CC 12-05-2023 Searchable Packet.pdf — Cupertino City Council, December 5, 2023 (part 3 of 4)

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pursuit of meaningful intellectual endeavors. Teachers work with students to build a toolbox for processing uncomfortable feelings, managing perfectionism, and working through conflicts with others. K-3 students are taught and encouraged to use the Zones of Regulation to help them understand and communicate their feelings. As students grow, they develop a deep sense of self, an understanding of community, and navigate the evolving relationships of childhood. They examine and discuss topics such as emotional intelligence, perspective taking, stress management, responsible decision-making, resilience, and the development of a growth mindset. Tessellations’ SEL curriculum is informed by a growing body of research that demonstrates its positive impact on a wide range of outcomes, including academic performance, metacognition, interpersonal relationships, and mental health. Tessellations considers SEL work and a focus on whole-child development to be of utmost importance.

Narrative Reporting: Tessellations does not use a standard grade-based reporting structure.

Instead, we utilize narrative-based reports to give students and their families comprehensive written feedback on the student's performance, strengths, and areas for improvement. This supports students in developing a growth mindset, taking educational risks, and working collaboratively with peers.

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Outdoor Education Program: Once each week, each homeroom goes on a field trip to our Nature Campus for the better part of a full day. They travel to/from the Nature Campus by school vans, which leave around 10:30am and return around 3pm. We lease access to this space from AbilityPath/ViaWest, a non-profit organization whose mission is to serve individuals with disabilities. Connection with and respect for nature is one of our core values at Tessellations. We aim to inspire our students to be comfortable in nature and lifelong stewards of our planet. The beautiful natural space at the Tessellations Nature Campus is the perfect setting for outdoor education, which includes weekly hikes, classes conducted outdoors, science experiments and observation, free play and exploration in nature, and camping trips.

We want our students to develop a long-term relationship with a consistent natural setting, observing the plants and animals across all seasons. Our unique Outdoor Program provides lifelong memories of time spent in nature, such as reading next to a favorite tree or documenting changes in the environment. These experiences will guide our children’s choices long after graduation.

Tessellations Nature Campus is a 13-acre, completely fenced-in outdoor recreation and natural area in the Cupertino foothills. Amenities include: garden, greenhouse, hiking trails, creek, open woods where children can build play-forts with natural materials, cabins and tent camping areas, two swimming pools (one is 3ft for individuals with disabilities), outdoor amphitheater, BBQ pit, playground, and sport court.

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Academic Calendar: Below is a graphic of our yearly calendar for the 2023-2024 school year.

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Daily Schedule: Certain classes (Math, Literacy, and Journey - our Project-Based Learning curriculum), happen daily at Tessellations. Other classes, including explorations Below is a graphic of our generalized daily schedule:

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Below are graphics of our K-3rd, 4th/5th, and 6th-8th schedules, respectively:

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Geographic Demographics: Our community comes from a wide geographic area since our school provides a program that is unique in the Bay Area. The following map shows where our families live:

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Items from the Application Incomplete Letter
PLEASE NOTE: CUSD informed Tessellations that any changes to the buildings and premises at 1170 Yorkshire Drive should be conducted under the approval of CUSD and DSA:

The Division of the State Architect (DSA) provides design and construction oversight for K–12 schools, community colleges, and various other state-owned and state-leased facilities to ensure that they comply with all structural, accessibility, and fire and life safety codes.

CUSD has further stated the following: “All facility and site improvement goes through the District and its approval processes.” They further clarified that this was true due to the ownership of the buildings rather than the use of the buildings.

We are hoping that the City and CUSD are in agreement on this point. Based on the direction from CUSD, Tessellations has been, as directed, strictly following the School District and DSA’s process to date. Please let us know if this is acceptable.

1. Mailing Address
Please confirm the mailing address for Tessellations.

Our mailing address is 1170 Yorkshire Dr, Cupertino, CA 95014.

2. Other Department Comments
Please review and address provided comments from Public Works Department, the Environmental Services Division, and the County Fire Department. Please note that additional comments from the City’s Building Division are pending and will be forwarded to the applicant upon receipt.

To our knowledge, we are not aware of any outstanding comments referenced above. Please confirm that we are not missing anything and please forward them to us if they become available.

3. Environmental Review
Please note that results of the requested reports may necessitate the preparation of an Initial Study, an environmental document to assess the project’s impact under the California Environmental Quality Act. An additional deposit for environmental review may be required depending on the level of environmental review required. Deposit amount will be determined based on an initial estimate from the City’s environmental consultant following further project review.

It is our understanding that there are no action items based on the above at this time. Please let us know if this is incorrect.

4. Permit Requirements
Based on responses to the information requested below and the extent of site improvements proposed, an Architectural and Site Approval Permit may be required. This permit will be

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processed concurrently with this Use Permit and will have an associated permit fee between $14,557 and $21,667.

Referencing the point raised at the beginning of this section, it is current understanding that all renovations, painting, and landscape modifications are required to go through CUSD’s approval process; CUSD has instructed Tessellations that building improvements to CUSD facilities are not governed by the City and must go through CUSD’s established process. Please let us know if this is acceptable.

5. Proposed Site Improvements
Described exterior improvements include re-painting, modification to landscaping, window and door repair/replacement, fence repair, sign replacement, and a new shade structure. These improvements may require Planning permits. Please provide additional details and plans for the proposed improvements. Please also note that pursuant to state law, in addition to Planning permits, the proposed improvements may require a Building Permit from the City of Cupertino. Please coordinate with our Building Division to determine permitting requirements.

They may be contacted at [email protected].

The one significant item we have planned is a new shade structure (40’ x 60’ x 10’), which has been approved by CUSD and DSA. The shade structure is in the back of the campus and not at all viewable from Yorkshire Drive. Please see the attached document ( S1-PLANSET Tessellations ).

6. Proposed Uses
The Use Permit application is for the use of the site for an independent, private K-8 school. The documents provided note that there are several activities and uses being “considered” for the future, including aftercare, a day care, transitional kindergarten, preschool, subletting to other vendors, summer camp, and a 9th grade expansion. These are currently not considered within the scope of the application, are not being reviewed and should not be assumed to be permitted activities on the site. If there is a desire to have uses beyond the independent, private K-8 school, please amend the Use Permit application to include the uses which will be conducted from the site and provide details of each proposed use, including the days and hours of operation, maximum number of students and staff, whether these operations will be open to the public or only existing enrolled students of the K-8 school, proposed programs, types of vendors and service providers being considered, and the location of proposed uses.

Please also identify the number and type of Special Events that are anticipated that the School will host for parents and for fund raising activities. These include events like Book Fairs, Spring

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Socials, Back to School nights, Holiday events, music and theater events etc. Please identify the maximum anticipated attendees, vendors etc.

Scope of Use: We are applying as a PreK-9th school, with a maximum capacity of 300 students and 85 simultaneous staff. We are in the process of applying for a Preschool license, and we hope to open our preschool in January 2024. We are also planning on adding 9th grade in Fall 2024. Note, however, that high school will only be 9th grade on the current campus, and only for one year. In future years, we plan to move the high school to another site, so from then onward the current campus will be PK-8th. We also have an after-school program that runs from the end of class until 6pm on Mon-Thu and 5pm on Fri. This program is only open to our students. We also plan to have summer camp during the summer, which will be open to both our students and the general public.

Outside of regular school hours, we expect no more than 7 larger school-sanctioned events per year on either evenings or weekends. These include: Welcome Picnic (weekend), Back-to-School Night (evening), Winter Festival (evening), Fundraising Gala (evening), Middle School Dance (weekday evening), and Graduation (Friday during the day). These special events would be attended by up to 500 people and would not go past 9:00 pm.

Additionally, there would be numerous smaller events (less than 60 people) that happen throughout the year, including an open house for the neighborhood (weekend 10am-12pm), open houses/workgroups/tours for applying families (9am-10:15am for K-3rd, 10:45am-12pm for 4th-8th, 7pm-8:45pm for 9th), Celebrations of Learning for each homeroom (during the normal school day), musical/theater performances (usually 4pm-5pm on a weekday), parent/guardian conferences (throughout the day spanning specific dates twice/year, plus additional ad hoc as requested by our family population), parent education sessions (usually in the evening from 7pm-8:30pm), and board game days (weekend 1pm-3pm). These special events would not go past 9:00 pm.

We understand that the field is maintained by the City and our lease contemplates our use of the field during school hours (until 4pm), with the ability to rent it out for later afternoons when necessary. We use the field for typical school uses, including recess, PE, games, and sports.

We recently learned that the City would prefer that we rent the field for all times that we would like to use it, so we will work with both the City and CUSD on making that transition.

Included in the maximum staff count of 85, we plan to have various vendors on site to provide services for our students, some as a one-time visit (e.g., a puppet show) and others on a regular basis, including a Social Emotional Learning team (2 people) visit us on Wednesdays for a few hours to work with our various classes and teachers and we have various vendors come in for after-school activities (dance instructor, math competitions coach, volleyball coach, chess coach, parents/guardians chaperoning Lego League, etc.).

7. Total Maximum Number of Students and Staff
Please clarify the maximum number of students that will be on site at one time for all uses

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that are proposed. Please also provide the maximum number of staff, including administrative, janitorial, traffic control etc., that will be on site at one time for all uses that are proposed.

Our maximum student body will be 300 (it is less than 200 at present). The current estimate of the maximum number of students by age is as follows:
● 2023-2024: K-8th: 200, with 18-24 additional preschool joining in January ● 2024-2025: PK: 30; K-8th: 230; 9th: 40
● 2025-2026 onward: PK: 30; K-8th: 270
The maximum number of kids in our after-school program is currently 70. For purposes of this application we would like to consider a number of 125.

The maximum number of kids in our Summer Camp program would be 200.

Maximum number of staff, including teachers, administrative, janitorial, and traffic control is currently 70. With expansion over the next few years that number will increase to 85.

8. Hours of Operation
Please provide the proposed dates and hours of operation for each proposed use including staff arrival times and campus closure times. Please provide specifics regarding events that will take place before or after the proposed hours of operation (i.e.,8:00 a.m. to 6:00 p.m.) or on weekends. Additionally, please indicate how the proposed hours of operation, including school drop off and pick up, have been coordinated with Cupertino Union School District and Fremont Union High School District and any restrictions outlined in your lease agreement.

Hours of Operation: Our normal hours of operation are Monday through Friday from 6:30am to 8pm, with typical school operations occurring between 7:30am and 6:30pm. Classes begin at 8am and end at 3:15pm. See the schedule presented earlier in this document for additional details.

Drop-Off and Pick-Up: Drop-off occurs between 8am and 8:15am on Mon - Fri. Pick-up occurs between 3:15pm and 3:30pm on Mon - Thu and between 12:15pm and 12:30pm on Friday.

Pick-up at Base Camp (our after-school program) happens at various times (when various activities end) through 6pm Mon - Thu and 5pm on Fri. Drop-off and pick-up happen entirely on our premises; we do not utilize the loading zone in the street. Base Camp pick-up happens at the back gate on Yorkshire (see parking, Item #11 below, for more information about the back gate).

Tessellations’ school start / end time of 8:15am / 3:15pm (12:15pm on Fri) was established in collaboration with CUSD officials. CUSD both advised and approved our start/end times. While it is not feasible to have times that have zero conflict with all nearby schools, CUSD agrees that our current solution is appropriate and reasonable. For reference, the nearby schools considered most closely when choosing our times are:

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● Kennedy Middle School (0.7 miles from Tessellations) has a start time of 8am (except for Wed when it is 9:32am) and ends at 3:05pm.
● Lincoln Elementary School (1.2 miles from Tessellations) has a start time of 8:10am and end time of 2:45pm (except on Tue when it is 1:40pm). ● Monta Vista High School (1.4 miles from Tessellations) has a start time of 8:30am and a end time of 3:50pm (except on Wed/Fri when it is 3:05pm).

Most importantly, we have instructed our families to drive in via Rainbow Dr. (as opposed to Bubb Rd.) and provided maps for assistance. Since the vast majority of our families arrive via freeway, this means that we have very little impact (if any) on the traffic flow to nearby schools. While the times chosen are obviously important, this traffic flow distinction has a significantly higher impact.

9. Transportation Study
A transportation study is required to determine if there are any potential transportation-related impacts resulting from the proposed project. The study shall be conducted in accordance with the City’s Transportation Study Guidelines. City staff will generally retain a transportation consultant, paid for by the applicant, to conduct the required transportation study and manage the consultant contract. The consultant contract is executed with the City to avoid any perceived conflicts of interest. Following confirmation of the scope of work outlined above, the City shall provide an estimate of costs for the study. Please note that an administrative fee of 15% of the contract amount applies to all third part contracts executed by the City.

Due to the significantly lower headcount compared to historical average, Tessellations does not expect transportation-related impacts resulting from school operations. However, if time permits, Tessellations is willing to produce the required traffic study to ensure compliance with City requirements.

As visual evidence, we captured THIS VIDEO on 10/6/23 of our drop-off procedure. As you can see (even by fast-forwarding through the video), there is never a time when the cars back up onto Yorkshire. Transparently, there are times when this happens, but it is infrequent now that we have our procedures worked out well.

Below is historical population data for the Regnart Elementary site (source: CUSD):

Regnart Student and Staff Headcounts
Year Students Staff FTEs
2000-01 615 55 37.477
2001-02 605 59 38.726
2002-03 581 53 34.563
2003-04 589 57 36.689
2004-05 632 54 37.814

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2005-06 620 52 35.438
2006-07 605 54 34.376
2007-08 636 58 36.127
2008-09 652 52 40.877
2009-10 608 57 40.877
2010-11 619 50 40.691
2011-12 559 48 37.878
2012-13 547 42 34.064
2013-14 563 48 34.128
2014-15 537 42 34.315
2015-16 531 42 35.189
2016-17 475 49 36.002
2017-18 481 51 36.627
2018-19 452 51 35.852
2019-20 421 50 34.877
2020-21 357 42 31.377
2021-22 309 40 31.377

10. Drop Off and Pick Up Areas
a. Please clarify the linear feet of off- and on-street loading zones.

Our off-street loading zone is 235 linear feet. We do not use public streets for loading.

QUESTION: Is it acceptable for us to also use the yellow bus loading zone for carpool drop-off and pick-up? This provides faster throughput & reduced traffic on Yorkshire Drive for cars that are carrying 3 or more children.
b. Provide documentation of coordination with the Cupertino Union School District for location of the drop off and pick up areas in the right of way.

We are not utilizing any areas in the right of way for drop-off and pick-up.

See question above (10.a).
c. Describe morning drop off operations and activities, including to the extent applicable:
number and age of students dropped off by time window (e.g., 8:00-8:15 a.m.), persons available to assist with drop-off (e.g., staff, parents, students), staff available to manage on-street crossings and traffic in the drop-off zone, and any associated school-operated vehicles (e.g., vans, buses)

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We have 10 stations for cars to stop during drop-off and pick-up, with two extra overflow stations at the front of the line.

For drop-off, cars simply pull in and go forward to the furthest available station. The vast majority of our students (K-8th) arrive this way, although there are some that bike to school, as well as some older children that walk in from various bus or car drop-off points. 5 staff are on hand to supervise children exiting their vehicles and traffic flow issues. We also have a crossing guard at Yorkshire and Folkstone, ensuring that pedestrians and bicyclists are safe, and also facilitating the smooth flow of traffic. We prioritize neighborhood traffic. I.e., we motion neighborhood cars and bikes through that intersection before allowing cars to leave our premises.

For the future, we plan for preschool students and 9th graders to arrive later, so we can repeat the process at that time. The numbers involved (see expected student headcount, Item #7) are significantly lower for this sub-populations, so we do not anticipate any issues. d. Describe afternoon pick up operations and activities, including to the extent applicable:
number and age of students picked up by time window (e.g., 3:00-3:15 p.m.), persons available to assist with pick-up (e.g., staff, parents, students), and any associated school-operated vehicles (e.g., vans, buses).

For pick-up, we utilize multiple systems in order to increase efficiency:
● We utilize an App for parents/guardians called DashPass. DashPass notifies the school when a specific parent/guardian car enters a specific geo-fence location. At this point, the teacher is notified to release the student and they proceed to the pick-up area.

There are also exceptions and processes for allowing one-time pick-up of friends in a given family’s car. We have trained our parent/guardian community to use this app successfully and it provides us with real-time data that is very helpful. We modify the geo-fence and the timing of releases accordingly as we learn our community’s pattern.

Having spoken with the DashPass team, we understand that our operation is in the top 1% efficiency of schools using their system.
● Each parent/guardian car has a placard (or placards) showing the children that are to be picked up in that car.
● We have a traffic monitor watching the cars as they come in. That monitor checks each child off in our internal system (which we developed internally using AirTable) and assigns them a pick-up station. We hold cars in batches of 10 so that they can all pull in at the same time. If there are a couple of cars that are still waiting for children (who may not all come out of class at the same speed) and thus holding up the next batch, then we move them to one of our “overflow” spaces at the front of the line and then move the next full batch in for pick-up.
● We have 7 staff helping with pick-up and traffic flow.

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As happens every year, this process gets much more efficient as everybody gets used to it. On our first day of pick-up the process took 27min. Currently, we have the process down to more like 13min, not including late arrivals.

For the future, we plan for preschool students to leave earlier and our 9th graders to leave later, so we can repeat the process at that time. The numbers involved (see expected student headcount, Item #7) are significantly lower for this sub-populations, so we do not anticipate any issues.
e. What other transportation-related measures would the school or childcare facility take for efficient and safe travel for children, families, and staff during drop off and pick up? Examples include Notification to Parents of School Drop-Off & Pick-Up Management, most efficient routes to enter and exit the neighborhood, Crossing guards (Describe locations), Enforcement Program by School or Childcare staff of School or Childcare Drop-Off & Pick-Up Management, Identification of Responsible Person who maintains Inventory Log of Transportation-Related Complaints, Distribution of Monitoring Reports of the School Drop-Off & Pick-Up Management, Distribution of Multimodal Access Guide to the School, Distribution of Travel Safety Fact Sheets, Transportation Education Workshops. Describe below (e.g., bicycle safety, step up Muni Program, etc.), Coordinated Walking or Biking Program (e.g., Walking School Bus Program), Volunteer Carpooling Program, Shared Parking Agreements with Nearby Parking Facilities, Commuter Benefit Program for Staff.

We utilize all of the following:
● Regular communications and reminders are sent to parent/guardians about following our protocol for drop-off and pick-up, for both efficiency and safety reasons. ● We employ proper staffing during drop-off and pick-up (see above). ● We teach our students about safety protocols during drop-off and pick-up. ● We highly encourage carpooling in our community, and many families are doing this.

Though this changes from day to day, we currently estimate that approximately 50% of our children arrive and leave in a car with more than one child in it. This number is far above Bay Area and national averages (e.g., in San Francisco the number less than 5%). ● We have instructed our families to drive in via Rainbow Dr. (as opposed to Bubb Rd.) and provided maps for assistance. Since the vast majority of our families arrive via freeway, this means that we have very little impact (if any) on the traffic flow to nearby schools. While the times chosen are obviously important, this traffic flow distinction has a significantly higher impact.
● We have a late check-in and early check-out log for all students that need to leave at irregular times.
● Any complaints from our community or the neighborhood are logged by our Director of Operations (Caroline Gupta) and discussed with our Head of School (Grace Stanat). ● We immediately speak with the drivers of any vehicles that are operating in an unsafe manner, either on our premises or along Yorkshire/Folkstone.

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● For staff, we have the ability to shuttle employees from a nearby parking lot where we have permission to park a large number of vehicles (see Item #11 below).

We are also open to further suggestions on this topic since the safety of our community and the neighborhood is a top priority.
f. Please also clarify how drop off and pick up will be monitored to ensure that the neighboring local streets are not impacted by these activities. The current proposal includes a Drop Off and Pick up area along Yorkshire Dr. north of Folkestone Drive. While there are multiple issues that need to be clarified surrounding the proposal as identified above, staff recommends that the applicant contact private schools in neighboring jurisdictions, with successful traffic management plans in considering its own traffic management plan. These include Stratford School, Challenger School, Harker School, Saint Andrews Episcopal School. Please note that while, depending upon the results of the requested transportation study, the proposed to have the drop off in the right-of-way (Yorkshire Drive) may be conditionally permitted, staff strongly encourages a design/proposal where all school drop off/pick up is located on site. Should a drop off/pick up area continue to be proposed in the right-of-way, the project will be conditioned to ensure that, should the drop off/pick up operation pose a traffic or public safety threat, become a public nuisance or otherwise be operating out of compliance, the City, at the recommendation of the Public Works Department, would reserve the right to require the drop off to be relocated on site.

All drop-off and pick-up is now happening onsite. We have studied and observed other schools’ traffic management plans and operations and believe that the processes that we currently follow - as highlighted in the video link - are highly efficient and effective. g. Additionally, the provided project description document indicates that there will be reserved parking spaces for the drivers of kindergarten students to drop off and walk students on to the campus. Please clearly show on plans which spaces will be reserved for this drop off.

We would ideally like to use the spaces along Yorkshire road for this purpose. Please let us know if this is acceptable. Many of our kindergarten students, however, simply utilize the normal drop-off.

11. On-Site Parking
Per Municipal Code Section 19.124.040 R, schools and school offices in the BA zoning district are required to provide parking at a rate of 1 space per employee + 1 space per 56 sq. ft. multipurpose room + 8 visitor spaces + 1 space for every 3 students at senior H.S. or college level. Parking space size can be determined through Table 19.124.040 (B). Please see Municipal Code Section 19.124.040 for additional parking design standards. Please note that parking must be on site. Please clearly indicate where the required parking spaces will be accommodated on site. Please provide a revised site plan that clearly indicates the number of existing and proposed parking spaces. Please label each space and only include those spaces which are of a usable size and not otherwise obstructed or reserved. It appears that some

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spaces are not available due to the placement of a large trash receptacle located within the parking lot and the long term ongoing parking of school shuttle buses on the site. Dependent upon plans for expansion of parking, a street cross section and traffic analysis to assess the potential traffic and parking impacts of the proposed use may be required.

We currently have 70 simultaneous employees and we are applying for the ability to have up to

85. Our multi-purpose room is 3,072 square feet, so by the above requirements, we currently would need 133 parking spaces (70+8+55). When we grow to 85 simultaneous employees, we would need 148 parking spaces (85+8+55). Unfortunately, when we took over at the site there were only 47 parking spaces (of which 4 are ADA), so even if we had zero employees, we are quite short.

