REPORT TO PLANNING COMMISSION
SUBJECT
Title
Proposed Project: Related applications on two sites totaling 1.2 acres:
SPECIAL DEVELOPMENT PERMIT: to demolish the existing 2,600 square foot restaurant building and construct 30 townhomes within five three-story buildings, and
VESTING TENTATIVE MAP: to create one lot and 30 condominium units.
Location: 1313 South Wolfe Road (APN: 309-10-026 and 309-10-027)
File #: PLNG-2025-0493
Zoning: R-3/MU (Medium Density Residential with a Mixed-Use Combining District) and R-3/PD (Medium Density Residential with a Planned Development Combining District)
Applicant / Owner: 4Terra Investments (applicant)/Desmond Family Real Estate Limited Partners (Owner)
Environmental Review: Addendum to previously adopted Mitigated Negative Declaration, Filed May 14, 2024 (Conf. No. ENV25111).
Project Planner: Mary Jeyaprakash, (408) 730-7449, mjeyaprakash@sunnyvale.ca.gov
Report
REPORT IN BRIEF
General Plan: Medium Density Residential
Existing Site Conditions: Vacant northern parcel (APN 309-10-026) and inactive drive-through restaurant on southern parcel (APN 309-10-027)
Surrounding Land Uses
North: Automobile service station and convenience store
South: Multi-family residential (apartments)
East: Hotel across South Wolfe Road
West: Multi-family residential (condominiums)
Issues: Neighborhood compatibility
Staff Recommendation: Adopt the Addendum to the Mitigated Negative Declaration based on the CEQA Findings in Attachment 3, and approve the Special Development Permit and Vesting Tentative Map based on the Findings in Attachment 3 and subject to the Conditions of Approval in Attachment 4.
BACKGROUND
Description of Proposed Project
The project site is 1.2 acres in size and consists of two adjoining parcels. The northern parcel is approximately 0.47 acres in size and is currently vacant. The southern parcel is approximately 0.73 acres in size and is developed with a former drive-through Wendy’s restaurant. The proposed project would demolish the existing restaurant building and redevelop the two parcels with 30 three-story townhomes within five buildings. No commercial uses are proposed. The project proposes utilizing the State Density Bonus Law (SDBL) for reduced parking and 12 waivers of physical development standards.
A Special Development Permit (SDP) is required for site and architectural review. A Vesting Tentative Map (VTM) is required for the creation of 30 condominium units for individual ownership on one lot. The findings to grant approval for an SDP and VTM are discussed in the Recommended Findings in Attachment 3. See Attachment 1 for a vicinity and noticing map and Attachment 2 for the Project Data Table.
Previous Actions on the Site
The two parcels were originally attached as one parcel, with a General Plan designation of Commercial and zoning designation of C-1/PD (Neighborhood Commercial/Planned Development). The original parcel was developed as a drive-through restaurant site in 1979. The restaurant building was constructed to the south and the northern portion served as a surface parking lot for the restaurant.
In 2001, a Use Permit to redevelop the northern part of the parcel into a two-story office building was approved. The entitlement was not exercised and expired. In 2008, a Parcel Map was approved to subdivide the property into two parcels, and the site configuration has remained unchanged since that time. A Use Permit to redevelop the northern parcel into a two-story retail building was submitted in 2015 but withdrawn.
In 2021, the City Council authorized a General Plan Initiation (GPI) to study medium (15 to 24 units per acre) to high (25 to 36 units per acre) density residential with a non-residential mixed-use component. In 2022, a General Plan Amendment (GPA) and Rezoning (RZ) application were submitted, with a concept plan showing a 2,000 square foot commercial building on the northern parcel (9.5% commercial floor area for the northern parcel only) and 27 townhomes across both parcels (22.5 units per acre):
2022 Concept Plan:
A market study was prepared by Strategic Economics for the City in 2023 to evaluate different land use scenarios, including the applicant’s preferred concept plan. Scenarios ranged from no change to General Plan and Zoning designations (commercial-only uses) to high density residential (no commercial). The market study found the following:
• Evidence of demand for commercial exists due to the project location; however, it does not imply that it would be financially feasible to develop.
