2022 S-86 SupplementCUPERTINO, CALIFORNIA
Instruction Sheet
2022 S-86 Suppletnent
REMOVE OLD PAGES INSERT NEW PAGES
Title Page Title Page
TITLE 1.8: SUBDIVISIONS
19 through 22 19 through 22
TITLE 19: ZONING
6A through 12
19, 20
25 through 32
47 through 52
65, 66
81 through 90
193, 194
194C, 194D
6A through 12
18A through 20
25 mough 32
47 through 52B
65 through 66F
81 through 90D
193, 194
194C, 194D
COMPREHENSIVE ORDINANCE LIST
47, 48 47, 48
!NDEX
29, 30
37, 38
45, 46
29, 30
37, 38
45, 46
kgw
03/2022
CITY OF CUPERTINO, CALIFORNIA
MUNICIPAL CODE
S-86 Supplement con'i"iins:
Local legislation current through Ordinance 22-2238, passed 2-1-2022
COPYRIGHT @ 2022
AMERICAN LEGAL PUBLISHING CORPORATION
18.20.010
CHAPTER 18.20: PARCEL MAPS (FOUR OR LESS PARCELS)
Section
Article I. Tentative Parcel Map.
18.20.010 Form and content.
18.20.020 Submittal to Department of
Community Development.
18.20.030 Review and notice of public
hearings.
18.20.040 Approval-Required findings.
18.20.050 Denial upon certain findings.
18.20.060 Appeals.
18.20.070 Appeals of decisions-Procedure.
18.20.080 Expiration and extensions.
8.20.090
8.20.100
8.20.110
8.20. 120
8.20. 130
8.20. 140
8.20.150
8.20.160
8.20.170
Article II. Parcel Maps.
General.
Survey required.
Form and contents.
Preliminary submittaIl.
Review by City Engineer.
Approval by City Engineer.
Filing with the County Recorder.
Waiver of parcel map requirements.
Ministerial approval of urban lot
splits.
Article I. Tentative Parcel Map.
18.20.010 Form and Content.
The tentative parcel map shall be clearly and legibly
drawn on one sheet in a manner acceptable to die
Department of Community Development, shall be prepared
by a registered civil engineer or licensed land surveyor, and
shall contain such information as required by the
Department of Community Development.
(Ord. 2085, tj2 (part), 2011; Ord. 1384, Exhibit A (part),
1986)
18.20.020 Submtttal to Department of Community
Development.
Any person making a division of land for which a
parcel map is required shall, in accordance with the
provisions of this chapter, file an application, together with
copies of the map, plan checking deposits and review fees as
may be required.
(Ord. 2085, 8, 2 (part), 2011; Ord. 1384, Exhibit A (part),
1986)
18.20.030 Review and Notice of Public Hearings.
A. Upon receipt of a valid application by the
Department of Cornrnunity Development, the Director of
Community Development shall set the matter for public
meeting. At least ten calendar days before the public
meeting, he or sl'ie shall cause notice to be given of the time,
date and place of such liearing including a general
explanation of the matter to be considered and a general
description of the area affected, and the street address, if
any, of tl'ie property involved.
B. The notice shall be published at least once in a
newspaper of general circulation, published and circulated
in the City.
C. In addition to notice by publication, the City shall
give notice of the hearing by mail or delivery to all persons,
including businesses, corporations or other public or private
entities, shown on the last equalized assessment roll as
owning real property within tlu:ee hundred feet of the
property whicl'i is the subject of the proposed change.
D. In addition, in the case of a proposed conversion
of residential real property to a condominium, comtnunity
apartment or stock cooperative project, notice shall be given
as required by Section 66427. 1 of the Map Act.
E. In addition, notice shall be gisien by first class
mail to any person who has filed a written request with the
Department of Community Development. The City may
impose a reasonable fee on persons requesting such notice
for the puipose of recovering the cost of such mailing.
F. Substantial compliance with these provisions
therewith to notice shall be sufficient and a teclu'iical failure
to con'iply shall not affect the validity of any action taken
pursuant to the procedures set forth in this chapter.
G. The Director of Community Development shall
approve or deny Lhe tentative parcel map within fifty days
after the tentative parcel map has been accepted for filing.
H. If no action is taken by the City within the time
limit as specified, the tentative map as filed shall be deemed
to be approved, insofar as it complies with other applicable
provisions of the Map Act, this title and all local ordinances,
and it shall be the duty of the City Clerk to certify the
approval.
(Ord. 2085, § 2 (part), 2011; Ord. 1384, ExhibitA (part),
1986)
2022 S-86 19
18.20.040 Cupertino - Subdivisions 20
18.20.040 Approval-Reqwed Findings.
A. In approving or conditionally approving the
tentative parcel map, the Director of Community
Development shall find that the proposed subdivision,
together withits provisions for its design andimprovements,
IS:
1. Consistent with applicable general or specific
plans adopted by the City and
2. Designed for future passive solar in accordance
with Goyernment Code Section 66473.1.
B. The Director of Community Development may
modify or delete any of the conditions of approval
recommended in the Department of Community
Development's report, except conditions required by City
ordinance, related to public health and safety or standards
required by the City Engineer, or impose additional
requirements as a condition of approval.
(Ord. 2085, § 2 (part), 2011; Ord. 1384, ExhibitA (part),
1986)
18.20.050 Denial Upon Certain Findings.
A. The tentative parcel map may be denied by the
Director of Community Development on any of the grounds
provided by City ordinance or the Map Act.
B. The Director of Community Development shall
deny approval of the tentative parcel map if it makes any of
the fonowing findings:
1. That the proposed map is not consistent with
applicable general and specific plans;
2. That the design or improvement of the proposerl
subdivision is not consistent with applicable general and
specific plans;
3. Thatthesiteisnotphysicallysuitableforthetype
of development;
4. That the site is not physically suitable for the
proposed density of development;
5. Thatthedesignofthesubdivisionortheproposed
improvements is likely to cause substantial environmental
damage or substantially and avoidably injure fish or wildlife
or their habitat;
6. That the design of the subdivision or the type of
improvements is likely to cause serious public health
problems;
7. That the design of the subdivision or the type of
improvements wffl conflict widi easements, acquired by the
public at large, for access through or use of, property within
the proposed subdivision. In this connection, the Director of
Community Development may approve a map if it finds that
alternate easements for access or for use wffl be provided,
and that these wffl be substantially equivalent to ones
previously acquired by the public.
(Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part),
1986)
18.20.060 Appeals.
A. Any interested person adversely affected by any
action by the Director of Community Development with
respect to the tentative map may, within fourteen days of the
Director of Community Development's decision, appeal the
action to tlie Plaiu'iing Commission in accordance with
Section 18.20.070.
B. If an appeal is not filed, the Director of
Community Development's decision shall be final.
(Ord. 2085, § 2 (pan), 2011; Ord. 1384, Exhibit A (part),
1986)
18.20.070 Appeals of Decisions-Procedure.
The Planning Commission shall consider the appeal
within thirty days. This appeal shall be a public hearing with
notice being given pursuant to Section 18. 16.040, and with
additional notices to be given to the subdivider and to the
appellant. Upon conclusion of the public hearing, the
Planning Commission shall within seven days declare its
findings. The Planning Commission may sustain, modify,
reject, or overrule any recommendations or rulings of the
Director of Community Development and may make such
findings as are not inconsistent with the provisions of this
title or the Map Act. The decision of the Planning
Commission is final unless appealed to the City Council.
The provisions and procedures for appeals to the City
Council shall be pursuant to this section.
(Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part),
1986)
18.20.080 Expiration and Extensions.
A. The expiration of a tentative parcel map and any
extensions granted thereon are governed by the provisions
relating to the expiration and extensions of tentative
subdivision maps as described in Sections 18.16.090 and
18. 16. 100.
B. Director of Community Development Action.
Upon receipt of an application for extension of a parcel
map, the Director of Community Development shall review
ilie request and either approve or deny the application. The
Director of Community Development shall endeavor to
forward a report to the Planning Commission and the City
Council about his or her decision. If the Director of
Community Development denies a subdivider's application
for extension, an appeal may be filed pursuant to Section
18.20.060.
(Ord. 2085, § 2 (part), 2011; Ord. 1433, (part), 1988; Ord.
J384, Exhibit A (part), 1986)
(l
2012 S-31
21 Pareel Maps (Four or Less Parcels)18.20.090
Article II. Parcel Maps.
18.20.090 General.
The form and contents, submittal, approval and ffling
of parcel maps shall conform to the provisions of this article
and the Map Act.
(Ord. 2085, § 2 (part), 2011; Ord. 1384, ExhibitA (part),
1986)
18.20.100 Survey Requtred.
An accurate and complete survey of the land to be
subdivided shall be made by a registered civil engineer or
licensed land surveyor. All monuments, property lines,
centerlines of streets, alleys and easements adjoining or
within the subdivision shall be tied into the survey.
The allowable error of closure on any pomon of the
parcel map shall not exceed one part in ten thousand for
field closures and one part in twenty thousand for calculated
closures.
(Ord. 2085, el2 (part), 2011; Ord. 1384, Exhibit A (part),
1986)
18.20.110 Form and Contents.
A. The form and contents of the parcel map shall
conform to final map form and content requirements as
specified by Article n of Chapter 18.16 of this title and as
modified herein.
B. Certificates shall be in accordance with Section
66449 of the Government Code with the addition of the
ttustee's certificate according to Section 18.16.150(C).
C. Lots shall be designated by letters commencing
with A.
(Ord. 2085, e;, 2 (part), 2011; Ord. 1384, Exhibit A (part),
1986)
18.20.I20 Preliminary Subnnittal.
A. The subdivider shall submit three sets of prints of
the parcel map to ihe City Engineer for checking. 'I'l'ie
preliiniiiary prints shall be accompanied by two copies of the
data, plans, reports and documents as required for final
maps by Section 18.16.160, and as modified l'ierein.
B. The City Engineer may waive any of the
requirements upon f'inding that the location and nature of the
proposed subdivisionis such as notto necessitate compliance
with ffie requirements of Article n of Chapter 18. 16.
C. Any additional information or documents required
shall be as specified with the conditions of approval of the
tentative map.
(Ord. 2085, 8, 2 (part), 2011 ; Ord. 1384, Exhibit A (part),
1986)
18.20.130 Review by City Engineer.
The City Engineer shall review the parcel map and the
subdivider's engineer shall make corrections and/or
additions until the map is acceptable to the City Engineer.
(Ord. 2085, Ffi 2 (part), 2011; Ord. 1384, Exhibit A (part),
1986)
18.20.140 Approval by City Engineer.
Upon receipt of an approved print, the subdivider shall
submit the original tracing of the revised map, prepared in
accordance with the Map Act and this title and corrected to
its final form, and signed by all parties required by the Map
Act and this title to execute the certificates on the map, to
the City Engineer.
(Ord. 2085, S, 2 (part), 2011; Ord. 1384, Exhibit A (part),
1986)
18.20.150 Filing with the County Recorder.
The City Clerk shall transmit the approved parcel map
directly to the County Recorder.
(Ord. 2085, § 2 (part), 2011 ; Ord. 1384, Exhibit A (part),
1986)
18.20.160 Waiver of Parcel Map Requirements.
A. The City Engineer, upon concurrence of the
Director of Community Development, may waive the parcel
map requirement for division of real property or interests
therein created by probate, eminent domain procedures,
partition, or other civil judgments or decrees.
B. Upon waiving the parcel map requirement, a plat
map, in a form as required by the City Engineer shall be
required for lot line adjustments, mergers, certificates of
compliance and parcel map waivers.
C. Upon waiving the parcel map requirement, the
City Engineer shall also cause to be filed with the County
Recorder a Certificate of Compliance for the Iand to be
divided.
D. A parcel map waived by the City Engineer may
be conditioned to provide for payment of parkland,
drainage, and other fees as required by City ordinances or
resolutions.
(Ord. 2085, 8, 2 (part), 2011; Ord. 1384, Exhibit A (partl
1986)
18.20.170 A'IinisterialApprovalofUrbanLotSplits.
A. The Director of Community Development shall
ministerially approve a parcel map application for an urban
lot split if it meets the reqriirements of Government Code
Section 66411.7 and conforms to all applicable objective
requirements of the SubdivisionMap Act (commencing with
Government Code Section 66410). No public hearing shall
2022 S-86
18.20.170 Cupertino - Subdivisions 22
be required. Notice shall be provided to adjacent property
owners (including those across any public or private street)
fourteen days prior to any action on the proposed project.
The decision of the Director of Community Development
shall be final.
B. The Director of Community Development shall
require an urban lot split pursuant to this section to comply
with objective zoning standards, objective subdivision
standards, and objective design review standards applicable
to the parcels created by pursuant to this Section, to the
extent that such standards do not conflict with Government
Code Section 66411.7, including but not limited to the
objectiye subdivision standards in Paragraph G.
C. Notwithstanding Paragraph A, the Director of
Community Development may deny an urban lot split
proposed pursuant to this Section, if the Building Offieial
makes a written finding, based upon a preponderance of the
evidence, that any housing development project proposed in
connection with the lot split would have a specific, adverse
impact, as defined and determined Section 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.
D. In addition to any other conditions established in
accordance with this Section, the Director of Comniunity
Development may require any of the following conditions
when considering an application for a parcel map for an
urban lot split pursuant to this Section:
1. Basements required for the provision of public
services and facilities.
2. A requirement that the parcels have access to,
provide access to, or adjoin the public right-of-way.
E. Any lot created pursuant to this Section shall be
limited to residential uses.
F. Grading. Grading activity sliall not result in a
change in the natural grade by more than 6-incites from
existing natural grade, as demonstrated by a grading and
drainage planprepared by a registered civil engineer, unless
required to by the City Engineer;
G. Anapplicantforalotsplitshallprovideproofthat
the property has not been occupied by a renter in the three
years preceding the application to the satisfaction of the
Director of Community Development.
H. AnapplicantforalotsplitpursuanttothisSection
shall sign an affidavit stating that the applicant intends to
occupy a housing unit on one of the lots created as ffieir
principal residence for a minimum of three years from the
date of the approval of the urban lot split; provided,
however, that this Paragraph shall not apply to an applicant
that is a community land trust, as defined in Revenue and
Taxation Code Section 402.1(a)(11)(C%ii), or is a qualified
nonprofitcorporation, as described inRevenue andTaxation
Code Section 214.15.
I. Objective Subdivisions Standards for Miriisterially
Approved Lot Splits. In addition to any applicable objective
subdivision standards in this Title or the Subdivision Map
Act and the requirements of Government Code Section
66411.7, a lot split approved pursuant to this Section must
comply with the objective subdivision standards to the
maximum extent permissible under Government Code
Section 66411.7, including but not limited to objective
standards for ministerial lot splits set forth in Sections
19.28.050 and 19.40.050.
J. This Section shall remain in effect until sucli time
as Government Code Section 664il.7 is repealed or
superseded or its requirements for ministerial approval of lot
splits are materially amended, whether by legislation or
initiative, or are held to be unenforceable by a court of
competent jurisdiction, at which time this Section shall
become null and void.
(Ord. 22-2238, § 3.1, 2022; Ord. 21-2235, § 3.1, 2021)
2022 S-86
6A Definitions 19.08.030
"Amusementpark" means a commercial facility which
supplies various forms of indoor and outdoor entertainment
and refreshments.
Animal:
1. Animal,Adult."Adultanimal"meansanyanimal
four months of age or older.
2. Animal, Large. "Large animal" means any
equine, bovine, sheep, goat or swine or similar domestic or
wild animal, as determined by the Planning Commission.
3. Animal, Small. "Small animal" means animals
which are commonly found in single-family residential areas
such as chickens, ducks, geese, rabbits, dogs, cats, etc.
"Animal care" means a use providing grooming,
housing, medical care, or other services to animals,
ineluding veterinary services, animal hospitals, overnight or
short-term boarding ancillary to veterinary care, indoor or
outdoor kennels, and similar services.
"Apamnent" means a room or a suite of two or more
rooms which is designed for, intended for, and occupied by
one family doing its cooking there.
"Apamnent house" means a building designed and
used to house three or more families, living independently
of each other.
"Apartment project" means a rental l'iousing
development consisting of two or more dwelling units.
"Approval Body" means the Director of Comn'iunity
Development and his/her designee, the Planning
Commission or City Council depending upon context.
"Architectural feature" means any part or
appurtenance of a building or stnicture which is not a
portion of the living area of the building or structure.
Examples include: cornices, canopies, eaves, awnings,
fireplaces, or projecting window elements. Patio covers or
any projection of the floor area shall not constitute an
arcl'utectural projection.
"Architectural projection," for purposes of tbe Sign
Ordinance, means any pennanent extension from the
structure of a building, including the likes of canopies,
awnings and fascia.
"Atrium" means a courtyard completely enclosed by
walls and/or fences.
"Attic" means an area between tlie ceiling and roof of
a stnicture, which is unconditioned (not heated or cooled)
aria uninhabitable.
"Automoive service station" means a use proyiding
gasoline, oil, tires, small parts and accessories, and serstices
incidental thereto, for automobiles, light trucks, and similar
motor vehicles. Automotive maintenance and repair (minor)
may be conducted on the site. The sale of food or grocery
items on the same site is prohibited except for soft drinks
and snack foods, either from automatic vending machines or
from shelves. The sale of alcoholic beverages on the site is
governed by Chapter 19. 132, Concurrent Sale of Alcoholic
Beverages and Gasoline.
"Automotive repair and maintenance (minor)" means
the supplying of routine automotive services such as
lubrication, engine tune-ups, smog certificates, servicing of
tires, brakes, batteries and similar accessories, and minor
repairs involving engine accessories. Any repair which
requires the engine, drive train, transmission assembly,
exhaust system, or drive train parts to be removed from a
motor vehicle or requires the removal of internal pans shall
not be considered minor. Body and paint shop operations are
not minor reparrs or mau'itenance.
"Average slope" means the ratio between vertical and
horizontal distance expressed in percent; ffie mathematical
expression is based upon the formula described below:
s
L
I
A
l"Ix L. x 100-'J
S=I I-., A !
= Average slope of ground in percent;
= Combined length in feet of all contours on parcel;
Contour interval in feet;
= Area of parcel in square feet.
B. "B" Definitions:
"Banks" means financial institutions including
federally-chartered banks, savings and loan associations,
industrial loan companies, and credit unions providing retail
banking services to individuals and businesses. This
classification does not include payday lending businesses or
check cashing businesses. The term "payday lending
business" as used herein means retail businesses owned or
operated by a "licensee" as that term is defined in California
Financial Code Section 23001(d), as amended from time to
time. The term "check cashing business" as used herein
means a retail business owned or operated by a "check
casher" as that term is defined in California Civil Code
Section 1789.31 as amended from time to time.
"BasemenC' means any floor below the first story in a
building that is fully submerged below grade except for
lightwells required for light, ventilation and emergency
egress. A basement may have a maximum exterior wall
height of two feet between natural grade and ceiling.
"Bay window" means a projecting window element
that is not an extension of the floor area and does not
incorporate any useable space for seating or other purposes.
"Bird-safe design" means wheri building design, site
planning, design features, materials, exterior and interior
lighting, are designed and developed to reduce hazardous
conditions for birds.
"Bird-safe development" means development that
incorporates bird-safe design and bird-safe treatment.
"Bird-safe treatment" means treatment to glass that
provides visual cues to birds and reduce the likelihood of
bird collisions.
2022 S-86
19.08.030 Cupertino - Zoning 6B
"Bird-sensitive area", for purposes of Chapter 19. 102,
Glass and Lighting Standards, means parcels that are in or
within 300 feet of the Wildland Urban Interface; within 300
feet of uiatercourses; in Residential Hillside areas; and
within 300 feet of public and private, open spaces and parks
tliat are dominated by vegetation, including vegetated
landscaping, forest, meadows, grassland, or wetlands.
"Block" means any lot or group of contiguous lots
bounded on all sides by streets, railroad rights-of-way, or
waterways, and not traversed by any street, railroad
right-of-way or waterway.
"Boarding house" means any building used for the
renting of rooms or providing of table board for from three
to five persons, inclusive, over the age of sixteen years, who
are not members of the same family.
"Building" means any structure used or intended for
supporting or sheltering any use or occupancy when any
portion of a building is completely separated from every
other portion by a "Fire Barriel' as defined by the
California Building Code, then each portion shall be deemed
to be a separate building.
1. "Atiached building" means buildings which are
structurally connected by any strucffiral members or wall,
excluding decks, patios or fences.
"Building coverage" means that portion of the net lot
area encompassed within the outermost wall line which
defines a building enclosure.
"Building frontage" means the Iength or the surface of
the building wall which faces, and is visible to the general
public from, a private or public right-of-way or driveway.
"Business" or "commerce" means the purchase, sale
or other transaction involving the handling or disposition of
any article, substance or commodity for profit or livelihood,
including, in addition, office buildings, offices, shops forthe
sale of personal services, garages, outdoor advertising signs
and structures, hotels and motels, and recreational and
amusement enterprises conducted for profit.
"Business or trade school" means a use, except a
college or university, providing education or training in
busiriess, commerce, language, or similar activity or pursuit,
and not otherwise defined as a home occupation.
C. "C" Definitions:
"Canopy" means any roof-like structure, either
attached to another structure or freestanding, or any
extension of a roof line, constructed for the purpose of
protection from the elements or aesthetic purposes in
connection with outdoor living.
"Car shelter" means a roofed stmcme or a part of a
building not enclosed by walls, intended and designed to
accommodate one or more vehicles.
"Caretaker" means a person or persons employed for
the purpose of protecting the principal use of the property or
structure.
"Centerline" means the centerline as established by the
County Surveyor of Santa Clara County, the City Engineer,
or by the State Division of Highways of the State of
California.
"Changeable copy sign" means any sign, or portion,
which provides for each manual changes to the visible
message without changing structural surfaces, including the
likes of theater marquees and gasoline service station price
signs, but excluding electronic reader board signs and signs
which display the current time or temperature.
"Change of face" means any changes to the letter style,
size, color, background, or message.
"Change of use" means the replacement of an existing
use by a new use, or a change in the nature of an existing
use, but not including a change in ownership, tenancy or
management where the previous nature of the use, line of
business, or other function is substantially unchanged.
"Child" means aperson who is under eighteen years of
age.
"Child day care facility" means a facility, licensed by
the State or County, whicli provides non-medical care to
children in need of personal services, supervision, or
assistance essential for sustaining the activities of daily
living or for the protection of the individual on less than a
twenty-four-hour basis. Child day care facility includes day
care centers, employer sponsored child-care centers and
family day care homes.
"Church" means a use providing facilities for
organized religious worship and religious education
incidental thereto, but excluding a private educational
facility. A property tax exemption obtained pursuant to
Section 3(f) of Article XIII of the Constitution of the State
of California and Section 206 of the Revenue and Taxation
Code of the State of California, or successor legislation,
constitutes prima facie evidence that such use is a churcli as
defined in this section.
"College" or "university" means an educational
institution of higher learning which offers a course of studies
designed to culminate in the issuance of a degree or defined
by Section 94110 of the Education Code of the State of
California, or successor legislation.
"Collocation" means theplacementofaerials andother
facilities belonging to two or more communication service
providers on a single mast or building.
2022 S-86
7 Definitions 19.08.030
"Commercial recreation" means a use providing
recreation, amusement, or entertainment services, including
theaters, bowling lanes, billiard parlors, skating arenas, and
similar services, operated on a private or for-profit basis,
but excluding uses defined as outdoor recreation services.
"Community center" means aplace, stmcture, area, or
other facility used for and providing religious, fraternal,
social and/or recreational programs generally open to the
public and designated to accommodate and serve a
significant segment of the community.
"Commercial district," for purposes of the Sign
Ordinance, meansanareaoflanddesignatedforcommercial
use in the current Cupertino General Plan.
