CC Ordinance No. 22-2246 to adopt standards for ministerial approval of duplexes and lot splits in Single-Family Residential zoning districtsORDINANCE N0. 22-2246
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO ADDING OR AMENDING CUPERTINO MUNICIPAL
CODE SECTIONS 18.20.170, 19.08.030, 19.12.030, 19.12.110,19.28.040,
19.28.050,19.28.110,19.28.150, 19.28.170,19.40.050, 19.40.060,19.40.090,
AND 19.112.060 TO ADOPT ST ANDARDS FOR MINISTERIAL
APPROV AL OF DUPLEXES AND LOT SP[ITS IN SINGLE-FAMILY
RESIDENCE DISTRICTS
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
MCA-2022-001
City of Cupertino
Single-Family Residential Districts Citywide
SECTION II: RECIT ALS
WHEREAS, on September 16, 2021, Govemor Newsom signed into law Senate Bill 9 ("SB
9"), an act to amend Section 66452.6 of, and to add Sections 65852.21 and 66411.7 to, the
Governrnent Code, relating to land use; and
WHEREAS, SB 9 requires a proposed housing development containing no more than two
residential units within a single-family residential zone to be considered ministerially,
without discretionary review or hearing, if the proposed housing development meets
certain requirements; and
WHEREAS, SB 9 hirther requires a local agency to ministerially approve a parcel map for
a lot split of a parcel in a single-family residential zone that meets certain requirements;
and
WHEREAS, SB 9 authorizes local jurisdictions to apply objective zoning standards,
objective subdivision standards, and objective design standards, subject to certain
limitations in statute, and provides that these standards may be embodied in alternative
objective land use specifications adopted by a local agency; and
WHEREAS, the City Council wishes to adopt objective standards for the approval of
housing development projects and parcel maps that are protective of the health, safety,
peace, morals, and general welfare of Cupertino residents and consistent with the
requirements of State law; and
Ordinance No. 22-2246
Page 2
WHEREAS, the implementation of SB 9 without standards for the rninisteriaI approval
of development projects and lot splits would create a current and immediate threat to the
public health, safety, or welfare, and therefore the City Coin"icil wishes to adopt an
interim ordinance that will allow for the orderIy and effective implementation of SB 9.
SECTION III
NOW, THEREFORE, BE IT ORDAINED:
That after careful consideration of facts, exhibits, testimony, and other evidence submitted
in this matter, the City Council hereby adopts the Ordinance based on the findings
described below, the public hearing, and the record, as follows:
Section 1. The recitals set forth above are true and correct and are hereby
incorporated herein by this reference as if fully set forth in their entirety.
Section 2. The City Council finds the following as set forth by Municipal Code
Sections 19.152.020C and 19.152.030D:
1. That the proposed zoning is in accord with Title 19 of the Mu"iicipal Code and
the City's Comprehensive General Plan (Community Vision 2040) and the
proposed amendments are internally consistent with Title 19 of the Municipal
Code.
Theproposedamendmentshavebeert adoptedin accordzoith the requirementsof Title
19 and are proposed to implement SB 9 in a mamer that is consistent with the
requirementsof the City's GeneralP4anand irtternally consistent with Title 19.
2. The proposed zoning is in compliance with the provisions of the California
Environmental Quality Act (CEQA).
urtder Governmertt Code Sections 66411.7(n) artd 65852.21(j), an ordinance adopted
to implemerxtthe requirementsof SB 9 shall not beconsidereda project under CEQA.
Theproposedordirta;nceis thereforeexemptfrom CEQA.
3. The site is physically suitable (including, but not limited to, access, provision
of utilities, compatibility with adjoining land uses, and absence of physical
constraints) for the requested zoning designation(s) and anticipated land use
development(s).
The proposedordinance amendmentsare not being applied to arty speciftcsite, nor is
it reasonablyforeseeablewhich specific sites may elect to utilize the proposed
ordinance amertdments.
4. The proposed zoning will promote orderly development of the City.
Ordinance No. 22-2246
Page 3
The proposed ordinance is interxded to promote the orderly implementation of
development permitted under SB 9.
5. 'That the proposed zoning is not detrimental to the health, safety, peace,
morals and general welfare of persons residing or working in the
neighborhood of subject parcels.
Theproposedordinanceamerxdmentsare not bei;ngapplied to any specificsite, ??07" is
it reasorxablyforeseeablezohich specific sites may dect to utilize the proposed
ordina;nceamendments. The proposedordinance wiu regulate the developmentof
projects in sirtgle-fami7yresidential districts authorized under SB 9 to protect the
health, safeh), peace, moralsartdgerteralwelfareof personsresiding in thosedistricts.
Section 3. The City Council hereby approves the following amendments to the
Cupertino Municipal Code:
1. Add a new Section 18.20.170 of the Cupertino Minicipal Code to read as
follows:
18.20.170 Ministerial Approval of Urban Lot Splits.
The rofCommuni shall v
a arcel licationforan anlot litifitmeetsthe ents
of Government Code Section 66411.7 and conforms to all applicable
obiective requirements of the Subdivision Map Act (commencing with
vernm 66410 . N ' a
Notice shall be provided to adjacent property owners (including those
across any public or private street) fourteen days prior to any action on
the a a n a r of mm a
Develo ment shall be final.
B. The r of Communi Develo
with
shall
created t to this
n with e on
66411.7, including but not limited to the objective subdivision standards
in Paragraph G.
N P h the r of Comm
Development may deny an urban lot split proposed pursuant to this
Ordinance No. 22-2246
Page 4
Section, if the Building Official makes a written finding, based upon a
nderance of the evid that an h ' develo ent 'ect
proposed in connection with the lot split would have a specific, adverse
impact, as defined and determined in Government Code Section
65589.5 2 n ac and the h a en ' nm
and for which there is no le to mi o or
id '
D In on con ons
rof mm
conditions en co ad
ce wi this
oe
for an urban lot s lit ursuant to this Section:
1. Easements required for the provision of public services and
facilities.
2. A req.uirement that the parcels have access to, provide access to, or
adioin the public right-of-way.
E. Any lot created pursuant to this Section shall be limited to residential
uses.
F. An li for urban lot lit shall vide to the
satisfaction of the Director of Community Development, that the
n a inthe
the submission of an a lication.
G. An applicant for an urban lot split pursuant to this Section shall sign
an affidavit stating that the applicant intends to occupy a housing unit on
neof I ad r minim three
years from the date of the approval of the urban lot split; provided,
a P is
Or 18 a
in Rev
ed no
e n tan
In onto li
for
n n
as described in
this Title or the Subdivision Map Act and the req.uirements of
Government Code Section 66411.7, a lot split approved purs'uant to this
Ordinance No. 22-2246
Page 5
Section must, to the maximum extent permissible under Government
Code aon 66411.7 com with the o 'ective standards a a
but not limited to ob.iective standards for urban lot splits set forth in
Sections 19.28.060 and 19.40.050.
I. This Section shall remain in effect until such time as Government
Code Section 66411.7 is ed or su or its a ents for
oflot li er
or un le f
com atwhi ethis on shall m null d
void.
2. Amend or add the following definitions in Section 19.08.030 of the
Municipal Code to read as follows:
window" means a
a n of the floor area and
window element that is not an
not inco rate an le a for
tin r h r ose .
Additio all, a ba, or roaectin window shall:
Be a ro'ection of windows not walls
c. Be a um of -four inches from the finished floor
d. Not a a n fl
e. Not occupy more than 50% of an exterior wall face.
These limitations do not windows which have
towards floor area and meet required setbacks.
Buildable Area" means the lot area in which structures
not including required yard or access areas.
I
Duplex" means a adential devel on a lot under one
ownership, containing not more than two kitchens, designed and used as
two attached or detached primary dwelling units, of comparable size,
independent of each other and havin no internal connection.
Flat Yard Area" means a yard area graded to a slope of 5% or less, used
for active or passive private recreation, not including a driveway.
Ordinance No. 22-2246
Page 6
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 stairwells;
3. Base of elevator shafts;
4. Services and mechanicaI 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 AI Rl and RHS zonin
with lightwells that do not conform to Section
19.28.070(I);
Residential basements in the Rl and RHS zo districtso7.
ro'ects ursuant to Government Code section 65852.21
8. Residential garages;
9. Roofed arcades, plazas, walkways, porches, breezeways,
porticos, courts, and similar features substantially enclosed by
exterior walls;
10. Sheds and accessory structures.
Floor area: shall not include the following:
1. Residential Bbasements in the Rl and RHS zonin districts with
lightwells that conform to Section 19.28.070(I);
2. J 42ightwells;
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,
enerall trian ular in sha e.
Living space" means, for the purposes of Chapter 19.112, Section
19.40.090 and Section 19.28.150, the same as that set forth for "living
area" in California Government Code Section 65852.2(j)(4). All attic and
Ordinance No. 22-2246
Page 7
basement square footage proposed as part of an Accessory Dwelling Unit
shall be limited by the maximum size allowed per Chapter 19.112.
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 ' I narrow ' n f the
lothaving access to a strcct by means of a private driveway or parcel
of land not otherwise meeting the requirement of this title for lot
width, that consists entirel of and rovides the sole means of
vehicular 'on the dabl f l d
abuttin 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 .lotline 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.
Lot depth" means the horizontal distance measured, removing all
existing and future dedications, from the midpoint of the front lot line to
the midpoint of the rear lot line, or to the most distant point on any other
lot line where there is no clear rear lot line.
Private O en S ace " for the ur oses of Section 19.28.150 and
19.40.090, means an atea, excluding the tequired ftont setback, between
d th line occu a '
recreation facilities e. . deck atto la round e lit ment orch
a is l two
covered by a roof, patio cover, or canopy.
