Cupertino makes SB 9 decisions final at the Director level, which means no appeal either way. That's good for speed, but come in with a complete, well-documented application. If the house has had a tenant in the last three years, plan around keeping at least 75% of the exterior walls.
Adding an ADU
In Cupertino
In April 2025, HCD reviewed Cupertino's ADU ordinance (Ordinance No. 23-2254, adopted February 23, 2024) and found it didn't comply with state law, including the 2025 change allowing up to eight detached ADUs on lots with existing multifamily buildings.[1]
State law, everywhere in California
A city has 60 days to approve or deny a complete ADU or junior ADU (JADU) permit application.[2]
Lot coverage, floor area ratio, and front setback rules can't be used to block an ADU of at least 800 square feet with four-foot side and rear setbacks.[2]
A city can't set a height limit below 16 feet for a detached ADU, or below 18 feet within a half mile of a major transit stop or high-quality transit corridor. Attached ADUs can go to 25 feet or the main home's zoning height, whichever is lower.[2]
A JADU is up to 500 square feet of interior space inside the main home. Owner occupancy can't be required for an ADU, but it is required for a JADU that shares a bathroom with the main home.[2]
No impact fees on an ADU of 750 square feet or less. Above that, fees have to be proportional to the main home.[2]
On a lot with an existing apartment building, state law allows up to eight detached ADUs (never more than the number of existing units), plus conversions of non-living space.[2]
Lot splits and second homes
In Cupertino
On November 15, 2022, the City Council approved SB 9 standards through Ordinance No. 22-2246.[3]
SB 9 homes need a Miscellaneous Ministerial Permit and a split needs an Urban Lot Split (Parcel Map) approval. The Director's decision on either is final and not appealable.[3]
Eligible zones are R-1, P(R1), Planned Development zones limited to single-family uses, and RHS.[3]
If the property was tenant-occupied in the last three years, the project must demolish less than 25% of the existing exterior structural walls.[3]
State law (SB 9)
SB 9 applies to lots zoned single-family. It allows two primary homes on one lot, a split into two lots, or both, with staff-level approval and no public hearing.[4]
Local rules can't stop two homes of at least 800 square feet each, or a split into two lots of at least 1,200 square feet. Side and rear setbacks are capped at four feet.[4]
Parking is capped at one space per unit, and none can be required within a half mile walk of a high-quality transit corridor or major transit stop, or within a block of a car-share vehicle.[4]
To split a lot, you sign an affidavit that you intend to live in one of the units as your main home for at least three years. Any rental has to be for more than 30 days.[4]
SB 9 doesn't apply if the project would demolish or alter rent-restricted housing, rent-controlled housing, or housing a tenant has lived in during the last three years. It also excludes historic properties, lots with an Ellis Act withdrawal in the last 15 years, lots already created by an SB 9 split, and lots next to one the same owner split.[4]
The ceiling is four units total. After a split, the city has to allow two units on each new lot. The city must decide on a complete application within 60 days.[4]
Rent control and AB 1482
In Cupertino
We did not find a city rent cap or rent stabilization ordinance in our review of official city sources. For units AB 1482 covers, the state cap applies.[5]
State law (AB 1482)
Under the Tenant Protection Act (AB 1482), rent can't go up more than 5% plus the change in the cost of living, or 10%, whichever is lower, in a 12-month period.[5]
After a tenant has lived in a unit for 12 months, the landlord needs a listed reason to end the tenancy, either at-fault (like nonpayment) or no-fault (like owner move-in or a substantial remodel).[5]
Exempt: units with a certificate of occupancy issued in the last 15 years (a rolling date), single-family homes not owned by a corporation or REIT, a duplex where the owner lives in the other unit, and units already under a stricter local rent control law.[5]
What is your Cupertino home worth, and what could it become?
I spent my career on the investment side, helping operate more than 7,000 units. I'll give you a valuation built from recent sales, and a straight read on what your lot allows: an ADU, a split, or neither.
Cupertino questions, answered
Can an SB 9 decision be appealed in Cupertino?+
No. The city says the Director's decision on a Miscellaneous Ministerial Permit or Urban Lot Split is final and not appealable.[3]
Which Cupertino zones allow SB 9?+
R-1, P(R1), Planned Development zones limited to single-family uses, and RHS.[3]
Does Cupertino have rent control?+
We did not find a local rent cap in official city sources. Covered units fall under the state Tenant Protection Act.[5]
- [1]HCD, “Review of Cupertino's ADU Ordinance, April 24, 2025”
- [2]California Department of Housing and Community Development (HCD), “ADU Handbook (March 2026 update)”
- [3]City of Cupertino, “Senate Bill 9”
- [4]California Department of Housing and Community Development (HCD), “Housing Law Fact Sheet: Duplexes and Lot Splits (SB 9), April 2026”
- [5]California Attorney General, “Landlord-Tenant Issues: Tenant Protection Act”
Official Cupertino pages
This page is general information, not legal or tax advice. Rules change, and cities amend their codes after state reviews. Confirm current requirements with the city and a qualified professional before you buy, build, or change a tenancy. Erica Walters, REALTOR®, CalDRE# 02239622, Compass.