RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA OVERRULING THE APPEAL AND UPHOLDING THE DEVELOPMENT REVIEW HEARING APPROVAL OF THE ARCHITECTURAL REVIEW PERMIT AND DETERMINING THE PROJECT TO BE EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT PUBLIC RESOURCE CODE SECTION 21080.66 (AB 130 (2025)) FOR 860 AND 858 CIVIC CENTER DRIVE AND 1526 ALVISO STREET.
WHEREAS, on October 21, 2024, Damian Speno of Speno Enterprises (“Applicant”) filed an Architectural Review Permit application for the demolition of existing buildings to construct three separate multi-family buildings resulting in 14 townhomes and duplex building with commercial space (“Project”) at 860 and 858 Civic Center Drive and 1526 Alviso Street (“Project Site”); WHEREAS, the Project Site is currently zoned Mixed-Use Community Commercial (“MU-CC”) and has a General Plan Land Use Designation of Community Mixed-Use; WHEREAS, Santa Clara City Code (“SCCC”) Section 18.120.020 requires Architectural Approval through a Development Review Hearing for the construction of 14 townhomes and a duplex building with commercial space; WHEREAS, on June 17, 2026, a duly noticed Development Review Hearing was held to consider the Project, and at the conclusion of the hearing, the Development Review Officer approved the Architectural Review Permit; WHEREAS, the project is statutorily exempt from the California Environmental Quality Act (“CEQA”) pursuant to Public Resource Code Section 21080.66 (AB 130 (2025)), exempting qualifying infill projects from full environmental review if the proposed project meets the qualifying criteria; WHEREAS, pursuant to SCCC Section 18.120.020.K, the decision in the Development Review Hearing is appealable to the City Council in compliance with SCCC Section 18.144.020.B; WHEREAS, on June 24, 2026, Michael and Cheryl Fisher (“Appellants”) filed a timely appeal of the Development Review Hearing decision to the City Council; WHEREAS, pursuant to SCCC Chapter 18.146, on August 13, 2026, notices of the public hearing for the City Council Hearing August 25, 2026, were mailed to property owners within a 500 feet radius; WHEREAS, pursuant to SCCC Chapter 18.146, on August 15, 2026, notices of the public hearing of August 25, 2026, were posted at City Hall, the Central Park Library, the Mission Branch Library, and on the City’s website; and WHEREAS, on August 25, 2026, the City Council held a duly noticed public hearing to consider the Appeal during which the Council invited and considered any and all verbal and written testimony and evidence offered in favor of and in opposition to the Project.
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 correct and by this reference makes them a part hereof.
2. That the City Council hereby determines the project to be exempt from the California Environmental Quality Act (CEQA) pursuant Public Resource Code Section 21080.66 (AB 130 (2025)), in that (a) the project site is less than 20 acres; (b) the project site is within the incorporated municipality of City of Santa Clara; (c) the project site was previously developed with an urban use and adjoins other urban uses; (d) the project is consistent with the Zoning Code and General Plan, given that the use is authorized by both the MU-CC zoning and CMU General Plan designation, and meets all objective development standards not subject to a waiver or concession; (e) at a density of 26.2 du/ac, the project is above the minimum density requirement of 15 du/ac in Government Code Section 65583.2(c)(3)(B); (f) the project meets the requirements of Government Code Section 65913.4(a)(6), in that it is not located in a coastal zone, on farmland or wetlands, on a hazmat site, within an earthquake fault zone, within a special flood hazard area or regulatory floodway, on lands subject to a conservation plan, within habitat for special species, or on lands under a conservation easement; (g) The project will not demolish historic structures on the national, state, or local register; (h) the project is not designated as hotel, motel, or transient lodging; (i) the project is conditioned to prepare an Environmental Assessment; and (j) the project has completed a Tribal Consultation process, which concluded on July 31, 2025;
2. That the City Council hereby overrules the Appeal and upholds the Approval of the Architectural Review Permit for the demolition of existing buildings and construction of three separate multi-family buildings, including an eight-unit townhome building, a six-unit townhome building, and a two-unit duplex with two accessory dwelling units and a 715 square-foot commercial space, located at the Project Site, subject to Conditions of Approval, attached hereto by this reference.