Street Frontage," for purposes of Chapter 19.28, means the length of the
curb (or if a curb is absent, the length of the portion of the street paved
Ordinance No. 22-2246
Page 8
with tor r utom e c el
and closest to a ro er 's front lot line.
Substantially enclosed" means an area that is covered by a roof or
ceilin tha is not more han 50oo o en to the sk e ements and is
ded solid barriers that are at least six inches tall on three r
more Ii aersdo includ a no er
than 42 inches, decorative arches, or trellises. Railings and trellises shall
have a visual trans arenc of more than 50oo.
3. Amend Section 19.12.030 Approval Authority, subsection R-1 0rdinance
Permits to add the following:
Type of Permit %Ci!_i
or Decision A- B !%$Commission Co___uncil
lte tion
5 Committee
Comment
5 j
Miscellaneous
uinisterial F d Yes and
Q
4. Amend Section 19.12.030 Approval Authority, subsection Extensions to
add the folIowing:
Type of Permit l!
4 !_%
or Decision A- B
m
Commission ICo_-B_
ite non
Lommittee
I Comment
5 j.
Miscellaneous
Ministerial Not allowed
5. Amend Section 19.12.110 F of the Cupertino Minicipal Code to read as
follows:
Ordinance No. 22-2246
Page 9
F. Posted Site Notice:
1. Applicants shall install notice(s) on the subject site that
is/are clearly visible and legible from the right-of-way
in accotdance with the requirementsof Table
19.12.030.
a. Applicants must install a site notice iri the front
yard of the subject site.
b. For all applications other than Two Story Permits,
Residential Design
Review, ' us P and
Tree Removal applications in Rl or R2 zones, if the
subject site has more than one property line
abutting a street, the applicant may be required to
install more than one notice.
2. The notice shall be a weatherproof sign, firmly
attached to 5-foot-tall posts and:
a. For Two Story Permits, Residential Design
Review, eo ' a P and
Tree Removal applications in Rl or R2 zones, shall
be at least 2 feet tall and 3 feet wide.
b. For an other applications that need a site notice,
shall be at least 4 feet tall and 6 feet wide.
3. The notice shall be placed at least 14 days prior to the
decision/public hearing and shall remain in place until
an action has been taken on the application and the
appeal period7 has passed.
4. The notice shall contain the following:
a. The exact address of the property, if known, or the
location of the property, if the address is not
known;
b. A brief description of the proposed project, the
content of which shall be at the sole discretion of
the City;
c. City contact information for public inquiries;
d, A deadline for the submission of public comments;
e. If proposing a physical alteration to an existing
building or new buildings, at least one of the
Ordinance No. 22-2246
Page 10
following visual representations of the proposed
project:
i. A color perspective drawing or three-
dimensionaI (3-D) photographic simulation of
the proposed project, in a size deemed
appropriate by the Director of Community
Development.
ii. For Two Story Permits, Residential Design
Review Permit and Miscellaneous Ministerial
Permit applications, a color or black and white
perspective drawing or three-dimensional (3-D)
photographic simulation of the proposed
project, at least 11 inches by 17 inches in size.
iii. Visual Representation is not required for
applications that do not have a material change
in the physical appearance of the property.
6. Amend Section 19.12.110 of the Cupertino Municipal Code to add a new
subsection G as follows:
eous P For n ceof
Miscellaneous Ministerial P a shall be mailed in accord with
subsection 19.12.110A(41 and posted on the property, fourteen calendar
days prior to the date of action on the application.
7. Amend Section 19.12.170 of the Cupertino Municipal Code to read as
fonows:
F. An appeal may be filed by any person, firm or corporation aggrieved
or affected by any grant, denial, modification or revocation of any permit,
or any determination or interpretation related to any provision of this
title. o f a Miscellaneous Ministerial Permit shall be allowed.
8. Amend Section 19.28.040 of the Cupertino Municipal Code to read as
fonows:
Ordinance No. 22-2246
Page 11
Planning permit required prior
to building permit application
Approval
authority
Type of Project
A.None One-story, sin le-famil proiect that does
Admin.
not require exception or variance from the
requirements of this ordinance
B. Minor Residential Permit,
pursuant to Chapter 19.12,
Administration
1. One-story encroachment into a
required rear yard setback, subject to
requirements of Section 19.28.070
2. One-story extension of an existing side
yard nonconforming building wall
line, subject to requirements of Section
19.28.100 in all districts except Rl-a
3. One-story project with a gable end of a
roof enclosing an attic space projecting
oritside the building envelope, subject
to requirements of Section 19.28.070 or
19.28.080
4. New or expanded second story deck or
balcony with views into neighboring
residential side or rear yards in all
districts except Rl-a or on any proiect
reviousl develo ed ursuant to
Government Code Section 65852.21
5. Any active or passive solar structure
that requires variation from the setback
or height restrictions of this chapter,
provided that provided that no su*
structure shall infringe upon solar
easements or adjoining property
owners
6. One or two-story addition or new
home on a sloped single-family
residential lot with development on
building pads/graded areas with actual
slopes eqrial to or greater than 20% and
with total floor area ratio of all
structures on the lot greater than 35%
Ordinance No. 22-2246
Page 12
Planning permit required prior
to building permit application
Approval
authority
Type of Project
C. Director's Minor
Modification, pursuant to
Chapter 19.12, Administration
Encroachment of por* elements into the
required front yard setback in the Rl-a
zone, subject to the requirements of Section
19.28.100.
D.Two-Story Permit, pursuant to
Chapter 19..12, Administration
Two-story additionornew two-storyhome
in all districts that do not require
Residential Design Review per Section
19.28.040 (!_) except in an Rl-a zone.
E. Residential Design Review,
pursuant to Chapter 19.12,
Administration
Admin.
with
design
review
Two-story addition or new two-story home
in all districts except Rl-a where:
1. Second floor to first floor area ratio is
greater than 66%, except any second to
first floor ratio for development on
building pads/graded areas with actual
slopes equal to or greater than 20%;
and/or
2. V\7here second story side yard
setback(s) are less than 15 feet to any
interior side property line
DRC
with
design
review
Two-story addition, new two-story home,
and/or second story deck in the Rl-a zone
F. Exception, pursuant to
Chapter 19.12, Administration
Section 19.28.130,
Exceptions
DRC
One or two-story project requesting an
exception from Sections 19.28.070
Development Regulations (Building)],
19.28.080 [Eichler Rl-e Building Design
Requirements', and/or 19.28.110
Landscape Requirements'.
G.Hillside Exception, pursuant
to Chapter 19.12,
Administration PC
Development (area greater than 500 square
feet) on slopes greater than 30%
H.Architectural and Site
Approval, pursuant to
One or two-story addition or new home on
a sloped single-family residential lot with
development on building pads/gt'aded
Ordinance No. 22-2246
Page 13
Planning permit required prior
to building permit application
Approval
authority
Type of Project
Chapters 19.12,
Administration
areas with achial slopes equal to or greater '
than 20% and where the ait plus fill of the
site exceeds 2,500 cubic yards
I. Conditional Use Permit,
pursuant to Chapters 19.12,
Administration
Two-story addition ornew two-story home
in an Rl zoning district with an "i" suffix
T. Miscellaneous Ministerial Admin 1. New one or two-story duplex proiect
Permit i an Rl zonin district u suant to
Government Code Section 65852.21
2. New one or two-storv sinele-familv
home, secondarv mincipal dwelline
unit, or two-storv addition in an Rl
zonin district ursu nt to
Government Code S_ec_tio_n65__852_,21
9. Amend Section 19.28.060 of the Cupertino Municipal Code to read as
fonows:
Rl-5 Rl-6, 7.5, 8, 10, 20,
etc., and Rl-6e
j Rl-a
I
A. Minimum
net lot area I
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 rovisions of Government Code
Section 64411.7 each of the resultin lots shall have a lot area
of at least 40% of the orieinal lot beim subdivided, with no
lots less than 1,200 square feet.
B. Minimum lot
width (at the
4'iann+ cp+h*rk
i, 50 feet =ii. 60 feet ,iii. 75 feet
iv. For lots created ursuant to the rovisions of Government
1:.,1 Code Section 64411.7:
1 A A 1%. /
a. No more than two new non-curved ro er lines ma
be added to create a n w lot_.
Ordinance No. 22-2246
Page 14
Rl-5 Rl-6, 7.5, 8, 10, 20,
etc., and Rl-6e
Rl-a
b. Existin interior lots or ie ha ed lots with either i 60
feet to 75 feet of or more street fronta e or ii more than
7r_e______etfron_ta e and a lot de th of u to 145 fe t
shall resu t in lots with : res Itin lots shall have a street
fronta e hat is between at least 40-60oo of the lot
widthexistine street frontaee of the lot beine
subdivided. Resultin lots shall have a side-b -si e
orientation and shall not create a landlocked arcel.
c. Existin interior lots or ie sha ed lots with more than
75 feet of street frontage and a lot depth of more than 145
feet ma e subdivided in one of the followin wa s:
i. Resultin lots shall have a street fronta e that is at
least 40% of the existiru= street frontaee of the lot
beine subdivided. Lots shall have a side-bv-side
orientation and shall not create a landlocked arcel' ot
ii. One of the resul in lots shall be a fla lot with acce s
to the street. The'builda Ie area f the fla Iot shalI
s an the entir distance betw en the two si e
ro e lines that intersect with the front ro e
line of the lot beine subdivided.
d. _Ex__i_t_erior lots or ie ha ed lots with l ss than 60
feet of street fronta e shall result in one fla lot with
access to the street. The buildable area of the fla I t
shall s an the entire distance between the two si e
ro e lines that intersect with the front ro e line
of the lot bein subdivided.
e. Existing f]ag lot subdivision shall result in lots in the
same orientation as the existim, lot (i.e., the existing front
lot line must be the front lot Iine of the future Jots and
the existine rear lot line shall be the rear lot line of the
fu__tur_e_!ois_) and that are b tween 40-60oo of th lot width
of the lot bein subdivided.
f. Corner lots shall be subdivided in a manner that s lits
the existin street side ro e line to create at least one
f out lot line on that fronta e.
