E - Planning Commision Resolution.doc
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6825
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING TITLE 19, ZONING, OF
THE CUPERTINO MUNICIPAL CODE CHAPTER 19.12 (ADMINSTRATION), CHAPTER 19.20 (PERMITTED, CONDITIONAL AND EXCLUDED USES IN AGRICULTURAL AND RESIDENTIAL ZONES, AND CHAPTER 19.28 (SINGLE-FAMILY
RESIDENTIAL (R-1) ZONES), TO CREATE A SINGLE-STORY OVERLAY DISTRICT PROCESS
The Planning Commission recommends the City Council:
Find that the Ordinance that proposed Ordinance is not a project within the meaning of section 15378 of the California Environmental Quality Act (“CEQA”) Guidelines because it has no
potential for resulting in physical change in the environment, either directly or ultimately; and further find that 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;
and
Adopt the proposed Ordinance, with an amendment to consider requiring a minimum and/or a maximum number of properties within a proposed single-story overlay district, in substantially
the form as shown in Exhibit “A” attached hereto and entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING TITLE 19, ZONING, OF THE CUPERTINO MUNICIPAL CODE CHAPTER 19.12 (ADMINSTRATION), CHAPTER 19.20 (PERMITTED, CONDITIONAL
AND EXCLUDED USES IN AGRICULTURAL AND RESIDENTIAL ZONES, AND CHAPTER 19.28 (SINGLE-FAMILY RESIDENTIAL (R-1) ZONES), TO CREATE A SINGLE-STORY OVERLAY DISTRICT PROCESS”
PASSED AND ADOPTED this 14th day of March 2017, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Vice Chair Paulsen, Takahashi, Liu, Fung
NOES: COMMISSIONERS: Chair Sun
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
/s/Benjamin Fu /s/Don Sun
Benjamin Fu Don Sun
Assistant Community Development Director Chair, Planning Commission
EXHIBIT “A”
Draft Ordinance No. 17-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING TITLE 19, ZONING, OF THE CUPERTINO MUNICIPAL CODE AND CHAPTER 19.12 (ADMINSTRATION), CHAPTER 19.20 (PERMITTED, CONDITIONAL
AND EXCLUDED USES IN AGRICULTURAL AND RESIDENTIAL ZONES, AND CHAPTER 19.28 (SINGLE-FAMILY RESIDENTIAL (R-1) ZONES),
TO CREATE A SINGLE-STORY OVERLAY DISTRICT PROCESS
WHEREAS, on August 2, 2016, the City Council directed Staff to develop a process to allow applicants to submit applications for initiating Single-Story Overlay Districts;
WHEREAS, a community meeting was held on December 7, 2016 to allow the public an opportunity to review the draft regulations;
WHEREAS, the necessary public notices have been given as required by the procedural ordinances of the City of Cupertino and the Government Code, and the Planning Commission held public
hearings on March 14, 2017 to consider the project; and
WHEREAS, with Resolution No. XXXX the Planning Commission has recommended on a X-X vote that the amendments to the Municipal Code be granted; and
WHEREAS, on April 18, 2017, upon due notice, the City Council has held at least one public hearing to consider these amendments to the Municipal Code be granted; and
WHEREAS, this Ordinance is determined to be not a project under the requirements of the California Quality Act of 1970, together with related State CEQA Guidelines (collectively, “CEQA”)
in that proposed Ordinance is not a project within the meaning of section 15378 of the California Environmental Quality Act (“CEQA”) Guidelines 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.
WHEREAS, the City Council is the decision-making body for this Ordinance; and
WHEREAS, the City Council before taking action on this Ordinance has reviewed the not a project determination and exemption, and using its independent judgment, determines the Ordinance
to be not a project or exempt from CEQA as stated above;
NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 19.12.030, of Chapter 19.12 of Title 19 of the Cupertino Municipal Code is hereby amended to read as
follows:
19.12.030 Approval Authority
Table 19.12.030 shows the approval authority, Noticing Radius, Expiration Date and Extension Dates for different types of Permits.
