REPORT TO PLANNING COMMISSION
SUBJECT
Title
Proposed Project: Related applications on a 3.56-acre site:
SPECIAL DEVELOPMENT PERMIT: to demolish three existing used auto sales buildings (office and repair garage space) and construct: 1) a seven-story mixed-use building including approximately 31,361 square feet of commercial/retail space on the first and second stories and 111 multifamily residential rental units on the third story and above; and 2) five, two-story single-family homes.
VESTING TENTATIVE MAP: to subdivide the properties into six lots (one for the mixed-use building and five single-family lots).
Location: 1104 and 1124 West El Camino Real (APNs: 198-17-023,198-17-029
File #: 2018-7798
Zoning: ECR-MU33 (El Camino Real Mixed Use)
Applicant / Owner: Steve Brinkman (owner and applicant)
Environmental Review: No additional review required as per CEQA Guidelines 15183 - environmental impacts of the project are addressed in the El Camino Real Specific Plan (ECRSP) Environmental Impact Report (EIR)
Project Planner: Jeffrey Cucinotta, (408) 730-7424, jcucinotta@sunnyvale.ca.gov
Report
REPORT IN BRIEF
General Plan: El Camino Real Specific Plan.
Existing Site Conditions: a two-story office/garage building, two one-story garage buildings, and surface parking.
Surrounding Land Uses
North: shopping center (restaurants, personal services) across El Camino Real.
South: single-family neighborhood.
East: shopping center (restaurants, personal services) immediately adjacent and automotive uses east of Grape Avenue.
West: restaurant; auto sales.
Issues: Neighborhood compatibility; Special Development Permit deviations
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 and Vesting Tentative Map based on the Recommended Findings in Attachment 3 and Recommended Conditions of Approval in Attachment 4.
BACKGROUND
Description of Proposed Project
The project site is 3.56 acres in size and is currently developed with an auto dealer use, comprised of a two-story office/garage building, two one-story garage buildings, and surface parking. The proposed project consists of demolishing all existing buildings on site (totaling 25,232 square feet) and constructing a new seven-story mixed-use building along the frontages of El Camino Real and Grape Avenue along with five single-family lots in the rear of the site. The proposed mixed-use building comprises 31,361 square feet of ground and second floor commercial/retail space and 111 multifamily rental residential units on the third through seventh floors. The five new single-family lots would each be developed with two-story detached homes with individual two-car garages. Parking for the multifamily residential units would be within three levels in the mixed-use building and located at the ground floor, second floor, and “first” basement level.
See Attachment 1 for a map of the vicinity and mailing area for notices, Attachment 2 for the Project Data Table, and Attachment 5 for the proposed plan set.
Special Development Permit
The project site is in the El Camino Real Specific Plan (ECRSP) area and in the El Camino Real - Mixed Use (ECR-MU33) zoning district, which allows for residential mixed-use development with a base maximum density of 33 dwelling units per acre (du/ac). The zoning also requires ground floor commercial uses, including auto sales/rental, retail, restaurant, and personal service uses. The site is in the “Bernardo Gateway Node” within the ECRSP, intended for high-density, multi-use community focal points where residents and visitors can shop, dine, and access transit.
New construction of permitted uses requires a Special Development Permit (SDP) with review and approval by the Planning Commission. A SDP allows for consideration of deviations from specified development standards in exchange for superior design, environmental preservation, or other public benefits.
The applicant is requesting deviations from the following development standards:
1. Minimum Building Stepback from Build-to Line:
a. Required: 10 feet from the face of building on the top two stories for at least 60 percent of the building frontage length
b. Proposed: Ranging from 2'-4" to 6' in some areas
2. Minimum Landscaped Area:
a. Required: 31,014 sq. ft.
b. Proposed: 27,129 sq. ft.
