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Commission clarifies attic exclusion: amendment narrows 'permanent stairs' language

Cupertino Planning Commission · July 29, 2026
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Summary

Commissioners amended staff's attic definition to require that permanent stairs lead directly to the attic in order for the attic to be included in square-footage calculations; the change passed unanimously and aims to avoid unintended additions to a home's counted living area.

During deliberations on the municipal code amendment, a commissioner moved to change the attic standard from "lacking permanent stairs from the floor below" to "lacking permanent stairs directly to the attic space from the floor below." Commissioner Wenskog made the motion and Commissioner Fung seconded. The commission debated hypothetical attic layouts and whether the amended wording would change how some local houses are measured.

Staff said the amended language was intended to clarify cases where stairs lead to an intermediate finished space versus stairs that provide direct access to an attic that could be converted. "If you had permanent stairs going into an attic space, then it would be included in the square footage," staff said. Commissioners asked for examples of when the staff-recommended wording and the commission amendment would produce different outcomes; staff acknowledged some scenarios could be ambiguous and emphasized the amendment narrows the test to direct access.

The amended motion passed unanimously. The commission instructed staff to proceed with the resolution as amended and to follow up on any edge cases during future project reviews.