Cupertino City Council
November 1, 2022

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 ST ANDARDS FOR MINISTERIAL

APPROV AL OF DUPLEXES AND LOT SPLITS IN SINGLE- FAMILY

RESIDENCE DISTRICTS
SECTION I: PROJECT DESCRIPTION
Application No.:

Applicant:

Location:

MCA- 2021- 005
City of Cupertino
Single- Family Residential Districts Citywide
SECTION II: RECIT ALS
WHEREAS, on September 16, 2021, Governor Newsom signed into law Senate Bill 9 (" SB 9"), an act to amend Section 66452. 6 of, and to add Sections 65852. 21 and 66411. 7 to, the Goverrunent Code, relating to land use; and
WHEREAS, SB 9 require a proposed housing development containing no more than two residential u: iThts within a single- family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements; and
WHEREAS, SB 9 further require a local agency to rninisterially approve a parcel map for a lot split for a parcel in a single- family residential zone that meets certain requirements; and
WHEREAS, SB 9 authorizes local jurisdictions to apply objective zoning standards, objective subdivision standards, and objective design standards, subject to certain limitations in statute, and provides that these standards may be embodied in alternative objective land use specifications adopted by a local agency; and WHREAS, prior to SB 9 taking effect on January 1, 2022, the City Council wishes to adopt objective' standards for the approval of housing development projects and parcel maps that are protective of the health, safety, peace, morals, and general welfare of Cupertino residents and consistent with the requirements of State law; and WHEREAS, the implementation of SB 9 without standards for the ministerial approval of development projects and lot splits would create a current and immediate threat to the Ordinance No. 21- 2235

public health, safety, or welfare, and therefore the City Council wishes to adopt an interim ordinance that will allow for the orderly and effective implementation of SB 9.

SECTION III
NOW, THEREFORE, BE IT ORDAINED:

That after careful consideration of facts, exhibits, testimony and other evidence submitted in this matter the City Council hereby adopts the Ordinance based on the findings described below, the public hearing, and the record, as follows:

Section 1. The recitals set forth above are true and correct and are hereby incorporated herein by this reference as if fully set fortli in their entirety.

Section 2. The City Council finds the following as set forth by Municipal Code Sections 19. 152. 020C and 19. 152. 030D:

1. That the proposed zoning is in accord with Title 19 of the Municipal Code and the City' s Comprehensive General Plan ( Cornrnunity Vision 2040) and the proposed amendments are internally consistent with Title 19 of the Municipal Code.

The proposed amendments have been adopted in accord with the requireme; ntsof Title 19, and are proposed to implement SB 9 in a manner that is consistent with the requirements of t7ie Cihfi General P( an and internaLLy consistent witli Title 19.

2. The proposed zoning is in compliance with the provisions of the California Environmental Quality Act ( CEQA).
u; nder Government Code Sections 66411. 7( 7?) and 65852. 21( j), a; n ordinance adopted to implement the requirements of SB 9 shall ; not be co; nsidered a project under CEQA. Tlie proposed ordinance is therefore exempt from CEQA.

3. The site is physically suitable ( including, but not Iirnited to, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designation( s) and anticipated land use development( s).

The proposed ordinance amendments are not bei; ngapp( ied to any specific site, nor is it reasonab7y foreseeab( ewhich specific sites may edect to utilize the proposed ordinance amendmen. ts.

4. The proposed zoning will promote orderly development of the City.

The proposed ordinance is intended to promote t7ie orderly implementation of deve7opment permitted under SB 9.

5. That the proposed zoning is not detrimental to the health, safety, peace, morals and general welfare of persons residing or worlang in the neighborhood of subject parceIs.

Ordinance No. 21- 2235

The proposed ordi; nanceamendments are not being applied to any specific site, nor is it reasonably foreseeable whic7i specific sites may dect to uti( ize the proposed ordinance amendments. The proposed ordinance wiu regulate the development of projects in single- family residential districts authorized under SB 9 to protect the health, safety, peace, morals and general welfare of persons residing' m those districts.

Section 3. The City Council hereby approves the following amendments to the Cupertino Municipal Code:

1. Add a new Section 18. 20. 170 of the Cupertino Municipal Code to read as follows:

18. 20. 170 Ministerial A roval of Urban Lot S lits.

A. The Director of Community Development shall ministerially approve a parcel map application for an urban lot split if it meets the a ents of Government Cod Section 66411. 7 and conforms to pll applicable objective requirements of the Subdivision Map Act commencin with Government Code Section 66410 . No ublic hearin shall be required. Notice shall be provided to adjacent property owners including those across any public or private stree' D fourteen days prior to any action on the proposed project. The decision of the Director of Community Development shall be final.

The Director of Commuru Devel ent shall
Jit pursuant to this section to comply with objective zoning standards, objective subdivision standards, and objective design review standards applicable to the parcels created by pursuant to this Section, to the extent that such standards do not conflict with Government Code Section 66411. 7 inclu ' t not ' led to the o ' ective subdivision standards in Parara h G.

C. Notwithstan ' P h the Director of ommuni
Devel ent ma den an an lot lit to this
Section, if the Building Official makes a written finding, based upon a derance of the evid that an h ' develo ent ' ect
in connection with the lot lit would have a ' a adverse d defined and determine Section Government C de Section 65589. 5( di( 2 u on ublic health andsafet or the h, sical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

Ordinance No. 21- 2235

D. In addition to an other conditions established in accordance with this Section, the Director of Community Development may require any of the following conditions when considering an application for a parcel ma for an urban lot s lit ursuant to this Section:

2. A ent that the
adaointhe ublicriht- of- wa,.
have access to vide access to or
E. Any lot created pursuant to this Section shall be limited to residential uses.

F. Gra Gra a shall not result in a chan the natural
grade by more than 6- inches from existing natural grade, as d. emonstrated a ' and ' lan ared b a o civil en ' eer
unless required to by the City Engineer;
G. An applicant for a lot split shall provide proof that the property has notbeen ied arenterinthethree ears ' thea lication
to the satisfaction of the Director of Community Development.

H. An licant for a lot lit t to this Section shall an
affidavit statin that licant inten to a h o unit on
one of the lots created as their principal residence for a minimum of three ears from the date of the of the an lot li vid
however, that this Paragraph shall not apply to an applicant that is a community land trust, as defined in Revenue and Taxation Code Section 402. I II " orisa ' edrr tio asd in
Revenue and Taxation Code Section 214. 15.

I. Ob' ective Subdivisions Standards for Ministerially Approved Lot Splits. In addition to any app] icable objective subdivision standards in this Title or the Subdivision Map Act and the requirements of Government Code Secti 7 a lot ' t t to this
Section must comply with the objective subdivision standards to the maximum extent permissible under Government Code Section 66411. 7, inclu ' but not limi to o " e standards for ministerial lot lits set forth in Sections 19. 28. 050 and 19. 40. 050.

J, This Section shall remain in effect until such time as Government Code Section 66411. 7 is repealed or superseded or its requirements for Ordinance No. 21- 2235

ministerial approval of lot splits are materially amended, whether by legislation or initiative, or are held to be unenforceable by a court of com t ' urisdicti at which time this Section shall become null and void.

2. Amend or add the following definitions in Section 19. 08. 030 of the Municipal Code to read as follows:

Bay window" means a proiecting window element that is not an extension of the floor area and does not incorporate any useable space for seatin or other ur. oses
Duplex" means a $ residential develo ment, on a lot under one ownership, containing not more than two kitchens, designed and used as two attached or detached rima dwelling units, of comparable size independent of each other.

