CC 09-03-2025 Item No. 16. Accessory Dwelling Units Ordinance Amendments_Staff PresentationBackground
• City ADU Ordinance (No. 23-2254) adopted February 23,
2024, submitted to CA Dept. of Housing and Community
Development (HCD) on February 29, 2024 for review
• HCD sent letter to City dated April 24, 2025 summarizing
findings, and identifying some areas where City's code
needs to be updated, mostly to reflect changes to ADU
that went into effect Jan 1, 2025.
• City response to HCD on May 19, 2025 stated its intent to:
• Comply with all provisions of State Law and
• Amend Municipal Code by September 30, 2025.
SB 1211 and AB 2533
SB 1211: Amended Table 19.112.030B
• Existing multi -family dwelling: Allow up to eight (8) detached units
but no more than the number of existing units on lot.
• Proposed multifamily dwelling: Not more than two detached
ADUs.
AB 2533: Added language in Section 19.1 12.050
Sets additional restrictions for City's review of ADU and JADU
applications including unpermitted ADUs and JADUs, particularly
those constructed prior to January 1, 2020.
• Can not require correction of non -conforming zoning violations in
conjunction with approval of permit.
• Can not require correction of building standard violations or
unpermitted structures which are not threat to public health and
safety
Occupancy & Govt Code Section
References
Occupancy
• Updated Section 19.1 12.020 to reflect Govt. Code
Section 66328. ADUs may not receive final
occupancy before primary unit receives
occupancy.
Government Code Sections
• Updated Govt. Code Section references in
Chapters 19.08 and 19.112. Govt. Code Sections
related to ADUs updated by state on March 25,
2024.
Multi -Family ADUs
Multi -family Code Section
• Updated Table 19.1 12.030A by removing references to
"Duplexes". Duplexes are multi -family developments per
state law. ADUs proposed on properties with existing and
proposed duplexes will be subject to multi -family ADU
standards.
• Updated Table 19.1 12.030A by removing size limitation
(1,200 sf) for detached ADUs in multi -family
developments. Govt. Code does not identify limit on ADU
size when proposed on multi -family property.
Non -Streamlined ADUs
Parking
• Updated language in Table 19.1 12.040(F) (1) to add language
from Govt. Code Section 66322. When application for an ADU
submitted in conjunction with new single-family home, City may
not require parking for ADU if site or ADU satisfy other criteria listed
in Table 19.1 12.040(F) (1) for which no parking is required.
Structure Design
• Updated language in Table 19.1 12.040 regulating ADUs larger
than 800 s.f. Existing language not objective per HCD. Changed
language to require ADUs in certain architecturally sensitive areas
of town to match architectural style identified in policy documents
for those areas (e.g. Planned Development zoning districts, Eichlers
etc.)
Planning Commission
On July 8, 2025, PC recommended (4-0, Fung Absent) that City
Council adopt the proposed amendments to the Municipal Code
per Planning Commission Resolution No. 2025-14 (Attachment C) and
find the actions exempt from CEQA, with the following modification:
• Remove the proposed design standard for Non -Streamlined ADUs
in Table 1 9.1 12.040(l) (a)
Post Planning Commission
Recommendation Revision for Housing
Element Compliance/Duplex
• Strategy HE -1.3.8: Accessory Dwelling Units - a maximum
of up to two 800 s.f. attached or detached ADUs, JADUs
or conversion ADUs on all duplex zoned properties, which
is in excess of the number of ADUs allowed under state
law.
• Staff has included this standard in draft ordinance under
Table 19.1 12.030B in order to ensure the city's continued
consistency with its Housing Element.
Recommended Action
That the City Council Conduct the first reading
of Ordinance No. 25- (Attachment A): "An
Ordinance of the City Council of the City of
Cupertino amending Municipal Code
Chapters 19.08 (Definitions), and 19.112
(Accessory Dwelling Units) regarding Accessory
Dwelling Units."
Next Steps
The recommendations made by the Planning
Commission will be forwarded to the City Council for
consideration at the September 3, 2025, meeting.