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CC Ordinance No. 21-2235 adding or Amending Cupertino Municipal Code Sections 18.20.170, 19.08.030, 19.12.030, 19.28.040, 19.28.110, 19.40.050, 19.40.060, 19.40.090, and 19.112.060 to adoptINTERIM ORDINANCE N0. 21-2235 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADDING OR AMENDING CUPERTINO MUNICIP AL 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 SPLITS IN SINGLE-FAMILY RESIDENCE DISTRICTS SECTION I: PROJECT DESCRIPTION Application No.: Applicant: Location: MCA-2021-005 City of Cupertino Single-Family Residential Districts Citywide SECTION II: RECIT ALS WHEREAS, on September 16, 2021, Governor 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 Goverrunent Code, relating to land use; and WHEREAS, SB 9 require a proposed housing development containing no more than two residential u:iThts 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 further require a local agency to rninisterially approve a parcel map for a lot split for 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 WHREAS, prior to SB 9 taking effect on January 1, 2022, 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 WHEREAS, the implementation of SB 9 without standards for the ministerial approval of development projects and lot splits would create a current and immediate threat to the Ordinance No. 21-2235 Page 2 public health, safety, or welfare, and therefore the City Council wishes to adopt an interim ordinance that will allow for the orderly 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 fortli 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 Municipal Code and the City's Comprehensive General Plan (Cornrnunity Vision 2040) and the proposed amendments are internally consistent with Title 19 of the Municipal Code. The proposed amendments have been adopted in accord with the requireme;nts of Title 19, and are proposed to implement SB 9 in a manner that is consistent with the requirements of t7ie Cihfi General P(an and internaLLy consistent witli Title 19. 2. The proposed zoning is in compliance with the provisions of the California Environmental Quality Act (CEQA). u;nder Government Code Sections 66411.7(7?) and 65852.21(j), a;n ordinance adopted to implement the requirements of SB 9 shall ;not be co;nsidered a project under CEQA. Tlie proposed ordinance is therefore exempt from CEQA. 3. The site is physically suitable (including, but not Iirnited 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 proposed ordinance amendments are not bei;ng app(ied to any specific site, nor is it reasonab7y foreseeab(e which specific sites may edect to utilize the proposed ordinance amendmen.ts. 4. The proposed zoning will promote orderly development of the City. The proposed ordinance is intended to promote t7ie orderly implementation of deve7opment 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 worlang in the neighborhood of subject parceIs. Ordinance No. 21-2235 Page 3 The proposed ordi;nance amendments are not being applied to any specific site, nor is it reasonably foreseeable whic7i specific sites may dect to uti(ize the proposed ordinance amendments. The proposed ordinance wiu regulate the development of projects in single-family residential districts authorized under SB 9 to protect the health, safety, peace, morals and general welfare of persons residing'm those districts. 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 Municipal Code to read as follows: 18.20.170 Ministerial A roval of Urban Lot S lits. A. The Director of Community Development shall ministerially approve a parcel map application for an urban lot split if it meets the a ents of Government Cod Section 66411.7 and conforms to pll applicable objective requirements of the Subdivision Map Act commencin with Government Code Section 66410 . No ublic hearin shall be required. Notice shall be provided to adjacent property owners (including those across any public or private stree'D fourteen days prior to any action on the proposed project. The decision of the Director of Community Development shall be final. The Director of Commuru Devel ent shall Jit pursuant to this section to comply with objective zoning standards, objective subdivision standards, and objective design review standards applicable to the parcels created by pursuant to this Section, to the extent that such standards do not conflict with Government Code Section 66411.7 inclu ' t not ' led to the o 'ective subdivision standards in Parara h G. C. Notwithstan ' P h the Director of ommuni Devel ent ma den an an lot lit to this Section, if the Building Official makes a written finding, based upon a derance of the evid that an h ' develo ent 'ect in connection with the lot lit would have a ' a adverse d defined and determine Section Government C de Section 65589.5(di(2 u on ublic health andsafet or the h, sical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. Ordinance No. 21-2235 Page 4 D. In addition to an other conditions established in accordance with this Section, the Director of Community Development may require any of the following conditions when considering an application for a parcel ma for an urban lot s lit ursuant to this Section: 2. A ent that the adaointhe ublicriht-of-wa,. have access to vide access to or E. Any lot created pursuant to this Section shall be limited to residential uses. F. Gra Gra a shall not result in a chan the natural grade by more than 6-inches from existing natural grade, as d.emonstrated a ' and ' lan ared b a o civil en ' eer unless required to by the City Engineer; G. An applicant for a lot split shall provide proof that the property has notbeen ied arenterinthethree ears ' thea lication to the satisfaction of the Director of Community Development. H. An licant for a lot lit t to this Section shall an affidavit statin that licant inten to a h o unit on one of the lots created as their principal residence for a minimum of three ears from the date of the of the an lot li vid however, that this Paragraph shall not apply to an applicant that is a community land trust, as defined in Revenue and Taxation Code Section 402.I II " orisa ' edrr tio asd in Revenue and Taxation Code Section 214.15. I. Ob'ective Subdivisions Standards for Ministerially Approved Lot Splits. In addition to any app]icable objective subdivision standards in this Title or the Subdivision Map Act and the requirements of Government Code Secti 7 a lot 't t to this Section must comply with the objective subdivision standards to the maximum extent permissible under Government Code Section 66411.7, inclu ' but not limi to o " e standards for ministerial lot lits set forth in Sections 19.28.050 and 19.40.050. J, This Section shall remain in effect until such time as Government Code Section 66411.7 is repealed or superseded or its requirements for Ordinance No. 21-2235 Page 5 ministerial approval of lot splits are materially amended, whether by legislation or initiative, or are held to be unenforceable by a court of com t 'urisdicti at which time this Section shall become null and void. 2. Amend or add the following definitions in Section 19.08.030 of the Municipal Code to read as follows: "Bay window" means a proiecting window element that is not an extension of the floor area and does not incorporate any useable space for seatin or other ur. oses "Duplex" means a $residential develo ment, on a lot under one ownership, containing not more than two kitchens, designed and used as two attached or detached rima dwelling units, of comparable size independent of each other. "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 sliafts; 4. Services and mechanical equipment rooms; 5. Interior building area above fifteen feet in l'ieight between any floor level and the ceiling above; 6. Residential Lbasements in the A, Al, Rl and RHS zoning districts with lightwells that do not conform to Section 19.28.070(I); 7 Residential basements in the Rl and RHS districts on 'ects t 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: Ordinaiice No. 21-2235 Page 6 ]. Residential Bbasements in the Rl and RHS zoning districts with lightwells that conform to Section 19.28.070(I); 2. J L2ightwells; 3. Attic areasa 4. Parl<ing facilities, other than residential garages, accessory to a permitted conditional use and located on tlte same site; 5. Roofed arcades, plazas, walkways, porches, breezeways, porticos, courts and similar features not substantially enclosed by exterior walls. "Gable end" means the exterior wall that su itched roofs and is enerall, trian, ular in sha e. "Lot" means a parcel or portion of land separated from otl'ier 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 a lot having access to a street by means of a private driveway or parcel of land not otherwise meeting the requirement of this title for lot width. 