PC 7-8-2025 Searchable PacketCITY OF CUPERTINO
PLANNING COMMISSION
AGENDA
10350 Torre Avenue, Council Chamber and via Teleconference
Tuesday, July 8, 2025
6:45 PM
IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION
OPTIONS TO OBSERVE: Members of the public wishing to observe the meeting may do
so in one of the following ways:
1) Attend in person at Cupertino Community Hall, 10350 Torre Avenue.
2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV.
3) Watch a live stream online at www.Cupertino.org/youtube and
www.Cupertino.org/webcast
OPTIONS TO PARTICIPATE AND COMMENT: Members of the public wishing to
address the Planning Commission may do so in the following ways:
1) Appear in person at Cupertino Community Hall:
a. During “Oral Communications”, the public may comment on matters not
on the agenda, and for agendized matters, the public may comment during the public
comment period for each agendized item.
b. Speakers are requested to complete a Speaker Card . While completion of
Speaker Cards is voluntary and not required to attend the meeting or provide comments , it
is helpful for the purposes of ensuring that all speakers are called upon.
c. Speakers must wait to be called , then proceed to the lectern/podium and
speak into the microphone when recognized by the Chair.
d. Speakers are limited to three (3) minutes each. However, the Chair may
reduce the speaking time depending on the number of people who wish to speak on an
item. A speaker representing a group of 2 to 5 or more people who are present may have up
to 2 minutes per group member, up to 10 minutes maximum .
e. Please note that due to cyber security concerns, speakers are not allowed to
connect any personal devices at the lectern/podium. However, speakers that wish to share a
document (e.g. presentations, photographs or other documents) during oral comments may
do so in one of the following ways:
At the overhead projector at the podium or
E-mail the document to planning@cupertino.gov by 3:00 p.m. and staff will
Page 1
1
PC 7-8-2025
1 of 44
Planning Commission Agenda July 8, 2025
advance the slides/share the documents during your oral comment.
2) Written communications as follows:
a. E-mail comments to planningcommission@cupertino.gov
b. Regular mail or hand delivered addressed to the: Cupertino Planning
Commission, City Hall, 10300 Torre Avenue, Cupertino, CA 95014
c. Comments addressed to the Planning Commission received by 5:00 p.m. on
the day of the meeting will be included in written communications published and
distributed before the beginning of the meeting.
d. Comments addressed to the Planning Commission received after the 5:00
p.m. deadline, but through the end of the Planning Commission meeting, will be posted to
the City’s website by the end of the following business day.
3) Teleconference in one of the following ways:
a. Online via Zoom on an electronic device (Audio and Video): Speakers
must register in advance by clicking on the link below to access the meeting:
https://cityofcupertino.zoom.us/webinar/register/WN_L29Q7dt8SxS04BJpAyEzwA
Registrants will receive a confirmation email containing information about
joining the webinar.
Speakers will be recognized by the name they use for registration. Once
recognized, speakers must click ‘unmute’ when prompted to speak.
Please read the following instructions about technical compatibility carefully:
One can directly download the teleconference (Zoom) software or connect to the meeting in
their internet browser. If a browser is used, make sure the most current and up-to-date
browser, such as the following, is used: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari
7+. Certain functionality may be disabled in older browsers, including Internet Explorer.
b. By Phone (Audio only): No registration is required in advance and
speakers may join the meeting as follows:
i. Dial 669-900-6833 and enter WEBINAR ID: 892 7032 5877
ii. To “raise hand” to speak: Dial *9; When asked to unmute: Dial *6
iii. Speakers will be recognized to speak by the last four digits of
their phone number.
c. Via an H.323/SIP room system:
i. H.323 Information:
144.195.19.161 (US West)
206.247.11.121 (US East)
Meeting ID: 892 7032 5877
ii. SIP: 89270325877@zoomcrc.com
PLEDGE OF ALLEGIANCE
Page 2
2
PC 7-8-2025
2 of 44
Planning Commission Agenda July 8, 2025
ROLL CALL
APPROVAL OF MINUTES
1.Subject: Approval of the June 24, 2025 Planning Commission Minutes
Recommended Action: Approve the June 24, 2025 Planning Commission Minutes
1 - Draft Minutes
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.
STUDY SESSION
2.Subject: Study Session on a state law mandated update to the Health and Safety
Element. (Application No(s): GPA-2025-001; Applicant(s): City of Cupertino; Location:
citywide)
Recommended Action: That the Planning Commission receive the report and provide
input on the recommended policy areas and/or programs in the Health and Safety
Element.
Staff Report
1 - Memo from Placeworks dated June 24, 2025
PUBLIC HEARINGS
3.Subject: Proposed 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 Planning Commission adopt the draft resolution
recommending that the City Council adopt an ordinance to:
1. Find that the proposed actions are exempt from the California Environmental
Quality Act (CEQA) and CEQA Guidelines; and
2. Amend the following:
a. Chapter 19.08, Definitions, and
b. Chapter 19.112, Accessory Dwelling Units.
Staff Report
1 - Draft Resolution
2 - 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))
Page 3
3
PC 7-8-2025
3 of 44
Planning Commission Agenda July 8, 2025
Effective January 1, 2023, Government Code Section 65103.5 (SB 1214) limits the distribution of
copyrighted material associated with the review of development projects. Members of the public wishing
to view plans that cannot otherwise be distributed under SB 1214 may make an appointment with the
Planning Division to view them at City Hall by sending an email to planning@cupertino.org. Plans
will also be made available digitally during the hearing to consider the proposal.
OLD BUSINESS - None
NEW BUSINESS - None
STAFF AND COMMISSION REPORTS
This portion of the meeting is reserved for staff to provide any updates on matters pertinent to the
Commission and for Commissioners to report on any Commission related activities they have taken part
in since the prior regularly scheduled meeting.
FUTURE AGENDA SETTING
This portion of the meeting is reserved for the Chair or any two Commissioners to propose a future
agenda item within the jurisdiction of the Commission. A proposal to add a future agenda item shall be
brief and without discussion by the Commission.
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
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, Cupertino, California 95014 during normal business hours and in
Planning packet archives linked from the agenda/minutes page on the City web site.
Page 4
4
PC 7-8-2025
4 of 44
Planning Commission Agenda July 8, 2025
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section
2.08.100, written communications sent to the City Council, Commissioners or 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 website and kept in packet archives. Do
not include any personal or private information in written communications to the City that you do not
wish to make public, as written communications are considered public records and will be made
publicly available on the City website.
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 5
5
PC 7-8-2025
5 of 44
CITY OF CUPERTINO
Agenda Item
25-14120 Agenda Date: 7/8/2025
Agenda #: 1.
Subject: Approval of the June 24, 2025 Planning Commission Minutes
Approve the June 24, 2025 Planning Commission Minutes
CITY OF CUPERTINO Printed on 7/3/2025Page 1 of 1
powered by Legistar™6
PC 7-8-2025
6 of 44
DRAFT MINUTES
CUPERTINO PLANNING COMMISSION
Tuesday, June 24, 2025
At 6:45 p.m. Chair Santosh Rao called the Regular Planning Commission meeting to order and
led the Pledge of Allegiance in the Cupertino Community Hall Council Chamber, 10350 Torre
Avenue and via teleconference.
