Conditions of Vesting Tentative Subdivision Map Approval PLN24-00044 / 4503 Cheeney Street
Vesting Tentative Map (PLN24-00044) for the Proposed Development of Six Single Family Housing Units Subject to SB 330 Located at 4503 Cheeney Street.
Revisions to G8, H1, W3 and removal of H3, F4, F5, and F8 (10/8/2025)
CONDITIONS OF APPROVAL
GENERAL
Subdivision Expiration. This subdivision shall automatically be revoked and terminated if not used within two years of original grant or within the period of any authorized extension thereof. The date of granting this subdivision is the date this subdivision is approved by the Decision-making body and the appeal period has exhausted. The expiration date is one year after the City Council decision made on 11/18/2025.
Conformance with Plans. The lot design on the subdivision map shall be designed in conformance with the subdivision map, as approved by the decision-making body.
Conditions of Plans. All conditions of approval for this subdivision shall be reprinted and included within the first three sheets of the subdivision map 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.
Necessary Relocation of Public Facility. 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.
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.
Code Compliance. The construction permit application drawings submitted to the Santa Clara Building Division shall include an overall California Building Code analysis; proposed use and occupancy of all spaces (CBC Ch. 3), all building heights and areas (CBC Ch. 5), all proposed types of construction (CBC Ch. 6), all proposed fire and smoke protection features, including all types of all fire rated penetrations proposed (CBC Ch. 7), all proposed interior finishes fire resistance (CBC Ch. 8), all fire protection systems proposed (CBC Ch. 9), and all means of egress proposed (CBC Ch. 10). Noncombustable exterior wall, floor, and roof finishes are strongly encouraged.
During construction retaining a single company to install all fire related penetrations is highly recommended.
The grade level lobbies shall be minimum 1-hour rated all sides and above.
All stair shafts shall be minimum 1-hour rated.
All elevator shafts shall be minimum 1-hour rated.
All trash chute shafts shall be minimum 1-hour rated.
Recommendation: provide minimum 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 minimum 1-hour rated all sides and above.
Building Codes as Amended. See Title 15 of the Santa Clara City Code for any amendments to the California Building Codes.
Reach Code. This project is subject to the City of Santa Clara Reach Code, as set forth in City Code Chapters 15.36 and 15.38, with the exception of the “all-electric” requirements suspended by the City Council on January 14, 2025.
Comply with all applicable codes, regulations, ordinances and resolutions.
COMMUNITY DEVELOPMENT - HOUSING DIVISION
Residential Rental or Ownership Project with Fewer than 10 Units.
In accordance with the Santa Clara City Code chapter 17.40, this project is subject to the affordable housing requirements for the proposed 6 units for-sale residential development. The Applicant is utilizing State Density Bonus on this project and have elected to provide one affordable housing unit.
The One affordable unit shall be provided at an affordable housing cost for a household earning up to one hundred percent (100%) of area median income (AMI). Affordable Unit shall have prices set in accordance with the City’s Below Market Purchase (BMP) Program Policies and Procedures Manual (subject to updates and changes). Applicant shall be responsible for cost incurred under the California Building Standards (California Code of Regulations, Title 24) for the each affordable for- sale residential unit. Affordable units shall be reasonably dispersed throughout the project and shall on average contain the same number of bedrooms and shall be comparable to the design of the market-rate units in terms of appearance, material and finished quality of the market rate units in the project. Affordable units shall have the same access to the project amenities and recreational facilities as market-rate units. Additionally, the Developer will cover the cost of the BMP Program to process each BMP homebuyer, at a rate of 2.5% of the Affordable Sales Price per unit.
Affordable Housing Agreement. Prior to issuance of Building Permits, the Developer shall enter into an Affordable Housing Agreement (AHA) with the City that will determine the Affordable Sales Price, identify the actual unit to be sold as the Affordable Unit, and apply all terms and covenants guaranteeing the prescribed affordability, to the satisfaction of the Director of Community Development. There is a fee for the AHA preparation in the amount of $4,205 which will be due prior to execution of the AHA (per Municipal Fee schedule).
