CITY COUNCIL STAFF REPORT
Meeting: February 6, 2024
Subject
Second reading of 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 second reading and enact Ordinance No. 23-2254: “An 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) Laws.” Discussion
During a regular City Council Meeting held on January 17, 2024, City Council conducted the first reading for Ordinance No. 23-2254. Staff presented details about the need to streamline the development review process by eliminating the Two-Story Permit process, as well as updating Chapter 19.112, Accessory Dwelling Units, to keep consistent with the State of California’s various Assembly and Senate Bills affecting ADU production.
As part of the motion, City Council made the following revisions to Ordinance No. 23-2254:
Allow any combination of ADUs on lots zoned for single-family use and with "no more than two" on lots zoned for duplexes.
Table 19.112.030 be revised to read "Site Development Regulations for Streamlined Accessory Dwelling Units and Junior Accessory Dwelling Units Associated with Single‐Family Residential Uses and Duplexes" For non-streamlined ADUs, an allowance for heights of 18 feet for a detached ADU within a half mile walking distance of a major transit stop or corridor, and 25 feet if attached to a principal dwelling unit; For non-streamlined ADUs, an allowance for a second story on attached or detached ADUs if located within a half mile walking distance of a major transit stop of corridor.
If Council approves these changes today, the proposed ordinance will take effect after thirty (30) days on March 6, 2024.
Prepared by: Gian Paolo Martire, Senior Planner
Reviewed by: Benjamin Fu, Director of Community Development Department Approved for Submission by: Matt Morley, Assistant City Manager Attachments:
A – Draft Ordinance No. 23-2254