HomeMy WebLinkAboutPC 5-12-2020 PresentationsMay 12, 2020
Westport Development
21267 Stevens Creek Boulevard
Subject
Development proposal to demolish a 71,250 square foot retail
center (The Oaks),remove and replace 74 protected trees,
and construct a mixed-used development consisting of 294
housing units (88 Rowhouse/Townhomes,206 senior
apartments,which include 48 senior affordable apartments
and 27 memory care units)and 20,000 square feet of
commercial space.The applicant is requesting a Heart of the
City Exception for retail frontage along Stevens Creek
Boulevard.
Applications
●Certifying the Final Environmental Impact Report
(FEIR)(EA-2018-04);
●Development Permit (DP-2018-05);
●Architectural and Site Approval Permit (ASA-2018-
05);
●Use Permit (U-2019-03);
●Vesting Tentative Map (TM-2018-03);
●Heart of the City Exception (EXC-2019-03); and
●Tree Removal Permit (TR-2018-03).
Project Location ●Mix of uses
●Heart of the
City Specific
Plan Special
Area
●Oaks
Gateway
Priority Housing Site
●Priority Housing Site in General Plan/Housing
Element
●Allocated 200 units based on ‘Realistic
Capacity’, 85% of maximum capacity
(which for this site is 30 DU/acre).
●Proposed base density (237 units) is consistent
with what is allowed in General Plan.
Project Data
●Two residential/commercial buildings:
●Building 1: six-story building with 167 senior residential
units, including nine below market rate (BMR) senior units,
27 memory care units, and 17,600 square-feet of ground-
floor retail/commercial space.
●Building 2:five-story building with 39 below market rate
(BMR) senior residential units and 2,400 square feet of
ground-floor retail/commercial.
●70 single-family residential townhouses and 18 single-family
residential rowhouse condominiums.
Project Data
●One-level, below-ground garage with 183 parking spaces.
●44,945 square feet of Residential Common Open Space
●2,621 square feet of Commercial Common Open Space
●386 onsite and offsite tree replacements, for 73 protected
development trees proposed to be removed and/or relocated.
●A vesting tentative map that would divide the property into two
separate parcels.
Building 1: 167 Unit
Senior/Mixed Use &
Memory Care
Building 2: 39 Unit
BMR Senior/Mixed
Use
70 Townhome
Condominiums
18 Rowhouse
Condominiums
Density Bonus and Waiver
Requests (CMC 19.56)
●Density bonus for very-low income units selected.
●Applicant entitled to maximum Density Bonus (35%) allowed by
State Law (83 units) in addition to the base density of 237 units.
●Requested 24% bonus, or 57 units above the base density of 237,
for 294 units.
Number of Below Market Rate Units Percentage of Development
Units
Very Low Income 60%or 29 units 12.2%
Low Income 40%or 19 units 8%
Density Bonus and Waiver
Requests (CMC 19.56)
Applicant may request waivers or reduction of development standards that
will have effect of physically precluding construction of a density bonus
development.
●Height waivers of 45 ft. height limit in the General Plan:
●Building 1 would be 70’ 0” to eave line, 79’ 6” to roof
ridge, and 91’ 9” to the top of non-occupied tower.
●Building 2 would be 55’ to eave line, 64’ 6” to roof ridge,
and 73’ 9” to the top of non-occupied tower.
●Slope setback waivers of 1:1 slope setback from curb line in General Plan
to slope setback of 1:2.08 for Building 1 and a slope setback of 1:1.47 for
Building 2.
●Waiver from requirement in Section 19.56.050.G.1 that affordable units be
dispersed throughout the project.
The Westport Mixed-Use Project EIR
City of Cupertino
DENSITY BONUS AND WAIVER REQUESTS (CMC 19.56)
Density Bonus and Waiver
Requests (CMC 19.56)
Waiver Justification -Applicant
●Taller structures with higher density housing and retail are concentrated on eastern end of site,
allowing a greater product mix of housing
●Better transition to single family and lower-elevated apartments along Mary Avenue.
●Strict enforcement standards would:
●Require the units to be further relocated to parts around site.
●Lose required open space.
●Limiting the height of Building 1 to 45 feet would directly eliminate 64 senior units, plus
eliminate another 4 units in order to relocate the amenity terrace to a lower floor.
●Limiting the height of Building 2 to 45 feet would directly eliminate nine BMR senior
units from the project.
●Consolidation of the senior housing components adheres to certain design requirements and
code regulations that are particular to senior population.
●Dispersion of the Senior Housing within a mixed housing development is precluded by State Law.