ROLL CALL
Present: Chair Santosh Rao, Vice Chair Tracy Kosolcharoen, and Commissioners David Fung,
Steven Scharf and Seema Lindskog. Absent: None.
APPROVAL OF MINUTES
1. Subject: Approval of the June 10, 2025 Planning Commission Minutes
Recommended Action: Approve the June 10, 2025 Planning Commission Minutes
Chair Rao opened the floor for Commissioner comments.
MOTION: Scharf moved and Rao seconded to approve the June 10, 2025 Planning
Commission Minutes. The motion passed with the following vote: Ayes: Rao,
Kosolcharoen, Fung, Scharf, Lindskog. Noes: None. Abstain: None. Absent: None.
POSTPONEMENTS – None
ORAL COMMUNICATIONS
Gill Doyle spoke representing 29 households that asked the City to deny Tesselation’s
request regarding a revised conditional use permit that would allow Tesselation School to
grow to 425 students.
Rhoda Fry spoke about the proposed purchase of the McClellan Terrace Apartments.
STUDY SESSION
2. Subject: Study Session regarding possible updates to oversized vehicle parking
restrictions in the public right-of-way.
Recommended Action: Recommend that the City Council consider the Planning
Commission’s recommendation to amend Sections 11.24.130 (72-hour parking limit),
Section 11.24.200 (removal of vehicles), Section 11.28.010 (definition of oversized
7
PC 7-8-2025
7 of 44
vehicles), and Section 11.28.020 (vehicle parking regulations) of the Municipal Code, to
enhance the current prohibition on parking oversized vehicles for more than seventy-two
(72) hours on any public street.
Chair Rao opened the floor to Ex Parte disclosures. Chair Rao and Vice Chair
Kosolcharoen made an Ex Parte Disclosure.
Planning Manager Ghosh introduced City Attorney Andrews.
City Attorney Andrews gave a presentation.
Commissioners asked questions which City Attorney Andrews, staff, and Public Works
Director Mosley responded to.
Chair Rao opened the public comment period and the following people spoke:
• Brooke Fizzet
• Jean Bedord
• Peggy Griffin
• Gopal
• Dave McLeroy
Chair Rao closed the public comment period.
Commissioners continued their discussion.
MOTION: Rao moved and Kolsolcharoen seconded to recommend to the City Council to:
Allow an annual permit that is free for residents, which allows them to park for 72 hours
in the right of way, after which the oversized vehicle needs to be moved a distance of
1,500 feet, with a 3 hour daytime and 1 hour evening time grace period. In addition, to
allow for a nonresident permit that is issued a maximum of 5 times a year that expires
after 72 hours. Lastly, to add additional signage in problem areas such as Bandley, Alves
etc., and prohibit oversized vehicle parking within 1,500 feet of a commercial district.
The motion passed with the following vote: Ayes: Rao, Kosolcharoen, Scharf, Lindskog.
Noes: Fung. Abstain: None. Absent: None.
PUBLIC HEARINGS – None
NEW BUSINESS – None
8
PC 7-8-2025
8 of 44
STAFF AND COMMISSION REPORTS – None
FUTURE AGENDA SETTING – None
ADJOURNMENT
At 9:14 p.m. Chair Rao adjourned the Regular Planning Commission Meeting.
Minutes prepared by:
Lindsay Nelson, Administrative Assistant
9
PC 7-8-2025
9 of 44
CITY OF CUPERTINO
Agenda Item
25-14119 Agenda Date: 7/8/2025
Agenda #: 2.
Subject: Study Session on a state law mandated update to the Health and Safety Element.
(Application No(s): GPA-2025-001; Applicant(s): City of Cupertino; Location: citywide)
That the Planning Commission receive the report and provide input on the recommended policy
areas and/or programs in the Health and Safety Element.
CITY OF CUPERTINO Printed on 7/3/2025Page 1 of 1
powered by Legistar™10
PC 7-8-2025
10 of 44
PLANNING COMMISSION STAFF REPORT
Meeting: July 8, 2025
Subject
Study Session on a state law mandated update to the Health and Safety Element.
(Application No(s): GPA-2025-001; Applicant(s): City of Cupertino; Location: citywide)
Recommended Action
That the Planning Commission receive the report and provide input on the recommended
policy areas and/or programs in the Health and Safety Element.
Discussion
Background:
State law requires cities to initiate an update to the Safety Element (called the Health and
Safety Element in the Cupertino General Plan) concurrently with an update to their
Housing Element. While the process was initiated at the same time as the update to the
2023-2021 Housing Element update, the timeline for update of the Health and Safety
Element has slipped for a variety of reasons, including, due to staff vacancies.
Analysis:
The City contracted with Placeworks, a planning consultancy firm, to assist with the
preparation of the statutorily required updates to the Health and Safety Element.
Placeworks staff has prepared a memo which outlines the topic areas for input from the
Planning Commission to incorporate into a public draft of the Health and Safety Element.
(See Attachment 1) This information will also be presented to the Public Safety
Commission for its input at its regular meeting on July 10, 2025.
It is anticipated that a draft Health and Safety Element will be presented for consideration
in late fall 2025.
Environmental Impacts
There are no environmental impacts from conducting this study session on a statutorily
required update to the City’s Health and Safety Element.
11
PC 7-8-2025
11 of 44
Next Steps
The Planning Commission and public’s input will be considered in drafting the Health
and Safety Element, which will be presented for adoption by the Planning Commission
and City Council later this year.
_____________________________________
Prepared by: Piu Ghosh, Planning Manager
Reviewed and Approved for Submission by: Luke Connolly, Acting Director of
Community Development
Attachments:
1. Memo from Placeworks dated June 24, 2025
12
PC 7-8-2025
12 of 44
MEMORANDUM
DATE June 24, 2025
TO Luke Connolly, Assistant Director of Community Development
Piu Ghosh, Planning Manager
FROM Tammy L. Seale, PlaceWorks, Principal
Jacqueline Protsman Rohr, PlaceWorks, Project Manager
Miles Barker, PlaceWorks, Associate
SUBJECT City of Cupertino Health and Safety Element Update - Policy Concepts Memo
Introduction
The Safety Element is one of the State mandated elements of a General Plan focusing on natural and human
caused hazards and the risks they cause to the community. The State requires cities to update Safety
Elements upon the revision of the Housing Element or Local Hazard Mitigation Plan, both of which were
adopted in 2024. The goal of the Safety Element is to protect the community, including residents,
businesses, infrastructure, and the environment, from natural disasters and other hazards by establishing
goals and policies that address potential hazards, evacuation, and emergency preparedness. This Health
and Safety Element Update includes revised background content, updated mapping of hazards, updated
policies and strategies to meet State law, a climate change vulnerability assessment, new adaptation and
resilience policies and strategies, and an evacuation-constrained residential parcel analysis.
This memorandum provides an overview of the California Government Code requirements for General Plan
Safety Elements, how the Cupertino Health and Safety Element will meet these requirements, and policy
concepts for your consideration.
Regulatory Framework
UPDATES TO SAFETY ELEMENT STATE LAW SINCE 2015
Since the previous Health and Safety Element was adopted in 2014, several new laws have come into effect.
