City Council and Authorities Concurrent
August 25, 2026

1 City CouncilItem #:5 RTC26-728Appeal of DRO Action at 860 and 858 Civic Center Drive and 1528 Alviso StreetAfshan Hamid, Community Development DirectorAugust 25, 2026 Request•Appeal of a Project Located at 860 and 858 Civic Center Drive and 1526 Alviso Street of an Approval of an Architectural Review Permit for the Demolition of Existing Buildings and Construction of Three Separate Multi-Family Buildings Resulting in 14 Townhomes and a Duplex Building with Commercial Space and Determination of a Statutory Exemption from CEQA per Public Resources Code Section 21080.66 (AB 130 (2025)). –Pursuant to the provisions of City Code Section 18.144.020.B.4, City Council serves as the final Review Authority for appeals for Architecture Review for non-single-family projects. –In accordance with 18.144.030.E, the City Council hears the Development Review Hearing appeals regarding architecture reviews de novo, but within the applicable constraints of state housing laws, including the Housing Accountability Act (HAA) and State Density Bonus Law (SDBL).2860 and 858 Civic Center and 1528 Alviso Street1 2 2
Project Timeline•October 21, 2024 –Architecture Review Permit filed •July 31, 2025 – Tribal Consultation completed•September 16, 2025 – Online and In-Person Community Meeting•April 14, 2026 – Project Clearance Committee deemed the project complete and cleared•June 17, 2026 – Application is reviewed and approved by the Development Review Officer (“DRO”). •June 24, 2026 – Appeal filed by adjacent neighbors •August 13, 2026 – Staff met with Mr. Fisher (appellant) to discuss his concerns and explain changes in State law. 3860 and 858 Civic Center and 1528 Alviso Street Existing Site4860 and 858 Civic Center and 1528 Alviso Street •Acreage: 0.61•Surrounding Uses: –N: Commercial–S: Commercial–E: Multi-Family Residential/Townhomes–W: Single-Family Residential•Zoning: MU-CC - Mixed-Use Community Commercial•General Plan Designation: Mixed-Use Neighborhood Commercial 3 4
3 Proposed Project5860 and 858 Civic Center and 1528 Alviso Street •Total Units: 16 Units with 2 ADUs–Building 1: Eight four-story “for-sale” attached townhomes–Building 2: Six four-story “for-sale” attached townhomes–Building 3: Two residential units with two ADUs and Commercial space on the ground floor•Affordable Housing:–Two affordable units and payment of an in-lieu fee for the 0.4 remaining fractional unit, consistent with the 15% requirement. •Waivers:–Reduction in rear setback–Waiver of the front setback requirement along Civic Center Drive–Waiver of the multi-story step-back requirements–Waiver of the height limit to allow an increase in building height•Concession to reduce commercial FAR Development Review Hearing Summary•Pursuant to Santa Clara City Code Section 18.120.020.D.3, requires approval for Architectural Review at the Development Review Hearing (DRH) •The Architecture Review received approval at a publicly noticed DRH on June 17, 2026.•Community Concerns Addressed:–Three public comment letters were received in opposition of the project regarding incompatible architecture style, privacy impacts due to the height and lack of incorporation of transitional development standards, and lack of substantial evidence supporting the requested waivers.–At the hearing, members of the public discussed concerns that the project design is inconsistent with the surrounding neighborhood, specifically the adjacent townhomes, as well as the proposed building height, lack of multi-story step-backs, and potential privacy impacts from the proposed balconies. –The Development Review Officer approved the project after considering the record and public comments. 6860 and 858 Civic Center and 1528 Alviso Street5 6 4
Summary of Appeal Request•The appeal raises five primary objections to the project as approved: 1. Use of CEQA Exemption under AB 130 (2025)2. Inconsistency with May 2026 El Camino Real Specific Plan3. Evidence supporting requested waivers and concessions4. Architectural Review Findings5. Requested design changes7860 and 858 Civic Center and 1528 Alviso Street Use of CEQA Exemption under AB 130 (2025)•The appellants allege that the project is ineligible to use the statutory CEQA exemption under Public Resources Code Section 21080.66, as amended by (AB 130 (2025)), based on an alleged General Plan inconsistency.•Cites General Plan transition policies that require qualitative judgement.•AB 130 provides that a housing development project shall be deemed consistent with the applicable General Plan and zoning ordinance if substantial evidence would allow a reasonable person to conclude that the project is consistent. •Substantial evidence supports that determination, including the Community Mixed Use designation, which authorizes the proposed residential and commercial uses and density. •Additionally, approval of SDBL concessions and waivers may not be used as grounds for finding inconsistency. 8860 and 858 Civic Center and 1528 Alviso Street7 8 5
