PC Packet 8-24-2021CITY OF CUPERTINO
PLANNING COMMISSION
AGENDA
This will be a teleconference meeting without a physical location
Tuesday, August 24, 2021
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, August 24th to the Commission at
planningcommission@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 planningcommission@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 planningcommission@cupertino.org prior to
speaking.
3) Teleconferencing Instructions
Members of the public may observe the teleconference meeting or provide oral public
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Planning Commission Agenda August 24, 2021
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
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
Ple a s e c l i c k t h e l i n k b e l o w t o j o i n t h e w e b i n a r :
https://cityofcupertino.zoom.us/webinar/register/WN_qF1qc8ZOQLO-sJuGPPolMw
Phone
Dial 669-900-6833 and enter Webinar ID: 912 0270 1094 (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: 912 0270 1094
SIP: 91202701094@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.
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Planning Commission Agenda August 24, 2021
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
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
POSTPONEMENTS
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
CONSENT CALENDAR
Unless there are separate discussions and/or actions requested by commission, staff or a member of the
public, it is requested that items under the Consent Calendar be acted on simultaneously.
STUDY SESSION
1.Subject: Study Session to provide an update on the Pre-Approved Accessory Dwelling
Unit Program and Accessory Dwelling Unit implementation.
Recommended Action: That the Planning Commission receive the presentation and
provide comments.
Staff Report
1. Steps to a Completed ADU Handout
2. ADU FAQs handout
PUBLIC HEARINGS - NONE
OLD BUSINESS - NONE
NEW BUSINESS - NONE
STAFF AND COMMISSION REPORTS
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Planning Commission Agenda August 24, 2021
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.
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Planning Commission Agenda August 24, 2021
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CITY OF CUPERTINO
Agenda Item
21-9761 Agenda Date: 8/24/2021
Agenda #: 1.
Subject: Study Session to provide an update on the Pre-Approved Accessory Dwelling Unit Program
and Accessory Dwelling Unit implementation.
That the Planning Commission receive the presentation and provide comments.
CITY OF CUPERTINO Printed on 8/19/2021Page 1 of 1
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PLANNING COMMISSION STAFF REPORT
Meeting: August 24, 2021
SUBJECT
Study Session to provide an update on the Pre -Approved Accessory Dwelling Unit
Program and Accessory Dwelling Unit implementation.
RECOMMENDED ACTION
That the Planning Commission receive the presentation and provide comments.
DISCUSSION
Background
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 order to implement this General Plan
policy, 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. As part of these efforts, the City has reduced
building permit and impact fees and adopted modifications to development standards.
The direction from Council in implementing this FY20/21 City Work Program included
an item to establish Pre-approved ADU plans to help property owners by
reducing/eliminating design costs and creating procedures and policies on streamlining
the ADU review process.
Planning Commission Review
An update on Accessory Dwelling Unit production and implementation of incentive
programs was provided at a study session to the Planning Commission on June 23, 2020.
At the study session, staff presented a review of programs other cities had created for
pre-approved ADUs. The City of San Jose’s ADU Ally Program was discussed in depth
as it was successful in facilitating ADU education and development. This program offers
pre-approved plans from selected vendors that helps quicken the review process while
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saving the applicant money.1 The Planning Commission’s direction was to return for a
follow-up study session on the progress of the City’s own pre-approved ADU program.
Analysis
Pre-Approved ADU Program
Upon completion of the review of other City’s programs, the discussion at the Planning
Commission, Planning Staff in winter 2020 initiated the City’s pre -approved ADU
program in collaboration with Building Division staff. The program is primarily
implemented through the City’s webpage which can be viewed here. Its process is based
on the San Jose ADU Ally Program which enables residents to choose a pre -approved
ADU design from a specific vendor, saving the applicant time, and potentially money.
All pre-approved ADUs must be detached but can be stick-built or prefabricated. The
program functions as follows:
Any homeowner applying for a site specific pre-approved ADU must continue to submit
the vendor’s approved design, boundary survey, site plan, and if proposing to install an
HVAC system, the specs for the outdoor condenser.
Homeowners can only qualify for a pre-approved ADU if their residence is in the Valley
Floor geologic designation. This is the area that includes all relatively level valley floor
terrain, primarily not adjacent to any waterways, and not included in the following
categories:
Fault Rupture
Slope instability
Hillside
Liquefaction/Inundation
To assist potential applicants in identifying their property’s qualification for the Program,
the Program’s webpage contains a mapping feature that can identify whether a parcel in
the City is eligible. Planning staff developed handouts with FAQs, basic development
standards, and description of the pathway to applying for a permit and obtaining a
building permit for the public. These have been attached as Attachments 1 and 2.
