CC Ordinance No. 20-2199 amending Chapter 19.112 Accessory Dwelling UnitsORDINANCE NO. 20-2199
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 19.112, ACCESSORY DWELLING UNITS, CHAPTER
19.20 – PERMITTED, CONDITIONAL AND EXCLUDED USES IN
AGRICULTURAL AND RESIDENTIAL ZONES AND CHAPTER 19.08
DEFINITIONS
WHEREAS, this Ordinance is determined to be exempt from environmental review
under the California Environmental Quality Act of 1970 (Public Resources Code section
21000 et seq.) (“CEQA”), together with the State CEQA Guidelines (California Code of
Regulations, Title 14, Section 15000 et seq.) (hereinafter, “CEQA Guidelines”), in that an
Ordinance to implement the provisions of Government Code Section 65852.2 is
statutorily exempt from CEQA under Public Resources Code Section 21080.17. Any
portion of the proposed Ordinance that is not statutorily exempt is categorically exempt
as there is no potential for this action to cause a significant effect on the environment
and/or any project would be exempt under relevant provisions of the CEQA Guidelines,
including, but not limited to Existing Facilities (Sec. 15301), Replacement or
Reconstruction (Sec. 15302), or Construction or Conversion of Small Structures (Sec.
15303). and
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; and
WHEREAS, as required by Cupertino Municipal Code Section 19.152.030, the City
Council makes the following findings in connection with the changes to zoning
regulations proposed in Chapters 19.08, 19.20 & 19.112:
1. That the proposed zoning is in accord with Title 19 of the Municipal Code and the
City’s Comprehensive General Plan.
The Ordinance modifies Title 19 to be consistent with recently passed State Assembly and
Senate Bills aimed at promoting the development of Accessory Dwelling Units to alleviate the
existing housing crisis in the State of California. Cities must comply with state law. By adopting
a local ordinance, the City is exercising the limited discretion allowed by state law for certain types
of Accessory Dwelling Units.
The proposed Ordinance amendments conform with the City’s Housing Element’s goal of
providing an adequate supply of residential units for all economic segments through its strategy
of continuing to implement the Accessory Dwelling Unit Ordinance and encouraging the
production of second units.
Ordinance No. 20-2199
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2. The proposed zoning is in compliance with the provisions of the California
Environmental Quality Act (CEQA).
Adoption of zoning code provisions regarding accessory dwelling units are statutorily
exempt from CEQA under Public Resources Code Section 21080.17.
3. The site is physically suitable (including, but not limited to, access, provision of
utilities, compatibility with adjoining land uses, and absence of physical constraints) for
the requested zoning designation(s) and anticipated land use development(s).
The Ordinance is a citywide amendment to be in conformance with State standards to
encourage Accessory Dwelling Unit development. State law explicitly states that Accessory
Dwelling Units cannot be considered additional density. Therefore, the amendments do not impact
the residential density designations for sites within the City. Accessory Dwelling Units are limited
to single family, multifamily, and mixed-use residential zoning districts subject to their
conformance with standards outlined in Title 19.
4. The proposed zoning will promote orderly development of the City.
By updating the Accessory Dwelling Unit development standards, the Ordinance allows
for additional affordable housing development. The ordinance also prohibits the use of Accessory
Dwelling Units, which includes Junior Accessory Dwelling Units, as Short Term Rentals. This
would allow the City to grow its long-term housing stock. By adopting a local ordinance, the City
is exercising the limited discretion allowed by state law for certain types of Accessory Dwelling
Units.
5. That the proposed zoning is not detrimental to the health, safety, peace, morals
and general welfare of persons residing or working in the neighborhood of subject
parcels.
The Ordinance is a citywide amendment to be in conformance with State standards to
encourage Accessory Unit Development. The Ordinance contains various developments standards
that require conformance with fire, life safety, and building codes to ensure that new development
is not detrimental to the health, safety, peace, morals and general welfare of the community.
6. The proposed amendments are internally consistent with Title 19.
All necessary chapters and section of the Title 19 have been amended to ensure internal
consistency with the proposed regulations.
NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO DOES
ORDAIN AS FOLLOWS:
SECTION 1. Section 19.08.030(A) of Chapter 19.08 of Title 19 of the Cupertino
Municipal Code is hereby amended by editing the following definition:
“Accessory dwelling unit” means an attached or a detached residential dwelling unit
which provides complete independent living facilities for one or more persons. It shall
include permanent provisions for living, sleeping, eating, cooking and sanitation on the
Ordinance No. 20-2199
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same parcel as the primary dwelling unit is situated. An accessory dwelling unit also
includes the following:
1. An efficiency unit, as defined in Section 17958.1 of Health and Safety Code.
2. A manufactured home, as defined in Section 18007 of the Health and Safety Code.
3. “Junior accessory dwelling unit” means a unit that is no more than 500 square feet in
size and contained entirely within an existing single-family structure. Junior accessory
dwelling units must include an efficiency kitchen, which must include both a cooking
facility with appliances and a food preparation counter and storage cabinets that are of a
reasonable size in relation to the size of the unit. A junior accessory dwelling unit may
include separate sanitation facilities, or may share sanitation facilities with the existing
structure, as defined in California Government Code Section 65852.22.