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

1. Halls;

2. Base of stairwells;

3. Base of elevator sliafts;

4. Services and mechanical equipment rooms;

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

6. Residential Lbasements in the A, Al, Rl and RHS zoning districts with lightwells that do not conform to Section 19. 28. 070( I); 7 Residential basements in the Rl and RHS districts on
ects t to Government Code section 65852. 21

8. Residential garages;

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

10. Sheds and accessory structures.

Floor area." shall not include the following:

Ordinaiice No. 21- 2235

Residential Bbasements in the Rl and RHS zoning districts with lightwells that conform to Section 19. 28. 070( I);

2. J L2ightwells;

3. Attic areasa

4. Parl< ing facilities, other than residential garages, accessory to a permitted conditional use and located on tlte same site;

5. Roofed arcades, plazas, walkways, porches, breezeways, porticos, courts and similar features not substantially enclosed by exterior walls.

Gable end" means the exterior wall that su itched roofs and is enerall, trian, ular in sha e.

Lot" means a parcel or portion of land separated from otl' ier parcels or portions by description, as on a subdivision or record of survey map, or by metes and bounds, for purpose of sale, lease or separate use.

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

2. " Flag lot" means a lot having access to a street by means of a private driveway or parcel of land not otherwise meeting the requirement of this title for lot width.

3. " Interior Jot" means a Jot other than a corner lot.

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

5. " Pie- shaped lot" means an interior lot where the front lot line abuts a cul- de- sac, is 20'/ o or more shorter than the rear lot line or the lot has five or more lot lines.

Su stantiall nclosed" means an area that is covered b roof or ceilin. that is not more than 50oo o en to the sk elements and surrounded by solid barriers that are six inches or taller on three sides.

Solid barriers do not include open railings that are no taller than 42 Ordinance No. 21- 2235

inches, decorative arches or trellises. Railings and trellises shall have a visual transparency of more than 50'/ o.

3. Amend Section 19. 12. 030 Approval Authority, subsection R- I Ordinance Permits to add the following:

Type of Permit % C_ m
Public
d
Public 4
Chapter/
or Decision A- B
trative 5
Commission Council RadiusD
bite __ tion
Findimzs
5 Committee
Comment
i l
Miscellaneous
Ministerial F None Yes _ 19. 28. 150
Permit

4. Amend Section 19. 12. 030 Approval Authority, subsection R- I Ordinance Permits to add the following:

Type of Permit % Cih
d
Public !_ Cha' oter/
or Decision A- B
tratlVe 5
Commission Co_ u_ ncil RadiusD
Site __ tion
Findines
m Uommittee
Comment
12s
Miscellaneous
Ministerial Not allowed
Permit

5. Amend Section 19. 12. 110F of tl' ie Cupertino Municipal Code to read as follows:

F. Posted Site Notice:

1. Applicants shall install notice( s) on the subject site that is/ are clearly visible and legible from the right- of- way in accord witli the requirements of Table 19. 12. 030.
a. Applicants must install a site notice in the front
yard of the subject site.
b. For all applications other than Two Story Permits,
Residential Design
Review, Miscellaneous Ministerial Permits, and
Tree Removal applications in Rl or R2 zones, if the
Ordinance No. 21- 2235

subject site has more than one property line
abutting a street, the applicai" it may be required to
install more than one notice.

2. The notice shall be a weatherproof sign, firmly
attached to 5 foot tall posts and:
a. For Two Story Permits, Residential Design
Review, Miscellaneous Ministerial Permits and
Tree Removal applications in Rl or R2 zones, shall
be at least 2 feet tall and 3 feet wide.
b. For all other applications that need a site notice,
shall be at least 4 feet tall and 6 feet wide.

3. The notice shall be placed at least 14 days prior to the decision/ public hearing and shall remain in place until an action has been taken on the application and the
appeal period,. i has passed.

4. The notice shall contain the following:
a. The exact address of the property, if known, or the
location of the property, if the address is not
I< nown;
b. A brief description of the proposed project, the
content of which shall be at the sole discretion of
the City;
c. City contact information for public inquiries;
d. A deadline for the submission of public comments;
e. If proposing a physical alteration to an existing
building or new buildings, at least one of the
following visual representations of the proposed
project:
i. A color perspective drawing or three-
dimensional ( 3- D) photographic simulation of
the proposed project, in a size deemed
appropriate by the Director of Community
Development.
ii. For Two Story Permits, Residential Design
Review Permit, and Miscellaneous Ministerial
Permit applications, a color or black and white
perspective drawing or three- dimensional ( 3- D)
photographic simulation of the proposed
project, at least II inches by 17 inches in size.

Ordinaitce No. 21- 2235

iii. Visual Representation is not required for
applications that do not have a material change
in the physical appearance of the property.

6. Amend Section 19. 28. 110 of the Cupertino Municipal Code to add a new subsection G as follows:

G. eous Ministerial Permit: For ' ects notice of a
Miscellaneous Ministerial Permit, notice shall be mailed in accord with subsection 19. 110A and on the calendpr
da. s rior to the date of action on the a lication.

7. Amend Section 19. 28. 170 of the Cupertino Municipal Code to read as follows:

A. An appeal may be filed by any person, firm or corporation aggrieved or affected by any grant, denial, modification or revocation of any permit, or any determination or interpretation related to any provision of this title. No a eal of a Miscellaneous Ministerial Permit shall be allowed,

8. Amend Section 19. 28. 040 of the Cupertino Municipal Code to read as follows:

Planning permit required prior
to building permit application
Approval
authority
iType of Project
I
A. None
Admin.

One- story single- family project that does
not require exception or variance from the
requirements of this ordinance
B. Minor Residential Permit,
pursuant to Chapter 19. 12,
Administration

1. One- story encroachment into a
required rear yard setback, subject to
requirements of Section 19. 28. 070

2. One- story extension of an existing side
yard nonconforming building wall
line, subject to requirements of Section

19. 28. 100 in all districts except Rl- a

3. One- story project with a gable end of a
roof enclosing an attic space projecting
outside the building envelope, subject
to requirements of Section 19. 28. 070 or

19. 28. 080
Ordinance No. 21- 2235

Planning permit required prior
to building permit application
i Approval
authority
Type of Project
I

4. New or expanded second story deck or
balcony with views into neighboring
residential side or rear yards in all
districts except Rl- a

5. Any active or passive solar structure
that requires variation from the setback
or height restrictions of this chapter,
provided that provided that no such
structure shall infringe upon solar
easements or adjoining properff
owners

6. One or two- story addition or new
home on a sloped single- family
residential lot with development on
building pads/ graded areas with actual
slopes equal to or greater than 20% and
with total floor area ratio of all
struchires on the lot greater than 35%
C. Director' s Minor
Modification, pursuant to
Chapter 19. 12, Administration
Encroachment of porch elements into the
required front yard setback in the Rl- a
zone, subject to the requirements of Section

19. 28. 100.

D. Two- Story Permit, pursuant to
Chapter 19. 12, Administration
Two- story addition or new two- story home
in all districts that do not require
Residential Design Review per Section

19. 28. 040 ( E) except in an Ij- a zone.

Ordinance No. 22- 2235

Planning permit required prior
to building permit application
iApproval
authority
Type of Project
E. Residential Design Review,
pursuant to Chapter 19. 12,
Administration
Admin.
with
design
review
Two- story addition ornew two- story home
in all districts except Rl- a wliere:

1. Second floor to first floor area ratio is
greater thait 66%, except any second to
first floor ratio for development on
building pads/ graded areas with actual
slopes equal to or greater than 20%;
and/ or

2. Where second story side yard
setback( s) are less than 15 feet to any
interior side property line
DRC
with
design
review
Two- story addition, new two- story home,
aitd/ or second story deck in the Rl- a zone
F. Exception, pursuant to
Chapter 19. 12, Administration
Section 19. 28. 130,
Exceptions
DRC
One or two- story project requesting an
exception from Sections 19. 28. 070
Development Regulations ( Building)],

19. 28. 080 [ Eichler Rl- e Building Design
Requirements], and/ or 19. 28. 110
Landscape Requirements'.

