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Cupertino council approves Mary Avenue vacation and surplus declaration for 40-unit affordable housing amid parking and process objections
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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 below-market housing and dedicated units for an often underserved IDD population. Opponents said the council lacked sufficient on-the-ground data about how removing parking spaces would affect Memorial Park events, nearby developments and daily circulation.
Residents and business owners pressed the council during a long public hearing. Paul Krupka of the Garden Gate neighborhood said festival parking regularly fills Mary Avenue: "I found that 229 vehicles were parked on Mary Avenue, which equals 95% of the existing supply," he said, arguing the loss of spaces would create a sustained shortfall during events. Multiple speakers said staff traffic studies were not included in the meeting packet and urged the council to pause the vacation until more thorough analysis was provided.
City staff and supporters pushed back. The city attorney said the council's role on a streets vacation is a combination of legal findings and policy judgment, noting existing project approvals and the administrative record. "Because it specifically qualifies for an exemption because it's a project for basically 100% affordable housing," the attorney said, the Surplus Land Act and CEQA exemption pathways apply. Housing advocates including Connie Cunningham, chair of the city's Housing Commission, urged approval, saying the project balances housing, parking, sidewalks and bicycle facilities.
Council action and votes: The vacation motion was made by Council member Fruin and seconded by Council member Mohan; the roll-call vote was 3 in favor, 2 opposed, with Council member Wong and Vice Mayor Chao voting no. Immediately after the vacation passed, the council considered a Surplus Land Act declaration to exempt the parcel from surplus disposal procedures on the ground that the site is identified in the housing element and will be restricted for affordable housing; that measure also passed 3-2.
What happens next: If HCD concurs with the Surplus Land Act exemption, and other permits and financing milestones proceed, the development team will move toward final approvals and financing steps, including tax-credit allocation. The city attorney said covenants and provisions in the disposition and development agreement are designed to preserve affordability for the statutory period and specify reversion mechanics if the project fails to proceed.
Council split and concerns: Dissenting members said the record before the council did not contain adequate, clearly labeled parking-usage and festival-demand analyses to meet the statutory standard for a streets vacation and expressed concern about relying on documents filed in prior, separate proceedings. "Based on these facts, the council cannot determine that the right of way within the property limits is unnecessary for present and prospective public purposes," Vice Mayor Chao said during deliberations.
The council's action advances the Mary Avenue project but leaves unresolved debates about parking, festival demand and neighborhood impacts that residents and several council members said merit continued attention as the project moves through permitting and implementation stages.
