ORDINANCE NO. 24‐2261
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO AMENDING VARIOUS CHAPTERS IN TITLE 14, TITLE 17 AND TITLE 19, INCLUDING BUT NOT LIMITED TO THE ADDITION OF THREE NEW CHAPTERS IN TITLE 19, TO IMPLEMENT POLICIES IN THE GENERAL PLAN AND FOR CLARITY
SECTION I: PROJECT DESCRIPTION
Application No: MCA‐2023‐001
Applicant: City of Cupertino
Location: Citywide/Various locations
SECTION II: RECITALS
WHEREAS, state law requires the City to prepare and adopt an updated Housing Element every eight years to accommodate its fair share of housing and identify housing needs, resources and opportunities;
WHEREAS, pursuant to State Housing Law, the City prepared and presented its most recent draft 6th Cycle Housing Element to the California Department of Housing and Community Development (HCD) on March 28, 2024,
WHEREAS, HCD informed the City in a letter dated April 10, 2024 that the proposed Draft Housing Element is conditionally certified, pending rezoning of the Priority Housing Sites, and any associated rezoning required, to accommodate the City’s Regional Housing Needs Allocation (RHNA); and
WHEREAS, the City Council adopted the City’s 6th Cycle Housing Element and associated General Plan Amendments on May 14, 2024 with Resolution 24‐039; and WHEREAS, the Municipal Code amendment will be consistent with the Cityʹs General Plan land use map, proposed uses and surrounding uses; and WHEREAS, the necessary public notices have been given as required by the Municipal Code of the City of Cupertino and the Government Code, and the Planning Commission held a public hearing on June 11, 2024 to consider the project; and WHEREAS, based on substantial evidence in the administrative record, on June 11, 2024 the Planning Commission recommended that the City Council approve the Zoning Map Amendments, Z‐2023‐001, in substantially similar form to the Resolution presented (Resolution no. 2024‐11); approve the Specific Plan Amendments (SPA‐2024‐001) and
amendments to the Below Market Rate Housing Mitigation Manual (CP‐2024‐002) in substantially similar form to the Resolution presented (Resolution no. 2024‐10) and did not make a recommendation to the City Council as it related to the Municipal Code Amendments required to conform with the General Plan and Housing Element and other minor clean up text edits (MCA‐2023‐001); and
WHEREAS, the City Council of the City of Cupertino held a duly noticed public hearing on July 2, 2024, and after considering all testimony and written materials provided in connection with that hearing introduced this ordinance and waived the reading thereof; and
WHEREAS, the City Council of the City of Cupertino is the decision‐making body for this Ordinance;
WHEREAS, the City entered into a Stipulated Judgment dated January 8, 2024 pursuant to a lawsuit related to adoption of the Housing Element which included requirements for coming into compliance with state housing element law and exempted the City from the California Environmental Quality Act (“CEQA”) pursuant to Government Code section 65759; and
WHEREAS, pursuant to Government Code 65759, the General Plan Amendment to adopt the Housing Element and associated amendments to the General Plan and zoning is fully described and analyzed in the Environmental Assessment, which is incorporated into the General Plan as Appendix G; and
WHEREAS, it is the intent of the City Council, in enacting this Ordinance to make text amendments to improve conformity with State Law, improve readability, consistency and eliminate redundancies and
WHEREAS, The City Council of the City of Cupertino finds that:
1. The proposed zoning is in accord with the Municipal Code and the Cityʹs Comprehensive General Plan.
The proposed zoning is in conformance with the General Plan since the City Council adopted amendments to the General Plan, including changes to land use designations, in May 2024 with adoption of the Housing Element. These changes are mere conforming changes to make the City’s zoning map conform to the land use map.
2. The proposed zoning is in compliance with the provisions of the California Environmental Quality Act (CEQA).
Pursuant to Govt. Code Section 65759, the zoning actions related to bringing the City’s Housing Element into compliance with state law are exempt from CEQA. An Environmental
Assessment was prepared, also in compliance with state law. This Environmental Assessment identified all feasible mitigation measures and was adopted as Appendix G – General Plan 2040 and Zoning Code Amendments Environmental Assessment of the General Plan as required by state law.
3. The site(s) are physically suitable (including, but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the proposed zoning designation(s) and anticipated land use development(s).
The sites being rezoned have access to utilities and are compatible with adjoining land uses.
4. The proposed zoning will promote orderly development of the City.
The proposed changes allow the City to comply with the requirements of state law related to housing and to allow development contemplated in the Housing Element on the sites identified as Priority Housing Sites. The proposed regulations are designed to accommodate development at the densities envisioned in the Housing Element.
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 zoning is not detrimental to the health, safety, peace, morals and general welfare since these are conforming changes. Additionally, where health or safety impacts have been identified mitigation measures have been identified which would be applicable to any development on these sites, including those implemented through the City’s existing Municipal Code requirements.
6. The proposed amendments are internally consistent with Title 19.
The proposed amendments are internally consistent with the existing language in the Municipal Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
Section 1. Amendments.
The amendments indicated in Attachment I are hereby incorporated into the Municipal Code. 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.
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 su
ch 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 Ord inance 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.
Section 3. California Environmental Quality Act.
Adoption of these zoning amendments to allow implementation of the Housing Element is exempted from the California Environmental Quality Act (“CEQA”) pursuant to Government Code section 65759.
Section 4. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days from and 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.
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 th e
ordinance.
INTRODUCED at a regular meeting of the Cupertino City Council the 2nd day of July 2024 and ENACTED at a regular meeting of the Cupertino City Council on this 16th day of July 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
______________________
Sheila Mohan, Mayor
City of Cupertino
________________________
Date
ATTEST:
_______________________
Kirsten Squarcia, City Clerk
________________________
Date
APPROVED AS TO FORM:
_______________________
Christopher D. Jensen, City Attorney
________________________
Date
ATTACHMENT I
19.08: Definitions
19.08.030: Definitions
ʺCongregate residenceʺ means any building or portion which contains facilities for living, sleeping and sanitation, as required by the California Building Code and may include facilities for eating and cooking for occupancies other than a family. A congregate residence may be a shelter, convent or monastery but does not include jails, hospitals, nursing homes, homes for disabled persons, residential care facilities, supportive or transitional housing, hotels or lodging houses.
Emergency Shelter:
ʺEmergency shelter, rotatingʺ means a facility or program, including Rotating Safe Car Park, that provides temporary housing with minimal supportive services for people experiencing homelessness and meets criteria in Section Chapter 19.5076.030(2). ʺEmergency shelter, permanentʺ means a permanently operated facility that provides temporary housing with minimal supportive services for people experiencing homelessness pursuant to California Health and Safety Code Section 50801(e) and meets criteria in Section Chapter 19.5076.030(3). Permanent emergency shelters include other interim interventions, including but not limited to, bridge housing and respite or recuperative care. ʺEntry featureʺ means a structural element (e.g., porch, stoop), projecting from the front wall of a building that connects a building entrance, usually for a dwelling unit, to a walkway or sidewalk and is generally sheltered by a canopy or roof and accompanied by a landing, stairs, or ramp.which leads to an entry door.
“Live/work unit” means a free‐standing residential unit or a unit within a multiple‐family residential development used for commercial or office and residential purposes where the residential use of the space is accessory to the primary use as a place of work. A live/work unit shall meet the following: (a) combines a commercial or office activity allowed in the underlying zoning district with a residential living space for the owner of the business, or the owner’s employee, and that person’s household; (b) the resident owner or employee of the business is responsible for the commercial or office activity performed; (c) the business activity conducted takes place subject to a valid business license associated with the premises; and (d) active commercial, or office uses, shall be oriented along the street frontage with the residential component of the unit located behind or above the commercial or office space. ʺLow‐Barrier Navigation Center” means a facility that meets all of the requirements of Government Code Sections 65660 et seq.
