REPORT TO PLANNING COMMISSION
SUBJECT
Title
Proposed Project: Related applications on a 5.24-acre site:
SPECIAL DEVELOPMENT PERMIT: to redevelop a commercial site into a 242-unit multi-family development (80 townhomes and 162 apartment units) and 2,050 square feet commercial; and,
TENTATIVE MAP: to subdivide the existing lot into 31 lots and create 80 condominiums.
Location: 777 Sunnyvale Saratoga Road (APN: 201-36-002)
File #: PLNG-2023-0807
Zoning: ECR-MU54 (El Camino Real Specific Plan - Mixed Use)
Applicant / Owner: Valley Oak Partners, LLC (applicant) / Mardit Properties, LP (owner)
Environmental Review: Environmental impacts of the project are addressed in the El Camino Real Specific Plan (ECRSP) Environmental Impact Report (EIR). No additional review required as per CEQA Guidelines 15183.
Project Planner: Momo Ishijima, (408) 730-7532, mishijima@sunnyvale.ca.gov
Report
REPORT IN BRIEF
General Plan: El Camino Real Specific Plan (ECRSP)
Existing Site Conditions: A 58,897-square foot vacant commercial buildings and parking lot.
Surrounding Land Uses
North: Commercial and multi-family residential (apartments)
South: Multi-family residential (apartments)
East: Commercial shopping center across Sunnyvale Saratoga Road
West: Sunnyvale Tennis Center, orchard, and multi-family residential (apartments and townhomes) across South Mathilda Avenue
Issues: Concession and Waivers from Development Standards
Staff Recommendation: Alternative 1. Make the required findings to approve the CEQA determination that the project is consistent with the ECRSP EIR and no additional environmental review is required pursuant to CEQA Guidelines Section 15183 and approve the Special Development Permit based on the Recommended Findings in Attachment 3 and subject to the Recommended Conditions of Approval in Attachment 4.
BACKGROUND
Description of Proposed Project
The project site is 5.4 acres in size and is currently developed with 58,897-square feet of vacant commercial buildings. The proposed project consists of demolishing the existing buildings and constructing 80 three-story townhomes within 11 buildings and a seven-story building with 162 apartment units and 2,050 square feet of ground floor commercial space. The project proposes to utilize the State Density Bonus Law and is requesting one concession and 16 waivers.
A Special Development Permit (SDP) is required for the development of mixed-use projects in the ECR-MU54 zoning district per Sunnyvale Municipal Code (SMC) Section 19.36.060. A Tentative Map (TM) is required for the creation of 31 lots and 80 condominiums per SMC Chapter 18.20. The findings to grant approval for an SDP and TM are discussed in the Recommended Findings in Attachment 3. See Attachment 1 for a vicinity map and mailed noticed area and Attachment 2 for the Project Data Table.
Previous Actions on the Site
The site was developed as a commercial center (Orchard Supply Hardware store) in 1971. A nursery enclosure was constructed in 1983, and the site plan configuration has remained unchanged since then. Staff-level planning permits have been issued over the years for temporary signage and Christmas tree lots. Orchard Supply Hardware (OSH) closed in 2018. Prior to the development, the site was an agricultural use.
City Council approved SDP (#2015-7399) in September 2016, for the construction of a 11,600-square foot grocery store building adjacent to OSH, however, the grocery building was not constructed. A Miscellaneous Plan Permit (MPP) was approved by staff in January 2021, to allow for the display of four for-sale modular homes. The modular homes use vacated the site in February 2025.
The site has been in the El Camino Real (ECR) plan area since the adoption of the original Precise Plan for El Camino Real in 1993, with plan updates in 2007, and most recently with the current El Camino Real Specific Plan (ECRSP) in 2022. Upon adoption of the ECRSP, the site was rezoned from C-2/ECR (Highway Business / El Camino Real Precise Plan) to ECR-MU54 (El Camino Real - Mixed Use), where both residential mixed-use and commercial are planned uses. The applicant submitted and paid for an SB330 Preliminary Application on November 21, 2023, which locked in the development standards and fees in place at that time. There are no active Neighborhood Preservation complaints at the site.
EXISTING POLICY
General Plan Goals and Policies: A complete list of goals and policies from the Land Use and Transportation (LUTE) Chapter and other elements of the General Plan that pertain to the proposed project are in the Recommended Findings in Attachment 3.