"Commoninterest development" means the following,
all definitions of which are based upon Civil Code Section
4100 or subsequent amendments:
1. A condominium project,
2. A community apartment project,
3. A stock cooperative, or
4. A planned development.
"Community organization" means a nonprofit
organization based in the City and whose activities benefit
the City, its residents, employees, or businesses.
"Concession' means a benefit offered by the City to
facilitate construction of eligible projects as defined by the
provisions of Chapter 19.56, Density Bonus. Benefits may
include, bct are not limited to, priority processing, fee
deferments and waivers, granting of variances, and
relaxation of odierwise applicable permit conditions or other
concessions required by law.
"Condominium conversion" or "Conversion" means a
change in the type of ownership of a parcel (or parcels) of
land, together with the existing attached structures, to that
definedas a commoninterest development, regardless of the
present or prior use of such land and stnuctures and whether
substantial improvements have been made or are to be made
to such stnucture.
"Condominium project" or "project" includes the real
property and any stnictures thereon, or any structures to be
constructed thereon, which are to be divided into
condominium ownership.
"Condominium units" or "units" means the individual
spaces within a condominium project owned as individual
estates.
"Congregate residence" 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, hotels or lodging houses.
"Convalescent facility" means a use other than a
residential care home providing inpatient services for
persons requiring medical attention, but not proyiding
surgical or emergency medical services.
"Convenience market" means a use or activity that
includes the retail sale of food, beverages, and small
personal convenience items, including sale of food in
disposable containers primarily for off-premises
consumption, and typically found in establishments with
long or late hours of operation and in relatively small
buildings, but excluding delicatessens and other specialty
food shops and establishments which have a sizable
assortment of fresh fruits, vegetables, and fresh-cut meats.
"Corner triangle" means a triangular-shaped area
bounded by the following, unless deemed otherwise by the
City Engineer:
1. The intersection of the tangential extension of
front and street side property lines as formed by the
intersection of two public rights-of-way abutting the said
property lines; and
2. The third boundary of the triangular-shaped area
shall be a line connecting the front and side property lines at
a distance of forty feet from the intersection of the tangential
extension of front and side property lines.
"Corner triangle," for purposes of the SignOrdinance,
means a triangular-shaped area of land adjacent to an
intersection of public rights-of-way, as further defined in
Cupertino Standard Details Drawings Nos. 7-2 and 7-4.
(See Appendix A, Cupertino Standard Detail 7-2; Corner
Triangle-Controlled Intersections and B, Cupertino
Standard Detail 7-4; Corner Triangle-Uncontrolled
Intersections for details.)
"Court' means an open, unoccupied space, other than
a yard, on the same lot with a building or buildings and
which is bounded on two or more sides by such building or
buildings, including the open space in a house court or court
apartment providing access.
"Covered parking" means a carport or garage that
provides full overhead protection from the elements with
ordinary roof coverings. Canvas, lath, fiberglass and
vegetation are not ordinarily roof coverings and cannot be
used in providing a covered parking space.
D. "D" Definitions:
"Day care center" means any child day care facility,
licensed by the State or County, other than a family day care
home, and includes infant centers, preschools, and extended
day care facilities.
2022 S-86
19.08.030 Cupertino - Zoning 8
Day Care Home, Family. "Family day care home"
means a home, licensed by the State or County, which
regularly provides care, protection and supervision for
founeep or fewer children, in the child care provider's
primaiy residence, for periods of less than twenty-four
hours per day, while the parents or guardians are away, and
includes the following:
1. "Large-family day care home," which means a
home which provides family day care for seven to fourteen
children, inclusive, including children under the age of ten
years who reside at the home, as set forth in the California
Health and Safety Code Section 1597.465;
2. "Small-family day care home," which means a
home which provides family day care to eight or fewer
children, including children under the age of ten years who
resides at the home, as set forth in the California Health and
Safety Code Section 1597.44.
"Decorative statuary," for purposes of the Sign
Ordinance, means any structure or device of any kind or
cliaracter placed solely for aesthetic purposes and not to
promote any product or service.
"Demonstrated safety" means a condition requiring
protection from the threat of danger, liarm, or loss,
including but not limited to the steepness of a roadway or
driveway that may create a hazardous parking situation in
front of a gate.
"Demonstrated security" means a condition requiring
protection from the potential threat of danger, harm or loss,
including but not limited to a location that is isolated and
invisible from public view or that has experienced
documented burglary, theft, vandalism or trespassing
incidences.
"Density bonus" means a density increase over the
otherwise maximum allowable residential density in
accordance with the provisions of Chapter 19.56 as of the
date of the project application.
"Developer" means the owner or subdivider with a
controlling proprietary interest in the proposed common
interest development, or the person or organization making
application, or a qualified applicant who has entered into a
developmentagreementpursuanttotheprocedures specified
in Chapter 19. 144.
"Development agreement" means a development
agreen'ient enacted by legislation between the City and a
qualified applicant pursuant to Government Code Sections
65864 tlu'ough 65869.5.
"Development standard" means a site or construction
regulation, including, but not limited to, a setback
requirement, a floor area ratio, and onsite open-space
requirement, or a parking ratio that applies to a development
pursuant to any ordinance, general plan element, specific
plan, charter, or other local condition, law, policy,
resolution, or regulation.
"District" means a portion of the property within the
City within which certain uses of land, premises and
buildings are permitted and certain other uses of land,
premises and buildings are prohibited, and within which
certain yards and other open spaces are required and certain
building site areas are established for buildings, all as set
forth and specified in this title.
"Drinking establislunent" means an activity that is
primarily devoted to the selling of alcoholic beverages for
consumption on the premises.
"Drive-throughestablishment" means anactivity where
a portion of retailing or the provision of service can be
conducted without requiring the customer to leave his or her
Car.
"Driveway" means any driveway that provides direct
access to a public or private street.
Driveway, Curved. "Curved driveway" means a
driveway with access to the front property line which enters
the garage from the side at an angle of sixty degrees or
greater to the front curbline and which contains a functional
twenty-foot-deep parking area that does not overhang the
front property line.
"Duplex" means a residential development, on a lot
under one ownership, containing not more than two
kitchens, designed and used as two attached or detached
primary dwelling units, of comparable size independent of
each other.
"Dwelling unit" means a room or group of rooms
including living, sleeping, eating, cooking and sanitation
facilities, constituting a separate and independent
housekeeping unit, occupied or intended for occupancy on
a non-transient basis and liaving not more than one kitchen.
"Dwelling unit, accessory" means an attached or a
detached residential dwelling unit, which provides complete
independent living facilities for one or more persons, on the
same parcel as a principal dwelling unit. lt must include
permanent provisions for living, sleeping, eating, cooking
and sanitation. An accessory dwelling unit also includes the
following:
L Anefficiencyunit,asdefinedinSectionl7958.l
of Health and Safety Code.
2. A manufactured liome, as defined in Section
18007 of the Health and Safety Code.
"Dwelling unit, principal" means the principal facility
on a parcel zoned or used for detached single-family
residential use.
E. "E" Definitions:
"Economically feasible" means when a housing
development can be built with a reasonable rate of return.
The housing developer's financial ability to build the project
shall not be a factor.
2022 S-86
9 Defuiitions 19.08.030
Emergency Shelter:
"Emergency shelter, rotating" means a [aeility that
provides temporary housing with minimal supportive
services and meets criteria in Section 19.76.030(2).
"Emergency shelter, permanent" means a permaneritly
operated facility that provides temporary housing with
minisnal supportive services and meets criteria in Section
19.76.030(3).
"Employee Housing" means accommodatrons for
employees as defined by Health and Safety Code 17008, as
may be amended.
"Enclosed" means a covered space fully surrounded by
walls, including windows, doors and similar openings or
arcliitectural features, or an open space of less ffian one
hundred square feet fully surrounded by a building or waIlls
exceeding eight feet in height.
"Entry feature" means a structural element, uihich
leads to an entry door.
"Equestrian center" means a facility for the shelter,
display, exhibition, keeping, exercise or riding of horses,
ponies or mules, or vehicles drawn by such animals, with
related pasture lands, corrals and trails.
"Equipment yard" means a use providing for
maintenance, servicing or storage of motor vehicles,
equipment or supplies; or for the dispatching of service
vehicles; or distributionof supplies or construction materials
required in connection with a business activity, public utility
service, transportation service, or similar activity, including
but not limited to, a construction material yard, corporation
yard, vehicular service center or similar use.
F. "F" Definitions:
"Facility" means a structure, building or other pliysical
contrivance or object.
1. "Accessory facility" means a facility which is
incidental to, and customarily associated with a specified
principal facility and which meets tl'ie applicable eonditions
set forth in Chapter 19.100.
2. "Noncomplying facility" means a faeility whieh
is in violation of any of the site development regulations or
other regulations established by this title, but was lawfully
existing on October 10, 1955, or any amendment to this
title, or the application of any district to the property
involved by reason of which the adoption or application tlie
facility becomes noncomplying.
3. "Principal facilities" means a main building or
other facility which is designed and constructed for or
occupied by a principal use.
"Family" means an individual or group of persons
living together who constitute a bona fide single
housekeeping unit in a dwelling unit. "Family" shall not be
construed to include a fraternity, sorority, club, or other
group of persons occupying a hotel, lodging house, or
institution of any kind.
"Fence" means a man-made structure which is
designed, intended or used to protect, defend or obscure the
interior propeny of the owner from the view, trespass or
passage of others upon that property.
"Fenee height" means the vertical distance from the
liighest point of the fence (excluding post caps) to the finish
grade adjoining the fence. In a case where the finish grade
is different. for each side of the fence, the grade with the
highest elevation shall be utilized in determining ihe fence
height.
"Financial institutions" means a eompany engaged in
the business of dealing with monetary transactions, such as
deposits, loans, investments and currency exchange. This
classification does not include payday lending businesses or
check cashing businesses. Tlie term "payday lending
business" as used herein means retail businesses owned or
operated by a "licensee" as that term is defined in California
Financial Code Section 23001(d), as amended from time to
time. The term "check cashing business" as used herein
means a retail business owned or operated by a "check
casher" as Lhat term is defined in California Civil Code
Section 1789.31 as amended from time to tinie.
"First floor" means that portion of a structure less than
or equal to twenty feet in lieight, through winch a vertical
line extending from the highestpoint of exterior construction
to the appropriate adjoining grade, passes tmougli one story.
"Flag" means any fabric, banner, or bunting
containing distinctive colors, patterns, or symbols, used as
a symbol of a government, political subdivision, or other
entity.
"Floor area" means the total area of all floors of a
building measured to tlie outside surfaces of exterior walls,
and including the following:
1. Halls;
2. Base of stairwells;
3. Base of elevator shafts;
4. Services and mechanical equipment rooms;
5. Interior building area above fifteen feet in height
between any floor level and the ceiling above;
6. Residential basements in the A, Al, Rl and RHS
zoning districts with lightwells that do not conform to
Section 19.28.070(I);
7. Residential basements in the Rl and RHS zoning
districts on projects pursuant to Government Code section
65852.21
8. Residential garages;
9. Roofed arcades, plazas, walkways, porches,
breezeways, porticos, courts, and similar features
substantially enclosed by exterior walls;
10. Sheds and aecessory structures.
"Floor area" shall not include the following:
1. Residential basements in the Rl and RHS zoning
districts with lightwells that confonn to Section
19.28.070(I);
2022 S-86
19.08.030 Cupertino - Zoning 10
Required lightwells;
Attic areas;
4. Parking facilities, other than residential garages,
accessory to a permitted conditional use and located on the
same site;
5. Roofed arcades, plazas, walkways, porches,
breezeways, porticos, courts and similar features not
substantially enclosed by exterior walls.
"Floor area ratio" means the ratio of gross floor area
on a lot to the lot area.
"Foot-lambert" means a unit measurement of the
brightness of light transmitted through or reflected from an
object or surface.
"Freeway" means anypublicroadway so designated by
the State of California,
"Front wall" means the wall of a building or other
structure nearest the street upon which the building faces,
but excluding certain architectural features as defined in this
chapter.
G. "G" Definitions:
"Gable end" means the exterior wall that suppoits
pitched roofs and is generally triangular in shape.
"Garage" means an accessory building (completely
enclosed) or an attached building used primarily for the
storage of motor vehicles.
"Gasoline service station" means any place of business
wliich offers for sale any motor vehicle fuel to the priblic.
"Glare" means the effect produced by a light source
within the visual field that is sufficiently brighter than the
level to which the eyes are adapted, wliich causes
annoyance, discomfort, or loss of visual perfom'iance and
ability.
"Glass features", for purposes of Chapter 19.102,
Glass and Lighting Standards, means such features as
free-standing glass walls, wind barriers, skywalks,
balconies, greenhouses, and rooftop appurtenances.
"Grade" or "finished grade" means the lowestpoint of
adjacent ground elevation of the finished surface of the
ground paving, or sidewalk, excluding areas where grade
has been raised by means of a berm, planter box, or similar
landscaping feature, unless required for drainage, within the
area between the building and the property Iine, or when the
property line is more than five feet from the building,
between the building and a line five feet from the building.
"Gross lot area" means the horizontal area included
within the property lines of a site plus the stree'L area
bounded by the street centerline up to thirty feet distant from
the property line, the street right-of-way line and tbe
extended side yard to the street centerline.
"Guest room" means a room wliich is intended,
arranged or designed to be occupied by occasional visitors
or nonpaying guests of the occupants of the dwelling unit in
which the room is located, and which contains no kitchen
facilities.
H. "H" Definitions:
"Habitable floor" means the horizontal space between
a floor area of at least seventy square feet and the ceiling
height measuring at least seven feet six inches above it,
except for a kitchen which shall have a ceiling height not
less than seven feet above the floor.
"Habitable space" means space in a structure for
living, sleeping, eating or cooking. Bathrooms, toilet
compartment, closets, halls, storage or utility space and
similar areas are not considered habitable space.
"Heavy equipment" means any mechanical or
motorized device that is not a vehicle or a commercial
vehicle as defined in Section 19.08.030(V), including, but
not limited to, a backhoe, cement mixer, crane, ditch witch,
dozer, earth mover, generator, grader, tractor or any similar
device.
"Height" means a vertical distance measured parallel
to the natural grade to the highest point o(' exterior
construction, exclusive of chimneys, antennas or other
appurtenances, eXCept that entry features are measured to
the top of the wall plate.
Heiglit restriction shall be established by establishing
a line parallel to the natural grade.
"Height", for purposes of the Accessory
Buildings/Structures, encompasses the entire wall plane
nearest the property line, including roof, eaves, and any
portion of the foundationvisible abovethe adjoining finislied
grade.
I
li
I "-i
HEIGHT LIMIT FOR ENTRY FEATURES
"Home occupation" means a business, profession,
occupation or trade activity which is performed by the
resident(s) of a dwelling unit within that dweIling unit, or a
yard area, accessory structure or garage associated with that
dwelling unit, or a yard area, accessory structure or garage
associated with that dwelling unit, for purposes of
generating income, by means of the manufacture, and/or (l
2022 S-86
11 Definitions 19.08.030
sale of goods and/or services and/or by short-term rental
activity in compliance with Chapter 5.08, but wliich activity
is clearly incidental to the principal use of the dwelling for
non-transient residential purposes.
"Hospital" means a facility for providing medical,
psychiatric or surgical services for sick or injured persons,
primarily on an inpatient basis, and including ancillary
facilities for outpatient and emergency treatment, diagnostic
services, training, research, administration, and service to
patients, employees or visitors.
"Hotel" means a facility containing rooms or suites,
solely occupied, intended or designed for use by guests on
a transient occupancy basis, including any guest amenities
such as swimming pools, gyms, restaurants, bars, meeting
rooms, etc. A short-term rental is not a hotel.
"Household pets" means small animals commonly
found in residential areas such as ehickens, ducks, geese,
rabbits, dogs, and cats, but excluding animals such as any
bovine or equine animal, or any goat, sheep or swine. This
title does not regulate die keeping of small houseliold pets,
such as fish, birds or hamsters, which is incidental to any
permitteduse. However, noanimalincludinghouseholdpets
may be kept, maintained and/or raised for commercial
purposes except where permitted with required pe'tmits.
"Household type" means whether ffie occupants of the
housing units are very low income, lower income, moderate
income, or senior citizens.
"Housing development" means for the purposes of
Chapter 19.56, Density Bonus, a development project for
five or more residential units. For the purposes of that
chapter, "housing development" also includes a subdivision
or common interest development, approved by the City that
consists of residential units or unimproved residential lots
and either a project to substantially rehabilitate and convert
an existing commercial building to residential use or Che
substantial rehabilitation of anexisting multifanffly dwelling,
as defined in Government Code Section 65863.4(d), where
the result of the rehabilitation would be a net increase in
available residential units.
I. 'T' Definitions:
"Industrial district," for purposes of ffie Sign
Ordinance, means all ML districts and any other zoning
classifications which are consistent with the industrial
designation of the Cupertino general plan.
"Institutional district," for puiposes of the Sign
Ordinance, means all BQ, PR, FP, and BA districts and
other zoning classifications and uses which are considered
institutional innature and are consistentwitli the institutional
or quasi-public designation of the general plan.
J. "J" Definitions:
'Vunkyard" means ihe use of more than two hundred
square feet of the area of any lot for the storage or keeping
of junk, including scrap metals or other scrap material,
and/or for ffie dismantling or wrecking of automobiles or
other veliicles or machinery.
K. "K" Definitions:
"Kitchen" means an area in liabitable space used for
the preparation of food and including at least three of the
following:
1. Cooking appliance(s) or provision for a cooking
appliance sucli as 220V outlets, gas connecjions and space
for appliances between counters;
2. Counter;
3. Refrigerator
4. Sink.
L. "L" Definitions:
"Landscaping" means an area devoted to or developed
and maintained with native or exotic planting, lawn, ground
cover, gardens, trees, shrubs, and other plant materials,
decorative outdoor landscape elements, pools, fountains,
water features, paved or decorated surfaces of rock, stone,
brick, block or similar material (excluding driveways,
parking, loading or storage areas), and sculptural elements.
"Late evening activities" means an activity which
maintains any hours of operation during the period of eleven
p.m. to seven a.m.
"Legal substandard lot" means any parcel of land or lot
recorded and legally created by the County or City prior to
March 17, 1980, whicl'i lot or parcel is of less area than
required in the zone; or lots or parcels of record which are
reduced to a substandard lot size as a result of required
street dedication unless otherwise provided in the City of
Cupertino General Plan. The owner of a legally created,
substandard property which is less than six thousand square
feet but equal to or greater than five thousand square feet
may utilize such parcel for residential purposes. The owner
of a legally created parcel of less than five thousand square
feet may also develop the site as a single-family residential
building site if it can be demonstrated that the property was
notunder the same ownership as any contiguous property on
the same street frontage as of or after July 1, 1984.
"Light Fixture" means a complete lighting unit
consisting of one or more lamps, and ballast(s), where
applicable, together with the parts designed to distribute the
light, position and protect the lamp(s) and ballast(s), and
connect the lamp(s) to the power supply.
"Liglit trespass" means light emitted by a light fixture
that sl'iines beyond the property on which it is installed.
"Lightwell" means an excavated area required by the
Uniform Building Code to provide emergency egress, light
and ventilation for below grade rooms.
2021 S-82
19.OS.030 Cupertino - Zoning 12
"Liquor store" means a use requiring a State of
California "off-sale general license" (sale for off-site
consumption of wine, beer and/or hard liquor) and having
fifty percent or more of the total dollar sales accounted for
by beverage covered under the off-sale general license.
"Living space" means, for the purposes of Chapter
19.112, the same as that set forth for "living area" in
California Government Code Section 65852.2(j)(4). All attic
and basement square footage proposed as part of an
Accessory Dwelling Unit shall be limited by the maximum
size allowed per Chapter 19.112.
"Loading space" means an area used for loading or
unloading of goods from a vehicle in connection with the rise
of the site on which such space is located.
"Lot" means a parcel or portion of land separated from
other parcels or portions by description, as on a subdivision
or record of survey map, or by metes and bounds, for
purpose of sale, lease or separate use.
1. "Corner lot" means a lot situated at the
intersection of two or more streets, or bounded on two or
more adjacent sides by street lines.
2. "Flag lot" means a lot having access to a street by
means of a private driveway or parcel of land not otherwise
meeting the requirement of tliis title for lot width.
3. "Interior lot" means a lot other than a corner log.
4. "Key loC' means the first lot to tlie rear of a
corner lot, the front line of which is a continuation of the
side line of the corner lot, and fronting on the street which
intersects or intercepts the street on which the corner lot
fronts.
5. "Pie-shaped lot" means an interior lot where Lhe
front lot line abuts a cul-de-sac, is 20 % or more shorter than
the rear lot line or the lot has five or more lot lines.
"Lot area" means the area of a lot measured
horizontally between boundary lot lines, but excluding a
portion of a flag lot providing access to a street and lying
between a front lot line and the street, and excluding any
portion of a lot within the lines of any natural watercourse,
river, stream, creek, waterway, channel or flood control or
drainage easement and excluding any portion of a lot
acquired, for access and street right-of-way purposes, infee,
easement or otherwise.
"Lot coverage" means the following:
1. "Single-family residential use" means the total
land area within a site that is covered by buildings, including
all projections, but excluding ground4evel paving, landscape
features, lightwells, and open recreational facilities. Sheds
are included in lot coverage.
2. "All other uses except single-family residential"
means the total land area within a site that is covered by
buildings, but excluding all projections, ground-level
paving, landscape features, and open recreational facilities.
"Lot depth" means Lhe horizontal distance from the
midpoint of the front lot line to the midpoint of the rear lot
line, or to the most distant point on any other lot line where
there is no clear rear lot line.
"Lot line" means any boundary of a lot.
1. "Front lot line" means on an interior lot, the lot
line abutting a street, or on a corner lot, the shorter lot line
abutting a street, or on a flag lot, the interior lot line most
parallel to and nearest the street from whicli access is
obtained. Lot line length does not include arc as identified
on corner parcels.
2. "Interior lot line" means any lot line not abutting
a street.
3. "Rear lot line" means the lot line not intersecting
a front lot line which is most distant from and the most
closely parallel to the front lot line. A lot bounded by only
three lot lines wffl not have a rear lot line.
4. "Side lot line" means any lot line which is not a
front or rear lot line.
5. "Street lot line" means any lot line abutting a
street.
"Lot of record" means a lot whicli is part of a
subdivision recorded in the office of the County Recorder,
or a lot or parcel described by metes and bounds wlffch has
been recorded.
"Lot widtli" means the horizontal distance between
side lot lines, measured at the required front setback line.
"Lower-income household" means a household whose
gross income does not exceed that established by Health and
Safety Code Section 50079.5, as may be amended.
M. "M" Definitions:
"Major renovation," for purposes of Chapter 19. 116,
Conversions of Apartment Projects to Common Interest
Development, means any renovation for which an
expenditure of more than one thousand dollars was made.
"Major repajr," for purposes of Chapter 19.116,
Conversions of Apartment Projects to Common Interest
Development, means any repair for which an expenditure of
more than one thousand dollars was made.
"Major Transit Stop," for purposes of Chapter 19.56,
Density Bonus, means an existing site, or a site included in
the regional transportation plan, that contains a rail transit
station, a ferry terminal served by either a bus or rail transit
service, or the intersection of two or more major bus routes
with a frequency of service interval of 15 minutes or less
during the morning and afternoon peak commute periods. A
housing development is considered to be within one-half
mile of a major transit stop if all parcels within the housing
development have no more than 25 percent of their area
farther than one-half inile from the stop and if not more than
10 percent of the units or 100 units, whichever is less, in the
l'iousing development are farther than one-half mile from the
stop as set forth in Government Code Section
65915(p)(3)(A), as may be amended.
l/ :
2022 S-86
18A Definitions 19.08.030
including without limitation intellectual disability, cerebral
palsy, epilepsy, and autism; and risk of homelessness, and
housing intended to meet the housing needs of persons
eligible for mental health services funded in whole or in part
by the Mental Health Services Fund, as set forth in
Government Code Section 65915(p)(3%C), as may be
amended.
