CC 01-17-2024 Item No. 12 Proposed amendments to Municipal Code regarding Two-Story Permit CC 1-17-2024
Item No. 12
Proposed amendments to
Municipal Code Chapter 19.12,
Chapter 19.28 and 19.112
regarding Two Story Permit and
Accessory Dwelling Unit
Written Communications
From:Jennifer Griffin
To:City Council; City Clerk
Cc:grenna5000@yahoo.com
Subject:Three Story Adus on Agenda Item 12 on 1/17/24 City Council Meeting
Date:Tuesday, January 16, 2024 9:27:18 AM
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Dear City Council:
(Please add this to the Public Record for Item 12, City Council Meeting, 1/17/24. )
Why is the city trying to have two and three story adus? This is completely illogical.
The legislature and the governor decided without talking to any of the public to
Enact adu legislation that supposedly allows two story adus, and now, I guess three story
Adus.
There are massive amounts of problems with this type of construction. The public needs
To be a partner of this type of construction is proposed. We cannot depend on the
Legislature anymore to test-drive housing laws that they come up with. We are the ones
Having to wind up living with it.
Apparently the Legislature does not care anymore about any of the people living in the
State, as evidenced by the massive amounts of internal strife being launched upon San
Francisco by HCD and the ramifications of SB 423.
I never in my life thought the cities of the state would be torn apart by the ministrations
Of an out of control California public agency such as HCD.
The wreck of the Housing Element across the state and the attempts of totalitarian take-over
Of San Francisco by HCD have pushed the cities of this state into near collapse. The
Wreckage the Housing Bills create is continuing and proposing two and three story adus
Is ludicrous.
Please do not allow this type of Missing Middle Takeover to happen in Cupertino.
Sincerely,
Jennifer Griffin
From:Peggy Griffin
To:City Council; Gian Martire
Cc:City Clerk; Christopher Jensen
Subject:2023-01-17 City Council Mtg Agenda Item 12 - ADU PROPOSED modifications
Date:Monday, January 15, 2024 8:55:35 PM
Attachments:Griffin-Govt Code Supporting Requests for ADU changes.pdf
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PLEASE INCLUDE THIS EMAIL AND ATTACHMENT AS PART OF WRITTEN COMMUNICATION FOR THE
ABOVE CITY COUNCIL AGENDA ITEM.
Dear Mayor Mohan, City Council Members and Sr. Planner Gian Martire,
I am requesting several modifications to the proposed Cupertino ADU law as follows:
REQUESTS
1. REQUEST1 - Require that ADUs not be sold separately.
2. REQUEST2 - Require that one of the units, either the single-family-home or one of the ADUs
be owner-occupied.
a. This means there is a person on-site responsible for the rentals and not some
investment firm out to maximize profits.
3. REQUEST3 – Require that ADUs, if rented, must be for terms longer than 30 days.
a. No AirBnBs! We want permanent housing for our residents!
4. REQUEST4 – Do not allow ADUs to be more than 2-stories.
a. There are height restrictions based on feet but it would be good to put this in, just to
be explicit and objective.
5. REQUEST5 – DO NOT allow heating or cooling equipment or associated piping installed on the
roof of ADUs.
a. AC units are LOUD! Putting them on the roof of ADUs means the noise will be carried
to their neighbors since they are only 4 ft from the property line.
6. REQUEST6 – DO NOT allow balconies of any kind on ADUs of any kind.
a. With setbacks of 4 ft from the property line, this means balconies would look right into
neighboring yards, homes, bedrooms and play areas, etc.
7. REQUEST7 – Require all window sills on second floor windows to be 6 ft or higher.
a. With setbacks of 4 ft from the property line, it means normal windows would look right
into neighboring yards, homes, bedrooms, play areas, etc.
These requests would help minimize “for profit” investments, minimize impacts to neighbors and
simplify approvals. Attached are excerpts from the CA Government Code that allow these
specifications and the Cupertino Muni Code that should be modified for Requests 5, 6 and 7.
Please consider these modifications. They would help minimize the impact of ADUs on neighbors
while also protecting ADUs from being exploited by investment firms. Thank you.
