Planning Commission Staff Report of March 9, 2022 — City Council and Authorities Concurrent, May 10, 2022

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-130 Agenda Date: 3/9/2022

REPORT TO PLANNING COMMISSION

SUBJECT
Action on a Vesting Tentative Subdivision Map for 1530 and 1540 Pomeroy Avenue

BACKGROUND
The Applicant, Ridgecrest Group Inc., is requesting approval of a Vesting Tentative Subdivision Map (PLN21-15320) to subdivide two residential parcels with a total lot area of approximately 21,000 square feet into eight condominium lots and a common parcel at 1530 and 1540 Pomeroy Avenue for the development of eight condominium units. The project site is located on the west side of Pomeroy Avenue between El Camino Real and Granada Ave. The project would construct two detached single -family residences on the southern parcel (1530 Pomeroy Avenue) that borders single-family residences to the west and to the south. The parcel on the north (1540 Pomeroy Avenue) that borders commercial uses to the north and the west, would be occupied with six, three-story attached townhomes.

Currently, the property contains two parcels. The parcel at 1530 Pomeroy Avenue is zoned Low Density Multiple Dwelling (R3-18D) and has a General Plan land use designation of Very Low Density Residential (up to 10 dwelling units per acre). The proposed two single-family homes are permitted uses per the zoning code and would result in a density of 8.7 du/acre based on the lot size of 10,080 square feet (0.23 acre) and is therefore, consistent with density of up to 10 units per acre allowed for the Very Low Density Residential land use designation.

For the parcel at 1540 Pomeroy Avenue, the project utilizes Assembly Bill (AB) 3194 (2019), which prohibits a local agency from requiring rezoning if a proposed project is consistent with the General Plan, but the zoning for the project site is inconsistent with the General Plan. Further, a local agency may require the proposed housing development project to comply with the objective standards and criteria of the zoning code that is consistent with the General Plan; however, the standards and criteria are to be applied to facilitate and accommodate development at the density allowed on the site by the General Plan and proposed by the housing development project.

For 1540 Pomeroy Avenue, the zoning is Agricultural (A) and the General Plan land use designation is Community Mixed Use (CMU). Pursuant to AB 3194, the project will employ the objective standards of the Medium Density Multiple Dwelling (R3-36D) zoning district to construct six attached townhomes, which is a permitted use in this zoning district. The prescribed density range for Community Mixed Use designation of 20-36 du/acre would allow construction of 5-9 units on this site.

Based on the lot size of 10,920 square feet (0.25 acres) the density for the proposal to construct the six units is 24 du/acre and within the allowable density range.

The Architectural Review (PLN2019-13924) for the proposed six, three-story townhomes and two, City of Santa Clara Printed on 3/3/2022Page 1 of 3
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22-130 Agenda Date: 3/9/2022
detached two-story single-family residences was approved at the Development Review Hearing on August 18, 2021, finding the project consistent with the applicable requirements of Santa Clara City Code (SCCC) chapters 18.16 (R3-18D) and 18.20 (R3-36D). Planning Commission review, and a recommendation to the City Council, is required under (SCCC) section 17.05.300(g) for Subdivision Map applications.

DISCUSSION
Vesting Tentative Subdivision Map applications are reviewed for General Plan and Zoning Code consistency and conformance with the Subdivision Map Act. The proposed subdivision is consistent with the approved site plan, improvements, private street, surface parking, landscape open space areas, and associated utilities on the project site for the development of eight residential units with two detached single-family residences on 1530 Pomeroy Avenue and six attached townhomes. The proposed Vesting Tentative Subdivision Map was reviewed by the City’s Subdivision Clearance Committee and determined to be complete on January 11, 2022. Staff has confirmed that the proposed subdivision will not result in any inconsistencies with the General Plan and zoning designations for the property, Building Code, or other applicable requirements. Conditions of Approval have been prepared and are provided as Attachment 3. The conditions include a requirement for recordation of Covenants, Conditions and Restrictions (CC&R’s) governing the shared use and maintenance of building structures and private on-site improvements (e.g. private street, surface parking, utilities, landscaping, fencing) as well public right-off-way improvements (complete street landscaping).

ENVIRONMENTAL REVIEW
A Mitigated Negative Declaration (MND) was prepared for the project in accordance with the California Environmental Quality Act (CEQA), for the previously approved 8-unit residential development. The MND and Mitigation Monitoring and Reporting Program were approved at the Development Review Hearing on August 18, 2021, at a publicly noticed meeting. The proposed Vesting Tentative Subdivision Map is consistent with the approved project and would not result in a new impact on the environment or significantly increase the severity of any previously identified impact.

FISCAL IMPACT
There is no cost to the City other than administrative staff time and expense for the processing of this application.

COORDINATION
This report has been coordinated with the City Attorney’s Office.

PUBLIC CONTACT
On February 23, 2022, a notice of public hearing was published in The Weekly, a newspaper of general circulation, and on February 24, 2022, a notice of this item was posted in three conspicuous locations within 300 feet of the project site and mailed to property owners within 500 feet of the project site. At the time of this report, the Planning staff has not received any public comments regarding the proposed project.

Public contact was also made by posting the Commission agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 City of Santa Clara Printed on 3/3/2022Page 2 of 3
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22-130 Agenda Date: 3/9/2022
hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION
Adopt a resolution to recommend the City Council approve the Vesting Tentative Subdivision Map to subdivide the two residential parcels into eight condominium lots and a common parcel at the property located at 1530 and 1540 Pomeroy Avenue.

