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HomeMy WebLinkAboutPC 07-28-2026 Searchable PacketCITY OF CUPERTINO PLANNING COMMISSION AGENDA 10350 Torre Avenue, Council Chamber and via Teleconference Tuesday, July 28, 2026 6:45 PM IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION OPTIONS TO OBSERVE: Members of the public wishing to observe the meeting may do so in one of the following ways: 1) Attend in person at Cupertino Community Hall, 10350 Torre Avenue. 2) Tune to Comcast Channel 24 or Channel 26 and U-Verse Channel 99 on your TV. 3) Watch a live stream online at www.Cupertino.gov/youtube and www.Cupertino.gov/webcast 4) Attend in person at a remote Teleconference Location noticed pursuant to Gov. Code 54953(b)(2), which location, if noticed, would be stated on the cover page of this agenda. OPTIONS TO PARTICIPATE AND COMMENT: Members of the public wishing to address the Planning Commission may do so in the following ways: 1) Appear in person at Cupertino Community Hall: a. During “Oral Communications”, the public may comment on matters not on the agenda, and for agendized matters, the public may comment during the public comment period for each agendized item. b. Speakers are requested to complete a Speaker Card. While completion of Speaker Cards is voluntary and not required to attend the meeting or provide comments, it is helpful for the purposes of ensuring that all speakers are called upon. c. Speakers must wait to be called, then proceed to the lectern/podium and speak into the microphone when recognized by the Chair. d. Speakers are limited to three (3) minutes each. However, the Chair may reduce the speaking time depending on the number of people who wish to speak on an item. A speaker representing a group of 2 to 5 or more people who are present may have up to 2 minutes per group member, up to 10 minutes maximum. e. Please note that due to cyber security concerns, speakers are not allowed to connect any Page 1 1 PC 07-28-2026 1 of 20 Planning Commission Agenda July 28, 2026 personal devices at the lectern/podium. However, speakers that wish to share a document (e.g. presentations, photographs or other documents) during oral comments may do so in one of the following ways: i. At the overhead projector at the podium or ii. E-mail the document to planningcommission@cupertino.gov by 3:00 p.m. and staff will advance the slides/share the documents during your oral comment. 2) Written communications as follows: a. E-mail comments to planningcommission@cupertino.gov b. Regular mail or hand delivered addressed to the: Cupertino Planning Commission, City Hall, 10300 Torre Avenue, Cupertino, CA 95014 c. Comments addressed to the Planning Commission received by 5:00 p.m. on the day of the meeting will be included in written communications published and distributed before the beginning of the meeting. d. Comments addressed to the Planning Commission received after the 5:00 p.m. deadline, but through the end of the Planning Commission meeting, will be posted to the City’s website by the end of the following business day. 3) Teleconference in one of the following ways: a. Online via Zoom on an electronic device (Audio and Video): Speakers must register in advance by clicking on the link below to access the meeting: https://cityofcupertino.zoom.us/webinar/register/WN_OyzAByGnRoqSlQs8inWxLA i. Registrants will receive a confirmation email containing information about joining the webinar. ii. Speakers will be recognized by the name they use for registration. Once recognized, speakers must click ‘unmute’ when prompted to speak. iii. Please read the following instructions about technical compatibility carefully: One can directly download the teleconference (Zoom) software or connect to the meeting in their internet browser. If a browser is used, make sure the most current and up-to-date browser, such as the following, is used: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers, including Internet Explorer. b. By Phone (Audio only): No registration is required in advance and speakers may join the meeting as follows: i. Dial 669-900-6833 and enter WEBINAR ID: 863 5090 9674 ii. To “raise hand” to speak: Dial *9; When asked to unmute: Dial *6 iii. Speakers will be recognized to speak by the last four digits of their phone number. c. Online via the teleconferencing device (Audio and Video) being used to provide access Page 2 2 PC 07-28-2026 2 of 20 Planning Commission Agenda July 28, 2026 to the meeting from a remote Teleconference Location noticed pursuant to Gov. Code 54953(b)(2), which location, if noticed, would be stated on the cover page of this agenda. i. Speakers are required to notify the City Clerk via email to cityclerk@cupertino.gov prior to noon on the date of the meeting during which they plan to participate and comment from the remote location noticed to ensure the City Clerk is prepared to accept their comment. ii. If the teleconferencing device malfunctions impeding access to the meeting from the remote location, the speaker may alternatively participate via the other options for remote participation provided above. PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES 1.Subject: Approval of the July 14, 2026 Planning Commission Minutes. Recommended Action: Approve the July 14, 2026 Planning Commission Minutes. 