HomeMy WebLinkAboutOpposition Letter - SB 897 (Wieckowski) - 06.07.2022
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June 7, 2022
The Honorable Bob Wieckowski
California State Senate, 10th District
Capitol Office, 1021 O Street, Suite 6530
Sacramento, CA 95814
RE: SB 897 (Wieckowski) – OPPOSE
Dear Senator Wieckowski:
On behalf of the City of Cupertino, I am writing to express our opposition to SB 897,
which would significantly amend the statewide standards that apply to locally adopted
ordinances concerning the construction of accessory dwelling units (ADUs), even though t he
law has been substantially amended nearly every year since 2016.
SB 897 would require local jurisdictions to allow ADUs to be constructed with a height
of up to 25 feet. Current law appropriately authorizes cities and counties to restrict ADU height
to 16 feet, thus helping ensure that these accessary units blend into the existing neighborhood.
Mandating that local jurisdictions allow essentially two-story ADUs is completely contrary to
the stated belief that ADUs are a way to increase density in a modest fashion that is not
disruptive to established communities. Shoehorning a 25-foot structure into a backyard of a
single-story ranch style home calls to question the idea that these are “accessory dwelling
units.”
Additionally, SB 897 would permit constructed ADUs in violation of state building
standards and in violation of local zoning requirements. Current law already requires cities and
counties to approve ADUs ministerially, without discretionary review. Expanding this to
prohibit local jurisdictions from denying permits for already constructed ADUs that fail to
comply with state mandated building standards or local zoning requirements could result in
dangerous or substandard living conditions.
Lastly, this bill would allow a property owner to construct two ADUs on a vacant parcel
years before the proposed multifamily structure begins construction. Additionally, there is no
guarantee that the multifamily structure will ever be constructed. It is unclear why local
MAYOR DARCY PAUL
CITY OF CUPERTINO
CORRESPONDENCE TO ASSEMBLYMEMBER WIECKOWSKI OPPOSING SB 897 page 2 of 2
jurisdictions should be forced to allow ADUs to be constructed before the originally proposed
multifamily structure. Constructing an ADU without a primary structure makes them
accessory to nothing, but rather a standalone unit. For these reasons, the City of Cupertino
opposes SB 897.
Sincerely,
Darcy Paul
Mayor
City of Cupertino
cc: Senator Dave Cortese
Senator Josh Becker
Assemblymember Evan Low
Assemblymember Marc Berman