Cupertino City Council
November 1, 2022

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 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 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).

Under Government Code Sections 66411.7(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. 340
CC 11-01-2022
340 of 529
Ordinance No. XX-XXX

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:

1. 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.

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 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 341
CC 11-01-2022
341 of 529
Ordinance No. XX-XXX

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 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. 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. An applicant for an urban lot split shall provide proof, to the satisfaction of the Director of Community Development, that the property has not been occupied by a tenant in the three years preceding the submission of an application.

G. An applicant for an urban lot split pursuant to this Section shall sign an affidavit stating that the applicant intends to occupy a housing unit on 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 402.1(a)(11)(C)(ii), or is a qualified nonprofit corporation, as described in Revenue and Taxation Code Section 214.15.

H. Objective Subdivision Standards for Ministerially Approved Lot Splits. In addition to any applicable objective subdivision standards in this Title or the Subdivision Map Act and the requirements of Government Code Section 66411.7, a lot split approved pursuant to this 342
CC 11-01-2022
342 of 529
Ordinance No. XX-XXX

Section must, to the maximum extent permissible under Government Code Section 66411.7, comply with the objective standards including but not limited to objective standards for urban lot splits set forth in Sections 19.28.060 and 19.40.050.

I. 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.

Additionally, a bay or projecting window shall:
a. Be a projection of windows, not walls;
b. Be cantilevered no more than twenty-four inches from an exterior wall;
c. Be a minimum of twenty-four inches from the finished floor; d. Not create a projection of the floor;
e. Not occupy more than 50% of an exterior wall face.

These limitations do not apply to bay windows which have been counted towards floor area and meet required setbacks.
“Buildable Area” means the lot area in which structures may be located, not including required yard or access areas.
"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, and having no internal connection. “Flat Yard Area” means a yard area graded to a slope of 5% or less, used for active or passive private recreation, not including a driveway. 343
CC 11-01-2022
343 of 529
Ordinance No. XX-XXX

"Floor area" means the total area of all floors of a building measured to the outside surfaces of exterior walls, and including the following:

1. Halls;

2. Base of stairwells;

3. Base of elevator shafts;

4. Services and mechanical equipment rooms;

5. Interior building area above fifteen feet in height between any floor level and the ceiling above;

6. Residential Bbasements in the A, A1, R1 and RHS zoning districts with lightwells that do not conform to Section

19.28.070(I);

7. Residential basements in the R1 and RHS zoning districts on projects pursuant to Government Code section 65852.21

8. Residential garages;

9. Roofed arcades, plazas, walkways, porches, breezeways, porticos, courts, and similar features substantially enclosed by exterior walls;

10. Sheds and accessory structures.
“Floor area” shall not include the following:

1. Residential Bbasements in the R1 and RHS zoning districts with lightwells that conform to Section 19.28.070(I);

2. Required Llightwells;

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.
“Living space” means, for the purposes of Chapter 19.112, Section

19.40.090, and Section 19.28.150, the same as that set forth for “living area” in California Government Code Section 65852.2(j)(4). All attic and 344
CC 11-01-2022
344 of 529
Ordinance No. XX-XXX

basement square footage proposed as part of an Accessory Dwelling Unit shall be limited by the maximum size allowed per Chapter 19.112. "Lot" means a parcel or portion of land separated from other parcels or portions by description, as on a subdivision or record of survey map, or by metes and bounds, for purpose of sale, lease or separate use.

1. "Corner lot" means a lot situated at the intersection of two or more streets, or bounded on two or more adjacent sides by street lines.

2. "Flag lot" means an interior lot with a long, narrow portion of the 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, that consists entirely of and provides the sole means of vehicular connection between the buildable area of the lot and an abutting street.

3. "Interior lot" means a lot other than a corner lot or a flag lot.

4. "Key lot" means the first lot to the rear of a corner lot, the front line of which is a continuation of the side lot line of the corner lot, and fronting on the street which intersects or intercepts the street on which the corner lot fronts.

5. “Pie-shaped lot” means an interior lot, that is not a flag lot, where the front lot line abuts a cul-de-sac, and a) is at least 20% shorter than the rear lot line or b) has five or more lot lines. "Lot depth" means the horizontal distance measured, removing all existing and future dedications, from the midpoint of the front lot line to the midpoint of the rear lot line, or to the most distant point on any other lot line where there is no clear rear lot line.
“Private Open Space,” for the purposes of Section 19.28.150 and

19.40.090, means an area, excluding the required front setback, between the structure and the street property line occupied by active or passive recreation facilities (e.g., deck, patio, playground equipment, porch, swimming pool, etc.) provided it is open on at least two sides and not covered by a roof, patio cover, or canopy.
“Street Frontage,” for purposes of Chapter 19.28, means the length of the curb (or if a curb is absent, the length of the portion of the street paved 345
CC 11-01-2022
345 of 529
Ordinance No. XX-XXX

with asphalt or similar material designed for automobile traffic) parallel and closest to a property’s front lot line.
“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 is surrounded by solid barriers that are at least six inches tall on three or more 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:

Type of Permit
or Decision A, B
Adminis
trative
Review
Design
Review
Committee
Planning
Commission
City
Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing
Radius D
Posted
Site
Notice
Expira
tion
Date E
Chapter/
Findings
Miscellaneous
Ministerial
Permit
F - - - None Adjacent Yes 1 year

19.28.150
and

19.40.090

4. Amend Section 19.12.030 Approval Authority, subsection Extensions to add the following:

Type of Permit
or Decision A, B
Adminis
trative
Review
Design
Review
Committee
Planning
Commission
City
Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing
Radius D
Posted
Site
Notice
Expira
tion
Date E
Chapter/
Findings
Miscellaneous
Ministerial
Permit
Not allowed

5. Amend Section 19.12.110 F of the Cupertino Municipal Code to read as follows:
346
CC 11-01-2022
346 of 529
Ordinance No. XX-XXX

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 accordance 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 R1 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 R1 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:
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
347
CC 11-01-2022
347 of 529
Ordinance No. XX-XXX

following visual representations of the proposed
project:
i. A color perspective drawing or threedimensional (3-D) photographic simulation of the proposed project, in a size deemed
appropriate by the Director of Community
Development.
ii. For Two Story Permits, Residential Design
Review Permit, and Miscellaneous Ministerial
Permit applications, a color or black and white
perspective drawing or three-dimensional (3-D)
photographic simulation of the proposed
project, at least 11 inches by 17 inches in size.
iii. Visual Representation is not required for
applications that do not have a material change
in the physical appearance of the property.

6. Amend Section 19.12.110 of the Cupertino Municipal Code to add a new subsection G as follows:

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 19.12.170 of the Cupertino Municipal Code to read as follows:

F. An appeal may be filed by any person, firm or corporation aggrieved or affected by any grant, denial, modification or revocation of any permit, or any determination or interpretation related to any provision of this title. 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:
348
CC 11-01-2022
348 of 529
Ordinance No. XX-XXX

Planning permit required prior
to building permit application
Approval
authority
Type of Project
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 R1-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

4. New or expanded second story deck or
balcony with views into neighboring
residential side or rear yards in all
districts except R1-a or on any project
previously developed pursuant to
Government Code Section 65852.21

5. Any active or passive solar structure
that requires variation from the setback
or height restrictions of this chapter,
provided that provided that no 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
slopes equal to or greater than 20% and
with total floor area ratio of all
structures on the lot greater than 35%
349
CC 11-01-2022
349 of 529
Ordinance No. XX-XXX

Planning permit required prior
to building permit application
Approval
authority
Type of Project
C. Director’s Minor
Modification, pursuant to
Chapter 19.12, Administration
Encroachment of porch elements into the
required front yard setback in the R1-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 (I) except in an R1-a zone.

E. Residential Design Review,
pursuant to Chapter 19.12,
Administration
Admin.
with
design
review
Two-story addition or new two-story home
in all districts except R1-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
DRC
with
design
review
Two-story addition, new two-story home,
and/or second story deck in the R1-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 R1-e Building Design
Requirements], and/or 19.28.110
[Landscape Requirements].

G.Hillside Exception, pursuant
to Chapter 19.12,
Administration PC
Development (area greater than 500 square
feet) on slopes greater than 30%
H.Architectural and Site
Approval, pursuant to
One or two-story addition or new home on
a sloped single-family residential lot with
development on building pads/graded
350
CC 11-01-2022
350 of 529
Ordinance No. XX-XXX

Planning permit required prior
to building permit application
Approval
authority
Type of Project
Chapters 19.12,
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,
pursuant to Chapters 19.12,
Administration
Two-story addition or new two-story home
in an R1 zoning district with an “i” suffix
J. Miscellaneous Ministerial
Permit
Admin 1. New one or two-story duplex project
in an R1 zoning district pursuant to
Government Code Section 65852.21

2. New one or two-story single-family
home, secondary principal dwelling
unit, or two-story addition in an R1
zoning district pursuant to
Government Code Section 65852.21

9. Amend Section 19.28.060 of the Cupertino Municipal Code to read as follows:

R1-5 R1-6, 7.5, 8, 10, 20,
etc., and R1-6e
R1-a
A. Minimum
net lot area 1
i. 5,000
square feet
ii. the number
multiplied by 1,000
square feet
iii. 10,000 square feet
iv. For lots created under the provisions of Government Code Section 64411.7, each of the resulting lots shall have a lot area of at least 40% of the original lot being subdivided, with no lots less than 1,200 square feet.

B. Minimum lot
width (at the
front setback
line)
i. 50 feet ii. 60 feet iii. 75 feet
iv. For lots created pursuant to the provisions of Government Code Section 64411.7:
a. No more than two new, non-curved property lines may
be added to create a new lot.
351
CC 11-01-2022
351 of 529
Ordinance No. XX-XXX

R1-5 R1-6, 7.5, 8, 10, 20,
etc., and R1-6e
R1-a
b. Existing interior lots or pie shaped lots with either (i) 60 feet to 75 feet of or more street frontage, or (ii) more than 75 feet of street frontage and a lot depth of up to 145 feet shall result in lots with : resulting lots shall have a street frontage that is between at least 40-60% of the lot
widthexisting street frontage of the lot being
subdivided. Resulting lots shall have a side-by-side
orientation and shall not create a landlocked parcel.
c. Existing interior lots or pie shaped lots with more than 75 feet of street frontage and a lot depth of more than 145 feet, may be subdivided in one of the following ways:
i. Resulting lots shall have a street frontage that is at least 40% of the existing street frontage of the lot
being subdivided. Lots shall have a side-by-side
orientation and shall not create a landlocked parcel; or ii. One of the resulting lots shall be a flag lot with access to the street. The buildable area of the flag lot shall span the entire distance between the two side
property lines that intersect with the front property
line of the lot being subdivided.
d. Existing interior lots or pie shaped lots with less than 60 feet of street frontage shall result in one flag lot with access to the street. The buildable area of the flag lot shall span the entire distance between the two side
property lines that intersect with the front property line of the lot being subdivided.
e. Existing flag lot subdivision shall result in lots in the same orientation as the existing lot (i.e., the existing front lot line must be the front lot line of the future lots and the existing rear lot line shall be the rear lot line of the future lots) and that are between 40-60% of the lot width of the lot being subdivided.
f. Corner lots shall be subdivided in a manner that splits the existing street side property line to create at least one front lot line on that frontage.
352
CC 11-01-2022
352 of 529
Ordinance No. XX-XXX

R1-5 R1-6, 7.5, 8, 10, 20,
etc., and R1-6e
R1-a
C. Landscaping i. See Chapter 14.15, Landscape
Ordinance.
ii. At least 50% of the front yard of
any project approved pursuant to
Chapter 19.28.150 shall be occupied
by non-hardscape landscaping.
iii. Landscaping plans are
required for all additions
or new homes. The
purpose of the
landscaping is to beautify
the property and to
achieve partial screening
of building forms from
the street and adjacent
properties. Generally, the
landscaping may include
shrubbery, hedges, trees,
or lattice with vines on
fences.
iv. At least 50% of the
front yard of any project
approved pursuant to
Chapter 19.28.150 shall
be occupied by nonhardscape landscaping.

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 projects proposed pursuant to Government Code
Sections 64411.7 and/or 65852.21, total site grading shall be limited to 2,500 cubic yards for the entire site as calculated prior to subdivision.
iv. For projects proposed pursuant to Government Code
Sections 64411.7 and/or 65852.21, flat yard area created by grading areas that are sloped more than 10% shall be
limited to 2,500 square feet, not including the driveway, as calculated prior to any subdivision.
353
CC 11-01-2022
353 of 529
Ordinance No. XX-XXX

R1-5 R1-6, 7.5, 8, 10, 20,
etc., and R1-6e
R1-a

2. Fences See Chapter 19.48, Fence Ordinance
E. Development
(structures,
improvements, or
grading)

1.On actual
slopes ≥ 30%
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 Exception is permitted on lots developed pursuant to Section 19.28.150.

2. For projects
proposed
pursuant to
Government
Code Sections
64411.7 and/or
65852.21
i. Unless required by the City Engineer or to meet Fire Code requirements, grading activity shall not result in a change in grade elevation of more than 12-inches from existing natural grade.
ii. In all cases, the following shall apply:
a. Change in grade elevation shall be limited to the
minimum extent necessary to ensure adequate drainage
and access as demonstrated by a grading and drainage
plan prepared by a registered civil engineer.
b. Split level designs shall be used to avoid additional change in grade elevation.
c. Unless otherwise required by the City Engineer, spoils shall be balanced on site and shall match the existing
grading and drainage pattern of the site.
d. Unless required by the City Engineer, development shall not result in a finished floor more than 36 inches above finished grade.

F. On-site
improvements
All properties shall provide a 4.5-foot-wide pathway, a 4.5- footwide planting strip, curb and gutter, curb cut, AC
pavement, and underground utilities at the street as follows:
354
CC 11-01-2022
354 of 529
Ordinance No. XX-XXX

R1-5 R1-6, 7.5, 8, 10, 20,
etc., and R1-6e
R1-a
i. Detached pathway when a property on either side of the subject property has a detached pathway;
ii. Monolithic pathway when a property on either side of the subject property has a monolithic pathway
iii. When properties on either side of the subject property do not have a pathway, a pathway that matches the predominant pattern of pathways on the street, as determined by the City Engineer, shall be provided,
unless the subject property has a “semi-rural”
designation adopted by City Council resolution.
iv. The City Engineer shall adopt any objective standard necessary to implement the requirements of this
paragraph.

G. Driveways
for
developments
pursuant to
Government
Code Section
64411.7 or
65852.21

1. For interior lots with a street frontage of 35 feet or less, no more than a one-car wide driveway curb cut shall be
permitted. A distance of at least 22 feet shall be provided between two, one-car wide curb cuts, else, a shared
driveway curb cut, no more than a two-car curb cut, may be provided.

