HomeMy WebLinkAboutOpposition Letter - AB 881 (Bloom) - 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 Richard Bloom
California State Assembly
State Capitol, Room 2003
Sacramento, CA 95814
RE: Oppose AB 881— Accessory Dwelling Units
Dear Assembly Member Bloom,
On behalf of the City of Cupertino, I am writing to express opposition to AB 881, which
would amend the statewide standards that apply to locally adopted ordinances regarding
accessory dwelling units (ADUs).
Specifically, AB 881 would limit the criteria by which a local agency may determine where
ADUs may be permitted due to the adequacy of water and sewer services, requires the
ministerial approval of ADUs on lots with multifamily residences and within existing
garages, and removes the authority of a local agency to require owner occupants for ADUs
until 2025
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 881 would prohibit a local jurisdiction from requiring a property owner
live in the main house or one of the accessory structures until January 1, 2025. This would
incentivize operating the property as a commercial enterprise and could have the
unintended effect of large-scale investors purchasing many single-family homes and
adding ADUs, thus operating more like a property management company, not a
homeowner seeking some additional income. Additionally, owner occupancy
requirements could provide greater oversight and an opportunity to provide more
affordable rents as a homeowner is less likely to be profit driven.
It is for these reasons that the City of Cupertino opposes AB 881.
Sincerely,
Steven Scharf
Mayor, City of Cupertino
cc: Senate Governance and Finance Committee Members