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PC 9-9-2025 Searchable PacketCITY OF CUPERTINO PLANNING COMMISSION AGENDA 10350 Torre Avenue, Council Chamber and via Teleconference Tuesday, September 9, 2025 6:45 PM Page 1 1 Planning Commission Agenda September 9, 2025 will advance the slides/share the documents during your oral comment . 2) Written communications as follows: A.E-mail comments to planningcommission@cupertino .gov B.Regular mail or hand delivered addressed to the: Cupertino Planning Commission, City Hall, 10300 Torre Avenue, Cupertino, CA 95014 C.Comments addressed to the Planning Commission received by 5:00 p.m. on the day of the meeting will be included in written communications published and distributed before the beginning of the meeting. D.Comments addressed to the Planning Commission received after the 5:00 p.m. deadline, but through the end of the Commission meeting, will be posted to the City ’s website by the end of the following business day. 3) Teleconference in one of the following ways: A.Online via Zoom on an electronic device (Audio and Video): Speakers must register in advance by clicking on the link below to access the meeting : https://cityofcupertino.zoom.us/webinar/register/WN_GwKNYp4RSDixJmmYOVD6uQ a.Registrants will receive a confirmation email containing information about joining the webinar. b.Speakers will be recognized by the name they use for registration . Once recognized, speakers must click ‘unmute’ when prompted to speak. c.Please read the following instructions about technical compatibility carefully : One can directly download the teleconference (Zoom) software or connect to the meeting in their internet browser. If a browser is used, make sure the most current and up-to-date browser, such as the following, is used: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers, including Internet Explorer . B.By Phone (Audio only): No registration is required in advance and speakers may join the meeting as follows: a.Dial 669-900-6833 and enter WEBINAR ID: 870 5482 9608 b.To “raise hand” to speak: Dial *9; When asked to unmute: Dial *6 c.Speakers will be recognized to speak by the last four digits of their phone number . C.Via an H.323/SIP room system: H.323 Information: 144.195.19.161 (US West) 206.247.11.121 (US East) Meeting ID: 870 5482 9608 SIP: 87054829608@zoomcrc.com Page 2 2 Planning Commission Agenda September 9, 2025 PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES 1.Subject: Approval of the July 22, 2025 Planning Commission Minutes Recommended Action: Approve the July 22, 2025 Planning Commission Minutes 1 - Draft Minutes POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Commission on any matter within the jurisdiction of the Commission and not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the Commission from making any decisions with respect to a matter not on the agenda. PUBLIC HEARINGS Effective January 1, 2023, Government Code Section 65103.5 (SB 1214) limits the distribution of copyrighted material associated with the review of development projects. Members of the public wishing to view plans that cannot otherwise be distributed under SB 1214 may make an appointment with the Planning Division to view them at City Hall by sending an email to planning@cupertino .org. Plans will also be made available digitally during the hearing to consider the proposal. 2.Subject: Consider Municipal Code Amendments to multiple chapters of the Municipal Code to make minor edits for clarity and consistency. (Application No.: MCA-2024-004; Applicant: City of Cupertino; Location: Citywide) Recommended Action: That the Planning Commission adopt the draft resolution (Attachment 1) recommending that the City Council adopt an ordinance to : Amend Chapters 14.15 (Landscape), 14.18 (Protected Trees), 18.20 (Parcel Maps), 18.52 (Hillside Subdivisions), 19.08 (Definitions), 19.12 (Administration), 19.16 (Designation and Establishment of Districts), 19.28 (Single Family R1 Zones), 19.36 (Multiple-Family R3 Zones), 19.38 (Multiple-Family R4 Zones), 19.40 (Residential Hillside RHS Zones), 19.44 (Residential Single-Family Cluster R1C Zones), 19.46 (Townhomes TH Combining District), 19.60 (General Commercial CG Zones), 19.100 (Accessory Structures), 19.102 (Glass and Lighting), 19.104 (Signs), 19.124 (Parking), and 19.132 (Sale of Alcoholic Beverages and Gasoline); and Find that the proposed actions are exempt from CEQA. Staff Report 1 - Draft Resolution 2 - Proposed Amendments (redlines with annotations) Page 3 3 Planning Commission Agenda September 9, 2025 OLD BUSINESS - None NEW BUSINESS 3.Subject: An update on the development of the Active Transportation Plan, including a summary of Phase 1 activities and an overview of what to expect during Phase 2. Recommended Action: Receive an update on the development of the Active Transportation Plan and provide feedback on the draft project prioritization criteria Staff Report 1 - Draft Prioritize Criteria STAFF AND COMMISSION REPORTS This portion of the meeting is reserved for staff to provide any updates on matters pertinent to the Commission and for Commissioners to report on any Commission related activities they have taken part in since the prior regularly scheduled meeting. FUTURE AGENDA SETTING This portion of the meeting is reserved for the Chair or any two Commissioners to propose a future agenda item within the jurisdiction of the Commission. A proposal to add a future agenda item shall be brief and without discussion by the Commission. ADJOURNMENT If you challenge the action of the Planning Commission in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this agenda, or in written correspondence delivered to the City of Cupertino at, or prior to, the public hearing. In the event an action taken by the Planning Commission is deemed objectionable, the matter may be officially appealed to the City Council in writing within fourteen (14) days of the date of the Commission’s decision. Said appeal is filed with the City Clerk (Ordinance 632). In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request in advance by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Any writings or documents provided to a majority of the Planning Commission after publication of the packet will be made available for public inspection in the Community Development Department located at City Hall, 10300 Torre Avenue, Cupertino, California 95014 during normal business hours and in Planning packet archives linked from the agenda/minutes page on the City web site . Page 4 4 Planning Commission Agenda September 9, 2025 IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section 2.08.100, written communications sent to the City Council, Commissioners or staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City website and kept in packet archives. Do not include any personal or private information in written communications to the City that you do not wish to make public, as written communications are considered public records and will be made publicly available on the City website. For questions on any items in the agenda, or for documents related to any of the items on the agenda, contact the Planning Department at (408) 777 3308 or planning@cupertino.org. Page 5 5 CITY OF CUPERTINO Agenda Item 25-14273 Agenda Date: 9/9/2025 Agenda #: 1. Subject: Approval of the July 22, 2025 Planning Commission Minutes Approve the July 22, 2025 Planning Commission Minutes CITY OF CUPERTINO Printed on 9/4/2025Page 1 of 1 powered by Legistar™6 DRAFT MINUTES CUPERTINO PLANNING COMMISSION Tuesday, July 22, 2025 At 6:45 p.m. Chair Santosh Rao called the Regular Planning Commission meeting to order and led the Pledge of Allegiance in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue and via teleconference. ROLL CALL Present: Chair Santosh Rao, Vice Chair Tracy Kosolcharoen, and Commissioners David Fung, Steven Scharf and Seema Lindskog (participated remotely). Absent: None. APPROVAL OF MINUTES 1. Subject: Approval of the July 8, 2025 Planning Commission Minutes Recommended Action: Approve the July 8, 2025 Planning Commission Minutes MOTION: Kosolcharoen moved and Scharf seconded to approve the July 8, 2025 Planning Commission Minutes. The motion passed with the following vote: Ayes: Rao, Kosolcharoen, Scharf, Lindskog. Noes: None. Abstain: Fung. Absent: None. POSTPONEMENTS – None ORAL COMMUNICATIONS Vic Menor spoke about Tessellations School, expressing concerns about the conditional use permit, which would expand the school’s enrollment cap and add three grades to the high school. Pinaki Mukerji gave background on the conditional use permit granted to Tessellations School and how it related to parking. Bindeeya Desar discussed traffic concerns related to the conditional use permit for Tessellations School. She asked the school to work with neighbors and the city to fix current traffic problems and to limit enrollment to 300 students. Ravi Kumar raised concerns related to Tessellations School, including traffic jams, blocked access, speeding and reckless driving, and safety risks for children. He highlighted how these issues affect the livability and safety of the neighborhood. 7 Planning Commission Minutes July 22, 2025 Bonny Libby discussed parking issues created by Tessellations School, including parents parking in the neighborhood instead of using the drop-off line, which creates pedestrian hazards, an inadequate number of traffic directors, and the need to limit event parking with City monitoring for compliance. Meera Natesan spoke about Tessellations School’s expansion plans for a high school. She asked the school to stick to the plans outlined in the original conditional use permit to prevent traffic problems and to avoid high school students driving to school and parking on neighborhood streets. Carl Fong recommended that Tessellations School adopt parking and traffic measures used by other schools, including no-standing zones, street parking bans, and strict enforcement. He proposed capping enrollment at 300, returning to a K–8 model, and making monitoring and enforcement part of the conditional use permit. Jennifer Griffin discussed SB79 upzoning issues, concerns that Stevens Creek Blvd was one of the places which would be affected, and worries about how this would impact her home. She also expressed concerns about the federal government, the governor, and legislators. Commissioners made comments and asked staff questions, which staff responded to. STUDY SESSION 2. Subject: Study Session: Sample Objective Design Standards Recommended Action: That the Planning Commission provide feedback and recommendations regarding a sample group of objective design standards (see Attachment 1) for new multifamily and residential mixed-use development. Planning Manager Ghosh introduced Greg Goodfellow, Senior Associate II at PlaceWorks, who gave a presentation. Commissioners asked questions which staff and the presenter responded to. Chair Rao opened the public comment period and the following people spoke: • Jennifer Griffin • Lisa Warren • Sridhar • Peggy Griffin Chair Rao closed the public comment period. 8 Planning Commission Minutes July 22, 2025 Commissioners provided the following feedback and recommendations: • Reviewing Objective Design Standards (ODS) from other cities, like Palo Alto, to guide Cupertino’s approach, focusing on simplicity, clarity, and alignment with existing plans such as the Heart of the City Plan. • Leveraging PlaceWorks’ expertise, presenting the ODS in public-friendly formats like checklists, and conducting outreach to both the community and applicants for meaningful feedback. • Simplifying technical language, improving consistency with the Municipal Code, and balancing practical design requirements with guiding narrative in the final draft. PUBLIC HEARINGS – None NEW BUSINESS – 3. Subject: Selection of Economic Development Committee Representative Recommended Action: Select a representative to the Economic Development Committee for appointment by City Council. Planning Manager Ghosh gave a staff report. Commissioners asked questions which staff responded to. Chair Rao opened the public comment period and the following people spoke: • Jennifer Griffin Chair Rao closed the public comment period. MOTION: Kosolcharoen moved to nominate Chair Rao as the Economic Development Committee Representative. Chair Rao declined the nomination. The Commission did not vote on this motion. MOTION: Scharf moved and Rao seconded to select Vice Chair Kosolcharoen as the Economic Development Committee Representative. The motion passed with the following vote: Ayes: Rao, Kosolcharoen, Scharf, Fung, Lindskog. Noes: None. Abstain: None. Absent: None. STAFF AND COMMISSION REPORTS – 9 Planning Commission Minutes July 22, 2025 Planning Manager Ghosh discussed a new project application received on Bandley Dr. and stated that the major project’s website was updated. FUTURE AGENDA SETTING – None ADJOURNMENT At 9:07 p.m. Chair Rao adjourned the Regular Planning Commission Meeting. Minutes prepared by: Lindsay Nelson, Administrative Assistant 10 CITY OF CUPERTINO Agenda Item 25-14275 Agenda Date: 9/9/2025 Agenda #: 2. Subject:Consider Municipal Code Amendments to multiple chapters of the Municipal Code to make minor edits for clarity and consistency.(Application No.:MCA-2024-004;Applicant:City of Cupertino; Location: Citywide) That the Planning Commission adopt the draft resolution (Attachment 1)recommending that the City Council adopt an ordinance to: 1.Amend Chapters 14.15 (Landscape), 14.18 (Protected Trees), 18.20 (Parcel Maps), 18.52 (Hillside Subdivisions), 19.08 (Definitions), 19.12 (Administration), 19.16 (Designation and Establishment of Districts), 19.28 (Single Family R1 Zones), 19.36 (Multiple-Family R3 Zones), 19.38 (Multiple-Family R4 Zones), 19.40 (Residential Hillside RHS Zones), 19.44 (Residential Single-Family Cluster R1C Zones), 19.46 (Townhomes TH Combining District), 19.60 (General Commercial CG Zones), 19.100 (Accessory Structures), 19.102 (Glass and Lighting), 19.104 (Signs), 19.124 (Parking), and 19.132 (Sale of Alcoholic Beverages and Gasoline); and 2. Find that the proposed actions are exempt from CEQA. CITY OF CUPERTINO Printed on 9/4/2025Page 1 of 1 powered by Legistar™11 PLANNING COMMISSION STAFF REPORT Meeting: September 9, 2025 SUBJECT Consider Municipal Code Amendments to multiple chapters of the Municipal Code to make minor edits for clarity and consistency. (Application No.: MCA-2024-004; Applicant: City of Cupertino; Location: Citywide) RECOMMENDED ACTIONS That the Planning Commission adopt the draft resolution (Attachment 1) recommending that the City Council adopt an ordinance to: 1. Amend Chapters 14.15 (Landscape), 14.18 (Protected Trees), 18.20 (Parcel Maps), 18.52 (Hillside Subdivisions), 19.08 (Definitions), 19.12 (Administration), 19.16 (Designation and Establishment of Districts), 19.28 (Single Family R1 Zones), 19.36 (Multiple-Family R3 Zones), 19.38 (Multiple-Family R4 Zones), 19.40 (Residential Hillside RHS Zones), 19.44 (Residential Single-Family Cluster R1C Zones), 19.46 (Townhomes TH Combining District), 19.60 (General Commercial CG Zones), 19.100 (Accessory Structures), 19.102 (Glass and Lighting), 19.104 (Signs), 19.124 (Parking), and 19.132 (Sale of Alcoholic Beverages and Gasoline); and 2. Find that the proposed actions are exempt from CEQA. DISCUSSION Background Periodically, language in the Municipal Code is reviewed for consistency with changes in State law and internal policies, as well as to make clarifications and corrections to generally improve the administration of City business. In October 2024, a number of State bills were signed into law affecting the City’s review process for residential projects in the upcoming year. In particular, Senate Bill 450 (“SB 450”) limits, in part, the City’s ability to apply development standards to Senate Bill 9 (“SB 9”) projects (i.e. duplex development and two-lot subdivisions in single-family zoning districts) that are not generally applied to development in the same zoning district. Therefore, updates to the requirements for both single-family residential development and SB 9 projects have been incorporated to address this update to State law which went into effect on January 1, 2025. 12 MCA-2024-004 September 9, 2025 Amendments to Cupertino Municipal Code Page 2 Attachments 1 and 2 present proposed amendments to the Municipal Code. The following analysis outlines the Municipal Code chapters that contain proposed minor corrections and edits for consistency, readability, and clarity. It also presents additional information on the changes to the Municipal Code that are proposed to create consistency with State law and internal policies. The proposed amendments are identified with strikethroughs and underlines, as appropriate, in Attachment 2. Note that language that has been moved is indicated in green text with double underlines and/or strikethroughs. Analysis Chapter 14.15 – Landscape Ordinance Chapter 14.15 was revised to reflect that a Landscape Documentation Package is required for projects with a landscape area of equal to or greater than 2,500 square feet, consistent with California Code of Regulations Title 23, § 490.1. Chapter 14.18 – Protected Trees Revisions to the order of sections in Chapter 14.18 are proposed to improve readability and minor changes to the replacement tree guidelines and privacy screening maintenance requirements are proposed to create consistency with the standards in the Zoning Ordinance. Additionally, minor changes are proposed to clarify and incorporate processing standards, including a notation of the requirement that arborist reports be peer reviewed. Chapter 18.20 – Parcel Maps Updates are proposed to outline the requirements for parcel maps required for ministerial subdivisions of single-family lots. The updates are intended to aid in a more consistent and transparent application of these standards. An additional section has been added to incorporate subdivision standards for two-lot subdivisions in Single-Family Residential zones (i.e. R1 and RHS). These standards were previously included in the R1 and RHS chapters for subdivisions under SB9. Under the new section, these standards would apply to all two-lot subdivisions in the R1 and RHS zoning districts. Chapter 18.52 – Hillside Subdivisions A reference to the newly added section in Chapter 18.20 for two-lot subdivisions in Single-Family Residential zones was added. Chapter 19.08 – Definitions Modifications to the definitions provided in the Zoning Ordinance are proposed to address minor typos and to further clarify the definition s of Floor Area, Lot Area, and Setback Line. Additionally, definitions of “Balcony,” “Deck,” “Front Entry Porch,” 13 MCA-2024-004 September 9, 2025 Amendments to Cupertino Municipal Code Page 3 “Height, Entry Feature,” and “Porch” have been proposed to ensure that there is consistent application of standards related to entry feature encroachment into the front yard setback area and the design of front entry features. Chapter 19.12 – Administration Amendments are proposed to update internal references, address minor typos, and to update the requirements for noticing to reflect the restrictions of California Government Code Section 65103.5. Additionally, a new standard has been added to address the City’s policy for deeming inactive any permits that have been inactive, i.e. having provided no response, for at least 180 days. A new standard has also been added to address the proposed demolition of residential units where no replacement units are proposed. This will aid in a more transparent and consistent review process. Chapter 19.16 – Designations and Establishment of Districts An update to Chapter 19.16 is proposed to remove an outdated reference that was inadvertently overlooked during the 2011 Municipal Code reordering. Chapter 19.28 – Single-Family Residential (R1) Zones Section 19.28.060 - Site Development Regulations and Section 19.28.070 – Building Development Regulations Updates are proposed to clarify objective language and update standa rds for single- family residential design to reflect changes to State law made through SB 450. This includes removing or rewording some standards that were originally only applicable to SB 9 developments and subdivisions. Where possible, the standards for SB 9 subdivisions have been relocated to the newly incorporated section for two-lot subdivisions in Chapter 18.52. Updates also include expanded development requirements for all R1 developments that were previously applicable only to SB 9 developments and subdivisions. As required by State law, newly proposed or modified standards are objectively worded. Additional amendments to these sections are proposed to clarify review processes, update references, and to address minor typos. Section 19.28.090 - Site Development Regulations Revisions are proposed to clarify the second to first floor area ratio standard in the R1 -a zoning district and to update a reference. Additionally, expanded development requirements for all R1-a developments are included that had previously been applicable only to SB 9 developments to meet the requirements of SB 450. Section 19.28.110 - Single-Family Residential Design Guidelines and Principles 14 MCA-2024-004 September 9, 2025 Amendments to Cupertino Municipal Code Page 4 The design guidelines have been updated to reflect changes to State law made through SB 450. This includes expanded development requirements for all R1 developments that were previously applicable only to SB 9 developments and subdivisions. As required by State law, newly proposed or modified standards are objectively worded. Additionally, some design standards have been edited to ensure consistency in project review and to clarify applicability. Section 19.28.120 – Landscape Requirements Modifications to the landscape requirements for single-family residential development have been proposed to make standards consistent with language used elsewhere in this chapter and in Chapter 14.18, to reflect the changes to State law made through SB450, and to add objective language to existing standards to make them consistent with current review practices. Specifically, additional clarification has been added to the requirements for front yard and privacy screening trees associated with new second story residences or additions. Section 19.28.150 - Ministerial Approval of Up to Two Units The standards for projects proposing development under SB9 in R1 zoning districts, as outlined in this section, have been updated to reflect changes to State law made through SB450. Specifically, the standards have either been relocated to other portions of this chapter to apply to all R1 development (see Section 19.28.060 and 19.28.070) or removed if determined to pose a potential conflict with existing R1 development or design standards. References to these sections have been added to clarify applicability for SB 9 projects. Proposed amendments also incorporate existing R1 development standards for basements and balconies which were previously not allowed in SB9 development, but would now be allowed, in conformance with the requirements of SB 450. Chapter 19.36 – Multiple-Family Residential (R3) Zones Two minor edits are proposed to this chapter to address typos. Chapter 19.38 – Multiple-Family Residential (R4) Zones One minor edit is proposed to this chapter to address a typo. Chapter 19.40 – Residential Hillside (RHS) Zones Section 19.40.040 – Application Requirements A minor edit is proposed to clarify the information needed on site plans for residential hillside projects. 15 MCA-2024-004 September 9, 2025 Amendments to Cupertino Municipal Code Page 5 Section 19.40.050 - Site Development Regulations Updates are proposed to clarify objective language and update standards for residential hillside project design to reflect changes to State law made through SB 450. This includes removing some standards that were originally only applicable to SB 9 developments and subdivisions. Where possible, the standards for SB 9 subdivisions have been relocated to the newly incorporated section for two-lot subdivisions in Chapter 18.20. Additional amendments to this section are proposed to update references and address minor typos. Section 19.40.060 - Site Development Regulations Modifications to this section are proposed to address: 1) an inadvertent change to standards for lots less than 10,000 square feet in size, 2) to clarify the slope adjustment factor for slopes exceeding 30%, and 3) to reflect changes to State law made through SB450. This includes the expansion of development requirements for all RHS developments that were previously applicable only to SB9 developments and subdivisions. As required by State law, newly proposed or modified standards are objectively worded. Section 19.40.090 - Ministerial Approval of Up to Two Units The standards for projects proposing development under SB9 in the RHS zoning district, as outlined in this section, have been updated to reflect changes to State law made through SB450. Specifically, the standards have either been relocated to other portions of this chapter to apply to all RHS development (see Section 19.40.060) or removed if determined to pose a potential conflict with existing RHS development or design standards. Proposed amendments also incorporate existing RHS development standards for basements and balconies, features which were previously not allowed in SB9 developments. Chapter 19.44 – Residential Single-Family Cluster (R1C) Zones One minor edit is proposed to this chapter to update a reference. Chapter 19.46 – Townhome (TH) Combining District One minor edit is proposed to this chapter to address a typo. Chapter 19.60 – General Commercial (CG) Zones Minor edits are proposed to this chapter to update references. Chapter 19.100 – Accessory Buildings/Structures 16 MCA-2024-004 September 9, 2025 Amendments to Cupertino Municipal Code Page 6 Two minor edits are proposed to this chapter to address a typo and to add a clarification for a standard’s applicability, and an additional standard has been copied from the requirements for SB9 developments to ensure consistency with SB450. Chapter 19.102 – Glass and Lighting Standards One minor edit is proposed to this chapter to clarify the applicability of standards. Chapter 19.104 – Signs Minor edits are proposed to this chapter to update references, correct typos, and to clarify how certain standards are applied. Chapter 19.124 – Parking Regulations Minor edits are proposed to this chapter to update references and to clarify how certain standards are applied. Chapter 19.132 – Concurrent Sale of Alcoholic Beverages and Gasoline A reference to the appropriate findings for Use Permits is proposed. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) The proposed ordinance revisions are not a project within the meaning of section 15378 of the California Environmental Quality Act (“CEQA”) Guidelines because they have no potential for resulting in physical changes in the environment, either directly or indirectly; and 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 t he environment. PUBLIC NOTICING & OUTREACH The following noticing has been conducted for this project: Notice of Public Hearing, Site Notice & Legal Ad Agenda  Legal ad placed in newspaper (at least 10 days prior to hearing)  Display ad placed in newspaper (at least 10 days prior to hearing)  Posted on the City's official notice bulletin board (five days prior to hearing)  Posted on the City of Cupertino’s Web site (five days prior to hearing) PUBLIC COMMENTS As of the posting of this Staff Report, no public comments have been received. 17 MCA-2024-004 September 9, 2025 Amendments to Cupertino Municipal Code Page 7 NEXT STEPS The recommendations made by the Planning Commission will be forwarded to the City Council for consideration at the October 7, 2025 meeting. Prepared by: Emi Sugiyama, Associate Planner Reviewed by: Gian Martire, Acting Planning Manager Approved for Submission by: Luke Connolly, Assistant Director of Community Development Attachments: 1 – Draft Resolution 2 – Proposed Amendments (redlines with annotations) 18 Page 1 of 60 RESOLUTION NO. 2025-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE TO AMEND MULTIPLE CHAPTERS OF THE MUNICIPAL CODE TO MAKE MINOR TEXT EDITS FOR IMPROVED CLARITY AND CONSISTENCY The Planning Commission recommends that the City Council: 1. Determine that Project is exempt under the requirements of the California Quality Act of 1970, together with related State CEQA Guidelines (collectively, “CEQA”) 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. CEQA applies only to projects which have the potential of causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the amendments to the City Code would have no or only a de minimis impact on the environment. The foregoing determination is made by the City Council in its independent judgment. 2. Adopt the proposed amendments to the Municipal Code as indicated in Exhibit A. PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of Cupertino this 9th day of September, 2025, by the following roll call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: Piu Ghosh Santosh Rao Planning Manager Chair, Planning Commission 19 Page 2 of 60 ORDINANCE NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE TO AMEND MULTIPLE CHAPTERS OF THE MUNICIPAL CODE TO MAKE MINOR TEXT EDITS FOR IMPROVED CLARITY AND CONSISTENCY The City Council of the City of Cupertino finds that: 1. WHEREAS, the City Council desires to have objective standards applicable to projects that are clear and understandable to ensure orderly development; and 2. WHEREAS, the Ordinance amends the City's Municipal Code as set forth in Exhibit A to clarify the development standards to be applied to two-lot subdivisions and duplex development, and to clarify existing standards within the Municipal Code to better align with internal policies and practices ; and 3. WHEREAS, the Ordinance is consistent with the City's General Plan and the public health, safety, convenience, and general welfare; and 4. WHEREAS, 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. CEQA applies only to projects which have the potential of causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the amendments to the City Code would have no or only a de minimis impact on the environment. The foregoing determination is made by the City Council in its independent judgment; and 5. WHEREAS, following necessary public notices given as required by the procedural ordinances of the City of Cupertino and the Government Code, the Planning Commission held a public hearing on September 9, 2025 to consider the Ordinance; and 6. WHEREAS, on September 9, 2025, by Resolution 2025-XX, the Planning Commission recommended on a unanimous vote that the City Council adopt the proposed Municipal Code Amendment to clarify development standards; and 7. WHEREAS, on October 7, 2025, upon due notice, the City Council has held at least one public hearing to consider the Municipal Code Amendment; and 8. WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Ordinance. 20 Page 3 of 60 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 Exhibit 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, th ese provisions shall be construed as continuations of those provisions and not as an amendment to or readoption of the earlier provisions. SECTION 3: California Environmental Quality Act. Determine that Project is exempt under the requirements of the California Environmental Quality Act (CEQA) of 1970, and CEQA Guidelines (collectively, “CEQA”) 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. CEQA applies only to projects which have the potential of causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the amendments to the City Code would have no or only a de minimis impact on the environment. The foregoing determination is made by the City Council in its independent judgment. SECTION 4: Effective Date. This Ordinance shall take effect thirty days after adoption as provided by Government Code Section 36937. 21 Page 4 of 60 SECTION 5: 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 October 7, 2025 and ENACTED at a regular meeting of the Cupertino City Council on October 21, 2025 by the following vote: Members of the City Council AYES: NOES: ABSENT: ABSTAIN: 22 Page 5 of 60 SIGNED: Liang Chao, Mayor City of Cupertino Date ATTEST: Kirsten Squarcia, City Clerk Date APPROVED AS TO FORM: Floy Andrews, City Attorney Date 23 Page 6 of 60 EXHIBIT A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO TO AMEND MULTIPLE CHAPTERS OF THE MUNICIPAL CODE TO MAKE MINOR TEXT EDITS FOR IMPROVED CLARITY AND CONSISTENCY The sections of the Cupertino Municipal Code set forth below are amended or adopted as follows: Text added to existing provisions is shown in bold double‐underlined text (example) and text to be deleted is shown in strikethrough (example). Text in existing provisions is not amended or readopted by this Ordinance. Text in italics is explanatory and is not an amendment to the Code. Chapter 14.15 1. Update to Section 14.15.020 (A) (1) – Table 14.15.020 to reflect that a Landscape Documentation Package is required for projects with a landscape area of equal to or greater than 2,500 square feet, consistent with CCR Title 23, § 490.1: Type of Permit Total Landscape Area Requirement Building Permits New home in R1, RHS, A1 or R2 Zones < 500 s.f. Prescriptive Compliance Application (Appendix A) - Informational only 500 s.f. - 2,500 499 s.f. Prescriptive Compliance Application (Appendix A) or Landscape Documentation Package (Sec. 14.15.050) > ≥ 2,500 s.f. Landscape Documentation Package (Sec. 14.15.050) Planning Permit or Grading Permit New home in R1, RHS, A1 or R2 Zones <500 s.f. Prescriptive Compliance Application (Appendix A) - Informational only 500 s.f. - 2,500 499 s.f. Prescriptive Compliance Application (Appendix A) or Landscape Documentation Package (Sec. 14.15.050) > ≥ 2,500 s.f. Landscape Documentation Package (Sec. 14.15.050) 24 Page 7 of 60 Commercial, industrial, office, multiple-family residential, townhome, public and institutional projects ≤ < 2,500 s.f. Prescriptive Compliance Application (Appendix A) or Landscape Documentation Package (Sec. 14.15.050) > ≥ 2,500 s.f. Landscape Documentation Package (Sec. 14.15.050) Any landscape installation or rehabilitation project < 2,500 s.f. Prescriptive Compliance Application (Appendix A) - Informational only > ≥ 2,500 s.f. Landscape Documentation Package (Sec. 14.15.050) New and rehabilitated cemeteries >0 s.f. Water Budget Worksheet (Appendix B) Landscape and Irrigation Maintenance Schedule (Sec. 14.15.120) Landscape Installation Report (Sec. 14.15.130) Existing and established landscapes, including cemeteries >1 acre Water Budget Worksheet (Appendix B) Audit of Established Landscapes (Sec. 14.15.150) Chapter 14.18 2. Reorder Chapter 14.18 to improve readability: 14.18.010 Purpose. 14.18.020 Definitions. 14.18.0340 Actions Prohibited. 14.18.04180 Retention Promoted. 14.18.0530 Protected Trees. 14.18.2060 Plan of Protection. 14.18.07150 Heritage Tree Designation. 14.18.08160 Heritage Tree List. 14.18.09170 Heritage Tree Identification Tag. 14.18.1090 Recordation. 14.18.11070 Application and Approval Authority for Tree Removal Permit. 14.18.12080 Action by Director. 14.18.13090 Notice and Posting. 14.18.140 Tree Management Plan. 14.18.15060 Exemptions. 14.18.1600 Tree Replacement. 14.18.1730 Retroactive Tree Removal Permit. 14.18.010 Purpose. 14.18.020 Definitions. 14.18.030 Protected Trees. 14.18.040 Actions Prohibited. 14.18.050 Penalty. 14.18.060 Exemptions. 14.18.070 Application and Approval Authority for Tree Removal Permit. 14.18.080 Action by Director. 14.18.090 Notice and Posting. 14.18.100 Tree Replacement. 14.18.110 Review, Determination and Findings. 