REPORT TO PLANNING COMMISSION
SUBJECT
Title
Public Hearing: Action on a Vesting Tentative Subdivision Map (PLN24-00613) for Condominium Purposes for 14 Townhomes and a Duplex Building with Commercial Space Located at 860 and 858 Civic Center Drive and 1526 Alviso Street. CEQA: Exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.66 (AB 130 (2025)).
Report
REPORT IN BRIEF
Applicant: Anderson Architects, Inc.
Owner: Speno Enterprises
General Plan: Community Mixed-Use
Zoning: MU-CC - Mixed-Use Community Commercial
Site Area: 0.61-acre
Existing Site Conditions: Two lots on Civic Center Drive developed with two buildings used for auto-repair. The lot on Alviso Street is vacant.
Surrounding Land Uses:
• North: Commercial Uses (MU-CC) across Civic Center Drive
• East: Two-Story Residences and Two-Story Single-Family Residence (MU-CC)
• South: Two-Story Hotel (MU-CC)
• West: One-Story Single-Family Residences (MU-CC) and One-Story Commercial Building (MU-CC)
Staff Recommendation:
Recommend approval of the Vesting Tentative Subdivision Map (VTM) to the City Council for a one-lot subdivision for condominium purposes for 16 residences (14 townhomes and a duplex) and one commercial space located at 860 and 858 Civic Center Drive and 1526 Alviso Street, subject to findings and conditions of approval.
On August 25, 2026, the project was presented to the City Council for an appeal of the Development Review Officer’s decision to approve the project. After receiving testimony and public comments, the Council considered a motion to overrule the appeal and uphold the approval, but the motion failed. Since no other motion was made, the June 17, 2026, Development Review Hearing (DRH) decision stands for the Architectural Review permit. The VTM Application is now before the Planning Commission for a recommendation to the City Council. Staff recommends that the Planning Commission recommend approval of the VTM , as the proposed subdivision will not result in any inconsistencies with the General Plan and zoning designations for the property, Building Code, or other applicable requirements.
BACKGROUND
On October 21, 2024, the property owner, Damien Speno of Speno Enterprises, submitted an Architectural Review application requesting approval for the demolition of the existing buildings and development of the proposed townhomes and a duplex building with commercial space (File No. PLN24-00533) (“Architectural Review Application”). The Architectural Review Application received approval at a Development Review Hearing on June 17, 2026. An appeal was filed and considered at the August 25, 2026 City Council hearing, after which the Development Review Hearing decision approving the Architectural Review Permit remained in effect.
On November 14, 2024, the Applicant, filed an application for a Vesting Tentative Subdivision Map (File No. PLN24-00613) proposing a one-lot subdivision for condominium purposes for 14 townhomes and a duplex building with 715 square feet of commercial space (“VTM Application”).
Pursuant to the provisions of City Code Section 17.05.300(g) - Tentative Maps, the Planning Commission is responsible for reviewing each completed tentative subdivision map application of five or more parcels and for making a recommendation of approval, denial, or conditional approval to the City Council. The City Council is the ultimate decision-making authority for tentative subdivision maps.
Summary of Development Review Hearing and Appeal
Pursuant to Santa Clara City Code Section 18.120.020.D.3, the development of the site required approval of an Architectural Review permit at the Development Review Hearing. The project provides 15% affordable housing units and uses waivers under the State Density Bonus law to reduce the rear setback, increase building height, and waive front setback requirement along Civic Center Drive and multi-story step-back requirements.
At the publicly noticed DRH on June 17, 2026, the Development Review Officer (DRO) reviewed the Architectural Review application. Following staff and applicant presentations, the DRO opened the hearing for public comment. Four members of the public provided comments in opposition to the proposal. After considering the record and public comments, the DRO approved the project, consistent with staff’s recommendation. The DRH staff report and minutes are available as Attachment 4.
