MINUTES - 05-27-03

2003-0045 - City of Sunnyvale Study Issue - Assembly Bill 1866 (Wright) Second Units Permitted without discretionary review.

Ryan Kuchenig, Project Planner, presented the staff report. He reported that the study issue is mandatory to be in compliance with the state legislature that will be effective on July 1, 2003. He gave a brief summary of Assembly Bill 1866 requiring local agencies to consider accessory living units filed on or after July 1, 2003 ministerially without discretionary review or a hearing. He noted that this legislature is a minor change to the ordinance.

Comm. Satterlee asked staff whether staff considered floor area ratio limitation to address accessory living units exceeding the 45% FAR that would not be subject to a public hearing under the new law. Ms. Ryan responded that because of the square feet requirement allowing an accessory living unit, it would be unlikely to meet the threshold.

Comm. Swegles asked staff whether in an R-2 zoning district, the lot size requirement is 5,000 square feet before an accessory living unit is allowed. Staff said yes.

Comm. Swegles further asked staff if there would be no restriction for this lot size. Ms. Ryan responded that the application has to meet lot coverage and setback requirements.

Vice Chair Babcock opened the public hearing.

There was no one in the public to speak on the item.

Vice Chair Babcock closed the public hearing.

Comm. Chu made a motion on Item #2003-0045 to introduce an Ordinance amending Sunnyvale Municipal Code sections 19.12 and 19.18 concerning accessory living units. Comm. Swegles seconded.

Motion carried 5-0 with Chair Simons and Comm. Lee absent.

Ms. Ryan stated that the City Council will consider the item on June 10, 2003.

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