Density Bonus and Waiver
Requests (CMC 19.56)
The City’s third-party architectural firm found that applying
the height and slope line requirements would:
●Decrease the amount of open space and landscaped
areas
●Reduce average size of senior units
●Reduce the retail support space including areas identified
for trash, loading, and lobby space.
●Reduce commercial ceiling heights
●Decrease above ground parking and increase
underground parking
Use Permit
●Required for development of residential units on a mixed-use Housing
Element site that proposes units above the realistic capacity in the Housing
Element.
●This site (the Oaks) is allocated 200 units based on a ‘Realistic
Capacity’, which is generally 85% of the maximum capacity
allowed (30 DU/acre) for the site.
●Proposes project at maximum allowable density, which is 30 units
per acre or 237 units.
●The applicant has submitted this application under protest because
maximum density for site as shown in the General Plan is 30 units per acre.
Use Permit
●Allow a residential care facility, with seven or greater residents in a
residential zone.
●Memory care facility, will also include a separate kitchen, activity
room/library, and terrace. The residents will be supervised 24 hours a
day, although they will live independently within their one-bedroom
units.
●Pursuant to CMC Section 19.20.020, 500 feet from the property
boundary of another residential care facility.
●If required, must obtain any license issued by appropriate State
and/or County agencies and/or departments.
Heart of the City Exception
●Heart of the City Specific Plan limits uses that do not
involve the direct retailing of goods or services to the
general public to no more than 25% of a building
frontage along Stevens Creek Boulevard, and no more
than 50% of the rear of a building. The project provides
approximately 40% of the frontage along Stevens Creek
and approximately 75% of the rear of the buildings
along Stevens Creek as non-direct retail
Proposed Retail Layout
Alternate Retail Layout
Architectural Design
Architectural Design
View from Mary Avenue
View from Stevens Creek Boulevard
Building 1 Building 2
Townhomes Rowhouses
Building 1Building 2
TownhomesRowhouses
Architectural Design
Architectural Design
●Revise primary building entrances for both
Building 1 and Building 2 to provide greater
visual interest and orientation at pedestrian
level on-site.
●Projecting tower massing element
at a lower height, attached roof
form at a lower height,
awning/overhang at the first floor,
and/or change in color/material
application, among other possible
design interventions.
●Pursue revisions to tower location to better
highlight the primary entrance for the
residential portion of Building 1 and/or
highlight building corners.
Tree Removal and Replacement
●The development proposes to remove and replace 74
protected development trees.
●14 are Coast Live Oaks with trunk diameters
ranging between 11-51 inches. Of the 14 Coast
Live Oaks, four (4) will be relocated on-site.
●The applicant is proposing to replace the removed trees
with 386 trees (314 on-site and 74 off site).
Tree Removal and Replacement
Protected
Trees
Removed
Sizes Required Replacements Replacements
24-inch
box
36-inch
box
24-inch
box
36-inch
box
36 Up to 12 inches*One 24" box tree 36
11 Over 12 inches
and up to 18
inches
Two 24" box trees or One 36"
box tree
68
23 Over 18 inches
and up to 36
inches
3 Over 36 inches One 36" box tree 3
Totals 104 3 287 17
Traffic, Circulation and Parking
Analysis
Traffic, Circulation and Parking
Analysis
●The City’s Density Bonus Ordinance, in compliance with State
Law, allows density bonus projects option to use alternate
parking standards for all residential units (market-rate and
affordable) based on bedroom count (0.5 per bedroom).
●Required to provide only 336 spaces.
●Proposes 455 parking spaces.
Vesting Tentative Map
●A Vesting Tentative Map is proposed to divide property into
two parcels [one 4.7 acre and one 3.1 acre parcel].
●Bike route (similar to Class III)on west side and access to cross
development route from Mary to Stevens Creek Boulevard.
●Stevens Creek Boulevard upgrades to include detached Class
IV bike lanes and other improvements.
Prior Version
●On May 17,2018 the applicant submitted an application that was deemed
complete on July 23,2019 and evaluated in Draft Environmental Impact
Report (DEIR).
●In February of 2020,the applicant submitted a Senior Enhanced Alternative
that was evaluated as a feasible alternative in Final Environmental Impact
Report (Final EIR)(Increased Senior Housing Alternative).
●On April 22,2020,applicant requested that Senior Enhanced Alternative
Plan be considered as proposed project.
●Although massing of buildings,square footage,and overall exterior
appearance are virtually identical to previous proposed project,
unit count has been increased.
