CC Ordinance No. 23-2254 - An Ordinance of the City Council of the City of Cupertino to Amend Municipal Code Chapter 19.12 and Chapter 19.28 and Chapter 19-112 Regarding Two-Story Permit and ADUORDINANCE NO.23-2254
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO TO
AMEND MUNICIPAL CODE CHAPTER 19.12, CHAPTER 19.28 AND CHAPTER
19.112 REGARDING TWO-STORY PERMIT AND ACCESSORY DWELLING UNIT
(ADU) LAWS
The City Council of the City of Cupertino finds that:
1. An assessment of the City's development review processes and requirements revealed
that out of the 768 Planning permit applications that have been received since November
of 2021, the City has taken in 98 Two -Story Permit applications, the most of any codified
permitting process. To improve efficiency, staff proposes to eliminate the discretionary
Two -Story Permit requirement, with the intended result to streamline the permitting
process and save residents time and money when upgrading their homes.
2. State Law changes have rendered the City's Accessory Dwelling Unit ordinance (CMC
19.112) obsolete and unenforceable.
3. The City Council of the City of Cupertino held a duly noticed public hearing on
December 5, 2023, 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
Ordinance No. 23-2254
Page 2
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.
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 January
17, 2024 and ENACTED at a regular meeting of the Cupertino City Council on
February 6, 2024 by the following vote:
Members of the City Council
AYES: Mohan, Fruen, Chao, Moore, and Wei
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
2/28/2024
Shelia Mohan, Mayor
Date
City of Cupertino
ATTEST:
2/28/2024
Kirsten Squarcia, City Clerk
Date
APPROVED AS TO FORM:
Chris-topher D. Jensen
Feb 23, 2024
Date
Christopher D. Jensen, City Attorney
Ordinance No. 23-2254
Page 3
ATTACHMENT A - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO TO AMEND MUNICIPAL CODE CHAPTER 19.12, CHAPTER 19.28
AND CHAPTER 19.112 REGARDING TWO-STORY PERMIT AND ACCESSORY
DWELLING UNIT (ADU) LAWS
1. Amendments to Title 19 concerning the Two -Story Permit
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.
Ordinance No. 23-2254
Page 4
Table 19.12.030 -Approval Authority
Public
Arts and
Hearing/
F
Administrative
Culture
Planning
City Council
Public
Noticing/ Noticing
Type of Permit or Decision A, B
Review
Commission
Commission
Meeting/
Radius D
P
Comment
Period C
General Plan Amendment
Major F
R
F
PH
CA. Govt. Code
65350-
MinorG
R
F
PH
65362
Zoning Map Amendments
Major F
R
F
PH
CA. Govt. Code
65853-
Minor G
R
F
PH
65857
CA. Govt. Code
Zoning Text Amendments
R
F
PH
65853-
65857
CA. Govt. Code
Specific Plans
R
F
PH
65350-
65362
Development Agreements
R
F
PH
CA. 5o8vtt. Code
Development Permits
Major F, H
FIR
Al/F
PM
l 9.12.110/300'
MinorG
F
Al
A2
PM
Conditional Use Permits
Major F, H, I
F
Al /F/R
Al / A2/F
PH
CA. Govt. Code
65905
Minor G,I
F
Al/F/R
A1/A2/F
PH
Temporary
F
Al
A2
None
Based on
Density Bonus (Residential)
R
F
concurrent
application
CA. Govt. Code
Adult -Oriented Commercial Activity (CUP)
R
F
PH
65905/300'
Architectural and Site Approval
Major
F
Al
A2
PM
19.12.110/
Minor K
F
Al
A2
PM
Amendment
Major F, H
F
Al
Varies L
Ordinance No. 23-2254
Page 5
Table 19.12.030 -Approval Authority
Public
Arts and
Hearing/
F
Administrative
Culture
Planning
City Council
c
PublPubliiMeeting/
NoticinglNoticing
Type of Permit or Decision A, B
Review
Commission
Commission
Radius D
p
Comment
Period C
Minor G
F
Al
A2
Varies L
Depends on permit
being amended L
Minor Modification
F
Al
A2
None
Hillside Exception/ Height Exception/ Heart
F
Al
PH
19.12.110/300'
of the City Exception I
Variance
F
Al
q2
pH
CA. Govt. Code
65905
Status of non- conforming Use
F
Al
PH
19.12.110/300'
Wireless Antennas I
F
F/ Al
A2
Varies I
Depends on
application type
Signs
Permits
F
Al
A2
None
Neon, Reader board & Freeway Oriented
Signs I
F
F/A1
Al/A2
PM
19.12.110/300'
Programs.
