Cupertino

Surplus Properties for Housing

Explore opportunities on surplus properties.

The City worked with local public agencies, school districts, and churches to identify surplus properties that have the potential for residential development. There were no surplus properties available from any school districts or churches for the City to pursue. The City continued to support the Rotating Safe Car Park (RSCP) program on church property. The City has seen an interest from St. Jude's Church for a development of a portion of their property with affordable housing. The City is working on rezoning this property to accommodate the development that they envision as part of the 6th Cycle Housing Element update.

Density Bonus Ordinance

Encourage the use of density bonuses and incentives for housing developments.

All the sites listed in the 5th cycle table with the exception of (APNs: 316-06-059, 316-06-060, and 316-06 -058) have been awarded density bonuses, incentives, waivers, and/or reduction in parking standards. They were approved by the City between 2016 and 2022.

Extremely Low-Income Housing and Housing for Persons with Special Needs

Continue to encourage the development of adequate housing to meet the needs of extremely low-income households and person with special needs.

The City continued to provide financing assistance using the BMR AHF and CDBG funds. The City coordinated with a number of groups to engage in discussions about grant funding opportunities, regional housing needs, and efforts to address homelessness. The City participated in the following groups: Santa Clara County PLHA Consortium, Regional CDBG/Housing Coordinators Group. The participants in these groups, including the City, work together to pool their knowledge and share expertise. The County’s Office of Supportive Housing helps to coordinate these efforts and provides the participants with invaluable technical assistance. Through the SCC PLHA Consortium, the City was awarded an allocation of PLHA funding and is currently working towards implementing the funding for projects in Cupertino. In addition, the City provides technical assistance to the public service agencies it funds. The City also participates in the Santa Clara County HOME Consortium. The City worked with nonprofits and developers to review the feasibility of residential uses on two potential affordable housing sites (Mary Avenue). The City issued an RFP (request for proposals) for the site and received interest from one developer.

Employee Housing

Permit employee housing in multiple zoning districts.

The City amended the zoning code in 2014 to allow employee housing in multiple zoning districts. In 2023, the City continued to implement the City's zoning code to allow employee housing in multiple zoning districts. The Zoning Ordinance is regularly updated to comply with state law.

Supportive Services for Lower-Income Households and Persons with Special Needs

Continue to utilize the BMR AHF, CDBG, and General Fund Human Services Grants (HSG) funds to provide for a range of supportive services for lower-income households and persons with special needs.

In 2023, the City took various steps to provide supportive services for lower-income households and persons with special needs, including: • Continuing the City Unhoused Task Force to address the needs of unhoused residents. • CDBG $21,405.76 to Live Oak Adult Day Services, a senior adult day care. • CDBG $38,054.69 to West Valley Community Services (WVCS) CARE Program, a community access to resource and education program. • HSG $10,000 to Catholic Charities of Santa Clara County, a long-term care ombudsman program. • HSG $25,000 to Maitri, a transitional housing direct client services program. • HSG $15,000 to Senior Adult Legal Assistance, a legal assistance to elders program. • HSG $65,780 to WVCS Haven to Home program, a supportive services and housing resources program for the homeless. • The City continued to oversee the WVCS Homeless Jobs Program which provides up to eight months of employment and job training for two unhoused residents in Cupertino.

Heart of the City Specific Plan

Reduce constraints to housing development and ensure that the designated sites can obtain the realistic capacity shown in the Housing Element.

The Heart of the City Specific Plan was completed in May 2015.

Rotating Homeless Shelter

Continue to support the operation of a rotating homeless shelter.

In 2023, the City continued partnering with the Rotating Safe Car Park (RSCP) program. The RSCP program is an emergency homeless program made up of a network of local city governments, service organizations, and volunteer faith-based host sites that provide temporary overnight parking for homeless individuals/families living out of their cars. In addition, through $65,780 in CDBG funding to the WVCS Haven To Home Program, the City assisted 79 households by providing services to prevent homelessness.

Housing Resources

Provide information on housing resources and services offered by the County and other outside agencies to Cupertino residents and developers interested in providing affordable housing.