14.18.120 Notice of Action on Permit - Appeal. 14.18.130 Retroactive Tree Removal Permit. 14.18.140 Tree Management Plan. 14.18.150 Heritage Tree Designation. 14.18.160 Heritage Tree List. 14.18.170 Heritage Tree Identification Tag. 14.18.180 Retention Promoted. 25 Page 8 of 60 14.18.1810 Review, Determination and Findings. 14.18.1920 Notice of Action on Permit - Appeal. 14.18.2010 Protection During Construction. 14.18.2120 Protection Plan Before Demolition, Grading or Building Permit Granted. 14.18.22050 Penalty. 14.18.190 Recordation. 14.18.200 Plan of Protection. 14.18.210 Protection During Construction. 14.18.220 Protection Plan Before Demolition, Grading or Building Permit Granted. 3. Update Section 14.18.100 (previously Section 14.18.160) - Replacement Tree Guidelines for consistency with Section 14.18.030. Diameter of Trunk Size of Removed Tree (Measured 4½ feet above grade) Replacement Trees Up to 12 inches* One 24" box tree Over 12 inches and up to 36 18 inches Two 24" box trees or One 36" box tree Over 18 inches and up to 36 inches Over 36 inches One 36" box tree Heritage tree One 48" box tree * Does not apply to R1, A1, A, RHS, and R2 zones except to approved development trees(s), and approved required privacy protection plantings trees in R-1 zones. 4. Modify Section 14.18.200 (B) (previously Section 14.18.060 (B)) to clarify standards and ensure consistency with Zoning Ordinance: B. Privacy planting in R-1 zoning districts shall be maintained by the property owner of the lot on which the privacy planting specimens are located. Landscape planting maintenance includes irrigation, fertilization, and pruning, as necessary, to yield a growth rate expected for a particular species. Where existing privacy plantings are approved for removal or dies, replacement privacy trees must be planted it must be replaced within thirty days with in the same location, size and with the same species, and of the same size as the tree(s) being replaced, unless the location, species, or size is determined to be infeasible by the Director of Community Development. If an alternative location is proposed due to infeasibility of replanting in the same location, as determined by the Director, the alternative location must continue to provide screening of the privacy viewshed, as defined in Section 19.28.120 (C) (2) (a).described in Ordinance No. 1799 (privacy protection) and its appendix. The affected property owner, with privacy protection planting on his or her lot, is required to maintain the required planting and shall be required to comply with Section 14.18.100. 26 Page 9 of 60 5. Update references in Section 14.18.020 to reflect re-ordered sections: N. “Protected tree” means any class of tree specified in Section 14.18.0530. P. “Specimen tree” means any class of tree specified in Section 14.18.0530 (B). T. “Tree removal permit” means a permit for tree removal of any protected trees pursuant to Section 14.18.0530. 6. Update references in Section 14.18.040 (B) (previously Section 14.18.030 (B)) to reflect re- ordered sections: B. It is unlawful to remove any protected tree in any zoning district without first obtaining a tree removal permit as required by Section 14.18.11070, unless a permit is not required per Section 14.18.15060. 7. Update references in Section 14.18.030 (previously Section 14.18.050) to reflect re-ordered sections: Except as otherwise provided in Section 14.18.1730, the following trees shall not be removed without first obtaining a tree removal permit: 8. Update references in Section 14.18.150 (B) (previously Section 14.18.070 (B)) to reflect re- ordered sections: B Application. In addition to requirements of Section 14.18.11070, an application for a heritage tree designation shall include: 9. Update references in Section 14.18.190 (previously Section 14.18.100) to reflect re-ordered sections and to make timelines consistent with current processes: Heritage trees, privacy plantings, and approved development trees are required to be retained as part of an application under Section 14.18.0530C. and Section 14.18.0530D. and shall have retention information placed on the property deed via a conservation easement in favor of the City, private covenant, or other method as deemed appropriate by the Director. The recordation shall be completed by the property owner prior to final map or final building permit inspectionissuance, or at a time as designated by the Director of Community Development when not associated with a final map or final building permit inspectionissuance. 27 Page 10 of 60 10. Update references in Section 14.18.070 (previously Section 14.18.110) to reflect re-ordered sections: No person shall directly or indirectly remove or cause to be removed any protected tree without first obtaining a tree removal permit, unless such tree removal is exempt per Section 14.18.15060. An application for a tree removal permit shall be filed with the Department of Community Development and shall contain the following information based on the size and type of the protected tree: … c. Notice and posting per Section 14.18.13090. … B. Maximum tree removal cap. In the R1, A1, A, RHS, and R2 zones, an applicant may remove up to six mature specimen trees or five percent of mature specimen trees on the property (whichever is greater) with a single-trunk between twelve and twenty-four inches (multi-trunk between twenty-four and forty-eight inches) within a thirty-six month period. The thirty-six month period will start from the date of the approved tree removal permit. Applications requesting to remove additional trees within a thirty-six month period will require an arborist report and notification per Section 14.18.13090. … 1. The Director of Community Development shall have the final review and determination on applications for protected tree removals in accordance with Section 14.18.12080; except for heritage tree removals and tree removals in conjunction with development applications. The Director of Community Development may refer the application to the Planning Commission another approval authority for a report and recommendation. 11. Update references in Section 14.18.080 (previously Section 14.18.120) to reflect re-ordered sections: Upon receipt of a complete tree removal permit application, the Director of Community Development or his or her authorized representative will: A. Review the application pursuant to Section 14.18.1810; B. At the Director’s discretion, conduct a site visit, within fourteen days, to inspect the tree(s) for which removal is requested. Priority of inspection shall be given to those requests based on hazard or disease; and C. Send notices or schedule a hearing in accordance with requirements in Section 14.18.13090 and Chapter 19.12. 12. Update references in Section 14.18.090 (previously Section 14.18.130) to reflect re-ordered sections: 28 Page 11 of 60 A. Notice and posting shall be provided as indicated in Sections 19.12.030 and 19.12.110F for the following tree removal permits: 1. Mature specimen trees with single trunk over twenty-four inches DBH or for multi- trunk over forty-eight inches DBH; 2. Heritage trees; 3. Privacy planting trees; 4. Approved development trees; and 5. Mature specimen trees exceeding the maximum tree removal cap (Section 14.18.11070B). B. Where approval of a tree removal permit that is subject to the notice and posting requirements of this section is granted by the City, the property owner shall retain the posted notice on site until the tree is removed. C. Specimen trees with single trunk under twenty-four inches DBH or multi-trunk under forty-eight inches DBH, and trees listed under exemptions in Section 14.18.15060 do not require notice or posting. 13. Update references in Section 14.18.140 to reflect re-ordered sections: 7. Notice and posting to residence, Section 14.18.13090. … C. Recordation. The property owner shall have retention information placed on the property in accordance with Section 14.18.1090, referring to the approved tree management plan, upon approval. 14. Update references in Section 14.18.060 (B) (previously Section 14.18.150 (B)) to reflect re- ordered sections: B. The following circumstances warrant the removal of trees prior to securing a permit from the City; however, a tree removal permit application, with no application fees or noticing required, must be filed within five working days as described in Sections 14.18.1730. Tree replacements may be required in conjunction with approval of this tree removal permit (Section 14.18.1600): 1. Removal of a protected tree in case of emergency caused by the hazardous or dangerous condition of a tree, requiring immediate action for the safety of life or property, including but not limited to, (e.g., a tree about to fall onto a principle dwelling due to heavy wind velocities, a tree deemed unsafe, or a tree having the potential to immediately damage existing or proposed essential structures), but only upon order of the Director of Community Development, or any member of the sheriff or fire department. However, a subsequent application for tree removal must be filed within five working days as described in Sections 14.18.11070 through 14.18.12080. The Director 29 Page 12 of 60 of Community Development will approve the retroactive tree removal permit application and may require tree replacements in conjunction with the approval. No application fee or other approval process shall be required in this situation. 2. Dead trees, as determined by the Director of Community Development prior to removal. However, a subsequent application for a tree removal must be filed within five working days as described in Section 14.18.11070 through 14.18.12080. The Director of Community Development will approve the retroactive tree removal permit application and may require tree replacements in conjunction with the approval. No application fee or other approval process shall be required in this situation. 15. Update references in Section 14.18.100 (previously Section 14.18.160) to reflect re-ordered sections: 1. The approval authority may impose the following replacement standards for approval of each tree to be removed in conjunction with an approved tree removal permit, unless deemed otherwise by the approval authority. Table 14.18.1600A may be used as a basis for this requirement. Table 14.18.1600A - Replacement Tree Guidelines 16. Update references in Section 14.18.110 (D) (previously Section 14.18.180 (D)) to reflect re- ordered sections: D. The approval authority may require tree replacement(s) or accept a tree replacement in- lieu fee per Section 14.18.1600 in conjunction with a tree removal permit. 17. Update references in Section 14.18.220 (previously Section 14.18.210) to reflect re-ordered sections: A. A plan to protect trees described in Section 14.18.2010 shall be submitted to the Director of Public Works and to the Director of Community Development prior to issuance of a demolition, grading or building permit. The plan shall be prepared and signed by a licensed landscape architect or arborist certified by the International Society of Arboriculture and shall be approved by the Director of Community Development. The Director of Community Development shall evaluate the tree protection plan based upon the tree protection standards contained in Appendix A at the end of this chapter. 18. Update references in Section 14.18.050 (previously Section 14.18.220) to reflect re-ordered sections: 30 Page 13 of 60 Violation of this chapter is deemed an infraction unless otherwise specified. Any person or property owners, or his or her agent or representative who engages in tree cutting or removal without a valid tree removal permit is guilty of an infraction as outlined in Chapter 1.12 of this code and/or may be required to comply with Sections 14.18.1600 and 14.18.1730. 19. Update references in Chapter 14.18 Appendix A to reflect re-ordered sections: The purpose of this appendix is to outline standards pertaining to the protection of trees described in Section 14.18.2010 and Section 14.18.2120 of Chapter 14.18. The standards are broad. A licensed landscape architect or International Society of Arboriculture certified arborist shall be retained to certify the applicability of the standards and develop additional standards as necessary to ensure the property care, maintenance, and survival of trees designated for protection. 20. Update references in Chapter 14.18 Appendix B to reflect re-ordered sections: REFERENCE PHOTOS OF SPECIMEN TREES PROTECTED IN ACCORDANCE WITH SECTION 14.18.0530B 21. Update Section 14.18.030 (C) (previously Section 14.18.050 (C)) for clarification of applicability: C. Approved development trees(s), including trees on properties in a Planned zoning designation. 22. Update references in Section 14.18.070 (A) (2) (b) (previously Section 14.18.110) to clarify review requirements: b. An arborist report from an arborist certified by the International Society of Arboriculture, subject to third-party peer review under the direction of the City at the applicant’s cost, or a deposit for preparation of an arborist report by a City contracted arborist. Chapter 18.20 23. Add Section 18.20.180 to incorporate relocated standards for Ministerial Approval of Urban Lot Splits from the Zoning Ordinance: 18.20.180 Subdivision Standards for Two-Lot Subdivisions in Single-Family Residential Zones. 31 Page 14 of 60 A. Lot Configuration 1. Single- Family Residential Zones (R1) a. No more than two new, non-curved property lines may be added to create a new lot. b. Existing interior lots or pie shaped lots with either (i) 60 feet or more street frontage, or (ii) more than 75 feet of street frontage and a lot depth of up to 145 feet, shall result in a street frontage that is between 40-60% of the existing street frontage of the lot being subdivided. Resulting lots shall have a side-by-side orientation and shall not create a landlocked parcel. c. Existing interior lots or pie shaped lots with more than 75 feet of street frontage and a lot depth of more than 145 feet, may be subdivided in one of the following ways: i. Resulting lots shall have a street frontage that is at least 40% of the existing street frontage of the lot being subdivided. Lots shall have a side-by-side orientation and shall not create a landlocked parcel; or ii. One of the resulting lots shall be a flag lot with access to the street. The buildable area of the flag lot shall span the entire distance between the two side property lines that intersect with the front property line of the lot being subdivided. d. Existing interior lots or pie shaped lots with less than 60 feet of street frontage shall result in one flag lot with access to the street. The buildable area of the flag lot shall span the entire distance between the two side property lines that intersect with the front property line of the lot being subdivided. e. Existing flag lot subdivision shall result in lots in the same orientation as the existing lot (i.e., the existing front lot line must be the front lot line of the future lots and the existing rear lot line shall be the rear lot line of the future lots) and that are between 40-60% of the lot width of the lot being subdivided. f. Corner lots shall be subdivided in a manner that splits the existing street side property line to create at least one front lot line on that frontage. 2. Residential Hillside Zones (RHS) a. Up to two new property lines may be added to create a new lot and shall follow the contours of the property. 32 Page 15 of 60 b. Each resulting lot shall share one common driveway. If an existing driveway or curb cut exists, a new driveway or curb cut location shall not be approved. c. If in an area where direct sanitary sewer connection is unavailable, a percolation test completed within the last five years, or if the percolation test has been recertified, within the last 10 years, must be provided. d. Building pads shall be identified on the flattest portion of a lot, closest to an existing driveway. Where no driveway exists, building pads shall be identified on the flattest portion of the lot, closest to the access road unless doing so would result in a combined grading total greater than that required for siting elsewhere on the lot. e. No new or expanded structures shall encroach upon any existing public or private utility easements. f. A cumulative total of 1,250 cubic yards, cut plus fill (including grading for building pad, yard areas, driveway, all other areas requiring grading, and basements), except if the original lot that was subdivided has already performed prior grading, then the amount of grading that has previously occurred shall be reduced from the maximum grading quantity allowed cumulatively on the two resulting lots. 24. Modify Section 18.20.170 (H) to reference proposed Section 18.20.180: H. Objective Subdivision Standards for Ministerially Approved Lot Splits. In addition to any applicable objective subdivision standards in this Title or the Subdivision Map Act and the requirements of Government Code Section 66411.7, a lot split approved pursuant to this Section must, to the maximum extent permissible under Government Code Section 66411.7, comply with the objective standards including but not limited to objective standards for urban lot splits set forth in Sections 18.20.180, 19.28.060, and 19.40.050. Chapter 18.52 1. Add Section 18.52.030 (B) (4) to reference proposed Section 18.20.180 B. Lot Configuration. 4. In addition to the requirements of this Chapter, Hillside Subdivisions for two-lot subdivisions shall also apply the standards of Section 18.20.180. 33 Page 16 of 60 Chapter 19.08 25. Update Section 19.08.030, to add “Balcony” definition: "Balcony" means a horizontal platform that is: 1. Either recessed or projected out from the walls of a building; and 2. Above the first floor; and 3. Without support from the ground or floors directly below; and 4. Surrounded by a rail, balustrade, or parapet on at least one side; and 5. Accessible from the building’s interior; and 6. Not directly accessible from the ground. In the event of a conflict between this definition and the requirements of State law (e.g. California Building Code), the requirements of State law shall prevail. The definition of balcony does not include decks or exterior corridors. 26. Update Section 19.08.030, “Bay Window” definition: "Bay window" means a projecting window element that is not an extension of the floor area and does not incorporate any useable space for seating or other purposes. Additionally, a bay or projecting window shall: Be a projection of windows, not walls; Be cantilevered no more than twenty-four inches, horizontally, from an exterior wall; Be a minimum of twenty-four inches from the finished floor; Not create a projection of the floor; Not occupy more than 50% of an interior exterior wall face. These limitations do not apply to bay windows which have been counted towards floor area and meet required setbacks. 27. Update Section 19.08.030, to add “Deck” definition: "Deck" means a platform other than a balcony that is: 1. Either freestanding or attached to a building, and 2. Supported by the ground, pillars, posts, walls, or floors below, and 3. Accessible from interior building space. A deck may be located at ground level or on higher floors, and may be surrounded by railings, balustrades or similar structures for safety purposes. 28. Update Section 19.08.030, “Floor Area” definition: 34 Page 17 of 60 "Floor area" means the total area of all floors of a building measured to the outside surfaces of exterior walls, and including the following: 1. Halls; 2. Base of sStairwells at each floor; 3. Base of eElevator shafts at each floor; 4. Services and mechanical equipment rooms; 5. Interior building area above fifteen feet in height between any floor level and the ceiling above; 6. Residential basements in the A, A1, R1 and RHS zoning districts with lightwells that do not conform to Section 19.28.070(I); 7. Residential basements in the R1 and RHS zoning districts on projects pursuant to Government Code section 65852.21 8. Residential garages; 9. Substantially enclosed Rroofed arcades, plazas, walkways, porches, breezeways, porticos, courts, and similar features substantially enclosed by exterior walls; 10. Substantially enclosed balconies and decks above the first floor; 11. Sheds and accessory structures. “Floor area” shall not include the following: 1. Residential basements in the R1 and RHS zoning districts with lightwells that conform to Section 19.28.070(I); 2. Required lightwells; 3. Attic areas; 4. Parking facilities, other than residential garages, accessory to a permitted conditional use and located on the same site; 5. Roofed arcades, plazas, walkways, porches, breezeways, porticos, courts and similar features not substantially enclosed by exterior walls. 29. Update Section 19.08.030, to add “Front Entry Porch” definition: “Front Entry Porch” means outdoor steps, stairs, and/or a raised platform less than 50 square feet in area, located immediately adjacent to the primary entry of a building for the purpose of providing pedestrian access from the outdoor ground elevation to a building interior. If the platform portion of a front entry porch (not including steps) is more than 50 square feet or has a proportionately greater width than its height, the structure is considered a porch. 30. Update Section 19.08.030, to clarify the definition of “Height, Entry Feature”: 35 Page 18 of 60 “Height, Entry Feature" means a vertical distance measured parallel to the natural grade to the top of the wall plate. Entry features shall be limited to a maximum height of fourteen feet. 31. Update Section 19.08.030, “Lot” definition: "Lot" means a parcel or portion of land separated from other parcels or portions by description, as on a subdivision or record of survey map, or by metes and bounds, for purpose of sale, lease or separate use. 1. "Corner lot" means a lot situated at the intersection of two or more streets, or bounded on two or more adjacent sides by street lines. 2. “Flag lot” means an interior lot with a long, narrow portion of the lot, or parcel of land not otherwise meeting the requirement of this title for lot width that consists entirely of and provides the sole means of vehicular connection between the buildable area of the lot and an abutting street. 3. “Interior lot” means a lot other than a corner lot or a flag lot. 4. “Key lot” means the first lot to the rear of a corner lot, the front line of which is a continuation of the side lot line of the corner lot, and fronting on the street which intersects or intercepts the street on which the corner lot fronts. 5. "Pie-shaped lot" means an interior lot, that is not a flag lot, where the front lot line abuts a cul-de-sac, and a) is at least 20% shorter than the rear lot line or b) has five or more lot lines. 32. Update Section 19.08.030, “Lot area” definition: “Lot Area” means: 1. "Gross lot area" means the area of a lot measured horizontally between boundary lot lines. 2. "Net Llot area" means the area of a lot measured horizontally between boundary lot lines, but excluding a portion of a flag lot providing access to a street and lying between a front lot line and the street, and excluding any portion of a lot within the lines of any natural watercourse, river, stream, creek, waterway, channel or flood control or drainage easement and excluding any portion of a lot acquired, for access and street right-of-way purposes, in fee, easement or otherwise. 33. Update Section 19.08.030 to add “Porch” definition: “Porch” means outdoor steps, stairs, and/or a raised platform, located immediately adjacent to an entrance to a residential structure for the purposes of providing pedestrian access from the outdoor ground elevation to a building interior and/or private, recreational open space. A porch differs from a front entry porch or a front entry feature, which has a proportionately greater height than its width and is less than 50 square feet in area. 36 Page 19 of 60 34. Update Section 19.08.030, “Setback Line” definition: "Setback line" means a line within a lot parallel to a corresponding lot line, which is the boundary of any specified front, side, or rear yard, or the boundary of any public right-of- way or private roadstreet, whether acquired in fee, easement, or otherwise, or a line otherwise established to govern the location of buildings, structures or uses. Where no minimum front, side, or rear yards are specified, the setback line shall be coterminous with the corresponding lot line, or the boundary of any public right-of-way or private road, whether acquired in fee, easement, or otherwise, or a line otherwise established to govern the location of buildings, structures or uses. 35. Update Section 19.08.030, “Useable Rear Yard” definition to make spelling of usable consistent: "Useable rear yard" means that area bounded by the rear lot line(s) and the rear building line extended to the side lot lines. The side yard adjacent to a proposed minor addition (e.g., addition equaling ten percent or less of the principal structure) may be included in calculation of usable rear yard area. 36. Revise Appendix C of Chapter 19.08 to correct spelling of sight: Appendix C: Cupertino Standard Detail 7-6 Sidewalk Sighte Triangle (Sidewalk Clearance at Driveways). Chapter 19.12 37. Update Section 19.12.020 (A) to reference correct sections: A. In the A, A1, R-1 and RHS Zones, the following activities: 1. Conditional uses in accord with Chapter 19.20, Chapter 19.24, Chapter 19.28, and Chapter 19.40; 2. Removal of protected trees identified in Chapter 14.18; 3. Projects in R-1 zones identified in Section 19.28.040; 4. Height Exceptions identified in Section 19.24.0750(B)(3); 5. Hillside Exceptions identified in Section 19.440.070, Section 19.40.050, and Chapter 19.48; 6. Parking Exceptions identified in Chapter 19.124; 7. Fence Exceptions identified in Chapter 19.48; 8. Variance to all other zoning regulations. 37 Page 20 of 60 38. Update portions of Table 19.12.030 to reference correct sections: Type of Permit or DecisionA, B Administrative ReviewA,B Arts and Culture Commission Planning Commission City Council Public Hearing/ Public Meeting/ Comment PeriodC Noticing RadiusD Posted Site Notice Expiratio n DateE Chapter/ Findings Development Agreements - - R F PH CA. Govt. Code 65867 Yes - 19.144.1210 Development Permits Major F, H - - F/R A1/F PM 19.12.110/ 300’ Yes 2 Years 19.156.0540 Minor G F - A1 A2 PM Yes 2 Years Conditional Use Permits MajorF, H, I F - A1/F/R A1/ A2/F PH CA. Govt. Code 65905 Yes 2 years 19.156.0540 Hillside Exception/ Height Exception/ Heart of the City Exception I - - F A1 PH 19.12.110/300' Yes 2 years 19.40.080, 19.24.0750, 19.136.090 Variance F - A1 A2 PH CA. Govt. Code 65905 Yes 2 years 19.156.0650 Parking Exceptions I F - FA1 A1/A2 Varies M 19.12.110/ Adjacent/ 300' N Yes 1 year 19.124.0560 Protected Trees Tree Removal F - A1 A2 CP Adjacent, unless exempt Yes, unless exempt 1 year 14.18.1810 38 Page 21 of 60 39. Clarify language of footnote K of Table 19.12.030: Minor Architectural and Site Approval application - single family home in a planned development zoning district, ; minor building architectural modifications, ; landscaping, signs and or lighting for new development, ; permanent supportive housing with up to 6 units subject to by-right processing as required by Government Code Section 65650 et seq., ; redevelopment or modification in such zones where review is required, ; and minor modifications of duplex and multi-family buildings. 40. Add Section 19.12.080 (D) and (E) to clarify the City’s policy for inactive permits and demolition of residential units: D. Expiration of Application. If an applicant does not provide the information and materials necessary for a pending application to be deemed complete and/or consistent, pursuant to state law, within 180 calendar days after notification of incompleteness or inconsistency the application shall be deemed withdrawn. The Director may grant one 180 calendar day extension upon written request by the applicant, submitted prior to the expiration of the first 180-day period. After expiration of the application and extension, if granted, a new application, including fees, plans, exhibits, and other materials will be required to commence processing of any project on the same property. E. Demolition of Residential Units. a. No permit shall be issued for the demolition of a residential unit, unless building permit plans for a replacement project have been approved and issued; or b. Where demolition of a residential unit is required to allow for the recordation of an approved tentative map, no permit shall be issued for the demolition of a residential unit, unless building permit plans for a replacement project are ready for issuance following recordation of the associated map. Demolition of a residential unit to comply with Code Enforcement action may be permitted. 41. Update Section 19.12.110 (D) (1) in accordance with SB1214 (CCG Section 65103.5): D. Notice of Comment Period: For projects requiring notice of a comment period, notice shall be mailed in accordance with 19.12.110A(2) and A(53), 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, unless plans contain protected information, as defined by California Government Code Section 65103.5. 39 Page 22 of 60 Chapter 19.16 42. Update Section 19.16.060 to remove reference to the incorrect section: Whenever it is found, pursuant to Section 19.28.050, that a lot or site is divided by a boundary between districts, the provisions of the zoning regulations applicable within each district shall apply only to the portion of this site situated in each separate district. Chapter 19.28 43. Update Section 19.28.060 to clarify objective language and update standards for single- family residential design to reflect changes to State law made through SB450: 40 Page 23 of 60 R1-5 R1-6, 7.5, 8, 10, 20, etc., and R1-6e R1-a A. Minimum net lot area1 i. 5,000 square feet ii. the number multiplied by 1,000 square feet iii.10,000 square feet iv. For lots created under the provisions of Government Code Section 64411.7, each of the resulting lots shall have a lot area of at least 40% of the original lot being subdivided, with no lots less than 1,200 square feet. B. Minimum lot width (at the front setback line) i. 50 feet ii. 60 feet iii. 75 feet iv. For lots created pursuant to provisions Government Code Section 64411.7: a. No more than two new, non-curved property lines may be added to create a new lot. b. Existing interior lots or pie shaped lots with either (i) 60 feet to 75 feet of or more street frontage, or (ii) more than 75 feet of street frontage a lot depth of up to 145 feet shall result in lots width. Resulting lots shall have a street frontage that is between 40-60% of the lot width existing street frontage of the lot being subdivided. Resulting lots shall have a side-by-side orientation and shall not create a landlocked parcel. c. Existing interior lots or pie shaped lots with more than 75 feet of street frontage and a lot depth of more than 145 feet, may be subdivided in one of the following ways: i. Resulting lots shall have a street frontage that is at least 40% of the existing street frontage of the lot being subdivided. Lots shall have a side-by-side orientation and shall not create a landlocked parcel; or ii. One of the resulting lots shall be a flag lot with access to the street. The buildable area of the flag lot shall span the entire distance between the two side property lines that intersect with the front property line of the lot being subdivided. d. Existing interior lots or pie shaped lots with less than 60 feet of street frontage shall result in one flag lot with access to the street. The buildable area of the flag lot shall span the entire distance between the two side property lines that intersect with the front property line of the lot being subdivided. e. Existing flag lot subdivision shall result in lots in the same orientation as the existing lot (i.e., the existing front lot line must be the front lot line of the future lots and the existing rear lot line shall be the rear lot line of the future lots) and that are between 40-60% of the lot width of the lot being subdivided. f. Corner lots shall be subdivided in a manner that splits the existing street side property line to create at least one front lot line on that frontage. 41 Page 24 of 60 R1-5 R1-6, 7.5, 8, 10, 20, etc., and R1-6e R1-a BC. Landscaping i. See Chapter 14.15, Landscape Ordinance ii. At least 50% of the front yard of any project approved pursuant to Chapter 19.28.150 shall be occupied by non- hardscape landscaping iii. Landscaping plans are required for all additions or new homes. The purpose of the landscaping is to beautify the property and to achieve partial screening of building forms from the street and adjacent properties. Generally, the landscaping may include shrubbery, hedges, trees, or lattice with vines on fences iv. At least 50% of the front yard of any project approved pursuant to Chapter 19.28.150 shall be occupied by non-hardscape landscaping CD. Development proposed on building pads/graded area with slopes equal to or greater than 20% 1. Total site grading (cut plus fill)2,3 i. 2,500 cubic yards maximum. ii. Projects that exceed the maximum quantity shall require Architectural and Site Approval per Section 19.28.040(HG). iii. For projects proposed pursuant to Government Code Sections 64411.7 and/or 65852.21, tTotal site grading shall be limited to 2,500 cubic yards for the entire site as calculated prior to subdivision. For projects proposed pursuant to Government Code Sections 64411.7 and/or 65852.21, fFlat yard area created by grading areas that are sloped more than 10% shall be limited to 2,500 square feet, not including the driveway, as calculated prior to any subdivision. 2. Fences See Chapter 19.48, Fence Ordinance D. Development on properties with an average slope greater than 10% shall comply with Sections 19.40.050 (F), (G), and (I) and Sections 19.40.060(E), (H), (I) and (J). E. Development (structures, improvements, or grading) 1. On actual slopes ≥ 30% i. Limited to 500 square feet and subject to the requirements of Sections 19.40.050 (F), (G), and (I) and Sections 19.40.060(E), (H), (I) and (J). ii. Development greater than 500 square feet shall be subject to a Hillside Exception by the Planning Commission in accordance with section 19.40.080 of the RHS Ordinance. No Hillside Exception is permitted on lots developed pursuant to Section 19.28.150. 42 Page 25 of 60 R1-5 R1-6, 7.5, 8, 10, 20, etc., and R1-6e R1-a iii. In all cases, the following shall apply: a. Change in grade elevation shall be limited to the minimum extent necessary to ensure adequate drainage and access as demonstrated by a grading and drainage plan prepared by a registered civil engineer. b. Split level designs shall be used to avoid additional change in grade elevation. c. Unless otherwise required by the City Engineer, spoils shall be balanced on site and shall match the existing grading and drainage pattern of the site. d. Unless required by the City Engineer, development shall not result in a finished floor more than 36 inches above finished grade. 