Reviewed by: Alexander Abbe, Assistant City Attorney
Approved by: Lesley Xavier, Planning Manager

ATTACHMENTS

1. Project Data Sheet

2. Resolution Recommending Council Approval of the Vesting Tentative Subdivision Map

3. Conditions of Vesting Tentative Subdivision Map Approval

4. DRH Staff Report 08.18.2021

5. Vesting Tentative Subdivision Map
City of Santa Clara Printed on 3/3/2022Page 3 of 3
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Project Data -1530 and 1540 Pomeroy Avenue- Tentative Map (PLN21-15320), March 9, 2022
Project Data
File No.(s)
Location
Applicant:

Owner:

CEQA Determination:

Project Planner:

PLN21-15320
1530 and 1540 Pomeroy Ave; two parcels with a total lot area of

0.48 acres, located on the west side of Pomeroy Avenue between El Camino Real and Granada Ave; APN: 290-02-096, 290-02-097; Property at 1530 Pomeroy is zoned Low Density Multiple Dwelling (R3-18D) and 1540 Pomeroy Avenue zoned Agricultural (A).

The Ridgecrest Group Inc./Omid Shakeri
Masud Maesumi and Valm Pascual
Adopted Mitigated Negative Declaration
Nimisha Agrawal, Associate Planner
Existing Proposed Zoning/GP Consistency
General Plan Designation
1530 Pomeroy Very Low Density
Residential
No change
1540 Pomeroy Community Mixed Use
Zoning Designation
1530 Pomeroy
Low Density Multiple
Dwelling (R3-18D)
No change Consistent with R3-18D
1540 Pomeroy Agricultural (A) No change Consistent with R3-36D Land Use Residential No change Residential
Lot Size (Sq. ft.) Total 0.48 acres (21,000 sq. ft.)
1530 Pomeroy 10,080 sq. ft. (.23
acres)
8 Condominium lot
sand one shared lot
Meets minimum lot size
requirement of 8,000 sq. ft.
1540 Pomeroy 10,920 sq. ft. (.25
acres)
Meets minimum lot size
requirement of 8,5000 sq. ft.

Building Square
Footage Total 3,412 sq. ft. Total 19,390 sq. ft.
1530 Pomeroy 1,706 sq. ft. 5,170 sq. ft. Lot coverage 28.5% (max 35%) 1540 Pomeroy 1,706 sq. ft. 14,220 sq. ft. Lot coverage 45% (max 45%) Residential Units
1530 Pomeroy 1
2 Detached Single
Family Homes
Density: 8.7 du/acre (allowed up to
10 du/acre)
1540 Pomeroy 1 6 Attached
Townhomes
Density: 24 du/acre (allowed 20-36
du/acre)
Project Data -1530 and 1540 Pomeroy Avenue- Tentative Map (PLN21-15320), March 9, 2022

Aerial Map

Project Site

Project Data -1530 and 1540 Pomeroy Avenue- Tentative Map (PLN21-15320), March 9, 2022

General Plan Map
.

Zoning Map
Community
Mixed Use
Very Low
Density
Residential
Low Density
Multiple Dwelling
Residential (R3-
18D)
Agricultural (A)
Resolution/ 1530 and 1540 Pomeroy - Vesting Tentative Subdivision Map Page 1 of 5 Rev. Rev: 11/22/17; Typed: 04/05/19

RESOLUTION NO. __________

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF SANTA CLARA, CALIFORNIA RECOMMENDING THAT

THE CITY COUNCIL APPROVE A VESTING TENTATIVE
SUBDIVISION MAP (PLN21-15320) AT 1530 and 1540

POMEROY AVENUE, SANTA CLARA

BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, on November 15, 2021, Ridgecrest Group Inc. (“Applicant”) on behalf of Masud Maesumi and Valm Pascual (“Property Owners”) filed an application (PLN21-15320) to subdivide two existing parcels with a total lot area of 0.48 acres, located at 1530 and 1540 Pomeroy Avenue (“Project Site”) into condominium lots in accordance with the development plan (PLN2019-13924) approved for the Project Site;
WHEREAS, on August 18, 2021 , the Architectural Review (PLN2019 -13924) to construct six townhomes and two single-family homes utilizing Assembly Bill (AB) 3194 (2019) was approved at the Development Review Hearing (DRH);
WHEREAS, the application is for a Vesting Tentative Subdivision Map (PLN21 -15320) to subdivide the two residential parcels into eight condominium lots and a common parcel to serve the development;
WHEREAS, the proposed subdivision is consistent with the approved site plan and improvements on the Project Site for the development of 8 residential units in six townhomes and two single - family homes arrangement with surface parking, landscaped open space areas, and associated utilities as entitled on August 18, 2021;
WHEREAS, pursuant to Section 17.05.210 of the Code of the City of Santa Clara (“SCCC”), a Tentative Subdivision Map shall be required for all divisions of land into five or more parcels; Resolution/ 1530 and 1540 Pomeroy - Vesting Tentative Subdivision Map Page 2 of 5 Rev. Rev: 11/22/17; Typed: 04/05/19

WHEREAS, on January 11, 2022, the Subdivision Clearance Committee determined that the application was complete and that the proposed Vesting Tentative Subdivision Map should proceed to the Planning Commission in conformance with Section 17.05.300 of the SCCC; WHEREAS, SCCC Section 17.05.300(g) requir es that the Planning Commission make recommendations of denial, approval, or conditional approval to the City Council on the Tentative Subdivision Map;
WHEREAS, the proposal is to create eight condominium lots for eight residential units and one common lot to serve the development (“Project”) as shown on the proposed Vesting Tentative Subdivision Map, attached hereto and incorporated herein by this reference; WHEREAS, a Mitigated Negative Declaration (“MND”) and Mitigation Monitoring and Reporting Program were prepared in accordance with the California Environmental Quality Act and adopted at the Development Review Hearing on August 18, 2021, for the Project; WHEREAS, the proposed Vesting Tentative Subdivisi on Map is consistent with the previously approved Project and would not result in a new impact on the environment or significantly increase the severity of any previously identified impact;
WHEREAS, on February 24 , 2022, notices of the public hearing on the Vesting Tentative Subdivision Map were posted within 300 feet of the Project Site and mailed to all property owners within 500 feet of the property, according to the most recent Assessor’s roll; WHEREAS, a notice of the public hearing was published in The Weekly, a newspaper of general circulation, on February 23, 2022, for a meeting to be conducted on March 9, 2022; and WHEREAS, the Planning Commission held a duly noticed public hearing on March 9, 2022, at which time all interested persons were given an opportunity to provide testimony and the Commission considered the information presented in the Staff Report, and all verbal and written evidence.