Vesting Tentative Map
A Tentative Map is required prior to recording a Final Map to establish new lots and lot lines: one 3.19-acre lot for the proposed residential mixed-use building and five lots (ranging in size from 3,450 square feet to 4,476 square feet) for the detached single-family homes. The applicant has requested a Vesting Tentative Map to vest their right to build the project for the life of the map and secures the approved project against future Sunnyvale Municipal Code (SMC) amendments that might otherwise affect the project. The Vesting Tentative Map is valid only in conjunction with the approved site plan and conditions of approval. The Vesting Tentative Map shows the location of the proposed lot lines and other site improvements (see Sheet C-2.0 in Attachment 6). The Vesting Tentative Map also provides a clear method to establish the shared access easements from El Camino Real and Grape Avenue to the five proposed single-family residential lots at the rear of the subject site.
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 mixed-use development consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use. 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 objective standards, cities are prohibited from reducing units or denying the project unless a preponderance of evidence finds there is a specific, adverse impact on public health or safety where there is no feasible method to mitigate or avoid.
The applicant does not propose any below-market rate (BMR) units as the application was deemed complete before the 15% inclusionary BMR rental housing requirement in SMC Chapter 19.77 was reinstated effect in 2019. The applicant is instead required to pay the housing mitigation fee per SMC Chapter 19.75, which does not require City Council approval. Because no BMR units are proposed, the project is not subject to the California Density Bonus Law and is not entitled to any waivers, incentives, or concessions under the law. However, in the event that multifamily rental units are converted to seven or more for-sale condo units (including the five single family lots), the project will be subject to compliance with SMC 19.67, Below Market Rate Ownership Housing.
Previous Actions on the Site
The site was developed as a new and used auto sales/service use in 1964, with expansions/additions to the facilities in 1966, 1968, 1996, and 1997. Staff-level planning permits have been issued over the years for signage, landscaping and parking modifications, minor architectural modifications, and tree removal permits.
The site has been in the 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 to a Specific Plan, in 2022. Upon adoption of the latest ECRSP update in 2022, the site was rezoned from C-2 (Highway Business) to ECR-MU33 (El Camino Real - Mixed Use), which where both residential mixed-use and commercial are permitted development types and land uses.
The applicant submitted an SDP on September 26, 2018, which was before the effective date of the 2022 ECRSP update. The City deemed the application complete on November 7, 2019. The 2019 completeness determination was only applicable for the purposes of exempting the project from the Inclusionary Rental BMR Rental Housing requirements contained in SMC Chapter 19.77. The applicant was advised that the mixed-use development would be generally evaluated as part of the CEQA determination for the entire ECRSP. At that time, the City also directed the applicant to closely follow the preparation of the ECRSP, as applicable development standards and design guidelines were not in effect until 2022.
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.
ECRSP Vision Statement, Guiding Principles, Goals, and Policies: A complete list of the vision statement, 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 a mitigation monitoring program (MMRP) with provisions to reduce the potentially significant impacts to a less than significant level, although some impacts of the ECRSP were significant and unavoidable after mitigation. A Statement of Overriding Considerations was also adopted in conjunction with the ECRSP in acknowledgment of the presence of the remaining significant and unavoidable impacts. The ECRSP MMRP 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 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 ECR SP is considered part of the General Plan). 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. The existing EIR documents can be found on the ECRSP webpage at <https://www.sunnyvale.ca.gov/business-and-development/planning-and-building/permit-center/specific-plans>.
DISCUSSION
Present Site Conditions
The site is bounded by El Camino Real to the north, a shopping center and Grape Avenue to the east, a single-family neighborhood to the south, and more commercial uses to the west. The rest of the El Camino Real corridor in the vicinity of the subject site is mostly comprised of auto-dependent commercial uses, with the exception of the office and residential mixed-use development to the northeast across El Camino Real.
El Camino Real is considered a major transit route, as the Santa Clara Valley Transportation Authority (VTA) rapid line 522 traverses El Camino Real throughout the City of Sunnyvale. There are also bus stops along El Camino Real served by VTA line 22 within close proximity of the subject site: the southeast-bound direction across Grape Avenue and the northwest-bound direction across El Camino Real.