2. For projects proposed pursuant to Government Code Sections 64411.7 and/or 65852.21 i. Unless required by the City Engineer or to meet Fire Code requirements, grading activity on lots with an average slope of: a. Less than five percent shall not result in a change in grade elevation by more than 12 inches from existing natural grade. b. Between five and ten percent shall not result in a change in grade elevation by more than 24 inches from existing natural grade. c. Ten percent or more shall not result in a change in grade elevation by more than three feet from existing natural grade. ii. In all cases, the following shall apply: a. Change in grade elevation shall be limited to the minimum extent necessary to ensure adequate drainage and access as demonstrated by a grading and drainage plan prepared by a registered civil engineer. b. Split level designs shall be used to avoid additional change in grade elevation. c. Unless otherwise required by the City Engineer, spoils shall be balanced on site and shall match the existing grading and drainage pattern of the site. d. Unless required by the City Engineer, development shall not result in a finished floor more than 36 inches above finished grade. F. On-site improvements All properties shall provide a 4.5 foot wide pathway, a 4.5 foot wide planting strip, curb and gutter, curb cut, AC pavement, and underground utilities at the street as follows: 1. i. Detached pathway when a property on either side of the subject property has a detached pathway; 2. ii. Monolithic pathway when a property on either side of the subject property has a monolithic pathway 43 Page 26 of 60 R1-5 R1-6, 7.5, 8, 10, 20, etc., and R1-6e R1-a 3. iii. When properties on either side of the subject property do not have a pathway, a pathway that matches the pre-dominant pattern of pathways on the street, as determined by the City Engineer, shall be provided, unless the subject property has a “semi-rural” designation adopted by City Council resolution. 4. iv. The City Engineer shall adopt any objective standard necessary to implement the requirements of this paragraph. G. Curb Cuts Driveways for developments pursuant to Government Code Section 64411.7 or 65852.21 1. For interior lots with a street frontage of 35 feet or less, no more than a one-car-wide driveway curb cut shall be permitted. A distance of at least 22 feet shall be provided between two, one-car-wide curb cuts, else, a shared driveway with curb cut, no more than a two-car curb cut, may be provided. 2. Unless subject to subsection (3) below, for interior or pie shaped lots with a street frontage of more than 35 feet: a maximum of a two-car driveway curb cut is permitted provided a distance of at least 22 feet is provided between existing and proposed driveway flares, else the driveway curb cut shall be limited to a one-car driveway curb cut. 3. When an Urban Lot Split subdivision results in a flag lot, the two resulting lots shall share vehicular access off of the access area of the resulting flag lot, unless one of the lots is an new interior lot with at least 50 feet of minimum street frontage of 50 feet. The access area shall be a minimum of 20 feet and a maximum of 25 feet in width, comprising a minimum 16-foot drive aisle and a minimum 2-foot-wide landscaping planter on either side. A maximum two-car driveway curb cut is permitted at the right-of way. No other curb cuts shall be permitted. 4. Where a shared driveway (not through a flag lot) is proposed: i. No additional curb cuts shall be permitted. ii. 50% of the width of the shared driveway curb cut shall be on each property. iii. A maximum two car curb cut shall be permitted. 5. Where shared driveway access through a flag lot is required and would provide access to new development, the driveway access for front lot shall be located in the rear 50% of the property. 6. On lots where an existing residence is retained on the site of an urban lot split or development pursuant to Government Code Section 65852.21 subdivision, an existing curb cut of not more than 18 feet in width may remain when providing exclusive access to the existing residence. 7. A maximum 18’ wide car curb cut is allowed when a two-car curb cut is permitted. 8. A maximum 12’ wide curb cut is allowed when a one-car curb cut is permitted. 44 Page 27 of 60 R1-5 R1-6, 7.5, 8, 10, 20, etc., and R1-6e R1-a 9. When shared access is proposed, a covenant, necessary for appropriate ingress and egress easements, shall be recorded prior to final parcel map recordation. 10. A maintenance agreement shall be recorded to ensure shared maintenance of any shared access easements, stormwater treatment, landscaping, and private utilities, prior to final parcel map recordation. H. Driveways 1. When a subdivision results in a flag lot, the access area shall be a minimum of 20 feet and a maximum of 25 feet in width, comprising a minimum 16-foot drive aisle and a minimum 2-foot-wide landscaping planter on either side. 2. Where shared driveway access through a flag lot is required and would provide access to new development, the driveway access for the front lot shall be located in the rear 50% of the property. 3. A one-car driveway shall be a minimum of 10 feet in width and a maximum of 12 feet in width. 4. A two-car driveway shall be a maximum of 20 feet in width. Any third or more driveway spaces shall be in tandem. 5. Subparagraphs 3 and 4 do not apply to the flag lot access area. 6. When shared access is proposed, a covenant, necessary for appropriate ingress and egress easements, shall be recorded prior to final parcel map recordation. 7. A maintenance agreement shall be recorded to ensure shared maintenance of any shared access easements, stormwater treatment, landscaping, and private utilities, prior to final parcel map recordation. HI. Easement and Covenants required for subdivisions pursuant to Government Code Section 64411.7 1. Utility easements shall be recorded prior to final parcel map recordation. 2. A covenant necessary for maintenance of stormwater treatment facilities shall be recorded prior to final map recordation. J. Public Improvements If no dedication was required for the creation of a lot, any future development project shall include a dedication to accommodate the predominant public right-of-way, as determined by the City Engineer, abutting the corresponding lot line and frontage improvements, including curb, gutter and sidewalk, which shall be installed by the applicant at his or her expense. Notes: 1. Lots, which contain less area than required by its zoning designation, but not less than 5,000 square feet, may nevertheless be used as building sites, provided that all other applicable requirements of this title are fulfilled. 45 Page 28 of 60 R1-5 R1-6, 7.5, 8, 10, 20, etc., and R1-6e R1-a 2. Maximum grading quantity includes grading for the building pad, yard areas, driveway, and all other areas requiring grading, but does not include basements. The graded area shall be limited to the building pad area to the greatest extent possible. Grading quantities for multiple driveways are divided equally among the participating lots, e.g. two lots sharing a driveway will divide the drivewa y grading quantity in half. The divided share will be charged against the grading quantity allowed for that lot development. 3. All cut and fill areas shall be rounded to follow the natural contours and planted with landscaping that meets the following requirements: i. A landscape plan shall be prepared that addresses measures to prevent soil erosion and to screen cut and fill slopes. ii. A tree planting plan shall be prepared for the site which will screen grading areas, and residential structures, to the g reatest possible extent, as well as to reintroduce trees on barren slopes which were denuded by prior agricultural activities. iii. Landscape improvements shall meet the requirements as established in the Landscape Ordinance, Chapter 14.15. iv. Landscape improvements shall be installed prior to final occupancy unless such installation is impracticable, in w hich case, the applicant shall post a bond, cash, or other security to ensure installation within an 18-month period from occupancy. All such landscape areas shall be properly maintained. (Continued on next page) 46 Page 29 of 60 44. Update Section 19.28.070 (B), 19.28.070 (I), and 19.28.070 (J) (3) and add Section 19.28.070 (L) and 19.28.070 (M) to clarify objective language and update standards for single-family residential design to reflect changes to State law made through SB450: B. Maximum Floor Area Ratio 1. 45% of the net lot area, however, a housing development project on a lot having a slope 30% or greater shall not exceed the floor area allowed under Chapter 19.40. --- --- --- I. Basements 1. Number, size, and volume of lightwells a. Shall be the minimum required by the California Residential Building Code for egress, light, and ventilation, unless the basement area is counted towards floor area, except that in the case of a single-story house with a basement, one lightwell may be up to 10 feet wide and 10 feet long. b. Lightwells with stairs are not permitted, except that one lightwell with stairs is allowed if it is the primary means of access to an independent basement residential unit which is separated from any other residential unit. The lightwell with stairs is limited to the minimum size required for light and ventilation or egress per the Residential Building Code. 2. Minimum setback for lightwell retaining walls and basements a. a. Front Yard Same as underlying zoning district ab. Side yard 5 feet bc. Rear yard 10 feet 3. Lightwell railings Maximum height of 3three feet, six inches. The fencerailing shall be located immediately adjacent to the lightwell. 4. Lightwell screening Lightwells that are visible from a public street shall be screened by landscaping. 5. Root barrier measures The perimeter of theall basements and all lightwells retaining walls shall be treated and/or reinforced with the most effective root barrier measures as determined by an ISA certified Arborist in conjunction with recommendations from a certified Structural Engineerby the Director of Community Development. --- --- --- 3. First Floor and Second Floor a. The maximum exterior wall height and building height on single- story structures and single-story sections of two-story structures must fit into the building envelope defined by: 47 Page 30 of 60 Building Envelopes i. A 10 foot high vertical line from natural grade measured at the property line; and ii. A 25 degree roof line angle projected inward at the 10 foot high line referenced above;. b. Notwithstanding the building envelope, a gable end of a roof enclosing an attic space may have a maximum wall height of 17 feet to the peak of the roof as measured from natural grade, or up to 20 feet with a Minor Residential permit subject to Chapter 19.12. c. Second-story building envelope: All the maximum exterior wall height and building height on two-story sections of two-story structures must fit into the building envelope defined by: i. A 16-foot-high vertical line from natural grade measured at the property line; and ii. A 25-degree roof line angle projected inward at the 16-foot- high line referenced above. --- --- --- L. Refuse, recycling, and other containers 1. A minimum 8-foot by 3-foot space per unit, not visible from the street, shall be provided in an interior yard behind a fence. 2. This area shall not be concurrent with any emergency access pathway required by the Fire Department. M. Outdoor Lighting 1. Shall comply with the requirements of Chapter 19.102. 45. Update Section 19.28.070 (C) to remove a reference altered by the adoption of Ordinance 23- 2254: C. Maximum second to first floor ratio 1. No limit, a. Ssee Sections 19.28.040(D) and (E)(1) for permitting requirements. Homes subject to design review shall comply with the design review principles in Section 19.28.110(C). 46. Update Section 19.28.070 (E) (3) (a) (i) to make consistent use of the spelling of usable: i. May be reduced to 10 feet, with a Minor Residential Permit, subject to Chapter 19.12, if, after the reduction, the useable rear yard area is not less than 20 times the lot width as measured from the front setback line. 47. Update Section 19.28.070 (F) (2) (a) (i) and 19.28.070 (F) (2) (b) (i) to revise a reference altered by the adoption of Ordinance 23-2254: 2. Side yard 48 Page 31 of 60 a. Interior Lot 25 feet combined (no side yard setback shall be less than 10 feet) i. See Section 19.28.040(ED)(2) for permitting requirements. Homes subject to design review shall comply with the design review principles in Section 19.28.110(C). b. Corner lot 25 feet combined side yard setback (no side yard setback shall be less than 10 feet) i. Interior Side 10 feet but not less than 20 feet from the rear property line of an adjacent single family dwelling iA. See Section 19.28.040(ED)(2) for permitting requirements. Homes subject to design review shall comply with the design review principles in Section 19.28.110(C). 48. Revise language in Table 19.28.090 (C) to clarify standards: C. Maximum second to first floor area ratio 1. 40% of the existing or proposed first floor area or 750 square feet, whichever is greater, except as follows: a. A second floor may be at least 750 square feet in area ba. In no case shall a second floor be more than 1,100 square feet in area. 49. Update Table 19.28.090 (J) (3) to revise a reference altered by the adoption of Ordinance 23- 2254: 3. Entry feature height See Single-Family Residential Design Guidelines, Section 19.28.110(A)(67) 50. Add Section 19.28.090 (M) and (N) to update standards for single-family residential design to reflect changes to State law made through SB450: M. Refuse, recycling, and other containers 1. A minimum 8-foot by 3-foot space per unit, not visible from the street, shall be provided in an interior yard behind a fence. 2. This area shall not be concurrent with any emergency access pathway required by the Fire Department. N. Outdoor Lighting 1. Shall comply with the requirements of Chapter 19.102. 51. Update Section 19.28.110 (A) to clarify objective language and update standards for single- family residential design to reflect changes to State law made through SB450: 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). 49 Page 32 of 60 A. Single-Family Residential Design GuidelinesStandards 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 doing so would result in an area that could not accommodate the minimum required setbacks and enclosed parking area. the lot is not wide enough to accommodate. 3. a. In the R1-a zone, tThe 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 be provided through the use of a tandem garage or a detached accessory structure at the rear of the property.2 4. Usable living area, not including any architectural feature, porch, or patio, shall be a minimum of two feet closer to the street than the garage, unless a side entering garage with curved driveway is provided or the lot is not wide enough to accommodate living area adjacent to the garage, while garages should be set back more. 5. All roofs shall have at least a one-foot overhang. 6. Air conditioning units and similar mechanical equipment such as generators, sump pumps, heating, and ventilation equipment should be ground-mounted and screened from public view, or underground, and shall meet accessory structure setbacks and adhere to the requirements of Chapter 10.48 of the Municipal Code. 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. 7. A porches, patio, or other front entry feature is required are encouraged. a. The feature shall be oriented to face the street and shall include a front entry door also oriented to face the street. b. If duplexes are proposed on corner lots, the entrances to the two units shall be on different street frontages, except that if the corner lot fronts a major collector, both the entrances may be located on the minor collector or neighborhood street. c. If a front porch (not a front entry feature) is proposed, the porch shall be proportionately greater in width than in height. d. Porches, patios, and other entry features shall have detailing that emphasizes the base and have caps for posts and fence elements of the feature. e. 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. 50 Page 33 of 60 iii. The use of large columns or pillars is discouraged. iv. The eave height for a front entry 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. f. In R1-6e and R1-a zones, entry features shall not be higher than fourteen feet from natural grade to plate.2 8. Third car garage spaces shall be set back as follows: a. On lots when the garage is visible from the street: parking shall be provided in tandem or in a detached accessory structure at the rear of the property. b. On flag lots or on side-oriented garages located at the rear of the principal unit: a third parking space may be on the same wall plane as the other two parking spaces. 9. Garage doors for no more than two car spaces shall be visible from the public right of way. 10. All garage doors shall be recessed a minimum of six (6) inches from the surrounding building wall and shall include trim of at least one and a half (1.5) inches in depth. 11. Where the garage faces the side yard, but is visible from the street, the garage shall incorporate a window on the street front facade so that it appears to be a habitable portion of the house. The window style must be the same as the windows on the habitable dwelling unit(s). 12. Private Open Space: Each unit must provide at least 15% of the unit floor area as private open space on the first floor, with no dimension less than 10 feet. Private open space shall not be located in the required front yard setback area. 13. Exterior and/or uncovered stair access shall not be allowed to the second floor. 14. Detached structures on a lot must use the same architectural style and materials as the primary residence. 15. Except in R1-e zones, the elevation facing a street shall incorporate at least four architectural features, such as bay windows or an entry feature, and/or elements of architectural interest, such as wall insets or offsets, planters, railings, trellises, a combination of roofing elements (e.g., hip and gable roofs), dormers, change in architectural materials, quoins, accent tiles, or a prominent accent window inset greater than six inches. Windowsills, door or window trim, and roofing materials do not count as one of the features. 16. Gable ends and Dutch gable ends taller than thirty inches shall include at least one element of architectural interest such as:  a wall offset with corbels, brackets, or change in materials;  louvered wood or metal vents;  clay of terracotta tile vents; 51 Page 34 of 60  accent tile decoration;  medallion decoration;  metal grille;  a change in architectural materials;  incorporation of corbels;  decorative gable pediments;  eyebrow trellises or pergola structurally attached to the building; or  windows/glazing. 17. Stone veneer or accent materials used as a wainscot on a street facing façade shall be wrapped around to the side façade and end at a logical terminus, such as a fence line or a chimney or at an interior corner. Stone veneer or any other siding material wrapped on columns shall terminate at the floor or ground, as applicable. 52. Update Section 19.28.120 to make intent language consistent with Section 19.28.070 (G): To mitigate privacy impacts and the visual mass and bulk of new two-story homes and additions, tree and/or shrub planting is required. The intent of this section is to provide substantial screening of views into neighboring residential side or rear yards within three years of planting, in order to protect the privacy of adjoining properties. 53. Update Section 19.28.120 (A) to clarify objective language and update standards for single - family residences in response to the changes to State law made through SB450: A. Applicability. These requirements shall apply to new two-story homes, second-story decks, two-story additions, modifications to the existing second-story decks and/or new windows on existing two-story homes that increase privacy impacts on neighboring residents. 1. These requirements shall not apply to: a. Skylights; b. Windows with sills more than five feet above the finished second floor; c. Obscured, non-openable windows; d. Windows with permanent exterior louvers to a height of five feet above the second floor; e. Non-operable windows with obscure glass to a height of five feet above the second floor; f. Windows which do not have views into a neighboring side or rear yard or that face a street or a non-residential zoning district; and g. When waivers have been obtained fromby all affected property owners. 52 Page 35 of 60 54. Update Section 19.28.120 (C) (1), (2), and (6) to clarify objective language, to make language consistent with the requirements for landscaping outlined in Chapter 14.18, and update standards for single-family residences in response to the changes to State law made through SB450: 1. Front Yard Tree Planting. a. The tree shall be twenty-four-inch box or larger low to moderate water using tree that typically grows to a mature height of more than 30 feet, planted at with a minimum height of six feet, as measured from adjacent grade. California native trees are preferred. b. The tree shall be planted in front of new second stories in the center 50% of the front yard setback area. i. In the R1-a zone, the tree shall be placed to where views from second story windows across the street are partially mitigated. c. The Director of Community Development may waive the front yard tree or allow the tree to be planted outside of the center 50% of the front yard setback area based on a report from an internationally-certified arborist citing unavoidable conflict with existing mature tree canopies onsite or in the public right-of-way. d. An existing mature tree in the front yard that is or can typically grow to a height of 30 feet or more and is located in the center 50% of the front yard can be used as the front yard tree, subject to an ISA certified arborist certifying that the tree is in good health. e. A covenant shall be recorded to identify the front yard tree as a Protected Tree and notifying current and future property owners to retain and maintain the tree in good health. 2. Privacy Planting. a. New trees and/or shrubs are required on the applicant's property in an area bounded by a thirty-degree angle on each side window jamb. and a 180-degree angle from each corner of a balcony or second story deck, modified by the angle created between the furthest corner of the balcony or deck and the corresponding corner of the second story portion of the structure, as shown in the City’s Privacy Protection Requirements Handout. b. The following is required for all side and rear yard-facing second story windows in the R1-6e zone: i. Cover windows with exterior louvers to a height of five feet above the second floor; or ii. Obscure glass to a height of five feet above the second floor; or iii. Have a windowsill height of five feet minimum above the finished second floor. 53 Page 36 of 60 c. The Planning Division shall maintain a list of allowed privacy planting trees and shrubs. The list includes allowed plant species, minimum size of trees and shrubs, expected canopy or spread size, and planting distance between trees. i. In the R1-a zone, the minimum height of privacy trees at the time of planting shall be twelve feet. ii. In the R1-a zone, privacy planting shall have a minimum setback from the property line equivalent to one-quarter of the spread noted on the City list. d. The trees and/or shrubs shall be planted prior to issuance of a final occupancy permit. e. Windows or other openings in the wall with a side yard setback less than 10 feet or a rear yard setback of less than 25 feet shall have a minimum windowsill height of more than five feet or shall have obscure glass and be inoperable with a fixed pane(s). f. The minimum planter width required for privacy planting shall be three feet. Emergency access paths shall not be concurrent with areas designated as privacy planting planters. 6. Replacement. Privacy planting in R-1 zoning districts shall be maintained by the property owner of the lot. Where required planting is approved for removal removed or dies, replacement trees must be planted it must be replaced within thirty days with privacy tree(s) in the same location, size and with the same species, and of the same size as the tree(s) being replaced, unless the location, species, or size is determined to be infeasible by the Director of Community Development. If an alternative location is proposed due to infeasibility, as determined by the Director, the tree(s) must be relocated to continue screening of the privacy viewshed, as defined in Section 19.28.120 (C) (2) (a), unless a waiver is obtained from the affected neighbor. of similar size as the tree(s) being replaced, unless it is determined to be infeasible by the Director of Community Development. 54 Page 37 of 60 55. Update Section 19.28.150 to clarify objective language and update standards for ministerial approval of up to two units to reflect changes to State law made through SB450: E. Objective Zoning and Design Standards for Ministerially Approved Housing Development Projects in the R-1 District. In addition to any applicable objective zoning standards, objective subdivision standards, and objective design review standards in the Municipal Code, a housing development project approved pursuant to this Section must comply with all applicable objective zoning and design standards to the maximum extent permissible under Government Code Section 65852.21, including but not limited to the following standards for ministerial development projects: 1. Development Standards (Gov. Code, § 65852.21) a. Except as otherwise provided herein, uUnits shall not exceed 800 square feet per unit and shall comply with Paragraph B, above.; or b. The floor area of the larger unit in a duplex development proposed pursuant to this Section shall be no more than 200 square feet greater than the smaller unit of the duplex development. c. Notwithstanding subparagraph (a), development pursuant to this Section may have a maximum Floor Area Ratio of up to 45% of the net lot area, and a maximum Lot Coverage of 45% of the net lot area plus an additional 5% for roof overhangs, patios, porches, and other similar features not Substantially Enclosed, if it complies with the requirements of Paragraph B and subparagraphs 2 through 16 of this Paragraph; provided, however, that a housing development project on a lot having a slope 30% or greater shall not exceed the floor area allowed under Chapter 19.40. However, under no circumstances shall the size of any ministerially approved unit exceed 2,000 square feet of living space. b. Units exceeding 800 square feet may be permissible if compliant with the following: i. Cumulative Floor Area Ratio and Lot Coverage of the applicable zoning district (i.e. R1, R1-a, R1-e, or R1-i); and ii. The requirements of Paragraph B; and iii. Subparagraphs 2 through 16 of this Paragraph. cd. If the site has been occupied by a tenant in the last three years, no more than 25% of the exterior walls alteration or demolition of an existing unit shall occurbe demolished. e. If no dedication was required for creation of the lot, the project shall include a dedication to accommodate the predominant public right of way, as determined by the City Engineer, abutting the corresponding lot line and frontage improvements, including curb, gutter and sidewalk shall be installed by the applicant. 55 Page 38 of 60 2. Second to First Floor Area Ratio: a. The ratio of the second story to first story floor area shall not exceed 5066% in all R1 zoning districts except the R1-a district. except that: i. In all R1 zoning districts except the R1-a district: 1. The ratio of the second story to first story floor area may exceed 50%, up to a maximum of 66%, if a combined first-story side setback of 15 feet (with no first-story side setback less than five feet), second- story side setbacks of at least 15 feet each, a rear setback of 20 feet on the first story and a rear setback of 25 feet on the second story are provided. b. ii. In the R1-a zoning district: See Section 19.28.090 (C). 1. The maximum ratio of the second story to first story floor area is 40% but no larger than 500 square feet, except where allowed below; 2. A second floor may exceed 500 square feet, but shall not in any case exceed 1,100 square feet, if first-story side setbacks of at least 10 feet each , a combined second-story side setback of 35 feet (with no second story side setback less than 15 feet), and a rear setback of 20 feet for the first story and 40 feet for the second story are provided. b. Interior areas (measured from the finished floor to the top of the roof rafters) with heights greater than 16 feet shall be double counted as floor area as follows: i. For one story homes, the floor area shall be double counted as first floor area. ii. For two story homes, the floor area shall be counted once each for first and second floor area. 3. Interior Areas a. See Section 19.28.070 (D) 3. 4. Setbacks: a. Minimum first-story front setback is 20 feet, unless otherwise required in a tract map or zoning map except that: i. In the R1-a zoning district, the required minimum setback is 30 feet. ii. Garages with up to two parking spaces shall be set back two additional feet from the face of the living area of the unit, not including a front entry feature or porch. iii. Third car garage spaces: 1. On lots when the garage is visible from the street: parking shall be provided in tandem or in a detached accessory structure at the rear of the property. 2. On flag lots or on side-oriented garages located at the rear of the principal unit: a third parking space may be on the same wall plane as the other two parking spaces. b. Minimum second-story front setback is 25 feet except that: i. In the R1-a zoning district, the required minimum setback is 30 feet. 56 Page 39 of 60 c. Minimum first- and second-story side and rear setbacks shall be four feet each; provided, however, that: i. No setbacks shall be required for an existing structure or for a structure constructed in the same location and to the same dimensions as an existing structure. ii. No new or expanded structures shall encroach upon any existing public or private utility easements. iii. No setback shall be required from a shared new side lot line between the two new lots created pursuant to an Urban Lot Split under Government Code Section 66411.7 when: 1. More than one new primary dwelling unit is approved concurrently with an Urban Lot Split; and 2. Units with a zero-foot setback are developed concurrently; and 3. All other side yard setbacks are a minimum of five feet on the first story and 10 feet on the second story; and 4. The entirety of wall faces along the shared property line are structurally attached; and 5. Structures along the new shared property line are no more than zero feet or less than four feet. iv. The required building envelope shall not apply to the portions of structures with a zero-foot setback. d. Corner Triangle: No portion of a structure shall be located within a corner triangle, provided that in no case shall a side yard setback of more than four feet be required. e. Detached primary residential structures: Detached structures located on the same lot shall have a setback of five feet as measured between the eaves of the two structures. 54. Maximum height: a. Principal Dwelling units are limited to 28 feet in height and no more than two stories except that: i. In R-1 Zoning Districts with “i" suffix, buildings shall be limited to one story (not to exceed 18 feet). b. First-story building envelope: See Section 19.28.070 (J) (3) All the maximum exterior wall height and building height ofn single-story structures and single story sections of two-story structures must fit into the building envelope defined by: i. A 9-foot-high vertical line from natural grade measured at the property line; and ii. A 25-degree roof line angle projected inward at the 9-foot-high line referenced above; Notwithstanding the first story building envelope, a gable end of a roof enclosing an unfinished attic space may have a maximum wall height of 13 feet to the peak of the roof as measured from natural grade. 57 Page 40 of 60 c. Second-story building envelope: See Section 19.28.070 (J) (3) All the maximum exterior wall height and building height on two-story sections of two-story structures must fit into the building envelope defined by: i. A 15-foot-high vertical line from natural A 25-degree roof line angle projected inward at the 15- foot-high line referenced above.grade measured at the property line; and ii. A 25-degree roof line angle projected inward at the 15-foot-high line referenced above. d. Notwithstanding subsections (b) and (c) above, portions of the structures developed utilizing the provisions of subsection (43)(c) above, do not have to meet the first story or second story building envelope requirements. 65. Basements: Not allowed. Allowed, subject to the requirements outlined in Section 19.28.070 (I). 76. Landscaping and Privacy Protection: a. Landscaping: All proposed landscaping shall meet the requirements of Chapter 14.15 of the Municipal Code. b. Front Yard Tree Required: Shall be provided in the same manner as required pursuant to Section 19.28.120. i. A 24-inch box California native tree that typically grows to a mature height of more than 30 feet is required for all two-story homes and must be placed in the center 50% of the front yard. ii. An existing mature tree in the front yard that is or can typically grow to a height of 30 feet of more and is located in the center 50% of the front yard can be used as the front yard tree, subject to an ISA certified arborist certifying that the tree is in good health. iii. A covenant shall be recorded to identify the front yard tree as a Protected Tree and notifying current and future property owners to retain and maintain the tree in good health. c. Privacy Protection Planting: for windows from second story windows shall be providedrequired in the same manner as required pursuant to Section 19.28.120., except as provided below: i. Windows or other openings in the wall with a side yard setback less than 10 feet shall have a minimum windowsill height of five feet one inch or shall have obscure glass and be inoperable with a fixed pane(s). ii. Windows or other openings in the wall with a rear yard setback less than 25 feet shall have a minimum windowsill height of five feet one inch, or shall have obscure glass and be inoperable with a fixed pane(s). iii. Subsections (a) and (b) do not apply to skylights or windows which do not have views into an adjacent side or rear yard or that face a street or a non-residential zoning district. 58 Page 41 of 60 iv. Minimum planter width required for privacy planting shall be three feet. Emergency access paths shall not be concurrent with areas designated as privacy planting planters. 87. Private open space: Each unit must provide at least 15% of the unit floor area as private open space on the first floor, with no dimension less than 10 feet. Private open space shall not be located in the required front yard setback area. See Section 19.28.110 (A) (12). 8. Permitted yard encroachments: a. Front entry features, but not porches, may encroach into a required front yard setback up to three feet. b. Architectural features Mmay extend into a required yard a distance not exceeding three feet. c. No architectural feature, or combination thereof, whether a portion of a principal or accessory structure, may extend closer than three feet to any property line. d. Architectural features may not exceed 50% of the wall they are on, as measured from the interior wall surfaces. 