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Cupertino planning commission adopts clearer definitions of “square footage,” attics and garages
Summary
The commission unanimously approved a municipal code amendment adding a standalone definition of “square footage” and clarifying attic and garage terms to align local code with state housing laws and reduce interpretive disputes, including a small amendment on attic-stair wording.
On July 28, 2026, the Cupertino Planning Commission unanimously adopted a resolution to add a standalone definition of “square footage” to the municipal code and to clarify definitions for attics and garages, measures staff said are intended to align the city’s rules with state housing law and reduce future disputes. The commission approved the staff recommendation with a narrow amendment that clarified the permanent-stairs wording for attics.
Special Counsel John Cardenas, who presented the item on behalf of planning staff, said the changes are intended to prevent confusion when the city evaluates mixed-use and multifamily projects under state streamline-review provisions such as SB 35. "I'm here tonight to address three code definition amendments that have been under discussion, and we would like to have you all consider for approval," Cardenas said during his presentation, emphasizing the changes are forward-looking and not retroactive.
The adopted package creates a standalone square-footage definition aligned with state housing statutes and building-code concepts, adds objective criteria for identifying attic space (examples discussed included unfinished flooring, lack of permanent stairs directly to the attic, and absence of operable windows), and narrows the municipal definition of residential garage so that large structured parking with drive aisles is excluded. Cardenas told commissioners the goal is to remove ambiguities that could lead to disputes or litigation and to streamline the city’s review of complex projects.
During discussion commissioners repeatedly pressed staff on practical consequences: whether garages converted to accessory dwelling units would change calculations (staff said garages are already counted in floor-area calculations and the new definition applies to the state streamlined context), how finished basements are treated for streamline review (staff said finished basements are not counted for state streamlined review), and whether the changes could affect property-tax assessments (staff and counsel said they did not expect tax-assessment impacts but agreed to double-check with the assessor’s office). Commissioner Owens Cobb moved to adopt the resolution with an amendment to change the phrase "lacking permanent stairs from the floor below" to "lacking permanent stairs directly to the attic space from the floor below." Commissioner Fung seconded the motion. The motion carried unanimously.
The commission was presented with staff’s finding that the project is not subject to CEQA and that the definitions are intended to be forward-looking, applying to future projects rather than altering past approvals. Staff also said the definition of square footage is primarily to support the city’s application of state streamline-review rules and the Housing Accountability Act, for situations where statutes refer to square footage thresholds when determining whether a project counts as residential.
Next steps: The resolution as amended is adopted. Staff said it will follow up on any technical questions raised during the hearing — including confirming tax-assessor implications — and will return to the council or post final documents as required by municipal process.