ʺPriority Housing Sites” means sites designated in the Housing Element that are assumed to meet the City’s Regional Housing Needs Allocation. Priority Housing Sites shall be shown on the City’s General Plan Land Use Map.
ʺResidential Ccare Ffacilityʺ means a residential building or portion designed or used for the purpose of providing twenty‐four‐hour‐a‐day nonmedical residential living accommodationscare of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily life or for the protection of the individual pursuant to the Uniform Building, Housing and Fire Codes, in exchange for payment of money or other consideration, where the duration of tenancy is determined, in whole or in part, by the individual residentʹs participation in group or individual activities such as counseling, recovery planning, medical or therapeutic assistance. Residential care facility includes, but is not limited to, health facilities as defined in California Health and Safety Code (H&SC Section 1250 et seq.), community care facilities (H&SC Section 1500 et seq.), residential care facilities for the elderly (H&SC Section 1569 et seq.) or facilities for the mentally disordered or otherwise handicapped (W&I Code Section 5000 et seq.), alcoholism or drug abuse recovery or treatment facilities (H&SC Section 11384.11), and other similar care facilities.
ʺResidential Care Facility, Licensedʺ means any residential care facility licensed by the state.
1. Large Licensed Residential Care Facility means a licensed residential care facility which serves seven (7) or more clients, not including provider, provider family or staff.
2. Small Licensed Residential Care Facility means a licensed residential care facility which serves six (6) or fewer clients, not including provider, provider family or staff. “Residential Care Facility, Unlicensed” means any residential care facility not required to be licensed by the state and operated as a single housekeeping unit. ʺResidential district,ʺ for purposes of the Sign Ordinance, means the R‐1, RHS, R‐2, R‐3, R‐4, R1C, A, and A1 zoning classifications or TH combining district, which are consistent with the residential designation of the Cupertino Ggeneral Pplan. “Short‐term rental” means any legally permitted dwelling unit, or portion thereof, made available for rent on a transient occupancy basis. Short‐term rental use shall not be considered a hotel or single room occupancy use.
“Single family residence,” for purposes of Chapter 19.112, shall mean one dwelling unit located on a separately owned lot, including custom‐ built on site, factory‐built, manufactured, or modular housing. Single family residence does not include property with only air parcels, or condominiums, or townhomes.
“Single Housekeeping Unit” means one or more individuals occupying a dwelling unit with common access to, and common use of, living and eating areas and facilities for the preparation and storage of food, within the dwelling unit.
ʺSingle room occupancy (SRO) living unitʺ means an individually secure residential unit between 150 and 400 square feet in size. SROs are not required to, but may, contain partial or
full bathroom and kitchen facilities. SROs include extended stay hotels intended for long‐term occupancy (more than 30 days) but do not include other hotels or residential care facilities. ʺStepback” means a change in the vertical plane of a building where upper‐story areas of the building wall are setback from the building wall of the story directly below. ʺSupportive housingʺ means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community, or as otherwise defined in Government Code Section 65582(g). The “target population” is as defined in Government Code Section 65582(i).
“Supportive housing, permanent” means housing as defined in Government Code Section 65650(a) with a maximum of 50 units serving the target population as defined in Government Code Section 65650(c) and meeting all of the requirements of Government Code Sections 65650 et seq.
ʺTarget populationʺ (per CA Government Code 65582(g), as may be amended) means persons with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code).
“Townhome” or “rowhouse” means a group of two or more attached dwelling units where units are separated from others by a common or party wall, no unit is located over another unit, each unit has its own front and rear ground floor access to the outside, and owners have fee simple title to the air space of the unit. Townhomes do not include duplexes legally built on properties where such uses are permitted.
19.12: Administration
19.12.020: Applicability of Regulations
A. In the A, A‐1, R‐1, and RHS Zones, the following activities:
1. Conditional uses in accord with Chapter 19.20, Chapter 19.24, Chapter 19.28, Chapter
19.32,Chapter 19.36,and Chapter 19.40and Chapter 19.44; B. In R‐2, R‐3, R‐4, R1C, TH and all Commercial, Industrial, Office, Planned Community Zoning Districts, and other non‐residential zoning districts:
5. Conditional uses in accord with Chapter 19.20, Chapter 19.32, Chapter 19.36, Chapter
19.38, Chapter 19.44, Chapter 19.46, Chapter 19.60, Chapter 19.64, Chapter 19.68, Chapter
19.72, Chapter 19.76, Chapter 19.80, Chapter 19.84, Chapter 19.88, Chapter 19.92, Chapter
19.96, Chapter 19.128, Chapter 19.116, Chapter 19.132, Chapter 19.136.
19.12.030: Approval Authority
Table 19.12.030 – Approval Authority
Type of Permit or
Decision A, B
Admin‐
istrative
ReviewA,B
Arts and
Culture
Commission
Planning
Commission
City
Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing
Radius D
Posted
Site
Notice
Expiration
Date E
Chapter/
Findings
General Plan Amendment
Major F ‐ ‐ R F PH CA. Govt.
Code 65350‐
65362
Yes ‐ CA. Govt.
Code
65350‐
65362
Minor G ‐ ‐ R F PH Yes ‐
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 19.12.110/300ʹ 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 Density Bonus P Section 19.56.060 B
Type of Permit or
Decision A, B
Admin‐
istrative
ReviewA,B
Arts and
Culture
Commission
Planning
Commission
City
Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing
Radius D
Posted
Site
Notice
Expiration
Date E
Chapter/
Findings
Adult‐Oriented
Commercial Activity
(CUP)
‐ R F PH
CA. Govt.
Code
65905/300ʹ
Yes 2 years
19.128.030
&
19.128.040
Architectural and Site Approval
Major J, P 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
Depends on
permit being
amendedL
Yes 2 years
19.44,
19.144,
19.156,
19.164 Minor G F ‐ A1 A2 Varies L Yes 2 years
Minor Modification F ‐ A1 A2 ‐ None No 2 years 19.164 Hillside Exception/
Height Exception/
Heart of the City
Exception I
‐ ‐ F A1 PH 19.12.110/300ʹ 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 19.12.110/300ʹ 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 19.12.110/300ʹ 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 F F‐ FA1 A1 /A2 Varies M
19.12.110/
Adjacent/
300ʹ N
Yes 1 year 19.124.050
Fence Exceptions F ‐ A1 A1 L PM 19.12.110/
Adjacent Yes 1 year 19.48.060
Type of Permit or
Decision A, B
Admin‐
istrative
ReviewA,B
Arts and
Culture
Commission
Planning
Commission
City
Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing
Radius D
Posted
Site
Notice
Expiration
Date E
Chapter/
Findings
Front Yard
Interpretation F ‐ ‐ A1 PM 19.12.110/
Adjacent Yes 1 year 19.08
R‐1 Ordinance Permits
Residential Design
Review I F F‐ F/A1 A1 L /A2 Varies I
19.12.110/
Adjacent
Yes 1 year 19.28.140
Minor Residential F ‐ A1 A2 CP No 1 year
Exceptions I ‐ F‐ ‐ A1 M PM Yes 1 year
Miscellaneous
Ministerial Permit F ‐ ‐ ‐ None Adjacent Yes 1 year
19.28.150
and
19.40.090
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/
300ʹ 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 P
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
Type of Permit or
Decision A, B
Admin‐
istrative
ReviewA,B
Arts and
Culture
Commission
Planning
Commission
City
Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing
Radius D
Posted
Site
Notice
Expiration
Date E
Chapter/
Findings
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. Only one appeal allowed for housing developments eligible for by‐right approval.
A2—Appeal body on second appeal. Only one appeal
allowed for housing developments eligible for by‐
right approval.
PH—Public Hearing PM—Public Meeting
CP—Comment Period
Notes:
J. Major Architectural and Site Approval application ‐ architectural and site approval for all projects that are not a Minor Architectural and Site Approval application. Also see Note P.