9. Second story decks, balconies, or similar features Not Allowed Minor Residential Permit required consistent with Section 19.28.070 G. 10. Design Standards: a. See Sections 19.28.060, 19.28.070, and 19.28.110 (A). a. Entry features: i. A maximum of one entry feature per unit is allowed and no more than one entry feature per structure shall be allowed. ii. The entry feature shall be oriented to face the street and shall include a front entry door also oriented to face the street. iii. Maximum entry feature height is 14 feet as measured from natural grade to the top of the plate. iv. If a duplex with attached units is proposed, a proposed entry feature may incorporate two entrance doors for the two units. One of the entrance doors or a common opening into a shared entry portal shall be oriented to face the street. v. If duplexes are proposed on corner lots, the entrances to the two units shall be on different street frontages, except that if the corner lot fronts a major collector, both the entrances may be located on the minor collector or neighborhood street. b. If a front porch (not a front entry feature) is proposed, the porch shall be proportionately greater in width than in height. i. Porch elements shall have detailing that emphasizes the base and have caps for posts and fence elements of the porch. c. Exterior and/or uncovered stair access shall not be allowed to the second floor. 59 Page 42 of 60 d. All new structures proposed in the R1-e zoning district shall meet the building design requirements in Section 19.28.080 and shall meet the Eichler design guidelines. e. In the R1-a zoning district, the second story shall not cantilever over a first story wall plane. f. In addition to standards outlined in subsections (1) – (9) above, development on properties with an average slope greater than 10% shall comply with Section 19.40.050 (F), (G), and (I) and Section 19.40.060(E), (H), (I) and (J). g. Windows and doors shall either: i. Have a minimum three-and-one half inch in width by three-quarter inch in depth trim when protruding from the wall or ii. Be inset a minimum of three inches from the exterior finish of the structure. If recessed, the primary siding material shall cover the recessed edge faces and wrap toward the interior face of the window glazing or door by not less than two-inch depth. h. All garage doors shall be recessed a minimum of six (6) inches from the surrounding building wall and shall include trim of at least one and a half (1.5) inches in depth. i. Roof overhangs or building eaves shall be a minimum of 12 inches in width. j. Detached structures on a lot must use the same architectural style and materials. k. Where the garage faces the side yard, but is visible from the street, the garage shall incorporate a window on the street front facade so that it appears to be a habitable portion of the house. The window style must be the same as the windows on the habitable dwelling unit(s). l. Enclosed living area shall be closer to the street than garage space. Garages shall be set back as identified in subparagraph (3) above. m. No more than fifty percent of the front elevation of a house shall consist of garage space. n. The maximum width of a garage on the front elevation shall be 24 feet for a two-car garage. o. Garage doors for no more than two car spaces shall be visible from the public right of way. p. Outdoor lighting shall comply with the requirements of Chapter 19.102. q. The elevation facing a street shall incorporate at least four architectural features, such as bay windows or an entry feature, and/or elements of architectural interest, such as wall insets or offsets, planters, railings, trellises, a combination of roofing elements (e.g., hip and gable roofs), dormers, change in architectural materials, quoins, accent tiles, or an accent window inset greater than six inches. Windowsills, door or window trim, and roofing materials do not count as one of the features. 60 Page 43 of 60 r. Gable ends and dutch gable ends taller than thirty inches shall include at least one element of architectural interest such as:  a wall offset with corbels, brackets or change in materials;  louvered wood or metal vents;  clay of terracotta tile vents;  accent tile decoration;  medallion decoration;  metal grille;  a change in architectural materials;  incorporation of corbels;  decorative gable pediments;  eyebrow trellises or pergola structurally attached to the building or  windows/glazing. s. Stone veneer or accent materials used as a wainscot on a street facing façade shall be wrapped around to the side façade and end at a logical terminus, such as a fence line or a chimney or at an interior corner. t. Stone veneer or any other siding material wrapped on columns shall terminate at the floor. 11. Accessory buildings/structure: a. Allowed pursuant to the requirements of Chapter 19.100, except that Accessory Dwelling units or Junior Accessory Dwelling units shall not be permitted on any lot in the R-1 zoning district if a lot split has been approved pursuant to Section 18.12.170 and one or more unit(s) hasve been approved for construction pursuant to this Section 19.28.150 on each resulting lot. b. Limited to one story (not exceed 15 feet). c. Accessory Dwelling Units shall meet subsections (1) and (2) above and shall additionally be in compliance with the regulations of Chapter 19.112. d. Air conditioning units and similar mechanical equipment such as generators, sump pumps, heating, and ventilation equipment shall be ground-mounted and screened from public view or underground and shall meet accessory structure setbacks and adhere to the requirements of Chapter 10.48 of the Municipal Code. 12. Fences: Shall comply with the requirements of the Chapter 19.48 of the Municipal Code. 1213. Refuse, recycling, and other containers a. See Section 19.28.070 (L) and 19.28.090 (M). A minimum 8-foot by 3-foot space per unit, not visible from the street, shall be provided in an interior yard behind a fence. 61 Page 44 of 60 b. This area shall not be concurrent with any emergency access pathway required by the Fire Department. 1314. Parking a. Units shall have at least one off-street parking space, except that parking requirements shall not be imposed in either of the following instances: i. The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in Public Resources Code Section 21155(b) Code, or of a major transit stop, as defined in Public Resources Code Section 21064.3. ii. There is a car share vehicle located within one block of the parcel. b. Each pParking space(s) shall be provided in an enclosed garage encompassing a 10’ by 20’ space for each space, unobstructed (i.e., by walls, appliances, etc.) between six inches from finished floor up to six feet from finished floor. c. When additional enclosed parking space(s) is/are provided, the space(s) shall meet the requirements of Chapter 19.124. 1415. Driveway and curb cuts: a. A one car driveway shall be a minimum of 10 feet in width and a maximum of 12 feet in width. b. A two-car driveway shall be a maximum of 20 feet in width. Any third or more driveway spaces shall be in tandem. c. Subparagraphs a and b do not apply to the flag lot access area. d. When a two-car curb cut is permitted, a maximum 18’ foot wide curb cut shall be allowed. e. When a one-car curb cut is permitted, a maximum 12’ foot wide curb cut shall be allowed. Subject to the requirements of Sections 19.28.070 (G) and 19.28.070 (H). 1516. Short Term Rentals Prohibited: No residential unit created pursuant to this Section may be rented for a term of 30 days or less. 62 Page 45 of 60 Chapter 19.36 56. Update Table 19.36.070 (C) (3) to make consistent use of the spelling of usable: Projects with up to four units Projects with five or more units 3. Rear- yard 20 feet or 20% of the lot depth, whichever is greater. Main building may encroach as close as 10 feet to rear lot line if a useable rear-yard setback area of not less than twenty times the width of the lot is maintained. 20 feet or 20% of the lot depth, whichever is greater. 20 feet or 20% of the lot depth, whichever is greater. Main building may encroach as close as 10 feet to rear lot line if a useable rear-yard setback area of not less than twenty times the width of the lot is maintained. 20 feet or 20% of the lot depth, whichever is greater. Additional 10 feet for floors more than one story higher than any adjacent primary residential structures. 57. Edit Table 19.36.070 (G) to use correct spelling of sight: G. Corner Triangle and Sidewalk Sighte Triangle Shall remain free and clear of all buildings or portions thereof Chapter 19.38 58. Edit Table 19.38.070 (F) to use correct spelling of sight: Chapter 19.40 59. Update Section 19.40.040 (A) to make requirement for information clearer: A. Site Plans that show topographical information at contour intervals not to exceed ten feet and a horizontal map scale of one inch = two hundred feet or larger and identify all areas with slopes of thirty percent or more. 60. Update Section 19.40.050 (B) (5), 19.40.050 (E) (1), 19.40.050 (F) (1) and (2), and 19.40.050 (I) through (K) to clarify objective language and update standards for residential hillside F. Corner Triangle and Sidewalk Sighte Triangle Shall remain free and clear of all buildings or portions thereof. 63 Page 46 of 60 projects to reflect changes to State law made through SB450 and to correct landscaping standards reference: B. Minimum Lot Area 5. Lots created and/or developed pursuant to Government Code Section 64411.7 and 65852.21 a. Each resulting lot shall be at least 40% of the size of the original lot being split. b. Each resulting lot shall share one common driveway. If an existing driveway or curb cut exists, a new driveway or curb cut location shall not be approved. c. Up to two new property lines may be added to create a new lot and shall follow the contours of the property. d. If in an area where direct sanitary sewer connection is unavailable, a percolation test completed within the last five years, or if the percolation test has been recertified, within the last 10 years, must be provided. e. Building pads shall be identified on the flattest portion of a lot, closest to an existing driveway. Where no driveway exists, building pads shall be identified on the flattest portion of the lot, closest to the access road unless doing so would result in a combined grading total greater than that required for siting elsewhere on the lot. In those cases, building pads shall be sited so as to result in the minimum required grading to develop two units of up to 800 square feet each. f. b. No side or rear setbacks shall be required for an existing structure or for a structure constructed in the same location and to the same dimensions as an existing structure. g. No new or expanded structures shall encroach upon any existing public or private utility easements. E. Site Grading 1. Maximum Grading Quantity a. Cumulative total of 2,500 cubic yards, cut plus fill. Includes: grading for building pad, yard areas, driveway and all other areas requiring grading. Excludes: basements b. All cut and fill shall be rounded to contour with natural contours and planted with landscaping which meets the requirements in Section 19.40.050 GF. c. For each of the lots developed or created pursuant to Government Code Sections 64411.7 and 65852.21, a cumulative total of 1,250 cubic yards, cut plus fill (including grading for 64 Page 47 of 60 building pad, yard areas, driveway, all other areas requiring grading, and basements), except if the original lot that was subdivided has already performed prior grading, then the amount of grading that has previously occurred shall be reduced from the maximum grading quantity allowed cumulatively on the two resulting lots. i. Unless required by the City Engineer or to meet Fire Code requirements, grading activity on lots with an average slope of: A. Less than five percent shall not result in a change in grade elevation by more than 12 inches from existing natural grade. B. Between five and ten percent shall not result in a change in grade elevation by more than 24 inches from existing natural grade. C. Ten percent or more shall not result in a change in grade elevation by more than three feet from existing natural grade. c. In all cases, the following shall apply: i. Changes in grade elevation shall be limited to the minimum extent necessary to ensure adequate drainage and access as demonstrated by a grading and drainage plan prepared by a registered civil engineer. ii. Split level designs shall be used to avoid additional changes in grade elevation. iii. Unless otherwise required by the City Engineer, spoils shall be balanced on site and shall match the existing grading and drainage pattern of the site. iv. Unless required by the City Engineer, development shall not result in a finished floor more than 36 inches above finished grade. d. Shall be limited to the building pad area to the greatest extent possible. 2. Graded Area a. Shall be limited to within 50 feet of the building pad area, unless additional grading is required for emergency access, as determined by the Fire Department, or for utilities, as determined by the applicable service provider or the City Engineer to the greatest extent possible. b. For lots developed or created pursuant to Government Code Sections 64411.7 and 65852.21, graded areas are limited to within 50 feet of the building pad area. 65 Page 48 of 60 3. Common Driveways Grading quantities shall be divided equally among the participating lots. E.g., two lots sharing a driveway shall divide the driveway grading quantity in half. The divided share will be charged against the grading quantity allowed for that lot development. 4. Flat Yard Area a. Limited to a maximum of 2,500 square feet, excluding driveways. b. For a two-lot subdivision, lots developed or created pursuant to Government Code Section 64411.7, limited to a maximum of 1,250 square feet per lot, excluding driveways, except as further limited by subsection (I). 5. Soil Erosion and Screening of Cut and Fill Slopes Plan A licensed landscape architect shall review grading plans and shall, in consultation with the applicant and the City Engineer, submit a plan to prevent soil erosion and to screen cut and fill slopes. F. Landscaping 1. Tree Planting Plan Shall be prepared by a licensed landscape architect to: a. Screen the residential structures to the greatest possible extent from the following prominent intersections. For projects pursuant to Government Code Section 65852.21, nNo more than 50% of the visible wall face surface area shall be visible from the following prominent intersections: i. Foothill Boulevard and Cristo Rey Drive ii. Foothill Boulevard and Alpine Way iii. Bellevue and Carmen Road iv. Linda Vista Drive and Hyannisport Ave v. Hyannisport Ave and Bubb Road vi. Rainbow Ave and Weymoth Drive. A visual simulation from each of the intersections above shall be provided to indicate compliance. 2. Landscape Requirements a. Reintroduce trees on barren slopes which were denuded by prior agricultural activities. b. Must comply with the Chapter 14.15, Landscaping Ordinance and Wildland Urban Interface Fire Area (WUIFA) requirements. c. At least 50% of the front yard area shall be landscaped (i.e., not hardscaped) I. Development on Slopes of ≥ 30% a. Hillside Exception required for all grading, structures, and other development > 500 square feet, except that on lots developed or created pursuant to Government Code Sections 64411.7 and 65852.21, grading, building pads for structures 66 Page 49 of 60 and other development is limited to a maximum of 500 square feet for each lot. b. If the lots developed or created pursuant to Government Code Sections 64411.7 and 65852.21 have no areas with slopes less than 30% that can accommodate up to two units of 800 square feet each, grading for building pads for structures is limited to 800 square feet. No other development shall be permitted on such lots (e.g., development for flat yard area), unless required by the City Engineer. J. Trail Linkages and Lots Adjoining Public Open Spaces Site Plan a. Site plan must identify trail linkages as shown in the General Plan Trail Plan, on and adjacent to the site. b. If a trail linkage is identified across a property being developed, development shall not take place within that area unless approved through the exception process, except that on lots developed or created pursuant to Government Code Sections 64411.7 and 65852.21, no development may occur in an area where a trail linkage is identified on the property. c. For lots adjoining Public Open Spaces, driveways and buildings shall be located as far as feasible from the Public Open Space and designed in a manner to minimize impacts on the Public Open Space, except that on lots developed or created pursuant to Government Code Sections 64411.7 and 65852.21, no development may occur within 50 feet of a Public Open Space unless doing so would preclude the development of up to two units of 800 square feet each. K. Views and Privacy It is not the responsibility of City Government to ensure the privacy protection of the building permit applicant or owners of surrounding properties that may be affected by the structure under construction. However, the Director of Community Development may confer with the building permit applicant to discuss alternate means of preventing privacy intrusion and preserving views except that for lots developed or created pursuant to Government Code Sections 64411.7 and 65852.21, privacy protection planting, as required pursuant to Section 19.28.120, is required for views from the second story into adjoining side or rear yards. Windows or other openings in the wall with a side yard setback less than 15 feet or a rear yard setback less than 25 feet shall have a minimum windowsill height of five feet one inch or shall have obscure glass and be inoperable with a fixed pane(s). 67 Page 50 of 60 61. Update Table 19.40.060 (A) to address inadvertent changes to standards for lots less than 10,000 square feet in size and to reflect changes to State law made through SB450: A. Floor Area Ratio (FAR) 1. Maximum Allowable Development a. Except as otherwise provided herein, a ministerially approved housing development project approved pursuant to this Section shall not exceed 800 square feet per unit. b. Notwithstanding Paragraph (a), a ministerially approved housing development approved pursuant to this Section may have a floor area as calculated in subsection (c) below, if it complies with the requirements of this Section; provided, however, that if the housing development is on a parcel created by a ministerial lot split under Chapter 18.20.170, the maximum allowable floor area for the original lot shall be allocated to each resulting lot equal to the proportionate size of each resulting lot to the original lot. However, under no circumstances shall the size of ministerially approved units exceed 2,000 square feet of living space. c. For projects not subject to ministerial approval under Paragraph (a) or (b), maximum allowable development shall be the lesser of: i. 6,500 square feet; or ii. For lots with a net lot area of less than 10,000 square feet, 45% of the net lot area times the slope adjustment factor pursuant to Section 19.40.060(A)(2)*; or *Formula = (0.45 x Net lot area) x (Slope adjustment factor) iii. For lots with a net lot area of greater than or equal to 10,000 square feet, 4,500 square feet plus 59.59 square feet for every 1,000 square feet over 10,000 square of net lot area, times the slope adjustment factor pursuant to Section 19.40.060(A)(2)** **Formula = (4,500 + ((Net Lot Area - 10000)/1000) (59.59)) x (Slope Adjustment Factor) 62. Update Table 19.40.060 (A) (2) (c) to clarify slope adjustment factor for slopes exceeding 30%: c. Average slope > 30% Allowable floor area shall be reduced by a constant 30% Slope adjustment factor=(1- 0.3) = 0.7 >30% 30.00% 63. Update Sections 19.40.060 (D), 19.40.060 (F) (1), 19.40.060 (H), and 19.40.060 (L) to clarify objective language and update standards for ministerial approval of up to two units to reflect changes to State law made through SB450: D. Second and Third Story Decks and Patios Balconies Minimum Setbacks 68 Page 51 of 60 1. Front Yard - 17 feet 17 feet 2. Side Yard - 15 feet 15 feet 3. Rear Yard - 20 feet 20 feet 4. Lots developed pursuant to Government Code Section 65852.21 Not allowed. F. Permitted Yard Encroachments 1. Extension of a Legal Non- conforming Wall Plane for structures not located within a prominent ridgeline site line a. Where a building legally constructed according to existing first floor yard and setback regulations at the time of construction encroaches upon present required first floor setbacks, one encroaching side of the existing structure may be extended along existing building lines. b. Only one such extension shall be permitted for the life of the building. c. Encroachments into a required yard which are the result of the granting of a variance may not be further extended. d. Further encroachment into a required setback is not allowed; i.e., a non- conforming setback may not be further reduced. e. In no case shall any wall plane of a first-story addition be placed closer than three feet to any property line. f. Shall not apply to properties developed or created pursuant to Government Code Section 65852.21 and 64411.7. G. Accessory Structures (including attached patio covers) a. As allowed by Chapter 19.100, Accessory Buildings/Structures b. Lots created and developed with two units pursuant to Government Code Sections 64411.7 and 65852.21 may not develop an Accessory Dwelling Unit or Junior Accessory Dwelling Unit. Air conditioning units and similar mechanical equipment such as generators, sump pumps, heating, and ventilation equipment shall be ground-mounted and screened from public view or underground, and shall meet accessory structure setbacks and adhere to the requirements of Chapter 10.48 of the Municipal Code. H. Design Standards 1. Building and Roof Forms a. Natural Contours Building shall follow as closely as possible the primary natural contour of the lot. b. Building Mass and Roof Pitches The main building mass shall be on the upslope side of the building and the roof pitches shall trend downslope. 69 Page 52 of 60 c. Second Story Dormers Permitted within the second story setbacks as long as they are minor in shape and size. d. Downhill Elevation of main structure Shall have a minimum of four offset building and roof elements to provide varied building forms to produce shadow patterns which reduce the impact of visual mass. e. High Wall Planes Wall planes exceeding one story or 20 feet in height, whichever is more restrictive, shall contain architectural elements in order to provide relief and to break up expansive wall planes. f. Roof Overhangs Roof overhangs or building eaves shall be a minimum of 12 inches in width 2. Colors a. Natural Earth Tones All structures on the lot shall use natural earth tone and/or vegetation colors which complement the natural surroundings. Natural earth-tone and vegetation colors include natural hues of brown, green and shades of gray. b. Reflectivity Value Shall not exceed 60 on a flat surface 3. Outdoor Lighting All outdoor lighting shall meet the requirements in Chapter 19.102. 4. Garages All projects shall strive to attain, except that ministerially approved projects pursuant to Government Code Section 65852.21 shall attain, the following standards: a. No more than 50% of the façade visible from the right of way shall comprise the garage. b. A two car garage face shall not exceed 24 feet in width and a one car garage face shall not exceed 12 feet in width. c. Garages visible from the right of way shall be setback a minimum of two feet from the livable areas of the home except if only the garage and/or the entrance to the home, and no other livable portions of the home, are accessible from the street level. d. Third car spaces shall be provided in tandem or shall be provided in a detached accessory structure. e. All garage doors shall be recessed a minimum of six (6) inches from the surrounding building wall and shall include trim of at least one and a half (1.5) inches in depth. 70 Page 53 of 60 f. Where the garage door faces the side yard, but the garage itself is visible from the street, the garage shall incorporate a window on the street front facade so that it appears to be a habitable portion of the house. The window style must be the same as the windows on the habitable dwelling unit(s). g. Garage doors for no more than two car spaces shall be visible from the public right of way. 5. Entry Features All projects shall strive to attain, except that ministerially approved projects pursuant to Government Code Section 65852.21 shall attain, the following standards: a. Only one entry feature shall be permitted per structure and only one entry feature shall be visible from the public street. b. Duplexes shall have entrances to each unit on different building frontages. c. Entry features shall be limited to 14 feet in height from the natural grade to the top of wall plate. 6. Uncovered/ exterior staircases Not allowed. 7. Basements Allowed, subject to the requirements outlined in Section 19.28.070 (I). 8. Detached Structures Detached structures on a lot must use the same architectural style and materials. 9. Architectural Features The elevation facing a street shall incorporate at least four architectural features, such as bay windows or an entry feature, and/or elements of architectural interest, such as wall insets or offsets, planters, railings, trellises, a combination of roofing elements (e.g. hip and gable roofs), dormers, change in architectural materials, quoins, accent tiles, or an accent window inset greater than six inches. Windowsills, door or window trim, and roofing materials do not count as one of the features. 10. Gable and Dutch Gable Ends Gable ends and Dutch gable ends taller than thirty inches shall include at least one element of architectural interest such as:  a wall offset with corbels, brackets or change in materials;  louvered wood or metal vents;  clay or terracotta tile vents;  accent tile decoration;  medallion decoration;  metal grille;  a change in architectural materials;  incorporations of corbels;  decorative gable pediments; 71 Page 54 of 60  eyebrow trellises or pergola structurally attached to the building or  windows/glazing. 11. Accent Materials a. Stone veneer or accent materials used as a wainscot on a street facing façade shall be wrapped around to the side façade and end at a logical terminus, such as a fence line or a chimney. b. Stone veneer or any other siding material wrapped on columns shall terminate at the floor or ground, as applicable. 12. Private Open Space Each unit must provide at least 15% of the unit floor area as private open space on the first floor, with no dimension less than 10 feet. 13. Refuse, recycling, and other containers a. A minimum of an 8 foot by 3 foot space per unit, not visible from the street, shall be provided in an interior yard, behind a fence. b. This area shall not be concurrent with any emergency access pathway required by the Fire Department. L. Off-street Improvements For lots developed pursuant to Government Code Section 65852.21, uUpon development of any newly subdivided the lot, appropriate public right of way dedications shall be made to accommodate the predominant width of the street and street improvements shall be installed to the Public Works Departments standards. 64. Update Section 19.40.090 to clarify objective language and update standards for ministerial approval of up to two units to reflect changes to State law made through SB450: Objective Zoning and Design Standards for Ministerially Approved Housing Development Projects. In addition to any applicable objective zoning standards, objective subdivision standards, and objective design review standards in the Municipal Code, a housing development project approved pursuant to this Section must comply with all applicable objective zoning and design standards to the maximum extent permissible under Government Code Section 65852.21, including but not limited to the standards for ministerial development projects in Section 19.40.050 and 19.40.060 and the following: 1. Basements Not aAllowed, subject to the requirements outlined in Section 19.28.070 (I). 2. Balconies, decks, or other similar structures Not aAllowed, subject to the setback requirements outlined in Section 19.40.060 (D). 3. Design Standards a. See Section 19.40.060. a. Windows and Doors shall either: i. Have a minimum three-and-one half inch in width by three-quarter inch in depth trim when protruding from the wall or 72 Page 55 of 60 ii. Be inset a minimum of three inches from the exterior finish of the structure. If recessed, the primary siding material shall cover the recessed edge faces and wrap toward the interior face of the window glazing or door by not less than two-inch depth. b. All garage doors shall be recessed a minimum of six (6) inches from the surrounding building wall and shall include trim of at least one and a half (1.5) inches in depth. c. Roof overhangs or building eaves shall be a minimum of 12 inches in width. d. Detached structures on a lot must use the same architectural style and materials. e. Where the garage faces the side yard, but is visible from the street, the garage shall incorporate a window on the street front facade so that it appears to be a habitable portion of the house. The window style must be the same as the windows on the habitable dwelling unit(s). f. Garage doors for no more than two car spaces shall be visible from the public right of way. g. The elevation facing a street shall incorporate at least four architectural features, such as bay windows or an entry feature, and/or elements of architectural interest, such as wall insets or offsets, planters, railings, trellises, a combination of roofing elements (e.g. hip and gable roofs), dormers, change in architectural materials, quoins, accent tiles, or an accent window inset greater than six inches. Windowsills, door or window trim, and roofing materials do not count as one of the features. h. Gable ends and dutch gable ends taller than thirty inches shall include at least one element of architectural interest such as: o a wall offset with corbels, brackets or change in materials; o louvered wood or metal vents; o clay or terracotta tile vents; o accent tile decoration; o medallion decoration; o metal grille; o a change in architectural materials; o incorporations of corbels; o decorative gable pediments; o eyebrow trellises or pergola structurally attached to the building or o windows/glazing. 73 Page 56 of 60 i. Stone veneer or accent materials used as a wainscot on a street facing façade shall be wrapped around to the side façade and end at a logical terminus, such as a fence line or a chimney. j. Stone veneer or any other siding material wrapped on columns shall terminate at the floor. 4. Private Open Space Each unit must provide at least 15% of the unit floor area as private open space on the first floor, with no dimension less than 10 feet. 5. Refuse, recycling, and other containers a. A minimum 8 foot by 3 foot space per unit, not visible from the street, shall be provided in an interior yard behind a fence. b. This area shall not concurrent with any emergency access pathway required by the Fire Department. 4. Setbacks a. See Section 19.40.060. b. Detached structures: Detached structures located on the same lot shall have a setback of five feet as measured between the eaves of the two structures. 56. Parking a. Units shall have at least one off-street parking space, except that parking requirements shall not be imposed in either of the following instances: i. The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in Public Resources Code Section 21155(b) Code, or of a major transit stop, as defined in Public Resources Code Section 21064.3. ii. There is a car-share vehicle located within one block of the parcel. b. Parking space(s) shall be provided in an enclosed garage encompassing 10’ by 20’ space for each space, unobstructed (i.e., by walls, appliances, etc.) between six inches from the finished floor up to six feet from the finished floor. c. When additional enclosed parking space(s) is/are provided, the space(s) shall meet the requirements of Chapter 19.124. Chapter 19.44 65. Update Section 19.44.020 (A) to correct reference: A. The requirements of this chapter, unless waived or modified in accord with Section 19.44.0980, must be met with respect to all real properties intended to be developed as, or 74 Page 57 of 60 converted to, a single-family residential cluster development as described in this chapter, including the conversion of existing apartment houses to condominiums. Chapter 19.46 66. Edit Table 19.46.070 (G) to use correct spelling of sight: Chapter 19.60 67. Update Section 19.60.050 to correct references: A. Land Use Criteria. Unless otherwise provided by a conditional use permit, the following regulations shall apply to all users governed by this chapter. 3. The activity must be conducted entirely within a building or enclosed patio or atrium except for: b. Vehicular parking including the parking of business related vehicles that comply with the sign, off-street parking, and noise regulations; c. Outdoor seating for restaurants in accordance with the requirements of Section 19.60.0430. d. Special promotional events undertaken by permitted businesses; e. The display of merchandise in front of stores must be displayed under a roof overhang or canopy and must be displayed in an organized, neat, and safe fashion, in accordance with the requirements of Section 19.60.0430. Chapter 19.100 68. Update Section 19.100.030 (B) (1) (b) to clarify the applicability of the attached accessory structure setbacks: b. Attached accessory buildings/structures Must meet all site development regulations, including setbacks, height and lot coverage regulations applicable to principal dwellings in the applicable zone, unless a separate setback standard is provided in subsection (d) through (g) below. 