2023-01-17 CC MeeƟng, Agenda Item 12 – ADU Proposed ModificaƟons
GOVERNMENT CODE SUPPORTING MY MODIFICATION REQUESTS
REQUEST1: Require that ADUs not be sold separately.
Government Code 65852.2(a)(1)(A) AƩachment D – page 3 of 11
REQUEST2: Require that one of the units, either the single-family-home or one of the ADUs be owner-occupied.
This means there is a person on-site responsible for the rentals and not some investment firm out to maximize profits.
Government Code 65852.2(a)(8)(A) AƩachment D – page 3 of 11
Government Code 65852.2(e)(5) AƩachment D – page 6 of 11
REQUEST3: Require that ADUs, if rented, must be for terms longer than 30 days.
No AirBnBs! We want permanent housing.
Government Code 65852.2(a)(8)(C) AƩachment D – page 3 of 11
Government Code 65852.2(e)(5) AƩachment D – page 6 of 11
REQUEST:4 Do not allow ADUs to be more than 2-stories.
Government Code 65852.2(c)(2)(D)(iv) AƩachment D, pages 4-5 of 11
ATTACHMENT B – DRAFT ordinance (Redline).pdf, Page 15 of 25
REQUEST5: DO NOT allow heaƟng or cooling equipment or associate piping installed on the roof.
AC units are LOUD! Puƫng them on the roof of ADUs means the noise will be carried to their neighbors since they are
only 4 Ō from the property line.
Proposed Muni Code 19.28.110.A.5
REQUEST6: DO NOT allow balconies of any kind on ADUs of any kind.
The 4 Ō setbacks from the property lines mean the balconies would look right into neighboring yards, homes, bedrooms,
play areas, etc.
REQUEST7: Require all window sills on second floor windows to be 6 Ō or higher.
The 4 Ō setbacks from the property lines means normal windows would look right into neighboring yards, homes,
bedrooms, play areas, etc.
Sincerely,
Peggy Griffin
From:Jennifer Griffin
To:City Council; City Clerk
Cc:grenna5000@yahoo.com
Subject:Fwd: Two Story Adus in City Council Meeting (1/17/24), Item 12
Date:Thursday, January 11, 2024 1:27:22 AM
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Please see corrected date above of City Council Meeting. Thank you.
-------- Original Message --------
Subject: Two Story Adus in City Council Meeting (1/17/23), Item 12
From: Jennifer Griffin <grenna5000@yahoo.com>
Sent: Thursday, January 11, 2024, 1:17 AM
To: citycouncil@cupertino.org,cityclerk@cupertino.org
CC: grenna5000@yahoo.com
Dear City Council:
Greetings to you all in our new year.
I am very concerned to see Two Story Adus being proposed by the City Council in Item
12 of the City Council meeting of 1/17/24 (postponed from 1/15/24. This is being
Proposed for Chapter 19.112, ADUs Section of both Streamlined and Non-Streamlined ADUs.
This states that in each above adu section :Allowance for a Second Story on Attached and
Detached adus. The previous section says adus can be up to 25 feet high.
The issue of two story adus have never been discussed in the city before. It was never
agendized
For discussion, yet two members of the Planning Commission brought up two story adus
At 11:30 PM at the November Planning Commission meeting, apparently out of the blue.
No one from the public was aware that two story adus were going to be discussed. In
Fact, there had been previous confusion in the agenda because the item was concerning
Two story houses, not two story adus.
The public has had no ability to speak about the story adus at all. Two story adus will cause
Massive chaos across the city as evidenced by the out of control adu construction across
The city of San Diego. The adu construction issues were so bad, the city had to back down on
Some of their previous adu construction permitting because it was overly aggressive and
Wound up causing issues in the neighborhoods. Berkeley has had similar problems with
Adus placed haphazardly about city lots and in areas where there was flooding last winter.
Two story adus need to be thoroughly discussed before they are implemented in Cupertino.
