PLANNING COMMISSION MINUTES OF 11-24-03

2003-0856  - City of Sunnyvale - Consideration of modifications to Chapter 19.98 of the Sunnyvale Municipal Code related to signature requirements on land use applications. (Also to City Council on 12/16/03)

Trudi Ryan, Planning Officer, presented the staff report noting that the amendment would apply city-wide and allow acceptance and processing of permits, under certain circumstances, without the signatures of all affected property owners.  She summarized the proposed amendments for the city that - 1) the applicant has ownership or concurrence from owners of more than 50% of the property involved; 2) the applicant notifies by registered mail the other property owners of the intent to file such application at least ten days prior to filing, and 3) any approvals granted in such situation shall not be exercised until the applicant obtains in writing concurrence of all owners of land to which the approvals are applicable.

Chair Babcock opened the public hearing.

David Daniels, Jeffer, Mangels, Butler & Marmaro LLP, representing Harvest SV/PEN, Ltd., one of the property owners at Town Center Mall, expressed concerns with the proposed amendments on the following issues: 1) the notice failed to provide sufficient information to allow participation in the redevelopment process, 2) the proposed amendment violates the Community Redevelopment Law and CEQA; 3) it is unconstitutional and 4) violates the participation requirements of the redevelopment law and COREA. He asked the Commission to continue the item or deny the amendment to afford his client the opportunity to meaningfully participate in the redevelopment process as required by the Redevelopment Law, CEQA and COREA.

Comm. Lee asked Mr. Daniels when SV/PEN purchased the property. Mr. Daniels responded that it was purchased in April 23, 2003. 

Further, Comm. Lee asked whether the property is currently vacant and is it for sale.  Mr. Daniels responded currently it is vacant.  Comm. Lee then commented that delaying the action would result in losing more money since there is no revenue being generated from the property.  Mr. Daniels responded that his client is finalizing leases for the property with significant revenue potential.

Comm. Simons asked Mr. Daniels whether they have any plans to develop the property other than the leasing option that would influence or support the recently approved general plans for the downtown. Mr. Daniels deferred the question to Mr. Ruble, managing member of SV/PEN, Ltd.

Mr. Ruble responded that the property is a leasable commodity and that they are currently in negotiation with prospective lessors.  He mentioned that he met with staff to discuss the potential development plans and application procedures. He emphasized that they have interested parties willing to lease the property.

Chair Babcock closed the public hearing.

Comm. Chu asked staff whether an application has been received from Harvest SV/PEN to develop the property.  Ms. Ryan responded no formal application has been submitted, however, staff met with them to discuss potential development plans.

Comm. Swegles made a motion on Item #2003-0856   to recommend to City Council approval of the proposed amendment to SMC Section 19.98.020 related to signature requirement on land use applications.  Chair Babcock seconded.

There were no further comments from the maker.

Chair Babcock commented that the action is allowing an application to go forward while all interested parties are in discussion.  She added that the amendments clearly specify that any approval shall not be exercised until the applicant obtains all owners approval.

Comm. Moylan did not support the motion for the following reasons: 1) all land use applications going forward failing to obtain approvals from all owners could be null and void, therefore efforts would be a waste of time; 2) one should obtain permission from all property owners prior submitting a development application and 3) it violates the city's code of ethics.  He pointed out that public officials must be impartial and fair. 

Comm. Chu offered a friendly amendment to change the concurrence to 60% of ownership.  Accepted by the maker and the second.

FINAL MOTION:

Comm. Swegles made a motion on Item #2003-0856   to recommend to City Council approval of the proposed amendment to SMC Section 19.98.020 related to signature requirement to land use applications with modification to change the concurrence to 60% of ownership.  Chair Babcock seconded.

Motion carried 6-1 with Comms. Moylan dissenting.

Ms. Ryan noted that the item will be considered by City Council on 12/2/03. (Note:  This date was incorrectly stated it should have been stated as 12/16/03).