Design Public Hearing/ Noticing/ Posted
Type of Permit or Decision AdministrativPlanning City Expiration Chapter/
Review Public Meeting/ Noticing Radius Site
A, B E
e Review Commission Council Date Findings
C D
Committee Comment Period Notice
General Plan Amendment
CA. Govt.
F
Major- - R F PH Yes -
CA. Govt. Code
Code
65350-65362
G
Minor
- - R F PH Yes -
65350-65362
Zoning Map Amendments
F
Major - - R F PH Yes -
G
Minor - - R F PH CA. Govt. Code Yes -
19.152.020
65853 - 65856
Single Story Overlay
- - R F PH Yes -
District
CA. Govt. Code
Zoning Text Amendments - - R F PH - - 19.152.030
65853 - 65856
CA. Govt. Code
Specific Plans - - R F PH - - 20.04.030
65350-65362
CA. Govt. Code
Development Agreements - - R F PH Yes - 19.144.120
65867
Development Permits
F, H1
Major - - F/R A/FPM Yes 2 years
19.12.110/ 300’ 19.156.050
G 12
MinorF - A A PM Yes 2 years
Conditional Use Permits
F, H, I 112
Major F - A/F/R A/A/FPH Yes 2 years
CA. Govt. Code
19.156.050
G, I 112
65905
MinorF - A/F/R A/A/FPH Yes 2 years
4
Design Public Hearing/ Noticing/ Posted
Type of Permit or Decision AdministrativPlanning City Expiration Chapter/
Review Public Meeting/ Noticing Radius Site
A, B E
e Review Commission Council Date Findings
C D
Committee Comment Period Notice
None
12
Temporary F - A A - None No 1 year
19.160.030
Density Bonus (Residential) - R F Based on concurrent application 19.52
Adult-Oriented Commercial CA. Govt. Code 19.128.030&
- - R F PH Yes 2 years
Activity (CUP) 65905/ 300’ 19.128.040
Architectural and Site Approval
J12
Major F - A A PM Yes 2 years
19.12.110/
19.168.030
K12
Adjacent
Minor F - A A PM Yes 2 years
Amendment
F, H1
Major - - F A PM/PH Yes 2 years 19.44,
19.12.110/ 300’ 19.156,
G
12
Minor
F - A A PM/PH Yes 2 years
19.164
12
Minor Modification F - A A - None No 2 years 19.164
Hillside Exception/ Height 19.40.080,
1
Exception / Heart of the - - F A PH 19.12.110/ 300’ Yes 2 years 19.24.070,
I
City Exception 19.136.090
CA. Govt. Code
12
Variance F - A A PH Yes 2 years 19.156.060
65905
Status of non-conforming 19.12.110/
1
- - F A PH Yes - 19.140.110
Use 300’
Depends on
I12I
Wireless Antennas F - F/ A A Varies Yes 2 years 19.136.090
application type
Signs
12
Permits F - A A - None No 1 year 19.104
Neon, Reader board & 19.12.110/
1 L
A
- F F PM No 1 year 19.104
I
Freeway Oriented Signs 300’
12
Programs F - A A - None No 1 year 19.104
I 1 L
Exceptions - F - A PM 19.12.110/ Yes 1 year 19.104.290
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Design Public Hearing/ Noticing/ Posted
Type of Permit or Decision AdministrativPlanning City Expiration Chapter/
Review Public Meeting/ Noticing Radius Site
A, B E
e Review Commission Council Date Findings
C D
Committee Comment Period Notice
Adjacent
19.12.110/
I 1 L2M
1
Parking Exceptions A /A Varies
F F A Yes 1 year 19.124.050
N
Adjacent/ 300’
19.12.110/
1 L
Fence Exceptions - F - A PM Yes 1 year 19.48.060
Adjacent
19.12.110/
12
Front Yard Interpretation F - A A PM Yes 1 year 19.08
Adjacent
R1 Ordinance Permits
I11 L2I
Two-story F F F/A A /A Varies Yes 1 year
19.12.110/
12
Minor Residential F - A A CP No 1 year 19.28.140
Adjacent
I1 L
Exceptions - F - A PM Yes 1 year
Protected Trees
Adjacent/
Depending on
12
Tree Removal F - A A CP Yes 1 year 14.18.180
type of
application
Heritage Tree
1
- - F A PM 19.12.110/ 300’ Yes - 14.18
Designation & Removal
12
Tree Management Plan F - A A - None No - 14.18
12
Retroactive Tree Removal F - A A - None No - 14.18
Reasonable
12
F - A A - None No 1 year 19.52.050
Accommodation
O
Extensions
Parking, Fence & Sign
12
Exceptions & Front Yard F - A A - None No 1 year
Interpretations
Neon, Reader board &
12
F A A - None No 1 year
Freeway Oriented Signs
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Design Public Hearing/ Noticing/ Posted
Type of Permit or Decision AdministrativPlanning City Expiration Chapter/
Review Public Meeting/ Noticing Radius Site
A, B E
e Review Commission Council Date Findings
C D
Committee Comment Period Notice
Two Story Permits,
12
Minor Residential F - A A - None No 1 year