El Camino Real Specific Plan
Vision Statement: The El Camino Real Specific Plan (ECRSP) will support and enhance community-serving retail and provide significant new residential options while advancing sustainability and improving transportation safety and mobility choices.
Guiding Principles, Goals, and Policies: A complete list of the guiding principles, goals, and policies from the ECRSP that pertain to the proposed project are also in Attachment 3.
ENVIRONMENTAL REVIEW
A Program-level EIR was prepared for the overall ECRSP (State Clearinghouse No. 2017102082) per the California Environmental Quality Act (CEQA), which was certified by the City Council on June 20, 2022, and identified broad environmental impacts resulting from the proposed development intensities. Certification of the ECRSP EIR included adoption of a Mitigation Monitoring and Reporting Program (MMRP) with required measures to reduce the potentially significant impacts to a less than significant level, although some impacts of the ECRSP would still be significant and unavoidable even with mitigation measures implemented. A Statement of Overriding Considerations was therefore also adopted in conjunction with the ECRSP EIR acknowledging the presence of the remaining significant and unavoidable impacts but identifying overriding reasons to approve the plan despite the impacts. The ECRSP MMRP (see Attachment 6) has been incorporated into the Recommended Conditions of Approval in Attachment 4.
The City’s consultant, Michael Baker International, prepared an environmental checklist (Attachment 7) to determine whether the environmental impacts of the proposed project are within the scope of the ECRSP EIR, or if the project or changed environmental conditions result in new or substantially more severe environmental impacts, as compared to those considered in the ECRSP EIR. The checklist also considered whether there is new information of substantial importance showing that new or substantially more severe environmental impacts would occur compared to that evaluated in the ECRSP EIR.
Review of the project, including technical studies, confirmed the project is consistent with the certified ECRSP EIR analyses and did not reveal new impacts that warranted further environmental review pursuant to Section 15183 of the CEQA Guidelines (consistency with the General Plan; the ECRSP is considered part of the General Plan). The proposed 242 residential units are consistent with the residential density studied in the ECRSP EIR. The proposed project’s reduced ground floor commercial area of 2,050 square feet does not warrant additional analysis, as the deficiency would not result in greater or different impacts than those already studied in the ECRSP EIR. Therefore, staff finds that the environmental impacts of the project are addressed in the ECRSP EIR and that no additional review is required as per CEQA Guidelines 15183. (See Attachment 15 for website links to the ECRSP EIR)
DISCUSSION
Present Site Conditions
The project site is 5.24 net acres in size, with street frontage on South Mathilda Avenue along the west property line and Sunnyvale-Saratoga Road on the east property line. The site is currently developed with 58,897-square foot commercial buildings with surface parking all around. There are commercial and multi-family developments to the north, shopping center to the east, multi-family development to the south, and the Sunnyvale Tennis Center, orchard, and multi-family developments to the west. The area is designated the Civic Center Node in the ECRSP with commercial, civic, and recreational uses, as well as being located approximately 0.5-miles from Downtown Sunnyvale.
El Camino Real is considered a high-quality transit corridor, as it has bus service with service intervals no longer than 20 minutes during peak hours. The Santa Clara Valley Transportation Authority (VTA) line 22 and rapid line 522 traverses El Camino Real throughout the City of Sunnyvale. There is a VTA bus stop approximately 300 feet from the project site on Sunnyvale-Saratoga Road which is also served by VTA line 55 and rapid line 523.
Site Layout and Architecture
The proposed project includes two residential components, totaling 242 units:
A 2,050-square foot commercial space is also proposed on the ground floor of the apartment building facing South Mathilda Avenue.
The project implements the ECRSP vision for a pedestrian oriented streetscape with a new 11-foot wide sidewalk with street trees along South Mathilda Avenue and Sunnyvale Saratoga Road, defined as the Through Zone and Furniture Zone in the ECRSP. A 15-foot Frontage Zone, which defines the build-to-line or front setback, will include amenities such as porches, awnings, planters, bicycle racks, and lighting as prescribed in the ECRSP. The project proposes open space on the podium deck and roof of the apartment building, and landscape and open spaces between the townhouse buildings include a publicly accessible pedestrian connection through the development connecting South Mathilda Avenue to Sunnyvale Saratoga Road. (See Attachment 5). The project generally maintains 37 to 58-foot setback to the south property line except for building.