F
Al
A2
None
Exceptions I
F
Al
PM
19.12.110/
Adjacent
Al
19.12.110/
Parking Exceptions I
FM
F/A1
Varies M
Adjacent/ 300' N
F
Al
A2 L
PM
19.12.110/
Fence Exceptions
Adjacent
Front Yard Interpretation
F
Al
A2
PM
19.12.110/
Adjacent
R-1 Ordinance Permits
Residential Design Review I
F
F/A1
Al L/A2
Varies
19.12.110/
Minor Residential
F
Al
A2
CID
Adjacent
Exceptions I
F
Al
PM
Miscellaneous Ministerial Permit
F
None
Adjacent
Ordinance No. 23-2254
Page 6
Table 19.12.030 - Approval Authority
Type of Permit or Decision A, B
Administrative
Review
Arts and
Culture
Commission
Planning
Commission
City Council
Public
Hearing/
Public
Meeting/
Period C
Noticing/Noticing
Radius D
F
ISComment
Protected Trees
Tree Removal
F
Al
A2
CP
Adjacent unless
exempt
Heritage Tree Designation & Removal
F
Al
PM
10/
19 300'
Tree Management Plan
F
Al
A2
None
Retroactive Tree Removal
F
Al
A2
None
Reasonable Accommodation
F
Al
A2
None
Extensions O
Parking, Fence & Sign Exceptions & Front
Yard Interpretations
F
Al
A2
None
Neon, Reader board & Freeway Oriented
Signs
F
Al
A2
None
Two Story Permits, Minor Residential
Permits and Exceptions
F
Al
A2
None
Tree Removals
F
Al
A2
All other projects
F
Al
A2
19.171107
None
Miscellaneous Ministerial Permit
Not Allowed
Public Art Architectural and Site Approval
Permits
Public Art
F
Al
PM
None
Art in lieu payment
R
F
PM
None
KEY:
R—Review and recommendation body
F—Final decision -making body unless app
Al —Appeal Body on first appeal
A2—Appeal body on second appeal
PH —Public Hearing
PM —Public Meeting
CP—Comment Period
Ordinance No. 23-2254
Page 7
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.
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.
Ordinance No. 23-2254
Page 8
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. Meeting type and noticing are dependent on the underlying permit being modified.
M. Parking Exceptions approved by the Director of Community Development need
a comment period.
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.
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:
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).
The notice shall contain the following:
Ordinance No. 23-2254
Page 9
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 plan.
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.
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 and legible from
the right-of-way in accord with the requirements of Table 19.12.030.
a. Applicants must install a site notice in the front yard of the subject site.
b. For all applications other than Residential Design Review, Miscellaneous Ministerial
Ordinance No. 23-2254
Page 10
Permits, 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.
2. The notice shall be a weatherproof sign, firmly attached to 5 foot tall posts and:
a. For Residential Design Review, Miscellaneous Ministerial Permits, and Tree Removal
applications in R1 or R2 zones, shall be at least 2 feet tall and 3 feet wide.
b. For all other applications that need a site notice, shall be at least 4 feet tall and 6 feet wide.
3. 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, if
any, has passed.
4. The notice shall contain the following:
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 Residential Design Review Permit, and Miscellaneous Ministerial Permit
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.
G. Miscellaneous Ministerial Permit: For projects requiring notice of a Miscellaneous Ministerial
Permit, notice shall be mailed in accord with subsection 19.12.110A(4) and posted on the
property, fourteen calendar days prior to the date of action on the application.
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.
Ordinance No. 23-2254
Page 11
Table 19.28.040 Permits Required
Planning permit
required prior to
building permit
Type of Project
Approval
Authority
application
A. None
Single-family projects that do not require
exception or variance from the requirements of this
Admin.
