REPORT TO COUNCIL
SUBJECT
Title
Proposed Project: Related applications on a 4.99-acre site:
DEVELOPMENT AGREEMENT (DA): Introduce an Ordinance Approving a DA between the City of Sunnyvale and BEP Moffett Park LLC.
MOFFETT PARK SITE MASTER PLAN (MPSMP): To establish horizontal site planning and vertical floor area allocations.
MOFFETT PARK SPECIAL DEVELOPMENT PERMIT (MPSDP): To demolish two existing office/R&D buildings and all site work and construct three (3) level office/R&D building over a three (3)-level above-grade podium with podium-level private roof deck.
Location: 333-385 Moffett Park Drive (APN:110-34-005)
File #: PLNG-2025-0137 (DA & MPSMP) & PLNG-2025-0072 (MPSDP)
Zoning: Moffett Park (MP-02)
Applicant: Ellis Partners
Owners: BEP Moffett Park LLC
Environmental Review: No additional review required per California Environmental Quality Act (CEQA) Guidelines Section 15183 as the environmental impacts of the project are addressed in the Moffett Park Specific Plan (MPSP) Environmental Impact Report (EIR).
Project Planner: Margaret Netto, (408) 730-7628, mnetto@sunnyvale.ca.gov
Report
SUMMARY OF COMMISSION ACTION
The Planning Commission considered this item on November 24, 2025, after being continued from the Planning Commission hearing of November 10, 2025.
One member of the public spoke in support of the proposed project and development agreement noting compliance with the Moffett Park Specific Plan.
The Planning Commission voted 4-0 (with Commissioners Davis, Iglesias and Sigura absent) to make the findings required by Resolution No. 371-81 related to development agreements (Attachment 3 to the Report) and recommend that the City Council:
• Make the required Findings to approve the CEQA determination that the project is consistent with the Moffett Park Specific Plan’s Program Environmental Impact Report and no additional environmental review is required under Section 15183 of the California Environmental Quality Act (CEQA) Guidelines; and,
• Introduce an Ordinance Approving and Adopting a Development Agreement between the City of Sunnyvale and BEP Moffett Park LLC. (Attachments 2); and
• Approve the Moffett Park Site Master Plan (MPSMP) and Moffett Park Special Development Permit (MPSDP) based on the Recommended Findings in Attachment 4 and Modified Recommended Conditions of Approval (COAs) in Attachment 5.
At the Planning Commission public hearing, staff recommended certain modifications to the COAs, based on the applicant’s request to clarify some language in several COAs. The Planning Commission agreed with the recommended changes to the Conditions of Approval. These changes are shown in red text in Attachment 5. Following the Planning Commission meeting, the applicant requested clarification on a few other COAs. These revisions, that staff recommends, have been incorporated into Attachment 5 and are shown in tracked changes with strikethrough and underlined text.
Public Comment letters received prior to date of publication of the agenda and report are provided in Attachment 10 to the report.
Excerpt draft minutes of the November 24, 2025 Planning Commission hearing can be found in Attachment 12.
Two errors have been corrected in the Planning Commission Findings (Attachment 3) by replacing DSP and Downtown Specific Plan with MPSP and Moffett Park Specific Plan, respectively.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. 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.
ALTERNATIVES
1. Approve the Development Agreement, Site Master Plan and Special Development Permit
a. Find that the project is consistent with the Moffett Park Specific Plan’s Program Environmental Impact Report and no additional environmental review is required under Section 15183 of the Guidelines to the California Environmental Quality Act (CEQA); and
b. Make the findings required by Resolution No. 371-81 related to development agreements (Attachment 3 to the Report); and
c. Introduce an Ordinance Approving a Development Agreement between the City of Sunnyvale and BEP Moffett Park LLC (Attachment 2 to the Report); and
d. Approve the Moffett Park Site Master Plan (MPSMP) and Moffett Park Special Development Permit (MPSDP) based on the Recommended Findings in Attachment 4 and Recommended Conditions of Approval in Attachment 5.