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, permanent supportive housing with up to 6 units subject to by‐right processing as required by Government Code Section 65650 et seq., redevelopment or modification in such zones where review is required, and minor modifications of duplex and multi‐family buildings.
P. i. Housing Development projects located on Priority Housing Sites, identified to meet the lower income RHNA in the City’s Housing Element (Tables B4‐7 and B4‐9), are required to be developed at a minimum density of 20 dwelling units per acre, unless a higher minimum density is required per the General Plan. Housing Development projects that provide at least 20% of the total units in the development as affordable to lower income households, are eligible for by‐right approval as defined in Government Code Section 65583.2(i), which means that they are exempt from CEQA and subject only to design review based on objective standards. Major Architectural and Site Approval shall be processed as follows:
Administrative Review at an Administrative Hearing for a project with up to 50 units Planning Commission review for projects with greater than 50 units.
Any subdivision of the Priority Housing Sites shall be subject to all laws, including, but not limited to, the Subdivision Map Act and Title 18 of the Municipal Code.
ii. Permanent supportive housing with between 7 and 50 units and low barrier navigation centers are subject to by‐right Major Architectural and Site Approval as defined in subsection (i) above and shall be reviewed and approved as required by Government Code Section 65650 et seq., for supportive housing, and Government Code Section 65660 et seq. for low barrier navigation centers.
19.12.080: Application Process
B. Application shall be made on a form provided by the City, and shall contain the following, unless waived by the Director of Community Development based on the scope of the proposed project:
12. Zoning Map or Text Amendments shall also include information required per Chapter
19.152.
b. Zoning applications for Multiple‐Family (R‐3 and R‐4) Residential or Townhome (TH) Combining District shall also include information required per Sections 19.36.040, 19.38.040, and
19.46.040; and
18. A grading plan clearly identifying existing contours and finished grading in relation to proposed construction. The grading plan shall denote the location of all nonfruit trees with a trunk diameter as identified in Chapter 14.15, the Protected Tree Ordinance and any special status plant species.
19.16: Designations and Establishment of Districts
19.16.010: Zoning Districts Designated
A. The several classes of general base districts into which the City is divided are identified in Table 19.16.010A below:
Table 19.16.010A ‐– Base Zoning Districts
Zoning Map Designation and District Name Chapter Number R‐3 Medium, Medium/High, and High Density
Multiple‐Family Residential Zone
19.36 R‐4 High/Very High, Very High, and Highest
Density Multiple‐Family Residential Zone
19.38 B. Combining district(s) are identified in Table 19.16.010B below.
Table 19.16.010B ‐ Combining Districts
Zoning Map Designation and District Name Chapter Number TH Townhome Combining District 19.46
CB. In addition to the base zonesing districts identified in Table 19.16.010A and combining districts identified in Table 19.16.010B, the City may establish separate zoning districts in individual specific plans adopted to promote the orderly development of the plan area. These zoning districts are identified in Table 19.16.010CB below:
Table 19.16.010CB ‐ Specific Plan Districts
Zoning Map Designation Specific Plan Name
Heart of the City Heart of the City
Land uses, parcel level zoning, and development standards within a specific plan zone shall be as prescribed in the specific plan.
19.16.020: References to Base Zoning Districts
Residential Base Zoning District Restrictive Reference Most restrictive
RHS
R1C
R‐1
R‐2
R‐3
R‐4
Least restrictive
19.20: Permitted, Conditional, and Excluded Uses in Agricultural and Residential Zones
19.20.010: Applicability of Regulations.
No building, or structure, or land shall be used in an A, A‐1, R‐1, RHS, R1C, R‐2, or R‐3, or R‐4 zoning district or TH combining district, otherwise than in conformance with the provisions of this chapter.
19.20.020: Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones
Uses A A‐1 R‐1 RHS R1C R‐2 R‐3 R‐4
1. Agriculture, horticulture,
viticulture, and forestry, including
the following and similar uses:
P P ‐ ‐ ‐ ‐ ‐ ‐
Uses A A‐1 R‐1 RHS R1C R‐2 R‐3 R‐4
a. Field and truck crops,
including drying and
storage,
P P ‐ ‐ ‐ ‐ ‐ ‐
b. Orchards and vineyards,
including bottling and
storage,
P P ‐ ‐ ‐ ‐ ‐ ‐
c. Tree farms, botanical
conservatories, and
arboreta,
P P ‐ ‐ ‐ ‐ ‐ ‐
d. Barns and sheds, P P ‐ ‐ ‐ ‐ ‐ ‐
e. Keeping of draft animals,
animals providing products
used on the property,
P P ‐ ‐ ‐ ‐ ‐ ‐
f. Livestock ranches and dairy
farms depending mainly on
grazing on the property,
P CUP – PC ‐ ‐ ‐ ‐ ‐ ‐
g. Processing of dairy
products produced on the
property,
P CUP – PC ‐ ‐ ‐ ‐ ‐ ‐
h. Poultry raising and
hatcheries, P CUP – PC See #3327
i. Apiaries, pursuant
to Chapter 8.07, P CUP – PC See #119
j. Nurseries, greenhouses and
landscaping gardens, P CUP – PC See #260
k. Boarding kennels, CUP ‐ PC CUP – PC ‐ ‐ ‐ ‐ ‐ ‐ l. Animal breeding; P CUP ‐
Admin. ‐ ‐ ‐ ‐ ‐ ‐
2. Fur farms ‐ CUP – PC ‐ ‐ ‐ ‐ ‐ ‐
3. Retail sale of wine, fruit or
berries produced on the
property;
CUP ‐ CC CUP ‐ CC ‐ ‐ ‐ ‐ ‐ ‐
4. Single‐family dwelling unit
with not more than oOne
primary dwelling unit per
lot/defined air space for
condominiums;
P P P P P ‐ ‐ ‐
5. Two‐story structures in an
area designated for a one‐story
limitation pursuant to
Section 19.28.040(I) of this
‐ ‐ CUP ‐ PC ‐ ‐ ‐ ‐ ‐
Uses A A‐1 R‐1 RHS R1C R‐2 R‐3 R‐4
chapter, provided that the
Planning Commission
determines that the structure will
not result in privacy impacts,
shadowing, or intrusive noise,
odor, or other adverse impacts to
the surrounding area;
6. Duplex with not more than
two primary dwelling units per
lot
‐ ‐
See
Chapter
19.28 ‐ ‐ P ‐ ‐
76. Employee housing:
a. For six or fewer employees
in each dwelling unit on
each lot
P P P P P P P P
b With no more than 36
beds in group quarters or
12 units/spaces designed
for use by a single family
or household on each lot
P P ‐ CUP‐
Admin. ‐ ‐ ‐ ‐
87. An accessory dwelling unit
that conforms to the
requirements of Chapter 19.112;
P P P P P P P P
89. Multiple‐family residential
dwellings ‐ ‐ ‐ ‐ ‐ ‐ P P
10. Townhome residential
dwellings ‐ ‐ ‐ ‐ ‐ ‐ P3 P3
119. Accessory facilities and uses
customarily incidental to
permitted uses and otherwise
conforming with the provisions
of Chapter 19.100 of this title;
P P P P P P P P
120. Utility facilities essential to
provision of utility services to the
neighborhood but excluding
business offices, construction or
storage yards, maintenance
facilities, or corporation yards;
‐ ‐ P ‐ ‐ P CUP ‐ CC CUP‐CC
131. Temporary buildings for
construction purposes (including
trailers) for a period not to
exceed the duration of such
construction;
‐ ‐ ‐ ‐ ‐ ‐ P P
Uses A A‐1 R‐1 RHS R1C R‐2 R‐3 R‐4
124. Home occupations:;
a. When accessory to
permitted use and
otherwise conforming to
the provisions of Chapter
19.120 of this title;
P P P P P P P P
b. Requiring a Conditional
Use Permit pursuant to
Chapter 19.120 of this title;
CUP ‐
Admin.