• Townhomes is the most financially feasible housing product type for the site.
• Commercial uses would likely generate a net loss; however, developers can potentially cross-subsidize commercial construction with townhomes.
On April 22, 2024, the City Council approved the following:
• General Plan Amendment to designate the two parcels to Medium Density Residential (15 to 24 dwelling units per acre)
• Rezone the northern parcel to R-3/MU (Medium Density Residential/Mixed Use), which requires a minimum of 10% floor area as commercial
• Rezone the southern parcel to R-3/PD (Medium Density Residential/Planned Development)
The applicant submitted an SB 330 Preliminary Application on February 6, 2025, locking in the development standards and fees in effect at that time. There are no active Neighborhood Preservation complaints at the site.
EXISTING POLICY
General Plan Goals and Policies: Key goals and policies from the Land Use and Transportation and Housing Chapters of the General Plan that pertain to the proposed project are provided in the Recommended Findings in Attachment 3.
Applicable Design Guidelines: The Citywide Objective Design Standards for Multi-Family and Mixed-Use Development (ODS) provide recommendations for site layout, architecture, and design and are referenced in the discussion below and in Attachment 3.
ENVIRONMENTAL REVIEW
An Initial Study and Mitigated Negative Declaration (IS/MND) was prepared in compliance with the California Environmental Quality Act (CEQA) as part of the 2024 GPA and RZ action. The IS/MND determined that construction of the reasonably foreseeable development would not result in significant environmental impacts with implementation of identified mitigation measures. The City Council adopted the MND (State Clearinghouse No. 2024020540) on May 7, 2024 (see Attachment 6 for the IS/MND). The mitigation measures identified in the IS/MND have been incorporated into the Recommended Conditions of Approval (see Attachment 4, BP-27, 28, 31, and 32).
The City’s environmental consultant, David J. Powers & Associates, Inc., prepared an Addendum (Attachment 7), that explains the recommended determination that the project is consistent with the scope of the 2024 IS/MND and would not result in new or substantially more severe environmental impacts. Although the proposed project does not include the commercial component assumed in the prior analysis, it would not result in new or substantially more severe environmental impacts than those previously evaluated. Based on the analysis provided in the Addendum, staff finds that the potential environmental impacts of the proposed project were adequately addressed in the 2024 IS/MND, no further environmental review is required pursuant to CEQA Guidelines Section 15162, and the Addendum has been adequately prepared pursuant to CEQA Guidelines Section 15164.
DISCUSSION
Present Site Conditions
The project site is located near the southwest corner of East Fremont Avenue and South Wolfe Road. The site is 1.2 acres in size and consists of two adjoining parcels. The northern parcel is approximately 0.47 acres in size and is currently vacant, with groundcover and perimeter trees and shrubs. The southern parcel is approximately 0.73 acres in size and is developed with a former drive-through Wendy’s restaurant. Wendy’s vacated the site in December 2025. An automobile service station with a convenience store is located to the north, two- and three-story multifamily condominiums to the west, two-story multifamily apartments to the south, and a hotel across South Wolfe Road to the east.
There is an existing masonry wall along the west and south property lines. There are two vehicular access points along South Wolfe Road and there is no separate pedestrian pathway from the public sidewalk. A Santa Clara Valley Transportation Authority (VTA) bus stop (Route 56) is located along the project frontage.
Site Layout and Architecture
The proposed project includes 30 townhome units within five three-story buildings. No commercial uses are proposed.
Currently Proposed Site Plan:
The proposed buildings on the northern parcel are oriented parallel to South Wolfe Road, while the proposed buildings on the south parcel are sited perpendicular. The units contain three to four bedrooms each, all with two-car garages. The unit sizes range between 2,170 square feet and 3,034 square feet (including garages). Vehicular access is provided by two driveways along South Wolfe Road, with private streets serving the buildings. Pedestrian circulation includes walkways from the public sidewalk to the buildings and internal walkways connecting the buildings and parking areas. The project also includes uncovered guest parking, building-specific mailboxes, rooftop mechanical equipment, and usable open space with planting areas along the site peripheries and between Buildings 2 and 3 (see Attachment 5 for the Site and Architectural Plans). The project also implements the South Wolfe Road Corridor Traffic Study by retaining a 12-foot street easement for a new sidewalk and street tree easements with new trees.