2. Unless subject to subsection (3) below, for interior or pieshaped lots with a street frontage of more than 35 feet: a maximum two car driveway curb cut is permitted provided a distance of at least 22 feet is provided between existing and proposed driveway flares, else the driveway curb cut shall be limited to a one-car driveway curb cut.

3. When an Urban Lot Split results in a flag lot, the two resulting lots shall share vehicular access off of the access area of the resulting flag lot, unless one of the lots is a new interior lot with a minimum street frontage of 50 feet. The access area shall be a minimum of 20 feet and a maximum of 25 feet in width, comprising a minimum 16-foot drive aisle and a minimum 2-foot-wide landscaping planter on
either side. A maximum two car driveway curb cut is
permitted at the right of way. No other curb cuts shall be permitted.
355
CC 11-01-2022
355 of 529
Ordinance No. XX-XXX

Notes:

R1-5 R1-6, 7.5, 8, 10, 20,
etc., and R1-6e
R1-a

4. Where a shared driveway (not through a flag lot) is
proposed:
i. No additional curb cuts shall be permitted.
ii. 50% of the width of the shared driveway curb cut shall be on each property.
iii. A maximum two car curb cut shall be permitted.

5. Where shared driveway access through a flag lot is required and would provide access to new development, the
driveway access for front lot shall be located in the rear 50% of the property.

6. On lots where an existing residence is retained on the site of an urban lot split or development pursuant to
Government Code Section 65852.21, an existing curb cut of not more than 18 feet in width may remain when providing exclusive access to the existing residence.

7. A maximum 18’ wide car curb cut is allowed when a two-car curb cut is permitted.

8. A maximum 12’ wide curb cut is allowed when a one-car curb cut is permitted.

9. When shared access is proposed, a covenant, necessary for appropriate ingress and egress easements, shall be recorded prior to final parcel map recordation.

10. 10. A maintenance agreement shall be recorded to ensure shared maintenance of any shared access easements,
stormwater treatment, landscaping and private utilities, prior to final parcel map recordation.

H. Easements
and Covenants
required for
subdivisions
pursuant to
Government
Code Section
64411.7

1. Utility easements shall be recorded prior to final parcel map recordation.

2. A covenant necessary for maintenance of stormwater
treatment facilities shall be recorded prior to final map recordation.
356
CC 11-01-2022
356 of 529
Ordinance No. XX-XXX

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. iii. Landscape improvements shall meet the requirements as established in the Landscape Ordinance, Chapter 14.15.
iv. Landscape improvements shall be installed prior to final occupancy unless such installation is impracticable, in 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 Approval of Up to Two Units.

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 357
CC 11-01-2022
357 of 529
Ordinance No. XX-XXX

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 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, above.
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.
358
CC 11-01-2022
358 of 529
Ordinance No. XX-XXX

c. Notwithstanding subparagraph (a),
development pursuant to this Section may
have a maximum Floor Area Ratio of up to
45% of the net lot area, and a maximum Lot
Coverage of 45% of the net lot area plus an
additional 5% for roof overhangs, patios,
porches, and other similar features not
Substantially Enclosed, if it complies with
the requirements of Paragraph B and
subparagraphs 2 through 16 of this
Paragraph; provided, however, that a
housing development project on a lot having
a slope 30% or greater shall not exceed the
floor area allowed under Chapter 19.40.

However, under no circumstances shall the
size of any ministerially approved unit
exceed 2,000 square feet of living space.
d. If the site has been occupied by a tenant in
the last three years, no more than 25% of the
exterior walls of an existing unit shall be
demolished.
e. If no dedication was required for creation of
the lot, the project shall include a dedication
to accommodate the predominant public
right of way, as determined by the City
Engineer, abutting the corresponding lot line
and frontage improvements, including curb,
gutter and sidewalk shall be installed by the
applicant.

2. Second to
First Floor
Area Ratio:
a. The ratio of the second story to first story
floor area shall not exceed 50% except that:
i. In all R1 zoning districts except the R1-a
district:

1. The ratio of the second story to first
story floor area may exceed 50%, up to
a maximum of 66%, if a combined
first-story side setback of 15 feet (with
no first- story side setback less than
359
CC 11-01-2022
359 of 529
Ordinance No. XX-XXX

five feet), second- story side setbacks
of at least 15 feet each, a rear setback of
20 feet on the first story and a rear
setback of 25 feet on the second story
are provided.,
ii. In the R1-a zoning district:

1. The maximum ratio of the second
story to first story floor area is 40%
but no larger than 500 square feet,
except where allowed below;

2. A second floor may exceed 500 square
feet, but shall not in any case exceed
1,100 square feet, if first-story side
setbacks of at least 10 feet each , a
combined second-story side setback
of 35 feet (with no second story side
setback less than 15 feet), and a rear
setback of 20 feet for the first story
and 40 feet for the second story are
provided.
b. Interior areas (measured from the finished
floor to the top of the roof rafters) with
heights greater than 16 feet shall be double
counted as floor area as follows:
i. For one story homes, the floor area shall be
double counted as first floor area.
ii. For two story homes, the floor area shall be
counted once each for first and second
floor area.

3. Setbacks: a. Minimum first-story front setback is 20 feet, unless otherwise required in a tract map or
zoning map except that:
i. In the R1-a zoning district, the required
minimum setback is 30 feet.
ii. Garages with up to two parking spaces
shall be set back two additional feet
from the face of the living area of the
360
CC 11-01-2022
360 of 529
Ordinance No. XX-XXX

unit, not including a front entry feature
or porch.
iii. Third car garage spaces:

1. On lots when the garage is visible
from the street: parking shall be
provided in tandem or in a detached
accessory structure at the rear of the
property.

2. On flag lots or on side-oriented
garages located at the rear of the
principal unit: a third parking space
may be on the same wall plane as the
other two parking spaces.
b. Minimum second-story front setback is 25
feet except that:
i. In the R1-a zoning district, the required
minimum setback is 30 feet.
c. Minimum first- and second-story side and
rear setbacks shall be four feet each;
provided, however, that:
i. No setbacks shall be required for an
existing structure or for a structure
constructed in the same location and to
the same dimensions as an existing
structure.
ii. No new or expanded structures shall
encroach upon any existing public or
private utility easements.
iii. No setback shall be required from a
shared new side lot line between the
two new lots created pursuant to an
Urban Lot Split under Government
Code Section 66411.7 when:

1. More than one new primary
dwelling unit is approved
concurrently with an Urban Lot
Split; and
361
CC 11-01-2022
361 of 529
Ordinance No. XX-XXX

2. Units with a zero-foot setback are
developed concurrently; and

3. All other side yard setbacks are a
minimum of five feet on the first
story and 10 feet on the second
story; and

4. The entirety of wall faces along the
shared property line are
structurally attached; and

5. Structures along the new shared
property line are no more than zero
feet or less than four feet.
iv. The required building envelope shall
not apply to the portions of structures
with a zero-foot setback.
d. Corner Triangle: No portion of a structure
shall be located within a corner triangle,
provided that in no case shall a side yard
setback of more than four feet be required.
e. Detached primary residential structures:

Detached structures located on the same lot
shall have a setback of five feet as measured
between the eaves of the two structures.

4. Maximum
height:
a. Principal Dwelling units are limited to 28
feet in height and no more than two stories
except that:
i. In R-1 Zoning Districts with “i" suffix,
buildings shall be limited to one story (not
to exceed 18 feet).
b. First-story building envelope: All the
maximum exterior wall height and building
height on single-story structures and singlestory sections of two-story structures must fit into the building envelope defined by:
i. A 9-foot-high vertical line from natural
grade measured at the property line; and
362
CC 11-01-2022
362 of 529
Ordinance No. XX-XXX

ii. A 25-degree roof line angle projected
inward at the 9-foot-high line referenced
above;
Notwithstanding the first-story building
envelope, a gable end of a roof enclosing an
unfinished attic space may have a maximum
wall height of 13 feet to the peak of the roof
as measured from natural grade.
c. Second-story building envelope: All the
maximum exterior wall height and building
height on two-story sections of two-story
structures must fit into the building
envelope defined by:
i. A 15-foot-high vertical line from natural
grade measured at the property line; and
ii. A 25-degree roof line angle projected
inward at the 15-foot-high line referenced
above.
d. Notwithstanding subsections (b) and (c)
above, portions of the structures developed
utilizing the provisions of subsection (3)(c)
above, do not have to meet the first story or
second story building envelope
requirements.

5. Basements: Not allowed.

6. Landscaping
and Privacy
Protection:
a. Landscaping: All proposed landscaping shall
meet the requirements of Chapter 14.15 of the
Municipal Code
i. Front Yard Tree Required: A 24-inch box
California native tree that typically grows
to a mature height of more than 30 feet is
required for all two-story homes and
must be placed in the center 50% of the
front yard.
363
CC 11-01-2022
363 of 529
Ordinance No. XX-XXX

ii. An existing mature tree in the front yard
that is or can typically grow to a height of
30 feet of more and is located in the center
50% of the front yard can be used as the
front yard tree, subject to an ISA certified
arborist certifying that the tree is in good
health.
iii. A covenant shall be recorded to identify
the front yard tree as a Protected Tree and
notifying current and future property
owners to retain and maintain the tree in
good health.
b. Privacy Protection planting for windows
from second story windows shall be required
in the same manner as required pursuant to
Section 19.28.120, except as provided below:
i. Windows or other openings in the wall
with a side yard setback less than 10 feet
shall have a minimum windowsill height
of five feet one inch or shall have obscure
glass and be inoperable with a fixed
pane(s).
ii. Windows or other openings in the wall
with a rear yard setback less than 25 feet
shall have a minimum windowsill height
of five feet one inch, or shall have obscure
glass and be inoperable with a fixed
pane(s).
iii. Subsections (a) and (b) do not apply to
skylights or windows which do not have
views into an adjacent side or rear yard or
that face a street or a non-residential zoning
district.
iv. Minimum planter width required for
privacy planting shall be three feet.

Emergency access paths shall not be
concurrent with areas designated as
privacy planting planters.
364
CC 11-01-2022
364 of 529
Ordinance No. XX-XXX

7. Private open
space:

Each unit must provide at least 15% of the unit
floor area as private open space on the first floor,
with no dimension less than 10 feet. Private
open space shall not be located in the required
front yard setback area.

8. Permitted yard
encroachments
:
a. Front entry features, but not porches, may
encroach into a required front yard setback
up to three feet.
b. May extend into a required yard a distance
not exceeding three feet.
c. No architectural feature, or combination
thereof, whether a portion of a principal or
accessory structure, may extend closer than
three feet to any property line.
d. Architectural features may not exceed 50% of
the wall they are on, as measured from the
interior wall surfaces.

9. Second story
decks,
balconies, or
similar
features
Not allowed.

10. Design
standards:
a. Entry features:
i. A maximum of one entry feature per unit
is allowed and no more than one entry
feature per structure shall be allowed.
ii. The entry feature shall be oriented to face
the street and shall include a front entry
door also oriented to face the street.
iii. Maximum entry feature height is 14 feet
as measured from natural grade to the top
of the plate.
iv. If a duplex with attached units is
proposed, a proposed entry feature may
incorporate two entrance doors for the
two units. One of the entrance doors or a
common opening into a shared entry
portal shall be oriented to face the street.
365
CC 11-01-2022
365 of 529
Ordinance No. XX-XXX

v. If duplexes are proposed on corner lots,
the entrances to the two units shall be on
different street frontages, except that if
the corner lot fronts a major collector,
both the entrances may be located on the
minor collector or neighborhood street.
b. If a front porch (not a front entry feature) is
proposed, the porch shall be proportionately
greater in width than in height.
i. Porch elements shall have detailing that
emphasizes the base and have caps for
posts and fence elements of the porch.
c. Exterior and/or uncovered stair access shall
not be allowed to the second floor.
d. All new structures proposed in the R1-e
zoning district shall meet the building
design requirements in Section 19.28.080 and
shall meet the Eichler design guidelines.
e. In the R1-a zoning district, the second story
shall not cantilever over a first story wall
plane.
f. In addition to standards outlined in
subsections (1) – (9) above, development on
properties with an average slope greater than
10% shall comply with Section 19.40.050 (F),
(G), and (I) and Section 19.40.060(E), (H), (I)
and (J).
g. Windows and doors shall either:
i. Have a minimum three-and-one half
inch in width by three-quarter inch in
depth trim when protruding from the
wall or
ii. Be inset a minimum of three inches from
the exterior finish of the structure. If
recessed, the primary siding material
shall cover the recessed edge faces and
wrap toward the interior face of the
366
CC 11-01-2022
366 of 529
Ordinance No. XX-XXX

window glazing or door by not less than
two-inch depth.
h. All garage doors shall be recessed a
minimum of six (6) inches from the
surrounding building wall and shall include
trim of at least one and a half (1.5) inches in
depth.
i. Roof overhangs or building eaves shall be a
minimum of 12 inches in width.
j. Detached structures on a lot must use the
same architectural style and materials.
k. Where the garage faces the side yard, but is
visible from the street, the garage shall
incorporate a window on the street front
facade so that it appears to be a habitable
portion of the house. The window style must
be the same as the windows on the habitable
dwelling unit(s).
l. Enclosed living area shall be closer to the
street than garage space. Garages shall be set
back as identified in subparagraph (3) above.
m. No more than fifty percent of the front
elevation of a house shall consist of garage
space.
n. The maximum width of a garage on the front
elevation shall be 24 feet for a two-car garage.
o. Garage doors for no more than two car spaces
shall be visible from the public right of way.
p. Outdoor lighting shall comply with the
requirements of Chapter 19.102.
q. The elevation facing a street shall
incorporate at least four architectural
features, such as bay windows or an entry
feature, and/or elements of architectural
interest, such as wall insets or offsets,
planters, railings, trellises, a combination of
roofing elements (e.g., hip and gable roofs),
dormers, change in architectural materials,
367
CC 11-01-2022
367 of 529
Ordinance No. XX-XXX

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.
r. Gable ends and dutch gable ends taller than
thirty inches shall include at least one
element of architectural interest such as:
 a wall offset with corbels, brackets or
change in materials;
 louvered wood or metal vents;
 clay 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.
s. Stone veneer or accent materials used as a
wainscot on a street facing façade shall be
wrapped around to the side façade and end
at a logical terminus, such as a fence line or a
chimney or at an interior corner.
t. Stone veneer or any other siding material
wrapped on columns shall terminate at the
floor.

