PC Packet 06-23-2020CITY OF CUPERTINO
PLANNING COMMISSION
AGENDA
This will be a teleconference meeting with no physical location .
Tuesday, June 23, 2020
6:45 PM
Teleconference Meeting
TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION TO HELP STOP THE
SPREAD OF COVID-19
In accordance with Governor Newsom’s Executive Order No-29-20, this will be a
teleconference meeting without a physical location to help stop the spread of COVID-19.
Members of the public wishing to observe the meeting may do so in one of the following
ways:
1) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV.
2) The meeting will also be streamed live on and online at www.Cupertino.org/youtube
and www.Cupertino.org/webcast
Members of the public wishing comment on an item on the agenda may do so in the
following ways:
1) E-mail comments by 5:00 p.m. on Tuesday, June 23 to the Commission at
planning@cupertino.org. These e-mail comments will be received by the Commission
members before the meeting and posted to the City’s website after the meeting.
2) E-mail comments during the times for public comment during the meeting to the
Commission at planning@cupertino.org. The staff liaison will read the emails into the
record, and display any attachments on the screen, for up to 3 minutes (subject to the
Chair’s discretion to shorten time for public comments). Members of the public that wish to
share a document must email planning@cupertino.org prior to speaking.
3) Teleconferencing Instructions
Members of the public may observe the teleconference meeting or provide oral public
comments as follows:
Oral public comments will be accepted during the teleconference meeting. Comments may
be made during “oral communications” for matters not on the agenda, and during the
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Planning Commission Agenda June 23, 2020
public comment period for each agenda item .
To address the Commission, click on the link below to register in advance and access the
meeting:
Online
Please click the link below to join the webinar :
https://cityofcupertino.zoom.us/webinar/register/WN_GEfET4K6Q0CsQRIlxrZbzA
Phone
Dial 888 788 0099 and enter Webinar ID: 921 4475 5849 (Type *9 to raise hand to speak)
Unregistered participants will be called on by the last four digits of their phone number .
Or an H.323/SIP room system:
H.323:
162.255.37.11 (US West)
162.255.36.11 (US East)
Meeting ID: 921 4475 5849
SIP: 92144755849@zoomcrc.com
After registering, you will receive a confirmation email containing information about
joining the webinar.
Please read the following instructions carefully:
1. You can directly download the teleconference software or connect to the meeting in your
internet browser. If you are using your browser, make sure you are using a current and
up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain
functionality may be disabled in older browsers, including Internet Explorer .
2. You will be asked to enter an email address and a name, followed by an email with
instructions on how to connect to the meeting. Your email address will not be disclosed to
the public. If you wish to make an oral public comment but do not wish to provide your
name, you may enter “Cupertino Resident” or similar designation.
3. When the Chair calls for the item on which you wish to speak, click on “raise hand.”
Speakers will be notified shortly before they are called to speak.
4. When called, please limit your remarks to the time allotted and the specific agenda topic .
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to
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Planning Commission Agenda June 23, 2020
attend this teleconference meeting who is visually or hearing impaired or has any disability
that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48
hours in advance of the meeting to arrange for assistance. In addition, upon request, in
advance, by a person with a disability, meeting agendas and writings distributed for the
meeting that are public records will be made available in the appropriate alternative
format.
ROLL CALL
APPROVAL OF MINUTES
1.Subject: Draft Minutes of June 15, 2020
Recommended Action: Approve or modify the Draft Minutes of June 15, 2020
Draft Minutes of June 15, 2020
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the Commission on any matter
within the jurisdiction of the Commission and not on the agenda. Speakers are limited to three (3)
minutes. In most cases, State law will prohibit the Commission from making any decisions with respect
to a matter not on the agenda.
WRITTEN COMMUNICATIONS
STUDY SESSION
2.Subject: Study Session to provide an update on the Accessory Dwelling Unit
implementation
Recommended Action: Receive report and provide any input or direction to Staff
Staff Report
1 - Ordinance 20-2199 - Accessory Dwelling Units
2 - ADU FAQs handout
CONSENT CALENDAR
Unless there are separate discussions and/or actions requested by council, staff or a member of the
public, it is requested that items under the Consent Calendar be acted on simultaneously.
PUBLIC HEARINGS
OLD BUSINESS
NEW BUSINESS
STAFF AND COMMISSION REPORTS
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Planning Commission Agenda June 23, 2020
ADJOURNMENT
If you challenge the action of the Planning Commission in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this agenda, or in written
correspondence delivered to the City of Cupertino at, or prior to, the public hearing. In the event an
action taken by the Planning Commission is deemed objectionable, the matter may be officially appealed
to the City Council in writing within fourteen (14) days of the date of the Commission’s decision. Said
appeal is filed with the City Clerk (Ordinance 632).
