ORDINANCE NO. XX-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-2022-001
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 rev iew 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 of a parcel in a single-family residential zone that meets certain requirements; and
WHEREAS, SB 9 authorizes local jurisdictions to apply objective zoning standards, objective subdivision standards, and objective design standards , subject to certain limitations in statute, and provides that these standards may be embodied in alternative objective land use specifications adopted by a local agency; and WHEREAS, the City Council wishes to adopt objective standards for the approval of housing development projects and parcel maps that are protective of the health, saf ety, peace, morals , and general welfare of Cupertino residents and consistent with the requirements of State law; and
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 reci tals 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.
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 t his 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 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, a dverse 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 a n 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 Ordinance No. XX-XXX
Section must, to the ma ximum 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 c antilevered 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.
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. R esidential 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. R equired L lightwells;
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 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. “Pi
e-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 Ope
n 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 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:
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 accord ance 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 re quired 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 existi ng
building or new buildings, at least one of the
Ordinance No. XX-XXX
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 Directo r 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 ad d 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 Mun icipal Code to read as follows:
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%
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], a nd/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
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 Gov ernment 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 Gov ernment Code Section 64411.7:
a. No more than two new, non-curved property lines may
be added to create a new lot.
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. R esulting 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.
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 non-
hardscape 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. F or 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 G overnment 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.
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 exis ting 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:
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 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
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 wid e 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 pie - shaped 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 sh all be permitted.
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.
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 neverthel ess 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 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 B uilding 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 def ined 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 Fee s. 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.
Ordinance No. XX-XXX
c. Notwithstanding subparagraph (a),
development pursuant to this Section may
have a maximum Floor Are a 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% , i f a combined
first-story side setback of 15 feet (with
no first- story side setback less than
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, i f 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 sto ry
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
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 setback s 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 structure s shall
encroach upon any existing public or
private utility easements.
iii. No set back shall be required from a
shared new side lot line between the
two new lots created pursuant to a n
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
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 lo t
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 t he
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:
i. A 9-foot-high vertical line from natural
grade measured at the property line; and
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.
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 othe r 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 sh all not be
concurrent with areas designated as
privacy planting planters.
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 the y 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.
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 c aps 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 i nterior face of the
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 l iving 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,
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)
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.
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:
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. Non-
subdividable
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
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 th at
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
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. F
or 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 r egistered 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
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 Section s 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
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
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 Section s 64411.7 and
65852.21, grading, building pads for structures and
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 Section s 64411.7 and 65852.21
have no areas with slopes less than 30% that can
accommodate up to two uni ts of 800 square f eet
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 Gover nment to
ensure the privacy protection of the building permit
applicant or owners of surrounding properties that
may be affected by the structure under construction.
However, the Director of Community Development
Ordinance No. XX-XXX
may confer with the building permit applica nt to
discuss alternate means of preventing privacy
intrusion and preserving views except that for lots
developed or created pursuant to Government
Code Section s 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:
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 hou sing 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%
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 -five- percent floor area ratio, prior to applying the slope adjustment factor, when a portion of the private open space is attributed to the lot area for calculating FAR
c. Average slope of lot Calculated on the developable lot only.
B. Height of Buildings and
Structures Limited to 30 feet
C. Setbacks
First Floor Second
Floor
Habitable Third Floor (or
portions of structures
taller than 20 feet)
1. Front-yard
a. Slope ≤ 20% 20 feet Driveway and
garage must be
designed to
enable vehicles
to park off -
street
25 feet 25 feet
b. Slope > 20% 10 feet 25 feet 25 feet
2. Side-yard
a. Interior Side 10 feet 15 feet 20 feet
Ordinance No. 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.
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 Non -
conforming Wall Plane for
structures not located within a
prominent ridgeline site line
a. Where a building legally constructed according to existing first floor yard and setback regulations at the time of construction encroaches upon present required first floor setbacks, one 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 proper ties developed or created pursuant to Government Code Section 65852.21 and 64411.7.
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 Section s 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
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 earth - tone and vegetation colors include natural hues of brown, green and shades of gray.
b. Reflectivity Value Shall not exceed 60 on a flat surface
3. Outdoor Lighting All outdoor lighting shall meet the requirements in Chapter 19.102.
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
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.
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 investigati ons 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 a nd 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.
Ordinance No. XX-XXX
K. Solar Design
The setback and height restrictions provided in this chap ter 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.
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 ho using 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 mitig ate 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 fo r 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 t o 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
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.
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:
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 shal l 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.
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. I f 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 u nconstitutionality 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, claus e 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. U
nder Government Code Sections 66411.7(n) and 65852.21(j), an ordinance adopted to implement the requirements of S enate 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. T his 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:
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