REPORT TO PLANNING COMMISSION
SUBJECT
Title
Proposed Project:
SPECIAL DEVELOPMENT PERMIT: Demolish two existing used auto sales buildings and construct a mixed-use project:
1) A six-story senior housing building including approximately 12,232 square feet of commercial floor area, 113 independent living units, and 36 assisted living accommodations; and,
2) A three-story convalescent hospital building with 72,000 square feet of floor area and a 52-bed capacity.
Location: 1027-1035 West El Camino Real (APN: 161-41-009)
File #: PLNG-2023-0234
Zoning: ECR-MU42 (El Camino Real Mixed Use)
Applicant / Owner: PMB LLC (applicant) / Nicholas Gera (owner)
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: Two one-story office/leasing buildings, surface parking, and auto repair/maintenance areas.
Surrounding Land Uses
North: Multi/single-family residential across Olive Avenue.
South: Commercial and auto sales uses across El Camino Real.
East: Commercial and multifamily residential uses.
West: Mixed-use multifamily residential and office development.
Issues: Special Development Permit deviation; parking adjustment
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 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 2.42 acres in size and is currently developed with an automobile dealership use, comprised of two one-story office/leasing buildings, surface parking, and automobile repair/maintenance areas. The proposed project consists of demolishing all existing buildings on site (totaling 3,060 square feet) and constructing a two-building, mixed-use development consisting of 1) a six-story senior housing building including 12,232 square feet of commercial floor area, 113 independent living units, and 36 assisted living accommodations; and, 2) a three-story, 72,000 square foot, convalescent hospital building with a 52-bed capacity. The convalescent hospital does not contribute to the minimum commercial requirement for the site; however, it is considered an allowable ancillary use. Off-street parking for each building would be below ground.
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-MU42) zoning district, which allows for residential mixed-use development with a base maximum density of 42 dwelling units per acre (du/ac). The zoning also requires ground floor commercial uses, including 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. An 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 a deviation from the minimum required ground floor commercial area. A minimum of 20,000 square feet is required and 12,232 square feet is proposed.
The applicant is also requesting a parking adjustment for the minimum number of off-street vehicle parking spaces for the commercial component of the senior living building. A minimum of 59 spaces are required and 49 are proposed.
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 application is also subject to the provisions outlined in SMC Chapter 19.77 (Inclusionary Below Market Rate Rental Housing), which requires a minimum of 15 percent of the rental units provided on site to be developed as below market rate units. The minimum requirement for this development proposal is 17 units (113 total independent living units proposed x 15% = 16.95, rounded up). The applicant has prepared a preliminary Affordable Housing Compliance Plan, which identifies that the 17 required units will be provided within the project.
Previous Actions on the Site
The site was developed as a used auto sales/service use in 1971 and the site plan configuration has remained largely unchanged since then. Staff-level planning permits have been issued over the years for signage, lighting, and minor architectural modifications.
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. The applicant submitted a preliminary review application in July 2021, which was before the 2022 ECRSP update was adopted. At the time of the preliminary review application, City staff directed the applicant to closely follow the preparation of the ECRSP, as applicable development standards and design guidelines were not in effect until 2022. Upon adoption of the latest ECRSP update in 2022, the site was rezoned from C-2 (Highway Business) to ECR-MU42 (El Camino Real - Mixed Use), where both residential mixed-use and commercial are permitted development types and land uses.
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 and reporting 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 6) 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 ECRSP 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 subject site at 1027-1035 West El Camino Real is a 2.42-acre parcel. The site is bounded by El Camino Real to the south, Olive Avenue to the north, commercial and multifamily residential uses to the east, and a mixed-use multifamily residential and office development. 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.
The site is currently developed with an auto dealer use, comprised of two single-story commercial buildings (totaling 3,060 square feet in area) and associated accessory storage structures. The southern portion of the site, which has approximately 257 feet of frontage along the El Camino Real, is used as a surface parking lot, with food trucks that currently operate on site and are open to the public. Two auto sales buildings line the back of the surface parking lot. Behind the buildings is a paved rear yard area, currently used for auto repair and storage, which is screened by a concrete masonry unit (CMU) wall. The rear yard area to the north has approximately 380 feet of frontage on Olive Avenue. The Olive Avenue frontage is marked by a sidewalk and landscaping area, with no visibility of the site past the CMU wall.
