REPORT TO PLANNING COMMISSION
SUBJECT
Title
Proposed Project: Related applications on a 5.28-acre site:
SPECIAL DEVELOPMENT PERMIT: Redevelop three non-contiguous lots with:
1) A new two-story commercial building totaling 23,104 square feet on the commercial lot; and,
2) 101 new market-rate townhouse units, distributed among 15 three-story buildings on the residential lots.
VESTING TENTATIVE MAP: Subdivide one existing lot into 26 lots and 101 residential condominium spaces, and merge two existing commercial lots into one.
Location: 1119-1163 Lawrence Expressway (APN 110-23-110);1037 Lakehaven Drive (APN 110-23-109); and 1051 Lakehaven Drive (APN 110-23-108)
File #: PLNG-2023-0302
Zoning: VCMU-22 (Village Center Mixed-Use) and VCC (Village Center Commercial) [formerly C-1/PD (Neighborhood Business/Planned Development)]
Applicant / Owner: The True Life Companies (TTLC; applicant)/Dick’s Lakewood Corporation (owner)
Environmental Review: No additional review required per CEQA Guidelines Section 15183 - environmental impacts are addressed in the Land Use and Transportation Element (LUTE) Environmental Impact Report (EIR)
Project Planner: Jeffrey Cucinotta, (408) 730-7424, jcucinotta@sunnyvale.ca.gov
Report
REPORT IN BRIEF
General Plan: Village Center Master Plan [formerly Village Mixed Use (VMU)]
Existing Site Conditions: Shopping center building (56,541 sq. ft.), former auto service station building (2,008 sq. ft.), and associated surface parking and access driveways.
Surrounding Land Uses: The site is surrounded by single family residential neighborhoods on all sides and is bifurcated by the John W. Christian Greenbelt (owned by the San Francisco Public Utilities Commission [SFPUC]).
North: Duplexes and single-family homes across Lakedale Way
South: Single-family homes across Lakehaven Drive
East: Single-family homes and the John W. Christian Greenbelt across Lawrence Expressway
West: Single-family homes along Stoneylake Court
Issues: Village Center Retail Preservation Incentive Program concession and waivers of development standards
Staff Recommendation: Alternative 1. Make the required findings to approve the CEQA determination that the project is consistent with the LUTE EIR and no additional environmental review is required pursuant to CEQA Guidelines Section 15183 and approve the Special Development Permit and Vesting Tentative Map application 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 comprised of three separate parcels totaling 5.28 acres in area and is currently developed with a 56,541 square foot, one-story shopping center building, a 2,008 square foot vacant, one-story auto service building, and associated parking and driveway aisles. The proposed project consists of demolishing all buildings on site and constructing a mixed-use development consisting of 1) a new two-story commercial building totaling 23,104 square feet on the commercial lot fronting Lakehaven Drive; and, 2) 101 new market-rate townhouse units, distributed among 15 three-story buildings on the residential lots fronting on Lawrence Expressway and Lakedale Way. A Special Development Permit (SDP) is required for the development of new buildings. The applicant is requesting waivers from 22 development standards and one concession, as discussed in the Development Standards section of this staff report.
A Vesting Tentative Map is also required for subdivision of the existing shopping center lot (1119-1163 Lawrence Expressway) into 26 lots and 101 condominiums for the townhome units, as well merging the two other commercial lots (1037 and 1051 Lakehaven Drive) into one. 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.
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 site and architectural plans.
Previous Actions on the Site
The site was developed as a one-story commercial shopping center in 1959 and the site plan configuration has remained largely unchanged since then. Staff-level planning permits have been issued over the years for tenant improvements/changes, telecommunication facilities, signage, donation trailers, and various minor architectural modifications.
In 2017, the City adopted an update to the General Plan Land Use and Transportation Element (LUTE), identifying seven mixed-use Village Center areas throughout the City, including the project site. In February 2023, the applicant submitted a preliminary application under Senate Bill (SB) 330 for the project site, at which time City staff advised the applicant to closely follow the Village Center Master Plan (VCMP) preparation process, which was underway at that time. In July 2025, the City adopted the VCMP, which included updated zoning and development standards for all Village Center sites. However, because the applicant submitted the preliminary application before the adoption of the VCMP, the applicable development and design standards are those that were in effect at the time of submitting the preliminary application in 2023.
