17-2170 amending Chapter 19.08 and 9.112, Accessory Dwelling Units in R-1, RHS, A and A-1 Zones (Residential Zoning Districts) to conform to new state laws.docx
ORDINANCE NO. 17-2170
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 19.08, DEFINITIONS AND CHAPTER 19.112,
ACCESSORY DWELLING UNITS IN R-1, RHS, A AND A-1 ZONES
(RESIDENTIAL ZONING DISTRICTS) TO CONFORM TO NEW STATE LAWS
WHEREAS, recent changes in state law require that cities prioritize and allow ministerial
approval of Accessory Dwelling Units to help address the housing crisis, and the City
desires to update its Accessory Dwelling Unit ordinances to conform with Assembly Bill
494 and Senate Bill 229, which are codified in California Government Code section
65852.2;
WHEREAS, regulations regarding Accessory Dwelling Units are codified in Chapter
19.112 of the Cupertino Municipal Code, and with this proposed ordinance the city seeks
to make appropriate amendments to ensure conformity with the new state laws;
WHEREAS, this Ordinance is determined to be statutorily exempt from the requirements
of the California Quality Act of 1970, together with related State CEQA Guidelines
(collectively, “CEQA”) under Public Resources Code section 21080.17 (Application of
Division to Ordinances Implementing Law Relating to Construction of Dwelling Units
and Second Units) and CEQA Guidelines Section 15282(h) as the adoption of an
ordinance by a city to implement the provisions of Government Code Section 65852.2;
WHEREAS, the City Council is the decision-making body for this Ordinance, and based
on its independent judgment determines that the Ordinance is not a project as defined by
CEQA and is further statutorily exempt from CEQA as stated above.
NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO DOES
ORDAIN AS FOLLOWS:
SECTION 1. Chapter 19.08.030 of Title 19 of the Cupertino Municipal Code is hereby
amended to change the following definitions. All other provisions remain unchanged and
in full force and effect:
"Single-family use" means the use of a parcel for only one dwelling unit.
“Single family residence,” for purposes of Chapter 19.112, shall mean only detached
single family dwelling units that are not detached row-houses, duplexes, townhouses, or
condominiums or properties that have a shared ownership interest in common open
space or recreational areas.
Ordinance No. 17-2170
Page 2
SECTION 2. Chapter 19.112 of Title 19 of the Cupertino Municipal Code is hereby
amended as follows:
The Title is changed from “Accessory Dwelling Units in R-1, RHS, A and A-1 Zones” to,
“Accessory Dwelling Units.”
SECTION 3. Section 19.112.020 of Title 19 of the Cupertino Municipal Code is hereby
amended to be numbered, entitled, and to read as follows:
19.112.020 Applicability of Regulations.
Notwithstanding any provision of this title to the contrary, one accessory dwelling unit:
1. Is permitted on lots in R-1, RHS, A and A-1 zoning districts and, notwithstanding the
underlying zoning, an accessory dwelling unit developed pursuant to this chapter does
not cause the lot upon which it is located to exceed its maximum the allowable density
on the lot, and
2. Is permitted on a single-family lot within a zone for single family use if the accessory
dwelling unit is proposed to be contained entirely within the existing space of a single
family residence or an existing accessory structure, to create an accessory dwelling unit;
and
3. Must comply with the site development regulations and guidelines specified in those
zoning districts for dwelling units, including but not limited to, lot coverage, floor area
ratio, height, setbacks, landscape etc. the regulations contained in this chapter, Chapter
19.100, Accessory Structures/Buildings, Chapter 19.124, Parking, except as those
standards may be modified by this chapter.
SECTION 4. Table 19.112.030 of Section 19.112.030 of the Cupertino Municipal Code is
hereby amended to read as follows:
Table 19.112.030: Site Development Regulations for Accessory Dwelling Units
New Construction and/or Additions
Conversion of
space entirely
Detached from Principal
Attached to Principal
within existing
Dwelling Unit
Dwelling Unit
structures
A. Size of living space, exclusive of decks
1. Minimum
150 s.f.
size
10% of the net lot area, up to a maximum of 1,000 s.f., or 50 percent of the
2. Maximum size
existing living space of the principal dwelling unit, whichever is more
restrictive.