"Specified anatomical areas" means:
1. Less than completely and opaquely cosiered
human genitals, pubic region, buttocks and female breast
below a point immediately above the top of the areola; and
2. Human male genitals in a discernibly turgid state,
even if completely and opaquely covered
"Specified sexual activities" means:
1. Human genitals in a state of sexual stimulation or
arousal;
2. Acts of human masturbation, sexual intercourse
or sodomy;
3. Fondling or other erotic touching of human
gerntals, pubic region, buttocks or female breast.
"Story" means that portion of a building, excluding a
basement, between the surface of any floor and the surface
of the next floor above it, or if there is no floor above it,
then the space between the floor and the eeiling next above
it.
"Street" means a public or private thoroughfare the
design of which has been approved by the City wliicli
affords the principal means of access to abutting property,
inciuding avenue, place, way, drive, lane, boulevard,
highway, road, and any other thoroughfare except an alley
as defuied in this chapter.
1. Street, Public. "Public street" means all streets,
highways, lanes, places, avenues and ponions and including
extensions in the length and width, which have been
dedicated by the owners to public use, acquired for public
use, or in which a public easement for roadway purposes
exists.
"Street frontage," for purposes of the Sign Ordinance,
means the length of a site along or fronting on a public or
private street, driveway or other principal thoroughfare, but
does not include such length along an alley, watercourse,
railroad right-of-way or limited access roadway or freeway.
"Stnicture" means tliat which is built or eonstructed,
an edifice or building of any kind, or any piece of work
artificially built up or composed of parts joined together in
some definite manner.
1. Structure, Recreational. "Recreational stnicture"
means any affixed accessory structure or portion, which
functions for play, recreation or exercise (e.g., pool slides,
playhouses, tree houses, swings, climbing apparanis,
gazebos, decks, patios, hot tubs and pools) but does not
include poitable play stnictures, such as swings or climbing
apparatus.
"Structurally attached" means any stnicture or
accessory structure or portion thereof, which is substantially
attached or connected by a roof structure or similar physical
attachment.
"Substantially enclosed" means art area that is covered
by a roof or ceiling that is not more than 50 % open to the
sky/elements and surrounded by solid barriers that are six
inches or taller on three sides. Solid barriers do not include
open railings that are no taller than 42 inches, decorative
arches or trellises. Railings and trellises shall have a visual
transparency of more than 50%.
"Supportive housing" (per Government Code Section
65582(f), as may be amended) means }iousing 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
lier ability to live and, when possible, work in the
COIIlIllunit5{.
2022 S-86
19.08.030 Cupertino - Zoning 18B
(i
2022 S-86
19 Definitions 19.08.030
T. "T" Definitions:
"Target population" (per CA Government Code
65582(g), as may be amended) means persons with low
incomes having one or more disabilities, includirig mental
illness, HIV or AIDS, substance abuse, or other cl'ironic
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).
"Tenant" means any person, legal entity, or association
of individuals that is a lessee of real property, as
documented by a rental agreement, whether in writing or
otherwise.
"Transient" means any individual who exercises
occupancy or is entitled to occupancy by reason of
concession, permit, right of access, license or other
agreement for a period of thirty consecutive calendar days
or less, counting portions of calendar days as full days, and
including any individual who acnially physically occupies
the premises, by permission of any otl'ier person entitled to
occupancy.
"Transitional housing" (per CA Government Code
65582(h), as may be amended) means buildings configured
as rental housing developments, but operated under program
requirements tliat call for the termination of assistance and
recirculation of the assisted unit to another eligible program
recipient at some predetermined future point in time, wlffch
shall be no less than six months from beginning of
assistance.
"Trim" means the molding, battens, cappings, nailing
strips, lattice and platforms which are attaclied to a sign.
U. "U" Definitions:
"Unobstructed Access," for purposes of Cliapter
19.56, Density Bonus, means access to a location if a
resident is able to access the location without encountering
natural or constructed impediments, as set forth in
Government Code Section 65915(p%2), as may be antended.
"Uplighting" means the plaeement and orientation of
light fixtures such that light rays are directed upward.
"Use" means the conduct of an activity, or the
performance of a function or operation, on a parcel or in a
buildiiig or facility.
1. "Accessory use" means a use which is incidental
to and customarily associated with a specified principal use.
2. "Conditional use" means a use listed by the
regulations of any particular district as a conditional use
within that district, and allowable solely on a discretionary
or conditional basis, subject to issuance of a conditional use
permit, and to all other regulations established by this title.
3. "Nonconforming use" means a use which is not
a permitted use or conditional use authorized within the
district in which it is located, but which was lawfully
existing on October 10, 1955; or the date of any
amendments thereto, or the application of any district to the
property involved, by reason of which adoption or
application the use becan'ie noncoiorming.
4. "Permitted use" means a use listed by the
regulations of any particular district as a permitted use
within that district, and permitted therein as a matter of right
when conducted in accord with the regulations establisl'ied
by this title.
5. "Principal use" means a use whicli fulfills a
primary function of a household, establishment, institution,
or other entity.
"Useable rear yard" means that area bounded by the
rear lot line(s) and the rear building line extended to the side
lot lines. The side yard adjacent to a proposed minor
addition (e.g., addition equaling ten percent or less of the
principal structure) may be included in calculation of usable
rear yard area.
V. "V" Definitions:
"Variance application" means an application for which
an exceptionprocess is not identified in the Municipal Code.
"Vehicle" means any boat, bus, trailer, motor home,
van, camper (whether or not attached to a pickup truck or
other vehicle), mobilel'iome, motorcycle, automobile, truck,
pickup, airplane, boat trailer, truck tractor, truck trailer,
utility trailer or recreational vehicle, or pans, or any device
by which any person or property may be propelled, moved
or drawn upon a public street, excepting a device moved
exclusively by liuman power.
1. Vehicle, Commercial. "Commercial vehicle"
means a vehicle of a type required to be registered under the
California Veliicle Code used or maintained for the
transportation of persons for hire, compensation, or profit or
designed, used, or maintained primarily for the
transportation of goods.
2. Veliicle, Recreation. "Recreationvel'iicle" means
a vehicle towed or self-propelled on its own chassis or
attached to the chassis of another vehicle and designed or
used for temporary dwelling, recreational or sporting
purposes. The term recreation vehicle includes, but is not
limited to, trailers, motor coach homes, converted tnicks
and buses, and boats and boat trailers.
"Very low income household" means a houseliold
whose gross income does not exceed that established by
Health and Safety Code Section 50105, as may be amended.
2022 S-86
19.08.030 Cupertino - Zontng
"Visual privacy intrusion" means uninternipted visual
a.ccess from a residential dwelling or structure into the
interior or exterior areas of adjacent residential structures,
which area is either completely or partially private, designed
for the sole use of the occupant, and/or which serves to
fu2fill the interior and/or exterior privacy needs of the
impacted residence or residences.
W. "W" Definitions:
"Watercourse", for purposes of Chapter 19. 102, Glass
and Lighting Standards, means any natural or artificial
arroyo, caiial, channel, naturaIl conduit, creek, culvert,
ditch, gully, lake, ravine river, stream, waterway, or wash
or other topographic feature on or over which waters flow
at least periodically and adjacent areas in which substantial
flood damage may occur from overflow or inundation.
X. "X" Definitions:
None.
Y. "Y" Definitions:
"Yard" means an area within a lot, adjoining a lot line,
and measured horizontally, and perpendicular to the lot line
for a specified distance, open and unobstructed except for
activities and facilities allowed therein by this title.
1. "Front yard" means a yard measured into a lot
from the front lot line, extending the full width of the lo
between the side lot lines intersecting the front lot line.
2. "Rear yard" means a yard measured into a lot
from the rear lot line, extending between the side yards;
provided tbat for lots having no defined rear lot line, the
rear yard shall be measured into the lot from me rearmost
point of the lot depth to a line parallel to the front lot line.
3. "Side yard" means a yard measured into a lot
from a side lot line, extending between the [ront yard and
rear lot line.
Z. "Z" Defu'fftions:
None. (Ord. 22-2238, § 3.2, 2022; Ord. 21-2235,
8, 3.2, 2021; Ord. 21-2225, Att. A (§ 2), 2021; Ord.
20-2200, § 5, 2020; Ord. 20-2199, §§ 1 - 3, 2020; Ord.
17-2170, § 1, 2017; Ord. 17-2169, S, 2, 2017; Ord.
17-2165, § 2, 2017; Ord. 16-2157, §§ 1, 2, 2016; Ord.
16-2159, §§ 1-4, 2016; Ord. 16-2149, t§ 3, 2016; Ord.
16-2140, §§ 1-5, 2016; Ord. 14-2125, § 3 (part), 2014;
Ord. 2085, 8, 2 (part), 2011; Ord. II-2074, (part), 2011;
Ord. 2056, (part), 2010; Ord. 1894, 8, 1, 2002; Ord. 1891,
(part), 2002; Ord. 1863, (part), 2000; Ord. 1809, 2000;
Ord. 1784, (part), 1998; Ord. 1725, (part), 1996; Ord.
1688, § 3 (part), 1995; Ord. 1657, (part), 1994; Ord. 1654,
1994; Ord. 1637, (part), 1993; Ord. 1635, (part), 1993;
Ord. 1618, (part), 1993; Ord. 1607, 8,1, 1992; Ord. 1601
Exh. A (part), 1992)
I
1' I
2022 S-86
Talile 19.12.030 - Approval Autliority (Cont.)
Type of Permit
or Decisioxi ' B
Administrative '
Review
Desigxi
Review
Committee
' Planning '
Comtnission
City
Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing/
Noticing
Radius "
Posted Site
Notice
Expiration
EDate
Cliapter/
Findings
Extensions '
Parking, Fence
& Sign
Exceptions &
Front Yard
Nnterpretations
F
j
I
At
I
A2
I
I
I
l-
I
None
I
No I year
I
I
Neon, Reader
board & Freeway
Oriented Signs
F Al A2
I I
None No i year
Two Story
Permits, Minor
Residential
Pei-mits and
Exceptions
F Al A2 None No I year
I
Tree Reinovals F A l "A'No 1 year
All otlier projects F At A2 19. 12. l 10/
None
No 2 years
KEY:
R-Review and recoinmendation body F-Final decision-making body unless appealed
A' -Appeal Body on first appeal A"-Appeal body on second appeal
PI-I-Public Hearing PM-Public Meeting
CP-Comment Period
Table 19.12.030 - Approval Autlior'ty (Cont.)
Type of Permit
or Decision k "
Administrative
Review
Design '
Review
Committee
Planning
Commission
City
Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing/
Noticing
Radius D
POSted Site
Notice
Expiration
Date ['
Cliapter/
Findings
Extensions '
Parking, Fence
& Sign
Exceptions &
Front Yard
Nntei'pretations
F Al A2 None No I year
I I
Neon, Reader
board & Freeway
Oriented Sigi'is
F
I
I
A!A2 None No 1 year
Two Story
Permits, Minor
Residential
Permits and
Exceptions
F
I
Al
I
A2 None No 1 year
Tree Removals
I
IF I Al A'-No N year
All other projects j F Al A2 19. 12. 1 10/
None
No 2 years
KEY:
R-Review and recomi'nendation body F-Final decision-making body unless appealed
A' -Appeal Body on first appeal A" -Appeal body on second appeal
PH-Public Hearing PM-Public Meeting
CP-Coinment Period
I
o
OTQ
Adtninistrgtign 19.12.030
Notes:
A. Permits can be processed concurrently with other
applications, at the discretion of the Director of
Community Development.
B. Projects with combined applications shall be processed
at the highest level of approval in conformance widi
Section 19.04.090.
C. Public Heaig: Projects types that need noticing
pursuanttothe CA GovernmentCode; Public Meeting:
Project types that need only a mailed notice and no
newspapernotices; CommentPeriod: Projecttypesthat
need only a mailed notice and do not need a public
hearing or public meeting.
D. Noticing Radius of an application in a combined
application shall correspond to the maximum noticing
radius required for any one of the applications.
E. Expiration date of an application in a combined
application shall correspond to the maximum
expiration date allowed for any one ofthe development
applications (not including Subdivision Map Act
applications, General Plan Amendments and Zoning
Map or Text Amendments.)
F. Major General Plan Amendment, Conditional Use
Permit, Development Permit application - for more
than ten thousand square feet of commercial and/or
industrial and/or office and/or other non-residential
use, or greater than six residential units.
G. Minor General Plan Amendment, Conditional Use
Permit, Development Permit application - for ten
thousand square feet or less of commercial and/or
industrial and/or office and/or other non-residential
use, or six or less residential units.
H. City Council review for applications with new
development greater than fifiy thousand square feet of
commercial, and/orgreaterthanonehundredthousand
square feet of industrial and/or office and/or other
non-residentialuse, and/or greaterthanfifty residential
units.
PlanningCommissionreview for all other applications.
I. Please see specific zoning district regulations or
chapters in this title that apply to the subject property
or project for approval authority.
J. Major Architectural and Site Approval application -
architectural and site approval for all projects that are
not a Minor Asxchitecmral and Site Approval
application.
K. Minor Architectural and Site Approval application -
single family home m a planned development zoning
district, minor building architectural modifications,
landscaping, signs and lighting for new development,
redevelopment or modification in such zones where
review is required and minor modifications of duplex
and multi-family buildings.
L. Meeting type and noticing are dependent on the
underlying peimit being modified.
M. Appeals of Design Review Committee decisions shall
be heard by the City Council.
N. Parking Exceptions approved by the Director of
Community Development need a comment period.
Parking Exceptions approved by the Design Review
Cornrnittee need a public meeting.
0. Parking Exceptions in Single-family residential (Rl)
zones and Duplex (R2) zones need adjacent noticing.
All other Parking Exceptions need notices within tlu'ee
hundred feet of the exterior boundary of the subject
property.
P. Application must be filed prior to expiration date of
permit. Permit is extended until decision of the
Approval Body on the extension.
(Ord. 22-2238, §§ 3.3-3.4, 2022; Ord. 21-2235, % 3.3-3.4,
2021; Ord. 19-2187, § 3 (part), 2019, Ord. 18-2177, § 3
(pan), 2018; Ord. 18-2175, 8, 1 (part), 2018; Ord. 17-2165,
§ 3, 2017; Ord. 17-2162, 8, 1, 2017; Ord. 14-2125, § 4
(part), 2014; Ord. 2085, S, 2 (part), 2011)
19.12.040 Authority of the Director of Community
Development.
Subject to tbe provisions of this chapter and general
purpose and intent of this title, the authority of the Director
of Community Development is as follows:
A. Grant any permits wliich are authorized to be
issued by the Director pursuant to Section L9.12.030 and
any other prosiisions of this code;
B. Grant parking exceptions for projects that are
reviewed in conjunction with permits which are authorized
to be issued by the Director of Community Development
pursuant to Section 19. 12.030;
C. Grant a variance from site development
regulations and parking and loading regulations (except
tbose handicapped parking regulations mandated by State
law) applicable within any zoning district established by this
title;
D. Grant a variance from the special conditions of
approval that apply to site development and parking and
loading regulations (including conditions attached to planned
developments) applicable within any zoning district
established by this title.
E. Grant a request for reasonable accommodation
made by any person with a disability, when the strict
application of the provisions within residential districts acts
as a barrier to fair housing opportunities, pursuant to
Chapter 19.52.
F. Make reasonable interpretations of the regulations
and provisions of this title, and any chapter therein,
consistent with the legislative intent. Persons aggrieved by
an interpretation of the Directorof Community Development
may petition the Planning Commission in writing for review
of the interpretation.
2022 S-86
19.12.040 Cupertino - Zoning 28
G. May refer an application to another Approval
Body for review, decision or recommendation.
(Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part),
2011)
19.12.050 Authority of the Design Review
Committee.
Subject to the provisions of this chapter and general
purpose and intent of this title, the authority of the Design
Review Committee is as follows:
A. Grant any permits and exceptions which are
authorized to be issued by the Design Review Committee
pursuant to Section 19.12.030 and any other provisions of
this code;
B. Grant parking exceptions for projects that are in
conjunction with permits which are authorized to be issued
by the Design Reyiew Committee pursuant to Section
19. 12.030.
(Ord. 14-2125, '814 (part), 2014; Ord. 2085, § 2 (part),
2011)
19.12.060 Authority of the Planning Commission.
Subject to the provisions of this chapter and general
purpose and intent of this title, the authority of the Planning
Commission is as follows:
A. Grant any permits wlffch are authorized to be
issued by the Planning Commission pursuant to Section
19. 12.030 and any other provisions of this code;
B. Grant parking exceptions for projects that are in
conjunction with permits which are authorized to be issued
by the Planning Commission pursuant to Section 19.12.030;
C. Make recommendations to the City Council on
applications in which it is a recommending body; and
D. Decide on Appeals of decisions pursuant to
Section 19. 12.030.
(Ord. 14-2125, 8, 4 (part), 2014; Ord. 2085, 8, 2 (part),
2011)
19.12.070 Authority of the City Council.
Subject to the provisions of this chapter and general
purpose and intent of this title, the authority of the City
Council is as follows:
A. Grant any permits which are authorized to be
issued L)V the City Council pursuant to Section l9. 12.030
and any other provisions of the code;
B. Decide on appeals of decisions pursuant to
Section 19. 12.030.
(Ord. 14-2125, § 4 (part), 2014; Ord. 2085, 8) 2 (part),
2011)
19.12.080 Application Process.
Unless otherwise specified in this title, all
applications for permits, permit modifications, amendments
and other matters pertaining to this Chapter shall be filed
with ffie Director of Community Development with the
following:
A. An application for permit may be made by the
owner of record, his or her agent, lessee(s) of property, or
person(s) wlio have contracted to purchase or lease property
contingent upon their ability to acquire the necessary permit
under this title and who have written authorization from the
property owner to make an application.
B. Application shall be made on a form provided by
tbe City, and shall contain the following, unless waived by
the Director of Community Development based ondie scope
of the proposed project:
1. A complete legal description of the subject
property and map showing the location of the property for
which the permit is sought;
2. A preliminary title report of the subject property;
3. The proposed site development plan indicating:
the location of all buildings and structures; the location and
types of land uses; paved areas, such as roadways,
driveways and walk-ways; and general landscaping scheme;
4. Architectural drawings of the proposed
development, building additions or other structures.
Drawings shall indicate building height, colors, materials,
window treahnent and other architectural features;
5. Maps showing the locations of buildings;
6. Renderings showing building heights and square
footages;
7. Maps showing the precise location of roads,
streets, alleys and access points;
8. A traffic analysis, if required;
9. A construction plan,
10. Any property/development with a Homeowner's
Association (HOA) or Architectural Review Board (ARB)
shall provide a letter of approval from said HOA Board or
ARB.
11. The Director of Community Development may
reasonably require additional information wliich is pertinent
and essential to the application.
12. Zoning Map or Text Amendments shall also
include information required per Chapter 19.152.
a. Zoning applications for Planned Development
Zoning Districts shall also include information required per
Section 19.80.040;
b. Zoning applications for Multi-Family (R3)
Residential shall also include information required per
Section 19.36.040; and
c. Zoning applications for Residential Single-family
Cluster (RIC) initiated by a property owner, or his or her
designee, shall also include items identified in Section
19.44.050H.
13. Planned Development Permit and Development
Permit applications shall also include information required
per Section 19.156.010.
2017 S-62
29 Administration 19.12.080
14. Conditional Use Permits and Variances shall also
include information required per Section 19.156.020.
15. Density Bonus Permit applications shall also
include information required per Section 19.56.060.
16. Conversion of Apartment Projects to Common
Interest Developments applications shall also include
information required per Section 19.116.050.
17. Sign Permit Applications should also include
information required per Section 19.104.040.
C. Application shall be accompanied by the fee
prescribed by City Council resolution, no part of which shall
be renirnable to the applicant.
(Ord. 17-2165, § 4, 2017; Ord. 17-2162, § 2, 2017; Ord.
16-2149, § 4, 2016; Ord. 14-2125, Ffi 4 (part), 2014; Ord.
2085, § 2 (part), 2011)
19.12.090 Action by Director.
Upon receipt of an application for a perniit, the
Director of Community Development shall:
A. Within thirty days determine whether tl'ie
application is complete or needs additional information and
shall inform the applicant.
B. For permit applications not requiring any
coent period, public hearing or public meeting, proceed
to review the application.
C. Mail ballots to the property owners of record of
the properties affected by a Single-Story Overlay District
Application. The ballot shall, in addition to information
related to the proposal, include the following information:
1. Proposed Single-Story Overlay District Map
pursuant to Section 19.28.050(B)(1);
2. Statement indicating that each developable lot of
record shall have one (1) vote; and
3. A date, forty-five (45) calendar days from the
date of mailing of the ballot, on whicli a completed ballot
must be postmarked or received by the City in order to be
accepted.
D. Not later tban a period stipulated in Section
19. 12. 100, Decision, below:
1. Set a date for a public hearing or public meeting
upon the matter at a regular or special meeting of the
approval authority for the project for applications that
require a public hearing or public meeting, except that
Single-Story Overlay District Applications sliall be
scheduled for a public hearing, only if the result of the
mailed ballot, pursuant to 19.12.090(B) above, indicates
support of a minimum sixty-six and two-thirds (66 2/3)
percent by the property owners within the proposed or
existing Single-Story Overlay District (each developable lot
of record shall have orie (1) vote); or
2. Send notice in accord with the requirements of
19. 12. 1 10(D) for applications that do not need a public
hearing or public meeting.
(Ord. 2C)-2200, § 6, 2020; Ord. 17-2162, F3 3, 2017; Ord.
14-2i25, t5 4 (part), 2014; Ord. 2085, § 2 (part), 2011)
19.12.100 Decision.
A. The Approval Authority is granted the authority
to make the decision to grant, deny, or impose conditions or
restrictions on a permit or other action on a permit as well
as to conduct and make any decisions necessary for
environmental review under the California Environmental
Quality Act.
B. Unless postponed or continued with the mutual
consent of the Director of Community Development and the
applicant and written confirmation from the applicant, a
decision shall be rendered:
1. No later than sixty (60) days following the date
the application is deemed complete and either categoricany
exempt under the California Environmental Quality Act
(CEQA) or the adoption of a negative declaration or one
hundred and eighty (180) days of certification 'of an
Environmental Impact Report (EIR).
2. Notwithstanding the above, no later than one
hundred and fifty (150) days upon receipt of a complete
application for a new personal wireless communication
facility or ninety (90) days upon receipt of an application for
collocation of a personal wireless communication
facility/antennas. (Ord. 17-2165, § 5, 2017; Ord. 14-2125,
§ 4 (part), 2014; Ord. 2085, § 2 (part), 2011)
19.12.110 Noticing.
A. Notice of Public Hearing: Noticing shall be
provided in ffie following manner for applications that need
a public hearing:
1. Notice of hearing shall be given by publication
once in a local newspaper of general circulation not less than
ten days prior to the date of the liearing as provided in
Section 65090 of the California Government Code;
2. The City shall mail written notice by first class
mail to:
a. Each owner of record of real property within the
noticing radius per Section 19.12.030 of the exterior
boundary of the property for which the application is made
as ffie owner of record is shown in the last tax assessment
roll pursuant to Section 65091 of the California Government
Code;
b.
agent
Project applicant(s)
Local agencies expected to provide water,
sewage, streets, roads, schools or other essential facilities or
services to tlie proposed projeet;
e. Any individual or entity that has filed a written
request with the City Clerk requesting notification of public
hearings.
