Cupertino planning commission asks staff to return with draft objective design standards for multifamily housing

The Cupertino Planning Commission on Oct. 28 reviewed sample objective design standards (ODS) for new multifamily and residential mixed‑use development and asked staff to return with an administrative draft for Commission review before the matter goes to the City Council.

The discussion, led by Chair Rau and consultants from PlaceWorks, reviewed ODS examples from Sunnyvale, San Mateo, Palo Alto, Foster City and Los Gatos. Greg Goodfellow, a PlaceWorks consultant, summarized formats cities use — standalone manuals, code‑embedded standards and tools such as tabular metrics, 2D/3D diagrams and point‑based scoring. “What we want to do tonight is actually, as Luke said, revisit the history of the project… and then talk about some of those sample objective standards packages,” Goodfellow said.

Why it matters: state housing laws and the density‑bonus framework can allow developers to waive local standards when a project includes affordable units. Commissioners and PlaceWorks staff debated how much practical effect ODS will have on projects that are able to use state density‑bonus provisions to opt out or obtain waivers. Goodfellow said the interplay of recent state laws has made it harder to quantify how often ODS change final project designs.

Key points and commissioner requests

- Scope and target audience: Commissioners asked that the ODS explicitly address “missing‑middle” development (duplexes, triplexes and quadplexes). PlaceWorks recommended a separate section or tailored standards for 2–4‑unit projects because those projects generally are not eligible for density bonus waivers and therefore are more likely to be governed by local standards.

- Draft review before Council: Chair Rau and multiple commissioners said the Planning Commission should see a full administrative draft before City Council sees it, and that the Commission might need more than one look. Staff agreed to return with an administrative draft.

- Outreach and developer input: Several commissioners favored holding at least one additional public community session and a formal developer roundtable. PlaceWorks and staff said Cupertino held an open house in February but has not run a formal developer roundtable to date.

- Format and content: Commissioners praised Sunnyvale’s use of tables, diagrams and a point‑based approach for clarity, and suggested including richer contextual intent statements (as Palo Alto uses) to guide discretionary review. Commissioners asked that any illustrative photos or diagrams be practical to maintain and that graphic elements not impede usability.

- Implementation and transparency: Commissioners asked that the ODS package include a checklist usable by applicants and staff. Staff agreed the checklist would be part of the package (likely as an appendix) and recommended a process where staff decisions are circulated to commissioners for transparency.

- Applicability to additions and remodels: Commissioners and staff discussed treating additions and significant remodels differently from full redevelopment and agreed the Commission could direct staff to propose exemptions or alternative standards for remodels so that longstanding units are not unduly burdened.

- Conflicts and technical constraints: Vice Chair Kassel Schurung flagged that tree spacing (an example standard in some sample ODS) can conflict with fire access requirements. Staff said they will reconcile landscaping/tree guidance with fire‑safety and other technical codes.

Public comment

Resident Jennifer Griffin told the commission she opposed adopting ODS tied to state housing laws, saying the city should not be compelled by state policy. “We need to take, just don’t do it,” Griffin said, criticizing recent state housing legislation and urging the city to resist what she described as state overreach.

Formal actions

The only formal vote recorded during the meeting was the approval of the Oct. 14, 2025 Planning Commission minutes. The clerk announced the motion carried unanimously with one commissioner absent.

What happens next

Staff and the PlaceWorks team will prepare an administrative draft of objective design standards that reflects Commission feedback, with consideration for a missing‑middle section, a staff/applicant checklist, outreach (community session and possible developer roundtable), and technical coordination (fire code, tree spacing). The Commission requested that it review the draft before staff forwards the item to City Council.

No ordinance or binding policy was adopted at the Oct. 28 meeting; commissioners provided direction to staff and requested a draft for future review.