SECTION 2: Section 19.08.030(L) of Chapter 19.08 of Title 19 of the Cupertino Municipal
Code is hereby amended by editing the following definition:
“Living space” means, for the purposes of Chapter 19.112, the same as that set forth for
“living area” in California Government Code Section 65852.2(j)(4). All attic and basement
square footage proposed as part of an Accessory Dwelling Unit shall be limited by the
maximum size allowed per Chapter 19.112.
SECTION 3: Section 19.08.030(S) of Chapter 19.08 of Title 19 of the Cupertino Municipal
Code is hereby amended by editing the following definition:
“Single family residence,” for purposes of Chapter 19.112, shall mean one dwelling
unit located on a separately owned lot. Single family residence does not include
property with only air parcels or condominiums.
SECTION 4: Table 19.20.020 of Section 19.20.020 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 A1 R1 RHS R1C R2 R3
NO CHANGE ROWS #1 - #6b
7. An accessory dwelling
unit that conforms to the
requirements of Chapter
19.112;
P P P P P P P
NO CHANGE ROWS #8 - #42
Ordinance No. 20-2199
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SECTION 5: Chapter 19.112 “Accessory Dwelling Units” of Title 19 of the Cupertino
Municipal Code is hereby amended to read as follows:
19.112.010 Purpose.
19.112.020 Accessory Dwelling Units Regulations.
19.112.030 Site development regulations for Streamlined Accessory Dwelling Units &
Junior Accessory Dwelling Units.
19.112.040 Site Development Regulations for Non-Streamlined Accessory Dwelling
Units.
19.112.050 Review process.
19.112.010 Purpose.
The purpose of this chapter is to promote the goal of affordable housing within the City
through provision of additional housing in certain residential, agricultural, and mixed-
use zoning districts in a manner which minimizes adverse impacts of accessory dwelling
units on neighborhoods.
19.112.020 Accessory Dwelling Unit Regulations.
Notwithstanding any provision of this title to the contrary:
1. Accessory dwelling units are permitted on lots within any residential or mixed-use
residential zoning district. The lot must have an existing single family dwelling unit or if
zoned multi-family or mixed use residential, at least one residential unit. If the lot is
vacant, an accessory dwelling unit may only be proposed in conjunction with the
development of at least one residential unit. Notwithstanding the underlying zoning, an
accessory dwelling unit developed pursuant to this chapter does not cause the lot upon
which it is located to exceed its maximum the allowable density on the lot.
2. Accessory dwelling units must comply with the site development regulations and
guideline specified in those zoning districts for dwelling units, including but not limited
to: lot coverage; floor area ratio; height; setbacks; landscape; the regulations contained in
this chapter; Chapter 19.100, Accessory Structures/Buildings; and Chapter 19.124,
Parking; except as those standards are modified by this chapter.
3. No impact fees, as defined in Government Code Section 65852.2(f), shall be imposed
on any accessory dwelling unit or junior accessory dwelling unit with a gross floor area
of less than 750 square feet. Impact fees for all other accessory dwelling units shall be
charged in compliance with State Law.
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4. Accessory dwelling units may be rented separately from the single-family dwelling
or multi-family dwelling structure but may not be sold or otherwise conveyed separately
from the other dwellings on the lot, except pursuant to Government Code Section
65852.26. Any accessory dwelling unit, including a Junior Accessory Dwelling Unit
(JADU), shall not be used as a short-term rental.
5. For JADUs, either the single-family residence or JADU must be owner-occupied,
unless the owner is a governmental agency, land trust, or housing organization. Further,
the owner shall record a deed restriction, expressly enforceable against future purchasers,
containing the following: (a) a prohibition on the sale of the JADU separate from the
single-family residence, and (b) a restriction on the size and attributes of the JADU to
conform to this section.
19.112.030 Site Development Regulations for Streamlined Accessory Dwelling Units
& Junior Accessory Dwelling Units.