2. Approve the Development Agreement, Site Master Plan and Special Development Permit (with modifications)
a. Find that the project is consistent with the Moffett Park Specific Plan’s Program Environmental Impact Report and no additional environmental review is required under Section 15183 of the Guidelines to the California Environmental Quality Act (CEQA); and
b. Make the findings required by Resolution No. 371-81 related to development agreements (Attachment 3 to the Report); and
c. Introduce an Ordinance Approving a Development Agreement between the City of Sunnyvale and BEP Moffett Park LLC (Attachment 2 to the Report) with modifications; and
d. Approve the Moffett Park Site Master Plan (MPSMP) and Moffett Park Special Development Permit (MPSDP) based on Recommended Findings in Attachment 4 and Recommended Conditions of Approval in Attachment 5, subject to modifications.
3. Deny the Development Agreement, Site Master Plan and Special Development Permit
a. Do not introduce the Development Agreement Ordinance and provide direction to staff and the developer on desired modifications; and
b. Deny the Moffett Park Site Master Plan (MPSMP) and Moffett Park Special Development Permit (MPSDP); and provide direction to staff and the applicant on where changes should be made.
STAFF RECOMMENDATION
Recommendation
Alternative 1:
Approve the Development Agreement, Site Master Plan and Special Development Permit
a. Find that the project is consistent with the Moffett Park Specific Plan’s Program Environmental Impact Report and no additional environmental review is required under Section 15183 of the Guidelines to the California Environmental Quality Act (CEQA); and
b. Make the findings required by Resolution No. 371-81 related to development agreements (Attachment 3 to the Report); and
c. Introduce an Ordinance Approving a Development Agreement between the City of Sunnyvale and BEP Moffett Park LLC (Attachment 2 to the Report); and
d. Approve the Moffett Park Site Master Plan (MPSMP) and Moffett Park Special Development Permit (MPSDP) based on the Recommended Findings in Attachment 4 and Recommended Conditions of Approval in Attachment 5.
JUSTIFICATION FOR RECOMMENDATION
Staff recommends approval of the Development Agreement, Moffett Park Specific Plan Site Master Plan and Moffett Park Special Development Permit. The project would support community expectations for greenhouse gas reduction and an enhanced pedestrian environment in the Moffett Park Specific Plan area. The project represents a modern and efficient reuse of an underutilized office site and supports the MPSP’s vision of transforming Moffett Park into a diverse, innovation-focused district with high-performance buildings and enhanced public spaces.
The Development Agreement provides mutual benefits to both the City and the applicant. The project contributes $3.1 million to the Community Benefit Fund, enhances public amenities such as POPAs, creates a hillside pollinator park garden along Moffett Park Drive, and commits to LEED Platinum, all-electric construction, advancing the City’s Climate Action Plan objectives.
Through allocation of floor area from the MPSP Development Reserve, the project is able to intensify the site while maintaining conformance with the adopted environmental thresholds evaluated in the MPSP EIR.
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: Margaret Netto, Senior Planner
Reviewed by: Julia Klein, Principal Planner
Reviewed by: Trudi Ryan, Director, Community Development
Reviewed by: Connie Verceles, Deputy City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Report to Planning Commission [25-0965, November 24, 2025] (without attachments)
2. Draft Ordinance and Development Agreement
3. Findings for the Development Agreement (revised)
4. Recommended SDP Findings
5. Recommended SDP Conditions of Approval (with track changes)
6. Site and Vicinity Map
7. Project Data Table
8. Proposed Site and Architectural Plans
9. CEQA Checklist
10. Public Comments
Additional Attachments for Report to Council
11. Applicant’s Email to Planning Commission, October 15, 2025
12. Excerpt of Draft Planning Commission Meeting Minutes of November 24, 2025