CUP ‐
Admin.
CUP ‐
Admin.
CUP ‐
Admin.
CUP ‐
Admin.
CUP ‐
Admin.
CUP ‐
Admin.
CUP ‐
Admin.
c. Short‐term rentals
pursuant to Chapter
5.08 of the Municipal Code
P P P P P P P P
153. Small‐family day care
home per dwelling unit; P P P P P P P P
164. Large‐family day care home per dwelling unit:;
a. Which meets the parking
criteria contained
in Chapter 19.124, and
which is at least three
hundred feet from any
other large‐family day care
home.
The Director of Community
Development or his or her
designee shall
administratively approve
large day care homes to
ensure compliance with the
parking and proximity
requirements;
P P P P P P CUP ‐
Admin.P P
b. Which otherwise does not
meet the criteria for a
permitted use. The
conditional use permit shall
be processed as provided
by CA. Health and Safety
Code Section 1597.46(3);
CUP ‐
Admin.
CUP ‐
Admin.
CUP ‐
Admin.
CUP ‐
Admin.
CUP ‐
Admin.
CUP ‐
Admin.
CUP ‐
Admin.
CUP ‐
Admin.
175. Small licensed rResidential
care facility, located in housing
of a type permitted in the zone
and, where required by state
law, is at least 300 feet from
another regulated community
P P P P P P P P
Uses A A‐1 R‐1 RHS R1C R‐2 R‐3 R‐4
care facility with six or fewer
residents, not including the
provider, provider family or
staff, provided that the facility
obtains any license, if required,
issued by appropriate State
and/or County agencies and/or
department:;
16. Residential care facility, in
each dwelling unit, with seven or
greater residents, not including
the provider, provider family or
staff, is a minimum distance of
five hundred feet from the
property boundary of another
residential care facility, provided
that the facility obtains any
license, if required, issued by
appropriate State and/or County
agencies and/or departments; 18.
Large licensed residential care
facility, located in housing of a
type permitted in the zone and,
where required by state law, is
at least 300 feet from another
regulated community care
facility
CUP ‐ PC CUP ‐ PC CUP ‐ PC CUP ‐ PC CUP ‐ PC CUP ‐
PC CUP ‐ PC CUP‐PC
19. Unlicensed Residential Care
facility located in housing of a
type permitted in the zone
P P P P P P P P
1720. Congregate residence, in
each dwelling unit:
a. With six or fewer residents P P P P P P P P b. With seven or greater
residents which is a
minimum distance of one
thousand feet from the
boundary of another
congregate residence and
has a minimum of seventy‐
five square feet of usable
rear yard area per occupant
CUP ‐ PC CUP ‐ PC CUP ‐ PC CUP ‐ PC CUP ‐ PC CUP ‐
PC CUP ‐ PC CUP‐PC
Uses A A‐1 R‐1 RHS R1C R‐2 R‐3 R‐4
1821. Transitional housing
located in housing of a type
permitted on the zone;
P P P P P P P P
1922. Supportive housing
located in housing of a type
permitted in the zone
P P P P P P P P
23. Supportive housing,
permanent, with no more than 50
units
P4 P4
24. Single‐room occupancy
(SRO) units ‐ ‐ ‐ ‐ ‐ ‐ ‐ CUP ‐
Admin
25. Permanent emergency
shelter that complies with
Chapter 19.50
‐ ‐ ‐ ‐ ‐ ‐ ‐ P
260. Horticulture, gardening, and growing of food products:; a. Recreational for personal
use; P P P P P P ‐ ‐
b. Limited to maximum of ten
percent of the lot area and
for consumption by
occupants of the site;
‐ ‐ ‐ ‐ ‐ ‐ P P
c. Produce grown on site may
be sold if the business
activity is conducted in a
manner consistent with
Chapter 19.120, Home
Occupations
‐ ‐ ‐ P ‐ ‐ ‐ ‐
d. Commercial purposes; See #1 See #1 ‐ CUP ‐
Admin. ‐ ‐ ‐ ‐
271. Limited commercial
recreation uses, such as riding
clubs and related stables and
trails, golf courses, swimming
and picnic grounds;
‐See #37 ‐See #37 ‐ CUP ‐ PC ‐ ‐ ‐ ‐
282. Golf courses and driving
ranges; CUP ‐ CC CUP ‐ CC ‐ ‐ ‐ ‐ ‐ ‐
293. Commercial swimming
pools and picnic areas; CUP ‐ CC CUP ‐ CC ‐ ‐ ‐ ‐ ‐ ‐ 3024. Temporary uses subject to
regulations established
by Chapter 19.156
CUP ‐
Admin.
CUP ‐
Admin.
CUP ‐
Admin.
CUP ‐
Admin.
CUP ‐
Admin.
CUP ‐
Admin.
CUP ‐
Admin.
CUP‐
Admin.
Uses A A‐1 R‐1 RHS R1C R‐2 R‐3 R‐4
3125. Buildings or structures
which incorporate solar design
features that require variation
from setbacks upon a
determination by the Director
that the design feature, or
features, will not result in
privacy impacts, shadowing, or
intrusive noise, odor, or other
adverse impacts to the
surrounding area.
CUP ‐
Admin.P
CUP ‐
Admin.P ‐P CUP ‐
Admin.P ‐P ‐P ‐P P
3226. Transmission lines,
transformer stations, television
and radio towers, and other
public utility and communication
structures;
CUP ‐ PC CUP ‐ PC ‐ ‐ ‐ ‐ ‐ ‐
3327. Adult (over 4 months of age) household pets per dwelling unit, limited as follows:
a. No specified number P P ‐ ‐ ‐ ‐ ‐ ‐
b. Maximum of four,
provided no more than two
adult dogs or cats may be
kept on the site
‐ ‐ P ‐ P P P P
c. Limited to one per three
thousand square feet of lot
area, except:
1.i. Dogs are limited to a
maximum of two on lots
less than one acre and four
for lots greater than one
acre; and
2.ii. The number of geese,
ducks, chickens, rabbits
and other farm animals are
not limited on a site greater
than one acre.
‐ ‐ ‐ P 2† ‐ ‐ ‐ ‐
3428. Litter of dogs or cats up to four months of age:; a. No specified number P P ‐ P ‐ ‐ ‐ ‐
b. Maximum of one ‐ ‐ P ‐ P P P P
Uses A A‐1 R‐1 RHS R1C R‐2 R‐3 R‐4
3529. Large animals, provided no animals are kept, maintained and raised for commercial purposes, limited as follows:
a. Two large animals for
the first 40,000 square feet
of land area, except mules
and donkeys which require
80,000 square feet for the
first animal,
b. One additional large
animal for each 20,000
square feet of land area,
c. One additional large
animal if said animal is
raised for a 4H project, a
project sponsored by a
recognized agricultural
organization or a school
project,
See #1 See #1 ‐ P †2 ‐ ‐ ‐ ‐
360. The keeping of any animal
not otherwise permitted above:
#2733, 28 34, and 2935
‐ ‐ ‐ CUP ‐
Admin. ‐ ‐ ‐ ‐
3731. Riding academies,
commercial stables, and the
boarding of horses:;
CUP ‐ CC CUP ‐ CC ‐ ‐ See #27 ‐ ‐ ‐ ‐
382. Noncommercial stables, and the keeping of riding horses:
a. Limited to three horses on
each lot at the any time
except that additional foals
may be retained for a
period of six months;
P P ‐ ‐ See #35 ‐ ‐ ‐ ‐
b. In excess of the number
permitted in #3238(a) CUP ‐ CC CUP ‐ CC ‐ See #35‐ ‐ ‐ ‐ ‐ 393. Cemeteries, crematoriums,
mausolea, and columbariums CUP ‐ CC CUP ‐ CC ‐ ‐ ‐ ‐ ‐ 4034. Mines, quarries and gravel
pits; CUP ‐ CC CUP ‐ CC ‐ ‐ ‐ ‐ ‐ ‐
4135. Guest ranches; CUP ‐ CC CUP ‐ CC ‐ ‐ ‐ ‐ ‐ ‐ 4236. Public and quasi‐public
buildings and uses. CUP ‐ CC CUP ‐ CC ‐ ‐ ‐ ‐ ‐ ‐ 4337. Hog farms; Ex‐ Ex‐ ‐ ‐ ‐ ‐ ‐ ‐
Uses A A‐1 R‐1 RHS R1C R‐2 R‐3 R‐4
3844. Cattle farms mainly
depending upon feed brought
onto the property;
Ex‐ Ex‐ ‐ ‐ ‐ ‐ ‐ ‐
3945. Slaughterhouses, fertilizer
yards, feed yards, boneyards or
plants for the reduction of animal
matter;
Ex‐ Ex‐ ‐ ‐ ‐ ‐ ‐ ‐
460. Commercial feed sales; Ex‐ Ex‐ ‐ ‐ ‐ ‐ ‐ ‐ 471. Other semiagricultural uses
mainly depending upon raw
materials, semifinished products,
or feed brought on to the
property;
Ex‐ Ex‐ ‐ ‐ ‐ ‐ ‐ ‐
482. Other agricultural uses
which, in the opinion of the
Director of Community
Development, create a private or
public nuisance.