3. If the number of owners to whom notice would be
mailed or delivered pursuant to subsection A2 above is
Owner(s) of subjec site or his or lier authorized
2020 S-78
19.12.110 Cupertino - Zoning 30
The date on which action on the application will
greater than one thousand, in lieu of mailed or delivered
notice, the Director may provide published notice as
provided in Government Code Section 65091(3).
4. The notice shall contain the following:
a. The exact address of the property, if known, or
the location of the property, if the exact address is not
known;
b.
be taken;
c. A brief description, the content of which shall be
in the sole discretion of the City, of the proposed project;
d. Reference to the application on file for
particulars;
e. A statement that any interested person, or agent
thereof, may contact the city for additional information
and/or plans.
Typographical and/or publishing errors shall not
invalidate the notice nor any City action related to Lhe
notice.
B. Notice of Public Hearing for Zoning Text
Amendments:
1. For amendments to zoning regulations: Notice of
such hearing (publication) shall be given in the manner
prescribed in Section 19. 12. 110 A(1) of this chapter.
2. For amendments to permitted uses of real
property: Notice (mailing or publication) shall be given
pursuaiit to Sections 19.12.110 A(2) or A(3), as the case
may be.
C. Notice of Public Meeting: For projects requiring
notice of a public meeting, notice shall be mailed in accord
with 19.12. 1 10A(2) or A(3), as the case may be, at least ten
days prior to the date of the meeting date.
D. Notice of Comment Period: For projects
requiriiig notice of a commentperiod, notice shall be mailed
in accord with 19.12.110A(2) and A(5), fourteen calendar
days prior to the date of action on the application.
1. For permits issued pursuant to Chapter i9.28,
Single Family Residential, the mailed notice shall include a
copy of the site plan and elevation plans of the proposed
pro3ect.
2. For permits issued pursuant to Chapter 14.18,
Protected Trees, the mailed notice shall include a copy of
the site plan and tree replacement/mitigation plan.
E. The City may also give notice of public
hearings/public meetings in any other manner it deems
necessary or desirable. If the Director of Community
Development believes the project may have impacts beyond
the range of the mailed notice, particularIy on nearby
residential areas, the Director, in his or her discretion, may
expand noticing beyond the stated requirements in Section
19.12.030.
Compliancewiththeprocedures setforthinthis section
shall constitute a good-faith effort to provide notice, and the
failure to provide notice, and the failure of any to receive
notice, shall not prevent the City from proceeding with a
hearing, meeting or from taking any action nor affect the
validity of any action.
F. Posted Site Notice:
1. Applicants shall install notice(s) on the subject
site that is/are clearly visible and legible from the
right-of-way in accord with the requirements of Table
19. 12.030.
a. Applicants must install a site notice in the front
yard of the subject site.
b. For all applications other than Two Story
Permits, Residential Design Review, Miscellaneous
Ministerial Permits, and Tree Removal applications in Rl or
R2 zones, if the subject site has more than one property line
abutting a street, the applicant may be required to install
more than one notice.
2. The notice shall be a weatherproof sign, firmly
attached to 5 foot tall posts and:
a. For Two Story Permits, Residential Design
Review, Miscellaneous Ministerial Pemiits, and Tree
Removal applications in Rl or R2 zones, shall be at least 2
feet tall and 3 feet wide.
b. For all other applications that need a site notice,
shall be at least 4 feet tall and 6 feet wide.
3. The notice shall be placed at least 14 days prior
to the decision/public hearing and shall remain in place until
an action has been taken on the application and the appeal
period, if any, has passed.
4. The notice shall contain the following:
a. The exact address of the property, if known, or
the location of the property, if the address is not known;
b. A brief description of the proposed project, the
content of which shall be at the sole discretion of the City;
City contact information for public inquiries;
A deadline for the submission of public
e. If proposing a physical alteration to an existing
building or new buildings, at least one of the following
visual representations of the proposed project:
i. A color perspective drawing or three-dimensional
(3-D) photographic simulation of the proposed project, in a
size deemed appropriate by the Director of Community
Development
ii. For Two Story Permits and Residential Design
Review Pernnit, and Miscellaneous Ministerial Permit
applications, a color or black arid white perspective drawing
or bee-dimensional (3-D) photographic simutation of the
proposed project, at least 11 inches by 17 inches in size.
iii. Visual Representation is not required for
applications that do not have a material change in the
physical appearance of the property.
l
2022 S-86
31 Administration 19.12.110
G. Miscellaneous Ministerial Permit: For projects
requiring notice of a Miscellaneous Ministerial Permit,
notice sliall be mailed in accord with subsection
19. 12. 110A(4) andpostedontheproperty, fourteencalendar
days prior to the date of action on the application.
(Ord. 22-2238, §§ 3.5-3.6, 2022; Ord. 21-2235, §§ 3.5-3.6,
2021; Ord. 17-2165, 8, 6, 2017; Ord. 17-2162, § 4, 2017;
Ord. 14-2125, 8) 4 (part), 2014; Ord. 2085, 8, 2 (part), 2011)
19.12.120 Action by Director of Community
Development-Adnainistrative.
A. For applications requiring Administrative review
with no public meeting, public hearing or comment period,
the Director of Community Development or his or her
designee may, subject to the requirements of Section
19. 12. 100, issue his or her decision no later than thirty days
from receipt of all information, unless referred to a different
approval authority for a decision.
B. For applications requiring Administrative review
with a public meeting, public hearing or conunent period,
the Director of Community Development or is or her
designee may, subject to the requi'rements of Section
19. 12. 100:
1. Issue his or her decision ar tl'ie conclusion of the
puTilic meeting, public hearing or comment period;
2. Continue the item for additional public hearings,
priblic meetings or comment period; or
3. Defer action by taking the item under advisement
and issuing the decision no later than thirty days following
the public meeting, public hearing or comment period.
No additional noticing is required if a project is
continued.
C. For applications where a public meeting or public
hearing is required to be held before the Director of
Community Development, the meeting shall be l'ield in the
same manner as a Design Review Committee meeting.
(Ord. 20-2200, § 7, 2020; Ord. 14-2125, FB 4 (part), 2014;
Ord. 2085, !§ 2 (part), 2011)
19.12.130 Action by Design Review Committee
and Planning Commission.
A. For applications where the Design Review
Coinmittee or Planning Commission is the Approval Body,
it shall render a decision, which is supported by the evidence
contained in the application or presented at the meeting, at
the meeting, or at a subsequent meeting after conclusion of
the public hearing or public meeting, subject to the
requirements of Section 19. 12. 100.
B. For zoning map amendments, on the basis of
evidence and testimony presented to the Planning
Commission at the public liearing, the Planning Commission
may determine that the public interest will be served, either
by revising the area being considered for reclassification to
include properties not originally part of the application, or
by giving consideration to district classifications not
originally requested by the application. The Planning
Commission may, solely at its option, consider additional
properties or district classifications, or both.
C. For applications requiring City Council approval,
the reviewing body shall forward its written findings,
determinations and recommendation to the City Council for
final action, subject to the requirements of Section
19. 12. 100.
(Ord. 14-2125, 8, 4 (part), 2014; Ord. 2085, S, 2 (part),
2011)
19.12.140 Action by City Council.
A. Upon receipt of a recommendation of the
reviewing body, the City Council may by resolution
approve, modify, or disapprove the recommendation of the
reviewing body, subject to the requirements of Section
19.12.100.
B. Upon final approval of a zoning or prezoning
application, the City Council shall enact anordinance zoning
or prezoning the subject property or properties,
incorporating within the ordinance:
1. AConceptualdevelopmentplan,ifrequired,and
2. Conditions of approval.
C. For a Development Agreement, the City Council
shall enact an ordinance that shall refer to and incorporate
the text of the Development Agreement by reference.
D. For applications requiring City Council approval,
the City Council shall issue its decision at the conclusion of
the public hearing or public meeting.
(Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part),
2011)
19.12.150 Notice of Decision and Reports.
A. Notice of decision:
i. The decision for applications approved with a
public meeting or public hearing shall be mailed to the
property owner and applicant at the address shown on the
application.
2. Tlie decision for applications approved with a
comment period shall be mailed to the property owner and
the applicant at the address shown on the application and any
person who has cominented on the proposed project within
the comment period or during revocation proceedings.
3. The decision shall contain the following:
a. Applicable findings;
b. Any reasonable conditions or restrictions deemed
necessary to secure the purpose of this title and to assure
operation of the development and/or use in a manner
compatible with existing and potential uses on adjoining
properties and in the general vicinity; and
2022 S-86
19.12.150 Cupertino - Zoning 32
c. Reporting/monitoring requirements deemed
riecessary to mitigate any impacts and protect the health,
safety and welfare of the City.
4. The decision of the Director of Community
Development, Design Review Committee or Planning
Comrnission shall be final unless appealed in accord with
Section 19.12.170. A decision of the City Council shall be
final.
B. Reports: The Director of Community
Development shall endeavor to forward reports, within five
calendar days from the date of the decision, to the:
1. Planning Commission and the City Council of a
decision by the Director of Community Development.
2. Planning Commission and the City Council of a
decision by the Design Review Committee.
3. City Council of a decision by the Planning
Commission.
(Ord. 20-2200, § 8, 2020; Ord. 14-2125, § 4 (part), 2014;
Ord. 2085, f§ 2 (part), 2011)
19.12.160 Effective Date.
A. A permit approved by the City Council shall take
effect ten days following the date that the findings are
adopted.
B. Specific Plans, General Plan Amendments,
Zoning Ordinance/Map Amendments, and Development
Agreements shall become effective thirty days following the
final date of action (e. g., adoption) by the City Council.
C. All other permits shall take effect fourteen
calendar days following the date that the findings are
adopted by the appropriate Approval Body, unless an appeal
is fffed as provided in Section 19. 12.170.
(Ord. 14-2125, § 4 (part), 2014; Ord. 2085, S, 2 (part),
2011)
19.12.170 Appeam.
A. An appeal may be filed by any person, firm or
corporation aggrieved or affected by any grant, denial,
modification or revocation of any permit, or any
determination or interpretation related to any provision of
this title. No appeal of a Miscellaneous Ministerial Permit
shall be allowed.
B. Filing:
L An appeal shaIl be in writing on forms prescribed
by the City and shall be filed during regular office hours
wii the City Clerk within fourteen calendar days after the
City decision or if a notice of decision is not required, from
the date of the decision or determination, under this title.
An a.ppeal not filed within such time shall be barred. The
appeal shall state the grounds and basis thereof.
2. Appeals under this chapter are subject to an
appeal fee as prescribed by resolution of the City Council.
C. Noticing: Notice of heaig shall be given in the
same manner in which the original notice was given. If a
project with no noticing is appealed, appropriate noticing
shall be determined by the Director of Community
Development.
D. Appeal hearing body shall be determined in
accord with Section 19.12.030.
E. Decisionoftheappealhearingbody:Thedecision
or determination of the appeal hearing body on any appeal
shall be final and effective immediately.
F. Notice of Decision: Notice of the appeal heaig
body's decision shall be mailed to the original applicant, to
the person filing the appeal, and to any other person who has
filed a written request with the City Clerk.
(Ord. 22-2238, § 3.7, 2 €)'2; Ord. 21-2235, § 3.7, 2021;
Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011)
19.12.180 Expiration, Extension, Violation and
Revocation.
A. Expiration.
1. Approval on a permit or variance shall become
null and void and of no effect, within the time frame
specified in Section 19. 12.030 following its issuance, unless
a shorter or longer time period is specifically prescribed in
the conditions of permit or variance or the Section of the
Municipal Code pursuant to winch the permit or variance is
issued, unless:
a. A building permit is filed and accepted by the
City (fees paid and control number issued.) In the event that
a building permit expires for any reason, the pennit sliall
b ecome null and void.
b. A permit or variance shall be deemed "vested"
when actual substantial and continuous activity has taken
place upon the land subject to the permit or variance or, in
the event of the erection or modification of a structure or
structures, when sufficient building activity has occurred and
continues to occur in a diligent manner.
2. Notwithstanding subsection I of this section, if
ikie use for which a conditional use permit was granted and
utilized has ceased or has been suspended for one year or
more, the permit becomes null and void.
3. Unless a variance or exception has expired
pursuant to subsection 1 of this section, it shall continue to
exist for the Iife of the existing structure or such stiucture as
may be constructed pursuant to tlie approval, unless a
different time period is specified in its issuance. A variance
or exception from the parking and loading regulations, and
a sign exception shall be valid only during the period of
continuous operations of the use and/or structure for which
the variance or exception was issued.
B. Extensions. A permit or variance may, in accord
with Section 19. 12.030, Approval Authority, be extended
for the time frame specified in Section 19.12.030, upon
timely submittal of an application with the Director of
Community Development prior to expiration.
(l
2022 S-86
19.28.010
CHAPTER 19.28: SINGLE-FAMILY RESIDENTIAL (R-1) ZONES
Section
i9.28.010
i9.28.020
19.28.030
19.28.040
19.28.050
19.28.060
19.28.070
t9.28.080
19.28.090
19.28. 100
19.28.ll0
i9.28. 120
19.28.130
19.28.140
19.28.150
Purposes.
Applicability of regulations.
Permitted, conditional and excluded
uses.
Permits required for development.
Zoning districts established.
Site development regulations.
Building development regulations.
Eichler (Rl-e) building design
requirements.
Development regulations-(Rl-a).
Permitted yard encroachments.
Single-family residential design
guidelines and principles.
Landscape requirements.
Exceptions.
Findings.
Ministerial approval of up to two
units.
19.28.010 Purposes.
R-1 single-family residence districts are intended to
create, preserve and enhance areas suitable for detached
dwellings in order to:
A. Enhancetheidentityofresidentialneighborl'ioods;
B. Ensure provision of liglit, air and a reasonable
level of privacy to individual residential parcels;
C. Ensure a reasonable level of compatibility in scale
of structures within residential neighborhoods; and
D. Reinforce the predominantly low-intensity setting
in the community. (Ord. 2085, fS, 2 (part), 2011 ; Ord. 2079,
(part), 2011; Ord. 2039, (part), 2009; Ord. 1954, (part),
2005; Ord. 1868, (part), 2001; Ord. 1860, § 1 (pan), 2000;
Ord. 1834, (part), 1999; Ord. 1601, Exh. A (part), 1992)
19.28.020 Applicability of Regulations.
A. No building, structure or land shall be used, and
no building or stnicffire shall be hereafter erected,
structurally altered or enlarged in an R-I single-family
residence district other than in confon'i'iance with tlie
provisions of this chapter and other applieable provisions of
this title.
B. Reasonable Accommodation: Notwithstanding
19.28.020(A) above, a request for reasonable
accommodation may be made by any person with a
disability, when die strict application of the provisions in
this chapter, act as a barrier to fair housing opportunities,
pursuant to Chapter 19.52. (Ord. 2085, S, 2 (part), 2011;
Ord. 2079, (part), 2011; Ord. 2039, (part), 2009; Ord.
1954, (part), 2005; Ord. 1860, § 1 (part), 2000; Ord. 1834,
(part), 1999; Ord. 1601, Exh. A (pan), 1992)
19.28.030 Permitted, Conditional and Excluded
Uses.
Permitted, Conditional and Excluded Uses that may be
conducted from property zoned Single Family Residential
(R-1), are identified in Section 19.20.020. (Ord. 2085, § 2
(part), 2011; Ord. 2079, (part), 2011)
19.28.040 Permits Required for Development.
Table 19.28.040 sets forth the planning permits
required for development in the Single-Fai'nily Residential
district.
[Table 19.28.040 begins on next page.]
2022 S-86 47
Table 19.28.040 Permits Required
Planning permit requtred prior
to buil&ig permit application
Approval
autlioritv
Type of Prqiect
A- None Admin.
I
!
One-stciry single-laamily pro_ject tbat does not require exception cir variance rrom the
requirements of this chapter
B. Minor Residential Permit,
pursuant to Cliapter 19.12,
Administr;itiorr
i
' I
I
I
1. One-story encroaclmietu into a required rear yard setback, suliject to requirements ol-
Section 19.28.070
2. One-story extetisioii oran existing side )rain noncon[aorming liui)ding wal) line, su(2iect
to requiren'ients ola Section 19.28. 100 in all district.s except Rl-a
3. One-story project witli a gable end oiJ a roar enclosing an attic space projecting outside
tl'ie building envelope, subject to requiretnents of Section }9.28.070 or N9.28.080
4. New or exp;inded second stoty deck or balcoi'iy with views into neighboring residential
side or rear yards in ail districts except Rl -a
5. Any active or passive solar structure that requires variation froni the setback or lieigl'it
restrictions of this cl'iaptcr. provided that no such structtire slrall infringe upon solar
easements OT adjoining property owners
6. One or two-story additioxi Or nelV liome 011 a sloped single-f'arnily residential !ot with
developmet'it on building pads/graded areas with actual slopes equal to or greater that'i
20% and witl'i total floor area ratio ot' all structures on tlie lot greater tlian 35%
C. Director's Minor Modirica[io'i'i,
liursuant to Cliapter 19. 12,
Administration
Encmaclmicnt (')[ porcli cicinents itito Lhe required Front yard sctback in tlie Rl-a zone,
s$ject to the requirements of Section 19.28.100
D. Two-Story Permit, pursuant to
Chapter i9.l2, Administration
Two-story addition or ne'sv two-story home in all districts tliat do not require Residential
Design Review per Section 19.28.040(E) except iri an Rl-a zoxie
o
OTa
Table 19.28.040 Permits Required (Cont.)
E. Resiclcntial Design Review,
pursuant to Chapter 19.12,
Administration
' Admin. I
iyith
desigri
review .
Two-story addition or ncw two-story Ixome in all districts except Rl-a where:
1. Second floor to first floor area ratio is greater than 66%, except any second to ('irst
floor ratio for developnient on building pads/graded areas with aciual slopes equal to or
greater than 20% ; and/or
2. Wlierc sccond stciry side yard setback(s) arc ]ass t)ian I5 fcet to any irxterior sidc
pmperty Jine
DRC with
design
review
Tivo-story additii_'ii'i, 11Cw twci-sory l'ioim, and/cir second story deck in the Rl-a zonc
F. Exceplion, pursuant to Chapter
19.12. Administration &
Section 19.28.i30, Exceptions ,t
DRC
I
I i
.
I i
II
One cir two-slc+r>i pro_ject requesting an exception rmm Sections 19.28.070 [Development
Regulations (Buikling)], 19.28.080 [Eicliier Rl-e Buildixig Design Requireinentsl, and!or
i9.28J iO [Laxidscape Requirenientsj.
G. Hillsiae Exception, pursuavit to
Cbapter 19,12, Adininistralion
PC
I
Development (ai-ea greater tl'ian 500 square feet) on slopes greater tliaii 30%
H. Architcctural and Site
y'ipprova!, pursuant to Chapter
19.12, Administration
One or two-stor)i additioxi or new l'icmie On a slopcd sit'igle-family residential lcit with
development on building liads/graded areas yiiit}i actual slopes equa) to or greater lhan 20%
and where tlie cut plus fill of rite site exceeds 2,500 cubic yards
T. CorJiticmal Use Pcrmi,
pursuant to Chapter 19.12.
Adniinistratioii
Twio-story addition cir nesv two-stt_iry lion'ie in an Rl zoning dimrict witli an "i" suffix
_l. Single-Story Overcast District
Application, pursuant to
Cliapter i9.l2, Administration
CC Establislunent or i-emoval oia a Single-Story Overla)i District in a Single Fami]y Residential
District (Addition or ren'ioval of the "l" suffi,v iii an Rl zoning district)
K. Miscellaneous Ministerial
Peri'i'iit.
Admiii 1. Newi one or hvo-stoiy duplex project in an Rl zoning district pursuant to Govert'unent
Code Section 65852.21
2. Ncw (mC OT two-slory single famil)i home cir sccondary principal tlwcllinB unil, or two
story addition in an Rl zonitig district l'iursuant to Government Code Section 65852.21
(Ord. 21-2235. 'q 38, 2021; Ord. 22-223E, ':, 38, 2022; Ord. 17-2162, !; 6, 2017; Ord 2085. § 2 (paitl 20il: Ord. 2079, (part), 2011)
N
oE
19.28.050 Cupertino - Zog 50
19.28.050 Zoning Districts Established.
A. Table 19.28.050 sets forth the zoning districts
established.
property owners of record within the proposed or existing
Single-Story Overlay District (each developable lotof record
shall have one (1) signature). The petition shall contain
information about the proposal including, but not be limited
to, the following:
a. Map pursuant to Section 19.28.050(B)(1);
b. Property Addresses;
c. Property Owner Name(s) and Original
Signature(s);
d. Applicant Contact Information.
(Ord. 17-2162, § 7, 2017; Ord. 2085, 8, 2 (part), 2011; Ord.
2079, (part), 2011)
Zoning Designation Zoning Defuiition
Rl-X Single Family Residential
District - Minimum lot area
corresponds to the number (X),
multiplied by 1,000 square feet
Rl-Xi Residential Single FamiIly
Single-Story Overlay District to
limit homes to One Story (not
to exceed 18 feet high) -
[minimum lot area corresponds
to the number (X), multiplied
by 1,000 square feet preeeding
the 'i' symbol]. May be
combined witl'i all Rl zoning
designations.
Rl-6e Single Family Residential
Eichler District (6,000
minimum lot area)
Rl-a Single Family Residential
District with Semi-Rural
Characteristics (10,000 square
foot minin'ium lot area)
19.28.060 Site Development Regulations.
Table 19.28.060 sets forth the niles and regulations for
site development in the Single-Family Residential District.
[Table 19.28.060 begins on next page.]
B. Establishment or Removal of an existing
Single-Story Overlay District (Rl-Xi): In addition to the
applicationrequirements identified in Section 19.12.080, the
applicant shall submit the following:
1. Map delineating proposed boundaries for the
Single-Story Overlay District, or removal thereof,
corresponding to natural or man-made features (including,
but not limited to, streets, waterways, zoning boundaries
and similar features,) which would result in the
establishment of an identifiable neighborhood, that includes
one (1) or more entire city block(s), or one (1) or more
eiitire subdivision tract(s), or street face(s) opposite of one
another within a block;
2. Evidence, to the satisfaction of the City, for an
establishment of a Single-Story Overlay, that a minimum of
seventy-five (75) percent of the homes within the proposed
Single-Story OverIay District are single-story;
3. A written statement setting forth the reasons for
the application and all facts relied upon by the applicant in
support thereof;
4. Original application petition signed, at a
mium, by sixty-sixandtwo-thirds (66-2/3) percentofthe
2017 S-61
Talile 19,28.060 Site Devejopment Regulations
Rl-5 Rl-6, 7.5, 8, 30, 20, etc., and Rl-6c Rl-a
A. Mininuun net lot area'
t
i. 5,000 square feet ii. the riumber mtiltiplied by 1,000
SquaTe feet
iii. 10,000 square feet
iv. For lots created under tlie provisions of Goveriunent Code Section 6441i.7, the resulting lots shall be 40-60% of
thc lot being subdivided witl'i no Jots Icss tlian 1200 squarc feet.
B. Mininiun'i lot width (at tlie
front setback line)
:
I
:
:
I
i. 50 feet ', ii. 60 feet iii. 75 feet
iv. For lots created pursuaiit to the provisions of Government Code Section 64411.7:
a. No more than two new properly lines may bc added to create ;i new lot.
b. Existing inlcricir !ots or pie sliapcd lots witl'i60 feet or more strcct frontage: rcsultii'ig LOTS sl'iall bavc a strcct
(rontage tbat OS betweexi 40-60% or t!ie !ot widtb of' tbe !11€ being subdivided.
c. Existing interior lots or pie siyapea iots witli less tl'ian 60 iaeet of street frontage: oi'ie oi' lie resuiting iots sliall
be a tlag lot witli ;iccess to tlie street.