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this
teleconference meeting who is visually or hearing impaired or has any disability that needs special
assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the
meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability,
meeting agendas and writings distributed for the meeting that are public records will be made available
in the appropriate alternative format.
Any writings or documents provided to a majority of the Planning Commission after publication of the
packet will be made available for public inspection in the Community Development Department located
at City Hall, 10300 Torre Avenue, during normal business hours and in Planning packet archives
linked from the agenda/minutes page on the Cupertino web site.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100
written communications sent to the Cupertino City Council, Commissioners or City staff concerning a
matter on the agenda are included as supplemental material to the agendized item. These written
communications are accessible to the public through the City’s website and kept in packet archives. You
are hereby admonished not to include any personal or private information in written communications to
the City that you do not wish to make public; doing so shall constitute a waiver of any privacy rights
you may have on the information provided to the City .
Members of the public are entitled to address the Planning Commission concerning any item that is
described in the notice or agenda for this meeting, before or during consideration of that item. If you
wish to address the Planning Commission on any issue that is on this agenda, please complete a speaker
request card located in front of the Commission, and deliver it to the City Staff prior to discussion of the
item. When you are called, proceed to the podium and the Chair will recognize you. If you wish to
address the Planning Commission on any other item not on the agenda, you may do so by during the
public comment portion of the meeting following the same procedure described above. Please limit your
comments to three (3) minutes or less.
For questions on any items in the agenda, or for documents related to any of the items on the agenda,
contact the Planning Department at (408) 777 3308 or planning@cupertino.org.
Page 4
Planning Commission Agenda June 23, 2020
Page 5
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
CITY OF CUPERTINO
PLANNING COMMISSION MEETING
ACTION MINUTES, June 15, 2020
PLEDGE OF ALLEGIANCE
At 6:45pm Chair Moore called to order the special Planning Commission meeting. This was a
teleconference meeting with no physical location.
ROLL CALL
Present: Chairperson Moore, Vice Chair R Wang, Commissioners, David Fung, Alan Takahashi,
Vikram Saxena
Absent: None
APPROVAL OF MINUTES:
1. Subject: Draft Minutes of May 12, 2020.
Recommended Action: Approve or modify the Draft Minutes of May 12, 2020
Moved by Vice Chair Wang and seconded by Moore to: “Approve the minutes”. The motion
carried 5-0-0
POSTPONEMENTS/REMOVAL FROM CALENDAR: None
ORAL COMMUNICATIONS:
Lisa Warren spoke about adding a discussion regarding updating the City’s Municipal Code
regarding second story balconies and privacy trees to the Planning Commission agenda. She
also mentioned a postcard she received from the KT Urban Company and the noticing of future
meetings for the proposed Westport project
Jennifer Griffin spoke voiced her concerns about the new housing bills being circulated by the
State Legislature
C
WRITTEN COMMUNICATIONS:
None
PUBLIC HEARINGS:
Subject: Review of the Five-Year Capital Improvements Program FY 2021-2025 (2020/2021 to
2024/2025) for consistency with the City’s General Plan. (Project Name: Capital Improvement
Program; Applicant(s): City of Cupertino; Location: citywide)
Recommended Action: Find the Proposed Capital Improvement Program consistent with
the General Plan per the Draft Resolution
Capital Improvement Program Manager, Michael Zimmermann, and the Director of Public
Works, Roger Lee, reviewed the Capital Improvement Projects’ descriptions and scope. They
were asked questions by the Commissioners, which they answered.
Chair Moore opened the public comment period and the following individual(s) spoke:
Peggy Griffin
Lisa Warren
Jennifer Griffin
Chair Moore closed the public comment period.
The Commissioners discussed the merits, costs and planning/implementation process of the
nine (9) new projects proposed to be funded this year including: annual playground
replacement; Black Berry Farm Golf Course alternative analysis; citywide park amenity
improvements; Stevens Creek Boulevard CI IV Phase 2 (Design); traffic calming measures;
Cordova Road retaining wall repair; Quinlan Community Center emergency g enerator;
Quinlan Community Center HVAC equipment evaluation; and the Sports Center facility needs
analysis. They suggested to Staff that providing some additional information or project history
would be helpful to the City Council during the approval process.
Moved by Moore and seconded by Wang to: “Find the Capital Improvements Program is
exempt from CEQA pursuant to CEQA guideline 15061(b)(3). The action is a determination of
consistency with the General Plan and therefore, it can be seen with certaint y that there is no
possibility that the action may have a significant impact on the environment. The finding of
consistency with the General Plan is not a project pursuant to CEQA guideline 15378(a) and we
find that in accordance with the Cupertino Municipal Code Section 2.32.070 C, State law based
on the evidence in the public record that the City’/s CIP (FY 2020-2021 to 2024-2025) conforms
to the City’s General Plan (Community Vision 2015-2040)
Moved by Moore and seconded by Saxena to amend the motion t o incorporate: “Our annual
review of the Capital Improvement Program was the new projects and not an on-going review
of the Capital Improvements Program”. The motions carried 5-0-0.