Ordinance No. 17-2170
Page 3
Table 19.112.030: Site Development Regulations for Accessory Dwelling Units
New Construction and/or Additions
Conversion of
space entirely
Detached from Principal
Attached to Principal
within existing
Dwelling Unit
Dwelling Unit
structures
Allowed if the unit:
1. Is a conversion of existing second story
Second-story
portions of the principal dwelling unit; and
B. Not allowed
accessory
2. Complies with applicable landscape
dwelling unit
requirements to adjoining dwellings consistent
with Section 19.28.120
C. Parking
One additional off-street parking space shall be provided,
if the principal dwelling unit has less than the minimum
off-street parking spaces for the applicable residential
zoning district in which it is located, as required in
Chapter 19.124 unless the unit meets the following
requirements:
1. Parking for
a. Is within one-half (1/2) mile of a public transit stop; or
None
accessory
b. Located in an architecturally and historically
dwelling unit
significant historic district; or
c. Occupant of the ADU is not allowed/
offered a required on-street parking permit; or
d. Located within one block of a car share vehicle pick-
up location.
Ordinance No. 17-2170
Page 4
Table 19.112.030: Site Development Regulations for Accessory Dwelling Units
New Construction and/or Additions
Conversion of
space entirely
Detached from Principal
Attached to Principal
within existing
Dwelling Unit
Dwelling Unit
structures
2. Replacement
a. Replacement spaces must be provided for the principal dwelling unit to
parking spaces
meet the minimum off-street parking spaces for the applicable residential
when new
zoning district in which it is located, as required in Chapter 19.124.
accessory
b. Replacement spaces may be located in any configuration on the same lot
dwelling unit
as the accessory dwelling unit, including but not limited to covered spaces,
converts existing
uncovered spaces, tandem spaces or by use of mechanical automobile parking
covered,
lifts.
uncovered or
c. Any replacement parking spaces provided must comply with the
enclosed parking
development regulations for the applicable zoning district in which it is
spaces required
located, Chapter 19.124, Parking and Chapter 19.100, Accessory
for the principal
Buildings/Structures.
dwelling unit
1. Independent outdoor access must be provided without going through the
principal dwelling unit.
Direct outside
D.
access
2. Where second-story accessory dwelling units are allowed, entry shall not
be provided by an exterior staircase.
Screening from
E. All access to accessory dwelling units shall be screened from a public street.
public street
SECTION 5: Severability. Should any provision of this Ordinance, or its application to any
person or circumstance, be determined by a court of competent jurisdiction to be
unlawful, unenforceable or otherwise void, that determination shall have no effect on any
other provision of this Ordinance or the application of this Ordinance to any other person
or circumstance and, to that end, the provisions hereof are severable.
SECTION 6: Effective Date. This Ordinance shall take effect thirty days after adoption as
provided by Government Code Section 36937.
SECTION 7: Certification. The City Clerk shall certify to the passage and adoption of this
Ordinance and shall give notice of its adoption as required by law. Pursuant to
Government Code Section 36933, a summary of this Ordinance may be published and
posted in lieu of publication and posting of the entire text.
Ordinance No. 17-2170
Page 5
SECTION 8: Continuity. To the extent the provisions of this Ordinance are substantially
the same as previous provisions of the Cupertino Municipal Code, these provisions shall
be construed as continuations of those provisions and not as amendments of the earlier
provisions.
th
INTRODUCED at a regular meeting of the Cupertino City Council the 19 day
of December 2017 and ENACTED at a regular meeting of the Cupertino City Council on
th
this 16 day of January 2018 by the following vote:
Vote Members of the City Council
AYES: Paul, Sinks, Chang, Scharf, Vaidhyanathan
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/Grace Schmidt /s/Darcy Paul
_________________________ ___________________________________
Grace Schmidt, City Clerk Darcy Paul, Mayor,
City of Cupertino