1 - Draft Minutes POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Commission on any matter within the jurisdiction of the Commission and not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the Commission from making any decisions with respect to a matter not on the agenda. PUBLIC HEARINGS 2.Subject: Municipal Code Amendment to Chapter 19.08 (Definitions) to revise definitions of “attic” and “garages” and establish a new definition of “square footage” to align with state law, and associated Environmental Review. (Applicant: City of Cupertino; Location: City-wide) Recommended Action: That the Planning Commission adopt the draft resolution (Attachment 1) recommending that the City Council adopt an ordinance to: 1. Amend Chapter 19.08, Definitions; and 2. Find that the proposed actions are exempt from the California Environmental Quality Act (CEQA) and CEQA Guidelines. Staff Report 1 - Draft Resolution OLD BUSINESS - None Page 3 3 PC 07-28-2026 3 of 20 Planning Commission Agenda July 28, 2026 NEW BUSINESS - None STAFF AND COMMISSION REPORTS FUTURE AGENDA SETTING 3.Subject: Upcoming Draft Agenda Items 1 - Upcoming Draft Agenda Items ADJOURNMENT In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request in advance by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Any writings or documents provided to a majority of the members after publication of the agenda will be made available for public inspection. Please contact the City Clerk’s Office in City Hall located at 10300 Torre Avenue, Cupertino, California 95014, during normal business hours. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section 2.08.100 written communications sent to the City Council, Commissioners or staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City website and kept in packet archives. Do not include any personal or private information in written communications to the City that you do not wish to make public, as written communications are considered public records and will be made publicly available on the City website. Page 4 4 PC 07-28-2026 4 of 20 CITY OF CUPERTINO Agenda Item Subject: Approval of the July 14, 2026 Planning Commission Minutes. Approve the July 14, 2026 Planning Commission Minutes. CITY OF CUPERTINO Printed on 7/23/2026Page 1 of 1 5 PC 07-28-2026 5 of 20 DRAFT MINUTES CUPERTINO PLANNING COMMISSION Tuesday, July 14, 2026 At 6:45 p.m. Chair Tracy Kosolcharoen called the regular Planning Commission meeting to order and led the Pledge of Allegiance in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue and via teleconference. ROLL CALL Present: Chair Tracy Kosolcharoen, Vice Chair Steven Scharf and Commissioners David Fung, Seema Lindskog and Santosh Rao. Absent: None. Chair Kosolcharoen moved Staff and Commission Reports and Future Agenda Setting after Agenda Item No. 2 and before Item No. 3. APPROVAL OF MINUTES 1. Subject: Approval of the June 23, 2026 Planning Commission Minutes. Recommended Action: Approve the June 23, 2026 Planning Commission Minutes. MOTION: Rao moved and Scharf seconded to approve the June 23, 2026, Planning Commission Minutes. The motion carried with the following vote: Ayes: Kosolcharoen, Scharf, Fung, Lindskog, Rao. Noes: None. Abstain: None. Absent: None. POSTPONEMENTS – None ORAL COMMUNICATIONS – None OLD BUSINESS – None STUDY SESSION 2. Subject: Study session on Permit Streamlining and Simplification for Small Home Upgrades City Work Program item. Recommended Action: Review the outreach survey findings, discuss ongoing permit streamlining efforts, and provide input on priorities and potential next steps. 6 PC 07-28-2026 6 of 20 Planning Commission Minutes July 14, 2026 Written communications for the item included a staff presentation. Assistant Director of Community Development Luke Connolly introduced Assistant Planner Julia Garofalo, Building Official Sean Hatch, and Deputy Building Official Phuong Devries. Assistant Planner Julia Garofalo gave a presentation. Commissioners asked questions which staff responded to. Chair Kosolcharoen opened the public comment period and, seeing no one, closed the public comment period. Commissioners made the following comments: • Continue to improve documentation and clarify processes to ensure uniformity in information shared and review. • Provide a clear list of what qualifies as small home upgrades and what does not, including the current permitting process by type (online, manual, or automated), any proposed or completed automation, and the types of permits required. • Determine whether there are patterns in the types of issues being missed and use that information to develop a checklist. • Address issues related to the permit application process, including inconsistent submission methods (online portal versus email), review times compared with other cities (particularly for heat pump and water heater permits), and identify opportunities to increase automation throughout the permitting process. • Review