REPORT TO COUNCIL
SUBJECT
Title
Proposed Project: Take the following actions:
1. ADOPT A RESOLUTION TO:
a. Adopt the Village Center Master Plan (VCMP);
b. Amend the General Plan Land Use and Transportation Element (LUTE) text to implement the VCMP;
c. Change the General Plan land use designation for certain sites in the seven General Plan Village Mixed Use areas throughout the City from Village Mixed Use to Village Center Master Plan;
d. Change the General Plan land use designation for 1388-1390 Bremerton Drive (APN 323-01-017) from Village Mixed Use to Low Medium Density Residential;
e. Change the General Plan land use designation for 901 Reed Ave. (APN 213-040-48) from Village Mixed Use to Commercial;
f. Change the General Plan land use designation for 519 Borregas Ave. (APN 204-29-029), 206 East Arbor Ave. (APN 204-22-052), and 216 East Arbor Ave. (APN 204-22-053) from Village Mixed Use to Medium Density Residential;
g. Change the General Plan land use designation for APN 110-23-104 (no address) from Village Mixed Use to Public Facilities; and,
h. Amend the General Plan Land Use Map for the changes in land use designation for the parcels noted above.
2. INTRODUCE AN ORDINANCE TO:
a. Rezone certain sites in the seven General Plan Village Mixed Use areas throughout the city from Neighborhood Business (C-1), Neighborhood Business/Planned Development (C-1/PD), Highway Business/Planned Development (C-2/PD), Office (O), or Office/Planned Development (O/PD) to Village Center Master Plan;
b. Rezone 1388-1390 Bremerton Drive from Neighborhood Business (C-1) to Low Medium Density Residential/Planned Development (R-2/PD);
c. Rezone 206 and 216 East Arbor Ave. from Neighborhood Business/Planned Development (C-1/PD) to Medium Density Residential/Planned Development (R-3/PD);
d. Rezone APN 110-23-104 (no address) from Neighborhood Business/Planned Development (C-1/PD) to Public Facilities (P-F);
e. Amend the Zoning Districts Map for the zoning changes for the parcels noted above; and,
f. Amend the following Sunnyvale Municipal Code (SMC) Chapters: 19.12 (Definitions), 19.16 (Precise Zoning Plans - Zoning Districts - Zoning Maps), 19.27 (Site and Project-Based Specific Plan Districts), 19.34 (Front, Side, and Rear Yards), 19.44 (Sign Code), and 19.54 (Wireless Communications Facilities).
3. ADOPT AN URGENCY ORDINANCE TO:
a. Rezone certain sites in the seven General Plan Village Mixed Use areas throughout the city from Neighborhood Business (C-1), Neighborhood Business/Planned Development (C-1/PD), Highway Business/Planned Development (C-2/PD), Office (O), or Office/Planned Development (O/PD) to Village Center Master Plan; and
b. Amend the Zoning Districts Map for the zoning changes for the parcels noted above; and
c. Amend the following Sunnyvale Municipal Code (SMC) Chapters: 19.16 (Precise Zoning Plans - Zoning Districts - Zoning Maps) and 19.27 (Site and Project-Based Specific Plan Districts).
Locations: Citywide
File #: 2021-7371
Zoning: C-1 (Neighborhood Business), C-2 (Highway Business) and O (Office)
Applicant: City of Sunnyvale
Environmental Review: An addendum to the 2017 Land Use and Transportation Element (LUTE) Update Environmental Impact Report (EIR) has been prepared pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15164.
Project Planner: Jeffrey Cucinotta, (408) 730-7424, jcucinotta@sunnyvale.ca.gov
Report
SUMMARY OF COMMISSION ACTION
The Planning Commission considered this item on June 16, 2025. Draft meeting minutes are provided in Attachment 10. The Report to Planning Commission is provided as Attachment 1.
The Planning Commission voted to approve Alternative 2: Alternative 1 with modifications:
1. Identify to the City Council the reasons why the VCMP Table 4-3 (Planning Permit Required per Land Use Type and Zoning District) identifies certain land use types as permitted in the Village Center Mixed Use (VCMU) zoning district but prohibited in the Village Center Commercial (VCC) zoning district.
2. Explore alternative zoning boundary locations for Village Centers 5 and 6 that do not reflect the land use locations of the proposed development plans currently under review by City staff. Staff understands this recommendation as a desire to explore additional minimum commercial square footage at these two Village Centers.
