REPORT TO COUNCIL
SUBJECT
Title
Public Hearing: Action on a Vesting Tentative Subdivision Map (PLN25-00225) for a One-Lot Subdivision for Condominium Purposes for 11 Townhouses Located at 1530 and 1540 Pomeroy Avenue.
Report
COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development
BACKGROUND
The Applicant, Omid Shakeri, from the Ridgecrest Group Inc. on behalf of the property owner Masud Maesumi, requested approval of a Vesting Tentative Subdivision Map (File No. PLN25-00225) to allow the merger of two adjacent parcels (subject site) with a total area of 0.48 acres (APN: 290-02-096, 290-02-097) and the creation of a one-lot subdivision for condominium purposes to accommodate a development project that includes the demolition of existing structures and the construction of 11 townhouses, vehicular driveways, parking, and common and private open spaces. Two one-story vacant single-family residences currently occupy the subject site. See Vicinity Map (Attachment 1).
City Council review and approval of the Vesting Tentative Subdivision Map is required under (SCCC) section 17.05.300(g) for Subdivision Map applications with a recommendation from the Planning Commission.
Pursuant to Santa Clara City Code Section 18.120.020.D.3, the development proposal required Architectural Review approval through a Development Review Hearing (DRH). On May 14, 2025, the project (File No. PLN24-00568) received Architectural Review approval. The approval allows the applicant to redevelop the two contiguous parcels as follows:
o 1530 Pomeroy Ave (0.23 acres; Zoned: Medium Density Residential (R3)): Construct a three-story building with five attached townhouses in conformance with the density range of 20-36 units per acre for R3 zoning district.
o 1540 Pomeroy Ave (0.25 acres; Zoned: Mixed Use Community Commercial (MU-CC): Construct a three-story building with six attached townhouses in conformance with the density range of 20-36 units per acre for MU-CC zoning district.
The development on each parcel conforms to the allowed uses and to the corresponding zoning regulations for each parcel. As part of the proposal, the applicant proposes to merge the parcels and create a one-lot condominium subdivision. The subdivision will allow the applicant to sell the townhouses individually, while the land will be owned collectively by the townhouse owners and managed through a declaration of covenants, conditions, and restrictions (CC&Rs).
At a publicly noticed meeting on August 13, 2025, the Planning Commission reviewed the Vesting Tentative Subdivision Map to allow the merger of two adjacent parcels and the creation of a one-lot subdivision for condominium purposes to accommodate the development project and recommended approval (6-0-1, Bhatnagar absent) to the City Council.
DISCUSSION
At the August 13, 2025, Planning Commission meeting, staff presented an analysis of the project’s conformance with the General Plan, Zoning Code and the Subdivision Code. The Planning Commission Staff Report with detailed analysis of the project is included as Attachment 2. During the meeting, the Commission had questions regarding:
• Conformance of the side setbacks with code.
• Will the proposed units count towards City’s required Regional Housing Needs Allocation (RHNA).
• Is the parking provided meeting code and will storage in garages preclude parking.
• Review of the CC&Rs by the City and the developer.
• Previous proposal and modifications.
• Providing affordable units under the Affordable Housing Ordinance.
In response to these questions, staff shared that the project provided a ten-foot side setback on the south and the existing residence on the adjacent property seems to be approximately four-feet away from the property line. Staff confirmed that the proposed 11 residential units will count towards the City’s RHNA and will be included in the annual report to the State for permitted units and then again after construction, as constructed units. Responding to the question on parking, staff explained that a two-car garage is provided for each of the six townhouses on 1540 Pomeroy and a one-car garage is included for each of the five units for 1530 Pomeroy. In addition, five unbundled surface parking spaces are provided onsite. This exceeds the City’s parking requirement for 1.5 parking spaces for three-bedroom units. The applicant added that the project has been conditioned, and it will be included in the CC&Rs to keep the garage clear from storage to allow for the cars to be parked.
In response to the Commission’s question about the review of CC&Rs, staff shared that the City Attorney’s Office reviews them. The Assistant City Attorney added that there is a checklist developers are required to fill out, and maintenance of the common areas is included in the CC&Rs. Further, any amendment to the CC&Rs requires City approval. If a developer proposes modifications to the approved project or architecture, they will need to be approved by the City. Responding to the question on the previous proposal, staff noted that the previous proposal included six three-story townhouses on the 1540 Pomeroy parcel and two two-story houses on the 1530 Pomeroy parcel. The developer shared that they had to increase the number of units from two to five on the 1530 Pomeroy parcel to meet the minimum density requirements. As a part of the Zoning Code update, the City rezoned the parcel at 1530 Pomeroy from R3-18D (Low-Density Multiple Dwelling) to R3 (Medium-Density Residential), which allows for a density range of 20-30 units per acre. The staff shared that the project is conditioned to provide 1.65 affordable units, and the developer has chosen to provide one affordable unit and an in-lieu fee for the fractional unit.