After an initial period of using the neighborhood for overflow staff parking, we are now employing all of the following methods in order to fit all staff parking onsite:
● We strongly encourage our staff to carpool. We have published a helpful click-able map that allows them to work together to find carpooling solutions. Currently, 19 of our staff are carpooling (in 7 vehicles).
● Some of our staff (12) are now biking or walking to work (whether from home, a nearby bus stop, or a sanctioned parking lot where they are able to park during the day without issue).
● We have converted the area near the back gate to additional parking. We plan to park 9 (of our 14) school vans there (the rest will be parked off site) and provide an additional 8 spaces for employee vehicles.
● If necessary, we have planned for and will offer a shuttle service from New Life Church, where we still have a lease and parking availability. This facility is 5min away and is our back-up plan for accommodating additional employees in the future if necessary.

As such, our staff parking has zero impact on neighborhood parking.

We have a total of 64 available spaces (47 in our front lot and an additional 17 via our back gate).
● 47 in our front lot (4 of which are ADA spaces)
● 17 inside our back gate (9 for vans and 8 for employees) Thus we have 61 non-ADA spaces.

Below is a rundown of the spaces utilized by our current maximum of 70 simultaneous employees and our school-owned vehicles:
● 37 spaces used by employees that need their own parking space, either because they arrive/leave at odd times or are transporting a child.
● 7 spaces used by 19 employees that carpool.
● 0 (non-ADA) spaces used by 1 employee who utilizes an ADA space.

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● 0 spaces utilized by 12 employees who bike or walk to work. ● 9 spaces utilized by our school vans (5 more will be kept off site).

The above accounts for 53 spaces of our available 61 non-ADA spaces. This leaves a buffer of 8 for visitor parking.

Based on the above, our current employee, van, and visitor parking is handled entirely onsite.

As we grow, we will make sure that stays true, and utilize a shuttle service if/when that becomes necessary.

We would like to ask for an exemption for the requirement of having 55 additional parking spaces for our multi-purpose room. Fortunately, we rarely have large events (see Item #6 above) so we do not need regular parking for those. When we do have them, we will utilize not only the space near the back gate, but we can also convert a larger section of our black top to temporary parking with parking lot ushers. This would not be a good solution for times when children are utilizing that area, but for some of our special events, it will work well.

In the longer term, we would like to create an additional parking lot in frontage area along Yorkshire (currently grass), but obviously this will require multiple levels of approval (TBD: the City, CUSD, DSA). The additional parking will accommodate the future growth of the school and provide plenty of buffer for the above solutions. Until that is approved, we will accommodate any overflow by utilizing our proposed shuttle solution.

QUESTIONS:
● Is it acceptable for us to also use the yellow bus loading zone for carpool drop-off and pick-up? This section is currently not utilized at all. This provides faster throughput & reduced traffic on Yorkshire Drive for cars that are carrying 3 or more children. ● Is it acceptable for us to use the parking along the Yorkshire Drive frontage for visitor parking (deliveries, maintenance vehicles, special vendors, etc)? Having this section of Yorkshire available for visitor parking would be very helpful. At the very least, would it be possible to make the frontage parking NOT subject to local neighborhood permit parking?

12. Parking Improvements
Please coordinate with our Building Division to determine the requirements for improvements per ADA standards within the parking lot.

Currently, we have 47 parking spots in our front lot, 4 of which are ADA. It is our understanding that this ratio is acceptable, but please advise if this is incorrect.

13. Bicycle Parking
Per Municipal Code Section 19.124.040 R, schools and school offices in the BA zoning district are required to provide Class II bicycle parking at a rate of 1 space per 5 students.

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The school site has an existing fenced bicycle parking area which has Class II bicycle parking for an estimated 70 bicycles, which satisfies the 1:5 space to student ratio.

14. Building Square Footages
Please clearly indicate the square footages of each building group shown on the table on page 5 of the project description document. Additionally, please clearly indicate the total amount of multi-purpose space on site.

The graphic below shows the square footage of all buildings/rooms. The multi-purpose room is listed at 3,072 square feet.

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15. Outdoor Projection
Please provide a description of any noise projection devices that may be used at the site and indicate if these are existing or proposed features.

There are no noise projection devices on the site. We use walkie-talkies for this purpose and their volume is very low. Staff hear it on their walkie-talkies and inform the students.

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Project Plan Comments

16. Development Plan Contents
Please provide a plan which indicates the following:
a. The location of buildings improvements;
The building improvements have been cosmetic. We have performed internal and external painting in all the buildings and repaired numerous broken items (hinges, etc.). We have installed whiteboards and projectors in many of the rooms. We replaced aging kitchen equipment in the staff lounge. This was all with CUSD’s knowledge and approval. b. The location of new, replaced, or existing landscape; We have replaced dead grass in numerous areas, specifically the courtyards between the buildings. We have planted small plants along the edges of some of the courtyards. We have replanted much of the existing landscaping with drought tolerant plants (much of it was dead or dying).

The one significant item we have planned is a new shade structure, which has been approved by CUSD and DSA. Please see the attached document ( S1-PLANSET Tessellations ). c. Parking and loading plans (see comment above for more information); See Item #11 for details.
d. North arrow and scale
See the drawing below and the attached document ( S1-PLANSET Tessellations ) for details. e. Complete and labeled existing property lines
The property lines are unchanged from when CUSD occupied the site. If applicable, we can request the most recent site survey from CUSD.
f. Paved areas on site, such as roadways, driveways, and walkways See the drawing below and the attached document ( S1-PLANSET Tessellations ) for details. g. Location of roads, streets, alleys and access points See the drawing below and the attached document ( S1-PLANSET Tessellations ) for details.

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h. Location of proposed signage with proper references to the Plan and Renderings set Our signage is in exactly the same place as the previous CUSD signage, and is also exactly the same size. CUSD has approved our signage. We hope this is sufficient for the purposes of this application.

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i. Location and proposed layout of all new equipment
There is no new equipment aside from things like computers, printers, and art devices (paper cutters, etc.).
j. Driveway aisle dimensions
Driveway aisle dimensions are unchanged from when CUSD occupied the site. k. Existing & proposed trees with species and diameter at breast height (DBH) labeled Our application does not contemplate removing any existing or protected trees at the site. We would need some time to provide a full list of existing trees with species, diameter, and breast height. We’re hoping, given the fact that we are not removing any trees and that we are complying with CUSD’s approvals that we may be exempt from this requirement. l. Location, material, and height of existing or proposed fences We have repaired numerous decaying fences on the property and also removed one fence, all through CUSD’s approval process. See the drawing below for more details.

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Please refer to the graphic below so see where we have made repairs/improvements to the outside of the property. If more detail is required, Tessellations could work with the City to determine what information and format is acceptable.

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17. Materials
Per City Code Section 19.12.080.B.4, indicate on plans the proposed colors and materials to be used on the exterior of the building, as well as on architectural features.

18. Plan Note
Please include the following note on project plans:

NOTE: ANY CHANGES TO THE APPROVED COLORS, MATERIALS, AND EXTERIOR FINISHES

SHALL BE REVIEWED AND APPROVED BY THE CITY OF CUPERTINO PLANNING DIVISION PRIOR TO INSTALLATION/APPLICATION.

Site Improvement Design Comments

19. Signage Requirements
Signage is not being considered as a part of this application. Please note that signage must be consistent with the requirements of Municipal Code Chapter 19.104.

Well noted.

20. Low Impact Development (LID) and Green Building Measures The incorporation of green building aspects to the maximum extent feasible is highly encouraged. Please indicate on plans where any green building features are being implemented and how project design addresses runoff from site.

The scope of this CUP application does not contemplate:
● Extensive renovations where green building features would be implemented ● Modification or addition of new hardscape where runoff from site would need to be addressed

21. Screening
Please note that screening to limit noise, visual impacts from newly installed rooftop HVAC equipment, to reduce glare of lights, and to prevent obnoxious emissions shall be provided when deemed appropriate by the Planning Commission.

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Well noted.

22. Bird-Safe Design
This property is located in a bird sensitive area. Since window replacements are proposed as part of the project, please submit the following items for review and approval by the Planning Division to verify that construction activity complies with the development standards of Cupertino Municipal Code Section 19.102.030 Bird-Safe Development Requirements:
a. Elevation Drawings indicating the bird-safe treatment and how the proposed treatment meets the requirements of Cupertino Municipal Code Section 19.102.030(B) and (D); b. Cross Sections; and
c. Other exhibits (including, but not limited to, window schedule and manufacturing specifications) indicating consideration and incorporation of the regulations in Section

19.102(B), (C), and (D).

Prior to our possession of the property, there were some broken windows that CUSD replaced.

Going forward, we would only replace broken windows within existing window frames.

23. Dark Sky Lighting Compliance
Should the proposal include outdoor lighting improvements/replacement and/or new installation, please provide the following:
a. Site Plan indicating the location of all outdoor lighting fixtures. b. Description of each lighting fixture, that includes, but not limited to, manufacturer’s catalog cuts and drawings (including sections), lamp types, and lumen outputs. c. Project Lighting Plan shall indicate how lighting has been coordinated with any associated landscaping plan to prevent site planning conflicts.
d. Other: Additional documents or information may be requested upon submittal subject to the discretion of the Director of Community Development, or delegated staff, to ensure that the proposed lighting is in compliance with the provisions of Cupertino Municipal Code Chapter

19.102.

This proposal does not include outdoor lighting improvements

24. Existing Trees
Revise plans to include all existing trees on site and any street trees located adjacent to the site. Specify the species of tree (i.e., oak, deodar cedar, apple, orange, etc.) and the trunk diameter in inches, as measured at breast height (i.e., four and a half feet from natural grade).

Please indicate whether the trees will be removed or retained. Note: Removal of Protected Trees on site, as defined by City Code Section 14.18.040, on the subject property requires a Tree Removal Permit to be applied for and approved by the Planning Division. Street Tree removal is processed and managed by the Public Works Division.

Our application does not contemplate removing any existing or protected trees at the site.

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25. Preliminary Landscape Plan
Provide a preliminary landscape plan which outlined the location and square footage of proposed landscape and hardscape required by City Code Section 19.12.080.B.3.

Please see the drawing at the end of Item #16 for details. For the shade structure plans, please see the attached document ( S1-PLANSET Tessellations ) for details.

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CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION N0. 2023-14

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

CUPERTINO RECOMMENDING APPROV AL OF AMENDMENTS TO
CUPERTINO MUNICIPAL CODE CHAPTER 19.76 (TABLE 19.76.030) TO

ALLOW PRIV ATELY OPERATED EDUCATIONAL USES AND PRIVATEL,Y

OPERATED PUBLIC SERVING USES IN THE BA ZONING DISTRICT
The Planning Commission recommends that the City Council:

1. Determine that the Project, as proposed, is categorically exempt from the California Environmental Quality Act ("CEQA") per section 15301 (Existing Facilities) of the CEQA Guidelines because it can be seen that the regulations for use of existing public facilities for private operations, requiring a discretionary use permit, will result in negligible or no expansion of use and it can be seen with certainty that these regulations related to private uses on publicly owned property will have no possibility of a significant effect on the environment; and that none of the exceptions in CEQA Guidelines section 15300.2 apply;

2. Adopt the proposed amendments to the Municipal Code as indicated in Exhibit A PASSED AND ADOPTED at a Regular Meeting of the Planning Commission of the City of Cupertino the 14'day of November, 2023, by the following roll call vote:

AYES:

NOES:

ABST AIN:

ABSENT:

COMMISSIONERS: Lindskog, Mistry, Fung, Madhdhipatla, Scharf COMMISSIONERS: None
COMMISSIONERS: None
COMMISSIONERS: None
ATTEST: APPROVED:

Piu Ghosh
Planning Manager
Steven Scharf
Chair, Planning Commission
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EXHIBIT A

DRAFT ORDINANCE

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

CUPERTINO AMENDING CUPERTINO MUNICIPAL CODE CHAPTER

19.76 (TABLE 19.76.030) TO ALLOW PRIVATELY OPERATED
EDUCATIONAL USES AND PRIV ATELY OPERATED P[JBLIC

SERVING USES IN THE BA ZONING DISTRICT
SECTION I: PROTECT DESCRIPTION
Application No.:

Applicant:

Location:

MCA-2023-003
City of Cupertino
Public Building (BA) Zoned Properties
SECTION II: RECIT AJLS
WHEa-<EAS, Cupertino Municipal Code Chapter 19.76 outlines the requirements for uses proposed in the City's Public Building (BA) zoning district; and WHEREAS, the maintenance and retention of public school sites as educational facilities is considered as being in the public interest; and
WHEREAS, the City has certain General Plan Goals, Policies and Strategies that support the retention of publicly owned properff, it does not have regulations that specifically address the private use of these properties, and that the amendments to Chapter 19.76 will provide a standard to review private operations on publicly owned property; WHEREAS, the Ordinance amends the City's Municipal Code as set forth in Exhibit A to clarify the development standards to be applied to private uses on publicly owned land within BA Zones; and
WHEREAS, the Ordinance is consistent with the City's General Plan and the public health, safety, convenience, and general welfare; and
WHEREAS, adoption of the Ordinance is exempt from CEQA under Guidelines section 15301 because it can be seen that the regulations for use of existing public facilities for private operations, requiring a discretionary use permit, will result in negligible or no expansion of use and it can be seen with certainty that these regulations related to private uses on publicly owned property will have no possibility of a significant effect on the environment; and
WHEREAS, following necessary public notices given as required by the procedural ordinances of the City of Cupertino and the Government Code, the Planning Commission held a public hearing on November 14, 2023 to consider the Ordinance; and 556
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WHEREAS, on November 14, 2023, by Resolution 2023-14, the Planning Commission recommended on a unanimous vote that the City Council adopt the proposed Municipal Code Amendment to clarify development standards in the Public Building (BA) Zones; and
WHEREAS, on December 5, 2023, upon due notice, the City Council has held at least one public hearing to consider the Municipal Code Amendment; and WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Ordinance.

SECTION III
NOW, THEREFORE, BE IT ORDAINED:

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

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

Section 2. The City Council finds the following as set forth by Municipal Code Sections 19.152.020C and 19.152.030D:

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

The proposed amendments have been adopted in accord with the requirements of Title 19, a;nd the proposed amendments to Section 19.76.030 are proposed to achieve interna7 consistency. The amendments are consistent with the Recreatio;n, Parks, a;nd Commu;nib) Servies Element of the Ge;neral Plan, which in Strategy .RPC-2.1.2 states that the Cih) will Zone all public schoo7 sites for public use to allow for the public to use [thel sites, when not in use by schools, through shared arrangemertts. The proposed Ordinance is inte;nded to update the City's conditionally allowed uses in the BA Zone, in accordance with historical practices, as described in the staff report presented to the Pla;tming Commission a;nd Cih) Cou;ncil.

2. The proposed zoning is in compliance with the provisions of the California Environmental Quality Act (CEQA).

The proposed amendment is categorically exempt from the CEQA pursuant to section 15301 (Existing Facilities) of the CEQA Guidelines because it can be seen that the 557
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regulations for use of existing public faci(ities for private operations, requiring a discretionary use permit, wi(( result in neg(igib(e or no expansion of use and it can be seert with certainh) that these regulatio;ns related to private uses 07? publicly owned property will have no possibi(ity of a significant effect 07? tlie environment and none of the exceptions in CEQA Guideli;nes section 15300.2 apply.

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 amendment is not being applied to any specific site. The modifications would be applied to sites in the BA Zone which are currently mai;ntained as pub7icly operated public serving uses. The expansion of a71owed uses to privately operated public serving uses is not expected to result in a substantial change inn operations and therefore, the sites in the BA zone are cort.sidered to be physically suitable for the anticipated uses.

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

The proposed ame;ndment is intended to promote the continued use ofBA zo;ned properties for pub(ic serving uses with flexibi(ify'm operator. The amendment is not expected to resudt'm sig4cant modifications or physica7 changes to these sites which are currently used for public serving uses.

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 amendment is not being applied to any specific site. The modifications would be app(ied to sites in the BA Zone which are currently maintained as publicly operated public serving uses. The expansion of allowed uses to privately operated pub(ic serving uses is not expected to result in a substantial change in operations. The effect of the private operation on the health, safety, peace, moral and general we(fare of persons residing or working in the neighborhood of a site will be revierned when a;n app(ication is made for a specific site.

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

1. Table 19.76.030 in Section 19.76.030 of the Cupertino Municipal Code is hereby amended to read as follows:

Table 19.76.030 - Permitted, Conditional, and Excluded Uses in BA, BQ and T Zones
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(-'Uses"""""""""""-"-'-"'-"---'-'-___ Zoning Districts
I "

BA BQ T
. Buildings and other uses on land owned or utilized by a federal, State, county, or city government or authority, or by a special district created for public purposes under the laws of the State of California are permitted in a BA zone.

P
ff. Privatel o erated educational uses and rivatel
I my_ublic servin uses inclu_din but not limited
I to, dav care and private educational facilities, which, in I the o 'inion of the Director of Communi Develo ment
,LUFI _are_s__imilar__t rmitted uses in_ _the BA zonin district, =rL
I and which do riot-cr-eate simificant adverse imoacts to the I surroundin area.(l) - -
. Rotating homeless shelter provided that the following conditions are met:
a. Shelter is located within an existing church structure; b. The number of occupants does not exceed twenty-five; c. The hours of operation do not exceed six p.m. to seven a.m.;
d. Adequate supervision is provided;
e. Fire safety regulations are met; and
f. Operation period does not exceed two months in any
twelve-month period at any single location.

4. Permanent emergency shelter provided the following
conditions are met:
a. Section 19.76.030(2)(b), (d), (e);
b. A management plan is provided which includes a
detailed operation plan.
c. Shelter is available to any individual or household
regardless of their ability to pay; and
d. Occupancy is limited to six months or less.

5. Public utility companies regulated by the Public Utility Commission for uses restricted to administrative and office buildings, communication equipment buildings, including parking, landscaping and maintenance within an enclosed area or storage yard;
CUP
- PC

6. Religious, civic, and comparable organizations, for uses restricted to church buildings, community halls,
CUP
- PC
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NU-s-es---'-"""'-""'-_ -J-7 _T- T___ _IITT___ T_____' _-_J7TX___ Zoning Districts administrative buildings, schoolrooms, recreational
facilities, and athletic fields, convents, seminaries, and similar uses customarily associated with churches,
including parking and landscaping areas;
[-rehisl1ddec,a.ree,fhaOcislpitylta,IrsesvidOecnahtiOanlacal CUP
- PC
. Lodges, clubs, country clubs, including accessory uses such as swimming pools, picnic areas, golf courses, driving tees or ranges, miniature golf courses (all uses to be restricted to members of the above organizations and their guests);
CUP
- PC
F).-Large-family daycare home;
CUP
- PC

10. Airports, airfields and helicopter terminals, including ad_m__ in_istration and service buildings, maintenance and storage yards;
CUP
- PC

11. Railroads, including terminals and stations, freight yards, marshaling yards, storage yards, administrative and service buildings;
CUP
- PC

12. Bus terminals and stations, including administration and service buildings, maintenance and storage yards;
CUP
- PC

13. Freeways, expressways, and other roads with limited or controlled access, including administrative buildings and maintenance yards.

CUP
- PC
Key:

P - Permitted Use
- - Not Allowed
CUP - Admin. - Conditional Use Permit issued by the Director of Community Development
CUP - PC - Conditional Use Permit issued by the Planning Commission CUP - CC - Conditional Use Permit issued by the City Council Ex - Excluded Uses
(1) Provided such use is conducted on property owned by a federal, State, county, or city government or authority, a special district created for public purposes under the laws of the State of California, or any other governmental agency, and leased for said uses. 560
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Section 4. If any portion of this Ordinance or its application is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.

Section 5. This Ordinance shall take effect and be in force thirty (30) days from and after adoption as provided by Government Code Section 36937.

Section 6. The City Clerk shall certify to the passage and adoption of this Ordinance and shall give notice of its adoption as required by law. Pursuant to Government Code Section 36933, a summary of this Ordinance may be published and posted in lieu of publication and posting of the entire text.

Section 7. The City Council hereby finds that the proposed Ordinance amendments are exempt from environmental review pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines because it can be seen that the regulations for use of existing public facilities for private operations, requiring a discretionary use permit, will result in negligible or no expansion of use and it can be seen with certainty that these regulations related to private uses on publicly owned property will have no possibility of a significant effect on the environment and none of the exceptions in CEQA Guidelines section 15300.2 apply. Therefore, the proposed action is not subject to further review under CEQA. The City Council further directs the Director of Community Development to file a Notice of Exemption with the Santa Clara County Recorder in accordance with CEQA and the CEQA guidelines.

Section 8. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Cupertino Municipal Code, these provisions shall be construed as continuations of those provisions and not as amendments of the earlier provisions.
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INTRODUCED this day of 2023, at a Regular Meeting of the City Council of the City of Cupertino and ENACTED on the day of 2023, at a Regular Meeting of the City Council of the City of Cupertino by the following roll call vote:

AYES:

NOES:

ABST AIN:

ABSENT:

SIGNED:

Hung Wei, Mayor
City of Cupertino
Date
ATTEST:

Kirsten Squarcia, City Clerk Date
APPROVED AS TO FORM:

Christopher Jensen, City Attorney Date
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CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 2023-15

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

CUPERTINO RECOMMENDING APPROVAL OF A CONDITIONAL USE
PERMIT (U-2023-002) TO ALLOW FOR THE USE OF A FORMER PUBLIC

SCHOOL SITE FOR A PRIV ATE EDUCATIONAL FACILITY
LOCATED AT 1170 YORKSHIRE DRIVE
The Planning Commission recommends that the City Council:

1. Determine that the Project, as proposed, is categorically exempt from the California Environmental Quality Act ("CEQA") per section 15301 (Existing Facilities) of the CEQA Guidelines because it can be seen that the use of the existing public school site as a private educational facility, involves only minor physical changes to the site and therefore will result in negligible or no expansion of use; and that none of the exceptions in CEQA Guidelines section 15300.2 apply;

2. Approve the Conditional Use Permit (U-2023-002) as indicated in Exhibit A.

PASSED AND ADOPTED at a Regular Meeting of the Planning Commission of the City of Cupertino the 14'hday of November, 2023, by the following roll call vote:

AYES:

NOES:

ABST AIN:

ABSENT:

COMMISSIONERS: Lindskog, Fung, Mistry, Madhdhipatla
COMMISSIONERS: Sffiarf
COMMISSIONERS: None
COMMISSIONERS: None
APPROVED:

Piu Ghosh
Planning Manager
Steven Scharf
Chair, Planning Commission
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EXHIBIT A

CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION N0. 2023-XX
A RESO[UTION OF THE CITY COUNCIL Or THE CITY OF CUPERTINO APPROVING A CONDITIONAL USE PERMIT (U-2023-002) TO ALLOW FOR

THE USE OF A FORMER PUBLIC SCHOOL SITE FOR A PRIV ATE
EDUCATIONA[ FACILITY LOCATED AT 1170 YORKSHIRE DRIVE
SECTION I: PROJECT DESCRIPTION
Application No.:

Applicant:

Location:

U-2023-002
Grace Stanat on behalf of Tessellations
1170 Yorkshire Drive, APN: 362 08 001
SECTION II: FINDINGS FOR A USE PERMIT:

WHEREAS, the City Council of the City of Cupertino received an application for a Conditional Use Permit (U-2023-002) to consider the use of a former public school site for a private educational facility;
WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of the City of Cupertino, and the City Council has held at least one public hearing in regard to the application; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act of 1970 (Public Resources Code section 21000 et seq.) ("CEQA"), together with the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) (hereinafter, "CEQA Guidelines"), the City staff has independently studied the proposed Project and has determined that the Project is exempt from environmental review pursuant to the categorical exemption in CEQA Guidelines section 15301 for the reasons set forth in the staff report dated December 5, 2023 and incorporated herein; and WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the City Council finds that:
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Resolution No.