The project architecture for the townhomes can be described as contemporary style with varying rooflines of flat and shed roof forms, vertical projections and offsets break up the massing along the building façades, stucco walls have a range of white, gray and navy color tones, fiber cement panels which appear like horizontal wood siding add warmth, and the black metal railings at the roof top balconies accent the design. Along the Sunnyvale-Saratoga Road frontage, the ground floor porch areas are recessed creating a separation from the street and the front door of the townhouse units.
The project architecture of the apartment is modern with the lobby, commercial area, and podium parking on the first two floors, and residences on the floors above. The building is an upside-down letter “F” with three vertical projections located at the South Mathilda Avenue build to line and two areas recessed with podium roof open space areas. The building has white stucco walls at the front projections and brown and dark gray stucco walls in the recessed areas accented with warmer toned fiber cement panels which appear like horizontal wood siding. Shading devices are proposed to add interest and break up the flatness of the elevations. Multi-colored cement board slats are proposed to screen the podium parking area.
Staff finds that the proposed architectural design is substantially consistent with the ECRSP design guidelines through use of high-quality materials, attention to detail at focal points including both street frontages, urban forms that vary in height and depth, and interesting pedestrian-scale elements that define the ground floor.
Residential Density
The applicable residential density requirement (“base maximum density”) is 54 dwelling units per acre, as prescribed by development standards in SMC Chapter 19.36. A minimum of 85% of the base maximum density is also required in the SMC. The proposed density of 46 dwelling units per acre complies with the ECRSP density requirements.
State Housing Legislation
The project is considered a “housing development project” under the Housing Accountability Act (HAA) and Housing Crisis Act (SB 330) because it is a multi-family development. These laws limit the circumstances to deny a housing development project that is consistent with applicable “objective standards.” The HAA defines “objective” to mean, “involving no personal or subjective judgement by a public official and being uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and public official.” When a project complies with all applicable objective standards, cities are prohibited from reducing units or denying the project unless, based on a preponderance of evidence, the city finds there is a specific, adverse impact on public health or safety where there is no feasible method to mitigate or avoid without denying or reducing the density of the project.
Development Standards
The project complies with several applicable development standards in the SMC, such as side setbacks, total landscaped area, bicycle parking, and solar access. The applicant proposes to utilize the State Density Bonus Law for one concession and 16 waivers. The Project Data Table in Attachment 2 summarizes the project's compliance with SMC development standards.
State Density Bonus Law
The project will include twelve (12) units that will be available for sale to moderate income households, sixteen (16) units that will be available to rent for low-income households, and eight (8) units that will be available to rent for very-low income households (15% affordable). This affordability level qualifies the project for State Density Bonus Law and allows the developer to request one concession and unlimited number of waivers.
Concession: The project is entitled to one concession, which means relief from compliance with an objective regulatory requirement that results in identifiable and actual cost reductions to the project. The applicant requests a concession to allow non-recessed windows, where the ECRSP standard (4.3.a) requires windows to be recessed at least 3 inches.
The applicant’s State Density Bonus Law Request Letter in Attachment 8 notes that the requirement to recess windows would require additional space, framing, building supplies and labor, and detrimental to the financial feasibility of the Project. The reduced interior window pocket eliminates typical and more economical window treatment options and significantly increases the per window costs by approximately $620 per window.
Waivers: Unlimited waivers (reduction in development standards) are permitted if the applicant can demonstrate that compliance with the development standards would physically preclude them from constructing the proposed development with the allowed number of units. The applicant has provided a letter (see Attachment 8 and exhibits Attachment 9), which provides these justifications. The applicant requests the following 16 waivers:
1. Standards for Vehicle Access from Primary Street Frontage: A 5-foot wide pedestrian walkway on at least one side is required within the first 50 feet of a vehicle access lane and must include a minimum 3-foot wide landscaped area on both sides with either pedestrian scaled lighting 8-foot pole or bollard at a minimum of 0.5-foot candles. The northwest entrance and the west side of the southwest South Mathilda Avenue do not conform (ECRSP 6.2.a).