11. Accessory
buildings/
structures:
a. Allowed pursuant to the requirements of
Chapter 19.100, except that Accessory
Dwelling units or Junior Accessory Dwelling
units shall not be permitted on any lot in the
R-1 zoning district if a lot split has been
approved pursuant to Section 18.12.70 and
one or more unit(s) have been approved for
construction pursuant to Section 19.28.150 on
each resulting lot.
b. Limited to one story (not to exceed 15 feet)
368
CC 11-01-2022
368 of 529
Ordinance No. XX-XXX

c. Accessory Dwelling Units shall meet
subsections (1) and (2) above and shall
additionally be in compliance with the
regulations of Chapter 19.112.
d. Air conditioning units and similar
mechanical equipment such as generators,
sump pumps, heating, and ventilation
equipment shall be ground-mounted and
screened from public view or underground,
and shall meet accessory structure setbacks
and adhere to the requirements of Chapter

10.48 of the Municipal Code

12. Fences Shall comply with the requirements of
Chapter 19.48 of the Municipal Code.

13. Refuse,
recycling and
other
containers
a. A minimum 8-foot by 3-foot space per unit,
not visible from the street, shall be provided
in an interior yard behind a fence.
b. This area shall not be concurrent with any
emergency access pathway required by the
Fire Department.

14. Parking a. Units shall have at least one off-street parking space, except that parking
requirements shall not be imposed in either
of the following instances:
i. The parcel is located within one-half mile
walking distance of either a high-quality
transit corridor, as defined in Public
Resources Code Section 21155(b) Code, or
of a major transit stop, as defined in
Public Resources Code Section 21064.3.
ii. There is a car share vehicle located within
one block of the parcel.
a. Parking space(s) shall be provided in an
enclosed garage encompassing 10’ by 20’
space for each space unobstructed (i.e., by
walls, appliances, etc.) between six inches
from finished floor up to six feet from
finished floor.
369
CC 11-01-2022
369 of 529
Ordinance No. XX-XXX

b. When additional enclosed parking space(s)
is/are provided, the space(s) shall meet the
requirements of Chapter 19.124.

15. Driveway and
curb cuts:
a. A one car driveway shall be a minimum of 10
feet in width and a maximum of 12 feet in
width.
b. A two-car driveway shall be a maximum of
20 feet in width. Any third or more driveway
spaces shall be in tandem.
c. Subparagraphs a and b do not apply to the
flag lot access area.
d. When a two-car curb cut is permitted, a
maximum 18’ foot wide curb cut shall be
allowed.
e. When a one-car curb cut is permitted, a
maximum 12’ foot wide curb cut, shall be
allowed.

16. Short Term
Rentals
Prohibited:

No residential unit created pursuant to this
Section may 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 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.

11. Amend Section 19.40.050 of the Cupertino Municipal Code to read as follows:
370
CC 11-01-2022
370 of 529
Ordinance No. XX-XXX

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 property outside any approved
subdivision or parcel map boundary.

B. Minimum Lot Area

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.)
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. Nonsubdividable
legally-created,
developed lots
Shall reflect the existing lot size

5. Lots created
and / or
developed
pursuant to
a. Each resulting lot shall be at least 40% of the size of the original lot being split.
b. Each resulting lot shall share one common
driveway. If an existing driveway or curb cut
371
CC 11-01-2022
371 of 529
Ordinance No. XX-XXX

Government
Code Section
64411.7 and
65852.21
exists, a new driveway or curb cut location shall
not be approved.
c. Up to two new property lines may be added to
create a new lot and shall follow the contours of
the property.
d. If in an area where direct sanitary sewer
connection is unavailable, a percolation test
completed within the last five years, or if the
percolation test has been recertified, within the
last 10 years, must be provided.
e. Building pads shall be identified on the flattest
portion of a lot, closest to an existing driveway.

Where no driveway exists, building pads shall be
identified on the flattest portion of the lot, closest
to the access road unless doing so would result in
a combined grading total greater than that
required for siting elsewhere on the lot. In those
cases, building pads shall be sited so as to result in
the minimum required grading to develop two
units of up to 800 square feet each.
f. No side or rear setbacks shall be required for an
existing structure or for a structure constructed in
the same location and to the same dimensions as
an existing structure.
g. No new or expanded structures shall encroach
upon any existing public or private utility
easements.

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.

D. Development
on Substandard
Lots
A Hillside Exception shall be obtained to construct
structures or improvements on existing vacant legal
lots, except where prohibited by Government Code
Section 65852.21.

E. Site Grading
372
CC 11-01-2022
372 of 529
Ordinance No. XX-XXX

1. Maximum
Grading
Quantity
a. Cumulative total of 2,500 cubic yards, cut plus fill.

Includes: grading for building pad, yard areas,
driveway and all other areas requiring grading.

Excludes: basements
b. All cut and fill shall be rounded to contour with
natural contours and planted with landscaping
which meets the requirements in Section

19.40.050G
c. For each of the lots developed or created pursuant
to Government Code Sections 64411.7 and
65852.21, a cumulative total of 1,250 cubic yards,
cut plus fill (including grading for building pad,
yard areas, driveway, all other areas requiring
grading, and basements), except if the original lot
that was subdivided has already performed prior
grading, then the amount of grading that has
previously occurred shall be reduced from the
maximum grading quantity allowed cumulatively
on the two resulting lots.
d. For each of the lots developed or created pursuant
to Government Code Sections 64411.7 and
65852.21, unless required by the City Engineer or
to meet Fire Code requirements, grading activity
shall not result in a change in grade elevation of
more than 12-inches from existing natural grade.

In all cases, the following shall apply:
i. Change in grade elevation shall be limited
to the minimum extent necessary to ensure
adequate drainage and access as
demonstrated by a grading and drainage
plan prepared by a registered civil
engineer.
ii. Split level designs shall be used to avoid
additional change in grade elevation.
iii. Unless otherwise required by the City
Engineer, spoils shall be balanced on site
373
CC 11-01-2022
373 of 529
Ordinance No. XX-XXX

and shall match the existing grading and
drainage pattern of the site.
iv. Unless required by the City Engineer,
development shall not result in a finished
floor more than 36 inches above finished
grade.

2. Graded Area a. Shall be limited to the building pad area to the greatest extent possible.
b. For lots developed or created pursuant to
Government Code Sections 64411.7 and 65852.21,
graded areas are limited to within 50 feet of the
building pad area.

3. Multiple
Common
Driveways
Grading quantities shall be divided equally among the
participating lots.

E.g., two lots sharing a driveway shall divide the
driveway grading quantity in half. The divided share
will be charged against the grading quantity allowed
for that lot development.

4. Flat Yard Area a. Limited to a maximum of 2,500 square feet, excluding driveways
b. For lots developed or created pursuant to
Government Code Section 64411.7, limited to a
maximum of 1,250 square feet per lot, excluding
driveways, except as limited by subsection (I).

5. Soil Erosion
and Screening
of Cut and Fill
Slopes Plan
A licensed landscape architect shall review grading
plans and shall, in consultation with the applicant and the City Engineer, submit a plan to prevent soil
erosion and to screen cut and fill slopes.

F. Landscaping
374
CC 11-01-2022
374 of 529
Ordinance No. XX-XXX

1. Tree Planting
Plan
Shall be prepared by a licensed landscape architect
to:
a. Screen the residential structures to the greatest
possible extent from the following prominent
intersections.

For projects pursuant to Government Code Section
65852.21, no more than 50% of the visible wall face
surface area shall be visible from the following
prominent intersections:
i. Foothill Boulevard and Cristo Rey Drive
ii. Foothill Boulevard and Alpine Way
iii. Bellevue and Carmen Road
iv. Linda Vista Drive and Hyannisport Ave
v. Hyannisport Ave and Bubb Road
vi. Rainbow Ave and Weymoth Drive.

A visual simulation from each of the intersections
above shall be provided to indicate compliance.
b. Reintroduce trees on barren slopes which were
denuded by prior agricultural activities

2. Landscape
Requirements
Must comply with the Chapter 14.15, Landscaping
Ordinance and Wildland Urban Interface Fire Area
(WUIFA) requirements.

At least 50% of the front yard area shall be
landscaped (i.e., not hardscaped)

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 insure cover the cost 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
375
CC 11-01-2022
375 of 529
Ordinance No. XX-XXX

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
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.
a. Lots < 1 acre 50 feet
b. Lots ≥ 1 acre 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%
site line of
prominent
ridgeline
a. MayShall not further encroach into the site line. For example, the addition may not add height or bulk
which may increase the disruption to the fifteen
percent ridgeline site line.

3. Impractible
Clause
If (1) and (2) above are not practicable, alternatives
may be considered through the exception process,
provided that no discretionary exemption process is
allowed for projects seeking approval under
Government Code Section 65852.21.

I. Development
on Slopes of ≥
30%
a. Hillside Exception required for all grading,
structures and other development > 500 square feet,
except that on lots developed or created pursuant
to Government Code Sections 64411.7 and
65852.21, grading, building pads for structures and
376
CC 11-01-2022
376 of 529
Ordinance No. XX-XXX

other development is limited to a maximum of 500
square feet for each lot.
b. If the lots developed or created pursuant to
Government Code Sections 64411.7 and 65852.21
have no areas with slopes less than 30% that can
accommodate up to two units of 800 square feet
each, grading for building pads for structures is
limited to 800 square feet. No other development
shall be permitted on such lots (e.g. development
for flat yard area), unless required by the City
Engineer.

J. Trail Linkages
and Lots
Adjoining
Public Open
Spaces Site
Plan

1. a. Site plan must identify trail linkages as shown in the General Plan Trail Plan, on and adjacent to the
site.

2. b. If a trail linkage is identified across a property being developed, development shall not take place
within that area unless approved through the
exception process, except that on lots developed
or created pursuant to Government Code Sections
64411.7 and 65852.21, no development may occur
in an area where a trail linkage is identified on
the property.

3. c. For lots adjoining Public Open Spaces,
driveways and buildings shall be located as far as
feasible from the Public Open Space and designed
in a manner to minimize impacts on the Public
Open Space, except that on lots developed or
created pursuant to Government Code Sections
64411.7 and 65852.21, no development may occur
within 50 feet of a Public Open Space unless
doing so would preclude the development of up
to two units of 800 square feet each
K. Views and
Privacy
It is not the responsibility of City Government to
ensure the privacy protection of the building permit
applicant or owners of surrounding properties that
may be affected by the structure under construction.

However, the Director of Community Development
377
CC 11-01-2022
377 of 529
Ordinance No. XX-XXX

may confer with the building permit applicant to
discuss alternate means of preventing privacy
intrusion and preserving views except that for lots
developed or created pursuant to Government
Code Sections 64411.7 and 65852.21, privacy
protection planting, as required pursuant to
Section 19.28.120, is required for views from the
second story into adjoining side or rear yards.

Windows or other openings in the wall with a side
yard setback less than 15 feet or a rear yard setback
less than 25 feet shall have a minimum windowsill
height of five feet one inch, or shall have obscure
glass and be inoperable with a fixed pane(s).

12. Amend Section 19.40.060 of the Cupertino Municipal Code to read as follows:
378
CC 11-01-2022
378 of 529
Ordinance No. XX-XXX

Table 19.40.060: Building Development Regulations
A. Floor Area Ratio (FAR)

1. Maximum
Allowable
Development
a. Except as otherwise provided herein, a ministerially approved housing development project approved pursuant to this Section shall not exceed 800 square feet per unit. b. Notwithstanding Paragraph (a), a ministerially approved housing development approved pursuant to this Section may have a floor area as calculated in subsection (c) below, if it complies with the requirements of this Section; provided, however, that if the housing development is on a parcel created by a ministerial lot split under Chapter 18.20.170, the maximum allowable floor area for the original lot shall be allocated to each resulting lot equal to the proportionate size of each resulting lot to the original lot. However, under no circumstances shall the size of ministerially approved units exceed 2,000 square feet of living space. c. For projects not subject to ministerial approval under Paragraph (a) or (b), maximum allowable development shall be the lesser of:
a. i. 6,500 square feet; or
b. 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)*
*Formula = (4,500 + 



 Net Lot Area - 10000 
1000 (59.59)) x (Slope Adjustment Factor)

2. Slope
Adjustment
Factor based
on Average
Slope of Net
Lot Area
Avg.

Slope
Reduction (1.5 x
(Average Slope – 0.1))
a. Average
Slope ≤ 10%
No reduction in allowable floor area
Slope Adjustment Factor = 1 ≤ 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%
379
CC 11-01-2022
379 of 529
Ordinance No. XX-XXX

23% 19.5%
24% 21%
25% 22.5%
26% 24%
27% 25.5%
28% 27%
29% 28.5%
c. Average
Slope ≥ 30%
Allowable floor area shall be reduced
by a constant 30 percent
Slope Adjustment Factor = (1 – 0.3)
≥ 30% 30%

3. Additional Regulations for Lots Within Clustered Subdivisions where Land is Reserved for Common Open Space
a. Lot Area for calculating FAR May count a proportionate share of the reserved private open space to arrive at lot area for purposes of calculating FAR.
b. Maximum FAR prior to
slope consideration
No developable lot in a cluster development can exceed forty-fivepercent 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
portions of structures
taller than 20 feet)

1. Front-yard
a. Slope ≤ 20% 20 feet Driveway and
garage must be
designed to
enable vehicles
to park offstreet
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
380
CC 11-01-2022
380 of 529
Ordinance No. XX-XXX

b. Street Side on Corner Lot 15 feet 15 feet 20 feet
c. Lots developed pursuant to
Government Code Section
65852.21
4 feet 4 feet 4 feet

3. Rear-yard 20 feet 25 feet 25 feet
a. Lots developed pursuant to
Government Code Section
65852.21
4 feet 4 feet 4 feet
D. Second Story Decks and Patios Minimum Setbacks
First Floor Second
Floor
Habitable Third Floor (or
portions of structures
taller than 20 feet)

1. Front Yard - 17 feet 17 feet

2. Side Yard - 15 feet 15 feet

3. Rear Yard - 20 feet 20 feet

4. Lots developed pursuant to
Government Code Section
65852.21
Not allowed.

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 a five feet setbackoffset.
iii. The remaining 25% may not extend past (cantilever over) 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 qualifying offset feature. 381
CC 11-01-2022
381 of 529
Ordinance No. XX-XXX

2. Maximum Exposed Wall
Height on Downhill Elevation 15 feet

3. Maximum Height of
Retaining Walls Facing
Downhill
a. For ministerial projects, the maximum height of retaining walls facing downhill slopes shall be five feet, unless placed behind a dwelling unit or other similar structure and shall not be visible from the public right of way, prominent intersections listed in Section 19.40.050(F)(1), nor face an adjacent property. In all cases, retaining walls shall be screened with landscaping.
b. For discretionary projects, the maximum height of retaining walls facing downhill slopes may be variable but every effort shall be made to stagger retaining walls to maintain heights at five feet or less. Retaining walls shall be screened with landscaping. Retaining walls taller than five feet visible from the public right of way, prominent intersections listed in Section 19.40.050(F)(1), or to adjacent properties shall additionally be faced with architectural materials such as stucco, stone, etc.

