Resolution/1365 Main Street and 1070 Lewis Street - Tentative Parcel Map Page 1 of 4 Rv. Rev: 7/27/2023
RESOLUTION NO. 23-9276
A RESOLUTION OF THE CITY OF SANTA CLARA,
CALIFORNIA, APPROVING THE TENTATIVE PARCEL MAP
FOR THE PROPERTY LOCATED AT 1365 MAIN STREET AND
1070 LEWIS STREET, SANTA CLARA
PLN21-15422 (Tentative Parcel Map)
WHEREAS, On December 23, 20 21, Mark Robson on behalf of Pear T ree Investments, LLC (the “Owner”) submitted a formal application requesting to rezone the property at 1365 Main Street and 1070 Lewis Street (“Project Site”) from R1-6L to PD -Planned Development, and a Tentative Parcel Map to subdivide one parcel to two parcels to create a separate lot for 1070 Lewis Street. The development includes an Architectural Approval to a listed historical resource at 1365 Main Street for inte rior and exterior alterations, addition, and construct ion of two new parking garages, and a new second-story accessory dwelling unit (ADU) at 1070 Lewis Street; WHEREAS, the two houses at 1365 Main Street and 1070 Lewis Street sit on a 9,386 square - foot, L-shaped lot located on the northwest corner of the block bound by Lewis Street to the north and Main Street to the west;
WHEREAS, the Project Site is currently zoned as R1-6L – Single-family Residential; WHEREAS, the Project Site has a Gener al Plan land use des ignation of Very Low Density Residential;
WHEREAS, a rezone of the property to PD is required to allow creative development standards for site and building design, that are not otherwise allowed in standard zoning districts, to maintain the proposed two detached single- family dwelling units and construct two detached garages and an ADU on two proposed substandard sized lots (“Project”) as shown on the Development Plans, attached as Exhibit “Development Plans.”; WHEREAS, the proposed Tentative Parcel Map would subdivide a 9,386 square -foot L-shape parcels in to two substandard lots of 5,359 square-foot and 4,027 square foot; //
Resolution/1365 Main Street and 1070 Lewis Street - Tentative Parcel Map Page 2 of 4 Rv. Rev: 7/27/2023
WHEREAS, the proposed project is categorically exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15301 – Class 1 Existing Facilities, in that the project involves the repairs and alterations to a historic single- family residence and per Section 15331 – Class 31 Historical Resource Restoration/Rehabilitation, in that the project concerns the r enovation of a property in a manner consistent with the Secretary of the Interior’s Standards;
WHEREAS, the proposed parcel map is exempt per CE QA Sec tion 15315, Mi nor Land Divisions of the California Environmental Quality Act, in that the project involves the subdivision of urbanized land into fewer than five parcels and is served by existing municipal facilities; WHEREAS, the Project was reviewed and recommended for approval by the Historical and Landmarks Commission at the regular Historical and Landmark s Commission meeting on May 17, 2023;
WHEREAS, the Project was reviewed and recommended for approval of the Rezone by the Planning Commission on August 23, 2023;
WHEREAS, on September 29, 2023, notice of this item was posted in three conspicuous locations within 300 feet of the project site and mailed to pro perty owners within 300 feet of the project site; and
WHEREAS, on October 10, 2023 , the City C ouncil held a duly noticed public hearing to consider the Rezoning, Architectural Approval, and Tentative Pa rcel Map, at which time all interested persons were gi ven an opportunity to provide t estimony and present evidence, both in support of and in opposition to the proposed rezoning.
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. That this Resolution incorporates, and by this reference makes a part hereof, that certain Vesting Tentative Parcel Map, attached hereto as Exhibit “Tentative Parcel Map”. //
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Resolution/1365 Main Street and 1070 Lewis Street - Tentative Parcel Map Page 3 of 4 Rv. Rev: 7/27/2023
2. Tentative Parcel Map Findings. Pursuant to California Gove rnment Code Sections 66426 and 66428 and Section 17.05.400(f) of SCCC, the City Co uncil finds and determines that:
A. The Tentative Parcel Map is consistent with the objectives, policies, general land use and programs specified in the City’s Gene ral Plan in that the propose d Tentative Parcel Map would creates tracts of land suitable to support residential development consistent with the General Plan designation for the site.