Page 3 ends

U-2023-002 December 5 2023

1. The proposed development and/or use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; The schoo7 is an existing facility a;nd only minor improvements are proposed as part of this application to allow for operation as a private school site. Further, the operation of the private school is seert as substantial(y similar to the previous operation as a public schoo7 and is therefore w'dl not be detrimental or injurious to properh) or improvements in the vicinity a;nd wil7 not be detrimental to the public hearth, safety, general welfare, or convemence

2. The proposed development and/or use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan, underlying zoning regulations, and the purpose of this title and complies with the California Environmental Quality Act (CEQA).

The Project, as proposed, wil7 be Located 07? an existing schoo7 site and will operate in a manner that is substantially similar to previous uses at the site. The operation of a private educational facilih) at this property is inn accord with the General Plan and the underlying zoning regulations. The Project is categorically exempt from the Ca7ifor;nia Environmental Qualih) Act ("CEQA") per section 15301 (Existing Facilities) of the CEQA Guidedines, which applies to existing fac'dities that involve negligible or 7?0 expansion of existing or former use.

WHEREAS, the City Council is the approval authority for this project and is granted the authority by the Municipal Code to exercise its independent judgment, based on the record before it, for purposes of the California Environmental Quality Act; and NOW, THEREFORE, BE IT RESOLVED that the City Council takes the following actions:

1. Exercises its independent judgment and determines that the Project is exempt from CEQA pursuant to CEQA Guidelines section 15301. The Class I exemption applies to existing facilities that involve negligible or no expansion of existing or former use. The proposed project includes only minor alterations to the existing school facility. Therefore, the proposed project would not involve the expansion of the former use (Section 15301, Class 1), will not significantly expand the use beyond the current use that already exists or previously existed, and will not have a significant effect on the environment.

2. Approves the application for a Conditional Use Permit, Application no. U-2023- 002 subject to conditions which are enumerated in this Resolution beginning on 565
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Resolution No.

Page 4 ends

U-2023-002 December 5, 2023
PAGE 4 thereof. The conclusions and sub conclusions upon which the findings and conditions specified in this resolution are based, including those contained in the Public Hearing record concerning Application no. U-2023-002 as set forth in the Minutes of City Council Meeting of December 5, 2023, are hereby incorporated by reference as though fully set forth herein.

SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY

DEVELOPMENT DEP ARTMENT

1. APPROVED EXHIBITS
Approva} is based on the plan set entitled and documentation entitled "Regnart Elementary School Fabric Shade Structure" prepared by i Parch Architect, consisting of 8 sheets showing the existing site plan, and "Tessellations Project Description for Cupertino Planning Division" and "Applicant Response # 1 (October 9, 2023)" prepared by Tessellations School staff, consisting of 34 sheets, except as may be amended by conditions in this resolution.

2. ACCURACY OF PROTECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including but not limited to proper'ty boundary locations, building setbacks, properFy size, building square footage, any relevant easements and/or construction records.

Any misrepresentation of any property data may invalidate this approval and may require additional review.

3. CONCURRENT APPROV AL CONDITIONS
The conditions of approval contained in file no. EXC-2023-009 shall be applicable to this approval.

3. EFFECTIVE APPROVAL DATE
This permit shall not be considered valid until the time Ordinance 2023-XX takes effect, modifying the conditionally allowed uses in the BA zoning district.

4. USE APPROV AL
Approval is hereby granted to allow the operation of a private school with the following functions:
* Pre-K through 9'h grade for up to 300 students and 85 staff operating from August to June of each academic year, Monday through Friday, 6:30 a.m. to 4:00 p.m. * An afterschool program hosting up to 125 of the students enrolled in the Pre-K through 9" grade operation, occurring Monday through Friday from 4 p.m. to 6:30 p.m.
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Resolution No.

Page 5 ends

U-2023-002 December 5, 2023
* Up to seven special events annually for up to 500 people, occurring on weekends and weekdays and ending by 9:00 p.m.
* Small, school-related events for up to 60 people, occurring on weekends and weekdays and ending by 9:00 p.m.
* Summer school operations for up to 200 students and 60 staff, operating from June to August of each year, Monday through Friday from 7:00 a.m. to 4:00 p.m.

The actual capacity of children at the facility maybe further restricted based on Fire Department, Building Department, CA Department of Social Services, CA Department of Education or other relevant agencies' requirements. Appropriate licensing/registration from the Community Care Licensing Department and/or other relevant County/State agencies shall be obtained prior to commencement of the operation.

The applicant shall comply with the applicable requirements of the Municipal Code.

The Planning Commission shall review amendments to the project, including modifications to the number of students, number of staff, hours of operation, etc. considered major by the Director of Community Development.

5. USE PERMIT REVIEW/ADDITIONAL RESTRICTIONS
If complaints have been received related to the tenant(s) under this use permit, and the complaints were not addressed immediately by the property owner, then the Planning Commission shall conduct a public hearing on the use permit at which time, the approval for private school operations may be modified or revoked.

6. TITLE 17 COMPLIANCE
Project operation and construction activities shall conform to the applicable requirements of City Code Chapter 17.04.

7. DARK SKY COMPLIANCE AND/OR BIRD SAFE COMPLIANCE
The applicant/property owner shall comply with the development standards of Cupertino Municipal Code Section 19.102.030 (Bird-Safe Development Requirements) and Section 19.102.040 (Outdoor Lighting Requirements). Upon request, the applicant shall provide all documentation required to determine compliance with the Municipal Code.

8. NOTIFICATION OF PERMITS FROM DIVISION OF ST ATE ARCHITECT 567
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Resolution No.

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U-2023-002 December 5, 2023
The applicant shall provide notification of and documentation showing that alterations have been permitted by Division of the State Architect prior to the commencement of construction activities.

9. SPECIAL EVENT RE0UIREMENTS
Special events hosted by the applicant shall be subject to the requirements for special events as outlined in the "Outdoor Sales and Promotional Events Policy" adopted by the City Council on April 21, 1975. The applicant shall apply for and obtain a Special Events Permit for each of the seven special events proposed as part of this permit.

Special Event Permits shall not be required for small, school related events, as described in Condition 5.

Notice of the event shall be made available online at least seven calendar days in advance of the event to inform neighboring property owners of the date, time, size, and activities to be undertaken at the event.

10. PAYMENT OF OUTST ANDING FEES
The applicant shall make payment of any outstanding fees associated with this permit prior to the commencement of permitted activities.

11. REIMBURSEMENT OF ENFORCEMENT COSTS
The property owner shall pay for any additional Sheriff or Code enforcement time resulting from documented incidents related to the private school operation at the City's contracted hourly rate with the Sheriff Department or the Code Enforcement Actual Cost fee, as defined in the City's general fee schedule, at the time of the incident.

12. DROP-OFF AND PICK-UP MANAGEMENT
In order to ensure the safety of children and vehicle movements during the pick-up and drop-off periods, the applicant shall submit a children pick-up and drop-off plan to the City for review and approval prior to commencement of the approved use. Such plan shall delineate the system used for pick-up and drop-off operations, general pedestrian/vehicular safety guidelines for parents, appropriate directional signs/parking lot striping (as needed) and parking lot safety measures to include a traffic safety conductor be presentin the parking lot to monitor and direct all vehicular activities during pick-up and drop-off times.

In the event that the pick-up and drop-off schedule changes, the applicant must submit a revised plan to the City for approval.
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13. ENVIRONMENTAL PROGRAMS CONDITIONS
Prior to commencement of permitted activities, the applicant shall coordinate with the Environmental Programs Division for additional requirements related to stormwater pollutant management and solid waste diversion and management.

14. NOISE CONTROL
Base equipment stations are subject the Community Noise Control Ordinance, Chapter 10.48. Noise levels shall not exceed those as listed in the Community Nosie Control Ordinance, Cupertino Municipal Code Chapter 10.48. If there are documented violations of the Community Noise Control Ordinance, the Director of Community Development has the discretion to require noise attenuation measures to comply with the ordinance.

15. CONSULT ATION WITH OTHER DEP ARTMENTS
The applicant is responsible to consult with other departments and/or agencies with regard to the proposed project for additional conditions and requirements. Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department.

16. INDEMNIFICATION AND LIMIT ATION OF L,IABILITY
As part of the application, to the fullest extent permitted by law, the applicant shall agree to indemnify, defend with the attorneys of the City's choice, and hold harmless the City, its City Council, and its officers, employees, and agents (collectively, the "indemnified parties") from and against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively referred to as "proceeding") brought by a third party against one or more of the indemnified parties or one or more of the indemnified parties and the applicant related to any Ordinance, Resolution, or action approving the project, the related entitlements, environmental review documents, finding or determinations, or any other permit or approval authorized for the project. The indemnification shall include but not be limited to damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys' fees, and other costs, liabilities, and expenses incurred in connection with such proceeding whether incurred by the Applicant, the City, or the parties initiating or bringing such proceeding
The applicant shall agree to (without limitation) reimburse the City its actual attorneys' fees and costs incurred in defense of the litigation. Such attorneys' fees and costs shall include amounts paid to the City's outside counsel and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. The applicant shall 569
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likewise agree to indemnify, defend, and hold harmless the indernnified parties from and against any damages, attorneys' fees, or costs awards, including attorneys' fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded against the indemnified parties. The Applicant shall cooperate with the City to enter a Reimbursement Agreement to govern any such reimbursement.

The Applicant shall agree to (without limitation) reimburse the City for all costs incurred in additional investigation or study of, or for supplementing, redrafting, revising, or amending, any document (such as an Environmental Impact Report, negative declaration, specific plan, or general plan amendment) if made necessary by proceedings challenging the project approvals and related environmental review, if the applicant desires to continue to pursue the project.

The Applicant shall agree that the City shall have no liability to the Applicant for business interruption, punitive, speculative, or consequential damages.

17. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions.

SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS

DEPARTMENT

18. STREET IMPROVEMENTS & DEDICATION
Street dedication and improvements along the project frontage may be required to the satisfaction of the Director of Public Works. Street improvements may include, but not be limited to, remove and repair sidewalk, driveways, curb and gutter, and street tree installations. All improvements must be completed and accepted by the City prior to Building Final Occupancy or Street Improvement Encroachment Permit acceptance whichever comes first.

19. ACCEPT ANCE OF PROPERTY RIGHTS
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The Public Works Director, or his/her designee, shall have the authority to accept all offers of dedications, easements, quitclaims and other property rights and interests on behalf of the City.

20. PEDESTRIAN AND BICYCLE IMPROVEMENTS
Developer shall provide pedestrian and bicycle related improvements (e.g. walkway and bicycle racks, etc.) consistent with the Cupertino Bicycle Transportation Plan and the Pedestrian Transportation Plain, and as approved by the Director of Public Works. All improvements must be completed and accepted by the City prior to Building Final Occupancy or Street Improvement Encroachment Permit acceptance whichever comes first.

21. DRAINAGE
Drainage shall be provided to the satisfaction of the Director of Public Works. Any storm water overflows or surface sheeting should be directed away from neighboring private properties and to the public right of way as much as reasonably possible.

All storm drain inlets shall be clearly marked with the words "No Dumping - Flows to Creek" using permanently affixed metal medallions or equivalent, as approved by the Environmental Programs Division.

22. C.3 RE0UIREMENTS (if required)
C.3 regulated improvements are required for all projects creating and/or replacing 5,000 S.F. or more of impervious surface, collectively over the entire project site. The developer shall reserve a minimum of 4% of developable surface area for the placement of low impact development measures, for storm water treatment, unless an alternative storm water treatment plan, that satisfies C.3 requirements, is approved by the Director of Public Works.

The developer must include the use and maintenance of site design, source control and storm water treatment Best Management Practices (BMPs), which must be designed per approved numeric sizing criteria. A Storm Water Management Plan and a Storm Water Facilities Operation, Maintenance and Easement Agreement, and certification of ongoing operation and maintenance of treatment BMPs are each required.

All storm water management plans are required to obtain certification from a City approved third party reviewer.
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23. DEVELOPMENT FEES & BOND
The project developer shall provide for payment of fees, including but not limited to checking and inspection fees, storm drain fees, transportation impact fees, park dedication fees and fees for under grounding of utilities. Said fees and bond shall be paid prior to issuance of any City of Cupertino permits.

Fees:
a. Checking & Inspection Fees:
b. Storm Drainage Fee:
c. Transportation Impact Fee:
d. Encroachment Permit Fee:
e. Storm Management Plan Fee
(if required)
f. Street Tree Fee:

Bonds:
a. Encroachment Bond:

Per current fee schedule ($1,218)
Per current fee schedule ($4,671 per AC)
Per current fee schedule: ($6,862 per new
PM trips generated)
Per current fee schedule ($647)
Per current fee schedule ($1,789)
By Developer or Per current fee schedule:
$515 per tree
100% of Off-site Improvements
The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be modified at the time of recordation of a final map or issuance of a building permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule.

24. TRASH, RECYCLING AND COMPOST ENCLOSURES
Trash enclosure plans must be designed in accordance with the City's "Public Works Guidelines posted at www.cupertino.org/nowaste, and to the satisfaction of the Environmental Programs Manager. Clearance by the Public Works Department is required prior to issuance of any City of Cupertino permits. (CMC 9.18.210 H & K)

25. UNDERGROUND UTIL,ITIES
Developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. Developer shall submit detailed plans showing utility 572
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underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the Director of Public Works.

26. TRANSFORMERS & CABINETS
Electrical transformers, telephone cabinets and similar equipment shall be placed in underground vaults. The developer must receive written approval from both the Public Works Department and the Community Development Department prior to installation of any above ground equipment. Should above ground equipment be permitted by the City, equipment and enclosures shall be screened with fencing and landscaping such that said equipment is not visible from public street areas, as determined by the Community Development Department. Transformers shall not be located in the front or side building setback area.

27. WATER BACKFLOW PREVENTERS
Domestic and Fire Water Backflow preventers and similar above ground equipment shall be placed away from the public right of way and site driveways to a location approved by the Cupertino Planning Department, Santa Clara County Fire Department and the water company.

28. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in grading and street improvement plans.

29. EROSION CONTROL PLAN
Developer must provide an approved erosion control plan by a Registered Civil Engineer. This plan should include all erosion control measures used to retain materials on site. Erosion control notes shall be stated on the plans.

30. WORK SCHEDULE
Every 6 months, the developer shall submit a work schedule to the City to show the timetable for all grading/erosion control work in conjunction with this project.

31. TRAFFIC CONTROL PLAN
The developer must submit a traffic control plan by a Registered Traffic Engineer to be approved by the City. The plan shall include a temporary traffic control plan for work in the right of way as well as a routing plan for all vehicles used during construction. All traffic control signs must be reviewed and approved by the City prior to commencement of work. The City has adopted Manual on Uniform Traffic 573
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Control Devices (MUTCD) standards for all signage and striping work throughout the City.

32. STREET TREES
Street trees shall be planted within the Public Right of Way to the satisfaction of the Director of Public Works and shall be of a type approved by the City in accordance with Ordinance No. 125.

33. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.

34. SANTA CLARA COUNTY FIRE DEPARTMENT
A letter of clearance for the project shall be obtained from the Santa Clara County Fire Department prior to issuance of any City of Cupertino permits. Clearance should include written approval of the location of any proposed Fire Backflow Preventers, Fire Department Connections and Fire Hydrants (typically Backflow Preventers should be Iocated on private property adjacent to the public right of way, and fire department connections must be located within 100' of a Fire Hydrant).

35. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as needed.

36. SAN JOSE WATER SERVICE COMP ANY CLEARANCE
Provide San Jose Water Service Company approval for water connection, service capability and location and layout of water lines and backflow preventers before issuance of any City of Cupertino permits.

37. DEDICATION OF UNDERGROUND WATER RIGHTS
Developer shall "quit claim" to the City all rights to pump, take or otherwise extract water from the in"iderground basin or any underground strata in the Santa Clara Valley.

38. SANIT ARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to issuance of any City of Cupertino permits. 574
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INTRODUCED this day of , 2023, at a Regular Meeting of the City Council of the City of Cupertino and ENACTED on the day of 2023, at a Regular Meeting of the City Council of the City of Cupertino by the following roll call vote:

AYES:

NOES:

ABST AIN:

ABSENT:

SIGNED:

Hung Wei, Mayor
City of Cupertino
Date
ATTEST:

Kirsten Squarcia, City Clerk Date
APPROVED AS TO FORM:

Christopher Jensen, City Attorney Date
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CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 2023-16

OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO

RECOMMENDING APPROVAL OF A PARKING EXCEPTION TO ALLOW OFF-SITE PARKING AND A NON-CONFORMING ON-SITE PARKING LOT, LOCATED AT 1170

YORKSHIRE DRIVE
The Planning Commission recommends that the City Council:

1. Determine that the Project, as proposed, is categorically exempt from the California Environmental Quality Act ("CEQA") per section 15301 (Existing Facilities) of the CEQA Guidelines because it can be seen that the use of the existing public school site as a private educational facility, involves only minor physical changes to the site and therefore will result in negligible or no expansion of use; and that none of the exceptions in CBQA Guidelines section 15300.2 apply;

2. Approve the Parking Exception (EXC-2023-009) as indicated in Exhibit A PASSED AND ADOPTED at a Regular Meeting of the Planning Commission of the City of Cupertino the 14' day of November, 2023, by the following roll call vote:

AYES:

NOES:

ABST AIN:

ABSENT:

COMMISSIONERS: Lindskog, Mistry, Fung, Madhdhipatla
COMMISSIONERS: Sdiarf
COMMISSIONERS: None
COMMISSIONERS: None
ATTES'I': APPROVED:

Piu Ghosh
Planning Manager
Steven Scharf
Chair, Planning Commission
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EXHIBIT A

CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION N0. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO

APPROVING A PARKING EXCEPTION TO ALLOW OFF-SITE PARKING AND A NON-CONFORMING ON-SITE PARKING LOT DESIGN, LOCATBD AT 1170

YORKSHIRE DRIVE
SECTION I: PROJECT DESCRIPTION
Application No.: EXC-2023-009
Applicant: Grace Stanat on behalf of Tessellations
Location: 1170 Yorkshire Drive, APN: 362 08 001
SECTION II: FINDINGS FOR A PARKING EXCEPTION:

WHEREAS, the City Council of the City of Cupertino received an application for a Parking Exception as described in Section I. of this Resolution; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act of 1970 (Public Resources Code section 21000 et seq.) ("CEQA"), together with the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) (hereinafter, "CEQA Guidelines"), the City staff has independently studied the proposed Project and has determined that the Project is exempt from environmental review pursuant to the categorical exemption in CEQA Guidelines section 'I53m for the reasons set forth in the staff report dated December 5, 2023 and incorporated herein; and
WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of the City of Cupertino, and the City Council has held at least one public hearing in regard to the application; and
WHEREAS, the applicant has met the burden of proof required to support said application; and WHEREAS, the City Council finds as follows with regard to this application:
a) The literal enforcement of this chapter will result in restrictions inconsistent with the spirit and intent of this chapter;
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EXHIBIT A
parking spaces 07? site, the existing public schoo7 site has a total of 47 parking spaces ava'dable, resulting in a deficit of 101 staL(s in the proposed parking supply. However, Mrmicipal Code Chapter

19.124 provides for alternative parking considerations through the exception process. The applicant has proposed the use of an off-site parking lot for staff parking and shuttling of stafffrom the off-site parking Lot to the site. This off-site location would accommodate an additional 81 par7cing spaces.

Additionally, the applicant has proposed 20 alternative parking spaces 07?- ite which would accommodate he tota7 required mtmber of parking spaces. Applying the standard requirements for on-site parking and co;nforming parking stall a;nd aisle sizes 072 this property would result in a site that is significantly developed with parking and would remove va(uable open space. The development would be detrimental to the peace and enjoyme;nt of neighbori;ng property owners or residents and would therefore be inconsistent with the stated intent of Chapter 19.124. b) The granting of the exception will not be injurious to property or improvements in the area nor be detrimental to the public safety, health and welfare; Given that the project is consistent with the Genera7 Plan and Zon'mg Ordinances and has been desigrted to be compatible with and respectful of adjoining la;nd uses, the project wil7 not be detrimenta7 or injurious to properft) or improvements in the vicinih), and will not be detrimenta7 to the pub7ic health, safety, general welfare, or convenie;nce
c) The exception to be granted is one that will require the least modification and the minimum variance to accomplish the purpose;
See Sectio;n A above.
d) The proposed exception will not result in significant impacts to neighboring properties; Givert that the project proposes the minimum supply required by the Municipa7 Code and there are traffic management measures proposed by the applicant and i;ncluded in the conditions of approval, the proposed exception is not anticipated to restdt in sigrtificant parking impacts to neighboring properties.

1. Exercises its independent judgment and determines that the Project is exempt from CEQA pursuant to CEQA Guidelines section 15301. The Class 1 exemption applies to existing facilities that involve negligible or no expansion of existing or former use. The proposed project includes only minor alterations to the existing school facility.

Therefore, the proposed project would not involve the expansion of the former use (Section 15301, Class 1), will not significantly expand the use beyond the current use 579
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EXHIBIT A
that already exists or previously existed, and will not have a significant effect on the environment.

2. Approves the application for a Parking Exception, Application no. EXC-2023-009 subject to conditions which are enumerated in this Resolution beginning on PAGE 3 thereof. The conclusions and sub-conclusions upon which the findings and conditions specified in this resolution are based, including those contained in the Public Hearing record concerning Application No. EXC-2023-009 as set forth in the Minutes of City Council Meeting of December 5, 2023, are hereby incorporated by reference as though fully set forth herein.

SECTION III: CONDITIONS ADMINISTERED BY THE COMM[JNITY DEVELOPMENT DEPT.