Pursuant to California Government Code Section 65852.2(e), the City shall approve the
following streamlined accessory dwelling units if the specified development standards
and use restrictions are met, as identified in:
A. Table 19.112.030A for single-family developments and
B. Table 19.112.030B for multi-family developments.
Table 19.112.030A: Site Development Regulations for Streamlined Accessory Dwelling Units
and Junior Accessory Dwelling Units Associated with Single-Family Developments
Conversion of space within
principal dwelling unit or
accessory structures
New Construction Detached
Accessory Dwelling Unit ≤ 800 s.f.
1. Size of living space, exclusive of decks
a. Minimum size 150 s.f.
b. Maximum size
No size limitation as long as the
unit:
i. Is wholly within the space of a
proposed or existing single-
family dwelling or the existing
space of an accessory structure,
and
ii. Does not require either:
800 s.f.
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Table 19.112.030A: Site Development Regulations for Streamlined Accessory Dwelling Units
and Junior Accessory Dwelling Units Associated with Single-Family Developments
Conversion of space within
principal dwelling unit or
accessory structures
New Construction Detached
Accessory Dwelling Unit ≤ 800 s.f.
An addition of more than
150 square feet to an existing
accessory structure to
accommodate ingress and
egress only, or
Any addition to an existing
single-family dwelling unit.
2. Number of Units
Two accessory dwelling units are allowed only if one of the accessory
dwelling units is a detached unit built pursuant to this Table
19.112.030A and the other is a junior accessory dwelling unit.
Otherwise, only one accessory dwelling unit is allowed per lot.
3. Setbacks
Per the underlying zoning district
except that if the existing
structures do not meet these
standards, the side and rear
setbacks shall be sufficient for fire
safety and life safety.
a. At least four feet from the rear
and side lot lines.
b. An applicant alternately may
elect to follow the setback and
height standards for accessory
structures in Chapter 19.100.
4. Height The conversion shall not change the
height of the existing structure.
a. 16 feet
b. An applicant alternately may
elect to follow the setback and
height standards for accessory
structures in Chapter 19.100.
5.
Second-story
accessory dwelling
unit
Allowed if the unit is a conversion
of existing second story portions of
the principal dwelling unit
Not Allowed
6.
Parking for
accessory dwelling
unit
None
None
7. Direct outside access Independent outdoor access must be provided without going through
the principal dwelling unit.
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Table 19.112.030A: Site Development Regulations for Streamlined Accessory Dwelling Units
and Junior Accessory Dwelling Units Associated with Single-Family Developments
Conversion of space within
principal dwelling unit or
accessory structures
New Construction Detached
Accessory Dwelling Unit ≤ 800 s.f.
8.
Separation from
principal dwelling
unit
The conversion must result in an
independent unit. With the
exception of a JADU that has a
shared bathroom with the
principal dwelling unit, no
interior doors or other connections
between the units are permitted.
Detached from principal dwelling
unit
Table 19.112.030B: Site Development Regulations for Streamlined Accessory Dwelling Units
Associated with Existing Multi-Family Developments
Conversions of interior space within
multifamily dwelling structures Detached, New Construction
1. Location
Conversion of space within existing
dwelling structures that is not used as
livable space (e.g. existing units)
including, but not limited to, storage
rooms, boiler rooms, passageways,
attics, basements, or garages, as long
as the unit meets building standards
for dwellings.
Detached from the multi-family
dwelling structure(s)
2. Number of
Units
The greater of:
25 percent of the existing number
of primary dwelling units, or
One accessory dwelling unit.
No more than two units
3. Minimum Size 150 s.f.
4. Maximum Size No size limitation 1,200 s.f.
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Table 19.112.030B: Site Development Regulations for Streamlined Accessory Dwelling Units
Associated with Existing Multi-Family Developments
Conversions of interior space within
multifamily dwelling structures Detached, New Construction
5. Setbacks
The accessory dwelling unit shall not
increase the size of the existing
structure.
a. Located at least four feet from
the side and rear lot lines.
b. An applicant alternately may
elect to follow the setback and
height standards for accessory
structures in Chapter 19.100.
6. Height
The accessory dwelling unit shall not
increase the size of the existing
structure.
a. 16 feet
b. An applicant alternately may
elect to follow the setback and
height standards for accessory
structures in Chapter 19.100.
7.
Separation
from principal
dwelling unit
The conversion must result in an
independent unit. No interior doors or
other connections between the units
are permitted.
Detached from principal
dwelling unit.
19.112.040 Site Development Regulations for Non-Streamlined Accessory Dwelling
Units.
Any accessory dwelling unit that does not meet the criteria of Section 19.112.030 shall
meet the following development standards and use restrictions as identified in Table
19.112.040.
Table 19.112.040: Site Development Regulations for Non-Streamlined Accessory Dwelling
Units Created by New Construction and/or Additions to the Principal Dwelling Unit
Attached Detached > 800 s.f.