Environmental Review/EIR
●Air Quality (construction)
●Biological Resources (nesting birds, tree
removal)
●Cultural & Tribal Cultural Resources (unknown
resources)
●Geology and Soils (unknown paleontological
resources)
●Noise (construction)
●Tribal Cultural Resources (unknown resources)
●Utilities and Service Systems (wastewater)
Environmental Review/EIR
●At its April 16, 2020 meeting, the Environmental Review
Committee (ERC) determined on a 5-0 vote that the
project may have significant impacts to the environment
requiring the preparation of an EIR for the City Council to
consider certifying
The Westport Mixed-Use Project EIR
City of Cupertino
= Current phase
= Opportunities
for public input
THE EIR PROCESS
This chart shows the
opportunities for
public input during the
EIR process.
July 18, 2019
November 6 –December 20, 2019
July 11, 2019
Housing Accountability Act
●Limits the ability of a city to deny or impose certain conditions on a
housing development project when the project complies with
applicable, objective general plan, zoning, and subdivision standards
and criteria.
●This project is a “housing development project” under HAA because it is a
mixed-use development consisting of residential and nonresidential uses
with at least two-thirds of square footage designated for residential use.
●Project is either consistent with City’s objective standards or has applied
for waivers under Density Bonus Law.
Corrections to Conditions of
Approval (Development Permit)
BMR UNIT TERMS OF AFFORDABILITY:
Prior to occupancy, the proposed project shall record covenants that require 36 of the
BMR senior units to be occupied at rents that are affordable to very low or low‐income
households at a ratio of 60% very low-income (22 units) to 40% low-income (14 units) for
a period not less than 99 years from the date of first occupancy of the unit pursuant to
CMC Section 19.56.050.B and the City’s Below Market Rate Housing Program. Also prior
to occupancy, for the remaining 12 BMR senior units, the proposed project shall record
covenants that require the units to be occupied at rents that are affordable to very low
or low‐income households at a ratio of 60% very low-income (7 units) to 40% low-income
(5 units) for a period of not less than 55 years from the date of first occupancy of the unit
pursuant to CMC Section 19.56.050.A.
Corrections to Conditions of
Approval (Development Permit)
STREET IMPROVEMENTS &DEDICATION
Provide street dedication in fee title…
Pursuant to Government Code Section 66020(d)(1),these
Conditions constitute written notice of a description of such
dedication.You are hereby further notified that the 90-day
approval period in which you may protest this dedication,
pursuant to Government Code Section 66020(a),has begun.If you
fail to file a protest within this 90-day period complying with all of
the requirements of Section 66020,you will be legally barred from
later challenging such dedication.
Corrections to Conditions of
Approval (Development Permit)
PEDESTRIAN AND BICYCLE IMPROVEMENTS
The Applicant shall provide pedestrian and bicycle related
improvements,including but not limited to,Class I pedestrian and
bike paths and bicycle racks throughout the project site,and RRFB
consistent with the Cupertino Bicycle Transportation Plan and the
Pedestrian Transportation Guidelines,and as approved by the
Director of Public Works.
FINAL MAP
Prior to recordation of final map,all building(s)that straddle the new property line must be
removed.Project is required to dedicate Public Access Easements to facilitate on‐site bike and
pedestrian paths as identified in the Cupertino Bicycle Transportation Plan and Pedestrian
Transportation Plan and shall be substantially consistent with those shown on the Vesting Tentative
Map.Public Access Easements will be required at the northwestern and southwestern property
corners,along the west side of the project site connecting north to south between Stevens Creek
Boulevard and Mary Avenue.Final alignment of the public paths and easements shall be approved
by the City Engineer.
Pursuant to Government Code Section 66020(d)(1),these Conditions constitute written notice of a
description of such dedication.You are hereby further notified that the 90-day approval period in
which you may protest this dedication,pursuant to Government Code Section 66020(a),has
begun.If you fail to file a protest within this 90-day period complying with all of the requirements of
Section 66020,you will be legally barred from later challenging such dedication.
Corrections to Conditions of
Approval (Heart of the City
Exception)
EXCEPTION
A Heart of the City Exception is granted to allow the
construction of the proposed project with a maximum of
40% of the building frontage along Stevens Creek Boulevard
and 75% of the rear of the building to be occupied by non-
retail uses in substantial conformance with the Level 1 Layout
as illustrated in Sheet A201.