69. Update Section 19.100.030 (D) (2) (b) to make consistent use of the spelling of usable: G. Corner Triangle and Sidewalk Sighte Triangle Shall remain free and clear of all buildings or portions thereof. b. Maximum lot coverage 30% of the useable rear yard area 75 Page 58 of 60 70. Add Section 19.100.030 (B) (2) (l) to update standards for accessory structures to reflect changes to State law made through SB450: l. Architectural style Detached structures on a lot must use the same architectural style and materials as the primary residence. Chapter 19.102 71. Edit Section 19.102.020 (D) to clarify applicability of standards: D. New or replacement glass windows, doors, or features Section 19.102.030(A), (B), and (D), apply only to the new exterior glass windows, doors, or features Chapter 19.104 72. Update Section 19.104.100 (L) to correct an internal reference: L. Window Signs. Window signs subject to the limitations in Sections 19.104.150 and 19.104.2980. One "OPEN" sign not exceeding two square feet and of any material may be placed in a window without penalty towards window coverage limitations; 73. Update Section 19.104.140 to clarify standards: Commercial & Industrial • One sign per business with exterior frontage • One additional for: - Businesses with no ground sign and adjacent to more than one street or shopping center driveway.; or - Sign directed to interior of project and not visible from any public right- of- • 1 s.f. per linerar ft of store frontage on which sign is located. • 70% of store frontage maximum • Length = total combined length of each row of sign copy • Minimum area = 20 s.f. 200 s.f. • No more than one wall sign per frontage • Shall not project above the roof or top of parapet, unless it is an integral part of the face of an architectural projection. • No projecting wall sign shall extend into a public right-of-way more than twelve inches. Any projecting sign shall have a vertical clearance of at least fifteen feet above a private or public vehicular roadway, alley, driveway, or parking area, and at least eight feet above a sidewalk, pedestrian mall, or landscaped area. CDD Meets Design Criteria in Section 19.104.220 76 Page 59 of 60 way.; or - Single tenant building pad with more than 5,000 s.f. Office & Institutional • One sign per business with exterior frontage • One additional for: - Businesses with no ground sign and adjacent to more than one street or major shopping center driveway.; or - Sign directed to interior of project and not visible from any public right- of- way. • 1 s.f. per linear ft. of business frontage on which sign is located. • 70% of business frontage maximum • Length = total combined length of each row of copy 40 s.f. Same as above CDD Same as above 74. Update Section 19.104.150 (C) to correct an internal reference: 14.24.050 C. Logos, Symbols, or Insignia All except residential districts Same as Sec. 14.24.050 19.104.140 9 s.f. Same as Sec. 19.104.140 •Illuminated - CDD •Not illuminated - exempt Shall meet Design Review Criteria in Sec. 19.104.220 and restrictions in Sec. 19.104.190 75. Edit Table 19.104.160 to use correct spelling of sight: 77 Page 60 of 60 Use/ Zoning Number Size Allowed Area & Length Location Maximum Height Review Authority Review Criteria • Double faced signs: Area of larger face of sign = Total Sign Area • No portion of any sign over three feet in height shall be located within a corner triangle or sidewalk sighte triangle. Chapter 19.124 76. Update reference in Section 19.124.030 (I) to parking exception approval authority: I. Tandem, Valet, and Other Special Parking Arrangements Tandem, Valet, and other special forms of parking may be approved per Section 19.124.0650C. 77. Revise language in Section 19.124.040 to clarify intent and applicability of standard. N. Landscape Requirements Applicable to all new centers and centers with a twenty-five percent or greater increase or decrease in floor area or a twenty-five percent or greater change in floor area resulting from a use permit or architectural and site approval within twelve months shall be required to meet the following minimum landscape requirements. However, the Planning Commission and/or City Council may recommend additional landscaping. Chapter 19.132 78. Update Section 19.132.050 to refer to Conditional Use Permit findings: Written findings regarding the granting or denial of any conditional use permit subject to this chapter shall be made by the Planning Commission in accordance with Chapter 19.156 and shall be based on substantial evidence in light of the entire administrative record. 78 Page 6 of 61 EXHIBIT A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO TO AMEND MULTIPLE CHAPTERS OF THE MUNICIPAL CODE TO MAKE MINOR TEXT EDITS FOR IMPROVED CLARITY AND CONSISTENCY The sections of the Cupertino Municipal Code set forth below are amended or adopted as follows: Text added to existing provisions is shown in bold double-underlined text (example) and text to be deleted is shown in strikethrough (example). Text in existing provisions is not amended or readopted by this Ordinance. Text in italics is explanatory and is not an amendment to the Code. Chapter 14.15 1. Update to Section 14.15.020 (A) (1) – ȱ ŗŚǯŗśǯŖŘŖȱ ȱ Ěȱ ȱ ȱ ȱ Documentation Package is required for projects with a landscape area of equal to or greater than 2,500 square feet, consistent with CCR Title 23, § 490.1: Type of Permit Total Landscape Area Requirement Building Permits New home in R1, RHS, A1 or R2 Zones < 500 s.f. Prescriptive Compliance Application (Appendix A) - Informational only 500 s.f. - 2,500 499 s.f. Prescriptive Compliance Application (Appendix A) or Landscape Documentation Package (Sec. 14.15.050) > ǃ 2,500 s.f. Landscape Documentation Package (Sec. 14.15.050) Planning Permit or Grading Permit New home in R1, RHS, A1 or R2 Zones <500 s.f. Prescriptive Compliance Application (Appendix A) - Informational only 500 s.f. - 2,500 499 s.f. Prescriptive Compliance Application (Appendix A) or Landscape Documentation Package (Sec. 14.15.050) > ǃ 2,500 s.f. Landscape Documentation Package (Sec. 14.15.050) Minor edits to match State law 79 Page 7 of 61 Commercial, industrial, office, multiple-family residential, townhome, public and institutional projects ǂ < 2,500 s.f. Prescriptive Compliance Application (Appendix A) or Landscape Documentation Package (Sec. 14.15.050) > ǃ 2,500 s.f. Landscape Documentation Package (Sec. 14.15.050) Any landscape installation or rehabilitation project < 2,500 s.f. Prescriptive Compliance Application (Appendix A) - Informational only > ǃ 2,500 s.f. Landscape Documentation Package (Sec. 14.15.050) New and rehabilitated cemeteries >0 s.f. Water Budget Worksheet (Appendix B) Landscape and Irrigation Maintenance Schedule (Sec. 14.15.120) Landscape Installation Report (Sec. 14.15.130) Existing and established landscapes, including cemeteries >1 acre Water Budget Worksheet (Appendix B) Audit of Established Landscapes (Sec. 14.15.150) Chapter 14.18 2. Reorder Chapter 14.18 to improve readability: 14.18.010 Purpose. ŗŚǯŗŞǯŖŘŖȱęǯ 14.18.0340 Actions Prohibited. 14.18.04180 Retention Promoted. 14.18.0530 Protected Trees. 14.18.2060 Plan of Protection. 14.18.07150 Heritage Tree Designation. 14.18.08160 Heritage Tree List. 14.18.0917Ŗȱ ȱȱęȱ Tag. 14.18.1090 Recordation. 14.18.11070 Application and Approval Authority for Tree Removal Permit. 14.18.12080 Action by Director. 14.18.13090 Notice and Posting. 14.18.140 Tree Management Plan. 14.18.15060 Exemptions. 14.18.1600 Tree Replacement. 14.18.1730 Retroactive Tree Removal Permit. 14.18.010 Purpose. ŗŚǯŗŞǯŖŘŖȱęǯ 14.18.030 Protected Trees. 14.18.040 Actions Prohibited. 14.18.050 Penalty. 14.18.060 Exemptions. 14.18.070 Application and Approval Authority for Tree Removal Permit. 14.18.080 Action by Director. 14.18.090 Notice and Posting. 14.18.100 Tree Replacement. 14.18.110 Review, Determination and Findings. 14.18.120 Notice of Action on Permit - Appeal. 14.18.130 Retroactive Tree Removal Permit. 14.18.140 Tree Management Plan. 14.18.150 Heritage Tree Designation. 14.18.160 Heritage Tree List. 14.18.17Ŗȱ ȱȱęȱǯ 14.18.180 Retention Promoted. Reordered for improved readability 80 Page 8 of 61 14.18.1810 Review, Determination and Findings. 14.18.1920 Notice of Action on Permit - Appeal. 14.18.2010 Protection During Construction. 14.18.2120 Protection Plan Before Demolition, Grading or Building Permit Granted. 14.18.22050 Penalty. 14.18.190 Recordation. 14.18.200 Plan of Protection. 14.18.210 Protection During Construction. 14.18.220 Protection Plan Before Demolition, Grading or Building Permit Granted. 3. Update Section 14.18.100 (previously Section 14.18.160) - Replacement Tree Guidelines for consistency with Section 14.18.030. Diameter of Trunk Size of Removed Tree (Measured 4½ feet above grade) Replacement Trees Up to 12 inches* One 24" box tree Over 12 inches and up to 36 18 inches Two 24" box trees or One 36" box tree Over 18 inches and up to 36 inches Over 36 inches One 36" box tree Heritage tree One 48" box tree * Does not apply to R1, A1, A, RHS, and R2 zones except to approved development trees(s), and approved required privacy protection plantings trees in R-1 zones. 4. Modify Section 14.18.200 (B) (previously Section 14.18.060 (B)) to clarify standards and ensure consistency with Zoning Ordinance: B. Privacy planting in R-1 zoning districts shall be maintained by the property owner of the lot on which the privacy planting specimens are located. Landscape planting maintenance includes irrigation, fertilization, and pruning, as necessary, to yield a growth rate expected for a particular species. Where existing privacy plantings are approved for removal or dies, replacement privacy trees must be planted it must be replaced within thirty days with in the same location, size and with the same species, and of the same size as the tree(s) being replaced, unless the location, species, or size is determined to be infeasible by the Director of Community Development. If an alternative location is proposed due to infeasibility of replanting in the same location, as determined by the Director, the alternative location must continue to provide screening of the privacy viewshed, as ęȱȱȱŗşǯŘŞǯŗŘŖȱǻǼȱǻŘǼȱǻǼ.described in Ordinance No. 1799 (privacy Ǽȱȱȱ¡ǯȱȱěȱ¢ȱ ǰȱ ȱ¢ȱȱ planting on his or her lot, is required to maintain the required planting and shall be required to comply with Section 14.18.100. Minor edit to improve readabilit Minor edit to clarify applicability of standards Minor edit to clarify responsibility of maintenance Minor edit to refine language and detail requirements consistent with existing standards in Title 19 Minor addition to address potential exceptions 81 Page 9 of 61 5. ȱȱȱȱŗŚǯŗŞǯŖŘŖȱȱĚȱ-ordered sections: ǯȱȃȱȄȱȱ¢ȱȱȱȱęȱȱȱŗŚǯŗŞǯŖ530. ǯȱȃȱȄȱȱ¢ȱȱȱȱęȱȱȱŗŚǯŗŞǯŖ530 (B). T. “Tree removal permit” means a permit for tree removal of any protected trees pursuant to Section 14.18.0530. 6. ȱȱȱȱŗŚǯŗŞǯŖŚŖȱǻǼȱǻ¢ȱȱŗŚǯŗŞǯŖřŖȱǻǼǼȱȱĚȱ- ordered sections: ǯȱȱȱ ȱȱȱ¢ȱȱȱȱ¢ȱ£ȱȱ ȱęȱȱȱ tree removal permit as required by Section 14.18.11070, unless a permit is not required per Section 14.18.15060. 7. ȱȱȱȱŗŚǯŗŞǯŖřŖȱǻ¢ȱȱŗŚǯŗŞǯŖśŖǼȱȱĚȱ-ordered sections: Except as otherwise provided in Section 14.18.1730, the following trees shall not be removed ȱęȱȱȱȱȱǱ 8. ȱȱȱȱŗŚǯŗŞǯŗśŖȱǻǼȱǻ¢ȱȱŗŚǯŗŞǯŖŝŖȱǻǼǼȱȱĚȱ- ordered sections: B Application. In addition to requirements of Section 14.18.11070, an application for a heritage tree designation shall include: 9. Update references in Section 14.18.190 (previously Section 14.18.100ǼȱȱĚȱ-ordered sections and to make timelines consistent with current processes: Heritage trees, privacy plantings, and approved development trees are required to be retained as part of an application under Section 14.18.0530C. and Section 14.18.0530D. and shall have retention information placed on the property deed via a conservation easement in favor of the City, private covenant, or other method as deemed appropriate by the Director. The recordation shall be completed by the property owner prior tȱęȱȱ ęȱ building permit inspectionissuance, or at a time as designated by the Director of ¢ȱȱ ȱȱȱ ȱȱęȱȱȱęȱbuilding permit inspectionissuance. Updated references Updated references Updated reference Updated reference Updated reference Minor edits to clarify process and timin 82 Page 10 of 61 10. Update references in Section 14.18.070 (previously Section 14.18.110ǼȱȱĚȱ-ordered sections: No person shall directly or indirectly remove or cause to be removed any protected tree ȱęȱȱȱȱȱǰȱȱȱȱȱȱ¡ȱȱȱ 14.18.1506Ŗǯȱȱȱȱȱȱȱȱȱȱęȱ ȱȱȱȱ Community Development and shall contain the following information based on the size and type of the protected tree: … c. Notice and posting per Section 14.18.13090. … B. Maximum tree removal cap. In the R1, A1, A, RHS, and R2 zones, an applicant may ȱȱȱ¡ȱȱȱȱȱęȱȱȱȱȱȱȱȱ property (whichever is greater) with a single-trunk between twelve and twenty-four inches (multi-trunk between twenty-four and forty-eight inches) within a thirty-six month period. The thirty-six month period will start from the date of the approved tree removal permit. Applications requesting to remove additional trees within a thirty-six month period will ȱȱȱȱȱęȱȱȱŗŚǯŗŞǯ13090. … ŗǯȱȱȱȱ¢ȱȱȱȱȱęȱ ȱȱȱ on applications for protected tree removals in accordance with Section 14.18.12080; except for heritage tree removals and tree removals in conjunction with development applications. The Director of Community Development may refer the application to the Planning Commission another approval authority for a report and recommendation. 11. Update references in Section 14.18.080 (previously Section 14.18.120ǼȱȱĚȱ-ordered sections: Upon receipt of a complete tree removal permit application, the Director of Community Development or his or her authorized representative will: A. Review the application pursuant to Section 14.18.1810; B. At the Director’s discretion, conduct a site visit, within fourteen days, to inspect the tree(s) for which removal is requested. Priority of inspection shall be given to those requests based on hazard or disease; and C. Send notices or schedule a hearing in accordance with requirements in Section 14.18.13090 and Chapter 19.12. 12. Update references in Section 14.18.090 (previously Section 14.18.130ǼȱȱĚȱ-ordered sections: Updated references Minor edit to clarify responsible ody Updated references 83 Page 11 of 61 A. Notice and posting shall be provided as indicated in Sections 19.12.030 and 19.12.110F for the following tree removal permits: 1. Mature specimen trees with single trunk over twenty-four inches DBH or for multi- trunk over forty-eight inches DBH; 2. Heritage trees; 3. Privacy planting trees; 4. Approved development trees; and 5. Mature specimen trees exceeding the maximum tree removal cap (Section 14.18.11070B). B. Where approval of a tree removal permit that is subject to the notice and posting requirements of this section is granted by the City, the property owner shall retain the posted notice on site until the tree is removed. C. Specimen trees with single trunk under twenty-four inches DBH or multi-trunk under forty-eight inches DBH, and trees listed under exemptions in Section 14.18.15060 do not require notice or posting. 13. Update references in Section 14.18.140 ȱĚȱ-ordered sections: 7. Notice and posting to residence, Section 14.18.13090. … C. Recordation. The property owner shall have retention information placed on the property in accordance with Section 14.18.1090, referring to the approved tree management plan, upon approval. 14. Update references in Section 14.18.060 (B) (previously Section 14.18.150 (B)ǼȱȱĚȱ- ordered sections: B. The following circumstances warrant the removal of trees prior to securing a permit from the City; however, a tree removal permit application, with no application fees or noticing ǰȱȱȱęȱ ȱęȱ ȱ¢ȱȱȱȱȱŗŚǯŗŞǯŗ730. Tree replacements may be required in conjunction with approval of this tree removal permit (Section 14.18.1600): 1. Removal of a protected tree in case of emergency caused by the hazardous or dangerous condition of a tree, requiring immediate action for the safety of life or property, including but not limited to, (e.g., a tree about to fall onto a principle dwelling due to heavy wind velocities, a tree deemed unsafe, or a tree having the potential to immediately damage existing or proposed essential structures), but only upon order of ȱȱȱ¢ȱǰȱȱ¢ȱȱȱȱěȱȱęȱ departmentǯȱ ǰȱȱȱȱȱȱȱȱȱęȱ ȱ ęȱ ȱ¢ȱȱȱȱȱŗŚǯŗŞǯ11070 through 14.18.12080. The Director Updated references Updated references Updated references 84 Page 12 of 61 of Community Development will approve the retroactive tree removal permit application and may require tree replacements in conjunction with the approval. No application fee or other approval process shall be required in this situation. 2. Dead trees, as determined by the Director of Community Development prior to removal. However, a subsequent application for a ȱȱȱȱęȱ ȱęȱ ȱ days as described in Section 14.18.11070 through 14.18.12080. The Director of Community Development will approve the retroactive tree removal permit application and may require tree replacements in conjunction with the approval. No application fee or other approval process shall be required in this situation. 15. Update references in Section 14.18.100 (previously Section 14.18.160ǼȱȱĚȱ-ordered sections: 1. The approval authority may impose the following replacement standards for approval of each tree to be removed in conjunction with an approved tree removal permit, unless deemed otherwise by the approval authority. Table 14.18.1600A may be used as a basis for this requirement. Table 14.18.1600A - Replacement Tree Guidelines 16. Update references in Section 14.18.110 (D) (previously Section 14.18.180 (D)ǼȱȱĚȱ- ordered sections: D. The approval authority may require tree replacement(s) or accept a tree replacement in- lieu fee per Section 14.18.1600 in conjunction with a tree removal permit. 17. Update references in Section 14.18.220 (previously Section 14.18.210ǼȱȱĚȱ-ordered sections: A. A plan to protect trees described in Section 14.18.201ŖȱȱȱĴȱȱȱȱ of Public Works and to the Director of Community Development prior to issuance of a demolition, grading or building permit. The plan shall be prepared and signed by a licensed ȱȱȱȱęȱy the International Society of Arboriculture and shall be approved by the Director of Community Development. The Director of Community Development shall evaluate the tree protection plan based upon the tree protection standards contained in Appendix A at the end of this chapter. 18. Update references in Section 14.18.050 (previously Section 14.18.220ǼȱȱĚȱ-ordered sections: Updated references Updated references 85 Page 13 of 61 ȱȱȱȱȱȱȱȱȱ ȱęǯȱ¢ȱȱȱ ¢ȱ ǰȱȱȱȱȱȱȱȱ ȱȱȱȱĴȱȱ removal without a valid tree removal permit is guilty of an infraction as outlined in Chapter 1.12 of this code and/or may be required to comply with Sections 14.18.1600 and 14.18.1730. 19. Update references in Chapter 14.18 Appendix A ȱĚȱ-ordered sections: The purpose of this appendix is to outline standards pertaining to the protection of trees described in Section 14.18.2010 and Section 14.18.2120 of Chapter 14.18. The standards are ǯȱȱȱȱȱȱȱ¢ȱȱȱęȱ arborist shall be retained to certify the applicability of the standards and develop additional standards as necessary to ensure the property care, maintenance, and survival of trees designated for protection. 20. Update references in Chapter 14.18 Appendix B ȱĚȱ-ordered sections: REFERENCE PHOTOS OF SPECIMEN TREES PROTECTED IN ACCORDANCE WITH SECTION 14.18.0530B 21. ȱȱŗŚǯŗŞǯŖřŖȱǻǼȱǻ¢ȱȱŗŚǯŗŞǯŖśŖȱǻǼǼȱȱęȱȱ applicability: C. Approved development trees(s), including trees on properties in a Planned zoning designation. 22. Update references in Section 14.18.070 (A) (2) (b) (previously Section 14.18.110) to clarify review requirements: ǯȱȱȱȱȱȱȱęȱ¢ȱȱȱ¢ȱȱ, subject to third-party peer review under the direction of the City at the applicant’s cost, or a deposit for preparation of an arborist report by a City contracted arborist. Chapter 18.20 23. Add Section 18.20.180 to incorporate relocated standards for Ministerial Approval of Urban Lot Splits from the Zoning Ordinance: 18.20.180 Subdivision Standards for Two-Lot Subdivisions in Single-Family Residential Zones. Updated references Minor edit to clarify applicability of standards Edit to add existing policy for peer review 86 Page 14 of 61 A. Lot ę 1. Single- Family Residential Zones (R1) a. No more than two new, non-curved property lines may be added to create a new lot. b. Existing interior lots or pie shaped lots with either (i) 60 feet or more street frontage, or (ii) more than 75 feet of street frontage and a lot depth of up to 145 feet, shall result in a street frontage that is between 40-60% of the existing street frontage of the lot being subdivided. Resulting lots shall have a side-by-side orientation and shall not create a landlocked parcel. c. Existing interior lots or pie shaped lots with more than 75 feet of street frontage and a lot depth of more than 145 feet, may be subdivided in one of the following ways: i. Resulting lots shall have a street frontage that is at least 40% of the existing street frontage of the lot being subdivided. Lots shall have a side-by-side orientation and shall not create a landlocked parcel; or ii. ȱȱȱȱȱȱȱȱĚȱȱ ȱȱȱ ȱǯȱȱȱȱȱȱĚȱȱȱȱȱ entire distance between the two side property lines that intersect with the front property line of the lot being subdivided. d. Existing interior lots or pie shaped lots with less than 60 feet ȱȱȱȱȱȱȱĚȱȱ ȱȱȱ ǯȱȱȱȱȱȱĚȱȱȱȱȱȱ distance between the two side property lines that intersect with the front property line of the lot being subdivided. e. ¡ȱĚȱȱȱȱȱȱȱȱȱȱ orientation as the existing lot (i.e., the existing front lot line must be the front lot line of the future lots and the existing rear lot line shall be the rear lot line of the future lots) and that are between 40-60% of the lot width of the lot being subdivided. f. Corner lots shall be subdivided in a manner that splits the existing street side property line to create at least one front lot line on that frontage. 2. Residential Hillside Zones (RHS) a. Up to two new property lines may be added to create a new lot and shall follow the contours of the property. New section added with existing standards from SB9 that will now apply to all two-lot subdivisions 87 Page 15 of 61 b. Each resulting lot shall share one common driveway. If an existing driveway or curb cut exists, a new driveway or curb cut location shall not be approved. c. If in an area where direct sanitary sewer connection is ǰȱȱȱȱȱ ȱȱȱęȱ ¢ǰȱȱȱȱȱȱȱȱęǰȱ ȱȱ last 10 years, must be provided. d. ȱȱȱȱęȱȱȱĚĴȱȱȱȱǰȱ closest to an existing driveway. Where no driveway exists, ȱȱȱȱęȱȱȱĚĴȱȱȱȱ lot, closest to the access road unless doing so would result in a combined grading total greater than that required for siting elsewhere on the lot. e. No new or expanded structures shall encroach upon any existing public or private utility easements. f. ȱȱȱȱŗǰŘśŖȱȱ¢ǰȱȱȱęȱǻȱ grading for building pad, yard areas, driveway, all other areas requiring grading, and basements), except if the original lot that was subdivided has already performed prior grading, then the amount of grading that has previously occurred shall be reduced from the maximum grading quantity allowed cumulatively on the two resulting lots. 24. Modify Section 18.20.170 (H) to reference proposed Section 18.20.180: H. Objective Subdivision Standards for Ministerially Approved Lot Splits. In addition to any applicable objective subdivision standards in this Title or the Subdivision Map Act and the requirements of Government Code Section 66411.7, a lot split approved pursuant to this Section must, to the maximum extent permissible under Government Code Section 66411.7, comply with the objective standards including but not limited to objective standards for urban lot splits set forth in Sections 18.20.180, 19.28.060, and 19.40.050. Chapter 18.52 1. Add Section 18.52.030 (B) (4) to reference proposed Section 18.20.180 ǯȱȱęǯ 4. In addition to the requirements of this Chapter, Hillside Subdivisions for two-lot subdivisions shall also apply the standards of Section 18.20.180. Reference to new section Reference to new section 88 ȱ ȱ Pageȱ16ȱofȱ60ȱ ȱ Chapterȱ19.08ȱ 25. UpdateȱSectionȱ19.08.030,ȱtoȱaddȱ“Balcony”ȱdeęnition:ȱ ȱ ȈBalconyȈȱmeansȱaȱhorizontalȱplatformȱthatȱis:ȱ 1. Eitherȱrecessedȱorȱprojectedȱoutȱfromȱtheȱwallsȱofȱaȱbuilding;ȱandȱȱ 2. AboveȱtheȱęrstȱĚoor;ȱandȱ 3. WithoutȱsupportȱfromȱtheȱgroundȱorȱĚoorsȱdirectlyȱbelow;ȱandȱ 4. Surroundedȱbyȱaȱrail,ȱbalustrade,ȱorȱparapetȱonȱatȱleastȱoneȱside;ȱandȱ 5. Accessibleȱfromȱtheȱbuilding’sȱinterior;ȱandȱ 6. Notȱdirectlyȱaccessibleȱfromȱtheȱground.ȱ ȱ Inȱ theȱ eventȱ ofȱ aȱ conĚictȱ betweenȱ thisȱ deęnitionȱ andȱ theȱ requirementsȱ ofȱ Stateȱ lawȱ (e.g.ȱ Californiaȱ Buildingȱ Code),ȱ theȱ requirementsȱ ofȱ Stateȱ lawȱ shallȱ prevail.ȱ Theȱ deęnitionȱ ofȱ balconyȱdoesȱnotȱincludeȱdecksȱorȱexteriorȱcorridors.ȱ ȱ 26. UpdateȱSectionȱ19.08.030,ȱ“BayȱWindow”ȱdeęnition:ȱ ȱ ȈBayȱwindowȈȱmeansȱaȱprojectingȱwindowȱelementȱthatȱisȱnotȱanȱextensionȱofȱtheȱĚoorȱareaȱ andȱdoesȱnotȱincorporateȱanyȱuseableȱspaceȱforȱseatingȱorȱotherȱpurposes.ȱ ȱ Additionally,ȱaȱbayȱorȱprojectingȱwindowȱshall:ȱ Beȱaȱprojectionȱofȱwindows,ȱnotȱwalls;ȱȱ BeȱcantileveredȱnoȱmoreȱthanȱtwentyȬfourȱinches,ȱhorizontally,ȱfromȱanȱexteriorȱwall;ȱ BeȱaȱminimumȱofȱtwentyȬfourȱinchesȱfromȱtheȱęnishedȱĚoor;ȱ NotȱcreateȱaȱprojectionȱofȱtheȱĚoor;ȱ Notȱoccupyȱmoreȱthanȱ50%ȱofȱanȱinteriorȱexteriorȱwallȱface.ȱ TheseȱlimitationsȱdoȱnotȱapplyȱtoȱbayȱwindowsȱwhichȱhaveȱbeenȱcountedȱtowardsȱĚoorȱareaȱ andȱmeetȱrequiredȱsetbacks.ȱ ȱ 27. UpdateȱSectionȱ19.08.030,ȱtoȱaddȱ“Deck”ȱdeęnition:ȱ ȱ ȈDeckȈȱmeansȱaȱplatformȱotherȱthanȱaȱbalconyȱthatȱis:ȱ 1. EitherȱfreestandingȱorȱaĴachedȱtoȱaȱbuilding,ȱandȱȱ 2. Supportedȱbyȱtheȱground,ȱpillars,ȱposts,ȱwalls,ȱorȱĚoorsȱbelow,ȱandȱ 3. Accessibleȱfromȱinteriorȱbuildingȱspace.ȱ ȱ Aȱ deckȱ mayȱ beȱ locatedȱ atȱ groundȱ levelȱ orȱ onȱ higherȱ Ěoors,ȱ andȱ mayȱ beȱ surroundedȱ byȱ railings,ȱbalustradesȱorȱsimilarȱstructuresȱforȱsafetyȱpurposes.ȱ ȱ 28. UpdateȱSectionȱ19.08.030,ȱ“FloorȱArea”ȱdeęnition:ȱ New definition Typo fix Typo fix Clarification New definition 89 ȱ ȱ Pageȱ17ȱofȱ60ȱ ȱ ȱ ȈFloorȱareaȈȱmeansȱtheȱtotalȱareaȱofȱallȱĚoorsȱofȱaȱbuildingȱmeasuredȱtoȱtheȱoutsideȱsurfacesȱ ofȱexteriorȱwalls,ȱandȱincludingȱtheȱfollowing:ȱ 1. Halls;ȱ 2. BaseȱofȱsStairwellsȱatȱeachȱĚoor;ȱ 3. BaseȱofȱeElevatorȱshaftsȱatȱeachȱĚoor;ȱ 4. Servicesȱandȱmechanicalȱequipmentȱrooms;ȱ 5. InteriorȱbuildingȱareaȱaboveȱęfteenȱfeetȱinȱheightȱbetweenȱanyȱĚoorȱlevelȱandȱtheȱceilingȱ above;ȱ 6. ResidentialȱbasementsȱinȱtheȱA,ȱA1,ȱR1ȱandȱRHSȱzoningȱdistrictsȱwithȱlightwellsȱthatȱdoȱ notȱconformȱtoȱSectionȱ19.28.070(I);ȱ 7. ResidentialȱbasementsȱinȱtheȱR1ȱandȱRHSȱzoningȱdistrictsȱonȱprojectsȱpursuantȱtoȱ GovernmentȱCodeȱsectionȱ65852.21ȱ 8. Residentialȱgarages;ȱ 9. SubstantiallyȱenclosedȱRroofedȱarcades,ȱplazas,ȱwalkways,ȱporches,ȱbreezeways,ȱ porticos,ȱcourts,ȱandȱsimilarȱfeaturesȱsubstantiallyȱenclosedȱbyȱexteriorȱwalls;ȱ 10. SubstantiallyȱenclosedȱbalconiesȱandȱdecksȱaboveȱtheȱęrstȱĚoor;ȱ 11. Shedsȱandȱaccessoryȱstructures.ȱ ȱ “Floorȱarea”ȱshallȱnotȱincludeȱtheȱfollowing:ȱ 1. ResidentialȱbasementsȱinȱtheȱR1ȱandȱRHSȱzoningȱdistrictsȱwithȱlightwellsȱthatȱconformȱ toȱSectionȱ19.28.070(I);ȱ 2. Requiredȱlightwells;ȱ 3. AĴicȱareas;ȱ 4. Parkingȱfacilities,ȱotherȱthanȱresidentialȱgarages,ȱaccessoryȱtoȱaȱpermiĴedȱconditionalȱuseȱ andȱlocatedȱonȱtheȱsameȱsite;ȱ 5. Roofedȱarcades,ȱplazas,ȱwalkways,ȱporches,ȱbreezeways,ȱporticos,ȱcourtsȱandȱsimilarȱ featuresȱnotȱsubstantiallyȱenclosedȱbyȱexteriorȱwalls.ȱ ȱ 29. UpdateȱSectionȱ19.08.030,ȱtoȱaddȱ“FrontȱEntryȱPorch”ȱdeęnition:ȱ ȱ “FrontȱEntryȱPorch”ȱmeansȱoutdoorȱsteps,ȱstairs,ȱand/orȱaȱraisedȱplatformȱlessȱthanȱ50ȱ squareȱfeetȱinȱarea,ȱlocatedȱimmediatelyȱadjacentȱtoȱtheȱprimaryȱentryȱofȱaȱbuildingȱforȱ theȱpurposeȱofȱprovidingȱpedestrianȱaccessȱfromȱtheȱoutdoorȱgroundȱelevationȱtoȱaȱ buildingȱinterior.ȱIfȱtheȱplatformȱportionȱofȱaȱfrontȱentryȱporchȱ(notȱincludingȱsteps)ȱisȱ moreȱthanȱ50ȱsquareȱfeetȱorȱhasȱaȱproportionatelyȱgreaterȱwidthȱthanȱitsȱheight,ȱtheȱ structureȱisȱconsideredȱaȱporch.ȱ 30. UpdateȱSectionȱ19.08.030,ȱtoȱclarifyȱtheȱdeęnitionȱofȱ“Height,ȱEntryȱFeature”:ȱ ȱ Clarification Clarification New definition 90 ȱ ȱ Pageȱ18ȱofȱ60ȱ ȱ “Height,ȱEntryȱFeatureȈȱmeansȱaȱverticalȱdistanceȱmeasuredȱparallelȱtoȱtheȱnaturalȱgradeȱ toȱtheȱtopȱofȱtheȱwallȱplate.ȱEntryȱfeaturesȱshallȱbeȱlimitedȱtoȱaȱmaximumȱheightȱofȱ fourteenȱfeet.ȱ ȱ 31. UpdateȱSectionȱ19.08.030,ȱ“Lot”ȱdeęnition:ȱ ȈLotȈȱ meansȱ aȱ parcelȱ orȱ portionȱ ofȱ landȱ separatedȱ fromȱ otherȱ parcelsȱ orȱ portionsȱ byȱ description,ȱasȱonȱaȱsubdivisionȱorȱrecordȱofȱsurveyȱmap,ȱorȱbyȱmetesȱandȱbounds,ȱforȱpurposeȱ ofȱsale,ȱleaseȱorȱseparateȱuse.ȱ 1. ȈCornerȱlotȈȱmeansȱaȱlotȱsituatedȱatȱtheȱintersectionȱofȱtwoȱorȱmoreȱstreets,ȱorȱboundedȱonȱ twoȱorȱmoreȱadjacentȱsidesȱbyȱstreetȱlines.ȱ 2. “Flagȱ lot”ȱ meansȱ anȱ interiorȱ lotȱ withȱ aȱ long,ȱ narrowȱ portionȱ ofȱ theȱ lot,ȱ orȱ parcelȱ ofȱ landȱ notȱ otherwiseȱ meetingȱ theȱ requirementȱ ofȱ thisȱ titleȱ forȱ lotȱ widthȱ thatȱ consistsȱ entirelyȱ ofȱ andȱprovidesȱtheȱsoleȱmeansȱofȱvehicularȱconnectionȱbetweenȱtheȱbuildableȱareaȱofȱtheȱlotȱ andȱanȱabuĴingȱstreet.ȱ 3. “Interiorȱlot”ȱmeansȱaȱlotȱotherȱthanȱaȱcornerȱlotȱorȱaȱĚagȱlot.ȱ 4. “Keyȱ lot”ȱ meansȱ theȱ ęrstȱ lotȱ toȱ theȱ rearȱ ofȱ aȱ cornerȱ lot,ȱ theȱ frontȱ lineȱ ofȱ whichȱ isȱ aȱ continuationȱofȱtheȱsideȱlotȱlineȱofȱtheȱcornerȱlot,ȱandȱfrontingȱonȱtheȱstreetȱwhichȱintersectsȱ orȱinterceptsȱtheȱstreetȱonȱwhichȱtheȱcornerȱlotȱfronts.ȱ 5. ȈPieȬshapedȱlotȈȱmeansȱanȱinteriorȱlot,ȱthatȱisȱnotȱaȱĚagȱlot,ȱwhereȱtheȱfrontȱlotȱlineȱabutsȱaȱ culȬdeȬsac,ȱ andȱ a)ȱ isȱ atȱ leastȱ 20%ȱ shorterȱ thanȱ theȱ rearȱ lotȱ lineȱ orȱ b)ȱ hasȱ ęveȱ orȱ moreȱ lotȱ lines.ȱ 32. UpdateȱSectionȱ19.08.030,ȱ“Lotȱarea”ȱdeęnition:ȱ “LotȱArea”ȱmeans:ȱ 1. ȈGrossȱ lotȱ areaȈȱ meansȱ theȱ areaȱ ofȱ aȱ lotȱ measuredȱ horizontallyȱ betweenȱ boundaryȱ lotȱlines.ȱ 2. ȈNetȱ Llotȱ areaȈȱ meansȱ theȱ areaȱ ofȱ aȱ lotȱ measuredȱ horizontallyȱ betweenȱ boundaryȱ lotȱ lines,ȱ butȱ excludingȱ aȱ portionȱ ofȱ aȱ Ěagȱ lotȱ providingȱ accessȱ toȱ aȱ streetȱ andȱ lyingȱ betweenȱ aȱ frontȱ lotȱ lineȱ andȱ theȱ street,ȱ andȱ excludingȱ anyȱ portionȱ ofȱ aȱ lotȱ withinȱ theȱ linesȱ ofȱ anyȱ naturalȱ watercourse,ȱ river,ȱ stream,ȱ creek,ȱ waterway,ȱ channelȱ orȱ Ěoodȱ controlȱ orȱ drainageȱ easementȱ andȱ excludingȱ anyȱ portionȱ ofȱ aȱ lotȱ acquired,ȱ forȱ accessȱ andȱstreetȱrightȬofȬwayȱpurposes,ȱinȱfee,ȱeasementȱorȱotherwise.ȱ ȱ 33. UpdateȱSectionȱ19.08.030ȱtoȱaddȱ“Porch”ȱdeęnition:ȱ ȱ “Porch”ȱmeansȱoutdoorȱsteps,ȱstairs,ȱand/orȱaȱraisedȱplatform,ȱlocatedȱimmediatelyȱadjacentȱ toȱ anȱ entranceȱ toȱ aȱ residentialȱ structureȱ forȱ theȱ purposesȱ ofȱ providingȱ pedestrianȱ accessȱ fromȱtheȱoutdoorȱgroundȱelevationȱtoȱaȱbuildingȱinteriorȱand/orȱprivate,ȱrecreationalȱopenȱ space.ȱ Aȱporchȱdiěersȱ fromȱ aȱ frontȱ entryȱ porchȱ orȱ aȱ frontȱ entryȱ feature,ȱ whichȱ hasȱ aȱ proportionatelyȱgreaterȱheightȱthanȱitsȱwidthȱandȱisȱlessȱthanȱ50ȱsquareȱfeetȱinȱarea.ȱ Clarification New definition New definition 91 ȱ ȱ Pageȱ19ȱofȱ60ȱ ȱ ȱ 34. UpdateȱSectionȱ19.08.030,ȱ“SetbackȱLine”ȱdeęnition:ȱ ȱ ȈSetbackȱ lineȈȱ meansȱ aȱ lineȱ withinȱ aȱ lotȱ parallelȱ toȱ aȱ correspondingȱ lotȱ line,ȱ whichȱ isȱ theȱ boundaryȱ ofȱ anyȱ specięedȱ front,ȱ side,ȱ orȱ rearȱ yard,ȱ orȱ theȱ boundaryȱ ofȱ anyȱ publicȱ rightȬofȬ wayȱorȱprivateȱroadstreet,ȱwhetherȱacquiredȱinȱfee,ȱeasement,ȱorȱotherwise,ȱorȱaȱlineȱotherwiseȱ establishedȱtoȱgovernȱtheȱlocationȱofȱbuildings,ȱstructuresȱorȱuses.ȱWhereȱnoȱminimumȱfront,ȱ side,ȱorȱrearȱyardsȱareȱspecięed,ȱtheȱsetbackȱlineȱshallȱbeȱcoterminousȱwithȱtheȱcorrespondingȱ lotȱ line,ȱ orȱ theȱ boundaryȱ ofȱ anyȱ publicȱ rightȬofȬwayȱ orȱ privateȱ road,ȱ whetherȱ acquiredȱ inȱ fee,ȱ easement,ȱ orȱ otherwise,ȱ orȱ aȱ lineȱ otherwiseȱ establishedȱ toȱ governȱ theȱ locationȱ ofȱ buildings,ȱstructuresȱorȱuses.ȱ ȱ 35. UpdateȱSectionȱ19.08.030,ȱ“UseableȱRearȱYard”ȱdeęnitionȱtoȱmakeȱspellingȱofȱusableȱ consistent:ȱ ȱ ȈUseableȱrearȱyardȈȱmeansȱthatȱareaȱboundedȱbyȱtheȱrearȱlotȱline(s)ȱandȱtheȱrearȱbuildingȱ lineȱextendedȱtoȱtheȱsideȱlotȱlines.ȱTheȱsideȱyardȱadjacentȱtoȱaȱproposedȱminorȱadditionȱ(e.g.,ȱ additionȱequalingȱtenȱpercentȱorȱlessȱofȱtheȱprincipalȱstructure)ȱmayȱbeȱincludedȱinȱ calculationȱofȱusableȱrearȱyardȱarea.ȱ ȱ 36. ReviseȱAppendixȱCȱofȱChapterȱ19.08ȱtoȱcorrectȱspellingȱofȱsight:ȱ ȱ AppendixȱC:ȱCupertinoȱStandardȱDetailȱ7Ȭ6ȱSidewalkȱSighteȱTriangleȱ(SidewalkȱClearanceȱ atȱDriveways).ȱȱȱ ȱ Chapterȱ19.12ȱ 37. UpdateȱSectionȱ19.12.020ȱ(A)ȱtoȱreferenceȱcorrectȱsections:ȱ ȱ A. InȱtheȱA,ȱA1,ȱRȬ1ȱandȱRHSȱZones,ȱtheȱfollowingȱactivities:ȱ 1. ConditionalȱusesȱinȱaccordȱwithȱChapterȱ19.20,ȱChapterȱ19.24,ȱChapterȱ19.28,ȱandȱ Chapterȱ19.40;ȱ 2. RemovalȱofȱprotectedȱtreesȱidentięedȱinȱChapterȱ14.18;ȱ 3. ProjectsȱinȱRȬ1ȱzonesȱidentięedȱinȱSectionȱ19.28.040;ȱ 4. HeightȱExceptionsȱidentięedȱinȱSectionȱ19.24.0750(B)(3);ȱ 5. HillsideȱExceptionsȱidentięedȱinȱSectionȱ19.440.070,ȱSectionȱ19.40.050,ȱandȱChapterȱ 19.48;ȱ 6. ParkingȱExceptionsȱidentięedȱinȱChapterȱ19.124;ȱ 7. FenceȱExceptionsȱidentięedȱinȱChapterȱ19.48;ȱ 8. Varianceȱtoȱallȱotherȱzoningȱregulations.ȱ Clarification Typo fix Typo fix Updated references 92 P a g e 2 1 o f 6 1 38 . Up d a t e p o r t i o n s o f T a b l e 1 9 . 1 2 . 0 3 0 t o r e f e r e n c e c o r r e c t s e c t i o n s : Ty p e o f P e r m i t o r De c i s i o n A, B Ad m i n i s t r a t i v e Re v i e w A, B Ar t s a n d Cu l t u r e Co m m i s s i o n Pl a n n i n g Co m m i s s i o n Ci t y Co u n c i l Pu b l i c He a r i n g / Pu b l i c Me e t i n g / Co m m e n t Pe r i o d C No t i c i n g Ra d i u s D Po s t e d S i t e No t i c e Ex p i r a t i o n D a t e E Ch a p t e r / Fi n d i n g s De v e l o p m e n t Ag r e e m e n t s - - R F PH CA . G o v t . Co d e 6 5 8 6 7 Ye s - 19 . 1 4 4 . 1 21 0 De v e l o p m e n t P e r m i t s Ma j o r F, H - - F / R A 1/F P M 19 . 1 2 . 1 1 0 / 30 0 ’ Ye s 2 Y e a r s 19 . 1 5 6 . 0 54 0 Mi n o r G F - A 1 A 2 P M Y e s 2 Y e a r s Co n d i t i o n a l U s e P e r m i t s Ma j o r F, H , I F - A1/F / R A1/ A 2/F PH CA . G o v t . Co d e 6 5 9 0 5 Ye s 2 y e a r s 19 . 1 5 6 . 0 54 0 Hi l l s i d e E x c e p t i o n / He i g h t E x c e p t i o n / He a r t o f t h e C i t y Ex c e p t i o n I - - F A1 PH 19 . 1 2 . 1 1 0 / 3 0 0 ' Ye s 2 y e a r s 19 . 4 0 . 0 8 0 , 19 . 2 4 . 0 75 0, 19 . 1 3 6 . 0 9 0 Va r i a n c e F - A1 A2 PH CA . G o v t . Co d e 6 5 9 0 5 Ye s 2 y e a r s 19 . 1 5 6 . 0 65 0 Pa r k i n g E x c e p t i o n s I F - FA 1 A1/A 2 Va r i e s M 19 . 1 2 . 1 1 0 / Ad j a c e n t / 30 0 ' N Ye s 1 y e a r 19 . 1 2 4 . 0 56 0 Pr o t e c t e d T r e e s Tr e e R e m o v a l F - A1 A2 CP Ad j a c e n t , un l e s s e x e m p t Ye s , u n l e s s ex e m p t 1 y e a r 14 . 1 8 . 1 81 0 Up d a t e d re f e r e n c e s 93 Page 22 of 61 39. Clarify language of footnote K of Table 19.12.030: Minor Architectural and Site Approval application - single family home in a planned development zoning district, ; ȱȱȱę, ; landscaping, signs and or lighting for new development, ; permanent supportive housing with up to 6 units subject to by-right processing as required by Government Code Section 65650 et seq., ; ȱȱęȱȱȱ£ȱ ȱ ȱȱ, ; and minor ęȱȱ¡ȱȱ-family buildings. 40. Add Section 19.12.080 (D) and (E) to clarify the City’s policy for inactive permits and demolition of residential units: D. Expiration of Application. If an applicant does not provide the information and materials necessary for a pending application to be deemed complete and/or consistent, ȱȱȱ ǰȱ ȱŗŞŖȱȱ¢ȱȱęȱȱȱȱ inconsistency the application shall be deemed withdrawn. The Director may grant one ŗŞŖȱȱ¢ȱ¡ȱȱ Ĵȱȱ¢ȱȱ, Ĵȱȱȱ ȱ ¡ȱ ȱ ȱ ęȱ ŗŞŖ-day period. After expiration of the application and extension, if granted, a new application, including fees, plans, exhibits, and other materials will be required to commence processing of any project on the same property. E. Demolition of Residential Units. a. No permit shall be issued for the demolition of a residential unit, unless building permit plans for a replacement project have been approved and issued; or b. Where demolition of a residential unit is required to allow for the recordation of an approved tentative map, no permit shall be issued for the demolition of a residential unit, unless building permit plans for a replacement project are ready for issuance following recordation of the associated map. Demolition of a residential unit to comply with Code Enforcement action ¢ȱȱĴ. 41. Update Section 19.12.110 (D) (1) in accordance with SB1214 (CCG Section 65103.5): D. Notice of Comment Period: For projects requiring notice of a comment period, notice shall be mailed in accordance with 19.12.110A(2) and A(53), 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 projectǰȱȱȱȱȱǰȱȱęȱ¢ȱ California Government Code Section 65103.5. Clarification New standards to codify existing policy Updated reference Exception added per State law 94 Page 23 of 61 Chapter 19.16 42. Update Section 19.16.060 to remove reference to the incorrect section: Whenever it is found, pursuant to Section 19.28.050, that a lot or site is divided by a boundary between districts, the provisions of the zoning regulations applicable within each district shall apply only to the portion of this site situated in each separate district. Chapter 19.28 43. Update Section 19.28.060 to clarify objective language and update standards for single- ¢ȱȱȱȱĚȱȱȱȱ ȱȱȱŚśŖǱ Incorrect reference removed 95 P a g e 2 4 o f 6 1 R1 - 5 R1 - 6 , 7 . 5 , 8 , 1 0 , 2 0 , e t c . , a n d R 1 - 6 e R1 - a A. M i n i m u m n e t l o t a r e a 1 i. 5 , 0 0 0 s q u a r e f e e t ii . t h e n u m b e r m u l t i p l i e d b y 1 , 0 0 0 sq u a r e f e e t ii i . 1 0 , 0 0 0 s q u a r e f e e t iv . F o r l o t s c r e a t e d u n d e r t h e p r o v i s i o n s o f G o v e r n m e n t C o d e S e c t i o n 6 4 4 1 1 . 