REPORT TO COUNCIL
SUBJECT
Title
Rescind Prior Action Approving a Special Development Permit to Allow a New Commercial Building (Grocery Store) at 777 Sunnyvale-Saratoga Road and Find that the Action to Rescind is Exempt from CEQA
Report
DISCUSSION
On September 13, 2016, the City Council heard an appeal of a decision by the Planning Commission to approve a Special Development Permit (SDP) allowing construction of an approximately 11,600 sq. ft. grocery retail building adjacent to the Orchard Supply Hardware building at 777 Sunnyvale-Saratoga Road (RTC No. 16-0271). In the letter of appeal, the appellant Michael Howland raised concerns about the environmental review and requested further studies related to traffic impacts, air quality, greenhouse gas emissions, and hazardous materials. The City Council affirmed the decision of the Planning Commission, denied the appeal, made the findings required by CEQA, adopted the Mitigated Negative Declaration, and approved the SDP subject to modified Conditions of Approval. (Attachment 1, Minutes.) Subsequently, Mr. Howland filed a CEQA action challenging the City's approval of the Project. (Howland v. City of Sunnyvale et al., Santa Clara County Superior Court Case No. 16-CV-301051).
The developer has reached an agreement with the plaintiff to settle the litigation and complete an EIR. The City Council approved the settlement agreement at a closed session on March 28, 2017. Pursuant to the agreement, the developer has requested that the City Council rescind its prior actions adopting the MND and approving the SDP (Attachment 2). If the City Council votes to rescind the approval, an Environmental Impact Report will be prepared, at the expense of the developer (applicant), and the Project will be brought back to the City Council at a later date. The settlement agreement does not require the City Council to rescind the prior approval; if the City Council does not do so, however, the litigation will not be settled and the c...
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