CC Ordinance No. 22-2238 An Interim Ordinance of the City Council of the City of Cupertino Extending Interim Ordinance Number 22-2235 Adding or Amending Cupertino Municipal Code Sections 18.20.170, 19.08.030, 19.INTERIM ORDINANCE NO. 22-2238
AN INTERIM ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF CUPERTINO EXTENDING INTERIM ORDINANCE
NUMBER 21-2235 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 STANDARDS FOR
MINISTERIAL APPROVAL OF DUPLEXES AND LOT SPLITS IN
SINGLE-FAMILY RESIDENCE DISTRICTS
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
MCA-2021-005
City of Cupertino
Single-Family Residential Districts Citywide
SECTION II: RECITALS
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
Government Code, relating to land use; and
WHEREAS, SB 9 require 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 further require a local agency to ministerially 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 wished 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. 22-2238
Page2
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;
and
WHEREAS, on December 21, 2021, the City Council adopted Interim Ordinance No. 21-
2235, which included objective standards for ministerial approval of up to two dwelling
units on a parcel and for approval of lots splits pursuant to SB 9; and
WHEREAS, Interim Ordinance No. 21-2235 was effective immediately, and will expire
on February 4, 2022 absent further action by the City Council; and
WHEREAS, pursuant to Government Code Section 65658(a), the City Council may,
following a public hearing, extend the effective date of the Interim Ordinance for a period
of 10 months and 15 days; and
WHEREAS, the continued implementation of the standards and requirements set forth
in the Interim Ordinance remains necessary to protect the health, safety, peace, morals,
and general welfare of Cupertino residents, consistent with the requirements of State law.
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 Municipal 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.
The proposed amendments have been adopted in accord with the requirements of Title 19, and
are proposed to implement SB 9 in a manner that is consistent with the requirements of the City's
General Plan and internally consistent with Title 19.
2. The proposed zoning is in compliance with the provisions of the California
Environmental Quality Act (CEQA).
Ordinance No. 22-2238
Page3
Under Government Code Sections 66411.l(n) and 65852.21(j), an ordinance adopted to
implement the requirements of SB 9 shall not be considered a project under CEQA. The proposed
ordinance is therefore exempt from 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 proposed ordinance amendments are not being applied to any specific site, nor is it reasonably
foreseeable which specific sites may elect to utilize the proposed ordinance amendments.
4. The proposed zoning will promote orderly development of the City.
The proposed ordinance is intended 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.
The proposed ordinance amendments are not being applied to any specific site, nor is it reasonably
foreseeable which specific sites may elect to utilize the proposed ordinance amendments. The
proposed ordinance will 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 in those districts.
Section 3. The City Council hereby approves the following amendments to
the Cupertino Municipal Code:
l. Add a new Section 18.20.170 of the Cupertino Municipal Code to read as
follows:
18.20.170 Ministerial Approval of Urban Lot Splits.
A. The Director of Community Development shall ministerially
approve a parcel map application for an urban lot split if it meets the
requirements of Government Code Section 66411.7 and conforms to all
applicable objective requirements of the Subdivision Map Act
(commencing with Government Code Section 66410). No public hearing
shall be required. Notice shall be provided to adjacent property owners
{including those across any public or private street) fourteen days prior
to any action on the proposed project. The decision of the Director of
Community Development shall be final.
Ordinance No. 22-2238
Page4
B. The Director of Community Development shall require an urban
lot split 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, including but not limited to the objective subdivision
standards in Paragraph G.
C. Notwithstanding Paragraph A, the Director of Community
Development may deny an urban lot split proposed pursuant to this
Section, if the Building Official makes a written finding, based upon a
preponderance of the evidence, that any housing development project
proposed in connection with the lot split would have a specific, adverse
impact, as defined and determined Section 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 impact.
D. In addition to any 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
map for an urban lot split pursuant to this Section:
1. Easements required for the provision of public services and facilities.
2. A requirement that the parcels have access to, provide access to, or
adjoin the public right-of-way.
E. Any lot created pursuant to this Section shall be limited to
residential uses.
F. Grading. Grading activity shall not result in a change in the natural
grade by more than 6-inches from existing natural grade, as demonstrated
by a grading and drainage plan prepared by a registered civil engineer,
unless required to by the City Engineer;
G. An applicant for a lot split shall provide proof that the property has
not been occupied by a renter in the three years preceding the application
to the satisfaction of the Director of Community Development.
Ordinance No. 22-2238
PageS
H. An applicant for a lot split pursuant to this Section shall sign an
affidavit stating that the applicant intends to occupy a housing unit on
one of the lots created as their principal residence for a minimum of three
years from the date of the approval of the urban lot split; provided,
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.HaHll)(C)(ii), or is a qualified nonprofit corporation, as described in
Revenue and Taxation Code Section 214.15.
I. · Objective Subdivisions Standards for Ministerially Approved
Lot Splits. In addition to any applicable objective subdivision standards
in this Title or the Subdivision Map Act and the requirements of
Government Code Section 66411.7, a lot split approved pursuant to this
Section must comply with the objective subdivision standards to the
maximum extent permissible under Government Code Section 66411.7,
including but not limited to objective standards for ministerial lot splits
set forth in Sections 19.28.050 and 19.40.050.
T. This Section shall remain in effect until such time as Government
Code Section 66411.7 is repealed or superseded or its requirements for
ministerial approval of lot splits are materially amended, whether by
legislation or initiative, or are held to be unenforceable by a court of
competent jurisdiction, 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 projecting window element that is not an
extension of the floor area and does not incorporate any useable space
for seating or other purposes.
"Duplex" means a buildingresidential development, 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.
"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;
Ordinance No . 22-2238
Page6
2. Base of stairwells;
3. Base of elevator shafts;
4. Services and mechanical equipment rooms;
5. Interior building area above fifteen feet in height between any floor
level and the ceiling above;
6. Residential :ghasements in the A, Al. Rl and RHS zoning districts
with lightwells that do not conform to Section 19 .28.070(1);
7. Residential basements in the Rl and RHS zoning districts on
projects pursuant 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 :gbasements in the Rl and RHS zoning districts with
lightwells that conform to Section 19.28.070(!);
2. Required blightwells;
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.
"Gable end" means the exterior wall that supports pitched roofs and is
generally triangular in shape.
"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.
Ordinance No. 22-223 8
Page7
Type of Permit
or Decision A, 8
Miscellaneous
Ministerial
Permit
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 lot" means a lot other than a comer 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 line of the corner lot, and fronting on
the street which intersects or intercepts the street on which the corner lot
fronts.
5. "Pie-shaped lot" means an interior lot where the front lot line abuts a
cul-de-sac. is 20% or more shorter than the rear lot line or the lot has five
or more lot lines.
"Substantially enclosed" means an area that is covered by a roof or
ceiling that is not more than 50% open to the sky/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
inches. decorative arches or trellises. Railings and trellises shall have a
visual transparency of more than 50%.
3. Amend Section 19 .12.030 Approval Authority, subsection R-1 Ordinance
Permits to add the following:
Public
Adminis Design Hearing/ Posted Expira Planning City Public Noticing trative Review Site tion Commission Council Meeting/ Radius 0
Review Committee Notice Date E Comment
Periodc
I ---None Adjacent Yes 1 year = = =
4. Amend Section 19.12.030 Approval Authority, subsection R-1 Ordinance
Permits to add the following:
Chapter/
Findings
19.28.150
Ordinance No. 22-2238
Page8
Type of Permit
or Decision A, 8
Miscellaneous
Ministerial
Permit
Public
Adminis Design Hearing/ Posted Expira Planning City Public Noticing trative Review Site tion Commission Council Meeting/ Radius 0
Review Committee Notice Date E Comment
Periodc
Not allowed
5. Amend Section 19.12.ll0F of the 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 with the requirements of Table 19.12.030.
a. Applicants must install a site notice in the front
yard of the subject site.
b . For all applications other than Two Story Permits,
Residential Design
Review, Miscellaneous Ministerial Permits, 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, 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. if any, has passed.