El Camino Real is considered a high-quality transit corridor, as it has bus service with service intervals no longer than 15 minutes during peak hours. The Santa Clara Valley Transportation Authority (VTA) line 22 and rapid line 522 traverses El Camino Real throughout the City of Sunnyvale. There are two bus stops in the vicinity of the subject site at the northwest corner of El Camino Real and Mary Avenue and the southeast corner of El Camino Real and Grape Avenue.
Site Layout
The proposal consists of a six-story mixed-use senior living building on the western half of the lot and a three-story convalescent hospital on the eastern half. The buildings run north-south lengthwise and the main building entrances are from a central driveway that leads from El Camino Real to a central roundabout area.
The proposed senior living building is six stories tall (75’ total height). The ground floor provides a total of 12,232 square feet of commercial floor area, intended to serve as retail and athletic facility spaces, as well as 21,906 square feet of floor area for the senior living residential amenities (lobby, dining, and other amenity spaces). On the second floor are 36 assisted living units, and on the third through sixth floors are 113 senior age-restricted independent living rental units. The proposed building also contains a 172-space, below-ground parking structure (three basement levels).
The proposed unit type mix is as follows: the assisted living component on the second floor has 32 studio or one-bedroom units and four (4) two-bedroom units; the independent living component on the third through sixth floors has 73 one-bedroom units and 40 two-bedroom units. Every unit has access to individual lockable storage space in accordance with Sunnyvale Municipal Code (SMC) requirements.
In addition to the amenities stated above, the senior living building would have open space amenities for residents on the first, second, third, and sixth floors. Pedestrian realm frontage space is provided along El Camino Real, and the Olive Avenue frontage is wrapped by outdoor dining space in conjunction with dining/kitchen services for residents. Most units also have private balconies.
The proposed convalescent hospital building is three stories tall (57’) with 63,021 square feet of floor area and 52 beds. The proposed building is comprised of therapy, dietary services, and administrative space on the first floor, brain injury and stroke units on the second floor, and a rehabilitation unit on the third floor. The second floor also has an outdoor patio and green roof area along the Olive Avenue frontage. The El Camino Real street frontage is wrapped with a therapy activity courtyard that is recessed four feet below the sidewalk level. The courtyard is intended to serve patients during their stay at the convalescent hospital. Parking for the hospital is provided in one below-grade garage level.
Circulation
Vehicular circulation/access is provided from El Camino Real via a north-south driveway, which leads to a one-way roundabout in between the two proposed buildings and provides direct access to each building’s below-grade parking. There is also a resident and patient drop-off area in front of each building on the internal drive aisle. Olive Avenue site access is only for emergency vehicles (controlled by retractable bollards), service trucks for loading/unloading, solid waste/recycling trucks, and bus shuttle parking for the senior living building.
Pedestrian circulation is provided by walkways from the public sidewalks on El Camino Real and Olive Avenue to internal pedestrian facilities. Pedestrian circulation is designed to have pedestrians walk along the center drive aisle to multiple building entrances for the senior living and convalescent hospital uses.
Architecture
On the proposed senior living building, architectural materials along the street-facing elevations include stone base veneer cladding, silver-gray stucco, and terra cotta red metal coating on the ground floor; and white cement plaster stucco and vertical terra cotta red fiber cement rainscreen panels that project from the building façade on the upper floors. Patio areas have glass railings and dark gray metal mullions, railings, and canopies. The building façades are broken up through differing projections for windows, patios, and other architectural elements.
The proposed convalescent hospital is marked by white stucco for most of the building. There is also gray stucco on the stairwell tower element along El Camino Real that spans all three stories. Additionally, there are rainscreen metal panel frame components that project out from the façade. A metal panel canopy demarcates the first and second floors for parts of the building.
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 applicable residential density requirement (“base maximum density”) is 42 dwelling units per acre, as prescribed by development standards in SMC Chapter 19.36 (El Camino Real Specific Plan).