3. Return to City Council after the July 1, 2025 public hearing to consider further incentive programs to preserve existing retail and reduce barriers for small businesses, including but not limited to, a first right of refusal for businesses that are displaced during redevelopment and potential density bonus incentives for preserving existing retail. As this would be a new effort, staff will evaluate timing based on the currently planned and underway workplan items codified in the Strategic Work Plan document that support Council’s strategic priorities.
The vote was 5-0-1, with Commissioner Figone abstaining and Vice Chair Davis absent.
Staff’s response to the three components of Alternative 2 is as follows:
1. Permitted Land Uses:
There are 11 different non-residential land use types that the public draft VCMP Table 4-3 identified as 1) permitted (including those with typical discretionary review such as a Special Development Permit [SDP] or a Miscellaneous Plan Permit [MPP]) in the VCMU zoning district and 2) as prohibited/not permitted in the VCC and VCMU zoning districts. These uses primarily include education/recreation land use types.
Per Planning Commission’s recommendation, staff reassessed and prepared marked-up revisions for the proposed permitting requirements for these land use types in Attachment 11. Some of the land use permission levels were not reflected on the use tables as staff intended, and others, upon reflection made sense to change. Staff is now recommending most of the land use types identified to be permitted in the VCC and VCO zoning districts with either an SDP or MPP approval. One land use type (“commercial parking structures and surface parking lots that are the primary use of the lot”) is now proposed to be prohibited/not permitted in the VCMU zoning district.
2. Village Centers 5 and 6 Zoning Alternatives for additional commercial area:
There are currently development applications for both Village Center 5 and Village Center 6. As these applications were filed prior to adoption of a Village Center Master Plan, zoning code amendments and site rezoning they can proceed with the current development requirements which do not specify the locations of commercial land uses. If a new development proposal is received for either of those sites, those applications would be subject to the adopted plans and zoning regulations in place at that time.
Staff has prepared an analysis in Attachment 12 which compares “Alternative A” (the proposed VCMP zoning map) with “Alternative B” (an adjusted zoning map and “no net loss” buildout analysis) for Village Centers 5 and 6.
Village Center 5
Duane Avenue adjacent to San Rafael St.
• Alternative A already differs from the developer-proposed development application. The VCMP map shows the two western parcels (+/- 2.7 acres) as VCMU-30 and the two eastern parcels (+/- 1.54 acres) along San Rafael Street as VCC, while the current development application only identifies the 0.29 acre lot along the corner of East Duane Avenue and San Rafael Street for commercial land uses. This Alternative would yield about 16,770 s.f. of commercial development (at 25% FAR of the VCC site).
• In Alternative B, the zoning boundary is moved further to the west, allocating 2.75 acres for VCC and 1.49 acres for VCMU-56. Adjusting the boundary in this manner would leave more land for commercial-only development and less land for residential development (including the 56 units assumed in the Housing Element Residential Sites Inventory and the 76 units assumed in the General Plan Residential Buildout). In order to preserve the “no net loss” assumptions, it would be necessary to increase the base maximum density on the remaining VCMU 1.49 acres (adjacent to the existing single-family homes along San Pedro Avenue and Coachella Avenue) to 56 units per acre. This Alternative would yield about 29,950 s.f. of commercial development (at 25% FAR for the expanded VCC site).
Village Center 6
Between Lakehaven Dr. and Lakedale Av. and adjacent to Lawrence Expwy.
• Alternative A identifies zoning boundaries that closely follow the locations of the different land uses identified in the current developer-proposed development application (VCC along Lakehaven Drive and VCMU-22 for the Lakewood Shopping Center parcel along Lawrence Expressway and Lakedale Way). This Alternative would yield about 13,320 s.f. of commercial development (at 25% FAR of the VCC site).
• Alternative B contemplates a north-south zoning boundary line splitting the Lakewood Shopping Center lot in half, with the western half as VCMU-56 and the eastern half along Lawrence Expressway as VCC. Similar to Village Center 5 Alternative B, this approach would preserve more land for commercial-only zoning but would require the reduced VCMU area to have a higher base maximum density of 56 units per acre in order to retain the “no net loss” assumption. This alternative could also provide potential challenges with site access for the commercial portion, as it is not clear if direct site access would be possible from Lawrence Expressway. The County of Santa Clara has jurisdiction over Lawrence Expressway and proposed driveway access would be subject to their review. This Alternative would yield about 37,440 s.f. of commercial development (at 25% FAR of the VCC site).
Modifications to the zoning boundaries would require a new noticed public hearing.
