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Cupertino council approves Mary Avenue vacation and surplus declaration for 40-unit affordable housing amid parking and process objections

Cupertino City Council · March 4, 2026
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Summary

After hours of public testimony focused on parking, traffic and transparency, the Cupertino City Council voted to vacate a strip of Mary Avenue and declare the parcel exempt surplus land to enable a 40-unit, 100% affordable Mary Avenue Villas project (19 IDD units). Two council members voted no, citing insufficient evidence about parking and future festival demand.

The Cupertino City Council voted 3-2 to vacate a portion of the Mary Avenue right of way and declare the parcel exempt surplus land, advancing a 40-unit affordable housing project that includes 19 units targeted for residents with intellectual and developmental disabilities.

Council members approved the right-of-way vacation after staff characterized the strip as underutilized parking except during occasional festivals and argued adequate travel lanes, bicycle lanes and sidewalks would remain. "With the approval of the affordable housing project, construction of the project requires the vacation and would not be able to move forward without it," public works staff told the council. The city attorney advised the council that a CEQA exemption can apply when a future purpose (here, 100% affordable housing) is identified in the administrative record.

Why it matters: The decision clears a procedural obstacle preventing development of the Mary Avenue Villas, a project the city and housing advocates say will add critical…

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