3. "Interior Jot" means a Jot other than a corner lot. 4. "Key lot" meai'is the first lot to the rear of a corner lot, the front line of which is a continuation of the side line of the corner lot, and fronting on the street whicli intersects or intercepts the street on which the corner lot fronts. 5. "Pie-shaped lot" means an interior lot where the front lot line abuts a cul-de-sac, is 20'/o or more shorter than the rear lot line or the lot has five or more lot lines. "Su stantiall nclosed" means an area that is covered b roof or ceilin. that is not more than 50oo o en to the sk elements and surrounded by solid barriers that are six inches or taller on three sides. Solid barriers do not include open railings that are no taller than 42 Ordinance No. 21-2235 Page 7 inches, decorative arches or trellises. Railings and trellises shall have a visual transparency of more than 50'/o. 3. Amend Section 19.12.030 Approval Authority, subsection R-I Ordinance Permits to add the following: Type of Permit %C_m Public d Public 4 Chapter/ or Decision A- B _trative 5 Commission Council RadiusD __bite __tion Findimzs 5 Committee Comment i l Miscellaneous Ministerial F None Yes _19.28.150 Permit 4. Amend Section 19.12.030 Approval Authority, subsection R-I Ordinance Permits to add the following: Type of Permit % Cih d Public !_ Cha'oter/ or Decision A-B tratlVe 5 Commission Co_u_ncil RadiusD __Site __tion Findines m Uommittee Comment 12s Miscellaneous Ministerial Not allowed Permit 5. Amend Section 19.12.110F of tl'ie Cupertino Municipal Code to read as follows: F. Posted Site Notice: 1. Applicants shall install notice(s) on the subject site that is/are clearly visible and legible from the right-of-way in accord witli the requirements of Table 19.12.030. a. Applicants must install a site notice in the front yard of the subject site. b. For all applications other than Two Story Permits, Residential Design Review, Miscellaneous Ministerial Permits, and Tree Removal applications in Rl or R2 zones, if the Ordinance No. 21-2235 Page 8 subject site has more than one property line abutting a street, the applicai"it 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, Miscellaneous Ministerial Permits and Tree Removal applications in Rl or R2 zones, shall be at least 2 feet tall and 3 feet wide. b. For all other applications that need a site notice, shall be at least 4 feet tall and 6 feet wide. 3. The notice shall be placed at least 14 days prior to the decision/public hearing and shall remain in place until an action has been taken on the application and the appeal period,.i 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 I<nown; b. A brief description of the proposed project, the content of which shall be at the sole discretion of the City; c. City contact information for public inquiries; d. A deadline for the submission of public comments; e. If proposing a physical alteration to an existing building or new buildings, at least one of the following visual representations of the proposed project: i. A color perspective drawing or three- dimensional (3-D) photographic simulation of the proposed project, in a size deemed appropriate by the Director of Community Development. ii. For 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 II inches by 17 inches in size. Ordinaitce No. 21-2235 Page 9 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 19.28.110 of the Cupertino Municipal Code to add a new subsection G as follows: G. eous Ministerial Permit: For 'ects notice of a Miscellaneous Ministerial Permit, notice shall be mailed in accord with subsection 19. 110A and on the calendpr da. s rior to the date of action on the a lication. 7. Amend Section 19.28.170 of the Cupertino Municipal Code to read as follows: A. 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. No a eal of a Miscellaneous Ministerial Permit shall be allowed, 8. Amend Section 19.28.040 of the Cupertino Municipal Code to read as follows: Planning permit required prior to building permit application Approval authority iType of Project I A.None Admin. One-story single-family project that does 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 outside the building envelope, subject to requirements of Section 19.28.070 or 19.28.080 Ordinance No. 21-2235 Page 10 Planning permit required prior to building permit application i Approval authority Type of Project I 4. New or expanded second story deck or balcony with views into neighboring residential side or rear yards in all districts except Rl-a 5. Any active or passive solar structure that requires variation from the setback or height restrictions of this chapter, provided that provided that no such structure shall infringe upon solar easements or adjoining properff owners 6. One or two-story addition or new home on a sloped single-family residential lot with development on building pads/graded areas with actual slopes equal to or greater than 20% and with total floor area ratio of all struchires on the lot greater than 35% C. Director's Minor Modification, pursuant to Chapter 19.12, Administration Encroachment of porch 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 addition or new two-story home in all districts that do not require Residential Design Review per Section 19.28.040 (E) except in an Ij-a zone. Ordinance No. 22-2235 Page 11 Planning permit required prior to building permit application iApproval authority Type of Project E. Residential Design Review, pursuant to Chapter 19.12, Administration Admin. with design review Two-story addition ornew two-story home in all districts except Rl-a wliere: 1. Second floor to first floor area ratio is greater thait 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. Where 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, aitd/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, pursuaiit 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 Chapters 19.12, Administration One or two-story addition or new home on a sloped single-family residential lot with development on building pads/graded areas with actual slopes equal to or greater than 20% and where the cut plus fill of the site exceeds 2,500 cubic yards I. Conditional Use Permit, pursuant to Chapters 19.12, Administration Two-story addition or new two-story home in an Rl zoning district with an "i" suffix J. Miscella_neous Ministerial _Admin 1, New one or two-sto du lex ro'ect Perm_it in an Rl zonin district ursuant to Government Code Section 65852.21 Ordinance No. 21-2235 Page 12 Planning permit required prior to building permit application Approval' authority Type of Project 2. New one or two-sto sin le famil home or secondarv principal dwelline unit, or two story addition in an Rl zonine district pursuant to Government Code _S_ec!ion65852_.2_l 9. Amend Section 19.28.050 of the Cupertino Municipal Code to read as follows: Rl-5 Rl-6, 7.5, 8, 10, 20, etc., and Rl-6e Rl-a A, Minimum net lot area I i, 5,000 square feet ii.tlte number multiplied by 1,000 square feet iii. 'io,ooo Square feet iv. For lots created under the provisions of Government Code Section 64411.7 the resultin lots shall be 40-60'/o of the lot beine subdivided with no lots less than 1,200 square feet. B. Minimum lot width (at the (vt'ztil colh:>rlc i50 feet _ii. 60 feet _,=iii. 75 feet ______iv.For lots created pursua_nt to the provisions of Government 1:,,,,l Code Section 64411.7: xuxll-/ a. _N_omor_ethan two_new_nro_'t Iines ma be added to create a new lot. b. Existin interior lots or ie sha ed Jots with 60 feet or more street frontaee: resultim. lots shall have a street _fr__oe _that is bet_ween_40-60% of the lot width of the lot being subdivided. c. _Bxistin_s_ interior lots or pie sha_p_ed__lots withles__sth_an 60 feet of street frontaee: one of the resulting lots shall be a flag lot with access to the street. d. E__x_istin fla lot subdivision: resultin lots must be subdivided in the same orientation as the existin lot i.e. the existing front lot line must be the front lot line of the future lots and the existina rear lot line shall be the rear lot line of the future lots) and shall be between 40-60% of the lot width of the lot being subdivided. Ordinance No. 21-2235 Page 13 Rl-5 Rl-6, 7.5, 8, 10, 20, etc., and Rl-6e Rl-a e. _Corner Sots: Shall bes_ubdivi,led in a manner that the existine street side propertv line shall be snlit to create at least one front lot line on that frontage. C. Landscaping i, See Chapter 14.15, Landscape Ordinance. ii. At least 50'/o of the front vard of iii. Landscaping plans are required for all additions or new homes. The an rooect a roved ursuant to purpose of the _9.28.150 shall be _landscaoine is to beautifv bv landsca'trine (i.e., not the prooertv and to hardscaped).