available data, including data in Accela, to determine where the Building process is causing delays. • Identify trends in missing application documents to improve checklists, including one checklist for requirements across all departments and divisions. • Improve the Building Permit website's design while providing more information and clearer guidance for users. • Review available data on turnaround times for different permit types to identify opportunities for streamlining. • Utilize AI to create surveys for applicants and residents. • Benchmark the experience and performance of consultant staff versus in-house staff to evaluate whether critical functions should be performed by in-house staff. • Determine whether the permitting process discourages homeowners from applying for permits due to its complexity, cost, or perceived difficulty. 7 PC 07-28-2026 7 of 20 Planning Commission Minutes July 14, 2026 • Determine whether residents are unaware of permit requirements and consider citywide outreach, including email, yard signs (similar to Active Transportation Plan outreach), social media, and a banner across Stevens Creek Boulevard, to improve awareness. • Consider removing permit numbers from the feedback process to allow anonymous feedback. • Consider whether the permitting portal should be replaced and how the current system affects staff's ability to perform their work and serve the public. STAFF AND COMMISSION REPORTS As noted under Roll Call at the start of the meeting, this item was reordered to be heard after Item No. 2. Planning Manager Piu Ghosh reported on upcoming planning projects and priorities. Commissioner Rao reported on resident feedback regarding scope expansion in building projects. FUTURE AGENDA SETTING As noted under Roll Call at the start of the meeting, this item was reordered to be heard prior to Item No. 3. Commissioners made comments. The Commission unanimously consented to reopen Item No. 2 as Commissioner Rao requested to add an additional motion to the item. Commissioner Rao withdrew the motion. The Commission continued with Future Agenda Setting. Commissioners added the following future agenda items. • Form a subcommittee to conduct a study session with applicants to better understand their pain points to identify improvements to permit streamlining and simplification for small home upgrades based on the study session. (Rao, Kosolcharoen) At 8:10 p.m., Chair Kosolcharoen recessed the meeting. The meeting reconvened at 8:16 p.m. with all Commissioners present. 8 PC 07-28-2026 8 of 20 Planning Commission Minutes July 14, 2026 NEW BUSINESS 3. Subject: Review of the Draft Active Transportation Plan and Provide a Recommendation to the City Council. Recommended Action: That the Planning Commission adopt the Draft Resolution recommending that the City Council adopt the Active Transportation Plan. Written communications for the item included a staff presentation. Senior Transportation Planner Matt Schroeder gave a presentation. Commissioners asked questions, and staff, including Transportation Manager David Stillman, responded. Chair Kosolcharoen opened the public comment period and the following people spoke: • Jennifer Griffin Chair Kosolcharoen closed the public comment period. MOTION: Kosolcharoen moved and Rao seconded that the Planning Commission adopt the Draft Resolution recommending that the City Council adopt the Active Transportation Plan, but with the additional note that City Council reevaluate projects that might impact evacuation risk in very high fire hazard zones. (The Commission did not vote on this motion). FRIENDLY AMENDMENT: Rao made a friendly amendment to the motion to consider smaller motions rather than make the adoption as its own motion so they can deal with the individual changes that the Commission would like to see by omitting the “adopt the project” part in order to approach it piece by piece. (Kosolcharoen accepted this friendly amendment) (The Commission did not vote on this motion). MOTION: Kosolcharoen moved and Lindskog seconded that City Council consider an addendum weighting that considers the impact on evacuation risk of any project. (The Commission did not vote on this motion). SUBSTITUTE MOTION: Rao moved to exclude from the project the proposed separated bike lanes on streets identified as potentially losing parking. (There was no second, and the motion was not considered). MOTION: Kosolcharoen moved and Lindskog seconded to add a modification to the Active Transportation Plan that factors in the impact of evacuation risk in very high fire hazard zones. The motion carried with the following vote: Ayes: Kosolcharoen, Scharf, Fung, Lindskog, 9 PC 07-28-2026 9 of 20 Planning Commission Minutes July 14, 2026 Rao. Noes: None. Abstain: None. Absent: None. MOTION: Rao moved and Kosolcharoen seconded to recommend that City Council exclude from the report any recommended projects that impact street parking, cause lane reduction, or involve separated bike lanes. The motion failed with the following vote: Ayes: Kosolcharoen, Rao. Noes: Scharf, Fung, Lindskog. Abstain: None. Absent: None. MOTION: Rao