3. Reduce Barriers for Small Businesses:
As noted in the Planning Commission staff report in Attachment 1, “the City may consider creating a program (or programs) that helps both property owners and tenants” in relation to potential displacement and other impacts resulting from the VCMP implementation. While such programs are outside the current scope of the VCMP-as it is a primarily a zoning document-staff has identified this for implementation.
Staff has begun engagement with existing tenants, including recent meetings with businesses at the Fair Oaks Village Center. These conversations revealed that business needs and challenges vary widely. To develop a program that is both practical and impactful, staff will need to conduct further outreach to tenants in the remaining Village Centers.
Staff sees an opportunity to align this work with two related implementation efforts:
• Housing Element Implementation Program H3, which will require CEQA review to evaluate added residential capacity in Village Centers; and
• A Village Centers Community Benefits and Incentives Program, which could offer incentives-such as increased residential density-in exchange for benefits like first right of refusal, relocation assistance, or other tenant-supportive measures. As a reminder, this implementation measure is considered new work that has not been formally prioritized by the City Council.
Although a formal support program has not yet been established, Economic Development staff will continue to assist businesses through services such as site selection assistance, permitting ombudsperson support, and referrals to available resources.
Staff recommends advancing this work in coordination with related implementation efforts to ensure that future programs are responsive to the needs of existing tenants and aligned with the City’s broader goals.
In addition to feedback from the Planning Commissioners, comments received before the date of publication of this staff report are summarized below, and emails/letters received are compiled in Attachment 9. Public comments are in bold followed by staff response.
1. General concern over loss of existing neighborhood-serving commercial/retail/services: Retaining land zoned for commercial/retail/services is a priority of the VCMP.
2. Concern that adoption of the VCMP would result in removal of existing shopping centers on proposed VCMU sites: The VCMP is not directing removal of existing shopping centers, and they can continue to operate in their current condition and even remodel or expand in the future. Existing shopping centers are only removed when respective property owners propose redevelopment to other uses. Proposed redevelopment of any Village Center in accordance with the provisions of the VCMP would be contingent upon approval of a separate development application for any given site. While the City must continue reviewing the development applications that have been submitted prior to July 1, 2025 under pre-VCMP standards and requirements, assuming that the VCMP is adopted, any new application that is submitted after the effective date would be subject to the VCMP. When the Village Center concept was adopted in 2017 it was acknowledged that there could be a decrease in commercial space on those sites.
3. Opposition to the development applications on Village Centers 5 (Fair Oak Plaza) and 6 (Lakewood Shopping Center): Staff has noted this feedback in the administrative record for the respective planning applications.
4. Retain commercial-only zoning on more land area in Village Centers: In general, many suggestions included either: 1) adjusting the proportion of land area allocated to VCMU (decreased) and VCC (increased); or, 2) reducing VCMP residential capacity in exchange for providing more elsewhere in the City. In order to accomplish suggestion #1, decreasing VCMU land area would require increasing the base maximum density on sites. Regarding #2, the City is also limited in this regard due to the identification of 706 residential units in the Housing Element Residential Sites Inventory allocated specifically to Village Centers. Moving the residential capacity elsewhere (outside of the Village Centers) would require an amended Housing Element (subject to state certification), additional environmental review, and adjusted “no net loss” findings.
5. Concerns over what impacts redeveloping Village Center sites could potentially have on surrounding neighborhoods:
a. Traffic
b. On-street parking
c. Privacy
d. Village Center site 1D and Wrightmont Corners neighborhood specifically, to include retaining the existing wall along Kitimat Place.
Future development applications submitted to the City for Village Centers will be subject to all applicable City standards and procedures, including applicable CEQA review, which would assess these and other potential development impacts. Traffic was analyzed in the Environmental Impact Report prepared for adoption of the Village Center concept in the 2017 Land Use and Transportation Element (LUTE). State mandated changes in minimum parking for residential development could result in parking on public streets in the vicinity of new developments; with less parking available on the Village Center sites, some Village Center residents may choose to live without or with fewer automobiles thus potentially decreasing this impact. The proposed development standards include additional setback requirements for upper floors adjacent to non-Village Center sites to reduce privacy impacts. The draft VCMP is silent about requiring or not requiring a wall. Staff recommends that all of these issues be reviewed and addressed when specific development proposals are submitted.