2. Maximum Building Height: The maximum building height in a node is 75 feet. The apartment portion of the project proposes 79 feet 2 inches to the top of the parapet and 86 feet to the top of the elevator (SMC Section 19.36.100A).
3. Fifth Story Stepback: A 10-foot stepback from the face of the building for at least 60% of the building frontage length for the fifth story and above is required. The project proposes a stepback for approximately 37.7% of the building frontage on South Mathilda Avenue (SMC Section 19.36.100B.C).
4. Minimum Daylight Plane Angle: A minimum daylight plane angle of 45 degrees as measured from the lot line shared with a non-plan area property is required. One townhouse building on the Sunnyvale Saratoga Road measures 72 degrees to the south property line of the Villa Cerise Apartments (SMC Section 19.36.100B.G1).
5. Minimum Ground Floor Active Use Area: 6,930 square feet of active area is required. The project proposes 2,050-square feet of ground floor active use area (SMC Section 19.36.100B.D).
6. Landscape and Open Space: A minimum usable open space of 150 square feet per unit and other landscape area to be 20% of the lot area are required. The project proposes usable open space to be 118.6 square feet per unit and other landscape area to be 16% (SMC Section 19.36.130).
7. Individual Lockable Storage: A minimum of 200 to 300 cubic feet of lockable storage space for each unit (depending on bedroom size) for a total of 40,600 cubic feet is required. The project proposes 40 cubic feet of lockable storage per unit (or total 6,584 cubic feet) (SMC Section 19.38.040).
8. Community Room: A community room or clubhouse of 450 square feet for use by all members of the residential community is required. No community room is provided (SMC Section 19.38.045).
9. Minimum Ground Floor Commercial Area: A minimum ground floor commercial area of 12,300 square feet is required. The project proposes 2,050 square feet of commercial area (SMC Section 19.36.090 footnote [2]).
10. Minimum Ground Floor Plate Height (Commercial): An 18-foot minimum ground floor plate is required. The project proposes an 11 foot plate height (SMC Section 19.36.100B.F1).
11. Building Length and Articulation: Building elevations must be divided into major and minor recesses. Building articulation is not conforming on elevations of the apartments and townhomes (ECRSP 3.4.1.a).
12. Perimeter Landscaping: A 10-foot landscape buffer along the perimeter is required. The project proposes a 2-foot landscape buffer to the north of the apartment building and 3 feet 2 inches adjacent to parking along the south property (SMC Sec 19.37.040(b)(1) and ECRSP 6.3.c).
13. Minimum Setback and Landscape Standards: A landscape buffer minimum of 10 feet to be provided on all sides of the parking structure. No landscape buffer is provided around the podium parking of apartment building (ECRSP 6.4.1.a).
14. Visual Impact Standards: The above-ground parking structure is required to be wrapped with active building uses for at least 75% of the frontage along the public right of way and the active use shall be at least 30 feet deep. The project proposes 9.9% at 30 to 47 feet deep (ECRSP 6.4.1.b).
15. Required Distance Between Main Building: A minimum of 26 feet between buildings is required. Two townhome buildings range between 19 feet and 19 feet 3 inches (SMC Section 19.48.030).
16. Setback and Build to Line: A front minimum setback and frontage zone (build to line) of 15 feet minimum is required. The project proposes living area encroachments on units above the third floor of the apartment at 11 feet (SMC Sec 19.36.100, 19.48.070 and ECRSP 4.5).
The applicant’s justification letter cites specific site constraints that limit the ability to comply with the development standards listed above, thereby, warranting a request for waivers. To meet circulation requirements for emergency vehicles and solid waste collection, required setbacks, and greater build-to-lines for two street frontages, staff finds that the requested waivers for reduced commercial, distance between buildings, daylight plane, landscape buffer (perimeter and around the garage and at driveways), other landscaping, usable open space are justified. In addition, the reduced ground floor plate height for commercial allows the overall height of the apartment buildings to be as proposed without losing a floor of residences (see Attachment 8 - State Density Bonus Law Request Letter from Applicant). Therefore, staff finds that the requested waivers meet the State Density Bonus Law finding.
Staff also finds that granting the waivers is reasonable and would not result in negative impacts. Exterior setbacks that would impact the streetscape (at ground floors) and adjacent neighbors exceed minimum requirements. The height of the townhouse buildings is also less than the maximum allowed for the site. The proposed townhouse garage area and layout allows for adequate storage space for trash carts, as washer and dryer units will be placed inside the townhomes.
