CC Ordinance No. 1901Proposed text is underlined Deleted text appears in strike-through.
ORDINANCE NO. 1901
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 19.84, SECOND DWELLING UNITS IN R-l, RHS, A AND A-1
ZONES, OF THE CUPERTINO MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS
FOLLOWS:
Chapter 19.84 of the Municipal Code of Cupertino is hereby amended to read as follows:
19.84.020 Applicability of regulations.
Notwithstanding any provision of this title to the contrary, a second dwelling unit is permitted on
lots in R-1, RHS, A and A-1 zoning districts, provided that in addition to complying with the site
development regulations specified in those districts for dwelling units, such second dwelling unit
complies with the regulations contained in this chapter and Chapter 19.80, Accessory
~_u_i.l_ding/Structures.
19.84.030 Site development regulations.
A) A second dwelling unit located on a lot containing less than ten thousand square feet must be
attached to the principal dwelling and integrated therewith except on A and A ! zc, n:mg
~ in any residential zoning district, if the second dwelling unit meets the Architectural
review criteria described in section 19.84.060.
B) All second dwelling units shall have direct outside access without going through the principal
dwelling.
C) All accesses to secondary units shall be screened from a public street.
D) The gross building area of a second dwelling unit shall not exceed..,.~:" .~......~..~"-~'~,4 .,..¥c~'~ ......... ~.~
feet the following square footage of living space, exclusive of decks and garages.'
1) On lots of 10,000 square feet or greater, the second dwelling unit shall not exceed 800
_square feet.
2) On lots less than 10,000 square feet, the second dwelling unit shall not exceed 640 square
F-) ..b.?.,l A second dwelling unit may be located on a second story, provided that:
1) It is attached to the primary residence; and
2) [._n_Lry to the second dwelling unit is not provided by an exterior staircase; and
Ordinance No. 1901
2
3) In the opinion of the Director of Community Development, the second unit does not
re_s.3flt in privacy intrusion to adjoining dwellings.
19.84.040 Off-Street Parking.
If the principal dwelling unit has less than the minimum off-street parking spaces for the
applicable residential zoning district in which it is located, as described in Chapter 19.100,
Parkj. gg_Regulations then one additional off-street parking space shall be provided.
19.84.070 Nonconforming and illegal second dwelling units.
A) A second dwelling which was constructed prior to the enactment by the City of any
ordinance which regulates second dwellings in R-l, RHS, A or A-1 zoning districts but
which was constructed in conformance with applicable site development and building code
regulations in effect at the time of construction is governed by the provisions of Chapter
19.108, Nonconforming Uses and Facilities.
B) Illegal Second Units. A second dwelling, which was constructed without a building permit or
in conflict with the applicable site development or building regulations at the time of
construction~ may only be permitted upon the owner of such a unit obtaining approval of the
Design Review Committee, based upon the Architectural review criteria stated in section
19.84.060. ~
INTRODUCED at a regular adjoumed meeting of the City Council of the City of
Cupertino this 16th day of September, 2002, and ENACTED at a regular meeting of the City
Council of the City of Cupertino this 7th day of October 2002, by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAIN
Members of the City Council
Lowenthal, Chang, James, Kwok, Sandoval
None
None
None
ATTEST:
City Clerk
APPROVED:
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, KIMBERLY SMITH, City Clerk and ex-officio Clerk of the City
Council of the City of Cupertino, California, do hereby certify the attached
to be a true and correct copy of Ordinance No. 1903 which was enacted on
October 7, 2002 and that it has been published or posted pursuant to law
(G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
9th day of October 2002.
KIMBERLY SlXf[Iff~, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California
ordinance certificate