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File #: 18-0677   
Type: Report to Council Status: Passed
Meeting Body: City Council
On agenda: 9/11/2018
Title: File #: 2017-7379 Location: 311 South Mathilda Avenue (APN: 165-13-050) Proposed Project: Appeal by the Residents of Charles Street 300/400 Block of a decision by the Planning Commission to conditionally approve: SPECIAL DEVELOPMENT PERMIT to redevelop a commercial site (Denny's) into a five-story mixed-use building consisting of 4,860 square feet of restaurant floor area (Denny's) and 75 residential units (rental apartments) utilizing the State Density Bonus and City's Green Building Incentive for density bonus. VESTING TENTATIVE MAP to create 75 residential condominium units and 1 commercial condominium unit. Zoning: DSP15 - Downtown Specific Plan Block 15 Applicant / Owner: Lane Partners (applicant) / C B Development 5no Five Inc (owner) Environmental Review: Mitigated Negative Declaration Project Planner: Momoko Ishijima, (408) 730-7532, mishijima@sunnyvale.ca.gov
Attachments: 1. Noticing and Vicinity Map, 2. Project Data Table, 3. Recommended Findings, 4. Recommended Conditions of Approval, 5. Mitigated Negative Declaration, 6. Site and Architectural Plans, 7. Applicant Project Description, 8. Green Point Rated Checklist, 9. Transportation Demand Management Plan, 10. Letters from Neighbors, 11. Report to Planning Commission 18-0521, 6-25-18, 12. Excerpt of Minutes of Planning Cmsn 6-25-18, 13. Appeal letter, 14. Response to Appeal Letter from the Applicant, 15. Traffic Impact Analysis by Wood Rodgers
Related files: 18-0521
REPORT TO CITY COUNCIL

SUBJECT
Title
File #: 2017-7379
Location: 311 South Mathilda Avenue (APN: 165-13-050)
Proposed Project: Appeal by the Residents of Charles Street 300/400 Block of a decision by the Planning Commission to conditionally approve:
SPECIAL DEVELOPMENT PERMIT to redevelop a commercial site (Denny's) into a five-story mixed-use building consisting of 4,860 square feet of restaurant floor area (Denny's) and 75 residential units (rental apartments) utilizing the State Density Bonus and City's Green Building Incentive for density bonus.
VESTING TENTATIVE MAP to create 75 residential condominium units and 1 commercial condominium unit.
Zoning: DSP15 - Downtown Specific Plan Block 15
Applicant / Owner: Lane Partners (applicant) / C B Development 5no Five Inc (owner)
Environmental Review: Mitigated Negative Declaration
Project Planner: Momoko Ishijima, (408) 730-7532, mishijima@sunnyvale.ca.gov

Report
SUMMARY OF COMMISSION ACTION
This Special Development Permit and Vesting Tentative Map were considered by the Planning Commission on June 25, 2018. (see Attachment 11 for report). Minutes of the Planning Commission public hearing can be found in Attachment 12. The Planning Commission approved the project on a 6-0 vote (Howe absent) with the following amendments to the conditions of approval:

1. Clarify the process for a potential future conversion to condominiums (see discussion below);
2. Specify the process for converting BMR rental units to BMR ownership units and include the legally required percentage of BMR units in each instance; (Modified Condition of Approval BP-9);
3. Indicate that no artificial turf will be allowed (Added as Condition of Approval PS-3);

In addition, the Planning Commission recommended that staff work with the applicant on the following:
A. Review increasing the ceiling height of first floor, including the potential for an overall building height;
B. Ensure building signage does not conflict with tree locations;
C. Provide ...

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