On June 24, 2026, Michael and Cheryl Fisher (“the Appellants”) filed a timely appeal of the DRO’s decision to the City Council in accordance with SCCC Section 18.144.020.B. The appeal challenged the project’s approval on four grounds: eligibility for the CEQA statutory exemption due to alleged General Plan inconsistency, insufficient evidence supporting the requested waivers and concession, inability to make the required architectural review findings regarding compatibility and privacy, and inconsistency with the May 2026 El Camino Real Specific Plan.
At a publicly noticed City Council meeting on August 25, 2026, the City Council reviewed the appeal. Following staff, applicant, and appellant presentations, Councilmember Jain made a motion, seconded by Councilmember Hardy to determine the project exempt from CEQA pursuant to Public Resources Code Section 21080.66 (AB 130 (2025)) and adopt the resolution overruling the appeal and upholding the decision to approve the Architectural Review permit.
The motion failed, and with no further motion made, the June 17, 2026 Development Review Hearing decision approving the Architectural Review Permit remained in effect. The City Council staff report and minutes are available as Attachment 4.
DISCUSSION
Subdivision
Tentative map applications are reviewed for consistency with the City’s General Plan, Zoning Code (Title 18), Subdivision Code (Chapter 17.05), and the Subdivision Map Act (Government Code Section 66410 et seq.). In accordance with Chapter 17.05 of the City Code, the project requires a tentative subdivision map (as opposed to a tentative parcel map) because there are five or more lots proposed. The VTM Application includes the merger of three adjacent parcels and the creation of a one-lot subdivision for condominium purposes to accommodate a project with 14 townhomes and a duplex building with commercial space.
The proposed VTM was reviewed by the City’s Project Clearance Committee/Subdivision Committee and deemed complete and cleared on November 18, 2025. The Committee confirmed that the proposed subdivision will not result in any inconsistencies with the General Plan and zoning designations for the property, Building Code, or other applicable requirements.
Summary
The VTM Application meets the requirements set forth in City Code Chapter 17.05 and the proposed subdivision, together with the proposed design and improvement, is compatible with the adjacent land uses and consistent with the City’s General Plan and all applicable provisions of the City Code. The proposed findings supporting approval of the VTM Application are set forth in the Staff Report and in the attached Resolution (Attachment 2).
Summary of Community Concerns
As required by the City’s adopted Public Outreach Policy for Planning Applications, the applicant conducted community outreach through a community meeting.
On September 16, 2025, the applicant held a Community Meeting, in both online and in-person formats. Seven members of the public attended in-person and no members attended online. Comments raised at the meeting generally related to on-street parking, the existing width of Civic Center Drive and privacy concerns. The applicant responded to on-street parking concerns and stated that each townhome unit would provide a two-car garage, the duplex units would have assigned parking, and that Accessory Dwelling Units (ADUs) are exempt from parking requirements. The applicant also stated that the project proposes a six-foot masonry wall consistent with the Zoning Code along with landscaping along the perimeter to provide additional privacy.
Proposed Planning Commission Actions:
a) Recommendation on CEQA. Recommend that the City Council find that the VTM Application is subject to a statutory exemption from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.66 [AB 130 (2025)]. As discussed below, AB 130 exempts qualifying residential infill projects of less than 20 acres.
b) Recommendation on the VTM Application. The VTM Application is presented to the Planning Commission for review and a recommendation of denial, approval, or conditional approval to the City Council. Action on the VTM Application is a quasi-judicial decision with a list of required findings set forth in City Code Section 17.05.300(h), including that the site is suitable for the density and design of development and that the project is consistent with the General Plan. For Planning Commission to recommend approval of the VTM Application, it must find the following:
a. General Plan Consistency: The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan land use designation of Community Mixed-Use. The proposed subdivision creates additional residential development in proximity to jobs, which forwards Mixed-Use Land Use Policy 5.3.4-P2 to provide mixed-use to encourage mixed-use development in proximity to employment centers and residential neighborhoods throughout the City; incrementally advances the City’s goals to produce new housing, consistent with General Plan Policy 5.3.2-P1; and provides deed-restricted affordable housing units, advancing General Plan Policy 5.3.2-P10. The project will provide adequate landscaping and replace trees at 2:1 ratio (Policy 5.3.1-P10) and include sidewalks (Policy 5.3.1-P12).
