REPORT TO DEVELOPMENT REVIEW HEARING
SUBJECT
Title
PUBLIC HEARING: Continuance of an Architectural Review (PLN23-00290) for the Demolition of the Existing 42,821 Square-Foot Industrial Building and Construction of an Eight-Story, 284-unit Multi-family Residential Building within the Patrick Henry Drive Specific Plan Area Located at 4590 Patrick Henry Drive
Report
File No: PLN23-00290
Location: 4590 Patrick Henry Drive, a 2.79-acre parcel located on Patrick Henry Drive between Old Ironsides Drive and Calabazas Creek; APN: 104-04-123
Applicant: Katia Kamangar
Owner: 4590 Patrick Henry Drive LLC
Request: Architectural Review for the demolition of the existing 42,821 square-foot industrial building and construction of an eight-story, 284-unit multi-family residential building within the Patrick Henry Drive Specific Plan Area. The project includes a tentative parcel map to subdivide the existing parcel into two parcels for the development of a 0.55-acre park that will be dedicated to the City.
PROJECT DATA
The Project Data and Compliance Table is included in the October 16, 2024 packet link contained within Attachment 1.
POINTS FOR CONSIDERATION
• The project was continued from the October 16, 2024 Development Review Hearing to provide a perspective view from the Sunnyvale residential properties abutting the Calabazas Creek.
• The applicant provided the requested rendering in Attachment 2.
• Staff maintains a recommendation for approval as the project is consistent with the Specific Plan objective standards with exception of the requested waivers and concession available to the applicant under the State Density Bonus Law.
Summary
• The project site is a 2.79-acre parcel located within the Patrick Henry Drive Specific Plan Area (adopted in 2022) (Specific Plan), bounded by a mix of commercial and industrial uses to the north, Great America Parkway to the east, Mission Community College to the south, and the Calabazas Creek and the City of Sunnyvale to the west. See Vicinity Map in the October 16, 2024 packet link contained within Attachment 1.
• The project site has a Zoning and General Plan Land Use Designation of Urban Village which accommodates transit-oriented, multi-family residential development at very-high densities between five-12 stories within the Specific Plan. The residential density range for this zone is 100-149 dwelling units per acre.
• The existing site is currently developed with a one-story 42,821 square foot light industrial building and associated surface parking lot.
• The proposed project would demolish the existing building on-site and redevelop the parcel to construct a new eight-story 284-unit multi-family residential building.
• The residential development consists of 284 dwelling units. The building will be 86 feet tall to the top of the parapet and would have a density of 127 units per acre.
• Per the Santa Clara City Code Chapter 18.120(D)(3), the request requires Architectural Review approval through a Development Review Hearing.
• A portion of the project site also has a Zoning and General Plan Land Use Designation of Parks and Open Space as the project includes a tentative parcel map to subdivide the existing parcel into two parcels for the development of a 0.55-acre park that will be dedicated to the City.
• Initially the applicant submitted a Preliminary Application (File No. PRE22-00071) pursuant to Senate Bill (SB) 330 (Housing Crisis Act of 2019) and was deemed complete by the City.
• Consistent with SB 330, a timely formal application was submitted. As required by the City’s Affordable Housing Ordinance, the project includes 15% of the total proposed units as affordable, representing 42 units. This breaks down to five percent (5%) at an average of 50% area median income (AMI), which is considered “very low income”; five percent (5%) at an average of 80% AMI (low income); and five percent (5%) at an average of 120% AMI (moderate income). Pursuant to State Density Bonus Law, because the project provides at least five percent (5%) of its base maximum units for very low income, amongst other benefits, it is also eligible for one concession and an unspecified number of waivers from development standards. The proposed project includes three waivers from the Specific Plan and one concession, all which staff has determined the project is eligible:
o Waiver of Guideline 5.5.2.5 For buildings with ground-floor residential uses, locate kitchens and living rooms- rather than bedrooms and other more private areas-to face streets to maximize privacy and security.
o Waiver of Standard 5.6.1.2 Limit the uninterrupted length of a building or complex to no more than 330 feet. For any building over 330 feet in length, break up the massing with a ground-floor inset or notch of at least 40 feet wide and 15 feet deep except for the edges fronting onto Mission College Boulevard.
