Group speaks out against SB9 ordinance

single-family home would previously have been allowed, which could accompany more than a dozen residents and would not be considered downzoning by any means.”

“The misunderstanding on the 2,000-square-foot limit is particularly unfortunate given the work Cupertino has done to implement SB9 to accommodate the additional density that the statute allows in a manner that has a high degree of community support,” Jensen added.

Aside from size limitations, Cupertino will ban accessory dwelling units on subdivided lots, secondstory balconies and basements.

The city is requiring that the shadow from new homes not cover more than 10% of an existing solar panel on an adjoining property — a regulation that’s not in place for the construction of new single-family homes. Property owners will have to hire a licensed engineer to conduct a shadow study.

Cupertino also will prohibit condominium conversions so that individual units in duplexes cannot be sold.

“It’s not clear why the city would want to restrict for sale units so that they could only be rented if part of the point of SB9 is to help lower-income families have access to more housing options,” Sonnenfeld said. “It really just entrenches existing homeownership in Cupertino.”

In six months, the council plans to discuss if it needs to make any changes to the ordinance, but Council member Jon Robert Willey and Chao already expressed a desire to put expiration dates on permits and dictate how soon property owners must start construction.

“If we don’t have any type of limit, then essentially all 20,000 homeowners in Cupertino could immediately send their lot split request into the city with no intent of splitting it as long as they’re living in the structure,” Willey said. “But they’re going to sell the property at some point with this advantage for higher prices, further elevating the value of the homes in Cupertino.”