Permits and Exceptions
12
Tree Removals F - A A - - No 1 year
12
All other projectsF - A A - 19.12.110/ None No 2 years
Key:
1
R—Review and recommendation body F — Final decision-making body unless appealed A—Appeal Body on first appeal
2
A— Appeal body on second appeal PH – Public Hearing PM – Public Meeting
CP – Comment Period
Notes:
A. Permits can be processed concurrently with other applications, at the discretion of the Director of Community Development.
B. Projects with combined applications shall be processed at the highest level of approval in conformance with Section 19.04.090.
C. Public Hearing: Projects types that need noticing pursuant to the CA Government Code; Public Meeting: Project types that need
only a mailed notice and no newspaper notices; Comment Period: Project types that need only a mailed notice and do not need a
public hearing or public meeting.
D. Noticing Radius of an application in a combined application shall correspond to the maximum noticing radius required for any
one of the applications.
E. Expiration date of an application in a combined application shall correspond to the maximum expiration date allowed for any
one of the development applications (not including Subdivision Map Act applications, General Plan Amendments and Zoning
Map or Text Amendments.)
F. Major General Plan Amendment, Conditional Use Permit, Development Permit application - for more than ten thousand square
feet of commercial and/or industrial and/or office and/or other non-residential use, or greater than six residential units
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G. Minor General Plan Amendment, Conditional Use Permit, Development Permit application - for ten thousand square feet or less
of commercial and/or industrial and/or office and/or other non-residential use, or six or less residential units.
H. City Council review for applications with new development greater than fifty thousand square feet of commercial, and/or greater
than one hundred thousand square feet of industrial and/or office and/or other non-residential use, and/or greater than fifty
residential units. Planning Commission review for all other applications.
I. Please see specific zoning district regulations or chapters in this title that apply to the subject property or project for approval
authority.
J. Major Architectural and Site Approval application - architectural and site approval for all projects that are not a Minor
Architectural and Site Approval application.
K. Minor Architectural and Site Approval application - single family home in a planned development zoning district, minor building
architectural modifications, landscaping, signs and lighting for new development, redevelopment or modification in such zones
where review is required and minor modifications of duplex and multi-family buildings.
L. Appeals of Design Review Committee decisions shall be heard by the City Council.
M. Parking Exceptions approved by the Director of Community Development need a comment period.
Parking Exceptions approved by the Design Review Committee need a public meeting.
N. Parking Exceptions in Single-family residential (R1) zones and Duplex (R2) zones need adjacent noticing.
All other Parking Exceptions need notices within three hundred feet of the exterior boundary of the subject property.
O. Application must be filed prior to expiration date of permit. Permit is extended until decision of the Approval Body on the
extension.
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SECTION 2. Section 19.12.080, “Application Process”, of Chapter 19.12 of Title
19 of the Cupertino Municipal Code is hereby amended to read as follows:
19.12.080 Application Process
The following provisions outline the requirements for the filing of applications for
permits, entitlements, amendments, and approvals. Unless otherwise specified in this
title, all applications for permits, entitlements, amendments and approvals required by
this title shall be filed in compliance with this section.