The combined site area is 3.56 acres consisting of two lots at 1104 and 1124 West El Camino Real. The site is currently developed with an auto dealer use, comprised of a two-story office/garage building and two one-story garage buildings, totaling 25,232 square feet in area. The eastern half of the lot and the portion of the lot fronting on Grape Avenue is developed with a surface parking lot.
Site Layout
The proposal consists of a seven-story mixed-use building, with most of the building’s massing along the El Camino Real and Grape Avenue frontages, as well as five two-story single-family homes at the rear of the subject site and adjacent to the existing single-family homes to the south.
The proposed mixed-use building is split into three podiums that are attached and provide a continuous stretch of building frontage and visibility along the El Camino Real pedestrian realm. Podiums A and B, which are seven stories tall (84’-10” total height), are in the western portion of the subject site in a north-south orientation, and setback about 96 feet away from the existing adjacent single-family lots to the south. Podium C is six stories tall (73’-8” total height) and is located at the El Camino Real and Grape Avenue corner. The ground and second floor of all podiums along El Camino Real provide a total of 31,361 square feet of commercial floor area, intended to serve as an auto sales and showroom use with mezzanine office space. On the third floor and above are 111 multifamily residential units. The proposed building contains a 346-space, below- and above-ground parking structure (one basement and two above-ground levels), which is located behind the commercial tenant space fronting on El Camino Real.
The proposed unit mix for the multifamily use includes 10 two-bedroom, 81 three-bedroom, and 20 four-bedroom units. The unit sizes range from 1,407 square feet (two-bedroom units) to 2,549 square feet (four-bedroom units). Every unit has access to individual lockable storage space in accordance with SMC requirements.
The mixed-use building would have amenities for residents including a fitness center on the third and fourth floors and a clubhouse on the fifth floor. A large outdoor common open space on the third floor breaks up the building massing on the southern end of the building closer to the adjacent single-family residential lots and includes a pool, barbeque, and seating area. Most units also have private balconies.
The five proposed single-family homes are two stories tall (25’-2”), each with four bedrooms and a basement area that opens to a below-grade rear yard patio area. Four units have two-car garages and one has a three-car garage. The unit sizes range from 3,794 to 4,045 square feet (including garage space).
Circulation
A pedestrian walkway is provided on all sides of the mixed-use building and connects to the five proposed single-family homes in the rear of the subject site. The walkways also connect to the public sidewalks on El Camino Real and Grape Avenue.
Vehicular circulation/access is provided both from El Camino Real and Grape Avenue and wraps the mixed-use building. The parking structure within the mixed-use building would have multiple entrances from the internal driveway that wraps the building to the east, south, and west.
Architecture
On the proposed mixed-use building, architectural materials along the street-facing elevations include: smooth texture stucco of varying colors with metal reveals, fiber cement siding on the top floors, and a precast concrete finish wrapping the base of the ground floor. The six-story tower element on the El Camino Real/Grape Avenue corner is unique in its design from the rest of the development in that it has a white smooth metal panel element that wraps the full tower corner (from base to top floor) and a red metal canopy element wrapping the ground floor of the corner.
Other prominent features visible from the public right-of-way include: an optional storefront folding door; metal guardrails at balconies and breezeways; and aluminum window frames.
While the building height from the top of curb to the top of roof is 84’-10”, the height to the top of the proposed rooftop mechanical screening is 90’-10” in some areas. The proposal is designed with a flat roofline, in which some areas have metal parapet/mechanical screening elements and others have none. Per SMC Section 19.32.030, architectural features and equipment screening may exceed the maximum building height (85 feet in the ECRSP) by a maximum of 25 feet.
