CC 12-05-2023
#10
MCA-2023-003, U-2023-
002, EXC-2023-009;
Tessellations
Presentation
City Council
December 5, 2023
MCA-2023-003 – Code Amendment
U-2023-002 – Use Permit
EXC-2023-009 – Parking Exception
CC 12-05-2023 Item No. 10
Code Amendment
● Clarifies conditionally allowed private uses on BA
zoned sites
● Codifies historical practices
Use Permit Project Site
Address
1170 Yorkshire Drive
Zoning District
BA
Request
Private Pre-K through
9th grade school
Stafford Drive
Yorkshire Drive
Use Permit Proposal
● Pre-K - 9th grade - up to 300 students and 85 staff
● Afterschool program - up to 125 students
● Summer school - up to 300 students and 60 staff
● Up to seven special events annually
● Small, school-related events
● Daily operations from 7:30 a.m. to 4:00 p.m.
Use Permit Proposal
Drop Off
● On-site drop off in
main parking lot
loop
Pick Up
● Staggered release
of students to
parents in parking
lot loop
Parking Proposal
On-Site Parking
● 148 parking spaces required by CMC
● 67 spaces on-site - 47 existing, 20 proposed
Satellite Parking Lot and Shuttle
● 81 spaces provided at satellite parking lot (New
Life Church)
● Shuttle from parking lot to campus proposed
Parking Proposal
Event Parking
● 67 on-site spaces, plus 100+ spaces on blacktop
Planning Commission Review
● MCA-2023-003 – Unanimously recommended
approval
● U-2023-002 – 4:1 recommended approval
● EXC-2023-009 – 4:1 recommended approval
Conditions Modified
● Permit Parking - Costs covered for up to 75
residences
● Shuttle Service – Required at discretion of
Public Works and Community Development
Directors
● Minor clarifying edits
Recommended Actions
That the City Council:
1. Find the proposed actions exempt CEQA;
2. Conduct the first reading of Ordinance
amending Cupertino Municipal Code Chapter
19.76;
3. Approve Conditional Use Permit (U-2023-002);
and
4. Approve Parking Exception (EXC-2023-009)
CC 12-05-2023
#11
Municipal Code
Amendments Two-Story
Permits and Accessory
Dwelling Units (ADU)
Presentation
City Council
December 5, 2023
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.
CC 12-05-2023 Item No. 11
Background
Two Story Permit
● Required when a two-story addition or new two-story home is proposed in an R1 zoning district.
● 768 Planning permit applications received since November of 2021, 98 are Two-Story Permit applications.
● Potential to streamline permitting process.
● Remain subject to the approval of a building permit.
● Planning staff review compliance with codified
development standards.
● Minor Residential Permits, as well as Residential Design Review Permits, are proposed to remain.
Background
Accessory Dwelling Unit (ADU)
● Chapter 19.112, Accessory Dwelling Units has been modified several times since 2016 to keep current with State of California’s various Assembly and Senate Bills affecting ADU production. ● Based on recent changes in state law, City’s ADU ordinance is out of date and unenforceable.
Planning Commission
Recommendation
November 14, 2023, Planning Commission recommended (5-
0) that City Council adopt the proposed amendments to the Municipal Code with modifications.
Analysis – Two Story Permit
● Municipal Code Chapters 19.12 Administration, 19.28 Single-Family Residential (R-1) Zones
● Remove all reference to Two Story Permit
● Prescriptive Standards Remain
● Certain discretionary design standards proposed to be non-discretionary:
● Eliminating three-car wide curb cuts.
● 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.
● Usable Living area shall be closer to the street, while garages should be set back more.
● Porches shall appear proportionately greater in width than in height. ● Mechanical, heating or cooling equipment or associated piping installed on the roof shall be screened from the public right of way. ● Staff recommended exception would apply to homes in the Eichler (R1-e) zoned neighborhood (Fairgrove).
Analysis – Accessory Dwelling
Units
Municipal Code Chapter 19.112 Accessory Dwelling Units
Streamlined ADUs Non-Streamlined ADUs
• Three ADUs per single-family :
• One attached ADU (under 800 square
feet)
• One conversion of existing space ADU
(whether in principal dwelling unit or
existing accessory structure)
• One detached ADU (under 800 square
feet), or
• 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.
• 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.
• Allow three Non-Streamlined ADUs per lot (subject to FAR, Lot Coverage, and setbacks.
• Remove major transit stop and transit corridor thresholds for height and second story allowances.
State Bills – 1/1/2024
● AB 1033 (ADUs sold separately as condos)
● Optional – Not included in
amendment
● AB 976 (owner-occupancy requirements
prohibited beyond 2025)
● Municipal Code currently conforms
● AB 1332 (streamlined 30-day approval for
preapproved ADU plans)
● Municipal Code currently conforms
Errata - Table 19.12.030 - Approval
Authority
Type of Permit or
Decision
Administrative
Review
Arts and
Culture
Commission
Planning
Commission
City
Council
Public
Hearing/
Public
Meeting/
Comment
Period
Noticing/
Noticing
Radius
Posted
Site
Notice
Expiration
Date
Chapter/
Findings
R-1 Ordinance Permits
Two-story Design
Review
F F/A A1 L/ A2 Varies 19.12.110/
Adjacent
Yes 1 year 19.28.1
40 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)
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.