2020-05-12 PC Meeting - Agenda Item 2_ Oaks_Westport - Requires another density bonus waiver!From:Peggy Griffin
To:City of Cupertino Planning Commission; Gian Martire; City Attorney"s Office
Cc:City Clerk; City Council
Subject:2020-05-12 PC Meeting - Agenda Item 2: Oaks/Westport - Requires another density bonus waiver!
Date:Tuesday, May 12, 2020 6:33:36 AM
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Please add this letter to written communications for the Planning Commission meeting scheduled for
Tuesday, May 12, 2020. The letter addresses Agenda Item 2, “Development proposal to demolish a
71,250 square foot retail center (The Oaks)…”.
Dear Planning Commissioners, Gian and City Attorney,
According to the Staff Report and all the documents, the applicant is requesting 3 waivers:
1. Height waiver
2. Slope setback waiver
3. Affordable units dispersed throughout the project waiver (Section 19.56.050.G.1)
I have 2 issues regarding the Density Bonus Waivers as described below.
ISSUE #1: BMR units should be distributed throughout the project site
Waiver #3 above for Section 19.56.050.G.1 should be denied because BMR units CAN be dispersed
throughout the project. The senior BMR units can remain within Buildings 1 and 2. This provides a
variety of affordable housing opportunities for those in need and still keeps all the senior housing units
together.
All the applicant letters that lobby in favor of Waiver #3 describe this project as if it is a senior housing
BMR project. This project IS NOT entirely a senior housing project because it also has the townhouses
and rowhouses which are regular non-age restricted market rate units. If this project were entirely a
senior citizen housing development then under Section 19.56.B it would only be allowed a max density
of 20%. Also, under Section 19.56.040.A.1, no incentives or concessions would be available for a senior
housing project unless it was affordable.
So, there is no reason why the BMR units should be restricted to Buildings 1 and 2! This request should
be denied.
ISSUE #2: BMR units should be identical in design as market rate units
There is an additional requirement in our Municipal Code that these affordable units “shall be identical
with the design of any market rate rental units” (Section 19.56.050.G.2).
Looking at the size of the units in this project (see chart below), it is obvious that this project DOES NOT
MEET General Requirement 19.56.050.G.2 Not addressing this requirement sets a precedent for ALL
FUTURE PROJECTS to essentially nullify the requirement. It is part of our Municipal Code which requires
that projects follow it!
In addition, it appears Buildings 1 and 2 will be built by different developers. The BMR studio and 1-
bedroom units in Building 2 will not be “identical with the design” of market rate studio and 1-bedroom
units in Building 1. Also, in Building 1, it’s unclear which exact units are BMR and which are market
rate. There should be a similar proportion of the various sized units that are BMR and market rate. The
distribution of BMR units in Building 1 should not all be studio units dispersed throughout the building!
It should be a variety of unit sizes dispersed throughout the project!
REQUEST: The applicant needs to provide proof that this requirement has been met or submit a
request for a 4th waiver!
Sincerely,
Peggy Griffin
SUPPORTING INFORMATION…
MUNICIPAL CODE - DENSITY BONUS LAW
Section 19.56.050 General Requirements
G. Affordable units shall be provided as follows:
1. Affordable units shall be dispersed throughout the project;
2. Affordable units shall be identical with the design of any market rate rental units in the
project with the exception that a reduction of interior amenities for affordable units will be
permitted upon prior approval by the City Council as necessary to retain project affordability.
FROM PC AGENDA ITEM #2, ATTACHMENT 8 – Project Description
FROM ATTACHMENT 9 – Below Market Rate Project Description, Page 1 of 7
FROM STAFF REPORT, Page 19