
67. Update Section 19.60.050 to correct references:
A. Land Use Criteria. Unless otherwise provided by a conditional use permit, the following
regulations shall apply to all users governed by this chapter.
3. The activity must be conducted entirely within a building or enclosed patio or atrium
except for:
b. Vehicular parking including the parking of business related vehicles that comply
with the sign, off-street parking, and noise regulations;
c. Outdoor seating for restaurants in accordance with the requirements of Section
19.60.0430.
d. Special promotional events undertaken by permitted businesses;
e. The display of merchandise in front of stores must be displayed under a roof
overhang or canopy and must be displayed in an organized, neat, and safe
fashion, in accordance with the requirements of Section 19.60.0430.
Chapter 19.100
68. Update Section 19.100.030 (B) (1) (b) to clarify the applicability of the attached accessory
structure setbacks:
b. Attached accessory
buildings/structures
setbacks, height and lot coverage regulations applicable to
principal dwellings in the applicable zone, unless a separate
setback standard is provided in subsection (d) through (g)
below.
69. Update Section 19.100.030 (D) (2) (b) to make consistent use of the spelling of usable:
Sighte Triangle portions thereof.
e
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70. Add Section 19.100.030 (B) (2) (l) to update standards for accessory structures to reflect
changes to State law made through SB450:
l. Architectural
style
Chapter 19.102
71. Edit Section 19.102.020 (D) to clarify applicability of standards:
, apply only to the new
exterior glass windows, doors, or features
Chapter 19.104
72. Update Section 19.104.100 (L) to correct an internal reference:
L. Window Signs. Window signs subject to the limitations in Sections 19.104.150 and
19.104.2980. One "OPEN" sign not exceeding two square feet and of any material may be
placed in a window without penalty towards window coverage limitations;
73. Update Section 19.104.140 to clarify standards:
Businesses
.; or
Sign directed
- of-
rar ft of
-of-way more than
.
clearance of at least fifteen
, or parking area,
, or
CDD
Meets
Design
Criteria in
Section
19.104.220
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.; or
Single tenant
Office &
Businesses
.; or
Sign directed
- of-
CDD Same as
above
74. Update Section 19.104.150 (C) to correct an internal reference: 14.24.050
C. Logos,
Symbols, or
14.24.050
19.104.140
Same as
Sec.
19.104.140
-
Shall meet Design
Review Criteria in
Sec. 19.104.220 and
restrictions in Sec.
19.104.190
75. Edit Table 19.104.160 to use correct spelling of sight:
Page 61 of 61
Use/
Zoning Allowed Area &
Length
Location
Maximum
Height
Review Authority
signs: Area of
larger face of sign
= Total Sign Area
triangle or
ghte triangle.
Chapter 19.124
76. Update reference in Section 19.124.030 (I) to parking exception approval authority:
,
Special Parking Arrangements may be approved per Section 19.124.0650C.
77. Revise language in Section 19.124.040 to clarify intent and applicability of standard.
Requirements
five percent or
greater increase or decrease in floor area or a twenty-five percent or
greater change in floor area resulting from a use permit or
architectural and site approval within twelve months shall be required
to meet the following minimum landscape requirements. However,
the Planning Commission and/or City Council may recommend
additional landscaping.
Chapter 19.132
78. Update Section 19.132.050 to refer to Conditional Use Permit findings:
Written findings regarding the granting or denial of any conditional use permit subject to
this chapter shall be made by the Planning Commission in accordance with Chapter 19.156
and shall be based on substantial evidence in light of the entire administrative record.