Applications for permits, permit modifications, amendments and other matters
pertaining to this Chapter shall be filed with the Director of Community Development
with the following:
A. An application for permit may be made by the owner of record, his or her agent,
lessee(s) of property, or person(s) who have contracted to purchase or lease property
contingent upon their ability to acquire the necessary permit under this title and who
have written authorization from the property owner to make an application.
B. Application shall be made on a form provided by the City, and shall contain the
following, unless waived by the Director of Community Development based on the
scope of the proposed project:
1. A complete legal description of the subject property and map showing the
location of the property for which the permit is sought;
2. A preliminary title report of the subject property;
3. The proposed site development plan indicating: the location of all buildings and
structures; the location and types of land uses; paved areas, such as roadways,
driveways and walkways; and general landscaping scheme;
4. Architectural drawings of the proposed development, building additions or other
structures. Drawings shall indicate building height, colors, materials, window
treatment and other architectural features;
5. Maps showing the locations of buildings;
6. Renderings showing building heights and square footages;
7. Maps showing the precise location of roads, streets, alleys and access points;
8. A traffic analysis, if required;
9. A construction plan;
10. Any property/development with a Homeowner’s Association (HOA) or
Architectural Review Board (ARB) shall provide a letter of approval from said
HOA Board or ARB;
9
11. The Director of Community Development may reasonably require additional
information which is pertinent and essential to the application;
12. Zoning Map or Text Amendments shall also include information required per
Chapter 19.152.
a. Zoning applications for establishment or removal of Single-Story Overlay
District in Single Family (R1) zoning districts (Single-Story Overlay District
Applications) shall also include information required per Section 19.28.050(B);
b. Zoning applications for Multi-Family (R3) Residential shall also include
information required per Section 19.36.040;
c. Zoning applications for Residential Single-family Cluster (R1C) initiated by a
property owner, or his or her designee, shall also include items identified in
Section 19.44.050(H); and
d. Zoning applications for Planned Development Zoning Districts shall also
include information required per Section 19.80.040.
13. Planned Development Permit and Development Permit applications shall also
include information required per Section 19.156.010;
14. Conditional Use Permits and Variances shall also include information required
per Section 19.156.020;
15. Density Bonus Permit applications shall also include information required per
Section 19.56.060;
16. Conversion of Apartment Projects to Common Interest Developments
applications shall also include information required per Section 19.116.050; and
17. Sign Permit Applications should also include information required per Section
19.104.040.
C. Application shall be accompanied by the fee prescribed by City Council resolution,
no part of which shall be returnable to the applicant.
D. The Approval Authority is granted the authority to make the decision to grant, deny,
or impose conditions or restrictions on a permit or other action on a permit as well
as to conduct and make any decisions necessary for environmental review under the
California Environmental Quality Act.
SECTION 3. Section 19.12.090, “Action by Director”, of Chapter 19.12 of Title 19
of the Cupertino Municipal Code is hereby amended to read as follows:
19.12.090 Action by Director.
Upon receipt of an application for a permit, the Director of Community Development
shall:
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A. Within thirty days determine whether the application is complete or needs
additional information and shall inform the applicant.
B. Mail ballots to the property owners of record of the properties affected by a Single-
Story Overlay District Application. The ballot shall, in addition to information
related to the proposal, include the following information:
1. Proposed Single-Story Overlay District Map pursuant to Section 19.28.050(B)(1);
2. Statement indicating that each developable lot of record shall have one (1) vote;
and
3. A date, forty-five (45) calendar days from the date of mailing of the ballot, on
which a completed ballot must be postmarked or received by the City in order to
be accepted.
C. Not later than a period stipulated in Section 19.12.100, Decision, below:
1. Set a date for a public hearing or public meeting upon the matter at a regular or
special meeting of the approval authority for the project for applications that
require a public hearing or public meeting, except that Single-Story Overlay
District Applications shall be scheduled for a public hearing, only if the result of
the mailed ballot, pursuant to 19.12.090(B) above, indicates support of more than
sixty-six and two-thirds (66 2/3) percent by the property owners within the
proposed or existing Single-Story Overlay District; or
2. Send notice in accord with the requirements of 19.12.110(D) for applications that
do not need a public hearing or public meeting.