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 ard of an ro'ect a roved iu_rsuant to Chapter 19.28.150 shall be occu ied b landscapim, (i.e., not hardscaned). 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 proiects proposed pursuant to Government Code Sections 64411.7 and 65852.21 shall be limited to 2,500 cubic vards for the entire site prior to subdivision. _iv. !_roiects proposed ursuant to Governm_ent Code Sections 64411.7 and 65852.21 flat ard area created b gr__ areas _th_at_a__re slo ed more than IO%_ shall be Ordinance No. 21-2235 Page 14 Rl-5 Rl-6, 7.5, 8, 10, 20, etc,, and Rl-6e Rl-a _limitedto 2,500 _sauare feet noQ inc_luding the_drivewav_--_l______-__J__- ;- - prior to anv subdivision. 2. Fences See Chapter 19.48, Fence Ordinance E. Development (structures, improvemeiits, or grading) on actual slopes > 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 Excention is permitted on lots developed pursuarit 30'/0 to Section 19.28.150. F. On-site All ro ertie shide a 4.5 foot wide athwa and a 4.5 imorovements__f_oot wide___p_lantine stri'o._curb and utter curb cut, AC pavement, and undereround utilities at the street as follows: 1. Detached pathway when the properties on either side of the p_ronert_v__neine dev_elopedhas_ a detached athwa 2. Monolithic athwa when the ro erties on either side of the nro'tyertv beine develo'oed has a monolithic pathwav 3. _When moao_ erties on_ eith_erside of the ro er do not ha_ve a athwa a athwa that matches the re-dominant pattern of nathwavs on the street, as determined bv the Citv Engineer, shall be provided, unless the property has a "semi-rural" desienation_ ado_'t_ied__ by _C_itvCouncil:r-"-i-? 4 resolution. 4. The Citv Eneineer shall adopt anv obiective standard necessa to im lement the re uirements of this ara ra h. G. Drivewavs for 1. _For n__ewinterio_r_lots with a treet fronta e of 35 feet or less develo ments no more than a 12-foot wide one-car wide curb cut shall be nursuant _to permitted. A distance of at least 22 feet shall be provided Government between the two one-car wide curb cuts, else, a shared Code Section drivewa curb cut ma be rovided. _____64411.7 2. Existin ie-sha ed lots with a street fronta e of more than 70 feet: Resultim. lots mav movide a maximum 18 foot wide driveway curb cut for each resulting lot provided a distance of atleast 22 feet is provided between existing and proposed _driveway___jlares, el_s_e adrive_wa curb cut no more than 12 foot wide (one-car wide curb cut) shall be 'permitted. Ordinance No. 21-2235 Page 15 Rl-5 Rl-6, 7.5, 8, 10, 20, etc., and Rl-6e Rl-a 3. Existim. pie-shaped lots with a street frontaee 70 feet or less: Drivewav access shall be shared over the access area of the resultin fla lot. No other curb cuts shall be ermitted. 4. When subdivision results in a flae lot subdivision, the lots shall share vehicular access off of a minimum 20 foot and a maximum of a 25-foot-wide access area com risin of a minimum 16-foot drive aisle, and minimum 2 foot wide landscaping planter on either side. 5. Where a shared drivewa not throu h a fla lot is d i. No additional curb cuts shall be ermitted. ii. 50% of the width of the shared driveway curb cut shall be on each ro er . iii. A maximum curb cut of 18' feet shall be permitted. 6. A maximum 18' wide car curb cut is allowed when a two car a roach is ermitted. 7. A covenant necessarv for a'o'oromiate ineress and eeress easements shall be record_ ed when access is shared prior to fin_ al n_a_rce__lm_ap recordation. 8. A maintenance aereement shall be recorded to ensure shared maintenance of an shared access easements stormwater treatmen landsca in and rivate utilities prior to final arcel map_recordation. H. Easements 1. Utilitv easements shall be recorded prior to final 'oarcel and Covenants _m_a_'orecordatio_n. reauired for 2. A covenant necessarv for maintenance of stormwater subdivisions treatment facilities shall be recorded mior to final man ursuant to recordation. _G__overnmen_t_ Code Section ,64411.7 lSJotes: I Lots, winch contaiit 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. 2 Maximum grading quantity includes gradiitg for the building pad, yard areas, driveway, and all other areas requiting grading, but does not include basements. The graded area shan be Ordinance No. 21-2235 Page 16 liinited to tlie buildii'ig pad area to tl"ie greatest extent possible. Gradiiig quai'itities for multiple driveways are divided equany ainong the participating lots, e.g. two Jots shariitg a driveway will divide the driveway grading quantity iii lialf. The divided sl"iare will be charged agaiitst the grading quaiitity allowed for that lot development. 3 An ait aitd ffflll areas shall be rounded to follow the natural contours and plaiited with landscapiitg that meets the followii'ig requirements: i. A landscape pla+'i shall be prepared tliat addresses measures to prevent soil erosion and to screen cut and fill slopes. ii. A tree plaitting plan sliall be prepared for the site which win screen grading areas, aitd residential structures, to tlie greatest possible extent, as well as to reiittroduce trees on barren slopes which were denuded by prior agricultural activities. iii. Laitdscape iinprovements shan meet the requirements as established iit the Laitdscape Ordii'iaitce, Cl'iapter 14.15. i v. Laitdscape improvements shan be iitstalled prior to final occupaiicy unless such ii tstallation is impracticable, in wlncl"i case, the applicaiit shall post a bond, casli, or otl"ier security to ensure iitstallation witli'i ait 18-montli period from occupancy. All sucli lai'idscape areas shall be properly maiiitained. 10. Add a new Section 19.28.150 of the Cupertino Municipal Code to read as follows: 19.28.150 Ministerial Approval of Up to Two Units. A. Issuance of Miscellaneous Ministerial Permit. The Director of Comm ' Devel t shall " rove to two residential units on a parcel in an R-I single-family residence district or R-I zoned Planned Development Zoning District if the proposed h ' devel ent meets the ' ents Government Code Section 6585 and com lies with all li le o 'ective ' standards, objective subdivision staridards, and objective design review standards. B. The Director of Community Development shall impose all objective zoning standards, objective subdivision standards, and o 'ective desi review in the Muni ' al General an Iicable o c and other o 'ective land use ' that do not conflict with the requirements of Government Code Section 65852.21, including but not limited to the objective zoning and design standards in Parara h E. C. Notwithstanding Paragraph A, the Director of Community Development may deny a housing development project proposed under this Section if the Building Official makes a written finding, based Ordinance No. 21-2235 Page 17 e onderance of the evidence that the ropose development proiect would have a s'pecific, adverse impact,, as defined and determined in Government Code Section 65589.5(d)(2), upon public health and saf feasible method to satisfactorily mitigate or avoid the specific, adverse D. A lication and Fees. An lication on a form made a le by the City shall be completed by the applicant. The form shall be accom anied a fee t the Ci Council ma ad resolution to sufficien recover the cost of a ' a the ents of this section. The application shall be accompanied by all technical reports, Jans and information ' to make a determination on the proposed project. E. Obiective Zoning and Design Standards for Ministerially Approved Housin Devel en 'ects in the R-I District. In ddition to an licable o 'ective stan o 'ective subdivision standards and obiective design review standards in the Municipal Code, a housing development project approved pursuant to this Section must