Cupertino planning panel finds Mary Avenue right-of-way vacation and disposition consistent with general plan after heated debate

The Cupertino Planning Commission on Feb. 10 adopted two resolutions recommending that city council find a Mary Avenue public right‑of‑way vacation and the subsequent disposition of the parcel consistent with the city's general plan, approving each recommendation by 3–2 votes.

The agenda item concerned a parcel identified in the housing element as Priority Site 10 and described in staff materials as a proposed 40‑unit, 100% affordable housing development with a set‑aside of units for people with intellectual and developmental disabilities (staff referenced 19 IDD set‑aside units and another tranche of very‑low‑income units). Staff and the city attorney told commissioners the commission's role was narrow: to determine whether vacating the right‑of‑way and disposing of the resulting parcel was "consistent with the general plan," not to approve the project, parking or traffic impacts (City Attorney: "That isn't set forth in the report," "perfectly consistent with the law").

Why it matters: the site is the only city‑owned housing element parcel of its type in Cupertino, and staff said it was rezoned and that council last week approved the development permit and a disposition and development agreement. Commissioners and members of the public…