Ordinance No. 22-2246
Page 15
Rl-5 Rl-6, 7.5, 8, 10, 20,
etc., and Rl-6e
Rl-a
C. Landscaping i. See Chapter 14.15, Landscape
Ordinance.
ii. At least 50oo of the front ard of
iii. Landscaping plans are
required for all additions
or new homes. The
an roaect a roved urs ant to purpose of the
Cha ter 19.28.150 shall be occu ied landscaping is to beautify
by non-hardscape landscaping.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 50oo of the
front vard of anv moiect
a roved urs ant t_o
Cha ter 19.28.1 0 shall
be occtmied bv non-
hatdscaoe landscapine.
D. 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 (H).
iii_ For roaects ro osed ursuant t Government Code
Sections 64411.7 and/or 65852.21, total site eradine shall be
limited to 2 500 cubic ards for the entire site as calculated
rior to subdivision.
iv. For roaects ro osed ursuant to Governme t Code
Section 64411.7 an or 65852.21 flat ard area created b
radin areas that are slo ed more_t_ha_n_lO'/o s!ia__ll be
limited to 2,500 sauare feet, not includine the drivewav, as
calculated rior to an subdivisi n.
Ordinance No. 22-2246
Page 16
Rl-5 Rl-6, 7.5, 8, 10, 20,
etc., and Rl-6e
Rl-a
2. Fences See Chapter 19.48, Fence Ordinance
E. Develo'oment
im rovements or
g
l.On actual
slopes >_ 30o/o
i, Limited to 500 square feet.
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 Exc_eptioermitted on lots develo ed ursuant
to Section 19.28.150.
2. For ro'ects i. Unless required by the City Engineer or to meet Fire Code
re uirements radin activi on l ts with an avera e slo e of:
ursuant to
Ja'_rivyztiri owl a. L ss than five ercent shall not result in a chan e in rade
JT13 V C 111111(ALL
rtsAa Qar*:tsnc elevation b more than 12 inches from existin natural
tlJllC uCLLllllli:l
64411.7 an or g
JJ,Q €') ')1 b. Between five and ten ercent shall not result in a chan e
4
in rade elevation b more than 24 inches tr m existin
natural rade.
c. :__en nercent or more shall n t result in a chan e in rade
elevation b more than thr e feet from existin natural
gB3%
ii. In all cases, the followim shall antilv:
a. Chame in erade elevation shall be limited to the
minimum extent necessa to ensure ade uate draina e
and access as demonstrated b a radin and draina e
ala_re red b a re istered civil en ineer.
b. S lit level desi ns shall be used to avoid additional
chan e in rade elevation.
c. Unless otherwise reauired bv the Citv Engineer, spoils
shall be balanced on site and shall match the existin
Hradin and draina e attern of the site.
Ordinance No. 22-2246
Page 17
Rl-5 Rl-6, 7.5, 8, 10, 20,
etc., and Rl-6e
Rl-a
d. Unless r,' uired b t e Cit En ineer develo ment shall
not result in a finished floor more than 36 inches above
finished erade.
F. On-site All ro erties shall rovi e a 4.5-foot-wide athwa a 4.5-
immovements footwide _lantim. stri'o, curb and _u_tte_r, curb cut, AC
pavement, and underground utilities at the street as follows:
i. Detached athwa when a ro e on either side of the
sub'ect ro e has a detached athwa o
ii. Monolithic pathway when a property on either side of
the subiect tiro'oertv has a monolithic nathwav
iii. When ro erties on either side of the sub'ect ro ert
do not have a athwa a athwa that matches the re-
dominant attern of athwa s on the street as
determined bv the Citv Engineer, shall be movided,
unless the suboec ro ert has a "semi-rural"
desienation adopted bv Citv Council resolution.
iv. The Citv Eneineer shall ado'ot anv obiective standard
necessa to im lement the re uirements of this
G. Drivewavs 1. For interior lots_w_iih a street fronta e of 35 fe_e_t_or_le_s_s, no
for -more than a one-car wide drivewa curb cut hall be
develo ments ermitted. A distance of at least 22 feet shall be rovided
oursuant to between two o_n_e-car wide curb cuts els_e_,_a_s_hared
Government drivewa curb cut no more than a two-car curb cut ma be
Code Section
64411.7 or 2. Unless subiect to subsection (31 below, for interior or pie-
65852.21 shaped lots with a street frontaee of more than 35 feet: a
maximum two car drivewa curb cut is ermitted rovided
a distance of at least 22 feet is movided between existine
and ro osed drivewa flares else the drivewa curb cut
shall be limited to 'a one-car drivewa curb cut.
3. When an Urban Lot S lit results in a fla lot the two
resulting lots shall share vehicular access off of the access
area f the resultin fla lot unle s one of the lots is a new
interior lot with a minimum street fronta e of 50 feet. The
Ordinance No. 22-2246
Page 18
Rl-5 Rl-6, 7.5, 8, 10, 20,
etc., and Rl-6e
Rl-a
access area shall be a minimum of 20 feet and a maximum
o_f_25 fee_t__in width,_comori_s_inmu_ml6-foot______drive
aisl and a minimum 2-foot-wide landsca in lanter on
either side._A maxi_mum tw_o _cardrivew_u_rb_cutis
ermitted at the ri ht of wa . No other curb cuts shall be
4
4. Wh re a shared drivewa not throu h a fla lot is
d
i. o additional cur cuts shall be ermitted.
ii. 50oo of t e width f the shared drivewa curb cut shall
be on eac ro e .
iii. A maximum two car curb cut shall be ermitted.
5. Where shared drivewav access through a flag lot is reauired
and w_ould _movide access to new develo ment the
drivewa access for front lot sh II be loc ted in the rear 50oo
of the ro er .
6. On lots where an existin resi ence is retained on the site
of n urban lot s lit or develo ment ursuant to
Government Code Se tion 65852.21 an existin curb cut of
tt_otmor_e_t__han 18feetin_w_idthm_i
exclusive access to the existin residence.
7. A maximum 18' wide car curb cut is allowed when a two-car
curb cut is ermitted.
8. A maximum 12' wide curb cu is allowed when a one-car
curb cut is ermitted.
9. Wh n shared access is ro osed a covenant ne essa for
a ro riate in ress a d e ress asements shall be recorded
prior to final p3rcel map recordation.
10. 10. A maintenance a reement shall be recorded to ensure
shared maintenance of anv shared access easements,
stormwater treatment, landsca'oirte and mivate utilities,
rior to final arcel m re or ation.
H. Eas ments 1. Utili easements shall be re orded rior to final arcel
and Co_v_enants ma'o recordation.
reauired for
Ordinance No. 22-2246
Page 19
Rl-5 Rl-6, 7.5, 8, 10, 20,
etc., and Rl-6e
Rl-a
subdivisions 2. A covena;it necessar for ma.ntenance of stormwater
mns__uan_t to tteatment facilities shallbere_corded miot to final man
Government recordation.
Code Section
64411.7
Notes:
to screen cut and fin slopes.
A tree planting plan shall be prepared for the site which will screen grading areas, and
residential struchires, to the greatest possible extent, as well as to reintroduce trees on
barren slopes which were denuded by prior agriculhiral activities.
Landscape improvements shall meet the requirements as established in the Landscape
Ordinance, Chapter 14.15.
Landscape improvements shall be installed prior to final occupancy unless such
installation is impracticable, in which 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.
10. Add a new Section 19.28.150 of the Cupertino Municipal Code to read as
fonows:
19.28.150 Ministerial A roval of to Two Ututs.
A, Issuance of Miscellaneous Ministerial Permit. The Director of
Community Development shall ministerially approve up to two
n in R-I e-
Ordiiiance No. 22-2246
Page 20
R-I zoned Planned Development Zoning District if the proposed
h ' devel ent meets the a ents of Gov ent Code
6585 an m li a li l o
standards, obiective subdivision standards, and obiective design review
standards.
B. Th Director of uni Devel ent shall a all ob'ective
stan on
stan in aci C an li I
s ecific Jan and other ob'ective land se s ecifications that do not
confli with the ents of Government Code Section 6585
including but not limited to the obiective zoning and design standards
in Paragraph E.
the Director of ommuni
Develo mentma den ahousin develo ent aect ro
en fin
nderance of the adence that the ro d housin
and determined in Government Code Section 65589.5(di(2), upon public
health and saf or the h sical environment and for whi there is no
or avoid the adverse
D. A li n d F An li on n a fo l
the Ci, shall be com leted b the a licant. The for shall be
accom 'ed a fee that Council lution to
sufficiently recover the cost of administering the requirements of this
ao The a ' n shall accom
ro osed ro'ect.