These include:
• Senate Bill 1241: Expands requirements related to flood and wildfire hazards by mandating the
identification of responsible agencies and enhancing coordination efforts. It also emphasizes
minimizing risks to new development and essential facilities from wildfire and flooding.
13
PC 7-8-2025
13 of 44
• Senate Bill 379: Requires the integration of climate change adaptation and resilience into the Safety
Element, including preparation of a vulnerability assessment and the development of goals,
policies, and implementation actions to improve community resilience.
• Senate Bill 2140: Allows for the incorporation of the Local Hazard Mitigation Plan into the Safety
Element, which can increase eligibility for State and federal disaster relief funding.
• Senate Bill 99: Requires identification of residential parcels in hazard zones with less than two
ingress/egress routes.
• Assembly Bill 747/1409: Requires the identification of evacuation route capacity, safety, and
viability and evacuation locations under a range of hazard scenarios.
UPDATING THE SAFETY ELEMENT TO MEET STATE LAW REQUIREMENTS
The California Government Code requires all local jurisdictions to update their Safety Element upon each
revision of the Housing Element or Local Hazard Mitigation Plan. This update ensures that the Health and
Safety Element meets current State law requirements and contains important components, such as climate
change adaptation and evacuation. The following sections of the Government Code require updates to the
existing Health and Safety Element to ensure continued consistency with regulatory requirements:
• Section 65302(g)(2) – Flood Hazards (SB 1241): The existing Health and Safety Element includes
limited flood-related policies. The update will revise and expand these policies, add new ones, and
include updated background information, such as recent flood mapping, past flooding events,
flood control agency roles, and vulnerable critical infrastructure. The Health and Safety Element
will also address flood resilience strategies for both existing and future development in flood-
prone areas.
• Section 65302(g)(3) – Fire Hazards (SB 1241): The existing Health and Safety Element has some
limited information about fire risk in Cupertino. The updated Health and Safety Element will
include revised mapping (including new Fire Hazard Severity Zone Local Responsibility Area and
State Responsibility Area maps), current wildfire conditions, responsible agencies, and policies to
protect new development and essential facilities from fire hazards.
• Section 65302(g)(4) – Climate Change Adaptation (SB 379): The updated Health and Safety
Element will incorporate a climate change vulnerability assessment, using the City’s existing
assessments and related documents. New goals, policies, and strategies focused on adaptation
will also be added to address climate change adaptation and resilience based on the findings of
the climate change vulnerability assessment.
• Section 65302(g)(5) – Evacuation Constraints (SB 99): The updated Element will identify residential
parcels in hazard-prone areas that lack two or more emergency egress routes. The Health and
Safety Element will include policies and strategies will be prepared to respond to the results of this
mapping effort.
• Section 65302(g)(15) – Evacuation Routes and Scenarios (AB 747): The updated Health and Safety
Element will include the identification of evacuation routes and locations capacity, safety, and
viability under a range of scenarios. The City will conduct an evacuation analysis, which will identify
14
PC 7-8-2025
14 of 44
evacuation routes and locations, and information about their performance under different
emergency scenarios.
Policy Concepts
The following policy concepts are divided into the topics of the Health and Safety Element, including:
• Emergency preparedness and response
• Fire hazards
• Hazardous waste and materials
• Seismic and geologic hazards
• Flood and inundation hazards
• Climate change resilience
The policy concepts are based on the finding from the Vulnerability Assessment, findings from the
evacuation-constrained residential parcels mapping, State requirements and guidance, and mitigation
actions from the County’s Multi-Jurisdictional Hazard Mitigation Plan, including Cupertino’s Annex. These
concepts will inform preparation of updated goals, policies, and actions in the Element. Policy concepts
with an asterisk (*) directly relate to new development, redevelopment, or existing development.
EMERGENCY PREPAREDNESS AND RESPONSE
Existing
• Coordinate with regional and local agencies on regional hazard mitigation planning, monitoring,
and budgeting.
• Protect Cupertino from sea level rise through monitoring sea levels and updating flood insurance
rate maps.
• Continue crime prevention through awareness programs and building and site design.
Updated
• Continue to provide emergency communications, notices, and hazard
preparation/response/recovery materials, in multiple languages and formats appropriate for
people with access and functional needs.
Gaps and New Policy Concepts
• *Ensure new development and redevelopment comply with the most current version of the
California Building Standards Code and local ordinances.
• *Require new development to have at least two ingress and egress routes and explore secondary
means of access in evacuation constrained residential areas.
• *Require hillside development to provide and maintain adequate emergency access.
• Ensure adequate evacuation through maintaining potential evacuation routes and increased public
awareness.
• Ensure adequate response times for emergency services.
15
PC 7-8-2025
15 of 44
• Integrate the current County Multi-Jurisdiction Hazard Mitigation Plan by reference into the Health
and Safety Element.
• Maintain inter-jurisdictional cooperation and coordination with agencies.
• Work with Santa Clara County to provide alerts about emergency situations through early-warning
and notification systems in multiple languages and formats.
• Work with local agencies, volunteer groups, and community-based organizations to provide
resources and educational programs to help residents respond to hazardous events.
FIRE HAZARDS
Existing
• *Discourage the use of private security gates that act as a barrier to emergency response.
Updated
• *Require new development in High and Very High Fire Zones to comply with the California State
Minimum Fire Safe Regulations and other State laws for ignition-resistant materials, defensible
space, ingress and egress, emergency access, water supply for fire-flow, and fire protection plans.
• *Coordinate long term water supply for firefighting through water extension letters for new
development and working with water providers.
• *Require existing public and private roadways to comply with current fire safety regulations.
• Involve Santa Clara County Fire Department early in development projects to ensure modifications
as needed.
Gaps and New Policy Concepts
• *Avoid new residential development in high fire risk areas.
• Maintain adequate fire protection and enhance fire service capabilities through proactive
maintenance of fire equipment, development review processes, and training fire personnel.
• Prioritize vegetation management and fire risk reduction along roadways and in open space areas.
• Develop plans for rebuilding and redevelopment after a major fire that incorporate site
remediation, fire-wise design, and reduced future vulnerabilities.
• Offer educational materials, rebates, and incentives for property owners to retrofit their buildings
and properties to improve fire safety.
HAZARDOUS WASTE AND MATERIALS
Existing
• Coordinate enforcement of standards for containment, handling, and disposal of hazardous
materials in accordance with regulatory requirements to prevent spills, leaks, or illegal dumping.
• Provide educational resources to residents about the local sources of hazardous waste and
materials in the community.
• Support efforts to reduce the level of risk from toxic and hazardous materials in Cupertino through
regulations and educational efforts.
16
PC 7-8-2025
16 of 44
Updated
• *Require environmental site assessments and mitigation for development near hazardous waste
and materials sites.
Gaps and New Policy Concepts
• Continue to require radiofrequency studies for wireless developments and address public concerns
about radiofrequency exposure and transparency.
SEISMIC AND GEOLOGIC HAZARDS
Existing
• *Require geologic and seismic hazard assessments for development in mapped fault, landslide, and
liquefaction zones.
• Increase public awareness of seismic and geologic risks and preparedness.
• Encourage retrofits to existing buildings that improve resiliency to geologic and seismic hazards.