G. Hillside Exception, pursuaiit
to Chapter 19. 12,
Administration
PC
Development ( area greater than 500 square
feet) on slopes greater than 30%
H. Architectural and Site
Approval, pursuant to
Chapters 19. 12,
Administration
One or two- story addition or new home on
a sloped single- family residential lot with
development on building pads/ graded
areas with actual slopes equal to or greater
than 20% and where the cut plus fill of the
site exceeds 2, 500 cubic yards
I. Conditional Use Permit,
pursuant to Chapters 19. 12,
Administration
Two- story addition or new two- story home
in an Rl zoning district with an " i" suffix
J. Miscella_ neous Ministerial _ Admin 1, New one or two- sto du lex ro' ect Perm_ it in an Rl zonin district ursuant to
Government Code Section 65852. 21
Ordinance No. 21- 2235

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. Forlots created pursua_ nt to the provisions of Government 1:,,,, l Code Section 64411. 7:
xuxll-/
a. _ N_ omor_ ethan two_ new_ nro_' t Iines ma be added to create a new lot.
b. Existin interior lots or ie sha ed Jots with 60 feet or more street frontaee: resultim. lots shall have a street fr__ oe _ that is bet_ ween_ 40- 60% of the lot width of the lot being subdivided.
c. _ Bxistin_ s_ interior lots or pie sha_ p_ ed__ lots withles__ sth_ an 60 feet of street frontaee: one of the resulting lots shall be a flag lot with access to the street.
d. E__ x_ istin fla lot subdivision: resultin lots must be subdivided in the same orientation as the existin lot i. e. the existing front lot line must be the front lot line of the future lots and the existina rear lot line shall be the rear lot line of the future lots) and shall be between 40- 60% of the lot width of the lot being subdivided.

Ordinance No. 21- 2235

Rl- 5 Rl- 6, 7. 5, 8, 10, 20,
etc., and Rl- 6e
Rl- a
e. _ Corner Sots: Shall bes_ ubdivi, led in a manner that the existine street side propertv line shall be snlit to create at least one front lot line on that frontage.

C. Landscaping i, See Chapter 14. 15, Landscape
Ordinance.
ii. At least 50'/ o of the front vard of
iii. Landscaping plans are
required for all additions
or new homes. The
an rooect a roved ursuant to purpose of the

9. 28. 150 shall be _ landscaoine is to beautifv
bv landsca' trine ( i. e., not the prooertv and to
hardscaped). achieve partial screening
of building forms from
the street and adjacent
properties. Generally, the
landscaping may include
shrubbery, hedges, trees,
or lattice with vines on
fences.
iv. At least 50oo of the
front ard of an ro' ect
a roved iu_ rsuant to
Chapter 19. 28. 150 shall
be occu ied b
landscapim, ( i. e., not
hardscaned).

D. Development proposed on building pads / graded area with slopes equal to or greater than 20%

1. Total site
grading ( cut
plus fill) 2- 3
i, 2, 500 cubic yards maximum.
ii. Projects that exceed the maximum quantity shall require Architectural and Site Approval per Section 19. 28. 040 ( H). iii. For proiects proposed pursuant to Government Code
Sections 64411. 7 and 65852. 21 shall be limited to 2, 500 cubic vards for the entire site prior to subdivision.
iv. !_ roiects proposed ursuant to Governm_ ent Code
Sections 64411. 7 and 65852. 21 flat ard area created b gr__ areas _ th_ at_ a__ re slo ed more than IO%_ shall be Ordinance No. 21- 2235

Rl- 5 Rl- 6, 7. 5, 8, 10, 20,
etc,, and Rl- 6e
Rl- a
limitedto 2, 500 _ sauare feet noQ inc_ luding the_ drivewav_--_ l______-__ J__- ;- -
prior to anv subdivision.

2. Fences See Chapter 19. 48, Fence Ordinance
E. Development
structures,
improvemeiits,
or grading) on
actual slopes >
i, Limited to 500 square feet.
ii. Development greater than 500 square feet shall be subject to a Hillside Exception by the Planning Commission in
accordance with section 19. 40. 080 of the RHS Ordinance. No Hillside Excention is permitted on lots developed pursuarit 30'/ 0 to Section 19. 28. 150.

F. On- site All ro ertie shide a 4. 5 foot wide athwa and a 4. 5 imorovements__ f_ oot wide___ p_ lantine stri' o._ curb and utter curb cut, AC pavement, and undereround utilities at the street as follows:

1. Detached pathway when the properties on either side of the p_ ronert_ v__ neine dev_ elopedhas_ a detached athwa

2. Monolithic athwa when the ro erties on either side of the nro' tyertv beine develo' oed has a monolithic pathwav

3. _ When moao_ erties on_ eith_ erside of the ro er do not ha_ ve a athwa a athwa that matches the re- dominant
pattern of nathwavs on the street, as determined bv the Citv Engineer, shall be provided, unless the property has a
semi- rural" desienation_ ado_' t_ ied__ by _ C_ itvCouncil:
r-"- i-? 4
resolution.

4. The Citv Eneineer shall adopt anv obiective standard necessa to im lement the re uirements of this ara ra h.

G. Drivewavs for 1. _ For n__ ewinterio_ r_ lots with a treet fronta e of 35 feet or less develo ments no more than a 12- foot wide one- car wide curb cut shall be nursuant _ to permitted. A distance of at least 22 feet shall be provided Government between the two one- car wide curb cuts, else, a shared Code Section drivewa curb cut ma be rovided.
64411. 7 2. Existin ie- sha ed lots with a street fronta e of more than 70 feet: Resultim. lots mav movide a maximum 18 foot wide driveway curb cut for each resulting lot provided a distance of atleast 22 feet is provided between existing and proposed driveway___ jlares, el_ s_ e adrive_ wa curb cut no more than 12 foot wide ( one- car wide curb cut) shall be ' permitted.

Ordinance No. 21- 2235

Rl- 5 Rl- 6, 7. 5, 8, 10, 20,
etc., and Rl- 6e
Rl- a

3. Existim. pie- shaped lots with a street frontaee 70 feet or less:

Drivewav access shall be shared over the access area of the resultin fla lot. No other curb cuts shall be ermitted.

4. When subdivision results in a flae lot subdivision, the lots shall share vehicular access off of a minimum 20 foot and a maximum of a 25- foot- wide access area com risin of a
minimum 16- foot drive aisle, and minimum 2 foot wide
landscaping planter on either side.

5. Where a shared drivewa not throu h a fla lot is
d
i. No additional curb cuts shall be ermitted.
ii. 50% of the width of the shared driveway curb cut shall be on each ro er .
iii. A maximum curb cut of 18' feet shall be permitted.

6. A maximum 18' wide car curb cut is allowed when a two car a roach is ermitted.

7. A covenant necessarv for a' o' oromiate ineress and eeress easements shall be record_ ed when access is shared prior to fin_ al n_ a_ rce__ lm_ ap recordation.

8. A maintenance aereement shall be recorded to ensure
shared maintenance of an shared access easements
stormwater treatmen landsca in and rivate utilities
prior to final arcel map_ recordation.

H. Easements 1. Utilitv easements shall be recorded prior to final ' oarcel and Covenants _ m_ a_' orecordatio_ n.
reauired for 2. A covenant necessarv for maintenance of stormwater subdivisions treatment facilities shall be recorded mior to final man ursuant to recordation.