comply with all li le o aective ' and d standards the ' le under Governm Code Section 6585 including but not limited to the following standards for ministerial develo ment ro'ects. 1. Develo ment a. Exce t as otheise rovided herein units Standards shall not exceed 800 s are feet er unit and (Gov.Code,__!i shall cottmlv with Paragraph B. 65852.21)b. The floor area of the lareer unit in a dunlex develo ment ro osed ursuant to this Section shall be no more than 200 s uare feet g_r than_ the smaller unit of the____duplex development. c. Notwithstandim, sub'oaragraph (a), a dtmlex developed pursuant to this Section mav have a Floor Area Ratio of up to 45'/o of the net lot area lus an additional 5oo for roof overhangs, patios, porches, and other similar features not Substantiallv Enclosed, if it complies with the reauirements of Ordinance No. 21-2235 Page 18 Paragraph B and subtiaragraphs 2 through 16 of this Paragraph; provided, however, that a development proiect on a lot having a slope 30'/o or zreater shall not exceed the floor area allowed under Cha ter 19.40. However, under no circumstances shall the size of anv ministeriallv approved unit exceed 2 000 s uare feet. d. If proposine a two unit developm_ent, ___no more than 25o/o of the existins= exterior walls of an existin unit shall be demolished unless he site has not een occu ied b a tenant in the last three vears. e. If no dedication was re uired for creation of the lot, the moiect shall include a dedication to accommodate the predominant public ri ht of wa as determined b the Cit i Engineer, abuttine the corresponding lot line and fronta e im rovements includin curb eutter and sidewalk shall be installed bv the ffl 2. Second to a. The ratio of the second storv to first storv First Floor floor ar_ea shall not exceed 50'/__oexce_p_tth_at: Area Ratio:i. In all Rl zoning districts except the Rl-a district, th___eratio of the sec_ ond sto to first storv floor area mav be u'o to a maximum of 6_6%,if acombine_d_ first sto setback of 15 feet with no first sto side setback less than five feet and a combined second sto setback of at_least 25 _feet with no second stonr side setback less than 15 feet) and a rear setback of_25 feet is ro_v__,ided ii. In the Rl-a zonin district: 1. The maximum second storv to first ston floor area ratio is 40'/o of the existing or proposed first floor area but no lar5;;er than 500 sauare feet: 2. A second floor mav be at least 750 square feet in area but shall not in any _case exceed I 100 s uare feet if a_ Ordinance No. 21-2235 Page 19 combined first sto setback of 20 feet (with no first sto:tv side setback less than ten feet), a combined second story setback of 35 feet with no second sto side setback less than 15 feet) and a rear setback 40 feet is rovided. b. Interior areas (measured from the finished floor to th_eto'c_of_ __the roof rafter_sl _w_ith heiehts ereater than 16 feet shall be double counted as floor area as follows: i. For one sto homes the floor area shall be double counted as first floor area. ii. For two to homes the floor area shall be ' counted once each for first and second floor _lea. 3. Setbacks:a. _M_i_nimum_first floor front setback is 20 feet, except as othemise reauired in a tract map or zonin ma exce t that: i. In the Rl-a zonin district the re uired minimum front setback is 30 feet. ii. Gara es with u to two arkin s aces shall be s_eiback two additional fe_et from the face of the livine area of the unit, not includin a front ent feature or orch. iii. Third car ara e s aces: 1. On lots when the earaee is visible f__rom_ the street: parking shall be provided in tandem or in a detached accesso structure at the rear of the ro _ 2. On flag lots or on side-oriented garaees located at the rear of the principal unit: a third parkim, space mav be onthe same wall plane as the other two k_ i_ b. Minimum second floor front setback is 25 feet exce'ot that: i. In the Rl-a zonin district the re uired _minimum front setback is 30 f et_. Ordinance No. 21-2235 Page 20 c, First and Second Floor side and rear vard setbacks: Minimum side and rear setbacks shall be four feet rovided however that: i. No setback shall be reauired for an existin structure or a structure constructed in the same location and to the same dimensions as an existing structure. ii. No new or exoa_nded structures shall encroach u on an existin ublic or private u_tlitv e__asements. iii. No setback shall be reauired froma shared new lot line between the two new lots created ursuant to an urban lot split under Government Code Section 66411.7 when more than one new mimarv dwelline unit is approved concurrentl with the lot s lit. d. Corner Trian le: No ortion of a structure shall be located within a corner triangle, provided that in no case a side yard setback of more than four feet would be re uired. e. Detached rima residential structures: Detached structures shall have a setback of five feet as measured between the eaves of th__e two structu_r_es. 4. Maximum a. Principal Dwelline units are limited to 28 feet, no more than two stories except that: i. In R-I Z nin Districts with "i" suffix buildines shall be limited to one stom (not to exceed 18 feetl. b. First floor buildine envelope: All the maximum exterior wall hei ht and buildin hei ht on sin le-sto structures and sin le- stom sections of two-stonr structures must fit into the buildinz envelope defined bv: i. A 9 foot hieh vertical line from natural erade measured at the monertv line; and Ordinance No. 21-2235 Page 21 ii. A 25 de ree roof line an le ro'ected inward at the 9 foot hieh line referenced c, Notwithstaridin the first floor buildin envelope, a gable end of a roof endosint= an unfinished attic space may have a maximum wall heieht of 13 feet to the peak of the roof as measured from natural erade. d. Second story building envelope: All the _m_a_ximum exterior wall hei ht and b_uildine heieht on two-storv sections of two-stom structures must fit into the buildituz _env_elope defined by: la i, A 15 foot hi h vertical line from natural erade measured at the propertv line; and ii. A 25 de ree roof line anr inward at the 15 foot hi h line referenced above. 5. Basements:Not allowed. 6. Landscapim=a, Landscanine:Allmoposedlandscanimshall and Privacy meet the requirements of Chapter 14.15 of the Protection:Munici al Code i, Front Yard Tree Reauired: A 24-inch box California native tree that tvoicallv erows to a ma_L_ureh_ei ht of more than 3 re uired for all two sto homes and must be nlaced_in_ _the center _50% of the front d ii. An existin mature tree in the front ard ____that is or can typically grow to a height of 30 feet of more and is located in the center 50% of the front vard can be used as the front vard tree, subiect to an ISA certified arborist certifving that the tree is in eood _health. iii. A cov_en_ant shall be_recorded to identif the front yard tree as a Protected Tree and notifying current and future property Ordinance No. 21-2235 Page 22 owners to retain and maintain the tree in good health. b. Privac Protection lantin for windows from second storvwindows shall be required in th_e__ _sa_memanner as r_equ_irea__Hr_su_antto ' Section !9_.2_8.070, except_as provided below: i. Windows or other openim,s in the wall with a side vard 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 d ii. Windows or other openines in the wall with a rear ard setback less than 25 feet shall have a minimum windowsill height of five feet one inch, or shall have obscure lass and be ino erable with a fixed d iii. Subsections a and b do not a l to skvliehts or windows which do not have views into an ad'acent side or rear ard or that face a street or anon-residential zoning district. iv. Minimum planter width required for rivac lantin shall be three feet. Emereencv access paths shall not be concurrent with areas designated as nrnt_in__e_ s. 7. Private open Each unit must movide at least 15'/o of the unit s'oace:floor area as_p_rivate open s_p_ace on the firs floor wi h no dimension less than 10 feet. 8. Permitted vard a. Fron_featur_e_s,but n_ot orches ma encroachments encroach into a reauired_ front var_a_s_etback ll__D to three fe_e_t_, b. May extend into a required yard a distance not exceedins_ three feet, c. No architectural fe_ature, _or combination th_ereof whether a__portion_ of a rinci al or accessorv structure, mav_ _extend c_loser____than three feet to ro er line. Ordinance No. 21-2235 Page 23 d. Architectural features mav not exceed 50% of the wall the are on as seen from the interior. 