Ex‐ Ex‐ ‐ ‐ ‐ ‐ ‐ ‐
Key:
P – Permitted Use
‐ – Not Allowed/Excluded Uses
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 1* – May be permitted in locations where the use is compatible with existing and planned uses within the development area in the opinion of the Director of Community Development., † 2 – The required lot area for a large animal shall not be included in the required lot area for a household pet or vice versa, except that a maximum of two household pets may be kept with large animals., All animals must be kept and maintained in accordance with other Cupertino or Santa Clara County codes and ordinances.,
3‐ Permitted only under the Townhome (TH) Combining District 4‐ Permitted by‐right consistent with State law
Ex – Excluded Uses
19.28: Single‐Family Residential (R‐1) Zones
19.28.040: Permits required for development
Table 19.28.040 Permits Required
Planning permit required
prior to building permit
application
Approval
authority
Type of Project
K. Conditional Use Permit
pursuant to Chapter
19.12, Administration
Admin Duplex developments in a single structure on corner lots or on properties where the adjacent property (1) fronts an arterial or major collector and (2) is zoned and currently used for commercial or mixed‐ use development.
1. All units shall comply with Section 19.32.060, Building Development Regulations for Residential Duplex (R‐2) are subject to a lot coverage of 50%, a floor area ratio of 65%, parking standards per the underlying R1 zone, and interior side yard setback standards for R1‐5 zones.
2. Combined with two attached and/or detached ADUs, a maximum of four units are allowed.
3. Units located on property with an “i” or “e” suffix after the R1 designation are also subject to the respective overlay standards.
4. Units located on parcels zoned R1‐a shall meet the required front setbacks for R1‐a zoning district. Units on parcels where the zoning map identifies a different front setback shall meet the required front setback.
19.36: Multiple‐Family Residential (R‐3) Zones
19.36.010: Purpose
The purpose of this chapter is to provide a zoning district permitting medium, medium‐high, and high density multiple‐family residential uses and to establish the regulations pertaining thereto. These regulations are intended to guide future multiple‐family residential development and ensure a healthy functional environment for future residents within the proposed development and for and between adjoining parcels. The R‐3 zoning district may be combined with the townhome (TH) zoning district in accordance with Chapter 19.46.
19.36.020: Applicability of Regulations
A. No building, structure, or land shall be used, and no building or structure shall be hereafter erected, structurally altered, or enlarged in a multiple‐family residential (R‐3) zoning district,
otherwise than in conformance with the provisions of this chapter and other applicable provisions of this title.
B. Reasonable Accommodation: Notwithstanding 19.36.020(A) above, a request for reasonable accommodation may be made by any person with a disability, when the strict application of the provisions in this chapter, acts as a barrier to fair housing opportunities, pursuant to Chapter
19.520.
19.36.030: Permitted, Conditional, and Excluded Uses
Permitted, Conditional, and Excluded Uses that may be conducted fromon property zoned multiple‐family residentialR‐3 are identified in Section 19.20.020.
19.36.040: Development Plan Required
An application for development on a parcel presently zoned R‐3 shall require submittal of all materials identified in Chapter 19.12. The Community Development Director may establish development plan application requirements beyond those required by Chapter 19.12.
A. An application for development in R‐3 zones, shall in addition to the information required by Chapter 19.12, be accompanied by a development plan that includes the following:
1. The Architectural theme of the development, including the location of buildings on the lot, building configurations, building heights, private patio and balcony areas, fence lines, and general window locations;
2. A description of the private outdoor area for each dwelling unit and a description of the degree of visual intrusion into adjoining properties which may result upon implementation of the project. The visual analysis shall include scale cross‐sections if deemed essential to interpret the degree of visual intrusion into private outdoor or indoor space;
3. A grading plan describing existing contours and finish grading in relation to proposed construction. The grading plan shall denote the location of all nonfruit trees with a trunk diameter as identified in Chapter 14.15, the Protected Tree Ordinance;
4. The location of areas proposed for vehicular circulation and for landscaping.
19.36.050: Permit Required for Development
A. No building permit may be issued for development on a parcel proposal of a vacant property presently zoned multiple‐family residential (R‐3) until a development plan is approved with as part of a development permit pursuant to Chapters 19.12 and 19.156. Housing development projects on Priority Housing Sites considered by‐right pursuant to state law shall be processed as identified in Table 19.12.030.
19.36.060: Site Development Regulations
Table 19.36.060 sets forth the rules and regulations pertaining to the Development Regulations for the development of property zoned multiple‐family residential (R‐3).
Table 19.36.060 Site Development Regulations
A. Density – Maximum number of units cannot
exceed that allowed by the General Plan
1. Maximum as designated in the General Plan.
2. Development on sites with a minimum density shall meet the minimum density established on the General Plan Land Use map.
Number of Units Dwelling Net Lot Area
Up to 3 unitsB. Minimum Net Lot Area 9,300 square feet Over 3 2,000 additional square feet per dwelling unit
CB. Minimum Lot Width (measured at front
building setback line)
70 feet at front building setback line
19.36.070: Building Development Regulations
Table 19.36.070: Building Development Regulations
Projects with up to four units Projects with five or more units A. Maximum Lot
Coverage
50% of net lot area, unless inconsistent
with Govt. Section 65913.11
55% of net lot area, unless inconsistent with
Govt. Section 65913.11
B. Maximum Height Limited to two stories (not to exceed 30 feet)
Not to exceed 30 feet unless a different height
is identified by General Plan Figure LU‐2.
C. Setbacks and Stepbacks
Projects with up to four units Projects with five or more units First Floor Second Floor or
Portions of building
24 feet or higher
First Floor Upper Floors
1. Front‐yard 20 feet If located on
property abutting
an arterial or
major collector, 35
feet from face of
street curb
All other
properties: 20 feet
from property
line
If located on property
abutting an arterial or
major collector:
Floor 2 and 3: 35
feet from face of
street curb
Floors 4 and above
(if allowed per
General Plan
height): 20 feet
from property line.
All other properties
20 feet from property
line
Table 19.36.070: Building Development Regulations
Projects with up to four units Projects with five or more units
2. Side‐yard
i. Interior side 6 feet 9 10 feet for
second floor.18
feet for portions
of building 24
feet or higher
10 feet 12 feet
ii. Street side 12 feet 18 feet for portions
of building 24 feet
or higher
12 feet 18 feet
3. Rear‐yard 20 feet or 20% of the
lot depth, whichever
is greater. Main
building may
encroach as close as
10 feet to rear lot
line if a useable rear‐
yard setback area of
not less than twenty
times the width of
the lot is
maintained.
