Council amends zoning to add townhome overlay for 20865 McClellan Road despite neighborhood opposition

Cupertino City Council voted 4-1 on Feb. 12 to add the townhome combining district to the zoning for 20865 McClellan Road (Priority Housing Site 24), changing the site's zoning label from R3 to R3TH so it matches the housing element adopted last year.

The action addressed what staff called a clerical oversight during the city—s 2024 housing element rezoning. Planning staff told the council the site is a one-acre property long included in the housing-element inventory and was intentionally designated to allow townhome development; adding the townhome combining district does not change the density permitted on the parcel (the site remains at the 10to 20 dwelling units-per-acre range cited in the housing element) but specifies the housing form the element assumes.

The council hearing drew several detailed questions from members about the practical differences between the R3 and R3TH designations (setbacks, parking and typical building form), how density bonus law could affect design and waivers, and whether certifying the rezoning now would reduce litigation risk or loss of housing-element certification. Planning staff said the combining district primarily allows a townhome product type and does not increase maximum unit counts; they also told the council the change was recommended by the Department of Housing and Community Development (HCD) as part of the certification process and that the housing-element rezoning was otherwise certified contingent on completing the full set of rezonings.

Several neighbors who live near the McClellan site urged the council to downzone instead of formalizing the townhome overlay. Speakers said they were surprised the property had been rezoned during the housing-element process and raised concerns about neighborhood character, traffic and emergency access. Planning staff and council members repeatedly emphasized this agenda item was a zoning-correction, not a review of a specific project, and that a separate project application for the property (seeking single-family homes) is on file and will be processed independently.

After public comment and council deliberations, Councilmember Wong moved to approve staff—s recommendation and Councilmember Mohan seconded. The roll-call vote was Ayes: Fruin, Mohan, Moore, Chow; Noes: Wong. The ordinance amendment was adopted.

The council record shows the item went to the Planning Commission on Dec. 10, 2024, where the commission approved adding the combining district by a 3-2 vote amid neighborhood opposition. Staff reiterated that the rezoning action is a ministerial zoning correction taken to maintain consistency between the general plan, housing element and municipal code as required by Government Code Section 65860.

Council members asked staff to track potential downstream effects: whether a developer would pursue density bonus concessions that could alter setbacks and parking, and whether infrastructure capacity (utilities and street access) will be adequate when a project application is filed. Staff noted that density-bonus waivers and concessions are common and that any future project would return to review and environmental compliance as required.

Votes at a glance: The council approved the zoning map amendment changing 20865 McClellan Road from R3 to R3TH, 4-1 (Wong opposed). The item was described on the record as a zoning correction to match the housing element and not an approval of any development plan.

The council directed staff to continue outreach and to provide information on how future project review would handle neighbors' concerns about traffic, setbacks and potential impacts on existing single-family properties.