1. APPROVED EXHIBITS
Approval is based on the plan set entitled and documentation entitled "Regnart Elementary School Fabric Shade Structure" prepared by i Parch Architect, consisting of 8 sheets showing the existing site plan, and "Tessellations Project Description for Cupertino Planiffng Division" and "Applicant Response # I (October 9, 2023)" prepared by TesselIations School staff, consisting of 34 sheets, except as may be amended by conditions in this resolution.

2. ACCURACY OF PROTECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review.

3. CONCURRENT APPROV AL CONDITIONS
The conditions of approval contained in file no. U-2023-002 shall be applicable to this approval.

4. PARKING EXCEPTION APPROV AL AND PROJECT AMENDMENTS
Parking Exception approval is granted to allow for the use of an off-site parking lot and shuttle system and an alternative on-site parking lot design to accommodate 20 parking spaces. The Director of Community Development may approve minor modifications to the locations of the tandem and regular stalls, and the quantity of regular stalls, provided it does not reduce stalls below the approved parking ratio.

The Planning Commission shall review modifications considered major by the Director of Community Development.

5. AUTO PARKING RATIO
Code.
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EXHIBIT A

6. TOT AL AV AILABLE PARKING
A reduction in the total number of required parking spaces is not approved with this project.

The applicant shall provide adequate off-site parking at the location specified at 20900 McClellan Road. In the event, operations at 20900 McClellan Road cease or relocate and the applicant would like to accommodate parking elsewhere, the applicant has the following options with the approval of a Director's Minor Modification:
a) Modify the business plan to reduce required parking to allow the cars to be parked on site, to be approved by the Director of Community Development; or b) Modify the location of the offsite parking lot, to be approved by the Director of Community Development; or
c) Demonstrate to the City that the parking of cars on site does not affect the parking requirements for the operations via a parking study by an independent traffic/parking consultant, the be reviewed and approved by the Director of Community Development.

7. COORDINATION WITH DEPARTMENTS FOR PARKING IMPROVEMENTS Any expansion of parking on site shall require review and approval by the property owner, Division of the State Architect Department of Community Development, the Public Works Department, and the Santa Clara County Fire Department. Plans shall be submitted prior to commencement of approved use.

8. TANDEM PARKING STALL MANAGEMENT
Tandem parking stalls shall be reserved for employee use only. Employee vehicles shall be moved when necessary in order to allow employees to leave when their shift is over. The plan shall take into account the start and end times of employees' shifts in order to minimize the amount of vehicle re-parking that needs to occur.

9. TRANSPORTATION DEMAND MEASURES (TDM)
The Director of Community Development has the ability to require additional transportation demand measures (TDM) to address any future parking concerns. Examples of TDM may include, but are not limited to:
a. Valet service
b. Off-site parking
c. Carpool or vanpool services
d. Additional onsite parking
e. Transit improvements
f. Non-motorized improvements
g. Shift peak-shared parking
h. Guaranteed ride home
s. Taxi service
]. Pricing
k. Increased shuttle service
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EXHIBIT A

10. BICYCLE PARKING
The applicant shall provide bicycle parking and bike racks for the proposed project in accordance with the City's Parking Regulations under Chapter 19.124 of the Cupertino Municipal Code.

11. PAYMENT OF OUTST ANDING FEES
The applicant shall make payment of any outstanding fees associated with this permit prior to the commencement of permitted activities.

12. CONSULT ATION WITH OTHER DEP ARTMENTS
The applicant is responsible to consult with other departments and/or agencies with regard to the proposed project for additional conditions and requirements. Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department.

13. INDEMNIFICATION AND LIMIT ATION OF LIABILITY
As part of the application, to the fullest extent permitted by law, the applicant shall agree to indemnify, defend with the attorneys of the City's choice, and hold harmless the City, its City Council, and its officers, employees, and agents (collectively, the "indemnified parties") from and against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively referred to as "proceeding") brought by a third party against one or more of the indemnified parties or one or more of the indemnified parties and the applicant related to any Ordinance, Resolution, or action approving the project, the related entitlements, environmental review documents, finding or determinations, or any other permit or approval authorized for the project. The indemnification shall include but not be limited to damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys' fees, and other costs, liabilities, and expenses incurred in connection with such proceeding whether incurred by the Applicant, the City, or the parties initiating or bringing such proceeding The applicant shall agree to (without limitation) reimburse the City its actual attorneys' fees and costs incurred in defense of the litigation. Such attorneys' fees and costs shall include amounts paid to the City's outside counsel and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. The applicant shall likewise agree to indemnify, defend, and hold harmless the indemnified parties from and against any damages, attorneys' fees, or costs awards, including attorneys' fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded against the indemnified parties. The Applicant shall cooperate with the City to enter a Reimbursement Agreement to govern any such reimbursement.

EXHIBIT A
or general plan amendment) if made necessary by proceedings challenging the project approvals and related environmental review, if the applicant desires to continue to pursue the project.

The Applicant shall agree that the City shall have no liability to the Applicant for business interruption, punitive, speculative, or consequential damages.

14. NOTICE OF FEES, DEDICATIONS, RESERV ATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions.

INTRODUCED this day of 2023, at a Regular Meeting of the City Council of the City of Cupertino and ENACTED on the day of 2023, at a Regular Meeting of the City Council of the City of Cupertino by the following roll call vote:

AYES:

NOES:

ABST AIN:

ABSENT:

SIGNED:

Hung Wei, Mayor
City of Cupertino
Date
ATTEST:

Kirsten Squarcia, City Clerk Date
APPROVED AS TO FORM:
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EXHIBIT A
Christopher Jensen, City Attorney Date
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CITY OF CUPERTINO
Agenda Item
23-12580 Agenda Date: 12/5/2023
Agenda #: 11.

Subject: Proposed amendments to Municipal Code Chapter 19.12, Chapter 19.28 and Chapter 19.112 regarding Two-Story Permit and Accessory Dwelling Unit (ADU) laws. (Application No. MCA-2023- 002; Applicant: City of Cupertino; Location: City-wide) That the City Council conduct the public hearing and conduct the first reading of Ordinance No. 23‐2254: "An Ordinance of The City Council of the City of Cupertino to amend Municipal Code Chapter 19.12, Chapter 19.28 and Chapter 19.112 Regarding Two‐Story Permit and Accessory Dwelling Unit (ADU) Laws" (Attachment A) to amend the following:
a. Chapter 19.12, Administration, and
b. Chapter 19.28 Single‐Family Residential (R‐1) Zones. c. Chapter 19.112, Accessory Dwelling Units (ADU)
Presenter: Gian Martire, Senior Planner
CITY OF CUPERTINO Page 1 of 1 Printed on 11/29/2023
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CITY COUNCIL STAFF REPORT
Meeting: December 5, 2023
Subject
Proposed amendments to Municipal Code Chapter 19.12, Chapter 19.28 and Chapter

19.112 regarding Two-Story Permit and Accessory Dwelling Unit (ADU) laws. (Application No. MCA-2023-002; Applicant: City of Cupertino; Location: City-wide) Recommended Action
That the City Council conduct the public hearing and conduct the first reading of Ordinance No. 23-_____ (Attachments A &B) to amend the following:
a. Chapter 19.12, Administration, and
b. Chapter 19.28 Single-Family Residential (R-1) Zones. c. Chapter 19.112, Accessory Dwelling Units (ADU)
Discussion
Background
Two Story Permit Process
The Community Development Department conducts periodic assessments of the City’s development review processes and requirements. To ensure the most efficiency with current permit review processes that is consistent with the neighborhood development trends, staff proposes to remove the discretionary review of the Two-Story Permit. This Planning entitlement is required when a two-story addition or new two-story home is proposed in an R1 zoning district. Of the 768 Planning permit applications that have been received since November 2021, 98 were Two-Story Permit applications1, the most of any codified permitting2 process. Eliminating this process has the potential to streamline the sometimes-cumbersome permitting process, saving residents time and money to upgrade

1 39 Two-story permits have been received in 2023.
2 The Planning Division took in 295 Preliminary Review applications during this time.

However, this is not a codified process. Therefore, a Municipal Code amendment is not required to eliminate or modify it.
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their homes. All applications for new two-story residences or additions to existing singlefamily residences will remain subject to the approval of a building permit, which will be reviewed by Planning staff for compliance with codified development standards, such as building setbacks and height, but the discretionary Two-Story Permit that precedes building permit approval will be eliminated. Minor Residential Permits3, as well as Residential Design Review Permits,
4 are proposed to remain.

Accessory Dwelling Units
Chapter 19.112, Accessory Dwelling Units is intended to implement the State’s Accessory Dwelling Unit (ADU) requirements, which furthers the City’s own affordable housing goals by providing additional housing in all zoning districts where single-family homes and multi-family residences are allowed in a manner which minimizes adverse impacts.

This Chapter has been modified several times since 2016 to keep current with the State of California’s various Assembly and Senate Bills affecting ADU production.

Based on recent changes in state law, the City’s ADU ordinance is out of date and in some instances unenforceable. Staff recommends adopting the following revisions to Chapter

19.112 to be in full compliance with state laws.

The amendments proposed have been identified with strikethroughs and underlines (as appropriate) in Attachment A.

Planning Commission Recommendation
The Planning Commission convened at a regular scheduled hearing on November 14, 2023, to consider the proposed Municipal Code Amendments. The Planning Commission recommended (5-0) that City Council adopt the proposed amendments to the Municipal Code as indicated in Exhibit A Planning Commission Resolution No. 2023-

3 Minor Residential Permits are required for one-story single-family encroachment into a required rear yard setback, one-story extension of an existing side yard nonconforming building wall line, new or expanded second story deck or balcony with views into neighboring residential side or rear yards, and one or two-story additions or new homes 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%.
4 Residential Design Review is required when a 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 where second story side yard setback(s) are less than 15 feet to any interior side property line. 587
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17 (Attachment C), with the following modifications:
 Modify 19.28.110(A)(5) to read:

A maximum of three ADUs per single-family lot in any combination of the following, subject to the underlying zoning standards for lot coverage, floor area, open space, and setback:
a. No More than one attached ADU
b. No More than one conversion of existing space ADU (whether in principal dwelling unit or existing accessory structure), c. No More than one detached ADU, or
d. No More than one Junior ADU
The Planning Commission’s recommended modifications have been incorporated into the Draft Ordinance (Attachments A & B).

Analysis
Chapter 19.12, Administration
The Two-Story permit is removed from Table 19.12.030, as well as describing any sort of site noticing requirements required for the Two-Story Permit and detailed in 19.12.110 Noticing.

Chapter 19.28, Single-Family Residential (R-1) Zones
The Two-Story permit is removed from Table 19.28.040. However, all prescriptive standards applied to Two-Story homes, including but not limited to, setbacks, Floor Area Ratio, height, privacy protection, and parking remain in effect. New two-story homes or expanded second story additions will be ministerially approved if Minor Residential Permits and/or Design Review Permits are not triggered.

In Section 19.28.110 Single-Family Residential Design Guidelines and Principles, many of the formerly discretionary design standards have been made mandatory for all single-family homes by, for instance, replacing the word “should” with the word “shall”. Many of 588
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these design standards have been implemented over the years as non-discretionary by staff. These include:
 Eliminating three-car wide curb cuts.
 Ensuring no more than fifty percent of the front elevation of a house shall consist of garage area, unless the lot is not wide enough to accommodate standard.  Ensuring Usable Living area shall be closer to the street, while garages should be set back more.
 Ensuring Mechanical, heating, or cooling equipment or associated piping installed on the roof shall be screened from the public right of way. o Staff recommended exception would apply to homes in the Eichler (R1-e) zoned neighborhood (Fairgrove).
 Porches shall appear proportionately greater in width than in height.

Two-Story Permit Findings have been removed from 19.28.140 Findings.

Chapter 19.112, Accessory Dwelling Units
To reflect the amendments to Government Code section 65852.2, Chapter 19.112, Accessory Dwelling Units, is proposed to be updated to ensure consistency with State Law, as well as clarifying impact fees charged on Accessory Dwelling Units (ADU) greater than 750 square feet in floor area.

Streamlined ADUs
Streamlined ADUs are defined as accessory units within a single-family development that are attached or detached and under 800 square feet, or a conversion of space within the principal dwelling unit or accessory structures, and internal conversions and detached structures within multi-family developments. Updates include:
 A maximum of three ADUs per single-family lot in any combination of the following:
o One attached ADU (under 800 square feet)
o One conversion of existing space ADU (whether in principal dwelling unit or existing accessory structure),
o One detached ADU (under 800 square feet), or
o One Junior ADU
 Allowance for heights of 18 feet for a detached ADU and 25 feet if it’s attached to a principal dwelling unit.
 Allowance for a second story on attached or detached ADUs.

Non-Streamlined ADUs
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Non-Streamlined ADUs do not meet the requirements for approval under Government Code section 65852.2(e)(1). Updates to develop standards for non-streamlined ADUs include:
 A maximum of three ADUs per single-family lot in any combination of the following, subject to the underlying zoning standards for lot coverage, floor area, open space, and setback:
o No more than one attached ADU
o No more than one conversion of existing space ADU (whether in principal dwelling unit or existing accessory structure),
o No more than one detached ADU, or
o No more than one Junior ADU
 Allowance for heights of 18 feet for a detached ADU, and 25 feet if it’s attached to a principal dwelling unit.
 Allowance for second story on attached or detached ADU.

Staff has further strengthened language in this section that would not allow more than three (3) ADUs as well as clarifying that streamlined ADU standards cannot be combined with non-streamlined standards to create more than three (3) ADUs on a single-family site.

Public Noticing & Outreach
The following noticing has been conducted for this project:

Notice of Public Hearing, Site
Notice & Legal Ad
Agenda
 Display ad placed in newspaper
(at least 10 days prior to hearing)
 Posted on the City's official notice
bulletin board (five days prior to hearing)
 Posted on the City of Cupertino’s Web
site (five days prior to hearing)
Public Comments
Please refer to Attachment E for public comments.

Next Steps
If Council approves the introduction of the ordinance, a second reading would be scheduled for the next regular meeting of the City Council.

Fiscal Impacts
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As Two-Story Permits are no longer required, the City will no longer receive the fee payments from those applications. However, the ordinance would result in savings of staff time required to process two-story applications.

Sustainability Impacts
No Sustainability impacts.

California Environmental Quality Act
This Ordinance is not a project under the requirements of the California Quality Act of 1970, together with related State CEQA Guidelines (collectively, “CEQA”) because it has no potential for resulting in physical change in the environment, either directly or ultimately, or alternatively, is exempt from CEQA under CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment.

The proposed ordinance is further exempt from CEQA under Public Resources Code section 21080.17, which provides a statutory CEQA exemption to ADU ordinances adopted to implement Government Code section 65852.2.

Prepared by: Gian Paolo Martire, Senior Planner
Reviewed by: Luke Connolly, Assistant Director of Community Development Benjamin Fu, Director of Community Development
Approved for Submission by: Pamela Wu, City Manager

ATTACHMENTS
A. Draft Ordinance No. 23-_______(clean)
B. Draft Ordinance No. 23-_______(redline)
C. Planning Commission Resolution No. 2023-17
D. Gov. Code Sections 65852.2 and 65852.22
E. Public Comment
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ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO TO AMEND MUNICIPAL CODE CHAPTER 19.12, CHAPTER 19.28 AND CHAPTER

19.112 REGARDING TWO‐STORY PERMIT AND ACCESSORY DWELLING UNIT (ADU) LAWS
The City Council of the City of Cupertino finds that:

1. An assessment of the City’s development review processes and requirements revealed that out of the 768 Planning permit applications that have been received since November of 2021, the City has taken in 98 Two‐Story Permit applications, the most of any codified permitting process. To improve efficiency, staff proposes to eliminate the discretionary Two‐Story Permit requirement, with the intended result to streamline the permitting process and save residents time and money when upgrading their homes.

2. State Law changes have rendered the City’s Accessory Dwelling Unit ordinance (CMC

19.112) obsolete and unenforceable.

3. The City Council of the City of Cupertino held a duly noticed public hearing on December 5, 2023, and after considering all testimony and written materials provided in connection with that hearing introduced this ordinance and waived the reading thereof.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:

SECTION 1. Adoption.

The Cupertino Municipal Code is further amended as set forth in Attachment A.

SECTION 2: Severability and Continuity.

The City Council declares that each section, sub‐section, paragraph, sub‐paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub‐section, paragraph, sub‐paragraph, sentence, clause and phrase of this ordinance. If any section, sub‐section, paragraph, sub‐paragraph, sentence, clause or phrase of this ordinance is held invalid, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of such portion, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Cupertino Municipal Code, these 592
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provisions shall be construed as continuations of those provisions and not as an amendment to or readoption of the earlier provisions.

SECTION 3: Effective Date.

This Ordinance shall take effect thirty days after adoption as provided by Government Code Section 36937.

SECTION 4: Publication.

The City Clerk shall give notice of adoption of this Ordinance as required by law.

Pursuant to Government Code Section 36933, a summary of this Ordinance may be prepared by the City Clerk and published in lieu of publication of the entire text. The City Clerk shall post in the office of the City Clerk a certified copy of the full text of the Ordinance listing the names of the City Council members voting for and against the ordinance.

INTRODUCED at a regular meeting of the Cupertino City Council on December 5, 2023 and ENACTED at a regular meeting of the Cupertino City Council on December 19, 2023 by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:
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ABSTAIN
SIGNED:

Hung Wei, Mayor
City of Cupertino
Date
ATTEST:

Kirsten Squarcia, City Clerk Date
APPROVED AS TO FORM:

Christopher D. Jensen, City Attorney Date
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Ordinance No.

Page 6 ends

ATTACHMENT A ‐ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO TO AMEND MUNICIPAL CODE CHAPTER 19.12, CHAPTER 19.28 AND CHAPTER 19.112 REGARDING TWO‐STORY PERMIT AND ACCESSORY

DWELLING UNIT (ADU) LAWS

1. Amendments to Title 19 concerning the Two‐Story Permit

19.12.030 Approval Authority.

Table 19.12.030 shows the approval authority, Noticing Radius, Expiration Date and Extension Dates for different types of Permits.

Attachment A‐ Page 6
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Table 19.12.030 - Approval Authority
Type of Permit or Decision A, B
Administrative
Review
Arts and
Culture
Commission
Planning
Commission City Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing/ Noticing
Radius D
Posted
Site
Notice
Expirati
on
Date E
Chapter/ Findings
General Plan Amendment
Major F - R F PH CA. Govt. Code
65350-
65362
Yes - CA. Govt. Code
65350-
Minor G - R F PH Yes - 65362
Zoning Map Amendments
Major F - R F PH CA. Govt. Code
65853-
65857
Yes - 19.152.020
Minor G - R F PH Yes -
Zoning Text Amendments - R F PH
CA. Govt. Code
65853-
65857 - -

19.152.030
Specific Plans - R F PH
CA. Govt. Code
65350-
65362 - -

20.04.030
Development Agreements - R F PH CA. Govt. Code
65867 Yes - 19.144.120
Development Permits
Major F, H - F/R A1/F PM

19.12.110/300'
Yes 2 years

19.156.050
Minor G F A1 A2 PM Yes 2 years
Conditional Use Permits
Major F, H, I F A1/F/R A1/ A2/F PH CA. Govt. Code
65905
Yes 2 years

19.156.050
Minor G, I F A1/F/R A1/ A2/F PH Yes 2 years
Temporary F A1 A2 - None No 1 year None/ 19.160.030
Density Bonus (Residential) R F
Based on
concurrent
application

19.56 Adult-Oriented Commercial Activity (CUP) R F PH CA. Govt. Code 65905/300' Yes 2 years

19.128.030 &

19.128.040
Architectural and Site Approval
Major J F A1 A2 PM

19.12.110/
Yes 2 years

19.168.030
Minor K F A1 A2 PM Yes 2 years
Amendment
Major F, H - F A1 Varies L Yes 2 years 19.44,
Attachment A – Page 4
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Ordinance No.

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19.144,

19.156,

19.164
Minor Modification F A1 A2 - None No 2 years 19.164
Hillside Exception/ Height Exception/ Heart
of the City Exception I
- F A1 PH 19.12.110/300' Yes 2 years

19.40.080,

19.24.070,

19.136.090
Variance F A1 A2 PH CA. Govt. Code
65905 Yes 2 years 19.156.060
Status of non- conforming Use - F A1 PH 19.12.110/300' Yes - 19.140.110 Wireless Antennas I
F
F/ A1 A2 Varies I
Depends on
application type Yes 2 years 19.136.090
Signs
Permits F A1 A2 - None No 1 year 19.104
Neon, Reader board & Freeway Oriented
Signs I
F - F/A1 A1/A2 PM 19.12.110/300’ No 1 year 19.104
Programs F A1 A2 - None No 1 year

19.104
Exceptions I
-
- F A1 PM 19.12.110/
Adjacent Yes 1 year 19.104.290
Parking Exceptions I FM - F/A1 A1
/A2 Varies M

19.12.110/
Adjacent/ 300’ N Yes 1 year 19.124.050
Fence Exceptions
F - A1 A2 L PM 19.12.110/
Adjacent Yes 1 year 19.48.060
Front Yard Interpretation F A1 A2 PM 19.12.110/
Adjacent Yes 1 year 19.08
R-1 Ordinance Permits
Minor Residential F A1 A2 CP 19.12.110/
Adjacent
No 1 year 19.28.140
Exceptions I
- - F A1 PM Yes 1 year
Miscellaneous Ministerial Permit F - - None Adjacent Yes 1 Year 19.28.150 and

19.40.090
Miscellaneous Ministerial Permit Not Allowed
Attachment A‐ Page 5
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Ordinance No.

Page 6 ends

Table 19.12.030 - Approval Authority
Type of Permit or Decision A, B
Administrative
Review
Arts and
Culture
Commission
Planning
Commission City Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing/ Noticing
Radius D
Posted
Site
Notice
Expirati
on
Date E
Chapter/ Findings
Protected Trees
Tree Removal F A1 A2 CP Adjacent unless
exempt Yes 1 year 14.18.180
Heritage Tree Designation & Removal - F A1 PM 19.12.110/ 300' Yes - 14.18
Tree Management Plan F A1 A2 - None No - 14.18
Retroactive Tree Removal F A1 A2 - None No - 14.18
Reasonable Accommodation F A1 A2 - None No 1 year 19.52.050 Extensions O
Parking, Fence & Sign Exceptions & Front
Yard Interpretations F A1 A2 - None No 1 year
Neon, Reader board & Freeway Oriented
Signs F A1 A2 - None No 1 year
Two Story Permits, Minor Residential
Permits and Exceptions F A1 A2 - None No 1 year
Tree Removals F A1 A2 - - No 1 year
All other projects F A1 A2 -

19.12.110/
None No 2 years
Miscellaneous Ministerial Permit Not Allowed
Public Art Architectural and Site Approval Permits
Public Art
- F - A1 PM None None None 2.80 and 19.148
Art in lieu payment
- R - F PM None None None 2.80 and 19.148
KEY:

R—Review and recommendation body F—Final decision-making body unless appealed A1—Appeal Body on first appeal A2—Appeal body on second appeal PH—Public Hearing PM—Public Meeting
CP—Comment Period
Attachment A‐ Page 6
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Notes:

A. Permits can be processed concurrently with other applications, at the discretion of the Director of Community Development.

