HomeMy WebLinkAboutPresentations 7-14-2020 PCJuly 14, 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 267
housing units (88 Rowhouse/Townhomes,179 senior
apartments,which include 48 senior affordable apartments),
27 memory care licensed assisted living residences,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).
Planning Commission Hearing
on May 12, 2020
Planning Commission recommended
(5-0) to certify the Final Environmental
Impact Report, and adopt resolutions
approving the project.
Project Revisions
June 4, 2020, the applicant submitted an amended project:
●Relocation of BMR units to Building 2 / Additional story added:
Consolidation of BMR units by moving nine BMR units formerly in
Building 1 into Building 2 on an additional top floor of Building 2.
Building 2 will now be six stories and will increase in height 0.75 feet
from 73.75 ft. to 74.5 feet.
●Unit mix: Altered unit mix to provide additional space for terraces on
top floor of Buildings 1 and 2. In Building 2, unit mix is adjusted to
include two-bedroom units in addition to studios and one-bedroom
units.
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, 27 memory care licensed assisted living residences,
and 17,600 square-feet of ground-floor retail/commercial
space.
●Building 2:six-story building with 48 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 187 parking spaces.
●44,945 square feet of Residential Common Open Space
●2,915 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: 131 Unit
Senior/Mixed Use &
27 Memory Care
Rooms
Building 2: 48 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 30 units above the base density of 237,
for 267 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 the eave line, and 79’ 6” to
the roof ridge.
●Building 2 would be 65’ to the eave line, and 74’ 6” to the
roof ridge.
●Slope setback waivers of 1:1 slope setback from curb line in General Plan
to slope setback of 1:1.70 for Building 1 and a slope setback of 1:1.48 for
Building 2.
●Waiver from requirement in Section 19.56.050.G.1 that affordable units be
dispersed throughout the project.
Height of Structures Up to 45 feet Building 1 –
91.75 feet
79.5 feet
Building 2 –
73.75 feet
74.5 feet
Townhomes –
30 feet
No Change
Rowhouses –
30 feet
No Change
Slope Line Setback 1:1 Building 1-
1:2.08
1:1.70
Building 2 –
1:1.47
1:1.48
Allowed/Required
As Presented
on May 12,
2020
Revised
Senior
Enhanced
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 102
senior units, plus eliminate another 15 units in order to relocate the amenity
terrace to a lower floor.
●Limiting the height of Building 2 to 45 feet would directly eliminate 18 BMR
senior units from the project.
Density Bonus and Waiver
Requests (CMC 19.56)
●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.
●Regulated Senior Assisted Living facility, the service offering,
operating costs and logistics, additional facility requirements and
financing aspects create physical and financial obstacles.
●Low Income Housing Tax Credit program can be used to subsidize
all of the affordable units if BMR Units consolidated
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
Density Bonus and Waiver
Requests (CMC 19.56)
Dispersion Waiver
●The explanation provided by the applicant for why this is no
longer feasible is a financial one
●Applicant could not get tax credit funding for the BMR
units in Building 1 if they were mixed with market rate units.
●Sufficient to support a request for a concession, it does
not justify a waiver.
●Applicant has not submitted any request for a
concession.
Unit Comparability
Building 1 (131
Units)
Studio One Bedroom Two Bedroom
Average Unit
Size
537.7 s.f.691.3 s.f.1,087 s.f.
Unit Count 26 74 31
Mix Percentage 20%56%24%
Building 2 (48
Units)
Studio One Bedroom Two Bedroom
Average Unit
Size
518.6 s.f.615.7 s.f.843 s.f.
Unit Count 9 28 11
Mix Percentage 19%58%23%
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 2TownhomesRowhouses
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 383 spaces.
●Proposes 463 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.
Project History
●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 ability of a city to deny or impose certain conditions on a housing
development project when 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.
●As project is not consistent with BMR unit dispersion requirement, the City
need not make these HAA findings if it denies or applies certain
conditions to project.
Conclusion -Denial
Recommend Denial of the Project
●Project as proposed is inconsistent with BMR Manual’s requirement that BMR
units be dispersed throughout residential project.
●The applicant’s reason for not dispersing BMR units in Building 1 is that such
units would not qualify for funding from Low Income Housing Tax Credit.
●Because this reason is financial, it does not demonstrate physical
preclusion.
●Dispersion requirement as a concession/incentive as defined in the
Density Bonus Ordinance.
●Because the project is inconsistent with this development standard and does
not qualify for a waiver, the project could be denied.
Conclusion -Approval
Recommend Certification of the EIR and Conditional Approval of the Project
Planning Commission could adopt a condition of approval requiring the BMR
units to be dispersed between Buildings 1 and 2
BMR UNIT DESIGN REQUIREMENTS
The Applicant shall detail how the following requirements shall be met prior to
building permit issuance:
a)Senior BMR units shall be comparable to senior market-rate units in terms of
unit type, number of bedrooms per unit, quality of exterior appearance and
overall quality of construction.
b)Senior BMR unit size should be generally representative of the unit sizes within
the senior market-rate portion of the residential project.
c)Interior features and finishes in the affordable units shall be durable, of good
quality and consistent with the contemporary standards of new housing.
d)Senior BMR units shall be dispersed between Building 1 and Building 2. This
condition shall be deemed satisfied if Building 1 contains 9 of the proposed
BMR units.
