Author: webadmin

  • YIMBY Takeover of Cupertino City Council

    YIMBY Takeover of Cupertino City Council

    In this post we want to shed light on how YIMBY groups are dictating Cupertino’s future.


    YIMBY is an acronym for “Yes in My Back Yard”. It refers to groups who support in-fill redevelopment in urban areas. Over the past decade they have gained a lot of prominence, as they leverage the housing affordability concerns in California, to drive their political agenda.

    But who are the YIMBY? And who sponsors them? Are they truly focused towards improving the affordability of housing and housing justice? Or are they simply interested in helping developers maximize their profits by building bigger in existing high cost housing areas?

    Housing Justice Advocates Views on YIMBYs

    Housing Is A Human Right, is a housing justice group which is focused on ensuring basic housing access for all. They studied how the CA politicians are impacting the housing situation. In 2022, they published a book titled Selling Off California: The Untold Story which uncovers what key politicians (eg: Senator Scott Weiner), YIBMYs, and Big Real Estate are achieving by their policies.

    In the 1st Chapter, the author, Patrick Range McDonald,  writes:

    When I joined Housing Is A Human Right as an advocacy journalist, I wrote extensively about Big Real Estate, Wiener, and YIMBYs, who also advance the real estate industry’s scheme to make billions, probably trillions, at the expense of hard-working people.I’ve learned many things about them all. Things they don’t want you to know.

    The Progressive Elements of the Democratic Party have also expressed concern. Dean Preston, a member of the San Francisco Board of Supervisors, and a member of the Democratic Socialist of America (DSA) stated an interview that:

    The so-called YIMBY folks have redefined a “NIMBY” to be anyone that doesn’t just jump when the real estate industry says jump, and they’ve become a very toxic force. They have been attacking me for years, attacking pretty much anyone who demands things that actually help a community as part of development—either investments in transit or investments in affordable housing. They have evolved over the years into what is now just a complete disinformation campaign.

    Cupertino For All: Cupertino’s Hometown YIMBY Org

    Cupertino For All (C4A), is a YIMBY group incubated by current Cupertino City Council Member, JR Fruen. JR Fruen’s relationship with the Real Estate Lobby is well documented.

    In 2018, he ran a PAC which received tens of thousands of dollars from real-estate interests to support City Council candidates aligned with real-estate interests. His 2020 and 2022 campaigns for city council also received similar support (Read More). He has also served as a lawyer for a YIMBY orgs.

    Other leaders of Cupertino For All include Jean Bedord and Connie Cunningham who act as Information Officers advocating for high density developments across all of Cupertino with reduced parking requirements .

    Cupertino Housing Element: JR Fruen’s Letter to City Council (August 2022)

    As regular readers may be aware, Cupertino’s Housing Element (HE) was delayed by the City Council elected in November 2022, with the final plan approved in September 2024.

    After multiple quarters of effort, the City Staff had developed a HE plan. The plan was discussed at multiple Planning Commission & City Council meetings in 2022, with draft being ready by October 2022. JR Fruen, representing himself as the Policy Director for Cupertino For All, wrote to the City Council demanding:

    1. To not count pipeline projects towards meeting the housing unit requirements
    2. To increase the buffer of additional housing from 17% in the city’s draft proposal
    3. To increase the size of the homes allowed in different zones (without attention to aesthetics or impact on neighbors), upzoning to increase the number of homes allowed, and eliminating parking requirements.

    Council Behavior after Nov 2022 Elections

    JR Fruen was elected to the Cupertino City Council in the Nov 2022 election, along with Sheila Mohan, replacing the incumbent Darcy Paul (term out) and John Willey (did not run).

    For the December 20, 2022 City Council meeting, Cupertino For All submitted multiple communications (same form letter) expressing concern with Cupertino’s HE Plan draft (link here). The letter included endorsements from Jean Bedord, Connie Cunningham & Louise Saadatti, asking for a comprehensive redo of the Housing Element draft.