20 feet or 20% of
the lot depth,
whichever is
greater.
20 feet or 20% of the
lot depth, whichever
is greater. Main
building may
encroach as close as
10 feet to rear lot
line if a useable
rear‐yard setback
area of not less than
twenty times the
width of the lot is
maintained.
20 feet or 20% of the lot
depth, whichever is
greater.
Additional 10 feet for
floors more than one
story higher than any
adjacent primary
residential structures.
D. Private Outdoor Space
(e.g., – Balconyies, Patio,
Deck) may be provided to
fulfill this standard.
Approximately 20% of each unit’s
gross first‐floor area
10% of each unit’s gross floor area
Minimum Size: 60 square feet per unit
Minimum Clearance: 6 feet clear in any
dimension
E. Second Upper Story Decks and Patios Setbacks
1. Front‐yard ‐ 17 feet N/A N/A
2. Side‐yard ‐ 15 feet N/A N/A
3. Rear‐yard ‐ 20 feet N/A N/A
F. Universal Design
Standards
New multiple‐family development of five or more units shall include:
1. At least one no‐step entry point per building and unit;
2. Interior and exterior doors with 32 inches of clear passage for each unit; and
3. One bathroom for each unit that is able to be maneuvered in a wheelchair per Americans with Disabilities Act standards.
FG. Corner Triangle and
Sidewalk Site Triangle
Shall remain free and clear of all buildings or portions thereof
Table 19.36.070: Building Development Regulations
Projects with up to four units Projects with five or more units GH. Visual Privacy
Intrusion
Minimize privacy intrusion into all or a
significant portion of private outdoor
spaces, or interior spaces through the use
of windowless walls, atria, enclosed
courtyards, and buildings oriented to
public and private streets, or other
techniques which rely upon structural
design rather than mitigation relying
solely upon a landscaping solution.
N/A
IH. Fences Must comply with regulations in Chapter 19.48 JI. Parking No parking shall be permitted in a setback area where the lot adjoins property located in a single‐family (R‐1) zoning district.
Must comply with regulations in Chapter 19.124
K. Access No more than two vehicular entries/exits per street frontage between the residential development and the public right‐of‐way.
L. Improvements and Covenants for Common Area
1. Completion/Bonding Improvement of the common areas shall be completed by the developer and shall be subject to bonding and other procedures in the same manner as required for street improvements by Title 18, Subdivision.
2. Maintenance a. Shall be the responsibility of the property owner or homeowners association to which the common areas are deeded.
b. In the event private roads, driveways, parking areas, walkways, landscaping or buildings are not maintained to applicable City standards, the City may, after notice and advertised public hearing, effect the necessary maintenance, with the cost to be a lien on the property.
3. Declaration of
Covenants,
Conditions and
Restrictions, where
applicable
a. Shall include a clause to ensure that the CC&R’s shall not be modified unless required to by state law, without review of the City,
b. Shall be reviewed by the City Attorney, prior to recordation, to determine its compatibility with the intent and conditions as set forth herein.
4. Articles of
Incorporation and
Other Instruments
Related to
Homeowners’
Association, where
applicable
a. Shall be subject to the review and approval of the City Attorney b. Shall include a clause to indicate that the Association cannot be dissolved without written approval and authorization from the City.
19.38: Multiple‐Family Residential (R‐4) Zones
19.38.010: Purpose
The purpose of this chapter is to provide a zoning district permitting high/very high, very high, and highest density multiple‐family residential uses and to establish the regulations pertaining thereto. These regulations are intended to guide future development and ensure a healthy functional environment for future residents within the proposed development and for adjoining parcels. The R‐4 zoning district may be combined with the townhome (TH) zoning district in accordance with Chapter 19.46.
19.38.020: Applicability of Regulations
A. No building, structure, or land shall be used, and no building or structure shall be hereafter erected, structurally altered, or enlarged in a R‐4 zoning district other than in conformance with the provisions of this chapter and other applicable provisions of this title.
B. Reasonable Accommodation: Notwithstanding 19.38.020(A) above, a request for reasonable accommodation may be made by any person with a disability, when the strict application of the provisions in this chapter acts as a barrier to fair housing opportunities, pursuant to Chapter 19.52.
19.38.030: Permitted, Conditional, and Excluded Uses
Permitted, Conditional, and Excluded Uses on property zoned R‐4, are identified in Section 19.20.020.
19.38.040: Development Plan Required
An application for development on a parcel presently zoned R‐4 shall require submittal of all materials identified in Chapter 19.12. The Community Development Director may establish development plan application requirements beyond those required by Chapter 19.12.
19.38.050: Permit Required for Development
A. No building permit may be issued for development on a parcel presently zoned R‐4 until a development plan is approved as part of a development permit pursuant to Chapters 19.12 and 19.156. Housing development projects on Priority Housing Sites considered by‐right pursuant to state law shall be processed as identified in Chapter 19.12.
B. Signs, landscaping or parking plans and minor modifications to buildings may not be erected, structurally altered, enlarged, or modified without permits pursuant to Chapters
19.12 and 19.168.
19.38.060: Site Development Regulations
Table 19.38.060 sets forth the rules and regulations pertaining to the Development Regulations for the development of property zoned R‐4.
Table 19.38.060 Site Development Regulations
A. Density 1. Maximum as designated in the General Plan.
2. Development on sites with a required minimum density shall meet the minimum density established on the General Plan Land Use map.
B. Minimum Net Lot Area 12,000 square feet
C. Minimum Lot Width (measured at
front building setback line)
70 feet
19.38.070: Building Development Regulations
Table 19.38.070 sets forth the rules and regulations pertaining to the development of multiple‐ family residential structures on property zoned R‐4.
Table 19.38.070: Building Development Regulations
A. Maximum Lot
Coverage
55% of net lot area, unless inconsistent with Section 65913.11.
B. Maximum Height Not to exceed 70 feet
C. Setbacks and Stepbacks
First Floor Upper Floors
1. Front‐yard If located on property
abutting an arterial or
major collector, 35 feet
from face of curb.
All other properties: 12
feet from property line.
If located on property abutting an arterial or
major collector:
Floor 2 and 3: 35 feet from face of curb; and
Floors 4 and above: 18 feet from property
line.
All other properties: 18 feet from property
line
2. Side‐yard
i. Interior side 10 feet 10 feet and
Additional 10 feet for floors more than one
story higher than any adjacent primary
residential structure.
ii. Street side 12 feet
3. Rear‐yard 30 feet Floors 2 and 3: 30 feet; and Floors 4 and above: Additional 15 feet.
D. Private Outdoor
Space (e.g., Balcony,
Patio, Deck)
Minimum Size: 48 square feet per unit
Minimum Clearance: 4 feet clear in any dimension
E. Universal Design
Standards
New multiple‐family development shall include:
1. At least one no‐step entry point per building and unit;
2. Interior and exterior doors with 32 inches of clear passage for each unit; and
3. One bathroom for each unit that is able to be maneuvered in a wheelchair per Americans with Disabilities Act standards.
F. Corner Triangle
and Sidewalk Site
Triangle
Shall remain free and clear of all buildings or portions thereof.
G. Fences Must comply with regulations in Chapter 19.48 H. Parking No parking shall be permitted in a setback area where the lot adjoins property located in a single‐family (R‐1) zoning district.
Must comply with regulations in Chapter 19.124
I. Access No more than two vehicular entries/exits per street frontage between the residential development and the public right‐of‐way.
J. Improvements and
Covenants for
Common Area
See Section 19.36.070(L)
19.46: Townhome (TH) Combining District
19.46.010: Purpose
The townhome (TH) combining district is intended to modify the regulations of the multiple‐ family residential (R‐3 and R‐4) zoning districts to permit townhome development in those districts, primarily in conjunction with multiple‐family development, and to establish specific townhome development standards, upon rezoning to the townhome combining district.