One transformer will be located towards the back of the site (beyond the face of buildings), which is proposed to be placed underground. The City acknowledges that there is a nationwide shortage of underground transformers, which may make it infeasible to underground depending on the circumstances at the time of construction. Therefore, Condition of Approval (GC-8) was added to require screening in front of the transformer if it must be placed above-ground.
The proposed building features a contemporary architectural style with varied massing, roof forms, and façade articulation to create a visually dynamic streetscape. The three-story façade combines flat and shed roof forms with changes in building height and depth to break up the overall scale. Light-colored and green-toned stucco provide contrast and warmth, while metal panels, and recessed entries with wood siding and steel awnings add visual interest. Along South Wolfe Road, vertical architectural elements, including pilasters and wall projections with wood sidings, enhance the façade and provide visual interest. Landscaping and street trees along the frontage complement the architecture and soften the building’s appearance from Wolfe Road.
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 multi-family development. 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, the City finds there is a specific, adverse impact on public health or safety where there is no feasible method to mitigate or avoid without denying or reducing the density of the project.
The HAA also requires that when there are inconsistencies between objective standards, the General Plan’s standards and allowable densities take precedence. While the existing Zoning designation of the northern parcel requires a minimum of 10% commercial floor area, the General Plan designation of Medium Density Residential does not require commercial and allows up to 29 residential units (24 units per acre). Therefore, the City cannot require commercial to be built as part of the project.
The State Density Bonus Law (SDBL) also allows bonus units, automatically reduced parking standards, and reductions from objective standards (waivers and concessions) in exchange for below market rate units. The project provides four below market rate units for moderate-income households (80% to 120% of the area median income). The applicant is utilizing the SDBL to obtain one bonus unit, resulting in a 30-unit project (25 units per acre). Further discussion is below regarding waivers and reduced parking.
Development Standards
The project complies with most applicable development standards in the SMC, such as building height, number of stories, solar shading, total landscape area, bicycle parking, and useable open space. The applicant proposes to utilize the SDBL for 12 waivers of development standards. The Project Data Table in Attachment 2 summarizes the project's compliance with the development standards of SMC and ODS.
State Density Bonus Law
The project qualifies for unlimited waivers of development standards. The applicant has not requested a concession.
Waivers: Unlimited waivers (reduction in development standards) are permitted if the applicant can demonstrate that compliance with the development standards would physically preclude them from constructing the proposed development with the allowed number of units. The applicant has provided a SDBL Request Letter (see Attachment 8) and Exhibits (see Attachment 5), which provides these justifications. The project includes 12 waivers, nine of which are from zoning standards and three are from objective design standards. Given the site’s narrow and linear configuration, most of the requested waivers are related to setback requirements needed to accommodate the proposed site plan and maximize the number of residential units. The following 12 waivers are proposed:
1. Maximum Lot Coverage: 42.5% lot coverage is proposed, where 40% maximum is permitted (SMC Section 19.32.020).
2. Minimum Building Separation: 18-foot separation between Buildings 2 and 3 is proposed, where 26 feet minimum is required (SMC Section 19.48.030).
3. Minimum Front Yard Setback: 13-foot 1-inch front yard setback for Unit 21 is proposed, where 15 feet minimum is required (SMC Section 19.34.030).
4. Minimum North Side Yard Setback: 4-foot 11-inch side yard setback is proposed, where 12 feet minimum is required (SMC Section 19.34.030).
5. Minimum South Side Yard Setback: 10-foot side yard setback is proposed, where 12 feet minimum is required (SMC Section 19.34.030).
6. Minimum Total Side Yard Setback: 14 feet 11 inches combined side yard setback is required, where 27 feet minimum is required (SMC Sections 19.34.030 and 19.34.080).
7. Minimum Rear Yard Setback: 4-foot 10-inch rear yard setback is proposed, where 20 feet minimum is required (SMC Section 19.34.030).
8. Minimum Landscaped Frontage Strip: 4-foot 6-inch to 6-foot 8-inch landscaped frontage strip is proposed, where 15 feet is required (SMC Section 19.37.040(c).
