ORDINANCE NO. 26-2286
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO TO AMEND MUNICIPAL CODE CHAPTER 19.08 (DEFINITIONS)
The City Council of the City of Cupertino finds that:
1. The City Council of the City of Cupertino held a duly noticed public hearing on October 6, 2026, 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 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 October 6, 2026 and ENACTED at a regular meeting of the Cupertino City Council on October 6, 2026 by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN
SIGNED:
Kitty Moore, Mayor City of Cupertino Date
ATTEST:
Lauren Sapudar, City Clerk Date
APPROVED AS TO FORM:
Floy Andrews, City Attorney Date
ATTACHMENT A - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO TO AMEND
MUNICIPAL CODE CHAPTER 19.08 (DEFINITIONS)
19.08.030 Definitions.
"Attic" means an area between the ceiling and roof of a structure, which is unconditioned (not heated or cooled) and uninhabitable of any story and roof of a structure that does not have operable windows or permanent stairs, directly from the floor below, and is unfinished, unconditioned (not heated or cooled), and not habitable.
"Garage, Residential" means an accessory building (completely enclosed) or an attached building used primarily for the storage of motor vehicles a completely enclosed space for the storage of motor vehicles that serves a single-family home, townhome, duplex, triplex, or residential unit. A residential garage shall be located on a single floor within the primary structure or a detached accessory structure. “Garage, residential” does not include any structured parking facilities or facilities which incorporate drive aisles, and/or turning or maneuvering area for motor vehicles.
“Square footage,” for the purpose of applicability of state law to a development project, means the total area measured from the exterior surface of the exterior walls of all primary and accessory structures. Each floor of a structure shall be included. Areas that are not enclosed by walls must be included if they fall within the horizontal projection of both the roof above and the floor below. Square footage excludes attics and all underground spaces, including underground parking facilities. In a mixed-use development, square footage shall be attributed to residential or non-residential use based on a detailed description of each area’s specific function. Areas accessible to both residential and non-residential uses (such as shared elevators, hallways, or lobbies) shall be allocated proportionally based on the ratio of exclusively residential to exclusively non-residential square footage within the development.