F. Permitted Yard Encroachments

1. Extension of a Legal Nonconforming Wall Plane for
structures not located within a
prominent ridgeline site line
a. Where a building legally constructed according to existing first floor yard and setback regulations at the time of construction encroaches upon present required first floor setbacks, one encroaching side of the existing structure may be extended along existing building lines.
b. Only one such extension shall be permitted for the life of the building.
c. Encroachments into a required yard which are the result of the granting of a variance may not be further extended.
d. Further encroachment into a required setback is not allowed. I.e., a non-conforming setback may not be further reduced.
e. In no case shall any wall plane of a first-story addition be placed closer than three feet to any property line.
f. Shall not apply to properties developed or created pursuant to Government Code Section 65852.21 and 64411.7.
382
CC 11-01-2022
382 of 529
Ordinance No. XX-XXX

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 than three feet to any property line.
c. Second story decks or balconies may not further encroach into a required setback than allowed in Subsection D.

G. Accessory Structures
(including attached patio covers)
a. As allowed by Chapter 19.100, Accessory Buildings/Structures b. Lots created and developed with two units pursuant to Government Code Sections 64411.7 and 65852.21 may not
develop an Accessory Dwelling Unit or Junior Accessory
Dwelling Unit.
c. Air conditioning units and similar mechanical equipment such as generators, sump pumps, heating, and ventilation equipment shall be ground-mounted and screened from public view or underground, and shall meet accessory structure setbacks and adhere to the requirements of Chapter 10.48 of the Municipal Code
H. Design Standards

1. Building and Roof Forms
a. Natural Contours Building shall follow as closely as possible the primary natural contour of the lot.
b. Building Mass and Roof
Pitches
The main building mass shall be on the upslope side of the building and the roof pitches shall trend downslope.
c. Second Story Dormers Permitted within the second story setbacks as long as they are minor in shape and size.
d. Downhill Elevation of main
structure
Shall have a minimum of four offset building and roof elements to provide varied building forms to produce shadow patterns which reduce the impact of visual mass.
e. High Wall Planes
Wall planes exceeding one story or 20 feet in height, whichever is more restrictive, shall contain architectural elements in order to provide relief and to break up expansive wall planes.

2. Colors
383
CC 11-01-2022
383 of 529
Ordinance No. XX-XXX

a. Natural Earth Tones
All structures on the lot shall use natural earth tone and/or vegetation colors which complement the natural surroundings. Natural earthtone and vegetation colors include natural hues of brown, green and shades of gray.
b. Reflectivity Value Shall not exceed 60 on a flat surface

3. Outdoor Lighting All outdoor lighting shall meet the requirements in Chapter 19.102.

4. Garages
All projects shall strive to attain, except that projects pursuant to Government Code Section 65852.21 shall attain, the following standards:
a. No more than 50% of the façade visible from the right of way shall comprise the garage.
b. A two car garage face shall not exceed 24 feet and a one car garage face shall not exceed 12 feet.
c. Garages visible from the right of way shall be setback a minimum of two feet from the livable areas of the home except if only the garage and/or the entrance to the home, and no other livable portions of the home, are accessible from the street level. d. Third car spaces shall be provided in tandem or shall be provided in a detached accessory structure.

5. Entry Features
All projects shall strive to attain, except that projects pursuant to Government Code Section 65852.21 shall attain, the following standards:
a. Only one entry feature shall be permitted per structure and only one entry feature shall be visible from the public street. b. Duplexes shall have entrances to each unit on different frontages.
c. Entry features shall be limited to 14 feet in height from the natural grade to the top of wall plate.

6. Uncovered/exterior staircases Not allowed.

I. Geologic and Soils Reports
384
CC 11-01-2022
384 of 529
Ordinance No. XX-XXX

1. Applicability
A geological report prepared by a certified engineering geologist and a soils report prepared by a registered civil engineer qualified in soils mechanics by the State shall be submitted prior to issuance of permits for construction of any building or structure 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 the following:
i. The improvements include increasing the occupancy capacity of the dwelling such as adding a bedroom or secondary
Accessory Dwelling unit, or
ii. The cost of the completed addition, alteration or repairs will, during any period of twelve months, exceed twenty-five
percent of the value of the existing improvements as
determined by the 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.
385
CC 11-01-2022
385 of 529
Ordinance No. XX-XXX

2. Content of Reports
These reports shall contain, in addition to the requirements of Chapter 16.12 of this code, the following:
a. All pertinent data, interpretations and evaluations, based upon the most current professionally 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.

3. Incorporation of
Recommendations
All building and site plans shall incorporate the above-described corrective measures and must be approved by the City Engineer, upon a third-party peer review of the reports provided, at the applicant’s cost, prior to building permit issuance.

J. Private Roads and Driveways

1. Pavement Width and Design
The pavement width and design for a private road or common driveway serving two to five lots and a single-lot driveway 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. 386
CC 11-01-2022
386 of 529
Ordinance No. XX-XXX

K. Solar Design
The setback and height restrictions provided in this chapter may be varied for a structure utilized for passive or active solar purposes, provided that no such structure shall infringe upon solar easements or adjoining property owners. Variation from the setback or height restrictions of this chapter may be allowed only upon issuance of an Administrative Conditional Use Permit subject to Chapter 19.12, except that lots developed pursuant to Government Code Section 65852.21 shall not be eligible for such a discretionary permit.

L. Off-street Improvements
For lots developed pursuant to Government Code Section 65852.21, upon development of the lot, appropriate public right of way dedications shall be made to accommodate the predominant width of the street and street improvements shall be installed to the Public Works Departments standards.

M. Short Term Rentals
Prohibited.

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. 387
CC 11-01-2022
387 of 529
Ordinance No. XX-XXX

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,
decks or similar
structures
Not allowed.

3. Design
Standards
a. Windows and doors shall either:
i. Have a minimum three-and-one half inch
in width by three-quarter inch in depth
trim when protruding from the wall or
388
CC 11-01-2022
388 of 529
Ordinance No. XX-XXX

ii. Be inset a minimum of three inches from
the exterior finish of the structure. If
recessed, the primary siding material
shall cover the recessed edge faces and
wrap toward the interior face of the
window glazing or door by not less than
two-inch depth.
b. All garage doors shall be recessed a minimum
of six (6) inches from the surrounding
building wall and shall include trim of at least
one and a half (1.5) inches in depth.
c. Roof overhangs or building eaves shall be a
minimum of 12 inches in width.
d. Detached structures on a lot must use the
same architectural style and materials.
e. Where the garage faces the side yard, but is
visible from the street, the garage shall
incorporate a window on the street front
facade so that it appears to be a habitable
portion of the house. The window style must
be the same as the windows on the habitable
dwelling unit(s).
f. Garage doors for no more than two car spaces
shall be visible from the public right of way.
g. The elevation facing a street shall incorporate
at least four architectural features, such as bay
windows or an entry feature, and/or elements
of architectural interest, such as wall insets or
offsets, planters, railings, trellises, a
combination of roofing elements (e.g. hip and
gable roofs), dormers, change in architectural
materials, quoins, accent tiles, or an accent
window inset greater than six inches.

Windowsills, door or window trim, and
roofing materials do not count as one of the
features.
389
CC 11-01-2022
389 of 529
Ordinance No. XX-XXX

h. 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.
i. Stone veneer or accent materials used as a
wainscot on a street facing façade shall be
wrapped around to the side façade and end at a
logical terminus, such as a fence line or a
chimney.
j. Stone veneer or any other siding material
wrapped on columns shall terminate at the
floor.

4. Private Open
Space
Each unit must provide at least 15% of the unit
floor area as private open space on the first floor,
with no dimension less than 10 feet.

5. Refuse,
recycling and
other containers
a. A minimum 8 foot by 3 foot space per unit, not
visible from the street, shall be provided in an
interior yard behind a fence.
b. This area shall not be concurrent with any
emergency access pathway required by the
Fire Department.

6. Parking a. Units shall have at least one off-street parking space, except that parking requirements shall
not be imposed in either of the following
instances:
390
CC 11-01-2022
390 of 529
Ordinance No. XX-XXX

i. The parcel is located within one-half mile
walking distance of either a high-quality
transit corridor, as defined in Public
Resources Code Section 21155(b) Code, or
of a major transit stop, as defined in Public
Resources Code Section 21064.3.
ii. There is a car share vehicle located within
one block of the parcel.
b. Parking space(s) shall be provided in an
enclosed garage encompassing 10’ by 20’
space for each space, unobstructed (i.e., by
walls, appliances, etc.) between six inches
from finished floor up to six feet from
finished floor.
c. When additional enclosed parking space(s)
is/are provided, the space(s) shall meet the
requirements of Chapter 19.124.

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. 391
CC 11-01-2022
391 of 529
Ordinance No. XX-XXX

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 an urban lot split has been approved pursuant to Section 18.12.70 and one or more residential unit(s) have 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 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 and shall take effect on January 1, 2022.

Introduced and adopted on this 21st day of December, 2021, at a Regular Meeting of the City Council of the City of Cupertino by the following roll call vote:
392
CC 11-01-2022
392 of 529
Ordinance No. XX-XXX

Vote Members of the City Council

AYES: Paul, Chao, Moore, Willey
NOES: Wei
ABSENT: None
ABSTAIN: None

SIGNED:
_/s/Darcy Paul_______________________
Darcy Paul, Mayor
City of Cupertino

__ _____ ____________________
Date
ATTEST:
_/s/Kirsten Squarcia________ __________
Kirsten Squarcia, City Clerk

_____________________________
Date
APPROVED AS TO FORM:
_/s/Christopher D. Jensen______________
Christopher D. Jensen, City Attorney

_____________________________
Date
393
CC 11-01-2022
393 of 529
Senate Bill No. 9
CHAPTER 162
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.

Approved by Governor September 16, 2021. Filed with
Secretary of State September 16, 2021.]
legislative counsel’ s digest
SB 9, Atkins. Housing development: approvals.

The Planning and Zoning Law provides for the creation of accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions.

This bill, among other things, would require a proposed housing development containing no more than 2 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, including, but not limited to, that the proposed housing development would not require demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, that the proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls, except as provided, and that the development is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district.

The bill would set forth what a local agency can and cannot require in approving the construction of 2 residential units, including, but not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of up to 2 units or physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances.

The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency and sets forth procedures governing the local agency’ s processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification of those maps. Under the Subdivision Map Act, an approved or conditionally approved tentative map expires 24

STATE OF CALIFORNIA

AUTHENTICATED

ELECTRONIC LEGAL MATERIAL
394
CC 11-01-2022
394 of 529
months after its approval or conditional approval or after any additional period of time as prescribed by local ordinance, not to exceed an additional 12 months, except as provided.

This bill, among other things, would require a local agency to ministerially approve a parcel map for an urban lot split that meets certain requirements, including, but not limited to, that the urban lot split would not require the demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, that the parcel is located within a single-family residential zone, and that the parcel is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district.

The bill would set forth what a local agency can and cannot require in approving an urban lot split, including, but not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of 2 units, as defined, on either of the resulting parcels or physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances. The bill would require an applicant to sign an affidavit stating that they intend to occupy one of the housing units as their principal residence for a minimum of 3 years from the date of the approval of the urban lot split, unless the applicant is a community land trust or a qualified nonprofit corporation, as specified. The bill would prohibit a local agency from imposing any additional owner occupancy standards on applicants. By requiring applicants to sign affidavits, thereby expanding the crime of perjury, the bill would impose a state- mandated local program.

The bill would also extend the limit on the additional period that may be provided by ordinance, as described above, from 12 months to 24 months and would make other conforming or nonsubstantive changes.

The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment. CEQA does not apply to the approval of ministerial projects.

This bill, by establishing the ministerial review processes described above, would thereby exempt the approval of projects subject to those processes from CEQA.

The California Coastal Act of 1976 provides for the planning and regulation of development, under a coastal development permit process, within the coastal zone, as defined, that shall be based on various coastal resources planning and management policies set forth in the act. 2 395
CC 11-01-2022
395 of 529
This bill would exempt a local agency from being required to hold public hearings for coastal development permit applications for housing developments and urban lot splits pursuant to the above provisions.

By increasing the duties of local agencies with respect to land use regulations, the bill would impose a state- mandated local program.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for specified reasons.

The people of the State of California do enact as follows:

SECTION 1. Section 65852. 21 is added to the Government Code, to read:
65852. 21. ( a) A proposed housing development containing no more than two residential units within a single-family residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed housing development meets all of the following requirements:
1) The parcel subject to the proposed housing development is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
2) The parcel satisfies the requirements specified in subparagraphs ( B) to (K), inclusive, of paragraph ( 6) of subdivision ( a) of Section 65913. 4. 3) Notwithstanding any provision of this section or any local law, the proposed housing development would not require demolition or alteration of any of the following types of housing:

A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.

C) Housing that has been occupied by a tenant in the last three years. 4) The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner’ s rights under Chapter 12.75 ( commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
3 396
CC 11-01-2022
396 of 529
5) The proposed housing development does not allow the demolition of more than 25 percent of the existing exterior structural walls, unless the housing development meets at least one of the following conditions:

A) If a local ordinance so allows.

B) The site has not been occupied by a tenant in the last three years. 6) The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
b)( 1) Notwithstanding any local law and except as provided in paragraph ( 2), a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards that do not conflict with this section.
2)( A) The local agency shall not impose objective zoning standards, objective subdivision standards, and objective design standards that would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area.

B)( i) Notwithstanding subparagraph ( A), 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.
ii) Notwithstanding subparagraph ( A), in all other circumstances not described in clause ( i), a local agency may require a setback of up to four feet from the side and rear lot lines.
c) In addition to any conditions established in accordance with subdivision ( b), a local agency may require any of the following conditions when considering an application for two residential units as provided for in this section:
1) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:

A) The parcel is located within one- half mile walking distance of either a high-quality transit corridor, as defined in subdivision ( b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064. 3 of the Public Resources Code.

B) There is a car share vehicle located within one block of the parcel. 2) For residential units connected to an onsite wastewater treatment system, a percolation test completed within the last 5 years, or, if the percolation test has been recertified, within the last 10 years. d) Notwithstanding subdivision ( a), a local agency may deny a proposed housing development project 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 paragraph ( 2) of subdivision ( d) of Section 65589.5, upon public health and safety or the physical environment and for which there is 4 397
CC 11-01-2022
397 of 529
no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
e) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
f) Notwithstanding Section 65852.2 or 65852. 22, a local agency shall not be required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels that use both the authority contained within this section and the authority contained in Section 66411. 7. g) Notwithstanding subparagraph ( B) of paragraph ( 2) of subdivision b), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. h) Local agencies shall include units constructed pursuant to this section in the annual housing element report as required by subparagraph ( I) of paragraph ( 2) of subdivision ( a) of Section 65400.
i) For purposes of this section, all of the following apply:
1) A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit.
2) The terms “ objective zoning standards,” “ objective subdivision standards,” and “ objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. 3)“ Local agency” means a city, county, or city and county, whether general law or chartered.
j) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
k) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 Division 20 ( commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for a housing development pursuant to this section.