7 , e a c h o f t h e r e s u l t i n g l o t s s h a l l ha v e a l o t a r e a o f a t l e a s t 4 0 % o f t h e o r i g i n a l l o t b e in g s u b d i v i d e d , w i t h n o l o t s l e s s t h a n 1 , 2 0 0 s q u a r e f e e t . B. M i n i m u m l o t w i d t h ( a t t h e fr o n t s e t b a c k l i n e ) i. 5 0 f e e t ii . 6 0 f e e t ii i . 7 5 f e e t iv . F o r l o t s c r e a t e d p u r s u a n t t o p r o v i s io n s G o v e r n m e n t C o d e S e c t i o n 6 4 4 1 1 . 7 : a. N o m o r e t h a n t w o n e w , n o n - c u r v e d p r o p e r ty l i n e s m a y b e a d d e d t o c r e a t e a n e w l o t . b. E x i s t i n g i n t e r i o r l o t s o r p i e s h a p e d l o t s w i t h e i t h e r ( i) 6 0 f e e t t o 7 5 f e e t o f o r m o r e s t r e e t f r o n t a g e , o r ( i i ) mo r e t h a n 7 5 f e e t o f s t r e e t f r o n t a g e a l o t d e p t h o f u p t o 1 4 5 f e e t s h a l l r e s u l t i n l o t s w i d t h . R e s u l t i n g l o t s sh a l l h a v e a s t r e e t f r o n t a g e t h a t i s b e t w e e n 4 0 - 6 0 % o f t h e l o t w i d t h e x i s t i n g s t r e e t f r o n t a g e o f t h e l o t be i n g s u b d i v i d e d . R e s u l t i n g l o t s s h a l l h a v e a s i d e - b y - s i d e o r i e n t a t i o n a n d s h a l l n o t c r e a t e a l a n d l o c k e d pa r c e l . c. E x i s t i n g i n t e r i o r l o t s o r p i e s h a p e d l o t s w i t h m o r e th a n 7 5 f e e t o f s t r e e t f r o n t a g e a n d a l o t d e p t h o f m o r e th a n 1 4 5 f e e t , m a y b e s u b d i v i d e d in o n e o f t h e f o l l o w i n g w a y s : i. R e s u l t i n g l o t s s h a l l h a v e a s t r e e t f r o n t a g e t h a t i s a t l e a s t 4 0 % o f t h e e x i s t i n g s t r e e t f r o n t a g e o f t h e l o t be i n g s u b d i v i d e d . L o t s s h a l l h a v e a s i d e - b y - s i d e o r ie n t a t i o n a n d s h a l l n o t c r e a t e a l a n d l o c k e d p a r c e l ; or ǯ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ Ě ȱ ȱ ȱ ȱ ȱ ȱ ǯ ȱ ȱ ȱ ȱ ȱ ȱ Ě ȱ ȱ sh a l l s p a n t h e e n t i r e d i s t a n c e b e t w e e n t h e t w o s i d e p r o p e r t y l i n e s t h a t i n t e r s e c t w i t h t h e f r o n t pr o p e r t y l i n e o f t h e l o t b e i n g s u b d i v i d e d . ǯ ȱ ¡ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ Ŝ Ŗ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ Ě ȱ ȱ ȱ ȱ ȱ ȱ ǯ ȱ ȱ ȱ ȱ ȱ ȱ Ě ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ si d e p r o p e r t y l i n e s t h a t i n t e r s e c t w i t h t h e f r o n t p r o p e r t y l i n e o f t h e l o t b e i n g s u b d i v i d e d . ǯ ȱ ¡ ȱ Ě ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ¡ ȱ ȱ ǻ ǯ ǯ ǰ ȱ ȱ ex i s t i n g f r o n t l o t l i n e m u s t b e t h e f r o n t l o t l i n e o f t h e f u t u r e l o t s a n d t h e e x i s t i n g r e a r l o t l i n e s h a l l b e th e r e a r l o t l i n e o f t h e f u t u r e l o t s ) a n d t h a t a r e b e t w e e n 4 0 - 6 0 % o f t h e l o t w i d t h o f t h e l o t b e i n g su b d i v i d e d . f. C o r n e r l o t s s h a l l b e s u b d i v i d e d i n a m a n n e r t h a t s p l i ts t h e e x i s t i n g s t r e e t s i d e p r o p e r t y l i n e t o c r e a t e a t le a s t o n e f r o n t l o t l i n e o n t h a t f r o n t a g e . Mo v e d t o ne w se c t i o n i n Ti t l e 1 8 96 P a g e 2 5 o f 6 1 R1 - 5 R1 - 6 , 7 . 5 , 8 , 1 0 , 2 0 , e t c . , a n d R 1 - 6 e R1 - a BC . L a n d s c a p i n g i. S e e C h a p t e r 1 4 . 1 5 , L a n d s c a p e O r d i n a n c e ii . A t l e a s t 5 0 % o f t h e f r o n t y a r d o f a n y p r o j e c t a p p r o v e d pu r s u a n t t o C h a p t e r 1 9 . 2 8 . 1 5 0 s h a l l b e o c c u p i e d b y n o n - ha r d s c a p e l a n d s c a p i n g ii i . L a n d s c a p i n g p l a n s a r e r e q u i r e d f o r a l l ad d i t i o n s o r n e w h o m e s . T h e p u r p o s e o f t h e la n d s c a p i n g i s t o b e a u t i f y t h e p r o p e r t y a n d to a c h i e v e p a r t i a l s c r e e n i n g o f b u i l d i n g f o r m s fr o m t h e s t r e e t a n d a d j a c e n t p r o p e r t i e s . Ge n e r a l l y , t h e l a n d s c a p i n g m a y i n c l u d e ¢ ǰ ȱ ǰ ȱ ǰ ȱ ȱ Ĵ ȱ ȱ ȱ on f e n c e s iv . A t l e a s t 5 0 % o f t h e f r o n t y a r d o f a n y p r o j e c t ap p r o v e d p u r s u a n t t o C h a p t e r 1 9 . 2 8 . 1 5 0 s h a l l be o c c u p i e d b y n o n - h a r d s c a p e l a n d s c a p i n g CD . D e v e l o p m e n t p r o p o s e d o n b u i l d i n g p a d s / g r a d e d a r ea w i t h s l o p e s e q u a l t o o r g r e a t e r t h a n 2 0 % 1. T o t a l s i t e g r a d i n g ( c u t p l u s ę Ǽ 2, 3 i. 2, 5 0 0 c u b i c y a r d s m a x i m u m . ii . Pr o j e c t s t h a t e x c e e d t h e m a x i m u m q u a n t i t y s h a l l r e qu i r e A r c h i t e c t u r a l a n d S i t e A p p r o v a l p e r S e c t i o n 19 . 2 8 . 0 4 0 ( HG ). ii i . Fo r p r o j e c t s p r o p o s e d p u r s u a n t t o G o v e rn m e n t C o d e S e c t i o n s 6 4 4 1 1 . 7 a n d / o r 6 5 8 5 2 . 2 1 , t T ot a l s i t e gr a d i n g s h a l l b e l i m i t e d t o 2 , 5 0 0 c u b i c y a r d s f o r t h e e n ti r e s i t e a s c a l c u l a t e d p r i o r t o s u b d i v i s i o n . Fo r p r o j e c t s p r o p o s e d p u r s u a n t t o G o v e rn m e n t C o d e S e c t i o n s 6 4 4 1 1 . 7 a n d / o r 6 5 8 5 2 . 2 1 , f F la t y a r d a r e a cr e a t e d b y g r a d i n g a r e a s t h a t a r e s l o p e d m o r e t h an 1 0 % s h a l l b e l i m i t e d t o 2 , 5 0 0 s q u a r e f e e t , n o t in c l u d i n g t h e d r i v e w a y , a s c a l c u l a t e d p r i o r t o a n y s u b d i v i s i o n . 2. F e n c e s Se e C h a p t e r 1 9 . 4 8 , F e n c e O r d i n a n c e D. D e v e l o p m e n t o n p r o p e r t i e s w i t h a n a v e r a g e s l o p e g r e a t e r t h an 1 0 % s h a l l c o m p l y w i t h S e c t i o n s 1 9 . 4 0 . 0 5 0 ( F ) , ( G ) , a n d ( I ) a n d Se c t i o n s 19 . 4 0 . 0 6 0 ( E ) , ( H ) , ( I ) a n d ( J ) . E. D e v e l o p m e n t ( s t r u c t u r e s , i m p r o v e m e n t s , o r g r a d i n g ) ŗǯ ȱ ȱ ȱ ȱ ǃ ȱ ř Ŗ Ɩ i. Li m i t e d t o 5 0 0 s q u a r e f e e t a n d s u b j e c t t o t h e r e q u i r e m e n t s o f S e c t i o n s 1 9 . 4 0 . 0 5 0 ( F ) , ( G ) , a n d ( I ) a n d Se c t i o n s 1 9 . 4 0 . 0 6 0 ( E ) , ( H ) , ( I ) a n d ( J ) . ii . De v e l o p m e n t g r e a t e r t h a n 5 0 0 s q u a r e f e e t s h a l l b e su b j e c t t o a H i l l s i d e E x c e p t i o n b y t h e P l a n n i n g Co m m i s s i o n i n a c c o r d a n c e w i t h s e c t i o n 1 9 . 4 0 . 0 8 0 o f t h e R H S O r d i n a n c e . No H i l l s i d e E x c e p t i o n i s Ĵ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ŗ ş ǯ Ř Ş ǯ ŗ ś Ŗ ǯ Re m o v e d r e f e r e n c e s to S t a t e c o d e , n o w ap p l i e s t o a l l p r o j e c t s , er S B 4 5 0 Ne w st a n d a r d s to r e f l e c t ex i s t i n g re v i e w pr o c e s s 97 P a g e 2 6 o f 6 1 R1 - 5 R1 - 6 , 7 . 5 , 8 , 1 0 , 2 0 , e t c . , a n d R 1 - 6 e R1 - a ii i . In a l l c a s e s , t h e f o l l o w i n g s h a l l a p p l y : a. Ch a n g e i n g r a d e e l e v a t i o n s h a l l b e l i m i t e d t o t h e m i n i m u m e x t e n t n e c e s s a r y t o e n s u r e a d e q u a t e dr a i n a g e a n d a c c e s s a s d e m o n s t r a t e d b y a g r a d i n g an d d r a i n a g e p l a n p r e p a r e d b y a r e g i s t e r e d c i v i l en g i n e e r . b. Sp l i t l e v e l d e s i g n s s h a l l b e u s e d t o a v o i d a d d i t i o n a l c h a n g e i n g r a d e e l e v a t i o n . c. Un l e s s o t h e r w i s e r e q u i r e d b y t h e C i t y E n g i n e e r , s p o i ls s h a l l b e b a l a n c e d o n s i t e a n d s h a l l m a t c h t h e ¡ ȱ ȱ ȱ ȱ Ĵ ȱ ȱ ȱ ǯ d. ȱ ȱ ¢ ȱ ȱ ¢ ȱ ǰ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ę ȱ Ě ȱ ȱ ȱ ř Ŝ ȱ ȱ ȱ ę ȱ ǯ 2. F o r p r o j e c t s p r o p o s e d pu r s u a n t t o G o v e r n m e n t Co d e S e c t i o n s 6 4 4 1 1 . 7 an d / o r 6 5 8 5 2 . 2 1 i. U n l e s s r e q u i r e d b y t h e C i t y E n g i n e e r o r t o m e e t F i r e C o d e r e q u i r e m e n t s , g r a d i n g a c t i v i t y o n l o t s w i t h a n av e r a g e s l o p e o f : ǯ ȱ ȱ ȱ ę ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ¢ ȱ mo r e t h a n 1 2 i n c h e s f r o m ex i s t i n g n a t u r a l g r a d e . ǯ ȱ ȱ ę ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ¢ ȱ ȱ ȱ Ř Ś ȱ ȱ fr o m e x i s t i n g n a t u r a l g r a d e . c. T e n p e r c e n t o r m o r e s h a l l n o t r e s u l t i n a c h a n g e i n g r a d e e l e v a t i o n b y m o r e t h a n t h r e e f e e t f r o m ex i s t i n g n a t u r a l g r a d e . ii . I n a l l c a s e s , t h e f o l l o w i n g s h a l l a p p l y : a. C h a n g e i n g r a d e e l e v a t i o n s h a l l b e l i m i t e d t o th e m i n i m u m e x t e n t n e c e s s a r y t o e n s u r e a d e q u a t e dr a i n a g e a n d a c c e s s a s d e m o n s t r a t e d b y a g r a d i n g an d d r a i n a g e p l a n p r e p a r e d b y a r e g i s t e r e d c i v i l en g i n e e r . b. S p l i t l e v e l d e s i g n s s h a l l b e u s e d t o a v o i d a d d i t i o n a l c h a n g e i n g r a d e e l e v a t i o n . c. U n l e s s o t h e r w i s e r e q u i r e d b y t h e C i t y E n g i n e e r , s p oi l s s h a l l b e b a l a n c e d o n s i t e a n d s h a l l m a t c h t h e ¡ ȱ ȱ ȱ ȱ Ĵ ȱ ȱ ȱ ǯ ǯ ȱ ȱ ȱ ¢ ȱ ȱ ¢ ȱ ǰ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ę ȱ Ě ȱ ȱ ȱ ř Ŝ ȱ ȱ ȱ ę ȱ ǯ F. O n - s i t e i m p r o v e m e n t s Al l p r o p e r t i e s s h a l l p r o v i d e a 4 . 5 fo o t w i d e p a t h w a y , a 4 . 5 f o o t ȱ ȱ ǰ ȱ ȱ ȱ Ĵ ǰ ȱ ȱ ǰ ȱ AC p a v e m e n t , a n d u n d e r g r o u n d u t i l i t i e s a t t h e s t r e e t a s f o l l o w s : 1. i . D e t a c h e d p a t h w a y w h e n a p r o p e r t y o n e i t h e r s i de o f t h e s u b j e c t p r o p e r t y h a s a d e t a c h e d p a t h w a y ; 2. i i . M o n o l i t h i c p a t h w a y w h e n a p r o p e r t y o n e i t h e r s i d e o f t h e s u b j e c t p r o p e r t y h a s a m o n o l i t h i c p a t h w a y Mo v e d s t a n d a r d , fr o m S B 9 re q u i r e m e n t s , n o w ap p l i e s t o a l l p r o j e c t s pe r S B 4 5 0 Re m o v e d r e f e r e n c e s to S t a t e c o d e a n d st a n d a r d s p r e v i o u s l y ap p l i e d t o S B 9 pr o j e c t s Mo v e d , s e e a b o v e 98 P a g e 2 7 o f 6 1 R1 - 5 R1 - 6 , 7 . 5 , 8 , 1 0 , 2 0 , e t c . , a n d R 1 - 6 e R1 - a 3. i i i . Wh e n p r o p e r t i e s o n e i t h e r s i d e o f t h e s u b j e c t p r o p er t y d o n o t h a v e a p a t h w a y , a p a t h w a y t h a t m a t c h e s th e p r e - ȱ Ĵ ȱ ȱ ¢ ȱ ȱ ȱ ǰ ȱ ȱ ȱ ¢ ȱ ȱCi t y E n g i n e e r , s h a l l b e pr o v i d e d , u n l e s s t h e s u b j e c t p r o p e r t y h a s a “ s e m i - r u r a l” d e s i g n a t i o n a d o p t e d b y Ci t y C o u n c i l r e s o l u t i o n . 4. i v . Th e C i t y E n g i n e e r s h a l l a d o p t a n y o b j e c t i v e s t a n d a r d n e c e s s a r y t o i m p l e m e n t t h e r e q u i r e m e n t s o f t h i s pa r a g r a p h . G. Cu r b C u t s Dr i v e w a y s fo r de v e l o p m e n t s p u r s u a n t t o Go v e r n m e n t C o d e S e c t i o n 64 4 1 1 . 7 o r 6 5 8 5 2 . 2 1 1. Fo r i n t e r i o r l o t s w i t h a s t r e e t f r o n t a g e o f 3 5 f e e t o r l e s s , n o m o r e t h a n a o n e - c a r -wi d e dr i v e w a y cu r b c u t ȱ ȱ Ĵ ǯ ȱ ȱ ȱ ȱ ȱ ȱ Ř Ř ȱ ȱ sh a l l b e p r o v i d e d b e t w e e n t w o , o n e - c a r -wi d e c u r b c u t s , el s e , a s h a r e d d r i v e w a y wi t h c u r b c u t , no m o r e t h a n a t w o - c a r c u r b c u t , m a y b e p r o v i d e d . 2. Un l e s s s u b j e c t t o s u b s e c t i o n ( 3 ) b e l o w , f o r i n t e r i o r o r p i e s h a p e d l o t s w i t h a s t r e e t f r o n t a g e o f m o r e t h a n 3 5 fe e t : a m a x i m u m of a tw o -ca r dr i v e w a y ȱ ȱ ȱ Ĵ ȱ ȱ ȱ ȱ ȱ ȱ ȱ Ř Ř ȱ ȱ ȱ ȱ ȱ ¡ ȱ ȱ ȱ ¢ ȱ Ě ǰ ȱ ȱ ȱdr i v e w a y cu r b c u t s h a l l b e l i m i t e d t o a on e - c a r dr i v e w a y cu r b c u t . 3. Wh e n a n U r b a n L o t S p l i t su b d i v i s i o n ȱ ȱ ȱ Ě ȱ ǰ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ě ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ Ě ȱ ǰ ȱ ȱ ȱ ȱ ȱ ȱ ȱ n ne w in t e r i o r l o t w i t h a t le a s t 5 0 f e e t o f m i n i m u m st r e e t f r o n t a g e o f 5 0 f e e t . Th e a c c e s s a r e a s h a l l b e a m i n i m u m o f 2 0 f e e t a n d a ma x i m u m o f 2 5 f e e t i n w i d t h , c o m p r i s i n g a m i n i mu m 1 6 - f o o t d r i v e a i s l e a n d a m i n i m u m 2 - f o o t - w i d e la n d s c a p i n g p l a n t e r o n e i t h e r s i d e . A m a x i m u m t w o -ca r dr i v e w a y ȱ ȱ ȱ Ĵ ȱ ȱ ȱ t-of ¢ ǯ ȱ ȱ ȱ ȱ ȱ ȱ ȱ Ĵ ǯ 4. ȱ ȱ ȱ ¢ ȱ ǻ ȱ ȱ ȱ Ě ȱ Ǽ ȱ ȱ Ǳ i. ȱ ȱ ȱ ȱ ȱ ȱ Ĵ ǯ ii . 50 % o f t h e w i d t h o f t h e s h a r e d d r i v e w a y c u r b c u t s h a l l b e o n e a c h p r o p e r t y . ii i . ȱ ¡ ȱ ȱ ȱ ȱ ȱ ȱ ȱ Ĵ ǯ 5. ȱ ȱ ¢ ȱ ȱ ȱ ȱ Ě ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ de v e l o p m e n t , t h e d r i v e w a y a c c e s s f o r f r o n t l o t s h al l b e l o c a t e d i n t h e r e a r 5 0 % o f t h e p r o p e r t y . 6. On l o t s w h e r e a n e x i s t i n g r e s i d e n c e i s r e t a i n e d o n t h e s i t e o f a n u r b a n l o t s p l i t o r d e v e l o p m e n t p u r s u a n t to G o v e r n m e n t C o d e S e c t i o n 6 5 8 5 2 . 2 1 s u b d i v i s i o n , a n e x i s t i n g c u r b c u t o f n o t m o r e t h a n 1 8 f e e t i n w i d t h ma y r e m a i n w h e n p r o v i d i n g e x c l u s i v e a c c e s s t o t h e e x i s t i n g r e s i d e n c e . 7. A m a x i m u m 1 8 ’ w i d e c a r c u r b c u t i s a l l o w e d w h e n a t w o - ȱ ȱ ȱ ȱ Ĵ ǯ 8. A m a x i m u m 1 2 ’ w i d e c u r b c u t i s a l l o w e d w h e n a o n e - ȱ ȱ ȱ ȱ Ĵ ǯ Re m o v e d r e f e r e n c e s to S t a t e c o d e a n d mo v e d s t a n d a r d s , s e e el o w 99 P a g e 2 8 o f 6 1 R1 - 5 R1 - 6 , 7 . 5 , 8 , 1 0 , 2 0 , e t c . , a n d R 1 - 6 e R1 - a 9. Wh e n s h a r e d a c c e s s i s p r o p o s e d , a c o v e n a n t , n e c e ss a r y f o r a p p r o p r i a t e i n g r e s s a n d e g r e s s e a s e m e n t s , ȱ ȱ ȱ ȱ ȱ ę ȱ ȱ ȱ ǯ 10 . A m a i n t e n a n c e a g r e e m e n t s h a l l b e r e c o r d e d t o e n su r e s h a r e d m a i n t e n a n c e o f a n y s h a r e d a c c e s s ea s e m e n t s , s t o r m w a t e r t r e a t m e n t , l a n d s c a p i n g , ȱ ȱ ǰ ȱ ȱ ȱ ę ȱ ȱ ȱ re c o r d a t i o n . H. Dr i v e w a y s 1. ȱ ȱ ȱ ȱ ȱ ȱ Ě ȱ ǰ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ Ř Ŗ ȱ ȱ ȱ ȱ ¡ ȱ of 2 5 f e e t i n w i d t h , c o m p r i s i n g a m i n i m u m 16 - f o o t d r i v e a i s l e a n d a m i n i m u m 2 - f o o t - w i d e la n d s c a p i n g p l a n t e r o n e i t h e r s i d e . 2. ȱ ȱ ¢ ȱ ȱ ȱ ȱ Ě ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ de v e l o p m e n t , t h e d r i v e w a y a c c e s s f o r t h e f r o n t l o t s h al l b e l o c a t e d i n t h e r e a r 5 0 % o f t h e p r o p e r t y . 3. A o n e - c a r d r i v e w a y s h a l l b e a m i n i m u m o f 1 0 f e e t i n w i d t h a n d a m a x i m u m o f 1 2 f e e t i n w i d t h . 4. A t w o - c a r d r i v e w a y s h a l l b e a m a x i m u m o f 2 0 f e e t i n w i d t h . A n y t h i r d o r m o r e d r i v e w a y s p a c e s s h a l l be i n t a n d e m . 5. ȱ ř ȱ ȱ Ś ȱ ȱ ȱ ¢ ȱ ȱ ȱ Ě ȱ ȱ ȱ ǯ 6. Wh e n s h a r e d a c c e s s i s p r o p o s e d , a c o v e n a n t , n e c e s s ar y f o r a p p r o p r i a t e i n g r e s s a n d e g r e s s e a s e m e n t s , ȱ ȱ ȱ ȱ ȱ ę ȱ ȱ ȱ ǯ 7. A m a i n t e n a n c e a g r e e m e n t s h a l l b e r e c o r d e d t o e n su r e s h a r e d m a i n t e n a n c e o f a n y s h a r e d a c c e s s ea s e m e n t s , s t o r m w a t e r t r e a t m e n t , l a n d s c a p i n g , ȱ ȱ ǰ ȱ ȱ ȱ ę ȱ ȱ ȱ re c o r d a t i o n . HI . E a s e m e n t a n d C o v e n a n t s re q u i r e d f o r s u b d i v i s i o n s pu r s u a n t t o G o v e r n m e n t Co d e S e c t i o n 6 4 4 1 1 . 7 1. ¢ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ę ȱ ȱ ȱ ǯ 2. ȱ ȱ ¢ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ę ȱ ma p r e c o r d a t i o n . J. P u b l i c I m p r o v e m e n t s If n o d e d i c a t i o n w a s r e q u i r e d f o r t h e c r e a t i o n o f a lo t , a n y f u t u r e d e v e l o p m e n t p r o j e c t s h a l l i n c l u d e a de d i c a t i o n t o a c c o m m o d a t e t h e p r e d o m i n a n t p u b l i c ri g h t - o f - w a y , a s d e t e r m i n e d b y t h e C i t y E n g i n e e r , Ĵ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ǰ ȱ ȱ ǰ ȱ Ĵ ȱ ȱ , wh i c h s h a l l b e i n s t a l l e d b y t h e a p p l i c a n t a t h i s o r h e r e x p e n s e . No t e s : 1. Lo t s , w h i c h c o n t a i n l e s s a r e a t h a n r e q u i r e d b y i t s z o n i n g d e s i g n a t i o n , b u t n o t l e s s t h a n 5 , 0 0 0 s q u a r e f e e t , m a y n e v e r t h e l e s s b e u s e d a s ȱ ǰ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ę ǯ Mo v e d s t a n d a r d s , no w a p p l y t o a l l pr o j e c t s , p e r S B 4 5 0 Mo v e d st a n d a r d , no w ap p l i e s t o al l p r o j e c t s , pe r S B 4 5 0 100 P a g e 2 9 o f 6 1 R1 - 5 R1 - 6 , 7 . 5 , 8 , 1 0 , 2 0 , e t c . , a n d R 1 - 6 e R1 - a 2. Ma x i m u m g r a d i n g q u a n t i t y i n c l u d e s g r a d i n g f o r t h e b u i l d i n g p a d , y a r d a r e a s , d r i v e w a y , a n d a l l o t h e r a r e a s r e q u i r i n g g r a d i n g , b u t d o e s no t i n c l u d e b a s e m e n t s . T h e g r a d e d a r e a s h a l l b e l i m i t e d t o t h e b u il d i n g p a d a r e a t o t h e g r e a t e s t e x t e n t p o s s i b l e . G r a d i n g q u a n t it i e s f o r mu l t i p l e d r i v e w a y s a r e d i v i d e d e q u a l l y a m o n g t h e p a r t i c i p a t i n g l o t s , e . g . t w o l o t s s h a r i n g a d r i v e w a y w i l l d i v i d e t h e d r i v e w a y gr a d i n g qu a n t i t y i n h a l f . T h e d i v i d e d s h a r e w i l l b e c h a r g e d a g a i n s t t h e g r a d i n g q u a n t i ty a l l o w e d f o r t h a t l o t d e v e l o p m e n t . 3. ȱ ȱ ȱ ę ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ re q u i r e m e n t s : ǯ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ę ȱ ǯ ii . A t r e e p l a n t i n g p l a n s h a l l b e p r e p a r e d f o r t h e s i t e w h i c h w i l l s c r e e n g r a d i n g a r e a s , a n d r e s i d e n t i a l s t r u c t u r e s , t o t h e g r e at e s t p o s s i b l e ex t e n t , a s w e l l a s t o r e i n t r o d u c e t r e e s o n b a r r e n s l o p e s w h i c h w e r e d e n u d e d b y p r i o r a g r i c u l t u r a l a c t i v i t i e s . ii i . L a n d s c a p e i m p r o v e m e n t s s h a l l m e e t t h e r e q u i r e m e n t s a s e s t a b l i s h e d i n t h e L a n d s c a p e O r d i n a n c e , C h a p t e r 1 4 . 1 5 . ǯ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ę ȱ ¢ ȱ ȱ ȱ ȱ ȱ ǰ ȱ ȱ ȱ se , t h e ap p l i c a n t s h a l l p o s t a b o n d , c a s h , o r o t h e r s e c u r i t y t o e n s u r e in s t a l l a t i o n w i t h i n a n 1 8 - m o n t h p e r i o d f r o m o c c u p a n c y . A l l s u c h la n d s c a p e a r e a s s h a l l b e p r o p e r l y m a i n t a i n e d . (C o n t i n u e d o n n e x t p a g e ) 101 ȱ ȱ Pageȱ29ȱofȱ60ȱ ȱ ȱ 44. UpdateȱSectionȱ19.28.070ȱ(B),ȱ19.28.070ȱ(I),ȱandȱ19.28.070ȱ(J)ȱ(3)ȱandȱaddȱSectionȱ19.28.070ȱ(L)ȱ andȱ19.28.070ȱ(M)ȱtoȱclarifyȱobjectiveȱlanguageȱandȱupdateȱstandardsȱforȱsingleȬfamilyȱ residentialȱdesignȱtoȱreĚectȱchangesȱtoȱStateȱlawȱmadeȱthroughȱSB450:ȱ ȱ B.ȱMaximumȱFloorȱ AreaȱRatioȱ 1.ȱ45%ȱofȱtheȱnetȱlotȱarea,ȱhowever,ȱaȱhousingȱdevelopmentȱprojectȱ onȱaȱlotȱhavingȱaȱslopeȱ30%ȱorȱgreaterȱshallȱnotȱexceedȱtheȱĚoorȱ areaȱallowedȱunderȱChapterȱ19.40.ȱ ȬȬȬȱȱȱȬȬȬȱȱȱȬȬȬȱ I.ȱBasementsȱ 1.ȱNumber,ȱ size,ȱandȱ volumeȱofȱ lightwellsȱ a.ȱShallȱbeȱtheȱminimumȱrequiredȱbyȱtheȱCaliforniaȱResidentialȱBuildingȱ Codeȱforȱegress,ȱlight,ȱandȱventilation,ȱunlessȱtheȱbasementȱareaȱisȱ countedȱtowardsȱĚoorȱarea,ȱexceptȱthatȱinȱtheȱcaseȱofȱaȱsingleȬstoryȱhouseȱ withȱaȱbasement,ȱoneȱlightwellȱmayȱbeȱupȱtoȱ10ȱfeetȱwideȱandȱ10ȱfeetȱlong.ȱ b.ȱLightwellsȱwithȱstairsȱareȱnotȱpermiĴed,ȱexceptȱthatȱoneȱlightwellȱ withȱstairsȱisȱallowedȱifȱitȱisȱtheȱprimaryȱmeansȱofȱaccessȱtoȱanȱ independentȱbasementȱresidentialȱunitȱwhichȱisȱseparatedȱfromȱanyȱ otherȱresidentialȱunit.ȱTheȱlightwellȱwithȱstairsȱisȱlimitedȱtoȱtheȱ minimumȱsizeȱrequiredȱforȱlightȱandȱventilationȱorȱegressȱperȱtheȱ ResidentialȱBuildingȱCode.ȱ 2.ȱMinimumȱsetbackȱforȱlightwellȱretainingȱwallsȱandȱbasementsȱ a.ȱFrontȱYardȱ Sameȱasȱunderlyingȱzoningȱdistrictȱ ab.ȱSideȱyardȱ 5ȱfeetȱ bc.ȱRearȱyardȱ 10ȱfeetȱ 3.ȱLightwellȱ railingsȱ Maximumȱheightȱofȱ3threeȱfeet,ȱsixȱinches.ȱTheȱfencerailingȱshallȱbeȱ locatedȱimmediatelyȱadjacentȱtoȱtheȱlightwell.ȱ 4.ȱLightwellȱ screeningȱ Lightwellsȱthatȱareȱvisibleȱfromȱaȱpublicȱstreetȱshallȱbeȱscreenedȱbyȱ landscaping.ȱ 5.ȱRootȱbarrierȱ measuresȱ Theȱperimeterȱofȱtheallȱbasementsȱandȱallȱlightwellsȱretainingȱwallsȱshallȱ beȱtreatedȱand/orȱreinforcedȱwithȱtheȱmostȱeěectiveȱrootȱbarrierȱmeasuresȱ asȱdeterminedȱbyȱanȱISAȱcertięedȱArboristȱinȱconjunctionȱwithȱ recommendationsȱfromȱaȱcertięedȱStructuralȱEngineerbyȱtheȱDirectorȱofȱ CommunityȱDevelopment.ȱ ȬȬȬȱȱȱȬȬȬȱȱȱȬȬȬȱ ȱ 3.ȱFirstȱFloorȱandȱ SecondȱFloorȱ a.ȱTheȱmaximumȱexteriorȱwallȱheightȱandȱbuildingȱheightȱonȱsingleȬ storyȱstructuresȱandȱsingleȬstoryȱsectionsȱofȱtwoȬstoryȱstructuresȱ mustȱętȱintoȱtheȱbuildingȱenvelopeȱdeęnedȱby:ȱ Moved standard, now applies to all projects, per SB450 New standards to clarify asement limitations 102 ȱ ȱ Pageȱ30ȱofȱ60ȱ ȱ Buildingȱ Envelopesȱ i. Aȱ10ȱfootȱhighȱverticalȱlineȱfromȱnaturalȱgradeȱmeasuredȱatȱtheȱ propertyȱline;ȱandȱ ii. Aȱ25ȱdegreeȱroofȱlineȱangleȱprojectedȱinwardȱatȱtheȱ10ȱfootȱhighȱ lineȱreferencedȱabove;.ȱ b. Notwithstandingȱtheȱbuildingȱenvelope,ȱaȱgableȱendȱofȱaȱroofȱ enclosingȱanȱaĴicȱspaceȱmayȱhaveȱaȱmaximumȱwallȱheightȱofȱ17ȱfeetȱ toȱtheȱpeakȱofȱtheȱroofȱasȱmeasuredȱfromȱnaturalȱgrade,ȱorȱupȱtoȱ20ȱ feetȱwithȱaȱMinorȱResidentialȱpermitȱsubjectȱtoȱChapterȱ19.12.ȱ c. SecondȬstoryȱbuildingȱenvelope:ȱAllȱtheȱmaximumȱexteriorȱwallȱ heightȱandȱbuildingȱheightȱonȱtwoȬstoryȱsectionsȱofȱtwoȬstoryȱ structuresȱmustȱętȱintoȱtheȱbuildingȱenvelopeȱdeęnedȱby:ȱ i. Aȱ16ȬfootȬhighȱverticalȱlineȱfromȱnaturalȱgradeȱmeasuredȱatȱtheȱ propertyȱline;ȱandȱ ii. Aȱ25Ȭdegreeȱroofȱlineȱangleȱprojectedȱinwardȱatȱtheȱ16ȬfootȬ highȱlineȱreferencedȱabove.ȱ ȬȬȬȱȱȱȬȬȬȱȱȱȬȬȬȱ L.ȱRefuse,ȱ recycling,ȱandȱ otherȱcontainersȱ 1. Aȱminimumȱ8Ȭfootȱbyȱ3Ȭfootȱspaceȱperȱunit,ȱnotȱvisibleȱfromȱtheȱ street,ȱshallȱbeȱprovidedȱinȱanȱinteriorȱyardȱbehindȱaȱfence.ȱ 2. Thisȱareaȱshallȱnotȱbeȱconcurrentȱwithȱanyȱemergencyȱaccessȱ pathwayȱrequiredȱbyȱtheȱFireȱDepartment.ȱ M.ȱOutdoorȱ Lightingȱȱ 1. ShallȱcomplyȱwithȱtheȱrequirementsȱofȱChapterȱ19.102.ȱ ȱ 45. UpdateȱSectionȱ19.28.070ȱ(C)ȱtoȱremoveȱaȱreferenceȱalteredȱbyȱtheȱadoptionȱofȱOrdinanceȱ23Ȭ 2254:ȱ C.ȱMaximumȱ secondȱtoȱęrstȱĚoorȱ ratioȱ 1.ȱNoȱlimit,ȱȱ a.ȱSseeȱSectionsȱ19.28.040(D)ȱandȱ(E)(1)ȱforȱpermiĴingȱrequirements.ȱ Homesȱsubjectȱtoȱdesignȱreviewȱshallȱcomplyȱwithȱtheȱdesignȱreviewȱ principlesȱinȱSectionȱ19.28.110(C).ȱ ȱ 46. UpdateȱSectionȱ19.28.070ȱ(E)ȱ(3)ȱ(a)ȱ(i)ȱtoȱmakeȱconsistentȱuseȱofȱtheȱspellingȱofȱusable:ȱ ȱ i.ȱMayȱbeȱreducedȱtoȱ10ȱfeet,ȱwithȱaȱMinorȱResidentialȱPermit,ȱsubjectȱtoȱChapterȱ19.12,ȱif,ȱ afterȱtheȱreduction,ȱtheȱuseableȱrearȱyardȱareaȱisȱnotȱlessȱthanȱ20ȱtimesȱtheȱlotȱwidthȱasȱ measuredȱfromȱtheȱfrontȱsetbackȱline.ȱ ȱ 47. UpdateȱSectionȱ19.28.070ȱ(F)ȱ(2)ȱ(a)ȱ(i)ȱandȱ19.28.070ȱ(F)ȱ(2)ȱ(b)ȱ(i)ȱtoȱreviseȱaȱreferenceȱalteredȱ byȱtheȱadoptionȱofȱOrdinanceȱ23Ȭ2254:ȱ 2.ȱSideȱyardȱ Moved SB9 standards, now applies to all projects, per SB450 Updated reference 103 Page 32 of 61 a. Interior Lot 25 feet combined (no side yard setback shall be less than 10 feet) i. See Section 19.28.040(EDǼǻŘǼȱȱĴȱǯȱ ȱȱȱ design review shall comply with the design review principles in Section 19.28.110(C). b. Corner lot 25 feet combined side yard setback (no side yard setback shall be less than 10 feet) i. Interior Side 10 feet but not less than 20 feet from the rear property line of an adjacent single family dwelling iA. See Section 19.28.040(EDǼǻŘǼȱȱĴȱǯȱ ȱȱ to design review shall comply with the design review principles in Section 19.28.110(C). 48. Revise language in Table 19.28.090 (C) to clarify standards: ǯȱ¡ȱȱȱęȱ Ěȱȱ 1. ŚŖƖȱȱȱ¡ȱȱȱęȱĚȱ or 750 square feet, whichever is greater, except as follows: a. ȱȱĚȱ¢ȱȱȱȱŝśŖȱȱȱȱ ba. ȱȱȱȱȱȱĚȱȱȱȱŗǰŗŖŖȱȱ feet in area. 49. Update Table 19.28.090 (J) (3) to revise a reference altered by the adoption of Ordinance 23- 2254: 3. Entry feature height See Single-Family Residential Design Guidelines, Section 19.28.110(A)(67) 50. Add Section 19.28.090 (M) and (N) to update standards for single-family residential design ȱĚȱȱȱȱ ȱȱȱŚśŖǱ M. Refuse, recycling, and other containers 1. A minimum 8-foot by 3-foot space per unit, not visible from the street, shall be provided in an interior yard behind a fence. 2. This area shall not be concurrent with any emergency access pathway required by the Fire Department. N. Outdoor Lighting 1. Shall comply with the requirements of Chapter 19.102. 51. Update Section 19.28.110 (A) to clarify objective language and update standards for single- ¢ȱȱȱȱĚȱȱȱȱ ȱȱȱŚśŖǱ 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). Updated reference Reworded for clarity Updated reference Moved SB9 standards, now applies to all projects, per SB450 Edit to make objective 104 Page 33 of 61 A. Single-Family Residential Design GuidelinesStandards for all projects.1, 2 1. There shall not be a three-car wide driveway curb cut. 2. ȱȱȱę¢ȱȱȱȱȱȱȱȱȱȱȱȱȱ area, unless doing so would result in an area that could not accommodate the minimum required setbacks and enclosed parking area. the lot is not wide enough to accommodate. 3. a. In the R1-a zone, tThe maximum width of a garage on the front elevation shall be twenty-ęȱǰȱ ȱ ȱȱȱ -car garage. Additional garage spaces shall be provided through the use of a tandem garage or a detached accessory structure at the rear of the property.2 4. Usable living area, not including any architectural feature, porch, or patio, shall be a minimum of two feet closer to the street than the garage, unless a side entering garage with curved driveway is provided or the lot is not wide enough to accommodate living area adjacent to the garage, while garages should be set back more. 5. All roofs shall have at least a one-foot overhang. 6. Air conditioning units and similar mechanical equipment such as generators, sump pumps, heating, and ventilation equipment should be ground-mounted and screened from public view, or underground, and shall meet accessory structure setbacks and adhere to the requirements of Chapter 10.48 of the Municipal Code. 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. 7. A porches, patio, or other front entry feature is required are encouraged. a. The feature shall be oriented to face the street and shall include a front entry door also oriented to face the street. b. If duplexes are proposed on corner lots, the entrances to the two units shall be ȱěȱȱǰȱ¡ȱȱȱȱȱȱȱȱȱ collector, both the entrances may be located on the minor collector or neighborhood street. c. If a front porch (not a front entry feature) is proposed, the porch shall be proportionately greater in width than in height. d. Porches, patios, and other entry features shall have detailing that emphasizes the base and have caps for posts and fence elements of the feature. e. In the R1-a zone, the following porch design guidelines apply2: i. When viewed from the street, a porch shall appear proportionately greater ȱ ȱȱȱǯȱȱȱěȱȱȱ¢ȱǰȱ ȱȱȱ proportionately greater height than its width. ii. Structural supports shall be designed such that the appearance is not obtrusive or massive. Edits to make objective and match existing policy Moved SB9 standards, now applies to all projects, per SB450 105 Page 34 of 61 iii. The use of large columns or pillars is discouraged. iv. The eave height for a front entry ȱȱȱȱę¢ȱȱȱ 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. f. In R1-6e and R1-a zones, entry features shall not be higher than fourteen feet from natural grade to plate.2 8. Third car garage spaces shall be set back as follows: a. On lots when the garage is visible from the street: parking shall be provided in tandem or in a detached accessory structure at the rear of the property. b. ȱĚȱȱȱȱ-oriented garages located at the rear of the principal unit: a third parking space may be on the same wall plane as the other two parking spaces. 9. Garage doors for no more than two car spaces shall be visible from the public right of way. 10. All garage doors shall be recessed a minimum of six (6) inches from the surrounding building wall and shall include trim of at least one and a half (1.5) inches in depth. 11. Where the garage faces the side yard, but is visible from the street, the garage shall incorporate a window on the street front facade so that it appears to be a habitable portion of the house. The window style must be the same as the windows on the habitable dwelling unit(s). 12. ȱȱǱȱȱȱȱȱȱȱŗśƖȱȱȱȱĚȱȱȱ ȱȱȱȱȱęȱĚǰȱ ȱȱȱȱȱŗŖȱǯȱȱ open space shall not be located in the required front yard setback area. 13. ¡ȱȦȱȱȱȱȱȱȱ ȱȱȱȱĚǯ 14. Detached structures on a lot must use the same architectural style and materials as the primary residence. 15. Except in R1-e zones, the elevation facing a street shall incorporate at least four architectural features, such as bay windows or an entry feature, and/or elements of architectural interest, ȱȱ ȱȱȱěǰȱǰȱǰȱǰȱȱ ȱȱęȱȱǻǯǯǰȱȱȱȱǼǰȱǰȱȱȱ architectural materials, quoins, accent tiles, or a prominent accent window inset greater than six inches. Win ǰȱȱȱ ȱǰȱȱęȱȱ do not count as one of the features. 16. Gable ends and Dutch gable ends taller than thirty inches shall include at least one element of architectural interest such as: x ȱ ȱěȱ ȱǰȱ, or change in materials; x louvered wood or metal vents; x ¢ȱȱĴȱȱǲ Moved SB9 standards, now applies to all projects, per SB450 106 Page 35 of 61 x accent tile decoration; x medallion decoration; x metal grille; x a change in architectural materials; x incorporation of corbels; x decorative gable pediments; x eyebrow trellises or pergola structurally Ĵ to the building; or x windows/glazing. 17. Stone veneer or accent materials used as a wainscot on a street facing façade shall be wrapped around to the side façade and end at a logical terminus, such as a fence line or a chimney or at an interior corner. Stone veneer or any other siding material wrapped on columns shall terminate at the Ěȱȱ, as applicable. 52. Update Section 19.28.120 to make intent language consistent with Section 19.28.070 (G): To mitigate privacy impacts and the visual mass and bulk of new two-story homes and additions, tree and/or shrub planting is required. The intent of this section is to provide substantial screening of views into neighboring residential side or rear yards within three years of planting, in order to protect the privacy of adjoining properties. 53. Update Section 19.28.120 (A) to clarify objective language and update standards for single- family residences in response to the changes to State law made through SB450: A. Applicability. These requirements shall apply to new two-story homes, second-story decks, two-¢ȱǰȱęȱȱȱ¡ȱ-story decks and/or new windows on existing two-story homes that increase privacy impacts on neighboring residents. 1. These requirements shall not apply to: a. Skylights; b. Windows with sills more ȱęȱȱȱȱęȱȱĚǲ c. Obscured, non-openable windows; d. ȱ ȱȱ¡ȱȱȱȱȱȱęȱȱȱȱ ȱĚǲ e. Non-ȱ ȱ ȱȱȱȱȱȱȱęȱȱȱȱ ȱĚǲ f. Windows which do not have views into a neighboring side or rear yard or that face a street or a non-residential zoning district; and g. When waivers have been obtained fromby ȱěȱ¢ȱ ǯ Moved SB9 standards, now applies to all projects, per SB450 Clarification Clarification 107 ȱ ȱ Pageȱ35ȱofȱ60ȱ ȱ 54. UpdateȱSectionȱ19.28.120ȱ(C)ȱ(1),ȱ(2),ȱandȱ(6)ȱtoȱclarifyȱobjectiveȱlanguage,ȱtoȱmakeȱlanguageȱ consistentȱwithȱtheȱrequirementsȱforȱlandscapingȱoutlinedȱinȱChapterȱ14.18,ȱandȱupdateȱ standardsȱforȱsingleȬfamilyȱresidencesȱinȱresponseȱtoȱtheȱchangesȱtoȱStateȱlawȱmadeȱthroughȱ SB450:ȱ ȱ 1.ȱȱFrontȱYardȱTreeȱPlanting.ȱ a. TheȱtreeȱshallȱbeȱtwentyȬfourȬinchȱboxȱorȱlargerȱlowȱtoȱmoderateȱwaterȱusingȱtreeȱ thatȱtypicallyȱgrowsȱtoȱaȱmatureȱheightȱofȱmoreȱthanȱ30ȱfeet,ȱplantedȱatȱwithȱaȱ minimumȱheightȱofȱsixȱfeet,ȱasȱmeasuredȱfromȱadjacentȱgrade.ȱCaliforniaȱnativeȱ treesȱareȱpreferred.ȱ b. Theȱtreeȱshallȱbeȱplantedȱinȱfrontȱofȱnewȱsecondȱstoriesȱinȱtheȱcenterȱ50%ȱofȱtheȱfrontȱ yardȱsetbackȱarea.ȱ i. InȱtheȱR1Ȭaȱzone,ȱtheȱtreeȱshallȱbeȱplacedȱtoȱwhereȱviewsȱfromȱsecondȱstoryȱ windowsȱacrossȱtheȱstreetȱareȱpartiallyȱmitigated.ȱ c. TheȱDirectorȱofȱCommunityȱDevelopmentȱmayȱwaiveȱtheȱfrontȱyardȱtreeȱorȱallowȱtheȱ treeȱtoȱbeȱplantedȱoutsideȱofȱtheȱcenterȱ50%ȱofȱtheȱfrontȱyardȱsetbackȱareaȱbasedȱonȱ aȱreportȱfromȱanȱinternationallyȬcertięedȱarboristȱcitingȱunavoidableȱconĚictȱwithȱ existingȱmatureȱtreeȱcanopiesȱonsiteȱorȱinȱtheȱpublicȱrightȬofȬway.ȱ d. Anȱexistingȱmatureȱtreeȱinȱtheȱfrontȱyardȱthatȱisȱorȱcanȱtypicallyȱgrowȱtoȱaȱheightȱofȱ 30ȱfeetȱorȱmoreȱandȱisȱlocatedȱinȱtheȱcenterȱ50%ȱofȱtheȱfrontȱyardȱcanȱbeȱusedȱasȱtheȱ frontȱyardȱtree,ȱsubjectȱtoȱanȱISAȱcertięedȱarboristȱcertifyingȱthatȱtheȱtreeȱisȱinȱ goodȱhealth.ȱ e. AȱcovenantȱshallȱbeȱrecordedȱtoȱidentifyȱtheȱfrontȱyardȱtreeȱasȱaȱProtectedȱTreeȱandȱ notifyingȱcurrentȱandȱfutureȱpropertyȱownersȱtoȱretainȱandȱmaintainȱtheȱtreeȱinȱ goodȱhealth.ȱ ȱ 2. PrivacyȱPlanting.ȱ a. Newȱtreesȱand/orȱshrubsȱareȱrequiredȱonȱtheȱapplicantȇsȱpropertyȱinȱanȱareaȱboundedȱ byȱaȱthirtyȬdegreeȱangleȱonȱeachȱsideȱwindowȱjamb.ȱandȱaȱ180Ȭdegreeȱangleȱfromȱ eachȱcornerȱofȱaȱbalconyȱorȱsecondȱstoryȱdeck,ȱmodięedȱbyȱtheȱangleȱcreatedȱ betweenȱtheȱfurthestȱcornerȱofȱtheȱbalconyȱorȱdeckȱandȱtheȱcorrespondingȱcornerȱ ofȱtheȱsecondȱstoryȱportionȱofȱtheȱstructure,ȱasȱshownȱinȱtheȱCity’sȱPrivacyȱ ProtectionȱRequirementsȱHandout.ȱ b. TheȱfollowingȱisȱrequiredȱforȱallȱsideȱandȱrearȱyardȬfacingȱsecondȱstoryȱwindowsȱinȱ theȱR1Ȭ6eȱzone:ȱ i. Coverȱwindowsȱwithȱexteriorȱlouversȱtoȱaȱheightȱofȱęveȱfeetȱaboveȱtheȱsecondȱ Ěoor;ȱorȱ ii. ObscureȱglassȱtoȱaȱheightȱofȱęveȱfeetȱaboveȱtheȱsecondȱĚoor;ȱorȱ iii. Haveȱaȱwindowsillȱheightȱofȱęveȱfeetȱminimumȱaboveȱtheȱęnishedȱsecondȱ Ěoor.ȱ Edited to provide specific guidelines Moved from SB9 standards for objective requirements New standard to codify existing practices 108 ȱ ȱ Pageȱ36ȱofȱ60ȱ ȱ c. TheȱPlanningȱDivisionȱshallȱmaintainȱaȱlistȱofȱallowedȱprivacyȱplantingȱtreesȱandȱ shrubs.ȱTheȱlistȱincludesȱallowedȱplantȱspecies,ȱminimumȱsizeȱofȱtreesȱandȱshrubs,ȱ expectedȱcanopyȱorȱspreadȱsize,ȱandȱplantingȱdistanceȱbetweenȱtrees.ȱ i. InȱtheȱR1Ȭaȱzone,ȱtheȱminimumȱheightȱofȱprivacyȱtreesȱatȱtheȱtimeȱofȱplantingȱ shallȱbeȱtwelveȱfeet.ȱ ii. InȱtheȱR1Ȭaȱzone,ȱprivacyȱplantingȱshallȱhaveȱaȱminimumȱsetbackȱfromȱtheȱ propertyȱlineȱequivalentȱtoȱoneȬquarterȱofȱtheȱspreadȱnotedȱonȱtheȱCityȱlist.ȱ d. Theȱtreesȱand/orȱshrubsȱshallȱbeȱplantedȱpriorȱtoȱissuanceȱofȱaȱęnalȱoccupancyȱ permit.ȱ e. Windowsȱorȱotherȱopeningsȱinȱtheȱwallȱwithȱaȱsideȱyardȱsetbackȱlessȱthanȱ10ȱfeetȱ orȱaȱrearȱyardȱsetbackȱofȱlessȱthanȱ25ȱfeetȱshallȱhaveȱaȱminimumȱwindowsillȱheightȱ ofȱmoreȱthanȱęveȱfeetȱorȱshallȱhaveȱobscureȱglassȱandȱbeȱinoperableȱwithȱaȱęxedȱ pane(s).ȱ f. Theȱminimumȱplanterȱwidthȱrequiredȱforȱprivacyȱplantingȱshallȱbeȱthreeȱfeet.ȱ Emergencyȱaccessȱpathsȱshallȱnotȱbeȱconcurrentȱwithȱareasȱdesignatedȱasȱprivacyȱ plantingȱplanters.ȱ ȱ 6. Replacement.ȱPrivacyȱplantingȱinȱRȬ1ȱzoningȱdistrictsȱshallȱbeȱmaintainedȱbyȱtheȱ propertyȱownerȱofȱtheȱlot.