NEW BUSINESS: None
OLD BUSINESS: None
REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: None
REPORT OF THE PLANNING COMMISSION:
Commissioner Fung suggested that in the interest of budget savings, the Commission consider
not holding a meeting unless there was an item to vote on other than the meeting minutes.
Commissioner Saxena suggested that the start time of the Commission meetings be 5:30pm
rather than 6:45pm since currently so many people are working at home. Chair Moore asked
the other Commissioners to review and perhaps make a comment on item #24 on the City
Council agenda for their 6/16 meeting.
ADJOURNMENT:
The meeting was adjourned at 8:35 p.m. to the next regular Planning Commission meeting on
June 23, 2020 at 6:45 p.m.
Respectfully Submitted:
______/s/Beth Ebben_______________
Beth Ebben, Deputy Board Clerk
PLANNING COMMISSION STAFF REPORT
Meeting: June 23, 2020
SUBJECT
Study Session to provide an update on the Accessory Dwelling Unit implementation.
RECOMMENDED ACTION
That the Planning Commission receive the report and provide any input or direction to
Staff.
DISCUSSION
Background
The City has worked to incentivize the production of Accessory Dwelling Units (ADUs)
under the Community Livability and Sustainable Infrastructure sections of the FY18/19
and FY19/20 City Work Programs. This included fee reductions and modifications to
development standards. Further, the City’s Housing Element encourages the increased
supply of ADUs to provide affordable housing opportunities that meet the City’s
Regional Housing Needs Allocation (RHNA) for moderate level housing.
In October 2019, several state bills were signed into law to encourage the development of
the ADUs and JADUs to help alleviate the housing crisis in California, the provisions of
which went into effect on January 1, 2020. The City Council subsequently adopted a local
“compliant” ordinance (see Attachment 1) on March 3, 2020. The following is a brief
summary of the changes:
Allows for Junior Accessory Dwelling Units (JADUs), limited to no more than
500 square feet and contained entirely within the existing single-family structure.
A property may have a JADU and a detached ADU that is less than 800 square
feet.
The City cannot impose building envelope requirements, floor area ratios, or site
coverage requirements that would reduce the size of the ADU below 16 feet in
height or 800 square feet in gross floor area.
The City is not permitted to impose a side or rear yard setback greater than 4 feet
for new ADU construction.
Allows unpermitted non-conforming structures to be rebuilt as an ADU, if there
are no changes to the setbacks, size and height of the structure.
The City cannot set a maximum size of less than 850 square feet for studio or
one- bedroom units or 1,000 square feet for two or more-bedroom units.
The City cannot impose impact fees on ADUs that are smaller than 750 square
feet.
Allows for ADUs in multi-family developments if they are either internal
conversions of non-habitable space (limited to 25% of the base unit count or one,
whichever is greater) and/or detached (limited to two).
Analysis
Accessory Dwelling Unit Production
Prior to 2014, the City approved an average of four ADUs per year. The current Housing
Element anticipated that the same number of ADUs as that produced during the 2007-
2014 cycle (32 ADUs) would be permitted in the 2014 – 2022 cycle. However, between
2014 and June 16, 2020, there have been 88 ADUs permitted. Please refer to Table 1 to see
a year by year breakdown of the units permitted thus far.
Table 1 Accessory Dwelling Units Permitted by Year and Type
2014 2015 2016 2017 2018 2019 20201
Attached/Internal Conversion 0 1 11 9 10 8 7
Detached 8 4 7 3 5 7 8
Total 8 5 18 12 15 15 15
Although only midway through the 2020 calendar year, based on the data, it appears that
the City is on pace to surpass its most prolific year (18 ADUs in 2016) for ADU
development.
Table 2 has a breakdown the types of ADUs and sizes of units that residents have been
permitted to build. Conversions of garages/enclosed parking spaces into ADUs do not
require replacement enclosed parking. There have been four instances of garage
conversions so far – two detached garages and two attached garages. As of June 17, 2020,
no applications for ADUs within existing multi-family developments have been received
in the City.
Table 2 Types and Size of ADUs and JADUs in the City
JADU Detached ADU Attached ADU Internal Conversion
Average Size 249 s.f. 478 s.f. 536 s.f. 459 s.f.
1 Data through June 17, 2020. Includes both issued and applications.
(Size Range) (280-795 s.f.) (451-648 s.f.) (419-532 s.f.)