Resolution/ 1530 and 1540 Pomeroy - Vesting Tentative Subdivision Map Page 3 of 5 Rev. Rev: 11/22/17; Typed: 04/05/19

NOW THEREFORE, BE IT FURTHER RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA CLARA AS FOLLOWS:

1. That the Planning Commission hereby finds that the above Recitals are true and correct and by this reference makes them a part hereof.

2. Vesting Tentative Subdivision Map Findings. Pursuant to California Government Code Sections 66426 and 66428 and SCCC Section 17.05.300(h), the Planning Commission finds and determines that:

A. The Vesting Tentative Subdivision Map is consistent with the objectives, policies, general land uses and programs specified in the City’s General Plan in that the Vesting Tentative Subdivision Map subdivides the existing 0.48 acre Project Site into eight condominium lots and one common lot to effectuate the previously approved residential development of six townhome units and two single-family homes, on-site resident and visitor parking, and common landscaped areas with shared maintenance of the building and public and private site improvements compatible with neighboring low intensity residential development and the commercial uses to the north of the project site, subject to conditions set forth in the Conditions of Vesting Tentative Subdivision Map Approval, attached hereto and incorporated by this reference.

B. The design and improvements of the proposed subdivision are consistent with the City’s General Plan in that the Vesting Tentative Subdivision Map facilitates development of a diversified housing stock and construction of ownership housing opportunities for the community; and furthermore complies with General Plan Land Use and Transitional Goals and Polices of the General Plan in that it transforms the underutilized properties from a vacant, low -intensity commercial use to a medium density residential development that would transition in scale and intensity of use with existing and planned land uses; and is in proximity to transit with multi-modal connections to local and regional transit service to support transit ridership and reduce vehicle miles traveled.

Resolution/ 1530 AND 1540 Pomeroy Avenue- Vesting Tentative Subdivision Map Page 4 of 5 Rev. Rev: 11/22/17
C. The site is physically suitable for the proposed type of development, in that the Project p rovides a transition between low intensity residential development and the existing commercial uses along the El Camino Real.

D. The site is physically suitable for the proposed density of development, in that the Project Site is in an urbanized area and is served by existing utilities and infrastructure.

E. The design of the subdivision and type of improvements are not likely to cause serious health problems, in that the proposed residential subdivision will implement Covenants Conditions and Restrictions for operation and maintenance of the building and site improvements and does not propose the use of hazardous materials.

F. The design of the subdivision and type of improvements are not likely to cause substantial environmental damage and will not substantially or unavoidably injure fish or wildlife or their habitat in that the Project Site is located in an urbanized setting, is a developed site, and the proposed subdivision includes mitigation measures, as identified in the MND and MMRP, that reduces impacts to biological resources to less-than-significant levels.

G. The design of the subdivision and type of improvements will not conflict with easements acquired by the public at large or use of property within the proposed subdivision in that it is designed to avoid encroachment and conflicts with public easements in the site design.

H. The Tentative Subdivision Map provides, to the extent feasible, for future passive or natural heating or cooling opportunities, in that it would allow flexibility in the development standards to maximize the benefits of green building standards for site and building design.

3. Based on the findings set forth in this Resolution and the evidence in the Staff Report and such other evidence as received at the public hearings on this matter before the Planning Commission, the Planning Commission hereby recommends approval of the Vesting Tentative Subdivision Map to the City Council, substantially in the form on file as shown on the attached Vesting Tentative Subdivisio n Map and Conditions of Vesting Tentative Subdivision Map Approval, hereby incorporated by this reference.

Resolution/ 1530 AND 1540 Pomeroy Avenue- Vesting Tentative Subdivision Map Page 5 of 5 Rev. Rev: 11/22/17

3. Effective date. This resolution shall become effective immediately.

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED

AND ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 9TH DAY OF MARCH 2022, BY THE FOLLOWING VOTE:

AYES: COMMISSIONERS:

NOES: COMMISSIONERS:

ABSENT: COMMISSIONERS:

ABSTAINED: COMMISSIONERS:

ATTEST:

ANDREW CRABTREE

DIRECTOR OF COMMUNITY DEVELOPMENT

CITY OF SANTA CLARA

Attachments Incorporated by Reference:

1. Vesting Tentative Subdivision Map

2. Conditions of Vesting Tentative Subdivision Map Approval

________________________________________________________________________________

Page 1 of 6 ends

PLN21-15320, March 9, 2022

CONDITIONS OF APPROVAL
In addition to complying with all applicable codes, regulations, ordinances and resolutions, the following conditions of approval are recommended:

GENERAL
A. If relocation of an existing public facility becomes necessary due to a conflict with the developer' s new improvements, then the cost of said relocation shall be borne by the developer.

B. Comply with all applicable codes, regulations, ordinances and resolutions.

ATTORNEY’S OFFICE
A. The Developer agrees to defend and indemnify and hold City, its officers, agents, employees, officials and representatives free and harmless from and against any and all claims, losses, damages, attorneys' fees, injuries, costs, and liabilities arising from any suit for damages or for equitable or injunctive relief which is filed by a third party against the City by reason of its approval of developer's project.