moved and Kosolcharoen seconded to recommend that City Council exclude the projects that would potentially impact parking on Blaney, Miller, Bollinger and Stelling from the report. The motion failed with the following vote: Ayes: Kosolcharoen, Rao. Noes: Scharf, Fung, Lindskog. Abstain: None. Absent: None. MOTION: Lindskog moved and Scharf seconded that the Planning Commission adopt the draft resolution recommending that the City Council adopt the Active Transportation Plan as recommended by staff. The motion carried with the following vote: Ayes: Kosolcharoen, Scharf, Fung, Lindskog. Noes: Rao. Abstain: None. Absent: None. SUBSTITUTE MOTION: Rao moved to recommend they exclude the proposed bike lane project around Finch Avenue and the related streets around Cupertino High. (There was no second, and the motion was not considered). ADJOURNMENT At 9:38 p.m. Chair Kosolcharoen adjourned the regular Planning Commission Meeting. Minutes prepared by: Lindsay Nelson, Administrative Assistant 10 PC 07-28-2026 10 of 20 CITY OF CUPERTINO Agenda Item Subject: Municipal Code Amendment to Chapter 19.08 (Definitions) to revise definitions of “attic” and “garages” and establish a new definition of “square footage” to align with state law, and associated Environmental Review. (Applicant: City of Cupertino; Location: City-wide) That the Planning Commission adopt the draft resolution (Attachment 1) recommending that the City Council adopt an ordinance to: 1. Amend Chapter 19.08, Definitions; and 2. Find that the proposed actions are exempt from the California Environmental Quality Act (CEQA) and CEQA Guidelines. CITY OF CUPERTINO Printed on 7/23/2026Page 1 of 1 11 PC 07-28-2026 11 of 20 CITY ATTORNEY’S OFFICE CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3403 CUPERTINO.GOV PLANNING COMMISSION STAFF REPORT Date: July 28, 2026 Subject Municipal Code Amendment to Chapter 19.08 (Definitions) to revise definitions of “attic” and “garages” and establish a new definition of “square footage” to align with state law, and associated Environmental Review. (Applicant: City of Cupertino; Location: City- wide) Recommended Action That the Planning Commission adopt the draft resolution (Attachment 1) recommending that the City Council adopt an ordinance to: 1. Amend Chapter 19.08, Definitions; and 2. Find that the proposed actions are exempt from the California Environmental Quality Act (CEQA) and CEQA Guidelines. Discussion Background The City’s evaluation of recent housing developments under state law, required calculations for residential to office space ratios, which highlighted a gap between the City’s Municipal Code and state law. Under the streamlined ministerial approval process of California Government Code Section (GCS) 65913.4 (Senate Bill 35), the City is required to verify that at least two-thirds of the project's total "square footage" is designated for residential use. However, because the Municipal Code lacks a formal, standalone definition for "square footage," staff has historically relied on the existing code definition for "floor area" in its Municipal Code Section 19.08.030(F) for this calculation. While substituting "floor area" for “square footage” served as a functional way forward in previous project evaluations, it exposed areas of the Municipal Code where further clarification would provide greater certainty thereby avoiding potentially costly and time consuming litigation to decide the result. State housing laws and local development standards calculate and use spatial metrics differently. The reliance on a "floor area" framework, designed for standard local zoning rather than state-mandated ministerial 12 PC 07-28-2026 12 of 20 pathways, particularly for multi-family and mixed-use developments, underscores the need for a distinct definition of "square footage" for future state-streamlined applications. To prevent future interpretation conflicts and ensure code consistency, the City Attorney recommends adding a clear definition for "square footage" and updating definitions of "attic" and "garage, residential." Modifying these secondary definitions ensures that unconditioned or auxiliary residential zones, such as low-clearance attic spaces and specialized residential parking structures, are explicitly accounted for or exempted correctly depending on the specific calculation metric applied. These revisions leave unchanged the applicability of the definition to the type of residential housing (e.g., single family, townhome, duplex). Codifying these revisions will align Cupertino’s local ordinances with evolving state housing legislations, streamline the review of complex development programs, and protect the City from future administrative ambiguities. Analysis The primary reason for adopting a standalone definition of "square footage" is to align local regulations with state housing laws like GCS 65913.4 and 65589.5 without disrupting local planning metrics. Currently, Cupertino’s local definition of "floor area" is designed to regulate floor area ratios (FAR) and "development allocations" for commercial, office, and hotel spaces. Development allocation is a