ȱWhereȱrequiredȱplantingȱisȱapprovedȱforȱremovalȱremovedȱ orȱdies,ȱreplacementȱtreesȱmustȱbeȱplantedȱitȱmustȱbeȱreplacedȱwithinȱthirtyȱdaysȱwithȱ privacyȱtree(s)ȱinȱtheȱsameȱlocation,ȱsizeȱandȱwithȱtheȱsameȱspecies,ȱandȱofȱtheȱsameȱ sizeȱasȱtheȱtree(s)ȱbeingȱreplaced,ȱunlessȱtheȱlocation,ȱspecies,ȱorȱsizeȱisȱdeterminedȱtoȱ beȱinfeasibleȱbyȱtheȱDirectorȱofȱCommunityȱDevelopment.ȱIfȱanȱalternativeȱlocationȱisȱ proposedȱdueȱtoȱinfeasibility,ȱasȱdeterminedȱbyȱtheȱDirector,ȱtheȱtree(s)ȱmustȱbeȱ relocatedȱtoȱcontinueȱscreeningȱofȱtheȱprivacyȱviewshed,ȱasȱdeęnedȱinȱSectionȱ 19.28.120ȱ(C)ȱ(2)ȱ(a),ȱunlessȱaȱwaiverȱisȱobtainedȱfromȱtheȱaěectedȱneighbor.ȱofȱsimilarȱ sizeȱasȱtheȱtree(s)ȱbeingȱreplaced,ȱunlessȱitȱisȱdeterminedȱtoȱbeȱinfeasibleȱbyȱtheȱ DirectorȱofȱCommunityȱDevelopment.ȱ Moved from SB9 standards to address potential impacts from reduced setbacks Reworded for clarity 109 ȱ ȱ Pa g e ȱ37 ȱof ȱ60 ȱ ȱȱ55 . Up d a t e ȱSe c t i o n ȱ19 . 2 8 . 1 5 0 ȱto ȱcl a r i f y ȱob j e c t i v e ȱla n g u a g e ȱan d ȱup d a t e ȱst a n d a r d s ȱfo r ȱmi n i s t e r i a l ȱap p r o v a l ȱof ȱup ȱto ȱtw o ȱun i t s ȱto ȱre Ěec t ȱch a n g e s ȱto ȱ St a t e ȱla w ȱma d e ȱth r o u g h ȱSB 4 5 0 : ȱ ȱ E. Ob j e c t i v e ȱZo n i n g ȱan d ȱDe s i g n ȱSt a n d a r d s ȱfo r ȱMi n i s t e r i a l l y ȱAp p r o v e d ȱHo u s i n g ȱDe v e l o p m e n t ȱPr o j e c t s ȱin ȱth e ȱRȬ1ȱDi s t r i c t . ȱIn ȱad d i t i o n ȱto ȱan y ȱ ap p l i c a b l e ȱob j e c t i v e ȱzo n i n g ȱst a n d a r d s , ȱob j e c t i v e ȱsu b d i v i s i o n ȱst a n d a r d s , ȱan d ȱob j e c t i v e ȱde s i g n ȱre v i e w ȱst a n d a r d s ȱin ȱth e ȱMu n i c i p a l ȱCo d e , ȱaȱ ho u s i n g ȱde v e l o p m e n t ȱpr o j e c t ȱap p r o v e d ȱpu r s u a n t ȱto ȱth i s ȱSe c t i o n ȱmu s t ȱco m p l y ȱwi t h ȱal l ȱap p l i c a b l e ȱob j e c t i v e ȱzo n i n g ȱan d ȱde s i g n ȱst a n d a r d s ȱto ȱ th e ȱma x i m u m ȱex t e n t ȱpe r m i s s i b l e ȱun d e r ȱGo v e r n m e n t ȱCo d e ȱSe c t i o n ȱ65 8 5 2 . 2 1 , ȱin c l u d i n g ȱbu t ȱno t ȱli m i t e d ȱto ȱth e ȱfo l l o w i n g ȱst a n d a r d s ȱfo r ȱ mi n i s t e r i a l ȱde v e l o p m e n t ȱpr o j e c t s : ȱ 1. ȱȱ De v e l o p m e n t ȱSt a n d a r d s ȱ(G o v . ȱ Co d e , ȱ§ȱ65 8 5 2 . 2 1 ) ȱ a. ȱȱ ȱ Ex c e p t ȱas ȱot h e r w i s e ȱpr o v i d e d ȱhe r e i n , ȱuU ni t s ȱsh a l l ȱno t ȱex c e e d ȱ80 0 ȱsq u a r e ȱfe e t ȱpe r ȱun i t ȱan d ȱsh a l l ȱco m p l y ȱ wi t h ȱPa r a g r a p h ȱB, ȱab o v e .; ȱor ȱ b. ȱȱ Th e ȱĚoo r ȱar e a ȱof ȱth e ȱla r g e r ȱun i t ȱin ȱaȱdu p l e x ȱde v e l o p m e n t ȱpr o p o s e d ȱpu r s u a n t ȱto ȱth i s ȱSe c t i o n ȱsh a l l ȱbe ȱ no ȱmo r e ȱth a n ȱ20 0 ȱsq u a r e ȱfe e t ȱgr e a t e r ȱth a n ȱth e ȱsm a l l e r ȱun i t ȱof ȱth e ȱdu p l e x ȱde v e l o p m e n t . ȱ c. ȱȱ ȱ No t w i t h s t a n d i n g ȱsu b p a r a g r a p h ȱ(a ) , ȱde v e l o p m e n t ȱpu r s u a n t ȱto ȱth i s ȱSe c t i o n ȱma y ȱha v e ȱaȱma x i m u m ȱ Fl o o r ȱAr e a ȱRa t i o ȱof ȱup ȱto ȱ45 % ȱof ȱth e ȱne t ȱlo t ȱar e a , ȱan d ȱaȱma x i m u m ȱLo t ȱCo v e r a g e ȱof ȱ45 % ȱof ȱth e ȱne t ȱlo t ȱar e a ȱ pl u s ȱan ȱad d i t i o n a l ȱ5% ȱfo r ȱro o f ȱov e r h a n g s , ȱpa t i o s , ȱpo r c h e s , ȱan d ȱot h e r ȱsi m i l a r ȱfe a t u r e s ȱno t ȱSu b s t a n t i a l l y ȱ En c l o s e d , ȱif ȱit ȱco m p l i e s ȱwi t h ȱth e ȱre q u i r e m e n t s ȱof ȱPa r a g r a p h ȱBȱan d ȱsu b p a r a g r a p h s ȱ2ȱth r o u g h ȱ16 ȱof ȱth i s ȱ Pa r a g r a p h ;ȱpr o v i d e d , ȱho w e v e r , ȱth a t ȱaȱho u s i n g ȱde v e l o p m e n t ȱpr o j e c t ȱon ȱaȱlo t ȱha v i n g ȱaȱsl o p e ȱ30 % ȱor ȱ gr e a t e r ȱsh a l l ȱno t ȱex c e e d ȱth e ȱĚoo r ȱar e a ȱal l o w e d ȱun d e r ȱCh a p t e r ȱ19 . 4 0 .ȱHo w e v e r , ȱun d e r ȱno ȱci r c u m s t a n c e s ȱ sh a l l ȱth e ȱsi z e ȱof ȱan y ȱmi n i s t e r i a l l y ȱap p r o v e d ȱun i t ȱex c e e d ȱ2, 0 0 0 ȱsq u a r e ȱfe e t ȱof ȱli v i n g ȱsp a c e . ȱ b. ȱȱ Un i t s ȱex c e e d i n g ȱ80 0 ȱsq u a r e ȱfe e t ȱma y ȱbe ȱpe r m i s s i b l e ȱif ȱco m p l i a n t ȱwi t h ȱth e ȱfo l l o w i n g : ȱ i. ȱȱ ȱ Cu m u l a t i v e ȱFl o o r ȱAr e a ȱRa t i o ȱan d ȱLo t ȱCo v e r a g e ȱof ȱth e ȱap p l i c a b l e ȱzo n i n g ȱdi s t r i c t ȱ(i . e . ȱR1 , ȱR1 Ȭa, ȱR1 Ȭe, ȱ or ȱR1 Ȭi) ; ȱan d ȱ ii . ȱȱ Th e ȱre q u i r e m e n t s ȱof ȱPa r a g r a p h ȱB; ȱan d ȱ ii i . Su b p a r a g r a p h s ȱ2ȱth r o u g h ȱ16 ȱof ȱth i s ȱPa r a g r a p h . ȱ cd .ȱȱ If ȱth e ȱsi t e ȱha s ȱbe e n ȱoc c u p i e d ȱby ȱaȱte n a n t ȱin ȱth e ȱla s t ȱth r e e ȱye a r s , ȱno ȱmo r e ȱth a n ȱ25 % ȱof ȱth e ȱex t e r i o r ȱwa l l s ȱ al t e r a t i o n ȱor ȱde m o l i t i o n ȱof ȱan ȱex i s t i n g ȱun i t ȱsh a l l ȱoc c u r b e ȱde m o l i s h e d .ȱ e. ȱȱ ȱ If ȱno ȱde d i c a t i o n ȱwa s ȱre q u i r e d ȱfo r ȱcr e a t i o n ȱof ȱth e ȱlo t , ȱth e ȱpr o j e c t ȱsh a l l ȱin c l u d e ȱaȱde d i c a t i o n ȱto ȱ ac c o m m o d a t e ȱth e ȱpr e d o m i n a n t ȱpu b l i c ȱri g h t ȱof ȱwa y , ȱas ȱde t e r m i n e d ȱby ȱth e ȱCi t y ȱEn g i n e e r , ȱab u Ĵin g ȱth e ȱ co r r e s p o n d i n g ȱlo t ȱli n e ȱan d ȱfr o n t a g e ȱim p r o v e m e n t s , ȱin c l u d i n g ȱcu r b , ȱgu Ĵer ȱan d ȱsi d e w a l k ȱsh a l l ȱbe ȱ in s t a l l e d ȱby ȱth e ȱap p l i c a n t . ȱ Re m o v e d o r mo v e d p e r SB 4 5 0 110 P a g e 3 9 o f 6 1 2. S e c o n d t o F i r s t F l o o r A r e a R a t i o : a. ȱ ȱ ȱ ȱ ȱ ¢ ȱ ȱę ȱ ¢ ȱ Ě ȱ ȱ ȱ ȱ ¡ ȱ 50 6 6 % in a l l R 1 z o n i n g d i s t r i c t s ex c e p t t h e R 1 - a d i s t r i c t . e x c e p t t h a t : i. In a l l R 1 z o n i n g d i s t r i c t s e x c e p t t h e R 1 - a d i s t r i c t : 1. Th e r a t i o o f t h e s e c o n d ¢ ȱ ȱ ę ȱ ¢ ȱ Ě ȱ ȱ ¢ ȱ ¡ ȱ ś Ŗ Ɩ ǰ ȱ ȱ ȱ ȱ ¡ ȱ ȱ ŜŜ Ɩ ǰ ȱ ȱ ȱ ȱ ę - ¢ ȱ ȱ ȱ ȱ ŗ ś ȱ ȱ ǻ ȱ ȱ ę -s t o r y s i d e s e t b a c k l e s s t h a n ę ȱ Ǽ ǰ ȱ - s t o r y s i d e s e t b a c k s o f a t l e a s t 1 5 f e e t e a c h , a r e a r s e t b a c k o f 2 0 f e e t o n t h e ę ȱ ¢ ȱ ȱ ȱ ȱ ȱ ȱ Ř ś ȱ ȱ ȱ ȱ ȱ ¢ ȱ ȱ ǯ b. ii . In t h e R 1 - a z o n i n g d i s t r i c t : S e e S e c t i o n 1 9 . 2 8 . 0 9 0 ( C ) . 1. ȱ ¡ ȱ ȱ ȱ ȱ ȱ ¢ ȱ ȱ ę ȱ ¢ ȱ Ě ȱ ȱ ȱ Ś Ŗ Ɩ ȱ ȱ ȱ ȱ ȱ ś Ŗ Ŗ ȱ ȱ fe e t , e x c e p t w h e r e a l l o w e d b e l o w ; 2. ȱ ȱ Ě ȱ ¢ ȱ ¡ ȱ ś Ŗ Ŗ ȱ ȱ ǰ ȱ ȱ ȱ ȱ ȱ ¢ ȱ ȱ ¡ ȱ ŗ ǰ ŗ Ŗ Ŗ ȱ ȱ ǰ ȱ ȱ ę -s t o r y s i d e s e t b a c k s o f a t l e a s t 1 0 f e e t e a c h , a c o m b i n e d s e c o n d - s t o r y s i d e s e t b a c k o f 3 5 f e e t (w i t h n o s e c o n d s t o r y s i d e s e t b a c k l e s s t h a n 1 5 f e e t ) , a n ȱ ȱ ȱ ȱ ȱ Ř Ŗ ȱ ȱ ȱ ȱ ę ȱ ¢ ȱ an d 4 0 f e e t f o r t h e s e c o n d s t o r y a r e p r o v i d e d . b. ȱ ȱ ǻ ȱ ȱ ȱ ę ȱ Ě ȱ ȱ ȱ ȱ ȱ ȱ ȱ Ǽ ȱ ȱ ȱ ȱ ȱ ŗ Ŝ ȱ ȱ ȱ ȱ ȱ ȱ ȱ Ě ȱ ȱ ȱ Ǳ i. ȱ ȱ ¢ ȱ ǰ ȱ ȱ Ě ȱ ȱ ȱ ȱ ȱ ȱ ȱ ę ȱ Ě ȱ ǯ ii . ȱ ȱ ¢ ȱ ǰ ȱ ȱ Ě ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ę ȱ ȱ ȱ Ě ȱ ǯ 3. In t e r i o r A r e a s a. S e e S e c t i o n 1 9 . 2 8 . 0 7 0 ( D ) 3. 4. S e t b a c k s : a. ȱ ę -s t o r y f r o n t s e t b a c k i s 2 0 f e e t , u n l e s s o t h e r w is e r e q u i r e d i n a t r a c t m a p o r z o n i n g m a p ex c e p t t h a t : i. In t h e R 1 - a z o n i n g d i s t r i c t , t h e r e qu i r e d m i n i m u m s e t b a c k i s 3 0 f e e t . ii . Ga r a g e s w i t h u p t o t w o p a r k i n g s p a c e s s h a l l b e s e t b a c k t w o a d d i t i o n a l f e e t f r o m t h e f a c e o f th e l i v i n g a r e a o f t h e u n i t , n o t i n c l u d i n g a f r o n t e n t r y f e a t u r e o r p o r c h . ii i . Th i r d c a r g a r a g e s p a c e s : 1. On l o t s w h e n t h e g a r a g e i s v i s i b l e f r o m t h e s t re e t : p a r k i n g s h a l l b e p r o v i d e d i n t a n d e m o r in a d e t a c h e d a c c e s s o r y s t r u c t u r e a t t h e r e a r o f t h e p r o p e r t y . 2. ȱ Ě ȱ ȱ ȱ ȱ -o r i e n t e d g a r a g e s l o c a t e d a t t h e r e a r o f t h e p r i n c i p a l u n i t : a t h i r d pa r k i n g s p a c e m a y b e o n t h e s a m e w a l l p l a n e a s t h e o t h e r t w o p a r k i n g s p a c e s . b. Mi n i m u m s e c o n d - s t o r y f r o n t s e t b a c k i s 2 5 f e e t e x c e p t t h a t : i. In t h e R 1 - a z o n i n g d i s t r i c t , t h e r e qu i r e d m i n i m u m s e t b a c k i s 3 0 f e e t . Re m o v e d p e r S B 4 5 0 Mo v e d , p e r S B 4 5 0 111 P a g e 4 0 o f 6 1 c. ȱ ę - a n d s e c o n d - s t o r y s i d e a n d r e a r s e t b a c k s s h a l l b e f o u r f e e t e a c h ; p r o v i d e d , h o w e v e r , t h a t : i. No s e t b a c k s s h a l l b e r e q u i r e d f o r a n e x i s t i n g s t r u c t u r e o r f o r a s t r u c t u r e c o n s t r u c t e d i n t h e s a m e lo c a t i o n a n d t o t h e s a m e d i m e n s i o n s a s a n e x i s t i n g s t r u c t u r e . ii . No n e w o r e x p a n d e d s t r u c t u r e s s h a l l e n c r o a c h up o n a n y e x i s t i n g p u b l i c o r p r i v a t e u t i l i t y ea s e m e n t s . ii i . No s e t b a c k s h a l l b e r e q u i r e d f r o m a s h a r e d n e w si d e l o t l i n e b e t w e e n t h e t w o n e w l o t s c r e a t e d pu r s u a n t t o a n U r b a n L o t S p l i t u n d e r G o v e r n m e n t C o d e S e c t i o n 6 6 4 1 1 . 7 w h e n : 1. Mo r e t h a n o n e n e w p r i m a r y d w e l l i n g u n i t i s a pp r o v e d c o n c u r r e n t l y w i t h a n U r b a n L o t S p l i t ; an d 2. Un i t s w i t h a z e r o - f o o t s e t b a c k a r e d e v e l o p e d c o n c u r r e n t l y ; a n d 3. ȱ ȱ ȱ ¢ ȱ ȱ ȱ ȱ ȱ ȱ ę ȱ ȱ ȱ ȱ ę ȱ ¢ ȱ ȱ ŗ Ŗ ȱ ȱ ȱ ȱ se c o n d s t o r y ; a n d 4. ȱ ¢ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ¢ ȱ ȱ ȱ ¢ ȱ Ĵ ǲ ȱ 5. St r u c t u r e s a l o n g t h e n e w s h a r e d p r o p e r t y l i n e a r e n o m o r e t h a n z e r o f e e t o r l e s s t h a n f o u r fe e t . iv . Th e r e q u i r e d b u i l d i n g e n v e l o p e s h a l l n o t a p p l y t o t h e p o r t i o n s o f s t r u c t u r e s w i t h a z e r o - f o o t se t b a c k . d. Co r n e r T r i a n g l e : N o p o r t i o n o f a s t r u c t u r e s h a l l b e l o ca t e d w i t h i n a c o r n e r t r i a n g l e , p r o v i d e d t h a t i n n o ca s e s h a l l a s i d e y a r d s e t b a c k o f m o r e t h a n f o u r f e e t b e r e q u i r e d . e. De t a c h e d pr i m a r y r e s i d e n t i a l st r u c t u r e s : D e t a c h e d s t r u c t u r e s l o c a t e d o n t h e s a m e l o t s h a l l h a v e a ȱ ȱ ę ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ǯ 54 . M a x i m u m h e i g h t : a. Pr i n c i p a l D w e l l i n g u n i t s a r e l i m i t e d t o 2 8 f e e t i n he i g h t a n d n o m o r e t h a n t w o s t o r i e s e x c e p t t h a t : i. In R - ŗȱ ȱ ȱ ȱ ȃ Ȉ ȱ Ĝ ¡ ǰ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ¢ ȱ ǻ ȱ ȱ ¡ ȱ ŗ Ş ȱ Ǽ ǯ b. Fi r s t - s t o r y b u i l d i n g e n v e l o p e : Se e S e c t i o n 1 9 . 2 8 . 0 7 0 ( J ) ( 3 ) Al l t h e m a x i m u m e x t e r i o r w a l l h e i g h t a n d bu i l d i n g h e i g h t o f n s i n g l e - s t o r y s t r u c t u r es a n d s i n g l e s t o r y s e c t i o n s o f t w o - ¢ ȱ ȱ ȱ ę ȱ ȱ ȱ ȱ ȱ ę ȱ ¢ Ǳ i. A 9 - f o o t - h i g h v e r t i c a l l i n e f r o m n a t u r a l g r ad e m e a s u r e d a t t h e p r o p e r t y l i n e ; a n d ii . A 2 5 - d e g r e e r o o f l i n e a n g l e p r o j e c t e d i n w a r d at t h e 9 - f o o t - h i g h l i n e r e f e r e n c e d a b o v e ; No t w i t h s t a n d i n g t h e ę ȱ ¢ ȱ ǰ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ę ȱ Ĵ ȱ sp a c e m a y h a v e a m a x i m u m w a l l h e i g h t o f 1 3 f e e t t o t h e p e a k o f t h e r o o f a s m e a s u r e d f r o m n a t u r a l gr a d e . Re m o v e d p e r S B 4 5 0 112 ȱ ȱ Pa g e ȱ40 ȱof ȱ60 ȱ ȱ c. Se c o n d Ȭst o r y ȱbu i l d i n g ȱen v e l o p e : ȱSe e ȱSe c t i o n ȱ19 . 2 8 . 0 7 0 ȱ( J ) ȱ(3 ) ȱAl l ȱth e ȱma x i m u m ȱex t e r i o r ȱwa l l ȱhe i g h t ȱan d ȱ bu i l d i n g ȱhe i g h t ȱon ȱtw o Ȭst o r y ȱse c t i o n s ȱof ȱtw o Ȭst o r y ȱst r u c t u r e s ȱmu s t ȱętȱin t o ȱth e ȱbu i l d i n g ȱen v e l o p e ȱ de ęne d ȱby : ȱ i. Aȱ15 Ȭfo o t Ȭhi g h ȱve r t i c a l ȱli n e ȱfr o m ȱna t u r a l ȱAȱ25 Ȭde g r e e ȱro o f ȱli n e ȱan g l e ȱpr o j e c t e d ȱin w a r d ȱat ȱth e ȱ15 Ȭ fo o t Ȭhi g h ȱli n e ȱre f e r e n c e d ȱab o v e . g r a d e ȱme a s u r e d ȱat ȱth e ȱpr o p e r t y ȱli n e ; ȱan d ȱ ii . Aȱ25 Ȭde g r e e ȱro o f ȱli n e ȱan g l e ȱpr o j e c t e d ȱin w a r d ȱat ȱth e ȱ15 Ȭfo o t Ȭhi g h ȱli n e ȱre f e r e n c e d ȱab o v e . ȱ d. No t w i t h s t a n d i n g ȱsu b s e c t i o n s ȱ(b ) ȱan d ȱ(c ) ȱab o v e , ȱpo r t i o n s ȱof ȱth e ȱst r u c t u r e s ȱde v e l o p e d ȱut i l i z i n g ȱth e ȱ pr o v i s i o n s ȱof ȱsu b s e c t i o n ȱ(43 )( c ) ȱab o v e , ȱdo ȱno t ȱha v e ȱto ȱme e t ȱth e ȱęrs t ȱst o r y ȱor ȱse c o n d ȱst o r y ȱbu i l d i n g ȱ en v e l o p e ȱre q u i r e m e n t s . ȱ 65 .ȱȱ Ba s e m e n t s:ȱ No t ȱal l o w e d . ȱAl l o w e d , ȱsu b j e c t ȱto ȱth e ȱre q u i r e m e n t s ȱou t l i n e d ȱin ȱSe c t i o n ȱ19 . 2 8 . 0 7 0 ȱ(I ) . ȱ 76 .ȱLa n d s c a p i n g ȱan d ȱPr i v a c y ȱ Pr o t e c t i o n : ȱ a. La n d s c a p i n g : ȱAl l ȱpr o p o s e d ȱla n d s c a p i n g ȱsh a l l ȱme e t ȱth e ȱre q u i r e m e n t s ȱof ȱCh a p t e r ȱ14 . 1 5 ȱof ȱth e ȱMu n i c i p a l ȱ Co d e . ȱ b. Fr o n t ȱYa r d ȱTr e e ȱRe q u i r e d : ȱSh a l l ȱbe ȱpr o v i d e d ȱin ȱth e ȱsa m e ȱma n n e r ȱas ȱre q u i r e d ȱpu r s u a n t ȱto ȱSe c t i o n ȱ 19 . 2 8 . 1 2 0 . ȱ i. Aȱ24 Ȭin c h ȱbo x ȱCa l i f o r n i a ȱna t i v e ȱtr e e ȱth a t ȱty p i c a l l y ȱgr o w s ȱto ȱaȱma t u r e ȱhe i g h t ȱof ȱmo r e ȱth a n ȱ30 ȱfe e t ȱis ȱ re q u i r e d ȱfo r ȱal l ȱtw o Ȭst o r y ȱho m e s ȱan d ȱmu s t ȱbe ȱpl a c e d ȱin ȱth e ȱce n t e r ȱ50 % ȱof ȱth e ȱfr o n t ȱya r d . ȱ ii . An ȱex i s t i n g ȱma t u r e ȱtr e e ȱin ȱth e ȱfr o n t ȱya r d ȱth a t ȱis ȱor ȱca n ȱty p i c a l l y ȱgr o w ȱto ȱaȱhe i g h t ȱof ȱ30 ȱfe e t ȱof ȱmo r e ȱ an d ȱis ȱlo c a t e d ȱin ȱth e ȱce n t e r ȱ50 % ȱof ȱth e ȱfr o n t ȱya r d ȱca n ȱbe ȱus e d ȱas ȱth e ȱfr o n t ȱya r d ȱtr e e , ȱsu b j e c t ȱto ȱan ȱ IS A ȱce r t i ęed ȱar b o r i s t ȱce r t i f y i n g ȱth a t ȱth e ȱtr e e ȱis ȱin ȱgo o d ȱhe a l t h . ȱ ii i . Aȱco v e n a n t ȱsh a l l ȱbe ȱre c o r d e d ȱto ȱid e n t i f y ȱth e ȱfr o n t ȱya r d ȱtr e e ȱas ȱaȱPr o t e c t e d ȱTr e e ȱan d ȱno t i f y i n g ȱ cu r r e n t ȱan d ȱfu t u r e ȱpr o p e r t y ȱow n e r s ȱto ȱre t a i n ȱan d ȱma i n t a i n ȱth e ȱtr e e ȱin ȱgo o d ȱhe a l t h . ȱ c. Pr i v a c y ȱPr o t e c t i o n ȱPl a n t i n g :ȱfo r ȱwi n d o w s ȱfr o m ȱse c o n d ȱst o r y ȱwi n d o w s ȱsh a l l ȱbe ȱpr o v i d e d r e q u i r e d ȱin ȱth e ȱ sa m e ȱma n n e r ȱas ȱre q u i r e d ȱpu r s u a n t ȱto ȱSe c t i o n ȱ19 . 2 8 . 1 2 0 ., ȱex c e p t ȱas ȱpr o v i d e d ȱbe l o w : ȱ i. Wi n d o w s ȱor ȱot h e r ȱop e n i n g s ȱin ȱth e ȱwa l l ȱwi t h ȱaȱsi d e ȱya r d ȱse t b a c k ȱle s s ȱth a n ȱ10 ȱfe e t ȱsh a l l ȱha v e ȱaȱ mi n i m u m ȱwi n d o w s i l l ȱhe i g h t ȱof ȱęve ȱfe e t ȱon e ȱin c h ȱor ȱsh a l l ȱha v e ȱob s c u r e ȱgl a s s ȱan d ȱbe ȱin o p e r a b l e ȱ wi t h ȱaȱęxe d ȱpa n e ( s ) . ȱ ii . Wi n d o w s ȱor ȱot h e r ȱop e n i n g s ȱin ȱth e ȱwa l l ȱwi t h ȱaȱre a r ȱya r d ȱse t b a c k ȱle s s ȱth a n ȱ25 ȱfe e t ȱsh a l l ȱha v e ȱaȱ mi n i m u m ȱwi n d o w s i l l ȱhe i g h t ȱof ȱęve ȱfe e t ȱon e ȱin c h , ȱor ȱsh a l l ȱha v e ȱob s c u r e ȱgl a s s ȱan d ȱbe ȱin o p e r a b l e ȱ wi t h ȱaȱęxe d ȱpa n e ( s ) . ȱ ii i . Su b s e c t i o n s ȱ(a ) ȱan d ȱ(b ) ȱdo ȱno t ȱap p l y ȱto ȱsk y l i g h t s ȱor ȱwi n d o w s ȱwh i c h ȱdo ȱno t ȱha v e ȱvi e w s ȱin t o ȱan ȱ ad j a c e n t ȱsi d e ȱor ȱre a r ȱya r d ȱor ȱth a t ȱfa c e ȱaȱst r e e t ȱor ȱaȱno n Ȭre s i d e n t i a l ȱzo n i n g ȱdi s t r i c t . ȱ Mo v e d p e r S B 4 5 0 Mo v e d p e r S B 4 5 0 113 ȱ ȱ Pa g e ȱ41 ȱof ȱ60 ȱ ȱ iv . Mi n i m u m ȱpl a n t e r ȱwi d t h ȱre q u i r e d ȱfo r ȱpr i v a c y ȱpl a n t i n g ȱsh a l l ȱbe ȱth r e e ȱfe e t . ȱEm e r g e n c y ȱac c e s s ȱpa t h s ȱ sh a l l ȱno t ȱbe ȱco n c u r r e n t ȱwi t h ȱar e a s ȱde s i g n a t e d ȱas ȱpr i v a c y ȱpl a n t i n g ȱpl a n t e r s . ȱ 87 .ȱPr i v a t e ȱop e n ȱsp a c e : ȱ Ea c h ȱun i t ȱmu s t ȱpr o v i d e ȱat ȱle a s t ȱ15 % ȱof ȱth e ȱun i t ȱĚoo r ȱar e a ȱas ȱpr i v a t e ȱop e n ȱsp a c e ȱon ȱth e ȱęrs t ȱĚoo r , ȱwi t h ȱno ȱ di m e n s i o n ȱle s s ȱth a n ȱ10 ȱfe e t . ȱPr i v a t e ȱop e n ȱsp a c e ȱsh a l l ȱno t ȱbe ȱlo c a t e d ȱin ȱth e ȱre q u i r e d ȱfr o n t ȱya r d ȱse t b a c k ȱ ar e a . ȱSe e ȱSe c t i o n ȱ19 . 2 8 . 1 1 0 ȱ(A ) ȱ(1 2 ) . ȱ 8. ȱPe r m i Ĵed ȱya r d ȱen c r o a c h m e n t s : ȱ a. Fr o n t ȱen t r y ȱfe a t u r e s ,ȱbu t ȱno t ȱpo r c h e s , ȱma y ȱen c r o a c h ȱin t o ȱaȱre q u i r e d ȱfr o n t ȱya r d ȱse t b a c k ȱup ȱto ȱth r e e ȱfe e t . ȱ b. Ar c h i t e c t u r a l ȱfe a t u r e s ȱMm ay ȱex t e n d ȱin t o ȱaȱre q u i r e d ȱya r d ȱaȱdi s t a n c e ȱno t ȱex c e e d i n g ȱth r e e ȱfe e t . ȱ c. No ȱar c h i t e c t u r a l ȱfe a t u r e , ȱor ȱco m b i n a t i o n ȱth e r e o f , ȱwh e t h e r ȱaȱpo r t i o n ȱof ȱaȱpr i n c i p a l ȱor ȱac c e s s o r y ȱst r u c t u r e , ȱ ma y ȱex t e n d ȱcl o s e r ȱth a n ȱth r e e ȱfe e t ȱto ȱan y ȱpr o p e r t y ȱli n e . ȱ d. Ar c h i t e c t u r a l ȱfe a t u r e s ȱma y ȱno t ȱex c e e d ȱ50 % ȱof ȱth e ȱwa l l ȱth e y ȱar e ȱon , ȱas ȱme a s u r e d ȱfr o m ȱth e ȱin t e r i o r ȱwa l l ȱ su r f a c e s . ȱ 9. ȱSe c o n d ȱst o r y ȱde c k s , ȱba l c o n i e s , ȱor ȱ si m i l a r ȱfe a t u r e s ȱ No t ȱAl l o w e d ȱMi n o r ȱRe s i d e n t i a l ȱPe r m i t ȱre q u i r e d ȱco n s i s t e n t ȱwi t h ȱSe c t i o n ȱ19 . 2 8 . 0 7 0 ȱG. ȱ 10 . ȱDe s i g n ȱSt a n d a r d s : ȱȱ a. ȱSe e ȱSe c t i o n s ȱ19 . 2 8 . 0 6 0 , ȱ19 . 2 8 . 0 7 0 , ȱan d ȱ19 . 2 8 . 1 1 0 ȱ(A ) . ȱ a. En t r y ȱfe a t u r e s : ȱȱ i. Aȱma x i m u m ȱof ȱon e ȱen t r y ȱfe a t u r e ȱpe r ȱun i t ȱis ȱal l o w e d ȱan d ȱno ȱmo r e ȱth a n ȱon e ȱen t r y ȱfe a t u r e ȱpe r ȱ st r u c t u r e ȱsh a l l ȱbe ȱal l o w e d . ȱ ii . Th e ȱen t r y ȱfe a t u r e ȱsh a l l ȱbe ȱor i e n t e d ȱto ȱfa c e ȱth e ȱst r e e t ȱan d ȱsh a l l ȱin c l u d e ȱaȱfr o n t ȱen t r y ȱdo o r ȱal s o ȱ or i e n t e d ȱto ȱfa c e ȱth e ȱst r e e t . ȱ ii i . Ma x i m u m ȱen t r y ȱfe a t u r e ȱhe i g h t ȱis ȱ14 ȱfe e t ȱas ȱme a s u r e d ȱfr o m ȱna t u r a l ȱgr a d e ȱto ȱth e ȱto p ȱof ȱth e ȱpl a t e . ȱ iv . If ȱaȱdu p l e x ȱwi t h ȱaĴac h e d ȱun i t s ȱis ȱpr o p o s e d , ȱaȱpr o p o s e d ȱen t r y ȱfe a t u r e ȱma y ȱin c o r p o r a t e ȱtw o ȱ en t r a n c e ȱdo o r s ȱfo r ȱth e ȱtw o ȱun i t s . ȱOn e ȱof ȱth e ȱen t r a n c e ȱdo o r s ȱor ȱaȱco m m o n ȱop e n i n g ȱin t o ȱaȱsh a r e d ȱ en t r y ȱpo r t a l ȱsh a l l ȱbe ȱor i e n t e d ȱto ȱfa c e ȱth e ȱst r e e t . ȱ v. If ȱdu p l e x e s ȱar e ȱpr o p o s e d ȱon ȱco r n e r ȱlo t s , ȱth e ȱen t r a n c e s ȱto ȱth e ȱtw o ȱun i t s ȱsh a l l ȱbe ȱon ȱdi ěer e n t ȱst r e e t ȱ fr o n t a g e s , ȱex c e p t ȱth a t ȱif ȱth e ȱco r n e r ȱlo t ȱfr o n t s ȱaȱma j o r ȱco l l e c t o r , ȱbo t h ȱth e ȱen t r a n c e s ȱma y ȱbe ȱlo c a t e d ȱ on ȱth e ȱmi n o r ȱco l l e c t o r ȱor ȱne i g h b o r h o o d ȱst r e e t . ȱ b. If ȱaȱfr o n t ȱpo r c h ȱ(n o t ȱaȱfr o n t ȱen t r y ȱfe a t u r e ) ȱis ȱpr o p o s e d , ȱth e ȱpo r c h ȱsh a l l ȱbe ȱpr o p o r t i o n a t e l y ȱgr e a t e r ȱin ȱ wi d t h ȱth a n ȱin ȱhe i g h t . ȱ i. Po r c h ȱel e m e n t s ȱsh a l l ȱha v e ȱde t a i l i n g ȱth a t ȱem p h a s i z e s ȱth e ȱba s e ȱan d ȱha v e ȱca p s ȱfo r ȱpo s t s ȱ an d ȱfe n c e ȱel e m e n t s ȱof ȱth e ȱpo r c h . ȱ c. Ex t e r i o r ȱan d / o r ȱun c o v e r e d ȱst a i r ȱac c e s s ȱsh a l l ȱno t ȱbe ȱal l o w e d ȱto ȱth e ȱse c o n d ȱĚoo r . ȱ Mo v e d p e r S B 4 5 0 Mo v e d o r r e m o v e d pe r S B 4 5 0 Al l o w e d p e r S B 4 5 0 114 P a g e 4 3 o f 6 1 d. Al l n e w s t r u c t u r e s p r o p o s e d i n t h e R 1 - e z o n i n g d i s t r i c t s h a l l m e e t t h e b u i l d i n g d e s i g n r e q u i r e m e n t s in S e c t i o n 1 9 . 2 8 . 0 8 0 a n d s h a l l m e e t t h e E i c h l e r d e s i g n g u i d e l i n e s . e. In t h e R 1 - ȱ £ ȱ ǰ ȱ ȱ ȱ ¢ ȱ ȱ ȱ ȱ ȱ ȱę ȱ ¢ ȱ ȱ ǯ f. In a d d i t i o n t o s t a n d a r d s o u t l i n e d i n s u b s e c t i o n s ( 1 ) – ( 9 ) a b o v e , d e ve l o p m e n t o n p r o p e r t i e s w i t h a n av e r a g e s l o p e g r e a t e r t h a n 1 0 % s h a l l c o m p l y w it h S e c t i o n 1 9 . 4 0 . 0 5 0 ( F ) , ( G ) , a n d ( I ) a n d S e c t i o n 19 . 4 0 . 0 6 0 ( E ) , ( H ) , ( I ) a n d ( J ) . g. Wi n d o w s a n d d o o r s s h a l l e i t h e r : i. Ha v e a m i n i m u m t h r e e - a n d - o n e h a l f i n c h i n w i d t h b y t h r e e - q u a r t e r i n c h i n d e p t h t r i m wh e n p r o t r u d i n g f r o m t h e w a l l o r ii . ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ¡ ȱ ę ȱ ȱ ȱ ǯ ȱ ȱ ǰ ȱ th e p r i m a r y s i d i n g m a t e r i a l s h a l l c o v e r t h e re c e s s e d e d g e f a c e s a n d w r a p t o w a r d t h e in t e r i o r f a c e o f t h e w i n d o w g l a z i n g o r d o o r b y n o t l e s s t h a n t w o - i n c h d e p t h . h. Al l g a r a g e d o o r s s h a l l b e r e c e s s e d a m i n i m u m o f si x ( 6 ) i n c h e s f r o m t h e s u r r o u n d i n g b u i l d i n g w a l l an d s h a l l i n c l u d e t r i m o f a t l e a s t o n e a n d a h a l f ( 1 . 5 ) i n c h e s i n d e p t h . i. Ro o f o v e r h a n g s o r b u i l d i n g e a v e s s h a l l b e a m i n i m u m o f 1 2 i n c h e s i n w i d t h . j. De t a c h e d s t r u c t u r e s o n a l o t m u s t u s e t h e s a m e a r c h i t e c t u r a l s t y l e a n d m a t e r i a l s . k. Wh e r e t h e g a r a g e f a c e s t h e s i d e y a r d , b u t i s v i s i b l e f r o m t h e s t r e e t , t h e g a r a g e s h a l l i n c o r p o r a t e a wi n d o w o n t h e s t r e e t f r o n t f a c a d e s o t h a t i t a p pe a r s t o b e a h a b i t a b l e p o r t i o n o f t h e h o u s e . T h e wi n d o w s t y l e m u s t b e t h e s a m e a s t h e w i n d o w s o n t h e h a b i t a b l e d w e l l i n g u n i t ( s ) . l. En c l o s e d l i v i n g a r e a s h a l l b e c l o s e r t o t h e s t r e e t t h a n g a r a g e s p a c e . G a r a g e s s h a l l b e s e t b a c k a s ę ȱ ȱ ȱ ǻ ř Ǽ ȱ ǯ m. ȱ ȱ ȱ ę ¢ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ǯ n. Th e m a x i m u m w i d t h o f a g a r a g e o n t h e f r o n t e l e v a t i o n s h a l l b e 2 4 f e e t f o r a t w o - c a r g a r a g e . o. Ga r a g e d o o r s f o r n o m o r e t h a n t w o c a r s p a c e s s h al l b e v i s i b l e f r o m t h e p u b l i c r i g h t o f w a y . p. Ou t d o o r l i g h t i n g s h a l l c o m p l y w i t h t h e r e q u i r e m e n t s o f C h a p t e r 1 9 . 1 0 2 . q. Th e e l e v a t i o n f a c i n g a s t r e e t s h a l l i n c o r p o r a t e a t l e a s t f o u r a r c h i t e c t u r a l f e a t u r e s , s u c h a s b a y ȱ ȱ ȱ ¢ ȱ ǰ ȱ Ȧ ȱ ȱ ȱ ȱ ǰ ȱ ȱ ȱ ȱ ȱ ȱ ě ǰ ȱ ǰ ȱ ǰ ȱ ǰ ȱ ȱ ȱ ȱ ę g e l e m e n t s ( e . g . , h i p a n d g a b l e r o o f s ) , d o r m e r s , ch a n g e i n a r c h i t e c t u r a l m a t e r i a l s , q u o i n s , a c c e n t t i le s , o r a n a c c e n t w i n d o w i n s e t g r e a t e r t h a n s i x ǯ ȱ ǰ ȱ ȱ ȱ ȱ ǰ ȱ ȱ ę ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ǯ Mo v e d o r r e m o v e d pe r S B 4 5 0 115 P a g e 4 4 o f 6 1 r. Ga b l e e n d s a n d d u t c h g a b l e e n d s t a l l e r t h a n t h i r ty i n c h e s s h a l l i n c l u d e a t l e a s t o n e e l e m e n t o f ar c h i t e c t u r a l i n t e r e s t s u c h a s : x ȱ ȱ ě ȱ ȱ ǰ ȱ ȱ ȱ ȱ ȱ ǲ x lo u v e r e d w o o d o r m e t a l v e n t s ; x ¢ ȱ ȱ Ĵ ȱ ȱ ǲ x ac c e n t t i l e d e c o r a t i o n ; x me d a l l i o n d e c o r a t i o n ; x me t a l g r i l l e ; x a c h a n g e i n a r c h i t e c t u r a l m a t e r i a l s ; x in c o r p o r a t i o n o f c o r b e l s ; x de c o r a t i v e g a b l e p e d i m e n t s ; x ¢ ȱ ȱ ȱ ȱ ¢ ȱ Ĵ ȱ ȱ ȱ ȱ x wi n d o w s / g l a z i n g . s. St o n e v e n e e r o r a c c e n t m a t e r i a l s u s e d a s a w a i n s c o t o n a s t r e e t f a c i n g f a ç a d e s h a l l b e w r a p p e d a r o u n d to t h e s i d e f a ç a d e a n d e n d a t a l o g i c a l t e r m i n u s , s u c h a s a f e n c e l i n e o r a c h i m n e y o r a t a n i n t e r i o r co r n e r . t. ȱ ȱ ȱ ¢ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ Ě ǯ 11 . A c c e s s o r y b u i l d i n g s / s t r u c t u r e : a. Al l o w e d p u r s u a n t t o t h e r e q u i r e m e n t s o f C h a p t e r 1 9 . 1 0 0 , ex c e p t t h a t A c c e s s o r y D w e l l i n g u n i t s o r J u n i o r ¢ ȱ ȱ ȱ ȱ ȱ ȱ Ĵ ȱ ȱ ¢ ȱ ȱ ȱ ȱ -1 z o n i n g d i s t r i c t i f a l o t s p l i t h a s be e n a p p r o v e d p u r s u a n t t o S e c t i o n 1 8 . 1 2 . 170 a n d o n e o r m o r e u n i t ( s ) h a sv e b e e n a p p r o v e d f o r co n s t r u c t i o n p u r s u a n t t o th i s Se c t i o n 19 . 2 8 . 1 5 0 o n e a c h r e s u l t i n g l o t . b. Li m i t e d t o o n e s t o r y ( n o t e x c e e d 1 5 f e e t ) . c. Ac c e s s o r y D w e l l i n g U n i t s s h a l l m e e t s u b s e c t i o n s (1 ) a n d ( 2 ) a b o v e a n d s h a l l a d d i t i o n a l l y b e i n co m p l i a n c e w i t h t h e r e g u l a t i o n s o f C h a p t e r 1 9 . 1 1 2 . d. Ai r c o n d i t i o n i n g u n i t s a n d s i m i l a r m e c h a n i c a l e q u i p m e n t s u c h a s g e n e r a t o r s , s u m p p u m p s , h e a t i n g , an d v e n t i l a t i o n e q u i p m e n t s h a l l b e g r o u n d - m o u n t e d a n d s c r e e n e d f r o m p u b l i c v i e w o r u n d e r g r o u n d an d s h a l l m e e t a c c e s s o r y s t r u c t u r e s e t b a c k s a n d a dh e r e t o t h e r e q u i r e m e n t s o f C h a p t e r 1 0 . 4 8 o f t h e Mu n i c i p a l C o d e . 12 . F e n c e s : Sh a l l c o m p l y w i t h t h e r e q u i r e m e n t s o f th e C h a p t e r 1 9 . 4 8 o f t h e M u n i c i p a l C o d e . 12 1 3 . R e f u s e , r e c y c l i n g , a n d o t h e r co n t a i n e r s a. Se e S e c t i o n 1 9 . 2 8 . 0 7 0 ( L ) a n d 1 9 . 2 8 . 0 9 0 ( M ) . A m i n i m u m 8 - f o o t b y 3 - f o o t s p a c e p e r u n i t , n o t v i s i b l e fr o m t h e s t r e e t , s h a l l b e p r o v i d e d i n a n i n t e r i o r y a r d b e h i n d a f e n c e . Mo v e d p e r S B 4 5 0 Mo v e d o r r e m o v e d pe r S B 4 5 0 116 P a g e 4 5 o f 6 1 b. Th i s a r e a s h a l l n o t b e c o n c u r r e n t w i t h a n y e m e r g e n c y a c c e s s p a t h w a y r e q u i r e d b y t h e F i r e De p a r t m e n t . 13 1 4 . P a r k i n g a. Un i t s s h a l l h a v e a t ȱ ȱ ě -s t r e e t p a r k i n g s p a c e , e x c e p t t h a t p a r k i n g r e q u i r e m e n t s s h a l l n o t b e im p o s e d i n e i t h e r o f t h e f o l l o w i n g i n s t a n c e s : i. Th e p a r c e l i s l o c a t e d w i t h i n o n e - h a l f m i l e w a l k i n g di s t a n c e o f e i t h e r a h i g h - q u a l i t y t r a n s i t c o r r i d o r , ȱ ę ȱ ȱ ȱ ȱ ȱ ȱ Ř ŗ ŗ ś ś ǻ Ǽ ȱ ǰ ȱ ȱ ȱ ȱ ȱ ȱ ǰ ȱ ȱ ę ȱ ȱ Pu b l i c R e s o u r c e s C o d e S e c t i o n 2 1 0 6 4 . 3 . ii . Th e r e i s a c a r s h a r e v e h i c l e l o c a t e d w i t h i n o n e b l o c k o f t h e p a r c e l . b. Ea c h p P ar k i n g s p a c e (s ) s h a l l b e p r o v i d e d i n a n e n c l o s e d g a r a g e e n c o m p a s s i n g a 10 ’ b y 2 0 ’ s p a c e f o r ea c h s p a c e , ȱ ǻ ǯ ǯ ǰ ȱ ¢ ȱ ǰ ȱ ǰ ȱ ǯ Ǽ ȱ ȱ ¡ ȱ ȱ ȱ ę ȱ Ě ȱ ȱ ȱ ¡ ȱ ȱ ȱ ę ȱ Ě ǯ c. Wh e n a d d i t i o n a l e n c l o s e d p a r k i n g s p ac e ( s ) i s / a r e p r o v i d e d , t h e s p a c e ( s ) s h a l l m e e t t h e r e q u i r e m e n t s o f Ch a p t e r 1 9 . 1 2 4 . 14 1 5 . D r i v e w a y a n d c u r b c u t s : a. A o n e c a r d r i v e w a y s h a l l b e a m i n i m u m o f 1 0 f e e t i n w i d t h a n d a m a x i m u m o f 1 2 f e e t i n w i d t h . b. A t w o - c a r d r i v e w a y s h a l l b e a m a x i m u m o f 2 0 f e e t i n w i d t h . A n y t h i r d o r m o r e d r i v e w a y s p a c e s s h a l l be i n t a n d e m . c. ȱ ȱ ȱ ȱ ȱ ȱ ¢ ȱ ȱ ȱ Ě ȱ ȱ ȱ ǯ d. Wh e n a t w o - ȱ ȱ ȱ ȱ Ĵ ǰ ȱ ȱ ¡ ȱ ŗ Ş Ȃ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ǯ e. Wh e n a o n e - ȱ ȱ ȱ ȱ Ĵ ǰ ȱ ȱ ¡ ȱ ŗ Ř Ȃ ȱ ȱ ȱ ȱ cu t s h a l l b e a l l o w e d . Su b j e c t t o t h e r e q u i r e m e n t s o f S e c t i o n s 1 9 . 2 8 . 0 7 0 ( G ) a n d 1 9 . 2 8 . 0 7 0 ( H ) . 15 1 6 . S h o r t T e r m R e n t a l s P r o h i b i t e d : No r e s i d e n t i a l u n i t c r e a t e d p u r s u a n t t o t h i s S e c t i o n m a y b e r e n t e d f o r a t e r m o f 3 0 d a y s o r l e s s . Mo v e d o r r e m o v e d pe r S B 4 5 0 117 Page 46 of 61 Chapter 19.36 56. Update Table 19.36.070 (C) (3) to make consistent use of the spelling of usable: Projects with up to four units ȱ ȱęȱȱȱ 3. Rear- ard 20 feet or 20% of the lot depth, whichever is greater. Main building may encroach as close as 10 feet to rear lot line if a useable rear-yard setback area of not less than twenty times the width of the lot is maintained. 20 feet or 20% of the lot depth, whichever is greater. 20 feet or 20% of the lot depth, whichever is greater. Main building may encroach as close as 10 feet to rear lot line if a useable rear-yard setback area of not less than twenty times the width of the lot is maintained. 20 feet or 20% of the lot depth, whichever is greater. Additional 10 feet for Ěȱȱȱȱ story higher than any adjacent primary residential structures. 57. Edit Table 19.36.070 (G) to use correct spelling of sight: G. Corner Triangle and Sidewalk Sighte Triangle Shall remain free and clear of all buildings or portions thereof Chapter 19.38 58. Edit Table 19.38.070 (F) to use correct spelling of sight: Chapter 19.40 59. Update Section 19.40.040 (A) to make requirement for information clearer: A. Site Plans that show topographical information at contour intervals not to exceed ten feet and a horizontal map scale of one inch = two hundred feet or larger and identify all areas with slopes of thirty percent or more. 60. Update Section 19.40.050 (B) (5), 19.40.050 (E) (1), 19.40.050 (F) (1) and (2), and 19.40.050 (I) through (K) to clarify objective language and update standards for residential hillside F. Corner Triangle and Sidewalk Sighte Triangle Shall remain free and clear of all buildings or portions thereof. Typo fix Typo fix Typo fix Clarification 118 Page 47 of 61 projects ȱĚȱȱȱȱ ȱȱȱŚśŖȱȱȱȱȱ standards reference: B. Minimum Lot Area 5. Lots created and/or developed pursuant to Government Code Section 64411.7 and 65852.21 a. Each resulting lot shall be at least 40% of the size of the original lot being split. b. Each resulting lot shall share one common driveway. If an existing driveway or curb cut exists, a new driveway or curb cut location shall not be approved. c. Up to two new property lines may be added to create a new lot and shall follow the contours of the property. d. If in an area where direct sanitary sewer connection is ǰȱȱȱȱȱ ȱȱȱęȱ ¢ǰȱȱȱȱȱȱȱȱęǰȱ ȱȱ last 10 years, must be provided. e. ȱȱȱȱęȱȱȱĚĴȱȱȱȱǰȱ closest to an existing driveway. Where no driveway exists, ȱȱȱȱęȱȱȱĚĴȱȱȱȱ lot, closest to the access road unless doing so would result in a combined grading total greater than that required for siting elsewhere on the lot. In those cases, building pads shall be sited so as to result in the minimum required grading to develop two units of up to 800 square feet each. f. b. No side or rear setbacks shall be required for an existing structure or for a structure constructed in the same location and to the same dimensions as an existing structure. g. No new or expanded structures shall encroach upon any existing public or private utility easements. E. Site Grading 1. Maximum Grading Quantity a. Cumulative total of 2,500 ȱ¢ǰȱȱȱęǯ Includes: grading for building pad, yard areas, driveway and all other areas requiring grading. Excludes: basements b. ȱȱȱęȱȱȱȱȱȱ ȱȱȱ and planted with landscaping which meets the requirements in Section 19.40.050 GF. c. For each of the lots developed or created pursuant to Government Code Sections 64411.7 and 65852.21, a cumulative ȱȱŗǰŘśŖȱȱ¢ǰȱȱȱęȱǻȱȱȱ Moved or removed per SB450 119 Page 48 of 61 building pad, yard areas, driveway, all other areas requiring grading, and basements), except if the original lot that was subdivided has already performed prior grading, then the amount of grading that has previously occurred shall be reduced from the maximum grading quantity allowed cumulatively on the two resulting lots. i. Unless required by the City Engineer or to meet Fire Code requirements, grading activity on lots with an average slope of: ǯȱȱȱęȱȱȱȱȱȱȱȱȱ grade elevation by more than 12 inches from existing natural grade. ǯȱ ȱęȱȱȱȱȱȱȱȱȱȱ in grade elevation by more than 24 inches from existing natural grade. C. Ten percent or more shall not result in a change in grade elevation by more than three feet from existing natural grade. c. In all cases, the following shall apply: i. Changes in grade elevation shall be limited to the minimum extent necessary to ensure adequate drainage and access as demonstrated by a grading and drainage plan prepared by a registered civil engineer. ii. Split level designs shall be used to avoid additional changes in grade elevation. iii. Unless otherwise required by the City Engineer, spoils shall be balanced on site and shall match the existing grading and drainage Ĵȱȱȱǯ iv. Unless required by the City Engineer, development shall not ȱȱȱęȱĚȱȱȱřŜȱȱȱęȱ grade. d. Shall be limited to the building pad area to the greatest extent possible. 2. Graded Area a. Shall be limited to within 50 feet of the building pad area, unless additional grading is required for emergency access, as determined by the Fire Department, or for utilities, as determined by the applicable service provider or the City Engineer to the greatest extent possible. b. For lots developed or created pursuant to Government Code Sections 64411.7 and 65852.21, graded areas are limited to within 50 feet of the building pad area. Moved or removed per SB450 Removed per SB450 Revised to make objective 120 Page 49 of 61 3. Common Driveways Grading quantities shall be divided equally among the participating lots. E.g., two lots sharing a driveway shall divide the driveway grading quantity in half. The divided share will be charged against the grading quantity allowed for that lot development. 4. Flat Yard Area a. Limited to a maximum of 2,500 square feet, excluding driveways. b. For a two-lot subdivision, lots developed or created pursuant to Government Code Section 64411.7, limited to a maximum of 1,250 square feet per lot, excluding driveways, except as further limited by subsection (I). 5. Soil Erosion and Screening of Cut and Fill Slopes Plan A licensed landscape architect shall review grading plans and shall, in consultation with the applicant and the City Engineer, submit a ȱȱȱȱȱȱȱȱȱȱęȱǯ F. Landscaping 1. Tree Planting Plan Shall be prepared by a licensed landscape architect to: a. Screen the residential structures to the greatest possible extent from the following prominent intersections. For projects pursuant to Government Code Section 65852.21, nNo more than 50% of the visible wall face surface area shall be visible from the following prominent intersections: i. Foothill Boulevard and Cristo Rey Drive ii. Foothill Boulevard and Alpine Way iii. Bellevue and Carmen Road iv. Linda Vista Drive and Hyannisport Ave v. Hyannisport Ave and Bubb Road vi. Rainbow Ave and Weymoth Drive. A visual simulation from each of the intersections above shall be provided to indicate compliance. 