Number 1 8 2 3 3 3
Establish Pre-approved ADU plans (FY20/21 City Work Program Item)
The FY20/21 City Work Program includes an item to Establish Preapproved ADU plans
to help property owners by reducing/eliminating design costs. Staff had preliminarily
started exploring similar programs other cities had to design and establish such a
program. In doing so, the City of San Jose’s ADU Ally Program was explored. City of
Cupertino Planning Staff visited with City of San Jose Building Staff earlier this year to
discuss the program and its implementation.
The very successful ADU Ally program, which has been implemented for about a year,
facilitates ADU education and development. The program offers the following for those
who want to build ADUs and/or JADUs in the City:
ADU Amnesty Program to help legalize an unpermitted unit.
Step-by-step pathway to applying for an ADU, including checklists, expedited
plan review on certain days of the week, and handouts.
Pre-approved construction plans from selected vendors that help streamline the
review process while saving the applicant money. The only information needed
from an applicant when using this process is a site plan.
More information about San Jose’s ADU Ally Program is located online at:
https://www.sanjoseca.gov/business/development-services-permit-center/accessory-
dwelling-units-adus.
Planning staff has been developing a handout with FAQs and basic development
standards for the public. This has been attached as Attachment 2. Additionally,
development of a handout for the pathway to applying for a permit and obtaining a
building permit is currently under development.
Lastly, staff will commence work on the “pre-approved ADU plans” and program later
this year.
Prepared by: Gian Paolo Martire, Senior Planner
Reviewed by: Piu Ghosh, Planning Manager
Approved by: Benjamin Fu, Director of Community Development
2 Four detached ADUs are conversions of existing structures, including two detached garages.
3 Two of these are garage conversions.
ATTACHMENTS
1. Ordinance 20-2199 – Accessory Dwelling Units
2. ADU FAQs handout
ORDINANCE NO. 20-2199
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 19.112, ACCESSORY DWELLING UNITS, CHAPTER
19.20 – PERMITTED, CONDITIONAL AND EXCLUDED USES IN
AGRICULTURAL AND RESIDENTIAL ZONES AND CHAPTER 19.08
DEFINITIONS
WHEREAS, this Ordinance is determined to be exempt from environmental review
under the California Environmental Quality Act of 1970 (Public Resources Code section
21000 et seq.) (“CEQA”), together with the State CEQA Guidelines (California Code of
Regulations, Title 14, Section 15000 et seq.) (hereinafter, “CEQA Guidelines”), in that an
Ordinance to implement the provisions of Government Code Section 65852.2 is
statutorily exempt from CEQA under Public Resources Code Section 21080.17. Any
portion of the proposed Ordinance that is not statutorily exempt is categorically exempt
as there is no potential for this action to cause a significant effect on the environment
and/or any project would be exempt under relevant provisions of the CEQA Guidelines,
including, but not limited to Existing Facilities (Sec. 15301), Replacement or
Reconstruction (Sec. 15302), or Construction or Conversion of Small Structures (Sec.
15303). and
WHEREAS, the City Council is the decision-making body for this Ordinance; and
WHEREAS, the City Council before taking action on this Ordinance has reviewed the not
a project determination and exemption, and using its independent judgment, determines
the Ordinance to be not a project or exempt from CEQA as stated above; and
WHEREAS, as required by Cupertino Municipal Code Section 19.152.030, the City
Council makes the following findings in connection with the changes to zoning
regulations proposed in Chapters 19.08, 19.20 & 19.112:
1. That the proposed zoning is in accord with Title 19 of the Municipal Code and the
City’s Comprehensive General Plan.
The Ordinance modifies Title 19 to be consistent with recently passed State Assembly and
Senate Bills aimed at promoting the development of Accessory Dwelling Units to alleviate the
existing housing crisis in the State of California. Cities must comply with state law. By adopting
a local ordinance, the City is exercising the limited discretion allowed by state law for certain types
of Accessory Dwelling Units.
The proposed Ordinance amendments conform with the City’s Housing Element’s goal of
providing an adequate supply of residential units for all economic segments through its strategy
of continuing to implement the Accessory Dwelling Unit Ordinance and encouraging the
production of second units.
Ordinance No. 20-2199
Page 2
2. The proposed zoning is in compliance with the provisions of the California
Environmental Quality Act (CEQA).
Adoption of zoning code provisions regarding accessory dwelling units are statutorily
exempt from CEQA under Public Resources Code Section 21080.17.
3. The site is physically suitable (including, but not limited to, access, provision of
utilities, compatibility with adjoining land uses, and absence of physical constraints) for
the requested zoning designation(s) and anticipated land use development(s).
The Ordinance is a citywide amendment to be in conformance with State standards to
encourage Accessory Dwelling Unit development. State law explicitly states that Accessory
Dwelling Units cannot be considered additional density. Therefore, the amendments do not impact
the residential density designations for sites within the City. Accessory Dwelling Units are limited
to single family, multifamily, and mixed-use residential zoning districts subject to their
conformance with standards outlined in Title 19.
