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Cupertino residents rally against potential high-rise building near local school

Cupertino residents are raising the alarm about a proposed high-rise housing development near a local elementary school, concerned it will cause congestion and safety problems in an already busy single-family neighborhood.

Dozens of residents rallied in front of Cupertino City Hall Wednesday evening to oppose a developer’s application — submitted as a builder’s remedy project for a five-story tall building with 20 housing units on Scofield Drive.

Builder’s remedy is a legal tool in California that allows developers to build larger housing projects, especially affordable ones, by bypassing local zoning and planning requirements. An application cannot be immediately denied if the city does not have a state-approved Housing Element, which is a blueprint that outlines how the city will add a certain number of homes at a range of price points in the upcoming years.

Cupertino’s Housing Element was approved by the state last month, almost two years past the required deadline to submit the document. The city received two applications for builder’s remedy projects before the approval, including Scofield’s, but neither has been determined to be complete at this point, according to Interim Assistant City Manager Tina Kapoor.

The City Council also held a study session Wednesday evening after the rally to review the builder’s remedy law, but no specific project was mentioned in the study materials, Kapoor said.

The proposed Scofield development is occupied by a vacant single-family home a few blocks away from William Faria Elementary School, a nationally-recognized lottery school that takes in students from Cupertino, San Jose and surrounding cities.

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On a typical school day, neighbors like Vidya Iyer can see an average of 200 students and more than 300 cars going up and down the narrow drive. Iyer is concerned that a five-story building — which does not come with any parking spaces — will add more road traffic and congestions along the street.

Cupertino resident San Rao, who is an advocate for Safe Routes to School, said the results will be dangerous for children and neighbors.

“It’s just going to create a scenario where cars cannot go through,” he said during the rally. “That means double parking and that means unsafe routes for kids.”

Iyer has launched a petition against the proposal, which had more than 263 signatures as of Wednesday. “I do agree that we need to address housing issue,” Iyer said. “but I want to make sure we support it in a sustainable way.”

Last month, the city deemed the Scofield application incomplete because the developer had not submitted additional required materials, including proof it complied with affordable housing standards and an environmental site assessment report.  The developer must submit the missing documents by December or risk having their application denied.

The city has another builder’s remedy proposal for a development near Linda Vista Drive, which includes adding seven townhomes, 28-single family homes and a community center on three adjacent parcels.

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