Resolution/ 3000 Patrick Henry Drive - Vesting Tentative Map Page 1 of 5 Rev. Rev: 11/22/17; Typed: 04/05/19
RESOLUTION NO. __________
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
TO APPROVE A VESTING TENTATIVE MAP (PLN22-00458) AT
3000 PATRICK HENRY DRIVE, SANTA CLARA
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
WHEREAS, on August 15, 2022, Summerhill Apartment Communities (“Applicant”) on behalf of Pactron Ventures (“Property Owner s”) filed an application (PLN22-00458) to subdivide one existing parcel into two lots with one condominium unit with a total lot area of 2.52 acres, located at 3000 Patrick Henry Drive (“Project Site”) in accordance with the development plan (PLN22- 00458) approved for the Project Site;
WHEREAS, on March 15, 2023, the Architectural Review (PLN22-00458) to construct a 7-story 307-unit mixed use apartment community containing 4,000 square feet of retail space, 5,000 square-foot community/civic art center condominium space, and an approximately 9,250 square- foot dedicated Art Park was approved at the Development Review Hearing (DRH); WHEREAS, the application is for a Vesting Tentative Map (PLN22 -00458) to subdivide one existing parcel into two lots with one condominium unit 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 a 7-story 307-unit mixed use apartment community containing 4,000 square feet of retail space, 5,000 square -foot community/civic art center condominium space, and an approximately 9,250 square- foot dedicated Art Park as entitled on March 15, 2023;
WHEREAS, pursuant to Section 17.05.220 of the Code of the City of Santa Clara (“SCCC”), a Tentative Parcel Map shall be required for all divisions of land into four or fewer parcels; WHEREAS, on February 14, 2023, the Subdivision Clearance Committee determined that the application was complete and that the proposed Vesting Tentative Map should proceed to the City Council in conformance with Section 17.05.220 of the SCCC; Resolution/ 3000 Patrick Henry Drive - Vesting Tentative Map Page 2 of 5 Rev. Rev: 11/22/17; Typed: 04/05/19
WHEREAS, an Addendum to the Patrick Henry Drive Specific Plan Environmental Impact Report (“EIR”) and Mitigation Monitoring and Reporting Program was prepared in accordance with the California Environmental Quality Act and approved at the Development Review Hearing on March 15, 2023, for the Project;
WHEREAS, the proposed Vesting Tentative 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, SCCC Section 17.05.220 requires that the City Council conduct a public hearing before the approval of a Vesting Tentative Parcel Map for the division of land; WHEREAS, on March 30, 2023 , notices of the public hearing on the Vesting Tentative Parcel 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 March 29, 2023, for a meeting to be conducted on May 23, 2023; and WHEREAS, on May 23, 2023, the City Council held a duly noticed public hearing to consider the Vesting Tentative Parcel 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.
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 Parcel 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 Map is consistent with the objectives, policies, general land uses and programs specified in the City’s General Plan in that the Vesting Tentative Map
Resolution/ 3000 Patrick Henry Drive - Vesting Tentative Map Page 3 of 4 Rev. Rev: 11/22/17
subdivides the existing 2.52-acre Project Site into two lots with one condominium unit to effectuate the previously approved residential development of a 7-story 307 -unit mixed use apartment community containing 4,000 square feet of retail space, 5,000 square -foot community/civic art center condominium space, and an approximately 9,250 square-foot dedicated Art Park, subject to conditions set forth in the Conditions of Vesting Tentative 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 Parcel Map facilitates development of a diversified housing stock for the community; and furthermore complies with the General Plan Land Use Designation for the site and the Patrick Henry Drive Specific Plan in that it transforms the underutilized properties from a vacant, low -intensity industrial use to a high 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.
C. The site is physically suitable for the proposed type of development, in that the Project will be the first site to transition within the Patrick Henry Drive Specific Plan area to residential use, as contemplated by the Specific Plan.
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 t o cause serious health problems, in that the operation and maintenance of the building and site improvements 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
Resolution/ 3000 Patrick Henry Drive - Vesting Tentative Map Page 4 of 4 Rev. Rev: 11/22/17
the proposed subdivision includes mitigation measures, as identified in the EIR 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 Parcel 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 City Council, the City Council hereby approves of the Vesting Tentative Map, substantially in the form on file as shown on the attached Vesting Tentative Map and Conditions of Vesting Tentative Map Approval, attached hereto and incorporated herein 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 23RD DAY OF MAY 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 Map
2. Conditions of Vesting Tentative Map Approval