At the Planning Commission Hearing, one member of the public spoke about the project's impact on the existing multifamily houses at 1360 Calabazas Boulevard. The applicant clarified that this project site is on the other side of Pomeroy Avenue and is not adjacent to the multifamily houses on Calabazas Boulevard. No emails or letters from the public were received.
At the end of the discussion, the Planning Commission unanimously recommended approval of the project to the City Council.
The findings required for approval of the proposed Vesting Tentative Map include the following:
• General Plan Consistency: The subdivision would effectuate the redevelopment of an underutilized site, and Policy 5.3.1-P8 encourages the redevelopment of underutilized and vacant parcels. The design and improvements would support General Plan transition policies between the neighboring commercial and single-family residential uses, and encourage multi-modal transportation given the proximity to transit connections.
• Site Suitability: The type of development (multifamily residential) is appropriate given the commercial uses to the north and the single-family residential uses to the south, and the density of development is appropriate given that it meets the density ranges in the updated zoning code and the site is in an urbanized area served by existing utilities and infrastructure.
• No Adverse Effects: The design of the subdivision and type improvements will not cause substantial environmental damage, as the 2021 IS/MND included mitigation measures that reduced air quality, biological, cultural, geological, and hazmat impacts to less than significant levels, and the 2025 Addendum concluded that no new impacts would result from the revised project. 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: Both structures have an east-west alignment for southern exposure.
The detailed findings are included in the attached Resolution of approval (Attachment 3)
There are a number of conditions of approval for the subdivision, the first one being that the developer is still subject to all conditions imposed under the May 14 architectural approval. Key conditions for the two approvals include the following:
• Replacement of trees removed at a 2:1 ratio
• Affordable housing agreement for the provision of 1 affordable unit and one fractional fee
• Garages must be kept clear and available for automobile parking
• Developer must submit CC&Rs for City review and approval
• Developer must comply with all MND Mitigation Measures, such as protection of bird nests and trees to be preserved, and limitations on construction emissions
The full set of project approval conditions are contained in the attached Conditions of Vesting Tentative Subdivision Map Approval (Attachment 4).
Recommendation
Based on the proposed project’s conformance with the General Plan, the Zoning Code, and the certified Housing Element, and the Planning Commission recommendation to the City Council, staff recommends City Council make the required findings and approve the Project on the conditions presented.
As an alternative, if the City Council were to determine that the required findings for approval cannot be made, the City Council has the discretion to deny the Project and to direct staff to return with a formal resolution of denial at a future meeting for Council action.
ENVIRONMENTAL REVIEW
On August 18, 2021, the City adopted the 1530/1540 Pomeroy Avenue Residential Project Initial Study/Mitigated Negative Declaration (IS/MND) at a Development Review Hearing (DRH) for the earlier eight-unit development proposal at the Project Site. For the new proposal, an Addendum to the IS/MND was prepared pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15164 and adopted at the May 14, 2025, DRH. The addendum concluded, pursuant to CEQA Guidelines Section 15162, that there would not be any new or substantially more severe significant impacts not already addressed in the 2021 IS/MND, nor was there any new information of substantial importance that would have triggered additional environmental review.
The proposed Vesting Tentative Subdivision Map is consistent with the approved project analyzed in the Addendum and would not result in a new impact on the environment or significantly increase the severity of any previously identified impact.
FISCAL IMPACT
There is no cost to the City other than administrative staff time and expense for the processing of this application.
COORDINATION
This report has been coordinated with the City Attorney’s Office.
PUBLIC CONTACT
Community Meeting
On March 13, 2024, the Applicant conducted a hybrid community meeting. Six members of the public attended in-person, and four members of the public attended virtually. The topics discussed included architecture, allowable density, parking, applicable zoning regulations, and impact to the adjacent single-family homes. To address the public comments, the applicant made modifications to the elevations by emphasizing vertical distinction between the units, aligning the windows and simplifying the roof form, which resulted in the final proposal that was approved at the DRH.
On July 30, 2025, a notice of public hearing was published in the Santa Clara Weekly, a newspaper of general circulation, and on July 31, 2025, a notice of this item was mailed to property owners within 1,000 feet of the project site with 1,320 notices mailed, and the developer posted a sign on the property. At the time of this report, the Planning staff has not received any public comments regarding the Tentative Map.
RECOMMENDATION
Recommendation
1. City Council find that the proposed subdivision falls within the scope of the adopted CEQA Addendum prepared for the project and no further analysis is required; and
2. Adopt a resolution approving the Vesting Tentative Subdivision Map to merge the two parcels and create a one-lot subdivision for condominium purposes for 11 townhouses and common area at 1530/1540 Pomeroy Avenue, making the required findings and subject to conditions of approval.
Staff
Reviewed by: Afshan Hamid, Director, Community Development Department
Approved by: Jovan Grogan, City Manager
ATTACHMENTS
1. Vicinity Map
2. Planning Commission Staff Report August 13, 2025
3. Resolution Approving the Vesting Tentative Subdivision Map
4. Conditions of Vesting Tentative Subdivision Map Approval
5. Vesting Tentative Subdivision Map