Parking Reduction: The proposed project does not seek a parking reduction under the State Density Bonus Law.
Traffic
The project provides enhanced multimodal transportation access, and would install sidewalk improvements along its project frontages, including street trees and pedestrian-scaled lighting in accordance with ECRSP requirements. Per Council Policy 1.2.8, Vehicles Miles Traveled (VMT) is used to identify potential transportation impacts of a proposed land use project. The project is in an area where the average VMT per capita is 15% below the Countywide VMT Baseline Average. Therefore, the project will not trigger any transportation-related impacts per CEQA and a VMT analysis is not required.
A Local Transportation Analysis (LTA) was required for operational impacts per the City’s Transportation Analysis Guideline for VMT and LTA (see Attachment 11). The proposed Project would generate approximately 1,479 daily trips, 134 trips (37 in, 97 out) during the a.m. peak hour, and 144 trips (86 in, 58 out) during the p.m. peak hour. The LTA concludes that all study intersections function within acceptable LOS standards except for Mathilda Avenue & Indio Way (Study Intersection 2), which operates at LOS F during the a.m. peak hour. Freeway segment, freeway ramp, intersection queuing were also analyzed and the applicant will be contributing to the construction or in-lieu fee payment of upgrades to the following (included in Attachment 4 - Recommended Conditions of Approval):
• Sunnyvale-Saratoga Road & El Camino Real;
• HAWK Crosswalk on Sunnyvale Saratoga Road along project frontage; and
• Raised Median on Sunnyvale Saratoga Road along project frontage.
Transportation Demand Management
The project is subject to the City’s multifamily residential TDM requirements, with a minimum of 10 points required from the adopted TDM strategies list. The project exceeds the 10 required TDM points through its proximity to a major transit route and commercial uses, and access improvements including providing the publicly accessible pedestrian connection and improvements to the crosswalk on Sunnyvale Saratoga Road. (See Attachment 10)
Parking
The project is located less than 500 feet (0.09 miles) from a major transit stop on Sunnyvale-Saratoga Road. State Assembly Bill (AB 2097) prohibits public agencies from imposing minimum parking requirements for projects located within 0.5-mile of a major transit stop. This includes residential, mixed use, commercial, and industrial uses. There are no minimum parking requirements for this project.
The project has been designed to include 299 total parking spaces, including 160 townhome parking spaces within garages (2 per townhome unit), and 121 apartment parking spaces within a parking garage (0.75 per apartment unit).
The proposed project meets the minimum required bicycle parking spaces by providing 110 Class I (long-term) spaces and 14 Class II (short-term) spaces, where a minimum of 109 Class I (long-term) spaces and 12 Class II (short-term) spaces are required.
Landscaping and Tree Preservation
A Preliminary Arborist Report was prepared for the proposed project, which identified 10 protected trees with trunks that are at least 38 inches in circumference measured 4.5 feet from grade per SMC Chapter 19.94. The proposed project includes removal of 10 protected trees due to conflicts with the proposed building locations, circulation areas, and public improvements in various areas of the site.
The City Arborist and Planning Division staff walked the project area with the applicant to verify the proposed removals and finds the tree removals to be reasonable. The proposed project has been designed to accommodate 193 new trees scattered throughout the site, which complies with the City’s Tree Replacement Standards.
The existing row of redwood trees on the northside of the project are located on the adjacent apartment property and will not be impacted by the project and will continue to provide screening for the proposed seven-story apartment building. A row of new trees will be planted along the southern property line to help provide screening to the adjacent multi-family development.
Green Building and Reach Code Requirements
In accordance with Green Building Program requirements, the project would be required to achieve a minimum of 90 points on the GreenPoint Rated checklist.
Solid Waste and Recycling Access
The project includes single-family recycling and garbage service, with individual carts to be staged on-site during trash collection in front of the individual garage doors and along the south private road for the townhomes. The apartment proposes trash chutes on each floor with a central trash room on the ground floor to be maintained by the apartment maintenance team and bins will be located in appropriate collection areas on service days. The applicant has worked with Environmental Services and Public Works Department staff to determine that the internal circulation satisfies the requirements for solid waste and recycling collection vehicles for both the townhomes and apartments.