6. Request to increase minimum bicycle parking requirements for certain land use types to reflect VTA Bicycle Technical Guidelines: Bicycle parking ratios identified in the proposed VCMP are more stringent than current citywide requirements and are similar to the requirements in the LSAP and ECRSP areas. As part of a separate study issue in progress (CDD 19-07), the City will be reassessing citywide minimum parking requirements for residential uses in Sunnyvale Municipal Code (SMC) Chapter 19.46 (Parking) and other specific plan areas. At that time, there will be an opportunity to explore potentially incorporating components of VTA’s Bicycle Technical Guidelines.
7. Desire for the City to provide a plan with a zoning and development standard framework that will be feasible and of interest to developers: The conceptual design renderings provided in the VCMP help to visualize what building massing and forms may be possible under objective development standards. Though, due to various recent State housing laws, certain development projects subject to SB 330 or the State Density Bonus may be eligible to waive or propose concessions for development standards. Staff is not able to anticipate property owners and development community interest in redeveloping Village Centers until we receive development proposals on a site. All property owners (and current applicants of Village Center sites) have been notified of the availability of the plan and the public hearing schedule.
8. Desire for a system in which the City would be able to easily consider and facilitate zoning boundary changes within individual Village Centers as the City contemplates future developer proposals and product types: Minor adjustments to zoning boundary locations would require a zoning change and would likely not require separate or additional CEQA analysis. It may be possible to consider such a zoning change concurrently with a future development project in a way that both actions could be considered by the City Council at the same time.
9. Desire for more community outreach opportunities for the public to comment on draft plan provisions.
Based on the feedback from the Planning Commission and public comments, staff has made revisions to some of the provisions in the VCMP. Attachment 11 includes the pages of the VCMP with suggested revisions as marked-up text, which include the following:
1. Pages 3 and 4 (Table 1-1: Village Center Sites Inventory): Updated to reference two new SB 330 preliminary applications that have been submitted to the City since publication of the June 16th Planning Commission agenda and staff report, including on Village Centers 2B and 3A.
2. Page 16 (Policies (f)(1) and (2) under “Mobility and Circulation Improvements”): Updated to reference bicycle access and services.
3. Pages 27 and 28 (Table 4-3: Planning Permit Required per Land Use Type and Zoning District): Updated per the discussion in Item #1 (Planning Commission recommendation) above.
4. Page 31 (Table 4-6: Property Frontage and Buildable Area Requirements for all Development Types): Increased maximum permitted building height from 50 feet to 55 feet. Maximum building height of 55 feet is permitted in the R-4 and R-5 zoning districts (which have comparable permitted densities to the VCMU 30, 36, and 42 districts).
5. Page 36 (Section 4.4.5(a)(1), Ground Floor Active Use Area): Updated to revise an incorrect reference to “VCMP” to read as “VCMU.”
6. Page 47 (Figure 5-6: Required Circulation and Streetscape Improvements, Village Center 6): Updated to reflect inputs from the County of Santa Clara regarding the intersection of Lawrence Expressway and Lakehaven Drive.
7. Page 49 (Figure 6-1: Village Center 1 Conceptual Design Rendering): Updated to show the existing pedestrian connection between Village Center 1A and Mandarin Drive.
8. Page 52 (Figure 6-7: Village Center 6 Conceptual Design Rendering): Updated to remove conceptual improvements on the SFPUC parcel.
PUBLIC CONTACT
The notice of the City Council and Planning Commission public hearings as well as availability of the staff report and agenda were made available in the following ways:
1. Notice published in the San Jose Mercury News on May 23, 2025, and the Sunnyvale Sun newspaper on May 30, 2025.
2. Notice mailed to 8,556 property owners and tenants within 1,000 feet of affected properties (see Attachment 8 for the Site and Vicinity Map).
3. Agenda and this report are posted on the City of Sunnyvale's Website (see Attachment 6 for a link to the project website).
4. Email to subscribers to the project website (approximately 2,110 subscribers).
5. Email to interested parties (43).
6. Agenda posted on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library, and in the Department of Public Safety Lobby.
7. Agenda and this report are available at the City Hall reception desk located on the first floor of City Hall at 456 W. Olive Ave. (during normal business hours).
8. Staff attended three neighborhood and community organization meetings.
Comments received before the date of publication of this staff report are included in Attachment 9.
ALTERNATIVES
Related items associated with the Village Center Master Plan (VCMP):
1. Approve related actions associated with adoption of the VCMP: Adopt a Resolution, introduce an Ordinance, and adopt an Urgency Ordinance (Attachments 2, 3, and 4 to this report)
A. Consider the Addendum to the Land Use and Transportation Element (LUTE) Environmental Impact Report (EIR) and find that it was prepared in compliance with the requirements of the California Environmental Quality Act (CEQA) and no additional environmental review is required pursuant to CEQA Guidelines Section 15164."