1.One-story encroachment into a required rear yard
setback, subject to requirements of Section
B. Minor Residential
19.28.070
Permit, pursuant to
Admin
2.One-story extension of an existing side yard
nonconforming building wall line, subject to
requirements of Section
Chapter 19.12,
Administration
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 RI -a or on any
project previously developed pursuant to
Government Code Section 65852.21
5. Any active or passive solar structure that requires
variation from the setback or height restrictions
of this chapter, 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
Encroachment of porch elements into the required
Admin
Modification, pursuant
front yard setback in the R1-a zone, subject to the
to Chapter 19.12,
requirements of Section 19.28.100
Administration
Ordinance No. 23-2254
Page 12
Two-story addition or new two-story home in all
districts except R1-a where:
D. Residential Design
1. Second floor to first floor area ratio is greater
Admin. with
Review, pursuant to
than 66%, except any second to first floor ratio
Chapter
for development on building pads/graded
design review
Administration
areas with 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
Two-story addition, new two-story home, and/or
PC
second story deck in the R1-a zone
E. Exception,
One or two-story project requesting an exception
pursuant to
from Sections 19.28.070 [Development Regulations
Chapter 19.12,
(Building)],
Administration &
19.28.080 [Eichler R1-e Building Design
PC
Section 19.28.130,
Requirements], and/or 19.28.110 [Landscape
Exceptions
Requirements].
F. Hillside Exception,
Development (area greater than 500 square feet) on
pursuant to Chapter
slopes greater than 30%
19.12,
Administration
G. Architectural and
One or two-story addition or new home on a sloped
Site Approval,
single-family residential lot with development on
pursuant to Chapter
building pads/graded areas with actual slopes equal
19.12,
to or greater than 20% and where the cut plus fill of
Administration
the site exceeds 2,500 cubic yards
H. Conditional Use
Two-story addition or new two-story home in an R1
Permit, pursuant to
zoning district with an "i" suffix
Chapter 19.12,
Administration
I. Single -Story Overlay
Establishment or removal of a Single -Story Overlay
District
District in a Single Family Residential District
CC
Application,
„ „
(Addition or removal of the I suffix in an R1
pursuant to Chapter
zoning district)
19.12 ,
Administration
1. New one or two-story duplex project in an R1
zoning district pursuant to Government Code
Section 65852.21
J. Miscellaneous
2. New one or two-story single-family home,
Admin
Ministerial Permit
secondary principal dwelling unit, or two-story
addition in an R1 zoning district pursuant to
Government Code Section 65852.21
19.28.110 Single -Family Residential Design Guidelines and Principles.
Any new single-family residential house or addition to an existing house shall be generally consistent with
the adopted single-family residential guidelines in Sections 19.28.110(A) and (B).
Ordinance No. 23-2254
Page 13
A. Single -Family Residential Design Guidelines for all projects.1, 2
1. There shall not be a three -car wide driveway curb cut.
2. No more than fifty percent of the front elevation of a house shall consist of garage area, unless
the lot is not wide enough to accommodate.
a. In the R1-a zone, the maximum width of a garage on the front elevation shall be twenty- five
feet, which will accommodate a two -car garage. Additional garage spaces shall only be provided
through the use of a tandem garage or a detached accessory structure at the rear of the property.2
3. Usable Living area shall be closer to the street, while garages should be set back more.
4. All roofs shall have at least a one -foot overhang.
5. Mechanical, heating, or cooling equipment or associated piping installed on the roof shall be screened
from the public right away, except in R1-e zones where roof top equipment is not allowed.
6. Porches are encouraged.
a. In the R1-a zone, the following porch design guidelines apply2:
i. When viewed from the street, a porch shall appear proportionately greater in width
than in height. A porch differs from an entry element, which has a proportionately
greater height than its width.
ii. Structural supports shall be designed such that the appearance is not obtrusive or
massive.
iii. The use of large columns or pillars is discouraged.
iv. The eave height for a front porch shall not be significantly taller than the eave height
of typical single -story elements in the neighborhood.
v. Porch elements shall have detailing that emphasizes the base and caps for posts and
fence elements.