4. The notice shall contain the following:
Chapter/
Findings
Ordinance No . 22-2238
Page9
a. The exact address of the property, if known, or the
location of the property, if the address is not
known;
b. A brief description of the proposed project, the
content of which shall be at the sole discretion of
the City;
c. City contact information for public inquiries;
d. A deadline for the submission of public comments;
e. If proposing a physical alteration to an existing
building or new buildings, at least one of the
following visual representations of the proposed
project:
i. A color perspective drawing or three-
dimensional (3-D) photographic simulation of
the proposed project, in a size deemed
appropriate by the Director of Community
Development.
ii. For 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.
111 . 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. Miscellaneous Ministerial Permit: For projects requiring notice of a
Miscellaneous Ministerial Permit. notice shall be mailed in accord with
subsection 19.12.110A(4) and posted on the property. fourteen calendar
days prior to the date of action on the application.
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,
Ordinance No . 22-2238
Page 10
or any determination or interpretation related to any provision of this
title. No appeal 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 Approval Type of Project
to building permit application authority
A.None One-story single-family project that does
not require exception or variance from the
requirements of this ordinance
B. Minor Residential Permit, 1. One-story encroachment into a
pursuant to Chapter 19.12, required rear yard setback, subject to
Administration 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
Admin.
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
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 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
Ordinance No. 22-2238
Page 11
Planning permit required prior Approval Type of Project
to building permit application authority
C. Director's Minor
Modification, pursuant to
Chapter 19.12, Administration
D. Two-Story Permit, pursuant to
Chapter 19.12, Administration
E. Residential Design Review,
pursuant to Chapter 19.12,
Administration
F. Exception, pursuant to
Chapter 19.12, Administration
& Section 19.28.130,
Exceptions
G. Hillside Exception, pursuant
to Chapter 19.12,
Administration
Admin.
with
design
review
DRC
with
design
review
DRC
PC
slopes equal to or greater than 20% and
with total floor area ratio of all
structures on the lot greater than 35%
Encroachment of porch elements into the
required front yard setback in the Rl-a
zone, subject to the requirements of Section
19.28.100.
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 Rl-a zone.
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 . Where second story side yard
setback(s) are less than 15 feet to any
interior side property line
Two-story addition, new two-story home,
and/or second story deck in the Rl-a zone
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].
Development (area greater than 500 square
feet) on slopes greater than 30%
Ordinance No. 22-2238
Page 12
Planning permit required prior Approval Type of Project
to building permit application authority
H.Architectural and Site One or two-story addition or new home on
Approval, pursuant to a sloped single-family residential lot with
Chapters 19.12, development on building pads/graded
Administration 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, Two-story addition or new two-story home
pursuant to Chapters 19.12, in an R1 zoning district with an "i" suffix
Administration
J. Miscellaneous Ministerial Admin 1. New one or two-sto:r;x duRlex Rroject
Permit in an Rl zoning district Rursuant to
Government Code Section 65852.21
2. New . one or two-sto:r;x single famil;x
home or seconda:r;x RrinciRal dwelling
unit! or two sto:r;x addition in an Rl
zoning district Rursuant to
Government Code Section 65852,21
9. Amend Section 19.28.050 of the Cupertino Municipal Code to read as
follows:
Rl-5 Rl-6, 7.5, 8, 10, 20, Rl-a
etc., and Rl-6e
A. Minimum L 5,000 11. the number iii. 10,000 square feet
net lot area 1 square feet multiplied by 1,000
square feet
iv. For lots created under the Rrovisions of Government Code
Section 64411.7. the resulting lots shall be 40-60°Lo of the lot
being subdivided with no lots less than 1!200 sguare feet.
B. Minimum lot 150 feet ii. 60 feet iii. 75 feet
width (at the
front setback iv. For lots created R:Ursuant to the Rrovisions of Government
line) Code Section 64411.7:
a. No more than two new RtORerl;x lines ma;x be added to
create a new lot.
Ordinance No. 22-2238
Page 13
C. Landscaping
Rl-5 Rl-6, 7.5, 8, 10, 20, Rl-a
etc., and Rl-6e
b. Existing interior lots or Rie shaRed lots with 60 feet or
more street frontage: resulting lots shall have a street
frontage that is between 40-60°i'.o of the lot width of the
lot being subdivided.
C. Existing interior lots or Rie shaRed lots with less than 60
feet of street frontage: one of the resulting lots shall be a
flag lot with access to the street.
d. Existing flag lot subdivision: resulting lots must be
subdivided in the same orientation as the existing lot (i.e.
the existing front lot line must be the front lot line of the
future lots and the existing rear lot line shall be the rear
lot line of the future lots} and shall be between 40-60%
of the lot width of the lot being subdivided.
e. Comer lots: Shall be subdivided in a manner that the
existing street side RroRertx line shall be SRlit to create at
least one front lot line on that frontage.
L See Chapter 14.15, Landscape iii. Landscaping plans are
Ordinance. required for all additions
ii. At least 50% of the front ;x:ard of or new homes. The
an;x: Rroject aRRnwed RUrsuant to purpose of the
ChaRter 19.28.150 shall be occuRied landscaping is to beautify
b;x: landscaRing (i.e., not the property and to
hardscaRed}. achieve partial screening
of building forms from
the street and adjacent
properties. Generally, the
landscaping may include
shrubbery, hedges, trees,
or lattice with vines on
fences.
iv. At least 50% of the
front ;x:ard of an;x: Rroject
aRRroved RUrsuant to
ChaRter 19.28.150 shall
be occuRied b;x:
Ordinance No. 22-2238
Page14
Rl-5 Rl-6, 7.5, 8, 10, 20,
etc., and Rl-6e
Rl-a
landscaRing {i.e., not
hardscaRed}.
D. Development proposed on building pads /graded area with slopes equal to or
greater than 20%
1. Total site k 2,500 cubic yards maximum.
grading (cut II. Projects that exceed the maximum quantity shall require
plus fill) 2, 3 Architectural and Site Approval per Section 19.28 .040 (H).
iii. For Rrojects Rro12osed RUrsuant to Government Code
Sections 64411.7 and 65852.21 shall be limited to 2,500 cubic
;xards for the entire site Rrior to subdivision.
iv. For Rroj ects Rro12osed 12ursuant to Government Code
Sections 64411.7 and 65852.21, flat ;xard area created b;x
grading areas that are sloRed more than lO°Lo shall be
limited to 2,500 sguare feet not including the drivewa;x
12rior to anx subdivision.
2. Fences See Chapter 19.48, Fence Ordinance
E. Development k Limited to 500 square feet.
(structures, 11. Development greater than 500 square feet shall be subject to -
improvements, a Hillside Exception by the Planning Commission in
or grading) on accordance with section 19.40.080 of the RHS Ordinance. No
actual slopes ;?: Hillside Exce12tion is 12ermitted on lots develoRed 12ursuant
30% to Section 19.28.150.
F. On-site All 12ro12erties shall 12rovide a 4.5 foot wide 12athwax and a 4 .5
im12rovements foot wide 12lanting stri12, curb and gutter, curb cut, AC
12avement, and underground utilities at the street as follows:
1. Detached 12athwax when the 12ro12erties on either side of the
RroRertx being develo12ed has a detached Rathwax
2. Monolithic 12athwax when the 12roRerties on either side of
the 12ro12ertx being develo12ed has a monolithic 12athwax
3. When 12ro12erties on either side of the 12ro12ertx do not have
a 12athwax, a 12athwax that matches the 12re-dominant
Rattem of 12athwaxs on the street, as determined b;x the Ci!;x
Engineer, shall be 12rovided, unless the 12ro12ertt has a
Ordinance No. 22-2238
Page 15
G. Drivewaxs for
develo12ments
RUrsuant to
Government
Code Section
64411.7
Rl-5 Rl-6, 7.5, 8, 10, 20, Rl-a
etc., and Rl-6e
"semi-rural" designation adoRted bx Citx Council
resolution.