EXISTING POLICY
General Plan Goals and Policies: A complete list of goals and policies from the LUTE and other General Plan elements that pertain to the proposed project are in the Recommended Findings in Attachment 3.
ENVIRONMENTAL REVIEW
The proposed project is an implementing project of the City’s General Plan LUTE. The City adopted the LUTE and certified its Environmental Impact Report (EIR) in 2017 (State Clearinghouse No. 2012032003) per the California Environmental Quality Act (CEQA).
The City’s consultant, Michael Baker International, prepared an environmental checklist (Attachment 6) to determine whether the environmental impacts of the proposed project are within the scope of the LUTE 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 LUTE 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 LUTE EIR. The environmental checklist includes mitigation measures from the LUTE EIR Mitigation Monitoring and Reporting Program (MMRP) that have been incorporated into the Recommended Conditions of Approval in Attachment 4.
Review of the project, including technical studies, confirmed the project is consistent with the certified LUTE 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). Therefore, staff finds that the environmental impacts of the project are addressed in the LUTE EIR and that no additional review is required. The existing EIR documents can be found on the General Plan webpage at <https://www.sunnyvale.ca.gov/your-government/codes-and-policies/general-plan>.
DISCUSSION
Present Site Conditions
The project site is comprised of three separate parcels totaling 5.28 acres in area: 1119-1163 Lawrence Expressway, 1037 Lakehaven Drive, and 1051 Lakehaven Drive.
The site is bounded by Lakedale Way to the north, Lawrence Expressway and the Shell gas station to the east, Lakehaven Drive to the south, and an existing single family residential neighborhood to the west, beyond which is Silverlake Drive and Lakewood Park. The project site is also bifurcated (west-east) by the John W. Christian Greenbelt trail parcel (owned by the San Francisco Public Utilities Commission [SFPUC]), with 1119-1163 Lawrence Expressway to the north of the trail parcel, and 1037 and 1051 Lakehaven Drive to the south of the trail parcel. Underneath the trail parcel is the Hetch Hetchy Regional Water System, which provides water from the Sierra Nevada Mountains to various parts of the San Francisco Bay Area.
The project site is currently developed with a 56,541 square foot shopping center building (the Lakewood Shopping Center) in the northern portion of the site (1119-1163 Lawrence Expressway) and a vacant auto service building in the southern portion (1037 Lakehaven Drive). The shopping center’s anchor tenant is the New Wing Yuan market. There are also multiple restaurants and personal service businesses on site. The shopping center building is located along the western half of the site and the eastern half is a parking lot, which is located along the Lawrence Expressway and Lakedale Way frontages, extending to the south across the SFPUC lot and to the Lakehaven Drive frontage. Apart from the shopping center driveway access from Lakehaven Drive and Lakedale Way, the parking lot can also be accessed by pedestrians and cyclists via the SFPUC greenbelt trail to the west. There is also an existing pedestrian/cyclist overpass across Lawrence Expressway at Lakedale Way.
The Santa Clara Valley Transportation Authority (VTA) local bus line 55 and school service line 255 traverses the neighborhood surrounding the project site, with the closest bus stop on Lakehaven Drive along the project frontage of the vacant auto service building. Other nearby bus stop locations serviced by these bus lines include the northbound side of Lawrence Expressway at the eastern side of the existing pedestrian/cyclist overpass.
Land Use and Zoning Designation
In February 2023, an SB 330 preliminary application was submitted for the redevelopment of this site, which locked in the City standards and fees for the project that applied at that time. Subsequently, on July 1, 2025, the City Council adopted the Village Center Master Plan (VCMP), which changed the General Plan land use and zoning designations for the properties subject to this application as follows:
• General Plan Land Use Designation: Changed from Village Mixed Use (VMU) to Village Center Master Plan (VCMP)
• Zoning Designation: Changed from Neighborhood Business (C-1)/Planned Development (PD) to:
o Village Center Mixed Use (VCMU-22) for the proposed residential portion.
o Village Center Commercial (VCC) for the proposed commercial portion.