system built into the City’s General Plan which establishes a citywide floor area for non-residential development rather than a parcel level FAR. A project is granted development allocation, if analysis determines that environmental impacts, particularly transportation impacts, are adequately addressed. Environmental impacts of development are not impacted by accessory facilities such as structured or surface parking – since these facilities by themselves do not generate traffic. Therefore, accessory parking facilities were not intended to be included within these metrics and modifying the existing local "floor area" definition to accommodate state streamlining ratios would compromise the City's long- standing environmental and zoning frameworks. A specific definition of "square footage" resolves ambiguities regarding the treatment of mixed-use spaces and aboveground parking structures. State law, including the Building Code, requires that square footage calculations cannot include underground spaces, but it remains permissive regarding aboveground parking facilities. The proposed definition complies with the requirements of state law. The proposed definition additionally clearly establishes how areas like shared elevators, hallways, and lobbies are proportionally allocated based on the ratio of exclusively residential to non-residential spaces to dispel any ambiguity. Note that this change would apply only to new applications after its effective date. Amending the definition of a "residential garage" is necessary to correctly distinguish the intended application of this definition. The original intent of including residential garages in floor area calculations was to ensure that development within lower density 13 PC 07-28-2026 13 of 20 neighborhoods would be limited in size and mass. However, because the existing code vaguely defines a garage as any enclosed building storing motor vehicles, residential structured parking facilities (garages) were technically "included" in the project's floor area, while it excluded any non-residential structured parking facilities – which was not the intent of the definition. The revised definition explicitly narrows a residential garage to single level or detached structures serving small-scale residential units, and excluding parking structures with drive aisles and maneuvering areas from the standard floor area calculation – aligning with the original intent of the municipal code. Finally, refining the definition of an "attic" provides objective physical parameters to prevent using unconditioned spaces to manipulate floor area metrics. The current definition simply identifies an attic as an unconditioned and uninhabitable area between the ceiling and the roof. The proposed update adds enforceable criteria: an attic must be unfinished, lack permanent stairs from the floor below, and feature no operable windows. If an upper-level space fails to meet these parameters, it cannot be categorized as an exempt attic and must instead be fully counted as both floor area and square footage, ensuring accurate building volume calculations. California Environmental Quality Act This Ordinance is not a project under the requirements of the California Quality Act of 1970, together with related State CEQA Guidelines (collectively, “CEQA”) because it has no potential for resulting in physical change in the environment, either directly or ultimately. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment. CEQA applies only to projects which have the potential of causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the amendments to the City Code would have no or only a de minimis impact on the environment. The foregoing determination is made by the City Council in its independent judgment. _____________________________________ Prepared by: John Cardenas, Special Counsel Reviewed by: Floy Andrews, Interim City Attorney Piu Ghosh, Planning Manager Approved for Submission by: Luke Connolly, Acting Director of Community Development Attachments: 1 – Draft Resolution 14 PC 07-28-2026 14 of 20 RESOLUTION NO. 2026-XXX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 19.08 (DEFINITIONS) The Planning Commission recommends that the City Council: 1. Determine that Project is exempt under the requirements of the California Quality Act of 1970, together with related State CEQA Guidelines (collectively, “CEQA”) because it has no potential for resulting in physical change in the environment, either directly or ultimately. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment. CEQA applies only to projects which have the potential of causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the amendments to the City Code would have no or only a de minimis impact on the environment. The foregoing determination is made by the City Council in its independent judgment. 