CC 05-06-2025 Item No. 9. Urgency Ordinance Moratorium_Desk ItemCITY COUNCIL STAFF REPORT
DESK ITEM
Meeting: May 6, 2025
Agenda Item #9
Subject
Approval of an Interim Urgency Ordinance Imposing a Moratorium on the Transition of
Multiple-Family Use Housing to Student Housing within a One Half Mile Radius of
Foothill-De Anza Community College in the City of Cupertino; or approval of a
Resolution Encouraging the Building of Newly Constructed Student Housing and
Preventing the Conversion of Multiple-Family Use Housing to Student Housing within
the City of Cupertino.
Recommended Action
Staff recommends that the City Council take the following actions:
1. Open and conduct a public hearing to consider the attached interim urgency
ordinance; and
2a. Waive further reading and adopt, by a four-fifths (4/5ths) vote of the City Council,
the attached interim urgency Ordinance No. 25-2270 by title only (the same to take effect
immediately upon adoption), entitled, “An Interim Urgency Ordinance of the City of
Cupertino, California, Enacted Pursuant to California Government Code section 65858
Establishing a 45-Day Temporary Moratorium on the Transition of Multiple-Family Use
Housing to Student Housing Within One Half Mile Radius of Foothill-De Anza
Community College in the City of Cupertino During the Pendency of the City’s Review
and Adoption of Permanent Zoning Regulations for Such Uses”; or
2b. Adopt Resolution No. 25-025 Encouraging the Building of Newly Constructed
Student Housing and Preserving Multiple-Family Use Housing By Preventing the
Conversion of Multiple-Family Use Housing to Student Housing Within the City of
Cupertino
Background:
On May 5, 2025, the Foothill-De Anza Community College Board of Trustees voted to
approve 1) the due diligence review it conducted pertaining to the McClellan Terrace
apartment building, 2) the purchase of the building for $65.6 million, and 3) the
retention of a relocation consultant.
Reference to these actions should be included in the Interim Urgency Ordinance
Imposing a Moratorium on the Transition of Multiple-Family Use Housing to Student
Housing within a One Half Mile Radius of Foothill-De Anza Community College in the
City of Cupertino; or approval of a Resolution Encouraging the Building of Newly
Constructed Student Housing and Preventing the Conversion of Multiple-Family Use
Housing to Student Housing within the City of Cupertino.
Attachments Provided with Original Staff Report:
A.Moratorium Radius Map
B.Draft Ordinance
C.Draft Resolution
Attachments Provided with Desk Item:
D.Additional text to Urgency Ordinance
E.Additional text to Urgency Ordinance