SEC. 2. Section 66411. 7 is added to the Government Code, to read:
66411. 7. ( a) Notwithstanding any other provision of this division and any local law, a local agency shall ministerially approve, as set forth in this section, a parcel map for an urban lot split only if the local agency determines that the parcel map for the urban lot split meets all the following requirements:
5 398
CC 11-01-2022
398 of 529
1) The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
2) A) Except as provided in subparagraph ( B), both newly created parcels are no smaller than 1,200 square feet.

B) A local agency may by ordinance adopt a smaller minimum lot size subject to ministerial approval under this subdivision. 3) The parcel being subdivided meets all the following requirements:

A) The parcel is located within a single-family residential zone.

B) The parcel subject to the proposed urban lot split is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.

C) The parcel satisfies the requirements specified in subparagraphs ( B) to (K), inclusive, of paragraph ( 6) of subdivision ( a) of Section 65913. 4.

D) The proposed urban lot split would not require demolition or alteration of any of the following types of housing:
i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
ii) Housing that is subject to any form of rent or price control through a public entity’ s valid exercise of its police power.
iii) A parcel or parcels on which an owner of residential real property has exercised the owner’ s rights under Chapter 12.75 ( commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
iv) Housing that has been occupied by a tenant in the last three years.

E) The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020. 1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.

F) The parcel has not been established through prior exercise of an urban lot split as provided for in this section.

G) Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this section. b) An application for a parcel map for an urban lot split shall be approved in accordance with the following requirements:
1) A local agency shall approve or deny an application for a parcel map for an urban lot split ministerially without discretionary review. 2) A local agency shall approve an urban lot split only if it conforms to all applicable objective requirements of the Subdivision Map Act (Division 6 399
CC 11-01-2022
399 of 529
2 (commencing with Section 66410)), except as otherwise expressly provided in this section.
3) Notwithstanding Section 66411.1, a local agency shall not impose regulations that require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split pursuant to this section. c) 1) Except as provided in paragraph ( 2), notwithstanding any local law, a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards applicable to a parcel created by an urban lot split that do not conflict with this section. 2) A local agency shall not impose objective zoning standards, objective subdivision standards, and objective design review standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet.
3) A) Notwithstanding paragraph (2), 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.

B) Notwithstanding paragraph ( 2), in all other circumstances not described in subparagraph ( A), a local agency may require a setback of up to four feet from the side and rear lot lines.
d) Notwithstanding subdivision ( a), a local agency may deny an urban lot split 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 paragraph ( 2) of subdivision ( d) of Section 65589. 5, 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. e) In addition to any conditions established in accordance with this section, a local agency may require any of the following conditions when considering an application for a parcel map for an urban lot split:
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.
3) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:

A) The parcel is located within one- half mile walking distance of either a high-quality transit corridor as defined in subdivision ( b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064. 3 of the Public Resources Code.

B) There is a car share vehicle located within one block of the parcel. f) A local agency shall require that the uses allowed on a lot created by this section be limited to residential uses.
g) 1) A local agency shall require an applicant for an urban lot split to sign an affidavit stating that the applicant intends to occupy one of the 7 400
CC 11-01-2022
400 of 529
housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split.
2) This subdivision shall not apply to an applicant that is a “ community land trust,” as defined in clause ( ii) of subparagraph ( C) of paragraph ( 11) of subdivision ( a) of Section 402.1 of the Revenue and Taxation Code, or is a “ qualified nonprofit corporation” as described in Section 214. 15 of the Revenue and Taxation Code.
3) A local agency shall not impose additional owner occupancy standards, other than provided for in this subdivision, on an urban lot split pursuant to this section.
h) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
i) A local agency shall not require, as a condition for ministerial approval of a parcel map application for the creation of an urban lot split, the correction of nonconforming zoning conditions.
j) 1) Notwithstanding any provision of Section 65852.2, 65852.21, 65852. 22, 65915, or this section, a local agency shall not be required to permit more than two units on a parcel created through the exercise of the authority contained within this section.
2) For the purposes of this section, “ unit” means any dwelling unit, including, but not limited to, a unit or units created pursuant to Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in Section 65852. 2, or a junior accessory dwelling unit as defined in Section 65852. 22.
k) Notwithstanding paragraph ( 3) of subdivision ( c), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.
l) Local agencies shall include the number of applications for parcel maps for urban lot splits pursuant to this section in the annual housing element report as required by subparagraph ( I) of paragraph ( 2) of subdivision ( a) of Section 65400.
m) For purposes of this section, both of the following shall apply:
1) Objective zoning standards,” “ objective subdivision standards,” and objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.
2) Local agency” means a city, county, or city and county, whether general law or chartered.
n) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be 8 401
CC 11-01-2022
401 of 529
considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
o) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 Division 20 ( commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for urban lot splits pursuant to this section.

SEC. 3. Section 66452. 6 of the Government Code is amended to read:
66452.6. ( a) 1) An approved or conditionally approved tentative map shall expire 24 months after its approval or conditional approval, or after any additional period of time as may be prescribed by local ordinance, not to exceed an additional 24 months. However, if the subdivider is required to expend two hundred thirty- six thousand seven hundred ninety dollars 236,790) or more to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights- of-way that abut the boundary of the property to be subdivided and that are reasonably related to the development of that property, each filing of a final map authorized by Section 66456. 1 shall extend the expiration of the approved or conditionally approved tentative map by 48 months from the date of its expiration, as provided in this section, or the date of the previously filed final map, whichever is later. The extensions shall not extend the tentative map more than 10 years from its approval or conditional approval. However, a tentative map on property subject to a development agreement authorized by Article 2.5 (commencing with Section 65864) of Chapter 4 of Division 1 may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased final maps that may be filed shall be determined by the advisory agency at the time of the approval or conditional approval of the tentative map. 2) Commencing January 1, 2012, and each calendar year thereafter, the amount of two hundred thirty-six thousand seven hundred ninety dollars 236,790) shall be annually increased by operation of law according to the adjustment for inflation set forth in the statewide cost index for class B construction, as determined by the State Allocation Board at its January meeting. The effective date of each annual adjustment shall be March 1.

The adjusted amount shall apply to tentative and vesting tentative maps whose applications were received after the effective date of the adjustment. 3) Public improvements,” as used in this subdivision, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities.
b) 1) The period of time specified in subdivision ( a), including any extension thereof granted pursuant to subdivision ( e), shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence. However, the length of the moratorium shall not exceed five years.
9 402
CC 11-01-2022
402 of 529
2) The length of time specified in paragraph ( 1) shall be extended for up to three years, but in no event beyond January 1, 1992, during the pendency of any lawsuit in which the subdivider asserts, and the local agency that approved or conditionally approved the tentative map denies, the existence or application of a development moratorium to the tentative map. 3) Once a development moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed. However, if the remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium.
c) The period of time specified in subdivision ( a), including any extension thereof granted pursuant to subdivision ( e), shall not include the period of time during which a lawsuit involving the approval or conditional approval of the tentative map is or was pending in a court of competent jurisdiction, if the stay of the time period is approved by the local agency pursuant to this section. After service of the initial petition or complaint in the lawsuit upon the local agency, the subdivider may apply to the local agency for a stay pursuant to the local agency’ s adopted procedures. Within 40 days after receiving the application, the local agency shall either stay the time period for up to five years or deny the requested stay. The local agency may, by ordinance, establish procedures for reviewing the requests, including, but not limited to, notice and hearing requirements, appeal procedures, and other administrative requirements.
d) The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed with the legislative body without first processing a new tentative map. Once a timely filing is made, subsequent actions of the local agency, including, but not limited to, processing, approving, and recording, may lawfully occur after the date of expiration of the tentative map. Delivery to the county surveyor or city engineer shall be deemed a timely filing for purposes of this section.
e) Upon application of the subdivider filed before the expiration of the approved or conditionally approved tentative map, the time at which the map expires pursuant to subdivision ( a) may be extended by the legislative body or by an advisory agency authorized to approve or conditionally approve tentative maps for a period or periods not exceeding a total of six years. The period of extension specified in this subdivision shall be in addition to the period of time provided by subdivision ( a). Before the expiration of an approved or conditionally approved tentative map, upon an application by the subdivider to extend that map, the map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. If the advisory agency denies a subdivider’ s application for an extension, the subdivider may appeal to the legislative body within 15 days after the advisory agency has denied the extension.
10 403
CC 11-01-2022
403 of 529
f) For purposes of this section, a development moratorium includes a water or sewer moratorium, or a water and sewer moratorium, as well as other actions of public agencies that regulate land use, development, or the provision of services to the land, including the public agency with the authority to approve or conditionally approve the tentative map, which thereafter prevents, prohibits, or delays the approval of a final or parcel map. A development moratorium shall also be deemed to exist for purposes of this section for any period of time during which a condition imposed by the city or county could not be satisfied because of either of the following:
1) The condition was one that, by its nature, necessitated action by the city or county, and the city or county either did not take the necessary action or by its own action or inaction was prevented or delayed in taking the necessary action before expiration of the tentative map. 2) The condition necessitates acquisition of real property or any interest in real property from a public agency, other than the city or county that approved or conditionally approved the tentative map, and that other public agency fails or refuses to convey the property interest necessary to satisfy the condition. However, nothing in this subdivision shall be construed to require any public agency to convey any interest in real property owned by it. A development moratorium specified in this paragraph shall be deemed to have been imposed either on the date of approval or conditional approval of the tentative map, if evidence was included in the public record that the public agency that owns or controls the real property or any interest therein may refuse to convey that property or interest, or on the date that the public agency that owns or controls the real property or any interest therein receives an offer by the subdivider to purchase that property or interest for fair market value, whichever is later. A development moratorium specified in this paragraph shall extend the tentative map up to the maximum period as set forth in subdivision ( b), but not later than January 1, 1992, so long as the public agency that owns or controls the real property or any interest therein fails or refuses to convey the necessary property interest, regardless of the reason for the failure or refusal, except that the development moratorium shall be deemed to terminate 60 days after the public agency has officially made, and communicated to the subdivider, a written offer or commitment binding on the agency to convey the necessary property interest for a fair market value, paid in a reasonable time and manner.

SEC. 4. The Legislature finds and declares that ensuring access to affordable housing is a matter of statewide concern and not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Sections 1 and 2 of this act adding Sections 65852. 21 and 66411. 7 to the Government Code and Section 3 of this act amending Section 66452. 6 of the Government Code apply to all cities, including charter cities.

SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or 11 404
CC 11-01-2022
404 of 529
because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.

O
12 405
CC 11-01-2022
405 of 529
INTERIM 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 STANDARDS 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:iThtswithin 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 406
CC 11-01-2022
406 of 529
Ordinance No. 21- 2235

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.

Theproposedamendmentshavebeenadoptedin accordwith the requireme; ntsof Title 19, and areproposedto implementSB9 in amanner that is consistentwith therequirementsof t7ieCihfi 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 therequirementsof SB9 shall ;notbeco;nsideredaproject under CEQA. Tlieproposed ordinance is thereforeexemptfrom 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).

Theproposedordinanceamendmentsarenot bei;ngapp(iedto any specificsite, nor is it reasonab7y foreseeab( which e specificsitesmay edecto utilize theproposedordinanceamendmen. 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.
407
CC 11-01-2022
407 of 529
Ordinance No. 21-2235

Theproposedordi;nanceamendmentsarenotbeingappliedtoanyspecificsite, norisit reasonably foreseeablewhic7ispecificsitesmaydect to uti(izetheproposedordinanceamendments. The proposedordinancewiu regulatethedevelopmentofprojectsin single-familyresidentialdistricts authorizedunderSB9 toprotectthehealth, safety, peace, moralsandgeneralwelfareofpersons 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.
408
CC 11-01-2022
408 of 529
Ordinance No. 21-2235

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 409
CC 11-01-2022
409 of 529
Ordinance No. 21-2235

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:
410
CC 11-01-2022
410 of 529
Ordinaiice No. 21-2235

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 42 411
CC 11-01-2022
411 of 529
Ordinance No. 21-2235

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
412
CC 11-01-2022
412 of 529
Ordinance No. 21-2235

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 threedimensional ( 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.
413
CC 11-01-2022
413 of 529
Ordinaitce No. 21-2235

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
414
CC 11-01-2022
414 of 529
Ordinance No. 21-2235

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.
415
CC 11-01-2022
415 of 529
Ordinance No. 22-2235

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
416
CC 11-01-2022
416 of 529
Ordinance No. 21-2235

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 lts 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.
417
CC 11-01-2022
417 of 529
Ordinance No. 21-2235

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 418
CC 11-01-2022
418 of 529
Ordinance No. 21-2235

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_eadrive_wa curb cut no more than 12 foot wide ( one-car wide curb cut) shall be ' permitted. 419
CC 11-01-2022
419 of 529
Ordinance No. 21-2235

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_aprecordation.

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 420
CC 11-01-2022
420 of 529
Ordinance No. 21- 2235

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.
iv. 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 421
CC 11-01-2022
421 of 529
Ordinance No. 21-2235

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
422
CC 11-01-2022
422 of 529
Ordinance No. 21-2235

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_
423
CC 11-01-2022
423 of 529
Ordinance No. 21-2235

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_.
424
CC 11-01-2022
424 of 529
Ordinance No. 21-2235

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__etwo 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 lestom 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
425
CC 11-01-2022
425 of 529
Ordinance No. 21- 2235

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
426
CC 11-01-2022
426 of 529
Ordinance No. 21-2235

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_aceon 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.
427
CC 11-01-2022
427 of 529
Ordinance No. 21-2235

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_cethe 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.
428
CC 11-01-2022
428 of 529
Ordinance No. 21-2235

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.
429
CC 11-01-2022
429 of 529
Ordinance No. 21-2235

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;
430
CC 11-01-2022
430 of 529
Ordinance No. 21-2235

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.
431
CC 11-01-2022
431 of 529
Ordinance No. 21-2235

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.
432
CC 11-01-2022
432 of 529
Ordinance No. 21-2235

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.)
433
CC 11-01-2022
433 of 529
Ordinance No. 21-2235

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. Nonsubdividable
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.
434
CC 11-01-2022
434 of 529
Ordinance No. 21-2235

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
ioccurred 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.
435
CC 11-01-2022
435 of 529
Ordinance No. 21-2235

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
436
CC 11-01-2022
436 of 529
Ordinance No. 21-2235

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,
437
CC 11-01-2022
437 of 529
Ordinance No. 21-2235

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
438
CC 11-01-2022
438 of 529
Ordinance No. 21-2235

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 _ afixed ane s .

