HomeMy WebLinkAboutOpposition Letter - SB 13 (Wieckowski) - 06.25.2019CITY OF
CUPERTINO
June 25, 2019
MAYOR STEVEN SCHARF
sscharfOacupertino.org
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3191 • FAX: (408) 777-3366
CUPERTINO.ORG
The Honorable Bob Wieckowski
California State Senate
State Capitol, Room 4085
Sacramento, CA 95814
RE: Oppose SB 13 — Accessory Dwelling Units
Dear Senator Wieckowski,
On behalf of the City of Cupertino, I am writing to express opposition to SB 13, which
would amend the statewide standards that apply to locally adopted ordinances regarding
accessory dwelling units (ADUs).
Specifically, SB 13 would modify the zoning areas where housing is a permissible use,
expand the areas in which ADUs can be built, provide that replacement parking is not
required for the construction of certain ADUs, removes the authority for local ordinances
to require owner occupancy, provides minimum size and height requirements, provides
for a tiered schedule of impact fees, 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, SB 13 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.
SB 13 prohibits impact fees on ADUs smaller than 750 square feet and significantly limits
the impact fees that may be charged to larger ADUs. Impact fees are an important tool for
cities and special districts to provide services, infrastructure, and quality of life for local
communities. The impact fee caps in SB 13 will reduce local government funding for
public safety and quality of life investments and will put additional pressure on local
governments to find alternative sources of funding to finance the infrastructure, services,
and other amenities needed for growing communities.
Lastly, SB 13 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.
It is for these reasons that the City of Cupertino opposes SB 13.
Sincerely,
Steven Scharf
Mayor, City of Cupertino
cc: Assembly Local Government Committee Members