Cupertino studies March toward parkland-protection ballot measure, requests zoning map and legal review
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Summary
City staff asked the council whether to explore a November 2026 ballot measure to require voter approval for rezoning parkland; council directed staff to return with a zoning map, legal review (including Government Code §38440), cost and timeline estimates and options for whether to include buildings such as the sports center.
City staff presented a study session on a possible November 2026 ballot measure to add voter approval protections for land designated as park and open space in Cupertino, prompting council questions about existing state law, zoning inconsistencies and the scope of any measure.
Acting Director of Administrative Services Jonathan Orozco told the council staff has researched measures in nearby cities and would seek direction before drafting any language. ‘‘This item seeks initial direction from council on whether to begin exploring potential ballot measures for the November 2026 election that would establish additional protections for the land designated as park and open space in Cupertino,’’ Orozco said. He cited Milpitas’ Measure K — which staff said passed with more than 85% support — as a model that requires two-thirds voter approval for rezoning or converting park/open-space parcels.
Council members asked staff to research whether state law already prescribes mandatory procedures for discontinuing parkland (Council Member Fruin cited Government Code section 38440 and following), requested a parcel-level map showing current zoning and land-use designations for park and recreation properties, and asked for cost and timeline estimates for drafting and placing a measure on the ballot. Public commenters advocated for protecting parks and for including buildings associated with parks (Cupertino Sports Center, senior center, Quinlan Center) in any protections.
The council did not take formal action; members expressed majority interest in receiving detailed analysis and directed staff to return with: a zoning map identifying PR/PR-related/BA/PBA parcels; a legal review of state statutes and any preemption concerns; options about whether to adopt Milpitas-style two-thirds language or broaden protections to include structures; and estimated consultant, drafting and election costs and deadlines for a 2026 ballot submittal. Staff said it would return with a proposed consultant scope and next steps if the council wished to proceed.
Next steps: staff will prepare the zoning map, a legal memorandum on Government Code §38440 and related law, cost/timeline estimates for drafting and placing a measure on the November 2026 ballot, and examples of different scopes (park parcels only vs. parcels + structures) for council consideration.