The parking garage on the first two floors is also wrapped with decorative metal screen panels as well as green façade elements (climbing plants over metal grids). Staff acknowledges the parking garage screening treatments but encourages the applicant to consider ways to incorporate additional design elements into the layout of the decorative metal screen. These portions of the proposed building’s elevation cover more than half of the building’s southern façade on the first and second floor and would also serve as the direct front yard view for all five proposed single-family homes at the south of the site. In addition, several Planning Commissioners also expressed interest in enhanced architectural finishes. However, the City cannot require an enhanced treatment as this is not an objective design standard.
Proposed materials on the five single-family homes include textured composite wood siding, smooth textured stucco, and composite shingle roofing. The rear “sunken garden” areas are lined with smooth finish concrete retaining walls and metal guardrails.
The applicant is not requesting deviations from any ECRSP objective design standards, and staff finds the proposed architectural design is substantially consistent with the ECRSP design guidelines through use of high-quality materials, attention to detail at focal points, urban forms that vary in height and depth, and interesting pedestrian-scale elements that define the ground floor.
Residential Density
The proposed density is 32.6 dwelling units per acre, which meets the base maximum density requirement prescribed by development standards in SMC Chapter 19.36 (El Camino Real Specific Plan).
Along with the ECRSP, the City also adopted the ECRSP Community Benefits and Incentives Program, which allows property owners to develop their properties beyond the base maximum densities in exchange for providing community benefits that advance the goals of the ECRSP. The program is voluntary and property owners have the option to propose which incentives best suit their business plans and economic goals. The project does not provide any of the optional community benefits/incentives and does not obtain additional density bonus points.
ECRSP Residential Development Capacity
The ECRSP allows for a maximum residential development capacity of 6,900 net new housing units. This buildout level was studied in the ECRSP EIR to ensure that long-term development within the plan area would not adversely impact the environment or exceed the carrying capacity of infrastructure systems. As of the date of staff report production, zero residential units have been built or approved under the updated ECRSP development capacity. Approval of this project would result in a balance of 6,784 units. Therefore, the project is within the allowable ECRSP residential capacity evaluated in the EIR.
Development Standards
The applicant is requesting deviations from two development standards: 1) minimum required landscaped area; and, 2) minimum required building stepback from build-to line. Landscaping is discussed below in this report. The building stepback standard is a minimum 10-foot inset of the building’s front façade from the build-to line (which functions like a front yard setback) that applies to the top two stories’ building face for at least 60 percent of the building frontage length. The applicant’s deviation request is for the stepback from the build-to line ranges from 2’-4” to 6’. Staff supports the deviation request because it contributes to the project’s ability to locate the majority of the proposed residential density and mixed-use building massing towards the El Camino Real and Grape Avenue property frontages and away from the existing single-family residential properties to the south.
Aside from the requested SDP deviations, the project complies with applicable zoning standards including, but not limited to, parking, open space, building height, and individual lockable storage. The Project Data Table in Attachment 2 summarizes the project’s compliance with development standards.
Traffic
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 exempt from a VMT Analysis, as the proposed land uses would generate 110 daily auto trips or fewer. The project also is oriented towards the El Camino Real public right-of-way, provides enhanced access to multimodal transportation, and would install sidewalk improvements along its project frontage, including street trees and pedestrian-scaled lighting in accordance with ECRSP requirements.
A Local Transportation Analysis (LTA) is also not required for operational impacts, as the project is not expected to generate over 100 net new AM or PM peak hour trips.
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’s proximity to a major transit route and commercial uses, bicycle/pedestrian/transit access improvements, bicycle facilities, wayfinding station, TDM communication strategies, and transit pass program totals 10.5 points, which exceeds the TDM requirements.
Parking
The automobile parking requirements (minimum required number of off-street spaces) and the application’s compliance with each requirement are as follows:
• The overall off-street parking count provided is 369 spaces, including 126 spaces with electric vehicle (EV) charging stations, and 45 EV-ready spaces.
• The commercial requirement is a minimum of 123 spaces, where 125 spaces are provided.
