CC 09-03-2025 Item No. 16 amending Municipal Code Chapters 19.08 and 19.112_Written CommunicationsCC 09-03-2025
Item No.16
Amending Municipal
Code Chapters 19.08
(Definitions), and 19.112
(Accessory Dwelling Units)
Written Communications
From:Jennifer Griffin
To:bc-strategydiscuss@googlegroups.com; City Clerk
Cc:grenna5000@yahoo.com
Subject:Number 16: Adu Study Session on 9/3/2025 City Council Meeting Agenda
Date:Wednesday, September 3, 2025 2:42:06 PM
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Dear City Council:
(Please consider the following public input on Item Number 16 on the Study Session on Adus at
The 9/3/25 City Council Meeting on 9/3/25).
It is appropriate to have a Study Session on Adus in Cupertino. The state has consistently enacted
Legislative bills in the last seven years that the public have never been able to vote on
concerning adus. It is truly legislation with no representation. We are subjected to laws from
Sacramento without the public being able to do anything to object concerning adus.
The adu laws from Sacramento are not the wisest laws and suffer from zero public input. They are
Passed and have never been studied or analyzed for real world applicability etc. Who has housing
Laws that streamline construction of something the public has never been allowed to express
their opinion on? I assume the state does not want to hear from the public about adus, because there
Are indeed complaints from the public about them.
San Jose just allowed the selling of adus which the state evidently okayed last year without
asking the public about it. Selling adus is a big step off a big cliff and I hope Cupertino never
takes that step.
If the state is not going to allow the public to express their opinions on adu laws, what good are the
Adu laws the state is passing anyway? The state seems to be scared of the public and calls them
Names if they ask questions or make comments about the adu laws. One wonders about the
adu laws in general and how they keep getting more draconian all the time. Why is this and maybe
We need a statewide study session on adus also?
Best regards,
Jennifer Griffin
From:Liang Chao
To:Tina Kapoor
Cc:Benjamin Fu; Luke Connolly; City Clerk
Subject:Questions for Agenda Item 16: Progress on Strategy HE-1.3.8 Accessory Dwelling Units.
Date:Tuesday, September 2, 2025 4:15:56 PM
I hope to get some information on the progress of our ADU program.
Please include the email below for the Public Comment for Agenda Item 16.
yMore specifically, here were my questions from July 6, 2025.
I wonder what's the progress on the items mentioned in those sections, especially
the ones with timeframe for June 2025 or December 2025?
Specifically:
"Incentives will be explored by June 2025," according to the staff comment in
the GP 2024 Annual Report.
"Grants will be applied to provide as ADU production incentives as
opportunities become available," according to the staff comment in the GP
2024 Annual Report.
"Evaluate effectiveness of ADU approvals annually, starting April 2024, and
identify additional incentives within one year if ADU targets are not being
met," per the 2023-031 Housing Element.
Thanks,
Liang
Liang Chao
Mayor
City Council
LChao@cupertino.gov
408-777-3192
From: Liang Chao <LChao@cupertino.gov>
Sent: Sunday, July 6, 2025 5:15 PM
To: Tina Kapoor <TinaK@cupertino.gov>
Cc: Benjamin Fu <BenjaminF@cupertino.gov>; Luke Connolly <LukeC@cupertino.gov>
Subject: Progress on Strategy HE-1.3.8 Accessory Dwelling Units.
When I found out that the anti-displacement policy was going on the Council agenda
back in April, I had inquired on a list of policy updates necessary for the implementation
of the Housing Element. At the time, I was told only that the Safety Element will be
updated.
I learned two weeks ago that the ADU policy will be updated due to new state laws.
When I attended an event by the newly formed Small Builders' Association, I learned that
Campbell has adopted some ADU acceleration program. Then, I thought I should
understand what's being planned for Cupertino. So, I reviewed "Strategy HE-1.3.8
Accessory Dwelling Units" of the adopted 2023-2031 Housing Element.
I wonder what's the progress on the items mentioned in those sections, especially the
ones with timeframe for June 2025 or December 2025?
Specifically:
"Incentives will be explored by June 2025," according to the staff comment in the
GP 2024 Annual Report.
"Grants will be applied to provide as ADU production incentives as opportunities
become available," according to the staff comment in the GP 2024 Annual Report.
"Evaluate effectiveness of ADU approvals annually, starting April 2024, and identify
additional incentives within one year if ADU targets are not being met," per the
2023-031 Housing Element.
Thank you for your help with the information!
I included the relevant sections from the adopted 2023-2031 Housing Element and the
2024 General Plan Annual Report (from the 12/19/2024 Housing Commission agenda)
below, for easy reference for myself.