. d. Existing flag lot subdivisiori: resulting Jots n'iust be subdividca in tiic same orici'itation as lxc existing lot (i.e.
' the existing front lot line must be tbe front lot }iiie of tbe future lots <ind the existii'ig rear }ot line shall be the
rear lot lirie of tl'ic future !ots) and shall be betwccn 40-60% of the )ot width or the lot being subdivided.
e. Coi'ner )ots: Sliall lie subdivided in a inatmer t!iat the existing street side property line shall he split to create at
least one front lot line on that frontage.
IC. Landscripii'ig
I
l
l
I
i. Sce Cliapter l4.l5, Lairdscape Ordinance
ii_ ,/'it ]east 50% t'>l- the fmnt yard ol' any prqject approved pursuant to
I Cl'iapter 19.28.150 shall be occupied by landscapiiig (i.e., not
hardscsipcd).
I
:iii. Laridscaping plans are required For all '
additions or newt liomes. Tlie purpose
of tlie landscaping is to beautity the
property at'id to aclxievc parti;il
scrcening of liuilding rorms fmn'i the
street and ad.jacent properties.
Generally, tlie laiidscaping may include
sl-irubbcry, l'iedges, trees, or lattice
with siincs cin I-cnccs.
iv. At least 50% oJ' tlie front yard ola ai'i)i
project approved pursuant to Cliapter
19.28.150 sl':hall be occupied by
)and.scaping (i.e., nc'it liardscapcd),
t,)
0
tQ
tQ
Table 19.28.060 Site De'te1opmcnt Regulattons (Cone.)
Rl-5 Rl-6, 7.5, 8, 10, 20, etc,, and Rl-6e Rl-cl
D. Development proposed on building ):iads/graded area with slopes equal to or greater than 20%
1. Total site grading (cut plus
fill)"-a
I
i. 2.500 cubic yards maxiinuin.
ii. Projects that exceed tlie maxiinuin quantity shall require Architectural and Site Approval per Section 19.28.040(H).
iii. For projects proposcd pursuant to Govcri'iment Codc Sections 644l1.7 and 65852.2] sliall I)C limited to 2.500 cubic
yards l'or five entire site pi-ior to subdivision.
isi. For projects proposed pursuant to Goveriunent Code Sections 64411.7 aiid 65852.21, flat )iard area created b)i
grading areas that are sloped mc'ire than 10 % shhill be liniited to 2,500 square feet not including the driveway prior
', coaiiysubdivisioit. )
2. Fences ' See Chapter i9.48, Fence Ordinance [
IE. Dcvclcipmcnt (structures,
, improvements, or grading)
on actual slopes > 30%
I
i. Limited to 500 square feet. I
' ii.. Devekipmetit greater tlian 500 square feet shall be subject [(1 a I-Tiilside Exception !)IY tbe Planriing Comtnission ii'i '
accordance witli section 19.40.080 of the RIIS Ordinance. No Hi]lside Exception is permitted on iots developed
pursuant to Section 19.28. 150.
IF. On-site in'iprovements
I
i
i
I
All properties sl"iall provide a 4.5 foot wiide I:iatlyway and a 4.5 foot wide planting strip, curb and gutter, curb cut, AC
p;iven'iei'it, and underground utilities at the street as follows:
1. Detached p;ithuia)i when tlie properties 011 either side of tL'ie property being developed l'i;is a deached pathway
2. Moi'ioliil'iic patliway ui)ien the properties ori eitber side or the property lieing developed lias a mono)'uliic pathway
3. Wlien properties on eitlier side of the property do not liave a pat)iwa>i, a liatliwa)i tliat maiclies tlie pre-doininant
pattem of patlnvays on the street, as deterniined by the City Hngiiieer, shall be provided, unless the property has a
"semi-rural" designation adopted by City Cocmcil resoluticm.
4. The City Engmeer sliall adopt any objective slat'idaid necessary to implement tlie iequirements of this paiagrapli
o
t,)
0
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tQ
TaliEe 19.28.060 Site De"elopment Regulations (Conl-)
Rj-5 Rl-6, 7.5, 8, 10, 20, eke., and R[-6c Rl-a
G. Driveways for
l' deve[opmcnts pursuant to
Gosiernment Code Sectit'>n
64411.7
I
I
I
i 1. For neiv interior lots with a street frontage of 35 feet or less, no more th;in a !2-foot svide, one-car wide curb cut, '
i ShaU be pCTll'1ittCd. A distance Of at leant 22 feet 8hall bC pr(JVidCd bCtW('ell tl')e IIVO 0110-Cala Wid(' Culab CtltS, elSO, a ,
shared driveway curb cut may be provided.
: 2. Existing pie-sliaped lots witli a street frontage of .inore than 70 feet: Resulting lots inay provide a ma,yiinunt 18 foot
j wide driveway etlrb cot fOr eaCll resultii'ig lot ):irovided a distartce Ofat leant 22 feet iS provided between eXiStillg and
proposcd drisicway flarcs, else a drivcway curb cut no more (lian 12 foot wide (onc-car widc curb cut) shall ooc
permitted.
3. Existing pie-sliaped lots with a street frontage 70 feet or less: Drivewa)i access sliall lye sliared over tl'ie access area
of the resulting tlag lot. No other curb cuts sliall be permitted.
4. W)icn subdivision rcsults in a flag lot subdivision, tlic lots sliall sliarc vcliicular acccss off of a mininuiin 20 foot and
: a xnaxitxiu'in ola a 25-i'oot-wide access area coinprising ol- a miniinun'i 16-root drivc aisle, and minimuni 2 l-oot wide
lantJscapinB phtntcr on citl'ier side.
5. Wliere a sharecl driveway (Tlo( through a llag lot) is pi-oposed:
' i. No additional curb cuts sliall l'ie pernyitted. '
ii. 50% of the widtii of tlie shared drivewa)i curb cut shall be on eacl'i property.
iii. A maxii'i'iun'i curb cut or 18' fect sliall be pci'mittcd.
6. A maxiinum 18' wide car curb cut is allowed wlien a two car approach is pei'mitted.
7. A covenant riecessary for appropriate ingress arid egress easen'ients sliall be recorded wlien access is sliared prior to
final parcel map recordatiori.
8. A main(enancc agreement sl'iall be rccordcd to ensure slrartxl maintenance of any shared access c;.iscmcnts,
storimxiatcr (rcaunent, landscapii'ig and privaie uilitics, prior to final liarccl map recordation.
H. Bascinents and Covcnai'its
required roia subdiyisions
liursuant to Government
Code Section 64411.7
1. Utility cascmci'itb sl'iall Lic recorded pricir tci finitl pai-eel map rccordatioi:i.
2. A covc'nai'it ncccssary (aor mainteriance cil' stornrwater trcati'nenc Facilities shall be recorded pi-ior to linal map :
recoi-datioi'i.
Table 19.28-060 Site Developiuent Regulations (Coni.) '
NOles:
' LOtS, whiCll COlltaill leSS area Cllan required 5)' itS ZOlling deSigllatiOn, but 110€ LEES tllall 5,000 Square feet, llla)t lleVertlleleSS l)e 11Sed aS buildillg SiteS,
providcd that all otlier applicable requirements of tl'iis title ;ire fulfillec).
2 Ma:xin'iuin gr<iding quantity includcs grading for the building pad. )iard arcas, drivcway, axid all citlicr areas rcquirixig grading. but does not include
tiasements. Tl'ie graded area sliall be !imited to tiie liuilding pad area to tl'ie greatest extem possible. Grading quantities for inu)tiple driveways are
divided equally among tl'ie par'ticipatiiig lots, e.g. two lots sliaring a driveway will divide tlie drivewa)i grading quantity it-i half. Tlie divided sliare will
'be charged against tlie grading quantity allowed for tliat iot development.
3 All cut and fill areas shalJ be munded I-o follow lne naiural contours and planted with landscaping that meets the following tequiremenLs:
i. A landscape plan sliall be prepared tl"iat atJdresses me;isures to prevent soil erosion and to scteen cut and fill slopes.
ii. A tree planting p)axi sliall k prcparcd ror the silc tvliicly will screen grading areas, and residential structures, to the greatest possi.blc c,stcnt, as
wel] as to reintroduce trees on barren slolies wihicli were denuded hy prior agricultura! acivities.
iii. Laiidscape in'iprovemeut.s sliali ineet tl'ie requirements as established in the Laixlscape Ordinance, Cliapter 14.15.
iv. Landscape improvements sliall be installed prior to fin;il occupancy unless sucli installcition is in'ipracticcible, in which case, tlie applicant shall post
a bond, cash, or otlicr security o ensure installatioi'i witl'iin an 18-montli perix.id fron* occupancy, ,'ill stu,:li )andscapc arcas shall be properly
maintained.
(Ord, 22-2238, § 3.9, 2022; Ora. 21-2235, Fg 3.9. 2021; Ord. 2085, 8, 2 (pait), 2011; Ord. 2079, (part), 2011)
N
o
E
Eia
tf:l
65 Single-Family Residential (R-1) Zones 19.28.140
2. The granting of the permi will not result in a
condition that is detrimental or injurious to property or
improvements in the vicinity, and will not be detrimental to
the public health, safety or welfare.
3. The proposed project is harmonious in scale and
design with the general neighborhood.
4. Adverse visual impacts on adjoining properties
have been reasonably mitigated.
B. Two-Story Permit Findings.
1. The project is consistent with the Cupertino
General Plan, any applicable specific plans, zoning
ordinance and the purposes of this title.
2. The granting of the permit will not result in a
condition that is detrimental or injurious to property or
improvements in the vicinity, and will not be detrimental to
the public }iealth, safety or welfare.
3. The proposed pro5ect is hatynonious in scale and
design with the general neighborhood.
4. Adverse visual inipacts on adjoining properties
have been reasonably mitigated.
C. Residential Design Review Findings.
1. The project is consistent with the Cupertino
General Plan, any applicable speeific plans, zoning
ordinance and the purposes of this title.
2. The granting of the permit will not result in a
condition that is detrimental or injurious to property or
improvements in the vicinity, and will not be detrimental to
the public health, safety or welfare.
3. The project is harmonious in scaIle and design
with the general neighborhood.
4. Theprojectisconsistentwiththetwo-storydesign
principles and generally consistent with the single-family
residemial design guidelines.
5. Adverse visual impacts on adjoining properties
have been reasonably mitigated.
D. Residential Design Review Findings, Rl-a zone.
1. The project is consistent with the Cupertino
General Plan and Title 19 of the Cupertino Municipal Code.
2. The granting of this permit wffl not result in
detrimental or injurious conditions to the property or
improvements in the vicinity, or to the public healtl'i, safety,
or welfare.
3. The project is generally compatible with the
establishedpatternofbuildingforms, buildingmaterials, and
designs of homes in the neighborhood.
4. The project is generally eompatible with the
City's single-family residential design guidelines and the
guidelines in this chapter and any inconsistencies have been
found to not result in impacts on neighbors.
5. Significant adverse visual and privacy impacts as
viewed from adjoining properties have been mitigated to the
maximum extent possible.
E. R-l Exception Findings.
1. The literal enforcement of this chapter will result
in restrictions inconsistent with the spirit and intent of this
chapter.
2. The proposed development will not be injurious
to property or improvements in the area, nor be detrimental
to the public safety, health and welfare.
3. Tlie exception to be granted is one that will
require tl'ie least modification of the prescribed design
regulation and tl'ie minimum variance that will accomplish
the purpose.
4. The proposed exception will not result in
significantvisual impact as viewed from abutting properties.
(Ord. 2085, 8, 2 (part), 2011; Ord. 2079, (part), 2011)
19.28.150 Ministerial Approval of Up to Two
Units.
A. Issuance of Miscellaneous Ministerial Permit.
The Director of Community Development sl'iall ministerially
approve up to two residential units on a parcel in an R-1
single-family residence district or R-I zoned Planned
Development Zoning District if the proposed housing
development meets the requirements of Government Code
Section 65852.21 and complies with all applicable objective
zoning standards, objective subdivision standards, and
objective design review standards.
B. The Director of Community Development shall
impose all objective zoning standards, objective subdivision
standards, and objective design review standards in the
Municipal Code, General Plan, any applicable specific plan,
and other objective land use specifications that do not
conflict with the requirements of Government Code Section
65852.21, including but not limited to the objective zoning
and design standards in Paragraph E.
C. Notwitl'istanding Paragraph A, the Director of
Community Development may deny a housing development
project proposed under this Section if the Building Official
makes a written finding, based upon a preponderance of the
evidence, that the proposed housing development project
would have a specific, adverse impact, as def'ined and
determined in Government Code Section 65589.5(d%21
upon public liealth and safety or the physical enviroiunent
and for which there is no feasible method to satisfactorily
mitigate or avoid the specific, adverse impact.
D. Application and Fees. An application on a form
made ayailable by the City shall be completed by the
applicant. The form shall be accompanied by a fee that the
City Council may adopt by resolution to sufficiently recover
the cost of administering the requirements of this section.
The application sliall be accompanied by all technical
reports, plans and information required to make a
determination on tl'ie proposed project.
2022 S-86
19.28.150 Cupertino - Zoning 66
E. Objective Zoning and Design Standards for Ministerially Approved Housing Development Projects in the R-1
District. In additionto any applicable objective zoning standards, objective subdivision standards, and objective design review
standards in the Municipal Code, a housing development project approyed pursuant to this Section must comply with all
applicable objective zoning and design standards to the maximum extent permissible under Government Code Section
55852.21, including b;t not limited to the following standards for ministerial development grojects:
1. Development
Standards
(Gov. Code,
§ 65852.21)
a. Except as otherwise provided herein, units shall not exceed 800 square feet per unit and
shall comply with Paragraph B.
b. The floor area of the larger unit in a duplex development proposed pursuant to this Section
shall be no more tl'ian 200 square feet greater than the smaller unit of the duplex
development.
c. Notwithstanding subparagraph (a), a duplex developed pursuant to this Section may have a
Floor Area Ratio of up to 45 % of the net lot area, plus an additional5 % for roof overhangs,
patios, porcl'ies, and other similar features not Substantially Enclosed, if it complies with the
requirements of Paragraph B and subparagraphs 2 through 16 of this Paragraph; provided,
however, that a housing development project on a lot having a slope 30% or greater shall
not exceed the floor area allowed under Chapter 19.40. However, under no circumstances
shall the size of any rninisterially approved unit exceed 2,000 square feet.
d. If proposing a two unit development, no more than 25 % of the existing exterior walls of an
existing init shall be demolished unless the site has not been occupied by a tenant in the last
three years,
e. If no dedication was required for creation of tlie lot, the project shall include a dedication to
accommodate the predominant public right of way, as determined by the City Engineer,
abutting the corresponding lot line and frontage improvements, including curb, gutter and
sidewalk shall be installed by the applicant.
2. Second to
First Floor
Area Ratio:
a. The ratio of the second story to fu'st story floor area shall not exceed 50% except that:
i. In all Rl zoning districts except the Rl-a district, the ratio of the second story to first
story floor area may be up to a maximum of 66%, if a combined first story setback of
15 feet (with no first story side setback less than five feet) and a combined second
story setback of at least 25 feet (with no second story side setback less than 15 feet)
and a rear setback of 25 feet is provided,
ii. In tlie Rl-a zoning district:
1. The maximum second story to first story floor area ratio is 40 % of the existing or
proposed first floor area but no larger than 500 square feet;
2. A second floor may be at least 750 square feet in area but shall not in any case
exceed 1, 100 square feet, if a combined first story setback of 20 feet (witl'i no
first story side setback less than ten feet), a combined second story setback of 35
feet (with no second story side setback less than 15 feet) and a rear setback 40
feet is provided.
b. Interior areas (measured from the finished floor to the top of the roof rafters) wif_h heights
greater than 16 feet shall be double counted as floor area as follows:
i. For one story homes, the floor area shall be double counted as first floor area.
ii. For two story liomes, the floor area shall be counted once each for first and second
floor area.
2022 S-86
66A Single-Family Residential (R-I) Zones 19.28.150
3. Setbacks:a. Minimum first floor front setback is 20 feet, except as otherwise required in a tract map or
zoning map except that:
i. In the Rl-a zoning district, the required minimum front setback is 30 feet.
ii. Garages with up to two parking spaces shall be setback two additional feet from the
face of the living area of the unit, not including a front entry feature or porch.
iii. Third car garage spaces:
1. On lots when the garage is visible from the street: parking shall be provided in
tandem or in a detached accessory strucnire at the rear of the property.
2. On flag lots or on side-oriented garages located at the rear of the principal unit: a
tl'iird parking space may be on the same wall plane as the other two parking
spaces.
b. Minimum second floor front setback is 25 feet except that:
i. In the Rl-a zoning district, the required minimum front setback is 30 feet.
c. First and Second Floor side and rear yard setbacks: Minimum side and rear setbacks shall
be four feet; provided, however, that:
i. No setback shall be required for an existing structure or a structure constructed in the
same location and to the same diinensions as an existing stnicffire.
ii. No new or expanded structures shall encroach upon any existing public or private
utility easements.
iii. No setback shall be required from a shared new lot line between the two new lots
created pursuant Co an urban lot split under Government Code Section 66411.7 when
more than one new primary dwelling unit is approved concurrently with the lot split.
d. Corner Triangle: No portion of a stnicture shall be located within a corner triangle,
provided that in no case a side yard setback of more than four feet would be required.
e. Detached primary residential structures: Detached structures shall have a setback of five
fee'i as measured between the eaves of the two structures.
4. Maximum
height:
a. Principal Dwelling rinits are limited to 28 feet, no more than two stories except that:
i. In R-1 Zoning Districts with "i" suffix, buildings shall be limited to one story (not to
exceed 18 feet).
b. First floor building envelope: All the maximum exterior wall height and building height on
single-story stn'ictures and single-story sections of two-story structures must fit into ffie
building envelope defined by:
i. A 9 foot high vertical line from natural grade measured at the property line; and
ii. A 25 degree roof line angle projected inward at the 9 foot high line referenced above;
c. Notwithstanding ffie first floor building envelope, a gable end of a roof enclosing an
unfinished attic space may have a maximum wall heiglit of 13 feet to the peak of the roof as
measured from natural grade.
d. Second story building envelope: All the maximum exterior wall height and building height
on two-story sections of two-story structures must fit into the building envelope defined by:
i. A 15 foot high vertical line from natural grade measured at the property line; and
ii. A 25 degree roof line angle projected inward at the 15 foot high line referenced above.
l
2022 S-86
19.28.150 Cupertino - Zoning 66B
5. Basements:Not allowed.
6. Landscaping
and Privacy
Protection:
a. Landscaping: All proposed landscaping shall meet the requirements of Chapter 14. 15 of the
Municipal Code
i. Front Yard 'rree Required: A 24-inch box California native tree that typically grows to
a mature height of more than 30 feet is required for all (wo story homes and must be
placed in the center 50 % of the front yard.
ii. An existing mature tree in the front yard that is or can typically grow to a heiglit of 30
feet of more and is located in the center 50% of the front yard can be used as the front
yard tree, subject to an ISA certified arborist certifying that the tree is in good health.
iii. A covenant shall be recorded to identify the front yard tree as a Protected Tree and
notifying current and fumre property owners to retain and maintain the me in good
health.
b. Privacy Protection planting for windows from second story windows shall be required in 'ate
same manner as required pursuant to Section 19.28.070, except as provided below:
i. Windows or other openings in the wall with a side yard setback less than 10 feet shall
have a minimum windowsill height of five feet one inch or shall have obscure glass
and be inoperable uiith a fixed pane(s).
ii. Windows or other openings in the wall with a rear yard setback less thari 25 feet shall
have a minimum windowsill height of five feet one inch, or shall have obscure glass
and be inoperable with a fixed pane(s).
iii. Subsections (a) and (b) do not apply to skylights or windows which do not have views
into an adjacent side or rear yard or that face a street or a non-residential zoning
district.
iv. Mini_mum planter width required for privacy planting shall be three feet. Emergency
access paths shall not be concurrent with areas designated as privacy planting planters.
7. Private open
space :
Each unit must provide at least 15 % of the unit floor area as private open space on the first floor,
with no dimension less than 10 feet.
8. Permitted yard
encroaclunents
a. Front entry feaffires, but not porches, may encroach into a required front yard setback up to
three feet.
b. May extend into a required yard a distance not exceeding three feet.
c. No architectural feature, or combination Thereof, whether a portion of a principal or
accessory structure, may extend closer than th_ree feet to any property line.
d. Arcitecniral features may not exceed 50% of the wall they are on, as seen from the
interior.
9. Second story
decks,
balconies or
similar
features that
are not
Substantially
Enclosed
Not allowed.
2022 S-86
66C Single-Family Residential (R-1) Zones 19.28.150
10. Design
standards:
a. Entry features:
i. A maximum of orie entry feature per unit is allowed but no more than one entry
feature per structure shall be allowed.
ii. The entry feature shall be oriented to face the street and shall include a front entry
door also oriented to face the street.
iii. Maximum entry feature height is as 14 feet to the top of the plate.
iv. If a duplex with attached units is proposed, a proposed entry feature may incorporate
two entrance doors for the two units. One of the entrance doors or a common opening
into a shared entry po sliall be oriented to face the street.
v. If duplexes are proposed on corner lots, the entrances to the two units shall be on
different street frontages, except that if the corner lot fronts a major collector, both the
entrances may be located on the minor collector or neighborhood street.
b. If a front porch (not a front entry feature) is proposed, the porch shall be proportionately
greater in width tl'ian in lieiglit.
i. Porch elements shall have detailing that emphasizes the base and have caps for posts
and fence elements of tlie porch.
c. Exterior and/or uncovered stair access sl'iall not be allowed to the second floor.
d. New structures sl'iall be designed/located in a manner ffiat no more than 10 % of an existing
solar panel anay on an adjoining property is impacted by shade/shadow as demonstrated by
a shadow study performed by a licensed engineer qualified to prepare such studies.
'1
e. All new structures proposed m the Rl-e zoning district shall meet the building design
requirements in Section 19.28.080 and shall meet the Eichler design guidelines.
f. In ffie Rl-a zoning district, the second story shall not eantilever over a first story wall plane.
g. In addition to standards outlined in subsections (1) - (9) above, development on properties
with an average slope greater than 10% shall comply with Section 19.40.050(E), (F) and
(G) and Section 19.40.060(E), (H), (I) and (J).
h. Windows and doors sl'iall eitlier:
i. Have a minimum three-and-one half inch in width by three-qua_rter inch in deptb trim
when protruding from the wall or
ii. Be inset a minimum of three inches from the exterior finish of the stnieture. If
recessed, the priinary siding material shall cover the recessed edge faces and wrap
toward the interior face of the window glazing or door by not less than two-inch depth.
i. All garage doors shall be recessed a ininimum of six (6) inches from tlie surrounding
building wall and sl'iall include trim of at least one and a half (1.5) inches in depth.
j. Roof overhangs or building eaves shall be a minimun'i of 12 inches in width.
k. Detached structures on a lot must use tlie same architectural style and materials.
1. Where the garage faces the side yard, but is visible from the street, the garage shall
incorporate a window on the street front facade so that it appears to be a habitable portion of
the house. The window style must be the same as the windows on the habitable dwelling
unit(s).