Because submittal of the SB 330 preliminary application predated adoption of the VCMP, the pre-VCMP land use (Village Mixed Use) and zoning (C-1/PD) ordinances, policies, and standards apply for this application.
Residential uses are prohibited in the C-1 zoning district, but the Village Mixed Use General Plan land use designation allows for mixed-use development, including residential uses up to 18 dwelling units per acre (du/ac). The General Plan land use designation prevails when there is a discrepancy with the uses allowed under the zoning designation.
Furthermore, the Sunnyvale Municipal Code requires the project to comply with all zoning standards that apply to residential uses in the lowest residential zoning district that would allow the density established by the General Plan for the site, which in this case is the R-3 Medium Density Residential zoning district (reserved for not more than 24 dwelling units per acre).
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 they find by a preponderance of evidence that the project would have a specific, adverse impact on public health or safety that could not be feasibly mitigated or avoided without disapproving or reducing the density of the project.
This site and other Village Centers are listed in the Residential Sites Inventory within the City’s Housing Element which contribute towards meeting the City’s Regional Housing Needs Allocation (RHNA) assigned by the Association of Bay Area Governments (ABAG).
Site Layout
The proposal consists of 15, three-story, townhome-style buildings on the northern portion of the development and a two-story commercial building on the southern portion. The townhome buildings run east-west lengthwise along the Lawrence Expressway and Lakedale Way frontages and also along the SFPUC trail parcel frontage, and north-south lengthwise on the interior of the residential portion of the development. The commercial building is located along the Lakehaven Drive property frontage.
The proposed townhome buildings are comprised of two different building types and six different unit types:
• Rowtowns (Buildings 1 through 9; Unit Types 3 and 4): 41 three-bedroom units, all three stories/36’-4” tall.
• Townflats (Buildings 10 through 15; Unit Types 1, 2, 5, and 6): 44 two-bedroom units and 16 four-bedroom units, all three stories/40’-6” tall.
Each unit has an attached two-car garage, a private balcony (including a roof deck for Unit Types 5 and 6), and access to individual lockable storage space.
The proposed commercial building is two stories tall (36’) with 23,104 square feet of floor area. No internal floor plan has been provided, as no prospective tenant(s) has been identified at this time.
See Attachment 5 for the detailed site and architectural plans.
Circulation
Vehicular, bicycle, and pedestrian circulation/access is provided to the commercial lot via one Lakehaven Drive driveway and to the townhouse portion via one Lakedale Way driveway. At the northwest corner of the townhouse portion there is also an emergency vehicle access driveway. No direct site access to the townhouse portion would be available from Lawrence Expressway, as the applicant is proposing to retain the existing six-foot-tall concrete wall along the eastern edge of the project and extend it southward to the northern edge of the SFPUC parcel.
Regarding the SFPUC parcel access, the City and applicant contacted the SFPUC to solicit feedback on the circulation considerations. Currently, the shopping center has a Land Use Permit from the SFPUC for shopping center customer and delivery vehicle access across the SFPUC parcel. However, the SFPUC specified that no vehicular cross access between the two proposed development parcels would be allowed and that no City-required site amenities (such as parking or open space amenities) would be allowed on their parcel when the project site is redeveloped. The SFPUC conveyed that their parcel is necessary for providing uninhibited water infrastructure and service to the region and therefore the SFPUC does not allow any private development improvements to be built on their property.
The proposed circulation plan reflects SFPUC’s direction; the only remaining vehicle access to the SFPUC parcel would be from the gas station property at the northwest corner of Lawrence Expressway and Lakehaven Drive. Bicycle and pedestrian access to the SFPUC parcel would continue to be available from the remainder of the trail to the western edge of the shopping center parking lot, which is currently lined with bollards.
