CC 10-07-2025 Item No. 16 MCA-2024-004 Municipal Code Updates_PresentationCC 10-07-2025
Item No. 16
MCA-2024-004 Municipal Code Updates
Presentation
Cupertino City Council
October 7, 2025
MCA -2024-004
Municipal Code Updates
State Law Overview (SB 9)
Development Criteria:
-In Single Family zoning
-Cannot demolish affordable or rental housing
-Not in sensitive areas identified under SB 35
-Not a historic landmark or in historic district
-No short-term rentals permitted
State Law Overview (SB 9)
Additional Urban Lot Split Criteria:
•Must reside on one lot for at least three years
•Resulting lots must be 1,200 square feet min.
•Resulting lot area must be 40% of original lot
•Can only be used once
•Cannot be used by same owner across
neighboring lots
•Lot limited to residential uses
State Law Overview (SB 9)
Development Allowances:
•Unit Size - 800 square feet
•Setback – 4 feet
•No setback if built within existing structure footprint
•One parking space per unit
Urban Lot Split Allowances:
•No off-site improvements required
•Non-conforming zoning conditions can remain
Senate Bill (SB) 450
Effective January 1, 2025, applied to SB 9 projects:
●Requires a decision within 60 days, or project is
automatically approved
●Subdivision standards must be related to parcel
design or improvements
●SB9 standards cannot be stricter than those for
other developments in the same zone
Overview
●Consistency with Senate Bill 450
●New and moved standards
●Objective language
●Minor corrections or edits
●Typos and references
●Improved readability
●Potential to streamline City review
Planning Commission Summary
●September 9th - Unanimously recommended
Council adopt the ordinance with the
following modification:
●Removal of any modifications not related
to State law, typos, and minor readability
improvements
●Modifications based on recommendation
have been incorporated into the proposed
ordinance.
Analysis – Chapters 18.20 and 18.52
Chapter 18.20 (Parcel Maps)
New section added for two-lot subdivision with
Objective Subdivision Standards carried over from SB9:
●Lot configuration standards
●Driveway standards
●Building pad siting requirements
●Grading limitations
Chapter 18.52 (Hillside Subdivisions)
Reference to new section added
Analysis – Chapters 19.28 and 19.40
Single-Family (R1) and Residential Hillside (RHS)
Modification to development and design standards to
make objective and reflect SB9 standards
Removal of SB9 development standards:
●2,000 square foot size limitation
●Basement and balcony restriction
●50% second to first story ratio
●Smaller first story building envelope
●Maximum grade elevation change
●Architectural design requirements
Analysis – Chapter 19.28 (Single Family)
Modification to single-family design standards to make
objective and reflect previous SB9 standards (SB450):
●Garage design and location
●AC unit screening recommendation
●Entry feature requirement
●Private open space requirement
●Outdoor stair limitation
●Architectural style and feature requirements
Analysis – Chapter 19.28 (Single Family)
Addition of SB9 development standards (SB450):
●Grading limitations
●Design requirements for lots with >10% slope
●Curb cut and driveway limitations
●Easement recording and covenant requirements
●Maximum floor area on lots with >30% slope
●Second story building envelope
●Refuse, recycling, and container storage
Analysis – Chapter 19.40 (RHS)
Modification to RHS design standards to make
objective and reflect previous SB9 standards (SB450):
●Visible wall face limitation
●Garage design and location
●Entry feature requirement
●Private open space requirement
●Architectural style and feature requirements
●Refuse, recycling, and container storage
Analysis
Chapter 19.08 (Definitions)
New definitions:
●Front Entry Porch
●Porch
Minor edits made to:
●Bay Window
●Lot
●Usable Rear Yard
Minor Corrections
Chapters 19.16, 19.36, 19.38, 19.44, 19.46, 19.60, 19.100
19.102, 19.104, 19.124, 19.134
These chapters contained minor edits limited to the
correction of spelling, phrasing, or references
Recommended Actions
Conduct first reading to adopt the ordinance to:
a.Modify Chapters 14.15, 14.18, 18.20, 18.52,
19.08, 19.12, 19.16, 19.28, 19.36, 19.38, 19.40,
19.44, 19.46, 19.60, 19.100, 19.102, 19.104,
19.124, and 19.132 of the Municipal Code;
and
b.Find the actions exempt from CEQA.