Resolution/2360 Mission College Boulevard - Tentative Parcel Map Page 1 of 4 Rv. Rev: 11/22/17
RESOLUTION NO. 24-9305
A RESOLUTION OF THE CITY OF SANTA CLARA,
CALIFORNIA, APPROVING THE TENTATIVE PARCEL MAP TO
SUBDIVIDE ONE PARCEL INTO THREE CO NDOMINIMUM
LOTS FOR THE PROPERTY LOCATED AT 2360 M ISSION
COLLEGE BOULEVARD, SANTA CLARA
PLN23-00479 (Tentative Parcel Map)
WHEREAS, On September 23, 2023, Ryan Amaya on behalf of 24 Hundred LLC (the “Owner”) submitted a formal application requesting Tentative Parcel Map t o subdivide a 6.4-acre parcel into three condominium lots for the property at 2360 Mission College Boulevard (“Project Site”);
WHEREAS, the Project Site is currently zoned as PD – Planned Development; WHEREAS, the Project Site has a General Plan land use designation of High Intensity Offi ce Research and Development;
WHEREAS, Section 17.05.220 of the Code of City of Santa Clara ( “SCCC”) requires the approval of a Tentative Parcel Map for the division of land into four or fewer parcels; WHEREAS, pursuant to the California Environmental Quality Act, the City Council certifie d an Environmental Impact Report (EIR) and adopted a statement of overriding considerations and a mitigation monitoring and reporting program for the project on April 21, 2009; WHEREAS, the proposed tentative parcel map was previously approved by City Co uncil on April 21, 2009, but the tentative map expired on April 21, 2011; WHEREAS, on January 24, 2024, a notice of public hearing was published in The Weekly, a newspaper of general circulation, and on January 25, 2024 , notice of this item was pos ted in three conspicuous loc ations within 300 feet of the project sit e and mailed to property owners within 500 feet of the project site; and
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Resolution/2360 Mission College Boulevard - Tentative Parcel Map Page 2 of 4 Rv. Rev: 11/22/17
WHEREAS, on February 6, 2024, the City Council held a duly noticed public hearing to consider the 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 Tentative Parcel Map.
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”.
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 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 Gene ral Plan i n that the propo sed Tentative Parcel Map would create tracts of land suitable to support office development and supporting ret ail uses, 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 was previously approved in conjunction with a Planned Development rezoning approval in 2009 for the development of two of fice buildings, one garage structure , an anc illary retail b uilding c onsistent with the High Intensi ty Office Research and Development use designation.
C. The site is physically suitable for the proposed type of devel opment, in that the site is surrounded by office and i ndustrial 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 ur banized area and allows for redevelopment consistent w ith the uses and development similar to the surrounding area.
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Resolution/2360 Mission College Boulevard - Tentative Parcel Map Page 3 of 4 Rv. Rev: 11/22/17
E. The design of the subdivi sion and type of improvement s are not likely to cause serious health problems in that the proposed development is for office and ancillary retail uses in an area surrounded by office 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, and an EIR was certified with mitigation measures that reduced impacts to wildlife to less than significant levels.
G. The design of the subd ivision and type of improvem ents will not conflict with easements acquired by the public at large or use of property within the proposed subdivision , in that the project is desi gned 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 woul d allow flexibility 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 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 5TH DAY OF FEBRUARY, 2024, 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,
and Mayor Gillmor
None
None
None
ORA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
Resolution/2360 Mission College Boulevard - Tentative Parcel Map Rv. Rev: 11/22/17
2360 Mission College Boulevard PLN23-00479
Conditions of Tentative Parcel Map Approval
Conditions of Architectural Review Approval
PLN23-00479 # / 2360 Mission College Boulevard
Tentative Parcel Map
GENERAL / PERFORMANCE
G1. Permit Expiration. This Permit shall automatically be revoked and terminated if not used within two years of original grant or within the period of any authorized extensions thereof. The date of granting of this Permit is the date this Permit is approved by the Development Review Officer. The expiration date is February 6, 2026.
G2. Conformance with Plans. Prior to th e issuance of Bui lding Permit, the development of the site and all associate improvements shall conform to the approved plans on file with the Community Development Department, Planning Division. No change to the plans will be made without prior review by the Planning Division through approval of a Minor Amendment or through an Architectural Review, at the discretion of the Director of Community Development or designee. Each change shall be identified and justified in writing.
G3. Conditions on Plans. All conditions of approval for this Permit shall be reprinted and included within the first three sheet s of the building permit plan sets submitted for review and approval. At all times these conditions of approval shall be on all grading and construction plans kept on the project site.
G4. Code Compliance. Comply with all requirements of Building and associated codes (the C alifornia Building Code. C alifornia Electric Code, C alifornia Mechanical Code, California Plumbing Code, California Green Building Code, the California Energy Code, etc.) current at the time of application for Building Permit, that includes grading and site utility permits.
