MBK Rental Living (Formerly Braddock & Logan/MWest) project, Butterfield Village is a 389-unit multi-family residential apartment project. The project includes a 3-acre private park with public access.
The project is located between Monterey Road and Butterfield Boulevard, south of Jarvis Drive, and north of Digital Drive. Assessor's Parcel Numbers 726-25-061, 726-25-094, and 726-25-093.
CEQA: Previously adopted EIR for a General Plan Amendment (GPA 14-04 Butterfield-Keenan (MWest)) and Addendum- State Clearinghouse No. 2014072009.
After not being awarded sufficient allocations to build the project through the City’s Residential Development Control System (RDCS) process and having an appeal denied, the developer sued the City under the Housing Accountability Act to allow this project to move forward in a single phase. The Santa Clara County Superior Court ruled:
“The Housing Accountability Act (Government Code section 65589.5) preempts conflicting requirements of the City’s RDCS ordinance. … Accordingly, the Project must be treated as exempt from the requirement to receive RDCS allotments.”
The Court also directed the City to take action on the application within 60 days.
The Development Agreement (DA) allows the project to be developed as exempt from RDCS in accordance with the Housing Accountability Act and the Stipulated Judgement. Exhibit C of the DA describes the Developer Commitments, which are consistent with the commitments the project made in the RDCS competition. The primary impact of the Development Agreement is that the project will be allowed to develop as a single phase, without the need to compete for housing allotments.