FIRE DEPARTMENT
DESIGN / PERFORMANCE—PRIOR TO BUILDING PERMIT ISSUANCE
Hazmat Clearance. Prior to any Building Permit issuance, Hazardous Materials Closure (HMCP) is required as applicable: This is a permit is issued by the Santa Clara Fire Department, Fire Prevention & Hazardous Materials Division. Hazardous materials closure plans are required for businesses that used, handled or stored hazardous materials. While required prior to closing a business this is not always done by the business owner, and therefore should be part of the developer’s due diligence. The hazardous materials closure plans demonstrate that hazardous materials which were stored, dispensed, handled or used in the facility/business are safely transported, disposed of or reused in a manner that eliminates any threat to public health and environment.
Hazmat Clearance. Prior to any Building Permit Issuance, a Phase II environmental assessment is required to be submitted to CRRD for review. If hazards are present that require site mitigation, cleanup, or management of chemical contaminants in soil, soil vapor, or groundwater a separate permit from one of the regulatory agencies below will be required. The type and extent of contamination on site(s) will govern which of the regulatory agencies noted below can supervise the cleanup: Department of Toxic Substances Control (DTSC); State Water Resources Control Board; or Santa Clara County, Department of Environmental Health.
If the project intends to contract with a State or County Agency for onsite/offsite environmental remediation activities the following documentation shall be provided to the Fire Prevention & Hazardous Materials Division prior to issuance of a Building Permit for demolition or grading: Oversight agency case number; and Oversight mangers contact name, phone number.
For smaller projects that are not moving soil at all, a Phase I environmental assessment may be adequate. Please contact Assistant Fire Marshal Fred Chun at [email protected] for more information.
Fire Flow Requirement. Prior to Building Permit Issuance, provide documentation from the City of Santa Clara Water & Sewer Department that the minimum required fire-flow can be met. Fire Department fire-flow will be based on the current California Fire Code. The most restrictive departments requirement shall apply.
Fire Hydrants. Prior to Building Permit Issuance, building plans shall show the required number, location and distribution of fire hydrants for the buildings will be based on the current California Fire Code, Appendix C as amended. The required number of fire hydrants will be based on the fire-flow before the reduction for fire sprinklers. Both public and private fire hydrants may be required.
Emergency Responder Radio Coverage System. Prior to 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.
Fire Department Access. Prior to the start of construction, roadways and water supplies for fire protection are required to be installed and made serviceable and maintained throughout the course of construction.
Alternative Means and Methods. Prior to any Building Permit issuance, an alternate means or methods permits to mitigate any code deficiency must be submitted and approved. Please submit this permit concurrently with the building plans. Please note specific mitigations may have been discussed during the planning process. None of these discussions are binding and can only be formally approved through submitting an AMMR permit. The AMMR permit is formally documenting that and still needs to be submitted.
Hazmat Information. Prior to Building Permit Issuance, a Hazardous Materials Inventory Statement including refrigerants is required to be submitted and reviewed with the Building Permit if applicable.
Fire Safety During Construction. Prior to Building Permit Issuance, a permit for Construction Safety & Demolition shall be submitted to the fire department for review and approval in compliance with our Construction Safety & Demolition standard.
DURING CONSTRUCTION – PRIOR TO OCCUPANCY
Shared Fire Protection Features that Cross Property Lines. Prior to Building Permit Final, any EVAEs or fire protection equipment (including but not limited to fire service undergrounds, sprinkler piping, fire alarm equipment, fire pumps, ERRCS) that cross property lines or is not located on the parcel of the building it serves shall have a CC&R legally recorded detailing who is responsible for maintenance and repair of the EVAE or fire protection equipment.
Fire Protection Systems Before Occupancy. Prior to any Certificate of Occupancy Issuance (temporary or permanent), fire-life safety systems installations must be fully installed, functional, and approved.
