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PC RESOLUTION NO. 2025-05 (M-2024-003)CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO.2025-05 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING THE ADOPTION OF AN ADDENDUM TO A PREVIOUSLY ADOPTED ENVIRONMENTAL IMPACT REPORT AND APPROVAL OF A DEVELOPMENT PERMIT MODIFICATION TO MODIFY THE PREVIOUSLY APPROVED WESTPORT PROJECT INCLUDING, BUT NOT LIMITED TO, DWELLING COUNT AND GROUND FLOOR RETAIL, AND MINOR CHANGES TO BUILDING 1 LOCATED AT 21267 STEVENS CREEK BOULEVARD (APN #326-27-048) The Planning Commission recommends that the City Council adopt the Addendum to the Environmental Impact Report and approve the Modification to the Development Permit, in substantially similar form to the Draft Resolution attached hereto as Exhibit M, with the following modifications: • Add the following Conditions of approval: • TRANSPORTATION DEMAND MANAGEMENT (TDM) PROGRAM REQUIRED The applicant shall submit a Transportation Demand Management (TDM) program for the assisted living employees prior to Building Permit issuance. • RETAIL/PARKLAND IN -LIEU OF DEDICATION FEE Applicant to consider increasing the proposed retail square footage to 8,000 square feet, with no increased parking requirement for the additional 4,000 square feet retail component, in exchange for a refund of park in -lieu fees already paid in the approximate amount of $3.69MM, with no further payment of such fees required for the additional thirteen (13) assisted living units proposed (i.e. forego payment of approximately $300,000). PASSED AND ADOPTED at a Regular Meeting of the Planning Commission of the City of Cupertino the 22°d day of April 2025, by the following roll call vote: AYES: COMMISSIONERS: Rao, Kosolcharoen, Scharf, Fung, Lindskog NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: Piu Ghosh Planning Manager APPROVED: Santosh Rao Chair, Planning Commission