Appeal of 1150-1170 Kifer Road Project
2022-7168
George Schroeder, Principal Planner
City Council, December 5, 2023
2City of Sunnyvale – 1150-1170 Kifer Road Appeal – December 2023 • Special Development Permit and Tentative Parcel Map
• Proposed Project:
Construct an eight-story, 225-unit apartment building • Includes 36 low-income and 8 very-low income units
Parking structure within the first three levels
• Existing offices would use two levels
Relocate existing lot line - one lot each for offices and apartments • Project is subject to Housing Accountability Act, SB 330, Density Bonus Project Overview
3City of Sunnyvale – 1150-1170 Kifer Road Appeal – December 2023 Site Context
Kifer
Rd
N
Sonora Ct
San Zeno Wy
Project Site
Savoy Apts
Recent LSAP
housing
approvals
4City of Sunnyvale – 1150-1170 Kifer Road Appeal – December 2023 Overall Site Plan
(E) offices to remain
(P) apartments
(P) LSAP gateway sign
(P) shared-use path
(P) Lot line
N
5City of Sunnyvale – 1150-1170 Kifer Road Appeal – December 2023 Enlarged Site Plan
Shared use path
Residential
garage
entry
Office garage entry Office trash encl.
N
6City of Sunnyvale – 1150-1170 Kifer Road Appeal – December 2023 San Zeno Way Rendering - Northeast
7City of Sunnyvale – 1150-1170 Kifer Road Appeal – December 2023 San Zeno Way Rendering - Southeast
8City of Sunnyvale – 1150-1170 Kifer Road Appeal – December 2023 Decision
Planning Commission – October 9, 2023
• Alternative 1:
Approve the Special Development Permit and Tentative Parcel Map Make CEQA findings that project is consistent with LSAP EIRs Accept staff’s revisions to recommended conditions of approval 9City of Sunnyvale – 1150-1170 Kifer Road Appeal – December 2023 • Laborers International Union of North America, Local Union No. 270 (LIUNA) filed appeal on October 17, 2023
• Bases of appeal:
City did not evaluate indoor air emissions of formaldehyde Presence of high levels of formaldehyde is new information • Subsequent EIR must be prepared
City must adopt an EIR statement of overriding considerations prior to approval
Appeal
10City of Sunnyvale – 1150-1170 Kifer Road Appeal – December 2023 • The City is allowed to accept the conclusions reached by its experts Disagreement amongst experts is not a reason to prepare EIR • The project would comply with current regulatory requirements to reduce public exposure to formaldehyde
• Appellant’s studies finding significant impacts are speculative • The project does not exacerbate existing adverse conditions • No additional environmental review warranted
Staff Response to the Appeal
11City of Sunnyvale – 1150-1170 Kifer Road Appeal – December 2023 Alternatives
Alternatives for the Appeal
1. Deny the appeal and affirm the Planning Commission’s decision to approve the CEQA determination and SDP/TPM
2. Deny the appeal and affirm the Planning Commission’s decision to approve the CEQA determination and SDP/TPM with modifications
3. Grant the appeal and deny the SDP/TPM
12City of Sunnyvale – 1150-1170 Kifer Road Appeal – December 2023 Staff Recommendation
Staff Recommendation for Appeal
• Alternative 1:
Deny the appeal and affirm the Planning Commission’s decision to approve the CEQA determination and SDP/TPM