4. The Citx Engineer shall adoRt anx objective standard
necessary to imRlement the reguirements of this Raragra12h.
1. For new interior lots with a street frontage of 35 feet or less,
no more than a 12-foot wide, one-car wide curb cut, shall be
12ermitted. A distance of at least 22 feet shall be Rrovided
between the two one-car wide curb cuts! else, a shared
drivewax curb cut max be 12rovided.
2. Existing 12ie-shaRed lots with a street frontage of more than
70 feet: Resulting lots max 12rovide a maximum 18 foot wide
drivewax curb cut for each resulting lot 12rovided a distance
of at least 22 feet is 12rovided between existing and RroRosed
drivewax flares! else a drivewax curb cut no more than 12
foot wide (one-car wide curb cut} shall be ;germitted.
3. Existing Rie-shaRed lots with a street frontage 70 feet or less:
Drivewax access shall be shared over the access area of the
resulting flag lot. No other curb cuts shall be 12ermitted.
4. When subdivision results in a flag lot subdivision, the lots
shall share vehicular access off of a minimum 20 foot and a
maximum of a 25-foot-wide access area cgmRrising of a
minimum 16-foot drive aisle, and minimum 2 foot wide
landscaRing Rlanter on either side.
5. Where a shared drivewax {not through a flag lot} IS
12r0Rosed:
1. No additional curb cuts shall be ;germitted.
ii. 50°Lo of the width of the shared drivewax curb cut shall
be on each Rro12er1;x.
iii. A maximum curb cut of 18' feet shall be Rermitted.
6. · A maximum 18' wide car curb cut is allowed when a two car
a;g12roach is :germitted.
7. A covenant necessary for a12RroRriate ingress and egress
easements shall be recorded when access is shared 12rior to
final 12arcel ma:12 recordation.
8. A maintenance agreement shall be recorded to ensure
shared maintenance of anx shared access easements,
Ordinance No. 22-2238
Page 16
H. Easements
and Covenants
reguired for
subdivisions
12ursuant to
Government
Code Section
64411.7
Notes:
Rl-5 Rl-6, 7.5, 8, 10, 20, Rl-a
etc., and Rl-6e
stormwater treatment, landsca12ing and 12rivate utilities,
12rior to final 12arcel ma12 recordation.
1. Utilit;x: easements shall be recorded 12rior to final 12arcel
ma12 recordation.
2. A covenant necessat:X for maintenance of stormwater
treatment facilities shall be recorded 12rior to final ma12
recordation.
1 Lots, which contain less area than required by its zoning designation, but not less than 5,000
square feet, may nevertheless be used as building sites, provided that all other applicable
requirements of this title are fulfilled.
2 Maximum grading quantity includes grading for the building pad, yard areas, driveway, and
all other areas requiring grading, but does not include basements. The graded area shall be
limited to the building pad area to the greatest extent possible. Grading quantities for multiple
driveways are divided equally among the participating lots, e.g . two lots sharing a driveway will
divide the driveway grading quantity in half. The divided share will be charged against the
grading quantity allowed for that lot development.
3 All cut and fill areas shall be rounded to follow the natural contours and planted with
landscaping that meets the following requirements:
i. A landscape plan shall be prepared that addresses measures to prevent soil erosion and
to screen cut and fill slopes.
ii. A tree planting plan shall be prepared for the site which will screen grading areas, and
residential structures, to the greatest possible extent, as well as to reintroduce trees on
barren slopes which were denuded by prior agricultural activities.
ill. Landscape improvements shall meet the requirements as established in the Landscape
Ordinance, Chapter 14.15 .
iv. Landscape improvements shall be installed prior to final occupancy unless such
installation is impracticable, in 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
follows:
19.28.150 Ministerial Ap12roval of Up to Two Units.
Ordinance No. 22 -223 8
Page 17
A. Issuance of Miscellaneous Ministerial Permit. The Director of
Community Development shall ministerially approve up to two
residential units on a parcel in an R-1 single-family residence district or
R-1 zoned Planned Development Zoning District if the proposed
housing development meets the requirements of Government Code
Section 65852.21 and complies with all applicable objective zoning
standards. objective subdivision standards. and objective design review
standards.
B. The Director of Community Development shall impose all
objective zoning standards. objective subdivision standards. and
objective design review standards in the Municipal Code. General Plan.
any applicable specific plan. and other objective land use specifications
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 Paragraph 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
upon a preponderance of the evidence. that the proposed housing
development project would have a specific. adverse impact. 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
impact.
D. Application and Fees. An application 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
sufficiently recover the cost of administering the requirements of this
section. The application shall be accompanied by all technical reports.
plans and information required to make a determination on the
proposed project.
E. Objective Zoning and Design Standards for Ministerially Approved
Housing Development Projects in the R-1 District. In addition to any
applicable objective zoning standards. objective subdivision standards.
and objective design review standards in the Municipal Code. a housing
development project approved pursuant to this Section must comply
Ordinance No. 22-2238
Page 18
with all applicable objective zoning and design standards to the
maximum extent permissible under Government Code Section 65852.21,
including but not limited to the following standards for ministerial
development projects:
1. Development
Standards
(Gov. Code, §
65852.21)
a. Except as otherwise provided herein. units
shall not exceed 800 square feet per unit and
shall comply with Paragraph B.
b. The floor area of the larger unit in a duplex
development proposed pursuant to this
Section shall be no more than 200 square feet
greater than the smaller unit of the duplex
development.
c. Notwithstanding subparagraph fa), a duplex
developed pursuant to this Section may have
a Floor Area Ratio of up to 45% of the net lot
area. plus an additional 5% for roof
overhangs, patios, porches, and other similar
features not Substantially Enclosed. if it
complies with the requirements of
Paragraph B and subparagraphs 2 through 16
of this Paragraph: provided, however. that a
housing development project on a lot having
a slope 30% or greater shall not exceed the
floor area allowed under Chapter 19.40.
However. under no circumstances shall the
size of any ministerially approved unit
exceed 2,000 square feet.
d. If proposing a two unit development. no
more than 25% of the existing exterior walls
of an existing unit shall be demolished
unless the site has not been occupied by a
tenant in the last three years.
e. If no dedication was required for creation of
the lot. the project shall include a dedication
to accommodate the predominant public
right of way, as determined by the City
Engineer, abutting the corresponding lot line
and frontage improvements, including curb.
Ordinance No. 22-2238
Page 19
2. Second to
First Floor
Area Ratio:
3. Setbacks:
gutter and sidewalk shall be installed bx the
aRRlicant.
a. The ratio of the second sto:rx to first storx
floor area shall not exceed 50°L'.o exceJ;?t that:
i. In all Rl zoning districts exce12t the Rl-a
district, the ratio of the second sto:rx to first
sto:rx floor area max be UJ;? to a maximum of
66%, if a combined first sto:rx setback of 15 ·
feet {with no first sto:rx side setback less
than five feet) and a combined second sto:rx
setback of at least 25 feet {with no second
sto:rx side setback less than 15 feet) and a
rear setback of 25 feet is J;?rovided,
11. In the Rl-a zoning district:
1. The maximum second sto:rx to first sto:rx
floor area ratio is 40% of the existing or
;RfO;Rosed first floor area but no larger
than 500 sguare feet,
2. A second floor mai he at least 750
sguare feet in area but shall not in anx
case exceed 1,100 sguare feet, if a
combined first sto:rx setback of 20 feet
{with no first sto:rx side setback less
than ten feet). a combined second sto:rx
setback of 35 feet {with no second sto:rx
side setback less than 15 feet) and a rear
setback 40 feet is ;Rrovided.
b. Interior areas {measured from the finished
floor to the to;R of the roof rafters} with
heights greater than 16 feet shall be double
counted as floor area as follows:
i. For one sto:rx homes, the floor area shall be
double counted as first floor area.
ii. For two sto:rx homes, the floor area shall be
counted once each for first and second floor
area.
a. Minimum first floor front setback is 20 feet,
exce;Rt as otherwise reguired in a tract ma12 or
zoning ma;R exce;Rt that:
Ordinance No. 22-2238
Page 20
1. In the Rl-a zoning district. the required
minimum front setback is 30 feet.