E. Obiective Zoning and Design Standards for Ministerially Approved
H " ' the R-I ' a In ad ' a n to
li le o aective zo stan o 'ective a " on stan
do in " a
d ent ed m m I
with licable o aective and desi standards to the
maximum extent permissible under Government Code Section 65852.21,
Ordinance No. 22-2246
Page 21
develo ment ro ects:
1. Development a. Exce t as otherwise rovided herein units
Standards shall not exceed 800 s uare feet er unit and
Gov. Code, e shall com'olv with Paraera'oh B, above.
a____b. The floor rea of the lar er unit in a du lex
develo m nt ro osed ursuant o this
Se_ction shallbeno_m_ ore than 200 s u_are feet
ereater than the smaller unit of the du'olex
develo ment.
c. Notwithstandin sub ara ra h a
develo merit ursuant to this Secti n ma
have a maximum Floor Area Ratio of u to
45oo of th net lot area and a maximum Lot
Covera e of 45oo of the net lot area lus an
additional 5'/o for roof overhanes, natios,
n_o_r_ches, and other___ similar featur_es_ not
Substantiall Enclosed if it com lies with
the reauirements of Paraeraph B and
subnaraeraphs 2 through 16 of this
Para ra ha rovided however that a
housin develo ment roaect on a lot havin
a slo e 30oo or reater shall not exceed the
floor area allowed under Cha ter 19.40.
However under no circumstances shall the
size of an ministeriall a roved unit
exceed 2 000 s uare feet of livin s ace.
d. If the site has been occu ied b a tenant in
the last three ears no more than 25oo of the
exterior walls of an existine unit shall be
demolished.
e. If no dedication was re uired for cre tion of
the lot th roaect shall include a dedic tion
to accommodate the redominant ublic
ri ht of wa as determined b the Ci
En ineer buttin the corres ondin lot line
and frontage immovements, includine curb,
Ordinance No. 22-2246
Page 22
gutter a'nd sidewalk shall be installed by the
2. Second to a. The ratio of the second sto to first sto
First Floor Lloor area shall not exceed 50oo exce t that:
atio:i. In all Rl zoning districts except the Rl-a
d
1. The ratio of the second story to first
stom floor area mav exceed 50'/o, tm to
a maximum of 66%, if a combined
first-sto side setback of 15 feet with
no f'rst- st side setback le s than
five eet second- sto side s tback
of at least 15 feet e ch a rear setback of
20 feet on the first sto and a rear
setback of 25 feet on the second storv
are rovided.
ii. In the Rl-a zonin district:
1. The maximum ratio of the second
sto to first stor floor area is 40oo
but no la er than 500 s uare feet
exce t wh re allowed below"
2. A second floor may exceed 500 square
feet but shall not in an case exceed
I 100 s uare feet if first-sto side
setbacks of at least 10 feet each , a
co bined second-sto side setbac
of 35 feet with no second sto side
setback le s than 15 feet and a rear
setback of 20 fe t for the first sto '
and 4_(L_feet for the sec _n'_ate
4
b. Interior areas measured from the finished
floor to th to of the roof rafters with
hei hts reater than 16 feet shall be double
counted as floor ar a as follows:
i. For one sto homes the floo are shall be
double c unted as first floor area.
Ordinance No. 22-2246
Page 23
ii. Fortwo storv homes, the floor area shall be
counted once each for first and second
floor area.
3. Setbacks:a. Minimum first-sto front setback is 20 feet
unless otherwise re uired in a tract _ma'o or
zonin ma exce t that:
i. In the Rl-a zonin districl_the_ re_auired
minimum setback is 30 feet.
ii. Gar__ages with u to wo arkin s aces
shall be set back two additional feet
from the face of the livin area of the
unit, not including a front entry feature
6
iii. Third car ara e s aces:
1. On lots when the earaee is visible
from the street: 'oarkine shall be
rovided in tandem or in a detached
ac esso stnucture at the rearofthe
2. On fla lots or on side-oriented
ara es located at the rear of the
rinci al unit: a third arkin s ace
ma be on the same wall lane as the
other two arki'n s aces.
b. Minimum second-storv front setback is 25
feet except that:
i. In the Rl-a zonin district the re uired
minimum setback is 30 feet.
c. Minimum first- and second-storv side and
rear setbacks shall be four feet eacha
rovided however that:
i. No setbacks shall be reauired for an
existin structure or for a structure
constnucted in the same location and to
the s me dimensions as an existin
Ordinance No. 22-2246
Page 24
ii. No new _or exnanded st.r_uctu_res____shall
encroach tmon anv existing public or
private utility easements.
iii. N setback shall be re uired from
shared ne side lo line be een the
tw_o ne___wlo_d ursuant to an
Urban Lot S lit under Government
Code Section 66411.7 when:
1. More than one new rima
dwelli unit is a roved
concurrentl with an Urban Lot
d
2. Units with a zero-foot s tback are
develo ed concurrentl o and
3. All other side ard setb cks are a
minimum of fi e feet on the first
sto nd 10 feet on the secon
4. The entiretv of wall faces alone the
shared property line are
structurall attacheda and
5. Structures alone the new shared
ro e line ar no more than zero
feet or less than four feet.
iv. The re uired buildin envelo e shall
not a'o'olv to the portions of structures
with a zero-foot setback.
d. Corner Trian Ie: No o ion of a structure
shallbe located within a corner trian le
mo_vided th_aLin no case shall a side ar
setback of more han four feet be re uired.
e. Detached mimar'yresidential stnuctures:
Detached structures located on the same lot
shall have a setb ck of five feet as measure
b_etween the eaves of the two struc ures,
4. Maximum a. Princi al Dwellin units are lim'ted to 28
feet in hei ht and no more than two stories
exha_j_:
Ordinance No. 22-2246
Page 25
i. In R-I Zonin Districts with "i" suffix
buildin s shall be limited to one starot
to exceed 18 feet .
b. First-sto buildin envelo e: All the
maximum exterior wall hei ht and buildin
hei ht on sin le-sto structures and sin le-
sto secti ns of two-sto structures ust fit
into the buildin envelo e defined b :
i. A 9-foot-hi h vertical line from natural
rade measured at th ro er lineo and
ii. A 25-de ree roof line an le roaected
inward at the 9-foot-high line referenced
Notwithstandin the first-sto buildin
envelo e a able end of a roof enclosin an
unfinishe attic s ace ma have a m imum
wall hei ht of 13 feet to the eak of he roof
as measured from natural rade.
c. Second-st buildin envelo e: All the
maximum exterior wall hei ht and buildin
heieht on two-storv sections of two-storv
structures must fit into the buildin
envelo e defined b :
i. A 15-foot-hi h vertical line from natural
rade easured at th ro er linea and
ii. A 25-de ree roof line an le roaected
inward at the 15-foot-hi h line referenced
above.
d. Notwithstanding subsections (b) and (c)
above ortions of the tnuct res de elo ed
utilizin the rovisions of subsection 3 c
a ove do not have to meet the first sto or
second sto b ildin envelo e
re uirements_.
5. Basements:Not allowed.
Ordinance No. 22-2246
Page 26
6. Landscapine a. Landscatii_ne:r_o_posedlan_dsca_p_ine___shall
and Privacv rn_ee_tthe_r_e_auirements of Chame_r__l4.l5_ofthe
Protection:Munici'oal Code
i. Front Yard Tree Re uired: A 24-inch box
Califor_nianativetree_thatt icall rows
to amatu_morethan30______feetis
r uired for all two-sto homes and
must be laced in the center 50oo of the
front yard.
ii. n exis in m ture tree in he front ard
that is or can icall row to a hei ht of
30 feet of more and is locate in th center
50oo of the front ard can be used as th
front ard tree sub'e t to a ISA certified
arborist certif in that the tree is in ood
health.
iii. covenant shall be recorded to i enti
the front ard ree as a Protected Tree and
notifx __currentand_futu_r_e_mo_
ownersto_r_et_ainand m_aintain_the tr_e__ein
ood health.
b. Privacv Protection planting for windows
from secon stor windows shall be re uired
in the sam manner as re uired ursuant to
Section 19.28.120 exce t as rovided below:
i. Windows or other openings in the walJ
wi h' a si e ard setback les than 10 fee
shall have a minimum windowsill hei h
of five feet one inch or shall have obscure
lass an be ino erable with a fixed
g
ii. Windows or other o enin s in the wall
with a rear vard setback less than 25 feet
shall have a minimum windowsill heieht
of five feet one inch or shall have obscure
ss___and be ino erable with a fixe
M
Ordinance No. 22-2246
Page 27
iii. Subsections (a) and (b) do not a'onlv to
skvliehts or windows which do not have
views into an adiacent side or rear vard or
that face a street ot anon-residential zonin
d.
iv. Minimum planter width reauired for
rivac lantin shall be three feet.
nc access _ath__s shall not be
concurrent with areas desienated as
p_rivac lantin lanters.
7. Private o en Each unit must rovide at least 15oo of he unit
g f,loor area as rivate o en s ace on the first floor
with no dimension less than 10 feet. Private
o en s ace shall not be located in the re_au_ ired
front ard setback area.
8. Permitted ard a. Front ent features but not orches ma
encroachments encroach into a reauired front vard setback
u to thre feet.
b. Ma extend into a re uired ard a distance
not exceedin three feet.
c. No architectural feature or combination
thereof whethet a ortion of a tinci al or
accesso structure ma extend closer than
three feet to anv monertv line.
d. Architectural features ma not exceed 50oo of
the wall the are on as measured from the
interior w 11 surfaces.
9. Sec nd stor Not allowed.
decks
balconies or
s
10. a. Entrv features:
standards: i. A maximum of one ent feature er unit
is allowed and no more than one entry
fe_atu_r_er__e shall be allowed.
