REPORT TO COUNCIL
SUBJECT
Title
Approve Fifth Amendment to the Fair Oaks Business Park Covenants, Conditions and Restrictions to Allow Residential Development at 1023 Fair Oaks Avenue
Report
BACKGROUND
The Fair Oaks Business Park was created in 1975 by Kollreal Estate to establish an industrial zone in the north part of the City. The Covenants, Conditions and Restrictions (CC&Rs) of the Business Park specifically restrict residential development. The City has owned a 5.45 acre parcel (Seven Seas Park) since 1991, which is part of the Business Park. As a partner in the Business Park the City must ratify any changes to the CC&Rs.
The City received a request from Raintree Fair Oaks LLC, a Delaware limited liability company (Raintree), requesting on behalf of Robert Nino and Nancy Bushnell, Trustees of the Bushnell Living Trust (Nino's), that the City sign a Fifth Amendment to the CC&Rs for Fair Oaks Business Park (Attachment 1). The Fifth Amendment would allow residential development on the Nino's property located on the northwest corner of Weddell Drive and Fair Oaks Avenue (Assessor's Parcel Number No. 110-14-169). A boundary map with the location of the area to be amended is attached as Attachment 2. The Nino's intend to construct a multifamily townhouse project on its lot within Fair Oaks Business Park.
City Council authorized the City Manager to approve previous amendments in 2004, 2007, then again in 2014 (RTC No. 04-166, RTC No. 07-285 and RTC No. 14-0563 respectively) removing parcels from the Business Park for residential development and the City's parcel for development of Seven Seas Park.
EXISTING POLICY
General Plan Chapter 5 Housing, Policy HE-1.1
Encourage Diversity in the Type, Size, Price and Tenure of Residential Development in Sunnyvale, Including Single-Family Homes, Townhomes, Apartments, Mixed-Use Housing, Transit-Oriented Development and Live-Work Housing.
ENVIRONMENTAL REVIEW
The execution of the amendment to the Fair Oaks Business Pa...
Click here for full text