In 2023, the City provided information on housing resources and services to: • County Measure A Affordable Housing Bond • County Mortgage Credit Certificate • Housing Trust Silicon Valley First-Time Homebuyer Assistance and Developer Loans • Project Sentinel Fair Housing Services • Housing Authority Section 8 Vouchers • West Valley Community Services In addition, the City worked with nonprofit organizations in providing programs and services for low-income households and private industry, in particular financial and development groups, to encourage the development of affordable housing opportunities regionally and in the city (see Program HE-2.3.3). The City provided technical assistance to the public service agencies it funded. The City coordinated with a number of groups to engage in discussions about grant funding opportunities, regional housing needs, and efforts to address homelessness. The City participated in the following groups: Santa Clara County PLHA Consortium, Regional CDBG/Housing Coordinators Group, and West Valley Collaboration group. The participants in these groups, including the City, work together to pool their knowledge and share expertise. The County’s Office of Supportive Housing helps to coordinate these efforts and provides the participants with invaluable technical assistance. Through the SCC PLHA Consortium, the City was awarded an allocation of PLHA funding and is currently working towards implementing the funding for projects in Cupertino. The City continued to support the WVCS Homeless Jobs Program which assists two unhoused Cupertino residernts per year, plus their families by extension. The City Council did not prioritize the Plan to End Homelessness for the FY 2023-25 City Work Program. This item was concluded, and no final version of the Plan was created. Unused funds will be returned to the General Fund.

Preservation of At-Risk Housing Units

Proactively contact the property owner of Beardon Drive, a housing project considered at risk of converting to market-rate housing, regarding its intent to remain or opt out of the affordable program.

In the event the project becomes at risk of converting to market-rate housing, the City will work with the property owner or other interested nonprofit housing providers to preserve the eight units. In 2019, as part of the BMR AHF program, the owner of Beardon Drive paid off the City's CDBG loan and indicated that the 8 units making up the property would continue to operate as affordable housing.

Housing Preservation Program

Grant approval of proposed developments or redevelopments on if the project will comply with the City's BMR program, the number of units provided on site is at least equal to the number of existing units, and adverse impacts on displaced tenants (four or more units) are mitigated.

The City continued to participate in studies of regional housing need and displacement, and consider policies or programs to address the indirect displacement of low-income residents as appropriate.

Neighborhood and Community Clean-Up Campaigns

Continue to encourage and sponsor neighborhood and community clean-up campaigns for both public and private properties.

The City continued to encourage and sponsor neighborhood and community clean-up campaigns for both public and private properties. The City promotes and staffs the following events available to the community: • Recology provides quarterly drop-off events for bulky items, construction waste, landscape waste, and hazardous waste (due to COVID, the quarterly events were cancelled and resumed in mid-2021). • The City staffs two annual creek clean ups- National River Clean Up Day and Coastal Clean Up Day.

Enforcement of Title 24

Continue to enforce Title 24 requirements for energy conservation and evaluate utilizing some of the other suggestions as identified in the Environmental Resources/Sustainability element.

The City continued to enforce Title 24 requirements for energy conservation and evaluate using some of the other suggestions as identified in the Environmental Resources/Sustainability element. In 2020, the City adopted REACH codes, which were further amended in 2022, that will assist in achieving the City's sustainability goals. The City has Chapter 16.58, Green Building Standards Code, that requires certain projects to achieve LEED certification or similar.

Flexible Development Standards

Encourage a range of housing options in the community.

The City continued to offer flexible residential development standards in planned residential zoning districts and consider granting reductions in off-street parking for senior housing. The Westport Project (2020) and Marina Plaza project (2022) were approved with waivers, an incentive to development standards, and a reduction in parking standards. Both projects are located within the Heart of the City Specific Plan and on a Housing Element site. In 2022, Canyon Crossing, with 18 townhome and apartments, and Alan Row with 9 townhomes and a JADU, were both approved using density bonus. In 2023, the City approved one project (Coachhouse) and reviewed another (Bianchi Lane) both of which utilized state density bonus law, specifically the waivers section of the law.

Coordination with Outside Agencies and Organizations

Partner with outside agencies and organizations in addressing local and regional housing needs.