Ordinance No. 22-2246
Page 28
ii. The entrv featu_ re sh_a_ll b_e_oriented toface
the stre_et an_dshal_linclude a front_ _
door also oriented to face the street.
iii. Maximum entr feature hei ht is :t4 feet
as meas red from natural rade to the to
of the late.
iv. If a du lex with attached u its is
proposed, a mo'oosed entr_y _f__eature
incoroorate tw_o en_tran_cedoorsfot___the
two units. One of th_e entran_ce_ao_ors____ora
c mmon o enin into a shared ent
portal shall be oriented to face the street.
v. If duplexes are proposed on corner lots,
the entr nces to the two units shall be on
differ_ent s__treet fronta es exce t that if
the___corner lot front a ma'or collector
both the entra ces ma be located on the
minor collector or nei hborhood street.
b. If a front 'oorch (not a front entrv featurei is
nro'oosed, t_he norch_shall_b_e__nr__o__
reater in idth than in hei ht
i. Porch elements shall have detailing that
emohasizes__t_he ba_se a_aveca
osts and fenc elem nts of the orch.
c. Exterior and/or _u_ncove_red__stairaccessshall
not be allowed to the second floor.
d. All new structures ro osed in the Rl-e
zonins=dist_rict hall meet the buildin
desien reauirements in Section 19.28.080 and
shall meet the Eichler desi n idelines.
e. In the Rl-a zonin district the second stor
shall not cantilever over a first sto wall
m
f. In addition to standards outlined in
subsections I - 9 above develo ment on
ro erties with an avera e slo e reater than
IO%_shal_lcom l with ection 19.40. 50 F,
Ordinance No. 22-2246
Page 29
and (D_anaS__ection 19.40.060(E), (H), m
m
g. Windows and doors shall either:
i. Have a minimum three-and-one half
inch in width bv three-quarter inch in
depth trim when protruding from the
3
ii. Be inset a minimum of three inches from
the exterior finish of the structure. If
recessed, the primary siding material
shall over the recessed ed e faces and_
wrap toward the interior face of the
window lazin or door b not less than
two-inch de th.
h. _A!ara_ shall be recessed a
minimum of six (6j inches from the
surroundi _ buildin _ wall and shall include
trim of at least one and a half 1.5 inches in
i. Roof overhan s or buildin eaves shall be a
minimum of 12 inches in width.
j. D tached sttuctures on a lot must use the
same architectural stvle and materials.
k. Where the _ara _e faces the side ard but is
visible from the street, the earas=e shall
incorporate a window on the street front
facade so that it a ears to be a habitable
ortion of the house. The window s le must
be the same as the windows on the habitable
dwellin unit s .
1. Enclosed livin area shall be closer to the
street than ara e s ace. Gara es shall be set
back as identified in subparaeraph (3) above.
m. N more than fif ercent of the front
elevation of a house shall consist of ara e
8
n. The maximum width of a ara e on the front
elevation shall be 24 feet for a o-car ara e.
Ordinance No. 22-2246
Page 30
o. Gara e doors for no more han two car s aces
shall be visible from the ublic ri ht of wa .
p. Outdoor li htin shall com I with the
re uirements of Cha ter 19.102.
a. The elevation facim, a street shall
incor'oorate at least four architectural
features such as ba windows or an ent
feature, and/or elements of architectural
interest, such as wall insets or offsets,
planters, railings, trellises, a combination of
roofin elements e. . hi and able roofs
dormers, chanee in architectural materials,
auoins, accent tides, or an accent window
inset reater than six in hes. Windowsills
door or window trim and roofin materials
do not count as one of the features.
r. Gable ends and utch _able ends taller tha
thirt inches shall include at least one
elem_e_nt of ar__chitec_terest such as:
s a wall offset with corbels brackets or
chan e in materialsa
s Iouvered wood or metaIvents;
ffl cla or terracotta tile ventsa
s accent tile de orationa
ffl medallion de oration"
s metal rillea
s a chan e in architectural materialso
ffl incor oration of corbels'
s decorative a le edimentsa
ffl evebrow trellises or pergola structurallv
attached to the buildin or
ii windows/glazine.
s. Stone veneer or accent materials used as a
wainscot on a street facine facade shall be
wra ed around to the side fa ade and end
at acal terminus such as a fence line or a
chimnev or at an interior corner,
Ordinance No. 22-2246
Page 31
t. Stone veneer or an other sidin material
wra ed on columns shall terminat at the
floor.
11. Accesson a. Allowed pursuant to the reauirements of
buildings/Chapter 19.100, except that Accessorv
stnuctures:Dwellin unitsor uniorAccesso Dwellin
units shall not be 'oermitted on anv lot in the
R-I zoning district if a lot sttlit has been
approved pursuant to Section 18.12.70 and
one or more unit s have been a roved for
construction pursuant to Section 19.28.150 on
each resulting lot.
b. Limited to one sto not to exceed 15 feet
c. Accesso Dwellin Units shall meet
subsections (1) and (2) above and shall
additionall be in com liance with the
re ulations of Cha ter 19.112.
d. Air conditioning units and similar
mechanical eaui'oment such as eenerators,
sum u s heatin and ventilation
e ui ment shall be round-mounted and
screened from ublic view or under
and shall meet accesso stnucture setbacks
and adhere to the re uirements of Cha ter
10.48 of the Munici al Cod_e
12. Shall com l with the re uirements of
Cha ter 19.48 of the Munici al Code.
13. 4__a. A minimum 8-foot b 3-foot s ace er unit
rec clin and not visibl from the street shall be rovided
o!in an interior vard behind a fence.
containers b. This area shall not be concurrent with an
emer enc access athwa re uired b the
Fire Department.
14. a. Units shall have at least one off-street
arkin s ace exce t that arkin
re uirements shall not be im osed in either
of the following instances:
Ordinance No. 22-2246
Page 32
i. The arcel is located within one-half mile
walkin distance of ei her a hi h- uali
t_ransit corridor as defined in Public
Resources Co e Section 21155 b Code or
ofa ra'o,_asde_finedin
Public Resources Code Section 21064.3.
ii. There is a car hare vehicle located within
one block of the arcel.
a. Parkin s ace s shall be rovided in an
enclosed ara e encom ssin 10' b 20'
s ace for each s ace unobstnucted i.e. b
walls a liances etc. between six inche
from finished floor up to six feet from
finished floor.
b. When additional enclosed arkin s ace s
is are ovided he s ace s shall meet th
re uirements of Cha ter 19.124_.
15. I_rivewav__and a. A one car drivewav shall be a minimum of 10
curb_cuts:feet in width and a maximum of 12 feet in
vy.
b. A two-car drivewa shall be a maximum of
20 feet in width. An third or more drivewa
s aces shall be in tandem.
c. Sub ara ra hs a and b do not a I to the
fla lot access area.
d. When a two-car curb cut is permitted, a
maximum 18' foot wide curb cut shall b
allowed
e. When a one-car curb cut is permitted, a
maximum 12' foot wide curb cut shall be
allowed
16. Short Term No residential unit created 'oursuant to this
m Section ma be rented for a term of 30 da s or
Prohibited:_less_.
F. This Section shall remain in effect until such tim Government Code
Ordinance No. 22-2246
Page 33
fh
amend whether on or initiativ or are d to
unenforceable by a court of competent iurisdiction, at which time this
Section shall become null and void.
conversion-to a con
An li on for
for a resi con
this Section
Develo ment.
comm a or
aon or
nv on of a I
11. Amend Section 19.40.050 of the Cupertino Municipal Code to read as
fonows:
A. Density
1. Dwelling Unit
De'sity
Determined by Appendix F of the General Plan based
upon slope density standards described therein.
2. Transfer of
density credits
Density credits derived from application of a slope
density formula to a lot or a group of lots may not be
transferred to property outside any approved
subdivision or parcel map boundary.
B. Minimum Lot Aiea
1. By zoning
district symbol:
Lot area shall correspond to the number (multiplied
by one thorisand square feet) following the RHS
zoning symbol.
Examples:
RHS-20: Minimum lot size of 20,000 square feet (20 *
1,000 s.f.)
RHS-120: Minimum lot size of 120,000 square feet (120
1,000 s.f.)
RHS-218: Minimum lot size of 218,000 square feet (218
1,000 s.f.)
Ordinance No. 22-2246
Page 34
2. For subdivision Minimum lot area shall be in accordance with
Appendix F of the General Plan, unless clustered in
accordance with Section 18.52.030 (Hillside
Subdivisions). The minimum Iot area shall be 10,000
square feet for each u'iit in a clustered subdivision.
3. Subdividable
lots
Lot size zoning designation shall be assigned at time
of subdivision for ro erties not subdivided
pursuant to Government Code Section 64411.7.
4. Non-
subdividable
legally-created,
developed lots
Shall reflect the existing lot size
5. Lots created a. E_ach resultin lot shall be at least 40oo of the size
s_nALm____of the original lot being split.
b.Each resulting lot shall share one common
drivewa . If an existin drivewa or curb cut
G_overn_men_t__exi_s_._tsa_new rivewa or curb cut locat'o__ll
Code Section not be a roved.
64411.7 and c. 3L___pto two new ro ert lines ma be added to
65852.21 _create__a new_!ot a_nd shallfoll_owth_econtours of
the ro e .
d.If in an area where direct sanita sewer
connection is unavailable a ercolation test
com leted within the last five ears r if the
ne_r__colati_o_ntest has een re_certif'ed withinth_e_
last 10 ears must be rovided.
e. _Buads shall be identified on theflattes_t
nortionof_alol_____close_s_ttoanexisti_rivewav.
Where no driv wa exists buildin ads shall e
i__dentified on_the t__lattest ?)_o__rtion_ _o_fthelot, clos_est
to t_heacc____essroa_d unless doin so would result i_n
a c_ombine__derl _t_____erthan__that
re uired for sitin 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 u to 800 s uare feet each.
