Planning commission approves modified Westport Building 1 plan after months-long debate; conditions include park-fee refund tied to added retail and TDM

The Cupertino Planning Commission voted unanimously to approve changes to Building 1 of the Westport project — an assisted‑living and memory‑care building with ground‑floor retail — while attaching conditions including a refund of the remaining parkland dedication fee contingent on adding retail and a transport-demand-management (TDM) plan for on-site employees.

Why it matters: Westport is a large multi‑parcel redevelopment of the former Oaks shopping center. The developer, Related Companies, said economic conditions and construction‑cost escalation since the project’s original entitlement made the previously approved program infeasible. The commission’s action keeps the project moving but adds conditions intended to protect community retail access and address potential parking impacts.

Key approvals and changes - Unit count: The applicant requested a density‑bonus concession to increase assisted‑living dwelling units on Building 1 from 123 to 136. The commission approved the requested change as part of the modification. - Retail: The original entitlement included approximately 17,600 square feet of ground‑floor retail. The applicant proposed reducing the retail footprint to roughly 4,000 square feet (corner-concentrated). The commission approved the modification but attached a condition that would refund the outstanding parkland dedication fee in exchange for the developer increasing the retail footprint (the staff motion that passed ties the refund to adding 4,000 square feet of retail, for a total of roughly 8,000 square feet). - Parking: The applicant proposed eliminating about 50,000 square feet of below‑grade parking on the Building 1 parcel and replacing it with surface stalls, based on operational assumptions for assisted living. Staff and the applicant reported a projected deficiency compared with the prior entitlement; staff…