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Westport Image

Location: 21267 Stevens Creek Boulevard 

Applicant: Mark Tersini (KT Urban)

Property Owner: 190 West St. James, LLC
Architect: C2K Architecture Inc.
City Contact: Gian Paolo Martire, gianm@cupertino.org

Planning Commission - Scheduled for May 12, 2020.

May 12, 2020 Planning Commission Agenda

The Planning Commission conducted the public hearing and recommended that City Council (5-0) certify the Final Environmental Impact Report, as well as adopt the resolutions approving the 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), and Tree removal Permit (TR-2018-03) as it relates to the Westport Cupertino application. 

City Council - Tentatively scheduled June 2, 2020 hearing has been postponed.Next hearing to be determined. 

 

PROJECT DESCRIPTION

*THE PROJECT HAS BEEN AMENDED. THE SENIOR ENHANCED VERSION BELOW HAD BEEN EVALUATED IN THE DRAFT ENVIRONMENTAL IMPACT REPORT AS AN ALTERNATIVE. THE AMENDED PROJECT DESCRIPTION IS 'ITALICIZED' AND 'UNDERLINED'  BELOW.*

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, of 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. 

*THE REVISED PLAN SETS, PROJECT DESCRIPTIONS, AND WAIVER JUSTIFICATION ARE LINKED BELOW:*

Senior Enhanced Option Plan Sheets (1)

Senior Enhanced Option Plan Sheets (2)

Project Description

Below Market Rate Project Description

Density Bonus Waiver Request: Enhanced Senior and Family Living Project

Letter from Andy Faber to the Planning Commission dated April 22, 2020

Westport Project Objectives Standards Matrix

*The below Project Comparison Table details certain portions of the project that have been changed and where it remains consistent. *

Project Comparison

 

Original Version

Senior Enhanced Version

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

Waivers Requested

Height waivers for Building 1 & 2

No Change

Slope Setback waivers for Building 1 & 2

Affordable unit Dispersion

 Heart of the City Exception  Providing less than the required retail frontage along Stevens Creek Boulevard (75% of building frontage)  No Change

 

*SENIOR ENHANCED APPLICATION SUMMARY*

The Westport Cupertino development is a redevelopment proposal for the existing 71,254 square foot Oaks Shopping Center, located on an approximately 8 acre site.  The proposed project is described as follows:

  1. Development Permit (DP-2018-05) to construct a mixed-used development consisting of 294 housing units (88 rowhouse/townhomes, 206 senior apartments, of which include 48 senior affordable apartments and 27 memory care units) and 20,000 square feet of commercial space, density bonus and density bonus waivers for height, building plane, and below market rate housing dispersion.
  2. Architectural and Site Approval (ASA-2018-05) permit to construct a mixed-used development consisting of 294 housing units (88 rowhouse/townhomes, 206 senior apartments, of which include 48 senior affordable apartments and 27 memory care units) and 20,000 square feet of commercial space.
  3. Vesting Tentative Map application (TM-2018-03) to allow a mixed-use development on two created parcels and 88 townhome and rowhouse condominiums.
  4. Tree Removal Permit (TR-2018-22) to remove, relocate, and replace seventy-three (73) development trees at the oaks shopping center to accommodate the construction of a mixed-used development consisting of 294 housing units and 20,000 square feet of commercial space
  5. Use Permit (U-2019-03) to allow a mixed-use development on a priority housing site that exceeds the number of residential units designated for that priority housing site as well as allowing memory care units within a portion of a senior housing facility.
  6. Heart of the City Exception (EXC-2019-03) allow a reduction of the retail requirement for buildings fronting Stevens Creek Boulevard to accommodate a mixed-used development consisting of 294 housing units (88 rowhouse/townhomes, 206 senior apartments, of which include 48 senior affordable apartments and 27 memory care units) and 20,000 square feet of commercial space.
  7. Certification (EA-2018-04) of an Environmental Impact Report and adoption of mitigation measures and a mitigation monitoring and reporting program for the development of a mixed-use development consisting of 294 housing units, 20,000 square feet of retail space, and ~44,900 square feet of common open space on an 8-acre parcel

Original Project Description

The 8.1-acre project site is the existing Oaks Shopping Center on Stevens Creek Boulevard. The project site is currently developed with five buildings totaling approximately 71,250 square feet. The proposed project would demolish the existing buildings and construct 242 residential units and 20,000 square feet of commercial space. The project would consist of 18 buildings: three rowhouse, 13 townhouse, and two mixed-use residential buildings that would include 39 Below Market Rate senior housing. The project would include 37,601 square feet of common open space and 2,400 square feet of common retail outdoor space.

The project is further requesting the following waivers as part of their Density Bonus application (Project Plans are linked at the bottom of the page):

  • Height waivers for Building 1 (residential/commercial) and Building 2 (senior housing) from 45 ft. height limit to allow heights currently illustrated on Sheets G204 and A211 thru A217 (Building 1 would be 70’ 0” to the eave line, 79’ 6” to the roof ridge, and 91’ 9” to the top of the non-occupied tower.  Building 2 would be 55’ to the eave line, 64’ 6” to the roof ridge, and 73’ 9” to the top of the non-occupied tower.)
  • Slope setback waivers for Building 1 (residential/commercial) and Building 2 (senior housing) from 1:1 to slope setback currently illustrated on Sheet G204.(Building 1 would have a slope line of 1:2.08. Building 2 would have a slope line of 1:1.47.)
  • Waiver to CMC requirement that the affordable units be dispersed throughout the project (Section 19.56.050.G.1) to allow that all affordable units be located within the senior housing building (Building 2).