• Maintain and share up-to-date seismic and geologic hazard data.
Updated
None
Gaps and New Policy Concepts
• *Limit hillside grading on steep slopes to minimize landslide and erosion risks.
FLOOD AND INUNDATION HAZARDS
Existing
• Coordinate dam-related evacuation plans and notification systems and ensure that Cupertino is
prepared to respond to a potential dam failure.
• Maintain the structural and operational integrity of essential public facilities and services during
flooding.
Updated
• *Allow existing non-residential uses in floodplains.
• *Limit new development in 100-year floodplains and regulatory floodways and encourage open
space/recreation uses in these areas.
Gaps and New Policy Concepts
• Maintain effective stormwater drainage systems through site design, infrastructure design, and
retrofit existing systems.
17
PC 7-8-2025
17 of 44
CLIMATE CHANGE RESILIENCE
Existing
None
Updated
None
Gaps and New Policy Concepts
• *Work with property owners and new developments to enhance shading through the installation
of shade structures and green infrastructure in public and private spaces.
• *Encourage new developments and existing property owners to incorporate sustainable features
into their facilities, landscapes, and structures.
• Integrate extreme heat as a significant hazard of concern into emergency preparedness and
response.
• Work with water providers to implement water conservation measures.
• Increase the resiliency of City-owned structures to severe weather events.
• Establish community resilience centers communitywide, outside of hazard zones, ensuring
adequate transit services to these facilities.
• Use green infrastructure and nature-based solutions, wherever feasible, to absorb the impacts of
hazards.
18
PC 7-8-2025
18 of 44
CITY OF CUPERTINO
Agenda Item
25-14123 Agenda Date: 7/8/2025
Agenda #: 3.
Subject: Proposed 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)
That the Planning Commission adopt the draft resolution recommending that the City Council adopt an ordinance to:
1. Find that the proposed actions are exempt from the California Environmental Quality Act (CEQA) and CEQA
Guidelines; and
2. Amend the following:
a. Chapter 19.08, Definitions, and
b. Chapter 19.112, Accessory Dwelling Units.
CITY OF CUPERTINO Printed on 7/3/2025Page 1 of 1
powered by Legistar™19
PC 7-8-2025
19 of 44
PLANNING COMMISSION STAFF REPORT
Meeting: July 8, 2025
SUBJECT
Proposed 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 Planning Commission adopt the draft resolution (Attachment 1) recommending
that the City Council adopt an ordinance to:
1. Find that the proposed actions are exempt from the California Environmental
Quality Act (CEQA) and CEQA Guidelines; and
2. Amend the following:
a. Chapter 19.08, Definitions, and
b. Chapter 19.112, Accessory Dwelling Units.
DISCUSSION
Background
The City of Cupertino, in accordance with Government Code section 66326, subdivision
(a)1, submitted Accessory Dwelling Unit (ADU) Ordinance No. 23-2254 (Ordinance),
adopted February 23, 2024, to the California Department of Housing and Community
Development (HCD) on February 29, 2024. HCD reviewed the Ordinance and
summarized their written findings in a letter dated April 24, 2025 (Attachment 2). HCD
identified some areas where it believed the City’s code needs to be updated. Upon review
it was found that many of HCD’s conclusions in finding the City’s Municipal Code
different from state law were because the requirements were not in effect or adopted by
the state when the City last amended its ordinance.
1 A local agency shall submit a copy of the ordinance adopted pursuant to Section 66314 to the
Department of Housing and Community Development within 60 days after adoption.
20
PC 7-8-2025
20 of 44
Pursuant to Government Code section 66326, subdivision (b)(1), the City provided a
written response to HCD’s findings on May 19, 2025. In the letter, the City stated its intent
to comply with all the provisions of State Law as it relates to Accessory Dwelling Units.
The City informed HCD about its intent to amend the Municipal Code by September 30,
2025, to address items listed in HCD’s letter to the City as it relates to California
Government Code Sections 66310 – 66342.
Analysis
HCD’s letter to the City included findings of non-compliance with current State laws as
they relate to ADUs. These include conflicts with recently adopted State laws, statutory
numbering, and conformance with various standards as it relates to California
Government Code Sections 66310 – 66342.
1. Senate Bill (SB) 1211 & Assembly Bill (AB) 2533
Both State bills went into effect January 1, 2025, and were not in effect when the City
last updated its ordinance and submitted it for HCD’s review in February 2024. The
City recognizes the need to update the ADU ordinance to reflect these new
requirements. The following sections of Chapter 19.112 Accessory Dwelling Units were
revised to address the passage of SB 1211 and AB 2533:
a. SB 1211: Table 19.112.030B Site Development Regulations for Streamlined Accessory
Dwelling Units Associated with Existing Multi‐Family Residential Uses is modified to
allow up to eight (8) detached units on existing multi-family lots. However, the
number of ADUs allowable pursuant to this clause shall not exceed the number of
existing units on the lot. On a lot with a proposed multifamily dwelling, not more
than two detached ADUs.
b. AB2533: Section 19.112.050 Review Process was updated to reflect changes in the
Government Code related to the permit review thresholds for applications
received by the City for unpermitted ADUs and JADUs, particularly those
constructed prior to January 1, 2020, and setting additional restrictions for the
City’s review of ADU and JADU applications. For example, the City may not
require correction of non-conforming zoning violations (as defined by state law)
in conjunction with the approval of a permit for either an ADU or a JADU and
may not require the correction of building standard violations or unpermitted
structures which are not a threat to public health and safety or are not affected by
the construction of a JADU, in conjunction with the approval of a permit for a
JADU.
21
PC 7-8-2025
21 of 44
2. Updated References to Government Code Sections and other minor corrections/clarifications
Government Code Sections related to ADUs were updated by the state on March 25,
2024, after the City had last amended its ordinance and submitted it for HCD’s review.
All Government Code Section references in Chapters 19.08 and 19.112 have been
updated.
In addition, minor grammatical errors and language from the Government Code have
been added to the City’s ordinance – including a requirement that an ADU cannot
receive a certificate of occupancy before any principal unit on the property. Finally,
an Enforcement section (Section 19.112.070) has been added to reference new
requirements of state law which allow applicants to request deferral of enforcement
of building code standards in some cases.
3. Multi‐Family ADU Development
These standards apply to ADUs proposed on multifamily properties, whether
existing or proposed.
a. Applicable standards: State law defines two or more existing or proposed attached
primary dwellings on the same lot, such as duplexes, as multifamily dwellings.
However, in the City’s Municipal Code, duplexes were treated in the same manner
as single-family homes in Table 19.112.030A Site Development Regulations for
Streamlined Accessory Dwelling Units and Junior Accessory Dwelling Units Associated
with Single‐Family Residential Uses since the City allowed a different mix of ADUs
than allowed under state law at the time the City’s ordinance was adopted in
February 2024. However, because state law has been amended since then,
references to “Duplexes” in Table 19.112.030A Site Development Regulations for
Streamlined Accessory Dwelling Units and Junior Accessory Dwelling Units Associated
with Single‐Family Residential Uses have been removed. Therefore, ADUs proposed
on all properties with existing and proposed duplexes will be subject to the multi-
family standards of CMC 19.112.
b. Size of ADUs on multi-family properties: In addition to the changes to Table
19.112.030B as they relate to SB 1211, ADUs on multifamily properties are subject
to the standards specifically outlined in Government Code section 66323(a)(1)-(4).
