CC 01-17-2024 Item No. 12. Municipal Code Amendments Two-Story Permits and Accessory Dwelling Units_Supplemental Report
CITY COUNCIL STAFF REPORT
SUPPLEMENTAL 1
Meeting: January 17, 2024
Agenda Item #12
Subject
Consider Proposed amendments to Municipal Code Chapter 19.12, Chapter 19.28 and
Chapter 19.112 regarding Two‐Story Permit and Accessory Dwelling Unit (ADU) laws.
(Application No. MCA‐2023‐002; Applicant: City of Cupertino; Location: City‐wide)
Recommended Action
Conduct the first reading of Ordinance No. 23‐2254: ʺAn Ordinance of The City Council
of the City of Cupertino to amend Municipal Code Chapter 19.12, Chapter 19.28 and
Chapter 19.112 Regarding Two‐Story Permit and Accessory Dwelling Unit (ADU) Lawsʺ
(Attachment A) to amend the following:
a. Chapter 19.12, Administration, and
b. Chapter 19.28 Single‐Family Residential (R‐1) Zones.
c. Chapter 19.112, Accessory Dwelling Units (ADU)
Background:
Staff’s responses to questions received from councilmember are shown in italics.
Q1: Councilmember question (Councilmember Chao)
I would like to know whether each of this request (about emails submitted by Peggy
Griffith on January 15, 2024, as well as an email from Jennifer Griffin on January 16,
2024) is legally permissible in the Cityʹs Muni Code. If the information is available on the
options chosen by other cities, I would like to know. Note that I may or may not agree
with all of the requests below. But I do wish to know if each of them is a viable option
for the Council to consider.
Staff response: The amendments to CMC 19.112, Accessory Dwelling Units, are reflective of
State mandates for their development, as well as modifications proposed by the Planning
Commission at their scheduled hearing on November 14, 2023. Below is a summary of response
in regard to the emails submitted by members of the public:
Separate Sale of ADUs: Although the AB 1033 gives the option for local jurisdictions
to sell ADUs as separate units as condominiums, the current recommendation is that
City Council does not allow this.
Owner Occupancy of Principle Unit: Under AB 976, the State does not permit local
jurisdictions to implement an owner occupancy requirement to allow ADUs on a
particular parcel.
Short Term Rentals of ADUs: Currently, the Cupertino Municipal Code, as well as
State law, does not permit ADUs to be used as Short‐Term Rentals. Please refer to
CMC 19.112.020(4) for more information.
Multi‐level ADUs: The State allows for ADUs to be up to two stories. The
amendments to the Municipal Code do not recommend any ADU to be more than two
stories.
Rooftop Equipment: The city cannot impose any development standards on
statewide/streamlined ADUs. However, the city does implement noise standards for
AC units and other similar structures based on the City’s Noise Ordinance.
Balconies and Windowsills: The City cannot impose any development standards on
statewide/streamlined ADUs.
Attachments Provided with the Original Staff Report:
A. Draft Ordinance No. 23‐2254 (clean)
B. Draft Ordinance No. 23‐2254 (redline)
C. Planning Commission Resolution No. 2023‐17
D. Gov. Code Sections 65852.2 and 65852.22
E. Public Comment