Ordinance No. 22-2246
Page 35
f. No side or rear setbacks shall be re uired for an
s= structure or for a structureconstr_ucted in
thesame_location and to_the same dimensions as
an existin structure.
g. No new or ex anded structures shall encroach
u on an existin ublic or rivate utili
C. Minimum Lot
Width
a. 70 feet at ftont setback line.
b. No minimum lot width for lots served by private
driveway and which do not adjoin a public street.
D. Development
on Substandard
Lots
A Hillside Exception shall be obtained to construct
structures or improvements on existing vacant legal
lots, exce t where rohibited b Government Code
Section 65852.21.
E. Site Grading
1. Maximum
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
wich meets the requirements in Section
19.40.050G
c. For each of the lots develo ed or created ursuant
Grading o Government Code Sections 64411.7 and
Ouantitv 6_585_2.21, a cum_ulative total_o_f__l_,250 cubic_vards,
cut plus fill (including grading for building pad,
ard areas drivewa all other areas re uirin
radin and basements exce t if the ori inal lot
that was subdivided has alread erformed rior
grading, then the amount of grading that has
p_reviousl occurred shall be reduced from the
maximum eradim, auantitv allowed cumulativelv
on the two resultin lo s.
Ordinance No. 22-2246
Page 36
d. Unless re ired b the Cit En ineer or to meet
FireCodere irement radin activi onlotswith
an avera e slo e of:
i. Less than five ercent shall not result in a
chan e in rad elevati n b more than 12
inches from existing natural grade.
ii. Betwee five and ten e cent shall not result
in a change in grade elevation by more than 24
inches from existim, natural grade.
iii. Ten percent or more shall not result in a
chan e in rade elevation b mor than three
feet from existin natural rade.
e. In all cases the followin sh II a l :
i. Chan e in rade elevation shall be limited
to the minimum extent necessar to ensure
ade uate draina e and access as
demonstrate b a radin a d draina e
lan re ared b a re istered civil
7
ii. S lit level desi ns shall be used to av id
additional chan e in rade ele ation.
iii. Unless otherwise re uired b the Ci
En ineer s oils shall be bala ced on site
and shall match the existing grading and
draina e at ern of the site.
iv. Unless reau_ired __b__ythe C__h E_er,
development shall not result in a finished
floor more than 36 inches above finished
2. Graded Area ;4 Shall be limited to the building pad area to the
greatest extent possible.
b_._For_lotsdevelo ed or created ursuant to
Gov_ernment Code Sections 64411.7 and 65852.21
graded areas are limited to within 50 feet of the
buildin ad area.
Ordinance No. 22-2246
Page 37
3.
Common
Driveways
Grading quantities shall be divided eqrially 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
3b.Forlots develo ed or created ursuant to
Government Code Section 64411.7 limited to a
maximum of 1250 s uare feet er lot excludin
drivewa s exce t as limited b 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 fin slopes.
F. Landscaping
Shall be prepared by a licensed landscape architect
to:
4 Screen the residential structures to the greatest
possible extent from the following prominent
intersections.
For 'oroiects pursuant to Government Code Section
65852.21, no more than 50'/o of the visible wall face
surface area shall be visible from the following
1. lreeFllanfing
rominent intersections:
Flan
i. Foothill B ulevard and Cristo Re Drive
ii. Foothill Boulevard and Al ineWav
iii. Bellevue and Carmen Road
iv. Linda Vista Drive and Hvannis'oort Ave
v. Hyannisport Ave and Bubb Road
vi. Rainbow Ave and We moth Drive.
A visual simula ion from each of the intersections
above shall be provided to indicate com'oliance.
Ordinance No. 22-2246
Page 38
2. Landscape
Requirements
land ca ed i.e. not hardsca ed
3. Installation of
Landscape
Improvements
Must be installed prior to final occupancy in"dess it is
not practicable. If not instaued, the applicant shall post
a bond, cash or other sectirity to cover the cost
of installation within an 18;month period from
ocaipancy.
4, Landscape
Maintenance
All sui landscape areas shall be properly maintained
in conformance with the requirements of Chapter
14.15, Landscape Ordinance.
5. Native Trees Shoild be integrated into the site design to the greatest
extent possible.
G. Watercourse Protection
1. Watercourse
and Existing
Riparian
Vegetation
Any watercourse identified in Figure 6-G in the City's
General Plan and its existing riparian vegetation must
be shown on all development plans.
2. Setback
a. Lots < I acre
b. Lots > I acre
The setback shan be measured from the top of bank of
the watercourses or from existing riparian vegetation,
whichever is greater. The setback from riparian
vegetation will be measured from the drip line
perimeter.
AII new development, including structures, grading
and clearing, must be set back as follows.
50 feet
100 feet
H. Development Near Prominent Ridgelines
1. New structures
Shall not disrupt a 15% site line from a prominent
ridge as identified in Appendix A. The fifteen percent
Ordinance No. 22-2246
Page 39
site line shall be measured from the top of ridge at the
closest point from the structure.
2. Additions to
existing
structures
within the 15'/o
site line of
prominent
ridgeline
M-q_,,Shall not further encroach into the site line. For
example, the addition may not add height or bulk
which may increase the disruption to the fifteen
percent ridgeline site line.
3. Impractible
Clause
If (1) and (2) above are not practicable, alternatives
may be considered through the exception process,
rovided that no disctetionat exem tion rocess is
allowed for roaects seekin a roval under
Government Code Section 65852.21.
I. Development
on Slopes of >
30o/0
a, Hillside Exception required for all grading,
structures and other development > 500 square feet,
excetit that on lots develo'oed or created pursuant
to Government Code Sections 64411.7 and
65852.21 radin buildin ads for structures and
other develo ment is limited to a maximum of 500
square feet for each lot.
b. If the lots evelo ed or created u suant to
Government Code Sections 64411.7 and 65852.21
have no areas with slopes less than 30% that can
accommodate u to two units of 800 s uare feet
each radin for buildin ads for structures is
limited to 800 s uare feet. No other develo ment
hall be ermitted on such lots e. . develo ment
for flat ard area unless re uired b the Ci
4
J. Trail Linkages
and Lots
Adjoining
Public Open
Spaces Site
Plan
L,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 inless approved through the
exceotion 'orocess, except that on lots developed
Ordinance No. 22-2246
Page 40
or cteated ursuant to Government Code Sections
64411.7 and 65852.21, no development may occur
in an area where a trail linka e is identified on
the ro ert .
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, exce t that on lots develo ed or
created pursuant to Government Code Sections
64411.7 and 65852.21 no develo ment ma occur
within 50 feet of a Public Open Space unless
doine so would preclude the development of 11D
t_otw_______ounits_of800 s uare fee each
K. Views and
Privacy
It is not the responsibility of City Govetnrnent 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 exce t that for I ts
develotied or created pursuant to Government
Code Sections 64411.7 and 65852.21 rivac
nr_otection nl_a_ as re uired ursuant to
Section 19.28.120 is re uire for vie s from the
se ond sto into ad'oinin side or rear ar s.
Windowsorothero enin sinthewallwithaside
ard setback less than 15 feet or a rear ard setback
less than 25 feet shall have a minimum windowsill
hei ht of fi e feet one inch or shall have obscure
glass and be inoperable with a fixed pane(s).
12. Amend Section 19.40.060 of the Cupertino Municipal Code to read as
fonows:
Ordinance No. 22-2246
Page 41
Table 19.40.060: Building Development Regulations
A. Floor Area Ratio (FAR)
a. Exce t as othemise rovided herein a ministeriall a roved housin develo ment
roaect a roved ursuant to this Section shall not exceed 800 s uare feet er unit.
b. Notwithstandin Para a h a a rninisteriall a roved hou in develo ment
approved pursuant to this Section may have a floor area as calculated in subsection
ic belo if it com lies with the re u_Jrements of this Sectiorr rovL__,_dedho_w__ever, that
if the housim. develo'oment is on a tiarcel created bv a ministerial lot s'olit under
Cha te 18.20.170 the maximum allowable floor area for the ori inal lot shall be
I X f - - _2 - - - -allocated to each resultin lot e ual o the ro ortionate size of each resultin lot to
1. lYlaXlmum
the ori anal lot. However under no circumstances shall the size of ministeriall
AllOWat)le
a rov d units exceed 2 000 s uare feet of livin s ace.
L)evelopment
q Fot ptojects not subject to ministetial approval under Paragraph (a) or (b), maximum
allowable development shall be the lesser of:
i, 6,500 square feet; or
k ii.4,500 square feet plus 59.59 square feet for every 1,000 asquare feet over
10,000 square of net lot area, times the slope adjustment factor pursuant to
Section 19.40.060(A%2)'
Net Lot Area-10000
Formula = (4,500 + (59.59)) X (Slope Adiustment Factor)
1000
2. Slope
Adjustment
Factor based
on Average
Slope of Net
Lot Area
Avg.
Slope
Reduction (1.5 x
Average Slope - 0.1))
a. Average
Slope _< 10%
No reduction in allowable floor area
Slope Adjustment Factor = I
10%0%
b, Average
Slope
between 10%
and 30%
A reduction in allowable floor area by
one and one-half percent (1.5%) for each
percent of slope over 10 percent.