12. Amend Section 19.40.060 of the Cupertino Municipal Code to read as follows:
439
CC 11-01-2022
439 of 529
Ordinance No. 21- 2235

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_ lcreated 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%
440
CC 11-01-2022
440 of 529
Ordinance No. 21-2235

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-fivepercent 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 offstreet
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
441
CC 11-01-2022
441 of 529
Ordinance No. 21-2235

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_aoffsetfea_ fure. 2, Maximum Exposed Wall
Height on Downhill Elevation
15 feet
F. Permitted Yard Encroachments
442
CC 11-01-2022
442 of 529
Ordinance No. 21-2235

1. Extension of a Legal Nonconforming 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_nyproperff 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 Ji 1 JL & & & LILJkl JkJ I.j & JLk & & 34k %% 11
inrlnrlino *++: qrhpvl n*+in rnvrh'rqS as enerators sum um s heatin and ventilation e ui ment Jklkkl- .L &Ll lJk Lb I-L & & l lkL % aLF & Jk11 % JV 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.
443
CC 11-01-2022
443 of 529
Ordinance No. 21- 2235

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 earthtone 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.
444
CC 11-01-2022
444 of 529
Ordinance No. 21-2235

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
U1 Ll IC 11VVC1lp L6 t) Llt_l l at) aLLLL11 L25 a Ij (Al1 IJ(.111 L IJ1 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 %
445
CC 11-01-2022
445 of 529
Ordinance No. 21-2235

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. 446
CC 11-01-2022
446 of 529
Ordinai' ice No. 21-2235

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 _ rdedications 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 _ 30days 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
447
CC 11-01-2022
447 of 529
Ordinance No. 21-2235

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
448
CC 11-01-2022
448 of 529
Ordinance No. 21-2235

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;
449
CC 11-01-2022
449 of 529
Ordinance No. 21-2235

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
Code Resources Section 21064. 3.
ii. T__h_e_isre 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_.
450
CC 11-01-2022
450 of 529
Ordinance No. 21-2235

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.
451
CC 11-01-2022
451 of 529
Ordinance No. 21-2235

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
452
CC 11-01-2022
452 of 529
Ordinaiice No. 21-2235

APPROVBD AS TO FORM:

Christopher D. Jensen, City Attorney Date
Christopher D. Jensen Jan 11, 2022
453
CC 11-01-2022
453 of 529
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 ([email protected]) 2022- 01- 11 - 9:34:37 PM GMT- IP address: 73.170. 27.253 Document emailed to Christopher D. Jensen ([email protected]) 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 ([email protected]) 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
454
CC 11-01-2022
454 of 529
DRAFT INTERIM ORDINANCE NO. 21‐2235XX‐XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

CUPERTINO ADDING OR AMENDING CUPERTINO MUNICIPAL
CODE SECTIONS 18.20.170, 19.08.030, 19.12.030, 19.12.110, 19.28.040,

19.28.050, 19.28.110, 19.28.150, 19.28.170, 19.40.050, 19.40.060, 19.40.090, AND 19.112.060 TO ADOPT STANDARDS FOR MINISTERIAL
APPROVAL OF DUPLEXES AND LOT SPLITS IN SINGLE‐FAMILY

RESIDENCE DISTRICTS
SECTION I: PROJECT DESCRIPTION
Application No.: MCA‐2021‐0052022‐001
Applicant:   City of Cupertino
Location: 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 requires a proposed housing development containing no more than two residential units within a single‐family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements; and
WHEREAS, SB 9 further requires a local agency to ministerially approve a parcel map for a lot split forof 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,WHEREAS, the City Council wishes to adopt objective standards for the approval of housing development projects and parcel maps that are protective of the health, safety, peace, morals, and general welfare of Cupertino residents and consistent with the requirements of State law; and Typo
Updated
date
Typo
455
CC 11-01-2022
455 of 529
Ordinance No. XX‐XXX

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 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 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. 1. That the proposed zoning is in accord with Title 19 of the Municipal Code and the Cityʹs 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. 2. The proposed zoning is in compliance with the provisions of the California Environmental Quality Act (CEQA).

Under Government Code Sections 66411.7(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. 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. 4. The proposed zoning will promote orderly development of the City. 456
CC 11-01-2022
456 of 529
Ordinance No. XX‐XXX

The proposed ordinance is intended to promote the orderly implementation of development permitted under SB 9.

5. 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:

1. 1. 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 ifit 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.

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 Typo
457
CC 11-01-2022
457 of 529
Ordinance No. XX‐XXX

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 Sectionin 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 aan urban lot split shall provide proof, to the satisfaction of the Director of Community Development, that the property has not been occupied by a rentertenant in the three years preceding the submission of an application to the satisfaction of the Director of Community Development.

HG. An applicant for aan urban 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 Typo
Moved
and
modified
For clarity
For clarity
458
CC 11-01-2022
458 of 529
Ordinance No. XX‐XXX

Section 402.1(a)(11)(C)(ii), or is a qualified nonprofit corporation, as described in Revenue and Taxation Code Section 214.15.

I. H. 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, comply with the objective standards including but not limited to objective standards for ministerialurban lot splits set forth in Sections

19.28.0560 and 19.40.050.

J. I. 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.

Additionally, a bay or projecting window shall:
a. Be a projection of windows, not walls;
b. Be cantilevered no more than twenty‐four inches from an exterior wall;
c. Be a minimum of twenty‐four inches from the finished floor; d. Not create a projection of the floor;
e. Not occupy more than 50% of an exterior wall face.

These limitations do not apply to bay windows which have been counted towards floor area and meet required setbacks.
“Buildable Area” means the lot area in which structures may be located, not including required yard or access areas.

For clarity
Expanded
definition to
match
practice
New definition
for clarity
459
CC 11-01-2022
459 of 529
Ordinance No. XX‐XXX

ʺDuplexʺ 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. , and having no internal connection. “Flat Yard Area” means a yard area graded to a slope of 5% or less, used for active or passive private recreation, not including a driveway. ʺFloor areaʺ means the total area of all floors of a building measured to the outside surfaces of exterior walls, and including the following:

1. 1.  Halls;

2. 2.  Base of stairwells;

3. 3.  Base of elevator shafts;

4. 4.  Services and mechanical equipment rooms;

5. 5.  Interior building area above fifteen feet in height between any floor level and the ceiling above;

6. 6.  Residential Bbasements in the A, A1, R1 and RHS zoning districts with lightwells that do not conform to Section

19.28.070(I);

7. 7.  Residential basements in the R1 and RHS zoning districts on projects pursuant to Government Code section 65852.21

8. 8.  Residential garages;

9. 9.  Roofed arcades, plazas, walkways, porches, breezeways, porticos, courts, and similar features substantially enclosed by exterior walls;

10. 10. Sheds and accessory structures.
“Floor area” shall not include the following:

1. 1.  Residential Bbasements in the R1 and RHS zoning districts with lightwells that conform to Section 19.28.070(I);

2. 2. Required Llightwells;

3. 3.  Attic areas;

4. 4.  Parking facilities, other than residential garages, accessory to a permitted conditional use and located on the same site; Expanded
definition for
clarity
New
definition for
clarity
460
CC 11-01-2022
460 of 529
Ordinance No. XX‐XXX

5. 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.
“Living space” means, for the purposes of Chapter 19.112, Section

19.40.090, and Section 19.28.150, the same as that set forth for “living area” in California Government Code Section 65852.2(j)(4). All attic and basement square footage proposed as part of an Accessory Dwelling Unit shall be limited by the maximum size allowed per Chapter 19.112. ʺLotʺ means a parcel or portion of land separated from other parcels or portions by description, as on a subdivision or record of survey map, or by metes and bounds, for purpose of sale, lease or separate use.

1. 1.  ʺCorner lotʺ means a lot situated at the intersection of two or more streets, or bounded on two or more adjacent sides by street lines.

2. 2.  ʺFlag lotʺ means aan interior lot with a long, narrow portion of the 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, that consists entirely of and provides the sole means of vehicular connection between the buildable area of the lot and an abutting street.

3. 3.  ʺInterior lotʺ means a lot other than a corner lot. or a flag lot.

4. 4.  ʺKey lotʺ means the first lot to the rear of a corner lot, the front line of which is a continuation of the side lot line of the corner lot, and fronting on the street which intersects or intercepts the street on which the corner lot fronts.

5. 5. “Pie‐shaped lot” means an interior lot, that is not a flag lot, where the front lot line abuts a cul‐de‐sac, and a) is at least 20% or more shorter than the rear lot line or the lotb) has five or more lot lines.
ʺLot depthʺ means the horizontal distance measured, removing all existing and future dedications, from the midpoint of the front lot line to New
definition for
clarity
Expanded
definitions
for clarity
and
consistent
application
Expanded
definition for
clarity
461
CC 11-01-2022
461 of 529
Ordinance No. XX‐XXX

the midpoint of the rear lot line, or to the most distant point on any other lot line where there is no clear rear lot line.
“Private Open Space,” for the purposes of Section 19.28.150 and

19.40.090, means an area, excluding the required front setback, between the structure and the street property line occupied by active or passive recreation facilities (e.g., deck, patio, playground equipment, porch, swimming pool, etc.) provided it is open on at least two sides and not covered by a roof, patio cover, or canopy.
“Street Frontage,” for purposes of Chapter 19.28, means the length of the curb (or if a curb is absent, the length of the portion of the street paved with asphalt or similar material designed for automobile traffic) parallel and closest to a property’s front lot line.
“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 is surrounded by solid barriers that are at least six inches or tallertall on three or more 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:

Type of Permit
or Decision A, B
Adminis
trative
Review
Design
Review
Committee
Planning
Commission
City
Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing
Radius D
Posted
Site
Notice
Expira
tion
Date E
Chapter/
Findings
Miscellaneous
Ministerial
Permit
F ‐  ‐  ‐  None Adjacent Yes 1 year

19.28.150
and

19.40.090

4. Amend Section 19.12.030 Approval Authority, subsection R‐1 Ordinance PermitsExtensions to add the following:

New
definitions
for clarity
and
consistent
application
Expanded
definitions
for clarity
Typo
462
CC 11-01-2022
462 of 529
Ordinance No. XX‐XXX

Type of Permit
or Decision A, B
Adminis
trative
Review
Design
Review
Committee
Planning
Commission
City
Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing
Radius D
Posted
Site
Notice
Expira
tion
Date E
Chapter/
Findings
Miscellaneous
Ministerial
Permit
Not allowed

5. Amend Section 19.12.110F110 F 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 accordance 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 R1 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 R1 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 For clarity
463
CC 11-01-2022
463 of 529
Ordinance No. XX‐XXX

an action has been taken on the application and the
appeal period, if any, has passed.

4. The notice shall contain the following:
a. The exact address of the property, if known, or the
location of the property, if the address is not
known;
b. A brief description of the proposed project, the
content of which shall be at the sole discretion of
the City;
c. City contact information for public inquiries;
d. A deadline for the submission of public comments;
e. If proposing a physical alteration to an existing
building or new buildings, at least one of the
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.
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 19.2812.110 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.

Typo
464
CC 11-01-2022
464 of 529
Ordinance No. XX‐XXX

7. Amend Section 19.2812.170 of the Cupertino Municipal Code to read as follows:

A.   F. An appeal may be filed by any person, firm or corporation aggrieved or affected by any grant, denial, modification or revocation of any permit, or any determination or interpretation related to any provision of this title. 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
to building permit application
Approval
authority
Type of Project
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 R1‐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

4. New or expanded second story deck or
balcony with views into neighboring
residential side or rear yards in all
districts except R1‐a or on any project
previously developed pursuant to
Government Code Section 65852.21

5. Any active or passive solar structure
that requires variation from the setback
or height restrictions of this chapter,
Typo
Typo
PC Balcony
restriction
465
CC 11-01-2022
465 of 529
Ordinance No. XX‐XXX

Planning permit required prior
to building permit application
Approval
authority
Type of Project
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
slopes equal to or greater than 20% and
with total floor area ratio of all
structures 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 R1‐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 (EI) except in an R1‐a zone.

E. Residential Design Review,
pursuant to Chapter 19.12,
Administration
Admin.
with
design
review
Two‐story addition or new two‐story home
in all districts except R1‐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
DRC
with
design
review
Two‐story addition, new two‐story home,
and/or second story deck in the R1‐a zone
Typo
466
CC 11-01-2022
466 of 529
Ordinance No. XX‐XXX

Planning permit required prior
to building permit application
Approval
authority
Type of Project
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 R1‐e Building Design
Requirements], and/or 19.28.110
[Landscape Requirements].

G.Hillside Exception, pursuant
to Chapter 19.12,
Administration
PC
Development (area greater than 500 square
feet) on slopes greater than 30%
H.Architectural and Site
Approval, pursuant to
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 R1 zoning district with an “i” suffix
J. Miscellaneous Ministerial
Permit
Admin 1. New one or two‐story duplex project
in an R1 zoning district pursuant to
Government Code Section 65852.21

2. New one or two‐story single‐family
home or, secondary principal
dwelling unit, or two‐story addition
in an R1 zoning district pursuant to
Government Code Section 65852.21

9. Amend Section 19.28.0560 of the Cupertino Municipal Code to read as follows:

For
clarity
Typo
467
CC 11-01-2022
467 of 529
Ordinance No. XX‐XXX

R1‐5 R1‐6, 7.5, 8, 10, 20,
etc., and R1‐6e
R1‐a
A. Minimum
net lot area 1
i. 5,000
square feet
ii. the number
multiplied by 1,000
square feet
iii. 10,000 square feet
iv. For lots created under the provisions of Government Code Section 64411.7, each of the resulting lots shall behave a lot area of at least 40‐60% of the original lot being subdivided, with no lots less than 1,200 square feet.

B. Minimum lot
width (at the
front setback
line)
i. 50 feet ii. 60 feet iii. 75 feet
iv. For lots created pursuant to the provisions of Government Code Section 64411.7:
a. No more than two new, non‐curved property lines may
be added to create a new lot.
b. Existing interior lots or pie shaped lots with either (i) 60 feet to 75 feet of or more street frontage, or (ii) more than 75 feet of street frontage and a lot depth of up to 145 feet shall result in lots with : resulting lots shall have a street frontage that is between at least 40‐60% of the lot
widthwidthexisting street frontage of the lot being
subdivided. Resulting lots shall have a side‐by‐side
orientation and shall not create a landlocked parcel.
c. Existing interior lots or pie shaped lots with lessmore than 6075 feet of street frontage: and a lot depth of more than 145 feet, may be subdivided in one of the following ways:
i. Resulting lots shall have a street frontage that is at least 40% of the existing street frontage of the lot
being subdivided. Lots shall have a side‐by‐side
orientation and shall not create a landlocked parcel; or i.ii. One of the resulting lots shall be a flag lot with access to the street. The buildable area of the flag lot shall span the entire distance between the two side
property lines that intersect with the front property
line of the lot being subdivided.
d. Existing interior lots or pie shaped lots with less than 60 feet of street frontage shall result in one flag lot with For
clarity
Modified
lot
configuration
standards
468
CC 11-01-2022
468 of 529
Ordinance No. XX‐XXX

R1‐5 R1‐6, 7.5, 8, 10, 20,
etc., and R1‐6e
R1‐a
access to the street. The buildable area of the flag lot shall span the entire distance between the two side
property lines that intersect with the front property line of the lot being subdivided.
c.e.Existing flag lot subdivision: resulting   shall result in 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 bethat are between 40‐60% of the lot width of the lot
being subdivided.
d.f.Corner lots: Sshall be subdivided in a manner that splits the existing street side property line shall be split to create at least one front lot line on that frontage.