G__ overnmen_ t_
Code Section
64411. 7
lSJotes:

I Lots, winch contaiit less area than required by its zoning designation, but not less than 5, 000 square feet, may nevertheless be used as building sites, provided that all other applicable requirements of this title are fulfilled.
2 Maximum grading quantity includes gradiitg for the building pad, yard areas, driveway, and all other areas requiting grading, but does not include basements. The graded area shan be Ordinance No. 21- 2235

liinited to tlie buildii' ig pad area to tl" ie greatest extent possible. Gradiiig quai' itities for multiple driveways are divided equany ainong the participating lots, e. g. two Jots shariitg a driveway will divide the driveway grading quantity iii lialf. The divided sl" iare will be charged agaiitst the grading quaiitity allowed for that lot development.
3 An ait aitd ffflll areas shall be rounded to follow the natural contours and plaiited with landscapiitg that meets the followii' ig requirements:
i. A landscape pla+' i shall be prepared tliat addresses measures to prevent soil erosion and to screen cut and fill slopes.
ii. A tree plaitting plan sliall be prepared for the site which win screen grading areas, aitd residential structures, to tlie greatest possible extent, as well as to reiittroduce trees on barren slopes which were denuded by prior agricultural activities. iii. Laitdscape iinprovements shan meet the requirements as established iit the Laitdscape Ordii' iaitce, Cl' iapter 14. 15.
i v. Laitdscape improvements shan be iitstalled prior to final occupaiicy unless such ii tstallation is impracticable, in wlncl" i case, the applicaiit shall post a bond, casli, or otl" ier security to ensure iitstallation witli' i ait 18- montli period from occupancy. All sucli lai' idscape areas shall be properly maiiitained.

10. Add a new Section 19. 28. 150 of the Cupertino Municipal Code to read as follows:

19. 28. 150 Ministerial Approval of Up to Two Units.

A. Issuance of Miscellaneous Ministerial Permit. The Director of Comm ' Devel t shall " rove to two
residential units on a parcel in an R- I single- family residence district or R- I zoned Planned Development Zoning District if the proposed h ' devel ent meets the ' ents Government Code
Section 6585 and com lies with all li le o ' ective ' standards, objective subdivision staridards, and objective design review standards.

B. The Director of Community Development shall impose all objective zoning standards, objective subdivision standards, and o ' ective desi review in the Muni ' al General
an Iicable o c and other o ' ective land use '
that do not conflict with the requirements of Government Code Section 65852. 21, including but not limited to the objective zoning and design standards in Parara h E.

C. Notwithstanding Paragraph A, the Director of Community Development may deny a housing development project proposed under this Section if the Building Official makes a written finding, based Ordinance No. 21- 2235

e onderance of the evidence that the ropose
development proiect would have a s' pecific, adverse impact,, as defined and determined in Government Code Section 65589. 5( d)( 2), upon public health and saf
feasible method to satisfactorily mitigate or avoid the specific, adverse D. A lication and Fees. An lication on a form made a le by the City shall be completed by the applicant. The form shall be accom anied a fee t the Ci Council ma ad resolution to
sufficien recover the cost of a ' a the ents of this
section. The application shall be accompanied by all technical reports, Jans and information ' to make a determination on the
proposed project.

E. Obiective Zoning and Design Standards for Ministerially Approved Housin Devel en ' ects in the R- I District. In ddition to an licable o ' ective stan o ' ective subdivision standards and obiective design review standards in the Municipal Code, a housing development project approved pursuant to this Section must comply with all li le o aective ' and d standards the
le under Governm Code Section 6585
including but not limited to the following standards for ministerial develo ment ro' ects.

1. Develo ment a. Exce t as otheise rovided herein units Standards shall not exceed 800 s are feet er unit and
Gov. Code,__! i shall cottmlv with Paragraph B.
65852. 21) b. The floor area of the lareer unit in a dunlex develo ment ro osed ursuant to this
Section shall be no more than 200 s uare feet
g_ r than_ the smaller unit of the____ duplex
development.
c. Notwithstandim, sub' oaragraph ( a), a dtmlex
developed pursuant to this Section mav have
a Floor Area Ratio of up to 45'/ o of the net lot
area lus an additional 5oo for roof
overhangs, patios, porches, and other similar
features not Substantiallv Enclosed, if it
complies with the reauirements of
Ordinance No. 21- 2235

Paragraph B and subtiaragraphs 2 through 16
of this Paragraph; provided, however, that a
development proiect on a lot having
a slope 30'/ o or zreater shall not exceed the
floor area allowed under Cha ter 19. 40.

However, under no circumstances shall the
size of anv ministeriallv approved unit
exceed 2 000 s uare feet.
d. If proposine a two unit developm_ ent, ___ no
more than 25o/ o of the existins= exterior walls
of an existin unit shall be demolished
unless he site has not een occu ied b a
tenant in the last three vears.
e. If no dedication was re uired for creation of
the lot, the moiect shall include a dedication
to accommodate the predominant public
ri ht of wa as determined b the Cit
i Engineer, abuttine the corresponding lot line
and fronta e im rovements includin curb
eutter and sidewalk shall be installed bv the
ffl

2. Second to a. The ratio of the second storv to first storv First Floor floor ar_ ea shall not exceed 50'/__ oexce_ p_ tth_ at:

Area Ratio: i. In all Rl zoning districts except the Rl- a district, th___ eratio of the sec_ ond sto to first
storv floor area mav be u' o to a maximum of
6_ 6%, if acombine_ d_ first sto setback of 15
feet with no first sto side setback less
than five feet and a combined second sto
setback of at_ least 25 _ feet with no second
stonr side setback less than 15 feet) and a
rear setback of_ 25 feet is ro_ v__, ided
ii. In the Rl- a zonin district:

1. The maximum second storv to first ston
floor area ratio is 40'/ o of the existing or
proposed first floor area but no lar5;; er
than 500 sauare feet:

2. A second floor mav be at least 750
square feet in area but shall not in any
case exceed I 100 s uare feet if a_
Ordinance No. 21- 2235

combined first sto setback of 20 feet
with no first sto: tv side setback less
than ten feet), a combined second story
setback of 35 feet with no second sto
side setback less than 15 feet) and a rear
setback 40 feet is rovided.
b. Interior areas ( measured from the finished
floor to th_ eto' c_ of_ __ the roof rafter_ sl _ w_ ith heiehts ereater than 16 feet shall be double
counted as floor area as follows:
i. For one sto homes the floor area shall be
double counted as first floor area.
ii. For two to homes the floor area shall be
counted once each for first and second floor
lea.

3. Setbacks: a. _ M_ i_ nimum_ first floor front setback is 20 feet, except as othemise reauired in a tract map or
zonin ma exce t that:
i. In the Rl- a zonin district the re uired
minimum front setback is 30 feet.
ii. Gara es with u to two arkin s aces
shall be s_ eiback two additional fe_ et from
the face of the livine area of the unit, not
includin a front ent feature or orch.
iii. Third car ara e s aces:

1. On lots when the earaee is visible f__ rom_
the street: parking shall be provided in
tandem or in a detached accesso
structure at the rear of the ro _

2. On flag lots or on side- oriented garaees
located at the rear of the principal unit:
a third parkim, space mav be onthe
same wall plane as the other two
k_ i_
b. Minimum second floor front setback is 25
feet exce' ot that:
i. In the Rl- a zonin district the re uired
minimum front setback is 30 f et_.

Ordinance No. 21- 2235

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 le-
stom sections of two- stonr structures must fit
into the buildinz envelope defined bv:
i. A 9 foot hieh vertical line from natural
erade measured at the monertv line; and
Ordinance No. 21- 2235

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
thatis or can typically grow to a height of
30 feet of more and is located in the center
50% of the front vard can be used as the
front vard tree, subiect to an ISA certified
arborist certifving that the tree is in eood
health.
iii. A cov_ en_ ant shall be_ recorded to identif
the front yard tree as a Protected Tree and
notifying current and future property
Ordinance No. 21- 2235

owners to retain and maintain the tree in
good health.
b. Privac Protection lantin for windows
from second storvwindows shall be required
in th_ e__ _sa_ memanner as r_ equ_ irea__ Hr_ su_ antto Section ! 9_. 2_ 8. 070, except_ as provided below:
i. Windows or other openim, s in the wall
with a side vard setback less than 10 feet
shall have a minimum windowsill height
of five feet one inch or shall have obscure
glass and be inoperable with a fixed
d
ii. Windows or other openines in the wall
with a rear ard setback less than 25 feet
shall have a minimum windowsill height
of five feet one inch, or shall have obscure
lass and be ino erable with a fixed
d
iii. Subsections a and b do not a l to
skvliehts or windows which do not have
views into an ad' acent side or rear ard or
that face a street or anon- residential zoning
district.
iv. Minimum planter width required for
rivac lantin shall be three feet.

