Protect Garden Gate. Demand Responsible Planning and Uncompromised Health and Safety for Our Residents.

 

Attention: Cupertino City Manager Tina Kapoor, City Planners, and City Council Members

We, the Concerned Residents of Cupertino's Garden Gate Community, strongly support the City's commitment to affordable housing, including for our intellectually and developmentally disabled (IDD) community. However, we firmly believe the proposed Mary Avenue site (APN: 326-27-053) is fundamentally unsuitable for the Mary Avenue Villas project. This location presents significant, unmitigable threats to our community's health, safety, and quality of life, violating established codes and planning principles.

Key Points of the Flawed Project Proposal:

• Intended use: 40 Units for Extremely Low-Income & IDD Residents on Mary Ave, a residential project for vulnerable populations, utilizing $4,083,250 in public funds
  • Simply put: Mary Ave is getting over-built and under-planned.
• Significant Public Parking Loss & Encroachment: A net removal of 89 public parking spots on BOTH sides of Mary Avenue. With only 22 on-site spots (less than 1 per unit), this forces a NARROWING of Mary Avenue by 19.5ft (26%).
  • Cumulative parking and traffic issues with ongoing Mary Ave construction, especially the unfinished Westport project which in May 2025, modified plans to remove its entire underground parking, which will result in less than one parking spot per unit built.
  • Safety and traffic concerns regarding functional flow of emergency vehicles, delivery vehicles, Cupertino Public Works trucks, construction truck traffic, likelihood of frequent family, caregiver, nurse visits for IDD population.
• Delayed, missing information and MISinformation are being spread by project proponents, who incorrectly assert it is "an approved project" and “done deal”.  This is pending administrative review by City Manager Tina Kapoor, expected in Fall 2025.
  • Nebulous parking plans were finally released publicly in July 2025 (City Council Q&A) and August 2025 (website). (View Mary Avenue Villas FAQ
  • There is a clear pattern of intentional deception and delayed information release, stifling genuine community input.
• Environmental Hazard: The site contains State-classified hazardous lead waste (680 mg/kg).
  • A third-party peer review memo (May 16, 2025) directly contradicts the developer's claim at the July 15, 2025 Study Session that a "one-time excavation and capping" is sufficient, recommending extensive county-level regulatory oversight and long-term modifications to comply with City Municipal Code Section 17.04.050(B). This peer review containing critical information was withheld from the public at the July 15, 2025 Study Session and missing from the Staff Report.

What We're Fighting For:

• Uncompromised Health and Safety Priorities for all Cupertino Residents
• Transparent Process: Demand a comprehensive, transparent review process for all developments. Cupertino residents need to be represented fairly by elected City Council members!
• Preserve Public Right-of-Way: Maintain existing parking and public right-of-way dimensions along Mary Avenue.
• Responsible Site Selection: Advocate for identifying a more suitable, responsible site within Cupertino for this important affordable housing project.

WHAT YOU CAN DO: ACT NOW BEFORE THE CITY VOTES THIS SEPT/OCT 2025!

• Neighbors- send letters to Tina Kapoor and City Council members letting them know you oppose the Mary Ave Villas Project!
  • Tina Kapoor email: tinak@cupertino.gov
  • City Council email: citycouncil@cupertino.gov
• Attend the City Council Meetings: Sept 3 and Sept 16. Speak up!

Developer's Stated Timeline:

• FY 2020–2022: City Work Program prioritizes ELI/IDD housing and narrows focus to Mary Avenue site.
• April 2024: Entered Exclusive Negotiating Agreement (ENA) with City of Cupertino.
• April 3, 2025: Charities Housing submits formal development application (ASA-2025-006).
• April 15, 2025: City Council authorizes $4,083,250 in public funds for the project
• May 2025: City votes to review Westport Project and remove underground parking structure (View agenda - Item 13)
• July 15, 2025: City Council Study Session held. (View Study Session Item 12)
• Fall 2025 TBD: Tina Kapoor, City Manager, to vote on approval of this project.

Current Status & Our Efforts:

• August 11, 2025: Neighbors met with Mayor Chao and Council Member Wang.
• August 21, 2025: A smaller group met with Council Member Fruen.
• August 23, 2025: A larger neighborhood meeting was held with Mayor Chao and Council Member Wang.
• August 25, 2025: Meeting with City Manager Tina Kapoor (ultimate decision-maker)
• September 3 and September 16, 2025: City Council meeting 6:45pm at City Hall 10350 Torre Avenue and via Teleconference.
  • Neighbors- Speak up at the Open Communications portion!

Join Us: Sign the Petition Today!

We urge City Manager Kapoor, City Planners, and all City Council Members to consider these facts, their commitment to Cupertino's codes and laws, and their ethical responsibility. We respectfully request they recommend against the approval of this project at this unsuitable location, advocate for a more transparent, public process, and investigate alternative, more appropriate sites for this vital affordable housing project.

Your signature makes a difference. Join over 325 concerned residents and add your voice to demand responsible planning for Cupertino's future!

 

References:

1. Mary Avenue Villas Project Website: https://www.mary-ave-villas.com/
2. A-Plan Set (PDF): https://cupertino.legistar.com/gateway.aspx?M=F&ID=3bc43de5-3dc4-43e7-8a95-ef084c84d253.pdf
3. City's Staff Report (July 15, 2025 Study Session): https://cupertino.legistar.com/gateway.aspx?M=F&ID=c122b4e9-bf96-4c45-9cc2-a49f8bf0bb78.docx
4. Soil study- Subsurface Investigation Report (Phase III Final Lead Report, April 24, 2025): https://www.mary-ave-villas.com/s/Phase-III-final-lead-report-2.pdf
5. City of Cupertino Third-Party Peer review of Soil study https://www.mary-ave-villas.com/s/Mary-Ave-Phase-II-City-Peer-Review.pdf
6. City of Cupertino project page https://www.cupertino.gov/Your-City/Departments/Community-Development/Planning/Major-Projects/Mary-Avenue-Villas
7. Westport Project Cupertino - Another concurrent housing project on Mary Ave whose high density and insufficient parking plans will cumulatively worsen conditions on Mary Ave. https://www.cupertino.gov/Your-City/Departments/Community-Development/Planning/Major-Projects/Westport-Cupertino