• The multifamily residential requirement is a minimum of 185 spaces and a maximum of 222 spaces, where 222 spaces are provided.
• The single-family requirement is a minimum of 20 spaces, where 22 spaces are provided.
The application also includes 40 spaces on the basement level of the parking garage for the exclusive use of the dealership for storage of vehicles for sale/rent. This does not count towards or contribute to the applicable minimum/maximum off-street parking requirements.
Minimum bicycle parking requirements are exceeded for the proposed development. A minimum of 77 Class I (long-term) spaces is required, where 105 spaces are provided. A minimum of 16 Class II (short-term) spaces is required, where 18 spaces are provided.
Useable Open Space
The ECRSP requires a minimum of 200 square feet of useable open space for each residential unit, or 23,200 square feet total for this development. Balconies with a minimum of six feet in any dimension and a total of 50 square feet can qualify towards the useable open space requirement. The application exceeds the minimum requirement, providing 37,731 square feet of useable open space, which is comprised of a third-floor podium courtyard and pool area, private balconies for the multifamily residential units, and private backyards for the five proposed single-family units.
Landscaping
The proposed plans show 17.5% of the project site to be landscaped, or 27,129 square feet, where the ECRSP requires a minimum of 20%, or 31,014 square feet. The applicant is requesting a deviation from this development standard. Landscaping is comprised of groundcover, shrubs, decorative paving, native grasses, and trees. Pedestrian-scale lighting is provided throughout the project site. Staff supports the deviation because the project otherwise exceeds the minimum required parking lot landscape standard and greatly exceeds the minimum required useable open space standard.
Tree Preservation, Removal, and Replacement
An arborist report was prepared and evaluated a total of 33 existing trees, of which almost half are Brisbane box trees located along the southern perimeter shared with the existing single-family residential lots to the south. The City Arborist, Planning Division, and Public Works Department staff walked the project area with the applicant to verify the proposed removals. As a result of the site visit, four additional trees were identified for preservation. The resulting project includes the removal of 24 trees, of which six are considered “protected” per SMC Chapter 19.94 with trunks that are at least 38 inches in circumference measured 4.5 feet from grade. The trees proposed for removal conflict with the proposed improvements in various areas of the site. The project is subject to the City’s tree replacement policy and applicant proposes to plant 98 trees (69 trees on the ground floor and 29 trees on the third-floor common open space areas). The proposed tree preservation plan and final arborist report reflect the City Arborist’s recommendations.
Green Building and Reach Code Requirements
In accordance with Green Building Program requirements, the project would achieve a minimum of 90 points on the GreenPoint Rated checklist.
In May 2024 the City suspended enforcement of the all-electric provisions in the Reach Code, which means that projects approved during the suspension would not be required to build all-electric. The applicant is encouraged to voluntarily comply with the City’s Reach Codes through all-electric construction with no natural gas connection. As required by the Reach Codes, the project includes a rooftop solar panel system. A minimum of 82 Level 2 and 127 Level 1 EV-ready spaces are required, and the proposed development includes this amount of spaces, which serve the commercial use and the multifamily and single-family residential uses and are located in both the mixed-use building’s parking garage and also the single family garages.
Solid Waste and Recycling Access
Solid waste and recycling service for the mixed-use building will be provided through chutes on each floor that dispose into trash rooms within the parking structure, completely enclosed from ground level view. Solid waste and recycling bins would be staged by property management in a designated area along the west property line. An access easement will allow legal pedestrian and vehicular access throughout the parcel via the new private street. Additionally, screening details for the staging area will be provided at the building permit stage with review by City staff.
For the single-family homes, trash and recycle carts would be stored in the side yard areas and wheeled out to the curb in front of the homes by the residents on pickup day.