    Delaying HE Filing Resulting in Automatic Default

    The new city council did not submit the housing element created by the City Staff for almost three months after the election. The deadline for a compliant HE was Jan 31, 2023, and the City did not submit the draft approved on August 30, 2022 until February 3,2023. This put the city in automatic default, opening the flood-gates to Builder’s Remedy projects and YIMBY lawsuits.

    Lobbying HCD to Not Approve Cupertino’s HE Draft

    After delaying the draft to miss the Jan 31, 2023 deadline, Cupertino For All, and other YIMBY groups also wrote to the HCD asking for more changes in Cupertino’s draft submission. In response HCD  wrote back to the city on May 4, 2023 noting that:

    HCD considered comments from South Bay YIMBY,YIMBY Law and Greenbelt Alliance, YIMBY Law, David Kellogg, Cupertino For All, and several residents pursuant to Government Code section 65585, subdivision (c) The draft housing element addresses most statutory requirements; however, revisions will be necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code).

    Back to the Drawing Board

    Even though the HCD letter clearly stated that the housing element addresses most statutory requirements the City Council decided to completely redo the housing element. The final draft was submitted more than a year after the original deadline, with approval coming in September 2024, more than two years after the August 2022 meeting where the city council discussed the original draft.

    While redoing the HE, the elements asked for by YIMBY groups as exemplified by JR Fruen’s letter were incorporated in the HE. 

    1. About 1316 homes in the pipeline were removed and not counted against the 4588 required
    2. The buffer to the 4588 requirement was increased substantially from 787 (17%) to 1293 (28%). This forced the city  to identify locations to build approximately 1822 more homes than the original plan.
    3. There were extensive modifications to the city ordinances and building guidelines to increase the size of the houses permitted, along with a reduction in parking requirements. This included change the zoning of around 1600 single family lots (R1) on corner lots or those close to retail or major arteries to R3-condo standards which would have allowed big bulk buildings with just 5 ft setbacks and height restrictions relaxed.

    Downgrade in Compliance from “addresses most” to “addresses many”

    The 2nd draft submitted by JR Fruen led council in October 2023, was judged by HCD as “addresses many statutory requirements”. This was a downgrade in compliance with how the first draft was evaluated by HCD, and led to the settlement of the YIMBY lawsuit.

    YIMBY Lawsuit Settlement: Builder’s Remedy Plans Welcome

    In January 2024, the city decided to settle a lawsuit filed by YIMBY organizations, allowing Builder’s Remedy projects and also exempting Housing Element sites from CEQA (Environmental Review). Note that the settlement of this lawsuit gave a green light to Builder’s Remedy projects including the giant condominium on Scofied Drive on a single family lot.

    Increasing Permitted Home Size: June 18, 2024 Letter from Cupertino For All


    JR Fruen’s group, Cupertino For All, also wrote to the City asking for more changes in a letter dated June 18, 2024 (on agenda for July 2, 2024 City Council meeting (File # 24-13102). We are including key excerpts from the letter at the end of this post.

    The City Council of Cupertino, decided to adopt most of the demands by Cupertino For All which impact how large buildings can be in different zones of the city (height limits, number of stories, floor area coverage, setbacks from property line) and also reduced parking requirements. Sheila Mohan and Hung Wei voted YES in support of JR Fruen’s proposals, while Liang Chao and Kitty Moore typically voted NO.

    YIMBY Sponsored Council

    Hung Wei and Sheila Mohan’s support for YIMBY sponsored changes to increase building size, is not surprising. Both of them have been endorsed by YIMBY groups (eg: Sheila in 2022) and Hung Wei in 2020.

    Kitty Moore and Liang Chiao opposed the motions since these changes were not recommended by staff or public input, and bigger units are against the mandate for affordable housing. However, since the City Council majority is controlled by YIMBY sponsored candidates, their NO vote did not make a difference.