In addition, the applicant also proposes a six-foot-tall tubular steel fence to line the southern edge of the townhouse development that is shared with the SFPUC parcel, with one four-foot-wide opening in the fence to provide uninhibited bicycle and pedestrian access to/from the residential and commercial portions of the development. On the commercial lot, no wall or fence is proposed; instead, the row of parking stalls will demarcate the property line and sidewalk access will be available from Lakehaven Drive to the SFPUC parcel.
Development Standards
The applicant has requested one concession and 22 waivers from multiple City development standards under the City’s Retail Preservation Incentive Program, stating that "application of the listed development standards would physically preclude construction of the Project at the proposed and allowed density" (Attachment 7).
The applicant also requests one concession for an exemption from providing art in private development per SMC Chapter 19.52.
A list of requested waivers includes the following:
Residential Portion
1. Building Height
2. Building Height (within 75 feet of a property line shared with a property in a single-family residential zoning district)
3. Front Yard Setback
4. Side Yard Setback
5. Rear Yard Setback
6. Distance Between Buildings
7. Usable Open Space
8. Community Room/Clubhouse
9. Private Balcony Dimensions
10. Ground Equipment Screening Details
11. Vehicle Parking Count (Unassigned Spaces)
12. Parking Lot Shading
Commercial Portion
13. Building Height (within 75 feet of a property line shared with a property in a single family residential zoning district)
14. Front Yard Setback
15. Vehicle Parking Count
16. Loading Space
17. Landscaped Area
18. Parking Lot Shading
19. Solar Analysis Preparation
Overall Project
20. Landscaped Buffer (along western property line)
21. Landscaped Buffer Wall Design and Height
22. Landscaped Frontage Strip
Staff supports the requested concession and waivers, as discussed in the “Justification for Recommendation” section of this staff report.
A summary of the project’s compliance with these and additional development standards is discussed in the following sections of this staff report as well as in the Project Data Table in Attachment 2.
Retail Incentive Program
In March 2025, the City Council adopted a Retail Preservation Incentive Program (Attachment 8) for certain Village Center sites, including this project site. The intent of the program is to incentivize the preservation of retail/commercial uses when a Village Center site is redeveloped with housing. The program is voluntary, and participation in the program offers project applicants the ability to deviate from the minimum number of required below market rate units that must be provided on site under the standard provisions of the City’s Below Market Rate (BMR) Ordinance in exchange for providing certain amounts of commercial/retail floor area.
In the case of the proposed project, the applicant is proposing more than 10% commercial floor area ratio in the proposed two-story commercial building, and as such is exempt from the requirements in Sunnyvale Municipal Code (SMC) Chapter 19.67 (Inclusionary Below Market Rate Ownership Housing Program).
It is noted that the proposed project results in a net loss of 31,445 square feet commercial floor area, decreasing from the existing 58,549 square feet (56,541 square foot shopping center building and 2,008 square foot auto service building) to the proposed 23,104 square feet.
In addition, as this project’s participation in the Retail Preservation Incentive Program does not result in the creation of any below market rate units, this project is not eligible for a density bonus or other benefits under the California Density Bonus law. As such, the requested concession and waivers from development standards are not classified as California Density Bonus law concession and waivers but rather as City retail incentive program concession and waivers.
Because the project is receiving substantial benefits in electing to utilize the Retail Preservation Incentive Program, a condition of approval (condition BP-13) has been included requiring that the commercial retail component be phased relative to the residential component: the core and shell permit for the commercial building would need to be issued before the first residential unit receives its final occupancy permit, the commercial lot would be deed restricted to be used for commercial retail, and the commercial building would need to completed before the final occupancy for the 76th residential unit is issued,
Residential Density
As previously discussed, the R-3 zoning district standards apply to the residential portion of the proposed development. The R-3 zoning district is reserved for no more than 24 du/ac and has a minimum required lot area per dwelling unit of 1,800 square feet. The proposed density is 19.13 du/ac, which provides approximately 2,277 square feet of lot area per unit and as such complies with the density provisions in the SMC for the R-3 zoning district.