Additionally, Government Code section 66323, subdivision (b) states, “A local
agency shall not impose any objective development or design standard that is not
authorized by this section upon any accessory dwelling unit that meets the
requirements of any of paragraphs (1) to (4), inclusive, of subdivision (a).” Since
Government Code section 66323(a)(1) through (4) do not identify a limit on ADU
size, HCD has identified that the City’s Municipal Code conflicts with state law.
22
PC 7-8-2025
22 of 44
As a result, the limit of 1,200 square feet for detached ADUs for multi-family
developments has been removed.
4. Non‐Streamlined ADUs
Non-streamlined ADUs are defined as ADUs, whether attached and detached to a
single-family residence, that are over 800 square feet. HCD identified changes to 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 the following
to address the following:
a. Parking
State law includes a new requirement that if an applicant submits an ADU for
property in conjunction with a new single-family home, the City may not require
parking if the site or the ADU satisfies the other criteria listed in Table
19.112.040(F)(1). This has been added to Table 19.112.040.
b. Structure Design
Section 19.112.040(I) currently requires that the ADU “structure design” “Should
be compatible with the architectural style and materials of the principal structure.”
HCD states that this language is not objective and, therefore, should be amended.
Table 19.112.040(I) has been modified to require the design of large, non-
streamlined ADUs to match the architectural style and materials of the primary
unit and those that are in certain architecturally sensitive areas of town identified
below to match the architectural style identified in the policy documents for these
areas:
• Planned Development (P)
• Eichler (R1-e)
• Monta Vista Design Guidelines
• Residential Hillside (RHS)
The changes listed above have been identified with strikethroughs and underlines (as
appropriate) in the draft Planning Commission Resolution (Attachment 1).
ENVIRONMENTAL ASSESMENT
This Ordinance is not a project under the requirements of the California Quality Act of
1970, together with related State CEQA Guidelines (collectively, “CEQA”) because it has
no potential for resulting in physical change in the environment, either directly or
ultimately. In the event that this Ordinance is found to be a project under CEQA, it is
subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3)
23
PC 7-8-2025
23 of 44
because it can be seen with certainty to have no possibility of a significant effect on the
environment. CEQA applies only to projects which have the potential of causing a
significant effect on the environment. Where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment,
the activity is not subject to CEQA. In this circumstance, the amendments to the City
Code would have no or only a de minimis impact on the environment. The foregoing
determination is made by the City Council in its independent judgment.
PUBLIC NOTICING & OUTREACH
The following noticing has been conducted for this project:
Notice of Public Hearing, Site
Notice & Legal Ad
Agenda
Legal ad placed in newspaper
(at least 10 days prior to hearing)
Display ad placed in newspaper
(at least 10 days prior to hearing)
Posted on the City's official notice
bulletin board (five days prior to hearing)
Posted on the City of Cupertino’s Web
site (five days prior to hearing)
PUBLIC COMMENTS
No comments have been received.
NEXT STEPS
The recommendations made by the Planning Commission will be forwarded to the City
Council for consideration at the September 3, 2025, meeting.
Prepared by: Gian Paolo Martire, Senior Planner
Reviewed by: Piu Ghosh, Planning Manager
Approved by: Luke Connolly, Assistant Director of Community Development
ATTACHMENTS
1. Draft Resolution
2. 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))
24
PC 7-8-2025
24 of 44
DRAFT RESOLUTION NO. 2025-XX
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CUPERTINO RECOMMENDING
THAT THE CITY COUNCIL ADOPT AN ORDINANCE TO AMEND
MUNICIPAL CODE CHAPTER 19.08, AND CHAPTER 19.112
REGARDING ACCESSORY DWELLING UNIT (ADU) LAWS
The Planning Commission recommends that the City Council:
1. Determine that Project is exempt under the requirements of the California Quality
Act of 1970, together with related State CEQA Guidelines (collectively, “CEQA”)
because it has no potential for resulting in physical change in the environment, either
directly or ultimately. In the event that this Ordinance is found to be a project under
CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section
15061(b)(3) because it can be seen with certainty to have no possibility of a significant
effect on the environment. CEQA applies only to projects which have the potential
of causing a significant effect on the environment. Where it can be seen with certainty
that there is no possibility that the activity in question may have a significant effect
on the environment, the activity is not subject to CEQA. In this circumstance, the
amendments to the City Code would have no or only a de minimis impact on the
environment. The foregoing determination is made by the City Council in its
independent judgment. The proposed ordinance is further exempt from the
California Environmental Quality Act (“CEQA”) under Public Resources Code
section 21080.17, which provides a statutory CEQA exemption to ADU ordinances
adopted to implement Government Code Sec. 65852.2.
2. Adopt the proposed amendments to the Municipal Code as indicated in Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of
Cupertino this 8th day of July, 2025, by the following roll call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
25
PC 7-8-2025
25 of 44
ATTEST: APPROVED:
Piu Ghosh Santosh Rao
Planning Manager Chair, Planning Commission
26
PC 7-8-2025
26 of 44
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF CUPERTINO AMENDING
MUNICIPAL CODE CHAPTER 19.08, AND CHAPTER 19.112 REGARDING
ACCESSORY DWELLING UNIT (ADU) LAWS
The City Council of the City of Cupertino finds that:
1. State Law changes have rendered the City’s Accessory Dwelling Unit ordinance (CMC
19.112) obsolete and unenforceable.
2. The City Council of the City of Cupertino held a duly noticed public hearing on
September 3, 2025, and after considering all testimony and written materials provided
in connection with that hearing introduced this ordinance and waived the reading
thereof.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES
ORDAIN AS FOLLOWS:
SECTION 1. Adoption.
The Cupertino Municipal Code is further amended as set forth in Attachment A.
SECTION 2: Severability and Continuity.
The City Council declares that each section, sub‐section, paragraph, sub‐paragraph,
sentence, clause and phrase of this ordinance is severable and independent of every other
section, sub‐section, paragraph, sub‐paragraph, sentence, clause and phrase of this
ordinance. If any section, sub‐section, paragraph, sub‐paragraph, sentence, clause or
phrase of this ordinance is held invalid, or its application to any person or circumstance,
be determined by a court of competent jurisdiction to be unlawful, unenforceable or
otherwise void, the City Council declares that it would have adopted the remaining
provisions of this ordinance irrespective of such portion, and further declares its express
intent that the remaining portions of this ordinance should remain in effect after the
invalid portion has been eliminated. To the extent the provisions of this Ordinance are
substantially the same as previous provisions of the Cupertino Municipal Code, these
provisions shall be construed as continuations of those provisions and not as an
amendment to or readoption of the earlier provisions.
27
PC 7-8-2025
27 of 44
SECTION 3: California Environmental Quality Act.
