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Cupertino, CA Building Safety: Green Building Code (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Verification method
third-party LEED/GPR certification or city review
Large nonresidential (>50,000 SF)
LEED Silver required
Certification deadline
18 months after final occupancy
Extension available
one-time 6 months, Building Official's discretion
Noncompliance result
green building deposit forfeited

Summary

Cupertino requires developers to prove compliance with its local CALGreen thresholds through third-party LEED or GreenPoint Rated certification, or city review for smaller projects, and to post a refundable green building deposit. Municipal Code § 16.58.250 amends CALGreen § 102.3 with these local verification steps.

102.3 Verification. Documentation of conformance for applicable green building measures shall be provided to the City of Cupertino. Verification that the project meets the applicable environmental standards occurs through either the Third Party process or City Review per the requirements in Table 101.10. ... Green Building Deposit. The green building deposit in an amount that may be set from time to time by resolution of the City Council. The applicant may provide the deposit in the form of cash or in any other form that the City finds acceptable to meet the purposes of this Section. The full amount of the deposit shall be returned upon the certification document being provided per 102.3 (A)(4). If however, the project does not meet the requirements of this Chapter, as applied to the project, then the City shall retain the full amount of the deposit ... Time Limit. Within 18 months of Final Occupancy - Provide certification document for LEED, GPR or alternate rating standard in a form accepted by the City per Table 101.10. The Building Official may grant a one-time 6-month extension.

Full Breakdown

230, new nonresidential buildings between 25,000 and 50,000 square feet must reach LEED Certified or an approved alternate standard, while those over 50,000 square feet must reach LEED Silver; new multifamily projects of more than nine homes need GreenPoint Rated at 50 points or LEED Silver. Major renovations, defined as at least 35,000 square feet with a 50 percent floor-area-ratio increase that replace or substantially alter the HVAC system plus two other building systems, trigger the same third-party thresholds. 250 requires applicants meeting those thresholds to submit a green building checklist at both the planning application and building permit stages, register the project with the applicable certification body, and post a green building deposit in an amount set by City Council resolution.

58 requirements. Applicants have 18 months after final occupancy to deliver the LEED, GreenPoint Rated, or alternate rating certification, and the Building Official may grant one 6-month extension. 260 exempts projects where full compliance is infeasible or conflicts with historic preservation, the General Plan, or the California Building Standards Code.

Violations & Fines

A project that fails to deliver the required LEED, GreenPoint Rated, or alternate-standard certification within the 18-month window, or its 6-month extension, forfeits its entire green building deposit under § 16.58.250, which the city may use only to advance Chapter 16.58's purposes. Building without the required checklist and registration also exposes the applicant to the general misdemeanor penalty in § 1.12.010.

Frequently Asked Questions

What green building standard applies to a large Cupertino office project?
Under Table 101.10 at § 16.58.230, a new nonresidential building over 50,000 square feet must reach LEED Silver or an approved alternate reference standard, verified through third-party LEED certification submitted to the city under § 16.58.250.
How long do I have to certify a Cupertino green building project?
Section 16.58.250 gives applicants 18 months after final occupancy to submit the LEED, GreenPoint Rated, or alternate rating certification, and the Building Official can grant a single 6-month extension beyond that deadline.
What is the green building deposit and can I get it back?
Section 16.58.250 requires a deposit set by City Council resolution for projects that must certify under Table 101.10. The city returns the full deposit once certification is delivered, but keeps it entirely if the project does not meet its Chapter 16.58 requirements.
Can a Cupertino project use a standard other than LEED or GreenPoint Rated?
Yes. Section 16.58.240 lets the Building Official approve an alternate green building standard if it comprehensively addresses energy, water, materials, and health, is as stringent as GPR or LEED, and includes formalized third-party certification.

Sources & Official References

Other rules in Cupertino

All Cupertino rules

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