Below are links to the full project descriptions, as well as the waiver justification letters, as applied by the developer:

Westport Project Description

Affordable Senior Housing Description

Letter to Staff from C2K Architecture, Dated April 26, 2019

Letter to Staff from Andrew Faber, Dated February 26, 2019

Letter to Staff from C2K Architecture, Dated February 27, 2019

STATUS

Application complete. 

PUBLIC HEARINGS

A City-wide postcard was sent to at the end of March to notify the public of the tentatively scheduled public hearings concerning the Westport Development.

Westport City-wide Postcard

Environmental Review Committee - Tentatively scheduled for April 16, 2020.  

The Environmental Review Committee (ERC) will review the Draft Environmental Impact Report (DEIR) as well as the Response to Comments (RTC) and its Appendices. The RTC materials are linked below while the DEIR is linked under the Draft EIR & Notice of Availability section below.

Westport Response to Comments

Appendix A - Comment Letters

Appendix B: Air Quality and Greenhouse Gas Emissions

Appendix C - Transportation

DRAFT EIR & NOTICE OF AVAILABILITY

Please click on the link below for the Notice of Availability. 

Notice of Availability (NOA)

The 45-day public review period for the Draft EIR will start on Wednesday, November 6, 2019 and end on Friday, December 20, 2019. The Draft EIR is available for review below and at the Community Development Department counter.

Westport Draft EIR (DEIR)

Appendices referenced in the DEIR:

Appendix A - Initial Study

Appendix B - NOP & Scoping Comments

Appendix C - Air Quality Assessment

Appendix D - Arborist Report & Tree Removal

Appendix E - Greenhouse Gas Emissions

Appendix F - Limited Environmental Site Characterization

Appendix G - Acoustical Assessment

Appendix H - Transportation Assessment

A public meeting to receive comments on the adequacy of the Draft EIR is tentatively scheduled on Wednesday, December 11, 2019 at 6:30 p.m.. at the Senior Center Reception Hall, 21251 Stevens Creek Blvd. A separate notice will be issued for this meeting.

Comments on the Draft EIR are due no later than the close of the 45-day review period at 5:00 p.m. on Friday, December 20, 2019. Please send your written comments to Gian Martire, City of Cupertino, at the address shown above or email to GianM@cupertino.org with “Westport Mixed-Use Project EIR” as the subject. Public agencies providing comments are asked to include a contact person for the agency.

 

EIR PUBLIC SCOPING MEETING, NOTICE OF PREPARATION(NOP), & INITIAL STUDY

Notice is hereby given that the City of Cupertino (City) will be the Lead Agency and will prepare a project-level EIR for the Westport Mixed-Use Project (proposed project) pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code sections 21000 et seq.) and the CEQA Guidelines (Title 14, section 15000 et seq. of the California Code of Regulations). This Notice of Preparation (NOP) has been prepared in compliance with CEQA Guidelines section 15082. The purpose of this NOP is to solicit comments from public agencies and the public on the scope and content of the EIR for the project.

An EIR Scoping Meeting will be held on Thursday, July 18, 2019 from 6:45 to 8:45 p.m. at the Cupertino Community Hall, 10350 Torre Avenue, Cupertino.

Westport - Notice of Preparation

Public Review Westport Initial Study

Below are studies referenced in the Initial Study:

Langan Treadwell Rollo - Limited Environmental Site Characterization

Hort Science - The Oaks Cupertino, Tree Assessment Plan

EBI Consulting - Phase I Environmental Site Assessment

PIERS Environmental Services - Phase 1 Environmental Site Assessment

Langan Treadwell Rollo - Preliminary Geotechnical Investigation

APPLICATION SUMMARY

The Westport Cupertino development is a redevelopment proposal for the existing 71,254 square foot Oaks Shopping Center, located on an approximately 8 acre site.  The proposed project is described as follows:

  1. Development Permit  (DP-2018-05) application and environmental analysis (EA-2018-04) to allow the construction of a mixed-use development consisting of 242 housing units, 20,000 square feet of retail space, and ~35,000 square feet of common open space on an 8-acre parcel. 
  2. Architectural and site approval (ASA-2018-05) to evaluate the redevelopment of the Oaks Shopping Center into a mixed use development. The proposed 242 units will include 39 Below Market Rate Senior Housing Units, 88 for sale row houses and town houses, and 115 condominiums. Two mixed-use buildings will include approximately 20,000 square feet of retail, both serviced by at grade and below grade parking. 
  3. Tentative Map application (TM-2018-03) to approve a subdivision of the site. 
  4. Tree removal permit (TR-2018-22) allow the removal and replacement of 74 protected development trees.
  5. Use Permit (U-2019-03) to allow the development of residential units on a mixed-use Housing Element site that proposes units above the estimates in the Housing Element. 
  6. Heart of the City Exception (EXC-2019-03) to allow a development with less than 75% of the total building frontage along Stevens Creek Boulevard dedicated to the direct retailing of goods or services to the general public.