Slope Adjustment Factor = (1 - (1.5 x
Average slope of net lot area - 0.1))
11%1.5%
12%3%
13%4.5%
14%6%
15%7.5%
16%9%
17%10.5%
18%12%
19%13.5%
20%15%
21%16.5%
22%18%
Ordinance No. 22-2246
Page 42
23%19.5%
24%21%
25%22.5%
26%24%
27%25.5%
28%27%
29%28.5%
c. Average
Slope > 30%
Allowable floor area shall be reduced
by a constant 30 percent
Slope Adjustment Factor = (1 - 0.3)
30%30%
3. Additional Regulations for Lots Within Clustered Subdivisions where Land is Reserved for
Common Open Space
a. Lot Area for calculating FAR
May count a proportionate share of the reserved private open space
to arrive at lot area for purposes of calculating FAR.
b. Maximum FAR prior to
slope consideration
No developable lot in a cltister development can exceed forty-five-
percent floor area ratio, prior to applying the slope adjustment factor,
when a portion of the private open space is attributed to the lot area
for calailating FAR
c. Average slope of lot Calculated on the developable lot only.
B. Height of Buildings and
Structures
Limited to 30 feet
C. Setbacks
First Floor
Second
Floor
Habitable Third Floor (or
portions of structures
taller than 20 feet)
1. Front-yard
a. Slope _< 20%20 feet Driveway and
garage must be
designed to
enable vehicles
to park off-
street
25 feet 25 feet
b. Slope > 20%10 feet 25 feet 25 feet
2. Side-yard
a. Interior Side 10 feet 15 feet 20 feet
Ordinance No. 22-2246
Page 43
b. Street Side on Corner Lot 15 feet 15 feet 20 feet
c. Lots develo ed ursuant to
Government Code Section 4 feet 4 feet 4 feet
65852.21
3. Rear-yard 20 feet 25 feet 25 feet
a. Lots develo ed ursuant to
Government Code Section ___4feet 4jeet 4feet
65852.21
D. Second Story Decks and ratios Minimum Setbacks
First Floor
Second
Floor
Habitable Third Floor (or
portions of structures
taller than 20 feet)
1. Front Yard 17 feet 17 feet
2. Side Yard 15 feet 15 feet
3. Rear Yard 20 feet 20 feet
4. Lots develo'oed pursuant to
Government Code Section Not allowed.
65852.21
E. Downhill Facing Elevation
1. Second Story Downhill Facing Wall Plane Offset
a. Offset from First Floor
Downhill Wall Plane
i. Average of 7 feet 6 inaies for 75% of the second story downhill
facing wall plane shall be setback and
ii. Not less than 4five feet offset.
iii. The remaining 25% may not extend past cantilever over the first
story wall plane.
b. Multiple Downhill Facing
Wall Planes
Offset shan apply only the primary setback affected.
c. Offset from First Floor
Roofed Porches
i. Offset may be measured from the outside perimeter of first-story
roofed pories.
ii. Roof of the pori must match, in pitdat and style, the roof of the
main structure.
iii. Porch must be at least 5 feet in width and extend the length of the
wall on whiah it is located to be a uali in offset feature.
Ordinance No. 22-2246
Page 44
2. Maximum dWall
Height on Downhill Elevation
15 feet
a. For ministerial proiects, the maximum height of retaining walls
facing downhill slopes shall be five feet, unless placed behind a
dwelling unit or other similar structure and shall not be visible
from the public right of way, prominent intersections listed in
Section 19.40.050(F)(1), nor face an adiacent property. In all cases,
retaining walls shall be screened with landscaping.
3. Maximum Hexght oi I I ' a a I ' I i / . _ i " . _ Il
D. l'Or alSCretlOnar7 prOieCtS, ffle maXlmllm nelgnt Of retaxnlng WATTS
Retaining Walls Facing
taClng ClOWnnlll SlOpeS mad t)e Varlat)le Dut eVel7 effort Snail t)e
L)ownhill
made to stagger retaining walls to maintain heights at five feet or
less. Retaining walls shall be screened with landscaping. Retaining
walls taller than five feet visible from the public right of way,
prominent intersections listed in Section 19.40.050(F)(1), or to
adiacent properties shall additionally be faced with architectural
materials such as stucco, stone, etc.
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
encroadies upon present required first floor setbacks, one
encroachi_ng side of the existing structure may be extended along
existing building line.i.
b. Only one suai extension shall be permitted for the life of the
building.
c. Encroachments into a required yard which are the result of the
granti_ng of a variance may not be further extended.
d. Further encroachment into a required setback is not allowed. I.ey a
non-conforming setback may not be further reduced.
e. In no case shall a_ny wall plane of a first-story addition be placed
closer than three feet to any property line.
f. Shall not a'onlv to 'oroperties developed or created pursuant to
Government Code Section 65852.21 and 64411.7.
Ordinance No. 22-2246
Page 45
2. Architectural Features
a. May extend into a reqriired yard a distance not exceeding three
feet.
b. 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.
c. Second sto decks or balconies ma not further encroach into a
re uired setback than allowed in Subsection D. '
4 As allowed by Chapter 19.100, Accessory Buildings/Structures
b. Lots created and developed with two units tiursuant to
Government Code Sections 64411.7 and 65852.21 ma not
develo an Accessor Dwellin Unit or unior Accesso
Dw__el_t.
G. Accessory Structures _
c. Air conditionine units and similar mechanical eauitiment such
including attached patio covers)
as eenerators, sumo pumps, heating, and ventilation eauinment
shall be round-mounted and screened from ublic view or
under round and shall meet a cesso struchire setbacks and
adhere to the re uirements of ha ter 10.48 of the Munici al
Code
H. Design Standards
1. Building and Roof Forms
a. Natural Contours
ulding shall follow as closely as possible the primary natural
contour of the lot.
b. Building Mass and Roof
Pitches
The main building mass shan be on the upslope side of the building
and the roof pitaies shall trend downslope.
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.
2. Colors
Ordinance No. 22-2246
Page 46
a. Natural Earth Tones
All structures on the lot shall use natural earth tone and/or vegetation
colors which complement the natural surroundings. Nahiral 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 reqriirements in Chapter 19.102.
All ro'ects shall strive to attain exce t that roaects ursuant to
Government Code Section 65852.21 shall attain, the following
standards:
a. No more than 50oo of the fa ade visible from the ri ht of wa
shall com rise the ara .
b. A two car ara e face shall not exceed 24 feet and a one car
a ('.:r;iopc . ara e face shall not exceed 12 feet.
N lall lallb %- l-l
c. Gara es visible from the ri ht of wa shall be setback a
min_i_moftwo_feet from the livable areas of the home exc t
if onl the ara e an or the entrance to th home and no other
livable ortions of the home are accessible from the street level.
d. Third car s aces shall be rovided in tandem or shall be
rovided in a d tached accesso structure.
All moiects shall strive to attain, except that proiects pursuant to
Government Code Section 65852.21 shall attain, the followim,
standards:
a. Onl one ent feature shall be ermitted er structure and onl
i Pnh'v Pp*+nrpq one entry feature shall be visible from the public street.
J " -""'-"
b. Du lexes shall have entrances to each unit on differ nt
c. Entry features shall be limited to 14 feet in height from the
natural rade to the to of wall I te.
6. Uncovered/exterior staircases Not allowed.
I. Geologic and Soils Reports
Ordinance No. 22-2246
Page 47
1. Applicability
A geological report prepared by a certified engineering geologist and
a soils report prepared by a registered civil engineer qualified in soils
mechanics by the State shall be submitted prior to issuance of permits
for construction of any building or structure whiai:
a. Is located on property in an RHS zoning district which has been
designated by the General Plan to be within a geological hazard
area; and
b. Where an addition, alteration or repair of an existing building or
structure include at least one of the fonowing:
i. The improvements include increasing the occupancy capacity
of the dwelling such as adding a bedroom or $
Accesso Dwellin unit, or
ii. The cost of the completed addition, alteration or repairs will,
during any period of twelve months, exceed twenty-five
percent of the value of the existing improvements as
determined by the $6 based on
current per foot value of the proposed structure to the existing
structure's value on a parcel of property. For the purposes of
this section, the value of existing improvements shall be
deemed to be the estimated cost to rebriild the improvements
in kind, which value shall be determined by the %
6 Official.
Ordinance No. 22-2246
Page 48
2. Content of Reports
These reports shall contain, in addition to the requirements
of Chapter 16.12 of this code, the following:
a. All pertinent data, interpretations and evaluations, based upon
the most current professionally recogized soils and geologic
data;
b. The significance of the interpretations and evaluations with
respect to the actual development or implementation of the
intended land use through identification of any significant
geologic problems, critically expansive soils or other unstable soil
conditions whidi if not corrected may lead to structural damage
or aggravation of these geologic problems both on-and off-site;
c. Recornrnendations for corrective measrires deemed necessary to
prevent or significantly mitigate potential damages to the
proposed project and adjacent properties or to otherwise insure
safe development of the property;
d. Recommendations for additional investigations that should be
made to insure safe development of the property;
e. Any other information deemed appropriate by the City Engineer.
3. Incorporation of
Recommendations
All building and site plans shall incorporate the above-described
corrective measures and must be approved by the City Engineer,
upon a third- a eer review of the re orts rovided at the
a licant's cost prior to building permit issuance.
J. Private Roads and Driveways
1. Pavement Width and Design
The pavement width and design for a private road or common
driveway serving two to five lots and a single-lot driveway shan
comply with development standards contained in the Hillside
Subdivision Ordinance, Chapter 18.52 of this code.
2. Reciprocal Ingress/Egress
Easement and Reciprocal
Maintenance Agreement
The property owner for a lot served by a private road or common
driveway shall, prior to issuance of building permits, record an
appropriate deed restriction guaranteeing the following, to adjoiriing
property owners who utilize the private road or common driveway
for the primary access to their lot(s):
a. Reciprocal ingress/egress easement, and
b. Participation in a reciprocal maintenance agreement.