Outreach
Notice of Public Hearing and Intent,Site
Notice &Legal Ad
Agenda
Site Signage (10 days prior to the
hearing)
Legal ad placed in newspaper (at least
10 days prior to the hearing)
Public hearing notices were mailed to
property owners citywide (10 days prior
to the hearing)
Posted on the City’s official
notice bulletin board (one
week prior to the hearing)
Posted on the City of
Cupertino’s website (one
week prior to the hearing)
Conclusion
That the Planning Commission conduct a public hearing,
and recommend to the City Council:
●Certify the FEIR(EA-2018-04) and;
●Approve Development Permit (DP-2018-05), Architectural
and Site Approval (ASA-2018-05), Use Permit (U-2019-03),
Vesting Tentative Map (TM-2018-03), Heart of the City
Exception (EXC-2019-03), Tree Removal Permit (TR-2018-03).
Next Step
●City Council June 2, 2020
Required Building 1 Building 2 Townhomes/Rowhouses
Front Setback
along Stevens
Creek Boulevard
35 feet from curb line 42.83 feet 43 feet 35 feet
Side Setback
along Mary
Avenue
Minimum 1/2 the height of
the Building, or 10 feet,
whichever is greater.
68 feet
(Required 40
feet)
-17.6 feet
(Required 15 feet)
Side Setback
along Highway 85
Minimum 1/2 the height of
the Building, or 10 feet,
whichever is greater.
--17.6 feet
(Required 15 feet)
Private Open
Space 60 square feet per unit
60 -132
square feet
per unit
(balconies)
60 square
feet per unit
(balconies)
Town Houses: 104 to 125
square feet per unit (Patios)
Row Houses: 295 to 375 square
feet per unit (Patios)
Height 45 feet
Tower
Element -
91.75 feet
Tower
Element -
73.75 feet 30 feet
Roof Ridge –
79.5 feet
Roof Ridge –
64.5 feet
Slope Line form
the curb line
along Stevens Creek Boulevard
1:1 Slope Line Setback
Tower
Element -
1:2.08
Tower
Element -
1:1.47 1:1
Roof Ridge –
1:1.63
Roof Ridge –
1:1.24
.
Relocated Trees
Species # Sizes (DBH)
Coast Live Oak 8 7-23”
Building Building Use Parking Rate Required Spaces Provided Spaces
Building 1
Retail
(17,600 SF)1/250 SF 71 114 Spaces (54 at grade, 60 in the
garage)
Residential (167 Senior
Units)0.5 per bedroom 101
101 total covered single spaces in
garage. (Spaces are assigned to
units)
Building 2
Retail (2,400 SF)1/250 SF 11 11 Total (10 at grade, 1 in garage)
Residential (39 units
Senior Units)0.5 per bedroom 21
21 total covered single spaces in
garage. (Spaces are assigned to
units)
Townhouses/ Rowhouses
Residential (88 units)0.5 per bedroom 132 176 (2 per unit/in unit garages)
Visitor Parking --32 (at grade)
Total 336 Required 455 Provided
Project Comparison
Originally Proposed Project Senior Enhanced Alternative Proposed
Project
Total Unit Count 242 294
Town Houses/ Row Houses 88 88 (No Change)
Units in Building 1 115 Market Rate Condominiums
167 Senior Apartments, including 27
memory care units and 9 Below Market
Rate Units
Units in Building 2 39 Below Market Rate Units 39 Below Market Rate Units
(No Change)
Total Below Market Rate Units -Project
Wide 39 48 (9 dispersed throughout Building 1)
Waivers Requested
Height waivers for Buildings 1 & 2
No ChangeSlope Setback waivers for Buildings 1 &
2
Affordable Unit Dispersion
General Plan Land Use Designation Commercial/Residential
Special Planning Area Heart of the City Specific Plan (West Stevens Creek
subarea)
Zoning Designation P(CG, Res)
Net lot area 7.9 acres
Allowed/Required Proposed
Maximum units based on density 237 294
35% Density Bonus units (State Law)83
Total number of units 320
Residential Density 30 du/acre 37.22 du/acre
Height of Structures Up to 45 feet Building 1 –91.75 feet
Building 2 –73.75 feet
Townhomes –30 feet
Rowhouses –30 feet
Setbacks
Front 35 feet from the face of curb (min.)35 feet from the face of
curb
Side Minimum One-half (1/2) the height of the Building
(, or ten (10) feet, whichever is greater. (15 feet)
17.6 feet
Parking
Residential 254 (Based on Density Bonus standards in
Chapter 19.56)
330
Retail 82 125
Total on-site 336 455
Private Open Space (s.f.per
unit)
60 s.f.per unit 60-375 s.f. per
unit
Common Open Space per Heart of the City
Residential 44,100 s.f.(150 s.f.per unit)44,945 s.f.
Commercial (Retail)2.5% of gross floor area of buildings ≥ 20,000
sq. ft., or restaurants ≥ 10,000 sq. ft.
2,621 s.f.
