HomeMy WebLinkAboutOpposition Letter - SB 1120 (Atkins) - 07.16.2020
July 16, 2020
The Honorable Toni Atkins
State President Pro Tempore
State Capitol, Room 205
Sacramento, CA 95814
RE: SB 1120 (Atkins) – OPPOSE
Dear Pro Tem Atkins,
On behalf of the City of Cupertino, I am writing to express our opposition to SB 1120, your
measure that would require cities and counties to permit ministerially either a housing
development of up to two units, or the subdivision of a parcel into two equal parcels, as long as
they meet specified conditions.
Specifically, SB 1120 requires a housing development containing two units to be considered
ministerially, in single family zones, if the development is located on an eligible parcel. The
project also cannot require demolition or alteration that would require the evacuation or eviction
of an existing rental housing that has been occupied in the past three years.
SB 1120 also requires a city or county to ministerially approve or deny a parcel map for an urban
lot split that meets specified requirements. In addition to the requirements for eligible parcels that
apply to both duplexes and urban lot splits, urban lot split must meet the following requirements:
• The parcel map subdivides an existing parcel to create two new parcels of equal size.
• Both newly created parcels are no smaller than 1,200 square feet, unless the local agency
adopts a smaller minimum lot size.
• The parcel being subdivided is zoned for residential use.
• The parcel does not contain rent-restricted housing, housing where an owner has exercised
their rights under the Ellis Act within the past 15 years, or housing that has been occupied
by tenants in the past three years.
• The parcel being subdivided was not previously created through an urban lot split, and
none of the adjoining parcels were created by an urban lot split and owned by the same
owner.
While SB 1120 does allow a local government to adopt an ordinance to implement its duplex and
lot split provisions, and does not require a local government to ministerially approve accessory
dwelling units on parcels or duplexes approved under this measure, the bill otherwise eliminates
public review and input on these projects. SB 1120 would override local land use plans and
regulations and ignore the careful planning that has been undertaken at the local level. Local
planning efforts encourage public engagement and provide a collaborative process by which a
local agency can determine what housing solutions are most appropriate for communities and
how to appropriately plan for future growth.
SB 1120, and similar legislation to streamline permit review processes, reduce public engagement
and eliminate the opportunity for input on pending developments. Public comments by local
residents often bring to light a potential adverse impact of a proposed development, or elements
that the community would like to see incorporated into the project. Consideration of such public
input during the permit review process leads to higher quality development and should not be
eliminated.
It is for these reasons that the City of Cupertino has taken an oppose position on SB 1120.
Sincerely,
Steven Scharf
Mayor
City of Cupertino
cc: Senator Jim Beall
Assemblymember Evan Low
Assemblymember Marc Berman