CC 3-3-2026
9 Mary Avenue property
Exempt SurplusLand
Presentation
Mary Avenue
SurplusLand Act Declaration
March 3, 2026
Cupertino
City Council
Subject
Consider Adopting a Resolution Declaring the Mary
Avenue Property Located Along the Westerly Edge of
Mary Avenue ( APN 326-27-053) Exempt SurplusLand
under the California SurplusLand Act
Recommended Action
1) Adopt a Resolution declaring the Mary Avenue
property located along the westerly edge of Mary
Avenue ( APN 326-27-053) to be exempt surplusland
pursuant to California Government Code Section
54221(f)(1)(F)
Tonight’s Action
Parcel Map & APNMap of Property
Aerial of Property
Property
FY21-22 City Work Program initiated Project
2023 Parcel was created
2024 Re-zoned with Housing Element
2/3/26 Low-income housing project approved by
City Council, contingent upon this
decision, among other actions
Area mostly servesas parking stalls
Underutilized parking except for festivals (9 days/ year) PropertyBackground & Status
ProposedSectionof Propertyand Roadway
Gov. Code § 54221(b)(1) defines “SurplusLand” as land
owned in fee simple that isnot necessary for agency’ suse.
Agency’suse” includes land used, or planned to be used, for agency work or operations pursuant to a written plan adopted by the governing body ( Gov. Code §
54221(b)(2); HCD Guidelines §104). The property isnot
currently used for City operations and isnot identified in an adopted plan for future City work and operational use
A local agency isnot required to find that land isof no public use in order to determine that it issurplus (See Airport BusinessCenter v. City of Santa Rosa, 116
Cal.App. 5th501(2025)
SurplusLand Act Declaration
Pursuant to Gov. Code § 65583.2(b)(3), when a publicly owned, nonvacant site isto be included in a Housing Element, the City must describe the existing use, disclose any plans to dispose of the property during the planning period, and explain how it will comply with the SurplusLand Act.
HCD found the City’sHousing Element in substantial compliance pursuant to Government Code § 65585, which necessarily
includes review of the site’s suitability and availability for residential development.
Accordingly, Based on (1) the site’s identification for an affordable housing project, ( 2) its underutilized parking condition, and ( 3) the City’sadopted housing policies, the Council may determine that the project site issurplusland under the SurplusLand Act
SurplusLandAct Declaration Continued
Gov. Code § 54221(f)(1)(F) exempts the disposition of surplus land for a housing development in which:
100% of residential units are restricted to low or moderate income households
At least 75% of units are restricted to lower income
Affordability issecured by a recorded covenant for a
minimum of 55 years
Accordingly, the Council may determine that the project qualifies as exempt surplusland under the SurplusLand Act.
Exemptionto SurplusLand Act
Subject
Consider Adopting a Resolution Declaring the Mary
Avenue Property Located Along the Westerly Edge of
Mary Avenue ( APN 326-27-053) Exempt SurplusLand
under the California SurplusLand Act
Recommended Action
1) Adopt a Resolution declaring the Mary Avenue
property located along the westerly edge of Mary
Avenue ( APN 326-27-053) to be exempt surplusland
pursuant to California Government Code Section
54221(f)(1)(F)
Tonight’s Action