B. Adopt a Resolution (Attachment 2 to this report) to:
i. Adopt the VCMP with the revisions in Attachment 11;
ii. Amend the General Plan LUTE text to implement the VCMP;
iii. Change the General Plan land use designation for certain sites in the seven General Plan Village Mixed Use areas throughout the city from Village Mixed Use to Village Center Master Plan;
iv. Change the General Plan land use designation for 1388-1390 Bremerton Drive (APN 323-01-017) from Village Mixed Use to Low Medium Density Residential;
v. Change the General Plan land use designation for 901 Reed Ave. (APN 213-040-48) from Village Mixed Use to Commercial;
vi. Change the General Plan land use designation for 519 Borregas Ave. (APN 204-29-029), 206 East Arbor Ave. (APN 204-22-052), and 216 East Arbor Ave. (APN 204-22-053) from Village Mixed Use to Medium Density Residential;
vii. Change the General Plan land use designation for APN 110-23-104 (no address) from Village Mixed Use to Public Facilities; and,
viii. Amend the General Plan Land Use Map for the changes in land use designation for the parcels noted above.
C. Introduce an Ordinance (Attachment 3 to this report) to:
i. Rezone certain sites in the seven General Plan Village Mixed Use areas throughout the city from Neighborhood Business (C-1), Neighborhood Business/Planned Development (C-1/PD), Highway Business/Planned Development (C-2/PD), Office (O), or Office/Planned Development (O/PD) to Village Center Master Plan; and more specifically, to one of the VCMP implementing districts, Village Center Mixed Use (VCMU), Village Center Commercial (VCC) or Village Center Office (VCO);
ii. Rezone 1388-1390 Bremerton Drive from Neighborhood Business (C-1) to Low Medium Density Residential/Planned Development (R-2/PD);
iii. Rezone 206 and 216 East Arbor Ave. from Neighborhood Business/Planned Development (C-1/PD) to Medium Density Residential/Planned Development (R-3/PD);
iv. Rezone APN 110-23-104 (no address) from Neighborhood Business/Planned Development (C-1/PD) to Public Facilities (P-F);
v. Amend the Zoning Districts Map to reflect the zoning changes for the parcels noted above;
vi. Amend SMC Chapters:
a. Chapter 19.12 (Definitions);
b. Chapter 19.16 (Precise Zoning Plans - Zoning Districts - Zoning Maps);
c. Chapter 19.27 (Site and Project-Based Specific Plan Districts);
d. Chapter 19.34 (Front, Side, and Rear Yards);
e. Chapter 19.44 (Sign Code); and,
f. Chapter 19.54 (Wireless Communications Facilities).
D. Adopt an Urgency Ordinance (Attachment 4 to this report) to:
i. Rezone certain sites in the seven General Plan Village Mixed Use areas throughout the city from Neighborhood Business (C-1), Neighborhood Business/Planned Development (C-1/PD), Highway Business/Planned Development (C-2/PD), Office (O), or Office/Planned Development (O/PD) to Village Center Master Plan; and more specifically, to one of the VCMP implementing districts, Village Center Mixed Use (VCMU), Village Center Commercial (VCC) or Village Center Office (VCO); and
ii. Amend SMC Chapters 19.16 and 19.27.
2. Alternative 1 with modifications.
3. Take no action on the VCMP and provide direction on desired changes.
STAFF RECOMMENDATION
Recommendation
Alternative 1: Related items associated with the Village Center Master Plan (VCMP):
1. Approve related actions associated with adoption of the VCMP: Adopt a resolution, introduce an Ordinance and adopt an Urgency Ordinance (Attachments 2, 3, and 4 to the report)
A. Consider the Addendum to the Land Use and Transportation Element (LUTE) Environmental Impact Report (EIR) and find that it was prepared in compliance with the requirements of the California Environmental Quality Act (CEQA) and no additional environmental review is required pursuant to CEQA Guidelines Section 15164."