9. Second storv Not allowed. decks balconies or similar features that are no Substantiallv Enclosed 10. ' a. Ent features: standards:i. _A_ maximumof oneentn'j_e_ature per unit is allowed but no more than one entrv ' feature er stru ture shall be allowed. ii. _T_h_eent_ureshallbeori_e_ntedtoface the street and shall include a front entrv doora__lsoorien teh_e_st_____reet. iii, Maximum ent feature hei ht is as 14 _feet to thetoi__of__the plat_e. iv. If a dtmlex with attached units is ro osed a ro osed entr feature ma _incorporatetwoent_rancedoors for the two units. One of the entrance doors or a _coz_m_ o_no_j_n into a shared ent n_ortal shallbe orien_t_ed t__ofa_ce the street. v. _If_a__tmlexesare proposed on corner lots, the entrances to the two units shall be on different street frontages, except that if the corner lot fronts a maior collector, both the entrances may be located on the minor collector or nei hborhood street. b. If a front porch (not a front entrv feature) is nr_m_osed, chshall be____p_roportionatelv greater in width than in height. i, _Po_r_ch__elementsshallhavede_tail_in_ g 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 secon floor. Ordinance No. 21-2235 Page 24 d. New structures shall be designed/located in a manner that no more than 10oo of existine solar panel arrav on an adioinim nronertv is i:mnac_t__shade/shadow a_s demonstrated_b_y a shadow_ stud erforme_d_ bv a licensed eneineer aualified to mepare such studies. e. All new structures ro osed in the Rl-e zonine district shall meet the buildim design require_ments_inSe_c_t_ion_an_d shall meet the E__ichle__rdesieel_in__e_s. f. In the Rl-a zon_imr district,thesecona__storv shall not cantilever over a first story wall y; e. In addition to standards outlined in subsections (1) - (9) above, development on nrotierties with an average slope greater than 10'/o shall comply with Section 19.40.050(E), (F) a_nd (G) an_dSection 19.40.060(E) (H) (_?> aijJL h. 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 wallor ii. Be inset a minimum of three inches from the exterior finish of the structure. If recessed, _the _' sidin _ material shall cover the recessed edge faces and ' wrap toward the interior face of the window lazin or door b not less than two-inch de th. i. All earaee d_o_ors shall __bereces__sed a minimum of six (6) inches from the surro_undinsx buildin wall and shall inclu e trim of at least__oneanda ha!f_JL5) in__chesin i. Roof overhangs or building eaves shall be a minimum of 12 inches in width. Ordinance No. 21-2235 Page 25 k. Detached structures on a lot must use the same architectural stvle and materials. 1. W__he_ re the garage faces the side yard, but is visible from the street the ara e shall incorporate a window on the street front facade so that it aimears to be a habitable ortion of the house. The window st le must be the same as the windows on the habitable dwelline unit(s). m. Enclosed livin area shall be closer to the street than earage space. Garasxes shall be set b_a_ck_as i_d_entified in sub ara rap_h (3) above. n, No more than fiftv percent of the front elevation of a house shall consist of ara e i o, The maximum width of a garaee on the front elevation shall be 24 feet for a two-car ara e. D, Garaeedoorsfornomorethantwocarsnaces shall be visible from the public rieht of wav. q. Outdoor li htin shall com I with the reauirements of Chapter 19.102. r. The elevation facin a street shall incoroorate 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 combirxation of roofing elements (e.g. hip and gable roofs), dormers chan e in architectural materials guoins a ce'nt tiles or an accent window inset ereater than six inches. Windowsills, door or window trim, and roofine materials do not count as one of the features. s. Gable ends and dutch gable ends taller than thirtv inches shall include at least one element of architectural interest such as: s a wall offset with corbels, brackets or change in materials; ii louvered wood or metal_vents; s clay o_r _terracott_a tilevents; Ordinance No. 21-2235 Page 26 u accent tile decoration; ii medallion decoration; a metal rilleo ii a change in architectural materials; ffl incorooration of corbels; ii decorative able edimentsa ii eyebrow trellises or pergola structurally atta_c_hedtothe buildin or s windows/ lazin . t. Stone veneer or accent materials _used as a wainscot on a s_tre___etfacing facade sh_all b_e_ wra e around to the side fa a e and end at a los=ical terminus, such as a fence line or a u. Stone__veneer or an other sidin material_ wrapped on columns shall terminate at the floor. 11. Accessorv a. Allowed pursuant to the reauirements of buildins=s/Chanter_ IL__,.100 exce t that Accessow structures:Dwelline units or Tunior Accessorv Dwelline units shall not be ermitted on an lot in the R-I zonine district if a Jot split has been approved pursuant to Section 18.12.70 and unit s have been a roved for c nstruction pursuant to Section 19.28.150 on each Iot. b. Limited to one storv (not to exceed 15 feet) c. Accessorv Dwellim. Units shall meet subsections I and 2 above and sh II additionall be in com liance with the reeu_lations of Cha ter 19.112. d. Air conditionim. units and similar mechanical equipment such as generators, sum um s heatin and ventilation eaui'o_ment shall be round-mountedand screened from public view or unders;rround, and shall meet accessorv structure setbacks and adhere to the requirements of Chapter 10.48 of the Munici al Code_ 12. Fences Shall __comol__ with the re uireme___ntsof Chanter_l9.48_o_f theMuni_cinaLC_ode. Ordinance No. 21-2235 Page 27 13. Refuse a. A minimum 8 foot b 3 foot s ace er unit rec clin and not visible from the street, shall be provided ____other inaninterior ard behind afence. containers b. This area shall not be concurrent with anv emereencv access 'oathwav reauired bv the Fire Depar_tment. 14. a. Units shall have at least one off-street parkine space, exce'ot that parkinz requirements shall not be imposed in either of the followin instances: i. The narcelis I_ocated_within one-h_alf mile walking distance of either a high-aualitv transit corridor, as defined in Public ' Resou_r_ces Code Section 21l_55__o de or of a maior transit stop, as defined in _Pu_ blic Resources Code S_e_ction21064_.3. ii. There is a car sha_re vehicle located within one block of the arcel. a. Parkina space(s) shall be provided in an enclosed ara e encom assin 10' b 20' y_ace for each _s_p_a_ce_. b. When additional enclosed parking space(s) is/are rovided the s ace s shall meet the reauirements of Chapter 19.124. 15. Driveway and a. A one car drivewav shall be a minimum of 10 curb cuts:feet in width and a maximum of 12 feet in width. b. A two car drivewav shall be a maximum of 20 feet in width. An third or more drivewa s aces shall be in tandem. c. Subnaraeranhs a and b do not a'o'olv to the flae lot access area. d. A maximum 18' foot wide curb cut when a two car curb cut is permitted, shall be allowed. e. A maximum 12' foot wide curb cut when a one car curb cut is ermitted shall be allowed. Ordinance No. 21-2235 Page 28 16. Short Term No resi_d_ential u__nit cre_ated__nurs_uan_t tothis _Rentals Section ma be rented for a term of 30 da s or Prohibited:___less. F. This Section shall remain in effect until such time as Government Code Section 65852.21 is repealed or superseded or its requirements for ministerial approval of housirrg development projects are materi.ally en whether I " or initiative or are held to be unenforceable by a court of competent jurisdiction, at which time this Section shall become null and void. G, An dw unit p v t to this Section hall be a eli I for conversion to a condominium, community apartment, or stock cooperative ro,aect. An, a lication for a tentativesubdivision ma or tentative arcel map for a residential condominium conversion of a unit created pursuant to this Section shall be denied the ent of Comm ' Develo merit. 11. Amend Section 19.40.050 of the Cupertino Municipal Code to read as follows: A. Density 1. Dwelling Unit Density 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 properF5r outside any approved subdivision or parcel map boundary. B. Minimum Lot Axea 1, By zoning district symbol: Lot area shall correspond to the number (multiplied by one thousand 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.) Ordinance No. 21-2235 Page 29 RHS-218: Minimum lot size of 218,000 square feet (218 * 1,000 s.f.) 