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February 26, 2025

Cupertino Council Protects the City by Rezoning

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Last week, Cupertino’s City Council took steps to ensure their 8-year housing plan remains in compliance with State law, helping to ensure growth is directed where the City has prioritized and planned for it. Learn more.

On February 18th, the Cupertino City Council rezoned a parcel of land within the city (changed local regulations about how land can be used), showing leadership despite considerable public confusion about the action Council was called to take. This action was necessary to correct an error in the City’s prior rezoning for a Priority Housing Site (land identified for housing growth) in the 6th Cycle Housing Element. Amending the Zoning Map helped protect Cupertino’s Housing Element against decertification by the California Department of Housing and Community Development (HCD). 

Correcting an oversight: The Government Code requires zoning ordinances to be consistent with the General Plan, including the Housing Element of the Plan. Because of a simple error, the zoning for Housing Element Site No. 24, located at 20865 McClellan Road, was not consistent with the certified Housing Element, which specifically includes this parcel in a zoning district that allows townhouses. 

Priority Housing Site No. 24 is the only site designated R3 (multifamily housing) in the Housing Element that mistakenly did not receive the “TH” (townhome) district designation. Rezoning this site to match the permissible development in the Housing Element allows the city to fulfill the legal requirement of General Plan consistency. This should not have been controversial, especially since the current R3 zoning already allows for the construction of apartment buildings at the same density proposed in this item’s rezoning. While there is also a current application for development of townhomes on this site, vocally opposed by some residents, the application is not related to the City’s obligation under its state-certified Housing Element. 

Without the change, HCD could find that the City has failed to meet its Housing Element obligations, which could lead to decertification of the Housing Element and further exposure to the Builder’s Remedy, loss of access to some state and regional funding sources, and other consequences associated with SB 330. Cupertino’s Housing Element was created with extensive community engagement and stakeholder outreach, as well as research and careful selection of the most appropriate sites for planned growth. SV@Home applauds the Council’s actions, and believes that taking necessary steps to keep the Housing Element in compliance with State law is in everyone’s best interest, as it helps ensure growth is directed where the City has prioritized and planned for it.