SECTION 4. Section 19.12.110, “Noticing”, of Chapter 19.12 of Title 19 of the
Cupertino Municipal Code is hereby amended to read as follows:
19.12.110 Noticing.
A. Notice of Public Hearing: Noticing shall be provided in the following manner for
applications that need a public hearing:
1. Notice of hearing shall be given by publication once in a local newspaper of
general circulation not less than ten days prior to the date of the hearing as
provided in Section 65090 of the California Government Code;
2. The City shall mail written notice by first class mail to:
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a. Each owner of record of real property within the noticing radius per Section
19.12.030 of the exterior boundary of the property for which the application is
made as the owner of record is shown in the last tax assessment roll pursuant
to Section 65091 of the California Government Code;
b. Owner(s) of subject site or his or her authorized agent
c. Project applicant(s)
d. Local agencies expected to provide water, sewage, streets, roads, schools or
other essential facilities or services to the proposed project;
e. Any individual or entity that has filed a written request with the City Clerk
requesting notification of public hearings
3. If the number of owners to whom notice would be mailed or delivered pursuant
to subsection A2 above is greater than one thousand, in lieu of mailed or
delivered notice, the Director may provide published notice as provided in
Government Code Section 65091(3).
4. The notice shall contain the following:
a. The exact address of the property, if known, or the location of the property, if
the exact address is not known;
b. The date on which action on the application will be taken;
c. A brief description, the content of which shall be in the sole discretion of the
City, of the proposed project;
d. Reference to the application on file for particulars;
e. A statement that any interested person, or agent thereof, may contact the city
for additional information and/or plans.
Typographical and/or publishing errors shall not invalidate the notice nor any City
action related to the notice.
B. Notice of Public Hearing for Zoning Text Amendments:
1. For amendments to zoning regulations: Notice of such hearing (publication) shall
be given in the manner prescribed in Section 19.12.110 A(1) of this chapter.
2. For amendments to permitted uses of real property: Notice (mailing or
publication) shall be given pursuant to Sections 19.12.110 A(2) or A(3), as the case
may be.
C. Notice of Public Meeting: For projects requiring notice of a public meeting, notice
shall be mailed in accord with 19.12.110A(2) or A(3), as the case may be, at least ten
days prior to the date of the meeting date.
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D. Notice of Comment Period: For projects requiring notice of a comment period,
notice shall be mailed in accord with 19.12.110A(2) and A(5), 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.
2. For permits issued pursuant to Chapter 14.18, Protected Trees, the mailed notice
shall include a copy of the site plan and tree replacement/mitigation plan.
E. The City may also give notice of public hearings/public meetings in any other
manner it deems necessary or desirable. If the Director of Community Development
believes the project may have impacts beyond the range of the mailed notice,
particularly on nearby residential areas, the Director, in his or her discretion, may
expand noticing beyond the stated requirements in Section 19.12.030.
Compliance with the procedures set forth in this section shall constitute a good-faith
effort to provide notice, and the failure to provide notice, and the failure of any to
receive notice, shall not prevent the City from proceeding with a hearing, meeting or
from taking any action nor affect the validity of any action.
F. Posted Site Notice:
1. Applicants shall install notice(s) on the subject site that is/are clearly visible from
the street in accord with the requirements of Table 19.12.030.
a. Applicants must install a public notice in the front yard of the subject site,
except that for Single-Story Overlay District Applications, the notice(s) shall be
installed in the closest yard at the boundary(ies) of the proposed District.
b. For all applications other than Two Story Permits, Residential Design Review
and Tree Removal applications in R1 or R2 zones, if the subject site has more
than one property line abutting a street, the applicant may be required to
install more than one notice.
c. The notice shall be a weatherproof sign, at least 2 feet tall and 3 feet wide,
firmly attached to a 5 foot tall post.