COMMUNITY DEVELOPMENT

BUILDING DIVISION
BD1. Informational: Prior to overall construction permit application, submit to the Santa Clara Building Division, 2 copies of an addressing diagram request, to be prepared by a licensed architect or engineer.

The addressing diagram(s) shall include all proposed streets and all building floor plans. The addressing diagram(s) shall conform to Santa Clara City Manager Directive #5; Street Name and Building Number Changes, and Santa Clara Building Division Address Policy For Residential and Commercial Developments. The addressing diagram(s) shall indicate all unit numbers to be based off established streets, not alleys nor access-ways to garages. Allow a minimum of 10 working days for initial staff review. Please note city staff policy that existing site addresses typically are retired. Provide digital pdf printed from design software, not scanned from printed paper sheet.

BD2. Informational: The construction permit application drawings submitted to the Santa Clara Building Division shall include a copy of the latest Federal Emergency Management Agency (FEMA) Flood Zone Map: https://msc.fema.gov/portal/home
. The project drawings shall indicate how the project complies with the Santa Clara Flood Damage Prevention Code.

BD3. Informational: The construction permit application drawings submitted to the Santa Clara Building Division shall include Santa Clara Valley Urban Runoff Pollution Prevention Program Low Impact Development (LID) practices http://www.scvurppp-w2k.com/nd_wp.shtml . All projects that disturb more
than one acre, or projects that are part of a larger development that in total disturbs more than one acre, shall comply with the Santa Clara Valley Urban Runoff Pollution Prevention Program Best Management Practices (BMP):
http://www.scvurppp-w2k.com/construction_bmp.shtml, and shall provide a Storm Water Pollution Prevention Plan (SWPPP) by a certified Qualified SWPPP Developer (QSD). All site drainage and grading permit applications submitted to the Santa Clara Building Division shall include a city of Santa Clara "C3" data form, available on this web page:
https://www.santaclaraca.gov/our-city/departments-g-z/public-works/environmental- programs/stormwater-pollution-prevention and will be routed to a contract consultant for review.

BD4. Informational: no California construction code review is being done at this time. The construction permit application drawings submitted to the Santa Clara Building Division shall include an overall California Building Code analysis, including; proposed use and occupancy of all spaces (19' CBC Ch. 3), all building heights and areas (19' CBC Ch. 5), all proposed types of construction (19' CBC Ch. 6), all proposed fire and smoke protection features, including all types of all fire rated penetrations proposed (19' CBC Ch. 7), all proposed interior finishes fire resistance (19' CBC Ch. 8), all fire protection systems proposed (19' CBC Ch. 9), and all means of egress proposed (19' CBC Ch. 10). -Noncombustible exterior wall, floor, and roof finishes are strongly encouraged. ________________________________________________________________________________ Conditions of Approval- 1530 and 1540 Pomeroy Avenue- Tentative Map Page 2 of 6 March 9, 2022
• During construction retaining a single company to install all fire rated penetrations is highly recommended.
• The grade level lobbies shall be min.1 hour rated all sides and above. • All stair shafts shall be min. 1 hour rated.
• All elevator shafts shall be min. 1 hour rated.
• All trash chute shafts shall be min. 1 hour rated.
• Recommendation: provide a minimum of two trash chutes; one for recyclables, one for trash, each trash chute to be routed down to a grade level trash collection room. • Any trash rooms shall be min. 1 hour rated all sides and above.

BD5. Informational: The overall project construction permit application shall include the geotechnical, architectural, structural, energy, electrical, mechanical, and plumbing drawings and calculations. Prior to the issuance of the overall project construction permit, a conditions of approval review meeting must be held in city hall, which meeting must be attended by the on-site field superintendent(s). The meeting will not be held without the attendance of the on-site field superintendent(s). The on-site grading permit shall be a separate permit application to the Building Division.

BD6. Informational: Temporary Certificates of Occupancy will not be routinely issued, and will be considered on a very limited basis only when there is a clear and compelling reason for city staff to consider a TCO. A TCO will be approved only after all applicable City staff have approved in writing; Planning, P.W./ Engineering, Fire Prev., Santa Clara Water, Silicon Valley Power, and any other applicable agencies such as the Santa Clara County Health Dept., with the Building Division being the final approval of all TCO.'s.

HOUSING & COMMUNITY SERVICES DIVISION
H1. In accordance with the Santa Clara City Code chapter 17.40, this project is subject to the following affordable housing requirements and impact fee:

The requirement for the for-sale residential development which applies to the proposed 8 units is as follows:
(a) Unless the City Council approves an alternate method of compliance pursuant to section (b) below, the Applicant shall provide one dwelling unit affordable to households at 100% AMI or pay an in-lieu fee. The in-lieu fee shall be equal to the difference between the unrestricted appraised market value ("Initial Market Value") and the Affordable Sales Price of the last unit at completion. The Initial Market Value of the last unit sold shall be the basis for calculating the in-lieu fee to be paid by Applicant. Any in-lieu fee payment due to the City by the Applicant shall be paid prior to receipt of the occupancy certificate of the last unit at completion.

The Affordable Unit shall have prices set in accordance with the City’s Below Market Purchase (BMP) Program Policies and Procedures Manual (subject to updates and changes). Prior to issuance of Building Permits, the Developer shall enter into an Affordable Housing Agreement with the City that will determine the Affordable Sales Price, identify the actual unit to be sold as the Affordable Unit, and apply all terms and covenants guaranteeing the prescribed affordability, to the satisfaction of the Director of Community Development. There is a fee for the AHA preparation in the amount of $3,708 which will be due prior to execution of the AHA.
(b) In the alternative, the City Council may, in its sole discretion, authorize the Applicant to utilize an alternate means of compliance pursuant to SCCC § 17.40.080(g) through the execution of a development agreement. In order to utilize such an alternative, such Development Agreement must be fully executed prior to issuance of Building Permits. If no Development Agreement has been executed at the time Building Permits are issued, then section (a) above shall apply.