19.46.020: Applicability of Regulations
A. The townhome combining district may only be combined with the R‐3 or R‐4 zoning district, in accordance with Chapters 19.36 and 19.38 of the Zoning Ordinance. The townhome combining district shall apply to properties designated on the zoning map with “TH” following the multiple‐family residential (R‐3 or R‐4) zoning district designation (e.g., R‐3/TH or R‐4/TH. The site development regulations (Section 19.46.060) and building development regulations (Section 19.46.070) established by this chapter shall apply to townhomes in lieu of the comparable provisions established by the underlying R‐3 or R‐4 zoning districts.
B. No townhome(s) shall be erected, structurally altered, or enlarged in a TH combining district other than in conformance with the provisions of this chapter and other applicable provisions of this title.
C. Reasonable Accommodation: Notwithstanding 19.46.020(B) above, a request for reasonable accommodation may be made by any person with a disability, when the strict application of the provisions in this chapter, acts as a barrier to fair housing opportunities, pursuant to Chapter 19.52.
19.46.030: Permitted, Conditional, and Excluded Uses
Permitted, Conditional, and Excluded Uses on property zoned R‐3/TH or R‐4/TH are identified in Section 19.20.020.
19.46.040: Development Plan Required
Development in the townhome combining district shall adhere to the requirements and procedures of the Municipal Code in Chapter 19.12 and those established by the underlying multiple‐family zoning district in Sections 19.36.040 and 19.38.040.
19.46.050: Permit Required for Development
Permitting in the townhome combining district shall adhere to the requirements and procedures established by the underlying multiple‐family zoning district.
19.46.060: Site Development Regulations
Table 19.46.060 sets forth the rules and regulations pertaining to the Development Regulations for townhome development of property zoned R‐3/TH or R‐4/TH.
Table 19.46.060 Site Development Regulations
A. Density 1. Maximum as designated in the General Plan.
2. Development on sites with a required minimum density shall meet the minimum density established on the General Plan Land Use map.
B. Maximum Lot or Air Parcel Width
for each townhome (measured at front
building setback line)
25 feet
19.46.070: Building Development Regulations
Table 19.46.070 sets forth the rules and regulations pertaining to the development of townhome residential structures on property zoned R‐3/TH or R‐4/TH.
Table 19.36.0870: Townhome Building Development Regulations A. Maximum Lot
Coverage
55% of net lot area prior to development
B. Maximum Floor
Area Ratio
85% of net lot area prior to development
C. Maximum
Height
Limited to three stories (not to exceed 30 feet)
D. Setbacks and Stepbacks (Measured from property lines prior to development)
First and Second Floor Third Floor
1. Front‐yard Per underlying multiple‐family zoning district
2. Side‐yard
a. Interior side 6 feet 6 feet and
Additional 10 feet if more than one story higher
than any adjacent primary residential structure.
b. Street side 12 feet
3. Rear‐yard 15 feet
E. Private Outdoor
Space (e.g., Balcony,
Patio, Deck)
See underlying multiple‐family zoning district.
F. Design
Requirements
1. Townhome design visible from or fronting the public right of way shall include at least two of the following features:
a) Front Architectural Feature (e.g., stoop, front porch). b) Stairway with at least three stairs leading to the front entrance. c) Pitched roof with a slope of at least 3:12.
2. Vehicular parking shall not be located along primary frontage.
G. Corner Triangle
and Sidewalk Site
Triangle
Shall remain free and clear of all buildings or portions thereof.
H. Fences See underlying multiple‐family zoning district.
I. Parking Must comply with townhome parking regulations per Chapter 19.124.
J. Access No more than two vehicular entries/exits per street frontage between the residential development and the public right‐of‐way
K. Improvements
and Covenants for
Common Area
Per underlying R‐3 or R‐4 zoning district.
19.50: Emergency Shelters
19.50.010: Applicability of regulations
This chapter establishes the criteria and standards for Emergency Shelters.
19.50.020: Criteria and Standards
A. Permanent Emergency Shelters shall satisfy all of the following requirements:
1. Occupancy is limited to six months in any 12‐month period per occupant.
2. Shelter shall be available to any individual or household regardless of their ability to pay, provided that all other conditions in Section 19.50.020(B) are met.
3. The shelter shall not be located closer than 300 feet to another permitted emergency shelter.
4. The shelter operator shall provide security during hours that the emergency shelter is in operation.
5. The shelter operator shall provide sufficient parking stalls per Section 19.124.040 to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zoning district.
6. The shelter operator shall provide on‐site management and a management plan that details the following:
a. A list of services that are provided to guests.
b. Hours of operation for the shelter, intake, and any other ancillary services provided. c. Number of staff present at any time.
d. Number of shelter beds.
e. Number of parking stalls provided on site.
f. Description and/or floor plan indicating the size and location of the waiting and intake areas.
B. Rotating Emergency Shelters shall satisfy all of the following requirements:
1. Requirements identified in subsection 19.50.020(A)(2‐5).
2. Occupancy is limited to two months in any 12‐month period at any single location.
3. The hours of operation shall not exceed six p.m. to seven a.m.
4. The shelter shall provide on‐site management and a management plan that details the criteria identified in subsection 19.50.020(A)(6).
5. If the shelter is a Safe Car Park, the operator shall in addition, identify:
a. The location of the parking stalls that will be used for program guests. b. Any additional temporary structures placed on the site, such as mobile bathrooms and shower facilities, must be removed when the site is no longer used as a Safe Car Park shelter.
19.50.030: Interpretation
If any portion of this Chapter 19.50 conflicts with State law as mentioned above, or other applicable state law, State law shall supersede this Chapter. Any ambiguities in this section shall be interpreted to be consistent with State law. All code references in this Chapter include all successor provisions.
19.50.040: Applicable Development Regulations and Permits Required Any structure used to provide an emergency shelter shall meet the requirements of the underlying zoning district and shall be reviewed ministerially.
19.76: Public Building (BA), Quasi‐Public Building (BQ), and Transportation (T) Zones
19.76.030: Permitted, Conditional and Excluded Uses in BA, BQ, and T Zones Table 19.76.030 ‐ Permitted, Conditional, and Excluded Uses in BA, BQ, and T Zones Uses Zoning Districts
BA BQ T
2. Rotating homeless shelter provided that the following conditions in Chapter
19.50 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.
‐
P ‐
3. Permanent emergency shelter provided the following conditions in Chapter
19.50 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.
‐ P ‐
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
19.80: Planned Development (P) Zones
19.80.030: Establishment of Ddistricts – Permitted and Cconditional Uuses and Ddevelopment Sstandards.
B. All P districts shall be identified on the zoning map with the letter coding ʺPʺ followed by a specific reference to the general type of use allowed in the particular planned development zoning district. For example, a planned development zoning district in which the uses are to be general commercial in nature, would be designated ʺP(CG).ʺ A planned development zoning district in which the uses are intended to be a mix of general commercial and residential would be designated P(CG, Res) or any combination of residential zoning district such as P(CG, R‐3), P(CG, R‐4), or if combined with the TH combining district, P(CG,R‐3/TH) or P(CG, R‐4/TH).
C. Permitted uses in a P zoning district shall consist of all uses which are permitted in the zoning district referenced following the letter ʺPʺ, unless a conceptual development plan, specific plan, or other zoning plan, further restricts the uses, subject to the limitations of state law. For example, the permitted uses in a P(CG) zoning district are the same uses which are permitted in the CG zoning district. The permitted uses in the P(Res) zoning district are the same uses which are permitted in the type of housing structure that the use is going to occupy (i.e., follow R‐1 permitted uses for single family homes in P(Res) zoning district, follow R‐3 permitted uses in multiple‐family units in P(Res) zoning district). For sites with a mixed‐use residential designation, Section 19.80.030E shall also apply.
