Category Archives: Palo Alto Medical Foundation Lawsuit

PAMF EIR Lawsuit Hearing September 24, 2010 9:00am judge Elfing

City Manager Gary Luebers Returns the PAMF EIR, Really Does Not Need it

“How refreshing” is how Lead Agency Trudi Ryan responds when Deborah Gorman informs her that The City Manager, Gary Luebers, had just returned the Sunnyvale Palo Alto Medical Foundation Environmental Impact Report (PAMF  EIR) and stated that “he really does not need a copy.”
(Click image to enlarge)
Gary Luebers Returns the PAMF EIR

Gary Luebers Returns the PAMF EIR


On 1/9/09, Gorman writes Sunnyvale Planner Trudi Ryan, “I  just wanted to let you know that the City Manager, Gary, returned the PAMF EIR as he said that he really does not need a copy as he knows he can come to us if he needs to take a look at it. I told Kathy McGraw that we could continue to provide Gary with copies of the EIRs and he could return them to us if he does not want to keep a copy.”          Continue reading

FREE 28 Months of Thunderous Pile-Driver “Hammer-Rap” for the Neighbors, Courtesy of PAMF

Get ready to party to agitating, pile driver, hammering noise, and lots of it! The Palo Alto Medical Foundation (PAMF) did not seem to bat an eye at imposing 28 months of loud, 6 day work-week, intense construction noise to their neighbors despite numerous comments and complaints from community members during the June 23, 2009 hearing.

Palo Alto Medical Foundation Giant Excavator Digging feet away from residential homes on Jarvis Court, Sunnyvale

Palo Alto Medical Foundation Giant Excavator Digging feet away from residential homes on Jarvis Court, Sunnyvale

Before the neighbors are told, “Tough luck, there are overriding considerations as to why you must expect over 2 years of construction noise exceeding the City of Sunnyvale Noise Standards,” CEQA requires there be a thorough analysis of alternatives that could reduce this significant adverse unavoidable environmental impact to a less than significant level.

And . . there wasn’t. This is so despite the numerous comments on the noise problem, noise mitigation or lack thereof.
Continue reading

Why Are Sun and Shadows of Value?

As our world is encountering a crisis of the need to replace non-renewable resources, the value of solar technology is becoming more evident and in being utilized with solutions and alternatives to gas and electricity.
Rooftops are not the only part of the house that need sunlight, especially during the winter. The walls themselves need sun as they are retainers and play a vital role in maintaining warmth during winter months. If they do not receive sun, the overall need for more energy to heat the home and run the heater continuously is excess usage of energy.

“Council is the Ultimate Fact-Finder and Decision Maker” States City Attorney David Kahn

When Sunnyvale Councilman Christopher Moylan asked for his approval or disapproval of the PAMF EIR to meet CEQA during the June 23, 2009 hearing, City Attorney David Kahn replied “the Council is the ultimate fact finder and decision maker on the adequacy of the EIR.”

Kahn added “The CEQA document is really a disclosure document to disclose and look at all the reasonable environmental impact. If the Council . . . believes . . . that the – – the document does disclose and look at the documents, then it’s not required to look at every possible issue.”

Wow, when I heard Kahn say that I couldn’t believe it! The impression to me was “loosey-goosey.”

The Sunnyvale City Planners, Council and public had been presented with NEW material and findings during the June 23, 2009 Hearing: Air Quality Reports, Visibility View Site Lines, Unresolved Traffic Issues, Parking Garage Exhaust Vents, Construction Noise Contours, etc.

Did the Council Members, Planners and those not involved in the decision-making process as required by CEQA have an adequate amount of time to review and analyze the new material delivered at the hearing?

According to myself and many witnesses present, NO!

NOTE: The Sunnyvale City Council has recently been sued and lost both the Mary Avenue Extension Project and Mathilda Overcrossing Project.

The Sunnyvale City Council is currently faced with a third CEQA EIR Lawsuit, the PAMF EIR.

Copies of the PAMF DEIR/FEIR can be located at the Sunnyvale Library and Planning Dept for review.

PAMF FEIR Says “No Thanks” to Additional Shadow Views from Building

Shadows are important to be aware of. So much, in fact, the City of Sunnyvale has a solar ordinance stating that no building permit shall be issued for any construction that interferes with solar access to the rooftop or blocks sunlight greater than 10% during ANY solar cycle. (19.56.020 Solar Envelope)

DEIR PAMF Shadows Limited Views

DEIR PAMF Shadows Limited Views

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Finding out just how deep the shadows will fall at other hours became quite a challenge and still remains UNKNOWN.

NOTE: The rooftops that fall in the shadow range have been highlighted to white by the consultant for the Lead Agency in preparation for the PAMF DEIR.

You can see how worrisome and deep the shadows fall during the winter months when a home needs sunlight the most. Continue reading

Is the $120M PAMF BUILDING a FIT in the Neighborhood?

Former Sunnyvale City Manager, Amy Chan, described Palo Alto Medical Foundation, a subsidiary of Sutter Health, PAMF’s 301 Old San Francisco Road location as both “at the edge of and within a residential neighborhood.” 

PAMF Aerial View to North

Palo Alto Medical Foundation, a subsidiary of Sutter Health, proposed PAMF $120M,  270,000 square foot, 5-level structure, designed by Hawley Peterson Synder Architects , is ambitious, to say the least. Is it a “FIT” with the quiet Heritage Neighborhood District?

TRAINOR FAIRBROOK Errors on PAMF Sunnyvale Respondent Brief

TRAINOR FAIRBROOK gaping error, misses crux of source of the Shadow Complaint on the Palo Alto Medical Foundation Respondent Brief. Contrary to Trainor Fairbrook’s misstatement for Judge Elfing, the petitioners did submit written comments (mine ~ 6 pages) and speak on February 23, 2009 during the Sunnyvale Planning Commission Hearing. Continue reading