C. Landscaping i. See Chapter 14.15, Landscape
Ordinance.
ii. At least 50% of the front yard of
any project approved pursuant to
Chapter 19.28.150 shall be occupied
by non‐hardscape landscaping (i.e.,
not hardscaped)..
iii. Landscaping plans are
required for all additions
or new homes. The
purpose of the
landscaping is to beautify
the property and to
achieve partial screening
of building forms from
the street and adjacent
properties. Generally, the
landscaping may include
shrubbery, hedges, trees,
or lattice with vines on
fences.
iv. At least 50% of the
front yard of any project
approved pursuant to
Chapter 19.28.150 shall
be occupied by non‐
hardscape landscaping
(i.e., not hardscaped)..

Modified
lot
configuration
standards
For clarity
469
CC 11-01-2022
469 of 529
Ordinance No. XX‐XXX

R1‐5 R1‐6, 7.5, 8, 10, 20,
etc., and R1‐6e
R1‐a
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 projects proposed pursuant to Government Code
Sections 64411.7 and/or 65852.21, total site grading shall be limited to 2,500 cubic yards for the entire site as calculated prior to subdivision.
iv. For projects proposed pursuant to Government Code
Sections 64411.7 and/or 65852.21, flat yard area created by grading areas that are sloped more than 10% shall be
limited to 2,500 square feet, not including the driveway, as calculated prior to any subdivision.

2. Fences See Chapter 19.48, Fence Ordinance
E. Development
(structures,
improvements, or
grading)
E. Development
(structures,
improvements,
or grading)
on1.On actual
slopes ≥ 30%
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 Exception is permitted on lots developed pursuant to Section 19.28.150.

2. For projects
proposed
pursuant to
Government
Code Sections
64411.7 and/or
65852.21
i. Unless required by the City Engineer or to meet Fire Code requirements, grading activity shall not result in a change in grade elevation of more than 12‐inches from existing natural grade.
ii. In all cases, the following shall apply:
a. Change in grade elevation shall be limited to the
minimum extent necessary to ensure adequate drainage
For
clarity
PC
modified
grading
limitation
470
CC 11-01-2022
470 of 529
Ordinance No. XX‐XXX

R1‐5 R1‐6, 7.5, 8, 10, 20,
etc., and R1‐6e
R1‐a
and access as demonstrated by a grading and drainage
plan prepared by a registered civil engineer.
b. Split level designs shall be used to avoid additional change in grade elevation.
c. Unless otherwise required by the City Engineer, spoils shall be balanced on site and shall match the existing
grading and drainage pattern of the site.
d. Unless required by the City Engineer, development shall not result in a finished floor more than 36 inches above finished grade.

F. On‐site
improvements
All properties shall provide a 4.5‐foot‐wide pathway and, a 4.5 foot wide‐footwide planting strip, curb and gutter, curb cut, AC pavement, and underground utilities at the street as follows:
i. Detached pathway when the properties a property on
either side of the subject property being developed has a detached pathway;
ii. Monolithic pathway when the properties a property on either side of the subject property being developed has a monolithic pathway
iii. When properties on either side of the subject property do not have a pathway, a pathway that matches the pre‐
dominant pattern of pathways on the street, as
determined by the City Engineer, shall be provided,
unless the subject property has a “semi‐rural”
designation adopted by City Council resolution.
iv. The City Engineer shall adopt any objective standard necessary to implement the requirements of this
paragraph.

G. Driveways
for
developments
pursuant to
Government
Code Section

1. For new interior lots with a street frontage of 35 feet or less, no more than a 12‐foot wide, one‐car wide driveway curb cut, shall be permitted. A distance of at least 22 feet shall be provided between the two, one‐car wide curb cuts, else, a shared driveway curb cut, no more than a two‐car curb cut, may be provided.

Modified
grading
limitation
For clarity
For
clarity
471
CC 11-01-2022
471 of 529
Ordinance No. XX‐XXX

R1‐5 R1‐6, 7.5, 8, 10, 20,
etc., and R1‐6e
R1‐a
64411.7 or
65852.21

2. ExistingUnless subject to subsection (3) below, for interior or pie‐shaped lots with a street frontage of more than 7035 feet: Resulting lots may provide a maximum 18 foot
widetwo car driveway curb cut for each resulting lotis
permitted provided a distance of at least 22 feet is provided between existing and proposed driveway flares, else athe driveway curb cut no more than 12 foot wide (shall be
limited to a one‐car widedriveway curb cut) shall be
permitted. .

3. Existing pie‐shaped lots with a street frontage 70 feet or less:

Driveway access shall be shared over the access area of the resulting flag lot. No other curb cuts shall be permitted.

4.3. When subdivisionan Urban Lot Split results in a flag lot subdivision, the two resulting lots shall share vehicular access off of a the access area of the resulting flag lot, unless one of the lots is a new interior lot with a minimum 20 footstreet frontage of 50 feet. The access area shall be a minimum of 20 feet and a maximum of a 25‐foot‐wide access area  feet in width, comprising of a minimum 16‐foot drive aisle, and a minimum 2‐foot‐wide landscaping planter on either side. A maximum two car driveway curb cut is
permitted at the right of way. No other curb cuts shall be permitted.

5.4. Where a shared driveway (not through a flag lot) is proposed:
i. No additional curb cuts shall be permitted.
ii. 50% of the width of the shared driveway curb cut shall be on each property.
iii. A maximum two car curb cut of 18’ feet shall be
permitted.

5. Where shared driveway access through a flag lot is required and would provide access to new development, the
driveway access for front lot shall be located in the rear 50% of the property.

6. On lots where an existing residence is retained on the site of an urban lot split or development pursuant to
Modified
driveway
standards
472
CC 11-01-2022
472 of 529
Ordinance No. XX‐XXX

Notes:
1 Lots, which contain less area than required by its zoning designation, but not less than 5,000 square feet, may nevertheless be used as building sites, provided that all other applicable requirements of this title are fulfilled.
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:

R1‐5 R1‐6, 7.5, 8, 10, 20,
etc., and R1‐6e
R1‐a
Government Code Section 65852.21, an existing curb cut of not more than 18 feet in width may remain when providing exclusive access to the existing residence.

6.7. A maximum 18’ wide car curb cut is allowed when a two‐ car approachcurb cut is permitted.

8. A maximum 12’ wide curb cut is allowed when a one‐car curb cut is permitted.

7.9. When shared access is proposed, a covenant, necessary for appropriate ingress and egress easements, shall be
recorded when access is shared prior to final parcel map recordation.

8.10. 10. A maintenance agreement shall be recorded to ensure shared maintenance of any shared access easements,
stormwater treatment, landscaping and private utilities, prior to final parcel map recordation.

H. Easements
and Covenants
required for
subdivisions
pursuant to
Government
Code Section
64411.7

1. Utility easements shall be recorded prior to final parcel map recordation.

2. A covenant necessary for maintenance of stormwater
treatment facilities shall be recorded prior to final map recordation.

Modified
driveway
standards
473
CC 11-01-2022
473 of 529
Ordinance No. XX‐XXX

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. iii. Landscape improvements shall meet the requirements as established in the Landscape Ordinance, Chapter 14.15.
iv. Landscape improvements shall be installed prior to final occupancy unless such installation is impracticable, in 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 Approval of Up to Two Units.

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 474
CC 11-01-2022
474 of 529
Ordinance No. XX‐XXX

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 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, above.
b. The floor area of the larger unit in a duplex
development proposed pursuant to this
Section shall be no more than 200 square feet
greater than the smaller unit of the duplex
development.
c. Notwithstanding subparagraph (a), a duplex
developeddevelopment pursuant to this
Section may have a maximum Floor Area
Ratio of up to 45% of the net lot area, and a
maximum Lot Coverage of 45% of the net lot
area plus an additional 5% for roof
overhangs, patios, porches, and other similar
features not Substantially Enclosed, if it
complies with the requirements of
Paragraph B and subparagraphs 2 through 16
For clarity
475
CC 11-01-2022
475 of 529
Ordinance No. XX‐XXX

of this Paragraph; provided, however, that a
housing development project on a lot having
a slope 30% or greater shall not exceed the
floor area allowed under Chapter 19.40.

However, under no circumstances shall the
size of any ministerially approved unit
exceed 2,000 square feet of living space.
d. If proposing a two unit developmentthe site
has been occupied by a tenant in the last
three years, 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,
gutter and sidewalk shall be installed by the
applicant.

2. Second to
First Floor
Area Ratio:
a. The ratio of the second story to first story
floor area shall not exceed 50% except that:
i. In all R1 zoning districts except the R1‐a
district,: t

1. The ratio of the second story to first
story floor area may beexceed 50%, up
to a maximum of 66%, if a combined
first‐story side setback of 15 feet (with
no first‐ story side setback less than
five feet) and a combined), second‐
story setbackside setbacks of at least
25 feet (with no second story side
setback less than 15 feet)  each, a rear
setback of 20 feet on the first story and
a rear setback of 25 feet ison the
second story are provided,.,
ii. In the R1‐a zoning district:

For clarity
and
consistency
with State
law
For clarity
476
CC 11-01-2022
476 of 529
Ordinance No. XX‐XXX

1. The maximum ratio of the second
story to first story floor area ratio is
40% of the existing or proposed first
floor area but no larger than 500
square feet;, except where allowed
below;

2. A second floor may be at least
750exceed 500 square feet in area, but
shall not in any case exceed 1,100
square feet, if a combined first story
setback of 20 feet (with no first  first‐
story side setback less than
tensetbacks of at least 10 feet), each ,
a combined second‐story side setback
of 35 feet (with no second story side
setback less than 15 feet)), and a rear
setback of 20 feet for the first story
and 40 feet isfor the second story are
provided.
b. Interior areas (measured from the finished
floor to the top of the roof rafters) with
heights greater than 16 feet shall be double
counted as floor area as follows:
i. For one story homes, the floor area shall be
double counted as first floor area.
ii. Fortwo story homes, the floor area shall be
counted once each for first and second
floor area.

3. Setbacks: a. Minimum first floor‐story front setback is 20 feet, except asunless otherwise required in a
tract map or zoning map except that:
i. In the R1‐a zoning district, the required
minimum front setback is 30 feet.
ii. Garages with up to two parking spaces
shall be setbackset back two additional
feet from the face of the living area of the
unit, not including a front entry feature
or porch.

For clarity
For clarity
477
CC 11-01-2022
477 of 529
Ordinance No. XX‐XXX

iii. Third car garage spaces:

1. On lots when the garage is visible
from the street: parking shall be
provided in tandem or in a detached
accessory structure at the rear of the
property.

2. On flag lots or on side‐oriented
garages located at the rear of the
principal unit: a third parking space
may be on the same wall plane as the
other two parking spaces.
b. Minimum second floor‐story front setback is
25 feet except that:
i. In the R1‐a zoning district, the required
minimum front setback is 30 feet.
c. FirstMinimum first‐ and Second
Floorsecond‐story side and rear yard
setbacks: Minimum side and rear setbacks
shall be four feet each; provided, however,
that:
i. No setbacks shall be required for an
existing structure or for a structure
constructed in the same location and to
the same dimensions as an existing
structure.
ii. No new or expanded structures shall
encroach upon any existing public or
private utility easements.
iii. No setback shall be required from a
shared new side lot line between the
two new lots created pursuant to an
urban lot splitUrban Lot Split under
Government Code Section 66411.7
when more than one new primary
dwelling unit is approved concurrently
with the lot split.:

1. More than one new primary
dwelling unit is approved
For clarity
Modified zerofoot setback
standards
478
CC 11-01-2022
478 of 529
Ordinance No. XX‐XXX

concurrently with an Urban Lot
Split; and

2. Units with a zero‐foot setback are
developed concurrently; and

3. All other side yard setbacks are a
minimum of five feet on the first
story and 10 feet on the second
story; and

4. The entirety of wall faces along the
shared property line are
structurally attached; and

5. Structures along the new shared
property line are no more than zero
feet or less than four feet.
iv. The required building envelope shall
not apply to the portions of structures
with a zero‐foot setback.
d. Corner Triangle: No portion of a structure
shall be located within a corner triangle,
provided that in no case shall a side yard
setback of more than four feet would be
required.
e. Detached primary residential structures:

Detached structures located on the same lot
shall have a setback of five feet as measured
between the eaves of the two structures.

4. Maximum
height:
a. Principal Dwelling units are limited to 28
feet, in height and no more than two stories
except that:
i. In R‐1 Zoning Districts with “iʺ  suffix,
buildings shall be limited to one story (not
to exceed 18 feet).
b. First floor‐story building envelope: All the
maximum exterior wall height and building
height on single‐story structures and single‐
story sections of two‐story structures must fit
into the building envelope defined by:

Modified zerofoot setback
standards
For clarity
For clarity
479
CC 11-01-2022
479 of 529
Ordinance No. XX‐XXX

i. A 9‐foot‐high vertical line from natural
grade measured at the property line; and
ii. A 25‐degree roof line angle projected
inward at the 9‐foot‐high line referenced
above;
Notwithstanding the first floor‐story
building envelope, a gable end of a roof
enclosing an unfinished attic space may have
a maximum wall height of 13 feet to the peak
of the roof as measured from natural grade.
c. Second‐story building envelope: All the
maximum exterior wall height and building
height on two‐story sections of two‐story
structures must fit into the building
envelope defined by:
i. A 15‐foot‐high vertical line from natural
grade measured at the property line; and
ii. A 25‐degree roof line angle projected
inward at the 15‐foot‐high line referenced
above.
d. Notwithstanding subsections (b) and (c)
above, portions of the structures developed
utilizing the provisions of subsection (3)(c)
above, do not have to meet the first story or
second story building envelope
requirements.