E. For sites with a mixed‐use residential designation the following shall apply:
1 For sites in the Monta Vista Village Special Area, residential shall be a permitted use.
2. If a site is listed as a Priority Housing Site in the Cityʹs adopted Housing Element of the General Plan, then residential development that does not exceed the consistent with the maximum and minimum density specifiednumber of units designated for the site in the Housing Element shall be a permitted use.
3. Residential development on sites not designated as Priority Housing Sites in the Cityʹs adopted Housing Element of the General Plan and residential development on a Priority Housing
Site that exceeds the number of units designated for that Priority Housing Site shall be a conditional use, except as provided in subsection 5, below.
3.4. Priority Housing Sites shall be shown on the Cityʹs zoning map.
45. For sites zoned P(R‐3, CG, R‐3), P(CG, R‐3/TH), P(CG, R‐4), or P(CG, R‐4/TH), no conceptual or definitive plans shall be required to establish permitted and conditional uses.
Multiple‐family residential use is the primary permitted use, with all other permitted uses in that residential zoning district allowed as well. Commercial uses may be incorporated into the development on the ground first floor but shall not be the primary permitted use of the structure.
F. The development standards and regulations for residential only and mixed‐use residential projects in a P zoning district shall consist of the following:
1. All relevant development standards and regulations in the General Plan and any adopted specific plan, conceptual development plan, definitive plan, or other zoning plan, and, to the extent not addressed in those plans, all development standards and regulations for the zoning district referenced following the letter ʺ P.ʺ The development standards and regulations for a residential development are those established for the R‐3 or R‐4 zoning districts and/or the TH combining district.
2. In implementing subsection (1) above, mixed‐use projects shall comply with the development standards and regulations in the R‐3 or R‐4 zone and/or the TH combining district, and the referenced zoning district by proposed use. For example, residential portions of the project shall comply with the development standards and regulations in the R‐3, R‐4, and/or TH zoning, whichever is referenced; commercial portions of the project shall comply with the development standards and regulations in the CG zoning, industrial portions of the project shall comply with the development standards and regulations in the ML/MP zoning, whichever is referenced, and office portions of the project shall comply with the development standards and regulations in the OA/OP zoning, whichever is referenced. In the event of any conflicts, the most restrictive standard or regulation shall apply.
19.100: Accessory Buildings/Structures
Table 19.100.030: Site Development Regulations
2. Detached Accessory Buildings/ Structures in R‐1, RHS, A, A‐1, and R‐2, R‐3, R‐4, and TH Zoning Districts (Cont.)
a. In R‐1, RHS, R‐2, A and A‐1 zones:
i. Area of Accessory Buildings/Structures, not
including garage space
Accessory Dwelling Units ‐ Limited to gross building
area as per Section 19.112.030 (A)Chapter 19.112
All others – Limited to development standards in
underlying zoning
19.124: Parking Regulations
19.124.040: Regulations for Off‐Street Parking
R. Parking Space Dimension Chart. Parking space dimensions shall be as shown in Table
19.124.040(A):
Table 19.124.040(A)
Land Use Zones Parking Ratio(2) Bicycle
Parking
Bicycle
Parking
Class(4)
Stall
Dimensions (3)
Residential
Single‐Family R‐1, /RHS,
/ A‐1, or /P 4/DU (2 garage + 2 open)
10 x 20 ea. Small Lot Single‐familyCluster
Ddevelopment, Townhouse R1C or P 2.8/DU (2 garage + 0.8 open)
Duplex R‐2 3/DU (1 ½ enclosed + 1
½ open)
Townhome R‐3/TH, R‐
4/TH, or P
1/DU (covered or
garage)
9.5 x 20 ea.
Medium to Highest Density
Multiple‐Family,
R‐3/, R‐4,
or P
12/DU (1 covered,
structured, + 1or open)
1 space per 2
residential
units; and
Class I
Medium to Highest Density
Multiple Story Condominium
1 space per
10 residential
units
Class II
Public/Quasi‐Public/Agriculture
Churches, Clubs, Lodges,
Theaters BQ or /CG
1/4 seats +1/employee
+1/special‐purpose
vehicle
2% of seats.
Minimum
two spaces
Class II
Uni‐size
Schools and School Offices BA or /BQ
1/employee + 1/56 sq. ft.
multipurpose room + 8
visitor spaces/school +
1/3 students at senior
H.S. or college level
1 space per 5
students Class II
Emergency Shelters
BQ
1/employee 1 space for
every 5 beds Class II
Uni‐size
R‐4 9.5 x 20 ea.
Table 19.124.040(A)
Land Use Zones Parking Ratio(2) Bicycle
Parking
Bicycle
Parking
Class(4)
Stall
Dimensions (3)
Gyms, Auditoriums, floor area
used Skating Rinks for seating
without fixed seats
BA or /BQ 1/56 sq. ft. purposes +
1/employee
1/5,000 sq. ft.
Minimum
two spaces
Class II Uni‐size
Industrial
Office/Prototype
Manufacturing ML or /OA 1/285 sq. ft.
1/1,250 sq. ft.
or 1/15
employees,
whichever is
more
restrictive.
Class I Uni‐size
Office
Corporate/
Administrative/General Multi‐
Tenant
CG or /OP 1/285 sq. ft. 1/1,250 sq. ft.
or 1/15
employees,
whichever is
more
restrictive.
Class I Uni‐size
19.156: Development Permits, Conditional Use Permits, and Variances
19.156.040: Planned Development Permit and Conditional Use Permit – Findings and Conditions
A. The decision maker may grant a planned development permit for projects that are not a housing development project, or a conditional use permit, only if all of the following findings are made:
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;
2. The proposed development and/or use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan, any applicable specific plans, underlying zoning regulations, and the purpose of this title and complies with the California Environmental Quality Act (CEQA).
B. The decision maker may grant a development permit for a housing development project only if all of the following findings are made:
1. The proposed residential development and/or use will be located and conducted in a manner consistent with any applicable Government Code requirements, the Cupertino General Plan, any applicable specific plans, and underlying zoning regulations of the Municipal Code, and complies with the California Environmental Quality Act (CEQA).
2. Notwithstanding subsection 19.156.040B(1), the Director of Community Development may deny a housing development project proposed under this Section with a written finding based upon a preponderance of evidence, that the proposed housing development project would have a specific adverse impact, as defined and determined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
19.168: Architectural and Site Review
16.168.030: Findings
B. For housing developments eligible for by‐right approval as defined by Govt. Code section 65583.2(i), low‐barrier navigation centers and supportive housing projects with up to 50 units, the following findings must be made:
1. The project is consistent with any applicable Government Code requirements, the Cupertino General Plan, any applicable specific plans, all objective Municipal Code requirements, and objective design standards.
2. Notwithstanding subsection 19.168.030B(1), the Director of Community Development may deny a housing development project proposed under this Section with a written finding based upon a preponderance of evidence, that the proposed housing development project would have a specific adverse impact, as defined and determined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
14.15: Landscape Ordinance
14.15.020: Applicability
Table 14.15.020
Type of Permit Total
Landscape
Area
Requirement
Planning Permit or Grading Permit
Commercial, industrial, office,
multiple‐family residential,
townhome, public and
institutional projects
<2,500 s.f. Prescriptive Compliance Application (Appendix A) or Landscape Documentation Package (Sec. 14.15.050)
>2,500 s.f. Landscape Documentation Package (Sec. 14.15.050)
17.04: Standard Environmental Protection Requirements
17.04.050: Standard Environmental Protection Permit Submittal Requirements.
A. Air Quality Technical Requirements
1. Control Diesel Particulate Matter from Non‐Residential Projects During Operation.
Applicants for new non‐residential land uses within the city that either have the potential to generate 100 or more diesel truck trips per day or have 40 or more trucks with operating diesel‐ powered Transport Refrigeration Units (TRUs), or and are within 1,000 feet of a sensitive land use (e.g., residential, schools, hospitals, nursing homes), as measured from the property line of the project to the property line of the nearest sensitive use, shall:
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