Emereencv access paths shall not be
concurrent with areas designated as
nrnt_ in__ e_ s.

7. Private open Each unit must movide at least 15'/ o of the unit s' oace: floor area as_ p_ rivate open s_ p_ ace on the firs floor wi h no dimension less than 10 feet.

8. Permitted vard a. Fron_ featur_ e_ s, but n_ ot orches ma encroachments encroach into a reauired_ front var_ a_ s_ etback ll__ D to three fe_ e_ t_,
b. May extend into a required yard a distance
not exceedins_ three feet,
c. No architectural fe_ ature, _ or combination
th_ ereof whether a__ portion_ of a rinci al or
accessorv structure, mav_ _ extend c_ loser____ than
three feet to ro er line.

Ordinance No. 21- 2235

d. Architectural features mav not exceed 50% of
the wall the are on as seen from the interior.

9. Second storv Not allowed.
decks
balconies or
similar
features that
are no
Substantiallv
Enclosed

10. ' a. Ent features:
standards: i. _ A_ maximumof oneentn' j_ e_ ature per unit is allowed but no more than one entrv
feature er stru ture shall be allowed.
ii. _ T_ h_ eent_ ureshallbeori_ e_ ntedtoface
the street and shall include a front entrv
doora__ lsoorien teh_ e_ st_____ reet.
iii, Maximum ent feature hei ht is as 14
feet to thetoi__ of__ the plat_ e.
iv. If a dtmlex with attached units is
ro osed a ro osed entr feature ma
incorporatetwoent_ rancedoors for the
two units. One of the entrance doors or a
coz_ m_ o_ no_ j_ n into a shared ent
n_ ortal shallbe orien_ t_ ed t__ ofa_ ce the street.
v. _ If_ a__ tmlexesare proposed on corner lots,
the entrances to the two units shall be on
different street frontages, except that if
the corner lot fronts a maior collector,
both the entrances may be located on the
minor collector or nei hborhood street.
b. If a front porch ( not a front entrv feature) is
nr_ m_ osed, chshall be____ p_ roportionatelv
greater in width than in height.
i, _ Po_ r_ ch__ elementsshallhavede_ tail_ in_ g that
emphasizes the base and have caps for
posts and fence elements of the porch.
c. Exterior and or uncovered stair access shall
not be allowed to the secon floor.

Ordinance No. 21- 2235

d. New structures shall be designed/ located in
a manner that no more than 10oo of
existine solar panel arrav on an adioinim
nronertv is i: mnac_ t__ shade/ shadow a_ s
demonstrated_ b_ y a shadow_ stud erforme_ d_
bv a licensed eneineer aualified to mepare
such studies.
e. All new structures ro osed in the Rl- e
zonine district shall meet the buildim
design require_ ments_ inSe_ c_ t_ ion_ an_ d
shall meet the E__ ichle__ rdesieel_ in__ e_ s.
f. In the Rl- a zon_ imr district, thesecona__ storv
shall not cantilever over a first story wall
y;
e. In addition to standards outlined in
subsections ( 1) - ( 9) above, development on
nrotierties with an average slope greater than
10'/ o shall comply with Section 19. 40. 050( E),
F) a_ nd ( G) an_ dSection 19. 40. 060( E) ( H) (_?>
aijJL
h. Windows and doors shall either:
i. Have a minimum three- and- one half
inch in width bv three- quarter inch in
depth trim when protruding from the
wallor
ii. Be inset a minimum of three inches from
the exterior finish of the structure. If
recessed, _ the _' sidin _ material
shall cover the recessed edge faces and
wrap toward the interior face of the
window lazin or door b not less than
two- inch de th.
i. All earaee d_ o_ ors shall __ bereces__ sed a
minimum of six ( 6) inches from the
surro_ undinsx buildin wall and shall inclu e
trim of at least__ oneanda ha! f_ JL5) in__ chesin
i. Roof overhangs or building eaves shall be a
minimum of 12 inches in width.

Ordinance No. 21- 2235

k. Detached structures on a lot must use the
same architectural stvle and materials.

1. W__ he_ re the garage faces the side yard, but is
visible from the street the ara e shall
incorporate a window on the street front
facade so that it aimears to be a habitable
ortion of the house. The window st le must
be the same as the windows on the habitable
dwelline unit( s).
m. Enclosed livin area shall be closer to the
street than earage space. Garasxes shall be set
b_ a_ ck_ as i_ d_ entified in sub ara rap_ h ( 3) above. n, No more than fiftv percent of the front
elevation of a house shall consist of ara e
i
o, The maximum width of a garaee on the front
elevation shall be 24 feet for a two- car ara e.

D, Garaeedoorsfornomorethantwocarsnaces
shall be visible from the public rieht of wav.
q. Outdoor li htin shall com I with the
reauirements of Chapter 19. 102.
r. The elevation facin a street shall
incoroorate at least four architectural
features such as ba windows or an ent
feature and or elements of architectural
interest, such as wall insets or offsets,
planters, railings, trellises, a combirxation of
roofing elements ( e. g. hip and gable roofs),
dormers chan e in architectural materials
guoins a ce' nt tiles or an accent window
inset ereater than six inches. Windowsills,
door or window trim, and roofine materials
do not count as one of the features.
s. Gable ends and dutch gable ends taller than
thirtv inches shall include at least one
element of architectural interest such as:
s a wall offset with corbels, brackets or
change in materials;
ii louvered wood or metal_ vents;
s clay o_ r _ terracott_ a tilevents;
Ordinance No. 21- 2235

u accent tile decoration;
ii medallion decoration;
a metal rilleo
ii a change in architectural materials;
ffl incorooration of corbels;
ii decorative able edimentsa
ii eyebrow trellises or pergola structurally
atta_ c_ hedtothe buildin or
s windows/ lazin .
t. Stone veneer or accent materials _ used as a
wainscot on a s_ tre___ etfacing facade sh_ all b_ e_
wra e around to the side fa a e and end
at a los= ical terminus, such as a fence line or a
u. Stone__ veneer or an other sidin material_
wrapped on columns shall terminate at the
floor.

11. Accessorv a. Allowed pursuant to the reauirements of buildins= s/ Chanter_ IL__,. 100 exce t that Accessow
structures: Dwelline units or Tunior Accessorv Dwelline units shall not be ermitted on an lot in the
R- I zonine district if a Jot split has been
approved pursuant to Section 18. 12. 70 and
unit s have been a roved for c nstruction
pursuant to Section 19. 28. 150 on each Iot.
b. Limited to one storv ( not to exceed 15 feet)
c. Accessorv Dwellim. Units shall meet
subsections I and 2 above and sh II
additionall be in com liance with the
reeu_ lations of Cha ter 19. 112.
d. Air conditionim. units and similar
mechanical equipment such as generators,
sum um s heatin and ventilation
eaui' o_ ment shall be round- mountedand
screened from public view or unders; rround,
and shall meet accessorv structure setbacks
and adhere to the requirements of Chapter

10. 48 of the Munici al Code_

12. Fences Shall __ comol__ with the re uireme___ ntsof Chanter_ l9. 48_ o_ f theMuni_ cinaLC_ ode.

Ordinance No. 21- 2235

13. Refuse a. A minimum 8 foot b 3 foot s ace er unit
rec clin and not visible from the street, shall be provided other inaninterior ard behind afence.
containers b. This area shall not be concurrent with anv emereencv access ' oathwav reauired bv the
Fire Depar_ tment.