Determine that Project is exempt under the requirements of the California Environmental
Quality Act (CEQA) of 1970, and CEQA Guidelines (collectively, “CEQA”) subject to the
CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen
with certainty to have no possibility of a significant effect on the environment. CEQA
applies only to projects which have the potential of causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that the activity
in question may have a significant effect on the environment, the activity is not subject to
CEQA. In this circumstance, the amendments to the City Code would have no or only a de
minimis impact on the environment. The foregoing determination is made by the City
Council in its independent judgment. The proposed ordinance is further exempt from the
California Environmental Quality Act (“CEQA”) under Public Resources Code section
21080.17, which provides a statutory CEQA exemption to ADU ordinances adopted to
implement Government Code Sec. 65852.2.
SECTION 4: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by Government
Code Section 36937.
SECTION 5: Publication.
The City Clerk shall give notice of adoption of this Ordinance as required by law.
Pursuant to Government Code Section 36933, a summary of this Ordinance may be
prepared by the City Clerk and published in lieu of publication of the entire text. The
City Clerk shall post in the office of the City Clerk a certified copy of the full text of the
Ordinance listing the names of the City Council members voting for and against the
ordinance.
INTRODUCED at a regular meeting of the Cupertino City Council on
September 2, 2025 and ENACTED at a regular meeting of the Cupertino City Council
on September 16, 2025 by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
28
PC 7-8-2025
28 of 44
SIGNED:
Liang Chao, Mayor
City of Cupertino
Date
ATTEST:
Kirsten Squarcia, City Clerk
Date
APPROVED AS TO FORM:
Floy Andrews, City Attorney
Date
29
PC 7-8-2025
29 of 44
ATTACHMENT A
The sections of the Cupertino Municipal Code set forth below are amended or adopted as follows:
Text added to existing provisions is shown in bold double‐underlined text (example) and text to be
deleted in shown in strikethrough (example). Text in existing provisions is not amended or readopted
by this Ordinance. Text in italics is explanatory and is not an amendment to the Code.
Where the explanatory text indicates that a new section is being added to the City Code, the new section
is shown in plain text.
1. Amendments to Title 19 concerning Accessory Dwelling Units
Chapter 19.08: Definitions
“Accessory dwelling unit” or “ADU” 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 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” or “JADU” 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 66333.
Chapter 19.112: Accessory Dwelling Units
19.112.010 Purpose; Incorporation by Reference; Consistency with State Law.
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
residential, and mixed‐use zoning districts in a manner which minimizes adverse
impacts of accessory dwelling units on neighborhoods. Unless otherwise defined in
this Title, all terms used in this Chapter shall be defined and interpreted in
accordance with Government Code Sections 66310 ‐ 66342 65852.2 and 65852.22. In the
event of a conflict between this Chapter and the requirements of State law, the
30
PC 7-8-2025
30 of 44
requirements of State law, including the requirements of Government Code Sections
66310 ‐ 66342 65852.2 and 65852.22, shall prevail.
19.112.020 Accessory Dwelling Unit Regulations.
Notwithstanding any provision of this title to the contrary:
A. 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 allowable density on the lot.
B. Accessory dwelling units, except those pursuant to Government Code Section
66323, 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.
C. No impact fees, as defined in Government Code Section 66324(c)(2)
65852.2(f)(3)(B), 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 imposed on accessory dwelling units greater than or equal to 750 feet shall be
charged proportionally in relation to the square footage of the primary dwelling
unit in compliance with Government Code Section 66324(c)(1). 65852.2(f)(3)(A).
D. 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 66340 – 66342 65852.26. Any accessory dwelling unit,
including a Junior Accessory Dwelling Unit (JADU), shall not be used as a short‐
term rental as a rental for a term less than 30 days.
E. 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.
31
PC 7-8-2025
31 of 44
F. A local agency shall not issue a certificate of occupancy for an accessory dwelling
unit before the local agency issues a certificate of occupancy for the primary
dwelling.
19.112.030 Site Development Regulations for Streamlined Accessory Dwelling
Units & Junior Accessory Dwelling Units.
Pursuant to California Government Code Section 66323,65852.2(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 residential uses and
B. Table 19.112.030B for multi‐family residential uses.
Table 19.112.030A: Site Development Regulations for Streamlined Accessory
Dwelling Units and Junior Accessory Dwelling Units Associated with Single-Family
Residential Uses and Duplexes
Conversion of space within principal
dwelling unit or accessory structures
New Construction Attached or
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:
• 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.
800 s.f.
2. Number of
Units
Maximum three ADUs per single‐family residential lot, and maximum two
ADUs per duplex lot, in any combination of the following:
• Attached ADU,
• Conversion of existing space ADU (whether in principal dwelling unit or
existing accessory structure),
• Detached ADU, or
• Junior ADU
32
PC 7-8-2025
32 of 44
Conversion of space within principal
dwelling unit or accessory structures
New Construction Attached or
Detached Accessory Dwelling
Unit ≤ 800 s.f.
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
standards for accessory
structures in Chapter 19.100.
4. Height The conversion shall not change the
height of the existing structure.
a. 18 feet for detached ADU
b. If accessory dwelling unit is
attached to principal dwelling, 25
feet or the height limitations
applicable to the principal
dwelling, whichever is lower.1
c. An applicant alternatively may
elect to follow the 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 portion of the
principal dwelling unit.
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.
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
1. An additional two feet in height is permitted to accommodate a roof pitch on the accessory dwelling
unit that is aligned with the roof pitch of the primary dwelling unit.
33
PC 7-8-2025
33 of 44
Table 19.112.030B: Site Development Regulations for Streamlined Accessory
Dwelling Units Associated with Existing Multi-Family Residential Uses
Conversion 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. Maximum
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
a. On a lot with an existing multi‐
family dwelling, the lesser of:
• Eight accessory dwelling
units and
• the number of existing multi‐
family units on the lot.
b. On a lot with a proposed
multifamily dwelling, not more
than two detached ADUs.
3. Minimum Size 150 s.f.
4. Maximum Size No size limitation 1,200 s.f.
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. 18 feet
b. An applicant alternatively may
elect to follow the setback and
height standards for accessory
structures in Chapter 19.100.
7. Separation from
principal
dwelling units
The conversion must result in an
independent unit. No interior doors or
other connections between the units are
permitted.
Detached from principal dwelling
units.
34
PC 7-8-2025
34 of 44
19.112.040 Site Development Regulations for Non-Streamlined Accessory Dwelling
Units.
A. This section shall govern applications for ADUs and JADUs that do not qualify for
approval under Section 19.112.030 or Government Code section 65852.2(e)(1) 66323
and for which the city may impose local standards pursuant to Government Code
section 65852.2 66314 ‐ 66322, subdivisions (a) through (d). . Nothing in this section
shall be interpreted to prohibit an ADU of up to 800 square feet, at the heights
stated in Section 19.112.030(A) and 19.112.030(B), with a four‐foot side and rear
setbacks.
B. The Development Standards for units governed by this section are provided in
Section 19.112.040. These regulations do not limit the height of existing
structures converted into ADU/JADUs unless the envelope of the building is
proposed to be modified beyond any existing legal, non‐conforming condition.
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 > 800 s.f. Detached > 800 s.f.