Vesting Tentative Map
The Vesting Tentative Map calls for subdivision of the existing lot into 31 lots and 80 condominiums-style ownership for the townhome units. A Homeowners Association (HOA) will ensure ongoing maintenance of common areas such as surface parking, private walkways, public pedestrian access, private utilities, and public utilities.
Easements
The development includes several easements to enable ingress/egress and emergency vehicle access, and a three-foot street easement that would be dedicated along South Mathilda Avenue. In addition, a public access easement (for pedestrians only) through the site, connecting Mathilda Avenue and Sunnyvale Saratoga Road will be provided, as well as public utility easements and private easements for storm drain, sanitary sewer, water, and fire service.
Fiscal Impact
The project will be subject to the payment of fees including the Park In-Lieu Fee, Transportation Impact Fee, ECRSP-Specific Transportation Impact Fee, and ECRSP Plan Maintenance Fee as noted in the Conditions of Approval.
Public Contact
Neighborhood Outreach Meeting
The applicant hosted an online neighborhood outreach meeting on December 18, 2024, with 16 members of the public present. The attendees asked questions about parking, City funding of affordable housing, and construction schedule. The concerns expressed were regarding parking, lane closures during construction, and height of the apartment building. Several correspondences from neighbors expressing concerns related to parking were received after and have been included as an attachment (see Attachment 12).
Under the conditions of project approval, a Construction Management Plan will be required to be submitted for staff’s review of the construction schedule, equipment and material staging, construction parking, truck routes, and lane closure protocol (see Attachment 4, Condition of Approval BP-8).
Planning Commission Study Session
The Planning Commission reviewed the project plans at a study session on January 14, 2025. The Planning Commission was generally supportive of the project design but inquired about the waivers and parking. Three members of the public commented on parking, construction labor, and support for the project. The applicant has provided an internal circulation diagram and noise memorandum, related to the podium and roof top open spaces, in response to questions raised by the Planning Commission during the Study Session (see Attachment 13 and 14).
At the time of the Planning Commission Study Session on January 14, 2025, staff provided, as a response to a question from a Planning Commissioner, that a condition of approval would be added to install a mechanical parking solution to offset the deficiency for the SMC parking requirement (approximately 40 spaces for the apartment). Subsequently, staff became aware of a change to the State law definition of a “major transit stop” under Assembly Bill (AB) 2553, which extended the transit frequency (headway) for major transit stop from 15 to 20 minutes. With the revised definition that allows for longer headways, the VTA bus stop at Sunnyvale-Saratoga Road and El Camino Real is now considered a major transit stop and hence, local parking minimum standards cannot be imposed per AB 2097. However, as noted in the parking section of this report, a total of 299 parking spaces are proposed.
Public Noticing
Public contact was made by posting the Planning Commission meeting agenda on the City's official notice bulletin board at City Hall. In addition, the agenda and this report are available at the City Hall reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
3,402 notices were sent to surrounding property owners and residents adjacent to the subject site in addition to standard noticing practices, including advertisement in the Sunnyvale Sun Newspaper and on-site posting. No letters or calls were received from the public by staff.
NEXT STEPS AND ULTIMATE PROJECT
After this project is approved by the Planning Commission, the applicant will be requesting approval of an Alternative Compliance Plan by the Housing and Human Services Commission (recommending body) and the City Council (decision making body). The SMC requires projects requesting Alternative Compliance to receive approval of a Below Market Rate (BMR) compliant project before a request for Alternative Compliance may be requested. The BMR compliant project that is being considered by the Planning Commission results in affordable units in both the apartments and townhouses. The Alternative Compliance proposal would focus all affordable units in the apartment building (except for the two managers units) and make all the townhouses market rate.