7. In R1-6e and R1-a zones, entry features shall not be higher than fourteen feet from natural grade
to plate .2
19.28.140 Findings.
Sections 19.28.140(A), (B), (C), (D), and (E) set forth the findings required for a Minor Residential Permit,
Two- Story Permit, Residential Design Review, and R-1 Exception approval.
A. Minor Residential Permit Findings.The project is consistent with the Cupertino General
Plan, any applicable specific plans, zoning ordinances and the purposes of this title.
1. The granting of the permit will not result in a condition that is detrimental or injurious to
property or improvements in the vicinity, and will not be detrimental to the public health,
safety or welfare.
2. The proposed project is harmonious in scale and design with the general neighborhood.
3. Adverse visual impacts on adjoining properties have been reasonably mitigated.
Ordinance No. 23-2254
Page 14
B. Residential Design Review Findings.
1. The project is consistent with the Cupertino General Plan, any applicable specific plans,
zoning ordinance and the purposes of this title.
2. The granting of the permit will not result in a condition that is detrimental or injurious to
property or improvements in the vicinity, and will not be detrimental to the public health,
safety or welfare.
3. The project is harmonious in scale and design with the general neighborhood.
4. The project is consistent with the two-story design principles and generally consistent with
the single- family residential design guidelines.
5. Adverse visual impacts on adjoining properties have been reasonably mitigated.
C. Residential Design Review Findings, R1-a zone.
1. The project is consistent with the Cupertino General Plan and Title 19 of the Cupertino
Municipal Code.
2. The granting of this permit will not result in detrimental or injurious conditions to the
property or improvements in the vicinity, or to the public health, safety, or welfare.
3. The project is generally compatible with the established pattern of building forms, building
materials, and designs of homes in the neighborhood..
4. The project is generally compatible with the City's single-family residential design guidelines
and the guidelines in this chapter and any inconsistencies have been found to not result in
impacts on neighbors.
5. Significant adverse visual and privacy impacts as viewed from adjoining properties have been
mitigated to the maximum extent possible.
D. R-1 Exception Findings.
1. The literal enforcement of this chapter will result in restrictions inconsistent with the spirit
and intent of this chapter.
2. The proposed development will not be injurious to property or improvements in the area, nor
be detrimental to the public safety, health and welfare.
3. The exception to be granted is one that will require the least modification of the prescribed
design regulation and the minimum variance that will accomplish the purpose.
4. The proposed exception will not result in significant visual impact as viewed from abutting
properties.
Ordinance No. 23-2254
Page 15
2. Amendments to Title 19 concerning Accessory Dwelling Units
19.112.010 Purpose; Incorporation by Reference; Consistency with State Law.
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 residential, and mixed -use zoning districts in a
manner which minimizes adverse impacts of accessory dwelling units on neighborhoods. Unless otherwise
defined in this Title, all terms used in this Chapter shall be defined and interpreted in accordance with
Government Code Sections 65852.2 and 65852.22. In the event of a conflict between this Chapter and the
requirements of State law, the requirements of State law, including the requirements of Government Code
Sections 65852.2 and 65852.22, shall prevail.
19.112.020 Accessory Dwelling Unit Regulations.
Notwithstanding any provision of this title to the contrary:
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.
No impact fees, as defined in Government Code Section 65852.2(f)(3)(B), 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 imposed on accessory dwelling units greater than or equal
to 750 feet shall be charged proportionally in relation to the square footage of the primary
dwelling unit in compliance with Government Code Section 65852.2(f)(3)(A).
4. 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.
Ordinance No. 23-2254
Page 16
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.
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 residential uses and
B. Table 19.112.030B for multi -family residential uses.
Table 19.112.030A: Site Development Regulations for Streamlined Accessory Dwelling Units and
Junior Accessory Dwelling Units Associated with Single -Family Residential Uses and Duplexes
Conversion of space within principal
New Construction Attached or
dwelling unit or accessory structures
Detached Accessory Dwelling
Unit <_ 800 s.f.
1.
Size of living space, exclusive of decks
a. Minimum
150 s.f.
size
b. Maximum
No size limitation as long as the unit:
800 s.f.
size
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:
• 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.
Ordinance No. 23-2254
Page 17
2.
