REPORT TO COUNCIL
SUBJECT
Title
Motion to Rescind Actions Taken Regarding Amendments to the Downtown Specific Plan and the Land Use and Transportation Chapter of the General Plan and Other Actions Related to Block 20 of the Downtown Specific Plan
Report
BACKGROUND
On January 10, 2023 the City Council held a public hearing to consider related actions associated with Block 20 of the Downtown Specific Plan (DSP). A question was raised about the public noticing for the project and at the time it was felt that noticing met the minimum requirements. Upon further review it has been determined that proper noticing had not occurred and that a new set of Planning Commission and City Council public hearings should be scheduled and conducted with proper noticing to property owners in the vicinity of Block 20.
Staff recommends that the actions of January 10, 2023 be rescinded.
EXISTING POLICY
Title 19 (Zoning) of the Sunnyvale Municipal Code establishes procedures for notice for discretionary actions. Table 19.98.040 establishes that a public hearing on a legislative action (such as a zoning text amendment) is required to publish a notice of public hearings in the newspaper and that the notice shall be posted on the public notice bulletin board at City Hall. On site-specific applications, such as the consideration of land uses and development requirements for Block 20 of the Downtown Specific Plan the above noticing procedures are required, as well as mailed notice to the applicant and property owners of a site, owners within 300 feet of the site, and any interested parties that have requested notification. In addition, site specific notice shall include a posting of the site. There is an alternative method for large mailings if the number of owners to whom notice shall be mailed is greater than one thousand, notice may be provided by placing a display advertisement in at least one newspaper of general circulation in the City.
Government Code Section 65091 (Public noti...
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