From: herb
To: Council, City; Clerk, City
Subject: October 20, 2025, City Council Meeting, Item #3: 70 Encina Avenue [25PLN-00034] Date: Sunday, October 19, 2025 5:21:17 PM
CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.
OCTOBER 20, 2025 CITY COUNCIL MEETING
AGENDA ITEM #3: 70 ENCINA AVENUE [25PLN-00034]
October 19, 2025
The staff report for this agenda item differs from the staff report for the September 29, 2025 meeting only by appearing in the meeting's agenda packet with the current meeting's date and apparently after being properly noticed, but otherwise the staff report is the same as the one for the September 29, 2025 meeting on this agenda item's project.
The Planning & Transportation Commission has not yet received or approved the Action Minutes for its August 27, 2025 meeting although sense minutes have been posted on the City's website as a convenience for the City Council and public.
The failure to have the Commision minutes before you and the public means you need to continue this project's agenda item again.
None my other comments about the staff report and Record of Land Use Action have been responded to in the current staff report.
The staff report states that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Regulation 15183, "Consistency with the Comprehensive Plan", but that regulation enables anyone to challenge in court any project-specific significant impacts of the project.
The Santa Clara County Clerk-Recorder website indicates that a Notice of Decision (NOD) for the project was posted on May 12, 2025 that replaced the NOD posted on April 18, 2025.
If the public has 180 days from the May 12 NOP posting to challenge the project approval in court, there is still time for that to occur.
If Ellis Partners, the primary opponent of the project, has reached an agreement with the project applicant that depends on your approval of this agenda item, they are just going to have to wait to see if anyone else files a CEQA lawsuit.
If Ellist Partners is still opposed to the project, then they still have time to sue.
Thank you for your consideration of these comments.
Herb Borock