o Waiver of Standard 5.6.1.9 Buildings that border Calabazas Creek, starting at 70 feet, shall be articulated with a five-foot average step back from the street wall, including building recesses and protrusions, for a minimum of 50% of each creek frontage, provided it meets the 1:1 daylight plane shown in the General Plan. Balconies and other architectural elements such as louvers are permitted in the recesses.
o Concession for Standard 5.3.1.3 - Create a 20-foot-wide continuous pedestrian zone including seven-foot-wide clear walkway, and an amenity zone along the curb for trees, planters and street furniture. Allow 5-foot walkways where above-grade utility structures are present. Mixed-use frontages shall also include an activity zone adjacent to the building.
• Projects submitted pursuant to SB 330 are subject to streamlined review (limited to five public hearings) and need to only be consistent with objective standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant and the public.
o As noted in the Findings section of this report, the project is consistent with the City’s General Plan, the Specific Plan and Zoning Code.
• A public hearing notice was mailed to property owners within a 1,320-foot radius of the project boundaries for the October 16, 2024, Development Review Hearing date.
Building Design
• The proposed building will consist of a mix of studios, one-bedroom, and two-bedroom units.
• The building design is consistent with the Specific Plan in that it aims to connect the building, the proposed park, and outdoor spaces.
• The primary massing of the building includes six vertical tower elements that are focused along the public facing Patrick Henry Drive façade and the new park to the south.
• The building design incorporates canted walls to break down the apparent mass of the building. The materials will include tile and stucco with a warm natural tone and color.
• The remainder of the building features a proportionate arrangement of fenestration, with variation achieved through balcony placement and application of a light- and dark-color to contrast the natural tan color of the primary volumes.
• A courtyard is proposed on the fourth floor and a roof deck and lounge is proposed on the eighth floor. Other amenities proposed by the project include a social lounge, fitness space, clubroom, yoga room, pool, and pool deck.
Open Space and Landscaping
• The Patrick Henry Drive street frontage has a 20-foot-wide continuous pedestrian zone, including a seven-foot sidewalk and six-foot landscape strip.
• A final tree removal and replacement plan will be reviewed by Planning prior to building permit issuance. For trees that cannot be replaced on-site, consistent with conditions of approval, the applicant shall pay the in-lieu fees prior to building permit issuance.
• The project includes a landscape plan for the site that incorporates a mixture of plant species and trees for planting within common areas and courtyards.
• Site design of the project includes bioretention areas for post construction stormwater runoff and compliance with stormwater regulations.
• Pursuant to the Specific Plan, the proposed project includes the dedication of a new 0.55-acre park open to the public. This dedication represents slightly less than one-third of what will ultimately become a larger park that is identified in the Specific Plan. Once the adjacent property develops, the remaining portion of the park will be dedicated consistent with the Specific Plan.
• The new park design and programming is conceptual in nature with the final design to be reviewed by the Parks and Recreation Commission and then approved by the City Council.
Site Circulation and Parking
• At the project site, there are currently two full-access driveways on Patrick Henry Drive that are to be removed.
• A new 26-foot driveway is proposed along the southern portion of the site along Patrick Henry Drive. The driveway would provide resident and visitor access, as well as emergency vehicle access with a full 124-foot diameter turn-around at the end of the entry road.
• Because the project is located within one-half mile of the Santa Clara Valley Transit Authority (VTA) Light Rail station, the project is not subject to any parking requirements consistent with Assembly Bill (AB) 2097 (2021). However, the project proposes up to 324 parking spaces with 310 spaces for residents and the remaining 14 parking spaces for guest parking. Vehicular parking is provided in a secure above grade garage on first three levels of the building.
• The Patrick Henry Drive street frontage will be improved with an eight-foot protected bicycle lane.
• Bicycle storage would be provided on the northwestern corner of the site. There is also an access-controlled dedicated bicycle storage room on the first level garage that can accommodate 284 Class I bicycles.
Findings Supporting Staff’s Recommendation
Granting the Architectural Review approval requires the following findings consistent with City Code Section 18.120.020(F):
Findings
1. That any off-street parking area, screening strips and other facilitates 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;
• While no parking is required, the project proposes structured parking located on the first three levels of the building, which is screened from view.
