CC 01-17-2024 Item No. 12 CC 1-17-2024 Item No. 12 Proposed amendments to Municipal Code regarding Two-Story Permit_Written Communications_2 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:Long Jiao
To:City Council
Cc:City Clerk
Subject:Cupertino Voice Survey Results Regarding New ADU Policies
Date:Wednesday, January 17, 2024 9:35:08 AM
Attachments:ADU-Results-Summary.pdf
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Dear City Clerk,
Please include this email and attachment to public comment for the City Council meeting on
1/17/2024.
Dear City Council,
Cupertino Voice is a group of Cupertino residents who care passionately about our
community and the welfare of our city.
We performed a survey in December of 2023 regarding the new ADU policies passed by
the Planning Commission on 11/14/2023. There were 169 total responses, including 148
from verified Cupertino voters.
Below are the options which received the most significant totals of at least 55% of the votes
(or 81.4) from verified Cupertino voters. The votes are marked at the end with format:
number of verified Cupertino voters (number of total votes). For example, 49 (55) means 49
votes from verified Cupertino voters, and 55 votes from all responses.
Question: What are your concerns about these new policies?
I am concerned about too many cars trying to park on my street 85 (102)
Question: Do you support the changes to increase the number of ADUs allowed on each
residential lot?
No 88 (104)
Question: If the City Council adopts the changes, how comfortable would you be with your
neighbor having multiple ADUs (up to three) on their residential lot?
I would not like it, and would actively oppose it 76 (90)
I would not like it, but I would not oppose it either 19 (22)
Even though none of the options passed the 55% threshold, both are “I would not like it”.
The combination of the two is 95 (112).
Please see attachment for the complete results.
Sincerely,
Long Jiao
From:Peggy Griffin
To:City Council
Cc:City Clerk
Subject:2024-01-17 City Council Meeting Agenda Item 12 - ADUs CHANGES ARE FAR MORE THAN REQUIRED
Date:Tuesday, January 16, 2024 4:40:04 PM
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PLEASE INCLUDE THIS EMAIL AS PART OF WRITTEN COMMUNICATIONS FOR THE ABOVE CITY
COUNCIL AGENDA ITEM.
Dear Mayor Mohan and City Council Members,
The Staff Report did not identify the ADU changes that exceeded (were more than required by) CA
state law. I think that would be very helpful to know when looking at the proposed changes. Please
note that 2-story ADUs are NOT required by CA state law EXCEPT within a half a mile walking
distance of a major transit stop or corridor.
What the Planning Commission did was strike out the ½ mile transit requirement completely! Below
shows the words that were removed in YELLOW.
STAFF RECOMMENDATION before PLANNING COMMISSIONS ACTION:
CITY COUNCIL VERSION after PLANNING COMMISSION:
The result of their action was 3 fold:
1. Allows 2-story ADUs all over Cupertino, regardless of their proximity to transit.
2. Increased the allowable heights of all ADUs, even single story ADUs.
3. Eliminated the transit component completely which removes the incentive to build near
transit.
You, the Council, do not have to follow what the Planning Commission recommends. There is a
reason the state added the transit component to the ability to increase ADU height. It was intended
as an incentive. Please add this transit component back into the ADU changes.
Sincerely,
Peggy Griffin
From:Connie Cunningham
To:City Council; City Clerk
Cc:Pamela Wu
Subject:Agenda Item No. 12, ADU, CC meeting 1-17-24
Date:Wednesday, January 17, 2024 12:06:06 PM
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Dear Mayor Mohan, Vice-Mayor Fruen, Councilmembers and Manager Wu:
Agenda Item No. 12, Municipal Code Amendments Two-Story Permits and Accessory
Dwelling Units
In 2018, long before I had even thought about applying to the Housing Commission, I
attended a Housing Commission meeting where ADU’s were being discussed. I was very
supportive of the ADU’s, and expressed my opinion there. I, also, attended a Legislative
Affairs meeting and expressed my favorable opinion to the Mayor and Vice-Mayor at the
time. Having lived in Cupertino for over 30 years at the time, I had knowledge of residents
who could have used an ADU for their growing families, a room for a teenager, or for aging
parents. I was surprised to discover that Cupertino, at that time, did not support ADU’s, and
did not prioritize changes to make building ADU’s easier, faster, and less expensive for
residents.
I am happy to see that this is changing. I support the changes in Agenda Item No. 12,
Municipal Code Amendments Two-Story Permits and Accessory Dwelling Units, and
hope that it is passed this evening.
In the Written Communications, I have read several letters of other ADU supporters and add
my voice to their specific comments as well.