In addition, the ECRSP Community Benefits and Incentives Program allows property owners to develop their properties beyond the base maximum density 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 the incentive(s) that best suit their business plans and economic goals. The community benefit incorporated into the project design is the provision of at least 85% of the auto parking supply below-grade, which awards the project a density bonus of six additional dwelling units per acre and brings the total allowable residential density to 48 units per acre.
The proposed density is 47 dwelling units per acre, which complies with the density provisions in the SMC and the ECRSP Community Benefits and Incentives Program.
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 this staff report, 116 residential units have been approved under the updated ECRSP development capacity. Approval of this project would result in a balance of 6,671 units. Therefore, the project is within the allowable ECRSP residential capacity evaluated in the EIR.
Development Standards
The applicant is requesting a deviation from the minimum required ground floor commercial area. A minimum of 20,000 square feet is required and 12,232 square feet is proposed. Staff supports the deviation request because the proposal includes redeveloping an existing used auto sales business that has 3,060 square feet of floor area, resulting in a net gain of commercial floor area and providing amenities and services that are intended to serve the residents that would live in the senior living building.
The applicant is also requesting a parking adjustment for minimum required commercial parking spaces within the senior living building, which is discussed in the Parking section of this report.
Aside from the requested deviation and parking adjustment, the project complies with applicable zoning standards including, but not limited to, open space, landscaping, building height, and individual lockable storage. The Project Data Table in Attachment 2 summarizes the project’s compliance with development standards.
Traffic
The project is oriented towards the El Camino Real public right-of-way, provides enhanced multimodal transportation access, and would install sidewalk improvements along its project frontage, including street trees and pedestrian-scaled lighting in accordance with ECRSP requirements.
Per Council Policy 1.2.8, Vehicles Miles Traveled (VMT) is used to identify potential transportation impacts of a proposed land use project. The proposed project is not exempted from VMT analysis for residential land use. However, the project is in an area where the average VMT per capita is 15 percent below the Countywide VMT Baseline Average. Therefore, the residential component of the project will not trigger any transportation-related impacts per CEQA and a VMT analysis is not required. A VMT analysis is also exempted for the retail land use per Council Policy 1.2.8 2, Exemption B, because the proposed floor area of 12,232 square feet is less than the 100,000 square foot threshold and the land use is considered neighborhood-serving retail. For the convalescent hospital, VMT analysis is exempted for this land use per Council Policy 1.2.8.2, Exemption F as a transit-supportive project with improved multimodal access.
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 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 meets the 10 required TDM points through its proximity to a major transit route and commercial uses, bicycle/pedestrian/transit access improvements, wayfinding station, TDM communication strategies, and transit pass program.
Parking
The applicant requests a parking adjustment for the minimum required number of off-street automobile spaces: a total of 260 spaces are required, and 250 spaces are proposed. The parking count breakdown is as follows:
• For the senior living building, a minimum of 182 parking spaces are required, and 172 spaces are proposed:
o The residential requirement is a minimum of 123 spaces (113 for the independent living units and 10 for the assisted living units), and 123 spaces are provided.
o The ground floor commercial requirement is 59 spaces, and 49 spaces are provided.
• For the convalescent hospital, a minimum of 78 spaces are required and 78 spaces are proposed (three at grade next to the hospital building and 75 below grade).
Regarding the parking adjustment request, staff finds that the proposed retail and fitness center on the ground floor of the senior living building are commercial in nature and intended to work in conjunction with and serve the residents, patients, and employees onsite. The proposed retail and fitness center uses are expected to draw many of their patrons from the independent and assisted living units as well as from the convalescent hospital, which contributes to a reduced parking demand. Additionally, the applicant is proposing a shuttle or bus service for residents of the senior living community, which would further decrease the parking demand.
The applicant also proposes 59 spaces with electric vehicle (EV) charging stations and 101 EV-ready spaces.
Additionally, the proposed project meets the minimum required bicycle parking spaces by providing 87 Class I (long-term) spaces and 12 Class II (short-term) spaces.