3. That based upon substantial evidence in the record of the hearing, including the facts stated in this resolution, the City Council hereby finds that:
A. That any off-street parking area, screening strips, and other facilities and improvements necessary to secure the purpose and intent of this title and the general plan of the City area a part of the proposed development, in that:
i. The project is within one-half mile of a major transit stop and therefore is not subject to minimum parking requirement pursuant to Government Section 65863.2 (AB 2097 (2022)). Accessory Dwelling Units are not required to provide parking pursuant to Government Code section 66322(a). While parking is not required, each townhome unit will have a two-car garage which provides the Code required two covered parking spaces. Each of the two units in the duplex will have one assigned, one covered parking space, and a third parking space that will be provided uncovered. An additional ADA parking space is provided in front of the Mixed-Use Building.
B. That the design and location of the proposed development and its relation to neighboring developments and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood, will not unreasonably interfere with the use and enjoyment of neighboring developments, and will not create traffic congestion or hazard, in that:
i. The proposed project would generate less than 100 net new peak hour trips. The number of vehicles entering/exiting the site at any time would be minimal and would not disrupt traffic flow in the existing neighborhood. The project did not meet the threshold for additional evaluation for vehicle miles traveled or a local transportation analysis study. The project includes pedestrian improvements by construction of a new six-foot sidewalk with a four-foot landscape strip along Civic Center Drive and Alviso Street. ii. The proposed development is consistent with the objective standards set forth in the General Plan and Zoning Code, and with the waivers and concessions, will comply with the MU-CC zoning district’s development standards. For purposes of the HAA's restrictions on disapproval or reduced density, the City must apply the applicable objective development standards; subjective design preferences cannot supply additional development standards for denying or reducing the density of an objectively compliant project. iii. While the applicant requests a waiver to increase the height and waive the multi-story step-back requirement, the project is a contemporary architectural design that incorporates a variety of building materials, textures, and styles to enhance visual interest. The proposed architecture style incorporates existing contemporary Spanish architecture style present in the existing townhome project east of the proposed site. The proposed design conforms to the City’s Community Design Guidelines in that it improves the aesthetic of the existing parcels (the existing site on Civic Center Drive are developed with auto-oriented uses and the site on Alviso Street is vacant), creates a mix of uses by providing residential use in proximity to existing commercial near El Camino Real, and is designed to be compatible with the existing surrounding development.
C. That the design and location of the proposed development is such that it is in keeping with the character of the neighborhood and is such as not to be detrimental to the harmonious development contemplated by the Zoning Code and the General Plan of the City, in that:
i. The proposed project is consistent with the surrounding character of the neighborhood by including compatible building color palette, contemporary Spanish architectural design, double pane windows, and metal railings. The architectural features of the proposed design are true to the architectural form and appropriate for the neighborhood. In accordance with the HAA, subjective design criteria cannot be used as additional development standards to disapprove the project or require it to be developed at a lesser density, where it complies with the applicable objective standards. To the extent of complying with development standards, the proposed project complies with the MU-CC zoning district’s development standards, with waivers and concessions.
D. That the granting of such approval will not, under the circumstances of the particular case, materially affect adversely the health, comfort or general welfare of persons residing or working in the neighborhood of said development, and will not be materially detrimental to the public welfare or injuries to property or improvements in said neighborhood, in that:
i. The project is subject to the California Building Code and City Code requirements, which serve to regulate new construction to protect public health, safety, and general welfare. ii. The project proposes 15 percent (2 units, and for the fractional 0.4 unit, in-lieu fees) of the total unit count for the households at moderate-income. Affordable units shall be reasonably dispersed throughout the project and contain the same number of bedrooms as market rate units.
E. That the proposed development, as set forth in the plans and drawings, are consistent with the set of more detailed policies and criteria for architectural review as approved and updated from time to time by the City Council, which set shall be maintained in the planning division office, in that:
i. • The proposal is consistent with the City’s Community Design Guidelines in that it would improve the aesthetic condition of the site (Goals 4a and 4b), incorporate a design compatible with the surrounding development pattern (Goal 2a), and would facilitate efficient and convenient layout of parking and pedestrian circulation (Goal 4c).
3. 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 25TH DAY OF AUGUST, 2026, BY THE FOLLOWING VOTE:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
ATTEST: ______________________________
Nora Pimentel, MMC
Assistant City Clerk
CITY OF SANTA CLARA
Attachments incorporated by reference:
1. Development Plans
2. Conditions of Approval
Resolution/ 860 and 858 Civic Center Drive and 1526 Alviso Street - Architectural Review Page 1 of 5 Rev: 7/27/2023
Ordinance/*Insert brief description Page 1 of *
Rev: 03-09-10; Typed: *Insert date