2. Adopt the proposed amendments to the Municipal Code as indicated in Exhibit A. PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of Cupertino this 28th day of July 2026, by the following roll call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: Piu Ghosh Tracy Kosolcharoen Planning Manager Chair, Planning Commission 15 PC 07-28-2026 15 of 20 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO TO AMEND MUNICIPAL CODE CHAPTER 19.08 (DEFINITIONS) The City Council of the City of Cupertino finds that: 1. The City Council of the City of Cupertino held a duly noticed public hearing on September __, 2026, and after considering all testimony and written materials provided in connection with that hearing introduced this ordinance and waived the reading thereof. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS: SECTION 1. Adoption. The Cupertino Municipal Code is further amended as set forth in Attachment A. SECTION 2: Severability and Continuity. The City Council declares that each section, sub‐section, paragraph, sub‐paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub‐section, paragraph, sub‐paragraph, sentence, clause and phrase of this ordinance. If any section, sub‐section, paragraph, sub‐paragraph, sentence, clause or phrase of this ordinance is held invalid, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of such portion, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Cupertino Municipal Code, these provisions shall be construed as continuations of those provisions and not as an amendment to or readoption of the earlier provisions. SECTION 3: Effective Date. This Ordinance shall take effect thirty days after adoption as provided by Government Code Section 36937. 16 PC 07-28-2026 16 of 20 SECTION 4: Publication. The City Clerk shall give notice of adoption of this Ordinance as required by law. Pursuant to Government Code Section 36933, a summary of this Ordinance may be prepared by the City Clerk and published in lieu of publication of the entire text. The City Clerk shall post in the office of the City Clerk a certified copy of the full text of the Ordinance listing the names of the City Council members voting for and against the ordinance. INTRODUCED at a regular meeting of the Cupertino City Council on September __ and ENACTED at a regular meeting of the Cupertino City Council on September __, 2026 by the following vote: Members of the City Council AYES: NOES: ABSENT: ABSTAIN SIGNED: Kitty Moore, Mayor City of Cupertino Date ATTEST: Lauren Sapudar, City Clerk Date APPROVED AS TO FORM: Floy Andrews, City Attorney Date 17 PC 07-28-2026 17 of 20 Ordinance No. Page ATTACHMENT A ‐ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO TO AMEND MUNICIPAL CODE CHAPTER 19.08 (DEFINITIONS) 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 in 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. 1. Amendments to Title 19 concerning Land Use 19.08.030 Definitions. "Attic" means an area between the ceiling and roof of a structure, which is unconditioned (not heated or cooled) and uninhabitable of any story and roof of a structure that does not have operable windows or permanent stairs from the floor below, and is unfinished, unconditioned (not heated or cooled), and not habitable. "Garage, Residential" means an accessory building (completely enclosed) or an attached building used primarily for the storage of motor vehicles a completely enclosed space for the storage of motor vehicles that serves a single -family home, townhome, duplex, triplex, or residential unit. A residential garage shall be located on a single floor within the primary structure or a detached accessory structure. “Garage, residential” does not include any structured parking facilities or facilities which incorporate drive aisles, and/or turning or maneuvering area for motor vehicles. “Square footage,” for the purpose of applicability of state law to a development project, means the total area measured from the exterior surface of the exterior walls of all primary and accessory structures. Each floor of a structure shall be included. Ar eas that are not enclosed by walls must be included if they fall within the horizontal projection of both the roof above and the floor below. Square footage excludes attics and all underground spaces, including underground parking facilities. In a mixed-use development, square footage shall be attributed to residential or non-residential use based on a detailed description of each area’s specific function. Areas accessible to both residential and non-residential uses (such as shared elevators, hallways, or lobbies) shall be allocated proportionally based on the ratio of exclusively residential to exclusively non-residential square footage within the development. 18 PC 07-28-2026 18 of 20 CITY OF CUPERTINO Agenda Item Subject: Upcoming Draft Agenda Items CITY OF CUPERTINO Printed on 7/23/2026Page 1 of 1 19 PC 07-28-2026 19 of 20 PLANNING COMMISSION UPCOMING DRAFT AGENDA ITEMS July 28, 2026 • Form a subcommittee to conduct a study session with applicants to better understand their pain points to identify improvements to permit streamlining and simplification for small home upgrades based on the study session. (Rao, Kosolcharoen) August 11, 2026 - Meeting canceled (recess) August 25, 2026 - Meeting canceled (recess) Subject to Change. Chair and Staff Liaison coordinate on Commission agendas. 20 PC 07-28-2026 20 of 20