The City coordinated with these groups to engage in discussions about grant funding opportunities, regional housing needs, and efforts to address homelessness. The City participated in the following groups: Santa Clara County PLHA Consortium, Regional CDBG/Housing Coordinators Group, and the US Department of Housing and Urban Development, among others. The participants in these groups, including the City, work together to pool their knowledge and share expertise. The County’s Office of Supportive Housing helps to coordinate these efforts and provides the participants with invaluable technical assistance. Through the SCC PLHA Consortium, the City was awarded an allocation of PLHA funding and is currently working towards implementing the funding for projects in Cupertino. The City Council did not prioritize the Plan To End Homelessness for the Fiscal Year 2023-25 City Work Program. This item was concluded, and no final version of the Plan was created. The unused funds will be returned to the General Fund.

Land Use Policy and Zoning Provisions

Accommodate the Regional Housing Needs Allocation (RHNA).

The City continued to provide adequate capacity through the Land Use Element and Zoning Ordinance to accommodate the RHNA allocation, monitor development standards, monitor sites inventory, and monitor development activity on Housing Opportunity Sites. City is currently working on the 6th Cycle of the Housing Element.

Residential Housing Mitigation Program

Continue to implement the Residential Housing Mitigation Program to mitigate the need for affordable housing created by new market-rate residential development.

The City continued to implement the Residential Housing Mitigation Program. The program applies to new residential development and includes the provision of BMR units or the payment of the "Housing Mitigation" fee. The BMR Linkage Fees Update study was completed and adopted by City Council on May 19, 2020, which included an increased requirement of 15%-20% for inclusionary ownership projects. In 2023, the BMR AHF provided funding to the following affordable housing projects, strategies, and services: •BMR Program Administration - 4 BMR ownership resales and 13 BMR rental turnovers •Fair housing services - $50,000 to Project Sentinel •$126,397.42 to the Homeless Jobs Program

Incentives for Affordable Housing Development

Continue to offer a range of incentives to facilitate the development of affordable housing.

In 2023, the City offered a range of financial assistance through the City’s BMR AHF, by partnering with CDBG. $88,966 in CDBG funds was provided to Rebuilding Together Silicon Valley, a low-income housing repair and rehabilitation program. To incentivize affordable housing development, the City supported the funding application of qualified affordable housing developers for regional, state, and federal affordable housing funds, density bonus incentives, flexible development standards, technical assistance, waiver of park dedication fees and construction tax, parking ordinance waivers, and expedited permit processing. The City coordinated with a number of groups to engage in discussions about grant funding opportunities, regional housing needs, and efforts to address homelessness. The City participated in the following groups: Santa Clara County PLHA Consortium, Regional CDBG/Housing Coordinators Group, and West Valley Collaboration group. The participants in these groups, including the City, work together to pool their knowledge and share expertise. The County’s Office of Supportive Housing helps to coordinate these efforts and provides the participants with invaluable technical assistance. Through the SCC PLHA Consortium, the City was awarded an allocation of PLHA funding and is currently working towards implementing the funding for projects in Cupertino.

Fair Housing Services

Continue to provide fair housing services, retain a fair housing service provider, coordinate efforts with the County Fair Housing Consortium, and distribute fair housing materials at public counters/events.

The City continued to provide fair housing services including outreach, education, counseling, and investigation of fair housing complaints. In 2023, BMR AHF funds were provided to the following fair housing services: •$50,000 to Project Sentinel, a landlord/tenant rental mediation program and fair housing program.

Office and Industrial Housing Mitigation Program

Continue to implement the Office and Industrial Housing Mitigation Program which requires that developers of office, commercial, and industrial space pay a mitigation fee which will then be used to support affordable housing in the City.

To help offset the loss of land, the City continued to implement the Office and Industrial Housing Mitigation Program. The City requires developers of office, commercial, and industrial space to pay a mitigation fee to support affordable housing. Mitigated fees are collected and deposited into the City's BMR Affordable Housing Fund (AHF) for the following fiscal years (FY) the following mitigation fees were collected and deposited and in the BMR AFH fund. In 2023, there was $175,873.48 in BMR AHF funds collected.

Residential Rehabilitation

Continue to utilize BMR AHF and CDBG funds to support residential rehabilitation efforts in the community.

The City utilized CDBG funds to rehabilitate owner-occupied housing. In 2023, the following CDBG funds were provided to the following rehabilitation efforts: • $88,966 in CDBG funds were provided to Rebuilding Together Silicon Valley for a low-income housing repair and rehabilitation program that assisted 4 low-income Cupertino households.