9. Maximum Solid Waste Staging Distance: Eight of the 30 units are 200 to 295 feet away from the trash staging area, where a maximum distance of 150 feet is allowed (SMC Section 19.38.030(e)(1)(K)).
10. Minimum Loading Spaces: No loading spaces are provided, where five loading spaces are required (one per building, 35 feet in length, 350 square feet in size) within 10 feet of each building (ODS Section 5.2.4).
11. Maximum Building Setback from Minimum Front Yard Setback: 16 feet 4 inches is proposed between the minimum front setback (15 feet) and buildings behind the VTA bus stop, where 10 feet maximum is allowed (ODS 2.2, Table 2A).
12. Building Setback from Minimum Front Yard Setback: 7% of the building width is located at the minimum front setback (15 feet), where 65% to 85% building width is required (ODS 2.2 Table 2A).
The applicant’s justification letter cites specific site constraints that limit the ability to comply with the development standards listed above, thereby, warranting a request for waivers. The lot has an unusual shape, wide along the frontage with a narrow depth. Fitting 30 units on a site with enough space for required site circulation, emergency vehicle access, solid waste collection and VTA bus stop improvements along the frontage is very difficult to achieve (see Attachment 8 for the State Density Bonus Law Request Letter from Applicant).
While limited discretion applies in decisions on waivers, the applicant has worked with staff to examine impacts to adjacent residential properties. The adjacent two-story apartment buildings to the south are located between 40 feet to 60 feet from the adjoining property line, buffered by a drive aisle, carport and landscaping strip. The adjacent two to three-story condominiums along the west property line are more heavily impacted. Two buildings are located approximately 10 feet to 15 feet from the adjoining property line. Useable open space areas (playground and swimming pool) for the condominiums are also located along the adjoining property line. To reduce potential privacy and visual impacts, the applicant has positioned the townhome windows along the west property line away from the line of sight from the existing condominium windows. In addition, the applicant proposes screening trees (Columnar English Oak) along segments of the western site periphery, which considered to be moderately fast growing and reach a maximum height of 50 to 60 feet. Existing 8-foot-tall masonry walls along the residential property lines will remain.
Reduced Parking: The project is applying the SDBL reduced parking standard which requires a minimum of 58 parking spaces (1.5 parking spaces for three-bedroom units, 2.5 parking spaces for four-bedroom units). The SDBL does not differentiate between assigned and unassigned parking. The project includes 63 total parking spaces, 60 assigned spaces (two garage spaces per unit) and 3 unassigned/uncovered surface parking spaces. The project exceeds the SDBL parking standards by 5 spaces.
The proposed plan also notes that 5 additional unassigned parking spaces will be located in front of 5 garages, parallel to the garage doors. Although the spaces meet the required dimensions of 8.5 feet by 18 feet, the City does not recognize these spaces as parking spaces because there is no space in front of and behind the spaces to safely maneuver vehicles into and out of them. In addition, the spaces would not function as unassigned spaces because they would block access to garages.
Split Zoning
The project site consists of two parcels with a base zoning district of R-3 and different Combining District overlays (MU and PD). The two parcels will be merged into one common lot. This is considered to be “split zoning” because the resulting common lot will contain two combining districts. SMC 19.16.025 states that split zoning is permitted and that the relevant zoning district requirements apply to each area. The base zoning designation of R-3 is the same and allows the proposed project and density. Therefore, the split zoning will continue to exist and will not impact the entitlement. Other sites within the City exist with split zoning, primarily within the Moffett Park Specific Plan.
Traffic
The City Council has approved the Wolfe Road Corridor Traffic Study in 2016 to identify improvements along South Wolfe Road including extending the Wolfe Road bike lane to the Fremont Avenue intersection. The project would widen South Wolfe Road to maintain the existing Class II bike lane, improve the VTA bus turnout consistent with VTA standards (see Attachment 4, EP-24 and EP-29), and provide sidewalk improvements along the project frontage including new lighting and street trees. The proposed project density does not warrant a Vehicles Miles Traveled (VMT) analysis or Local Transportation Analysis (LTA). The project is also expected to generate fewer trips than the previous Wendy’s restaurant.
