REPORT TO CITY COUNCIL
SUBJECT
Title
Public Hearing: Action on a Vesting Tentative Map (PLN24-00044) for a Proposed Common Interest Development of Six Single-Family Housing Units Located at 4503 Cheeney Street
Report
BACKGROUND
On September 13, 2023, Jeff Aguilar, on behalf of Valley Oak Partners (applicant) submitted a Preliminary Application under Senate Bill (SB) 330 for a six-unit single family housing project at 4503 Cheeney Street in Santa Clara (“Project”). With very limited exceptions, most housing developments of two or more units are able to submit an SB 330 “preliminary application” that locks in existing zoning standards and qualifies a project for certain streamlining provisions. On January 17, 2024, the applicant submitted a formal proposal for the subject property. The formal application request, consistent with the preliminary application, included the demolition of an existing single-family residence, the construction of six two-story single-family residences, and a vesting tentative subdivision map to create a common interest development of six condominium lots and a common access easement. The proposed project was split into two separate applications: (File No. PLN24-00034) for the Architectural Review Permit for the development of the parcel; and (File No. PLN24-00044) for the Vesting Tentative Subdivision Map. File No. PLN24-00034 was deemed complete by the Project Clearance Committee (PCC) on September 24, 2024, and File No. PLN24-00044 was deemed complete by the Subdivision Committee on August 26, 2025.
The Architectural Review Permit for the development portion of the application, File No. PLN24-00034, went to the Development Review Hearing (DRH) on December 11, 2024. There were no public comments regarding the application at the meeting, and the application was approved subject to findings and conditions of approval. The DRH staff report is available as Attachment 4.
On October 8, 2025, the Planning Commission reviewed the vesting tentative map request. Planning Commission’s review and recommendation to the City Council is required under Code Section 17.05.300 - Tentative Maps. Tentative Maps are ultimately approved by the City Council. The Planning Commission voted to recommend approval of the vesting tentative map for the Project to the City Council (7-0 vote). The PC staff report is available as Attachment 5.
DISCUSSION
The project is an SB330 project, the preliminary application, PRE23-00102, was deemed complete on 10/3/2023. Due to the nature of SB330 projects, the preliminary application locked in the existing zoning standards at the time the preliminary application was deemed complete. The Classic Code was in effect on 10/3/2023 and staff has reviewed the current project based on the Classic Code.
The project was reviewed against the R3-18D zoning standards, found in Section 18.16.070 - 18.16.090 of the Classic Code. The applicant has asked for six waivers to R3-18D zoning standards, waivers to front yard, side yard, street side yard, and rear yard setbacks, to building coverage and to total required landscaped area. The applicant has applied for one concession due to their status as an affordable housing project, the applicant applied for a waiver to allow a six-foot fence within the street side setback area. These waivers and concession were reviewed by the City Attorney’s Office and were subsequently reviewed and approved at the Development Review Hearing on December 11, 2024.
At the October 8, 2025, Planning Commission meeting, staff presented the vesting tentative map request, The tentative map request is linked to the architecture review project to demolish an existing single-family home on a single parcel in order to construct six single family homes as a common interest development. Each two-story home will have 2,275 square feet of living area, four bedrooms / 2 and a half bathroom, a two-car garage, and a front porch. The project site is within the vicinity of other multi-family and townhome developments of similar density and size. Much of the surrounding properties are established in a similar mix of R1 (Single-Family Residential), R3 (Medium Density Residential), and (PD) Planned Development zoning districts.
As indicated in the Planning Commission staff report, staff recommended approval of the vesting tentative map; with the waivers and concession, the project meets the applicable zoning requirements, and the project is consistent with the Low Density Residential General Plan land use designation.
During the Planning Commission meeting, commissioners raised questions regarding affordable housing, setbacks, infrastructure impacts, and parking. The summary of the discussion is as follows:
• Affordable housing - one unit of the six will be deed restricted to be a moderate-income affordable unit.
• Setbacks - Currently the project meets setbacks due to the waivers and concessions the applicant is entitled to due to their project meeting the state definition of an ‘affordable housing project’
• Infrastructure impacts - the applicant has worked with public works, streets division, and solid waste to ensure that all water, sewer, and traffic needs are met and do not put an undue burden on surrounding properties or homeowners.
• Parking - each unit will have a two-car garage, per Santa Clara City Code, all single-family homes are required to have two covered parking spaces.
As a result of the Planning Commission discussion and presentations from staff and the applicant, no modifications were required and the Commission recommended approval of the project as presented. All Commissioners were present at the hearing. In two motions, the Commission voted to recommend that the project be determined to be categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15332 (Class 32 - In-Fill Development Projects) (7-0), and to recommend approval of the Tentative Subdivision Map (7-0).
Architectural Review
Throughout the process, the applicant has revised their submission several times and worked with the Planning Division to get to a design plan that the Planning Division supports. Full review of the architecture took place at a regularly scheduled Development Review Hearing on December 11, 2024 (Staff report contained in Attachment 4). The approved Architectural Review development plans are provided in Attachment 5.
Senate Bill (SB) 330 Review
The project is subject to streamlining under SB 330, which was passed in 2019 to accelerate housing production in urban areas. The law limits the number of public hearings a City can conduct for a project to five, if the project complies with the applicable General Plan and zoning standards in effect at the time of the preliminary application submittal. Consistent with SB 330, the project shall be subject only to the ordinances, policies, and standards adopted and in effect when the preliminary application was submitted (September 13, 2023). The project has gone through two public hearings previously: the Development Review Hearing, on December 11, 2024, and the Planning Commission meeting on October 8, 2025. If the Tentative Map is approved by the City Council, then the project was heard in three hearings, which meets the requirements of SB 330. Community meetings and other applicant-led meetings do not count towards the five hearings allowed.