    What does that mean for Builders?

    Note that the latest demands by Cupertino For All, have little to do with the number of housing units, but are designed to allow buildings with bigger footprint. In Cupertino, where the average price per square feet (~ $1350) is almost 4X the cost of construction (~$350 sq/ft), every incremental sq. ft. a builder adds about $1000 to their profit.

    The very group claiming to champion affordable housing is, in fact, contributing to the inflation of housing prices by changing building regulations to allow much bigger homes than before.

    What does that mean for Existing Residents?

    We will consider the Evulich Ct development on Linda Vista Drive, which is in the middle of a single family neighborhood, with one or two story homes. The site was up zoned from an R1 site with a maximum density of 5 homes/acre, to R3/TH requiring a minimum housing unit density of 20 homes/acre to a maximum of 35 homes/acre.

    Though the R3 zone has a height limit of 30 ft, density bonus laws allow the builders to waive those requirements. Initial designs submitted by Summerhill, are asking for a density bonus waiver for various city requirements including the 30ft height limit.

    Note that these exemptions are on top of the home-size enlarging changes demanded by Cupertino For All, many of which have been incorporated in the City’s Code.


    Take our City Back from YIMBYs

    It’s clear that YIMBY groups like Cupertino For All, are a front to enable builders to make huge profits, without any regard to the quality of life of existing residents. With the backing of the powerful Real Estate lobby, and lawmakers beholden to them (eg Scott Wiener), they misuse affordable housing as an excuse to bypass zoning guidelines in the most expensive neighborhoods in the country.

    We have the choice to elect City Council members who are not beholden to these Real Estate interests, and will also consider the interests of the existing residents of the city in their decision framework.


    Extracts from Cupertino For All Demands to allow Bigger Homes (June 2024)

    Note: The article was updated to reflect new information we unovered about the city’s second HE draft submitted in October 2023. on October 25, 2024.

  • One & a Half Years of Builder’s Remedy: How We Got Here

    One & a Half Years of Builder’s Remedy: How We Got Here

    Last December we highlighted how the Cupertino City Council was making changes which would drastically alter the character of its Single Family Neighborhoods. Another risk to the single family neighborhoods is what is called Builder’s Remedy.

    Builder’s Remedy is a new interpretation of a California Housing Accountability Law (1990) which allows developers to ignore the zoning requirements of the area. They can build whatever they want as long as 20% of the homes are reserved for low income housing or 100% for middle income housing. Builder’s Remedy comes into play if the City does not have an approved Housing Element (HE) plan with the state’s Department of Housing and Community Development (HCD)

    October 2022 HE Plan

    In spite of the challenges posed by the pandemic, the City of Cupertino had a draft of the Housing Element (HE documents available here) ready in October 2022 for public review. This was a quarter before the filing deadline of January 31, 2023. The plan had provisions for 117% of the requirement the city was expected to fulfill.

    Default by Three Days

    After the November 2022 elections, JR Fruen & Sheila Mohan replaced Darcy Paul & Jon Willey in the Cupertino City Council. Along with the incumbent Hung Wei, this led to shift in control of the council, with the resident-focussed leaders being in the minority. JR Fruen is the founder of Cupertino For All, a YIMBY lobbying group, and has received substantial funding from real-estate related interests both for his City Council Campaign, and for running a PAC (2018) supporting builders interests.


    The new city council submitted the HE to the HDC on February 3, 2023,  three days after the official deadline of Jan 31, 2023. Not having the plan on file, by the January 31st deadline, put Cupertino in automatic default of the HAA and opened the flood-gates for Builder’s Remedy projects and YIMBY lawsuits.

    Delaying the Housing Element Plan by Nineteen Months

    HCD reviewed Cupertino’s Feb 2022 submission, and wrote back to the city on May 4, 2023 with the ruling that:

    The draft housing element addresses most statutory requirements; however, revisions will be necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code)

    It also stated that:  

    HCD considered comments from South Bay YIMBY, YIMBY Law and Greenbelt Alliance, YIMBY Law, David Kellogg, Cupertino For All”. 