B. Projects with combined applications shall be processed at the highest level of approval in conformance with Section 19.04.090.

C. Public Hearing: Projects types that need noticing pursuant to the CA Government Code; Public Meeting: Project types that need only a mailed notice and no newspaper notices; Comment Period: Project types that need only a mailed notice and do not need a public hearing or public meeting.

D. Noticing Radius of an application in a combined application shall correspond to the maximum noticing radius required for any one of the applications.

E. Expiration date of an application in a combined application shall correspond to the maximum expiration date allowed for any one of the development applications (not including Subdivision Map Act applications, General Plan Amendments and Zoning Map or Text Amendments.)
F. Major General Plan Amendment, Conditional Use Permit, Development Permit application ‐ for more than ten thousand square feet of commercial and/or industrial and/or office and/or other non‐residential use, or greater than six residential units.

G. Minor General Plan Amendment, Conditional Use Permit, Development Permit application ‐ for ten thousand square feet or less of commercial and/or industrial and/or office and/or other non‐residential use, or six or less residential units.

H. City Council review for applications with new development greater than fifty thousand square feet of commercial, and/or greater than one hundred thousand square feet of industrial and/or office and/or other non‐residential use, and/or greater than fifty residential units.

Planning Commission review for all other applications.

I. Please see specific zoning district regulations or chapters in this title that apply to the subject property or project for approval authority.

J. Major Architectural and Site Approval application ‐ architectural and site approval for all projects that are not a Minor Architectural and Site Approval application.

Attachment A – Page 7
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K. Minor Architectural and Site Approval application ‐ single family home in a planned development zoning district, minor building architectural modifications, landscaping, signs and lighting for new development, redevelopment or modification in such zones where review is required and minor modifications of duplex and multi‐ family buildings.

L. Meeting type and noticing are dependent on the underlying permit being modified.

M. Parking Exceptions approved by the Director of Community Development need a comment period.

N. Parking Exceptions in Single‐family residential (R1) zones and Duplex (R2) zones need adjacent noticing.

All other Parking Exceptions need notices within three hundred feet of the exterior boundary of the subject property.

O. Application must be filed prior to expiration date of permit. Permit is extended until decision of the Approval Body on the extension.

19.12.110 Noticing.

A. Notice of Public Hearing: Noticing shall be provided in the following mannerfor applications that need a public hearing:

1. Notice of hearing shall be given by publication once in a local newspaper of general circulation not less than
ten days priorto the date of the hearing as provided in Section 65090 of the California Government Code;

2. The City shall mail written notice by first class mail to:
a. Each owner of record of real property within the noticing radius per Section 19.12.030 of the exterior boundary of the property for which the application is made as the owner of record is shown in the last tax assessment roll pursuant to Section 65091 of the California Government Code;
b. Owner(s) of subject site or his or her authorized agent c. Project applicant(s)
d. Local agencies expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the proposed project;
e. Any individual or entity that has filed a written request with the City Clerk requesting notification of
public hearings.

3. If the number of owners to whom notice would be mailed or delivered pursuant to subsection A2 above is greaterthan one thousand, in lieu of mailed or delivered notice, the Director may provide published notice as provided in Government Code Section 65091(3). 601 CC 12-05-2023
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4. The notice shall contain the following:
a. The exact address of the property, if known, orthe location of the property, if the exact address is not known;
b. The date on which action on the application will be taken; c. A brief description, the content of which shall be in the sole discretion of the City, of the proposed project;
d. Reference to the application on file for particulars; e. A statement that any interested person, or agent thereof, may contact the city for additional information and/or plan.

Typographical and/or publishing errors shall not invalidate the notice nor any City action related to the notice.

B. Notice of Public Hearing for Zoning Text Amendments:

1. For amendments to zoning regulations: Notice of such hearing (publication) shall be given in the manner prescribed in Section 19.12.110 A(1) of this chapter.

2. For amendments to permitted uses of real property: Notice (mailing or publication) shall be given pursuant to Sections 19.12.110 A(2) or A(3), as the case may be.

C. Notice of Public Meeting: For projects requiring notice of a public meeting, notice shall be mailed in accord with 19.12.110A(2) or A(3), as the case may be, at least ten days prior to the date of the meeting date.

D. Notice of Comment Period: For projects requiring notice of a comment period, notice shall be mailed in accord
with 19.12.110A(2) and A(5), fourteen calendar days prior to the date of action on the application.

1. For permits issued pursuant to Chapter 19.28, Single Family Residential, the mailed notice shall include a copy of the site plan and elevation plans of the proposed project.

2. For permits issued pursuant to Chapter 14.18, Protected Trees, the mailed notice shall include a copy of the site plan and tree replacement/mitigation plan.

E. The City may also give notice of public hearings/public meetings in any other manner it deems necessary or desirable. If the Director of Community Development believes the project may have impacts beyond the range of the mailed notice, particularly on nearby residential areas, the Director, in his or her discretion, may expand noticing beyond the stated requirements in Section

19.12.030.

Compliance with the procedures set forth in this section shall constitute a good‐faith effort to provide notice, and the failure to provide notice, and the failure of any to receive notice, shall not prevent the City from proceeding with a hearing, meeting or from taking any action nor affect the validity of any action.

F. Posted Site Notice:

1. Applicants shall install notice(s) on the subject site that is/are clearly visible and legible from the right‐of‐way in accord with the requirements of Table 19.12.030. a. Applicants must install a site notice in the front yard of the subject site. b. For all applications other than Residential Design Review, Miscellaneous Ministerial Permits, and Tree Removal applications in R1 or R2 zones, if the 602
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subject site has more than one property line abutting a street, the applicant may be required to install more than one notice.

2. The notice shall be a weatherproof sign, firmly attached to 5 foot tall posts and:
a. For 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, orthe 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 forthe 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 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.

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.

19.28.040 Permits Required for Development.

Table 19.28.040 sets forth the planning permits required for development in the Single‐ Family Residential district.

Table 19.28.040 Permits Required
Planning permit
required prior to
building permit
Type of Project Approval
Authority
application
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A. None Single‐family projects that do not require
exception or variance from the requirements of this Admin.

B. Minor Residential
Permit, pursuant to

1. One‐story encroachment into a required rear yard
setback, subject to requirements of Section

19.28.070
Admin 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
Chapter 19.12,
Administration

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 no such structure
shall infringe upon solar easements or adjoining
property owners

6. One or two‐story addition or new home on a
sloped single‐family residential lot with
development on building pads/graded areas with
actual slopes equal to or greater than 20% and
with total floor area ratio of all structures on the
lot greater than 35%
C. Director’s Minor
Modification, pursuant
to Chapter 19.12,
Administration
Encroachment of porch elements into the required
front yard setback in the R1‐a zone, subject to the
requirements of Section 19.28.100
Admin
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D. Residential Design
Review, pursuant to
Chapter 19.12,
Administration
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
Admin. with
design review
Two‐story addition, new two‐story home, and/or
second story deck in the R1‐a zone
PC
E. Exception,
pursuant to
Chapter 19.12,
Administration &
Section 19.28.130,
Exceptions
One or two‐story project requesting an exception
from Sections 19.28.070 [Development Regulations
(Building)],

19.28.080 [Eichler R1‐e Building Design
Requirements], and/or 19.28.110 [Landscape
Requirements].

PC
F. Hillside Exception,
pursuant to Chapter

19.12,
Administration
Development (area greater than 500 square feet) on
slopes greater than 30%
G. Architectural and
Site Approval,
pursuant to Chapter

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
H. Conditional Use
Permit, pursuant to
Chapter 19.12,
Administration
Two‐story addition or new two‐story home in an R1
zoning district with an “i” suffix
I. Single‐Story Overlay
District Application,
pursuant to Chapter

19.12, Administration
Establishment orremoval of a Single‐Story Overlay
District in a Single-Family Residential District
(Addition or removal of the “I” suffix in an R1
zoning district)
CC
J. Miscellaneous
Ministerial Permit

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, ortwo‐story
addition in an R1 zoning district pursuant to
Government Code Section 65852.21
Admin

19.28.110 Single‐Family Residential Design Guidelines and Principles.

Any new single‐family residential house or addition to an existing house shall be generally consistent with the adopted single‐family residential guidelines in Sections 19.28.110(A) and (B). 605
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A. Single‐Family Residential Design Guidelines for all projects.1, 2

1. There shall not be a three‐car wide driveway curb cut.

2. No more than fifty percent of the front elevation of a house shall consist of garage area, unless the lot is not wide enough to accommodate.
a. In the R1‐a zone, the maximum width of a garage on the front elevation shall be twenty‐ five feet, which will accommodate a two‐car garage. Additional garage spaces shall only be provided through the use of a tandem garage or a detached accessory structure at the rear of the property.2

3. Usable Living area shall be closer to the street, while garages should be set back more.

4. All roofs shall have at least a one‐foot overhang.

5. Mechanical, heating, or cooling equipment or associated piping installed on the roof shall be screened from the public right away, except in R1-e zones where roof top equipment is not allowed.

6. Porches are encouraged.
a. In the R1‐a zone, the following porch design guidelines apply2:
i. When viewed from the street, a porch shall appear proportionately greater in width than in height. A porch differs from an entry element, which has a proportionately greater height than its width.
ii. Structural supports shall be designed such that the appearance is not obtrusive or massive.
iii. The use of large columns or pillars is discouraged. iv. The eave height for a front porch shall not be significantly taller than the eave height of typical single‐story elements in the neighborhood.
v. Porch elements shall have detailing that emphasizes the base and caps for posts and fence elements.

7. In R1‐6e and R1‐a zones, entry features shall not be higher than fourteen feet from natural grade to plate.2

19.28.140 Findings.

Sections 19.28.140(A), (B), (C), (D), and (E) set forth the findings required for a Minor Residential Permit, Two‐ Story Permit, Residential Design Review, and R‐1 Exception approval.

A. Minor Residential Permit Findings.
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1. The project is consistent with the Cupertino General Plan, any applicable specific plans, zoning ordinances and the purposes of this title.

2. The granting of the permit will not result in a condition that is detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety or welfare.

3. The proposed project is harmonious in scale and design with the general neighborhood.

4. Adverse visual impacts on adjoining properties have been reasonably mitigated.

B. Residential Design Review Findings.

1. The project is consistent with the Cupertino General Plan, any applicable specific plans, zoning ordinance and the purposes of this title.

3. The project is harmonious in scale and design with the general neighborhood.

4. The project is consistent with the two‐story design principles and generally consistent with the single‐ family residential design guidelines.

5. Adverse visual impacts on adjoining properties have been reasonably mitigated.

C. Residential Design Review Findings, R1‐a zone.

1. The project is consistent with the Cupertino General Plan and Title 19 of the Cupertino Municipal Code.

2. The granting of this permit will notresult in detrimental orinjurious conditions to the property or improvements in the vicinity, or to the public health, safety, or welfare. 607
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3. The project is generally compatible with the established pattern of building forms, building materials, and designs of homes in the neighborhood.

4. The project is generally compatible with the Cityʹs single‐family residential design guidelines and the guidelines in this chapter and any inconsistencies have been found to not result in impacts on neighbors.

5. Significant adverse visual and privacy impacts as viewed from adjoining properties have been mitigated to the maximum extent possible.

D. R‐1 Exception Findings.

1. The literal enforcement of this chapter will result in restrictions inconsistent with the spirit and intent of this chapter.

2. The proposed development will not be injurious to property or improvements in the area, nor be detrimental to the public safety, health and welfare.

3. The exception to be granted is one that will require the least modification of the prescribed design regulation and the minimum variance that will accomplish the purpose.

4. The proposed exception will not result in significant visual impact as viewed from abutting properties.

2. Amendments to Title 19 concerning Accessory Dwelling Units

19.112.010 Purpose; Incorporation by Reference; Consistency with State Law.

The purpose of this chapter is to promote the goal of affordable housing within the City through provision of additional housing in certain residential, agricultural residential, and mixed‐use zoning districts in a manner which minimizes adverse impacts of accessory dwelling units on neighborhoods. Unless otherwise defined in this Title, all terms used in this Chapter shall be defined and interpreted in accordance with Government Code Sections 65852.2 and 65852.22. In the event of a conflict between this Chapter and the requirements of State law, the requirements of State law, including the requirements of Government Code Sections 65852.2 and 65852.22, shall prevail.

19.112.020 Accessory Dwelling Unit Regulations.

Notwithstanding any provision of this title to the contrary:

1. Accessory dwelling units are permitted on lots within any residential or mixed‐use residential zoning district. The lot must have an existing single family dwelling unit or if zoned multi‐family or mixed use residential, at least one residential unit. If the lot is vacant, an accessory dwelling unit may only be proposed in conjunction with the development of at least one residential unit. Notwithstanding the underlying zoning, an accessory dwelling Attachment A‐ Page 15
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unit developed pursuant to this chapter does not cause the lot upon which it is located to exceed its maximum the allowable density on the lot.

2. Accessory dwelling units must comply with the site development regulations and guideline specified in those zoning districts for dwelling units, including but not limited to: lot coverage; floor area ratio; height; setbacks; landscape; the regulations contained in this chapter; Chapter 19.100, Accessory Structures/Buildings; and Chapter 19.124, Parking; except as those standards are modified by this chapter.

3. No impact fees, as defined in Government Code Section 65852.2(f)(3)(B), shall be imposed on any accessory dwelling unit or junior accessory dwelling unit with a gross floor area of less than 750 square feet. Impact fees imposed on accessory dwelling units greater than or equal to 750 feet shall be charged proportionally in relation to the square footage of the primary dwelling unit in compliance with Government Code Section 65852.2(f)(3)(A).

4. Accessory dwelling units are permitted on lots within any residential or mixed‐use residential zoning district. The lot must have an existing single family dwelling unit or if zoned multi‐family or mixed use residential, at least one residential unit. If the lot is vacant, an accessory dwelling unit may only be proposed in conjunction with the development of at least one residential unit. Notwithstanding the underlying zoning, an accessory dwelling unit developed pursuant to this chapter does not cause the lot upon which it is located to exceed its maximum the allowable density on the lot.

5. Accessory dwelling units must comply with the site development regulations and guideline specified in those zoning districts for dwelling units, including but not limited to: lot coverage; floor area ratio; height; setbacks; landscape; the regulations contained in this chapter; Chapter 19.100, Accessory Structures/Buildings; and Chapter 19.124, Parking; except as those standards are modified by this chapter.

19.112.030 Site Development Regulations for Streamlined Accessory Dwelling Units & Junior Accessory Dwelling Units.

Pursuant to California Government Code Section 65852.2(e), the City shall approve the following streamlined accessory dwelling units if the specified development standards and use restrictions are met, as identified in:

A. Table 19.112.030A for single‐family residential uses and B. Table 19.112.030B for multi‐family residential uses.

Attachment A‐ Page 16
Table 19.112.030A: Site Development Regulations for Streamlined Accessory Dwelling Units and Junior Accessory Dwelling Units Associated with Single‐Family Residential Uses 609
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Conversion of space within principal
dwelling unit or accessory structures
New Construction Attached or
Detached Accessory Dwelling
Unit ≤ 800 s.f.

1. Size of living space, exclusive of decks
a. Minimum
size
150 s.f.
b. Maximum
size
No size limitation as long as the unit:
i. Is wholly within the space of a proposed
or existing single‐family dwelling or the
existing space of an accessory structure,
and
ii. Does not require either:
• An addition of more than 150 square
feet to an existing accessory structure to
accommodate ingress and egress only, or
• Any addition to an existing single‐
family dwelling unit.
800 s.f.

2. Number of
Units
Maximum three ADUs per lot in any combination of the following:
 One attached ADU,
 One conversion of existing space ADU (whether in principal dwelling unit or existing accessory structure),
 One detached ADU, or
 One Junior ADU

3. Setbacks Per the underlying zoning district
except that if the existing structures do
not meet these standards, the side and
rear setbacks shall be sufficient for fire
safety and life safety.
a. At least four feet from the
rear and side lot lines.
a. An applicant alternately may
elect to follow the setback
standards for accessory
structures in
Chapter 19.100.

Attachment A‐ Page 17
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1 An additional two feet in height is permitted to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.

Attachment A‐ Page 18

4. Height The conversion shall not change the height
of the existing structure.
a. 18 feet for detached ADU
b. If accessory dwelling unit
attached to principal
dwelling, 25 feet or the
height limitations applicable
to the principal dwelling,
whichever is lower.
c. An applicant alternatively
may elect to follow the
height standards for
accessory structures in
Chapter 19.100.

5. Second‐story
accessory
dwelling unit
Allowed if the unit is a conversion of
existing second story portion of the
principal dwelling unit.

Allowed

6. Parking for
accessory
dwelling unit
None

7. Direct outside
access
Independent outdoor access must be provided without going through the principal dwelling unit.

8. Separation
from principal
dwelling unit
The conversion must result in an
independent unit. With the exception of a
JADU that has a shared bathroom with the
principal dwelling unit, no interior doors or
other connections between the units are
permitted.

Detached from principal dwelling
unit
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Attachment A‐ Page 19
Table 19.112.030B: Site Development Regulations for Streamlined Accessory Dwelling Units Associated with Existing Multi‐Family Residential Uses
Conversion of interior space within
multifamily dwelling structures
New Construction Detached
Accessory Dwelling Unit

1. Location Conversion of space within existing
dwelling structures that is not used as
livable space (e.g. existing units) including,
but not limited to, storage rooms, boiler
rooms, passageways, attics, basements, or
garages, as long as the unit meets building
standards for dwellings.

Detached from the multi‐family
dwelling structure(s)

2. Number of
Units
The greater of:
 25 percent of the existing number of
primary dwelling units, or
 One accessory dwelling unit.

No more than two units

3. Minimum Size 150 s.f.

4. Maximum Size No size limitation 1,200 s.f.

5. Setbacks The accessory dwelling unit shall not
increase the size of the existing structure.
a. Located at least four feet
from the side and rear lot
lines.
b. An applicant alternately may
elect to follow the setback
and height standards for
accessory structures in
Chapter 19.100.

6. Height The accessory dwelling unit shall not
increase the size of the existing structure.
a. 18 feet; or
b. An applicant alternatively
may elect to follow the
setback and height standards
for accessory structures in
Chapter 19.100.
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7. Separation
from principal
dwelling units
The conversion must result in an
independent unit. No interior doors or
other connections between the units are
permitted.

Detached from principal dwelling
units.

19.112.040 Site Development Regulations for Non‐Streamlined Accessory Dwelling Units.

A. This section shall govern applications for ADUs and JADUs that do not qualify for approval under Section 19.112.030 or Government Code section 65852.2(e)(1) and for which the city may impose local standards pursuant to Government Code section 65852.2, subdivisions (a) through (d). Nothing in this section shall be interpreted to prohibit an ADU of up to 800 square feet, at the heights stated in Section 19.112.030(A) and .030(B), with a four‐foot side and rear setbacks.

B. The Development Standards for units governed by this section are provided in Section 19.112.040.

Table 19.112.040: Site Development Regulations for Non‐Streamlined Accessory Dwelling Units Created by New Construction and/or Additions to the Principal Dwelling Unit Attached >800s.f. Detached > 800 s.f.

A. Number of
Units
A maximum of three ADUs per single-family lot in any combination of the following, subject to the underlying zoning standards for lot coverage, floor area, open space, and setback:
o No more than one attached ADU
o No more than one conversion of existing space ADU (whether in principal dwelling unit or existing accessory structure), o No more than one detached ADU, or
o No more than one Junior ADU
Nothing in this Section shall permit the development of more than three ADUs or Junior ADUs on any single-family lot. Non-streamlined ADU provisions cannot be combined with streamlined provisions to add more than a total of three ADUs.

B. Size of living space, exclusive of decks

1. Minimum
size
150 s.f.
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2. Maximum size a. Studios/one‐bedroom unit – 850 s.f.; two or more‐bedroom unit – 1,000 s.f.; and
b. Attached accessory dwelling units shall not exceed 50% of the existing primary dwelling
c. Application of lot coverage, floor area, and open space standards:
i. Maximum size for units ≤ 800 s.f. shall not be limited by lot coverage, floor area ratio, and open space requirements per the underlying zoning.
ii. Maximum size for units > 800 s.f. are limited by lot coverage, floor area ratio, and open space requirements per the underlying zoning.

These standards shall apply to the gross floor area of the unit proposed. Notwithstanding application of these standards, an 800 s.f. detached accessory dwelling unit is permitted pursuant to Table

19.112.030A or an 800 s.f. attached accessory dwelling unit is permitted.

C. Setbacks Per the underlying zoning district,
except the required side and rear
setbacks are modified to four feet.

The proposed structure must comply
with the setback standards for
accessory structures in Chapter

19.100, except the street side setbacks
are modified to four feet.

D. Height 25 feet or the height limitations
applicable to the principal dwelling,
whichever is lower.

The proposed structure must comply
with the height standards for
accessory structures in Chapter

19.100, except that a maximum height
of 18 feet is allowed.

E. Second‐story
accessory
dwelling units
Allowed
F. Parking

1. Parking for
accessory
dwelling unit
One additional off‐street parking space shall be provided, if the principal dwelling unit has less than the minimum off‐street parking spaces for the applicable residential zoning district in which it is located, as required in Chapter 19.124 unless the accessory dwelling unit meets one of the following requirements:
a. Located within one‐half (1/2) mile of a public transit stop; or b. Located within one block of a car share vehicle pick‐up location; or
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district; or
d. The occupant of the unit is not allowed/offered a required on‐street parking permit; or
e. Is part of the proposed or existing primary residence or an accessory structure.

2. Replacement
parking spaces
for existing
covered,
uncovered or
enclosed parking
spaces
converted to an
accessory
dwelling unit
No replacement parking spaces are required.

G. Direct outside
access
Independent outdoor access must be provided without going through the principal dwelling unit.

H. Screening from
public street
All access to accessory dwelling units shall be on a different wall plane than the access to the principal dwelling unit.

I. Structure
Design
Should be compatible with the architectural style and materials of the principal structure.

J. Separation from
principal
dwelling unit
The ADU must be an independent unit.

No interior doors or other connections
between the ADU and the principal
dwelling unit are permitted.

Detached from principal dwelling
unit.

1. No setback is required for an accessory dwelling unit located within existing living area or an existing accessory structure, or an accessory dwelling unit that replaces an existing structure and is located in the same location and to the same dimensions as the structure being replaced.