2022 S-86
19.28.150 Cupertino - Zoning 66D
10. Design
standards:
(cont'd)
m. Enclosed living area shall be closer to the street than garage space. Garages shall be set
back as identified in subparagraph (3) above.
n. No more thari fifty percent of the front elevation of a house shall consist of garage space.
o. The maximum width of a garage on the front elevation sliall be 24 feet for a 'two-car garage.
p. Garage doors for no more than two car spaces shall be visible from the public right of way.
q. Outdoor lighting shall comply with the requirements of Chapter 19. 102.
r. The elevation facing a street shall incorporate at least_ four arcliitectural features, such as
bay windows or an entry feature, and/or elements of architecffiral interest, such as wall
insets or offsets, planters, railings, trellises, a combination of roofing elements (e. g. hip and
gable roofs), dormers, change in architectural materials, quoins, accent tiles, or an accent
window inset greater than six inches. Windowsills, door or window trim, and roofing
materials do not count as one of the features.
s. Gable ends and dutch gable ends taller than thirty inches shall include at least one element
of architectural interest such as:
ii a wall offset with corbels, brackets or change in materials;
ii louvered wood or metal vents;
s clay or terracotta tile vents;
s accent tile decoration;
ffi medallion decoration;
a metal grille;
ffl a change in architectural materials;
ii incorporation of corbels;
ii decorative gable pedimems;
ii eyebrow trellises or pergola structurally attaclied to the building or
g windows/glazing.
t. Stone veneer or accent materials used as a wainscot on a street facing fagade shall be
wrapped around to tl'ie side fagade and end at a logical terminus, such as a fence line or a
chimney.
u. Stone veneer or any other siding material wrapped on columns shall terminate at the floor.
11. Accessory
buildings/
structures:
a. Allowed pursuant to the requirements of Chapter 19.100, except that Accessory Dwelling
units or Junior Accessory Dwelling units shall not be permitted on any lot in the R-1 zoning
district if a lot split has been approved pursuant to Section 18. 12.70 and unit(s) have been
approved for constiuction pursuant to Section 19.28.150 on eacl'i lot.
b. Limited to one story (not to exceed 15 feet)
c. Accessory Dwelling Units shall meet subsections (1) and (2) above and shall additionally be
in compliance with the regulations of Cl'iapter 19. 112.
d. Air conditioning units and similar mechanical equipment such as generators, sump pumps,
heating, and ventilation equipment sliall be ground-mounted and screened from public view
or underground, and shall meet accessory structure setbacks and adhere to the requirements
of Chapter 10.48 of the Municipal Code
I
l
l
2.022 S-86
66E Single-Family Residential (R-I) Zones 19.28.150
12. Fences Sliall comply with the requirements of Chapter 19.48 of the Municipal Code.
13. Refuse,
recycling and
omer
containers
a. A minimum 8 foot by 3 foot space per unit, not visible from the street, shall be provided in
an interior yard behind a fence.
b. This area sliall not be concurrent with any emergency access pathway required by the Fire
Department.
14. Parking a. Units shall have at least one off-street parking space, except that parking r'bquirements shall
not be imposed in either of the following instances:
i. The parcel is located within one-half mile walking disianee of either a high-quality
transit corridor, as defined in Public Resources Code Section 21155(b) Code, or of a
major transit stop, as defined in Public Resources Code Section 21064.3.
ii. There is a car share vehicle located witl'iin one block of the parcel.
b. Parking space(s) shall be provided in an enclosed garage encompassing 10' by 20' space for
each space.
c. When additional enclosed parking space(s) is/are provided, the space(s) shall meet the
requirements of Chapter 19. 124.
15. Driveway and
curb cuts:
a. A oyie car driveway shall be a n'um of 10 feet in width and a maximum of 12 feet in
width.
b. A two ear driveway shall be a maxin'ium of 20 feet in width. Any third or more driveway
spaces shall be in tandem.
c. Subparagraplis a and b do not apply CO the flag lot access area.
d. A maximum 18' foot wide curb cut when a two car curb cut is permitted, shall be allowed.
e. A maximun'i 12' foot wide curb cut when a one car curb cut is permitted, shall be allowed.
16. ShortTerm
Rentals
Prohibited:
No residential unit created pursuant to this Section may be rented for a term of 30 days or less.
F. This Section shall remain in effect until sucli tiine
as Goyernment Code Section 65852.21 is repealed or
superseded or its requirements for ministerial approval of
housing development projects are materially amended,
wheiher by legislation or initiative, or are held to be
unenforceable by a court of competent jurisdiction, at whicl'i
tinie this Section shall become null and void.
G. Any dwelling unit approved pursuant to this
Section shall be ineligible for conversion to a condominium,
community apaent, or stock cooperative project. Any
application for a tentative subdivision map or tentative
parcel map for a residential condominium conversion of a
unit created pursuant to this Section shall be denied by the
Departinent of Community Development.
(Ord. 22-2238, (§ 3. 10, 2022; Ord. 21-2235, § 3. 10, 2021)
2022 S-86
Cupertino - Zoning 66F
L9.40.010
CHAPTER 19.40: RESIDENTIAL HILLSIDE (RHS) ZONES"
Section
19.40.Oi0
19.40.020
19.40.030
19.40.040
i9.40.050
19.40.060
19.40.070
19.40.080
19.40.090
Purpose.
Applicability of regulations.
Permitted, conditional and excluded
uSeS.
Application requirements.
Site development regulations.
Building development regulations.
Exception for development of certain
individual lffllside lots.
Hillside exception-Findings.
Ministerial approvaIl of up to two
units.
* Prior lffstory: Ord. 1601.
19.40.010 Purpose.
The purpose of the RHS zoning district is to regulate
development consistent with the General Plan, to preserve
the natural setting in the hillsides. T}iis chapter utilizes
performance standards and specific regulations to ensure that
the utiIlization of land for residential uses is balanced with
the need to conserve natural resources and protect life and
property from natural hazards. SpecificaIlly, this chapter is
intended to accomplish the following objectives:
A. Enhancetheidentityofresidentialneighborlioods;
B. Ensure the provision of light and air to individual
residential parcels;
C. Ensure a reasonable level of compatibility in scale
of stnictures within residential neighborhoods;
D. Maintain spatial relationship between structures
and within neighborhoods;
E. Reinforcethepredominantlylow-intensitysetting
of the community;
F. Maintain a balance between residential
development and preservation of the natural liillside setting;
G. Promote compatibility of colors and materials of
structures and the surrounding naffiral setting. (Ord. 2085,
8, 2 (part), 2011; Ord. 1634, (part), 1993)
19.40.020 Applicability of Regulations.
A. No building or strucffire or land shall be used
erected, structurally altered or enlarged in a residential
hillside (RHS) zone, otherwise than in conformance with the
provisions of this chapter and other applicable provisions of
this title.
B. Reasonable Accommodation: Notwithstanding
19.40.020(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.
(Ord. 2085, § 2 (part), 2011; Ord. 1725, (part), 1996; Ord.
1634, (part), 1993)
19.40.030 Permitted, Conditional and Excluded
Uses.
Permitted, ConditionalandExcludedUsesthatmaybe
conducted from property zoned residential hillside (RHS),
are identified in Section 19.20.020.
(Ord. 2085, § 2 (part), 2011)
19.40.040 Application Requirements.
An application for any development of property in the
RHS zoning district, m addition to the requirements of
Chapter 19.12, shall include:
A. Site Plans that show topographical information at
contour intervals not to exceed ten feet and a horizontal map
scale of one inch = tyo hundred feet or larger and identify
all areas with slopes > thirty percent.
B. Identify whether the property is on a prominent
ridgeline or the structure is in the fifteen percent site line
from a prominent ridge line.
(Ord. 2085, § 2 (part), 2011)
19.40.050 Site Development Regulations.
The following guidelines, shown in Table 19.40.050,
are a compilation of policies described in the General Plan
and are intended to govern the preparation of development
plans in RHS zones. All provisions of this section, except
subsections A, B and C, may be deviated from with a
Hillside Exception in accordance with Section 19.40.040 and
19.40.070.
[Table 19.40.050 begins on next page.]
2022 S-86 81
19.40.050 Cupertino - Zoning 82
Table 19.40.050: Site Development Regulations
A. Density
1. Dwelling Unit Density Determined by Appendix F of the General Plan based upon slope density
standards described therein.
2. Transfer of density
credits
Density credits derived from application of a slope density formula to a lot or
a group of lots may not be transferred to property outside any approved
subdivision or parcel map boundary.
B. Minimum Lot Area
1. By zoning district
symbol:
Lot area shall correspond to the number (multiplied by one thousand square
feet) following the RHS zoning symbol.
Examples:
RHS-20: Miriimum lot size of 20,000 square feet (20 * 1,000 s.f.)
RHS-120: Minimum lot size of 120,000 square [eet (120 * 1,000 s.f.)
RHS-218: Minimum 10L size of 218,000 square feet (218 * 1,000 s.f.)
2. For subdivision Minimum lot area shall be in accordance with Appendix F of the General
Plan, unless clustered in accordance with Section 18.52.030 (Hillside
Subdivisions). The minimum lot area shall be 10,000 square feet for each unit
in a clustered subdivision.
3. Subdividable lots Lot size zoning designation shall be assigned at time of subdivision for
properties not subdivided pursuant to Government Code Section 64411.7.
4. Non-subdividable
legally-created,
developed lots
Shall reflect the existing lot size
5. Lots created pursuant to
Governtnent Code
Section 64411.7
a. Each resulting lot shall be at least 40 % of the size of the original lot
being split.
b. Each resulting lot shall share one common driveway. If an existing
driveway or curb cut exists, a new driveway or curb cut location sliall
not be approved.
c. Up to two new property lines may be added to create a new lot and must
follow the contours of the properff.
d. If in an area where direct sanitary sewer connection is unavailable, a
percolation test completed within the last five years, or if the percolation
test has been recerCified, within the last 10 years, must be provided.
e. Building pads shall be identified on the flattest portion of tl'ie resulting
lots closest to an existing or proposed new driveway.
C. Minimum Lot Width a. 70 feet at front setback line.
b. No minimum lot width for lots served by private driveway and which do
not adjoin a public street.
D. Development on Substandard
Lots
A Hillside Exception shall be obtained to constmct structures or improvements
on existing vacant legal lots, except where prohibited by Goverent Code
Section 65852.21.
2022 S-86
83 Residential Hillside (RHS) Zones 19.40.050
Table 19.40.050: Site Development Regulations (Cont.)
E. Site Grading
1. Maximum Grading
Quantity
a. Cumulative total of 2,500 cubic yards, cut plus fill.
Includes: grading for building pad, yard areas, driveway and all other
areas requiring grading.
Excludes: basements
b. All cut and fill shall be rounded to contour with natural contours and
planted with landscaping which meets the requirements in Section
19.40.050G
c. For each of the lots developed or created pursuant to Government Code
Section 64411.7, a cumulative total of 1,250 cubic yards, cut plus fill
(including grading for building pad, yard areas, driveway, all other areas
requiring grading, and basements), except if the original lot that was
subdivided has already performed prior grading, then the aniount of
grading that has previously occurred shall be reduced from the maximum
grading quantity allowed cumulatively on the two resulting lots.
2. Graded Area a. Sliall be limited to the building pad area to the greatest extent possible.
b. For lots developed or created pursuant to Government Code Sections
64411.7 and 65852.21, graded areas are limited to within 50 feet of the
building pad area.
3. Common Drivewa)is Grading quantities sliall be divided equally ainong the participating lots.
E.g., two lots sharing a driveway sliall divide the driveway grading quantity
in half. The divided share will be cliarged against the grading quantity allowed
for that lot development.
4. Flat Yard Area a. Limited to a maximum of 2,500 square feet, excluding driveways
b. For lots developed or ereated pursuant to Government Code Section
64411.7, limited to a maximum of 1,250 square feet per lot, excluding
driveways, except as liniited by subsection (I).
5. Soil Erosion and
Screening of Cut and Fill
Slopes Plan
A licensed landscape architeet shall review grading plans and shall, in
consultation with the applicant and the City Engineer, submit a plan to prevent
soil erosion and to screen cut and fill slopes.
2022 S-86
i9.40.050 Cupertino - Zoning 84
Table 19.40.050: Site Development Regulations (Cont.)
F. Landscaping
1. Tree Planting Plan Shall be prepared by a licensed landscape architect to:
a. Screen the residential structures to the greatest possible extent from the
following prominent intersections. For projects pursuant to Government
Code Section 65852.21, no more than 10% of the structure shall be
visible from the following prominent intersections:
i. Foothill Boulevard and Cristo Rey Drive
ii. Foothill Boulevard and Alpine Way
iii. Bellevue and Caimen Road
iv. Linda Vista Drive and Hyannisport Ave
v. Hyaspon Ave and Bubb Road
vi. Rainbow Ave and Weymoth Drive.
A visual simulation from each of the intersections above shall be provided to
indicate compliance.
b. Reintroduce trees on barren slopes which were denuded by prior
agricultural activities.
Must comply with the Chapter 14. 15, Landscaping Ordinance and Wildland
Urban Interface Fire Area (WUIFA) requirements.
At least 50% of the front yard area shall be landscaped (i.e., not hardscaped)
2. Landscape Requirements
3. histallation of Landscape
Improvements
Must be installed prior to final occupancy unless it is not practicable. If not
installed, the applicant shall post a bond, cash or other security to cover the
cost of installation within an 18 month period from occupancy.
4. Landscape Maintenance All such landscape areas shall be properly maintained in conformance with the
requirements of Chapter 14. 15, Landscape Ordinance.
5. Native Trees Should be integrated into the site design to the greatest extent possible.
G, Watercourse Protection
1. Watercourse and
Existing Riparian
Vegetation
Any watercourse identified in Figure HS-6 in the City's General Plan and its
existing riparian vegetation must be sliown on all development plans.
2. Setback The setback shall be measured from the top of bank of the watercourses or
from existing riparian vegetation, wl'ffchever is greater. The setback from
riparian vegetation will be n'ieasured from the drip line perimeter.
All new development, including stnictures, grading and clearing, must be set
back as follows.
a. Lots < 1 acre 50 feet
b. Lots >_ I acre 100 feet
H. Development Near Prominent R'idgennes
1. New structures Shall not disnipt a 15 % site line from a prominent ridge as identified in
Appendix A. The fifteen percent site line shall be measured from the top of
ridge at the closest point from the structure.
2022 S-86
85 Residential Hillside (RHS) Zones 19.40.060
Table 19.40.050: Site Development Regulations (Cont.)
H. Development Near Prominent Ridgelines (Cont.)
2. Additions to existing
structures within the 15%
site line of prominent
ridgeline
Sliall not further encroach into the site line.
For example, the addition may not add height or bulk which may increase the
disruption to the fifteen percent ridgeline site line.
3. Impractible Clause If (1) and (2) above are not practicable, alternatives may be considered
through the exception process, provided that no discretionary exemption
process is allowed for projects seeking approval under Goveriunent Code
Section 65852.21.
I. Development on Slopes of >_
30%
a. Hillside Exception required for all grading, structures and other
development > 500 square feet, except that on lots developed or created
pursuant to Government Code Sections 64411.7 and 65852.21, grading,
building pads for structures and other development is limited to a
maximum of 500 square feet.
b. If the lots developed or created pursuant to Government Code Sections
64411.7 and 65852.21 have no areas with slopes less than 30% that can
accommodate up to two units 800 square foot each, grading and building
pads for structures is limited to 800 square feet. No other development
shall be permitted on such lots (e. g. development for flat yard area).
J. Trail Linkages and Lots
Adjoining Public Open Spaees
Site Plan
a. Site plan must identify trail linkages as shown in the General Plan Trail
Plan, on and adjacent to the site.
b. If a trail linkage is identified across a property being developed,
de'velopment shall not Cake place within that area unless approved
through the exception process, except that on lots developed or created
pursuant to Government Code Sections 64411.7 and 65852.21, no
development may occur in an area where a trail linkage is identified on
the property.
c. For lots adjoining Public Open Spaces, driveways and buildings shall be
located as far as feasible from the Public Open Space and designed in a
manner to minimize impacts on the Public Open Space.
K. Views and Privacy It is not tlie responsibility of City Government to ensure tlie privacy protection
of the building pei'mit applicant or owners of surrounding properties that may
be affeeted by the structure under construction. However, tl'ie Director of
Cominunity Development may confer with the building permit applicant to
discuss alternate n'ieans of preventing privacy intrusion and preserving views
except that for lots developed or created pursuant to Governnient Code
Sections 644:L1.7 and 65852.21, privacy protection planting, as required
pursuant to Section 19.28. 120, is required for views from the second story
into adjoining side or rear yards. Windows or other openings in the wall with
a side yard setback less than 15 feet or a rear yard setback less than 25 feet
shall have a minimum windowsill lieight of five feet one inch, or shall have
obscure glass and be inoperable with a fixed pane(s).
(Ord. 22-2238, 53 3.11, 2022; Ord. 21-2235, Fffi 3.11, 2021; Ord. 17-2165, S, 11 (part), 2017; Ord. 2085, § 2 (part), 2011)
2022 S-86
19.40.060 Cupertino - Zoning 86
19.40.060 Building Development Regulations.
All proyisions of this section may be deviated from upon obtaining a Hillside Exception in accordance with Section
19.40.070.
Table 19.40.060 sets forth the rules and regulations pertaining to ffie development of structures on property zoned
Residential Hillside (RHS).
Table 19.40.060: Building Development Regulations
A. Floor Area Ratio (FAR)
1. Maximutn
Allowable
Development
a. Except as otherwise provided herein, a ministerially approved housing development
project approved pursuant to this Section shall not exeeed 800 square feet per unit.
b. Notwithstanding Paragraph (a), a ministerially approved housing development approved
pursuant to this Section may have a floor area as calculated in subsection (c) below, if it
complies with the requirements of this Section; provided, however, that if me housing
development is on a parcel created by a ministerial lot split under Chapter 18.20.170, the
ma ximum allowable floor area for the original lot shall be allocated to each resulting lot
equal to the proportionate size of each resulting lot to the original lot. However, rinder no
circumstances shall the size of ministerially approved units exceed 2,000 square feet.
c. For projects not subject to ministerial approval under Paragraph (a) or (b), maximum
allowable development shall be the lesser of:
i. 6,500 square feet; or
ii. 4,500 square feet plus 59.59 square feet for esiery 1,000 square feet over 10,000
square of net lot area, times the slope adjustment factor pursuant to Section
19.40.060(A)(2)*
*Formula = (4,500 + ((Net Lot Area - 10000)/1000) (59.59)) x (Slope Adjustment Factor)
Average
Slope
Reduction (1.5 x
(Average Slope -
0.1))
a. Average Slope
<_ 10%
No reduction in allowable floor
area slope adjustment factor = 1
<_ 10 %0%
2022 S-86
86A Residential Htllside (RHS) Zones 19.40.060
2. Adjustment
Factor based
on Average
Slope of Net
Lot Area
(Cont.)
Average
Slope
Reduction (1.5 x
(Average Slope -
0.1))
b. Average slope
between 10%
and 30%
A reduction in allowable floor
area by one and one-half percent
(1.5 %) for each percent of slope
over 10%.
Slope adjristment factor =
(1-(1.5 x (average slope of net
lot area - 0. 1))
11%1.5%
12%3.0%
13%4.5 %
14 %6.0%
15 %7.5%
16 %9.0%
17%10.5%
18%12.0%
19 %13.5%
20%15.0%
21 %16.5%
22 %18.0%
23 %19.5%
24 %21.0%
25 %22.5 %
26 %24.0%
27 %25.5 %
28 %27.0%
29 %28.5%
e. Average slope
>_ 30%
Allowable floor area shall be
reduced by a constant 30%
Slope adjustment factor=(i-0.3)
>_ 30%30.0%
3. Additional Regulations for Lots Within Clustered Subdivisions where Land is Reserved for Common
Open Space
a. Lot Area for
calculating FAR
May coun a proportioriate share of the reserved private open space CO arrive at lot
area for purposes of caIlculating FAR.
b. Maximum FAR
prior to slope
corisideration
No developable lot in a cluster development can exceed forty-five-percent floor area
ratio, prior to applying the slope adjustment factor, when a portion of the private
open space is attributed to the lot area for calculating FAR.
c. Average slope of
lot
Calculated on the developable lot only.
2022 S-86
19.40.060 Cupertino - Zoning 86B
Table 19.40,060: Building Development Regulations (Cont.)
B. Height of Buildings
and Structures
Limited to 30 feet
C. Setbacks
First Floor Second
Floor
Habitable Third Floor (or
portions of structures taller than
20 feet)
1. Front-yard
a. Slope s 20 %20 feet Driveway and garage
must be designed to
enable vehicles to
park off-street
25 feet 25 feet
b. Slope > 20%10 feet 25 feet 25 feet
2. Side-yard
a. Interior Side 10 feet 15 feet 20 [eet
b. Street Side on
Corner Lot
15 fee'i 15 feet 20 feet
s. Lots developed
pursuant to
Government
Code Section
65852.21
4 feet 4 feet 4 feet
3. Rear-yard 20 feet 25 feet 25 feet
a. Lots developed
pursuant to
Government
Code Section
65852.21
4 feet 4 feet 4 feet
D. Second Story Decks ane Patios Miiutn Setbacks
1. Front Yard 17 feet 17 feet
2. Side Yard 15 feet 15 feet
3. Rear Yard 20 feet 20 feet
E. DownMl Facing Elevation
1. Second Story Downhill Facing Wall Plane Offset
a. Offset from
First Floor
Downhill Wall
Plane
i. Average of 7 feet 6 inches for 75 % of the second story downhill facing waLl plane
shall be setback and
ii. Not less than a five feet offset.
iii. The remaining 25 % may not extend past (cantilever over) the first story wall
plane.il
2022 S-86
87 Residential Hillside (RHS) Zones 19.40.060
Table 19.40.060: Building Development Regulations (Cont.)
E. Downhill Facing Elevation (Cont.)
1. Second Story Downhill Facing Wall Plane Offset (Cont.)
b. Multiple
Downhill
Facing Wall
Planes
Offset sliall apply only the primary setback affected.
c. Offset from
First Floor
Roofed Porches
i. Offset may be measured from the outside perimeter of first-story roofed porches.
ii. Roof of the porcli must match, in pitch and style, the roof of the main structure.
iii. Porch must be at least 5 feet in uiidth and extend the length of the wall on which it
is located to be a quaIlifying offset feanire.
2. Maximum
Exposed Wall
Height on
Doumhill Elevation
15 feet
F. Permitted Yard Encroa:ents
1. Extension of a
Legal
Non-conforming
Wall Plane for
structures not
located within a
prominent
ridgeline site line
a. Where a building legally constructed according to existing first floor yard and
setback regulations at the tiine of construction encroaches upon present required
first floor setbacks, one encroaching side of the existing stnucture may be extended
along existing building lines.
b. Only one such extension shall be permitted for the life of the building.
e. Encroachments into a required yard which are the result of the granting of a
variance may not be fi_irther extended.
d. Further encroachment into a required setback is not allowed. I.e., a
non-confog setback may not be further reduced.
e. In no case sl'iall any wall plane of a first-story addition be placed closer than three
feet to any property line.
f. Sl'iall not apply to properties developed or created pursuant to Government Code
Section 65852.21 and 6441 1.7.
2. A_rchitectural
Features
a. May extend into a required yard a distance not exceeding three feet.
b. No architectural feature, or combination thereof, whether a portion of a principal
or accessory structure, may extend closer tl'ian three [eet to any property line.
c. Second story decks or balconies may not further encroach into a required setback
Lhan allowed in Subsection D.
G. Accessory Structures
(including attached
patio covers)
a. As allouied by Chapter 19.100, Accessory Buildings/Stn'ictures
b. Lots created and developed with unit(s) pursuant to Government Code Sections
64411.7 and 65852.21 may not develop an Accessory Dwelling Unit or Junior
Accessory Dwelling Unit.
e. Air conditioning units and similar mechanical equipment such as generators, sump
pumps, heating, and ventilation equipment shall be ground-mounted and screened
from public view or underground, and shall meet accessory structure setbacks and
adhere to the requirements of Chapter 10.48 of the Municipal Code
2022 S-86
19.40.060 Cupertmo - Zoning 88
Table 19,40.060: Building Development Regulations (Cont.)