11. Garages with up to two parking spaces
shall be setback two additional feet from
the face of the living area of the unit, not
including a front entry feature or porch.
111. Third car garage spaces:
1. On lots when the garage is visible from
the street: parking shall be provided in
tandem or in a detached accessory
structure at the rear of the property.
2. On flag lots or on side-oriented garages
located at the rear of the principal unit:
a third parking space may be on the
same wall plane as the other two
parking spaces.
b. Minimum second floor front setback is 25
feet except that:
1. In the Rl-a zoning district, the required
minimum front setback is 30 feet.
c. First and Second Floor side and rear yard
setbacks: Minimum side and rear setbacks
shall be four feet; provided, however, that:
1. No setback shall be required for an
existing structure or a structure
constructed in the same location and to
the same dimensions as an existing
structure.
11. No new or expanded structures shall
encroach upon any existing public or
private utility easements.
111. No setback shall be required from a
shared new lot line between the two
new lots created pursuant to an urban
lot split under Government Code
Section 66411.7 when more than one
new primary dwelling unit is approved
concurrently with the lot split.
Ordinance No. 22-2238
Page 21
4. Maximum
height:
5. Basements:
d. Comer Triangle: No ROrtion of a structure
shall be located within a corner triangle,
Rrovided that in no case a side xard setback
of more than four feet would be reguired.
e. Detached Rnma:rx residential structures:
Detached structures shall have a setback of
five feet as measured between the eaves of
the two structures.
a. PrinciRal Dwelling units are limited to 28
feet, no more than two stories exceRt that:
i. In R-1 Zoning Districts with "i" suffix,
buildings shall be limited to one sto:rx {not
to exceed 18 feet).
b. First floor building enveloRe: All the
maximum exterior wall height and building
height on single-sto:rx structures and single-
sto:rx sections of two-sto:rx structures must fit
into the building envefoRe defined bx:
i. A 9 foot high vertical line from natural
grade measured at the RroRertx line; and
11. A 25 degree roof line angle Rroiected
inward at the 9 foot high line referenced
above;
c. Notwithstanding the first floor building
enveloRe, a gable end of a roof enclosing an
unfinished attic SRace max have a maximum
wall height of 13 feet to the Reak of the roof
as measured from natural grade.
d. Second sto:rx building enveloRe: All the
maximum exterior wall height and building
height on two-sto:rx sections of two-sto~
structures must fit into the building
enveloRe defined bx:
i. A 15 foot high vertical line from natural ·
grade measured at the RroRertx line; and
ii. A 25 degree roof line angle Rrojected
inward at the 15 foot high line referenced
above.
Not allowed.
Ordinance No. 22-2238
Page 22
6. Landsca:ging
and Privacx
Protection:
a.
b.
Landsca12ing: All 12ro12osed landsca12ing shall
meet the reg:uirements of Cha12ter 14.15 of the
Munici12al Code
I. Front Yard Tree Reguired: A 24-inch box
California native tree that tx12icallx grows
to a mature height of more than 30 feet is
reguired for all two sto~ homes and must
be 12laced in the center 50°1'.'o of the front
~
11. An existing mature tree in the front xard
that is or can tx12icallx grow to a height of
30 feet of more and is located in the center
50% of the front xard can be used as the
front xard tree, subject to an ISA certified
arborist certifxing that the tree is in good
health.
111. A covenant shall be recorded to identifx
the front xard tree as a Protected Tree and
notifxing current and future 12ro12ertx
owners to retain and maintain the tree in
good health.
Privacx Protection 12lanting for windows
from second storx windows shall be reguired
in the same manner as reguired 12:ursuant to
Section 19.28.070, exce12t as 12rovided below:
i. Windows or other 012enings in the wall
with a side xard setback less than 10 feet
shall have a minimum windowsill height
of five feet one inch or shall have obscure
glass and be ino12erable with a fixed
12ane(s}.
ii. Windows or other 012enings in the wall
with a rear xard setback less than 25 feet
shall have a minimum windowsill height
of five feet one inch~ or shall have obscure
glass and be ino12erable with a fixed
12ane(s}.
Ordinance No. 22-2238
Page 23
7. Private o:uen
s12ace:
8. Permitted xard
encroachments
.
!
9. Second storx
decks!
balconies or
similar
features that
are not
Substantiallx
Enclosed
10. Design
standards:
iii. Subsections (a} and (b} do not a1uilx to
skxlights or windows which do not have
view s into an adjacent s i de or rear xard or
that face a street or a non-residential zoning
district.
iv. M i nimum 12lanter width reguired for
12nvacx 12lanting shall be three feet.
Emergencx access :uaths shall not be
concurrent with areas designated as
12rivacx 12lanting 12lanters.
Each unit must 12rovide at least 15°Lo of the unit
floor area as :urivate 012en s:uace on the first floor!
with no dimension less than 10 feet.
a. Front entrx features! but not :uorches, max
encroach into a reguired front xard setback
u:u to three feel.
b. Max extend into a reguired xard a distance
not exceeding three feel.
c. No architectural feature, or combination
thereof! whether a 12ortion of a 11rinci12al or
accessorx structure! max extend closer than
three feet to anx 12ro12ertx line.
d. Architectural features max not exceed S0°Lo of
the wall thex are on! as seen from the interior.
Not allowed.
.
a. Entrx features:
1. A maximum of one entrx feature 12er unit
is allowed but no more than one entrx
feature 12er structure shall be allowed.
Ordinance No. 22-2238
Page 24
u. The entry feature shall be oriented to face
the street and shall include a front entry
door also oriented to face the street.
111. Maximum entry feature height is as 14
feet to the top of the plate.
1v. If a duplex with attached units 1s
proposed, a proposed entry feature may
incorporate two entrance doors for the
two units. One of the entrance doors or a
common opening into a shared entry
portal shall be oriented to face the street.
v. If duplexes are proposed on corner lots.
the entrances to the two units shall be on
different street frontages, except that if
the corner lot fronts a major collector.
both the entrances may be located on the
minor collector or neighborhood street.
b. If a front porch (not a front entry feature) is
proposed, the porch shall be proportionately
greater in width than in height.
1. Porch elements shall have detailing that
emphasizes the base and have caps for
posts and fence elements of the porch.
c. Exterior and/or uncovered stair access shall
not be allowed to the second floor.
d. New structures shall be designed/located in
a manner that no more than 10% of an
existing solar panel array on an adjoining
property is impacted by shade/shadow as
demonstrated by a shadow study performed
by a licensed engineer qualified to prepare
such studies.
e. All new structures proposed in the Rl-e
zoning district shall meet the building
design requirements in Section 19.28.080 and
shall meet the Eichler design guidelines.
f. In the Rl-a zoning district. the second story
shall not cantilever over a first story wall
plane.
Ordinance No. 22-223 8
Pag e 25
g. In addition to standards outlined m
subsections (1) -(9) above, development on
properties with an average slope greater than
10% shall comply with Section 19.40.0S0(E),
(F) and (G) and Section 19.40.060{£). (H), (I)
and (J).
h. Windows and doors shall either:
1. Have a minimum three-and-one half
inch in width by three-quarter inch in
depth trim when protruding from the
wall or
11. Be inset a minimum of three inches from
the exterior finish of the structure. If
recessed. the primary siding material
shall cover the recessed edge faces and
wrap toward the interior face of the
window glazing or door by not less than
two-inch depth.