Retail Frontage
Stevens Creek Boulevard
frontage
75%60%
Rear of building 50%26%
Building Area 536,684 s.f.
1
Project Team
•Master Developer
•Local, experienced Developer
•KT Urban
•Senior Facility
•Nationally known Developer and Operator
•Atria and Related Companies
•Architects C2K
2
How Did We Get Here?
3
Enhanced Senior and Family Living Project
•Aging shopping center in need of renovation
•Multiple project iterations over six years
•This Project
•No General Plan or Zoning Amendment needed
•Helps Cupertino’s Housing needs
•Senior
•Family
•Very Low and Low Income
•No environmental impacts
4
Refinements per City/Community Comments
•Comment: Maximize opportunity to provide senior housing
•Response: 52 more bonus units, 167 senior units added
(9 more affordable) in same building envelope
•Comment: Concerns over traffic and parking
•Response: More Senior Units reduce parking and traffic
•Comment: Request for more retail on project
•Response: Retail increased from 10 ksf to 20 ksf.
•Comment: Request for Bike trail connection
•Response: Working with Public Works on path through site
in addition to future Mary Avenue improvements
5
Applicable Housing Laws
6
State Housing Laws Mandate Approval
•Housing Accountability Act (Govt. C. 65589.5)
•Density Bonus Law (Govt. C. 65915)
Both are to be interpreted to maximize housing
•“This chapter shall be interpreted liberally in
favor of producing the maximum number of total
housing units.” (Govt. Code Sec. 65915(r).
7
Housing Accountability Act (HAA)
•This is a “Housing Development Project”
•Objective Standards must be applied
•Reduced density or denial requires finding of “specific,
adverse impact on the public health or safety.”
•EIR found no unmitigated impacts.
•Consistency with City Policies is judged by
“Reasonable Person” Standard, NOT deference to City.
8
Compliance with ALL Objective Standards
9
As Noted in Staff Report, the Project (with DBL bonus and
waivers) complies with ALL of City’s objective standards
Density Bonus Law (DBL) –Bonus Units
•Base allowable unit count for the site is 237 Units
•20.3% are affordable
•60% Very Low Income (29)
•40% Low Income (19)
•Density Bonus Law allows 35% bonus.
•Project: 24% bonus.
10
Density Bonus Law (DBL) - Waivers
•Development Standards that would physically preclude
development as designed must be waived
•City can’t redesign the Project
•Waivers requested for Senior Buildings Only
•1:1 Slope Setback
•45 ft. Height
•Concentrate affordable senior units in Bldgs 1, 2
11
Only Senior Buildings Need Waivers
12
Request Recommendation of Approval
13
Appendix
14
OBJECTIVE STANDARDS MATRIX - 1
OBJECTIVE STANDARDS MATRIX - 2
OBJECTIVE STANDARDS MATRIX - 3
OBJECTIVE STANDARDS MATRIX - 4
1Atria Senior Living|Related Companies
2
3
Atria|Related Communities
Illustrative renderings
Appendix
4
5
1
Westport Plaza:
Enhanced Senior and
Family Living
Mixed-Use Urban Village
•Complete redevelopment of the site
•Internal Street Grid
•Pedestrian oriented with walkable blocks
•Uses: Retail, Residential, Active spaces
•Open space: Central Green, Pocket Parks
•Architecture and Design
•Parking
•Neighborhood Buffers
2
Site Plan: Existing Access Points
3
Site Diagram
4
Site –Proposed Plan
5
18 ROWHOMES
70 TOWNHOMES
39 BMR SENIOR
UNITS
2400 SF RETAIL
167 SENIOR UNITS
(INCLUDING 9 BMR
SENIOR UNITS)
17,600 SF RETAIL
BELOW GRADE
PARKING GARAGECENTRAL GREEN
CENTRAL GREEN
GLENBROOK APARTMENTS
STEVENS CREEK BOULEVARD
MARY AVENUE
BLDG 1:
SENIOR LIVING /BMR SENIOR LIVING /
RETAIL
BLDG 2:
BMR SENIOR LIVING /
RETAIL
TOWNHOMES
TOWNHOMES
TOWNHOMES
TOWNHOMES
Site –Proposed Plan
6
STEVENS CREEK BOULEVARD
MARY AVENUE
View at Stevens Creek Boulevard
7
View of Building 1 at Stevens Creek
Boulevard and Mary Avenue
8
View at Building 1 / Village Green
9
View at Building 2 –Senior Housing
10
View of Townhomes from Oak Alley at
Stevens Creek Boulevard
11
View at Central Green Walk
12
View at Townhomes
13
View at Rowhomes
14
15
Thank you
City of Cupertino and the
Planning Commission