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City Council Minutes February 18, 2020
City Clerk Kirsten Squarcia read the title of Ordinance No. 20‐2197: ʺAn Ordinance of
the City Council of the City of Cupertino repealing and replacing Chapter 5.50 of Title 5
(Business Licenses and Regulations) to regulate the sale of tobacco products.ʺ
Sinks moved and Scharf seconded to read Ordinance No. 1920‐2197 by title only and
that the City Clerk’s reading would constitute the second reading thereof. Ayes: Scharf,
Paul, Chao, Sinks, and Willey. Noes: None. Abstain: None. Absent: None. Recuse: None.
Sinks moved and Scharf seconded to enact Ordinance No. 1920‐2197 by title only and
that the City Clerk’s reading would constitute the second reading thereof. Ayes: Scharf,
Paul, Chao, Sinks, and Willey. Noes: None. Abstain: None. Absent: None. Recuse: None
16.Subject: Second reading of Municipal Code Amendment to Cupertino Municipal Code
Section 2.20.010 to remove the City Clerk’s duty to attend each closed session of the
City Council and keep closed session minutes.
Recommended Action: Conduct the second reading and enact Ordinance No. 20‐2198:
“An Ordinance of the City Council of the City of Cupertino amending City Code
Section 2.20.010 (Recordkeeping Duties‐Closed Sessions) of Chapter 2.20 (City Clerk) to
Title 2 (Administration and Personnel) to remove the City Clerk’s duty to attend City
Council closed sessions and keep minutes.”
Councilmembers asked questions and made comments.
Council did not conduct the second reading and directed staff to bring back a future
agenda item for discussion and to rescind the effective Resolution No. 20‐014
designating the City Manager as the city employee/officer to attend City Council closed
sessions and keep minutes from February 4, 2020.
PUBLIC HEARINGS
17.Subject: Municipal Code Amendments to Chapter 19.112 ‐ Accessory Dwelling Units;
Chapter 19.20 ‐ Permitted, Conditional and Excluded Uses in Agricultural and
Residential Zones; and Chapter 19.08 ‐ Definitions; for Clarifications, and Consistency
with recently adopted State Bills (Application No. MCA‐2018‐04; Applicant: City of
Cupertino; Location: City‐wide)
Recommended Action: That the City Council:
1.Find that the proposed actions are exempt from CEQA; and
2.Conduct the first reading of Ordinance No. 20‐2199: “An Ordinance of the City
Council of the City of Cupertino amending Chapter 19.112, Accessory Dwelling Units;
Chapter 19.20 ‐ Permitted, Conditional and Excluded Uses in Agricultural and
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City Council Minutes February 18, 2020
Residential Zones; and Chapter 19.08 Definitions.”
Written Communications for this item included an email to Council and a presentation.
Senior Planner Gian Martire gave a presentation.
Attorney Sarah Clark from the City Attorney’s office answered questions.
Councilmembers made comments and asked questions.
Mayor Scharf opened the public hearing and the following people spoke:
Jennifer Griffin‐ pushback for State Accessory Dwelling Unit (ADU) bills, people
weren’t able to vote on them, overriding local zoning laws, SB 50 and SB 35.
Lisa Warren‐ redlines for architectural style, rules on building envelopes, eave depth,
covered decks and patios, lofts, setbacks between buildings, and roof designs.
Daniel Boxer (Cupertino resident)‐ compliance with rules on floor area ratio and
increasing size of existing structure.
Joan Meehan‐ occupancy limits on square footage, over density in shared common areas
and Homeowner Association (HOA) environment, maximum number of toilets per
person.
Mayor Scharf closed the public hearing.
City Clerk Kirsten Squarcia read the title of Ordinance No. 20‐2199: “An Ordinance of
the City Council of the City of Cupertino amending Chapter 19.112, Accessory Dwelling
Units; Chapter 19.20 ‐ Permitted, Conditional and Excluded Uses in Agricultural and
Residential Zones; and Chapter 19.08 Definitions.”
Sinks moved and Scharf seconded to:
1. Find that the proposed actions are exempt from CEQA; and
2. Conduct the first reading of Ordinance No. 20‐2199: “An Ordinance of the City
Council of the City of Cupertino amending Chapter 19.112, Accessory Dwelling Units;
Chapter 19.20 ‐ Permitted, Conditional and Excluded Uses in Agricultural and
Residential Zones; and Chapter 19.08 Definitions” with the amendments as added in
the staff report and as presented on screen: “Living space” means, for the purposes of
Chapter 19.112, the same as that set forth for “living area” in California Government
Code Section 65852.2(j)(4). All attic and basement square footage proposed as part of an
Accessory Dwelling Unit shall be limited by the maximum size allowed per Chapter
19.112.