ENGINEERING
DESIGN—PRIOR TO BUILDING PERMIT ISSUANCE
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.
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.
Subdivision Map. 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.
DURING CONSTRUCTION
Encroachment Permit. 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.
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.
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.
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. The extents of said repair or replacement within the property frontage shall be at the discretion of the City Engineer or his designee.
Encroachment Permit. Existing streetlights shall be clear of proposed sidewalk, developer shall relocate as necessary.
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.
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.
Agreement. If requested, owner or designee 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.
TRAFFIC
DURING CONSTRUCTION
Traffic improvements must comply with the City of Santa Clara Standard Specifications for Public Works Construction
STREETS DIVISION
Right of Way Landscape
DESIGN / PERFORMANCE -- PRIOR TO ISSUANCE OF BUILDING PERMIT Tree Preservations Specifications. Include City of Santa Clara Tree Preservation/City Arborist specifications on all improvement plans.
Mature Trees. Identify existing mature trees to be maintained. Prepare a tree protection plans for review and approval by the City prior to any demolition, grading or other earthwork in the vicinity of existing trees on the site.
Tree Replacement. 2:1 tree replacement ratio required for all trees removed from the right-of-way.
DURING CONSTRUCTION OR OPERATION
No Public Root Cutting. No cutting of any part of public, including roots, shall be done without securing prior approval of the City Arborist. Tree trimming/removal shall be done in accordance to the City of Santa Clara Tree Preservation/City Arborist specifications and with direct supervision of a certified arborist (Certification of International Society of Arboriculture).
PRIOR TO FINAL OF BUILDING PERMIT
In Lieu Fee. If 2:1 replacement ratio cannot be met for removal of right of way landscape trees, tree planting fee must be paid prior to building permit final.
Solid Waste
DESIGN / PERFORMANCE -- PRIOR TO ISSUANCE OF BUILDING PERMIT Post-Construction Solid Waste Generation Estimation and Collection Form. The applicant shall complete and provide the Post-Construction Solid Waste Generation Estimation and Collection Form, which includes the estimation of trash and recycling materials generated from the project. Use the City’s Solid Waste Guidelines for New and Redevelopment Projects as specified by the development type. Contact the Public Works Department at [email protected] or (408) 615-3080 for more information.
Site Plan. The applicant shall provide a site plan showing all proposed locations of solid waste containers, chutes, compactors, trash enclosures and trash staging areas. The site plan shall show the route or access for trash and recycling collectors (trucks) including vertical clearance, turning radius and street/alley widths. All plans shall comply with the City’s Solid Waste Guidelines. Solid metal roof, gates and a trench drain shall be installed within the trash enclosure and connected to the on-site sewer system.
Construction Waste Diversion. For projects that involve construction, demolition or renovation of 5,000 square feet or more, the applicant shall comply with City Code Section 8.25.285 and recycle or divert at least sixty five percent (65%) of materials generated for discard by the project during demolition and construction activities. No building, demolition, or site development permit shall be issued unless and until applicant has submitted a construction and demolition debris materials check-off list. Applicant shall create a Waste Management Plan and submit, for approval, a Construction and Demolition Debris Recycling Report through the City’s online tracking tool at http://santaclara.wastetracking.com/.
Authorized Service Haulers. This project is subject to the City’s Accumulation, Transportation and Disposal of Solid Waste Ordinance (Chapter 8.25 of the Municipal Codes), which requires the handling and disposal of waste by authorized service haulers. Insert the General Notes for the Construction & Demolition (C&D) Waste Management into construction plans in accordance with the City’s municipal codes prior to the issuance of a Building or Grading permit. Provide the Green Halo waste online tracking number to Building staff prior to the issuance of a demolition or building permit.
Exclusive Franchise Hauling Area. Project applicant shall contact the Public Works Department, Street Maintenance Division at (408) 615-3080 to verify if the property falls within the City’s exclusive franchise hauling area. If so, the applicant is required to use the City’s exclusive franchise hauler and rate structure for any hired debris boxes. Prior to the issuance of a Public Works clearance, the project applicant shall complete and sign the Construction and Demolition (C&D) / Waste Management Rules and Regulations Form.
