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Municipal Code Amendment
Presentations
Planning Commission July 28, 2026
Municipal Code Amendment: Chapter
19.08 (Definitions)
John Cardenas
Special Counsel
Evaluation of Recent Housing Projects:Streamlined review of
mixed-use development highlighted a mismatch between
local municipal code and state standards.
"Floor Area":Staff historically relied on the local definition of
"floor area" (Section 19.08.030(F)) due to the lack of a
standalone "square footage" definition.
Risk:Continuing this substitution exposes the City to future
potential disputed interpretations regarding state-
streamlined applications.
Context & Need for Amendment
SB 35 Compliance (GCS §65913.4):Requires the City to verify
that at least two-thirds of a project's total "square footage" is
designated for residential use.
Zoning vs. Housing Law:Local "floor area" applies to parcel-
level Floor Area Ratios (FAR) and General Plan "development
allocations".
Preserving Local Protections:Altering the existing local "floor
area" definition to fit state ratios would impact Cupertino’s
environmental & zoning frameworks.
State Mandates vs. Local Frameworks
•Standalone Definition:aligned with state housing laws like
GCS §65913.4 and §65589.5.
•Subterranean Treatment:Consistent with Building Code by
excluding underground spaces.
•Mixed-Use Common Areas:Clarifies that shared elevators,
hallways, and lobbies are proportionally allocated.
•Effective Date:Applies only to new applications submitted
after ordinance effective.
New Definition –"Square Footage"
•Original Intent: Reference to “residential garage” in “floor
area” definition meant to apply to address massing of
buildings within lower-density neighborhoods.
•Existing: vague definition to include any enclosed building
for motor vehicles –includes structured residential parking.
•Proposed Clarifications:
•Clarify to single-level or detached structures serving small-
scale residential units.
•Exclude large parking structures with drive aisles and
maneuvering areas.
Revised Definition –"Garage, Residential"
•Existing: attic simply an unconditioned, uninhabitable area
between the ceiling and roof.
•Proposed Objective Criteria:To exclude from “floor area”
calculations, attic must be: unfinished, lack permanent
stairs from the floor below, feature no operable windows
•Enforcement:Any space failing these metrics must be
counted as both floor area and square footage to prevent
manipulation of volume metrics.
Revised Definition –"Attic"
•Not a Project:The ordinance does not constitute a "project"
under CEQA because it has no potential to cause a direct
or ultimate physical change to the environment.
•Alternatively exempt per CEQA Guidelines Section
15061(b)(3).
•Accessory structures like parking do not generate traffic on
their own; de minimis or zero impact.
Environmental Review (CEQA)
Aligns Cupertino Law:Brings local ordinances into absolute
consistency with evolving state housing legislation.
Protects the City:Eliminates administrative ambiguities and
lowers the risk of disputes and possible litigation.
Streamlines Process:Provides staff and builders clear,
objective rules for evaluating complex, multi-family, and
mixed-use programs.
Summary of Administrative Impacts
Adopt the Draft Resolution:Recommend that the City
Council adopt an ordinance amending Chapter 19.08
(Definitions).
Environmental Finding:Proposed code amendments are
exempt from the California Environmental Quality Act.
Recommended Action