1 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.
Vendor submits
design for ADU
to Building
Department.
Plans routed to
various
departments for
review and
approval for
building code
and fire safety.
If approved,
vendor and
design are listed
on City's
webpage.
Approved design
is kept on file.
Qualified
homeowners
work with
approved vendor
to submit site
specific Building
Permit.
Building Permit
application
reviewed for
compliance with
zoning related
issues.
Building Permit
issued
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Accessory Dwelling Unit Development
California General Plan law requires each city and county to have land zoned to
accommodate its fair share of the regional housing need as part of its Regional Housing
Needs Allocation (RHNA). Over the 8-year projection period (January 1, 2014 through
October 31, 2022) for the City’s Housing Element, the City’s fair share allocation is 1,064
new housing units, which is divided into four income categories: very low, low,
moderate, and above moderate. Consistent with Government Code Section 65583(c)(1)
and HCD technical guidance documents, the City is applying ADU development towards
its moderate income RHNA.
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 August 3, 2021, there have been 118 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 2020 2021
Attached/ Conversion 0 1 11 9 10 8 12 18
Detached 8 4 7 3 5 7 8 7
Total 8 5 18 12 15 15 20 25
Although only midway through the 2021 calendar year, based on the data, it appears that
the city has surpassed its most prolific year (20 in 2020) for ADU development.
Table 2 has a breakdown the types of ADUs and sizes of units that residents have been
permitted to be built in the 2020-2021 calendar years. Conversions of garages/enclosed
parking spaces into ADUs do not require replacement parking. There have been ten
instances of garage conversions so far – four detached garages and six attached garages.
To date, no applications for ADUs within existing multi-family developments have been
received in the city, though there have been some inquiries about addition of ADUs on
duplex properties.
Table 2 Types and Size of ADUs and JADUs in the City (2020 -2021)
JADU Detached ADU Attached ADU Conversion
Average Size
(Size Range) 0 652 s.f.
(406-995 s.f.)
625 s.f.
(425-800 s.f.)
503 s.f.
(395-864 s.f.)
Number 0 15 18 12 2
2 Ten of these are garage conversions.
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Prepared by: Gian Paolo Martire, Senior Planner
Reviewed by: Piu Ghosh, Planning Manager
Approved by: Benjamin Fu, Director of Community Development
ATTACHMENTS
1. Steps to a Completed ADU Handout
2. ADU FAQs handout
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STEPS TO A COMPLETED ADU
THE PERMITTING PROCESS
www.cupertino.org/adu
• Contact the Planning Division: planning@cupertino.org or (408) 777-3308; or
• Visit in-person during the Planning Counter Hours
• A Planner will advise you on how the ADU Ordinance applies to your project
1. Talk to a Planner
2. Hire Experienced Professionals
• We advise that you hire a designer, licensed architect, and/or engineer to design the ADU
and a licensed contractor to build it
3. Submit a Preliminary Review (Optional)
• We suggest that you electronically submit your architectural plans for a complementary
preliminary review by the Planning Division (planning@cupertino.org)
• A Planner will review your proposal to ensure that proposal meets all requirements
4. Prepare Building Permit Submittal Package
• Prepare drawings and documents according to the Electronic Plan Submittal requirements
• Complete a Construction Permit Application
• Complete a New Address Form - Required for detached ADUs. All other ADUs may have their
own address, but it is not a requirement
5. Submit Permit Package and Pay Fees
• Create your Accela Citizen Account (ACA) (www.cupertino.org/aca)
• Electronically submit the application form permitcenter@cupertino.org
• The ACA account allows Permit Center staff to link the permit to your account and generate
invoices. Invoiced fees may be paid online through ACA
6. Plan Review Process
• You will be sent instructions on how to create a ProjectDox account (https://eplanreview.
cupertino.org/ProjectDox/) and upload plans.
• Plans will be routed and reviewed by all applicable agencies using ProjectDox
• Use ProjectDox to track review progress, view project review comments and upload revised
drawings and/or documents
7. Building Permit Issuance
• Pay any remaining invoiced fees online through ACA and notify the Permit Center
(permitcenter@cupertino.org) once all fees have been paid
• Permit Center Staff will then send the permit to be signed and submitted electronically to the
licensed contractor or the property owner
• Submit the signed permit electronically through ProjectDox
• The approved plans & documents will be stamped, prepared, and released in ProjectDox
• The construction and inspection phase can now begin
8. Schedule and Pass Inspection(s)
• Please review the Inspection Procedures Required for Residential Structures handout
• For JADUs, obtain a covenant from Planning staff, get your signature notarized, and record it
with the Santa Clara County Recorder prior to scheduling a final building inspection
• Schedule inspection(s) online using your Accela Citizen Account or by calling the Building
Division at (408) 777-3228
• After each inspection, an inspection report will be emailed to the primary contact on permit
record
Congratulations!