2. The notice shall be placed at least 14 days prior to the decision/public hearing and
shall remain in place until an action has been taken on the application and the
appeal period has passed.
3. The notice shall contain the following:
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a. The exact address of the property, if known, or the location of the property, if
the address is not known;
b. A brief description of the proposed project, the content of which shall be at
the sole discretion of the City;
c. City contact information for public inquiries;
d. A deadline for the submission of public comments;
e. If proposing a physical alteration to an existing building or new buildings, at
least one of the following visual representations of the proposed project:
i. A color perspective drawing or three-dimensional (3-D) photographic
simulation of the proposed project, in a size deemed appropriate by the
Director of Community Development.
ii. For Two Story Permits and Residential Design Review applications, a color
or black and white perspective drawing or three-dimensional (3-D)
photographic simulation of the proposed project, at least 11 inches by 17
inches in size.
iii. Visual Representation is not required for applications that do not have a
material change in the physical appearance of the property.
SECTION 5. Section 19.20.020, “Permitted, Conditional and Excluded Uses in
Agricultural and Residential Zones”, of Chapter 19.20 of Title 19 of the Cupertino
Municipal Code is hereby amended to read as follows:
Table 19.20.020–Permitted, Conditional and Excluded Uses in Agricultural and Residential
Zones
Uses Zoning Districts
A A-1 R-1 RHS R1C R-2 R-3
5. Two-story structures in an area designated for
one-story limitation pursuant to Section
19.28.040 (I) of this chapter, provided that the
CUP-
Planning Commission determines that the
PC
structure will not result in privacy impacts,
shadowing or intrusive noise, odor, or other
adverse impacts to the surrounding area;
SECTION 6. Section 19.28.040, “Permits Required for Development”, of Chapter
19.28 of Title 19 of the Cupertino Municipal Code is hereby amended to read as follows:
19.28.040 Permits Required for Development.
Table 19.28.040 sets forth the planning permits required for development in the Single-
Family Residential district.
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Planning permit required prior to ApprovaType of Project
building permit application l
authority
A. None One-story project that does not require exception or
variance from the requirements of this ordinance
B. Minor Residential Permit, 1. One-story encroachment into a required rear yard
pursuant to Chapter 19.12, setback, subject to requirements of Section
Administration 19.28.070
2. One-story extension of an existing side yard
nonconforming building wall line, subject to
requirements of Section 19.28.100 in all districts
except R1-a
3. One-story project with a gable end of a roof
enclosing an attic space projecting outside the
building envelope , subject to requirements of
Section 19.28.070 or 19.28.080
4. New or expanded second story deck or balcony
with views into neighboring residential side or
rear yards in all districts except R1-a
Admin.
5. Any active or passive solar structure that requires
variation from the setback or height restrictions of
this chapter, provided that provided that no such
structure shall infringe upon solar easements or
adjoining property owners
6. One or two-story addition or new home on a
sloped single-family residential lot with
development on building pads/graded areas with
actual slopes equal to or greater than 20% and
with total floor area ratio of all structures on the
lot greater than 35%
C. Director’s Minor Modification, Encroachment of porch elements into the required
pursuant to Chapter 19.12, front yard setback in the R1-a zone, subject to the
Administration requirements of Section 19.28.100.
D. Two-Story Permit, pursuant to Two-story addition or new two-story home in all
Chapter 19.12, Administration districts that do not require Residential Design
Review per Section 19.28.040 (E) except in an R1-a
zone.
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Planning permit required prior to ApprovaType of Project
building permit application l
authority
E. Residential Design Review, Two-story addition or new two-story home in all
pursuant to Chapter 19.12, districts except R1-a where:
Administration Admin. 1. Second floor to first floor area ratio is greater than
with 66%, except any second to first floor ratio for
design development on building pads/graded areas with
review actual slopes equal to or greater than 20%; and/or
2. Where second story side yard setback(s) are less
than 15 feet to any interior side property line
DRC Two-story addition, new two-story home, and/or
with second story deck in the R1-a zone
design
review
F. Exception, pursuant to Chapter One or two-story project requesting an exception
19.12, Administration & Section from Sections 19.28.070 \[Development Regulations
19.28.130, Exceptions DRC (Building)\], 19.28.080 \[Eichler R1-e Building Design
Requirements\], and/or 19.28.110 \[Landscape
Requirements\].