4. The proposed zoning will promote orderly development of the City.
By updating the Accessory Dwelling Unit development standards, the Ordinance allows
for additional affordable housing development. The ordinance also prohibits the use of Accessory
Dwelling Units, which includes Junior Accessory Dwelling Units, as Short Term Rentals. This
would allow the City to grow its long-term housing stock. By adopting a local ordinance, the City
is exercising the limited discretion allowed by state law for certain types of Accessory Dwelling
Units.
5. That the proposed zoning is not detrimental to the health, safety, peace, morals
and general welfare of persons residing or working in the neighborhood of subject
parcels.
The Ordinance is a citywide amendment to be in conformance with State standards to
encourage Accessory Unit Development. The Ordinance contains various developments standards
that require conformance with fire, life safety, and building codes to ensure that new development
is not detrimental to the health, safety, peace, morals and general welfare of the community.
6. The proposed amendments are internally consistent with Title 19.
All necessary chapters and section of the Title 19 have been amended to ensure internal
consistency with the proposed regulations.
NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO DOES
ORDAIN AS FOLLOWS:
SECTION 1. Section 19.08.030(A) of Chapter 19.08 of Title 19 of the Cupertino
Municipal Code is hereby amended by editing the following definition:
“Accessory dwelling unit” means an attached or a detached residential dwelling unit
which provides complete independent living facilities for one or more persons. It shall
include permanent provisions for living, sleeping, eating, cooking and sanitation on the
Ordinance No. 20-2199
Page 3
same parcel as the primary dwelling unit is situated. An accessory dwelling unit also
includes the following:
1. An efficiency unit, as defined in Section 17958.1 of Health and Safety Code.
2. A manufactured home, as defined in Section 18007 of the Health and Safety Code.
3. “Junior accessory dwelling unit” means a unit that is no more than 500 square feet in
size and contained entirely within an existing single-family structure. Junior accessory
dwelling units must include an efficiency kitchen, which must include both a cooking
facility with appliances and a food preparation counter and storage cabinets that are of a
reasonable size in relation to the size of the unit. A junior accessory dwelling unit may
include separate sanitation facilities, or may share sanitation facilities with the existing
structure, as defined in California Government Code Section 65852.22.
SECTION 2: Section 19.08.030(L) of Chapter 19.08 of Title 19 of the Cupertino Municipal
Code is hereby amended by editing the following definition:
“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.
SECTION 3: Section 19.08.030(S) of Chapter 19.08 of Title 19 of the Cupertino Municipal
Code is hereby amended by editing the following definition:
“Single family residence,” for purposes of Chapter 19.112, shall mean one dwelling
unit located on a separately owned lot. Single family residence does not include
property with only air parcels or condominiums.
SECTION 4: Table 19.20.020 of Section 19.20.020 of Chapter 19.20 of Title 19 of the
Cupertino Municipal Code is hereby amended to read as follows:
Table 19.20.020–Permitted, Conditional and Excluded Uses in Agricultural and Residential
Zones
Uses Zoning Districts
A A1 R1 RHS R1C R2 R3
NO CHANGE ROWS #1 - #6b
7. An accessory dwelling
unit that conforms to the
requirements of Chapter
19.112;
P P P P P P P
NO CHANGE ROWS #8 - #42
Ordinance No. 20-2199
Page 4
SECTION 5: Chapter 19.112 “Accessory Dwelling Units” of Title 19 of the Cupertino
Municipal Code is hereby amended to read as follows:
19.112.010 Purpose.
19.112.020 Accessory Dwelling Units Regulations.
19.112.030 Site development regulations for Streamlined Accessory Dwelling Units &
Junior Accessory Dwelling Units.
19.112.040 Site Development Regulations for Non-Streamlined Accessory Dwelling
Units.
19.112.050 Review process.
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, agricultural, and mixed-
use zoning districts in a manner which minimizes adverse impacts of accessory dwelling
units on neighborhoods.
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
residential zoning district. The lot must have an existing single family dwelling 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 the
development of at least one residential unit. 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.
2. Accessory dwelling units must comply with the site development regulations and
guideline specified in those 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 modified by this chapter.
3. No impact fees, as defined in Government Code Section 65852.2(f), shall be imposed
on any accessory dwelling unit or junior accessory dwelling unit with a gross floor area
of less than 750 square feet. Impact fees for all other accessory dwelling units shall be
charged in compliance with State Law.
Ordinance No. 20-2199
Page 5
4. Accessory dwelling units may be rented separately from the single-family dwelling
or multi-family dwelling structure but may not be sold or otherwise conveyed separately
from the other dwellings on the lot, except pursuant to Government Code Section
65852.26. 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-family residence or JADU must be owner-occupied,
unless the owner is a governmental agency, land trust, or housing organization. Further,
the owner shall record a deed restriction, expressly enforceable against future purchasers,
containing the following: (a) a prohibition 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.
