Resolution/ 3378-3386 El Camino Real - Vesting Tentative Subdivision Map Page 1 of 5 Rev. Rev: 7/27/2023
RESOLUTION NO. 23-9288
A RESOLUTION OF THE CITY OF SANTA CLARA,
CALIFORNIA, TO APPROVE A VESTING TENTATIVE
SUBDIVISION MAP (PLN23-00024) AT 3378-3386 El CAMINO
REAL, SANTA CLARA
WHEREAS, on January 12, 2022, VeGuard USA LLC (“Applicant”) filed an application (PLN23- 00024) to develop the 0. 88 acre parcel, located at 3378-3386 El Camino Real (“Project Site”) with 22 townhouse units;
WHEREAS, on August 16, 2023 , the Architectural Review (PLN22-00304) to construct 22 townhome units utilizing Assembly Bill (AB) 3194 (2018) was approved at the Development Review Hearing (DRH);
WHEREAS, the application (PLN23-00024) is for a Vesting Tentative Subdivision Map to subdivide the parcel into 22 for-sale townhouse units, driveway, required parking, common and private open spaces, and a common parcel to serve the development; WHEREAS, the pr oposed subdivision is consistent with the approved site plan and improvements on the Projec t Site for the development of 22 townhouse unit arrangement with surface parking, landscaped open space areas, and associated utilities as approved on August 16, 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 June 27 , 2023 , the Subdivision Clearance Committee determined that the application was complete and that the proposed Vesting Ten tative Subdivis ion Map should proceed to the Planning Commission in conformance with Section 17.05.300 of the SCCC; WHEREAS, the proposal is to create 22 for-sale townhouse units with common areas to serve the development (“Project” ) as s hown on th e proposed Vesting Tent ative Subdivision Map , attached hereto and incorporated herein by this reference; Resolution/ 3378-3386 El Camino Real - Vesting Tentative Subdivision Map Page 2 of 5 Rev. Rev: 7/27/2023
WHEREAS, an Initial Study and Mitigated Negative Declaration was prepared in accordance with State CEQA Guidelines to address the potential environmental impacts of the project, and was adopted at the Development Review Hearing on August 16, 2023, at a publicly noticed meeting;
WHEREAS, the proposed Vesting Tentative Subdivision Map is consistent with the previously approved Project (Architectural Review 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 September 28 , 2023, notices of the public hearing on the Vesting Tentative Subdivision Map w ere 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 he aring was published in T he Weekly, a newspaper of general c irculation, on September 27, 2023, for the October 11, 2023, Planning Commission meeting and December 5, 2023, City Council Meeting;
WHEREAS, the Planning Commission held a duly noticed public hearing on October 11, 2023, at the conclusion of which, the Planning Commission voted (5-0-2) to recommend that the City Council approve the Vesting Tentative Subdivision Map;
WHEREAS, on December 5, 2023, the City Council held a duly noticed public hearing t o 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.
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. That the City Council hereby finds that the above Recitals are true and corr ect and by this reference makes them a part hereof.
Resolution/ 3378-3386 El Camino Real - Vesting Tentative Subdivision Map Page 3 of 5 Rev: 11/22/17
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 speci fied in the City’s General Plan in that the Vesting Tentative Subdivision Map subdivides the ex isting 0.88 acre Project Site into 22 for -sale townhouse units to effectuate the previously approved residential development of 22 townhouse units, driveway, required parking, common and private open spaces , and a common parcel to serve the development with sha red m aintenance o f the building and public and pr ivate site improvements compatible w ith nei ghboring residential developments to the west and t o the south, and the commercial uses to the east and across the street from El Camino Real to the north of the pr oject site, subject to conditions set fort h 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 opportunitie s for the community; and furthermore complies with General Plan Land Use and Transitional Goals and Polices of the General Plan in that i t trans forms th e underutilized lot to a mediu m density residential development that would transition in scale and i ntensity 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 th e proposed type of development, in that the Project is compatible with the existing adjacent commercial and residential uses.
D. The site is phys ically suitable for the proposed intensity of development, in that the Project Site is in an urbanized area and is served by existing utilities and infrastructure.