b. Site Suitability: The proposed subdivision, together with the provisions for its design and improvement, is suitable for the site as it is consistent with the density requirements under the General Plan and Zoning Code for the site (26.2 du/ac, where 20-36 du/ac is allowable).
c. Zoning Code Compatibility: The proposed subdivision, together with the provisions for its design and improvement, meet the development standards of the Zoning Code, utilizing concessions, incentives, and waivers under State density bonus law. The previously approved Architectural Review Application included the following waivers: reduce the rear setback, increase building height, and waive front setback requirement along Civic Center Drive and multi-story step-back requirements; and included one concession: reduce the commercial Floor Area Ratio (FAR) requirement. The proposed subdivision, together with the provisions for its design and improvement meets the applicable provisions of the City’s Zoning Code utilizing the waivers and concession under the State Density Bonus Law.
d. No Adverse Effects: The design of the subdivision and type of improvements will not cause substantial environmental damage or substantially injure fish or wildlife or their habitat, as the project is a small-scale residential development with a commercial unit that will comply with current Building Code requirements, and will not result in adverse health effects, as it will be subject to Covenants, Conditions, and Restrictions for operation and maintenance of the buildings and site improvements and does not propose the use of hazardous materials.
e. Conflicts with Easements: As designed, the project would not conflict with any recorded public easements for access through or use of property within the proposed subdivision. The VTM application was reviewed for potential conflicts with public easements by the Project Clearance Committee/Subdivision Committee which includes Public Works, Silicon Valley Power, and Water and Sewer departments.
f. Natural/Passive Heating and Cooling: The tentative map will provide, to the extent feasible, for future passive or natural heating and cooling opportunities. The project will adhere to CALGreen energy efficiency measures to conserve energy through building design and site planning.
Approval of the VTM Application will facilitate the development of a project consistent with the City’s Zoning Code and General Plan, thereby incrementally advancing the City’s goals to produce new housing.
CONDITIONS OF APPROVAL
The Vesting Tentative Subdivision Map includes the conditions of approval in the form drafted by staff (Attachment 3).
ENVIRONMENTAL REVIEW
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 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) 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);
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 will be required to prepare an Environmental Assessment; and
j) The project has completed a Tribal Consultation process, which concluded on September 11, 2025. The City met with the Tamien Nation and Muwekma Ohlone Tribe of the San Francisco Bay Area.
Based on the record described above, staff finds that the proposed project meets the applicable requirements of AB 130 and is statutorily exempt from CEQA.
FISCAL IMPACT
There is no fiscal impact to the City for processing the requested application other than administrative
time and expense typically covered by processing fees paid by the applicant.
COORDINATION
This report has been coordinated with the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Planning Commission agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov or at the public information desk at any City of Santa Clara public library.
On November 4, 2026, the notice of public hearing for this item was mailed to 162 property owners and tenants within 500 feet of the project site. Newspaper notice of this item was published in The Weekly, a newspaper of general circulation, on November 4, 2026. At the time of this staff report, no comments have been received by the Planning Division in support or opposition to the project.
RECOMMENDATION
Recommendation
1. Recommend that the City Council find that the proposed subdivision is exempt from California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.66 (AB 130 (2025)).
2. Adopt a resolution recommending that the City Council approve the Vesting Tentative Subdivision Map for one-lot subdivision for condominium purposes for 16 residences and one commercial space located at 860 and 858 Civic Center Drive and 1526 Alviso Street, subject to findings and conditions of approval.
Staff
Prepared by: Meha Patel, Associate Planner Community Development Department
Reviewed by: Alexander Abbe, Assistant City Attorney
Approved by: Lesley Xavier, Planning Manager, Community Development Department
ATTACHMENTS
1. Vicinity Map
2. Resolution to Recommend Approval
3. Conditions of Vesting Tentative Subdivision Map Approval
4. Web Link to June 17, 2026, DRH and August 25, 2026 City Council Meeting
5. Vesting Tentative Map