19.112.030 Site Development Regulations for Streamlined Accessory Dwelling Units
& Junior Accessory Dwelling Units.
Pursuant to California Government Code Section 65852.2(e), the 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 19.112.030B for multi-family developments.
Table 19.112.030A: Site Development Regulations for Streamlined Accessory Dwelling Units
and Junior Accessory Dwelling Units Associated with Single-Family Developments
Conversion of space within
principal dwelling unit or
accessory 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 wholly within the space of a
proposed or existing single-
family dwelling or the existing
space of an accessory structure,
and
ii. Does not require either:
800 s.f.
Ordinance No. 20-2199
Page 6
Table 19.112.030A: Site Development Regulations for Streamlined Accessory Dwelling Units
and Junior Accessory Dwelling Units Associated with Single-Family Developments
Conversion of space within
principal dwelling unit or
accessory structures
New Construction Detached
Accessory Dwelling Unit ≤ 800 s.f.
An addition of more than
150 square feet to an existing
accessory structure to
accommodate ingress and
egress only, or
Any addition to an existing
single-family dwelling unit.
2. Number of Units
Two accessory dwelling units are allowed only if one of the accessory
dwelling units is a detached unit built pursuant to this Table
19.112.030A and the other is a junior accessory dwelling unit.
Otherwise, only one accessory dwelling unit is allowed per lot.
3. Setbacks
Per the underlying zoning district
except that if the existing
structures do not meet these
standards, 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
height 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
structures 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
7. Direct outside access Independent outdoor access must be provided without going through
the principal dwelling unit.
Ordinance No. 20-2199
Page 7
Table 19.112.030A: Site Development Regulations for Streamlined Accessory Dwelling Units
and Junior Accessory Dwelling Units Associated with Single-Family Developments
Conversion of space within
principal dwelling unit or
accessory structures
New Construction Detached
Accessory Dwelling Unit ≤ 800 s.f.
8.
Separation from
principal dwelling
unit
The conversion must result in an
independent unit. With the
exception of a JADU that has a
shared bathroom with the
principal dwelling unit, no
interior doors or other connections
between the units are permitted.
Detached from principal dwelling
unit
Table 19.112.030B: Site Development Regulations for Streamlined Accessory Dwelling Units
Associated with Existing Multi-Family Developments
Conversions of interior space within
multifamily dwelling structures Detached, New Construction
1. Location
Conversion of space within existing
dwelling structures that is not used as
livable space (e.g. existing units)
including, but not limited to, storage
rooms, boiler rooms, passageways,
attics, basements, or garages, as long
as the unit meets building standards
for dwellings.
Detached from the multi-family
dwelling structure(s)
2. Number of
Units
The greater of:
25 percent of the existing number
of primary dwelling units, or
One accessory dwelling unit.
No more than two units
3. Minimum Size 150 s.f.
4. Maximum Size No size limitation 1,200 s.f.
Ordinance No. 20-2199
Page 8
Table 19.112.030B: Site Development Regulations for Streamlined Accessory Dwelling Units
Associated with Existing Multi-Family Developments
Conversions of interior space within
multifamily dwelling structures Detached, New Construction
5. Setbacks
The accessory dwelling unit shall not
increase the size of the existing
structure.
a. Located at least four feet from
the side and rear lot lines.
b. An applicant alternately may
elect to follow the setback and
height standards for accessory
structures in Chapter 19.100.
6. Height
The accessory dwelling unit shall not
increase the size of the existing
structure.
a. 16 feet
b. An applicant alternately may
elect to follow the setback and
height standards for accessory
structures in Chapter 19.100.
7.
Separation
from principal
dwelling unit
The conversion must result in an
independent unit. No interior doors or
other connections between the units
are permitted.
Detached from principal
dwelling unit.
19.112.040 Site Development Regulations for Non-Streamlined Accessory Dwelling
Units.
Any accessory dwelling unit that does not meet the criteria of Section 19.112.030 shall
meet the following development standards and use restrictions as identified in Table
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.
A. Number of Units
Only one accessory dwelling unit pursuant to Table 19.112.040 is
permitted and cannot be combined with any accessory dwelling units
pursuant to Table 19.112.030A.
B. Size of living space, exclusive of decks
1. Minimum size 150 s.f.
Ordinance No. 20-2199
Page 9
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.