Concerns about Two Story Adus:
1. Adus that are two story could be placed under or next two power lines where the second
Story could wind up next to high voltage sires
2. Building on neighbors' property lines. Two story adus could be built so close to the
Neighboring properties they could be built on the neighbors actual property line
As many lots may have fences that do not sit on the actual property line. Neighbors will
Have to go to the expense of hiring surveyors to make sure the adu is not built on
Their property.
3. Looking into other people's yards. Two story adus might be allowed to be four feet from
A property line. The two story adu could be crammed up against the neighbors property line
With windows looking into the neighbors back yard or bedroom windows. This is indeed
A privacy matter because no screening with trees or shrubs is possible with only four feet
Of separation from a fence. In fact, the adu windows could be in direct observation of
Bedroom Windows in existing homes. Since the neighbors do not know who will live
In the adu, there is concern about what the adu may see in the neighbors windows. A two
Story adu will allow people to see into other people's yards and bedroom windows. This
Could also present a security hazard.
4. Definition of a Two Story Adu. Does this mean the adu could be 100 square feet on the first
story
And 100 square feet on the second story for a total of 200 square feet? How do you have a
Staircase in that type of a structure? It would be a skinny tower sticking up like a smokestack.
How do you get utilities to the two story adu? Can a two Story adu have a balcony? Where
would
The balcony be located?
5. Bringing in Fre-Fab Two Story Adus: Many adu companies being in their adus with giant
cranes.
Since many of these two story adus would be in backyards, the adu company would be trying
to
Place these two story adus by swinging these cranes and derricks over other people's property
And cars. The cranes could fall over and damage other people's houses and property. There are
Huge booms careening over other people's homes and the adu could be dropped on other
Homes.
6. Back Yard tree damage. Two story adus are so tall they could damage neighbors trees in
their
Back yards. The two story adu would wind up in the tree canopy and could kill or damage
Existing trees.
7. HVAC Noise. A two story adu would be so close to the neighbors property that it's HVAC
System placed on the roof or outside could present constant noise for neighbors.
These and other issues need to be discussed before any two story adus should be permitted in
The city of Cupertino.
There is no rush to permit this type of construction so adequate time should be allowed to
discuss
Two story adus. There should be a study session or many study sessions on this type of
construction
Which many consider an unwise type of construction.
Thank you.
Sincerely,
Jennifer Griffin
From:Jennifer Griffin
To:City Council; City Clerk
Cc:grenna5000@yahoo.com
Subject:Adus and Transit Distance
Date:Tuesday, January 16, 2024 11:53:03 AM
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Dear City Council :
(Please include in Item 12 for City Council meeting on 1/17/24 for Public Comment on this item).
I am confused about the mention of proximity to transit as part of the adu and two
Story adu discussion in Item 12 on the City Council Agenda for the 1/17/24 City
Council meeting.
Where did this ever come from? This first time anyone ever heard it mentioned was by the
Two planning commissioners who brought it up at 11:30 PM on November 15, 2023
At the Planning Commission meeting.
No one had ever mentioned transit before in conjunction with the subject of adus. Where did
These two Planning Commissioners get it from? What relevance did it have to the discussion of
Adus?
I am very concerned that there is a whole adu agenda that is being put forth, that the public is
Not privy to. Is this what the developers want? To cut out transit? Why if you wanted to live
In an adu, would you just want to just take transit? People who live in adus can own cars.
There is no rule preventing them from owning or travelling in a car. Do developers think
That people who live in adus should not have cars? What do developers know about anyone
Living in an adu? Do they know special things the public does not know?I
Are developers planning on selling adus to people who don't have cars? That is pretty outrageous
If it is true.
Are developers to try to get these two story adus passed in this city and then try to get
Legislation pAssed in the city so they can then sell these two story adus to people,
Maybe people with cars or without cars? Is this where we are going with this.
Really, the Missing Middle Propaganda Agenda implementation is getting a bit old and really
Easy to read and read into. How it is being implemented is really easy to predict too.
Please explain why this connection of adus (of any height) to public transit is supposed to
Included in or not included in this Agenda Item 12.
Thank you.
Sincerely,
Jennifer Griffin