Transportation Demand Management
The project is subject to the City’s multifamily residential TDM requirements, with a minimum of three points required from the adopted TDM strategies list. The project meets the three required TDM points through its proximity to a major transit route and commercial uses nearby (see Attachment 10 for the TDM Plan).
Landscaping and Tree Preservation
The SMC requires a minimum of 20% total landscaping and 425 square feet of usable open space per unit. The project exceeds both by proposing 24.9% overall landscaping and 436 square feet of usable open space per unit. Roof decks are also included on each unit.
An Arborist Report was prepared for the proposed project which identified all 28 existing trees on site to be removed due to conflicts with the location of the homes, buildings, infrastructure and improvements. Fourteen are considered protected trees under the SMC with trunks that are at least 38 inches in circumference measured 4.5 feet from grade per SMC Section 19.94.030, primarily consisting of Redwood trees, and most of them located along the project perimeter.
The City Arborist and Planning Division staff walked the project area with the applicant and found that site constraints limit the ability for the applicant to develop the site with the intended density while maintaining existing trees. Minimal setbacks are proposed along the site perimeter, making it difficult to save trees while installing infrastructure and buildings.
While limited discretion applies to tree removals, staff has worked with the applicant to comply with the required tree replacement standards by providing 28 new 24-inch box replacement trees on-site and five new 24-inch box street trees along South Wolfe Road. Several of the proposed onsite trees are located along the western property line adjacent to the existing homes to help reduce privacy and visual impacts on neighboring properties. Additional trees are proposed within the common open space area between Buildings 2 and 3 to enhance the appearance and character of the outdoor space. The project also proposes new trees between the VTA bus stop and the nearby homes to provide screening of the bus stop.
Green Building 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.
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 project voluntarily complies with the City’s Reach Codes through all-electric construction with no natural gas connection.
Solid Waste and Recycling Access
The project includes single-family recycling and garbage service, with individual carts to be stored in garages, and staged on-site during trash collection along the private streets. The applicant has worked with Environmental Services and Public Works Department staff to determine that the internal circulation satisfies the requirements for solid waste and recycling collection vehicles. See Waiver #9, for more information on the project exceeding the maximum allowed cart staging distance from homes.
Vesting Tentative Map
The Vesting Tentative Map calls for creation of one lot and 30 condominium units. 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.
Easements
The development includes several easements to facilitate ingress/egress, utilities, and emergency vehicle access. The project will vacate several existing private easements, including two 50-foot public utilities/ingress-egress easements, a 50-foot pipeline easement, a 50-foot utility easement, and a 26-foot private ingress-egress easement. New easements will include a 3-foot sidewalk easement and a 2.5-foot street tree easement along South Wolfe Road; two 22- to 33-foot-wide emergency vehicle access easements over the private streets; and public utility and private easements for storm drain, sanitary sewer, water, and fire service.
Fiscal Impact
No fiscal impacts other than normal fees and taxes are expected. The project will be subject to impact fees, including the Park In-Lieu Fee and Transportation Impact Fee as noted in the Conditions of Approval.
Public Contact
Neighborhood Outreach Meeting
The applicant hosted a neighborhood outreach meeting at the Wild Palms Hotel located across from the project site on January 29, 2026, with approximately 10 members of the public in attendance. At that time, the project was slightly different and included one live-work unit, which would have partially met the commercial requirement of the MU combining district:
Former Site Plan (from Outreach):
Attendees asked questions regarding site access, traffic, street parking, pedestrian crossings, bike lanes, public notice, and the proposed live-work unit. The primary concerns raised related to traffic and parking. There were also questions about rezoning from commercial to residential in 2024 and whether adequate noticing and public outreach were conducted. The City confirmed that all neighboring properties were properly noticed in accordance with the City’s noticing requirements. The City also received several correspondences from neighboring residents expressing concerns about the project, which are included in Attachment 11.