PLANNING DIVISION
P1. The project shall comply with the Conditions of Architectural Review approvals (PLN2019-13924) and the mitigation measures identified in the Mitigated Negative Declaration and adopted Mitigation Monitoring and Reporting Program for the project.
________________________________________________________________________________ Conditions of Approval- 1530 and 1540 Pomeroy Avenue- Tentative Map Page 3 of 6 March 9, 2022
P2. Developer shall prepare and submit Covenant, Conditions and Restrictions (CC&R$s) to the City for review and approval. The approved CC&Rs are to be recorded prior to the issuance of building permits and a copy is provided to the Planning Department.

PUBLIC WORKS

ENGINEERING
E1. Obtain site clearance through Public Works Department prior to issuance of Building Permit. Site clearance will require payment of applicable development fees. Other requirements may be identified for compliance during the site clearance process. Contact Public Works Department at (408) 615-3000 for further information.

E2. All work within the public right-of-way and/or public easement, which is to be performed by the Developer/Owner, the general contractor, and all subcontractors shall be included within a Single Encroachment Permit issued by the City Public Works Department. Issuance of the Encroachment Permit and payment of all appropriate fees shall be completed prior to commencement of work, and all work under the permit shall be completed prior to issuance of occupancy permit.

E3. Submit public improvement plans prepared in accordance with City Public Works Department procedures which provide for the installation of public improvements. Plans shall be prepared by a Registered Civil Engineer and approved by the City Engineer prior to approval and recordation of parcel map and/or issuance of building permits.

E4. Existing non-standard or non-ADA compliant frontage improvements shall be replaced with current City standard frontage improvements as directed by the City Engineer or his designee.

E5. Dedicate, as required, on-site easements for new and existing utilities and sidewalk by Subdivision Map or approved instrument at time of development. Developer shall pay applicable easement preparation/processing fee.

E6. Dedicate a sidewalk easement for the sidewalk and driveway portions within private property and pay the easement preparation fee. Sidewalk easement shall be 1’ behind proposed back-of-walk if there is landscaping behind sidewalk and/or at the proposed back-of-walk with a cold joint if there is hardscape concrete behind sidewalk.

E7. After City Council approval of the Tentative Map, submit 10 copies of the Subdivision Map, prepared by a Licensed Land Surveyor or a Registered Civil Engineer with Land Surveyor privileges to the Engineering Department. The submittal shall include a title report, closure calculations, and all appropriate fees.

STREETS DIVISION
Landscape
L1. Include City of Santa Clara Tree Preservation/City Arborist specifications on all improvement plans.

L2. No cutting of any part of private trees, including roots, shall be done without securing prior approval of the City Arborist. Tree trimming/removal shall be done in accordance to the City of Santa Clara Tree Preservation/City Arborist specifications and with direct supervision of a certified arborist (Certification of International Society of Arboriculture).

L3. Identified existing mature trees to be maintained. Prepare a tree protection plans for review and approval by the City of Santa Clara prior to any demolition, grading or other earthwork in the vicinity of existing trees on the site.

Stormwater
ST1. Prior to City’s issuance of Building or Grading Permits, the applicant shall develop a Final Stormwater Management Plan, update the C.3 Data Form
, and an Erosion and Sediment Control Plan.

ST2. The Final Stormwater Management Plan and all associated calculations shall be reviewed and certified by a qualified 3rd party consultant from the SCVURPPP List of Qualified Consultants, and a 3rd party review letter shall be submitted with the Plan.

ST3. The applicant shall incorporate Best Management Practices (BMPs) into construction plans and incorporate post-construction water runoff measures into project plans in accordance with the City’s Urban Runoff Pollution Prevention Program standards prior to the issuance of Building or Grading Permits. Include the SCVURPPP Countywide Construction BMPs Plan Sheet with the plans. ________________________________________________________________________________ Conditions of Approval- 1530 and 1540 Pomeroy Avenue- Tentative Map Page 4 of 6 March 9, 2022
ST4. Include the C.3 Treatment Facilities Construction Notes on the Improvement Plans and/or Stormwater Control Plans.

ST5. During the construction phase, all stormwater control measures shall be inspected for conformance to approved plans by a qualified 3rd party consultant from the SCVURPPP List of Qualified Consultants, and a 3rd party concurrence letter on the C.3 facilities construction shall be submitted to the Public Works Department. As-Built drawing shall be submitted to the Public Works Department. Include C.3 Stormwater Treatment Facilities Construction general notes on the improvement plans.

ST6. Permeable Pavement shall be inspected by a third-party reviewer and/or manufacturer representative for conformance with the details and specifications. If necessary, percolation test shall be performed to ensure proper installation. The number, location and species of the interceptor trees shall be confirmed during the construction.

ST7. Stormwater treatment facilities must be designed, installed, and maintained to achieve the site design measures throughout their life in accordance to the SCVRUPPP C.3 Stormwater Handbook (Chapter 6 and Appendix C). They shall be installed using biotreatment soil media that meet the minimum specifications as set forth in this Handbook. If percolation rate test of the biotreatment soil mix is not performed on-site, a certification letter from the supplier verifying that the soil meets the specified mix.

ST8. The property owner shall enter into an Operation and Maintenance (O&M) Agreement with the City for all installed stormwater treatment measures in perpetuity. Applicants should contact Karin Hickey at (408) 615-3097 or [email protected]
for assistance completing the Agreement. For more
information and to download the most recent version of the O&M Agreement, visit the City’s stormwater resources website at
http://santaclaraca.gov/stormwater. For porous pavement, inspection of these facilities is to be done annually.