The Planning Commission’s discretion is limited to the BMR compliant project described in this staff report. If the project is approved by the Planning Commission, the applicant’s next step will be to move forward with an Alternative Compliance Plan request. The request would result in what the applicant has referred to as the Ultimate Project. This would include the following:
The 80 townhomes would change to 100% market rate and the 160 apartments would become an affordable housing development (with two market rate manager’s units). The 2,050 square feet of commercial space would be absorbed into the affordable housing development as active community space for the residents. This would result in the total affordable units throughout the development from 15% (current project) to over 66% (Ultimate Project). The Ultimate Project would result in the elimination of the need for the following waivers:
• Minimum Ground Floor Active Use Area
• Minimum Ground Floor Commercial Area Requirements for Mixed-Use Development
• Minimum Ground Floor Plate Height (Commercial)
In October 2024, the City Council amended the ECRSP to allow no commercial square footage for projects that do not front El Camino Real and propose at least 66% affordable units. The “Ultimate Project” meets this criterion and would no longer be required to provide the 2,500 square feet of commercial. Instead, the applicant has indicated that the area would be converted into active residential amenity space as required by the adopted Commercial Incentives for Affordable Projects in October 2024.
ALTERNATIVES
1. Make the required findings to approve the CEQA determination that the project is consistent with the ECRSP EIR and no additional environmental review is required pursuant to CEQA Guidelines Section 15183 and approve the Special Development Permit based on the Recommended Findings in Attachment 3 and Recommended Conditions of Approval in Attachment 4.
2. Make the required findings to approve the CEQA determination that the project is consistent with the ECRSP EIR and no additional environmental review is required pursuant to CEQA Guidelines Section 15183 and approve the Special Development Permit based on the Recommended Findings in Attachment 3 with modified Conditions of Approval in Attachment 4.
3. Do not make the required Findings and direct staff where changes should be made.
STAFF RECOMMENDATION
Recommendation
Alternative 1. Make the required findings to approve the CEQA determination that the project is consistent with the ECRSP EIR and no additional environmental review is required pursuant to CEQA Guidelines Section 15183 and approve the Special Development Permit based on the Recommended Findings in Attachment 3 and Recommended Conditions of Approval in Attachment 4.
JUSTIFICATION FOR RECOMMENDATION
The proposed project furthers the goals and objectives of the General Plan and ECRSP by providing a combination of ownership and rental housing along the El Camino Real Specific Plan corridor consistent with planned density. The proposed project includes land uses/intensities and a project design that contributes towards an improved quality of life, a more balanced jobs-to-housing ratio, and minimizes sprawl. The project also complies with the ECRSP’s objective design standards, contributes to a sense of place, and an enhanced pedestrian experience within the ECRSP and the South Mathilda Avenue and Sunnyvale Saratoga Road streetscapes. The applicant’s justifications for the requested concession and waivers are reasonable as they still result in a well-designed project. No new significant environmental impacts would occur with implementation of the project and all approved mitigation measures in the ECRSP EIR would continue to be implemented.
Staff also finds that neighborhood impacts are minimized, as the project complies with most development standards that impact the site periphery, such as side setbacks, solar shading, and building heights (for townhomes). In addition, the required right-of-way improvements, such as wider sidewalks along both street frontages and a HAWK crosswalk on Sunnyvale Saratoga Road as well as publicly accessible pedestrian path will be an improvement to the neighborhood.
Levine Act
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits city officials from participating in certain decisions regarding licenses, permits, and other entitlements for use if the official has received a campaign contribution of more than $500 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
An “X” in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
SUBJECT TO THE LEVINE ACT
_X_ Land development entitlements
___ Other permit, license, or entitlement for use
___ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract*
___ Labor or personal employment contract
___ Contract under $50,000 or non-fiscal
___ Contract between public agencies
___ General policy and legislative actions
* "Competitively bid" means a contract that must be awarded to the lowest responsive and responsible bidder.
Staff
Prepared by: Momo Ishijima, Senior Planner
Reviewed by: Noren Caliva-Lepe, Principal Planner
Approved by: Shaunn Mendrin, Planning Officer
ATTACHMENTS
1. Noticing and Vicinity Map
2. Project Data Table
3. Recommended Findings
4. Recommended Conditions of Approval
5. Site and Architectural Plans
6. ECRSP Mitigation Monitoring and Reporting Program
7. CEQA Environmental Checklist
8. State Density Bonus Law Request Letter from Applicant
9. State Density Bonus Law Concessions and Waivers Exhibits
10. Transportation Demand Management Program
11. Local Transportation Analysis
12. Public Comments Received
13. Applicant Circulation Diagram
14. Applicant Noise Memorandum
15. Website Links to El Camino Real Specific Plan EIR documents