CC Ordinance No. 25-2274 - 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 (AORDINANCE NO. 25-2274
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.
Ordinance No. 25-2274
Page 2
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 3, 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: Chao, Moore, Fruen, Mohan, Wang
NOES: None
ABSENT: None
ABSTAIN: None
Ordinance No. 25-2274
Page 3
SIGNED:
Liang Chao, Mayor
City of Cupertino
Date
Kirsten Squarcia, City Clerk Date
Floy Andrews, City Attorney Date
09/22/2025
9/30/2025
9/30/2025
ATTACHMENT A
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 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. In the event of a conflict
between this Chapter and the requirements of State law, the requirements of State
law, including the requirements of Government Code Sections 66310 ‐ 66342, 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) 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).
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. Any accessory dwelling unit, including a
Junior Accessory Dwelling Unit (JADU), shall not be used 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.
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, 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
Conversion of space within principal
dwelling unit or accessory structures 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‐
Units
Maximum three ADUs per single‐family residential 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
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.
and side lot lines.
b.An applicant alternately may
elect to follow the setback
standards for accessory
Conversion of space within principal
dwelling unit or accessory structures Detached Accessory Dwelling
Unit ≤ 800 s.f.
4. Height The conversion shall not change the
height of the existing structure.
1
b.If accessory dwelling unit is
attached to principal dwelling, 25
feet or the height limitations
applicable to the principal
dwelling, whichever is lower.
c.An applicant alternatively may
elect to follow the height
standards for accessory
accessory existing second story portion of the
accessory
principal
dwelling unit
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.
unit
1.An additional two feet in height (from 18 to 20 feet) for ADUs within one half mile of a major transit
stop or a high‐quality transit corridor is permitted to accommodate a roof pitch on the accessory dwelling
unit that is aligned with the roof pitch of the primary dwelling unit.
Table 19.112.030B: Site Development Regulations for Streamlined Accessory
Dwelling Units Associated with Existing Multi-Family Residential Uses
Conversion of interior space and
JADUs within multifamily Construction
1. Location a.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.
b.JADUs permitted only in
Must be detached from the multi‐
family dwelling structure(s) other
than for duplex zoned properties,
except attached ADUs are allowed
for duplex zoned properties.
2. Maximum Number of Units
a.Multifamily
developments
other than
duplex zoned
properties
•25 percent of the existing
number of primary dwelling
units, or
•One accessory dwelling unit
family dwelling, the lesser of:
•Eight detached accessory
dwelling units and
•the number of existing multi‐
family units on the lot.
ii.On a lot with a proposed
multifamily dwelling, not more
than two detached ADUs.
properties following:
•Attached ADU,
•Conversion of existing space ADU (whether in principal dwelling unit
or existing accessory structure),
•Detached ADU, or
•
•
•For duplex zoned properties, attached ADUs are limited to 800 s.f.
Conversion of interior space and
JADUs within multifamily Construction
5. Setbacks The accessory dwelling unit shall
not increase the size of the existing
structure.
side and rear lot lines.
b.An applicant alternately may elect
to follow the setback and height
standards for accessory structures
not increase the size of the existing
structure.
1
b.An applicant alternatively may
elect to follow the setback and
height standards for accessory
principal dwelling
units
independent unit. No interior doors
or other connections between the
units.
1.An additional two feet in height (from 18 to 20 feet) for ADUs within one half mile of a major transit
stop or a high‐quality transit corridor is permitted to accommodate a roof pitch on the accessory dwelling
unit that is aligned with the roof pitch of the primary dwelling unit.
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 66323 and for which
the city may impose local standards pursuant to Government Code section 66314 –
66322. 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
1,000 s.f.; and
b.Attached accessory dwelling units shall not exceed 50% of the
existing primary dwelling
c.Lot coverage, floor area, and open space standards per the
underlying zoning apply to ADUs greater than 800 s.f. See Table
19.112.030 A for requirements related to ADUs less than or equal to
800 s.f.
1
district, except the required side
and rear setbacks are modified to
four feet.
comply with the setback standards
for accessory structures in Chapter
19.100, except the street side
applicable to the principal
dwelling, whichever is lower.
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
Attached > 800 s.f. Detached > 800 s.f.
1.Parking for
accessory dwelling unit 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 the accessory
dwelling unit meets one of the following requirements:
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 or
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
2.Demolition or
conversion of existing
covered, uncovered or
enclosed parking spaces
for 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 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)
•Single Family Residential District with Semi‐Rural
principal dwelling unit unit. No interior doors or other unit.
Attached > 800 s.f. Detached > 800 s.f.
and the 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.
19.112.050 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
66317.
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 other
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: 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:
1.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:
a.The ADU or JADU violates applicable building standards, or
b.The ADU or JADU does not comply with state ADU or JADU law
(Government Code Section 66313‐66339) or this chapter.
2.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.
3.Notwithstanding subsection (C)(1) or (C)(2) above, a building that is deemed to
be substandard in accordance with California Health and Safety Code Section
17920.3 shall not be permitted.
19.112.060 Accessory Dwelling Units Prohibited on Certain Lots.
Notwithstanding Government Code Section 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.
Ordinance 25-2274 - 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
Final Audit Report 2025-09-22
Created:2025-09-22
By:Araceli Alejandre (aracelia@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAABGLL8hGuCYmEU_no7VzrXITQXVW_qCWZ
"Ordinance 25-2274 - An Ordinance of the City Council of the Cit
y of Cupertino Amending Municipal Code Chapter 19.08, and Ch
apter 19.112 Regarding Accessory Dwelling Unit (ADU) Laws" H
istory
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STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, KIRSTEN SQUARCIA , City Clerk and ex-officio Clerk of the
City Council of the City of Cupertino, California, do hereby
certify the attached to be a true an d correct copy of Ordinance
No. 25-2274 which was enacted on September 16, 2025, and
that it has been published or posted pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my han d and
seal this 30th day of September 2025.
____________________________________________
KIRSTEN SQUARCIA, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California