CC 05-06-2025 Item No. 13. Westport Development Permit Amendment_Staff Presentation21267 Stevens Creek Boulevard
Westport Building 1
M-2024-003 & ASA-2024-003
Subject
●Modification to a previously approved
Development Permit and Architectural &
Site Approval for the Westport Development
including, but not limited to, dwelling count
and ground floor retail, Park Land
Dedication Fees and minor changes to
Building 1.
●Applicant: Related California
Background
Background – Building 1
Modifications
●City Council approved Westport on
August 19, 2020.
●Current programming of the Building
1 portion approved through a
modification permit on December
21, 2021.
Application Request – Building 1
Modification
●Utilize their remaining density bonus Incentive/Concession to
reduce amount of retail from 17,600 square feet to 4,000 square
feet.
●Request density bonus to increase senior assisted living dwelling
count by 13 units, from 123 to 136
●Utilize provisions of state law (Assembly Bill 2097) to remove
underground parking facility (a decrease of 146 parking stalls for
the development)
●Minor adjustments to proposed structure, including reducing
building height, moving sixth floor amenities to the ground floor,
and decreasing overall square footage of proposed building from
199,800 square feet to 195,253 square feet.
●Waive the application of the Park Land Dedication In-Lieu Fee.
Analysis – Reduction in Retail
Approved Proposed
Analysis – Reduction in Retail
●Westport Development remains eligible for the second of
two allowable State density bonus law incentives and
concessions. Developer requests to use second available
incentive and concession to reduce the required ground
floor retail.
●Retains retail locations on corner of Building 1 adjacent to
Mary Avenue and driveway entrance along Stevens
Creek Boulevard.
●Agreement requires users of Building 1 to pay for a portion
of shared infrastructure with Building 2 as on-going site
maintenance costs.
●Allows operator of BMR building (Building 2) better
to finance long-term operating costs of affordable
units.
Analysis – Assisted Unit Count
●Westport Development provides 12% of its base density as
affordable to very low-income households.
●Entitles development to a 38.75% density bonus, or a
total count of 329 units for entire development.
●Total number of units in development would increase from
259 to 272 units due to the addition of 13 assisted living
units in Building 1 (12.8% Density Bonus).
●Increase from 123 assisted living units to 136 assisted living
units in Building 1.
●Increase compatibility with BMR unit size and mix.
Analysis – Parking Reduction
●AB2097 that prohibit cities from requiring minimum parking requirements do
not apply to this project since the project was approved and entitled prior
to the enactment of AB2097.
Comparison of Approved and Proposed Parking
Previously Approved Proposed
Residential (Building 1)80 (below grade)8
Residential (Building 2)26 (below grade)26
Residential (Townhomes)6 (surface)6
Bldg. 1 Facility Employees 28 (below grade)10
Retail (Building 1)71 (10 below grade, 61
surface)16
Retail (Building 2)7 (surface)7
Total Building 1 218 (144 below grade and
74 surface)73 (all surface)
Analysis – Parking Reduction
●Property is in Planned Development with General Commercial
and Residential uses (P (CG/Res)) zoning district.
●Allows flexibility in standards.
●Condition of approval, applicant is required to update site plan
to add a minimum of 20 onsite parking spaces, prior to issuance
of building permits.
Anticipated Parking Demand vs. Proposed Supply For Building 1
Previously Approved Proposed Expected
Residents 80 3 14
Employees (40
max per shift)28 10 13
Guests (included in resident count)5 10
Retail 71 16 16
Total 179 34 53
GAP 19
Analysis – Park Land Dedication In-Lieu Fee
●A136-unit count Building 1 would be required to pay approximately
$4,080,000 ($30,000 per senior citizen housing development unit) as Park
Land Dedication In-Lieu of Fees.
●To date, the developer has already paid $3.69M to date for 123 units.
●Applicant has identified following reasons for waiving the fee:
●Applicant has constructed a new pedestrian walkways
connecting Stevens Creek Boulevard and Mary Avenue through
the project.
●Residents of senior housing units in Building 1 cannot reasonably
be anticipated to generate a material demand on City park
lands
●Anticipated to use the open space amenities included in Building 1
and its publicly accessible, privately maintained Central Green.
●Strategy HE-2.3.9 of the Housing Element requires the City to
explore revising its Park Land Dedication Fee, including a specific
reference to allowing credits for privately owned and maintained
public open spaces and other pedestrian connections and trails.
Planning Commission
At its April 22, 2025, meeting, the Planning Commission recommended (5-0)
that City Council adopt the first amendment to the EIR and adopt resolutions
approving project with added conditions of approval as follows:
●TRANSPORTATION DEMAND MANAGEMENT (TDM) PROGRAM REQUIRED
The applicant shall submit a Traffic 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).
Environmental Review
●An Initial Study was prepared and a Final EIR (State
Clearinghouse 2019070377) was certified for the project
by City Council on August 18, 2020.
● Under CEQA Guidelines section 15164, an addendum to
an EIR was prepared to analyze the modifications.
●Construction and operation of modified project would not
result in any new impacts or increase severity of previously
identified significant impacts analyzed in the Adopted EIR.
Modified Condition – M-2024-003
1. APPROVED EXHIBITS
Approval is based on the plan set dated April 1 September 6, 2024
consisting of 12 17 sheets labeled as Westport Building 1: 21267
Stevens Creek Boulevard, Cupertino, CA 95014, G00-G14, and
A10 – A31 A34, and LSK 1, drawn by Studio Architects, Steinberg
Hart, except as may be amended by conditions in this resolution.
Recommended Action
That City Council adopt the proposed draft resolutions to:
1.Adopt the First Addendum to an EIR and approve the
Development Permit Amendment (M -2024-003); and
2.Approve the Architectural and Site Approval Permit (ASA -
2024-003);