A. Number of
Units
1. A maximum of three ADUs per single‐family lot in any
combination of the following, subject to the underlying zoning
standards for lot coverage, floor area, open space, and setback:
• No more than one attached ADU
• No more than one conversion of existing space ADU (whether
in principal dwelling unit or existing accessory structure),
• No more than one detached ADU, or
• No more than one Junior ADU
2. Nothing in this Section shall permit the development of more than
three ADUs or Junior ADUs on any single‐family lot. Non‐
streamlined ADU provisions cannot be combined with streamlined
provisions to add more than a total of three ADUs.
B. Size of living space, exclusive of decks
1. Minimum size 150 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 l Lot coverage, floor area, and open space standards
per the underlying zoning apply to ADUs greater than 800 s.f. See
35
PC 7-8-2025
35 of 44
Table 19.112.030 A for requirements related to ADUs less than or
equal to 800 s.f.
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. is 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, except 25 feet or the
height limitations applicable
to the principal dwelling,
whichever is lower, within
half a mile of a major transit
stop or transit corridor.
25 feet or the height
limitations applicable to the
principal dwelling,
whichever is lower.
The proposed structure must
comply with the height standards
for accessory structures in Chapter
19.100, except that a maximum
height of 18 feet is allowed within
half a mile of a major transit stop
or transit corridor.
E. Second‐story
accessory
dwelling units
Allowed within one half mile of a major transit stop or transit
corridor.
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, and none if unless the
accessory dwelling unit meets one of the following requirements:
36
PC 7-8-2025
36 of 44
a. Located within one‐half (1/2) mile of a public transit stop; or
b. Located within one block of a car share vehicle pick‐up location; or
c. Located in an architecturally and historically significant
historic district; or
d. The occupant of the unit is not allowed/offered a required on‐
street parking permit; or
e. Is part of the proposed or existing primary residence or an
accessory structure.
f. When a permit application for an accessory dwelling unit is
submitted with a permit application to create a new single‐family
dwelling on the same lot provided that the accessory dwelling unit
or the parcel satisfies any other criteria listed above.
2. Replacement
parking spaces for
Demolition or
conversion of
existing covered,
uncovered or
enclosed parking
spaces for an ADU
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 a. Should Shall be compatible with the architectural style and
materials of the principal structure.
b. Shall meet the design standards when located within any one of
the following zoning districts:
• Planned Development (P)
• Eichler (R1‐e)
• Monta Vista Design Guidelines
• Residential Hillside (RHS)
J. Separation from
principal dwelling
unit
The ADU must be an
independent unit. No interior
doors or other connections
between the ADU and the
Detached from principal dwelling unit.
37
PC 7-8-2025
37 of 44
principal dwelling unit are
permitted.
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.
19.112.50 Review Process.
A. Applications for accessory dwelling units conforming to the requirements of this
chapter shall be reviewed ministerially without discretionary review and must be
approved or denied within the time frame specified in Government Code Section
65852.266317.
B. Nonconforming zoning conditions, building code violations or unpermitted
structures:
1. The correction of nonconforming zoning conditions (as defined in Government
Code Section 66313) shall not be required as a condition of approval of a permit
for the creation of an ADU or a JADU.
2. A permit for an ADU or a JADU will not be denied due to the correction of
nonconforming zoning conditions, building code violations, or unpermitted
structures that do not present a threat to public health and safety and that are not
affected by the construction of the ADU or JADU.
C. Unpermitted ADU or JADU:
1. Any ADU created within the City shall comply with all applicable provisions of
the Municipal Code and state law, and must obtain a building permit confirming
compliance with all requirements, except that:
a. A permit to legalize an unpermitted ADU or JADU that was constructed before
January 1, 2020 may not be denied, if denial is based on either of the following
grounds:
i. The ADU or JADU violates applicable building standards, or
ii. The ADU or JADU does not comply with state ADU or JADU law
(Government Code Section 66313‐66339) or this chapter.
b. Notwithstanding the above, a permit to legalize an unpermitted ADU or JADU
that was constructed before January 1, 2020 may be denied, if the City makes a
finding that correcting violations of applicable building standards, state
ADU/JADU law, and/or this municipal code, is necessary to comply with the
standards specified in California Health and Safety Code section 17920.3.
c. Notwithstanding subsection (a) or (b) above, a building that is deemed to be
substandard in accordance with California Health and Safety Code Section
17920.3 shall not be permitted.
38
PC 7-8-2025
38 of 44
19.112.060 Accessory Dwelling Units Prohibited on Certain Lots.
Notwithstanding Government Code Section 65852.2 or 65852.22 66313 ‐ 66339 or any
provision of this Chapter, no accessory dwelling unit or a junior accessory dwelling unit
shall be permitted on any lot in single‐family residence district (R‐1 or RHS) if a lot split
has been approved pursuant to Section 18.12.70 and one or more residential units has
been approved for construction pursuant to Section 19.28.150 or 19.40.090 ( Government
Code Section 65852.21).
19.112.070 Enforcement.
A. Violations of this Chapter shall be enforced as authorized by this Municipal Code and
applicable provisions of state law.
B. Enforcement of Building Code standards: In enforcing building standards pursuant
to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13
of the Health and Safety Code for an ADU described below, a local agency, upon
request of an owner of an ADU for a delay in enforcement, shall delay enforcement
of a building standard, subject to compliance with Section 17980.12 of the Health and
Safety Code:
1. The ADU was built before January 1, 2020.
2. The ADU was built on or after January 1, 2020, and at the time the ADU was built,
the City had a noncompliant ADU ordinance, but the ordinance is compliant at
the time the request is made.
39
PC 7-8-2025
39 of 44
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
651 Bannon Street
Sacramento, CA 95811
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
April 24, 2025
Benjamin Fu, Director
Community Development Department
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Dear Benjamin Fu:
RE: Review of Cupertino’s Accessory Dwelling Unit (ADU) Ordinance under State
ADU Law (Gov. Code, §§ 66310 - 66342)
Thank you for submitting the City of Cupertino ADU Ordinance No. 23-2254 (Ordinance),
adopted February 23, 2024, to the California Department of Housing and Community
Development (HCD). The Ordinance was received on February 29, 2024. HCD has
reviewed the Ordinance and submits these written findings pursuant to Government
Code section 66326, subdivision (a). HCD finds that the Ordinance fails to comply with
State ADU Laws in the manner noted below. Pursuant to Government Code section
66326, subdivision (b)(1), the City has up to 30 days to respond to these findings.
Accordingly, the City must provide a written response to these findings no later than
May 24, 2025.
The Ordinance addresses many statutory requirements; however, HCD finds that the
Ordinance does not comply with State ADU Law as follows:
1. Senate Bill (SB) 1211 (Chapter 296, § 3, Statutes of 2024) – As of January 1, 2025,
the Legislature changed Government Code section 66323. Subdivision (a)(4)(A)(ii)
and (iii), now allows for the following:
ο (ii) On a lot with an existing multifamily dwelling, not more than eight
detached ADUs. However, the number of ADUs allowable pursuant to this
clause shall not exceed the number of existing units on the lot.
ο (iii) On a lot with a proposed multifamily dwelling, not more than two
detached ADUs.
2. Assembly Bill (AB) 2533 (Chapter 834, Statutes of 2024) - As of January 1, 2025,
there are changes to Government Code section 66332. Subdivisions (a) and (b)
were changed and subdivisions (d) – (f) were added. Changes include permitting
previously unpermitted ADUs, adding the same protections for JADUs, and
40
PC 7-8-2025
40 of 44
setting additional requirements for local agencies. The County should review
these new requirements and adjust the Ordinance to comply with State ADU
Law.