ST9. Any site design measures used to reduce the size of stormwater treatment measures shall not be installed for the project without the written approval from the City, installing the corresponding resizing of other stormwater treatment measures and an amendment of the property’s O&M Agreement.

ST10. Developer shall install an appropriate stormwater pollution prevention message such as “No Dumping – Flows to Bay” on any storm drains located on private property.

ST11. Interior floor drains shall be plumbed to the sanitary sewer system and not connected to the City’s storm drain system.

ST12. Final C.3 inspection by Code Enforcement staff shall be completed after receipt of the 3 rd party
concurrence letter and installation of stormwater treatment facilities, planting materials and storm drain medallions.

WATER & SEWER
W1. Previous Approvals: Permittee shall abide by and continue to comply with all previous City approvals, permits, or requirements relating to the subject property, unless explicitly superseded or revised by the Director of Water and Sewer Utilities.

W2. Utility Design: The utility design plans shall reflect the following revisions to the utility design:
a. All potable water services including fire hydrant services shall connect to the existing 10” CIP on Pomeroy Avenue and not the existing 8” CIP main.
b. Locate all water meters and appurtenances in the landscaping strip adjacent to the curb or immediately adjacent to the back of the sidewalk per City Standard Details.

W3. Encroachment Permit: Prior to issuance of Building Permits, the applicant shall submit an encroachment permit application and design plans for construction of water utilities that comply with the latest edition of the Water & Sewer Utilities Water Service and Use Rules and Regulations, Water System Notes, and Water Standard Details and Specifications. In addition, prior to the City's issuance of Occupancy, the applicant shall construct all public water utilities per the approved plans. The Water & Sewer Utilities will inspect all public water utility installations and all other improvements encroaching public water utilities.

W4. Utility Design Plans: Utility Design Plans shall indicate the pipe material and the size of existing water, recycled water and sewer main(s). The plans shall show the nearest existing fire hydrant and the two nearest existing water main line gate valves near the project area. The plans shall show meter and backflow configurations to scale and per City of Santa Clara Water & Sewer Utilities Standard Details. ________________________________________________________________________________ Conditions of Approval- 1530 and 1540 Pomeroy Avenue- Tentative Map Page 5 of 6 March 9, 2022
Note that all new water meters and backflow prevention devices shall be located behind the sidewalk in a landscape area. Fire hydrants should be located two feet behind monolithic sidewalk if sidewalk is present; two feet behind face of curb if no sidewalk is present, per City Std Detail 18. The plans shall provide the profile section details for utilities crossing water, sewer, or recycled water mains to ensure a 12” minimum vertical clearance is maintained.

W5. Utility Separations: Applicant shall adhere to and provide a note indicating that all horizontal and vertical clearances comply with State and local regulations. The applicant shall maintain a minimum 12” of vertical clearance at water service crossing with other utilities, and all required minimum horizontal clearances from water services: 10' from sanitary sewer utilities, 10’ from recycled water utilities, 8' from storm drain utilities, 5' from fire and other water utilities, 3' from abandoned water services, 5' from gas and electric utilities, and 5’ from the edge of the propose or existing driveway. For sanitary sewer, water, and recycled water utilities, the applicant shall maintain a minimum horizontal clearance of 10' from existing and proposed trees. If applicant installs tree root barriers, clearance from tree reduces to 5' (clearance must be from the edge of tree root barrier to edge of water facilities). No structures (fencing, foundation, biofiltration swales, etc.) allowed over sanitary sewer, potable water and/or recycled water utilities and easements.

W6. Separate Services: Applicant shall submit plans showing proposed water, recycled water, sanitary sewer, and fire services connected to a public main in the public right-of-way to the satisfaction of the Director of Water & Sewer Utilities. Different types of water and recycled water use (domestic, irrigation, fire) shall be served by separate water services, each separately tapped at the water main. Tapping on existing fire service line(s) is prohibited. Approved backflow prevention device(s) are required on all potable water services.

W7. City Standard Meters and Backflows: All proposed meters and backflows for all water services shall meet the current City of Santa Clara Water & Sewer Utilities Standard Details. Plans shall show meter and backflow configurations to scale.

W8. Existing Services: The applicant must indicate the disposition of all existing water and sewer services and mains on the plans. If the existing services will not be used, then the applicant shall properly abandon these services to the main per Water & Sewer Utilities standards and install a new service to accommodate the water needs of the project. The applicant shall bear the cost of any relocation or abandonment of existing Water Department facilities required for project construction to the satisfaction of the Director of Water and Sewer Utilities.

W9. On-Site Storm Drain Treatment: Prior to issuance of Building Permit, the applicant shall submit plans showing any onsite storm water treatment system. The plan shall include a section detail of the treatment system. No water, sewer, or recycled water facilities shall be located within 5-feet of any storm water treatment system.

W10. Water Usage: Prior to the issuance of Building Permits, the applicant shall provide documentation of water usage so the Water Division can verify the appropriate size of all proposed water meters. Please note that if the existing water services are incapable of supplying the water needs to the site, the existing services shall be abandoned, and new separate dedicated water services shall be provided for each use (domestic and irrigation).

W11. Prior to issuance of Building Permits, the applicant shall submit plan details for all water features (including but not limited to fountains and ponds) designed to include provisions for operating the system without City potable water supply and capable of being physically disconnected from source of potable water supply during City declared water conservation periods, to the satisfaction of the Director of the Water & Sewer Utilities. Decorative water features may be permanently connected to the City’s recycled water supply.