5. Basements: Not allowed.

6. Landscaping
and Privacy
Protection:
a. Landscaping: All proposed landscaping shall
meet the requirements of Chapter 14.15 ofthe
Municipal Code
i. Front Yard Tree Required: A 24‐inch box
California native tree that typically grows
to a mature height of more than 30 feet is
required for all two‐story homes and
Modified zerofoot setback
standards
480
CC 11-01-2022
480 of 529
Ordinance No. XX‐XXX

must be placed in the center 50% of the
front yard.
ii. An existing mature tree in the front yard
that is or can typically grow to a height of
30 feet of more and is located in the center
50% of the front yard can be used as the
front yard tree, subject to an ISA certified
arborist certifying that the tree is in good
health.
iii. A covenant shall be recorded to identify
the front yard tree as a Protected Tree and
notifying current and future property
owners to retain and maintain the tree in
good health.
b. Privacy Protection planting for windows
from second story windows shall be required
in the same manner as required pursuant to
Section 19.28.070120, except as provided
below:
i. Windows or other openings in the wall
with a side yard setback less than 10 feet
shall have a minimum windowsill height
of five feet one inch or shall have obscure
glass and be inoperable with a fixed
pane(s).
ii. Windows or other openings in the wall
with a rear yard setback less than 25 feet
shall have a minimum windowsill height
of five feet one inch, or shall have obscure
glass and be inoperable with a fixed
pane(s).
iii. Subsections (a) and (b) do not apply to
skylights or windows which do not have
views into an adjacent side or rear yard or
thatface a street or a non‐residential zoning
district.
iv. Minimum planter width required for
privacy planting shall be three feet.

Typo
481
CC 11-01-2022
481 of 529
Ordinance No. XX‐XXX

Emergency access paths shall not be
concurrent with areas designated as
privacy planting planters.

7. Private open
space:

Each unit must provide at least 15% of the unit
floor area as private open space on the firstfloor,
with no dimension less than 10 feet. Private
open space shall not be located in the required
front yard setback area.

8. Permitted yard
encroachments
:
a. Front entry features, but not porches, may
encroach into a required front yard setback
up to three feet.
b. May extend into a required yard a distance
not exceeding three feet.
c. No architectural feature, or combination
thereof, whether a portion of a principal or
accessory structure, may extend closer than
three feet to any property line.
d. Architectural features may not exceed 50% of
the wall they are on, as seenmeasured from
the interior wall surfaces.

9. Second story
decks,
balconies, or
similar
features that
are not
Substantially
Enclosed
Not allowed.

10. Design
standards:
a. Entry features:
i. A maximum of one entry feature per unit
is allowed butand no more than one entry
feature per structure shall be allowed.
ii. The entry feature shall be oriented to face
the street and shall include a front entry
door also oriented to face the street.
iii. Maximum entry feature height is as 14
feet as measured from natural grade to the
top of the plate.

Expanded for
clarity and
consistent
application
For clarity
For clarity
For clarity
482
CC 11-01-2022
482 of 529
Ordinance No. XX‐XXX

iv. If a duplex with attached units is
proposed, a proposed entry feature may
incorporate two entrance doors for the
two units. One of the entrance doors or a
common opening into a shared entry
portal shall be oriented to face the street.
v. If duplexes are proposed on corner lots,
the entrances to the two units shall be on
different street frontages, except that if
the corner lot fronts a major collector,
both the entrances may be located on the
minor collector or neighborhood street.
b. If a front porch (not a front entry feature) is
proposed, the porch shall be proportionately
greater in width than in height.
i. Porch elements shall have detailing that
emphasizes the base and have caps for
posts and fence elements of the porch.
c. Exterior and/or uncovered stair access shall
not be allowed to the second floor.
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.d. All new structures proposed in the R1‐e
zoning district shall meet the building
design requirements in Section 19.28.080 and
shall meet the Eichler design guidelines.
f.e.In the R1‐a zoning district, the second story
shall not cantilever over a first story wall
plane.
g.f.In addition to standards outlined in
subsections (1) – (9) above, development on
properties with an average slope greater than
10% shall comply with Section 19.40.050(E),
Removed for
consistency
with existing
requirements
483
CC 11-01-2022
483 of 529
Ordinance No. XX‐XXX

(F)), (G), and (GI) and Section 19.40.060(E),
(H), (I) and (J).
h.g. Windows and doors shall either:
i. Have a minimum three‐and‐one half
inch in width by three‐quarter inch in
depth trim when protruding from the
wall or
ii. Be inset a minimum of three inches from
the exterior finish of the structure. If
recessed, the primary siding material
shall cover the recessed edge faces and
wrap toward the interior face of the
window glazing or door by not less than
two‐inch depth.
i.h.All garage doors shall be recessed a
minimum of six (6) inches from the
surrounding building wall and shall include
trim of at least one and a half (1.5) inches in
depth.
j.i. Roof overhangs or building eaves shall be a
minimum of 12 inches in width.
k.j.Detached structures on a lot must use the
same architectural style and materials.
l.k.Where the garage faces the side yard, but is
visible from the street, the garage shall
incorporate a window on the street front
facade so that it appears to be a habitable
portion of the house. The window style must
be the same as the windows on the habitable
dwelling unit(s).
m.l. Enclosed living area shall be closer to the
street than garage space. Garages shall be set
back as identified in subparagraph (3) above.
n.m. No more than fifty percent of the front
elevation of a house shall consist of garage
space.

Typo
484
CC 11-01-2022
484 of 529
Ordinance No. XX‐XXX

o.n. The maximum width of a garage on the
front elevation shall be 24 feet for a two‐car
garage.
p.o. Garage doors for no more than two car
spaces shall be visible from the public right
of way.
q.p. Outdoor lighting shall comply with the
requirements of Chapter 19.102.
r.q.The elevation facing a street shall
incorporate at least four architectural
features, such as bay windows or an entry
feature, and/or elements of architectural
interest, such as wall insets or offsets,
planters, railings, trellises, a combination of
roofing elements (e.g.., hip and gable roofs),
dormers, change in architectural materials,
quoins, accent tiles, or an accent window
inset greater than six inches. Windowsills,
door or window trim, and roofing materials
do not count as one of the features.
s.r. Gable ends and dutch gable ends taller than
thirty inches shall include at least one
element of architectural interest such as:
 a wall offset with corbels, brackets or
change in materials;
 louvered wood or metal vents;
 clay 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.s. Stone veneer or accent materials used as a
wainscot on a street facing façade shall be
485
CC 11-01-2022
485 of 529
Ordinance No. XX‐XXX

wrapped around to the side façade and end
at a logical terminus, such as a fence line or a
chimney or at an interior corner.
u.t.Stone veneer or any other siding material
wrapped on columns shall terminate at the
floor.

11. Accessory
buildings/
structures:
a. Allowed pursuant to the requirements of
Chapter 19.100, except that Accessory
Dwelling units or Junior Accessory Dwelling
units shall not be permitted on any lot in the
R‐1 zoning district if a lot split has been
approved pursuant to Section 18.12.70 and
one or more unit(s) have been approved for
construction pursuant to Section 19.28.150 on
each resulting lot.
b. Limited to one story (not to exceed 15 feet)
c. Accessory Dwelling Units shall meet
subsections (1) and (2) above and shall
additionally be in compliance with the
regulations of Chapter 19.112.
d. Air conditioning units and similar
mechanical equipment such as generators,
sump pumps, heating, and ventilation
equipment shall be ground‐mounted and
screened from public view or underground,
and shall meet accessory structure setbacks
and adhere to the requirements of Chapter

10.48 of the Municipal Code

12. Fences Shall comply with the requirements of
Chapter 19.48 of the Municipal Code.

13. Refuse,
recycling and
other
containers
a. A minimum 8‐foot by 3‐foot space per unit,
not visible from the street, shall be provided
in an interior yard behind a fence.
b. This area shall not be concurrent with any
emergency access pathway required by the
Fire Department.

14. Parking a. Units shall have at least one off‐street parking space, except that parking
For clarity
For clarity
486
CC 11-01-2022
486 of 529
Ordinance No. XX‐XXX

requirements shall not be imposed in either
of the following instances:
i. The parcel is located within one‐half mile
walking distance of either a high‐quality
transit corridor, as defined in Public
Resources Code Section 21155(b) Code, or
of a major transit stop, as defined in
Public Resources Code Section 21064.3.
ii. There is a car share vehicle located within
one block of the parcel.
a. Parking space(s) shall be provided in an
enclosed garage encompassing 10’ by 20’
space for each space. unobstructed (i.e., by
walls, appliances, etc.) between six inches
from finished floor up to six feet from
finished floor.
b. When additional enclosed parking space(s)
is/are provided, the space(s) shall meet the
requirements of Chapter 19.124.

15. Driveway and
curb cuts:
a. A one car driveway shall be a minimum of 10
feet in width and a maximum of 12 feet in
width.
b. A two‐car driveway shall be a maximum of
20 feet in width. Any third or more driveway
spaces shall be in tandem.
c. Subparagraphs a and b do not apply to the
flag lot access area.
d. A maximum 18’ foot wide curb cut
whenWhen a two‐car curb cut is permitted, a
maximum 18’ foot wide curb cut shall be
allowed.
e. A maximum 12’ foot wide curb cut
whenWhen a one‐car curb cut is permitted, a
maximum 12’ foot wide curb cut, shall be
allowed.

16. Short Term
Rentals
Prohibited:

No residential unit created pursuant to this
Section may be rented for a term of 30 days or
less.

For clarity
and
consistency
with existing
requirements
For clarity
487
CC 11-01-2022
487 of 529
Ordinance No. XX‐XXX

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.

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 property outside any approved
subdivision or parcel map boundary.

B. Minimum Lot Area

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.)
RHS‐218: Minimum lot size of 218,000 square feet (218
* 1,000 s.f.)
488
CC 11-01-2022
488 of 529
Ordinance No. XX‐XXX

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
and / or
developed
pursuant to
Government
Code Section
64411.7 and
65852.21
a. Each resulting lot shall be at least 40% of the size of the original lot being split.
b. Each resulting lot shall share one common
driveway. If an existing driveway or curb cut
exists, a new driveway or curb cut location shall
not be approved.
c. Up to two new property lines may be added to
create a new lot and mustshall follow the contours
of the property.
d. If in an area where direct sanitary sewer
connection is unavailable, a percolation test
completed within the last five years, or if the
percolation test has been recertified, within the
last 10 years, must be provided.
e. Building pads shall be identified on the flattest
portion of the resulting lots a lot, closest to an
existing   or proposed new driveway. Where no
driveway exists, building pads shall be identified
on the flattest portion of the lot, closest to the
access road unless doing so would result in a
combined grading total greater than that required
for siting elsewhere on the lot. In those cases,
building pads shall be sited so as to result in the
minimum required grading to develop two units
of up to 800 square feet each.

For clarity
Modified
hillside
grading
and siting
standards
489
CC 11-01-2022
489 of 529
Ordinance No. XX‐XXX

f. No side or rear setbacks shall be required for an
existing structure or for a structure constructed in
the same location and to the same dimensions as
an existing structure.
e.g. No new or expanded structures shall encroach
upon any existing public or private utility
easements.

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.

D. Development
on Substandard
Lots
A Hillside Exception shall be obtained to construct
structures or improvements on existing vacant legal
lots, except where prohibited by Government Code
Section 65852.21.

E. Site Grading

1. Maximum
Grading
Quantity
a. Cumulative total of 2,500 cubic yards, cut plus fill.

Includes: grading for building pad, yard areas,
driveway and all other areas requiring grading.

Excludes: basements
b. All cut and fill shall be rounded to contour with
natural contours and planted with landscaping
which meets the requirements in Section

19.40.050G
c. For each of the lots developed or created pursuant
to Government Code Sections 64411.7 and
65852.21, a cumulative total of 1,250 cubic yards,
cut plus fill (including grading for building pad,
yard areas, driveway, all other areas requiring
grading, and basements), except if the original lot
that was subdivided has already performed prior
grading, then the amount of grading that has
previously occurred shall be reduced from the
maximum grading quantity allowed cumulatively
on the two resulting lots.

For each of the lots developed or created pursuant
to Government Code Sections 64411.7 and
Modified
hillside
grading
and siting
standards
PC
modified
grading
limitation
490
CC 11-01-2022
490 of 529
Ordinance No. XX‐XXX

65852.21, unless required by the City Engineer or
to meet Fire Code requirements, grading activity
shall not result in a change in grade elevation of
more than 12‐inches from existing natural grade.

In all cases, the following shall apply:
i. Change in grade elevation shall be limited
to the minimum extent necessary to ensure
adequate drainage and access as
demonstrated by a grading and drainage
plan prepared by a registered civil
engineer.
ii. Split level designs shall be used to avoid
additional change in grade elevation.
iii. Unless otherwise required by the City
Engineer, spoils shall be balanced on site
and shall match the existing grading and
drainage pattern of the site.
i.iv. Unless required by the City Engineer,
development shall not result in a finished
floor more than 36 inches above finished
grade.

2. Graded Area a. Shall be limited to the building pad area to the greatest extent possible.
b. For lots developed or created pursuant to
Government Code Sections 64411.7 and 65852.21,
graded areas are limited to within 50 feet of the
building pad area.

3. Multiple
Common
Driveways
Grading quantities shall be divided equally among the
participating lots.

E.g., two lots sharing a driveway shall divide the
driveway grading quantity in half. The divided share
will be charged against the grading quantity allowed
for that lot development.

4. Flat Yard Area a. Limited to a maximum of 2,500 square feet, excluding driveways
PC
modified
grading
limitation
491
CC 11-01-2022
491 of 529
Ordinance No. XX‐XXX

b. For lots developed or created pursuant to
Government Code Section 64411.7, limited to a
maximum of 1,250 square feet per lot, excluding
driveways, except as limited by subsection (I).

5. Soil Erosion
and Screening
of Cut and Fill
Slopes Plan
A licensed landscape architect shall review grading
plans and shall, in consultation with the applicant and the City Engineer, submit a plan to prevent soil
erosion and to screen cut and fill slopes.

F. Landscaping

1. Tree Planting
Plan
Shall be prepared by a licensed landscape architect
to:
a. Screen the residential structures to the greatest
possible extent from the following prominent
intersections.

For projects pursuant to Government Code Section
65852.21, no more than 1050% of the structurevisible
wall face surface area shall be visible from the
following prominent intersections:
i. Foothill Boulevard and Cristo Rey Drive
ii. Foothill Boulevard and Alpine Way
iii. Bellevue and Carmen Road
iv. Linda Vista Drive and Hyannisport Ave
v. Hyannisport Ave and Bubb Road
vi. Rainbow Ave and Weymoth Drive.

A visual simulation from each of the intersections
above shall be provided to indicate compliance.
b. Reintroduce trees on barren slopes which were
denuded by prior agricultural activities

2. Landscape
Requirements
Must comply with the Chapter 14.15, Landscaping
Ordinance and Wildland Urban Interface Fire Area
(WUIFA) requirements.

At least 50% of the front yard area shall be
landscaped (i.e., not hardscaped)
For clarity
492
CC 11-01-2022
492 of 529
Ordinance No. XX‐XXX

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 insure cover the cost 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
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.
a. Lots < 1 acre 50 feet
b. Lots ≥ 1 acre 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%
site line of
a. MayShall not further encroach into the site line. For example, the addition may not add height or bulk
which may increase the disruption to the fifteen
percent ridgeline site line.
493
CC 11-01-2022
493 of 529
Ordinance No. XX‐XXX