1. All garage doors shall be recessed a
minimum of six (6) inches from the
surrounding building wall and shall include
trim of at least one and a half (1.5) inches in
depth.
J· Roof overhangs or building eaves shall be a
minimum of 12 inches in width.
k. Detached structures on a lot must use the
same architectural style and materials.
1. Where the garage faces the side yard, but is
visible from the street. the garage shall
incorporate a window on the street front
facade so that it appears to be a habitable
portion of the house. The window style must
be the same as the windows on the habitable
dwelling unit{s).
m. Enclosed living area shall be closer to the
street than garage space. Garages shall be set
back as identified in subnaraQ:ranh (3) above.
Ordinance No. 22-2238
Page 26
n. No more than fifty percent of the front
elevation of a house shall consist of garage
space.
o. The maximum width of a garage on the front
elevation shall be 24 feet for a two-car garage.
p. Garage doors for no more than two car spaces
shall be visible from the public right of way.
q. Outdoor lighting shall comply with the
requirements of Chapter 19.102.
r. The elevation facing a street shall
incoq,orate at least four architectural
features, such as bay windows or an entry
feature, and/or elements of architectural
interest, such as wall insets or offsets,
planters, railings, trellises, a combination of
roofing elements (e.g. hip and gable roofs),
dormers. change in architectural materials,
quoins, accent tiles, or an accent window
inset greater than six inches. Windowsills,
door or window trim. and roofing materials
do not count as one of the features.
s. Gable ends and dutch gable ends taller than
thirty inches shall include at least one
element of architectural interest such as:
• a wall offset with corbels, brackets or
change in materials:
• louvered wood or metal vents:
• clay or terracotta tile vents;
■ accent tile decoration:
• medallion decoration;
• metal grille:
• a change in architectural materials:
• incorporation of corbels:
• decorative gable pediments;
• eyebrow trellises or pergola structurally
attached to the building or
• windows/glazing.
t. Stone veneer or accent materials used as a
wainscot on a street facing facade shall be
Ordinance No. 22-2238
Page 27
11. Accessorx
buildingsL
structures:
12. Fences
13. Refuse,
recxcling and
other
containers
14. Parking
u.
a.
b.
C.
d.
a.
b.
a.
wra1rned around to the side fa!;ade and end
at a logical terminus, such as a fence line or a
chimnex.
Stone veneer or anx other siding material
wrai:med on columns shall terminate at the
floor.
Allowed IJUrsuant to the reguirements of
ChaIJter 19.100, exceRt that Accessorx
Dwelling units or Iunior Accessorx Dwelling
units shall not be IJermitted on anx lot in the
R-1 zoning district if a lot SIJlit has been
aIJIJroved IJUrsuant to Section 18.12.70 and
unit(s} have been aIJIJroved for construction
IJUrsuant to Section 19.28.150 on each lot.
Limited to one storx (not to exceed 15 feet}
Accessorx Dwelling Units shall meet
subsections (1} and (2} above and shall
additionallx be Ill com12liance with the
regulations of Cha12ter 19.112.
Air conditioning units and similar
mechanical egui12ment such as generators,
sumR IJUmIJS, heating, and ventilation
eguiIJment shall be ground-mounted and
screened from IJUblic view or underground,
and shall meet accessorx structure setbacks
and adhere to the reguirements of ChaIJter
10.48 of the MuniciIJal Code
Shall comIJlx with the reguirements of
ChaIJter 19.48 of the MuniciIJal Code.
A minimum 8 foot bx 3 foot s12ace 12er unit,
not visible from the street, shall be IJrovided
in an interior xard behind a fence.
This area shall not be concurrent with anx
emergencx access 1,1athwax reguired bx the
Fire DeIJartment.
Units shall have at least one off-street
IJarking SIJace, exceRt that IJarking
Ordinance No. 22-2238
Page 28
15. Driveway and
curb cuts:
16. Short Term
Rentals
Prohibited:
requirements shall not be im12osed in either
of the following instances:
1. The Rarcel is located within one-half mile
walking distance of either a high-qualib'.;
transit corridor! as defined In Public
Resources Code Section 21155(b} Code! or
of a major transit sto12, as defined in
Public Resources Code Section 21064.3.
11. There is a car share vehicle located within
one block of the 12arcel.
a. Parking s12ace(s} shall be 12rovided in an
enclosed garage encomRassing 10' by 20'
space for each s12ace.
b. When additional enclosed 12arking s12ace(s}
isLare 12rovided, the space(s} shall meet the
requirements of Cha12ter 19.124.
a. A one car driveway shall be a minimum of 10
feet in width and a maximum of 12 feet in
width.
b. A two car driveway shall be a maximum of 20
feet in width. Any third or more driveway
spaces shall be in tandem.
c. Sub12aragra12hs a and b do not a1212ly to the
flag lot access area.
d. A maximum 18' foot wide curb cut when a
two car curb cut lS 12ermitted! shall be
allowed.
e. A maximum 12' foot wide curb cut when a
one car curb cut lS 12ermitted! shall be
allowed.
No residential unit created 12ursuant to this
Section max; be rented for a term of 30 days or
less.
F. This Section shall remain in effect until such time as Government Code
Section 65852.21 is repealed or su12erseded or its requirements for
ministerial ap12roval of housing development 12rojects are materially
amended! whether by legislation or initiative, or are held to be
Ordinance No. 22-2238
Page 29
unenforceable by a court of competent jurisdiction, at which time this
Section shall become null and void.
G. Any dwelling unit approved pursuant to this Section shall be ineligible for
conversion to a condominium, community apartment, or stock cooperative
project. Any application for a tentative subdivision map or tentative parcel
map for a residential condominium conversion of a unit created pursuant
to this Section shall be denied by the Department of Community
Development.
11. Amend Section 19.40.050 of the Cupertino Municipal Code to read as
follows:
A. Density
1. Dwelling Unit Determined by Appendix F of the General Plan based
Density upon slope density standards described therein.
Density credits derived from application of a slope
2. Transfer of density formula to a lot or a group of lots may not be
density credits transferred to property outside any approved
subdivision or parcel map boundary.
B. Minimum Lot Area
~
Lot area shall correspond to the number (multiplied
by one thousand square feet) following the RHS
zoning symbol.
Examples:
1. By zoning RHS-20: Minimum lot size of 20,000 square feet (20 *
district symbol: 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.)
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.
Ordinance No. 22-2238
Page 30
3. Subdividable
lots
4. Non-
subdividable
legally-created,
developed lots
5. Lots created
:uursuant to
Government
Code Section
64411.7
C. Minimum Lot
Width
D. Development
on Substandard
Lots
E. Site Grading
1. Maximum
Grading
Quantity
Lot size zoning designation shall be assigned at time
of subdivision for uroRerties not subdivided
uursuant to Government Code Section 64411.7.
Shall reflect the existing lot size
a. Each resulting lot shall be at least 40°L'o of the size
of the original lot being sulit.
b. Each resulting lot shall share one common
drivewax. If an existing drivewax or curb cut
exists, a new drivewa;x or curb cut location shall
not be amiroved.
c. UR to two new urouertx lines max be added to
create a new lot and must follow the contours of
the urouer;tx.
d.If Ill an area where direct sanitazy sewer
connection IS unavailable, a uercolation test
com:uleted within the last five ;xears, or if the
:uercolation test has been recertified, within the
last 10 ;xears, must be umvided.
e. Building :uads shall be identified on the flattest
uortion of the resulting lots closest to an existing
or :urouosed new drivewa;x,
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.
A Hillside Exception shall be obtained to construct
structures or improvements on existing vacant legal
lots, exceut where urohibited b;x Government Code
Section 65852.21.
a. Cumulative total of 2,500 cubic yards, cut plus fill.
Includes: grading for building pad, yard areas,
driveway and all other areas requiring grading.