14. a. Units shall have at least one off- street
parkine space, exce' ot that parkinz
requirements shall not be imposed in either
of the followin instances:
i. The narcelis I_ ocated_ within one- h_ alf mile
walking distance of either a high- aualitv
transit corridor, as defined in Public
Resou_ r_ ces Code Section 21l_ 55__ o de or
of a maior transit stop, as defined in
Pu_ blic Resources Code S_ e_ ction21064_. 3.
ii. There is a car sha_ re vehicle located within
one block of the arcel.
a. Parkina space( s) shall be provided in an
enclosed ara e encom assin 10' b 20'
y_ ace for each _ s_ p_ a_ ce_.
b. When additional enclosed parking space( s)
is/ are rovided the s ace s shall meet the
reauirements of Chapter 19. 124.

15. Driveway and a. A one car drivewav shall be a minimum of 10 curb cuts: feet in width and a maximum of 12 feet in
width.
b. A two car drivewav shall be a maximum of 20
feet in width. An third or more drivewa
s aces shall be in tandem.
c. Subnaraeranhs a and b do not a' o' olv to the
flae lot access area.
d. A maximum 18' foot wide curb cut when a
two car curb cut is permitted, shall be
allowed.
e. A maximum 12' foot wide curb cut when a
one car curb cut is ermitted shall be
allowed.

Ordinance No. 21- 2235

16. Short Term No resi_ d_ ential u__ nit cre_ ated__ nurs_ uan_ t tothis Rentals Section ma be rented for a term of 30 da s or
Prohibited:___ less.

F. This Section shall remain in effect until such time as Government Code Section 65852. 21 is repealed or superseded or its requirements for ministerial approval of housirrg development projects are materi. ally en whether I " or initiative or are held to be
unenforceable by a court of competent jurisdiction, at which time this Section shall become null and void.

G, An dw unit p v t to this Section hall be a eli I for conversion to a condominium, community apartment, or stock cooperative ro, aect. An, a lication for a tentativesubdivision ma or tentative arcel map for a residential condominium conversion of a unit created pursuant to this Section shall be denied the ent of Comm '
Develo merit.

11. Amend Section 19. 40. 050 of the Cupertino Municipal Code to read as follows:

A. Density

1. Dwelling Unit
Density
Determined by Appendix F of the General Plan based
upon slope density standards described therein.

2. Transfer of
density credits
Density credits derived from application of a slope
density formula to a lot or a group of lots may not be
transferred to properF5r outside any approved
subdivision or parcel map boundary.

B. Minimum Lot Axea
1, By zoning
district symbol:

Lot area shall correspond to the number ( multiplied
by one thousand square feet) following the RHS
zoning symbol.

Examples:

RHS- 20: Minimum lot size of 20, 000 square feet ( 20 * 1, 000 s. f.)
RHS- 120: Minimum lot size of 120, 000 square feet ( 120 1, 000 s. f.)
Ordinance No. 21- 2235

RHS- 218: Minimum lot size of 218, 000 square feet ( 218 1, 000 s. f.)

2. For subdivision Minimum lot area shall be in accordance with Appendix F of the General Plan, unless clustered in
accordance with Section 18. 52. 030 ( Hillside
Subdivisions). The minimum lot area shall be 10, 000
square feet for each unit in a clustered subdivision.

3. Subdividable
lots
Lot size zoning designation shall be assigned at time
of subdivision for properties not subdivided
pursuant to Government Code Section 64411. 7.

4. Non-
subdividable
legally- created,
developed lots
Shall reflect the existing lot size

5. Lots created a. Each resulting lot shall be at least 40'/ o of the size pursuant to of the original lot being split.

Government b, Each resultin lot shall share one common
Code Section drivewav. If an existim. drivewav or curb cut 64411. 7 exists, a new driveway or curb cut location shall not be a roved.
c, Up to two new property lines may be added to
c_ reate a new lot and must follow_ the co_ ntours of
the propertv.
d, If in an area where direct sanitary sewer
connection i unavailable a ercolation test
com leted within the last five ears or if the
percolation test has been recertified, within the
last 10 vears, must be provided.
e, Buildin ads shall be identifie_ 4 on the flattest
ortion of the resul_ tin lots closest to an existin
or ro osed new drivewa .

C. Minimum Lot
Width
a. 70 feet at front setback line.
b. No minimum lot width for lots served by private
driveway and which do not adjoin a public street.

Ordinance No. 21- 2235

D. Development
on Substandard
Lots
A Hillside Exception shall be obtained to construct
structures or improvements on existing vacant Iegal
lots, except where ' tyrohibited bv Government Code_
Section 65852. 21.

E. Site Grading

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

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

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

19. 40. 050G
c. For each of the lots developed or created pursuant
Grading to Government Code Section 64411. 7 _ a
Quantity cumulative total of 1, 250 cubic yards, cut plus fill including_ gra_: fo__ rbuild_ ip_ a____, d yardareas
drivewav, all other areas reauiring gradim., and
basements exce t if the ori inal lot that was
subdivided has alreadv performed mior uadine,
then the amount of eradine that has previous_ lv
i-
occurred shall be reduced from the maximum
gradimr auantitv allowed cumulativelv onthe
tw resultin Jots.

2. Graded Area ; 4 Shall be limited to the building pad area to the greatest extei" it possible.
b. For lots dev__ d or created ursuant to
Government Code Sections_ 6441l. 7and 3_ 5852. 21,
graded areas aye limited to within 50 feet of the
buildin ad area.

3. M
Common
Driveways
Grading quantities shall be divided equally among the
participating Jots.

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

Ordinance No. 21- 2235

4. Flat Yard Area . a. Limited to a maximum of 2, 500 square feet, excluding driveways
b. For lots developed or created pursuant to
Government Code Section 64411. 7, limited to a
maximum of 1250 s uare feet er lot excludin
drivewavs, except as limited bv subsection m.

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

F. Landscaping
Shall be prepared by a licensed landscape architect
to:
a. Screen the residential structures to the greatest
possible extent from the followim. mominent
intersections. For proiects pursuant to
Government C__ ode__ Section 65852. 21, no more than
10% of the structure shall be visible from the
follo__ w_ ine mominent_ intersections:

I Tvyy I) lay+; yrr i. Foothill Boulevard and Cristo Rev Drive 0 & ll L &- l % b
PIAII ii. Foothill Boulevard and Alpine Way
iii. Bellevue and Carmen Road
iv. Linda Vista Drive and Hvannisnort Ave
v, H annis rt Ave and Bubb Road
vi. Rainbow Ave and We moth Drive.

A visual simulation from each of the intersections
above shall be ' provided to indicate compliance.
b. Reintroduce trees on barren slopes which were
denuded by prior agricultural activities
Must comply with the Chapter 14. 15, Landscaping
Ordinance and Wildlaitd Urban Interface Fire Area
WUIFA) requirements.

At least 50oo of the front ard area shall be

2. Landscape
Requirements
la_ nd_ sc_ ap_ ed ( i. e., nothardsca' oed)

3. Installation of
Landscape
Improvements
Must be installed prior to final occupancy unless it is not practicable. If not installed, the applicant shall post a bond, cash or other security to cover the cost
Ordinance No. 21- 2235

of installation within an 18 month period from
occupancy.

4. Landscape
Maintenance
All such landscape areas shall be properly maintained
in conformance with the requirements of Chapter

14. 15, Landscape Ordinance.

5. Native Trees Should be integrated into the site design to the greatest extent possible.

G. Watercourse Protection

1. Watercourse
and Existing
Riparian
Vegetation
Any watercourse identified in Figure 6- G in the City' s General Plan and its existing riparian vegetation must
be shown on all development plans.

2. Setback
a. Lots < I acre
b. Lots > I acre
The setback shall be measured from the top of bank of
the watercourses or from existing riparian vegetation,
whichever is greater. The setback from riparian
vegetation will be measured from the drip line
perimeter.

All new development, including structures, grading
and clearing, must be set back as follows.
50 feet
100 feet
H. Development Near Prominent Ridgelines

1. New structures
Shall not disrupt a 15% site line from a prominent
ridge as identified in Appendix A. The fifteen percent
site line shall be measured from the top of ridge at the closest point from the structure.

