5-12-20 Planning Commission - item 2 Lang desk item1
Beth Ebben
From:Luke Lang <lukelang@yahoo.com>
Sent:Tuesday, May 12, 2020 3:41 PM
To:City of Cupertino Planning Dept.; Gian Martire; City Attorney's Office; City Clerk; City Council;
Cupertino City Manager's Office
Subject:5/12/20 Planning Commission - item 2 oral communication
Attachments:Westport density bonus 2.pdf
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Please add this email and the attached slides to the written communications for tonight's meeting. I
will be speaking to the slides during oral communication. Please show the slides during my oral
communication.
1) Based on SF Planning Commission's study, the non-BMR portion of the Westport development
does not fit in the General Plan envelope. Therefore, it does not qualify for density bonus waiver. I
presented this to the Planning Commission on 2/11/20 and again to the City Council on 5/5/20. As of
5/5/20, the City Manager and Staff did not have any information to deny this. The density bonus
waiver cannot be approved unless the SF Planning Commission study can be proven false.
2) The Westport proposal has also stacked the density bonus entirely on Parcel B. This results in
excessive height and lack of setback. This is inappropriate. The Planning Commission cannot allow
this.
3) There are less damaging waivers possible to allow this development to be constructed. And this is
confirmed in the architectural review of attachment 13. The Planning Commission must explore the
alternatives.
Thanks,
Luke Lang
Cupertino resident
Density Bonus Waiver does not
mean UNLIMITED HEIGHT 2
Westport does not qualify for waiver
•First presented to the Cupertino Planning Commission on Feb 11th,
2020.
•Requested an update at May 5 th, 2020 City Council meeting (Oral
Communications)
•City Manager and Staff did not have any information to deny this.
•SF Planning Commission -State Density Bonus Law Overview
•https://sfcontroller.org/sites/default/files/Inclusionary%20Housing%20Comm
itte/State_Density_Bonus_Law_Overview_of_Onsite_Program_circulate_opti
mized.pdf
•Page 12
Non-BMR development
must fit within the
General Plan envelope.
BMR development can
request waiver to
exceed the General
Plan envelope.
Westport’s 2 Parcels
General
Plan
envelope
Density
bonus
Parcel A Parcel B
Excessive
height
Single development
Alternative waiver is very possible
•CMC 19.56.040.B.1 –An applicant may submit to the City a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a housing development meeting the criteria outlined in Section 19.56.020 at the densities or with the concessions or incentives permitted under this chapter.
•Attachment 13 architectural review
•“requiring the project to comply with the development standards would physically preclude the project as proposed …”
•“… although the development could meet the height and setback requirements , the applicant would require a waiver for the common space requirement as well as a reduction in the size of the units.”