Excludes: basements
Ordinance No. 22 -2238
Page 31
2. Graded Area
3. 1\{ultiple
Common
Driveways
4. Flat Yard Area
5. Soil Erosion
and Screening
b. All cut and fill shall be rounded to contour with
natural contours and planted with landscaping
which meets the requirements in Section
19.40.0S0G
c. For each of the lots develo12ed or created 12ursuant
to Government Code Section 64411.7, a
cumulative total of 1,250 cubic ;xards, cut 12lus fill
(including grading for building 12ad, ;xard areas,
drivewa;x, all other areas reguiring grading, and
basements). exce12t if the original lot that was
subdivided has alread;x 12erformed 12rior uading,
then the amount of grading that has 12reviousl;x
occurred shall be reduced from the maximum
grading guanti!;x allowed cumulativel;x on the
two resulting lots.
a. Shall be limited to the building pad area to the
greatest extent possible.
b. For lots develo12ed or created 12ursuant to
Government Code Sections 64411.7 and 65852.21,
graded areas are limited to within 50 feet of the
building 12ad area.
Grading quantities shall be divided equally among the
participating lots.
E.g ., two lots sharing a driveway shall divide the
driveway grading quantity in half. The divided share
will be charged against the grading quantity allowed
for that lot development.
a. Limited to a maximum of 2,500 square feet,
excluding driveways
b.For lots develo12ed or created 12ursuant to
Government Code Section 64411.7, limited to a
maximum of 1,250 sguare feet 12er lot, excluding
drivewa;xs, exce12t as limited b;x subsection (I}.
A licensed landscape architect shall review grading
plans and shall, in consultation with the applicant and
Ordinance No. 22-2238
Page 32
of Cut and Fill
Slopes Plan
F. Landscaping
1. Tree Planting
Plan
2. Landscape
Requirements
3. Installation of
Landscape
Improvements
4. Landscape
Maintenance
5. Native Trees
the City Engineer, submit a plan to prevent soil
erosion and to screen cut and fill slopes.
Shall be prepared by a licensed landscape architect
to:
a. Screen the residential structures to the greatest
possible extent from the following Rrominent
intersections. For Rrojects RUrsuant to
Government Code Section 65852.21, no more than
10°L'.'.o of the structure shall be visible from the
following Rrominent intersections:
1. Foothill Boulevard and Cristo Rex Drive
11. Foothill Boulevard and Al£?ine Wax
111. Bellevue and Carmen Road
lV. Linda Vista Drive and HxannisRort Ave
v. HxannisRort Ave and Bubb Road
Vl. Rainbow Ave and Wexmoth Drive,
A visual simulation from each of the intersections
above shall be ;grovided to indicate comRliance.
b. Reintroduce trees on barren slopes which were
denuded by prior agricultural activities
Must comply with the Chapter 14.15, Landscaping
Ordinance and Wildland Urban Interface Fire Area
(WUIF A) requirements.
At least 50°L'.'.o of the front xard area shall be
landscaRed {i.e., not hardsca:ged)
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 insure cover the cost
of installation within an 18 month period from
occupancy.
All such landscape areas shall be properly maintained
in conformance with the requirements of Chapter
14.15, Landscape Ordinance.
Should be integrated into the site design to the greatest
extent possible.
Ordinance No. 22-2238
Page 33
G. Watercourse Protection
1. Watercourse Any watercourse identified in Figure 6-G in the City's
and Existing General Plan and its existing riparian vegetation must
Riparian be shown on all development plans.
Vegetation
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
2. Setback vegetation will be measured from the drip line
perimeter.
All new development, including structures, grading
and clearing, must be set back as follows.
a. Lots < 1 acre 50 feet
b. Lots~ 1 acre 100 feet
H. Development Near Prominent Ridgelines
Shall not disrupt a 15% site line from a prominent
1. New structures 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 a. MayShall not further encroach into the site line. For
existing example, the addition may not add height or bulk
structures which may increase the disruption to the fifteen
within the 15% percent ridgeline site line.
site line of
prominent
ridgeline
3. Impractible If (1) and (2) above are not practicable, alternatives
Clause may be considered through the exception process,
12rovided that no discretionary exem12tion 12rocess is
allowed for 12rojects seeking a1212roval under
Government Code Section 65852.21.
I. Development a. Hillside Exception required for all grading,
on Slopes of ~ structures and other development > 500 square feet~
30% exce12t that on lots develo12ed or created 12ursuant
to Government Code Sections 64411.7 and
Ordinance No. 22-2238
Page 34
J. Trail Linkages
and Lots
Adjoining
Public Open
Spaces Site
Plan
K. Views and -
Privacy
65852.21, grading, building ;Rads for structures and
other develoJ,;?ment is limited to a maximum of 500
sguare feet.
b. If the lots develo;J;?ed or created J;?Ursuant to
Government Code Sections 64411.7 and 65852.21
have no areas with sloJ;?eS less than 30% that can
accommodate u12 to two units 800 sguare foot each,
grading and building ;Rads for structures is limited
to 800 sguare feet. No other develo12ment shall be
J,;?ermitted on such lots (e.g. develo;J;?ment for flat
;xard area}.
1. a. Site plan must identify trail linkages as shown in
the General Plan Trail Plan, on and adjacent to the
site.
b b . If a trail linkage is identified across a property
being developed, development shall not take place
within that area unless approved through the
exception process, exce;Rt that on lots develo;J;?ed
or created :gursuant to Government Code Sections
64411. 7 and 65852.21, no develo;J;?ment ma;x occur
in an area where a trail linkage is identified on
the J,;?rOJ,;?er;tx.
-3.~ 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.
It is not the responsibility of City Government to
ensure the privacy protection of the building permit
applicant or owners of surrounding properties that
may be affected by the structure under construction.
However, the Director of Community Development
may confer with the building permit applicant to
discuss alternate means of preventing pnvacy
intrusion and preserving views exce;Rt that for lots
develo12ed or created :gursuant to Government
Code Sections 64411.7 and 65852.21, ;Rnvac;x
12rotection 12lanting, as reguired 12ursuant to
Ord.inance No . 22-2238
Page 35
Section 19.28.120, is required for views from the
second story into adjoining side or rear yards.
Windows or other openings in the wall with a side
yard setback less than 15 feet or a rear yard setback
less than 25 feet shall have a minimum windowsill
height of five feet one inch, or shall have obscure
glass and be inoperable with a fixed pane(s).
12. Amend Section 19.40.060 of the Cupertino Municipal Code to read as
follows:
Ordinance No. 22-2238
Page 36
Table 19.40.060: Building Development Regulations
A. Floor Area Ratio (FAR)
a. ExceRt as otherwise Rrovided herein, a ministeriallx amiroved housing develo11ment
Rroject a1111roved 11ursuant to this Section shall not exceed 800 sguare feet 11er unit.
b. Notwithstanding Para~aRh (a}. a ministeriallx a11Rroved housing develoRment
a1rnroved Rursuant to this Section max have a floor area as calculated in subsection
(c} below, if it com11lies with the reguirements of this Section; 11rovided, however, that
if the housing devefoRment is on a Rarcel created bx a ministerial lot SRlit under
ChaRter 18.20.170, the maximum allowable floor area for the original lot shall be
1. Maximum allocated to each resulting lot egual to the RrORortionate size of each resulting lot to
Allowable the original fot, However, under no circumstances shall the size of ministeriallx
Development aRRroved units exceed 2,000 sguare feet,
~ For projects not subject to ministerial approval under Paragraph (a) or (b), maximum
allowable development shall be the lesser of:
ir. 16,500 square feet; or
~ ii. 4,500 square feet plus 59.59 square feet for every 1,000 square feet over
10,000 square of net lot area, times the slope adjustment factor pursuant to
Section 19.40.060(A)(2)*
( Net Lot Area -10000 ~ *Formula= (4,500 + 1000 (59 .59)) x (Slope Adjustment Factor)
Avg. Reduction (1.5 x
Slope (Average Slope -0.1))
a. Average No reduction in allowable floor area :5 10 % 0% Slope :510% Slope Adjustment Factor= 1
11 % 1.5 %
12 % 3%
2. Slope 13 % 4.5 %
Adjustment 14 % 6%
· Factor based A reduction in allowable floor area by 15 % 7.5 %
on Average b . Average one and one-half percent (1.5 %) for each 16 % 9%
Slope of Net Slope percent of slope over 10 percent 17% 10.5 % Lot Area between 10%
and30% Slope Adjustment Factor = (1 -(1.5 x 18 % 12 %
(Average slope of net lot area -0.1)) 19 % 13.5 %
20 % 15 %
21 % 16.5 %
22 % 18 %
23 % 19 .5%
O r dinance N o . 22-223 8
Pag e 37
c. Average
Slope~ 30%
Allowable floor area shall be reduced
by a constant 30 percent
Slope Adjustment Factor = (1 -0.3)
24% 21 %
25 % 22 .5%
26 % 24 %
27% 25 .5%
28% 27 %
29 % 28.5%
~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.