Noise Attenuation
A noise study was conducted to assess project design measures to meet General Plan interior and exterior noise standards for new residences and common useable open spaces. The study includes recommendations for additional eight-foot-tall noise barriers along portions of the project property boundaries where eight or 12’-tall solid masonry walls do not exist (Attachment 7’s Attachment C [Environmental Noise & Vibration Assessment], specifically Design Feature 2A and Figure 4). The study also recommends sound-rated windows and exterior doors on the third through seventh stories facing El Camino Real. The conditions of approval require the project noise consultant to review the construction plans and confirm their recommendations have been met. Follow-up field verification testing is also required prior to occupancy of the units.
Fiscal Impact
No fiscal impacts other than standard fees and taxes are expected. The project will be subject to additional fees including Park In-Lieu fee, Rental Housing Impact Fee, Transportation Impact Fee, ECRSP-Specific Transportation Impact Fee, ECRSP Plan Maintenance Fee, and School Impact fees as noted in the Conditions of Approval.
Public Contact
Neighborhood Outreach Meetings
The applicant hosted two online neighborhood outreach meetings on November 30, 2023 and January 31, 2024, with 45 and 27 members of the public present, respectively. The attendees asked questions about shared parking, traffic impacts, building height, privacy impacts on nearby single-family homes, breakdown of rental and for-sale units, affordability limitations for residential units, and construction timing.
Planning Commission Study Session
The Planning Commission reviewed the project plans at a study session on November 27, 2023. The Planning Commission was generally supportive of the project design and consistency with the ECRSP goals. Two members of the public commented on transit safety, on-street auto parking, and labor standards during construction.
Two commissioners asked for more detail regarding the grading and drainage plan for the single-family units' basement patio areas. Stormwater drainage would be pumped from the sunken drainage areas into nearby bioretention areas, as discussed in Attachment 8.
Notice of Planning Commission Public Hearing
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 NOVA Workforce Services 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.
The City sent 3,419 notices to surrounding property owners and residents within 2,000 feet of the project site in addition to standard noticing practices, including advertisement in the Sunnyvale Sun Newspaper and on-site posting.
Public Comment Correspondence
Staff has compiled comments from the public (including comments at the community outreach meetings, Planning Commission study session, and 14 emails/letters as of the date of staff report preparation). All public comment correspondence is compiled in Attachment 9, a summary of which is provided below.
Public comment included support for the following project components:
• For-sale housing opportunities.
• Retail uses in the ground floor commercial component of the mixed-use building.
Public comment identified concerns with/opposition to the following project components:
• Granting SDP deviations for the proposed development.
• Building height taller than two stories.
• Parking above the ground floor of the mixed-use building.
• Potential impacts on the single-family neighborhood to the south: parking, traffic, noise, privacy/visual buffering, etc.
• No affordable units.
• The potential for housing units being used for investment purchases by absentee owners.
• Lack of visual interest in the mixed-use building.
• Lighting impacts from future commercial tenants.
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 and Vesting Tentative Map 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 and Vesting Tentative Map based on the Recommended Findings in Attachment 3 with modified Conditions of Approval.
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 and Vesting Tentative Map 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 high-density residential housing, five new single-family homes/lots, and a net gain of commercial area over existing levels along the El Camino Real corridor. The proposed project provides land uses/intensities and project design that contributes towards an improved quality of life, minimizes sprawl, and creates a healthy jobs-to-housing ratio. The project also complies with the ECRSP’s objective design standards, contributes to a sense of place, and an enhanced pedestrian experience along El Camino Real’s streetscape. In addition, the proposed project provides for urban family living opportunities, with larger unit size and bedroom counts. The applicant’s justifications for the requested deviations 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 in the ECRSP EIR would continue to be implemented.
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 $250 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
A check or “Y” 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
___ General policy and legislative actions
Staff
Prepared by: Jeffrey Cucinotta, Senior Planner
Reviewed by: George Schroeder, 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. Vesting Tentative Map
7. CEQA Environmental Checklist
8. Sunken Patio Drainage Narrative
9. Public Comments