B. The design and impr ovements of the proposed subdivision are consistent with the City’s General Plan in that the Tentative Parcel Map is subject to the conditions set forth in Exhibit “Conditions of Approval – Tentative Parcel Map”, attached hereto and incorporated by this reference.
C. The site is physic ally suitable for the proposed type of devel opment in t hat site surrounding by one- and two-story single-family residential uses, and the site is accessed via local transit and transportation corridors served by existing municipal facilities.
D. The site is physically suitable for the proposed density of development in that the site is located in an urb anized area and allows for redevelopment consistent with the height, uses and development similar to the surrounding area.
E. The design of the subdivi sion and type of improvements are not likely to cause serious health problems in that the proposed use i s for residential development in an area surrounded by residential development and does not p ropose the use of hazardous chemicals or materials.
F. The design of the subdivision and type of improvement s 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 is located in an urbanized setting, on a previously developed site.
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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, the project is designed to avoid encroachments 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, the City Council hereby approves the Tentative Parcel Map, substantially in the form on file as shown in the "Tentative Parcel Map" attached hereto, subject to conditions of approval attached as "Conditions of Approval" and 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 COUNCIL AT A REGULAR MEETING THEREOF HELD ON THE 24m DAY OF OCTOBER, 2023 , BY THE FOLLOWING VOTE:
AYES: COUNCILORS:
NOES: COUNCILORS :
ABSENT: COUNCILORS :
ABSTAINED : COUNCILORS :
Attachments incorporated by reference:
1. Conditions of Approval - Tentative Parcel Map
2. Tentative Parcel Map
Becker, Chahal, Hardy, Jain, Park, and Watanabe
None
None
Mayor Gillmor
ATTEST:~
NORA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
Resolution/1365 Main Street and 1070 Lewis Street - Tentative Parcel Map Rv. Rev: 7/27/2023
1365 Main Street and 1070 Lewis Street PLN21-15422
Conditions of Tentative Parcel Map Approval
CONDITIONS OF TENTATIVE PARCEL MAP APPROVAL
In addition to complying with all applicable codes, regulations, ordinances and resolutions, the following conditions of approval are recommended:
GENERAL
G1. 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.
G2. Comply with all applicable codes, regulations, ordinances and resolutions.
ATTORNEY’S OFFICE
A1. The Developer agrees to defend and i ndemnify 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
P1. Comply with all conditions under the Planning approval under, PLN21-15422.
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. 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
1365 Main Street and 1070 Lewis Street PLN21-15422
Conditions of Tentative Parcel Map Approval
repair or replacement within the property frontage shall be at the discretion of the City Engineer or his designee.
E6. 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.
WATER
W1. New Potable Water Services: For each parcel that will be served by an onsite fire suppression system (e.g. fire sprinklers), the project shall be required to upgrade the existing potable water service to a 1” service and meter.
W2. Utility Separations: All new potable water services shall maintain a minimum of 10’ separation from sewer laterals.
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 co mply 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 indicat e 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 back flow configurations to scale and per City of Santa Clara Water & Sewer Ut ilities Standard Details. 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 f ace 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 horizont al 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, biofil tration swales, etc.) allowed over sanitary sewer, potable water and/or r ecycled water utilities and easements.
1365 Main Street and 1070 Lewis Street PLN21-15422
Conditions of Tentative Parcel Map Approval
W6. 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.
W7. 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.
W8. 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.
W9. Prior to issuance of Building Permits, the applicant shall submit plan details for all water features (inclu ding 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.
W10. 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 w ith proposed easements and water utilities.
W11. Underground Fire Permit: Pr ior 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 i nformation 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 deman d and code requirements.
W12. 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.
I:\PLANNING\2021\Project Files Active\PLN21-15422 1365 Main St (PD_ Mills Act)\CC\Conditions of Tentative Parcel Map Approval - Copy.doc
VICINITY MAP
SITE
PREPARED FOR:
CALIFORNIASAN JOSE • •
ROBSON HOMES
TENTATIVE PARCEL MAP
1365 MAIN STREET
CONSISTING OF A 2 LOT SUBDIVISION INCLUDING A MAXIMUM OF 2 RESIDENTIAL UNITS (2 SINGLE FAMILY UNITS, ACCESSARY DWELLING UNITS & GARAGE)
SANTA CLARA CALIFORNIA