Number of
Maximum three ADUs .per single-family residential lot, and maximum two ADUs
Units
per duplex lot, in any combination of the following:
• Attached ADU,
• Conversion of existing space ADU (whether in principal dwelling unit or
existing accessory structure),
• Detached ADU, or
• Junior ADU
3.
Setbacks
Per the underlying zoning district
a. At least four feet from the
except that if the existing structures do
rear and side lot lines.
not meet these standards, the side and
b. An applicant alternately may
rear setbacks shall be sufficient for fire
elect to follow the setback
safety and life safety.
standards #or accessory
structures in
Chapter 19.100.
Ordinance No. 23-2254
Page 18
4.
Height
The conversion shall not change the height
a. 18 feet for detached ADU
of the existing structure.
b. If accessory dwelling unit
attached to principal
dwelling, 25 feet or the
height limitations
applicable to the principal
dwelling, whichever is
lower.
c. An applicant alternatively
may elect to follow the
height standards for
accessory structures in
Chapter 19.100.
5.
Second -story
Allowed if the unit is a conversion of
Allowed
accessory
existing second story portion of the
dwelling unit
principal dwelling unit.
6.
Parking for
None
accessory
dwelling unit
7.
Direct outside
Independent outdoor access must be provided without going through the
access
principal dwelling unit.
8.
Separation
The conversion must result in an
Detached from principal dwelling
from principal
independent unit. With the exception of a
unit
dwelling unit
JADU that has a shared bathroom with the
principal dwelling unit, no interior doors or
other connections between the units are
permitted.
1 An additional two feet in height is permitted to accommodate a roof pitch on the accessory dwelling unit that is aligned with
the roof pitch of the primary dwelling unit.
Attachment A- Page 18
Ordinance No. 23-2254
Page 19
Table 19.112.030B: Site Development Regulations for Streamlined Accessory Dwelling Units
Associated with Existing Multi -Family Residential Uses
Conversion of interior space within
New Construction Detached
multifamily dwelling structures
Accessory Dwelling Unit
1.
Location
Conversion of space within existing
Detached from the multi -family.
dwelling structures that is not used as
dwelling structure(s)
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.
2.
Number of
The greater of:
No more than two units
Units
. 25 percent of the existing number of
primary dwelling units, or
• One accessory dwelling unit.
3.
Minimum Size
150 s.f.
4.
Maximum Size
No size limitation
1,200 s.f.
5.
Setbacks
The accessory dwelling unit shall not
a. Located at least four feet
increase the size of the existing structure.
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
a. 18 feet; or
increase the size of the existing structure.
b. An applicant alternatively
may elect to follow the
setback and height standards
for accessory structures in
Chapter 19.100.
Attachment A- Page 19
Ordinance No. 23-2254
Page 20
7.
Separation
The conversion must result in an
Detached from principal dwelling
from principal
independent unit. No interior doors or
units.
dwelling units
other connections between the units are
permitted.
19.112.040 Site Development Regulations for Non -Streamlined Accessory Dwelling Units.
A. This section shall govern applications for ADUs and JADUs that do not qualify for approval under
Section 19.112.030 or Government Code section 65852.2(e)(1) and for which the city may impose
local standards pursuant to Government Code section 65852.2, subdivisions (a) through (d). Nothing
in this section shall be interpreted to prohibit an ADU of up to 800 square feet, at the heights stated
in Section 19.112.030(A) and .030(B), with a four -foot side and rear setbacks.
B. The Development Standards for units governed by this section are provided in Section 19.112.040.
These. regulations do not limit the height of existing structures converted into ADU/JADUs unless
the envelope of the building is proposed to be modified beyond any existing legal, non -conforming
condition.
Table 19.112.040: Site Development Regulations for Non -Streamlined Accessory Dwelling Units
Created by New Construction andlor Additions to the Principal Dwelling Unit
Attached >800s.f.
Detached > 800 s.f.
A.
Number of
A maximum of three ADUs per single-family lot in any combination of the
Units
following, subject to the underlying zoning standards for lot coverage, floor area,
open space, and setback:
o No more than one attached ADU
o No more than one conversion of existing space ADU (whether
in principal dwelling unit or existing accessory structure),
o No more than one detached ADU, or
o No more than one Junior ADU
Nothing in this Section shall permit the development of more than three ADUs or
umor ADUs on any single-family lot. Non -streamlined ADU provisions cannot be
combined with streamlined provisions to add more than a total of three ADUs.