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 lot area shall be 10,000 square feet for each unit in a clustered subdivision. 3. Subdividable ' lots Lot size zoning designation shall be assigned at time of subdivision for properties 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. Each resulting lot shall be at least 40'/o of the size pursuant to of the original lot being split. Government b,Each resultin lot shall share one common Code Section drivewav. If an existim. drivewav or curb cut ______64411.7 exists, a new driveway or curb cut location shall not be a roved. c, Up to two new property lines may be added to _c_reate a new lot and must follow_ the co_ntours of the propertv. d,If in an area where direct sanitary sewer connection i unavailable a ercolation test com leted within the last five ears or if the percolation test has been recertified, within the last 10 vears, must be provided. e, Buildin ads shall be identifie_4 on the flattest ortion of the resul_tin lots closest to an existin or ro osed new drivewa . C. Minimum Lot Width a. 70 feet at front setback line. b. No minimum lot width for lots served by private driveway and which do not adjoin a public street. Ordinance No. 21-2235 Page 30 D. Development on Substandard Lots ' A Hillside Exception shall be obtained to construct structures or improvements on existing vacant Iegal lots, except where 'tyrohibited bv 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 aitd planted with landscaping which meets the requirements in Section 19.40.050G _c. For each of the lots developed or created pursuant Grading to Government Code Section 64411.7 _a Quantity cumulative total of 1,250 cubic yards, cut plus fill (including_gra_:fo__rbuild_ip_a____,d yardareas drivewav, all other areas reauiring gradim., and basements exce t if the ori inal lot that was subdivided has alreadv performed mior uadine, then the amount of eradine that has previous_lv i- occurred shall be reduced from the maximum gradimr auantitv allowed cumulativelv onthe tw resultin Jots. 2. Graded Area ;4 Shall be limited to the building pad area to the greatest extei"it possible. __b.For lots dev__d or created ursuant to Government Code Sections_6441l.7and 3_5852.21, graded areas aye limited to within 50 feet of the buildin ad area. 3. M Common Driveways Grading quantities shall be divided equally among the participating Jots. 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. Ordinance No. 21-2235 Page 31 4. Flat Yard Area .a. Limited to a maximum of 2,500 square feet, excluding driveways b.For lots developed or created pursuant to Government Code Section 64411.7, limited to a maximum of 1250 s uare feet er lot excludin drivewavs, except as limited bv subsection m. 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 Shall be prepared by a licensed landscape architect to: .a. Screen the residential structures to the greatest possible extent from the followim. mominent intersections. For proiects pursuant to Government C__ode__Section 65852.21, no more than 10% of the structure shall be visible from the _follo__w_ine mominent_intersections: I Tvyy I)lay+;yrr i. Foothill Boulevard and Cristo Rev Drive 0 &ll L &-l % b PIAII ii. Foothill Boulevard and Alpine Way iii. Bellevue and Carmen Road iv. Linda Vista Drive and Hvannisnort Ave v, H annis rt Ave and Bubb Road vi. Rainbow Ave and We moth Drive. A visual simulation from each of the intersections above shall be 'provided to indicate compliance. _b. Reintroduce trees on barren slopes which were denuded by prior agricultural activities Must comply with the Chapter 14.15, Landscaping Ordinance and Wildlaitd Urban Interface Fire Area (WUIFA) requirements. At least 50oo of the front ard area shall be 2. Landscape Requirements la_nd_sc_ap_ed (i.e.,nothardsca'oed) 3. Installation of Landscape Improvements Must be installed prior to final occupancy unless it is not practicable. If not installed, the applicant shall post a bond, cash or other security to cover the cost Ordinance No. 21-2235 Page 32 ,of installation within an 18 month period from occupancy. 4. Landscape Maintenance All such landscape areas shall be properly maintained in conformance with the requirements of Chapter 14.15, Landscape Ordinance. 5. Native Trees Should 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 shall 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. All 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 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 > MayShall not further encroach into the site line. For example, the addition may not add height or bulk wl"fflch 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, Ordinance No. 21-2235 Page 33 provided that no discretionary exemption process is allowed for ro'ects seekin a roval under Government Code Section 65852.21. I. Development on Slopes of > 30o/0 4 Hillside Exception required for all grading, structures and other development > 500 square feet, except that on lots develoied or created pursuant to Government Code Sections 64411.7 and 65852.21 radin buildin ads for structures and other develo'oment is limited to a maximum of 500 square feet. _b. If the lots develo ed or created ursuant to Government Code Sections 64411.7 and 65852.21 have no areas with slopes less than 30'/o that can accommodate up to two units 800 square foot each, eradins= and buildine pads for structures is limited to 800 sauare feet. No other development shall be permitted on such lots (e.g. development for flat 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 linl<age is identified across a property being developed, development shall not take place within that area unless approved througli the exception process except that on lo_ts___de or created ursuant to Government Code Sections 64411.7 and 65852.21, no development mav occur in an area where a trail linkaee 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. 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 Ordinance No. 21-2235 Page 34 may confer with the building permit applicant to discuss alternate means of preventing privacy intrusion and nreservine views except that for lots develo ed or created ursuant to Government Code Sections 64411.7 and 65852.21, 'privacy protection p_lantin as reauired ursuant to Section 19.28.120 is re uired for views from the second story into adioining side or rear yards. Windows or other open_in_e_ s_ i_n the w_al!_with a s__ide vard setback less than 15 feet or a_r_edsetback less than 25 feet shall have a minimum windowsill heieht of five feet one inch, or shall have obscure elass and b_e ino erable with _a fixed ane s . 12. Amend Section 19.40.060 of the Cupertino Municipal Code to read as follows: Ordinance No. 21-2235 Page 35 Table 19.40.060: Building Development Regulations A. Floor Area Ratio (FAR) a. Exc_ept as othetwise provided herein, a ministeriallv a'oproved housing development proiect approved pursuant to this Section shall not exceed 800 square feet per unit.I b. Notwithstandim, Paragaph (ai a ministeriallv a'onroved housine development annroved pursuant to this Section mav have a floor area as calculated in subsection (c) below,_if it com lies with the re uirem_ents of this Sectiorr rovided however that if the h_ousin develo ment is on a arc3_l created b a ministerial lot s lit under Chapter 18.20.170, the maximum allowable floor area for the original lot shall be 1. Maximum Allowable _allocate__dto each resultin lot e ual o th_e_nate size of each resultin_ lot to $__al lot. However under n cir_cumstances_shall the size of ministeriall. annroved_unitsexceed200eet. l)evelopment 4 For projects not subject to ministerial approval under Paragraph (a) or (b), maximum allowable development shall be the lesser of: b i, 6,500 square feet; or k ii.4,500 square feet plus 59.59 square feet for every 1,000 square feet over 10,000 square of net lot area, tiines the slope adjush'nent factor pursuant to Section 19.40.060(A)(2)' Net Lot Area - 10000 "Tormula = (4,500 + (59..5';1)) 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 iit anowable 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% 23%19.5% Ordinance No. 21-2235 Page 36 24%21% 25%22.5% 26%24% 27%25.5% 28%27% 29%28.5% c. Average Slope > 30% Allowable floor area sban be reduced by a constant 30 percent F>lope Adjushne.i'it 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 