Ordinance No. 22-2246
Page 49
K. Solar Design
The setback and height restrictions provided in this chapter may be
varied for a structure utilized for passive or active solar purposes,
provided that no such structure shall infringe upon solar easements
or adjoining property owners. Variation from the setback or height
restrictions of this chapter may be allowed only upon issuance of an
Administrative Conditional Use Permit subject to Chapter 19.12,
exce t that lots develo ed ursuant to Government Code Section
65852.21 shall not be eli ible for such a discretiona etmit.
For lots develo ed ursuant to Government Code Section 65852.21
u on develo ment of the lot a ro riate ublic ri ht of wa
L. Off-street Im rovements dedications shall be made to accommodate the redominant width
of the street and street im rovements shall be installed to the Public
Works De artments standards.
M. Short Term Rentals No residential unit created ursuant to Government Code Section
Prohibited.65852.21 ma be rented for a term of 30 da s or less.
13. Add a new Section 19.40.090 of the Cupertino Municipal Code to read as
follows:
19.40.090 Ministerial Approval of Up to Two Units.
e f
mm Dev shall a e u
residential units on a parcel in an RHS residential hillside zoning
district if the proposed housing development meets the requirements of
Government ' n ' a all li le
obiective zoning standards, objective subdivision standards, and
obiective design review standard5.
The r f mmuni Dev im
o' n d
o 'ective reviewstandardsinthe unici Cod General
any applicable specific plan, and other objective land use specifications
a wi a of v a n
6585 inclu a not limited to the standards for ministerial
development projects in Section 19.40.050 and 19.40.060.
Ordiiiance No. 22-2246
Page 50
or of Communi
Develo ent ma den a ho develo ment 'ect ro sedunder
acial makes a written fin
u n a re nderance of the evidence that the ro sed ho
and determin in Government Code Section 65589.5 2 u n ublic
health and safety or the physical environment and for which there is no
feasible method to satisfactorily mitigate or avoid the specific, adverse
D. li on and Fees. An a lication on a form made av le
by the City shall be completed by the applicant. The form shall be
accompanied by a fee that the City Council may adopt by resolution to
suffici recover the cost of ' a a the a ents of this
ao The licati shall a 'cal
Jans d a a on on
ro osed ro'ect.
E. 0 aective Zo ' and Stan for
Approved Housing Development Proiects. In addition to any applicable
o 'ective zo a ' o o n an
o aective review standards in the Munici a h '
el t this onmust
with li le 'ectiv
n 6585
notlimitedto for d elo
ro,aects in Sec ion 19.40.050 and 19.40.060 and the followin :
1. Ba ements No allowed.
2, Balconie_s,No allowed.
deck or similar
3__. _Desien_a. Windows and doors shall either:
M___i. Have a minimum three-and-one half inch
in w'dth b three- uarter inch in de th
trim when rotrudin from the wall or
Ordinance No. 22-2246
Page 51
ii. Be inset a minimum of three inche from
the exterior finish of the structure. If
recessed the rimar sidin material
shall cover the recessed ed e faces and
wra toward the interior face of the
window lazin or door b not less than
two-inch de th.
b. All ara e doors shall be recessed a minimum
of six 6 inches from the surroundin
buildin wallandshallincludetrimofa_tleast
one and a half 1.5 inches in de th.
c. Roof overhan s or buildin eaves shall be a
minimum of 12 inches in width.
d. Detached structures on a lot must use the
same architectural s le and materials.
e. Where the ara e faces the side ard but is
visible from the street the ara e shall
incor orate a window on the street front
facade so that it a ears to be a habitable
ortion of the house. The window s le must
e the same as the windows on the habitable
dwellin unit s .
f. Gara e doors for no more than two car s aces
shall be visible from the ublic ri ht of wa .
g. The elevation facin a street shall incor orate
at least four architectural features such as ba
windows or an ent feature and or elements
of architectural interest such as wall insets or
offsets lanters railin s trellises a
combination of roofine elements (e.e. hiti and
able roofs dormers chan e in architectural
materials uoins accent tiles or an accent
window inset ereater than six inches.
Windowsills, door or window trim, and
roofin materials do not count as one of the
Ordinance No. 22-2246
Page 52
h. Gable ends a d dutch able ends talle than
thi inches shall include t least one element
of architectural interest such as:
ffl a wall offset with corbels brack ts or
chan e in materialso
ffl louvered wood or metal vents;
u clay or terracotta tile vents;
II accent tile decorationa
b medallion decorationa
a metal lill@-
u a chan e in architectural materials'
u incor oration of corbelsa
ffl decorative able ediments"
ffl e ebrow trellises or er ola structurall
attached to the buildin or
u windows/ lazin .
i. tone veneer or accent materials used as a
wainscot on a street facin fa ade shall be
ra ed around to the side fa ade and end at a
loei_cal terminus such as a fence line or a
4
i. tone veneer or an oth r sidin ma erial
wra ed on columns shall terminate at the
4. Private O en Each unit must rovide at least 15oo of the unit
Sj2a_Ce___floor area as riv te o en s ace on the first floor
with no dimensi n less than 10 feet.
5. Refuse a. A minimum 8 foot b 3 foot s ace er unit not
recvdine and visible from the street, shall be provided in an
other containers interior ard behind a fenc .
b. Thi area shall not be concurrent wit an
mer enc access athwa re uired b the
Fire Department.
a. Units shall have at least one off-street arkin
s'oace,__e_x_c_e_p_i_ihatn_ eau_irements shall
ot be im osed in either of the followin
instances:
Ordinance No. 22-2246
Page 53
i. The parcel is located within one-half mile
walkine distance of eithet a hieh-aualitv
transit corridor, as defined in Public
Resources Code Section 21155(bl Code, ot
ofama'ortransitsto asdefinedinPublic
Resources Code Section 21064.3.
ii. There is a car share vehicle located within
one blo k of the arc 1.
b. Parkin s ace s shall be rovided in an
enclosed garaee encomnassine 10' bv 20'
s ace for ach s ace unobstructed i.e. b
walls a liances etc. between six inches
from finished floor IID to six feet from
finished floor.
c. When additional enclosed arkin ace s
is/are rovided the s ace s shall meet the
reauirements of Chapter 19.124.
F. Section shall remain in until such ' e as Government
Code Section 65852.21 is repealed or superseded or its requirements for
evel
am whether l on or initiative or are held to be
le a f a which a a
Section shall become null and void.
G. An uni ed to on
ineli le for conversion to a condo communi or
stock cooperative proiect. Any application for a tentative subdivision
e for a ' a minium nv ' n
of a created to this Section be denied b the
f Dev
14. Add a new Section 19.112.060 of the Cupertino Municipal Code to read as
fonows:
19.112.060 Accesso . Dwellin Units Prohibited on Certain Lots.
Ordinance No. 22-2246
Page 54
vision this
dw '
1 or
n 18 70
construction
Section 65852.21).
on 6585 or 65852.22 or
Or a 'unior aCCesSO
e- ' a
ernm
no accesso
be ' on l in
if an urb Iot lit
ne m resid s e ved r
to Section 19.28.150 or 19.40.090 Government Code
Section 5. If any portion of this Ordinance or its application is for any reason
held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity,
unenforceability or unconstihitionality shall not affect the validity or
enforceability of the remaining portions of the Ordinance, or its application to
any other person or circumstance. The City Council hereby declares that it would
have adopted each section, sentence, clause or phrase of this Ordinance,
irrespective of the fact that any one or more other sections, sentences, clauses or
phrases of the Ordinance be declared invalid, unenforceable or unconstihitional.
INTRODUCED at a regular meeting of the Cupertino City Council on the 1"' day of
November, 2022; and
ENACTED at a regular meeting of the Cupertino City Council on this 15' day of
November, 2022, by the following roll call vote:
Ordinance No. 22-2246
Page 55
Members of the City Council
AYES:
NOES:
ABSENT:
ABST AIN:
Paul, Chao, Moore, Wei, Willey
None
None
None
SIGNED:
ya/-_- 7_Z__
DCiatyrCyofPCa'u'lMQayor
Date
ATTEST:
Kirsten Squarcia, City Clerk Date
APPROVED AS TO FORM:
L z:i Nov 18, 2022
Christopher D. Jensen, City Attorney Date
11/30/22
Ord. 22-2246 - Adopt Standard, Ministerial
Approval of Duplexes (Senate Bill 9)
Final Audit Report 2022-11-18
Created:2022-ii-18
By:
Status:
Transaction ID:
Araceli Alejandre (aracelia@cupertino.org)
Signed
CBJCHBCAABAAPV5aHP8-hGoHNO99qBBMK6U42q5cqmtj
Ord. 22-2246 - Adopt Standard, Ministerial Approval of Duplexe
s (Senate Bill 9)" History
6 Document created by Araceli Alejandre (aracelia@cupertino.org)
2022-11-18 - 5:46:36 PM GMT- IP address: 73.470.27.253
R Document emailed to christopherj@cupertino.org for signature
2022-11-18-5:48:31 PM GMT
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i@ Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen
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4 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org)
Signature Date: 2022-11-18 - 6:18:50 PM GMT - Time Source: server- IP address: 136.24.22.150
0 Agreement completed.
2022-11-18-6:18:50 PM GMT
owgm by
Adobe
Acrobat Sign
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, KIRSTEN SQUARCIA, City Clerk and ex-officio Clerk of the
City Council of the City of Cupertino, California, do hereby certify the
attached to be a true and correct copy of Ordinance No. 22-2246 which
was enacted on November 15, 2022, and that it has been published or
posted pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this 30th day of November 2022.
____________________________________________
KIRSTEN SQUARCIA, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California