CC 06-01-2021 Item No. 11 Approval of May 18 Draft MinutesPage 6
City Council Minutes May 18, 2021
City Clerk Kirsten Squarcia read the title of Ordinance No. 21‐2227: “An Ordinance of
the City Council of the City of Cupertino amending City Code Chapter 10.90 of Title 10
(Public Peace, Safety, and Morals) to prohibit smoking in multi‐unit housing and
certain outdoor areas,” which also adds setback requirements for designated smoking
areas and includes detached ADUs and JADUs in the regulations, and which includes a
finding that the Ordinance is exempt from CEQA.
Chao moved and Willey seconded to modify the draft ordinance by removing the
language regarding JADUs (junior accessory dwelling units) and second units from the
regulation and to conduct the first reading.
Paul moved and Willey seconded a substitute motion to read Ordinance No. 21‐2227 by
title only, and that the City Clerk’s reading constitute the second reading thereof; and
to enact the Ordinance.
Willey withdrew his second of the substitute motion.
Moore seconded the substitute motion.
The substitute motion failed. Ayes: Moore, Wei, Willey, Chao, and Paul. Noes: Wei,
Willey, and ChaoNone. Abstain: None. Absent: None.
Chao modified her motion to delete, “’Multi‐unit Residence’ also includes single‐family
homes with an attached or detached accessory dwelling unit, junior accessory dwelling
unit, or second unit” from the definition of Multi‐unit Residence; and the modification,
“a detached single‐family home with or without an attached or detached accessory
dwelling unit, junior accessory dwelling unit, or second unit.” (Willey accepted the
modification).
City Clerk Kirsten Squarcia read the title of Ordinance No. 21‐2227 as modified: “An
Ordinance of the City Council of the City of Cupertino amending City Code Chapter
10.90 of Title 10 (Public Peace, Safety, and Morals) to prohibit smoking in multi‐unit
housing and certain outdoor areas,” which includes a finding that the Ordinance is
exempt from CEQA.
CC 6-1-21 Item #11