REPORT TO PLANNING COMMISSION
SUBJECT
Title
File #: 2013-7525
Location: 280 Santa Ana Ct. (APNs: 205-33-002, -005, -007, -009, -010, -011, -012, -013, -014)
Zoning: M-S (Industrial and Service) Zoning District
Proposed Project: CENTRAL & WOLFE CAMPUS PROJECT
DRAFT ENVIRONMENTAL IMPACT REPORT (DEIR) -
PUBLIC COMMENTS
The DEIR has evaluated related applications to allow three interconnected 6-story office buildings totaling approximately 777,000 square feet, a 6-story parking garage and 2,541 parking spaces on a 17.84 acre site; Applications include a REZONE, DESIGN REVIEW, VESTING TENTATIVE MAP and a DEVELOPMENT AGREEMENT
Applicant / Owner: Landbank Investments, LLC
Environmental Review: Draft Environmental Impact Report (DEIR)
Report
BACKGROUND
In 2013, Landbank Investments, LLC, submitted an application to demolish the existing structures and build three interconnected six-story office buildings (totaling 777,170 square feet) on approximately 17.84 acres located between East Arques Ave, North Wolfe Road, and Central Expressway.
The requested City approvals and land use entitlements include the following.
· Rezoning the project site from M-S to M-S (FAR 100%);
· Major Design Review for a 777,170 square foot office complex, including onsite parking and associated amenities;
· Vesting Tentative Subdivision Parcel Map to reconfigure the existing parcels into a single condominium parcel;
· Development Agreement between Landbank Investments LLC and the City of Sunnyvale;
· Vacation of Santa Ana Court with the abandonment of the right-of-way; and
· Draft Environmental Impact Report (Draft EIR) to analyze the potential environmental impacts of the proposed project.
DISCUSSION
The California Environmental Quality Act (CEQA) requires that agencies approving a project that has the potential to effect the environment evaluate those impacts prior to approving the project or program. In Sunnyvale, most projects reviewed by the Planning Commission receive a Negative Declaration or Mitigated Negative Declaration. For larger projects and activities and for any proposal that has the potential for a significant impact on the environment, an Environmental Impact Report (EIR) is prepared. The process and procedures to prepare these documents is spelled out in the CEQA law, the CEQA Guidelines, or by local rules that further define how CEQA is implemented.
Because of the size of the project and the associated potential transportation impacts, City staff determined that an EIR should be prepared for the Central & Wolfe campus project. Consequently, a Notice of Preparation (the start of the 30-day scoping process) was issued on September 2, 2013 and a public scoping meeting was held on September 19, 2013. The 45-day public review and comment period for the Draft EIR is April 18, 2014 through June 2, 2014. The purpose of the Planning Commission hearing is to present the public with another opportunity to provide comments on the Draft EIR (in addition to providing written comments during the review and comment period).
The members of the Planning Commission were previously provided a copy of the Draft EIR which can be viewed at: CentralandWolfe.inSunnyvale.com
The purposes of the review of an EIR include:
(a) Sharing expertise,
(b) Disclosing agency analysis,
(c) Checking for accuracy,
(d) Detecting omissions,
(e) Discovering public concerns, and
(f) Soliciting counter proposals.
Attached for your information is a section from the CEQA Guidelines on Review and Evaluation of EIRs and Negative Declarations. Staff notes, in particular:
15204. Focus of Review
(a) In reviewing draft EIRs, persons and public agencies should focus on the sufficiency of the document in identifying and analyzing the possible impacts on the environment and ways in which the significant effects of the project might be avoided or mitigated. Comments are most helpful when they suggest additional specific alternatives or mitigation measures that would provide better ways to avoid or mitigate the significant environmental effects. At the same time, reviewers should be aware that the adequacy of an EIR is determined in terms of what is reasonably feasible, in light of factors such as the magnitude of the project at issue, the severity of its likely environmental impacts, and the geographic scope of the project. CEQA does not require a lead agency to conduct every test or perform all research, study, and experimentation recommended or demanded by commenters. When responding to comments, lead agencies need only respond to significant environmental issues and do not need to provide all information requested by reviewers, as long as a good faith effort at full disclosure is made in the EIR.
Comments on the desirability (or lack of desirability) of the project should be reserved for the public hearing to consider the Final EIR and the related applications for the project. Speakers who have previously submitted written comments do not need to restate their comments at the public hearing.
The Planning Commission is not conducting a public hearing for the purposes of making a recommendation or decision. The hearing is a courtesy forum to receive public comments. Therefore, the Commission should accept the testimony and not pose questions or engage in dialogue with the speakers unless needed to clarify a point. Neither staff nor the City's EIR consultant will respond to the comments on the DEIR at the Planning Commission meeting. Minutes of the Planning Commission hearing will be included as formal comments on the DEIR. All written comments and those oral comments received during the Planning Commission hearing will be included with appropriate responses in the Final EIR.
The Planning Commission may comment on the adequacy of the DEIR after the public hearing. If your comment has already been raised, it is not necessary to repeat it, as the same comment will receive only one response.
To assist in your understanding of what is required of an EIR, attached is Article 10 of the CEQA Guidelines (Considerations in Preparing EIRs and Negative Declarations). Also, keep in mind that the CEQA process is the "first" step and that project analysis and review is the second step. The Planning Commission will review the Final EIR and the related project applications (Rezoning, Design Review, Vesting Tentative Map, and Development Agreement) at a future hearing and make a recommendation to the City Council.
Staff
Prepared by: David Hogan, Contract Planner
Approved by: Trudi Ryan, Planning Officer
Attachments
ATTACHMENTS
1. Article 10: CEQA Guidelines - Considerations in Preparing EIRs and Negative Declarations
2. Article 13: CEQA Guidelines - Review and Evaluation of EIRs and Negative Declarations