Parking
The minimum required and proposed number of off-street automobile spaces are as follows:
• Residential Portion:
o Assigned: A minimum of 168 spaces are required, and 202 spaces are provided (101 two-car garages).
o Unassigned: A minimum of 50 spaces are required, and 25 are provided.
• Commercial Portion: A minimum of 93 spaces are required and 51 spaces are proposed (waiver requested).
Reach Code electric vehicle (EV) charging space requirements include the following:
• Residential Portion:
o Level 1 EV Ready: A minimum of 17 spaces are required and 17 are provided.
o Level 2 EV Ready: A minimum of eight spaces are required and eight are provided.
• Commercial Portion:
o EV Charging Spaces: A minimum of 18 spaces are required and 20 are provided (including 2 accessible spaces).
o EV Capable Spaces: A minimum of 18 spaces are required and 18 are provided.
The proposed project meets the minimum required bicycle parking spaces as follows:
• Residential Portion:
o Minimum required: 26 Class I secure spaces.
o Proposed: 101 two-car garages (Class I secure); 36 Class II bicycle racks.
• Commercial Portion:
o Minimum required: Three Class II spaces.
o Proposed: Two lockers, one bicycle each (Class I secure); Six Class II bicycle racks.
Transportation Demand Management (TDM)
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 meets the 10 required TDM points through its proximity to a major transit stop and commercial uses, bicycle facilities (secured parking and repair station), wayfinding station, an on-site TDM coordinator, TDM communication strategies, and a transit pass program.
Traffic
The project is oriented towards Lakehaven Drive (commercial portion) and Lakedale Way (residential portion), provides a direct pedestrian and cyclist connection from Lakehaven Drive to Lakedale Way (and the existing Lawrence Expressway pedestrian/cyclist overpass) via the SFPUC parcel, and would install sidewalk improvements along its project frontage, including street trees in accordance with City requirements.
Per Council Policy 1.2.8, Vehicles Miles Traveled (VMT) is used to identify potential transportation impacts of a proposed land use project. For the residential land use, the project is located in an area that is within the Countywide Average of 13.33 Highway Vehicle Miles Traveled (HVMT) per capita with 15% threshold; therefore, a VMT analysis is not required. Additionally, since the existing Lakewood Shopping Center land use is commercial and there is no net gain of commercial floor area, the proposed commercial land use is already accounted for and a VMT analysis is not required.
Additionally, a Local Transportation Analysis (LTA) is not required for operational impacts per the City’s Transportation Analysis Guideline for VMT and LTA, as the projected trip generation based on the project size and land use types is not expected to generate over 100 net new AM or PM peak hour trips.
Useable Open Space
The SMC requires a minimum of 400 square feet of useable open space for each residential unit, or 40,400 square feet total for the project. Balconies with a minimum of seven feet in any dimension and at least 80 square feet in area qualify towards the useable open space requirement. The project requires a retail incentive program waiver from this requirement, as only 31,143 square feet are provided. The project also requires waivers for minimum balcony dimensions (requirement is seven feet’ in each direction, where four feet is provided in some areas for 85 of 101 units) and for the community room/clubhouse requirement (a space of at least 450 square feet in area is required and none is provided).
Landscaping and Tree Preservation
The requirements for and compliance with landscaped area standards include the following:
• Residential Portion:
o Minimum required: 42,925 square feet (425 square feet per unit).
o Provided: 58,046 square feet (complies).
• Commercial Lot:
o Minimum required: 7,321 square feet (20 percent of lot area).
o Provided: 7,080 (waiver required).
Landscaping is provided along all ground floor street frontages for the entire project and on private balconies for the townhome units. Landscaping is comprised of groundcover, shrubs, trees, and permeable pavers at on-site pedestrian crosswalks. Pedestrian-scale lighting is provided throughout the project site.
A preliminary arborist report was prepared and evaluated a total of 38 existing 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 23 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. The proposed project has been designed to accommodate 197 new trees throughout the site and 18 new street trees, which complies with the City’s Tree Replacement Standards. The proposed tree preservation plan and final arborist report reflect the City Arborist’s recommendations.