May 2026 ECR Specific Plan Inconsistency•The appellants assert that the project is inconsistent with the El Camino Real Specific Plan adopted in May 19, 2026.•The proposed project was submitted in 2024 and deemed complete and cleared in April 2026, prior to the adopted El Camino Real Specific Plan. •HAA compliance is evaluated against the applicable objective general plan, zoning, subdivision, and design-review standards in effect when the application was deemed complete.•The City may not evaluate this Project for the purposes of HAA disapproval or reduced-density review against the development standards adopted in May 2026, after the Project was deemed complete.9860 and 858 Civic Center and 1528 Alviso Street Evidence Supporting Requested Waivers and Concessions•The appellants argue that the City should have required additional evidence from the applicant that economic infeasibility and site constraints justified the granting of the waivers and concession.•Legally, for a concession, an applicant does not have to prove economic necessity or submit a pro forma or similar evidence. The City bears the burden to justify the denial.•For a waiver, there must be a factual basis for concluding a development standard would physically preclude the qualifying project, but the City cannot require the developer to remove amenities or redesign the project merely to eliminate the need for the waiver.10860 and 858 Civic Center and 1528 Alviso Street9 10 6
Architectural Review Findings•The appellants state that the City cannot make two of the architectural review findings, related to neighborhood compatibility and harmonious development. •HAA does not authorize subjective compatibility criteria to serve as additional development standards for disapproving or reducing the density of an otherwise objectively compliant housing development project. •The City may still make the locally required Architectural Review findings where the record supports them, and the evidence supporting those findings is identified in the staff report.11860 and 858 Civic Center and 1528 Alviso Street Requested Design Changes•The appellants ask that the Project be redesigned to reduce height and increase setbacks, which are the requested SDBL waivers.•Additionally, the appellants requested changes to specific architectural details (requesting wood trim windows and arches), and wanted to modify the condition on balconies, and wanted to constrain the uses allowed at the commercial space. 12860 and 858 Civic Center and 1528 Alviso Street11 12 7
Community Meeting•September 16, 2025: Online + In-person meeting–7 members of the public in-person and no members were present online•Overall concerns: on-street parking, the existing width of Civic Center Drive, and privacy concerns.•The applicant addressed the comments in that each townhome unit will be provided with a two-car garage, the two duplex unit will have assigned parking, and ADUs are exempt from parking requirements; a six-foot masonry wall and landscaping along perimeter is provided to provide additional privacy. 13860 and 858 Civic Center and 1528 Alviso Street Public Outreach•On August 13, 2026, the notice of public hearing of this item was mailed to 160 property owners and tenants within 500 feet of the project site. At the time of this staff report, no comments have been received by the Planning Division in support or opposition to the project. •Previously written comments were submitted for June 17, 2026, Development Review Hearing, included in the June 17th DRH staff report.14860 and 858 Civic Center and 1528 Alviso Street13 14 8
CEQA Evaluation•The action being considered is subject to a statutory exemption from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.66 (AB 130 (2025)). AB 130 exempts qualifying infill projects from formal environmental review if the proposed project meets the following criteria:a) The project site is less than 20 acres;b) The project site in 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) The project density is 26.2 du/ac, which is above the minimum density requirement of 15 du/ac set forth in Government Code Section 65583.2(c)(3)(B);15860 and 858 Civic Center and 1528 Alviso Street CEQA Evaluation - Continuedf) 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 will be required to prepare an Environmental Assessment (Phase 1 requirement is added as a Condition of Approval); and j) The project has completed a Tribal Consultation process, which concluded on July 31, 2025. The City met with the Tamien Nation and Muwekma Ohlone Tribe of the San Francisco Bay Area.16860 and 858 Civic Center and 1528 Alviso Street15 16 9
Recommendation1.Adopt the resolution overruling the appeal and uphold the decision to approve 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 residential building with two accessory units, and 715 square feet of commercial space; 2.and determinethe project to be exempt from California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.66 (AB 130 (2025)), located at 860 and 858 Civic Center Drive and 1526 Alviso Street, subject to findings and conditions of approval. 17860 and 858 Civic Center and 1528 Alviso Street 18 17
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