Proposed City Council Action
The project is now presented for City Council consideration and action. The following specific actions are required:
1. CEQA Determination
Determine the project to be exempt pursuant to CEQA Section 15332 (Infill development projects).
2. Vesting Tentative Map Approval
A Vesting Tentative Subdivision Map is proposed to create the condominium lots for the six townhouses. The required findings, and facts supporting them, are as follows:
• General Plan Consistency: The subdivision would be consistent with the General Plan land use designation of Low Density Residential. The subdivision would create additional residential development in proximity to jobs, incrementally advancing the City’s goals to produce new housing; would provide a deed-restricted affordable housing unit, which forwards Residential Land Use Goal 5.3.2-G3 to disperse affordable housing units across the City; and is compatible in both character and size with neighboring low intensity residential development (Policy 5.3.1-P29).
• Zoning Code Compatibility: The subdivision also meets the applicable development standards of the Zoning Code. The project includes an affordable unit which allowed the applicant to use the State density bonus law to seek waivers from selected development standards. After working with the City to reduce the extent of the waivers, the applicant and the City agreed to six waivers: front yard setbacks, side yard setbacks, street side yard setbacks, rear yard setbacks, total required landscaped area, and building coverage.
|
Development Regs |
Code Ref. |
Per R3-18D Zoning |
Proposed |
|
Front yard |
18.16.070 |
20' min. |
15' min. |
|
Side yard |
18.16.080 |
10' min. |
5.5' min. |
|
Side yard - Street |
18.16.080 |
20' min. |
10' min. (5' to porch) |
|
Rear |
18.16.090 |
15' min. |
10' min. |
|
Building Coverage |
18.16.100 |
35% max. |
48% |
|
landscaped Area |
18.16.110 |
45% min. |
39% |
• The applicant also used a state entitled concession for the corner side yard fence height to maintain a six-foot height within a required setback where only a three-foot fence would be permitted. The project, after utilizing the waivers and concession under the State Density Bonus Law, meets the applicable provisions of the City’s Zoning Code.
• Site Suitability: Much of the surrounding area includes similar style residences-common interest developments with multiple residences in a singular lot. See Attachment 1 for a vicinity map.
• No Adverse Effects: The design of the subdivision and type of improvements will not cause substantial environmental damage, as the project is a small-scale residential development that will comply with current Building Code requirements, including applicable provisions of the City’s Reach Code. The project would 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.
• Conflicts With Easements: As designed, the project would not conflict with any recorded public easements for access through or use of the proposed subdivision.
• Natural/Passive Heating and Cooling: The project will adhere to CALGreen energy efficiency measures to conserve energy through building design and site planning.
Recommendation
Staff and the Planning Commission recommend that the City Council approve the Project by approving all of the above-described actions because the Project would be compatible with adjacent land uses, and the project is consistent with the General Plan and applicable zoning standards. Findings can be made to support the approval of the vesting tentative subdivision map. Conditions of approval are proposed for the Project and are contained in Attachment 3.
As an alternative, the Council has the option to deny the project, or to refer the matter back to staff for modifications.
ENVIRONMENTAL REVIEW
The action being considered is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15332 (Class 32 - In-Fill Development Projects), in that the proposed project meets the following conditions:
(a) The project is consistent with the applicable General Plan designation and all applicable General Plan policies as well as with applicable zoning designation and regulations.
(b) The proposed development occurs within City limits on a project site of no more than five acres substantially surrounded by urban uses.
(c) The project site has no value as habitat for endangered, rare or threatened species.
(d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
(e) The site can be adequately served by all required utilities and public services.
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 was coordinated with the City Attorney’s Office.
PUBLIC CONTACT
Community Meeting
Consistent with the City’s state the year adopted Public Outreach Policy for Planning applications, a hybrid public outreach meeting was conducted by the Property Owner/Applicant on November 13, 2024, to engage the neighborhood community in the planning process. Notices of the meetings were mailed by the Property Owner/Applicant to properties within 500 feet of the project site boundaries, totaling 354 mailed notices, and posted on the City’s website. This meeting provided the community an opportunity to review and comment on the proposal and because of the community input, eight members of the public were in attendance. The overall concern from the public was regarding on-street parking, due to the project’s proximity to Levi’s Stadium and the problem some residents face with current demand for on-street parking. Each unit will have a two-car garage, per Santa Clara City Code, all single-family homes are required to have two covered parking spaces. Planning Division included a condition of approval to specify that all garage parking should be used for car parking and shall not be used exclusively for storage or etc.
Hearing Noticing
Public contact was made by posting the Development Review Hearing 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. 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 <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.
A public hearing notice was mailed to property owners within a 500-foot radius of the project site on November 6th, 2025. Notice was also published in the Weekly, a newspaper of general circulation, on December 3rd, 2025.
RECOMMENDATION
Recommendation
Open the Public Hearing and continue the item to the December 16, 2025 City Council Meeting.
Staff
Prepared by: Daniel Sobczak, Associate Planner, Community Development Department
Reviewed by: Afshan Hamid, Director of Community Development Department
Approved by: Jovan Grogan, City Manager
ATTACHMENTS
1. Vicinity Map
2. Resolution to Recommend Approval
3. Conditions of Approval
4. DRH Staff Report, 12/11/24
5. PC Staff Report, 10/8/25
6. Approved Architectural Review Plans
7. Vesting Tentative Map