Architecture
The proposed townhouse buildings have three different color schemes and include exterior stucco/plaster, horizontal wood siding, and metal shade canopies. Unit entries are accentuated through post and beam trellises. Patio railings have steel frames. The building façades are articulated through differing projections for windows, patios, and other architectural elements.
The proposed commercial building complements the townhouse buildings through stucco/plaster and horizontal wood siding with neutral tones for most of the building, with aluminum storefront windows and metal shade canopies and trellises.
The applicant is not requesting waivers from any applicable objective design standards, and staff finds the proposed architectural design is substantially consistent with the design standards 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.
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, which will be confirmed at the building permit stage. The non-residential portion of the Project would achieve LEED Gold certification.
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.
A minimum of 35% of the commercial lot’s parking spaces shall be Level 2 EVCS (charging station). For the residential portion, each unit shall have one Level 1 and one Level 2 EV Ready Circuit per unit.
Solid Waste and Recycling Access
The applicant has worked with Environmental Services Department 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 commercial lot, which includes the following:
• Residential Portion: The project includes single-family recycling and garbage service for the townhome units, with individual carts to be staged on-site during trash collection in front of the individual garage doors and along the north-south private road for Buildings 8 through 13.
• Commercial Portion: For the commercial lot, there is a proposed solid waste enclosure at the northern end of the Lakehaven Drive driveway next to the gas station lot, which would be a CMU wall enclosure with plaster finish and a metal roof cover at 10’-6” tall. Easement access would be provided across the neighboring gas station lot for solid waste truck access, as identified in COA #TM-11 (Attachment 4).
Fiscal Impact
No fiscal impacts other than standard fees and taxes are expected. The project will be subject to additional fees including the Park In-Lieu Fee and School Impact fees as noted in the Conditions of Approval.
Public Contact
Neighborhood Outreach Meeting
The applicant hosted an online neighborhood outreach meeting on April 24, 2025, with 40 members of the public present. The attendees asked questions about the current shopping center businesses and the importance of retaining neighborhood-serving retail/food access/services, parking, site circulation (pedestrian/cyclist access, SFPUC lot, etc.), traffic impacts, increasing residential density, housing affordability, and photovoltaic (solar) energy services.
Planning Commission Study Session
The Planning Commission reviewed the project plans at a study session on May 12, 2025. The Planning Commission provided comments and questions about providing more retail floor area, site and neighborhood circulation, perimeter sound walls, and remediation of the former gas station site. Five members of the public commented on fresh food access, traffic concerns, need for affordable housing, site circulation/walkability, and local union standards.
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 1,249 notices to surrounding property owners and residents within 1,000 feet of the project site in addition to standard noticing practices, including advertisement in the Sunnyvale Sun Newspaper, a courtesy email to interested parties that were identified since the application was submitted, and on-site posting.
As of the date of publication of this staff report, staff has received two emails from the public regarding the proposed project, identifying concerns with loss of commercial/retail space and the project’s potential traffic and parking impacts. This email has been provided as Attachment 9.
ALTERNATIVES
1. Make the required findings to approve the CEQA determination that the project is consistent with the LUTE EIR and no additional environmental review is required pursuant to CEQA Guidelines Section 15183 and approve the Special Development Permit and Vesting Tentative Map application 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 LUTE EIR and no additional environmental review is required pursuant to CEQA Guidelines Section 15183 and approve the Special Development Permit and Vesting Tentative Map application 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 LUTE EIR and no additional environmental review is required pursuant to CEQA Guidelines Section 15183 and approve the Special Development Permit and Vesting Tentative Map application 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 by providing mid-density residential housing and retaining over 20,000 square feet of necessary commercial tenant space for neighborhood-serving businesses. 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 Citywide Objective Design Standards, contributes to a sense of place, and provides enhanced pedestrian and cyclist opportunities in the Lakewood neighborhood and to/from the SFPUC trail parcel through demarcated sidewalks and access easements where a commercial parking lot currently exists. 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 LUTE 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 $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: 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. CEQA Environmental Checklist
7. Applicant’s Project Description Letter
8. Retail Preservation Incentive Program Resolution
9. Public Comments