No developable lot in a cluster development can exceed forty-five-
b. Maximum FAR prior to percent floor area ratio, prior to applying the slope adjustment factor,
slope consideration when a portion of the private open space is attributed to the lot area
fo r calculating FAR
c. Average slope of lot Calculated on the developable lot only.
B. Height of Buildings and Limited to 30 feet Structures
C. Setbacks
Second Habitable Third Floor (or
First Floor Floor portions of structures
taller than 20 feet)
1. Front-yard
a . Slope s 20 % 20 feet Driveway and 25 feet 25 feet
garage must be
designed to
b. Slope > 20% 10 feet enable vehicles 25 feet 25 feet
to park off-
street
2. Side-yard
a. Interior Side 10 feet 15 feet 20 feet
b. Street Side on Comer Lot 15 feet 15 feet 20 feet
Ordinance No . 22-2238
Page 38
c. Lots develo12ed 12ursuant to
Government Code Section
65852.21
3. Rear-yard
a. Lots dexelo12ed 12ursuant to
Government Code Section
65852.21
4 feet 4 feet 4 feet
20 feet 25 feet 25 feet
4 feet 4 feet 4 feet
D. Second Story Decks and Patios Minimum Setbacks
Second Habitable Third Floor (or
First Floor Floor portions of structures
taller than 20 feet)
1. Front Yard -17 feet 17 feet
2. Side Yard -15 feet 15 feet
3. RearYard -20 feet 20 feet
E. Downhill Facing Elevation
1. Second Story Downhill Facing Wall Plane Offset
i. Average of 7 feet 6 inches for 75% of the second story downhill
a. Offset from First Floor facing wall plane shall be setback and
Downhill Wall Plane 11. Not less than a five feet setbackoffset.
iii. The remaining 25% may not extend past <cantilever over) the first
story wall plane.
b. Multiple Downhill Facing Offset shall apply only the primary setback affected. Wall Planes
1. Offset may be measured from the outside perimeter of first-story
roofed porches.
c. Offset from First Floor ii. Roof of the porch must match, in pitch and style, the roof of the
Roofed Porches main structure.
... Porch must be at least 5 feet in width and extend the length of the 111.
wall on which it is located to be a guali(ging offset feature.
2. Maximum Ex12osed Wall 15 feet Height on Downhill Elevation
F. Permitted Yard Encroachments
Ordinance No. 22-2238
Page 39
1. Extension of a Legal Non-
conforming Wall Plane for
structures not located within a
prominent ridgeline site line
2. Architectural Features
G. Accessory Structures
(including attached patio covers)
H. Design Standards
1. Building and Roof Forms
a. Natural Contours
a. Where a building legally constructed according to existing first
floor yard and setback regulations at the time of construction
encroaches upon present required first floor setbacks, one
encroaching side of the existing structure may be extended along
existing building lines.
b. Only one such extension shall be permitted for the life of the
building.
c. Encroachments into a required yard which are the result of the
granting of a variance may not be further extended.
d. Further encroachment into a required setback is not a llowed. I.e., a
non-conforming setback may not be further reduced.
e. In no case shall any wall p lane of a first-story addition be placed
closer than three feet to any property line.
f. Shall not a:milx to 12ro12erties develo12ed or created 12ursuant to
Government Code Section 65852.21 and 64411.7.
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 than three
feet to any property line.
c. Second stoI;x decks or balconies max not further encroach into a
reguired setback than allowed in Subsection D.
a. As allowed by Chapter 19.100, Accessory Buildings/Structures
b. Lots created and develo12ed with unit(s} 12ursuant to Government
Code Sections 64411.7 and 65852.21 max not develo12 an
AccessoI;x Dwelling Unit or Iunior AccessoI;x Dwelling Unit.
c. Air conditioning units and similar mechanical egui12ment such
as generators, sum12 12um12s, heating, and ventilation egui12ment
shall be ground-mounted and screened from 12ublic view or
underground, and shall meet accessoI;x structure setbacks and
adhere to the reguirements of Cha12ter 10.48 of the Munici12al
Code
Building shall follow as closely as possible the pnmary natural
contour of the lot.
O r dinance No. 22-2238
Page 40
b. Building Mass and Roof
Pitches
c. Second Story Dormers
d. Downhill Elevation of main
structure
e. High Wall Planes
2. Colors
a. Natural Earth Tones
b. Reflectivity Value
3. Outdoor Lighting
4. Garages
The main building mass shall be on the upslope side of the building
and the roof pitches shall trend downslope.
Permitted within the second story setbacks as long as they are minor
in shape and size.
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.
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.
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.
Shall not exceed 60 on a flat surface
All outdoor lighting shall meet the requirements in Chapter 19.102.
All Rrojects shall strive to attain, exceRt that Rrojects RUrsuant to
Government Code Section 65852,21 shall attain, the following
standards :
a. No more than 50°L'.o of the fa,ade visible from the right of wax
shall comRrise the garage .
b. A two car garage face shall not exceed 24 feet and a one car
garage face shall not exceed 12 feet.
C. Garages visible from the right of wax shall be setback a
minimum of two feet from the livable areas of the home exceRt
if onl:x the garage and/or the entrance to the home, and no other
livable 12ortions of the home, are accessible from the street level.
d. Third car SRaces shall be Rrovided in tandem or shall be
Rrovided in a detached accessor.x structure.
Ordinance No. 22-2238
Page 41
5. Entry Features
6. UncoveredLexterior staircases
I. Geologic and Soils Reports
1. Applicability
All 12rojects shall strive to attain, exce12t that 12rojects 12ursuant to
Government Code Section 65852.21 shall attain, the following
standards:
a. Onlx one ent:rx feature shall be 12ermitted 12er structure and onlx
one ent:rx feature shall be visible from the 12ublic street.
b. Du12lexes shall have entrances to each unit on different
frontages.
C. Ent:rx features shall be limited to 14 feet in height from the
natural grade to the to12 of wall 12late.
Not allowed.
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 RBS 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 following:
I. The improvements include increasing the occupancy capacity
of the dwelling such as adding a bedroom or secondary
Accessorx Dwelling unit, or
ii. The cost of the comple ted 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 building Building official Official 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 rebuild the improvements
in kind, which value shall be determined by the building
Building officialOfficial.
Ordinance No. 22-2238
Page 42
2. Content of Reports
3. Incorporation of
Recommendations
J. Private Roads and Driveways
1. Pavement Width and Design
2. Reciprocal Ingress/Egress
Easement and Reciprocal
Maintenance Agreement
These reports shall contain, m 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 recognized 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 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 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.
All building and site plans shall incorporate the above-described
corrective measures and must be approved by the City Engineer,
upon a third-party peer review of the reports provided. at the
applicant's cost. prior to building permit issuance.
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.
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.
