Cupertino Facts

Category: Housing & Development

  • Responsible Governance in Action: Cupertino City Council on SB9

     What is SB9?

    SB9 is a California state law that allows single family homeowners to split their residential lot into two separate lots. Further it permits the construction of up to two new housing units on each of the separate lots.

    SB9 requires all cities to comply with the law.

    How did the City Respond?

    In order to respect the letter and the spirit of the law the City of Cupertino has taken steps to define objective standards to govern lot splitting and the building of new units on them.

    Interim Urgency Ordinance

    The first step was to issue an Interim Urgency Ordinance 21-2235. The city followed the following principles. (Page 4 of Staff Report [2])
    The key guiding principles in development of the Interim Urgency ordinance were to: 

    1. Preserve neighborhood character while accommodating increased density; 
    2. Maintain privacy protection for existing residents; 
    3. Minimize pedestrian, motor vehicle, and bicyclist conflicts from changes to sidewalk and roadway infrastructure necessary to accommodate increased density; and 
    4. Protect environmental resources while maintaining the ministerial level of review required by State law. 

    This ordinance was temporary and is going to expire by the end of the year, 2022

    Public Comments & Feedback

    In September 2022, the City conducted multiple sessions to gather community feedback about the interim ordinance and what changes the residents’ preferred before it became final. 
    One specific area of feedback was on flag lots: many residents expressed that the city permit the creation of flag logs when the existing lot is larger than a typical lot. As a result the City is now proposing a revised draft which clearly defined rules on when the lot split could be used to create flag lots (Pages 6-7 of Staff Report [2])

    Transparency & Objective Standards

    While the city does not control what laws are passed at the state-level, we do have influence on how the laws are interpreted. The objective standards allow for clear guidelines, which reduce uncertainty both for the property developers and the residents.
    The City also demonstrated how the residents have a say on how the objective standards are set by incorporating the suggestions on flag lots.

    Thank You, City Council!

    Laws which bring objectivity and reduce discretion enable a level playing field, for all developers and property owners. That transparency ensures that special interests are not able to exert influence to get undue favors for themselves, without incorporating the interests of the residents, especially the neighbors of the property under redevelopment.
    [1] https://www.myhomestead.com/sb9-handbook-for-homeowners

  • Responsible Governance in Action: Cupertino City Council on SB9

     What is SB9?

    SB9 is a California state law that allows single family homeowners to split their residential lot into two separate lots. Further it permits the construction of up to two new housing units on each of the separate lots.

    SB9 requires all cities to comply with the law.

    How did the City Respond?

    In order to respect the letter and the spirit of the law the City of Cupertino has taken steps to define objective standards to govern lot splitting and the building of new units on them.

    Interim Urgency Ordinance

    The first step was to issue an Interim Urgency Ordinance 21-2235. The city followed the following principles. (Page 4 of Staff Report [2])

    The key guiding principles in development of the Interim Urgency ordinance were to: 


    1. Preserve neighborhood character while accommodating increased density; 
    2. Maintain privacy protection for existing residents; 
    3. Minimize pedestrian, motor vehicle, and bicyclist conflicts from changes to sidewalk and roadway infrastructure necessary to accommodate increased density; and 
    4. Protect environmental resources while maintaining the ministerial level of review required by State law. 

    This ordinance was temporary and is going to expire by the end of the year, 2022

    Public Comments & Feedback

    In September 2022, the City conducted multiple sessions to gather community feedback about the interim ordinance and what changes the residents’ preferred before it became final. 

    One specific area of feedback was on flag lots: many residents expressed that the city permit the creation of flag logs when the existing lot is larger than a typical lot. As a result the City is now proposing a revised draft which clearly defined rules on when the lot split could be used to create flag lots (Pages 6-7 of Staff Report [2])

    Transparency & Objective Standards

    While the city does not control what laws are passed at the state-level, we do have influence on how the laws are interpreted. The objective standards allow for clear guidelines, which reduce uncertainty both for the property developers and the residents.

    The City also demonstrated how the residents have a say on how the objective standards are set by incorporating the suggestions on flag lots.

    Thank You, City Council!

    Laws which bring objectivity and reduce discretion enable a level playing field, for all developers and property owners. That transparency ensures that special interests are not able to exert influence to get undue favors for themselves, without incorporating the interests of the residents, especially the neighbors of the property under redevelopment.

    [1] https://www.myhomestead.com/sb9-handbook-for-homeowners

    [2] Staff Report 22-11472 (Planning Commission)

  • SB10: 10 (+4) Units on Single Family Lot

    What does SB10 Permit?

    The SB10 law allows a 10 unit apartment building (upto 14 units including ADUs/JADUs) [1] on a single family lot located within half a mile of transit. Most of Cupertino is within half mile of public transit (VTA) on Stevens Creek Blvd, De Anza Blvd, Foothill Blvd etc.
    Unlike other laws like SB9 and SB35, SB10 is not mandatory. Local cities can chose to implement it or not.

    City Council Ordinance

    To permit the construction of 14 unit buildings on single family lots, all the City Council needs to do is to pass an ordinance permitting such construction. The ordinance will override any restriction due to voter approved resolutions.

    SB10 effectively allows the City Council to enable construction of multi-story, 14 unit buildings in a lot currently occupied by a single family home. [2]

    Flashback: Height Limits at Vallco

    During the Fall of 2017, Cupertino Council Members Darcy Paul and Steven Scharf had proposed that the city enact height limits on buildings in commercial areas. The proposal was welcomed by Rod Sinks.

    However, when it came to vote two weeks later Rod, Savita & Barry voted against it.
    You can watch the video below to understand how, in November 2017, the City Council ignored residents’ interest to permit buildings without height limits.

    That failure to not put any height limits, allowed Vallco investors to propose a design with 26 story high towers in their SB35 proposal. [3]

    Why does it Matter: History Can Repeat Itself

    Like the Vallco case, an investor friendly council can also relax height and Floor Area Ratio limits in our  single family neighborhoods, 

    That would allow the construction of multi-storied buildings with 14 residential units, on the lot next to your single family home!
    For investors buying a lot for $2M and building up to 14 units, each selling for $1-$1.5M+ is a windfall.

    JR Fruen: Whose Interests do you think he will represent?

    Endorsed by the Author of SB10
    Senator Scott Weiner, who gets the highest amount of funding from real estate interests, and is the author or co-author of SB9, SB10 and SB35 bills has endorsed JR Fruen.
    Note that Cupertino is well ahead of most nearby cities when it comes to housing obligations; something  Scott Wiener failed to mention.

    Funded by Vallco

    J R Fruen, used to run a PAC which received $29,000 [4] from Vallco investors in 2018. He represents the same investor interests’ who influenced the city to not put any reasonable height limit on the Vallco property.


    Cupertino For All: Support for SB Laws

    JR Fruen is the co-founder of Cupertino for All.

    Cupertino For All is very supportive of state laws like SB9/SB35 which take away local control. How do you think he will vote on SB10 approval related ordinances?


    Please do not vote for candidates like JR Fruen, who will be inclined to permit SB10 projects; it can mean the end of Cupertino’s Single Family Home Districts.