cluster 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 calculating 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 I portions of structures taller than 20 feet) 1. Front-yard a. Slope S 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 b. Street Side on Corner Lot 15 feet 15 feet 20 feet Ordinance No. 21-2235 Page 37 c. Lots develo _ed pursuant t_o Government Code Section 4 __feet 4feet 4 feet ,65852.21 3. Rear-yard 20 feet 25 feet 25 feet a. Lots develo'oed pursuant to Government Code Section 4 feet 4fee_t 4 feet ,65852.21 D. Second Story Decks and Patios Minimum Setbacks First Ploor 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 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 inches for 75% of the second story downhill facing wall plane shall be setback and ii. Not less than _xfive feet offset. iii. The remaining 25% may not extend past(can___tilev_erov__e_rl the first story wall plane. b. Multiple Downhill Facing Wall Planes Offset shall 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 porches. ii. Roof of the porch must match, in pitch 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 which it is located to be a uali_f_yi__n_a offsetfea_fure. 2, Maximum Exposed Wall Height on Downhill Elevation 15 feet F. Permitted Yard Encroachments Ordinance No. 21-2235 Page 38 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 encroadnng side of the existing structure may be extended along existing building lines. b. Only one such extension sliall 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 a_ny properff line. f. Shall not a I to ro erties develo ed or created ursuant to Government Code Section 65852.21 and 64411.7. 2. Architectural Features a. May extend into a required 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 tlian three feet to any property line. c. Second sto decks or balconies ma not further encroach into a reauir__ed setba_c__k_than allowed in Subsect_ion I)_, > As allowed by Chapter 19.100, Accessory Buildings/Structures b. Lots created and developed with unit(s) pursuant to Government Code Sections 64411.7 and 65852.21 may not develop an_ Accessorv Dwelline Unit or Tunior Accessorv Dwelling Unit. ('_ A rrycots-*qv Q*viirhyoc c. Air__cond_i_ti units and similar mecha_nical_equipment such %_J i 1 JL & & & LI LJ kl Jk J I.j & JL k & & 34 k %% 11 !inrlnrlino *++:qrhpvl n*+in rnvrh'rqS as enerators sum um s heatin and ventilation e ui ment % Jk lk k l- .L &L l lJk L b I-L & & l lk L %aL F &Jk 11 %J V Ll / shall be round-mounted and screened from u lic view or under_mound,_a_nd shall meet accessorv_structure etbacks and adhere to the reauirements of Chapter 10.48 of the Munici'tial 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. Ordinance No. 21-2235 Page 39 b. Building Mass and Roof Pitches The main buiIding mass shall be on the upslope side of the building and the roof pitches 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 pattems 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 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. ' All roaects shall strive to attain exce t that ro'ects ursuant to Government Cod__e_ Section 65852.21 shall attain the followine standards: a. No more than 50oo of the fa ade visible from the ri ht of wa shall com rise the ara e. b. A two car earaee face shall not exceed 24 feet and a one car A narazpc garage face shall not exceed 12 feet. "a ---5-- c. Garages visible from the right of way shall be setback a minimum of two feet from the livable areas of the home exce t if onl the ara_ge_q_d/orth_e_._entranc_e 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 accessorv structure. Ordinance No. 21-2235 Page 40 ' All proiects shall strive to attain, except that proiects pursuant to Government Code Section 65852.21 shall ttain the followin standards: a. Onlv one ent_rneature shall be nermitte_dner s_t__ructure and onl Q ny+'rty Tiza+tv'poc one entrv feature shall be visible from the public street. " "" y " -""-" b. Duplexes shall have entrances to each unit on different c. Entrv features shall be limited to 14 feet in height from the natural grade to the top of wall plate. 6. Uncovered/exte_rior stair_cases Not allowed. I. Geologic and Soils Reports 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 which: 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 tlie following: i. The improvements include increasing the occupancy capacity r'J 4-'l'iz_ arayoll;'>rr ctthh ac aiarl:yrr Q 1'lar4Ynt')fll l"lf 4 1, Applicability U 1 Ll IC 11 VV C 1lp L6 t) Llt_l l at) aLLLL 11 L25 a Ij (Al1 IJ(.1 11 L IJ 1 J Acc sso D ellin 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 tlie existing improvements as determined by the $§ based on current per foot value of the proposed structure to the existing structure's value on a parcel of properff. For the purposes of this section, the value of existing improvements shall be deemed to be the estimated cost to rebuild the improvements in kind, which value shan be determined by the % %. Ordinance No. 21-2235 Page 41 2. Content of Reports These reports shall contain, in addition to the requirements of Chapter 16.12 of this code, the following: a. AII pertinent data, interpretations and evaluations, based upon the most current professionally recognized soils and geologic data; b. The significa_nce 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 expaitsive soils or other unstable soil conditions which if not corrected may lead to structural damage or aggravation of these geologic problems both on-and off-site; c. Recommendations for corrective measures deemed necessary to prevent or significantly mitigate potential damages to the proposed project a_nd adjacent properties or to otherwise insure safe development of the properff; 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, tmon a third_i_nartv 'teerreview of the re orts rovided__atthe annlicant's cost, prior to buildine permit issuance. J. Private Roads and Driveways 1. PavementWidthandDesign The pavement width and design for a private road or common driveway serving two to five lots and a single-lot driveway shall 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 adjoining 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. Ordinai'ice No. 21-2235 Page 42 I K. Solar Design I 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 adjoinii'ig 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 elieible for such a discretionarv permit. For lots developed pursuant to Government Code Section 65852.21, unon develonment of the Jot, appropriate public right of way L- Off-street Imorovements ya _r- dedications shall be made to accommodate the medominant width of the street and street improvements shall be installed to the Public Works De artments standards. M. Short Term Rentals No residential unit created pursuant to Government Code Section Prohibited.65852,21 may be rented for a term of _30 days or les_s. 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. A. Miscellaneous Ministerial Permit Required. The Director of Communi Devel ent shall ministeriall e u to two residential units on a parcel in an RHS residential hillside zoning district if the proposed housing development meets the requirements of Government Code Section 65852.21 and complies with all app]icable o " e ' stan o 'ective subdivision standards and obaective desi n review standards. B. The of Communi Dev t shall all o oective standards ob'ective on dards and objective design review standards in the Municipal Code, Genera.l Plan, any applicable specific plan, and other objective land use specifications that do not conflict with the ' ts of Government Code Section 6585 inclu not limited to the standards for devel ent aects in Section 19.40 050 and 19.40.060. C. Devel Notwithstanding Paragraph A, the Director of Community entma den ' d ent 'ect under Ordinance No. 21-2235 Page 43 this Section if the Building Official makes a written finding, based upon a preponderance of the evidence,, that the proposed housing develo ment roiect would have a ecifi adverse im a as defined and determined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse D. A lication and Fees. An lication on a form made available 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 sufficientl recover the cost of administerin the re uirements of this section. The application shall be accompanied by all technical reports, plans and information required to make a determination on the ro osed roaect. E, 0 aective and Approved Housin54 Development Proiects. In addition to any applicable %ezonin standards obaective subdivision standards and %ve design review standards in the Municipal Code, a housing develo ent 'ect ed t to this Section m com I with all applicable obiective zoning and design standards to the maximumextent ermissible under Government Code Section 65852.21 including but not limited to the standards for ministerial development proiects in Section 19.40.050 and 19.40.060 and the following: 1. Basements Not allowed. 