(BTW, I cannot find the 2024 annual general plan report on the general plan page
https://www.cupertino.gov/Your-City/Departments/Community-
Development/Planning/General-Plan/General-Plan-Community-Vision, so I just used a
version that I found earlier from the Housing Commission agenda, which may not be the
final version.)
Liang
============
From the 2024 General Plan Annual Report (from the 12/19/2024 Housing Commission
agenda) :
The Staff Comment for STRATEGY HE‐1.3.8:
Comment: “Not an action item. The City continued to encourage the
production of second units. In 2023, the City issued 50 building permits
for ADUs ‐ this is approximately 33% of the total number of ADU building
permits issued during the entire 5th Cycle. The ordinance is regularly
updated to comply with state law.
In 2021, the City developed a pre‐approved ADU program to
further incentive the creation of ADUs. One property has
utilitzed the pre‐approved ADU program since then.
New zoning development standards were approved through a
public hearing before the City Council in July 2024. (Ordinance
24‐2262, Ordinance 24‐2261).
The City of Cupertino has joined a regional effort in Santa Clara
County to use a new survey to collect rent data on new ADUs
built to determine affordability. The survey has been posted to
the website and is active as of January 2025.
The pre‐approved ADU program continues to be offerred and
the program will be monitored as part of the APR.
Incentives will be explored by June 2025. Grants will be applied
to provide as ADU production incentives as opportunities
become available.
In 2024, 41 ADU building permits were issued and 46 ADUs
received certificates of occupancy.”
==============
From "Strategy HE-1.3.8 Accessory Dwelling Units" of the adopted 2023-2031 Housing
Element:
Under the "Timeframe" section, the section reads:
"Amend the municipal code by June 2024 and update ADU
materials available by June 2024. Allow ADUs ongoing beyond
State law requirements, Present proposed code amendment within
six months of Housing Element adoption. Identify incentives by
June 2025, and apply annually for funding to support ADU
incentives. Evaluate effectiveness of ADU approvals annually,
starting April 2024, and identify additional incentives within
one year if ADU targets are not being met."
Under "Objectives", the section reads:
"60 ADUs to improve housing mobility and improve proximity
to services and employment opportunities for lower- and moderate income
households, with targeted outreach in high-opportunity
areas with high rates of renter overpayment, such as the Rancho
Rinconada neighborhood, and areas in close proximity to jobs,
such as the North Blaney and Garden Gate neighborhoods, as
well as lower-density neighborhoods. (40 ADUs are assumed to
address the displacement risk)."
========
From "Strategy HE-1.3.8 Accessory Dwelling Units" of the adopted 2023-2031 Housing
Element:
STRATEGY HE‐1.3.8: ACCESSORY DWELLING UNITS
The City will encourage the construction of accessory dwelling units (ADUs)
throughout the city through
the following actions, which are aimed at providing an increased supply of
units affordable to very low,
low, and moderate income households and therefore provide affordable
housing in high opportunity
neighborhoods and help reduce displacement risk for low income
households resulting from overpayment:
● Amend the municipal code to be consistent with the latest State
legislation related to ADUs, in accordance with California Government Code
Sections 65852.2 et seq.
● Continue to provide guidance and educational materials for building ADUs
on the City’s website, including permitting procedures.
Additionally, the City will biennially present homeowner associations with
information about the community and neighborhood benefits of ADUs, and
inform them that covenants, conditions, and restrictions (CC&Rs)
prohibiting ADUs are contrary to State law.
● To increase mobility for lower income households, proactively advertise
the benefits of ADUs by distributing multilingual informational materials in
areas of high opportunity and a limited number of renter households,
including the Monta Vista North and Oak Valley neighborhoods, to increase
mobility for low‐income households by posting flyers in community gathering
places and providing information to community groups and homeowners’
associations at least annually.
● Continue to offer the pre‐approved ADU program and post links to
approved plans as available.
● Annually monitor ADU production and affordability as a part of the Annual
Progress Report process and adjust or expand the focus of the education
and outreach efforts.
● Apply annually, if grants are available, for funding to provide incentives, for
homeowners to construct ADUs affordable to very low, low, and
moderate‐income tenants.
● Permit up to a maximum of three, 800 s.f. attached or detached ADUs,
JADUs, or conversion ADUs on all single family zoned properties and 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.
● Identify incentives for construction of affordable ADUs with new
development, which may include deferring collection of impact fees for the
square footage associated with the ADU until issuance of the certificate of
occupancy.
Thanks!
Liang
Liang Chao
Mayor
City Council
LChao@cupertino.gov
408-777-3192