19.112.050 Review Process.

Applications for accessory dwelling units conforming to the requirements of this chapter shall be reviewed ministerial without discretionary review and must be approved or denied within the time frame specified in Government Code Section 65852.2.

19.112.060 Accessory Dwelling Units Prohibited on Certain Lots.

Notwithstanding Government Code Section 65852.2 or 65852.22 or any provision of this Chapter, no accessory dwelling unit or a junior accessory dwelling unit shall be permitted on any lot in single‐ family residence district (R‐1 or RHS) if a lot split has been approved pursuant to Section 18.12.70 and one 615 CC 12-05-2023
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or more residential units has been approved for construction pursuant to Section 19.28.150 or 19.40.090 ( Government Code Section 65852.21).
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ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO TO AMEND MUNICIPAL CODE CHAPTER 19.12, CHAPTER 19.28 AND CHAPTER

19.112 REGARDING TWO‐STORY PERMIT AND ACCESSORY DWELLING UNIT (ADU) LAWS
The City Council of the City of Cupertino finds that:

2. State Law changes have rendered the City’s Accessory Dwelling Unit ordinance (CMC

19.112) obsolete and unenforceable.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:

SECTION 1. Adoption.

The Cupertino Municipal Code is further amended as set forth in Attachment A.

SECTION 2: Severability and Continuity.

The City Council declares that each section, sub‐section, paragraph, sub‐paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub‐section, paragraph, sub‐paragraph, sentence, clause and phrase of this ordinance. If any section, sub‐section, paragraph, sub‐paragraph, sentence, clause or phrase of this ordinance is held invalid, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of such portion, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Cupertino Municipal Code, these 617
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provisions shall be construed as continuations of those provisions and not as an amendment to or readoption of the earlier provisions.

SECTION 3: Effective Date.

This Ordinance shall take effect thirty days after adoption as provided by Government Code Section 36937.

SECTION 4: Publication.

The City Clerk shall give notice of adoption of this Ordinance as required by law.

INTRODUCED at a regular meeting of the Cupertino City Council on December 5, 2023 and ENACTED at a regular meeting of the Cupertino City Council on December 19, 2023 by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:
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ABSTAIN
SIGNED:

Hung Wei, Mayor
City of Cupertino
Date
ATTEST:

Kirsten Squarcia, City Clerk Date
APPROVED AS TO FORM:

Christopher D. Jensen, City Attorney Date
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ATTACHMENT A ‐ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO TO AMEND MUNICIPAL CODE CHAPTER 19.12, CHAPTER 19.28 AND CHAPTER 19.112 REGARDING TWO‐STORY PERMIT AND ACCESSORY

DWELLING UNIT (ADU) LAWS
The sections of the Cupertino Municipal Code set forth below are amended or adopted as follows:

Text added to existing provisions is shown in bold double‐underlined text (example) and text to be deleted in shown in strikethrough (example). Text in existing provisions is not amended or readopted by this Ordinance. Text in italics is explanatory and is not an amendment to the Code.

Where the explanatory text indicates that a new section is being added to the City Code, the new section is shown in plain text.

1. Amendments to Title 19 concerning the Two‐Story Permit

19.12.030 Approval Authority.

Table 19.12.030 shows the approval authority, Noticing Radius, Expiration Date and Extension Dates for different types of Permits.

Attachment A‐ Page 6
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Table 19.12.030 - Approval Authority
Type of Permit or Decision A, B
Administrative
Review
Arts and
Culture
Commission
Planning
Commission City Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing/ Noticing
Radius D
Posted
Site
Notice
Expirati
on
Date E
Chapter/ Findings
General Plan Amendment
Major F - R F PH CA. Govt. Code
65350-
65362
Yes - CA. Govt. Code
65350-
Minor G - R F PH Yes - 65362
Zoning Map Amendments
Major F - R F PH CA. Govt. Code
65853-
65857
Yes - 19.152.020
Minor G - R F PH Yes -
Zoning Text Amendments - R F PH
CA. Govt. Code
65853-
65857 - -

19.152.030
Specific Plans - R F PH
CA. Govt. Code
65350-
65362 - -

20.04.030
Development Agreements - R F PH CA. Govt. Code
65867 Yes - 19.144.120
Development Permits
Major F, H - F/R A1/F PM

19.12.110/300'
Yes 2 years

19.156.050
Minor G F A1 A2 PM Yes 2 years
Conditional Use Permits
Major F, H, I F A1/F/R A1/ A2/F PH CA. Govt. Code
65905
Yes 2 years

19.156.050
Minor G, I F A1/F/R A1/ A2/F PH Yes 2 years
Temporary F A1 A2 - None No 1 year None/ 19.160.030
Density Bonus (Residential) R F
Based on
concurrent
application

19.56 Adult-Oriented Commercial Activity (CUP) R F PH CA. Govt. Code 65905/300' Yes 2 years

19.128.030 &

19.128.040
Architectural and Site Approval
Major J F A1 A2 PM

19.12.110/
Yes 2 years

19.168.030
Minor K F A1 A2 PM Yes 2 years
Amendment
Major F, H - F A1 Varies L Yes 2 years 19.44,
Attachment A – Page 4
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19.144,

19.156,

19.164
Minor Modification F A1 A2 - None No 2 years 19.164
Hillside Exception/ Height Exception/ Heart
of the City Exception I
- F A1 PH 19.12.110/300' Yes 2 years

19.40.080,

19.24.070,

19.104
Exceptions I
-
- F A1 PM 19.12.110/
Adjacent Yes 1 year 19.104.290
Parking Exceptions I FM - F/A1 A1
/A2 Varies M

19.12.110/
Adjacent
Yes 1 year 19.28.140
Minor Residential F A1 A2 CP No 1 year 19.28.140
Exceptions I
- - F A1 PM Yes 1 year
Miscellaneous Ministerial Permit F - - None Adjacent Yes 1 Year 19.28.150 and

19.40.090
Miscellaneous Ministerial Permit Not Allowed
Attachment A‐ Page 5
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A. Permits can be processed concurrently with other applications, at the discretion of the Director of Community Development.

B. Projects with combined applications shall be processed at the highest level of approval in conformance with Section 19.04.090.

D. Noticing Radius of an application in a combined application shall correspond to the maximum noticing radius required for any one of the applications.

Planning Commission review for all other applications.

I. Please see specific zoning district regulations or chapters in this title that apply to the subject property or project for approval authority.

J. Major Architectural and Site Approval application ‐ architectural and site approval for all projects that are not a Minor Architectural and Site Approval application.

Attachment A – Page 7
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K. Minor Architectural and Site Approval application ‐ single family home in a planned development zoning district, minor building architectural modifications, landscaping, signs and lighting for new development, redevelopment or modification in such zones where review is required and minor modifications of duplex and multi‐ family buildings.

L. Meeting type and noticing are dependent on the underlying permit being modified.

M. Parking Exceptions approved by the Director of Community Development need a comment period.

N. Parking Exceptions in Single‐family residential (R1) zones and Duplex (R2) zones need adjacent noticing.

All other Parking Exceptions need notices within three hundred feet of the exterior boundary of the subject property.

O. Application must be filed prior to expiration date of permit. Permit is extended until decision of the Approval Body on the extension.

19.12.110 Noticing.

A. Notice of Public Hearing: Noticing shall be provided in the following mannerfor applications that need a public hearing:

Typographical and/or publishing errors shall not invalidate the notice nor any City action related to the notice.

B. Notice of Public Hearing for Zoning Text Amendments:

1. For amendments to zoning regulations: Notice of such hearing (publication) shall be given in the manner prescribed in Section 19.12.110 A(1) of this chapter.

2. For amendments to permitted uses of real property: Notice (mailing or publication) shall be given pursuant to Sections 19.12.110 A(2) or A(3), as the case may be.

1. For permits issued pursuant to Chapter 19.28, Single Family Residential, the mailed notice shall include a copy of the site plan and elevation plans of the proposed project.

2. For permits issued pursuant to Chapter 14.18, Protected Trees, the mailed notice shall include a copy of the site plan and tree replacement/mitigation plan.

19.12.030.

F. Posted Site Notice:

1. Applicants shall install notice(s) on the subject site that is/are clearly visible and legible from the right‐of‐way in accord with the requirements of Table 19.12.030. a. Applicants must install a site notice in the front yard of the subject site. b. For all applications other than Two Story Permits, Residential Design Review, Miscellaneous Ministerial Permits, and Tree Removal applications in R1 or R2 zones, if the 627
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subject site has more than one property line abutting a street, the applicant may be required to install more than one notice.

2. The notice shall be a weatherproof sign, firmly attached to 5 foot tall posts and:
a. For Two Story Permits, Residential Design Review, Miscellaneous Ministerial Permits, and Tree Removal applications in R1 or R2 zones, shall be at least 2 feet tall and 3 feet wide. b. For all other applications that need a site notice, shall be at least 4 feet tall and 6 feet wide.

4. The notice shall contain the following:
a. The exact address of the property, if known, orthe 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 forthe 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 StoryPermits, 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.

19.28.040 Permits Required for Development.

Table 19.28.040 sets forth the planning permits required for development in the Single‐ Family Residential district.

Table 19.28.040 Permits Required
Planning permit
required prior to
building permit
Type of Project Approval
Authority
application
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A. None One‐story s Single‐family projects that does not require
exception or variance from the requirements of this
Admin.

B. Minor Residential
Permit, pursuant to

1. One‐story encroachment into a required rear yard
setback, subject to requirements of Section

19.28.070
Admin 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
Chapter 19.12,
Administration

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

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
Admin
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E.D Residential Design
Review, pursuant to
Chapter 19.12,
Administration
Two‐story addition or new two‐story home in all
districts except R1‐a where:

2. Where second story side yard setback(s) are
less than 15 feet to any interior side property
line
Admin. with
design review
Two‐story addition, new two‐story home, and/or
second story deck in the R1‐a zone
PC
F. E Exception,
pursuant to
Chapter 19.12,
Administration &
Section 19.28.130 ,
Exceptions
One or two‐story project requesting an exception
from Sections 19.28.070 [Development Regulations
(Building)],

19.28.080 [Eichler R1‐e Building Design
Requirements], and/or 19.28.110 [Landscape
Requirements].

PC
G. F Hillside Exception,
pursuant to Chapter

19.12,
Administration
Development (area greater than 500 square feet) on
slopes greater than 30%
H. G Architectural and
Site Approval,
pursuant to Chapter

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. H Conditional Use
Permit, pursuant to
Chapter 19.12,
Administration
Two‐story addition or new two‐story home in an R1
zoning district with an “i” suffix
J. I Single‐Story
Overlay District
Application,
pursuant to Chapter

19.12 ,
Administration
Establishment orremoval of a Single‐Story Overlay
District in a Single Family Residential District
(Addition or removal of the “I” suffix in an R1
zoning district)
CC
K.J Miscellaneous
Ministerial Permit

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, ortwo‐story
addition in an R1 zoning district pursuant to
Government Code Section 65852.21
Admin

19.28.110 Single‐Family Residential Design Guidelines and Principles.

Any new single‐family residential house or addition to an existing house shall be generally consistent with the adopted single‐family residential guidelines in Sections 19.28.110(A) and (B). 630
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A. Single‐Family Residential Design Guidelines for all projects.1, 2

1. There should shall not be a three‐car wide driveway curb cut.

2. No more than fifty percent of the front elevation of a house should shall consist of garage area, unless the lot is not wide enough to accommodate.
a. In the R1‐a zone, the maximum width of a garage on the front elevation should shall be twenty‐ five feet, which will accommodate a two‐car garage. Additional garage spaces should shall only be provided through the use of a tandem garage or a detached accessory structure at the rear of the property.2

3. Usable Living area should shall be closer to the street, while garages should be set back more.

4. All roofs should shall have at least a one‐foot overhang.

5. Mechanical, heating, or cooling equipment or associated piping installed on the roof shall be screened from the public right away, except in R1-e zones where roof top equipment is not allowed.

6. Porches are encouraged.
a. In the R1‐a zone, the following porch design guidelines apply2:
i. When viewed from the street, a porch should shall appear proportionately greater in width than in height. A porch differs from an entry element, which has a proportionately greater height than its width.
ii. Structural supports should shall be designed such that the appearance is not obtrusive or massive.
iii. The use of large columns or pillars is discouraged. iv. The eave height for a front porch should shall not be significantly taller than the eave height of typical single‐story elements in the neighborhood. v. Porch elements should shall have detailing that emphasizes the base and caps for posts and fence elements.

7. In R1‐6e and R1‐a zones, entry features should shall not be higher than fourteen feet from natural grade to plate.2

19.28.140 Findings.

Sections 19.28.140(A), (B), (C), (D), and (E) set forth the findings required for a Minor Residential Permit, Two‐ Story Permit, Residential Design Review, and R‐1 Exception approval.

A. Minor Residential Permit Findings.
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1. The project is consistent with the Cupertino General Plan, any applicable specific plans, zoning ordinances and the purposes of this title.

3. The proposed project is harmonious in scale and design with the general neighborhood.

4. Adverse visual impacts on adjoining properties have been reasonably mitigated.

B. Two‐Story Permit Findings.

1. The project is consistent with the Cupertino General Plan, any applicable specific plans, zoning ordinance and the purposes of this title.

2. The granting of the permit will notresult in a condition that is detrimental orinjurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety or welfare.

3. The proposed project is harmonious in scale and design with the general neighborhood.

4. Adverse visual impacts on adjoining properties have been reasonably mitigated.

C. B. Residential Design Review Findings.

1. The project is consistent with the Cupertino General Plan, any applicable specific plans, zoning ordinance and the purposes of this title.

3. The project is harmonious in scale and design with the general neighborhood.

4. The project is consistent with the two‐story design principles and generally consistent with the single‐ family residential design guidelines.

5. Adverse visual impacts on adjoining properties have been reasonably mitigated.

D. C. Residential Design Review Findings, R1‐a zone.

1. The project is consistent with the Cupertino General Plan and Title 19 of the Cupertino Municipal Code.

Page 15 ends

3. The project is generally compatible with the established pattern of building forms, building materials, and designs of homes in the neighborhood.

5. Significant adverse visual and privacy impacts as viewed from adjoining properties have been mitigated to the maximum extent possible.

E. D. R‐1 Exception Findings.

1. The literal enforcement of this chapter will result in restrictions inconsistent with the spirit and intent of this chapter.

2. The proposed development will not be injurious to property or improvements in the area, nor be detrimental to the public safety, health and welfare.

3. The exception to be granted is one that will require the least modification of the prescribed design regulation and the minimum variance that will accomplish the purpose.

4. The proposed exception will not result in significant visual impact as viewed from abutting properties.

2. Amendments to Title 19 concerning Accessory Dwelling Units

19.112.010 Purpose; Incorporation by Reference; Consistency with State Law.

19.112.020 Accessory Dwelling Unit Regulations.

Notwithstanding any provision of this title to the contrary:

Page 16 ends

unit developed pursuant to this chapter does not cause the lot upon which it is located to exceed its maximum the allowable density on the lot.

3. No impact fees, as defined in Government Code Section 65852.2(f)(3)(B), shall be imposed on any accessory dwelling unit or junior accessory dwelling unit with a gross floor area of less than 750 square feet. Impact fees for all other accessory dwelling units shall be charged in compliance with State Law imposed on accessory dwelling units greater than or equal to 750 feet shall be charged proportionally in relation to the square footage of the primary dwelling unit in compliance with Government Code Section 65852.2(f)(3)(A).

19.112.030 Site Development Regulations for Streamlined Accessory Dwelling Units & Junior Accessory Dwelling Units.

A. Table 19.112.030A for single‐family residential uses developments and B. Table 19.112.030B for multi‐family residential uses developments.

Page 17 ends

Conversion of space within principal
dwelling unit or accessory structures
New Construction Attached or
Detached Accessory Dwelling
Unit ≤ 800 s.f.

2. Number of
Units
Two accessory dwelling units are allowed only if one of the accessory dwelling units is a detached unit built pursuant to this Table 19.112.030A and the other is a junior accessory dwelling unit. Otherwise, only one accessory dwelling unit is allowed per lot.

Maximum three ADUs per lot in any combination of the following:
 One attached ADU,
 One conversion of existing space ADU (whether in principal dwelling unit or existing accessory structure),
 One detached ADU, or
 One Junior ADU

3. Setbacks Per the underlying zoning district
except that if the existing structures do
not meet these standards, the side and
rear setbacks shall be sufficient for fire
safety and life safety.
a. At least four feet from the
rear and side lot lines.
a. An applicant alternately may
elect to follow the setback
and height standards for
accessory structures in
Chapter 19.100.

Attachment A‐ Page 17
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Ordinance No.

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1 An additional two feet in height is permitted to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.

Attachment A‐ Page 18

4. Height The conversion shall not change the height
of the existing structure.
a. 16 feet
a. 18 feet for detached ADU
b. If accessory dwelling unit
attached to principal
dwelling, 25 feet or the
height limitations applicable
to the principal dwelling,
whichever is lower.
c. An applicant alternatively
may elect to follow the
height standards for
accessory structures in
Chapter 19.100.

5. Second‐story
accessory
dwelling unit
Allowed if the unit is a conversion of
existing second story portion of the
principal dwelling unit.

Not Allowed Allowed

6. Parking for
accessory
dwelling unit
None

7. Direct outside
access
Independent outdoor access must be provided without going through the principal dwelling unit.

Detached from principal dwelling
unit
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Ordinance No.

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Attachment A‐ Page 19
Table 19.112.030B: Site Development Regulations for Streamlined Accessory Dwelling Units Associated with Existing Multi‐Family Residential Uses Developments Conversion of interior space within
multifamily dwelling structures
New Construction Detached
Accessory Dwelling Unit

Detached from the multi‐family
dwelling structure(s)

2. Number of
Units
The greater of:
 25 percent of the existing number of
primary dwelling units, or
 One accessory dwelling unit.

No more than two units

3. Minimum Size 150 s.f.

4. Maximum Size No size limitation 1,200 s.f.

6. Height The accessory dwelling unit shall not
increase the size of the existing structure.
a. 16 feet 18 feet; or
b. An applicant alternatively
may elect to follow the
setback and height standards
for accessory structures in
Chapter 19.100.
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Ordinance No.

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7. Separation
from principal
dwelling units
The conversion must result in an
independent unit. No interior doors or
other connections between the units are
permitted.

Detached from principal dwelling
units.

19.112.040 Site Development Regulations for Non‐Streamlined Accessory Dwelling Units.

B. The Development Standards for units governed by this section are provided in Section 19.112.040.

Any accessory dwelling unit that does not meet the criteria of Section19.112.030 shall meet the following development standards and use restrictions as identified in Table 19.112.040.

A. Number of
Units
Only one accessory dwelling unit pursuant to Table 19.112.040 is permitted and cannot be combined with any accessory dwelling units pursuant to Table

19.112.030A.

A maximum of three ADUs per single-family lot in any combination of the following, subject to the underlying zoning standards for lot coverage, floor area, open space, and setback:
o No more than one attached ADU
o No more than one conversion of existing space ADU (whether in principal dwelling unit or existing accessory structure), o No more than one detached ADU, or
o No more than one Junior ADU
Nothing in this Section shall permit the development of more than three ADUs or Junior ADUs on any single-family lot. Non-streamlined ADU provisions cannot be combined with streamlined provisions to add more than a total of three ADUs. 638
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Ordinance No.

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B. Size of living space, exclusive of decks

1. Minimum
size
150 s.f.

These standards shall apply to the gross floor area of the unit proposed. Notwithstanding application of these standards, an 800 s.f. detached accessory dwelling unit is permitted pursuant to Table

19.112.030A or an 800 s.f. attached accessory dwelling unit is permitted.

C. Setbacks Per the underlying zoning district,
except the required side and rear
setbacks are modified to four feet.

The proposed structure must comply
with the setback standards for
accessory structures in Chapter

19.100, except the street side setbacks
are modified to four feet.

D. Height Per the underlying zoning district 25
feet or the height limitations applicable
to the principal dwelling, whichever is
lower.

The proposed structure must comply
with the height standards for
accessory structures in Chapter

19.100, except that a maximum height
of 16 18 feet is allowed. at the farthest
point of the proposed structure from
the rear and side property lines.

E. Second‐story
accessory
dwelling units
Not allowed
Not allowed Allowed
F. Parking

Page 22 ends

Chapter 19.124 unless the accessory dwelling unit meets one of the following requirements:
a. Located within one‐half (1/2) mile of a public transit stop; or b. Located within one block of a car share vehicle pick‐up location; or c. Located in an architecturally and historically significant historic district; or
d. The occupant of the unit is not allowed/offered a required on‐street parking permit; or
e. Located within one block of a car share vehicle pick‐up location; or e. Is part of the proposed or existing primary residence or an accessory structure.

2. Replacement
parking spaces
for existing
covered,
uncovered or
enclosed parking
spaces
converted to an
accessory
dwelling unit
No replacement parking spaces are required.

G. Direct outside
access
Independent outdoor access must be provided without going through the principal dwelling unit.

H. Screening from
public street
All access to accessory dwelling units shall be on a different wall plane than the access to the principal dwelling unit.

I. Structure
Design
Should be compatible with the architectural style and materials of the principal structure.

J. Separation from
principal
dwelling unit
The ADU must be an independent unit.

No interior doors or other connections
between the ADU and the principal
dwelling unit are permitted.

Detached from principal dwelling
unit.

19.112.050 Review Process.

Page 23 ends

in Government Code Section 65852.2.

19.112.060 Accessory Dwelling Units Prohibited on Certain Lots.

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

CUPERTINO RECOMMENDING THAT THE CITY COUNCIL ADOPT
AN ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 19.12,
CHAPTER 19.28 AND CHAPTER 19.112 REGARDING TWO‐STORY

PERMIT AND ACCESSORY DWELLING UNIT (ADU) LAWS
The Planning Commission recommends that the City Council:

1. Determine that Project is exempt under the requirements of the California Quality Act of 1970, together with related State CEQA Guidelines (collectively, “CEQA”) because it has no potential for resulting in physical change in the environment, either directly or ultimately. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment. CEQA applies only to projects which have the potential of causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the amendments to the City Code would have no or only a de minimis impact on the environment. The foregoing determination is made by the City Council in its independent judgment. The proposed ordinance is further exempt from the California Environmental Quality Act (“CEQA”) under Public Resources Code section 21080.17, which provides a statutory CEQA exemption to ADU ordinances adopted to implement Government Code Sec. 65852.2.

