RESOLUTION NO. _________
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)
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 parcels in to two substandard lots of 5,359 square-foot and 4,027 square foot; 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 renovation of a property in a manner consistent with the Secretary of the Interior’s Standards; WHEREAS, the proposed parcel map is exempt per CEQA Section 15315, Minor 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 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 this Resolution incorporates, and by this reference makes a part hereof, that certain Vesting Tentative Parcel Map, attached hereto as Exhibit “Tentative Parcel Map”.
2. Tentative Parcel Map Findings. Pursuant to California Government Code Sections 66426 and 66428 and Section 17.05.400(f) of SCCC, the City Council 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 General Plan in that the proposed 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 improvements 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 physically suitable for the proposed type of development in that 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 urbanized area and allows for redevelopment consistent with the height, uses and development similar to the surrounding area.
E. The design of the subdivision and type of improvements are not likely to cause serious health problems in that the proposed use is for residential development in an area surrounded by residential development and does not propose the use of hazardous chemicals or 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 is located in an urbanized setting, on a previously developed site.
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 10th DAY OF OCTOBER, 2023 BY THE FOLLOWING VOTE:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
ATTEST: __________________________
NORA PIMENTEL, MMC
ASSISTANT CITY CLERK
Attachments incorporated by reference:
1. Conditions of Approval – Tentative Parcel Map
2. Tentative Parcel Map
Resolution/1365 Main Street and 1070 Lewis Street - Tentative Parcel Map Page PAGE 2 of 4 Rv. Rev: 11/22/17