    Yes, you read it right. Cupertino For All, the organization incubated by JR Fruen, demanded changes in the HE submitted by Cupertino, where JR Fruen himself is a council member! 

    Earlier in August, 2022, JR Fruen, had written to the City, as the Policy Director for Cupertino For All, asking the council to not consider the pipeline projects at Vallco & Hamptons as part of the HE, asking for a larger buffer, and questioning why more sites were not being up-zoned. (Page 81-83 of communications for Aug 16 meeting)


    After getting elected to the City Council, with the support of Mayor Hung Wei & Sheila Mohan, JR Fruen drove the process of redoing the HE with the final plan submitted in March 2024, more than an year after the Jan 31, 2023 deadline; it was accepted in September 2024. During the nineteen months period the HE was delayed, the council removed many pipeline projects from the HE, added more sites, upzoning them along the way without adequate community input

    The final HE is expected to increase the total number of housing units in Cupertino by 30%! Delaying the HE by nineteen months, to satisfy YIMBY organizations’ desire to upzone sites showed a complete disregard to the risk posed by Builder’s Remedy.

    During these one and a half years, Cupertino had no defenses against Builder’s Remedy projects

    Builder’s Remedy Proposals

    There are two projects which we want to discuss in this post which give us a window for what is in store for us in the future. 

    20739 Scofield Drive

    This proposal is to construct a FIVE story, 20 unit condominium to replace a single family home on Schofield Drive near Faria Elementary School.

    Proposed five-story condominium complex in a single family neighborhood

    The single family home which will be replaced by the five story condominium


    Vista Heights (former McDonald Dorsa quarry)

    This proposal is combining three parcels zoned for Residential Hill Side (RHS) and converting them to a development with 35 homes and a commercial gymnasium. The entry to the complex will be via a road which ends inside Linda Vista Park. The City RHS Ordinance is designed to preserve the natural setting of the hillside and protection from natural hazards like fire & landslides, but it will no longer be applicable since this is a Builder’s Remedy project.

    A similar proposal on this site requesting a General Plan Amendment  had been considered by the City Council in 2019 but did not receive a go-ahead due to the steepness of the land, and the amount of regrading needed to make the plan feasible.

    Neighborhood Impact

    Both these projects are fundamentally altering the nature of the neighborhoods. The Scoffield drive plan is putting a five-story building in the middle of a quiet tree-lined street in a single family neighborhood.

    Street View of Scofield Drive: A quiet residential street

    The Vista Heights project will require significant regrading to carve out building-pads for the 30+ homes, on a steep hill. This will impact the stability of the hill, possibly increasing the risk of landslides and putting neighboring homes at risk. It will also route commercial traffic through Linda Vista Park, coming down a steep sloping road, impacting the safety of the residents, especially children using the park.

    This trend of building five story buildings on single family lots will drive existing homeowners out of Cupertino and also discourage future single family  home buyers from Cupertino. Cupertino homes demand a premium pricing, and new buyers will be reluctant to pay that premium if the lot next door can be converted into a five story condominium.

    What Can We Do?

    These projects serve as a reminder of the risk to our quality of life when our city council does not represent the interests of existing residents, but prioritizes maximizing the profits of real estate developers.

    For the time-being, the city will not be required to accept any new Builder’s Remedy projects since the Housing Element Plan has been accepted by the HCD. However, there are other laws which can lead to similar construction (eg: SB10 which allows 14 units on a single family lot). A new Housing Element plan will also be required in a few more years.

    The residents of Linda Vista neighborhood are petitioning the City Council to review those decisions, and Scofield residents have actively pushed back against the developer. However, the best way to preserve our neighborhoods is to elect a city council which is not beholden to builders’ interests and will keep existing residents’ interests in mind when developing the city.