2. Adopt the proposed amendments to the Municipal Code as indicated in Exhibit A, with the following modifications:
 Modify 19.28.110(A)(5) to read:

Mechanical, heating or cooling equipment or associated piping installed on the roof shall be screened from the public right of way.
 Tables 19.112.030A, 19.112.030B, and 19.112.040 – Remove major transit stop and transit corridor thresholds for height and second story allowances.  Modify Table 19.112.040 Row A to read:
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A maximum of three ADUs per single-family lot in any combination of the following, subject to the underlying zoning standards for lot coverage, floor area, open space, and setback:
o No more than one attached ADU
o No more than one conversion of existing space ADU (whether in principal dwelling unit or existing accessory structure), o No more than one detached ADU, or
o No more than one Junior ADU
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of Cupertino this 14th day of November, 2023, by the following roll call vote:

AYES: COMMISSIONERS: Lindskog, Fung, Scharf, Madhdhipatla, Mistry NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ATTEST: APPROVED:
/S/ Piu Ghosh /S/ Steven Scharf
Piu Ghosh Steven Scharf
Planning Manager Chair, Planning Commission
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ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO TO AMEND MUNICIPAL CODE CHAPTER 19.12, CHAPTER 19.28 AND CHAPTER

19.112 REGARDING TWO‐STORY PERMIT AND ACCESSORY DWELLING UNIT (ADU) LAWS
The City Council of the City of Cupertino finds that:

2. State Law changes have rendered the City’s Accessory Dwelling Unit ordinance (CMC

19.112) obsolete and unenforceable.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:

SECTION 1. Adoption.

The Cupertino Municipal Code is further amended as set forth in Attachment A.

SECTION 2: Severability and Continuity.

The City Council declares that each section, sub‐section, paragraph, sub‐paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub‐section, paragraph, sub‐paragraph, sentence, clause and phrase of this ordinance. If any section, sub‐section, paragraph, sub‐paragraph, sentence, clause or phrase of this ordinance is held invalid, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of such portion, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Cupertino Municipal Code, these provisions shall be construed as continuations of those provisions and not as an amendment to or readoption of the earlier provisions.
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SECTION 3: California Environmental Quality Act.

Determine that Project is exempt under the requirements of the California Environmental Quality Act (CEQA) of 1970, and CEQA Guidelines (collectively, “CEQA”) subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment. CEQA applies only to projects which have the potential of causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the amendments to the City Code would have no or only a de minimis impact on the environment. The foregoing determination is made by the City Council in its independent judgment. The proposed ordinance is further exempt from the California Environmental Quality Act (“CEQA”) under Public Resources Code section 21080.17, which provides a statutory CEQA exemption to ADU ordinances adopted to implement Government Code Sec. 65852.2.

SECTION 4: Effective Date.

This Ordinance shall take effect thirty days after adoption as provided by Government Code Section 36937.

SECTION 5: Publication.

The City Clerk shall give notice of adoption of this Ordinance as required by law.

INTRODUCED at a regular meeting of the Cupertino City Council on December 5, 2023 and ENACTED at a regular meeting of the Cupertino City Council on December 19, 2023 by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:
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ABSTAIN
SIGNED:

Hung Wei, Mayor
City of Cupertino
Date
ATTEST:

Kirsten Squarcia, City Clerk Date
APPROVED AS TO FORM:

Christopher D. Jensen, City Attorney Date
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Ordinance No.

Page 6 ends

ATTACHMENT A ‐ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO TO AMEND MUNICIPAL CODE CHAPTER 19.12, CHAPTER 19.28 AND CHAPTER 19.112 REGARDING TWO‐STORY PERMIT AND ACCESSORY

DWELLING UNIT (ADU) LAWS
The sections of the Cupertino Municipal Code set forth below are amended or adopted as follows:

Where the explanatory text indicates that a new section is being added to the City Code, the new section is shown in plain text.

1. Amendments to Title 19 concerning the Two‐Story Permit

19.12.030 Approval Authority.

Table 19.12.030 shows the approval authority, Noticing Radius, Expiration Date and Extension Dates for different types of Permits.

Attachment A‐ Page 6
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Table 19.12.030 - Approval Authority
Type of Permit or Decision A, B
Administrative
Review
Arts and
Culture
Commission
Planning
Commission City Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing/ Noticing
Radius D
Posted
Site
Notice
Expirati
on
Date E
Chapter/ Findings
General Plan Amendment
Major F - R F PH CA. Govt. Code
65350-
65362
Yes - CA. Govt. Code
65350-
Minor G - R F PH Yes - 65362
Zoning Map Amendments
Major F - R F PH CA. Govt. Code
65853-
65857
Yes - 19.152.020
Minor G - R F PH Yes -
Zoning Text Amendments - R F PH
CA. Govt. Code
65853-
65857 - -

19.152.030
Specific Plans - R F PH
CA. Govt. Code
65350-
65362 - -

20.04.030
Development Agreements - R F PH CA. Govt. Code
65867 Yes - 19.144.120
Development Permits
Major F, H - F/R A1/F PM

19.12.110/300'
Yes 2 years

19.156.050
Minor G F A1 A2 PM Yes 2 years
Conditional Use Permits
Major F, H, I F A1/F/R A1/ A2/F PH CA. Govt. Code
65905
Yes 2 years

19.156.050
Minor G, I F A1/F/R A1/ A2/F PH Yes 2 years
Temporary F A1 A2 - None No 1 year None/ 19.160.030
Density Bonus (Residential) R F
Based on
concurrent
application

19.56 Adult-Oriented Commercial Activity (CUP) R F PH CA. Govt. Code 65905/300' Yes 2 years

19.128.030 &

19.128.040
Architectural and Site Approval
Major J F A1 A2 PM

19.12.110/
Yes 2 years

19.168.030
Minor K F A1 A2 PM Yes 2 years
Amendment
Major F, H - F A1 Varies L Yes 2 years 19.44,
Attachment A – Page 4
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Ordinance No.

Page 5 ends

19.144,

19.156,

19.164
Minor Modification F A1 A2 - None No 2 years 19.164
Hillside Exception/ Height Exception/ Heart
of the City Exception I
- F A1 PH 19.12.110/300' Yes 2 years

19.40.080,

19.24.070,

19.104
Exceptions I
-
- F A1 PM 19.12.110/
Adjacent Yes 1 year 19.104.290
Parking Exceptions I FM - F/A1 A1
/A2 Varies M

19.40.090
Miscellaneous Ministerial Permit Not Allowed
Attachment A‐ Page 5
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Ordinance No.

Page 6 ends

A. Permits can be processed concurrently with other applications, at the discretion of the Director of Community Development.

B. Projects with combined applications shall be processed at the highest level of approval in conformance with Section 19.04.090.

D. Noticing Radius of an application in a combined application shall correspond to the maximum noticing radius required for any one of the applications.

Planning Commission review for all other applications.

I. Please see specific zoning district regulations or chapters in this title that apply to the subject property or project for approval authority.

J. Major Architectural and Site Approval application ‐ architectural and site approval for all projects that are not a Minor Architectural and Site Approval application.

Attachment A – Page 7
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K. Minor Architectural and Site Approval application ‐ single family home in a planned development zoning district, minor building architectural modifications, landscaping, signs and lighting for new development, redevelopment or modification in such zones where review is required and minor modifications of duplex and multi‐ family buildings.

L. Meeting type and noticing are dependent on the underlying permit being modified.

M. Parking Exceptions approved by the Director of Community Development need a comment period.

N. Parking Exceptions in Single‐family residential (R1) zones and Duplex (R2) zones need adjacent noticing.

All other Parking Exceptions need notices within three hundred feet of the exterior boundary of the subject property.

O. Application must be filed prior to expiration date of permit. Permit is extended until decision of the Approval Body on the extension.

19.12.110 Noticing.

A. Notice of Public Hearing: Noticing shall be provided in the following mannerfor applications that need a public hearing:

Typographical and/or publishing errors shall not invalidate the notice nor any City action related to the notice.

B. Notice of Public Hearing for Zoning Text Amendments:

1. For amendments to zoning regulations: Notice of such hearing (publication) shall be given in the manner prescribed in Section 19.12.110 A(1) of this chapter.

2. For amendments to permitted uses of real property: Notice (mailing or publication) shall be given pursuant to Sections 19.12.110 A(2) or A(3), as the case may be.

1. For permits issued pursuant to Chapter 19.28, Single Family Residential, the mailed notice shall include a copy of the site plan and elevation plans of the proposed project.

2. For permits issued pursuant to Chapter 14.18, Protected Trees, the mailed notice shall include a copy of the site plan and tree replacement/mitigation plan.

19.12.030.

F. Posted Site Notice:

1. Applicants shall install notice(s) on the subject site that is/are clearly visible and legible from the right‐of‐way in accord with the requirements of Table 19.12.030. a. Applicants must install a site notice in the front yard of the subject site. b. For all applications other than Two Story Permits, Residential Design Review, Miscellaneous Ministerial Permits, and Tree Removal applications in R1 or R2 zones, if the 654
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subject site has more than one property line abutting a street, the applicant may be required to install more than one notice.

4. The notice shall contain the following:
a. The exact address of the property, if known, orthe 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 forthe 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 StoryPermits, 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.

19.28.040 Permits Required for Development.

Table 19.28.040 sets forth the planning permits required for development in the Single‐ Family Residential district.

Table 19.28.040 Permits Required
Planning permit
required prior to
building permit
Type of Project Approval
Authority
application
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A. None One‐story s Single‐family projects that does not require
exception or variance from the requirements of this
Admin.

B. Minor Residential
Permit, pursuant to

1. One‐story encroachment into a required rear yard
setback, subject to requirements of Section

19.28.070
Admin 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
Chapter 19.12,
Administration

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

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
Admin
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E.D Residential Design
Review, pursuant to
Chapter 19.12,
Administration
Two‐story addition or new two‐story home in all
districts except R1‐a where:

2. Where second story side yard setback(s) are
less than 15 feet to any interior side property
line
Admin. with
design review
Two‐story addition, new two‐story home, and/or
second story deck in the R1‐a zone
PC
F. E Exception,
pursuant to
Chapter 19.12,
Administration &
Section 19.28.130 ,
Exceptions
One or two‐story project requesting an exception
from Sections 19.28.070 [Development Regulations
(Building)],

19.28.080 [Eichler R1‐e Building Design
Requirements], and/or 19.28.110 [Landscape
Requirements].

PC
G. F Hillside Exception,
pursuant to Chapter

19.12,
Administration
Development (area greater than 500 square feet) on
slopes greater than 30%
H. G Architectural and
Site Approval,
pursuant to Chapter

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. H Conditional Use
Permit, pursuant to
Chapter 19.12,
Administration
Two‐story addition or new two‐story home in an R1
zoning district with an “i” suffix
J. I Single‐Story
Overlay District
Application,
pursuant to Chapter

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, ortwo‐story
addition in an R1 zoning district pursuant to
Government Code Section 65852.21
Admin

19.28.110 Single‐Family Residential Design Guidelines and Principles.

Any new single‐family residential house or addition to an existing house shall be generally consistent with the adopted single‐family residential guidelines in Sections 19.28.110(A) and (B). 657
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A. Single‐Family Residential Design Guidelines for all projects.1, 2

1. There should shall not be a three‐car wide driveway curb cut.

3. Usable Living area should shall be closer to the street, while garages should be set back more.

4. All roofs should shall have at least a one‐foot overhang.

5. Structures shall not have any mechanical, heating or cooling or associated piping installed on the roof.

7. In R1‐6e and R1‐a zones, entry features should shall not be higher than fourteen feet from natural grade to plate.2

19.28.140 Findings.

Sections 19.28.140(A), (B), (C), (D), and (E) set forth the findings required for a Minor Residential Permit, Two‐ Story Permit, Residential Design Review, and R‐1 Exception approval.

A. Minor Residential Permit Findings.
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1. The project is consistent with the Cupertino General Plan, any applicable specific plans, zoning ordinances and the purposes of this title.

3. The proposed project is harmonious in scale and design with the general neighborhood.

4. Adverse visual impacts on adjoining properties have been reasonably mitigated.

B. Two‐Story Permit Findings.

1. The project is consistent with the Cupertino General Plan, any applicable specific plans, zoning ordinance and the purposes of this title.

2. The granting of the permit will notresult in a condition that is detrimental orinjurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety or welfare.

3. The proposed project is harmonious in scale and design with the general neighborhood.

4. Adverse visual impacts on adjoining properties have been reasonably mitigated.

C. B. Residential Design Review Findings.

1. The project is consistent with the Cupertino General Plan, any applicable specific plans, zoning ordinance and the purposes of this title.

3. The project is harmonious in scale and design with the general neighborhood.

4. The project is consistent with the two‐story design principles and generally consistent with the single‐ family residential design guidelines.

5. Adverse visual impacts on adjoining properties have been reasonably mitigated.

D. C. Residential Design Review Findings, R1‐a zone.

1. The project is consistent with the Cupertino General Plan and Title 19 of the Cupertino Municipal Code.

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3. The project is generally compatible with the established pattern of building forms, building materials, and designs of homes in the neighborhood.

5. Significant adverse visual and privacy impacts as viewed from adjoining properties have been mitigated to the maximum extent possible.

E. D. R‐1 Exception Findings.

1. The literal enforcement of this chapter will result in restrictions inconsistent with the spirit and intent of this chapter.

2. The proposed development will not be injurious to property or improvements in the area, nor be detrimental to the public safety, health and welfare.

3. The exception to be granted is one that will require the least modification of the prescribed design regulation and the minimum variance that will accomplish the purpose.

4. The proposed exception will not result in significant visual impact as viewed from abutting properties.

2. Amendments to Title 19 concerning Accessory Dwelling Units

19.112.010 Purpose; Incorporation by Reference; Consistency with State Law.

19.112.020 Accessory Dwelling Unit Regulations.

Notwithstanding any provision of this title to the contrary:

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unit developed pursuant to this chapter does not cause the lot upon which it is located to exceed its maximum the allowable density on the lot.

3. No impact fees, as defined in Government Code Section 65852.2(f)(3)(B), shall be imposed on any accessory dwelling unit or junior accessory dwelling unit with a gross floor area of less than 750 square feet. Impact fees for all other accessory dwelling units shall be charged in compliance with State Law imposed on accessory dwelling units greater than or equal to 750 feet shall be charged proportionally in relation to the square footage of the primary dwelling unit in compliance with Government Code Section 65852.2(f)(3)(A).

19.112.030 Site Development Regulations for Streamlined Accessory Dwelling Units & Junior Accessory Dwelling Units.

A. Table 19.112.030A for single‐family residential uses developments and B. Table 19.112.030B for multi‐family residential uses developments.

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Conversion of space within principal
dwelling unit or accessory structures
New Construction Attached or
Detached Accessory Dwelling
Unit ≤ 800 s.f.

3. Setbacks Per the underlying zoning district
except that if the existing structures do
not meet these standards, the side and
rear setbacks shall be sufficient for fire
safety and life safety.
a. At least four feet from the
rear and side lot lines.
a. An applicant alternately may
elect to follow the setback
and height standards for
accessory structures in
Chapter 19.100.

Attachment A‐ Page 17
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1 An additional two feet in height is permitted to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.

Attachment A‐ Page 18

4. Height The conversion shall not change the height
of the existing structure.
a. 16 feet or.
b. 18 feet for detached ADU
within half a mile walking
distance of a major transit
stop or transit corridor
defined in Section 21155 of
the Public Resources Code. 1
c. If accessory dwelling unit
attached to principal
dwelling, 25 feet or the
height limitations applicable
to the principal dwelling,
whichever is lower.
d. An applicant alternatively
may elect to follow the
height standards for
accessory structures in
Chapter 19.100.

5. Second‐story
accessory
dwelling unit
Allowed if the unit is a conversion of
existing second story portion of the
principal dwelling unit.

Not Allowed Allowed if accessory
dwelling is located within one half
mile walking distance of a major
transit stop or transit corridor;

6. Parking for
accessory
dwelling unit
None

7. Direct outside
access
Independent outdoor access must be provided without going through the principal dwelling unit.

Detached from principal dwelling
unit
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Detached from the multi‐family
dwelling structure(s)

2. Number of
Units
The greater of:
 25 percent of the existing number of
primary dwelling units, or
 One accessory dwelling unit.

No more than two units

3. Minimum Size 150 s.f.

4. Maximum Size No size limitation 1,200 s.f.

6. Height The accessory dwelling unit shall not
increase the size of the existing structure.
a. 16 feet 18 feet; or
b. 25 feet or the height
limitations applicable to the
principal dwelling,
whichever is lower if
accessory dwelling unit
attached to principal
dwelling
c.b.An applicant alternatively
may elect to follow the
setback and height standards
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for accessory structures in
Chapter 19.100.

7. Separation
from principal
dwelling units
The conversion must result in an
independent unit. No interior doors or
other connections between the units are
permitted.

Detached from principal dwelling
units.
(Ord. 20‐2199, § 5 (part), 2020; Ord. 17‐2170, § 4, 2018; Ord. 17‐2165, § 12, 2017; Ord. 16‐2159, § 8 (part), 2016; Ord. 2085, § 2 (part), 2011)

19.112.040 Site Development Regulations for Non‐Streamlined Accessory Dwelling Units.

B. The Development Standards for units governed by this section are provided in Section 19.112.040.

These regulations do not limit the height of existing structures converted into ADU/JADUs unless the envelope of the building is proposed to be modified beyond any existing legal, non‐conforming condition
Any accessory dwelling unit that does not meet the criteria of Section19.112.030 shall meet the following development standards and use restrictions as identified in Table 19.112.040.

Table 19.112.040: Site Development Regulations for Non‐Streamlined Accessory Dwelling Units Created by New Construction and/or Additions to the Principal Dwelling Unit Attached Detached > 800 s.f.

A. Number of
Units
Only one accessory dwelling unit pursuant to Table 19.112.040 is permitted and cannot be combined with any accessory dwelling units pursuant to Table

19.112.030A.

B. Size of living space, exclusive of decks

1. Minimum
size
150 s.f.

Attachment A‐ Page 20
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2. Maximum
size
a. Studios/one‐bedroom unit – 850 s.f.; two or more‐bedroom unit – 1,000 s.f.; and
b. Attached accessory dwelling units shall not exceed 50% of the existing primary dwelling
c. Application of lot coverage, floor area, and open space standards:
i. Maximum size for units ≤ 800 s.f. shall not be limited by lot coverage, floor area ratio, and open space requirements per the underlying zoning.
ii. Maximum size for units > 800 s.f. are limited by lot coverage, floor area ratio, and open space requirements per the underlying zoning.

These standards shall apply to the gross floor area of the unit proposed. Notwithstanding application of these standards, an 800 s.f. detached accessory dwelling unit is permitted pursuant to Table 19.112.030A or an 800 s.f. attached accessory dwelling unit is permitted.

C. Setbacks Per the underlying zoning district, except
the required side and rear setbacks are
modified to four feet.

The proposed structure must
comply with the setback standards
for accessory structures in Chapter

19.100, except the street side
setbacks are modified to four feet.

D. Height 25 feet or the height limitations applicable
to the principal dwelling, whichever is
lower.
a. The proposed structure
must comply with the height
standards for accessory
structures in Chapter 19.100,
except that a maximum
height of 16 feet is allowed
at the farthest point of the
proposed structure from the
rear and side property lines.
b. 18 feet for detached ADU
within half a mile of a major
transit stop or transit
corridor or on a lot with an
existing multifamily,
multistory dwelling or;
c. If accessory dwelling unit
attached to principal
dwelling, 25 feet or the
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height limitations applicable
to the principal dwelling,
whichever is lower.

E. Second‐story
accessory
dwelling units
Not allowed Allowed if accessory dwelling
is:
a. Located within one half mile of a
major transit stop or transit
corridor; or
b. On a lot with an existing
multifamily, multistory dwelling; or
c. More than 800 s.f. and attached to
principal dwelling.

Not allowed Allowed if accessory
dwelling is located within one half
mile of a major transit stop or
transit corridor.

F. Parking

1. Parking for
accessory
dwelling unit
One additional off‐street parking space shall be provided, if the principal dwelling unit has less than the minimum off‐street parking spaces for the applicable residential zoning district in which it is located, as required in Chapter 19.124 unless the accessory dwelling unit meets one of the following requirements:
a. Located within one‐half (1/2) mile of a public transit stop; or b. Located within one block of a car share vehicle pick‐up location; or c. Located in an architecturally and historically significant historic district; or
d. The occupant of the unit is not allowed/offered a required on‐street parking permit; or
e. Located within one block of a car share vehicle pick‐up location; or f. Is part of the proposed or existing primary residence or an accessory structure.

2. Replacement
parking spaces
for existing
covered,
uncovered or
enclosed
parking spaces
converted to an
No replacement parking spaces are required.

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accessory
dwelling unit
G. Direct outside
access
Independent outdoor access must be provided without going through the principal dwelling unit.

H. Screening from
public street
All access to accessory dwelling units shall be on a different wall plane than the access to the principal dwelling unit.

I. Structure
Design
Should be compatible with the architectural style and materials of the principal structure.

J. Separation from
principal
dwelling unit
The ADU must be an independent unit.

No interior doors or other connections
between the ADU and the principal
dwelling unit are permitted.

Detached from principal dwelling
unit.

19.112.050 Review Process.

19.112.060 Accessory Dwelling Units Prohibited on Certain Lots.

Attachment A‐ Page 23
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DIVISION 1. PLANNING AND ZONING [65000 - 66301] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. )
CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. )
65852.2.

