Staff ReportPC11-14-23
PLANNING COMMISSION STAFF REPORT
Meeting: November 14, 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 Planning Commission adopt the draft resolution (Attachment 1) recommending
that the City Council adopt an ordinance to:
1. Find that the proposed actions are exempt from the California Environmental
Quality Act (CEQA) and CEQA Guidelines; and
2. 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 of 2021, the City has taken in 98 Two‐Story Permit applications1,
1 39 Two‐story permits have been received in 2023.
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 their homes. All applications for new two‐story residences or
additions to existing single‐family 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 3.
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.
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.
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.
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
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 structures shall not have any mechanical, heating or cooling or
associated piping installed on the roof.
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 reinforce the mandatory
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 within a half a mile walking
distance of a major transit stop or corridor, and 25 feet if it’s attached to a principal
dwelling unit.
Allowance for a second story on attached or detached ADUs if located within a
half a mile walking distance of a major transit stop or corridor.
Non‐Streamlined ADUs
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:
Allowance for heights of 18 feet for a detached ADU within a half a mile of transit,
and 25 feet if it’s attached to a principal dwelling unit.
Allowance for second story on attached or detached ADU if located within a half
a mile walking distance of a major transit stop or transit corridor.
ENVIRONMENTAL ASSESMENT
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. 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.
PUBLIC NOTICING & OUTREACH
The following noticing has been conducted for this project:
Notice of Public Hearing, Site
Notice & Legal Ad
Agenda
Legal ad placed in newspaper
(at least 10 days prior to hearing)
Display ad placed in newspaper
(at least 10 days prior to hearing)
Posted on the Cityʹs 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
No comments have been received.
NEXT STEPS
The recommendations made by the Planning Commission will be forwarded to the City
Council for consideration at the December 5, 2023, meeting.
Prepared by: Gian Paolo Martire, Senior Planner
Reviewed by: Luke Connolly, Assistant Director of Community Development
Approved by: Benjamin Fu, Director of Community Development
ATTACHMENTS
1. Draft Resolution
2. CA Govt. Code Sections 65852.2 and 65852.22