A. Number of Units
Only one accessory dwelling unit pursuant to Table 19.112.040 is
permitted and cannot be combined with any accessory dwelling units
pursuant to Table 19.112.030A.
B. Size of living space, exclusive of decks
1. Minimum size 150 s.f.
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Table 19.112.040: Site Development Regulations for Non-Streamlined Accessory Dwelling
Units Created by New Construction and/or Additions to the Principal Dwelling Unit
Attached Detached > 800 s.f.
2. Maximum size
a. Studios/one-bedroom unit – 850 s.f.; two or more-bedroom unit –
1,000 s.f.; and
b. Attached accessory dwelling units shall not exceed 50% of the
existing primary dwelling
c. Application of lot coverage, floor area, and open space standards:
i. Maximum size for units ≤ 800 s.f. shall not be limited by lot
coverage, floor area ratio, and open space requirements per
the underlying zoning.
ii. Maximum size for units > 800 s.f. are limited by lot coverage,
floor area ratio, and open space requirements per the
underlying zoning. These standards shall apply to the gross
floor area of the unit proposed. Notwithstanding application
of these standards, an 800 s.f. detached accessory dwelling
unit is permitted pursuant to Table 19.112.030A or an 800 s.f.
attached accessory dwelling unit is permitted.
C. Setbacks 1
Per the underlying zoning
district, except the required
side and rear setbacks are
modified to four feet.
The proposed structure must
comply with the setback standards
for accessory structures in Chapter
19.100, except the street side
setbacks are modified to four feet.
D. Height Per the underlying zoning
district
The proposed structure must
comply with the height standards
for accessory structures in Chapter
19.100, except that a maximum
height of 16 feet is allowed at the
farthest point of the proposed
structure from the rear and side
property lines.
E. Second-story accessory
dwelling units Not allowed Not allowed
1 No setback is required for an accessory dwelling unit located within existing living area or an existing
accessory structure, or an accessory dwelling unit that replaces an existing structure and is located in the
same location and to the same dimensions as the structure being replaced.
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Table 19.112.040: Site Development Regulations for Non-Streamlined Accessory Dwelling
Units Created by New Construction and/or Additions to the Principal Dwelling Unit
Attached Detached > 800 s.f.
F. Parking
1. Parking for
accessory dwelling
unit
One additional off-street parking space shall be provided, 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 required in Chapter 19.124 unless the accessory dwelling
unit meets one of the following requirements:
a. Located within one-half (1/2) mile of a public transit stop; or
b. Located in an architecturally and historically significant historic
district; or
c. The occupant of the unit is not allowed/offered a required on-
street parking permit; or
d. Located within one block of a car share vehicle pick-up location;
or
e. Is part of the proposed or existing primary residence or an
accessory structure.
2. Replacement
parking spaces for
existing covered,
uncovered or
enclosed parking
spaces converted to
an accessory
dwelling unit
No replacement parking spaces are required.
G. Direct outside access Independent outdoor access must be provided without going
through the principal dwelling unit.
H. Screening from public
street
All access to accessory dwelling units shall be on a different wall
plane than the access to the principal dwelling unit.
I. Structure Design Should be compatible with the architectural style and materials of
the principal structure.
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Table 19.112.040: Site Development Regulations for Non-Streamlined Accessory Dwelling
Units Created by New Construction and/or Additions to the Principal Dwelling Unit
Attached Detached > 800 s.f.
J. Separation from
principal dwelling unit
The ADU must be an
independent unit. No interior
doors or other connections
between the ADU and the
principal dwelling unit are
permitted.
Detached from principal dwelling
unit.
19.112.050 Review Process.
Applications for accessory dwelling units conforming to the requirements of this
chapter shall be reviewed ministerial without discretionary review and must be
approved or denied within the time frame specified in Government Code Section 65852.2.
SECTION 6: 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 7: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by
Government Code Section 36937.
SECTION 8: 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 9: 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
Ordinance No. 20-2199
Page 12
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 18th day of
February 2020 and ENACTED at a regular meeting of the Cupertino City Council on this
3rd day of March 2020 by the following vote:
Vote Members of the City Council
AYES: Scharf, Paul, Chao, Sinks, Willey
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
____________________________
Steven Scharf, Mayor
City of Cupertino
3/19/2020 ____________________
Date
ATTEST:
Kirsten Squarcia, City Clerk
_3/24/20____________________________
Date
APPROVED AS TO FORM:
____________________________
Heather Minner, City Attorney
_3/23/2020____________________
Date
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, KIRSTEN SQUARCIA, 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. 20-2199,
which was enacted on February 18, 2020, 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 24th day of March 2020.
KIRSTEN SQUARCIA, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California