2. Maximum size
a. Studios/one-bedroom unit – 850 s.f.; two or more-bedroom unit –
1,000 s.f.; and
b. Attached accessory dwelling units shall not exceed 50% of the
existing primary dwelling
c. Application of lot coverage, floor area, and open space standards:
i. Maximum size for units ≤ 800 s.f. shall not be limited by lot
coverage, floor area ratio, and open space requirements per
the underlying zoning.
ii. Maximum size for units > 800 s.f. are limited by lot coverage,
floor area ratio, and open space requirements per the
underlying zoning. These standards shall apply to the gross
floor area of the unit proposed. Notwithstanding application
of these standards, an 800 s.f. detached accessory dwelling
unit is permitted pursuant to Table 19.112.030A or an 800 s.f.
attached accessory dwelling unit is permitted.
C. Setbacks 1
Per the underlying zoning
district, except the required
side and rear setbacks are
modified to four feet.
The proposed structure must
comply with the setback standards
for accessory structures in Chapter
19.100, except the street side
setbacks are modified to four feet.
D. Height Per the underlying zoning
district
The proposed structure must
comply with the height 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
1 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 replaces an existing structure and is located in the
same location and to the same dimensions as the structure being replaced.
Ordinance No. 20-2199
Page 10
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.
F. Parking
1. Parking for
accessory dwelling
unit
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 accessory dwelling
unit meets one of the following requirements:
a. Located within one-half (1/2) mile of a public transit 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 share 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
through the principal dwelling unit.
H. Screening from public
street
All access to accessory dwelling units shall be on a different wall
plane than the access to the principal dwelling unit.
I. Structure Design Should be compatible with the architectural style and materials of
the principal structure.
Ordinance No. 20-2199
Page 11
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 unit are
permitted.
Detached from principal dwelling
unit.
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 Government Code Section 65852.2.
SECTION 6: 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 7: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by
Government Code Section 36937.
SECTION 8: 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 9: 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
Ordinance No. 20-2199
Page 12
construed as continuations of those provisions and not as amendments of the earlier
provisions.
INTRODUCED at a regular meeting of the Cupertino City Council the 18th day of
February 2020 and ENACTED at a regular meeting of the Cupertino City Council on this
3rd day of March 2020 by the following vote:
Vote Members of the City Council
AYES: Scharf, Paul, Chao, Sinks, Willey
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
____________________________
Steven Scharf, Mayor
City of Cupertino
3/19/2020 ____________________
Date
ATTEST:
Kirsten Squarcia, City Clerk
_3/24/20____________________________
Date
APPROVED AS TO FORM:
____________________________
Heather Minner, City Attorney
_3/23/2020____________________
Date
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, KIRSTEN SQUARCIA, City Clerk and ex-officio Clerk of the
City Council of the City of Cupertino, California, do hereby certify the
attached to be a true and correct copy of Ordinance No. 20-2197, which
was enacted on February 18, 2020, and that it has been published or
posted pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this 24th day of March 2020.
KIRSTEN SQUARCIA, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California
ACCESSORY DWELLING UNIT
INFORMATION SHEET
www.cupertino.org/adu
1. Please see the “Floor Area Ratio (FAR)” info box on the next page for more information.
2. If the structure is non-conforming, the rear and side setbacks must meet fire and life safety requirements.
3. Streetside setbacks for corner lots modified to 4 feet.
4. Except that max. height of 16 ft is allowed at farthest point from the rear and side property lines.
*On corner lots, ADUs may not encroach into the required corner triangle.
TYPES OF ADUs
AttachedDetachedInternal Conversion
DEVELOPMENT STANDARDS
No change
in height of
existing
structure
4 ft rear
and side
Front per
underlying
zoning; Rear
and sides
4 ft
No increase
in height of
existing
structure
No increase
in height of
existing
structure
16 ft
No increase
in size of
existing
structure
The greater
of: 25% of
existing no. of
primary
dwelling units
or one ADU
Single Family Multi Family
Internal
Conversion
Detached
(800 s.f.)
Detached
(> 800 s.f.)Attached Detached
Max. Size
Setbacks
Height
Number of
Units
Direct
Outside
Access
No size
limitation1 800 s.f.
1 bd: 850 s.f.
2+ bd: 1,000 s.f.
Must meet
Floor Area
Ratio and Lot
Coverage
No size
limitation1 1,200 s.f.
Per
underlying
zoning2
Front per
underlying
zoning; Rear
and sides
4 ft
Must comply
with
Accessory
Structure
Ordinance3
Front per
underlying
zoning; Rear
and sides
4 ft
Two units are allowed if one
is a JADU and one is a
detached 800 s.f. ADU
Must comply
with
Accessory
Structure
Ordinance4
Per
underlying
zoning2
16 ft
Only one ADU of this kind is
allowed. A JADU is not
allowed in addition to these
No more
than 2 ADUs
1 bd: 850 s.f.
2+ bd: 1,000 s.f.
