California Coalition for Rural Housing

Working to ensure affordable housing opportunities for low income and rural households since 1976.

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California Inclusionary Housing Policy Database

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Cupertino

download the full policy: cupertino_ah_ih_muni_code.pdf, Cupertino_housingmitigation.pdf

Policy and Jurisdiction Information

Population: 50,546
Land Area (sq mi.): 10.9
Year Adopted: 1983
Compliance Type: mandatory
Policy Type: zoning
   

Developer Options

Construction Alternatives

  • (not offered)conversion to affordable housing
  • (not offered)credit transfer
  • (offered)in-lieu fee
  • (not offered)land dedication
  • (not offered)off-site construction

In-Lieu Fee Structure: formula

 

2.02.03 Mitigation Options

In projects of one to six units, the developer may pay a fee in lieu of development of the affordable units or meet the requirement with alternatives consistent with the Housing Element of the General Plan. Developments consisting of seven units or more must develop the BMR units on-site using the standards set forth in this procedural manual.

2.02.04 In-Lieu Fee

 

Developers shall pay a fee as determined by the City Council for developments of one to six units. The fee will be assessed on a per square foot basis (inclusive of garages) on all new development and be adjusted annually using the Consumer Price Index (all items for the San Francisco Bay Area). For the purposes of assessing the fee, new development shall be defined as development on an existing vacant lot or redevelopment of a lot where an existing housing unit has been demolished.

The in-lieu fee (collected for projects of less than seven units) shall only be used for the provision of affordable housing in Cupertino and will be collected at the building permit stage of development. The in-lieu fee shall be paid prior to the issuance of any construction permits and prior to the commencement of any work on the site.

The options for use of the fee include, but are not limited to, the following:

a. Development of new affordable units

b. Conversion of existing market rate units to affordable units

c. Down payment assistance programs

d. Second mortgage programs

In the event the funds are not used for the purposes they were exacted or utilized within five years from the date the fee was collected, the in-lieu fee will be returned to the developer as per AB 1600.

 

 

Incentives

  • (not offered)clustering of IH units
  • (not offered)delayed building of IH units
  • (offered)density bonus
  • (offered)fast-track processing
  • (offered)fee deferral
  • (offered)fee reduction
  • (offered)fee waiver
  • (offered)flexible design standards
  • (not offered)growth control exception
  • (offered)subsidies
  • (not offered)tax abatement
  • (not offered)(other)

Requirements

  Rental Units Ownership Units
IH Requirement Threshold fixed formula, 1 units fixed formula, 1 units
% Production Required 15% 15%
Targeted Groups
  • (not offered)extremely low income
  • (offered)very low income
  • (offered)low income
  • (not offered)moderate income
  • (not offered)above-moderate income
  • (not offered)senior
  • (not offered)extremely low income
  • (not offered)very low income
  • (not offered)low income
  • (offered)moderate income
  • (not offered)above-moderate income
  • (not offered)senior
Length of Affordability 99 years 99 years
Occupancy Preferences: Workforce - local employees, Residency - Local residents

Production Data

Production data not available for this jurisdiction.

Residential building permit activity 5 years before and after adoption of ordinance:

last updated October 13, 2009

California Coalition for Rural Housing
(916) 443-4448
717 K Street, Suite 400
Sacramento, CA 95814

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