Useable Open Space
The ECRSP requires a minimum of 150 square feet of useable open space for each residential unit, or 16,950 square feet total for the project. Balconies with a minimum of six feet in any dimension and a total of 50 square feet qualify towards the useable open space requirement. The project exceeds the minimum requirement, as the senior living building provides 18,994 square feet of useable open space, which is comprised of multiple open space elements on the ground floor (entry court and outdoor dining space), a second-floor internal courtyard, third and sixth floor amenity spaces along the Olive Avenue frontage, and private balconies for both the independent and assisted living units. There is also a therapy activity and amenity courtyard space in front of the convalescent hospital along the El Camino Real frontage, which is recessed four feet below grade and would be for patient use only.
Landscaping
The proposed plans show 20.7% of the project site to be landscaped, or 21,899 square feet, which meets the ECRSP requirement of a minimum of 20% (21,083 square feet). Landscaping is provided along both ground floor street frontages; in amenity areas on the second, third, and sixth floors of the senior living building; and on the ground floor therapy courtyard and second floor amenity roof area of the convalescent hospital. Landscaping is comprised of groundcover, shrubs, decorative paving, native grasses, and trees. Pedestrian-scale lighting is provided throughout the project site.
Tree Preservation, Removal, and Replacement
An arborist report was prepared and evaluated a total of 39 existing trees, consisting of liquidambar street trees along the El Camino Real frontage, eucalyptus street trees along the Olive Avenue frontage, and various junipers and fan palms internal in the site near the existing buildings. The City Arborist, Planning Division, and Public Works Department staff walked the project area with the applicant to verify the proposed removals. No additional trees were identified for preservation as a result of the site visit. The resulting project includes the removal of 39 trees, of which 29 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 41 trees on site and 14 street trees. 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 senior living building would be required to achieve a minimum of 90 points on the GreenPoint Rated checklist. The convalescent hospital building is regulated by the California Department of Health Care Access and Information (HCAI), formerly OSHPD, and will not be subject to the City’s Green Building or Reach Code requirements.
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. Requirements of the GreenPoint Rated program may require compliance with an all-electric building.
The senior living building portion of the project is designed to be LEED-Gold certified and would have electric appliances (with no gas line connection). Also, as required by the Reach Codes, the senior living building includes a rooftop solar panel system. A minimum of 50% of the parking spaces shall be Level 1 EV Ready, 40% Level 2 EV Ready, and 10% Level 2 EV Charger installed.
Solid Waste and Recycling Access
Each of the upper floors in the senior living building has a trash collection room. Building staff would conduct door-to-door collection services, ensuring that materials from each unit are collected in separate containers, and would transfer waste, cardboard and paper/container recycling from the trash rooms and units on each floor to the main trash room on the ground floor via a service elevator. The trash staging area would be located along Olive Avenue and screened from public and neighbor view by a screening wall. Additionally, screening details for the staging area would be provided at the building permit stage with review by City staff.
For the convalescent hospital, there is a proposed solid waste enclosure along Olive Avenue, which would be an eight-foot-tall CMU wall enclosure with plaster finish and a metal roof cover at 10’-2” tall.
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 found that impacts of all noise activities generated by the proposed project and assessed at the nearest land uses would be less than significant and not require any additional mitigation measures beyond what was identified in the ECRSP EIR. However, project construction/demolition vibration levels at the nearest off-site structures could be potentially significant, but would be less than significant after implementation of construction vibration control measures required by the Sunnyvale Municipal Code and ECRSP EIR mitigation measures, which are incorporated as conditions of approval. The study also recommends sound-rated windows and exterior doors on the second through sixth stories of the senior living building 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 the 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 Meeting
The applicant hosted an online neighborhood outreach meeting on April 30, 2024, with 15 members of the public present. The attendees asked questions about photovoltaic (solar) energy services, guest parking, architectural details, pedestrian connections, affordability of the rental units, gym/fitness services, and LEED certification.
Planning Commission Study Session
The Planning Commission reviewed the project plans at a study session on June 10, 2024. The Planning Commission was generally supportive of the project design and consistency with the ECRSP goals. Two members of the public commented on building height, underground parking, and architectural details.
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 2,825 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. As of the date of this report, no comments were received.
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 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 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 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 for senior citizens, necessary inpatient rehab medical services, and a net gain of commercial area along the El Camino Real corridor. 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 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 opportunities for Sunnyvale residents to age in place. The applicant’s justifications for the requested deviation 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 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. CEQA Environmental Checklist