H, Design Standards
1. Building and Roof F'yrms
a. Natural
Contours
Building shall follow as closely as possible the primary natural contour of the Jot.
b. Building Mass
and Roof
Pitches
The main building mass shall be on the upslope side of the building and the roof pitches
shall trend downslope.
c. Second Story
Dormers
Permitted within the second story setbacks as long as they are minor in shape and size.
d. Downhill
Elevation of
main strucmre
Shall have a minimuin of four offset building and roof elements to provide varied
building forms to produce shadow patterns which reduce the impact of visual mass.
e. High Wall
Planes
Wall planes exceeding one story or 20 feet in height, whichever is more restrictive,
shall contain architectural elements in order to provide relief and to break up expansive
wall planes.
2. Colors
a. Natural Ea'Th
Tones
All structures on the lot sfiall use natural each tone and/or vegetation colors which
complement the natural surroundings. Natural earth-tone and vegetation colors include
natural hues of brown, green and shades of gray.
b. Reflectivity
Value
Shall not exceed 60 on a flat surface
3, Outdoor Lighting All outdoor ligl'iting shall meet the requirements in Chapter 19.102.
4. Garages All projects shall strive to attain, except that projects pursuant to Government Code
Section 65852.21 shall attain, tlie following standards:
a. No more than 50 % of the fagade visible from the right of way sl'iall comprise the
garage.
b. A two car garage face shall not exceed 24 feet and a one car garage face shall not
exceed 12 feet.
c. Garages visible from ffie right of way shall be setback a minimum of two feet from
the livable areas of the home except if only the garage and/or the entrance to the
home, and no other livable ponions of the home, are accessible from the street
level.
d. Third car spaces sl'iall be provided in tandem or shall be provided in a detached
accessory structure.
5. Entry Features All projects shall strive to attain, except that projects pursuant to Government Code
Section 65852.21 shall attain, the following standards:
a. Only one entry feature shall be permitted per structure and only one entry feature
shall be visible from the public street.
b. Duplexes shall have entrances to each unit on different frontages.
c. Entry features shall be limited to 14 feet in height from the natural grade to the top
of wall plate.
6. Uncovered/
exterior staircases
Not allouied.
(l
2022 S-86
89 Residential Hillside (RHS) Zones 19.40.060
t
Table 19.40.060: Building Development Regulations (Cont.)
I. GeoBogic and Soils Repcrts
1. Applicability A geological report prepared by a certified engineering geologist and a soils report
prepared by a registered civil engineer qualified in soils mechanics by the State shall be
submitted prior to issuance of permits for construction of any building or structure
which:
a. Is located on property in an RHS zoning district which has been designated by the
General Plan to be within a geological hazard area; and
b. Where an addition, alteration or repair of an existing building or structure include
at least one of the following:
i. The improvements include increasing the occupancy capacity of the dwelling
such as adding a bedroom or Accessory Dwelling unit, or
ii. The cost of the completed addition, alteration or repairs will, during any period
of twelve months, exceed twenty-five percent of the value of the existing
in'iprovements as determined by the Building Official based on current per foot
yalue of the proposed structure to the existing structure's value on a parcel of
property. For the purposes of this section, the value of existing improvements
shall be deemed to be the estimated cost to rebuild the improvements in kind,
which value sliall be determined by the Building Official.
2. Content of Reports These reports shall contain, in addition to the requirements of Ckiapter 16. 12 of this
code, ihe following:
a. All pertinem data, interpretations and evaluations, based upon the most current
professionally recogmed soils and geologic data;
b. The significance of the interpretations and evaluations with respect to the actual
development or implementation of the intended land use through identification of
any significant geologic problems, critically expansive soils or other unstable soil
conditions uihicli if not corrected may lead to structural daniage or aggravation of
tliese geologic problems both on-and off-site;
e. Recommendations for corrective measures deemed necessary to prevent or
significantly mitigate potential damages to the proposed projeet and adjacent
properties or to otlierwise insure safe development of the property;
d. Recommendations for additional investigations that should be made to insure safe
development of the property;
e. Any other information deemed appropriate by the City Engineer.
3. Incorporation of
Recommend-ations
All building and site plans sl'iall incorporate the above-described corrective measures
and must be approved by tl'ie City Engineer, upon a third-party peer review of the
reports provided, at the applicant's cost, prior Co building permit issuance.
J. Private Roads and Driv=ways
1. Pavement Width
and Design
The pavement width and design for a private road or common driveway serving two to
five lots and a single-lot driveway shall comply with development standards contained
in die Hillside Subdivision Ordinance, Chapter 18.52 of this code.
2. Reciprocal
Ingress/Egress
Easement and
Reciprocal
Maintenance
Agreement
The property owner for a lot served by a private road or common driveway shall, prior
to issuance of building permits, record an appropriate deed restriction guaranteeing the
following, to adjoining property owners who utilize the private road or common
driveway for tbe primary access to their lot(s) :
a. Reciprocal ingress/egress easement, and
b. Panicipation in a reciprocal maintenance agreement.
,i
2022 S-86
19,40.060 Cupertino - Zoning 90
Table 19.40.060: Building Development Regulations (Cont.)
K. Solar Design 7rhe setback and height restrictions provided in this chapter may be varied for a
strucmre utilized for passive or active solar purposes, provided tliat no such structure
shall infringe upon solar easements or adjoining property owners. Variation from the
setback or height restrictions of this chapter may be allowed only upon issuance of an
Administrative Conditional Use Permit subject to Chapter 19.12, except that lots
developed pursuant to Govermnent Code Section 65852.21 shall not be eligible for such
a discretionary permit.
L. Off-street
Improvements
For lots developed pursuant to Government Code Section 65852.21, upon development
of ffie lot, appropriate public right of way dedications shall be made to accommodate
the predominant width of the street and street improvements shall be installed to the
Public Works Departments standards.
M. Short Term Rentals
Prohibited.
No residential unit created pursuant to Government Code Section 65852.21 may be
rented for a term of 30 days or less.
',Ord. 22-2238, § 3. 12, 2022; Ord. 21-2235, 8, 3. 12, 2021 ; Ord. 21-2225, Att. A (0 3), 2021 ; Ord. 17-2165, § 9, 2017; Ord.
2085, E§ 2 (part), 2011)
19.40.070 Exception for Development of Certatn
Individual Hillside Lots.
A. With respect to a request for development of a
legally created individual hillside lot wicl'i does not meet
the development requirements contained in Section
19.40.050, the Approval Body may grant an exception to
allow development in accord with the requirements of
Cliapter 19. 12, if:
1. The subject property cannot be merged with
adjacent property pursuant to Government Code Sections
66451.10 - 66451.21; and
2. The Approval Body, based upon substantial
eviaence, makes all of the findings in Section 19.40.080.
(Ord. 2085, § 2 (part), 2011)
19.40.080 Htllside Exception-Findings.
The Approval Body may grant a request for a Hillside
Exception only if all of the following findings are made:
1. The proposed development will not be injurious
to property or improvements in the area nor be detrimental
to the public health and safety.
2. The proposed development will not ereate a
hazardous condition for pedestrian or vehicular traffic.
3. The proposed development has Iegal access to
public streets and public services are available to serve the
development.
4. The proposed development requires an exception
wl'iich involves the least modification of, or deviation from,
the development regulations prescribed in tt'ffs chapter
necessary to accomplish a reasonable use of the parcel.
5. All alternative locations for development on the
parcel have been considered and have been found to create
greater environmental impacts than the location of the
proposed development.
6. The proposed development does not consist of
strucmres on or near known geological or environmental
hazards which have been determined by expert testimony to
be unsafe or hazardous to structures or persons residing
therein. (See General Plan Policies 2-49.)
7. The proposed development includes grading and
drainage plans which will ensure that erosion and scarring
of the hillsides caused by necessary construction of roads,
housing sites, and improvements will be minimized. (See
General Plan Policies 2-53, 2-54 and 2-57.)
8. The proposed development does not consist of
sti'uctures which would disnipt the natural silhouette of
ridgelines as viewed from established vantage points on the
valley floor unless either:
a. The location of a structure on a ridgeline is
necessary to avoid greater negative environmental in'ipacts;
or
b. The structure could not otherwise be physically
located on the parcel and the size of a'ie structure is the
minimum wl'iich is necessary to allow for a reasonable use
of the parcel. (See General Plan Policies 2-46, 2-47 and
2-48.)
9. The proposed development consists of structures
incorporating designs, colors, materials, and outdoor
lighting which blend with the natural hillside environment
and which are designed in such a manner as to reduce the
effective visible mass, including building l'ieight, as much as
possible without creating other negative environmental
impacts. (See General Plan Policies 2-46, 2-50, 2-51 and
2-52.)l'
2022 S-86
90A Residential Hillside (RHS) Zones 19.40.080
10. The proposed development is located on the
parcel as far as possible from public open space presei'ves or
parks (if visible there from), riparian corridors, and wildlife
habitats unless such location will create other, more negative
environmental impacts. (See General Plan Policies 2-55,
5-14 and 528.)
11. The proposed development includes a landscape
plan which retains as many specimen trees as possible,
uihich utilizes drought-tolerant native 'plants and ground
covers consistent with nearby vegetation, and which
minimizes lawn areas. (See General Plari Policies 2-54, 5-15
and 5-16.)
12. The proposed development confines solid fencing
to the areas near a structure rather than around tl'ie entire
site. (See General Plan Policy 5-17.)
13. Theproposeddevelopmentisoffierwiseconsistent
with the City's General Plan and with the purposes of this
chapter as described in Section 19.40.010.
(Ord. 2085, 8, 2 (part), 2011)
19.40.090 Ministerial Approval of Up to Two
Units.
A. Miscellaneous Ministerial Pei'tnit Required. The
'Director of Community Development slxall ministerially
approve up to two residential units on a parcel in an RHS
residential hillside zoning district if the proposed housing
development meets the requirements of Government Code
Section 65852.21 and complies with all applicable objective
zoning standards, objective subdivision standards, and
objective design review standards.
B. The Director of Community Development sliall
impose all objective zoning standards, objective subdivision
standards, and objective design review standards in the
Municipal Code, General Plan, any applicable specific plan,
and other objective land use specifications that do not
conflict with the requirements of Government Code Section
65852.21, including but not limited to the standards for
ministerial development projects in Section 19.40.050 and
19.40.060.
C. Notwithstanding Paragraph A, the Director of
Community Development may deny a housing development
project proposed under this Section if the Building Official
makes a written finding, based upon a preponderance of the
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),
ppon public health and safety or ffie physical enviroiunent
and for which there is no feasible method to satisfactorily
mitigate or avoid the specific, adverse impact.
D. Application and Fees. An application on a form
made available by the City shall be completed by the
applicant. The foi'm shall be accompanied by a fee that the
City Council n'iay adopt by resolution to sufficiently recover
the cost of administering the requirements of this section.
The application sliall be accompanied by all technical
reports, plans and information required to make a
determination on the proposed project.
E. Objective Zoning and Design Standards for
Ministerially Approved Housing Development Projects. In
addition to any applicable objective zoning standards,
objective subdivision standards, and objective design review
standards in the Municipal Code, a housing development
project approved pursuant to tliis Section must comply with
all applicable objective zoning and design standards to the
maximum extent permissible under Government Code
Section 65852.21, including but not limited to the standards
for ministerial development projects in Section 19.40.050
and 19.40.060 and the following:
1. Basements Not allowed.
2. Balconies,
decks or other
similar
structures
Not allowed.
3. Desigri
Standards
a. Windows arid doors shall either:
i. Have a minimum three-and-one half inch in width by three-quarter inch in depth trim
when protruding from the wall or
ii. Be inset a minimum of three inches from the exterior finish of the structure. If
recessed, the primary siding material shall cover the recessed edge faces and wrap
toward the interior face of the uiindow glazing or door by not less than two-incli
depth.
2022 S-86
19.40.090 Cupertino - Zoning 90B
3. Design
Standards
(Cont.)
b. All garage doors shall be recessed a minimum of six (6) inches from the surrounding
building wall and shall include trim of at least one and a half (1.5) inches in depth.
c. Roof overhangs or building eaves shall be a n'iinimurn of 12 inches in width.
d. Detached structures on a lot must use the same architectural style and materials.
e. Where the garage faces the side yard, but is visible from the street, the garage shall
incorporate a window on the street front facade so that it appears to be a habitable portion
of the house. The window style must be the same as the windows on the habitable
dwelling unit(s).
f. Garage doors for no more than two car spaces shall be visible from the public right of
way.
g. The elevation facing a street shall incorporate at least four architectural features, such as
bay windows or an entry feature, and/or elements of architectural interest, such as waif
insets or offsets, planters, railings, trellises, a combination of roofing elements (e.g. hip
and gable roofs), dormers, change in architectural materials, quoins, accent tiles, or an
accent window inset greater than six inclies. Windowsills, door or window trim, and
roofing materials do not count as one of the features.
h. Gable ends and dutch gable ends taller than thirty inches shall include at least one element
of architectural interest such as:
s a wall offset with corbels, brackets or change in materials;
s louvered wood or metal vents;
s clay or terracotta tile yents;
a accent tile decoration;
s medallion decoration;
ii metal grille;
s a change in architectural materials;
a incorporation of corbels;
n decorative gable pediments;
a eyebrow trellises or pergola stnicturally attached to the building or
s windows/glazing.
i. Stone veneer or accent materials used as a wainscot on a street facing fagade shall be
wrapped around to the side fagade and end at a logical terminus, such as a fence line or a
chimney.
j. Stone veneer or any other siding material wrapped on coliunns shall terminate at the floor.
4. Private Open
Space
Each tuiit must provide at least 15 % of tlie unit floor area as private open space on the first
floor, with no dimension less than 10 feet.
5. Refuse,
recycling and
other
containers
a. A minimum 8 foot by 3 foot space per unit, not visible from the street, shall be provided
in an interior yard behind a fence.
b. This area shall not be concurrent with any emergency access pathway required by the Fire
Department.
6. Parking a. Units shall have at least one off-street parking space, except that parking requirements
shall not be imposed in either of the following instances:
i. The parcel is located within one-half mile walking distance of either a high-quality
transit corridor, as defined in Public Resources Code Section 21155(b) Code, or of a
major transit stop, as defined in Public Resources Code Section 21064.3.
ii. There is a car share vehicle Iocated within one block of the parcel.
b. Parking space(s) shall be provided in an enclosed garage encompassing 10' by 20' space
for each space.
c. When additional enclosed parking space(s) is/are provided, the space(s) shall meet the
requirements of Chapter 19.124.1'(
2022 S-86
90C Residential Hillside (RHS) Zones 19.40.090
F. This Section shall remain in effect until such time
as Government Code Section 65852.21 is repealed or
superseded or its requirements for ministerial approval of
housing development projects are materially amended,
whether by legislation or initiative, or are held to be
unenforceable by a court of competent jurisdiction, at which
time this Section shall become null and void.
G. Any dwelling unit approved pursuant to this
Section shall be ineligible for conversion to a condominium,
community apartment, or stock cooperative project. Any
application for a tentative subdivision map or tentative
parcel map for a residential condominium conversion of a
unit created pursuant to this Section shall be denied by the
Departtnent of Community Development.
(Ord. 22-2238, § 3.13, 2022; Ord. 21-2235, § 3.13, 2021)
2022 S-86
Cupertino - Zoning 90D
ii
19.112.010
CHAPTER 19.112: ACCESSORY DWELLING UNITS
Section
19.112.010
19.112.020
19.112.030
19.112.040
19.112.050
19.112.060
Purpose.
Accessory Dwelling Unit
Regulations.
Site development regulations for
Streamlined Accessory Dwelling
Units & Junior Accessory Dwelling
Units
Site Development Regulations for
Non-Streamlined Accessory
Dwelling Units.
Review process.
Accessory Dwelling Units Prohibited
on Certain Lots.
19.112.010 Purpose.
The purpose of this chapter is to promote the goal of
affordable housing within the City through provision of
additional housing in certain residential and mixed-use
zoning districts in a manner which minimizes adverse
impacts of accessory dwelling units on neighborhoods.
(Ord. 20-2199, § 5 (part), 2020; Ord. 16-2159, § 8 (part),
2016; Ord. 2085, e) 2 (part), 2011; Ord. 1601, Exh. A
(part), 1992)
19.112.020 Accessory Dwelling Unit Regulations.
Notwithstanding any provision of this title to the
contrary:
1. Accessory dwelling units are permitted on lots
within any residential or mixed-use residentiaIl zoning
dis!rict. Thelotmusthaveanexistingsinglefamilydwelling
unit or if zoned multi-family or mixed use residential, at
least one residential unit. If the lot is vacant, an accessory
dwelling unit may only be proposed in conjunction with ffie
developmentofatleastoneresidentialunit. Notwithstanding
the underlying zoning, an accessory dwelling unit developed
pvrsuant to this chapter does not cause the lot upon which it
is located to exceed its maximum the allowable density on
the lot.
2. Accessory dwelling units must comply with tl'ie
site developmentregulations and guideline specified in diose
zoning districts for dwelling units, including but not limited
to: lot coverage; floor area ratio; height; setbacks;
landscape; the regulations contained in this chapter; Chapter
19.100, Accessory Structures/Buildings; and Chapter
19. 124, Parking; except as those standards are n'iodified by
tl'iis cliapter.
3. No impact fees, as defined in Government Code
Section 65852.2(f), sliall be imposed on any accessory
dwelling unit or junior accessory dwelling unit with a gross
floor area of less tl'ian 750 square feet. Impact fees for all
other accessory dwelling units shall be charged in
eomplianee with State Law.
4. Accessory dwelling units may be rented
separately from the single-family dwelling or n'iulti-family
dwelling stnicffire but may not be sold or otherwise
conveyed separately from the otl'ier dwellings on the lot,
exceptpursuanttoGovernmentCodeSection65852.26. Any
accessory dwelling unit, including a Junior Accessory
Dwelling Unit (JADU), shall not be used as a short-term
rental.
5. For JADUs, either the single-fay residence or
JADU must be owner-occupied, unless the owner is a
governmental agency, land trust, or liousing organization.
Further, the owner shall record a deed restriction, expressly
enforceable against future purchasers, containing the
following: (a) a proliibition on the sale of the JADU separate
from the single-family residence, and (b) a restriction on the
size and attributes of the JADU to conform to this section.
(Ord. 20-2199, Fg 5 (pan), 2020; Ord. 17-2170, § 3, 2017;
Ord. 16-2159, § 8 (part), 2016; Ord. 2085, F3 2 (part), 2011;
Ord. 1901, (part), 2002; Ord. 1601, Exh. A (part), 1992)
19.112.030 Site Development Regulations for
Streamlined Accessory Dwelling Units
& Junior Accessory Dwelling Units.
Pursuant to California Government Code Section
65852.2(e), tl'ie City shall approve the following streamlined
accessory dwelling units if the specified development
standards and use restrictions are met, as identified in:
A. Table 19.112.030A for single-family
developments and
B. Table 19. 1 12.030B for multi-family
developments.
193
2022 S-86
19.112.030 Cupertino - Zoning 194
Table 19.112.030A: Site Development Regulations for Streamlined Accessory Dwelling Units
and Junior Accessory Dwelltng Units Associated with Single-Family Developments
Conversion of space within
principal dwelling unit or
accessor5i structures
New Construction Detached Accessory
Dwelling Unit <_ 800 s.f.
1.Size of living space, exclusive of decks
a. Minimum size 150 s.f.
b. Maximum size No size limitation as long as the
unit:
i. Is wliolly wit_hin the space of a
proposed or existing
single-family dwelling or the
existing space of an accessory
structure, and
ii. Does not require either:
* A.n addition of more than
I50 square feet to an
existing accessory
structure to accommodate
ingress and egress only,
or
* Any addition to an
existing single-family
dwelling unit.
800 s.f.
')Number of Units Two accessory dwelling units are allowed only if one of the accessory dwelling
iu'iits is a detached unit built pursuant to this Table 19. 1 12.030A and the other is a
junior accessory dwelling unit. Otherwise, only one accessory dwelling unit is
allowed per lot.
)
J.Setbacks Per the underlying zoning district
except that if the existing stiuctures
do not meet these staridards, the side
and rear setbacks shall be sufficient
for fire safety and life safety.
a. At least four feet from the rear and
side lot lines.
b. An applicant alternately may elect to
follow the setback and lieight
standards for accessory structures in
Chapter 19. 100.
4.Height The conversion shall not change the
height of the existing structure.
a. 16 feet
b. An applicant alternately may elect to
follow the setback and height
standards for accessory stnictures in
Chapter 19. 100.
5.Second-story accessory
dwelling unit
Allowed if the unit is a conversion
of existing second story portions of
the principal dwelling unit.
Not Allowed
6.Parking for accessory
dwelling unit
None None
l i'
2020 S-76
194C Accessory Dwelling Units 19.112.040
Table 19.112.040: Site Development Regulations for Non-Streamlined Accessory Dwelling Units
Created by New Construction and/or Additions to the Principal Dwelling Unit
Attached Detached > 800 s.f.
C.Setbacks'Per the underlying zoning district,
except the required side and rear
setbacks, are modified to forir feet.
The proposed sCnicture must comply with
the setback standards for accessory
stnictures in Cliapter 19. 100, except the
street side setbacks are modified to four
feet.
D.Height Per the underlying zoning district Tlie proposed structure must comply with
the lieight standards for accessory
structures in Chapter 19. 100, except that a
maximum height of 16 feet is allowed at
the farthest point of the proposed structure
from the rear and side property lines.
E.Second-story accessory
dwelling units
Not allowed Not allowed
F.Parking
1. Parking for accessory
dwelling unit
One additional off-streer parking space shall be provided, if the principal dwelling
unit has less than the minimiun off-street parking spaces for the applicable
residential zoning district in which it is located, as required in Chapter 19. 124
unless the accessory dwelling unit n'ieets one of the following requirements:
a. Located within one-half (1/2) mile of a public traiisit stop; or
b. Located in an architecturally and historically significant historic district; or
c. The occupant of the unit is not allowed/offered a required on-street parking
permit; or
d. Located within one block of a car sliare vehicle pick-up location; or
e. Is part of the proposed or existing primary residence or an accessory
structure.
2. Replacement parking
spaces for existing
covered, uncovered or
enclosed parking
spaces converted to an
accessory dwelling
unit
No replacement parking spaces are required.
G.Direct outside access Independent outdoor access must be provided without going througl'i the principal
dwelling unit.
H.Sceening from public
street
All access to accessory dwelling units sliall be on a different wall plane tlian the
access to the principal dwelling unit.
I.Structure Design Sliould be compatible with the architectural style and materials of the principal
structure.
r
t
2020 S-76
19.112.040 Cupertino - Zoning 194D
Table 19.112.040: Site Development Regulations for Non-Streamlined Accessory Dwelling Units
Created by New Construction and/or Additions to the Principal Dwelling Unit
Attached Detached > 800 s.f.
J.Separation from principal
dwelling unit
The ADU must be an independent
unit. No interior doors or other
connections between the ADU and
the principal dwelling i.init are
permitted.
Detaclied from principal dwelling unit.
' No setback is required for an accessory dwelling unit located within existing living area or an existing accessory structure, or an accessory
dwelling unit that repIaces an existing structure and is located in the same location and to the same dimensions as the stnicture being replaced.
(Ord. 20-2199, § 5 (part), 2020)
19.112.050 Review Process.
Applications for accessory dwelling units conforming
to the requirements of this chapter shall be reviewed
ministerial without discretionary review and must be
approved or denied within the time frame specified in
Goyernment Code Section 65852.2. (Ord. 20-2199, Ffi 5
(part), 2020; Ord. 16-2159, § 8 (part), 2016)
19.112.060 Accessory Dwelling Units Prohibited on
Certain Lots.