B. Adopt a Resolution (Attachment 2 to the report) to:
i. Adopt the VCMP with the revisions in Attachment 11;
ii. Amend the General Plan LUTE text to implement the VCMP;
iii. Change the General Plan land use designation for certain sites in the seven General Plan Village Mixed Use areas throughout the city from Village Mixed Use to Village Center Master Plan;
iv. Change the General Plan land use designation for 1388-1390 Bremerton Drive (APN 323-01-017) from Village Mixed Use to Low Medium Density Residential;
v. Change the General Plan land use designation for 901 Reed Ave. (APN 213-040-48) from Village Mixed Use to Commercial;
vi. Change the General Plan land use designation for 519 Borregas Ave. (APN 204-29-029), 206 East Arbor Ave. (APN 204-22-052), and 216 East Arbor Ave. (APN 204-22-053) from Village Mixed Use to Medium Density Residential;
vii. Change the General Plan land use designation for APN 110-23-104 (no address) from Village Mixed Use to Public Facilities; and,
viii. Amend the General Plan Land Use Map for the changes in land use designation for the parcels noted above.
C. Introduce an Ordinance (Attachment 3 to the report) to:
i. Rezone certain sites in the seven General Plan Village Mixed Use areas throughout the city from Neighborhood Business (C-1), Neighborhood Business/Planned Development (C-1/PD), Highway Business/Planned Development (C-2/PD), Office (O), or Office/Planned Development (O/PD) to Village Center Master Plan, and more specifically, to one of the VCMP implementing districts, Village Center Mixed Use (VCMU), Village Center Commercial (VCC) or Village Center Office (VCO);
ii. Rezone 1388-1390 Bremerton Drive from Neighborhood Business (C-1) to Low Medium Density Residential/Planned Development (R-2/PD);
iii. Rezone 206 and 216 East Arbor Ave. from Neighborhood Business/Planned Development (C-1/PD) to Medium Density Residential/Planned Development (R-3/PD);
iv. Rezone APN 110-23-104 (no address) from Neighborhood Business/Planned Development (C-1/PD) to Public Facilities (P-F);
v. Amend the Zoning Districts Map to reflect the zoning changes for the parcels noted above;
vi. Amend SMC Chapters:
a. Chapter 19.12 (Definitions);
b. Chapter 19.16 (Precise Zoning Plans - Zoning Districts - Zoning Maps);
c. Chapter 19.27 (Site and Project-Based Specific Plan Districts);
d. Chapter 19.34 (Front, Side, and Rear Yards);
e. Chapter 19.44 (Sign Code); and,
f. Chapter 19.54 (Wireless Communications Facilities).
D. Adopt an Urgency Ordinance (Attachment 4 to the report) to:
iii. Rezone certain sites in the seven General Plan Village Mixed Use areas throughout the city from Neighborhood Business (C-1), Neighborhood Business/Planned Development (C-1/PD), Highway Business/Planned Development (C-2/PD), Office (O), or Office/Planned Development (O/PD) to Village Center Master Plan; and more specifically, to one of the VCMP implementing districts, Village Center Mixed Use (VCMU), Village Center Commercial (VCC) or Village Center Office (VCO); and
iv. Amend SMC Chapters 19.16 and 19.27.
JUSTIFICATION FOR RECOMMENDATION
The VCMP responds to the City’s need for a zoning framework on Village Center sites that enables: 1) more housing production of different density and product types and, 2) more neighborhood-serving non-residential and commercial space. Adoption of the VCMP (and associated ordinances and resolution) would ensure the General Plan is consistent with objective development standards that apply to residential mixed-use developments. The proposed zoning approach of designating certain Village Center sites for residential mixed-use and others only for non-residential (commercial/office) land uses will allow for a clustered density approach in which residential units could be constructed close to neighborhood-serving commercial/retail uses. Under current state laws, without the adoption of the VCMP and zoning, the City has minimal control over the provision of commercial uses on these sites. The urgency ordinance is recommended to preserve this vital land use category for the Village Centers.
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 (affects specific parcels)
___ 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: Jeffrey Cucinotta, Senior Planner
Reviewed by: George Schroeder, Principal Planner
Reviewed by: Shaunn Mendrin, Planning Officer
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 [25-0520, June 16, 2025] (without attachments)
2. Draft Resolution
3. Draft Ordinance
4. Draft Urgency Ordinance
5. Relevant General Plan Goals and Policies
6. Link to Project Webpage and LUTE EIR
7. LUTE EIR Addendum
8. Site and Vicinity Map
9. Public Comment Letters/Emails
Additional Attachments for Report to Council
10. Excerpt of Draft Minutes of the Planning Commission Meeting of June 16, 2025
11. Village Center Master Plan - Staff Recommended Changes
12. Village Centers 5 and 6 Zoning Alternatives
13. Overview of Village Center Sites with Base Maximum Number of Housing Units
14. Responses to Council Questions