Resolution/ 3378-3386 El Camino Real - Vesting Tentative Subdivision Map Page 4 of 5 Rev: 11/22/17
E. The design of the subdivision and type of improveme nts are not likely to caus e serious health problems, in tha t the pr oposed residential subdivision will implement Covenants Conditions and Restr ictions 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 ty pe of im provements 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 Mitigated Negative Declaration, that will reduce impacts to less-than-significant levels.
G. The design of the subdivis ion and type of improv ements will no t confl ict 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 flexibil ity 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 subject to the 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 5TH DAY OF DECEMBER , 2023, BY THE FOLLOWING VOTE:
AYES: COUNCILORS:
NOES: COUNCILORS :
ABSENT : COUNCILORS:
ABSTAINED : COUNCILORS:
Attachments Incorporated by Reference:
1. Vesting Tentative Subdivision Map
Becker, Chahal, Hardy, Jain, Park, and Watanabe ,
and Mayor Gillmor
None
None
None
ATTEST: ~
NORA PIMENTEL , MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
2. Conditions of Vesting Tentative Subdivision Map Approval Resolution/ 3378-3386 El Camino Real - Vesting Tentative Subdivision Map Rev: 11 /22/17
BKFENGINEERS
1730N.FIRSTSTREET
SUITE 600
SAN JOSE, CA 95112
(408) 467-9100
www.bkf.com
________________________________________________________________________________ 3378-3386 El Camino Real- Tentative Map Planning Commission October 11, 2023 PLN23-00024
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
BUILDING DIVISION
BD1. Prior to overall construction permit application, submit to the Santa Clara Building Division, 2 copies of an addressing diagram request, to be prepared by a licensed architect or engineer.
The addressing diagram(s) shall include all proposed streets and all building floor plans. The addressing diagram(s) shall conform to Santa Clara City Manager Directive #5; Street Name and Building Number Changes, and Santa Clara Building Division Address Policy For Residential and Commercial Developments. The addressing diagram(s) shall indicate all unit numbers to be based off established streets, not alleys nor access-ways to garages. Allow a minimum of 10 working days for initial staff review. Please note city staff policy that existing site addresses typically are retired. Provide digital pdf printed from design software, not scanned from printed paper sheet.
a) Any building or structure that is demolished shall have its address retired and a new address/s shall be issued for the project.
BD2. The construction permit application drawings submitted to the Santa Clara Building Division shall include a copy of the latest Federal Emergency Management Agency (FEMA) Flood Zone Map: https://msc.fema.gov/portal/home. The project drawings shall indicate how the project complies with the Santa Clara Flood Damage Prevention Code. a. FEMA Flood Zone map designations and requirements are based on the map in effect at date of Building Permit issuance.
BD3. The construction permit application drawings submitted to the Santa Clara Building Division shall include Santa Clara Valley Urban Runoff Pollution Prevention Program Low Impact Development (LID) practices http://www.scvurppp-w2k.com/nd_wp.shtml. All projects that disturb more than one acre, or projects that are part of a larger development that in total disturbs more than one acre, shall comply with the Santa Clara Valley Urban Runoff Pollution Prevention Program Best Management Practices (BMP): http://www.scvurppp- w2k.com/construction_bmp.shtml, and shall provide a Storm Water Pollution Prevention Plan (SWPPP) by a certified Qualified SWPPP Developer (QSD). All site drainage and grading permit applications submitted to the Santa Clara Building Division shall include a city of Santa Clara "C3" data form, available on this web page:
________________________________________________________________________________ 3378-3386 El Camino Real- Tentative Map Planning Commission September 20, 2023 PLN23-00024
• https://www.santaclaraca.gov/our-city/departments-g-z/public-works/environmental- programs/stormwater-pollution-prevention and will be routed to a contract consultant for review.
BD4. No construction code review or analysis is being done at this time. The construction permit application drawings submitted to the Santa Clara Building Division shall include an overall California Building Code analysis, including; proposed use and occupancy of all spaces (19' CBC Ch. 3), all building heights and areas (19' CBC Ch. 5), all proposed types of construction (19' CBC Ch. 6), all proposed fire and smoke protection features, including all types of all fire rated penetrations proposed (19' CBC Ch. 7), all proposed interior finishes fire resistance (19' CBC Ch. 8), all fire protection systems proposed (19' CBC Ch. 9), and all means of egress proposed (19' CBC Ch. 10). -Noncombustible exterior wall, floor, and roof finishes are strongly encouraged.