Your ADU is now complete
??
$$
77
88
Updated 7/30/2020
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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. On corner lots, streetside setbacks modified to 4 feet, but ADU may not encroach into required corner triangle.
4. Except that max. height of 16 feet is allowed at farthest point from the rear and side property lines.
*For detached ADUs, walls less than 5 feet from the property line may have windows if they have obscured glass or have a sill
height above 5 feet from the floor (CMC 19.100.030 (2)(i)).
*Detached ADUs must be set back from the principal unit at least 5 ft from eave to eave (CMC 19.100.030(2)(c)).
TYPES OF ADUs
AttachedDetachedInternal Conversion
DEVELOPMENT STANDARDS
Updated 11/3/020
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 provided without g oing throug h the principal unit
and must be on a diff erent elevati on than the entrance to the p ri ncip al uni t
•There can be no connection with the p rincip al unit, excep t for a JADU that shares a
bathroom wi th the p ri ncip al uni t
• Independent outside access must be provided without going through the principal
unit and must be on a different elevation than the entrance to the principal unit
• There can be no connection with the principal unit, except for a JADU that shares a
bathroom with the principal unit
The greater
of: 25% of
existing
dwelling units
or one ADU
Must
comply with
Accessory
Structure
Ordinance3
Must
comply with
Accessory
Structure
Ordinance4
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1.How many ADUs can I build, at most, on my property?
Pursuant to AB 3182, adopted in 2020, single family properties can
construct a JADU and a streamlined detached ADU (≤ 800 sq. ft.) or
an ADU that is a conversion of existing space built in accordance to
the City of Cupertino's Municipal Code, 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 the
number of existing units (minimum one unit) as ADUs.
2.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.
3.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.
4.Can I have a two-story ADU?
A two-story ADU is only allowed if you are converting a portion of
existing second story space into an ADU.
5.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.
6.Can I propose a JADU and an attached ADU with my brand
new single family home?
No. A JADU cannot be combined with an attached ADU.
7.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.
8.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 FAR
and lot coverage restrictions for the property.
9.Can I convert a portion of my existing garage into an ADU
and use the balance of the sq. ft. for my main home?
Existing garages can be converted into an ADU, however, the balance
of the space cannot be used for the principal dwelling unit as a result
of this conversion.
space cannot be used for the principal dwelling unit as a result of this
conversion.
10.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. Since garages are considered an accessory use to the
principal dwelling unit, the resulting ADU would not be considered
a JADU. In this situation, on a single family property, you could not
have any other type of ADU (including a JADU).
11.I want to convert a portion of my existing home that
maximizes FAR to an ADU and, concurrently, I want to add
some or all of the converted sq. ft. to the primary dwelling unit
in another area. Can I do this?
No. Existing square footage, once converted to an ADU, may not be
added as new construction elsewhere to the primary dwelling unit.
The relaxed provisions afforded by state law which reduce rear and
side setbacks and eliminate floor area, lot coverage, and open space
limitations, provide flexibility to add an ADU only.
12.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.
13.I can add 500 s.f. before I reach the maximum FAR for my
property. I want to add a 600 s.f. ADU. Can I do this?
Yes. While ADU s.f. counts toward allowable FAR, you are permitted
at least 800 s.f. for an ADU even if you reach the maximum FAR. Not
that once FAR is maximized (here, with 500 sq. ft. addition), while
future additions to the primary dwelling unit are not permitted, 200
sq. ft. may still be added to the ADU.
14.Do I have to pay impact fees?
ADUs < 750 sq. ft. in size will not incur park, or storm drain fees.
ADUs larger than this size will incur impact fees. However, ADUs of
any size may be subject to school impact fees. Please contact Public
Works Department at (408) 777-3354, Cupertino Union School
District at (408) 252-3000 ext. 61-373, and Fremont Union High School
District at (408) 522-2220 for information.
15.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.
16.Is a water and/or electric meter required for my ADU?Please
contact your water provider and/or PG&E to determine whether
these are needed.
FREQUENTLY ASKED QUESTIONS
FLOOR AREA RATIO (FAR)WHAT IS A JADU?
Updated 11/3/020 Updated 7/9/2021
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