2. Additions to
existing
structures
within the 15'/ o
site line of
prominent
ridgeline
MayShall not further encroach into the site line. For
example, the addition may not add height or bulk
wl" fflch may increase the disruption to the fifteen
percent ridgeline site line.

3. Impractible
Clause
If ( 1) and ( 2) above are not practicable, alternatives may be considered through the exception process,
Ordinance No. 21- 2235

provided that no discretionary exemption process is
allowed for ro' ects seekin a roval under
Government Code Section 65852. 21.

I. Development
on Slopes of >
30o/ 0
4 Hillside Exception required for all grading,
structures and other development > 500 square feet,
except that on lots develoied or created pursuant
to Government Code Sections 64411. 7 and
65852. 21 radin buildin ads for structures and
other develo' oment is limited to a maximum of 500
square feet.
b. If the lots develo ed or created ursuant to
Government Code Sections 64411. 7 and 65852. 21
have no areas with slopes less than 30'/ o that can
accommodate up to two units 800 square foot each,
eradins= and buildine pads for structures is limited
to 800 sauare feet. No other development shall be
permitted on such lots ( e. g. development for flat
J. Trail Linkages
and Lots
Adjoining
Public Open
Spaces Site
Plan
a. Site plan must identify trail linkages as shown in
the General Plan Trail Plan, on and adjacent to the
site.
b. If a trail linl< age is identified across a property being developed, development shall not take place
within that area unless approved througli the
exception process except that on lo_ ts___ de
or created ursuant to Government Code Sections
64411. 7 and 65852. 21, no development mav occur
in an area where a trail linkaee is identified on
the property.
c. For lots adjoining Public Open Spaces,
driveways and buildings shall be located as far as
feasible from the Public Open Space and designed
in a manner to minimize impacts on the Public
Open Space.

K. Views and
Privacy
It is not the responsibility of City Government to
ensure the privacy protection of the building permit
applicant or owners of surrounding properties that
may be affected by the structure under construction.

However, the Director of Community Development
Ordinance No. 21- 2235

may confer with the building permit applicant to
discuss alternate means of preventing privacy
intrusion and nreservine views except that for lots
develo ed or created ursuant to Government
Code Sections 64411. 7 and 65852. 21, ' privacy
protection p_ lantin as reauired ursuant to
Section 19. 28. 120 is re uired for views from the
second story into adioining side or rear yards.

Windows or other open_ in_ e_ s_ i_ n the w_ al!_ with a s__ ide vard setback less than 15 feet or a_ r_ edsetback
less than 25 feet shall have a minimum windowsill
heieht of five feet one inch, or shall have obscure
elass and b_ e ino erable with _ a fixed ane s .

12. Amend Section 19. 40. 060 of the Cupertino Municipal Code to read as follows:

Ordinance No. 21- 2235

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%
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- five- percent floor area ratio, prior to applying the slope adjustment factor, when a portion of the private open space is attributed to the lot area for calculating FAR
c. Average slope of lot Calculated on the developable lot only.

B. Height of Buildings and
Structures
Limited to 30 feet
C. Setbacks
First Floor
Second
Floor
Habitable Third Floor ( or
I
portions of structures
taller than 20 feet)

1. Front- yard
a. Slope S 20% 20 feet Driveway and
garage must be
designed to
enable vehicles
to park off-
street
25 feet 25 feet
b. Slope > 20% 10 feet 25 feet 25 feet

2. Side- yard
a. Interior Side 10 feet 15 feet 20 feet
b. Street Side on Corner Lot 15 feet 15 feet 20 feet
Ordinance No. 21- 2235

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
Ordinance No. 21- 2235

1. Extension of a Legal Non-
conforming Wall Plane for
structures not located within a
prominent ridgeline site line
a. Where a building legally constructed according to existing first floor yard and setback regulations at the time of construction encroaches upon present required first floor setbacks, one encroadnng side of the existing structure may be extended along existing building lines.
b. Only one such extension sliall be permitted for the life of the building.
c. Encroachments into a required yard which are the result of the granting of a variance may not be further extended.
d. Further encroachment into a required setback is not allowed. I. e., a non- conforming setback may not be further reduced.
e. In no case shall any wall plane of a first- story addition be placed closer than three feet to a_ 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 & & & LI LJ kl Jk J I. j & JL k & & 34 k %% 11 inrlnrlino *++: qrhpvl n*+ in rnvrh' rqS as enerators sum um s heatin and ventilation e ui ment Jklk k l- . L & L l lJk L b I- L & & l lk L % aLF & Jk11 % J V Ll / shall be round- mounted and screened from u lic view or under_ mound,_ a_ nd shall meet accessorv_ structure etbacks and adhere to the reauirements of Chapter 10. 48 of the Munici' tial H. Design Standards

1. Building and Roof Forms
a. Natural Contours
Building shall follow as closely as possible the primary natural contour of the lot.

Ordinance No. 21- 2235

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

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

3. Outdoor Lighting All outdoor lighting shall meet the requirements in Chapter 19. 102.

All roaects shall strive to attain exce t that ro' ects ursuant to Government Cod__ e_ Section 65852. 21 shall attain the followine standards:
a. No more than 50oo of the fa ade visible from the ri ht of wa shall com rise the ara e.
b. A two car earaee face shall not exceed 24 feet and a one car A narazpc garage face shall not exceed 12 feet.
a --- 5--
c. Garages visible from the right of way shall be setback a minimum of two feet from the livable areas of the home exce t if onl the ara_ ge_ q_ d/ orth_ e_._ entranc_ e to the home and no other livable portions of the home, are accessible from the street level. d. Third car spaces shall be provided in tandem or shall be provided in a detached accessorv structure.

Ordinance No. 21- 2235

All proiects shall strive to attain, except that proiects pursuant to Government Code Section 65852. 21 shall ttain the followin standards:
a. Onlv one ent_ rneature shall be nermitte_ dner s_ t__ ructure and onl Q ny+' rty Tiza+ tv' poc one entrv feature shall be visible from the public street. y " -""-"
b. Duplexes shall have entrances to each unit on different c. Entrv features shall be limited to 14 feet in height from the natural grade to the top of wall plate.

6. Uncovered/ exte_ rior stair_ cases Not allowed.

I. Geologic and Soils Reports
A geological report prepared by a certified engineering geologist and a soils report prepared by a registered civil engineer qualified in soils mechanics by the State shall be submitted prior to issuance of permits for construction of any building or structure which:
a. Is located on property in an RHS zoning district which has been designated by the General Plan to be within a geological hazard area; and
b. Where an addition, alteration or repair of an existing building or structure include at least one of tlie following:
i. The improvements include increasing the occupancy capacity r' J 4-' l' iz_ arayoll;'> rr ctthh ac aiarl: yrr Q 1' lar4Ynt') fll l" lf 4 1, Applicability
U 1 Ll IC 11 VV C1lp L6 t) Llt_ l l at) aLLLL 11 L25 a Ij ( Al1 IJ(. 111 L IJ 1 J Acc sso D ellin unit, or
ii. The cost of the completed addition, alteration or repairs will, during any period of twelve months, exceed twenty- five percent of the value of tlie existing improvements as
determined by the $§ based on
current per foot value of the proposed structure to the existing structure' s value on a parcel of properff. For the purposes of this section, the value of existing improvements shall be deemed to be the estimated cost to rebuild the improvements in kind, which value shan be determined by the %
Ordinance No. 21- 2235

2. Content of Reports
These reports shall contain, in addition to the requirements of Chapter 16. 12 of this code, the following:
a. AII pertinent data, interpretations and evaluations, based upon the most current professionally recognized soils and geologic data;
b. The significa_ nce of the interpretations and evaluations with respect to the actual development or implementation of the intended land use through identification of any significant geologic problems, critically expaitsive soils or other unstable soil conditions which if not corrected may lead to structural damage or aggravation of these geologic problems both on- and off- site; c. Recommendations for corrective measures deemed necessary to prevent or significantly mitigate potential damages to the proposed project a_ nd adjacent properties or to otherwise insure safe development of the properff;
d. Recommendations for additional investigations that should be made to insure safe development of the property;
e. Any other information deemed appropriate by the City Engineer.