Conclusion -Approval
●Planning Commission could determine Project would be
better with all BMR units in Building 2, and that there is
sufficient information in the record to support a
concession for the BMR unit dispersion requirement.
●Planning Commission could find that the BMR unit
dispersion requirement physically precludes the project,
the Planning Commission could recommend that the City
approve the Project as proposed.
Added Condition of Approval
–Development Permit
CONSTRUCTION PROJECT PHASING
Prior to issuance of the first grading and/or building permits,the applicant shall prepare a
construction schedule,and shall demonstrate the ability to complete the project on or before the
project expiration date.The construction phasing schedule shall detail critical milestones of the
construction.Critical milestones of the construction shall include but not be limited to the
following:
A.Prior to granting a certificate of occupancy for Buildings 1 and 2,the street and sidewalk
improvements along Stevens Creek Boulevard and the street and sidewalk improvements
along the interior roadway for Parcels 1 and 2 shall be completed to the satisfaction of the
City,and approval of the foundations shall be obtained for at least 50%of the townhomes
and rowhouses approved for Parcel 2.
B.Timing of the completion of Building 2 to be concurrent with or prior to occupancy of
Building 1.
Outreach
Notice of Public Hearing and Intent,Site
Notice &Legal Ad
Agenda
▪Site Signage (10 days prior to the
hearing)
▪Citywide postcard mailed to each
resident (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)
Next Step
●City Council August 18, 2020
1
Why Are We Here?
2
Minor Modification to Approved Plans
•PC recommended approval unanimously 5-12-20
•Only change is to move 9 BMR units from Building 1 to
Building 2
•Some related architectural changes
•Reducing height of tower elements
•Stepping back Building 1
•Adding a floor to Building 2, but reducing Tower
Element
3
The Dispersal Concept
•CMC says BMR units “shall be dispersed throughout
the project”
•All originally in Building 2 due to State and Federal
requirements
•Obvious intent is to prevent stigmatization
•Purpose is to disperse BMRs into market-rate
projects
4
Dispersal into Building 1 is not Required
•Here Building 2 is senior apartment building
•Building 1 is not a market-rate apartment building
•State-licensed RCFE
•Services must be required and provided to all residents
•3 Meals a day, Housekeeping, Transportation
•Assistance with life activities
•Night supervision
•Residents pay bundled fee for rent + services
•So Dispersal concept does not apply to Building 1
5
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).
6
Housing Accountability Act (HAA)
•Objective Standards must be applied
•Denial requires finding of “specific, adverse
impact on the public health or safety.”
•Dispersal is not an “objective” standard
•Not a defined term
•No standards for dispersal
7
HAA Reasonable Person Standard
•In case of disagreement of interpretation, a
Project is in compliance if a reasonable person,
based on substantial evidence in the record,
could conclude that it is in compliance.
•Here a reasonable person could conclude
project is in compliance.
8
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
•Locate affordable senior units in Building 2, not
rowhouses or townhomes
9
10
Request Recommendation of Approval
11
Atria Senior Living|Related Companies
1
2
3
•Facility will be licensed by the California
Department of Social Services as a Residential Care
Facility for the Elderly for the provision of Assisted
Living and Memory Care Services
•RCFE license requires the provision of certain
basic services, including three meals a day,
housekeeping, transportation, among others
Assisted Living (“AL”)
•Personal care for seniors needing assistance with activities
of daily living (e.g. bathing, grooming, dressing, medication,
management, etc.)
•Care, services for residents in a way that enhances their
independence, dignity, privacy, and individuality
Memory Care (“MC”)
•Specialized service specifically for individuals facing the
challenges memory impairment (e.g. Alzheimer’s disease,
dementia)
•Assistance with medication management and activities of
daily living in a secure environment with 24-hour care from
specially trained caregivers
Licensed Housing –Assisted Living and Memory Care
1
Westport Plaza:
Enhanced Senior and Family Living
Comments from Prior Meeting
•Reduce Height / Remove Towers
•Plan for Covid 19/ quarantine impact on operations
•Electively Create Similar Unit Types / Mix between Buildings 1 and 2
2
Responses to Comments
•Reduce Height / Remove Towers
•Removal of Towers for Building 1 and 2
•9 BMR units relocated to Building 2 / Added Floor to Building 2
•Re-Plan of Amenities to create setbacks at Building 1 at Floor 06.
•Additional area created in Back-of-House zones for quarantine operations:
•Space for staff staging and sanitation
•Space for storage of PPE materials
•Space for staging of meal distribution during quarantine.
•Create Similar Unit Types / Mix between Buildings 1 and 2
•Electively added 2 BR units to Building 2.
•Electively adjusted unit mix with operator input for unit sizing / mix.
3
Building Mix and Unit Size Comparison
4
Building 1: Building 2:
Unit Range:
2BR: 855 SF –1288 SF
1BR:516 SF –835 SF
Studio:514 SF –608 SF
Unit Range:
2BR: 702 SF –959 SF
1BR:541 SF –689 SF
Studio:515 SF –523 SF
Building 1: Revisions
5
Building 1: Revisions
6
Building 1: Revisions
7
Building 1: Revisions
8
Building 2:
9
Building 1: Slope Section
10
Building 1: Slope Section
11
Building 2: Slope Section
12
Building Revisions
13
Building 1: Original Tower Design
14
Building 1: Revised Design
15
Building 2: Original Tower Design
16
Building 2: Revised Design
17
18
Thank you
City of Cupertino and the
Planning Commission