Notwithstanding Government Code Section 65852.2 or
65852.22 or any provision of this Chapter, no accessory
dwelling unit or a junior accessory dwelling unit shall be
permitted on any lot in single-family residence district (R-1
or RHS) if a lot split.has been approved pursuant to Section
18.12.70 and one or more residential units has been
approved for constniction pursuant to Section 19.28. 150 or
19.40.090 (Government Code Section 65852.21). (Ord.
22-2238, § 3.14, 2022; Ord. 21-2235, 8) 3.14, 2021)
2022 S-86
Comprehensive Ordinance List
Ord. No.
20-2200
20-2203
20-2204
20-2205
20-22.07
20-2208
20-2209
20-2210
20-2211
20-2213
Amends §§ 3.12.020, 3.12.050,
3. 12.070 (Transient Occupancy Tax),
§ 19.08.030 (definitions), §§ 19.12.090,
19.12.120, 19.12.150, i9.i2.080,
19.20.020 and 19.120.050, creaiing
Chapter 5.08 (Short-term Rental
Activity), regulating short-term rentaIl
uses in residential zoning districts (3. 12,
5.08, 19.08, 19.12, 19.20, i9.120)
Amends §§ 1.04.010 througli LO4.060
(adds new f§ 1.04.030) general
provisions; repeals and readopts Ch.
1.08 (1.08.010 and 1.08.020) right of
entry for inspection; repeals and
readopts Ch. 1.09 (§§ LO9.010 through
1.09.110) nuisance abatement; repeals
and readopts Ch. 1. 10 (§§ 1. 10.010
through 1. 10. 180) administrative
citations, fines, and penalties; amends
Ch. 1. 12 title (General Penalty and
Criminal Enforcement), amends
S, 1. 12.010 and F§ L. 12.020 and repeals
§ 1.12.030 (1.04, LO8, 1.09, LIO,
1.12)
An urgency ordinance autl'iorizing
outdoor dining operations pursuant to a
special temporary outdoor dining permit
(Not Codified)
Amends § 2.20.010, recordkeeping
duties-closed sessions (2.20)
An urgency ordinance authorizing
outdoor dining operations pursuant to a
special temporary outdoor dining permit
(Not Codified)
Amends €3 2.88. 100, duties-powers-
responsibilities (2.88)
Adopts S, 2.20.120, electronic filing of
campaign statements (2.20)
Amends § 11.24.150, parking
prohibited along certain streets (11.24)
Urgency ordinance temporarily waiving
permit fees for certain temporary
commercial signs and banners (Not
Codified)
Amends §§ 10.48.OiO, 10.48.051,
community noise control for leaf blower
regulations (10.48)
Ord. No.
20-2214
202215
20-2216
20-2218
21-2220
21-2222
21-2223
21-2225
21-2226
Amends §§ 2.04.010, 2.28.040,
8.01.090, 11.08.061 and 13.04.190,
repealing §§ 11.08.040, 11.08.050,
11.08.060, li.08.070, 1i.08.080,
1LO8.090, 11.08. 100, 11.08.110 and
11.08.120, concerning regular meetings
of the City Council, concerning powers
and duties of the City Manager,
concerning animals in city buildings,
concerning bicycle licensing and
registration, and concerning activities
prohibited in city parks (2.04, 2.28,
8.01, 11.08, i3.04)
Amends § 3.37.040, minimum wage
(3.37)
Amends Ch. 2.40 title and % 2.40.010,
2.40.025, 2.40.040, 2.40.050,
2.40.060, 2.40.080, and2.40.llO,
regarding emergency management
program and disaster council; adds
§ 2.40.030 (2.40)
Amends §§ 6.24.010, 6.24.020,
6.24.030, 6.24.035, 6.24.031
6.24.080, 6.24.i20, 6.24.150,
6.24.160, 6.24.170, and 6.24.180,
regarding solid waste collection (6.24)
Amends Ch. 5.48 in full (title and
§§ 5.48.010 througli 5.48.080),
sidewalk vendors; amends §§ 5.04.290,
5.04.400, 5.20.010, 5.20.Oi5, and
13.04. 180, regarding solicitors and
sidewalk vendors (5.04, 5.20, 5.48,
13.04)
Adds Cli. 2. 100, §§ 2. 100.010 through
2. 100. 180, regulation of Iobbying
activities (2. 100)
Adds Title 17, environmental
regulations, and Ch. 17.08,
§§ 17.08.010 through 17.08.040,
eyaluation of transportation impacts
under CEQA (17.08)
Adds Cli. 19.102, §tj 19.102.010
through 19. 102.040, glass and lighting
standards; amends §§ 19.08.030,
19.40.060, 10.60.060, 19.72.050, and
19. 124.040, to implement bird-safe and
dark sky policies (19.08, 19.40, 19.60,
19.72, 19.102, i9.124)
Amends § 19.56.030 regarding density
bonuses (19.56)
2021 S-82
Cupertino - Comprehensive Ordinance List 48
Ord. No.
21-2227
21-2228
21-2229
21-2230
21-2231
21-2232
21-2234
Amends Ch. 10.90, smoking
regulations; adds §§ 10.90.030 and
10.90.070; renumbers §§ 10.90.030
through 10.90.050 to be §§ 10.90.040
through 10.90.060 (10.90)
Amends 11.27.145 concerning
designation of preferential parking
zones (11.27)
An urgency ordinance authorizing
outdoor dining operations pursuant to a
special temporary outdoor dining permit
(Not Codified)
Amends 19.56.030, 19.56.040, adds
19.56.080 concerning density bonuses
(19.56)
Repeals 6.24.037, adopts new 6.24.037
and 6.24.038, amends 6.24.010,
6.24.020, 6.24.060, 9.16.030,
concerning organic waste disposal
reduction (6.24, 9. 16)
Adds Ch. 17.04, §§ i7.04.010 through
17.04.060, standard environmental
protection requirements (17.04)
Adds Ch. 2.110, § 2.110.010,
teleconference meetings; amends
§§ 1. 12.010, violation of code; adds
§§ 2.36.085, 2.74.075 and amends
§§ 2.60.050, 2.68.050, 2.80.090,
2.86.070, 2.92.090, regarding
commissioner expenses and
compensation; amends §§ 2.48.020,
departments and divisions, 2. 74.040,
technology, information, and
communications commission meetings,
3.23.060, opening bids, and 8.06.030,
permit period and fee for dangerous
animals; repeals § 11.08.020, regarding
bicycle registration; amends references
to department of community
development and planning division in
§§ 14.04.125, 14.18.090, 18.04.020,
19.102.030, 19.104.220, and Table
19.124.040; amends §§ 16.52.043,
16.52.053, regarding flood damage
prevention (1.12, 2.36, 2.48, 2.60,
2.68, 2.74, 2.80, 2.86, 2.92, 2.110,
3.23, 8.06, 11.08, 14.04, 14.18, 16.52,
18.04, 19.102, 19.104, 19.124)
Ord. No.
21-2235
22-2236
22-2237
22-2238
Amends §§ 19.08.030, 19.12.030,
19.12.110, 19.12.170, 19.28.040,
19.28.060, 19.40.050, and 19.40.060;
and adds §§ 18.20.170, 19.28.150,
19.40.090, and 19.112.060; to adopt
standards for ministerial approval of
duplexes and lot splits in single-family
residence districts (18.20, 19.08, 19. 12,
19.28, 19.40, 19.112)
Rezoning certain land (Not codified)
Rezoning certain land (Not codified)
Extending interim Ord. 21-2235, which
amends §§ 19.08.030, 19.12.030,
i9.l2.llO, 19.12.170, 19.28.040,
19.28.060, 19.40.050, and 19.40.060;
and adds §§ 18.20.170, 19.28.150,
19.40.090, and 19.112.060; to adopt
standards for ministerial approval of
duplexes and lot splits in single-family
residence districts (18.20, 19.08, 19. 12,
19.28, 19.40, 19.112)
f'
2022 S-86
29 Index
certificate of noncompliance issuance
t8.48.040
required 18.48.010
Construction
See Improvement
Council, city
See also COUNCIL, CITY
responsibilities 18.08.030
Dedication
See Park land dedication, fee payment
See Scliool
See Street
Definitions 18.08.010
Design
See also Specific Design Standard
generally 18.32.100
Energyconservation 18.32.110
Engineer, city
See also ENGINEER, CITY
responsibilities 18.08.040
Final map
See also Map
approval
council authority 18. 16. 190
engineer authority 18. 16. 180
contents 18.16.150
denial 18.16.200
fees
See Map
filing 18.16.210
form 18.16.140
generally 18.16.120
improvement agreement approval
See approval
multiple final maps submitta( 18. L6.220
preliminary submittal 18. 16. L60
requiredwhen 18.12.020
reviewbyengineer 18.16.170
soils report
See document requiren'iems
survey required 18.16.130
Fire station reservation
See Reservations
Five or more parcels
final map requirements
See Final map
improvements completion
See Improvement
parceI map requirements
See Parcel map
tentative map requuaements
See Tentative map
Four or fewer parcels
improvements completion
See Improvement
parcel map requirements
See Parcel map
Frontage
deferral agreement
See Improvement
requirements 18.32.030
General plan, conformance required 18.04.030
Hillside subdivision
applicability of provisions 18.52.080
common private driveway L8.52.070
lot design standards 18.52.030
purpose of provisions 18.52.020
requirements generally 18.52.010
street
design standards 18.52.040
improvements 18.52.060
utility improvements L8.52.060
Improvement
acceptance
consideration 18.32.390
partial acceptance 18.32.410
agreement approval
See Final map
agreement requirements L8.32.220
completion
five or more parcels 18.32.360
four or fewer parcels 18.32.370
notice 18.32.400
time extension 18.32.380
constructron
commencement, materials, methods
i8.32.320
preconstruction conference i8.32.340
deferral agreement 18.32.080
deficiency Iist 18.32.350
final inspection
See inspection
generally 18.32.020
inspection
final 18.32.350
generally 18.32.330
plans
See Improvement security
Improvement plans
approval 18.32.180
contents 18.32. 150
form i8.32.I40
preparation 18.32.130
review by engineer 18.32.170
revision
cost liability 18.32.210
engineer request 18.32.200
2012 S-31
Cupertino - Index 30
subdivider request 18.32. 190
supplementary plans i8.32. 160
Improvement security
amount 18.32.250
form 18.32.240
maintenance deposit 18.32.260
material, labor security release 18.32.300
performance security release 18.32.290
required 18.32.230
warrant security
release 18.32.310
requirements 18.32.270
Library reservation
See Reservations
Maintenance deposit
See Improvement security
Map
amendment
approval 18.44.030
fee 18.44.050
filing 18.44.040
permitted when 18.44.010
preparation 18.44.020
certificate of correction
See amendment
fees 18. 12.040
final map
See Final map
parcel map
See Parcel map
required when
See Specific Map
generally, exceptions 18.12.010
tentative map
See Tentative map
tentative parcel map
See Tentative parcel map
vesting tentative map
See Vesting tentative map
Merger
hearing
conduct generally 18.40.010
de novo, on determination 18.40.050
notice
filing, effective date 18.40.020
to property owner, contents
18.40.030
previously merged parcels unaffected
18.40.060
required when 18.40.010
Modification 18.04.050
Parcel map
See also Map
approval, engineer authority 18.20.140
checking 18.20.120
contents 18.20.I10
documents required 18.20.120
filing 18.20.150
form, contents 18.20.II0
generally 18.20.090
ministerial approval of urban lot splits
18.20. 170
requiredwhen 18.12.020, 18.12.030
review by engineer 18.20.130
survey required 18.20.100
waiver 18.20. 160
Park land dedication, fee payment
See also Reservations
both required when 18.24.070
credit
existingresidentialunits 18.24.110
generally 18.24.100
dedication of land 18.24.050
detennination 18.24.090
developmentcommencement 18.24.i30
fee payment
in lieu of park land dedication
18.24.060
land dedication
amount designated 18.24.040
privateopenspacecredit 18.24.110
procedure 18.24. 120
required 18.24.030
statutory authority 18.24.020
subdivision not within general plan
18.24.080
Peripheral street
See Street
Planning and development director
responsibilities 18.08.060
Planning commission responsibilities 18.08.060
Puipose of prosiisions 18.04.020
Remainder, omitted units
improvement agreement 18.32.080
Reservations
payment to subdivider 18.24.210
procedure 18.24.200
required 18.24.180
standards i8.24.190
termination when 18.24.220
Reversion to acreage
approval procedure 18.36.060
generally 18.32.010
initiation, council authority 18.36.030
petition of owners
contents 18.36.040
review, recommendation 18.36.050
2022 S-86
Index
-Z -
ZONmG
A-l zone
applicability of provisions 19.24.020
building development regulations 19.24.050
conditional uses 19.24.030
designated 19.16.010
excluded uses 19.24.030
permitted uses 19.24.030
purpose 19.24.010
site development regulations 19.24.040
A zone
applicability of provisions 19.24.020
building development regulations 19.24.050
conditional uses 19.24.030
designated 19. 16.010
excluded uses 19.24.030
permitted uses 19.24.030
purpose 19.24.010
site development regulations 19.24.040
Accessory building, structure
applicabilityofprovisions 19.100.010
Detached Accessory Buildings and Stnuetures
Example, Ch. 19. 100, Appendix A
generally 19. 100.020
site development regulations 19.100.030
Accessory dwelling unit
A-1 zone 19.20.020
A zone 19.20.020
prohibitedoncertainlots 19.il2.060
purpose 19.112.010
Rl zone 19.20.020
regulations 19.112.020
review process 19.112.050
RHS zone 19.20.020
site development regulations for
non-streamlined accessory dwelling units
19. 112.040
site development regulations for sireaniIlined
accessory dwelling units & junior accessory
dwellingunits 19.112.030
Accessory facilities
A-I zone 19.20.020
A zone 19.20.020
CG zone 19.60.030
OA zone 19.64.020
PR zone 19.84.020
R-1 zone 19.20.020
R-2 zone 19.20.020
R-3 zone 19.20.020
RHS zone 19.20.020
Administration
appeals 19.12.170
applicability of regulations 19. 12.020
applicationprocess 19.12.080
approval authority 19.12.030
city council, authority of 19.12.070
city council, action by 19. 12. 140
decision 19.i2.100
design review committee, authority of
19. 12.050
design review committee and planriing
commission, action by 19.12. 130
director, action by 19. 12.090
director of community development, action
by-Administrative 19.12.120
director of community development, authority
of 19.12.040
effective date 19. 12. 160
expiration, extension, violation and revocation
19. 12. 180
noticeofdecisionandreports 19.12.150
noticing 19.12.110
planning commission, authority of 19.12.060
purpose and intent 19. 12.010
Administrative and professional office zone
See OA zone
Adminisirative office
CG zone 19.60.030
ML-rc zone 19.64.020
MP zone 19.64.020
OA zone 19.64.020
OP zone 19.64.020
Adoption of provisions 19.04.010
Adult-oriented commercial activities
applicability of provisions 19. 128.020
purpose 19.128.010
regulations
concentration of activities 19. 128.030
proximity to residential, public, quasi-
public uses 19. 128.040
Agricultural-residential zone
See A-1 zone
Agricultural uses
PR zone 19.84.020
Agricultural zone
See A zone
Airfields
T zone 19.76.030
Airport
T zone 19.76.030
Air sports field
FP zone 19.84.020
Amendment
boundaries, changes in 19.152.020
generally 19. 152.010
prezoning 19.i52.040
regulations, changes in 19.152.030
2022 S-86
Cupertino - Index 38
Amusement park
FP zone 19.84.020
Animal
breeding
A-I zone 19.20.020
A zone 19.20.020
keeping
A-1 zone 19.20.020
A zone 19.20.020
RIC zone 19.20.020
R-I zone 19.20.020
R-2 zone 19.20.020
R-3 zone 19.20.020
RHS zone 19.20.020
Antenna
See Wireless communications facilities
Apiary
A-l zone 19.20.020
A zone 19.20.020
Appeal
action
city council 19.136.050
planning commission 19.136.040
filing procedures 19. 136.020
generally 19.136.010, 19.136.060
hearing, notification 19.136.030
Arboretum
A-1 zone 19.20.020
A zone 19.20.020
Archery practice range
FP zone 19.84.020
Architectural, site review
findings 19.168.030
limitations regmding decisions 19.168.020
purpose of regulations 19. 168.010
Artwork, requiredinpublic andprivate developments
See ARTWORK, REQUIRED IN
PUBLIC AND PRIV ATE DEVELOPMENTS
Assembly
ML zone 19.64.020
Athletic field
FP zone 19.84.020
Auction house
ML zone 19.64.020
Automobile rental
ML zone 19.64.020
Automobile repair shops
CG zone 19.60.030
Automobile sales
CG zone 19.60.030
ML, zone 19.64.020
Automobile service station
CG zone 19.60.030
ML zone 19.64.020
Automobile washing facility
CG zone 19.60.030
ML zone 19.64.020
BA zone
applicability of provisions 19.76.020
application requirements 19.76.050
conditional uses 19.76.030
designated 19.16.010
excludeduses 19.76.030
permits required for development 19.76.040
permitted uses 19.76.030
purpose 19.76.010
site development regulations 19.76.060
Bank
CG zone 19.60.030
Bann
A-1 zone 19.20.020
A zone 19.20.020
Beverage container redemption, recycling center
See Recycling center
Bicycle motocross
FP zone 19.84.020
Bffliards
FP zone 19.84.020
Boardinghouses
CG zone 19.60.030
Boat rental
ML zone 19.64.020
Boat sales
ML zone 19.64.020
Bowling
FP zone 19.84.020
BQ zone
applicability of provisions 19.76.020
application requirements 19.76.050
conditional uses 19.76.030
designated 19.16.010
excludeduses 19.76.030
permits required for development 19.76.040
permitted uses 19.76.030
purpose 19.76.010
site development regulations 19.76.060
Builg materials sales
ML zone 19.64.020
Buildings, public and quasi-public
A-I zone 19.20.020
A zone 19.20.020
2016 S-59
45 Tndex
Quarry
A-1 zone 19.20.020
A zone 19.20.020
Quasi-public building zone
See BQ zone
RIC zone
applicability of provisions 19.44.020
changes after granting 19.44.070
characteristics 19.44.030
conditional uses 19.44.040
designated 19. 16.010
exceptions-fu'idings 19.44.080
excluded uses 19.44.040
permitted uses 19.44.040
purpose 19.44.010
site development regulations 19.44.050
specific development standards L9.44.060
R-1 zone
applicability of regulations 19.28.020
building development regulations L9.28.070
conditional uses 19.28.030
designated 19.16.010
developmentregulations 19.28.080, 19.28.090
building 19.28.070
Rl-a 19.28.090
site 19.28.060
Eichler (Rl-e) building design requirements
19.28.080
exceptions 19.28. 130
excluded uses 19.28.030
findings 19.28. 140
landscape requirements 19.28.120
ministerial approval of up to two units
19.28. 150
permits required 19.28.040
permitted uses i9.28.030
permitted yard encroachments 19.28. 100
purpose 19.28.010
single-family residential design guidelines
andprinciples 19.28.110
site development regulations L9.28.060
yard 19.28.100
zoning districts establisl'ied 19.28.050
R-2 zone
applicability of provisions 19.32.020
building development regulations 19.32.060
conditional uses 19.32.030
designated 19.16.010
excluded uses 19.32.030
permits required for development 19.32.040
permitted uses 19.32.030
purpose 19.32.010
site development regulations 19.32.050
R-3 zone
applicability of provisions 19.36.020
building development regulations 19.36.070
conditional uses 19.36.030
designated 19.16.010
development plan required 19.36.040
excluded uses 19.36.030
permit required for development 19.36.050
permitted uses 19.36.030
purpose 19.36.010
site development regulations 19.36.060
Racquet club
FP zone 19.84.020
Radioactive material manufacture
ML zone 19.64.020
Radio aerial
See Wireless communications facilities
Radio station
ML zone L9.64.020
ML-rc zone 19.64.020
Radio tower
A-1 zone L9.20.020
A zone 19.20.020
Railroad
T zone 19.76.030
Real estate agency
CG zone 19.60.030
Reasonable accommodation
appeals 19.52.060
applicability 19.52.020
application requirements 19.52.030
approval authority, procedure and
decision 19.52.040
findings 19.52.050
purpose 19.52.010
Recreation
OS zone 19.84.020
PR zone 19.84.020
Recycling area
See RECYCLING AREAS
site development requirements 19.81.040
violation, penalty 19.81.060
Recycling center
applicability of regulations 19. 108.020
criteria and standards 19. 108.050
penalty 19. 108.020
permits for multiple sites 19. 108.040
permits required 19. 108.030
purpose 19. 108.010
Religious organization
BQ zone 19.76.030
Repair services
CG zone 19.60.030
FP zone 19.84.020
ML zone 19.64.020
2022 S-86
Cupettino - Index 46
Research and development
ML zone 19.64.020
Residential care facility
A-1 zone 19.20.020
A zone 19.20.020
BQ zone 19.76.030
RIC zone 19.20.020
R-1 zone 19.20.020
R-2 zone 19.20.020
R-3 zone 19.20.020
RHS zone 19.20.020
Residential dwelling for caretakers/watchmen
FP zone 19.84.020
ML zone 19.64.020
Residential duplex zone
See R-2 zone
Residential hillside zone
See RHS zone
Residential single-family cluster zone
See RIC zone
Restaurant
CG zone 19.60.030
FP zone 19.84.020
Retail store
CG zone 19.60.030
FP zone 19.84.020
RHS zone
applicability of provisions 19.40.020
application requirements 19.40.040
building development regulations 19.40.060
conditional uses 19.40.030
designated i9.16.010
excluded uses 19.40.030
hillside exception, findings 19.40.080
hillside lots, exeeption for development of
certain individual 19.40.070
ministeriaIl approval of up to two iu'iits
19.40.090
permitted uses 19.40.030
purpose 19.40.010
site development regulations
designated 19.40.050
Riding academies
A-1 zone 19.20.020
A zone 19.20.020
Riding clubs, related stables and trails
RHS zone 19.20.020
School
BQ zone 19.76.030
School, specialized
CG zone 19.60.030
Shed
Signs
See SIGNS
Single-family dwelling unit
A-I zone 19.20.020
A zone 19.20.020
PR zone 19.84.020
RIC zone 19.20.020
R-I zone 19.20.020
RHS zone 19.20.020
Single-family residential zone
See Rl zone
Site development regulations
accessory buildings, stiuctures 19.100.030
accessory dwelling units
non-streamlined 19.112.040
prohibited on ceffain lots 19.112.060
regulations 19.112.020
streamlined 19.112.030
streamlinedjunior accessory dwelling
units 19.112.030
A-1 zone 19.24.040
A zone 19.24.040
BA zone 19.76.060
BQ zone 19.76.060
ML zone 19.72.060
MP zone 19.72.060
OA zone 19.76.050
Rl zone 19.28.060
RIC zone 19.44.050
R-3 zone 19.36.060
radio aerial
See Wireless communications facilities
RHS zone 19.40.050
television aerial
See Wireless communications facilities
T zone 19.76.060
Skating rink
FP zone 19.84.020
Solar design
A-1 zone 19.20.020
A zone 19.20.020
RHS zone 19.20.020
Sports training center
FP zone 19.84.020
Stables
A-1 zone 19.20.020
A zone 19.20.020
OS zone 19.84.020
Stenographic service
ML zone 19.64.020
ML-rc zone 19.64.020
Stone cutting, monument manufacture
ML zone 19.64.020
Storage facility
ML zone 19.64.020
Stream
OS zone 19.84.020
f
( i
2022 S-86