W12. Easements: Prior to City’s issuance of Building or Grading Permits, the applicant shall provide a dedicated water utility easement around the backflow prevention device onsite. The water utility easement for the water services and all other public water appurtenances shall be a minimum 15 feet wide and be adjacent to the public right-of-way without overlapping any public utility easement.

Additionally, the applicant shall submit plans defining existing easements so Water Division can verify if there are any conflicts with proposed easements and water utilities. ________________________________________________________________________________ Conditions of Approval- 1530 and 1540 Pomeroy Avenue- Tentative Map Page 6 of 6 March 9, 2022
W13. Underground Fire Permit: Prior to issuance of Building Permits, applicant shall submit an underground fire permit unless otherwise waived by the Fire Department. If fire flow information is needed, applicant shall coordinate with Water and Sewer Utilities Department, for fire flow information at (408)615-2000.

A dedicated fire service line, with an approved backflow prevention device, shall be used for on-site fire hydrants. Fire service lines required for commercial and industrial use shall be sized appropriately per fire flow demand and code requirements.

W14. Record Drawings: Upon completion of construction and prior to the City’s issuance of a Certificate of Occupancy, the applicant shall provide "as-built" drawings of the public water utility infrastructure prepared by a registered civil engineer to the satisfaction of the Director of Water & Sewer Utilities Department.

W15. Water Shortage Response Actions: Pursuant to the City of Santa Clara’s Urban Water Management Plan, during times of drought or water shortage, the City implements water shortage response actions in accordance with the level of water shortage declared. All construction activities and all new irrigation connections are subject to the Water Shortage Response Actions in effect at the time of construction and connection of the irrigation service.

Water Shortage Response Actions for Stage 2 and higher include water use restrictions that limit the use of potable water such as:
a. prohibiting the installation of new potable water irrigation services. new irrigation connections, construction, and dust control.
b. restrict the use of potable water used for construction and dust control if recycled water is available.

This project is subject to all the requirements and restrictions of the Water Shortage Response Actions in place or adopted during the duration of the project. For more information, visit the City of Santa Clara Water & Sewer Utilities website at www.santaclaraca.gov/waterconservation .

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
21-997 Agenda Date: 8/18/2021

REPORT TO DEVELOPMENT REVIEW HEARING

SUBJECT
Adoption of a Mitigated Negative Declaration (MND) and Mitigation Monitoring or Reporting Program (MMRP) and action on AB 3194 proposal for the proposed six three-story townhomes and two detached, two-story single-family homes at 1530 and 1540 Pomeroy Avenue
File No.(s): PLN2019-13924
Location: 1530 and 1540 Pomeroy Ave; two parcels with a total lot area of .048 acres, located on the west side of Pomeroy Avenue between El Camino Real and Granada Ave; APN: 290-02-096, 290-02-097; Property at 1530 Pomeroy is zoned Low Density Multiple Dwelling (R3-18D) and 1540 Pomeroy Avenue zoned Agricultural (A).

Applicant: The Ridgecrest Group Inc./Omid Shakeri
Owner: Masud Maesumi and Valm Pascual
Request: Architectural Review utilizing AB 3194 to construct six three-story townhomes and two detached, two -story single-family homes on two contiguous residential lots with a total lot area of 0.48 acres with 19 parking spaces. The project involves demolition of two existing one-story single family homes at 1530 and 1540 Pomeroy Avenue.

Project Data: See Attachment 1.

Points for consideration
Summary
· The applicant proposes to redevelop the two contiguous lots with a total area of 0.48 acre with two independent projects as following:
o 1530 Pomeroy Ave (.23 acres): Construct two detached Single Family homes. o 1540 Pomeroy Ave (.25 acres): Construct six attached townhomes · The project would utilize Assembly Bill (AB) 3194 (2018), which prohibits a local agency from requiring a rezoning if a proposed project is consistent with the general plan but the zoning for the project site is inconsistent with the general plan. Further, a local agency may require the proposed housing development project to comply with the objective standards and criteria of the zoning designation which is consistent with the general plan; however, the standards and criteria are to be applied to facilitate and accommodate development at the density allowed on the site by the general plan and proposed by the proposed housing development project.
· AB 3194 is applicable to the parcel at 1540 Pomeroy Avenue, which is zoned Agricultural (A) and has a General Plan Designation of Community Mixed Use (CMU). Pursuant to AB 3194, the project proposes to employ the objective standards of the Medium Density Multiple Dwelling (R3-36D) zoning district to construct six attached townhomes, which is a permitted use in this zoning district. The prescribed density range for Community Mixed Use designation of 20-36 du/acre would allow construction of 5-9 units on this site. Based on the lot size of 10,920 square feet (.25 acres) the density for the proposal to construct the six units is 24 du/acre and within the allowable density range. · The parcel at 1530 Pomeroy Avenue is zoned Low Density Multiple Dwelling (R3-18D) and a General Plan designation of Very Low Density Residential. The proposed two single-family homes are permitted uses per the zoning code and result in a density of 8.7 du/acre based on the lot size of 10,080 square feet (.23 acre) and is therefore, consistent with density of up to 10 units per acre allowed for the Very Low Density Residential designation.

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21-997 Agenda Date: 8/18/2021
· A condominium map would be processed to consolidate and subdivide the land into private residential lots and common space for the driveway, open space, and guest parking areas and will be filed following the DRH meeting action.
· A Community outreach meeting for the project is scheduled for Thursday August 12, 2021.

