09 - September 25, 2025 - SB 79 impact to Cupertino
CITY COUNCIL INFORMATIONAL MEMORANDUM
Date: September 25, 2025
To: Cupertino City Council
From: Tina Kapoor, Interim City Manager
Re: SB 79 Impact to Cupertino
Background
On May 20, the City Council adopted an oppose position on Senate Bill (SB) 79 and
authorized the City to send a letter to the state legislature. On September 11, SB 79
passed out of the Assembly and was sent to the Governor’s office for his consideration.
This week, the City sent a letter to the Governor requesting a veto of the bill, which can
be found on the City’s Legislative Webpage. In anticipation of the Governor’s
consideration, this informational memo is intended to provide information on SB 79’s
potential impact to Cupertino.
Senate Bill (SB) 79, proposed by Senator Wiener, aims to increase higher-density housing
development near major transit stops, also known as Transit-Oriented Development
(TOD) stops. The law establishes zoning exemptions for multifamily residential projects
up to certain height, density, and floor area ratio thresholds within one-half mile of the
TOD stops. Further details on the different tiers and specifications of the bill can be
found at the SB 79 page on Legiscan.
SB 79 is applicable at TOD stops pursuant to Section 21060.2 and 21064.3 of the Public
Resources Code, and also includes certain future planned stops identified in regional
transportation improvement programs.
Major Transit Stops
Section 21064.3 defines a “major transit stop” as a site with any of the following:
a) An existing rail or bus rapid transit (BRT) station.
b) A ferry terminal served by either a bus or rail transit service.
c) The intersection of two or more major bus routes with a frequency of service
interval of 20 minutes or less during the morning and afternoon peak commute
periods.
The De Anza College Transit Center and portions of Stevens Creek Boulevard are the
only areas with multiple bus connections. However, based on current service
frequencies, these nodes do not consistently meet SB 79’s statutory thresholds for high-
frequency service. As such, no intersections in Cupertino are presently classified as
major transit stops under SB 79.
Bus Rapid Transit
Section 21060.2 defines “bus rapid transit” as a public mass transit service provided by a
public agency or by a public-private partnership that includes all of the following
features:
a) Full-time dedicated bus lanes or operation in a separate right-of-way dedicated
for public transportation with a frequency of service interval of 15 minutes or
less during the morning and afternoon peak commute periods.
b) Transit signal priority.
c) All-door boarding.
d) Fare collection system that promotes efficiency.
e) Defined stations.
Cupertino is primarily served by Valley Transportation Authority (VTA) bus routes,
including the Rapid 523 along Stevens Creek Boulevard. While the 523 provides limited-
stop service, it does not meet the state’s definition of full bus rapid transit, mainly due to
the lack of a dedicated bus lane.
Conclusion
Based on current transit infrastructure and service levels, no locations in Cupertino meet
the statutory definition of a major transit stop under SB 79. Without a qualifying stop,
the law’s upzoning provisions do not apply within city boundaries.
Future changes to transit service, such as the introduction of a true bus rapid transit line
or significant increases in service frequency, could alter this conclusion. Although, for
now, SB 79 is not expected to impact Cupertino’s zoning, housing development capacity,
or planning processes.
Sustainability Impact
None.
Fiscal Impact
None
California Environmental Quality Act
No California Environmental Quality Act impact.
_____________________________________
Prepared by: Astrid Robles, Senior Management Analyst
Reviewed by: Kirsten Squarcia, Interim Deputy City Manager/City Clerk
Floy Andrews, Interim City Attorney
Approved for Submission by: Tina Kapoor, Interim City Manager