2. 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;
• The project is consistent in intensity with the Patrick Henry Specific Plan and provides on-site and off-site infrastructure mitigations and improvements consistent with the Patrick Henry Specific Plan Final Environmental Impact Report.
• Consistent with the Patrick Henry Drive Specific Plan, the project includes pedestrian improvements with development of the site to improve pedestrian connections to neighboring land uses.
3. 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 this title and the general plan of the City, in that;
• The project is compatible in scale and intensity of the intended development within the Patrick Henry Drive Specific Plan .
• The project is the construction of a 284-unit multi-family residential building at 127 dwelling units per acre consistent with the Urban Village Zoning and General Plan Land Use Designation for the site.
• The project incorporates a mixture of exterior materials and architectural features to create visual breaks and interest in the design.
4. 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;
• The project includes private on- and off-site improvements, that include private utilities and landscaping to serve the development.
• 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.
• An approved Mitigation Monitoring and Reporting Program (MMRP) accompanies the project and shall be implemented throughout project development to reduce any potential physical impacts to less than significant.
5. 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;
• The project is on balance consistent with the City’s General Plan policies and the Patrick Henry Drive Specific Plan goals and policies, inclusive of its State Density Bonus Law requests.
CONDITIONS OF APPROVAL
Conditions of approval are proposed for the project and are contained in Attachment 3.
ENVIRONMENTAL REVIEW
On March 22, 2022, the City of Santa Clara certified the Patrick Henry Drive Specific Plan (Specific Plan) Final Environmental Impact Report (FEIR) and approved the Specific Plan. The intent and purpose of the Specific Plan FEIR was to provide program-level environmental review for the Specific Plan, while allowing for specific development projects that would implement the Specific Plan to tier from the FEIR to avoid redundant environmental review by focusing only on those issues that would be specific to a given project and site location.
An Initial Study and Mitigated Negative Declaration (MND) was prepared for the project by the environmental consultant firm David J. Powers & Associates, in accordance with the California Environmental Quality Act (CEQA). This MND tiers from the Specific Plan FEIR and provides site-specific analysis for the proposed project and assesses consistency of the project with the Specific Plan. The Draft MND and Notice of Intent were posted on the City’s website at Environmental Review/CEQA | City of Santa Clara (santaclaraca.gov) <https://www.santaclaraca.gov/our-city/departments-a-f/community-development/planning-division/environmental-review-ceqa> and available for public review for 30-days between April 26, 2024 and May 26, 2024, in accordance with CEQA requirements. Five comment letters were received during the 30-day review period.
1. City of Sunnyvale
2. Lakewood Village Neighborhood Association
3. John C. Gordon
4. Holland & Knight
5. Sarah Jackett
The response to these comments were prepared and are contained in the October 16, 2024 packet link contained within Attachment 1.
The Draft MND examined potential environmental impacts associated with project development and identified significant impacts for biological, hazardous materials, and noise and vibration topics. Mitigation measures were identified for implementation that would reduce most of the significant project development impacts to less than significant levels. The measures and implementation schedule are identified in the Mitigation Monitoring and Reporting Program (MMRP) contained in the October 16, 2024 packet link contained within Attachment 1.
PUBLIC CONTACT
A community meeting for the proposed project was held on April 10, 2024.There were nine community members in attendance.
Public contact was also 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 1,320-foot radius of the project site on October 4, 2024. At the October,16, 2024 Development Review Hearing, the project was continued to the hearing of November 13, 2024. Given that the continuance was to a certain date, additional notice is not required for the continuance hearing.
RECOMMENDATION
Recommendation
1. Adopt the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) based on findings; and
2. Approve the Architectural Review for the demolition of the existing 42,821 square-foot industrial building and construction of an eight-story, 284-unit multifamily residential building located at 4590 Patrick Henry Drive, subject to the findings and conditions of approval.
Staff
Prepared by: Steve Le, Senior Planner, Community Development Department
Approved by: Sheldon S. Ah Sing, Development Review Officer, Community Development Department
ATTACHMENTS
1. Staff Report Packet link for the October 16, 2024 Development Review Hearing
2. Perspective Rendering
3. Conditions of Approval
4. Development Plans