DURING CONSTRUCTION OR OPERATION
Waste Generation Tracking. Applicant to track all waste generated and upload debris tags to GreenHalo for City staff review.
PRIOR TO FINAL OF BUILDING PERMIT
Weight Tickets. Prior to obtaining a Temporary or Final Certificate of Occupancy, individual weight tickets for all materials generated for discard or reuse by the project during demolition and construction activities shall be uploaded to Green Halo and submitted for review and approval by Environmental Services. At a minimum two (2) weeks review time is required.
Stormwater
DESIGN / PERFORMANCE -- PRIOR TO ISSUANCE OF BUILDING PERMIT Final Stormwater Management Plan. Prior to City’s issuance of Building or Grading Permits, the applicant shall develop a Final Stormwater Management Plan, update the C.3 Data Form, the Special Project Narratives and Worksheet (as appropriate), and an Erosion and Sediment Control Plan. 3rd Party Review of Final Stormwater Management Plan. The Final Stormwater Management Plan and all associated calculations shall be reviewed and certified by a qualified 3rd party consultant from the SCVURPPP List of Qualified Consultants, and a 3rd party review letter (on design) shall be submitted with the Plan.
Notice of Intent. For project that disturbs a land area of one acre or more, the applicant shall provide a copy of the Notice of Intent (NOI) with WDID number for coverage under the State Construction General Permit. Active projects with NOI will be inspected by the City once per month during the wet season (October – April).
Best Management Practices. The applicant shall incorporate Best Management Practices (BMPs) into construction plans and incorporate post-construction water runoff measures into project plans. Include the SCVURPPP Countywide Construction BMPs Plan Sheet with the plans. Applicant to add Source control measures with designations from C.3 stormwater handbook, Appendix H.
C.3 Treatment Facilities Construction Notes. Include the C.3 Treatment Facilities Construction Notes on the Improvement Plans and/or Stormwater Control Plans.
Decorative & Recreational Water Features. Decorative and recreational water features such as fountains, pools, and ponds shall be designed and constructed to drain to the sanitary sewer system only.
Small Projects. For single-family homes and other small projects that create and/or replace 2,500 – 10,000 square feet of impervious surface area, the applicant shall implement at least one of the following site design measures:
a. Direction of roof runoff into cisterns or rain barrels b. Direction of roof, sidewalk, walkway, patio, driveway, or parking lot runoff onto vegetated areas c. Construction of sidewalks, walkways, patios, bike lanes, driveways, and parking lots with permeable surfaces Plans shall specify which site design measures are selected for the project and show the direction of flow from impervious surfaces to the selected site design measures. All measures shall meet the design criteria in the 2016 C.3. Stormwater Handbook, Appendix K: Standard Specifications for Lot-Scale Measures for Small Projects.
Interior Floor Drains. Interior floor drains shall be plumbed to the sanitary sewer system and not connected to the City’s storm drain system.
Trash Enclosure Floor Drains. Floor drains within trash enclosures shall be plumbed to the sanitary sewer system and not connected to the City’s storm drain system.
Architectural Copper. The use of architectural copper is prohibited.
DURING CONSTRUCTION OR OPERATION
Biotreatment Soil Media. Applicant shall install biotreatment soil media that meets the minimum specifications as set forth in the SCVURPPP C.3 Stormwater Handbook. If percolation rate test of the biotreatment soil mix is not performed on-site, a certification letter from the supplier verifying that the soil meets the specified mix (the date of such document shall not be older than 3 months).
Stormwater Control Measure Inspection. At critical construction phases, all stormwater control measures shall be inspected for conformance to approved plans by a qualified 3rd party consultant from the SCVURPPP List of Qualified Consultants.