2. Landscape Requirements a. Reintroduce trees on barren slopes which were denuded by prior agricultural activities. b. Must comply with the Chapter 14.15, Landscaping Ordinance and Wildland Urban Interface Fire Area (WUIFA) requirements. c. At least 50% of the front yard area shall be landscaped (i.e., not hardscaped) I. Development on Slopes ȱǃȱřŖƖ a. Hillside Exception required for all grading, structures, and other development > 500 square feet, except that on lots developed or created pursuant to Government Code Sections 64411.7 and 65852.21, grading, building pads for structures Revised per SB450 Revised per SB450 Revised per SB450 121 Page 50 of 61 and other development is limited to a maximum of 500 square feet for each lot. b. If the lots developed or created pursuant to Government Code Sections 64411.7 and 65852.21 have no areas with slopes less than 30% that can accommodate up to two units of 800 square feet each, grading for building pads for structures is limited to 800 square feet. No other development shall be permitted on such lots (e.g., development for flat yard area), unless required by the City Engineer. J. Trail Linkages and Lots Adjoining Public Open Spaces Site Plan a. Site plan must identify trail linkages as shown in the General Plan Trail Plan, on and adjacent to the site. b. If a trail linkage is identified across a property being developed, development shall not take place within that area unless approved through the exception process, except that on lots developed or created pursuant to Government Code Sections 64411.7 and 65852.21, no development may occur in an area where a trail linkage is identified on the property. c. For lots adjoining Public Open Spaces, driveways and buildings shall be located as far as feasible from the Public Open Space and designed in a manner to minimize impacts on the Public Open Space, except that on lots developed or created pursuant to Government Code Sections 64411.7 and 65852.21, no development may occur within 50 feet of a Public Open Space unless doing so would preclude the development of up to two units of 800 square feet each. K. Views and Privacy It is not the responsibility of City Government to ensure the privacy protection of the building permit applicant or owners of surrounding properties that may be affected by the structure under construction. However, the Director of Community Development may confer with the building permit applicant to discuss alternate means of preventing privacy intrusion and preserving views except that for lots developed or created pursuant to Government Code Sections 64411.7 and 65852.21, privacy protection planting, as required pursuant to Section 19.28.120, is required for views from the second story into adjoining side or rear yards. Windows or other openings in the wall with a side yard setback less than 15 feet or a rear yard setback less than 25 feet shall have a minimum windowsill height of five feet one inch or shall have obscure glass and be inoperable with a fixed pane(s). Revised per SB450 Revised per SB450 122 Page 51 of 61 61. Update Table 19.40.060 (A) to address inadvertent changes to standards for lots less than 10,000 square feet in size and ȱĚȱȱȱȱ ȱȱȱŚśŖ: A. Floor Area Ratio (FAR) 1. Maximum Allowable Development a. Except as otherwise provided herein, a ministerially approved housing development project approved pursuant to this Section shall not exceed 800 square feet per unit. . Notwithstanding Paragraph (a), a ministerially approved housing ȱȱȱȱȱȱ¢ȱȱȱĚȱȱ as calculated in subsection (c) below, if it complies with the requirements of this Section; provided, however, that if the housing development is on a parcel created by a ministerial lot split under ȱŗŞǯŘŖǯŗŝŖǰȱȱ¡ȱ ȱĚȱȱȱȱȱ lot shall be allocated to each resulting lot equal to the proportionate size of each resulting lot to the original lot. However, under no circumstances shall the size of ministerially approved units exceed 2,000 square feet of living space. c. For projects not subject to ministerial approval under Paragraph (a) or (b), maximum allowable development shall be the lesser of: i. 6,500 square feet; or ii. For lots with a net lot area of less than 10,000 square feet, 45% of the net lot area times the slope adjustment factor pursuant to Section 19.40.060(A)(2)*; or *Formula = (0.45 x Net lot area) x (Slope adjustment factor) iii. For lots with a net lot area of greater than or equal to 10,000 square feet, 4,500 square feet plus 59.59 square feet for every 1,000 square feet over 10,000 square of net lot area, times the slope adjustment factor pursuant to Section 19.40.060(A)(2)** **Formula = (4,500 + ((Net Lot Area - 10000)/1000) (59.59)) x (Slope Adjustment Factor) 62. Update Table 19.40.060 (A) (2) (c) to clarify slope adjustment factor for slopes exceeding 30%: c. Average slope > 30% ȱĚȱȱȱȱȱ¢ȱȱȱřŖƖ Slope adjustment factor=(1- 0.3) = 0.7 >30%30.00% 63. Update Sections 19.40.060 (D), 19.40.060 (F) (1), 19.40.060 (H), and 19.40.060 (L) to clarify objective language and update standards for ministerial approval of up to two units to Ěȱȱȱȱ ȱȱȱŚśŖǱ D. Second and Third Story Decks and Patios Balconies Minimum Setbacks Reversion to previous standard Revised per SB450 Clarification Clarification 123 ȱ ȱ Pageȱ51ȱofȱ60ȱ ȱ 1.ȱFrontȱYardȱ Ȭȱ 17ȱfeetȱ 17ȱfeetȱ 2.ȱSideȱYardȱ Ȭȱ 15ȱfeetȱ 15ȱfeetȱ 3.ȱRearȱYardȱ Ȭȱ 20ȱfeetȱ 20ȱfeetȱ 4.ȱLotsȱ developedȱ pursuantȱtoȱ Governmentȱ CodeȱSectionȱ 65852.21ȱ Notȱallowed.ȱ F.ȱPermiĴedȱYardȱEncroachmentsȱ 1.ȱExtensionȱofȱaȱ LegalȱNonȬ conformingȱWallȱ Planeȱforȱ structuresȱnotȱ locatedȱwithinȱaȱ prominentȱ ridgelineȱsiteȱ lineȱ a. WhereȱaȱbuildingȱlegallyȱconstructedȱaccordingȱtoȱexistingȱęrstȱĚoorȱ yardȱandȱsetbackȱregulationsȱatȱtheȱtimeȱofȱconstructionȱencroachesȱuponȱ presentȱrequiredȱęrstȱĚoorȱsetbacks,ȱoneȱencroachingȱsideȱofȱtheȱexistingȱ structureȱmayȱbeȱextendedȱalongȱexistingȱbuildingȱlines.ȱ b. OnlyȱoneȱsuchȱextensionȱshallȱbeȱpermiĴedȱforȱtheȱlifeȱofȱtheȱbuilding.ȱ c. Encroachmentsȱintoȱaȱrequiredȱyardȱwhichȱareȱtheȱresultȱofȱtheȱgrantingȱ ofȱaȱvarianceȱmayȱnotȱbeȱfurtherȱextended.ȱ d. Furtherȱencroachmentȱintoȱaȱrequiredȱsetbackȱisȱnotȱallowed;ȱi.e.,ȱaȱnonȬ conformingȱsetbackȱmayȱnotȱbeȱfurtherȱreduced.ȱ e. InȱnoȱcaseȱshallȱanyȱwallȱplaneȱofȱaȱęrstȬstoryȱadditionȱbeȱplacedȱcloserȱ thanȱthreeȱfeetȱtoȱanyȱpropertyȱline.ȱ f. Shallȱnotȱapplyȱtoȱpropertiesȱdevelopedȱorȱcreatedȱpursuantȱtoȱ GovernmentȱCodeȱSectionȱ65852.21ȱandȱ64411.7.ȱ G.ȱAccessoryȱ Structuresȱ (includingȱ aĴachedȱpatioȱ covers)ȱ a. AsȱallowedȱbyȱChapterȱ19.100,ȱAccessoryȱBuildings/Structuresȱ b. LotsȱcreatedȱandȱdevelopedȱwithȱtwoȱunitsȱpursuantȱtoȱGovernmentȱ CodeȱSectionsȱ64411.7ȱandȱ65852.21ȱmayȱnotȱdevelopȱanȱAccessoryȱ DwellingȱUnitȱorȱJuniorȱAccessoryȱDwellingȱUnit.ȱ Airȱconditioningȱunitsȱandȱsimilarȱmechanicalȱequipmentȱsuchȱasȱgenerators,ȱ sumpȱpumps,ȱheating,ȱandȱventilationȱequipmentȱshallȱbeȱgroundȬmountedȱ andȱscreenedȱfromȱpublicȱviewȱorȱunderground,ȱandȱshallȱmeetȱaccessoryȱ structureȱsetbacksȱandȱadhereȱtoȱtheȱrequirementsȱofȱChapterȱ10.48ȱofȱtheȱ MunicipalȱCode.ȱ H.ȱDesignȱStandardsȱ 1.ȱBuildingȱandȱ RoofȱFormsȱ a.ȱNaturalȱContoursȱ Buildingȱshallȱfollowȱasȱcloselyȱasȱ possibleȱtheȱprimaryȱnaturalȱcontourȱofȱ theȱlot.ȱ b.ȱBuildingȱMassȱandȱRoofȱPitchesȱ Theȱmainȱbuildingȱmassȱshallȱbeȱonȱtheȱ upslopeȱsideȱofȱtheȱbuildingȱandȱtheȱroofȱ pitchesȱshallȱtrendȱdownslope.ȱ Revised per SB450 Revised per SB450 124 Page 53 of 61 c. Second Story Dormers Ĵȱ ȱȱȱ¢ȱ setbacks as long as they are minor in shape and size. d. Downhill Elevation of main structure ȱȱȱȱȱȱěȱ building and roof elements to provide varied building forms to produce ȱĴȱ ȱȱȱ impact of visual mass. e. High Wall Planes Wall planes exceeding one story or 20 feet in height, whichever is more restrictive, shall contain architectural elements in order to provide relief and to break up expansive wall planes. f. Roof Overhangs Roof overhangs or building eaves shall be a minimum of 12 inches in width 2. Colors a. Natural Earth Tones All structures on the lot shall use natural earth tone and/or vegetation colors which complement the natural surroundings. Natural earth-tone and vegetation colors include natural hues of rown, green and shades of gray. ǯȱĚ¢ȱ ȱȱ¡ȱŜŖȱȱȱĚȱ 3. Outdoor Lighting All outdoor lighting shall meet the requirements in Chapter 19.102. 4. Garages ȱȱȱȱȱĴǰȱ¡ȱ ministerially approved projects pursuant to Government Code Section 65852.21 ȱĴǰȱȱ ȱ standards: a. No more than 50% of the façade visible from the right of way shall comprise the garage. b. A two car garage face shall not exceed 24 feet in width and a one car garage face shall not exceed 12 feet in width. c. Garages visible from the right of way shall be setback a minimum of two feet from the livable areas of the home except if only the garage and/or the entrance to the home, and no other livable portions of the home, are accessible from the street level. d. Third car spaces shall be provided in tandem or shall be provided in a detached accessory structure. e. All garage doors shall be recessed a minimum of six (6) inches from the surrounding building wall and shall include trim of at least one and a half (1.5) inches in depth. Moved, per SB450. Now applies to all projects. Revised per SB450 Moved, per SB450. Now applies to all projects. 125 Page 54 of 61 f. Where the garage door faces the side yard, but the garage itself is visible from the street, the garage shall incorporate a window on the street front facade so that it appears to be a habitable portion of the house. The window style must be the same as the windows on the habitable dwelling unit(s). g. Garage doors for no more than two car spaces shall be visible from the public right of way. 5. Entry Features ȱȱȱȱȱĴǰȱ¡ȱȱministerially approved projects pursuant to Government Code Section 65852.21 ȱĴǰȱȱ ȱ standards: a. ¢ȱȱ¢ȱȱȱȱĴȱȱȱȱ¢ȱȱ entry feature shall be visible from the public street. b. ¡ȱȱȱȱȱȱȱȱěȱbuilding frontages. c. Entry features shall be limited to 14 feet in height from the natural grade to the top of wall plate. 6. Uncovered/ exterior staircases Not allowed. 7. Basements Allowed, subject to the requirements outlined in Section 19.28.070 (I). 8. Detached Structures Detached structures on a lot must use the same architectural style and materials. 9. Architectural Features The elevation facing a street shall incorporate at least four architectural features, such as bay windows or an entry feature, and/or elements of ȱǰȱȱȱ ȱȱȱěǰȱǰȱǰȱ ǰȱȱȱȱęȱȱǻǯǯȱȱȱȱ), dormers, change in architectural materials, quoins, accent tiles, or an accent window inset greater than six inches. Windowsills, door or window trim, ȱęȱȱȱȱȱȱȱȱȱǯ 10. Gable and Dutch Gable Ends Gable ends and Dutch gable ends taller than thirty inches shall include at least one element of architectural interest such as: x ȱ ȱěȱ ȱǰȱbrackets or change in materials; x louvered wood or metal vents; x ¢ȱȱĴȱȱǲ x accent tile decoration; x medallion decoration; x metal grille; x a change in architectural materials; x incorporations of corbels; x decorative gable pediments; Moved, per SB450. Now applies to all projects. Revised per SB450 Clarification Moved, per SB450. Now applies to all projects. Revised per SB450 126 Page 55 of 61 x ¢ ȱȱȱȱ¢ȱĴȱȱȱȱ x windows/glazing. 11. Accent Materials a. Stone veneer or accent materials used as a wainscot on a street facing façade shall be wrapped around to the side façade and end at a logical terminus, such as a fence line or a chimney. b. Stone veneer or any other siding material wrapped on columns shall ȱȱȱĚȱȱǰȱȱǯ 12. Private Open Space ȱȱȱȱȱȱŗśƖȱȱȱȱĚȱȱȱȱȱ ȱȱȱęȱĚǰȱ ȱȱȱȱȱŗŖȱǯ 13. Refuse, recycling, and other containers a. A minimum of an 8 foot by 3 foot space per unit, not visible from the street, shall be provided in an interior yard, behind a fence. b. This area shall not be concurrent with any emergency access pathway required by the Fire Department. ǯȱě-street Improvements For lots developed pursuant to Government Code Section 65852.21, uUpon development of any newly subdivided the lot, appropriate public right of way dedications shall be made to accommodate the predominant width of the street and street improvements shall be installed to the Public Works Departments standards. 64. Update Section 19.40.090 to clarify objective language and update standards for ministerial ȱȱȱȱ ȱȱȱĚȱȱȱȱ ȱȱȱŚśŖǱ Objective Zoning and Design Standards for Ministerially Approved Housing Development Projects. In addition to any applicable objective zoning standards, objective subdivision standards, and objective design review standards in the Municipal Code, a housing development project approved pursuant to this Section must comply with all applicable objective zoning and design standards to the maximum extent permissible under Government Code Section 65852.21, including but not limited to the standards for ministerial development projects in Section 19.40.050 and 19.40.060 and the following: 1. Basements Not aAllowed, subject to the requirements outlined in Section 19.28.070 (I). 2. Balconies, decks, or other similar structures Not aAllowed, subject to the setback requirements outlined in Section 19.40.060 (D). 3. Design Standards a. See Section 19.40.060. a. Windows and Doors shall either: i. Have a minimum three-and-one half inch in width by three-quarter inch in depth trim when protruding from the wall or Moved, per SB450. Now applies to all projects. Revised per SB450 Revised per SB450 127 Page 56 of 61 ii. Be inset a minimum of three inches from the exterior ęȱȱȱǯȱȱǰȱȱ¢ȱȱ material shall cover the recessed edge faces and wrap toward the interior face of the window glazing or door by not less than two-inch depth. b. All garage doors shall be recessed a minimum of six (6) inches from the surrounding building wall and shall include trim of at least one and a half (1.5) inches in depth. c. Roof overhangs or building eaves shall be a minimum of 12 inches in width. d. Detached structures on a lot must use the same architectural style and materials. e. Where the garage faces the side yard, but is visible from the street, the garage shall incorporate a window on the street front facade so that it appears to be a habitable portion of the house. The window style must be the same as the windows on the habitable dwelling unit(s). f. Garage doors for no more than two car spaces shall be visible from the public right of way. g. The elevation facing a street shall incorporate at least four architectural features, such as bay windows or an entry feature, and/or elements of architectural interest, such as wall ȱȱěǰȱǰȱǰȱǰȱȱȱȱ ęg elements (e.g. hip and gable roofs), dormers, change in architectural materials, quoins, accent tiles, or an accent window inset greater than six inches. Windowsills, door or ȱǰȱȱęȱȱȱȱȱȱȱȱȱ features. h. Gable ends and dutch gable ends taller than thirty inches shall include at least one element of architectural interest such as: o ȱ ȱěȱ ȱǰȱȱȱȱȱǲ o louvered wood or metal vents; o ¢ȱȱĴȱȱǲ o accent tile decoration; o medallion decoration; o metal grille; o a change in architectural materials; o incorporations of corbels; o decorative gable pediments; o eyebrow trellises or ȱ¢ȱĴȱȱȱ building or o windows/glazing. Moved, per SB450. See section above 128 Page 57 of 61 i. Stone veneer or accent materials used as a wainscot on a street facing façade shall be wrapped around to the side façade and end at a logical terminus, such as a fence line or a chimney. j. Stone veneer or any other siding material wrapped on ȱȱȱȱȱĚǯ 4. Private Open Space ȱȱȱȱȱȱŗśƖȱȱȱȱĚȱȱȱ ȱȱȱȱȱęȱĚǰȱ ȱȱȱȱȱ 10 feet. 5. Refuse, recycling, and other containers a. A minimum 8 foot by 3 foot space per unit, not visible from the street, shall be provided in an interior yard behind a fence. b. This area shall not concurrent with any emergency access pathway required by the Fire Department. 4. Setbacks . See Section 19.40.060. . Detached structures: Detached structures located on the same ȱȱȱȱȱȱęȱȱȱȱ ȱȱ eaves of the two structures. 56. Parking a. Units shall have at least one ě-street parking space, except that parking requirements shall not be imposed in either of the following instances: i. The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as ęȱȱȱȱȱȱŘŗŗśśǻǼȱǰȱ ȱȱȱȱȱǰȱȱęȱȱȱȱ Code Section 21064.3. ii. There is a car-share vehicle located within one block of the parcel. b. Parking space(s) shall be provided in an enclosed garage encompassing 10’ by 20’ space for each space, unobstructed (i.e., by walls, appliances, etc.) between six inches from the ęȱĚȱȱȱ¡ȱȱ the ęȱĚǯ c. When additional enclosed parking space(s) is/are provided, the space(s) shall meet the requirements of Chapter 19.124. Chapter 19.44 65. Update Section 19.44.020 (A) to correct reference: ǯȱȱȱȱȱǰȱȱ ȱȱęȱȱȱ ȱȱ 19.44.0980, must be met with respect to all real properties intended to be developed as, or Moved, per SB450. See section above Revised per SB450 Updated reference 129 Page 58 of 61 converted to, a single-family residential cluster development as described in this chapter, including the conversion of existing apartment houses to condominiums. Chapter 19.46 66. Edit Table 19.46.070 (G) to use correct spelling of sight: Chapter 19.60 67. Update Section 19.60.050 to correct references: A. Land Use Criteria. Unless otherwise provided by a conditional use permit, the following regulations shall apply to all users governed by this chapter. 3. The activity must be conducted entirely within a building or enclosed patio or atrium except for: b. Vehicular parking including the parking of business related vehicles that comply ȱȱǰȱě-street parking, and noise regulations; c. Outdoor seating for restaurants in accordance with the requirements of Section 19.60.0430. d. ȱȱȱȱ¢ȱĴȱǲ e. The display of merchandise in front of stores must be displayed under a roof overhang or canopy and must be displayed in an organized, neat, and safe fashion, in accordance with the requirements of Section 19.60.0430. Chapter 19.100 68. Update Section 19.100.030 (B) (1) (b) to clarify the applicability of the Ĵȱ¢ȱ structure setbacks: ǯȱĴȱ¢ȱ buildings/structures Must meet all site development regulations, including setbacks, height and lot coverage regulations applicable to principal dwellings in the applicable zone, unless a separate setback standard is provided in subsection (d) through (g) below. 69. Update Section 19.100.030 (D) (2) (b) to make consistent use of the spelling of usable: G. Corner Triangle and Sidewalk Sighte Triangle Shall remain free and clear of all buildings or portions thereof. b. Maximum lot coverage 30% of the useable rear yard area Typo fix Typo fix Clarification Reference updates 130 Page 59 of 61 70. Add Section 19.100.030 (B) (2) (l) ȱȱȱȱ¢ȱȱȱĚȱ changes to State law made through SB450: l. Architectural style Detached structures on a lot must use the same architectural style and materials as the primary residence. Chapter 19.102 71. Edit Section 19.102.020 (D) to clarify applicability of standards: D. New or replacement glass windows, doors, or features Section 19.102.030(A), (B), and (D), apply only to the new exterior glass windows, doors, or features Chapter 19.104 72. Update Section 19.104.100 (L) to correct an internal reference: L. Window Signs. Window signs subject to the limitations in Sections 19.104.150 and 19.104.2980. One "OPEN" sign not exceeding two square feet and of any material may be placed in a window without penalty towards window coverage limitations; 73. Update Section 19.104.140 to clarify standards: Commercial & Industrial • One sign per business with exterior frontage • One additional for: - Businesses with no ground sign and adjacent to more than one street or shopping center driveway.; or - Sign directed to interior of project and not visible from any public right- of- • 1 s.f. per linerar ft of store frontage on which sign is located. • 70% of store frontage maximum • Length = total combined length of each row of sign copy • Minimum area = 20 s.f. 200 s.f. • No more than one wall sign per frontage • Shall not project above the roof or top of parapet, unless it is an integral part of the face of an architectural projection. • No projecting wall sign shall extend into a public right-of-way more than twelve inches. Any projecting sign shall have a vertical ȱȱȱȱęȱ feet above a private or public vehicular roadway, alley, driveway, or parking area, and at least eight feet above a sidewalk, pedestrian mall, or landscaped area. CDD Meets Design Criteria in Section 19.104.220 Revised per SB450 Clarification Reference update Clarification 131 Page 60 of 61 way.; or - Single tenant building pad with more than 5,000 s.f. Ĝȱǭȱ Institutional • One sign per business with exterior frontage • One additional for: - Businesses with no ground sign and adjacent to more than one street or major shopping center driveway.; or - Sign directed to interior of project and not visible from any public right- of- way. • 1 s.f. per linear ft. of business frontage on which sign is located. • 70% of business frontage maximum • Length = total combined length of each row of copy 40 s.f.Same as above CDD Same as above 74. Update Section 19.104.150 (C) to correct an internal reference: 14.24.050 C. Logos, Symbols, or Insignia All except residential districts Same as Sec. 14.24.050 19.104.140 9 s.f. Same as Sec. 19.104.140 •Illuminated - CDD •Not illuminated - exempt Shall meet Design Review Criteria in Sec. 19.104.220 and restrictions in Sec. 19.104.190 75. Edit Table 19.104.160 to use correct spelling of sight: Clarification Reference update 132 Page 61 of 61 Use/ Zoning Number Size Allowed Area & Length Location Maximum Height Review Authority Review Criteria • Double faced signs: Area of larger face of sign = Total Sign Area • No portion of any sign over three feet in height shall be located within a corner triangle or sidewalk sighte triangle. Chapter 19.124 76. Update reference in Section 19.124.030 (I) to parking exception approval authority: I. Tandem, Valet, and Other Special Parking Arrangements Tandem, Valet, and other special forms of parking may be approved per Section 19.124.0650C. 77. Revise language in Section 19.124.040 to clarify intent and applicability of standard. N. Landscape Requirements Applicable to all new centers and centers with a twenty-ęȱȱȱ greater increase or decrease ȱĚȱȱor a twenty-ęȱȱȱ ȱȱȱĚȱȱresulting from a use permit or architectural and site approval within twelve months shall be required to meet the following minimum landscape requirements. However, the Planning Commission and/or City Council may recommend additional landscaping. Chapter 19.132 78.ȱȱŗşǯŗřŘǯŖśŖȱȱȱȱȱȱȱęǱ Ĵȱęȱȱȱȱȱȱȱ¢ȱȱȱȱȱ this chapter shall be made by the Planning Commission in accordance with Chapter 19.156 and shall be based on substantial evidence in light of the entire administrative record. Typo fix Reference update Reference update Clarification 133 CITY OF CUPERTINO Agenda Item 25-14274 Agenda Date: 9/9/2025 Agenda #: 3. Subject:An update on the development of the Active Transportation Plan, including a summary of Phase 1 activities and an overview of what to expect during Phase 2. Receive an update on the development of the Active Transportation Plan and provide feedback on the draft project prioritization criteria CITY OF CUPERTINO Printed on 9/4/2025Page 1 of 1 powered by Legistar™134 PLANNING COMMISSION STAFF REPORT Meeting: September 9, 2025 Subject An update on the development of the Active Transportation Plan, including a summary of Phase 1 activities and an overview of what to expect during Phase 2. Recommended Action Receive an update on the development of the Active Transportation Plan and provide feedback on the draft project prioritization criteria Discussion With substantial progress already made on the implementation of recommended projects from the 2016 Bicycle Transportation Plan and the 2018 Pedestrian Transportation Plan, a new, comprehensive Active Transportation Plan (ATP) was necessary to build on those improvements and address evolving community needs. Staff also recognized the importance of creating a unified, citywide plan to align bicycle and pedestrian initiatives while accounting for the needs of motorized vehicles. This coordinated approach ensures consistency across policies and projects, avoiding duplication, aligning initiatives, and addressing overlapping concerns. On April 4, 2023, the City Council approved the FY 23/24 City Work Program (CWP), which identified the ATP as an item “to be considered” for inclusion in the following year’s work program. The City Council approved the FY 24/25 CWP on April 3, 2024, with the ATP included as an approved project. City staff then identified Transportation Development Act Article 3 (TDA3) funds as an external funding source to support the development of the Plan. With funding secured, staff advertised a Request for Proposals for consultant services to assist in developing the Plan. On December 3, 2024, the City Council authorized the City Manager to award a contract to Alta Planning + Design, Inc., for development of the Active Transportation Plan. Phase 1 of the Plan occurred between March and June 2025. It included policy review, community outreach and input, and analysis to develop data-driven project recommendations. 135 The first step of Phase 1 was developing a Plan Review Memo to ensure the ATP is consistent with and supports local and regional policies, including Cupertino plans like the General Plan’s Mobility Element and Vision Zero Action Plan, the Countywide Active Transportation Plan, and other relevant documents. Building on that policy context, the project team then conducted a Needs Assessment, supported by an Existing Conditions Review. These documents examined the City’s transportation network in detail, identifying where walkers and bikers feel stressed or disconnected. Analyses such as Active Trip Potential and Level of Traffic Stress were applied to estimate how many short driving trips could realistically shift to walking or biking. Together, these data-driven methods established a clear picture of where gaps are greatest and where investments could have a significant community impact. In parallel with the analysis work, staff reached out to the community to learn what destinations they want to travel to and what barriers prevent them from walking or biking. Between March and June 2025, the City held 12 outreach events, engaged with more than 1,300 residents and gathered close to 3,000 individual comments. Residents expressed consistent concerns about safety on the Vision Zero High-Injury Network, the need for improved connectivity between neighborhoods and schools, the need to consider the potential project impacts to drivers, and the importance of designing facilities that are for people of all ages and abilities. Feedback from the community helped validate the technical analysis, and together these two sources informed project recommendations. All the outreach performed in Phase 1 is summarized in the Public Participation Memo, which is available on the City’s webpage at www.cupertino.gov/atp. Phase 1 also resulted in a Vision, Goals, and Objectives Memo. This document captured the shared vision that Cupertino should be a community where walking, biking, and rolling are easy, safe, and comfortable for everyone. The ATP’s vision, goals, and objectives were developed by consolidating similar and overlapping statements from existing Cupertino plans and then refined using the input gathered during Phase 1 outreach to also reflect today's community needs and concerns. The community ranked these goals in order of importance, as shown below: 1. Safety: Consistent with the Vision Zero Action Plan, pursue an active transportation network that reduces the number of serious and fatal crashes involving pedestrians, bicyclists, and other active transportation users to zero. Enact measures to anticipate human error and minimize the impact of traffic crashes for all roadway users. 2. Accessibility: Provide a well-connected multimodal transportation network that offers comfortable and convenient walking and biking options to key destinations for all residents and visitors in the City. 136 3. Maintenance: Active transportation needs should be considered and integrated in all City roadway maintenance activities. 4. Sustainability: Advance environmental quality and economic prosperity for the City by providing inviting active transportation facilities that encourage frequent usage and improve adoption of all non-vehicle modes of travel, resulting in a reduction in Vehicle Miles Traveled (VMT) and Greenhouse Gas Emissions (GHGs). 5. Multimodal Balance: Consider multimodal priorities and impacts of all projects to improve sustainable transportation options throughout the City. Limit impacts to all other modes whenever possible, including transit and personal vehicles. 6. Fairness: Provide a multimodal transportation system that is equally distributed across all neighborhoods in Cupertino. In alignment with the Plan goals, draft project prioritization criteria were developed to assist in ranking the projects identified in the Plan. This ranking will occur following Phase 2 public outreach once the public has evaluated and commented on the recommended projects. The criteria were selected to align with community goals and VTA Measure B funding requirements. These criteria are being presented to the Commissions and Council for review and public comment. The draft project prioritization criteria include the following metrics to rank recommended projects:  Collision History  Stress Level  School Proximity  High Frequency Transit Proximity  Parks & Other Destination Proximity  Active Trip Potential  Roadway Impact  Public Input As Cupertino transitions into Phase 2 of the project, public engagement will continue throughout this stage, with opportunities for residents to review and comment on the draft project recommendations. The outcome will be a comprehensive, actionable Active Transportation Plan that the City Council can consider for adoption by spring 2026. All Phase 1 deliverables and Phase 2 outreach information can be found on the City’s project webpage. Sustainability Impact The Cupertino ATP will have positive sustainability impacts because the Plan will develop infrastructure improvement recommendations that increase safety and accessibility for all non-motorized roadway users. Additionally, the ATP will include mode shift strategies to promote walking and bicycling to reduce personal automobile 137 dependency, which will reduce local greenhouse gas emissions and improve air quality. Overall, the ATP will help create a healthier, more sustainable community. California Environmental Quality Act (CEQA) The project is not subject to CEQA. Fiscal Impact The project is fully funded through the City's TDA3 direct allocation. _____________________________________ Prepared by: Matthew Schroeder, Senior Transportation Planner Reviewed by: David Stillman, Transportation Manager Approved for Submission by: Chad Mosely, Director of Public Works Attachments: 1 – Draft Prioritization Criteria 138 MEMORANDUM To: David Stillman, Transportation Manager, City of Cupertino Matthew Schroeder, Senior Transportation Planner, City of Cupertino From: Christopher Kidd and George Foster, Alta Planning + Design Date: August 5, 2025 Re: Cupertino ATP: Draft Project Prioritization Criteria Introduction Proposed improvements will prioritize the development of a complete active transportation network that improves fair outcomes, safety, access, and comfort for people of all ages and abilities. Criteria for prioritization have been aligned with the Goals of the Active Transportation Plan: -Safety -Access -Sustainability -Multimodal Balance -Fairness City of Cupertino | 1 139 City of Cupertino | 2 MEMORANDUM Table 1: Bicycle Network Project Prioritization Matrix Goal Criteria Metric (Source) Scoring Max Score Goal Max Score Collision History Roadway segment is near a corridor identified in the City of corridor 0 pts if not 20 Safety 5 pts: BLTS 3 Stress Level Max score from bicycle level of stress analysis 10 Access School Proximity School located nearby schools 10 25 High Frequency Transit Proximity Presence of major transit stops along the roadway major transit stops (VTA) 0 pts if not. 5 Parks & Other Destination Proximity Presence of parks, the library, and shopping centers along the roadway a park or other destination 0 pts if not. 10 Sustainability Active Trip Potential Roadway has high bicycle trip potential or high e-bike trip potential 0 pts: <50% share of short trips 5 10 Fills network facility gap within a segment 5 Balance Roadway Impact Potential need for lane reduction or parking removal based upon aerial imagery lane reduction is needed to implement project -0 pts if parking or lane reduction is not needed to -10 -10 Fairness Public Input Roadway was positively identified during public outreach process comments/likes 10 pts if roadway has net +5 comments/likes 0 pts if roadway has less than 20 20 140 City of Cupertino | 3 Table 2: Pedestrian Intersection Project Prioritization Matrix Goal Criteria Metric (Source) Scoring Max Score Goal Max Score Collision History Roadway segment is near a corridor identified in the City of Cupertino Vision Zero Action Plan (2024) High Injury Network (HIN) 20 pts if within ¼-mile of a HIN corridor 0 pts if not 20 Safety 30 10 pts: PLTS 4 5 pts: PLTS 3 0 pts: PLTS 2 or 1 Stress Level Max score from pedestrian level of stress analysis 10 Access School Proximity School located nearby 10 pts if within ¼-mile of schools 0 pts if not 10 30 High Frequency Transit Proximity Presence of major transit stops along the roadway 10 pts for 0.5 mile proximity to major transit stops (VTA) 0 pts if not. 10 Parks & Other Destination Proximity Presence of parks, the library, and shopping centers along the roadway 10 pts for 0.5 mile proximity to a park or other destination 0 pts if not. 10 Sustainability Active Trip Potential Roadway has high active pedestrian trip potential 5 pts: 50% share of short trips 0 pts: <50% share of short trips 5 10 Fills facility gap within a segment 5 pts if gap filled on one, or both sides of segment 0 pts if no gap filled 5 Fairness Public Input Roadway was identified during public outreach process 20 pts if roadway has net +10 comments/likes 10 pts if roadway has net +5 comments/likes 0 pts if roadway has less than net +5 comments/likes 20 20 MEMORANDUM 141 City of Cupertino | 4 Table 3: Pedestrian Sidewalk Projects Prioritization Matrix Goal Criteria Metric (Source) Scoring Max Score Goal Max Score Collision History Roadway segment is near a corridor identified in the City of Cupertino Vision Zero Action Plan (2024) High Injury Network (HIN) 20 pts if within ¼-mile of a HIN corridor 0 pts if not 20 Safety 30 10 pts: PLTS 4 5 pts: PLTS 3 0 pts: PLTS 2 or 1 Stress Level Max score from pedestrian level of stress analysis 10 Access School Proximity School located nearby 10 pts if within ¼-mile of schools 0 pts if not 10 30 High Frequency Transit Proximity Presence of major transit stops along the roadway 10 pts for 1-mile proximity to major transit stops (VTA) 0 pts if not. 10 Parks & Other Destination Proximity Presence of parks, the library, and shopping centers along the roadway 10 pts for 1-mile proximity to a park or other destination 0 pts if not. 10 Sustainability Active Trip Potential Roadway has high active trip potential 5 pts: 50% share of short trips 0 pts: <50% share of short trips 5 10 Fills facility gap within a segment 5 pts if gap filled on one, or both sides of segment 0 pts if no gap filled 5 Fairness Public Input Roadway was identified during public outreach process 20 pts if roadway was identified by 10 residents 10 pts if roadway was identified by 5 residents 0 pts if roadway was identified by 4 or less residents 20 20 MEMORANDUM 142