Planning Commission Study Session
The Planning Commission reviewed the same site plan presented at the outreach meeting at a Study Session on February 9, 2026. The Planning Commission was generally supportive of the project design but raised questions regarding the underlying zoning and lot merger, the size and intended use of the live-work unit, ADA and van-accessible parking, guest parking, pedestrian circulation, potential collaboration with the neighboring gas station for additional parking, vehicle access in and out of the site, traffic, and location of staging area for solid waste and recycling carts. Public comments included concerns regarding the adequacy of unassigned parking, the proposed site density, and the rezoning of the site from commercial to residential use.
Following the Study Session, the applicant revised the proposed project to remove the live-work unit with the intent that removal would help to ease parking and traffic concerns associated with additional vehicles visiting the site. The unit previously noted as a live-work unit was converted to a dwelling unit. Three surface parking spaces previously reserved for the live-work units were then converted into three unassigned parking spaces for residents and guests. Following the study session, the bedroom and living room windows of Buildings 2 and 3 were repositioned to stagger the line of sight and minimize direct views between the buildings. The project density, building heights, general site layout and architectural design remain unchanged.
Additional information is provided in this report clarifying split zoning, solid waste and recycling staging, and parking. Staff was also able to confirm that proper public notification was conducted for the previous GPI, GPA and RZ applications. As part of the outreach and public hearings associated with those applications, the City received several comment letters and participation in meetings.
Public Noticing
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 City Hall reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
1,588 notices were sent to surrounding property owners and residents adjacent to the subject site within 1,000-foot radius, in addition to standard noticing practices, including advertisement in the Sunnyvale Sun Newspaper and on-site posting. In addition, the City sent a courtesy email to the interested parties list notifying residents of the hearing date. No additional letters or calls were received from the public at the time of drafting this report.
ALTERNATIVES
1. Adopt the Addendum to the Mitigated Declaration based on the CEQA Findings in Attachment 3and approve the Special Development Permit and Vesting Tentative Map based on the Findings in Attachment 3 and Conditions of Approval in Attachment 4.
2. Adopt the Addendum to the Mitigated Declaration based on the CEQA Findings in Attachment 3and approve the Special Development Permit and Vesting Tentative Map based on the Findings in Attachment 3 and Conditions of Approval in Attachment 4 with modifications.
3. Do not make the required Findings and direct staff where changes should be made.
STAFF RECOMMENDATION
Recommendation
Alternative 1. Adopt the Addendum to the Mitigated Declaration based on the CEQA Findings in Attachment 3and approve the Special Development Permit and Vesting Tentative Map based on the Findings in Attachment 3 and Conditions of Approval in Attachment 4.
JUSTIFICATION FOR RECOMMENDATION
The proposed project furthers the goals and objectives of the General Plan by providing townhouse ownership housing consistent with planned density. 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 ODS and implements frontage improvements consistent with the goals of the Wolfe Road Corridor Traffic Study. The required right-of-way improvements along South Wolfe Road, including a wider sidewalk, ADA-compliant driveway approaches, new streetlights, landscaping, street trees, an improved VTA bus stop and bus turnout, and wider road to accommodate future bike lane, will enhance the neighborhood. No new significant environmental impacts would occur with implementation of the project and all approved mitigation measures in the Mitigated Negative Declaration would be implemented.
While concerns continue to exist regarding density, privacy and visual impacts, parking, and traffic, the proposed project is consistent with the General Plan designation of Medium Density Residential, complies with most objective development and design standards, and applies relevant State housing laws to increase density and reduce development standards (i.e. waivers and reduced parking). To the extent possible, adjustments to the project were made to help reduce impacts.
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
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
___ General policy and legislative actions
* "Competitively bid" means a contract that must be awarded to the lowest responsive and responsible bidder.
Staff
Prepared by: Mary Jeyaprakash, Senior Planner
Reviewed by: Noren Caliva-Lepe, Principal Planner
Approved by: Shaunn Mendrin, Planning Officer
ATTACHMENTS
1. Vicinity and Noticing Map
2. Project Data Table
3. Recommended Findings
4. Recommended Conditions of Approval
5. Site and Architectural Plans
6. Link to Initial Study - Mitigated Negative Declaration
7. Addendum to Initial Study - Mitigated Negative Declaration
8. State Density Bonus Law Request Letter from Applicant
9. Special Development Permit Justification from Applicant
10. Transportation Demand Management Plan
11. Public Comments from Neighbors