Must meet
Floor Area
Ratio and Lot
Coverage
Internal
Conversion
•Independent outside access must be provi ded wi thout g oi ng throug h the pri nci pal uni t
and must be on a different elevati on than the entrance to the pri nci pal unit
•There can be no connecti on wi th the pri nci pal uni t, except f or a JADU that shares a
bathroom with the pri nci pal uni t
Q: How many ADUs can I build, at most, on my property?
For single Family property, you can construct a streamlined
detached ADU (≤ 800 sq. ft.) and a JADU for a total of two
ADUs. Note that a JADU cannot be combined with either an
attached ADU, or a detached ADU that is greater than 800 sq. ft.
For multi-family property, you can construct up to two detached
ADUs and convert non-habitable spaces to construct up to 25%
of this number of existing units (minimum one) as ADUs.
Q: Is there a limit to the number of bedrooms allowed in an
ADU?
There is no limit on the number of bedrooms in an ADU.
However, for single family property, there are size restrictions
depending on the number of bedrooms proposed. For a studio
or one-bedroom unit, the maximum size allowable is 850 sq. ft.
while for any ADU with two or more bedrooms, the maximum
allowable size is 1,000 sq. ft.
Q: May I sell or rent my ADU?
An ADU may be rented, but not sold, separately from the
principal dwelling unit. However, ADUs, including JADUs,
may not be used for short-term rental activity. For JADUs, the
owner must occupy either the principal dwelling unit or the
JADU. Additionally, the owner shall record a deed restriction
prohibiting the sale of the JADU separate from the principal
dwelling unit and restricting the size and attributes of the JADU
to conform with JADU regulations.
Q: Can I have a door or any connection between my
attached ADU and my primary dwelling unit?
No internal access is allowed except for a JADU that has a
shared bathroom with the principal dwelling unit on property
with single family uses. All other ADU’s must be completely
separated from the principal dwelling unit or other units (in a
multi-family development).
Q: Can I have a two-story ADU?
A two-story ADU is allowed if you are converting a portion of
existing second story space into an ADU.
Q: Is an ADU required to have its own address?
A detached ADU is required to have its own address. All other
types of ADUs may have their own address but are not required
to.
Q: Can I propose a JADU and an attached ADU with my
brand new single family home?
No. Please see the response to Question #1.
Q: Is there a replacement parking requirement for
converting a garage into an ADU?
You do not need to provide replacement parking when
converting a garage into an ADU.
Q: Can I convert my existing 2-car garage to be a 300 sq.
ft. ADU and use the balance of the sq. ft. for my principal
dwelling unit?
Existing garages can be converted into an ADU, but no portion
of the existing garage may be converted for use as livable/
usable space by the principal dwelling unit.
Q: Can I convert my existing attached garage into a
JADU?
A JADU is created by converting space within the walls of
the principal dwelling unit. Therefore, the garage conversion
would have to be the property’s only ADU and could not be
considered a JADU. In this situation, for single family property,
you could not have any other type of ADU (including a JADU).
Q: Can an ADU have its own garage and/or covered
patio?
Yes, as long as the garage and/or covered patio proposed
meet(s) the necessary size, height, and setback regulations; as
well as, the Floor Area Ratio and lot coverage restrictions for
the property.
Q: Can I absorb the space of an ADU built under the
relaxed state regulations into the principal dwelling unit?
No. The relaxed floor area and lot coverage standards are to
allow additional housing units to become available, not to
allow larger principal dwelling units.
Q: Do I have to pay impact fees?
ADUs < 750 sq. ft. in size will not incur park, storm drain, or
school impact fees. ADUs larger than this size will still incur
these impact fees. Please contact the Public Works Department
at (408)-777-3354 or Cupertino Union School District at (408)-
252-3000 ext. 61-373 for more information.
Q: Will my property taxes increase if I build an ADU?
Yes. The County Assessor appraises all new construction and
remodels, including ADUs, at fair market value. Please visit
www.sccassessor.org for more information.
Q: Do I need a separate water and/or electric meter for
my ADU?
Please contact your water provider and/or PG&E to determine
whether these are needed.
FREQUENTLY ASKED QUESTIONS
• ADUs ≤ 800 s.f. (living area, excluding decks, etc.)
are not limited by lot coverage, FAR, and open
space requirements
• ADUs >800 s.f. are limited by lot coverage, FAR,
and open space requirements
• ADUs in multi-family developments are not
limited by lot coverage, FAR, or open space
requirements
• Internal Conversions in multi-family dwellings
must be created out of space that is not used as
livable space (i.e. attic, basement, storage room)
• An ADU ≤500 s.f.
• Contained entirely within an existing or proposed
home (not a garage)
• Must fit within the allowed 45% Floor Area Ratio
• Must have an efficiency kitchen at the minimum
• Bathroom may be shared or independent from
principal unit
• Converted out of habitable living space
FLOOR AREA RATIO (FAR)WHAT IS A JADU?