Legislative Public Meetings

File #: 14-0650   
Type: Report to Council Status: Passed
Meeting Body: City Council
On agenda: 7/29/2014
Title: File #: 2013-8029 Location: 523 E. Homestead Road (APNs: 309-44-003, 309-44-049, 309-44-050) Proposed Project: Appeals by two Councilmembers of a decision of the Planning Commission to deny a: SPECIAL DEVELOPMENT PERMIT: to allow 7 single-family homes, and VESTING TENTATIVE MAP: to create 7 ownership lots. Applicant / Owner: S&S Construction, LLC/Louis Mariani Trustee Environmental Review: Mitigated Negative Declaration
Attachments: 1. Appeal Letter from Mayor Griffith, June 13, 2014, 2. Appeal Letter from Councilmember Whittum, June 13, 2014, 3. Vicinity and Mailing Radius Map, 4. Project Data Table, 5. Findings for Approval and General Plan Goals and Policies, 6. Recommended Conditions of Approval, 7. Mitigated Negative Declaration, 8. Project Plans dated April 25, 2014, 9. Project Colors and Materials Boards, 10. Letters from Interested Parties, 11. Alternate Site Plan and Elevations, 12. Planning Commission Minutes, May 28, 2014, 13. Planning Commission Minutes, June 9, 2014
REPORT TO COUNCIL

SUBJECT
Title
File #: 2013-8029
Location: 523 E. Homestead Road (APNs: 309-44-003, 309-44-049, 309-44-050)
Proposed Project: Appeals by two Councilmembers of a decision of the Planning Commission to deny a:
SPECIAL DEVELOPMENT PERMIT: to allow 7 single-family homes, and
VESTING TENTATIVE MAP: to create 7 ownership lots.
Applicant / Owner: S&S Construction, LLC/Louis Mariani Trustee
Environmental Review: Mitigated Negative Declaration

Project Planner: Noren Caliva-Lepe, (408) 730-7659, ncaliva-lepe@sunnyvale.ca.gov

Report
REPORT IN BRIEF

General Plan: Residential Low Medium Density
Zoning: R-2/PD (Low-Medium Density Residential/Planned Development)
Existing Site Conditions: Five residential units, consisting of one single-family home and two duplexes
Surrounding Land Uses:
North: Single-Family Residential
South: Multi-Family Residential within the City of Cupertino (across Homestead Rd.)
East: Single-Family Residential
West: Duplexes
Issues: Density, Architecture
Planning Commission Decision: Adopted the Mitigated Negative Declaration and Denied the Special Development Permit and Vesting Tentative Map
Staff Recommendation: Approve the appeal and Adopt the Mitigated Negative Declaration and Approve the Special Development Permit and Vesting Tentative Map
A Vicinity and Noticing Map for this project is Attachment 1. The Project Data Table is Attachment 2.

Appeal Requests: Two appeal requests were submitted by Mayor Jim Griffith and Councilmember Dave Whittum on June 13, 2014.

Mayor Griffith's appeal letter noted concerns regarding the Planning Commission's application of General Plan goals and policies to the project, such as the BMR requirements and minimum density General Plan Policy HE-4.3 (see letter in Attachment 1).

Councilmember Dave Whittum's appeal letter also expressed concerns regarding Planning Commission's application of the General Plan and due process (see letter in Attachment 2).

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