CC 09-03-2025 Item No. 16. Accessory Dwelling Units Ordinance Amendments_Desk Item1
CITY COUNCIL STAFF REPORT
DESK ITEM
Meeting: September 3, 2025
Agenda Item #16
Subject
Introduce amendments to Municipal Code Chapters 19.08 (Definitions), and 19.112 (Accessory
Dwelling Units) and Associated Environmental Review. (Application No. MCA-2025-001;
Applicant: City of Cupertino; Location: City-wide)
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.”
Background:
Staff’s responses to questions received from councilmember s are shown in italics.
Q1: I wonder whether the ADU update proposed for the 9/3 council agenda would address
the issue faced by this resident? If not, what kind of changes might be necessary? (Resident
email Attachment E)
Staff response: The Planning Commission recommendation for the ADU Ordinance update will not
be addressing the residents’ concerns as it relates to allowing streamlining of detached ADUs
between the 800 – 1000 square feet. The City Council, within its discretion, may at its scheduled
meeting on September 3, 2025, motion to amend the Ordinance to allow for detached ADUs of this
size to be streamlined.
Q2: 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. More 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
2
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.
Staff response: The Housing Element objectives for ADU production are 192 ADUs by the end of
the Housing Element Cycle (2031), or 24 ADUs annually. Since January 1, 2023, the City has
received applications for 201 ADU permits. In 2023 alone, the City issued 50 building permits for
ADUs, while in 2024, 41 ADU building permits were issued and 46 ADUs received certificates of
occupancy. Therefore, the City is exceeding its projected targets.
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 and is required to be completed prior to final occupancy .
The pre-approved ADU program continues to be offered and is utilizing the resources of the Santa
Clara County Collaborative for support. No grant opportunities have become available for
jurisdictions to utilize.
Attachments Provided with Original Staff Report:
A. Draft Ordinance (clean)
B. Letter from the CA Department of Housing and Community Development dated
April 24, 2025. (Review of Cupertino’s Accessory Dwelling Unit (ADU) Ordinance
under State ADU Law (Gov. Code, §§ 66310 - 66342))
C. Planning Commission Resolution No. 2025-14
D. Draft Ordinance (redline)
Attachments Provided with Supplemental Staff Report:
E. Resident email to City Council, dated July 14, 2025