3. Statutory Numbering - The Ordinance contains several references to code
sections that were deleted by SB 477, effective March 25, 2024. These include
Government Code sections 65852.2, 65852.22 and 65852.26. The contents of
these sections were relocated to Government Code, Title 7, Division 1, Chapter
13 (sections 66310-66342, see Enclosure). The County must amend the
Ordinance to refer to the correct Government Code sections.
4. Sections 19.112.020 2. and 19.112.020 5. – Compliance with Underlying Zoning
– The Ordinance states that all ADUs in Cupertino must comply with “…site
development regulations and guideline [sic] specified in those zoning districts for
dwelling units….” However, State ADU Law requires (1) objective development
standards, and (2) exempts ADUs created per Government Code section 66323
from underlying site development regulations and zoning development and
design standards. Government Code section 66314, subdivision (b), requires
local ADU ordinances to impose objective standards, defined in part as only
those requirements that are “…knowable by both the development applicant or
proponent and the public official prior to submittal.”1 The Ordinance does not
refer to the specific regulations or guidelines that must be complied with. Only
objective standards may be applied, and those objective standards authorized
by section 66314 are not applicable to units described in Government Code
section 66323.2 Therefore, the City must amend the Ordinance to refer to the
applicable objective underlying regulations, guidelines or policies for an ADU
permit and must account for the exemptions for 66323 units.
5. Section 19.112.030A.2 – Number of Units – The Ordinance states a “maximum
[of] two ADUs per duplex lot.” However, lots that contain two or more existing or
proposed attached primary dwellings on the same lot, such as duplexes, are
multifamily dwellings. Under State ADU Law, a lot with a proposed or existing
duplex not created through the provisions of Government Code section
65852.21, may create up to (1) eight detached ADUs, and (2) at least one ADU
converted from non-livable space that meets “state building standards for
dwellings.”3 The Ordinance as written limits the number of ADUs that can be
created on lots with existing or proposed duplexes. Therefore, the City must
amend the Ordinance to provide for the appropriate number of ADUs allowable
on a lot with proposed or existing multifamily dwelling structures.
1 Gov. Code, § 66313, subd. (i).
2 Gov. Code, § 66323, subd. (b).
3 Gov. Code, § 66323, subds. (a)(3)(A) and (a)(4)(A).
41
PC 7-8-2025
41 of 44
6.Section 19.112.030 B. 4. – Maximum Size, Detached Multifamily ADUs – The
Ordinance indicates the maximum size of a detached ADU on a lot with a
proposed or existing multifamily dwelling is limited to “1,200 s.f.”. However,
Government Code section 66323, subdivision (b) states, “A local agency shall
not impose any objective development or design standard that is not authorized
by this section upon any accessory dwelling unit that meets the requirements of
any of paragraphs (1) to (4), inclusive, of subdivision (a).” Therefore, the
maximum sizes stated in this section may not apply to any unit created subject
to Government Code section 66323, subdivision (a)(4). The City must amend the
ordinance to remove the restriction on maximum size for detached ADUs on lots
with existing or proposed multifamily dwellings.
7.Section 19.112.040 F.1. – Parking – The Ordinance does not provide for all of
the exemptions to parking requirements pursuant to Government Code section
66322, subdivisions (a)(1) through (a)(6): “(6) When a permit application for an
accessory dwelling unit is submitted with a permit application to create a
new single-family dwelling or a new multifamily dwelling on the same lot,
provided that the accessory dwelling unit or the parcel satisfies any other
criteria listed in this subdivision.” (Emphasis added.) Therefore, the City must
amend the Ordinance to add the exemption in Government Code section 66323,
subdivision (6).
8.Section 19.112.040 I. – Structure Design – The Ordinance states that structure
design “Should be compatible with the architectural style and materials of the
principal structure.” However, Government Code section 66314, subdivision
(b)(1), allows local jurisdictions to only “[i]mpose objective standards on
accessory dwelling units….” (Emphasis added.) Government Code section
66313, subdivision (h), defines “objective standards” as “standards that involve
no personal or subjective judgment by a public official and are uniformly
verifiable by reference to an external and uniform benchmark or criterion
available and knowable by both the development applicant or proponent and the
public official prior to submittal.” The Ordinance's requirement that an ADU
"should be compatible..." is subjective and therefore may not be imposed. The
City must amend this section to include only objective standards.
The City has two options in response to this letter.4 The City can either amend the
Ordinance to comply with State ADU Law5 or adopt the Ordinance without changes and
include findings in its resolution adopting the Ordinance that explain the reasons the
City believes that the Ordinance complies with State ADU Law despite HCD’s findings.6
If the City fails to take either course of action and bring the Ordinance into compliance
4 Gov. Code, § 66326, subd. (c)(1).
5 Gov. Code, § 66326, subd. (b)(2)(A).
6 Gov. Code, § 66326, subd. (b)(2)(B).
42
PC 7-8-2025
42 of 44
with State ADU Law, HCD must notify the City and may notify the California Office of
the Attorney General that the City is in violation of State ADU Law.7
HCD appreciates the City’s efforts in the preparation and adoption of the Ordinance and
welcomes the opportunity to assist the City in fully complying with State ADU Law.
Please feel free to contact Michael McLaughlin at Michael.McLaughlin@hcd.ca.gov if
you have any questions.
Sincerely,
Jamie Candelaria
Senior Housing Accountability Manager
Housing Policy Development Division
7 Gov. Code, § 66326, subd. (c)(1).
43
PC 7-8-2025
43 of 44
State ADU/JADU Law Statutory Conversion Table
New Government Code Sections Previous Government Code Sections
Article 1. General Provisions
66310 65852.150 (a)
66311 65852.150 (b)
66312 65852.150 (c)
66313 General Definition Section
65852.2 (j)
65852.22 (j)
Article 2. Accessory Dwelling Unit Approvals
66314 65852.2(a)(1)(A), (D)(i)-(xii), (a)(4)-(5)
66315 65852.2 (a)(8)
66316 65852.2 (a)(6)
66317 65852.2 (a)(3), (a)(7)
66318 65852.2 (a)(9), 65852.2 (a)(2)
66319 65852.2 (a)(10)
66320 65852.2 (b)
66321 65852.2 (c)
66322 65852.2 (d)
66323 65852.2 (e)
66324 65852.2 (f)
66325 65852.2 (g)
66326 65852.2 (h)
66327 65852.2 (i)
66328 65852.2 (k)
66329 65852.2 (l)
66330 65852.2 (m)
66331 65852.2 (n)
66332 65852.23.
Article 3. Junior Accessory Dwelling Units
66333 65852.22 (a)
66334 65852.22 (b)
66335 65852.22 (c)
66336 65852.22 (d)
66337 65852.22 (e)
66338 65852.22 (f)-(g)
66339 65852.22 (h)
Article 4. Accessory Dwelling Unit Sales
66340 65852.26 (b)
66341 65852.26 (a)
66342 65852.2 (a)(10)
44
PC 7-8-2025
44 of 44