Sincerely,
Connie Cunningham
Housing Commission, self only
From:Cupertino ForAll
To:City Clerk
Subject:Agenda Item 12 - 1/17/24
Date:Wednesday, January 17, 2024 3:10:38 PM
Attachments:CFA Comment_Item 12_01.17.24_City_final_.pdf
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Hello,
On behalf of Cupertino for All, I would like to submit the attached letter as commentary for
Item 12 of tonight's agenda.
Regards,
Steering Committee
Cupertino for All
January 17, 2024
Commentary regarding Agenda Item 12 - Proposed amendments to municipal code
regarding Two-Story Permit and Accessory Dwelling Unit (ADU) laws
Consistent with our commentary on November 17, 2023, Cupertino for All reiterates
our support for more effective permitting and ADU laws. Cupertino for All closely
follows the Housing Element process on behalf of our constituents, many of whom
benefit from not only more housing opportunities, but also a diversity of the types of
housing available.
Previous commentary highlighted benefits of ADU production, particularly in
Cupertino. Showcased in our Annual Progress Report, most of Cupertino’s recent
housing production consisted largely of ADUs. In addition, the HE draft plans for
even greater production over the next planning period and specifically calls for more
ADU flexibility through Strategy HE 1.3.8. In light of these findings and in accordance
with these commitments, CFA hopes to see support for the Planning Commission’s
recommendations coming before the Council in Agenda Item 12.
Eliminating the discretionary Two‐Story Permit requirement will improve the
efficiency of ADU production, and historical data shows interest in this type of
development. Additional modifications will help avoid conflicts with state law, and
other changes, like the removal of major transit stop and transit corridor thresholds
for height and second story allowances, will empower property owners to determine
what works best without arbitrary municipal interference.
Furthermore, the adoption of these changes will affirm the City’s positive intentions
and clear commitments within our Housing Element, which is still pending
certification by the Department of Housing and Community Development’s (HCD).
In summary, CFA reiterates our support for actions that:
1. Make our ADU regulations less prescriptive. For example: let ADUs be
attached or detached, by allowing up to three of each category of ADU in draft
Table 19.112.030(A).
2. Enable the creation of two-story/second-story ADUs by removing the
requirements for proximity to a major transit stop or high quality transit
corridor, as per the Planning Commission recommendation. While we support
transit-oriented development, it is overly prescriptive to require this when an
ADU could easily function as an in-law unit, in which case transit accessibility
may be less of a concern.
3. Within reason, allow the same design opportunities for single and two-story
ADUs.
4. Given the similarity between duplexes and single-family homes in Cupertino
and under our current development standards, clarify that the same rules that
apply to ADUs on single-family-zoned lots also apply in lots zoned for duplexes
(i.e. R-2 zones).
We look forward to seeing the City’s support of improved policy and code supporting
ADU development, like the Planning Commission recommendations before Council
tonight, and our aforementioned goals above.
Regards,
The Steering Committee for Cupertino for All
From:Debbie Timmers
To:City Council
Subject:Support for Item 12, Proposed amendments to Municipal Code Chapter 19.12, Chapter 19.28 and Chapter 19.112
regarding Two-Story Permit and Accessory Dwelling Unit (ADU) laws.
Date:Wednesday, January 17, 2024 3:34:42 PM
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Dear Mayor Mohan, Vice Mayor Fruen and Councilmembers,
My name is Debbie Timmers. I have been a Cupertino resident for 10 years and I would like
to express my support for item 12, Proposed amendments to Municipal Code Chapter
19.12, Chapter 19.28 and Chapter 19.112 regarding Two-Story Permit and Accessory
Dwelling Unit (ADU) laws. (Application No. MCA-2023-002; Applicant: City of Cupertino;
I support whatever we can do to further enhance ADU middle income projects. This, along
with other housing types, helps the “missing middle” - those whose incomes aren’t low
enough for below-market rate housing, but who still can’t afford Cupertino prices. I am
heartbroken every time one of my grandson’s classmates moves out of the area because
their family (usually with 2 professional parents) can no longer afford to live here.
Unfortunately, this is a very frequent occurrence due to the “missing middle” housing.
We need to make Cupertino more inclusive for multigenerational families, currently
overcrowded households, students, young professionals, and more!
I realize ADUs aren’t the only solution, but they are an easy, low-hanging fruit to begin to
address the issue. Additionally, an even stronger ordinance would demonstrate to the State
of California that we are acting in good faith to do everything we can to meet our local
obligations for solving the housing crisis!
In addition, the less time our city staff has to process permits for this type of housing, the
less cost it is to the city. Furthermore, eliminating this process has the potential to
streamline the overall residential permitting process, saving residents time and money to
upgrade their homes.
Thank you for your time and consideration, and please pass this ordinance.
Debbie Timmers