Resolution/ 3575 De La Cruz Boulevard - Vesting Tentative Subdivision Map Page 1 of 5 Rev. Rev: 11/22/17
RESOLUTION NO. __________
A RESOLUTION OF THE CITY OF SANTA CLARA,
CALIFORNIA TO APPROVE A VESTING TENTATIVE
SUBDIVISION MAP (PLN22-00518) AT 3575 D E LA CRUZ
BOULEVARD, SANTA CLARA
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
WHEREAS, on October 26, 20 22, Habitat for Humanity (“Applicant”) filed an application (PLN22-00518) to develop the 0.69 acre , City-owned parcel , located at 3575 De La Cruz Boulevard (“Project Site”) with 15 condominium units;
WHEREAS, on February 1 , 2 023, the Architectural Review (PLN22-00518) to construct 15 condominium units utilizing Assembly Bill (AB ) 3194 (2018) was approved at the Development Review Hearing (DRH);
WHEREAS, the application (PLN22-00518) is for a Vesting Tentative Subdivision Map t o subdivide the parcel into 15 condominium lots, driveway, required parking, common and private open spaces, and a common parcel to serve the development; WHEREAS, the pr oposed subdivision is consistent with the approved site plan and improvements on the Project Site for the development of 15 condominium unit arrangement with surface parking, landscaped open space areas, and associated utilities as entitled on Februar y 1, 2023;
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; WHEREAS, on February 14, 2023, the Subdivision Clearance Committee determined that the application was complete and that the proposed Vesting Ten tative Subdivision Map s hould proceed to the Planning Commission in conformance with Section 17.05.300 of the SCCC; Resolution/ 3575 De La Cruz Boulevard - Vesting Tentative Subdivision Map Page 2 of 5 Rev. Rev: 11/22/17
WHEREAS, the proposal is to create 15 condominium lots with common areas to serve the development (“Project”) as sh own on the Vesting Tentati ve Subdivision Map, attached hereto and incorporated herein by this reference;
WHEREAS, an Appendix N checklist was prepared in accordance with Public Resources Code Section 20194.5 and State CEQA Guidelines Section 15183.3, Streamlining for Infill Projects, and was adopted at the Development Review Hearing on February 1, 2023, at a publicly noticed meeting;
WHEREAS, the proposed Vesting Tentative Subdivision Map is consistent with the previously approved Project (architectural approval) and would not res ult in a new impact on the environment or significantly increase the severity of any previously identified impact; WHEREAS, SCCC Section 17.05.300(h) requires that the City Council conduct a public hearing before the approval of a Vesting Tentative Subdivision Map for the division of land; WHEREAS, on February 23 , 2023, notices of the public hearing on the Vesting Tentative Subdivision Map w ere posted within 300 feet of the Project Site and mailed to all property owners within 1,000 feet of the property, according to the most recent Assessor’s roll; WHEREAS, a notice of the public hearing was published in T he Weekly, a newspaper of general circulation, on February 22, 2023, for the March 8, 2023, Planning Commission meeting and April 4, 2023, City Council Meeting;
WHEREAS, the Planning Commission held a duly noticed public hearing on Ma rch 8, 2023, at the conclusion of which, the Planning Commission voted unanimously to recommend t hat the City Council approve the Vesting Tentative Subdivision Map; WHEREAS, on April 4, 2023, the City Council held a duly noticed public hearing to consider the Vesting Tentative Subdivision Map application, at which time all interested persons were given an opportunity to give testimony and the City Council considered the information presented i n the Staff Report and all verbal and written evidence.
Resolution/ 3575 De La Cruz Boulevard - Vesting Tentative Subdivision Map Page 3 of 5 Rev. Rev: 11/22/17
NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. That the City Council h ereby 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 City Council 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 ex isting 0.69 acre Project Site into 15 condominium lots to effectuate the previously approved residential development of 15 condominium units, driveway, required parking, common and private open spaces , and a common parcel to serve the development with shared maintenanc e of the building and public and private site improvements compatible with neighboring low intensity residential development to th e north and to the east, and the industrial uses to the south of the project site, subject to conditions set forth in the Conditions of Vesting Tentati ve 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 affordable 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 i t transforms th e vacant lot 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 suitab le for the proposed type of development , in that the Project provides a transition between low intensity residential development and the existing industrial uses to the south of the project site.
D. The site is phys ically suitable for the proposed intensi ty of development, in that the Project Site is located in an urbanized area and is served by existing utilities and infrastructure.
E. The design of the subdivision and type of improveme nts are not likely to caus e serious health problems, in that the p roposed residential subdivision will im plement Covenants Conditions and Restr ictions 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 i mprovements 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 subdi vision includes mitigation measures, as identified in the Appendix N checklist, that will reduce impacts to less-than-significant levels.
G. The design of the subdivis ion and type of improv ements will no t 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 th at 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 findi ngs set forth in this Resolution and the evidence in the Staff Report and such other evidence as received at the publ ic hearings on this matter , the City Council hereby approves the Vesting Tentative Subdivision Map , substantially in the form on file as shown on the attached Vesting Tentative Subdivi sion 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 CITY OF SANTA CLARA, CALIFORNIA, AT A RE GULAR MEETING THEREOF HELD ON THE 4TH DAY OF APRIL 2023, BY THE FOLLOWING VOTE:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
ATTEST:
NORA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
Attachments Incorporated by Reference:
1. Vesting Tentative Subdivision Map
2. Conditions of Vesting Tentative Subdivision Map Approval