Resolution/ 3575 De La Cruz Boulevard - Vesting Tentative Subdivision Map Rev. Rev: 11/22/17
RESOLUTION NO. 23-9214
A RESOLUTION OF THE CITY OF SANTA CLARA,
CALIFORNIA, TO APPROVE A VESTING TENTATIVE
SUBDIVISION MAP (PLN22-00518) AT 3575 DE LA CRUZ
BOULEVARD, SANTA CLARA
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
WHEREAS, on October 26, 2022, 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, 2023, 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 to 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 proposed 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 February 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 Tentative Subdivision Map should 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 Rev. Rev: 11/22/17
WHEREAS, the proposal is to create 15 condominium lots with common areas to serve the development (“Project”) as shown on the Vesting Tentative 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 result 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 were 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 The 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 March 8, 2023, at the conclusion of which, the Planning Commission voted unanimously to recommend that 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 in the Staff Report and all verbal and written evidence.
Resolution/ 3575 De La Cruz Boulevard - Vesting Tentative Subdivision Map Rev. Rev: 11/22/17
NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. That the City Council 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 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 existing 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 maintenance of the building and public and private site improvements compatible with neighboring low intensity residential development to the 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 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 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 it transforms the vacant lot to a medium density residential development that would transition i n 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 Rev. Rev: 11/22/17
C. The site is physically suitable 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 physically suitable for the proposed intensity 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 improvements are not likely to cause serious health problems, in t hat 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 Appendix N checklist, that will reduce impacts 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. //
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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, the City Council hereby approves the Vesting Tentative Subdivision Map, substantially in the form on file as shown on the attached Vesting Tentative Subdivision Map and Conditions of Vesting Tentative Subdivision Map Approval, hereby incorporated by this reference.
4. 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 REGULAR MEETING THEREOF HELD ON THE 4TH DAY OF APRIL 2023, BY THE FOLLOWING VOTE:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED : COUNCILORS :
Attachments Incorporated by Reference:
1. Vesting Tentative Subdivision Map
Chahal, Hardy, Jain, Park, and Watanabe, and
Mayor Gillmor
None
Becker
None
•
ATTEST:-9-11&,,,&,,._..==-c,""""""= ......:i---,--+-----
NORA PIMENTEL , M
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
2. Conditions of Vesting Tentative Subdivision Map Approval Resolution/ 1530 AND 1540 Pomeroy Avenue- Vesting Tentative Subdivision Map Rev. Rev: 11/22/17
COVER SHEET
C1.0
1 COPYRIGHT © BKF ENGINEERS2021 5
HABITAT FOR HUMANITY
APN 101-15-049
3575 DE LA CRUZ BOULEVARD, SANTA CLARA CA
C 60251 CHRISTOPHER C. MILLS
BKF ENGINEERS
1646 N. CALIFORNIA BLVD.
SUITE 400
WALNUT CREEK, CA 94596
(925) 940-2200
www.bkf.com
200781_DCPR_TENT-01_PROJ.dwg
Plot Feb 15, 2023 at 2:09pm
HABITAT FOR HUMANITY
3575 DE LA CRUZ BOULEVARD, SANTA CLARA CA, 95054
VICINITY MAP
VESTING TENTATIVE PARCEL MAP
FOR CONDOMINIUM PURPOSES
BASIS OF BEARINGS
BENCHMARK
PROPERTY ADDRESS:
GENERAL NOTES:
ENGINEER:
OWNER AND SUBDIVIDER:
PROJECT DATA:
PROJECT
LOCATION
GREENWOOD DR
EASTWOOD CIR
NELO ST
ALDO AVE
GUADALUPE RIVER
WOODSTOCK WAY
LAURIE AVE
BAIRD AVE
MACGREGOR LN
LAURIE AVE
MACINTOSH ST
DE LA CRUZ BLVD
ABBREVIATIONS
CIVIL SHEET INDEX
ENGINEER'S STATEMENT:
PURPOSE:
Δ
DE LA CRUZ BLVD
LEGEND NOTES KEYNOTES
EXISTING CONDITIONS AND DEMOLITION
PLAN
C2.0
21" = 10'scale
10 0 10
feet
20 COPYRIGHT © BKF ENGINEERS2021 5
HABITAT FOR HUMANITY
APN 101-15-049
3575 DE LA CRUZ BOULEVARD, SANTA CLARA CA
C 60251 CHRISTOPHER C. MILLS
BKF ENGINEERS
1646 N. CALIFORNIA BLVD.
SUITE 400
WALNUT CREEK, CA 94596
(925) 940-2200
www.bkf.com
200781_DCPR_TENT-02_DEMO.dwg
Plot Feb 15, 2023 at 2:09pm
DE LA CRUZ BLVD.
LOT 1
FOR FUTURE
CONDOMINIUM
PURPOSES
LEGEND NOTES
1" = 10'scale
10 0 10
feet
20 VESTING TENTATIVE MAP LOTTING PLAN
C3.0
3 COPYRIGHT © BKF ENGINEERS2021 5
HABITAT FOR HUMANITY
APN 101-15-049
3575 DE LA CRUZ BOULEVARD, SANTA CLARA CA
C 60251 CHRISTOPHER C. MILLS
BKF ENGINEERS
1646 N. CALIFORNIA BLVD.
SUITE 400
WALNUT CREEK, CA 94596
(925) 940-2200
www.bkf.com
200781_DCPR_TENT-03_GRAD.dwg
Plot Feb 15, 2023 at 2:09pm
________________________________________________________________________________ PLN22-00518 3575 De La Cruz Boulevard Page 1 of 2
Planning Commission Hearing March 8, 2023
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CONDITIONS OF VESTING TENTATIVE SUBDIVISION MAP APPROVAL
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
& COMMUNITY SERVICES DIVISION
H1.
PLANNING DIVISION
P1. The project shall comply with the Conditions of Architectural Review approvals (PLN22-00518) and the mitigation measures identified in the Appendix N Checklist prepared for the project.
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 submitted within a Single Encroachment Permit to be reviewed and 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/encroachment permit plans prepared in accordance with City Public Works Department procedures which provide for the installation of public improvements directly to the Public Works Department. Plans shall be prepared by a Registered Civil Engineer and approved by the City Engineer prior to approval and recordation of final 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. Damaged curb, gutter, and sidewalk within the public right-of-way along property’s frontage shall be repaired or replaced (to the nearest score mark) in a manner acceptable to the City Engineer or his designee. The extents of said repair or replacement within the property frontage shall be at the discretion of the City Engineer or his designee.
________________________________________________________________________________ PLN22-00518 3575 De La Cruz Boulevard Page 2 of 2
Planning Commission Hearing March 8, 2023
E6. Dedicate required on-site easements for any new sidewalk, public utilities and/or emergency vehicle access by means of subdivision map or approved instrument at time of development.
E7. 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.
E8. After City Council approval of the Tentative Map, submit 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.
WATER & SEWER
W1. Related Approvals: Applicant shall comply with all related City approvals, entitlements, permits, or requirements associated with the subject property, unless explicitly superseded or revised by the Director of Water and Sewer Utilities.
W2. 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 f eet 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.