G. Hillside Exception, pursuant to Development (area greater than 500 square feet) on
Chapter 19.12, Administration slopes greater than 30%
H. Architectural and Site Approval, One or two-story addition or new home on a sloped
pursuant to Chapters 19.12, single-family residential lot with development on
Administration building pads/graded areas with actual slopes equal
PC
to or greater than 20% and where the cut plus fill of
the site exceeds 2,500 cubic yards
I. Minor Conditional Use Permit, Two-story addition or new two-story home in an R1
pursuant to Chapters 19.12, zoning district with an “i” suffix
Administration
J. Single-Story Overlay District Establishment or removal of a Single-Story Overlay
Application, pursuant to District in a Single Family Residential District
CC
Chapter 19.12, Administration (Addition or removal of the “i” suffix in an R1 zoning
district)
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SECTION 7. Section 19.28.050, “Zoning Districts Established”, of Chapter 19.28
of Title 19 of the Cupertino Municipal Code is hereby amended to read as follows:
19.28.050 Zoning Districts Established.
A. Table 19.28.050 (A) below sets forth the zoning districts established.
Zoning Zoning Definition
Designation
R1-X Single Family Residential District- Minimum lot area corresponds
to the number (X), multiplied by 1,000 square feet
R1-XiResidential Single-Family Single-Story Overlay District to limit
homes to one Story (not to exceed 18 feet high)- \[minimum lot area
corresponds to the number (X), multiplied by 1,000 square feet
preceding the ‘i’ symbol\]. May be combined with all R1 zoning
designations.
R1-6e Single Family Residential Eichler District (6,000 minimum lot area)
R1-a Single Family Residential District with Semi-Rural Characteristics
(10,000 square foot minimum lot area)
B. Establishment or Removal of an existing Single-Story Overlay District (R1-Xi): In
addition to the application requirements identified in Chapter 19.12.080, the
applicant shall submit the following:
1. Map delineating proposed boundaries for the Single-Story Overlay District, or
removal thereof, corresponding to natural or man-made features (including, but
not limited to, streets, waterways, zoning boundaries and similar features,) which
would result in the establishment of an identifiable neighborhood;
2. Evidence, to the satisfaction of the City, for an establishment of a Single-Story
Overlay, that a minimum of seventy-five (75) percent of the homes within the
proposed Single-Story Overlay District are single-story;
3. A written statement setting forth the reasons for the application and all facts
relied upon by the applicant in support thereof;
4. Original application petition signed, at a minimum, by sixty-six and two-thirds
(66-2/3) percent of the property owners of record within the proposed or existing
Single-Story Overlay District. The petition shall contain information about the
proposal including, but not be limited to, the following:
a. Map pursuant to Section 19.28.050(B)(1)
b. Property Addresses
c. Property Owner Name(s) and Original Signature(s)
d. Applicant Contact Information
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SECTION 8: Severability.
Should any provision of this Ordinance, or its application to any person or
circumstance, be determined by a court of competent jurisdiction to be unlawful,
unenforceable or otherwise void, that determination shall have no effect on any other
provision of this Ordinance or the application of this Ordinance to any other person or
circumstance and, to that end, the provisions hereof are severable.
SECTION 9: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by
Government Code Section 36937.
SECTION 10: Certification.
The City Clerk shall certify to the passage and adoption of this Ordinance and
shall give notice of its adoption as required by law. Pursuant to Government Code
Section 36933, a summary of this Ordinance may be published and posted in lieu of
publication and posting of the entire text.
SECTION 11: Continuity.
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 amendments of the earlier
provisions.
INTRODUCED at a regular meeting of the Cupertino City Council the ____ day
of ___________ 2017 and ENACTED at a regular meeting of the Cupertino City Council
on this ____ of __________ 2017 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
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