GOVERNMENT CODE - GOV
ARTICLE 2. Adoption of Regulations [65850 - 65863.13] ( Article 2 added by Stats. 1965, Ch. 1880. ) (a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use. The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted.
(B) (i) Impose objective standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources. These standards shall not include requirements on minimum lot size.
(ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction.
(C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot.
(D) Require the accessory dwelling units to comply with all of the following:
(i) Except as provided in Section 65852.26, the accessory dwelling unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence. (ii) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling.
(iii) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages.
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(v) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet. (vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit. (vii) No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. (viii) Local building code requirements that apply to detached dwellings, except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official or enforcement agency of the local agency makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in this clause shall be interpreted to prevent a local agency from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this section.
(ix) Approval by the local health officer where a private sewage disposal system is being used, if required. (x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway. (II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. (III) This clause shall not apply to an accessory dwelling unit that is described in subdivision (d). (xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking spaces be replaced.
(xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
(2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (3) (A) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. The permitting agency shall either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new singlefamily or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior 670
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(B) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to subparagraph (A), the permitting agency shall, within the time period described in subparagraph (A), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
(4) The ordinance shall require that a demolition permit for a detached garage that is to be replaced with an accessory dwelling unit be reviewed with the application for the accessory dwelling unit and issued at the same time. (5) The ordinance shall not require, and the applicant shall not be otherwise required, to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district. (6) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section.
(7) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under this subdivision.
(8) (A) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be used or imposed, except that, subject to subparagraphs (B) and (C), a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant. (B) (i) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit before January 1, 2025.
(ii) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit that was permitted between January 1, 2020, and January 1, 2025. (C) Notwithstanding subparagraphs (A) and (B), a local agency may require that an accessory dwelling unit be used for rentals of terms longer than 30 days.
(9) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this subdivision. (10) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. 671
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(2) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to paragraph (1), the permitting agency shall, within the time period described in paragraph (1), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
(c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units.
(2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following:
(A) A minimum square footage requirement for either an attached or detached accessory dwelling unit that prohibits an efficiency unit.
(B) A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less than either of the following:
(i) 850 square feet.
(ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom. (C) Any requirement for a zoning clearance or separate zoning review or any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards.
(D) Any height limitation that does not allow at least the following, as applicable:
(i) A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit.
(ii) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. A local agency shall also allow an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.
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(iv) A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. This clause shall not require a local agency to allow an accessory dwelling unit to exceed two stories. (d) Notwithstanding any other law, and whether or not the local agency has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), all of the following shall apply:
(1) The local agency shall not impose any parking standards for an accessory dwelling unit in any of the following instances:
(A) Where the accessory dwelling unit is located within one-half mile walking distance of public transit. (B) Where the accessory dwelling unit is located within an architecturally and historically significant historic district. (C) Where the accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure. (D) When onstreet parking permits are required but not offered to the occupant of the accessory dwelling unit. (E) When there is a car share vehicle located within one block of the accessory dwelling unit. (F) When a permit application for an accessory dwelling unit is submitted with a permit application to create a new singlefamily dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this paragraph.
(2) The local agency shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit. (e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following:
(A) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. (ii) The space has exterior access from the proposed or existing single-family dwelling. (iii) The side and rear setbacks are sufficient for fire and safety. (iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22. (B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following conditions on the accessory dwelling unit:
(i) A total floor area limitation of not more than 800 square feet. 673
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(C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. (ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily dwelling units. (D) (i) Not more than two accessory dwelling units that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limitation in clause (i), (ii), or (iii), as applicable, of subparagraph (D) of paragraph (2) of subdivision (c) and rear yard and side setbacks of no more than four feet. (ii) If the existing multifamily dwelling has a rear or side setback of less than four feet, the local agency shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this subparagraph. (2) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions. (3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing multifamily dwelling.
(4) A local agency may require owner-occupancy for either the primary dwelling or the accessory dwelling unit on a single-family lot, subject to the requirements of paragraph (8) of subdivision (a). (5) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision be for a term longer than 30 days.
(6) A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years.
(7) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may impose objective standards including, but not limited to, design, development, and historic standards on said accessory dwelling units. These standards shall not include requirements on minimum lot size.
(f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012). (2) An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling. (3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. 674
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11/8/23, 3:44 PM leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=GOV&article=2.&sectionNum=65852.2.&op_statues=20… https://leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=GOV&article=2.&sectionNum=65852.2.&op_statues=2022&op_chap… 7/9 (B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation. (4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family dwelling.
(5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.
(g) This section shall supersede a conflicting local ordinance. This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit. (h) (1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of Housing and Community Development within 60 days after adoption. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section. (2) (A) If the department finds that the local agency’s ordinance does not comply with this section, the department shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to respond to the findings before taking any other action authorized by this section.
(B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shall do one of the following:
(i) Amend the ordinance to comply with this section.
(ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this section despite the findings of the department.
(3) (A) If the local agency does not amend its ordinance in response to the department’s findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this section and addressing the department’s findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law. (B) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017, and January 1, 2020. (i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. (j) As used in this section, the following terms mean:
(1) “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent 675
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11/8/23, 3:44 PM leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=GOV&article=2.&sectionNum=65852.2.&op_statues=20… https://leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=GOV&article=2.&sectionNum=65852.2.&op_statues=2022&op_chap… 8/9 provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot. (3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code. (4) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
(5) “Local agency” means a city, county, or city and county, whether general law or chartered. (6) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
(7) “Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. (8) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
(9) “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts. (10) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
(11) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. (12) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
(k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling.
(l) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units. (m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this division. (n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2), a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code:
(1) The accessory dwelling unit was built before January 1, 2020. 676
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11/8/23, 3:44 PM leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=GOV&article=2.&sectionNum=65852.2.&op_statues=20… https://leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=GOV&article=2.&sectionNum=65852.2.&op_statues=2022&op_chap… 9/9 (2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made.
(Amended (as amended by Stats. 2021, Ch. 343, Sec. 1) by Stats. 2022, Ch. 664, Sec. 2.5. (SB 897) Effective January 1, 2023.) 677
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11/8/23, 3:46 PM leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=GOV&article=2.&sectionNum=65852.22.&op_statues=2… https://leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=GOV&article=2.&sectionNum=65852.22.&op_statues=2022&op_cha… 1/2 TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. )
DIVISION 1. PLANNING AND ZONING [65000 - 66301] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. )
CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. )
65852.22.

GOVERNMENT CODE - GOV
ARTICLE 2. Adoption of Regulations [65850 - 65863.13] ( Article 2 added by Stats. 1965, Ch. 1880. ) (a) Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a junior accessory dwelling unit, and shall do all of the following:
(1) Limit the number of junior accessory dwelling units to one per residential lot zoned for single-family residences with a single-family residence built, or proposed to be built, on the lot. (2) Require owner-occupancy in the single family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owneroccupancy shall not be required if the owner is another governmental agency, land trust, or housing organization. (3) Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permitting agency, and shall include both of the following:
(A) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers. (B) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section. (4) Require a permitted junior accessory dwelling unit to be constructed within the walls of the proposed or existing single-family residence. For purposes of this paragraph, enclosed uses within the residence, such as attached garages, are considered a part of the proposed or existing single-family residence.
(5) (A) Require a permitted junior accessory dwelling unit to include a separate entrance from the main entrance to the proposed or existing single-family residence.
(B) If a permitted junior accessory dwelling unit does not include a separate bathroom, the permitted junior accessory dwelling unit shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area. (6) Require the permitted junior accessory dwelling unit to include an efficiency kitchen, which shall include all of the following:
(A) A cooking facility with appliances.
(B) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
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11/8/23, 3:46 PM leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=GOV&article=2.&sectionNum=65852.22.&op_statues=2… https://leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=GOV&article=2.&sectionNum=65852.22.&op_statues=2022&op_cha… 2/2 (b) (1) An ordinance shall not require additional parking as a condition to grant a permit. (2) This subdivision shall not be interpreted to prohibit the requirement of an inspection, including the imposition of a fee for that inspection, to determine if the junior accessory dwelling unit complies with applicable building standards. (c) (1) An application for a permit pursuant to this section shall, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing.

The permitting agency shall either approve or deny the application to create or serve a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family dwelling on the lot. If the permit application to create or serve a junior accessory dwelling unit is submitted with a permit application to create or serve a new singlefamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family dwelling, but the application to create or serve the junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. A local agency may charge a fee to reimburse the local agency for costs incurred in connection with the issuance of a permit pursuant to this section. (2) If a permitting agency denies an application for a junior accessory dwelling unit pursuant to paragraph (1), the permitting agency shall, within the time period described in paragraph (1), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (d) A local agency shall not deny an application for a permit to create a junior accessory dwelling unit pursuant to this section due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and that are not affected by the construction of the junior accessory dwelling unit. (e) For purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a single-family residence that contains a junior accessory dwelling unit so long as the ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the single-family residence includes a junior accessory dwelling unit or not. (f) For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.
(g) This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation related to a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a junior accessory dwelling unit, so long as that ordinance or regulation applies uniformly to all single-family residences regardless of whether the single-family residence includes a junior accessory dwelling unit.
(h) If a local agency has not adopted a local ordinance pursuant to this section, the local agency shall ministerially approve a permit to construct a junior accessory dwelling unit that satisfies the requirements set forth in subparagraph (A) of paragraph (1) of subdivision (e) of Section 65852.2 and the requirements of this section. (i) For purposes of this section, the following terms have the following meanings:
(1) “Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
(2) “Local agency” means a city, county, or city and county, whether general law or chartered. (3) “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts. (Amended by Stats. 2022, Ch. 664, Sec. 4. (SB 897) Effective January 1, 2023.) 679
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From: Peggy Griffin
To: City of Cupertino Planning Commission
Cc: City Clerk
Subject: 2023-11-14 Planning Commission Mtg-AGENDA ITEM2 - Missing RED-LINED Muni Code Date: Tuesday, November 14, 2023 4:27:28 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

PLEASE INCLUDE THIS EMAIL AS PART OF WRITTEN COMMUNICATIONS FOR THE ABOVE PLANNING COMMISSION MEETING AGENDA ITEM.

Dear City Clerk, Staff and Planning Commissioners,
It is difficult to see the changes to the Muni Code when a red-lined version is not provided.

REQUEST: Please provide a red-lined version.

Thank you,
Peggy Griffin
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From: Y Thorstenson
To: City of Cupertino Planning Commission; City of Cupertino Planning Dept.; Housing Subject: Clarify and Boost ADU Rules
Date: Tuesday, November 14, 2023 4:08:28 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Cupertino Planning Commission,
I’m glad our city’s planning commission is taking up the revision of ADU rules, with the passage of new state laws requiring cities to relax unnecessary rules. Overall, I believe our main goals should be to give property owners the freedom and discretion to decide how to best utilize their own land, and to demonstrate to the State of California that we will tackle our severe housing and homelessness crisis in good faith. ADUs have shown to be an effective way to house new families and individuals in Cupertino and have generated significant interest from property owners; now the city should ensure all homeowners have an equal opportunity to pursue this desirable use of their land, rather than just those with the means, expertise, and time.

Still, I believe the planning commission should better clarify new ADU rules, while also further empowering property owners to build new homes on their own land. The commission should advise Council on stronger language that:

1. Makes ADU regulations simpler, especially since small property owners are unlikely familiar with complex land use principles. Simplification and alignment with our existing pre-approved ADU ordinance are also essential to ensure the program is better utilized.

2. Provide across the board permission for ADUs to be up to two stories in height, as was intended by the passage of new state laws. There is no reason we should restrict heights for such a small type of housing, which will result in limited new impacts on the community. For homeowners, these restrictions will limit access to opportunity based on neighborhoods, when all should be allowed this same ability. In addition, Cupertino has a uniquely large number of multigenerational families who deserve ample space to live together, with caretakers and other loved ones. Transit oriented development should be focused around true dense, multi family homes, rather than single story additions.

3. In line with the above, we should also increase design flexibility by cleanly allowing for both detached and attached ADUs to accommodate all types of families and homeowners of all backgrounds and situations.
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4. Provide the same opportunities for single-story and multi-story single family homeowners.

5. Remove all mentions of proximity to transit without the context of ADUs.

ADUs are an effective, desirable way to better meet our housing needs, without noticeable impacts on neighborhoods, while also placing the financial onus on homeowners, who are demonstrably eager to build these homes. We should be simplifying and incentivizing our ambitious, thoughtful residents, instead of making the process needlessly challenging.

Thank you for your consideration.

Yvonne Thorstenson
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From: Neil Park-McClintick
To: City of Cupertino Planning Commission; City of Cupertino Planning Dept.; Housing Subject: (Strengthen Item 4 on ADUs) or (Clarify and Boost ADU Rules) Date: Tuesday, November 14, 2023 4:33:42 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Cupertino Planning Commission,
I’m personally glad our city’s planning commission is taking up the revision of ADU rules, with the passage of new state laws requiring cities to relax unnecessary rules. I can personally speak to the need for ADUs as one of many new housing options. When I was a college student, I lived in a garage->ADU conversion, which provided a rental rate almost half of the typical market rate housing option. It was the reason I was able to continue attending school and complete my degree. I believe others should have this same opportunity!
ADUs have shown to be an effective way to house new families and individuals in Cupertino and have generated significant interest from property owners; now the city should ensure all homeowners have an equal opportunity to pursue this desirable use of their land, rather than just those with the means, expertise, and time.

3. 683
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In line with the above, we should also increase design flexibility by cleanly allowing for both detached and attached ADUs to accommodate all types of families and homeowners of all backgrounds and situations.

4. Provide the same opportunities for single-story and multi-story single family homeowners.

5. Remove all mentions of proximity to transit within the context of ADUs.

Thank you for your consideration,
Neil Park-McClintick,
from a family of longtime cupertino residents
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From: Philip Nguyen
To: City of Cupertino Planning Commission; City of Cupertino Planning Dept.; Housing Subject: Clarify and Boost ADU Rules
Date: Tuesday, November 14, 2023 4:46:25 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Cupertino Planning Commission,
I am pleased that our city’s planning commission is taking up the revision of ADU rules, with the passage of new state laws requiring cities to relax unnecessary rules. Overall, I believe our main goals should be to give property owners the freedom and discretion to decide how to best utilize their own land, and to demonstrate to the State of California that we will tackle our severe housing and homelessness crisis in good faith. ADUs have shown to be an effective way to house new families and individuals in Cupertino and have generated significant interest from property owners; now the city should ensure all homeowners have an equal opportunity to pursue this desirable use of their land, rather than just those with the means, expertise, and time.

1. Makes ADU regulations simpler, especially since small property owners are not savvy with complex land use principles. Simplification and alignment with our existing pre-approved ADU ordinance are also essential to ensure the program is better utilized.

4. Provide the same opportunities for single-story and multi-story single family homeowners.

5. Remove all mentions of proximity to transit without the context of ADUs.

Thank you for your consideration.

Philip Nguyen
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From: Sean Hughes
To: City of Cupertino Planning Commission
Subject: Planning - Item 4 - ADU Commentary
Date: Tuesday, November 14, 2023 4:57:29 PM
Attachments: CFA%20Comment_Item%204_11.14.23_PC_.pdf.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hello,
I would like to submit the attached letter on behalf of CFA’s Steering Committee, for today’s Planning Commission meeting this evening.

Regards,
Sean Hughes
Policy Director, Cupertino for All
Get Outlook for iOS
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November 14, 2023
Commentary regarding Two-Story Permit and Accessory Dwelling Unit (ADU) laws Cupertino for All has been closely following the Housing Element process on behalf of our constituents, many of whom benefit from not only more housing opportunities, but also a diversity of the types of housing available.

ADUs are one type of housing where we see greater potential in Cupertino. Across the state, ADUs have contributed to the production of affordable to moderate income housing. In particular, they have been especially helpful to Cupertino’s housing production. Showcased in our Annual Progress Report, most of Cupertino’s recent housing production consisted largely of ADUs. In addition, the HE draft plans for even greater production over the next planning period. As such, we hope to see the City support, rather than constrain, ADU production. This support would also actively demonstrate the City’s positive intentions for the Department of Housing and Community Development’s (HCD) review of our updated draft Housing Element.

CFA suggests finding ways to support ADU development that go beyond the minimum action(s) required by state law. Some changes we would support are:

1. Make our ADU regulations less prescriptive. For example: let ADUs be attached or detached, and remove the requirements for proximity to a major transit stop or high quality transit corridor. While we support transit-oriented development, it is overly prescriptive to require this when an ADU could easily function as an in-law unit, in which case transit accessibility may be less of a concern.

2. Enable the creation of two-story/second-story ADUs.

3. Within reason, allow the same design opportunities for single and two-story ADUs.
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We support making changes to ensure the City can support ADU development to its fullest extent, not just in compliance with state law.

Regards,
The Steering Committee for Cupertino for All
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From: Peggy Griffin
To: City of Cupertino Planning Commission; Piu Ghosh (she/her) Cc: City Clerk
Subject: 2023-11-14 Planning Commission Mtg-AGENDA ITEM4 - 2 stories Date: Tuesday, November 14, 2023 5:06:02 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

PLEASE INCLUDE THIS EMAIL AS PART OF WRITTEN COMMUNICATIONS FOR THE ABOVE PLANNING COMMISSION MEETING AGENDA ITEM.

Dear Planning Staff,
Thank you for changing “should” to “shall”! Please continue doing it.

Sincerely,
Peggy Griffin
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From: Kamyab Mashian
To: City of Cupertino Planning Commission
Cc: City of Cupertino Planning Dept.; Housing
Subject: Clarify and Boost ADU Rules
Date: Tuesday, November 14, 2023 5:53:44 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Cupertino Planning Commission,
We are glad our city’s planning commission is taking up the revision of ADU rules, with the passage of new state laws requiring cities to relax unnecessary rules. Overall, we believe our main goals should be to give property owners the freedom and discretion to decide how to best utilize their own land, and to demonstrate to the State of California that our city will tackle our severe housing and homelessness crisis in good faith. ADUs have shown to be an effective way to house new families and individuals in Cupertino and have generated significant interest from property owners; now the city should ensure all homeowners have an equal opportunity to pursue this desirable use of their land, rather than just those with the means, expertise, and time.

Still, we believe the planning commission should better clarify new ADU rules, while also further empowering property owners to build new homes on their own land. The commission should advise Council on stronger language that:

3. In line with the above, we should also increase design flexibility by cleanly allowing for both detached and attached ADUs to accommodate all types of families and 691
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homeowners of all backgrounds and situations.

4. Provide the same opportunities for single-story and multi-story single family homeowners.

5. Remove all mentions of proximity to transit within the context of ADUs.

Thank you for your consideration.

Shivani Kavuluru
&
Kamyab Mashian
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From: Jennifer Griffin
To: City of Cupertino Planning Commission
Subject: Planning Commission Going Too Late
Date: Tuesday, November 14, 2023 11:29:41 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Planning Commission:

It is now 11:30 PM. Why are we making hundreds of changes on adus when we Have had no Planning Commission meetings for two months? You should probably postpone most of this.

I am assuming we will have a Planning Commission meeting next week? Thank you.

Jennifer Griffin
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CITY OF CUPERTINO
Agenda Item
23-12293 Agenda Date: 12/5/2023
Agenda #: 12.

Subject: Councilmember Reports
CITY OF CUPERTINO Page 1 of 1 Printed on 11/29/2023
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1 CITY COUNCIL ACTIVITY REPORT
Meeting:  Tuesday, November 21, 2023
Reporting Councilmember:  Councilmember J.R. Fruen
Report Activity Dates:  11/14/23 to 11/29/23
Event Date, Title, and Description:

Event 1. November 15, 2023 – Cupertino Historical Society Board Meeting – I attended this meeting in my capacity as the city council’s representative on the Society’s advisory council.

The Board reported out on the success of recent “Tavern Talks” and laid out its event plan for the remainder of the year. In addition, the Board discussed the management of its social media accounts and member outreach.

Event 2. November 17, 2023 – Quarter 1 Budget Discussion Preparation Briefing – I received a briefing from staff on the city’s Q1 Budget report and direction sought from staff. The briefing was helpful to understanding the timeline for the upcoming budget cycle, especially in view of the city’s reduced sales tax revenues and expected service level reductions.

Event 3. November 17, 2023 – Staff Briefing on the Mitigation Fee Act report – I received a staff briefing on the city’s impact fees pursuant to the Mitigation Fee Act and the findings required in order to support the collection and use of such fees in advance of the item appearing before council on the November 21, 2023, meeting agenda.

Event 4. November 21, 2023 – Meeting with Cupertino Chamber of Commerce CEO Deb Feng – I met with the recently‐appointed CEO of the Chamber of Commerce, Deb Feng, to discuss opportunities for partnership between the city and the Chamber and to debrief on recent Chamber‐run events.

Event 5. November 27, 2023 – Fremont Union High School District Community Trustee Area Districting (CTAD) Committee Meeting – I attended this meeting as a member of the 695
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2 Committee. We went through initial introductions, the scope of the Committee’s purpose and work, and received additional training on both the Brown Act and the Public Records Act.

Members also reviewed initial trustee area maps and the Board’s objectives with the maps, as well as the legal requirements for these maps. The review included an overview of map‐ making software available for the public to use in designing potential maps. CTAD meeting information is available on a dedicated website through the school district:
https://www.fuhsd.org/newsroom/trustee‐areas/ctad
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CITY COUNCIL ACTIVITY REPORT
Meeting:  Tuesday, December 5, 2023
Reporting Councilmember:  Vice Mayor Sheila Mohan
Report Activity Dates:  11/14/23 to 11/27/23
Event Date, Title, and Description:
11/14/23: Attended a Media Training provided by S.A.E Communications.  This was a very useful exercise where communication tips, media relations management, and the most effective ways to disseminate information were provided.

11/14/23: City Council attended a Governance Workshop conducted by Kevin Duggan about the roles and responsibilities of the Mayor and Council.  Extensive discussion ensued on best practices in city governance and key strategies for high‐functioning City Councils, including honoring the relationship with staff and each other, and practicing continuous learning and development.
11/15/23: Attended a prep session conducted by staff on the Mitigation Fee Act, and the two master agreements for GSG and 4 Leaf Agreements.  All these items appeared on the 11/21/23 City Council agenda.
11/15/23: Participated in the Rotary Diwali Festival at Quinlan and along with Mayor Wei enjoyed a fun evening of music, dinner, dance, fashion shows and fellowship.  The event was well attended by Rotary and other community members, most of whom were dressed in colorful Indian outfits!
11/16/23:   Attended a prep workshop presented by the City’s finance staff on First Quarter budget review.  This was in preparation for the City Council meeting on 11/21/23 where the budget item was agendized.
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2 11/21/23: Discussed upcoming projects and issues pertaining to Community Development which will appear on 12/5/23 agenda – this was a prep session provided by CDD staff.  The Planning Commission deliberations on the same items were reviewed by staff. 698
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CITY COUNCIL ACTIVITY REPORT
Meeting: Tuesday, December 5, 2023
Reporting Councilmember: Councilmember Kitty Moore
Report Activity Dates: 11/13/23 to 11/27/23
Event Date, Title, and Description:

November 14, 2023. Media Training.

November 14, 2023. Council Workshop with Kevin Duggan Facilitating.

November 15, 2023. Prep. session with Staff regarding the Mitigation Fee Act and 4Leaf Contract.

November 17, 2023. Prep. session with Staff regarding Q1 Budget update.

November 19, 2023. Ongoing Environmental Studies program classes: Environmental Resource Management and Pollution Prevention. Week topic: Approaches to pollution prevention. 7th course in the program. Began 8th course: Environmental Resource Management and Pollution Prevention Lab. Week topic: Wastewater, stormwater, and groundwater. Self-funded.

November 20, 2023. 1:2 Meeting with City Manager and City Attorney.

November 20, 2023. Prep session with Staff regarding Zoning Code Amendment.

November 21, 2023. City Council Meeting
November 26, 2023. Ongoing Environmental Studies program class: Environmental Resource Management and Pollution Prevention. Week topic: Environmental and Sustainability Management. 7th course in the program. Began 8th course: Environmental 1 699
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Cupertino City CouncilDecember 5, 2023

Cupertino City Council
December 5, 2023