REPORT TO COUNCIL
SUBJECT
Title
Proposed Project: Consider actions related to implementation of the 2023-2031 Housing Element to amend the By-Right Approval process for certain parcels within the City:
A. Introduce an Ordinance to Amend By-Right Approval (Chapter 19.73 of the Sunnyvale Municipal Code) to clarify ministerial review of projects as it relates to proposed subdivisions.
File #: PLNG-2024-0105
Location: Citywide
Applicant: City of Sunnyvale
Environmental Review: Non-discretionary project (Public Resources Code Section 21080(b)(1), CEQA Guidelines Sections 15268, 15357)
Project Planner: Julia Klein, (408) 730-7463, jklein@sunnyvale.ca.gov
Report
SUMMARY OF COMMISSION ACTION
The Planning Commission considered this item on February 26, 2024. No members of the public spoke on the item or provided written comments before the meeting.
The Planning Commission voted in accordance with the staff recommendation to recommend approval of Alternative 1 to adopt the ordinance amending By-Right Approval (Chapter 19.73 of Sunnyvale Municipal Code) provisions to clarify ministerial review of projects as it relates to proposed subdivisions and find the action exempt from the California Environmental Quality Act (CEQAA). The vote was 7-0.
The Planning Commission provided the following clarifying comments/questions:
* Confirmed the proposed ordinance incorporates recommended language from HCD and that this is HCD's last requested change as it relates to the Housing Element. Staff submitted the original draft Urgency Ordinance to HCD on January 25, 2024; and a copy of the signed Urgency Ordinance was sent on January 31, 2024 (the day after the urgency ordinance was adopted). Formal comment on the ordinance was received from HCD on February 12.
* Inquired about repercussions for not adopting the amendment. Staff referenced the repercussions from the staff report for the January 22, 2024, Planning Commission meeting, clarified that the first two are no longer appl...
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