Building Design
· The project would construct two detached single family homes on the southern parcel (1530 Pomeroy) that borders single family homes to the west and to the south. Each home would be 2,165 square feet with four bedrooms and three bathrooms and a 400 square foot attached garage. · The parcel on the north (1540 Pomeroy) that borders commercial uses to the north and the west, would be occupied with six three-story attached townhomes. Each townhome would be 1,970 square feet with three bedrooms and two bathrooms and a 400 square foot attached garage. · The two single family homes at 1530 Pomeroy adhere to the setback, lot coverage and all other zoning regulations of the Low Density Multiple Dwelling (R3-18D) Zoning District. The six Townhomes at 1540 Pomeroy adhere to the to the setback, lot coverage and all other zoning regulations of the Medium Density Multiple Dwelling (R3-36D) Zoning District, which is the zoning district that is consistent with the CMU General Plan designation.
· The townhomes have been designed with a contemporary American colonial architecture featuring horizontal siding on the first and the second levels, interspersed on the second level with wood shingle- covered bays. The third level would be sided with wood shingles and punctuated with gable bays that continue the horizontal wood siding from the lower levels. Fenestration would include a mix of divided- light vertical and square windows. The townhomes would be a single building with hipped roof and a long central ridge. The architecture of the single family homes would be the same as that of the townhomes but in a two story format.
· The private garages would be accessed through a shared 20 feet wide driveway. · It should be noted that only objective design and zoning standards can be applied to projects utilizing AB 3194 (here, the parcel at 1540 Pomeroy).

Open Space
The project provides an open space to the rear and south of the project site. A landscape plan has not been developed yet, but the applicant has indicated the site would be developed with drought tolerant and water efficient landscaping. The property frontage would be planted with new street trees in accordance with the City requirements. All units will have a private patio.

Parking
A 400 square foot attached garage is incorporated in the ground floor of each residential unit, exceeding the requirement of one covered and one uncovered parking spaces for zoning districts R3-18D and R3-36D. In addition, three guest parking spaces have been provided on the single family project site at 1530 Pomeroy.

Findings supporting the Staff Recommendation

1. That any off-street parking area, screening strips and other facilitates and improvements necessary to secure the purpose and intent of this title and the general plan of the City area a part of the proposed development, in that;
· The development provides a total of 19 on-site parking spaces (16 covered, 3 uncovered), exceeding the requirement of eight covered and eight uncovered spaces and provides adequate circulation for vehicular access in accordance with Chapter 18.74 Parking regulations.

2. That the design and location of the proposed development and its relation to neighboring developments and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood, will not unreasonably interfere with the use and enjoyment of neighboring developments, and will not create traffic congestion or hazard, in that; City of Santa Clara Printed on 8/11/2021Page 2 of 5
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· The proposed project would not generate an increase in trips previously anticipated with the analysis undertaken as part of the land use study in the 2010-2035 General Plan and further analyzed and determined to be less than significant in the Mitigated Negative Declaration prepared for this project. · On balance, the project is consistent with the City’s General Plan as discussed below.

TABLE 1: PROJECT CONSISTENCY WITH SANTA CLARA GENERAL PLAN LAND USE

POLICIES
Land Use Policies Project Consistency

5.3.1-P2: Encourage advance notification and
neighborhood meetings to provide an opportunity
for early community review of new development
proposals.

The project included a community meeting
and posted Notice of Development
Proposal on the project site.

5.3.1-P3: Support high quality design consistent
with adopted design guidelines and the City’s
architectural review process.

The project includes a variety of materials
and design techniques when combined
makes the project aesthetically compatible
with the vision of the area.

5.3.1 ‐
P4: Encourage new development that
meets the minimum intensities and densities
specified in the land use classifications or as
defined through applicable Focus Area,
Neighborhood Compatibility or Historic
Preservation policies of the General Plan.

The project’s density is within the minimum
and maximum range indicated in the
General Plan. The parcel at 1530 Pomeroy
is approximately .23 acre and would house
2 single family homes at a density of 8.7
du/acre that is consistent with the density
for the Very Low Density General Plan
designation (up to 10 du/acre). The parcel
at 1540 Pomeroy is approximately .25 acre
and would develop six units at a density of
24 du/acre consistent with the density
range of the Community Mixed Use
designation (20-36 du/acre).

5.3.1 ‐
P9: Require that new development provide
adequate public services and facilities,
infrastructure, and amenities to serve the new
employment or residential growth.

The project will be required to upgrade
infrastructure facilities in accordance with
the City’s policies.

5.3.1 ‐
P10: Provide opportunities for increased
landscaping and trees in the community,
including requirements for new development to
provide street trees and a minimum 2:1 on
‐
or off
site replacement for trees removed as part of the
proposal to help increase the urban forest and
minimize the heat island effect.

Project would remove the existing
vegetation and develop a landscape plan
consistent with the City’s tree replacement
policy. Site would be developed with
drought tolerant and water efficient
landscaping. The site frontage would be
planted with new street trees in accordance
with the City Requirements.

5.3.1 ‐
P12: Encourage convenient pedestrian
connections within new and existing
developments.

The project would include 5’ wide sidewalk
with 4.5’ wide planter strip along the
property frontage connecting to existing
developments.

5.3.1 ‐
P29 Encourage design of new
development to be compatible with, and sensitive
to, nearby existing and planned development,
consistent with other applicable General Plan
policies.

The project would construct six 3 story
townhomes oriented towards the adjacent
commercial uses and two 2-story single
family homes oriented towards the adjacent
single family homes.

5.3.2 ‐
P8: Require new residential development
to comply with applicable regulations for the
provision of affordable housing.

The project will be required to provide one
affordable dwelling unit or pay an in-lieu
fee.

5.5.2 ‐
P1 Require that new development
incorporate building articulation and architectural
features, including front doors, windows, stoops,
porches or bay windows along street frontages,
to integrate new development into existing
neighborhoods.

The buildings’ orientation and architectural
features have been employed in the project
to integrate and promote compatibility with
the existing neighborhood.

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TABLE 1: PROJECT CONSISTENCY WITH SANTA CLARA GENERAL PLAN LAND USE