Cupertino council declines moratorium on student-housing conversions, adopts resolution to study student housing and tenant protections

Cupertino’s City Council declined to adopt an interim urgency moratorium that would have paused conversions of multifamily housing to student housing near Foothill–De Anza College District properties and instead approved a resolution directing staff to study options to protect tenants and encourage on‑campus student housing.

The council voted to approve the resolution 3–2, with Council members Fruin and Mohan voting no and Council member Wong, Vice Mayor Moore and Mayor Chow voting yes. The motion the council approved directs staff to pursue a study session and encourages construction of permanent on‑campus student housing while urging consideration of temporary alternatives that do not displace existing multifamily residents.

The dispute centers on the Foothill‑De Anza Community College District’s (FDCCD) effort to acquire McClellan Terrace Apartments, a roughly 300‑unit multifamily complex, a purchase the district’s representatives said the board moved forward on this week. District and college officials said the purchase would allow conversion of the property to deed‑restricted student housing and that all current residents would be permitted to remain under existing leases until June 30, 2026, with relocation assistance offered thereafter. Prometheus Real Estate Group, the current owner, said it planned to sell and has been coordinating tenant relocation options.

Why it matters: Supporters of the district’s plan told the council that many De Anza students are housing‑insecure and need nearby affordable beds to stay enrolled. Speakers representing De Anza, Foothill and student groups said the measure‑G bond funds passed in 2020 were intended for student housing and that repurposing an occupied apartment complex offered a faster path to housing than new construction. Opponents — tenants, K–12 parents and some residents — argued the complex provides rare naturally affordable housing within walking distance of neighborhood schools and called for time to study impacts on families, K–12 enrollment and neighborhood stability.

What the council heard: Dozens of speakers testified during the public hearing. FDCCD officials — Chancellor Lee Lambert, Vice Chancellor Christopher De La Rosa and Board President Peter Landsberger — said the district completed due diligence and would provide relocation assistance and financial help for tenants who must move. Supporters including student leaders and college staff described high rates of food and housing insecurity among De Anza students and urged the council not to block a project they say can be implemented quickly to serve hundreds of students.

Tenants and neighborhood advocates urged a pause. Multiple McClellan Terrace residents said their children attend nearby schools and that displacement would disrupt education and neighborhood ties. Tenant speakers and longtime residents asked the council for an urgency moratorium and time for interagency discussions so alternatives — such as using hotels, building on‑campus housing or phased approaches — could be explored.

Legal and policy context: City staff and the city attorney explained that an interim urgency ordinance would rely on Government Code Section 65858, which allows cities to adopt a temporary zoning moratorium (up to 45 days, extendable by 10 months and 15 days) when an immediate threat to public health, safety or welfare exists and the council intends to study a permanent change. Staff noted the district’s board voted to end due diligence and move forward with the purchase, that the sale price reported to the city was about $65.5 million, and that the district has retained relocation specialists. City planning staff said a permanent zoning change to prevent conversions would require a more substantial study, public outreach and legally defensible findings.

Council action and vote: Mayor Chow moved not to adopt the urgency moratorium and to approve the resolution directing staff to study student housing options and tenant protections; Vice Mayor Moore seconded. The roll call vote was: Fruin—No; Mohan—No; Wong—Yes; Moore—Yes; Mayor Chow—Yes. The motion passed 3–2. The adopted resolution is nonbinding policy direction; it does not impose a moratorium or change zoning by itself.

Details cited at the meeting: City staff described a timeline the district provided — sale closing in July and tenant displacement potentially required by June 30, 2026 — and estimated that a zoning study and new ordinance could take six to nine months to complete if the council chose that path. Speakers cited a range of figures for need and supply (examples in the record include campus studies, student surveys and community estimates); the precise number of students who would be housed by any particular conversion and the longer‑term housing impacts were not established at the meeting.

What’s next: The council directed staff to schedule a study session to examine student‑housing options, tenant protections and alternative short‑term housing strategies (for example, use of extended‑stay hotels or on‑campus construction). The resolution also asks staff to pursue coordination with FDCCD and to return with options the council can consider, including potential zoning approaches and protections for displaced tenants.

Quotes

"We need time to study — the college district needs to own up. This is not how we thought our tax dollars would have been used," Council member Wong said during deliberations.

"All current residents will be allowed to remain until June 2026," Christopher De La Rosa, FDCCD vice chancellor, told the council when describing the district's relocation plan.

"This moratorium isn't a rejection of students. It is a necessary pause," resident speaker Sashi Begoor said during public comment.

Ending note: The council’s action stops short of an immediate ban on conversions and instead tasks staff to develop a fuller record and options. Any future ordinance that would restrict conversions would require additional hearings, legally supported findings and likely several months of study before it could be enacted.