Inspections. Permeable Pavement, Media Filter vaults, and Trash Full Capture Devices shall be inspected by a 3rd party reviewer and/or manufacturer representative for conformance with the details and specifications of the approved plans. All new pervious concrete and porous asphalt pavements should have a minimum surface infiltration rate of 100 in./hr. as described in the SCVURPPP C.3 Handbook. A map displaying the number, location and details of full trash capture devices shall be prepared as an attachment to the Operations and Maintenance (O&M) Agreement with the City.
Stormwater Treatment Facilities. Stormwater treatment facilities must be designed, installed, and maintained to achieve the site design measures throughout their life in accordance to the SCVRUPPP C.3 Stormwater Handbook (Chapter 6 and Appendix C).
Amendments to Operation & Maintenance Agreement. Any site design measures used to reduce the size of stormwater treatment measures shall not be installed for the project without the written approval from the City, installing the corresponding resizing of other stormwater treatment measures and an amendment of the property’s O&M Agreement.
Stormwater Pollution Prevention Messaging. Developer shall install an appropriate stormwater pollution prevention message such as “No Dumping – Flows to Bay” on any storm drains located on private property.
Outdoor Storage Areas. All outdoor equipment and materials storage areas shall be covered and/or bermed, or otherwise designed to limit the potential for runoff to contact pollutants.
PRIOR TO FINAL OF BUILDING PERMIT
As-Built Drawings. As-Built drawing shall be submitted to the Public Works Department. 3rd Party Concurrence Letter. 3rd Party concurrence letter on the C.3 facilities construction shall be submitted to the Public Works Department. The letter shall be prepared by a 3rd party consultant from the SCVURPPP List of Qualified Consultants. The City reserves the right to review the 3rd party inspection report on the C.3 stormwater facility installation.
Final C.3 Inspection. Applicant shall schedule and City shall conduct a final C.3 inspection.
Operation & Maintenance Agreement. The property owner shall enter into an Operation and Maintenance (O&M) Agreement with the City for all installed stormwater treatment measures and full trash capture devices in perpetuity. Applicants should contact Public Works Dept. - Environmental Services at (408) 615-3080 or [email protected] for assistance completing the Agreement. For more information and to download the most recent version of the O&M Agreement, visit the City’s stormwater resources website at http://santaclaraca.gov/stormwater. Inspection of permeable pavement, media filter vaults and full trash capture devices is to be done annually by December 31 of each year.
WATER & SEWER DEPARTMENT
DESIGN / PERFORMANCE -- PRIOR TO ISSUANCE OF BUILDING PERMIT 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.
Existing Services. The applicant shall show all existing water and sewer services, meters, and mains on the plans and indicate their sizes on the proposed site plan or on a composite utility plan. If the existing services will not be used, then the applicant shall properly abandon these services at 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.
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 for each parcel to the satisfaction of the Director of Water & Sewer Utilities; shared services may be permitted provided that each parcel is separately submetered, and shared utilities are located in a parcel to be used as common areas or shared private street. 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, parcels to be used as common areas or shared private streets excluded, 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.
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.
KEY:
G = General
P = Planning Division
E = Public Works Engineering (Stormwater)
SVP = Silicon Valley Power
FD = Fire Department
ST = Stormwater
SW = Solid Waste
L = Right of Way Landscape
E = Engineering
H = Housing
W = Water and Sewer
ACKNOWLEDGEMENT AND ACCEPTANCE OF CONDITIONS OF APPROVAL Permittee/Property Owner
The undersigned agrees to each condition of approval and acknowledges and hereby agrees to use the project property on the terms and conditions set forth in this permit.
Signature: _________________________________________________ Printed Name: _________________________________________________ Relationship to Property: _________________________________________________ Date: _________________________________________________ Pursuant to Santa Clara City Code 18.128.100, the applicant shall return this document to the Department, properly signed and dated, within 30-days following the date of the Acknowledgement.
City Council Meeting Date: December 16, 2025 Page 2
City Council Meeting Date: December 16, 2025 Page 1
Conditions of Approval PLN24-00044 / 4503 Cheeney