3. Incorporation of
Recommendations
All building and site plans shall incorporate the above- described corrective measures and must be approved by the City Engineer, tmon a third_ i_ nartv ' teerreview of the re orts rovided__ atthe annlicant' s cost, prior to buildine permit issuance.

J. Private Roads and Driveways

1. PavementWidthandDesign
The pavement width and design for a private road or common driveway serving two to five lots and a single- lot driveway shall comply with development standards contained in the Hillside Subdivision Ordinance, Chapter 18. 52 of this code.

2. Reciprocal Ingress/ Egress
Easement and Reciprocal
Maintenance Agreement
The property owner for a lot served by a private road or common driveway shall, prior to issuance of building permits, record an appropriate deed restriction guaranteeing the following, to adjoining property owners who utilize the private road or common driveway for the primary access to their lot( s):
a. Reciprocal ingress/ egress easement, and
b. Participation in a reciprocal maintenance agreement.

Ordinai' ice No. 21- 2235

I
K. Solar Design
I
The setback and height restrictions provided in this chapter may be varied for a structure utilized for passive or active solar purposes, provided that no such structure shall infringe upon solar easements or adjoinii' ig property owners. Variation from the setback or height restrictions of this chapter may be allowed only upon issuance of an Administrative Conditional Use Permit subject to Chapter 19. 12, exce t that lots develo ed ursuant to Government Code Section 65852. 21 shall not be elieible for such a discretionarv permit.

For lots developed pursuant to Government Code Section 65852. 21, unon develonment of the Jot, appropriate public right of way L- Off- street Imorovements
ya _ r-
dedications shall be made to accommodate the medominant width of the street and street improvements shall be installed to the Public Works De artments standards.

M. Short Term Rentals No residential unit created pursuant to Government Code Section Prohibited. 65852, 21 may be rented for a term of _ 30 days or les_ s.

13. Add a new Section 19. 40. 090 of the Cupertino Municipal Code to read as follows:

19. 40. 090 Ministerial Approval of Up to Two Units.

A. Miscellaneous Ministerial Permit Required. The Director of Communi Devel ent shall ministeriall e u to two
residential units on a parcel in an RHS residential hillside zoning district if the proposed housing development meets the requirements of Government Code Section 65852. 21 and complies with all app] icable o " e ' stan o ' ective subdivision standards and
obaective desi n review standards.

B. The of Communi Dev t shall all
o oective standards ob' ective on dards and
objective design review standards in the Municipal Code, Genera. l Plan, any applicable specific plan, and other objective land use specifications that do not conflict with the ' ts of Government Code Section 6585 inclu not limited to the standards for
devel ent aects in Section 19. 40 050 and 19. 40. 060.

C.

Devel
Notwithstanding Paragraph A, the Director of Community
entma den ' d ent ' ect under
Ordinance No. 21- 2235

this Section if the Building Official makes a written finding, based upon a preponderance of the evidence,, that the proposed housing develo ment roiect would have a ecifi adverse im a as defined and determined in Government Code Section 65589. 5( d)( 2), upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse D. A lication and Fees. An lication on a form made available by the City shall be completed by the applicant. The form shall be accompanied by a fee that the City Council may adopt by resolution to sufficientl recover the cost of administerin the re uirements of this section. The application shall be accompanied by all technical reports, plans and information required to make a determination on the ro osed roaect.

E, 0 aective and
Approved Housin54 Development Proiects. In addition to any applicable ezonin standards obaective subdivision standards and
ve design review standards in the Municipal Code, a housing develo ent ' ect ed t to this Section m com I
with all applicable obiective zoning and design standards to the maximumextent ermissible under Government Code Section 65852. 21 including but not limited to the standards for ministerial development proiects in Section 19. 40. 050 and 19. 40. 060 and the following:

1. Basements Not allowed.

2. Balconies Not allowed.
decks or other
similar
structures
3, Desi n a. Windows and doors shall either:

Standards i. Have a minimum three- and- one half inch
in width bv three- auarter inch in depth
trim when motrudine from the wall or
ii. Be inset a minimum of three inches from
the ex erior finish of the structure. If
recessed, the mimarv sidim= material
shall cover the recessed edee faces and
Ordinance No. 21- 2235

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__ enttile decoration;
Ordinance No. 21- 2235

ii medallion decoration:
a metal illeo
ffl ________ achangein 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
ResourcesCode Section 21064. 3.
ii. T__ h_ e_ reis a car share vehicle located within
one bl_ oc_ kof_
b. Parking___ sp_ a_ l be rovided in an
enclosed ara e encom assin 10' b 20'
s ace for each s ace_.

Ordinance No. 21- 2235

c. When additional enclosed parking space( s)
I is/ a_ rovided_, the space( s) shall meet the
I req_ ements of Chapter 19. 124.

F. This Section shall remain in effect until such time as Government Code Section 65852. 21 is re eal3dor su erseded or its requirements for ministerial approval of housing development projects are materially amended, whether by legislation or initiative, or are held to be unenforceable b a court of com etent ' urisdiction, at which time this Section shall become null and void.

G. Any dwelling unit approved pursuant to this Section shall be le for conversi to a cond commuru a artmen or
e An lication for a tative a ' on
map or tentative parcel map for a residential condominium conversion of a unit created t to this on shall be denied the
Department of Community Development.

14. Add a new Section 19. I' l2. 060 of the Cupertino Municipal Code to read as follows:

19. 112. 060 Accessory DwelZing Units Prohibited on Certain Lots.

Notwithstanding Government Code Section 65852. 2 or 65852. 22 or any provision of this Chapter, no accessory dwelling unit or a junior accessory dw ' unit be ' on an lot in ' e- ' residence
district - 1 or RHS if a lot lit been a roved t to Section

18. 12. 70 and one or more residential units has been approved for construction pursuant to Section 19. 28. 150 or 19. 40. 090 ( Government Code Section 65852. 21 .

Section 4. Development standards and other provisions to implement the provisions of Senate Bill 9 allowing for ministerial approval of housing development projects and lot splits in single family residential districts are necessary to protect public health, safety, and welfare of residents of the City of Cupertino. The City Council therefore finds that an interim ordinance adopted pursuant to Government Code Section 65858 is necessary prevent a current and imminent threat to the publig health, safety, and welfare.

Ordinance No. 21- 2235

Section 5. If any portion of this Ordinance or its application is for any reason held to be invaIid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Councilhereby declares thatitwould have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invaIlid, unenforceable or unconstihitional.

Section 6. Under Government Code Sections 66411. 7( n) and 65852. 21( j), an ordinance adopted to implement the requirements of Senate Bill 9 shall not be considered a project under the California Environmental Quality Act (" CEQA"), Public Resources Code Section 21000 et seq. Public Resources Code. The Ordinance is therefore exempt from CEQA.

Section 7. This ordinance is adopted pursuant to Government Code Section 65858 and shall take effect on January 1, 2022.

Introduced and adopted on this 21"' day of December, 2021, at a Regular Meeting of the City Council of the City of Cupertino by the following roll call vote:

Vote
AYES:

NOES:

ABSENT:

ABST AIN:

Members of the City Council
Paul, Chao, Moore, Willey
Wei
None
None
SIGNED:
7/ 2 €) 12_
6arcy Paul, May€
City of Cuperhno
Date
ATTEST:

I As-- =/ /// /' 11_
Ki" rstenSquarcia, Q' t' rClerl< Date
Ordinaiice No. 21- 2235

APPROVBD AS TO FORM:

Christopher D. Jensen, City Attorney Date
Christopher D. Jensen Jan 11, 2022
OrdinanceNo. 21-2235
Final Audit Report 2022-01-11
Created: 2022-01-11
By: Araceli Alejandre ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAApMbtE4zbUgyn8hid38U2Z5oFeMcnxGeN OrdinanceNo. 21-2235" History
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