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ATTACHMENT C - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CUPERTINO TO AMEND
MUNICIPAL CODE CHAPTER 19.08 (DEFINITIONS)
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.
1. Amendments to Title 19 concerning Land Use
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.