G5. Necessary Relocation of Public Facility. If relocation of an existing public facility becomes necessary due to a conflict with the owner or designee’s new improvements, then the cost of said relocation shall be borne by the owner.
G6. Indemnify and Hold Harmless. The owner or designee 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, attorney’s fees, injuries, costs, and liabilities 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 owner or designee’s project.
COMMUNITY DEVELOPMENT
P1. Compliance with Prior Conditions. Comply with all conditions under the Planning approval under, PLN2007-6720.
P2. CC&Rs. Submit CC&R for Planning and City Attorney review prior to final recordation of the Parcel Map.
FIRE
F1. Fire D epartment Access. Prior to any Building Department Issuance, all fire department apparatus access roadways on private property are required to “be
2360 Mission College Boulevard PLN23-00479
Conditions of Tentative Parcel Map Approval
recorded” with the County of Santa Clara as Emergency Vehicle Access Easements (EVAE’s) and reviewed by the Fire Department. No other instruments will be c onsidered as substitutions such as P.U.E, Ingress/Egress easements and/or City Right-of-Ways.
F2. Fire Department Access. Prior to Buildin g Permit Final, any EVAEs or fire protection equipm ent (including but not limited to fire service undergrounds, sprinkler piping, fire alar m equipment, fire pumps, ERRCS) that cross property lines or is not located on the parcel of the building it serves s hall have a CC&R legally recorded detailing who is responsible for maintenance and repair of the EVAE or fire protection equipment.
F3. Emergency Responder Radio Coverage System. Prior t o Building Permit Issuance, provisions shall be made for Emergency Responder Radio Coverage System (ERRCS) equipment, including but not limited to pathway survivability in accordance with Santa Clara Emergency Responder Radio Coverage System Standard.
ENGINEERING
E1. Site Clearance. 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. Easement. 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. Encroachment Permit. 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. Encroachment Permit. 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. Encroachment Permit. 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.
2360 Mission College Boulevard PLN23-00479
Conditions of Tentative Parcel Map Approval
The extents of said repair or replacement within the property frontage shall be at the discretion of the City Engineer or his designee.
E6. Easement. 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.
E7. Easement. 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.
E8. Easement. Dedicate private easements for all private utilities crossing property lines.
E9. Agreement. If requested, Developer/property owner shall prepare and submit for City approval a maintenance plan for all sidewalk, curb and gutter, landscaping and irrigation system improvements installed within the public right-of-way prior to encroachment permit issuance. Such plan shall include at a minimum, maintenance requirements for trees and shrubs, in acknowledgement of developer’s/property owner’s obligation under Chapter 12.30 and 17.15.
E10. Easement. Obtain 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.
E11. Subdivision Map Submittal. 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 Engineering Department. The submittal shall include a title report, closure calculations, and all appropriate fees.
1 OF 3 SHEETS
SHEET
SANTA CLARA,
SEPT, 2023DATE
SCALE
SURVEYOR
JOB NO. A07006-20
RMA
OF
FOR
2360-2390 MISSION COLLEGE BOULEVARD
SOUTH BAY DEVELOPMENT COMPANY
CALIFORNIA
DRAWN BY EK
AS SHOWN
NO. REVISION NO. BY REVISION BY
1 REVISED PER PCC COMMENTS - 11/10/23 EKTENTATIVE PARCEL MAP
VICINITY MAP
PROJECT DATA
ABBREVIATIONS
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2 OF 3 SHEETS
SHEET
SANTA CLARA,
SEPT, 2023DATE
SCALE
SURVEYOR
JOB NO. A07006-20
RMA
OF
FOR
2360-2390 MISSION COLLEGE BOULEVARD
SOUTH BAY DEVELOPMENT COMPANY
CALIFORNIA
DRAWN BY EK
AS SHOWN
NO. REVISION NO. BY REVISION BY
1 REVISED PER PCC COMMENTS - 11/10/23 EKTENTATIVE PARCEL MAP
ABBREVIATIONS
LEGEND
PROPOSED CONDITIONS
[2e<]
LINE TABL£
LINE#
LI 566U9'37"E
L2 N4Thl'J5"E
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L4 N69"45'15"E
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3 OF 3 SHEETS
SHEET
SANTA CLARA,
SEPT, 2023DATE
SCALE
SURVEYOR
JOB NO. A07006-20
RMA
OF
FOR
2360-2390 MISSION COLLEGE BOULEVARD
SOUTH BAY DEVELOPMENT COMPANY
CALIFORNIA
DRAWN BY EK
AS SHOWN
NO. REVISION NO. BY REVISION BY
1 REVISED PER PCC COMMENTS - 11/10/23 EKTENTATIVE PARCEL MAP
COMPOSITE OF EXISTING UTILITIES
LEGEND
UTILITY NOTE
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