After marathon meeting, South Bay City moves toward housing project for disabled adults

Cupertino City Council narrowly approved an agreement to develop affordable housing for adults with developmental disabilities, after an hours-long discussion that pitted a dire housing shortage for disabled adults against a slate of concerns over parking, traffic and legal issues.

The project, known as Mary Avenue Villas, would be 100% affordable housing, and 19 of the 40 total units would go to those with intellectual or developmental disabilities, to allow them to live independently. The development would be built on a strip of land currently owned by the city adjacent to Highway 85 which hosts a vacant lot and street parking, near DeAnza College and Memorial Park.

Under the agreement approved Tuesday night, Cupertino would sell the land – valued at $7.2 million – to nonprofit developer Charities Housing for $1.00 for a 99 year contract, and offer over $3.9 million in loans through county funds and money from local fees to developers.

At Tuesday’s meeting, the City Council decided on an agreement that would set a roadmap for the development and the transfer of public land, a complicated legal process that would require a final approval from the council before it could move forward.

The project seeks to address what advocates paint as a dire shortage of housing for adults with developmental disabilities. In Santa Clara County, home to some 6,000 disabled adults, three of five adults with disabilities live at home due to a lack of affordable housing.

The project would also remove 89 to 95 public parking spots and narrow the nearby street — Mary Avenue — leading to concerns over traffic safety and parking accessibility, especially during festivals at nearby Memorial Park.

The conflict created a flashpoint between locals who wanted the project rejected, postponed or amended and those who highlighted the urgent housing need. The development had been the subject of multiple study sessions and community meetings, demonstrations and a petition to reject the project that garnered over 600 signatures.

On Tuesday, dozens crowded the City Council chambers, waving signs that said “NO Mary Ave Villas” or “Please support Mary Ave” while others wore blue shirts with #leadushome, referencing a campaign to improve housing accessibility for those with intellectual and developmental disabilities.

Adults with developmental disabilities, their family members, care takers and advocates highlighted the need for the housing, with some noting that they had to leave the Bay Area to find appropriate housing.

Others with disabled family members expressed the desire that loved ones could stay independent near the places where they grew up. “This is about hope,” said Stephen Quan, a Cupertino resident with a disabled child who recently graduated high school. “I hope (my son) gets to stay in the community.”

Those opposed voiced concerns that the project would remove parking and result in narrower car and bike lanes. Some worried that the agreement was being rushed and would leave the city vulnerable to legal issues or financial liability if the project wasn’t finished, especially given the millions of dollars of loans and grants administered by the city and the potential loss of public land. Given the concerns, many asked for the city to further study the parking impacts and legal footing of the project.

“It appears that the city is haphazardly moving forward,” said Joshua Safran, an attorney representing residents near the project. “Do the work, perform the required analysis … Moving fast will not create housing, it will only create lawsuits.”

Even so, city officials pointed to evidence that even during peak festival demand, parking would not be full, and assured that the project was on proper legal footing.

Still, Councilmember Ray Wang argued that approving the project dismissed the concerns of Cupertino residents. “We’re working against our residents,” said Wang. “Once we give away the land, it’s gone for a long time… We need to do more due diligence. This is a rush job. We’re cutting corners.”

The motion passed with Mayor Kitty Moore and Councilmembers J.R. Fruen and Sheila Mohan in support. Councilmember Wang voted no, with Vice Mayor Liang Chao abstaining.

“Everybody’s worthy to live in Cupertino… Part of what we are supposed to do as a Council is to plan for the future, to help make sure that Cupertino remains a place where everyone can have a future,” said Councilmember J.R. Fruen, who painted the lack of housing as an existential threat that had already resulted in school closures from shrinking enrollment.  “This really honestly ought to be a simple project to approve: it’s replacing unsheltered housing for cars for sheltered housing for people.”

City staff expect the final approval of the project to return to the council in the coming weeks, following an assessment by the city’s planning commission.