Unpacking the Extreme Housing Element and Zoning Changes
ChatGPT AI comparison of the Administrative Draft Housing Element from October 10, 2022 and the Adoption Draft of May 2024 is as follows:
There are two components to the Housing element changes: one in the General Plan Housing Element Chapter, those changes indicated above, and the other in the Cupertino Municipal Code. The bloated changes even came in after the close of public comments on July 2, 2024 with vice mayor JR Fruen proposing further local law changes without having staff vetting them, HCD requesting, or the public and council having had any presentation by staff regarding the proposed changes the majority approved with Moore and Chao voting No:
Excerpt from the July 22, 2022 Staff Report on the ‘extra Fruen changes’ approved by Mohan and Wei:
“Discussion
During a regular meeting held on July 2, 2024, City Council conducted the first reading for Ordinance Nos. 24-2261 and 24-2262. Staff presented details about the proposal to modify standards to the Cupertino Municipal Code Chapter to bring it into conformance with the Housing Element. Prior to the introduction of the ordinances, by a 3-2 vote (No: Chao and Moore), the City Council amended proposed Ordinance No. 24‐2261 as follows:
1. Removing the five-story limit in the R-4 zoning district;
2. Eliminating the proposed objective standard for comparable size in the definition of duplex;
3. Amending development standards related to duplexes in the R-1 zoning district proposed under Housing Element Policy HE-1.3.6 as follows:
a. Amend allowable Floor Area Ratio to 65%;
b. Adopt a lot coverage of 50%;
c. Conform parking standards to R-1 zone standards (4 total – 2 open/2 enclosed); and
d. Allow interior side yard setbacks to align with minimum R-1 standards; and
4. Amending the lot coverage to 50% in the R-3 zoning district for developments with up to 4 units.