Cities Index.
Resolution - Rezone

City Council and Authorities Concurrent
October 24, 2023

Document
Resolution - Rezone
Meeting
October 24, 2023
Body
City Council and Authorities Concurrent
Original file
42 KB
Text extracted from the city's file for reading and search. Open the original on santaclara.legistar1.com. That file is the official record.

RESOLUTION NO. __________
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA APPROVING A REZONING FROM R1-6L – SINGLE-FAMILY RESIDENTIAL TO PD - PLANNED DEVELOPMENT OF THE PROPERTY LOCATED AT 1365 MAIN STREET AND 1070 LEWIS STREET, SANTA CLARA, CALIFORNIA PLN21-15422 (Rezoning)
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, On December 23, 2021, Mark Robson on behalf of Pear Tree 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 interior and exterior alterations, addition, and construction 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 General Plan land use designation 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 parcel into two substandard lots of 5,359 square feet and 4,027 square foot; WHEREAS, the Project proposes a second-story ADU above the proposed detached two-car garage at 1070 Lewis Street; WHEREAS, the proposed project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Class 1 -- Existing Facilities), in that the project involves the repairs and alterations to a historic single-family residence and pursuant to CEQA Guidelines Section 15331 (Class 31 -- Historical Resource Restoration/Rehabilitation), in that the project concerns the renovation of a property in a manner consistent with the Secretary of the Interior’s Standards; WHEREAS, the Project was reviewed and recommended for approval by the Historical and Landmarks Commission at the regular Historical and Landmarks 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 property owners within 300 feet of the project site; and WHEREAS, on October 10, 2023, the City Council held a duly noticed public hearing to consider the Rezoning, Architectural Approval, and Tentative Parcel Map, at which time all interested persons were given an opportunity to provide testimony and present evidence, both in support of and in opposition to the proposed rezoning.

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. That the City Council hereby rezones the Project Site, as shown on Exhibit “Development Plans” and conditioned in Exhibit “Conditions of Approval”, incorporated herein by this reference, from R1-6L-Single-family Residential to PD-Planned Development to allow creative development standards for site and building design, that are not otherwise allowed in standard zoning districts, to construct the proposed two detached single-family dwelling units, two detached garages and an ADU on two proposed substandard sized lots.

3. Pursuant to SCCC Code Section 18.112.050, the City Council determines that the following findings exist in support of the rezoning:

A. The existing zoning is inappropriate or inequitable, in that the substandard lot size makes compliance with the R1-6L zoning standards impractical for residential development of this type.

B. The proposed zone change will conserve property values, protect or improve the existing character and stability of the area in question, and will promote the orderly and beneficial development of such area in that the proposal would rehabilitate and expand the existing residential unit on the Project Site in a manner compatible with surrounding properties.

C. The proposed zone change is required by public necessity, public convenience, or the general welfare of the City in that the proposed zone change would facilitate the maintenance and preservation of the existing house on the Project Site in proximity to transit facilities along El Camino Real.

D. The proposed zone change would allow imaginative planning and design concepts to be utilized that would otherwise be restricted in other zoning districts, in that the proposed zone change would allow for the preservation of the existing historic resource at 1365 Main Street house on a smaller parcel, and that would facilitate the expansion, new construction of two detached garages and a new ADU in a manner that complies with the policies and intent of the General Plan envisioned for this area.

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 10th DAY OF OCTOBER, 2023 BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST:

NORA PIMENTAL, MMC

ASSISTANT CITY CLERK
Attachments Incorporated by Reference:

1. Conditions of Approval

2. Development Plans
Resolution/ 1365 Main Street and 1070 Lewis Street - Rezone Page PAGE 1 of 4 Rev. Rev: 11/22/17
Redundant of paragraph 2.

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