2. Balconies Not allowed. decks or other similar structures 3, Desi n a. Windows and doors shall either: Standards i. Have a minimum three-and-one half inch in width bv three-auarter inch in depth trim when motrudine from the wall or ii. Be inset a minimum of three inches from the ex erior finish of the structure. If recessed, the mimarv sidim= material shall cover the recessed edee faces and Ordinance No. 21-2235 Page 44 I wra toward the interior face of the I window elazine or door bv not less than I two-inch de th. Ib. All earaee doors shall be recessed a minimum ( of ';i_x _77(6) inche_s _ from the surrounding I uildin wall and shall include trim of at least I one and a half (1.5) inches in depth. Ic. Roof overhangs or buildim, eaves shal___lbe_a I minimum of 12 i_nches in wa___idth. Id. Detached structures on a lot must use the I same architectural stvle and materials. le. Where the ara e faces the side ard but is I visible from the street, the garage shall I incor orate a window on the-street front I facade so that it appears to be a habitable I portion of the house. The window stvle must I be the same as the windows on the-habitable I dwellim unit(s). If. Garaee doors for no more than two car spaces I shall-be visible from the ublic ri _ht of wa . la. The elevation facing a street shall incomo;ate l- at least four architectural features such as ba I windows or an entrv feature, and/or elements I of architectural interest, such as wall insets or I offsets Ianters railin s trellises a I combination of roofing elements (e.s=. hip and I xable roofs), dormers, change in architectural I '-' - materials uoins accent tiles or an accent _win_do_w_ in_set reater than six inch_e_s, Windowsills, door or window trim, and _roof_in_g_ _mate_rials do not count as one of th_e features. h. Gable ends and dutch gable ends taller than thirtv inches shall include at least one element of architectural interest such as: ffl a wall offset with corbels, brackets or change in materials; ffl louvered woo or metal vents" 'a cla or terraco ta tile vents' a ac__c__ent tile decoration; Ordinance No. 21-2235 Page 45 ii medallion decoration: a metal illeo ffl ________achange in architectural materials; s incorooration of corbels; ffl decorative able ediments' ii row trellises or pergola structurally attached to the buildine or a windows/elazins=. i. _Ston_e_ _v_eneer or accent materials used as a wainscot on a street facin fa ade shall be wrap'oed around to the side facade and end at a logical terminus, such as a fence Iine or a 4 i, Stone veneer or anv other sidim, material wrapped on columns shallterminate at the floor. 4. Private Open Each unit mus_tprovide_at__!_e_ast 15% of the unit .floorare_a_as private open space on the first floor, with no dimension less than 10 feet. 5. Refuse,a. A minimum 8 foot bv 3 foot s'oace per unit, not rec clin and visible from the street shall be rovided in an other containets _interior vard behind a fence. b. This area shall not be concurrent with an emereenc_v_ a__cces_a__thwui_red bv the Fire Department. 6. Parking a. Unit_ss_hal_l_haveatleastone___off-street arkin s ace exce t that arkin re uirements shall not be imposed in either of the followinx 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 ofamaior transit stop, as defined in Public ____________Resources Code Section 21064.3. ii. T__h_e_re is a car share vehicle located within one bl_oc_kof_ b. Parking___sp_a_l be rovided in an enclosed ara e encom assin 10' b 20' s ace for each s ace_. Ordinance No. 21-2235 Page 46 c. When additional enclosed parking space(s) I is/a_rovided_, the space(s) shall meet the I req_ements of Chapter 19.124. F. This Section shall remain in effect until such time as Government Code Section 65852.21 is re eal3dor su erseded or its requirements for ministerial approval of housing development projects are materially amended, whether by legislation or initiative, or are held to be unenforceable b a court of com etent 'urisdiction, at which time this Section shall become null and void. G. Any dwelling unit approved pursuant to this Section shall be ' le for conversi to a cond commuru a artmen or e An lication for a tative a ' on map or tentative parcel map for a residential condominium conversion of a unit created t to this on shall be denied the Department of Community Development. 14. Add a new Section 19.I'l2.060 of the Cupertino Municipal Code to read as follows: 19.112.060 Accessory DwelZing Units Prohibited on Certain Lots. Notwithstanding Government Code Section 65852.2 or 65852.22 or any provision of this Chapter, no accessory dwelling unit or a junior accessory dw ' unit be ' on an lot in ' e- ' residence district -1 or RHS if a lot lit been a roved t to Section 18.12.70 and one or more residential units has been approved for construction pursuant to Section 19.28.150 or 19.40.090 (Government Code Section 65852.21 . Section 4. Development standards and other provisions to implement the provisions of Senate Bill 9 allowing for ministerial approval of housing development projects and lot splits in single family residential districts are necessary to protect public health, safety, and welfare of residents of the City of Cupertino. The City Council therefore finds that an interim ordinance adopted pursuant to Government Code Section 65858 is necessary prevent a current and imminent threat to the publig health, safety, and welfare. Ordinance No. 21-2235 Page 47 Section 5. If any portion of this Ordinance or its application is for any reason held to be invaIid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality 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 Councilhereby declares thatitwould 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 invaIlid, unenforceable or unconstihitional. Section 6. Under Government Code Sections 66411.7(n) and 65852.21(j), an ordinance adopted to implement the requirements of Senate Bill 9 shall not be considered a project under the California Environmental Quality Act ("CEQA"), Public Resources Code Section 21000 et seq. Public Resources Code. The Ordinance is therefore exempt from CEQA. Section 7. This ordinance is adopted pursuant to Government Code Section 65858 and shall take effect on January 1, 2022. Introduced and adopted on this 21"' day of December, 2021, at a Regular Meeting of the City Council of the City of Cupertino by the following roll call vote: Vote AYES: NOES: ABSENT: ABST AIN: Members of the City Council Paul, Chao, Moore, Willey Wei None None SIGNED: - _/ / 7/ 2 €) 12_ 6arcy Paul, May€ City of Cuperhno Date ATTEST: I As-- =/ /// /'11_ Ki"rstenSquarcia, Q't'rClerl<Date Ordinaiice No. 21-2235 Page 48 APPROVBD AS TO FORM: Christopher D. Jensen, City Attorney Date Christopher D. Jensen Jan 11, 2022 Ordinance No. 21-2235 Final Audit Report 2022-01-11 Created:2022-01-11 By:Araceli Alejandre (aracelia@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAApMbtE4zbUgyn8hid38U2Z5oFeMcnxGeN "Ordinance No. 21-2235" History Document created by Araceli Alejandre (aracelia@cupertino.org) 2022-01-11 - 9:34:37 PM GMT- IP address: 73.170.27.253 Document emailed to Christopher D. Jensen (christopherj@cupertino.org) for signature 2022-01-11 - 10:58:49 PM GMT Email viewed by Christopher D. Jensen (christopherj@cupertino.org) 2022-01-11 - 10:59:55 PM GMT- IP address: 104.47.45.254 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2022-01-11 - 11:00:20 PM GMT - Time Source: server- IP address: 136.24.42.212 Agreement completed. 2022-01-11 - 11:00:20 PM GMT 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. 21-2235 which was enacted on December 21, 2021, 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 11th day of January 2022. ____________________________________________ KIRSTEN SQUARCIA, City Clerk and Ex-officio Clerk of the City Council of the City of Cupertino, California