B.
Size of living space, exclusive of decks
1. Minimum
150 s.f.
size
Ordinance No. 23-2254
Page 21
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. is 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
Per the underlying zoning district,
The proposed structure must comply
except the required side and rear
with the setback standards for
setbacks are modified to four feet.
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
except 25 feet or the height limitations
with the height standards for
applicable to the principal dwelling,
accessory structures in Chapter
whichever is lower, within half a mile of
19.100, except that a maximum height
a major transit stop or transit corridor.
of 18 feet is allowed within half a mile
of a major transit stop or transit
corridor.
E.
Second -story
Allowed within half a mile of a major transit stop or transit corridor.
accessory
dwelling units
F.
Parking
1. Parking for
One additional off-street parking space shall be provided, if the principal
accessory
dwelling unit has less than the minimum off-street parking spaces for the
dwelling unit
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 within one block of a car share vehicle pick-up location; or
Ordinance No. 23-2254
Page 22
c. Located in an architecturally and historically significant historic
district; or
d. The occupant of the unit is not allowed/offered a required on -street
parking permit; or
e. Is part of the proposed or existing primary residence or an
accessory structure.
2. Replacement
No replacement parking spaces are required.
parking spaces
for existing
covered,
uncovered or
enclosed parking
spaces
converted to an
accessory
dwelling unit
G.
Direct outside
Independent outdoor access must be provided without going through the
access
principal dwelling unit.
H.
Screening from
All access to accessory dwelling units shall be on a different wall plane than the
public street
access to the principal dwelling unit.
I.
Structure
Should be compatible with the architectural style and materials of the principal
Design
structure.
J.
Separation from
The ADU must be an independent unit.
Detached from principal dwelling
principal
No interior doors or other connections
unit.
dwelling unit
between the ADU and the principal
dwelling unit are permitted.
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.
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.
19.112.060 Accessory Dwelling Units Prohibited on Certain Lots.
Notwithstanding Government Code Section 65852.2 or 65852.22 or any provision of this Chapter, no
accessory dwelling unit or a junior accessory dwelling unit shall be permitted on any lot in single-
Ordinance No. 23-2254
Page 23
family residence district (R-1 or RHS) if a lot split has been approved pursuant to Section 18.12.70 and one
or more residential units has been approved for construction pursuant to Section 19.28.150 or 19.40.090 -
(Government Code Section 65852.21).
Ordinance No. 23-2254 - An Ordinance of the
City Council of the City of Cupertino to Amend
Municipal Code Chapter 19.12 and Chapter
19.28 and Chapter 19-112 Regarding Two -Story
Permit and Accessory Dwelling Unit (ADU)
Laws
Final Audit Report 2024-02-23
Created: 2024-02-23
By: Araceli Alejandre (aracelia@cupertino.org)
Status: Signed
Transaction ID: CBJCHBCAABAAvNewT6BvGHOcC-uRcc-io2KicGWLgHz4
"Ordinance No. 23-2254 - An Ordinance of the City Council of th
e City of Cupertino to Amend Municipal Code Chapter 19.12 and
Chapter 19.28 and Chapter 19-112 Regarding Two -Story Permi
t and Accessory Dwelling Unit (ADU) Laws" History
Document created by Araceli Alejandre (aracelia@cupertino.org)
2024-02-23 - 7:22:58 PM GMT- IP address: 71.204.144.228
C'w Document emailed to christopherj@cupertino.org for signature
2024-02-23 - 7:30:57 PM GMT
1 Email viewed by christopherj@cupertino.org
2024-02-23 - 7:33:21 PM GMT- IP address: 104.47.74.126
6Q Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen
2024-02-23 - 7:33:33 PM GMT- IP address: 136.24.22.194
6o Document e-signed by Christopher D. Jensen (christopherj@cupertino.org)
Signature Date: 2024-02-23 - 7:33:35 PM GMT - Time Source: server- IP address: 136.24.22.194
Agreement completed.
2024-02-23 - 7:33:35 PM GMT
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