• During construction retaining a single company to install all fire rated penetrations is highly recommended.
• The grade level lobbies shall be min.1 hour rated all sides and above. • All stair shafts shall be min. 1 hour rated.
• All elevator shafts shall be min. 1 hour rated.
• All trash chute shafts shall be min. 1 hour rated.
• Recommendation: provide a minimum of two trash chutes; one for recyclables, one for trash, each trash chute to be routed down to a grade level trash collection room. • Any trash rooms shall be min. 1 hour rated all sides and above.
BD5. The overall project construction permit application shall include the geotechnical, architectural, structural, energy, electrical, mechanical, and plumbing drawings and calculations. Prior to the issuance of the overall project construction permit, a conditions of approval review meeting must be held in city hall, which meeting must be attended by the on-site field superintendent(s). The meeting will not be held without the attendance of the on-site field superintendent(s). The on-site grading permit shall be a separate permit application to the Building Division.
BD6. Temporary Certificates of Occupancy will not be routinely issued and will be considered on a very limited basis only when there is a clear and compelling reason for city staff to consider a TCO. A TCO will be approved only after all applicable City staff have approved in writing; Planning, P.W./ Engineering, Fire Prev., Santa Clara Water, Silicon Valley Power, and any other applicable agencies such as the Santa Clara County Health Dept., with the Building Division being the final approval of all TCO.'s.
BD7. See Title 15 of the Santa Clara City Code for any amendments to the California Building Codes.
BD8. This project is subject to the provisions of the City of Santa Clara 2022 Reach Code, effective January 2022 See Ordinance No. 2034 and/or Title 15 of the Santa Clara City Code. • Chp. 15.36 – Energy Code for “all electric” provisions for new construction. ________________________________________________________________________________ 3378-3386 El Camino Real- Tentative Map Planning Commission September 20, 2023 PLN23-00024
• Chp. 15.38 – Green Building Code for additional Electric Vehicle Charging requirements for new construction.
PLANNING DIVISION
P1. The project shall comply with the Conditions of Architectural Review approvals (PLN22-00304) and the mitigation measures identified in the IS/MND prepared for the project.
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. All work within State right-of-way shall require a Caltrans encroachment permit.
E5. 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.
E6. 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.
E7. Dedicate required on-site easements for any new public utilities, and/or emergency vehicle access by means of subdivision map or approved instrument at time of development and pay all fees.
E8. Dedicate sidewalk easements along the project frontage where public sidewalks extend into private property. Sidewalk easements are to be 1’ behind proposed back of walk where there is landscaping behind sidewalk. Sidewalk easement where hardscape is behind sidewalk is to be at back-of-walk. Cold joint is required between public sidewalk and private hardscape.
E9. Obtain City Council approval of a resolution ordering vacation of existing public easement(s) proposed to be abandoned, if any, through Public Works Department, and pay all appropriate fees, prior to start of construction. Vacate electric easement Book of Records 4375 Page 229 as required.
E10. 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 ________________________________________________________________________________ 3378-3386 El Camino Real- Tentative Map Planning Commission September 20, 2023 PLN23-00024
Engineering Department. The submittal shall include a title report, closure calculations, and all appropriate fees. Subdivision map shall be recorded prior to building permit issuance.
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. Separate Services: Applicant shall provide separate water, recycled water, sanitary sewer, and fire services connected to a public main in the public right-of-way services for each parcel to the satisfaction of the Director of Water & Sewer Utilities. Different types of water and recycled water use (domestic, irrigation, fire) shall be served by separate water services, each separately tapped at the water main. Services cannot cross a different parcel than the one it serves. No parcel shall be created that requires an easement from an adjacent parcel in order to be served. Tapping on existing fire service line(s) is prohibited. Approved backflow prevention device(s) are required on all potable water services.
W3. 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 with proposed easements and water utilities.