HomeMy WebLinkAboutOpposition Letter - AB 68 (Ting) - 06.25.2019CITY OF
CUPERTINO
June 25, 2019
MAYOR STEVEN SCHARF
sscharf@cupertino.org
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3191 • FAX: (408) 777-3366
CUPERTINO.ORG
The Honorable Phil Ting
California State Assembly
State Capitol, Room 6026
Sacramento, CA 95814
RE: Oppose AB 68 - Accessory Dwelling Units
Dear Assembly Member Ting,
On behalf of the City of Cupertino, I am writing to express opposition to AB 68, which
would amend the statewide standards that apply to locally adopted ordinances regarding
accessory dwelling units (ADUs).
Specifically, AB 68 would make modifications to the requirements of ministerial approval
of ADUs, amends the minimum size and height of ADUs, eliminates the authority to
require replacement parking for certain ADUs, and increases the State oversight of local
ordinances.
The State law governing ADUs has been modified a number of times, including during
the 2016 legislative session. Local agencies have worked in good faith to craft ordinances
that implement those laws and would now be required to reopen those ordinances to
reflect any new changes. Local agencies are currently able to amend their ordinances
above and beyond the State requirements, if that is what is supported in their
communities, and this measure would circumvent the local process in favor of a one -size
fits all approach to ADUs.
Additionally, AB 68 would, among other things, remove the requirement for replacement
parking when a garage, carport, or other structure is modified or demolished for the
construction of an ADU. This will add to the existing difficulties of parking, by removing
existing parking and creating additional demands for on -street parking. This provision
will put additional cars on to city streets and into neighborhoods, thereby negatively
impacting nearby residents, including bicyclists and pedestrians, and businesses as it will
be more difficult for visitors to the City to find adequate parking.
Lastly, AB 68 modifies current law in such a way that may prevent a city from excluding
ADUs for health and safety reasons. Specifically, up to two new -construction ADUs on a
parcel with a multifamily dwelling, unlimited ADUs converted from existing space with
a multifamily building, a new -construction ADU on a parcel with a single family home,
and conversions of existing space to create an ADU and JADU within a single family home
or associated accessory structure would have to be allowed on any residential or mixed
use parcel, irrespective of a local ordinance.
It is for these reasons that the City of Cupertino opposes AB 68.
Sincerel ,
v
Steven Scharf
Mayor, City of Cupertino
cc: Senate Environmental Quality Committee Members
Senate Governance and Finance Committee Members