Ordinance No. 22-2238
Page 43
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
K. Solar Design 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 19.12i
except that lots developed pursuant to Government Code Section
65852.21 shall not be eligible for such a discretionarx permit.
For lots developed pursuant to Government Code Section 65852.21,
upon development of the lot. appropriate public right of way
L. Off-street Improvements dedications shall be made to accommodate the predominant width
M. Short
Prohibited.
of the street and street improvements shall be installed to the Public
Works Departments standards.
Term Rentals No residential unit created pursuant to Government Code Section
65852.21 may be rented for a term of 30 days 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.
A. Miscellaneous Ministerial Permit Required. The Director of
Community Development shall ministerially approve up 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 applicable
objective zoning standards. objective subdivision standards, and
objective design review standards.
B. The Director of Community Development shall impose all
objective zoning standards. objective subdivision standards, and
objective design review standards in the Municipal Code, General Plan.
any applicable specific plan, and other objective land use specifications
that do not conflict with the requirements of Government Code Section
65852.21. including but not limited to the standards for ministerial
development projects in Section 19.40.050 and 19.40.060.
Ordinance No. 22-2238
Page 44
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
upon a preponderance of the evidence. that the proposed housing
development project would have a specific. adverse impact, 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
impact.
D. Application and Fees. An application 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
sufficiently recover the cost of administering the requirements of this
section. The application shall be accompanied by all technical reports,
plans and information required to make a determination on the
proposed project.
E. Objective Zoning and Design Standards for Ministerially
Approved Housing Development Projects. In addition to any applicable
objective zoning standards. objective subdivision standards. and
objective design review standards in the Municipal Code. a housing
development project approved pursuant to this Section must comply
with all applicable objective zoning and design standards to the
maximum extent permissible under Government Code Section 65852.21,
including but not limited to the standards for ministerial development
projects in Section 19.40.050 and 19.40.060 and the following:
1. Basements Not allowed.
2. Balconies, Not allowed.
decks or other
similar
structures
3. Design a. Windows and doors shall either:
Standards I. Have a minimum three-and-one half inch
in width by three-quarter inch in depth
trim when protruding from the wall or
Ordinance No . 22-2238
Page 45
11. Be inset a minimum of three inches from
the exterior finish of the structure. If
recessed, the primary siding material
shall cover the recessed edge faces and
wrap toward the interior face of the
window glazing or door by not less than
two-inch depth.
b. All garage doors shall be recessed a minimum
of six (6) inches from the surrounding
building wall and shall include trim of at least
one and a half (1.5) inches in depth.
c. Roof overhangs or building eaves shall be a
minimum of 12 inches in width.
d. Detached structures on a lot must use the
same architectural style and materials.
e. Where the garage faces the side yard, but is
visible from the street. the garage shall
incorporate a window on the street front
facade so that it appears to be a habitable
portion of the house. The window style must .
be the same as the windows on the habitable
dwelling unit<s).
f. Garage doors for no more than two car spaces
shall be visible from the public right of way.
g. The elevation facing a street shall incorporate
at least four architectural features, such as bay
windows or an entry feature, and/or elements
of architectural interest. such as wall insets or
offsets, planters, railings, trellises, a
combination of roofing elements (e.g. hip and
gable roofs), dormers, change in architectural
materials, quoins, accent tiles, or an accent
window inset greater than six inches.
Windowsills, door or window trim, and
roofing materials do not count as one of the
features.
h. Gable ends and dutch gable ends taller than
thirty inches shall include at least one element
of architectural interest such as:
Ordinance No. 22-2238
Page 46
4. Private
Snace
ORen
5. Refuse,
rec;xcling and
other containers
6. Parking
■ a wall offset with corbels, brackets or
change in materials;
■ louvered wood or metal vents;
■ cla;x Qr terracotta tile vents;
■ accent tile decoration;
■ medallion decoration;
■ metal grille;
■ a change in architectural materials;
■ incorRoration of corbels;
■ decorative gable Rediments;
■ e;x;ebrow trellises or Rergola structurall;x
attached to the building or
■ windowsLglazing.
I. Stone veneer or accent materials used as a
wainscot on a street facing fas;ade shall be
wraRned around to the side fas;ade and end at a
logical terminus, such as a fence line or a
chimne;x;.
J· Stone veneer or an;x other siding material
wraRned on columns shall terminate at the
floor.
Each unit must nrovide at least 15°io of the unit
floor area as Rrivate onen SRace on the first floor,
with no dimension less than 10 feet.
a. A minimum 8 foot b;x; 3 foot snace ner unit, not
visible from the street, shall be Rrovided in an
interior ;x;ard behind a fence.
b. This area shall not be concurrent with an;x
emergenc;x access Rathwa;x reguired b;x the
Fire De:gartment.
a. Units shall have at least one off-street narking
s:gace, excent that narking reguirements shall
not be imnosed in either of the following
instances:
I. The :garcel is located within one-half mile
walking distance of either a high-gualitx
transit corridor, as defined m Public
Resources Code Section 21155{b} Code, or
Ordinance No . 22-2238
Page 47
of a major transit stop. as defined in Public
Resources Code Section 21064.3 .
11. There is a car share vehicle located within
one block of the parcel.
b. Parking space(s) shall be provided in an
enclosed garage encompassing 10' by 20'
space for each space.
c. When additional enclosed parking space(s)
is/are provided. the space(s) shall meet the
requirements of Chapter 19.124.
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 housing development projects are materially
amended. whether by legislation 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. Any dwelling unit approved pursuant to this Section shall be
ineligible for conversion to a condominium. community apartment. or
stock cooperative project. Any application for a tentative subdivision
map or tentative parcel map for a residential condominium conversion
of a unit created pursuant to this Section shall be denied by the
Department of Community Development.
14. Add a new Section 19.112.060 of the Cupertino Municipal Code to read as
follows:
19.112.060 Accessory Dwelling Units Prohibited on Certain Lots.
Notwithstanding Government Code Section 65852.2 or 65852.22 or any
provision of this Chapter. no accessory dwelling unit or a junior accessory
dwelling unit shall be permitted on any lot in single-family residence
district (R-1 or RHS) if a lot split has been approved pursuant to Section
18.12.70 and one or more residential units has been approved for
construction pursuant to Section 19.28.150 or 19.40.090 (Government Code
Section 65852.21).
Ordinance No. 22-2238
Page 48
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 remain necessary to protect
public health, safety, and welfare of residents of the City of Cupertino. The City Council
therefore finds that an extension of the interim ordinance adopted pursuant to
Government Code Section 65858 is necessary prevent a current and imminent threat to
the public, health, safety, and welfare.
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 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 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 unconstitutional.
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, shall take effect immediately, and shall remain in effect until December 19, 2022,
unless further extended pursuant to Government Code Section 65858.
Ordinance No . 22-2238
Page 49
h1troduced and adopted on this 1st day of February, 2022, at a Regular Meeting of the City
Cotmcil of the City of Cupertino by the following roll call vote:
Vote Members of the City Council
AYES: Paul, Chao, Moore, Wei, Willey
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
arcy
City of Ct
ATTEST:
Kirsten Squarcia, City Clerk
APPROVED AS TO FORM:
Christopher Jensen, City Attorney
Date
Date
Feb 3, 2022
Date
2/8/22
Ordinance No. 22-2238
Final Audit Report 2022-02 -04
Created: 2022-02-04
By: Araceli Alejandre (aracelia@cupertino.org)
Status: Signed
Transaction ID: CBJCHBCAABAAIEg7fi9wEsMcOGgmMNr8rj74d-pd6qk9
"Ordinance No. 22-2238" History
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IR. Document emailed to Christopher D. Jensen (christopherj@cupertino.org) for signature
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fl I
POV.,£RE09'f
Ad obe Sign
4;Vl"&ffT ltfQ
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. 22-2238 which
was enacted on February 1, 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 8th day of February 2022.
____________________________________________
KIRSTEN SQUARCIA, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California