While the Sunnyvale City Council found a lot to like about a proposed housing project in east Sunnyvale, state law stymied any inclination it might have had to deny it.
During its last meeting on March 24, the council moved the project forward. A group of residents near the proposed development, set to be located at 510 and 920 De Guigne Drive, appealed the planning commission’s decision to approve the project.
“The city has very little discretion when the state density bonus law comes into play,” said Trudi Ryan, the city’s community development director. “The courts have interpreted a lot of the provisions very broadly that essentially applicants are afforded the opportunity to build the project they designed for the site.”
The 381,000 sq. ft. development sits on 20.5 acres of land and was previously used for industrial use. However, in recent years, the area around the site, zoned medium-density residential, has been converted into townhomes.
To build the 151 detached single-family homes, 41 accessory dwelling units (ADUs) and 178 three-story townhomes, the developer, Tidewater Capital, will demolish the industrial buildings.
The neighbors appealing the project cited parking and traffic concerns as well as challenging the waivers.
Fanny Guo, one of the appellants, said the traffic near the proposed development is already terrible and will only worsen with construction. She said motorists frequently stop abruptly, barely missing pedestrians.
“This is why traffic safety here is not theoretical. It is already an issue with the current situation where we’re currently living,” she said. “Today, we are seeing frequent speeding, limited traffic calming measures, and constrained visibility in certain areas. Adding hundreds of vehicles, especially around driveways, will intensify the risk.”
However, Ryan said city data actually shows the development would produce less traffic than if the site’s existing use were fully used under its current use.
Using vehicle miles traveled (VMT) doesn’t reflect real safety risk, Guo said, instead creating a misleading baseline. She called the city’s position “reactive,” addressing safety concerns only after problems occur.
If found to violate state law, the city could face a slew of penalties, including a $10,000-to $50,000-a-month fine, $ 10,000-per-unit fines for bad faith, attorney’s fees and having its housing element decertified, resulting in mandatory project approval.
Ryan called the penalties “petty onerous.”
Since the developer has evidence to substantiate the waivers requested, City Attorney Rebecca Moon said the city is likely to face penalties should the council deny the project
“I’m certain it would result in a lawsuit from the developer, and we would really have no defense,” she said.
Several council members bemoaned that the development didn’t include as many trees or benches that the city would normally require.
Kyle Winkler, development director at Tidewater Capital, said his company was open to exploring ways to include more trees and benches. He emphasized the multi-use path that connects the development to Swegles Park.
While Winkler acknowledged “lots of competing interests,” he said the company is proud of what it has offered, calling it a “transformative opportunity to address the housing crisis.”
Louis Mirante, with the Bay Area Council, called the housing crisis the “single greatest threat to economic competitiveness.” He said the development will revitalize the area, adding that it’s “not just good housing policy, it’s good land-use policy.”
“When workers, when anyone, can’t afford to live near their jobs, the places they go, their families, everyone struggles to hire, retain talent,” he said. “Commutes lengthen, and our roads and transit systems bear the cost.”
While several council members acknowledged the development is imperfect, they all supported it.
Vice Mayor Richard Mehlinger said the consequences of denying the development would be “apocalyptic.”
“I will not subject this city to that,” he said.
All-inclusive Playground Centerpiece of Park Renovation
The 11-acre, space-themed Lakewood Park will get a major overhaul with the help of a $1.5 million grant.
Nate Scribner, assistant city engineer, said the renovation will replace the athletic field and dog park, renovate the concession shack, bathroom and playground, add landscaping, and rehab benches and tables.
The city secured the grant by making the playground all-inclusive, adhering to Americans with Disabilities Act (ADA) requirements. In addition to the playground, the $13.6 million project, awarded to Suarez & Munoz Construction, included two alternate bid items for cricket batting cages and picnic area improvements.
The playground will open at the end of July while the rest of the project is underway. The city estimates the project will take 13 months total.
The item passed unanimously.
Sunnyvale City Council Consent Calendar Spending
The council approved the following spending in one motion via the consent calendar:
- A $454,150 agreement with Otis Elevator Company for the repair and modernization of the Sunnyvale Department of Public Safety (DPS) headquarters elevator.
- A $500,000 increase to an agreement with Spencon Construction for on-call concrete repair. The contract total is now $750,000.
- A $4 million contract with Synagro-WWT, Inc. for biosolid disposal and digester cleaning.
- A $450,000 increase to a purchase agreement with Amazon Capital Services, Inc. for miscellaneous purchases, Increasing. The total contract is now $700,000.
The council meets again at 7 p.m. Tuesday, April 7 in the Council Chambers at City Hall, 456 W. Olive Ave. in Sunnyvale.
To submit public comments ahead of the meeting, visit http://Sunnyvale.ca.gov/PublicComments; Meeting online link: https://sunnyvale-ca-gov.zoom.us/j/96111580540; meeting call-in telephone number: 833-548-0276, meeting ID: 961 1158 0540
Contact David Alexander at d.todd.alexander@gmail.com
Previous Sunnyvale City Council Meetings:
Sunnyvale Behind on Housing Allocations
Sunnyvale Approves its Own Shuttle Program
Sunnyvale Establishes Stances on State Laws
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