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MCA-2017-05 PC res.doc CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6842 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE 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 The Planning Commission having heard this matter on November 14, 2017 during a regularly noticed public hearing, and after hearing from the public and considering staff’s recommendations; NOW, THEREFORE, the Planning Commission of the City of Cupertino hereby recommends approval of the proposed Ordinance in substantially the form as shown in Exhibit “A,” attached hereto with a recommendation to clarify language in Section 19.112.030 C.1.(c) related to parking requirements for accessory dwelling units when on- street parking permits are required. th PASSED AND ADOPTED this 14 day of November 2017, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Vice Chair Paulsen, Liu, Fung, Takahashi NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: Chair Sun ATTEST: APPROVED: /s/Benjamin Fu /s/Geoffrey Paulsen Benjamin Fu Geoffrey Paulsen, Chair Assistant Director of Community Development Planning Commission EXHIBIT “A” Draft Ordinance No. 17-XXXX 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. 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 Attached to Principal Dwelling Unit Detached Conversion of New Construction and/or Additions portions of space New addition to existing entirely within accessory dwelling unit and existing Detached from new accessory dwelling unit structures to an Principal Dwelling Unit Attached to Principal accessory Dwelling Unit dwelling unit Table 19.112.030: Site Development Regulations for Accessory Dwelling Units Attached to Principal Dwelling Unit Detached Conversion of New Construction and/or Additions portions of space New addition to existing entirely within accessory dwelling unit and existing Detached from new accessory dwelling unit structures to an Principal Dwelling Unit Attached to Principal accessory Dwelling Unit dwelling unit A. Size of living space, exclusive of decks 1. Minimum size 150 s.f. 10% of the net lot area, up to a maximum of 1,000 s.f., or 50 percent of the 2. Maximum existing living space of the principal dwelling unit, whichever is more size restrictive. Allowed if the unit: 1. Is a conversion of existing second story Second-story portions of the principal dwelling unit; and B. accessory Not allowed 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 accessory None 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. Table 19.112.030: Site Development Regulations for Accessory Dwelling Units Attached to Principal Dwelling Unit Detached Conversion of New Construction and/or Additions portions of space New addition to existing entirely within accessory dwelling unit and existing Detached from new accessory dwelling unit structures to an Principal Dwelling Unit Attached to Principal accessory Dwelling Unit dwelling unit 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 as dwelling unit 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. 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: AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino