REPORT TO COUNCIL
SUBJECT
Title
Public Hearing: Actions on an Environmental Impact Report (EIR) and Mitigation Monitoring and Reporting Program (MMRP), General Plan Amendment to the Community Mixed-Use Designation and Related Policies, Rezone to Planned Development, and Vesting Tentative Subdivision Map for the Development of 50 Multi-Family Residential Units, Four Townhomes, Three Single-Family Residences, and 3,800 Square Feet of Ground floor Commercial Space for the Properties Located at 906-950 Monroe Street and 1341 Homestead Road
Report
COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development
BACKGROUND
Lamb Partners LLC (“Owner”) filed an application to redevelop the property located at 906-950 Monroe and 1341 Homestead Road from commercial and single-family residences to a mixed-use residential project with on- and off-site improvements.
The proposed project involves a General Plan Amendment to modify the Community Mixed Use Designation and associated policies; Rezoning from General Office (OG), Historic Combining (HT), and Community Commercial (CC) to Planned Development (PD); Environmental Impact Report (EIR) and Mitigated Monitoring and Reporting Program (MMRP); and a Vesting Tentative Subdivision Map, that would collectively allow the development of a six-story mixed-use project comprised of 50 multi-family residential units, four townhomes, and three single-family residences (average density is 65.5 DU/AC). The project would also include on-site parking and amenities, landscaping, off-site improvements, and an 871 square foot community meeting room available for use by the general community.
The project site includes property that currently has a Historic Combining (HT) zoning designation. SCCC Section 18.58.030 provides for the review and input of the Historical and Landmarks Commission (HLC) prior to rezoning an HT property, and on June 29, 2023, the HLC conducted a duly noticed public meeting to consider the proposal. At the June 29 meeting, the HLC voted 4-0 to forward the EIR to the Planning Commission with no recommendation, voted 4-0 to recommend denial of the rezoning and Vesting Tentative Subdivision Map, voted 4-0 to recommend denial of the Architectural Review of the project design, and 4-0 to recommend approval of the Minor Significant Property Alteration, subject to conditions. The HLC staff report is included as Attachment 3.
The project was presented to the Planning Commission at a publicly noticed special meeting on July 13, 2023. The Planning Commission staff report (Attachment 2) provides an analysis of the project’s conformance with the General Plan, Zoning and other regulations. The HLC’s recommendation on the proposal was included with this staff report for Planning Commission consideration. The Planning Commission voted 7-0 to recommend certification of the project EIR, and approval of the proposed General Plan Amendment and Rezoning, and 6-1 to recommend approval of the Vesting Tentative Map. The Commission also separately voted to recommend an additional condition of approval related to establishing a preservation plan for the historic properties, as noted below.
DISCUSSION
At the July 13, 2023 Planning Commission meeting, staff presented an overview of the proposal, addressing site conditions and surrounding uses, frontage improvements, community outreach, and the EIR prepared for the project in conformance with the California Environmental Quality Act (CEQA). The applicant then made a presentation highlighting how the proposal had evolved during the entitlement process, community outreach, project improvements and benefits, parking accommodations, and transition of the building mass.
Twenty-nine members of the public provided comment in person and via Zoom with 17 speaking in opposition and 12 speaking in support of the project. Public comments included concerns regarding the building mass being too large, privacy impacts on abutting single-family homes, and the project being considered prior to the adoption of the Downtown Precise Plan and Form Based Code (which are scheduled to be considered by the City Council later in 2023). Other members of the public commented on the project’s contribution to housing needs and the viability of the downtown, and in support of its commercial viability and preservation of houses on the Historic Resource Inventory (HRI).
Following public comment, the Planning Commission discussed the project and the entitlements under their purview including the desire for measures to protect the historic properties during construction of the project and the desire by some Commissioners to encourage local labor to be included in the construction. The Planning Commission then concluded deliberations and made the following motions:
1. Motion (7-0-0): Adopt a resolution to recommend the City Council certify the Environmental Impact Report, make findings with respect thereto, and adopt the Mitigation Monitoring and Reporting Program for the 950 Monroe Street Project.
2. Motion (7-0-0): Adopt a resolution to recommend the City Council approve a General Plan Amendment to modify the text for the Community Mixed Use land use designation for properties in the downtown focus area and make related changes to General Plan policies.
3. Motion (7-0-0): Adopt a resolution to recommend the City Council approve a rezone from General Office (OG), Historic Combining (HT), and Community Commercial (CC) to Planned Development (PD) to allow a six-story mixed-use development with 50 units, four townhomes, and three single-family residences with on-site parking and amenities, landscaping, and off-site improvements, with added standards for the two HRI properties with provisions of the HT Zoning District (Sections 18.58.050,18.58.060, and 18.58.070) that would be applicable to both HRI properties; and with an added section 5 in the resolution to read “The Planning Commission encourages the Owner and any contractors or subcontractors working on the Project to evaluate hiring local labor, hiring from or contributing to apprenticeship programs, increasing resources for labor compliance, and providing living wages during the development of this Project.”
4. Motion (6-1-0): Adopt a resolution to recommend City Council approval of a Vesting Tentative Subdivision Map.
5. Motion (6-1-0): Direct staff to prepare a condition of approval to recommend to the City Council for adoption based on the idea that “where the historic structure is exposed to adjacent construction or demolition work, a protective plan including documentation, monitoring and specific safeguards be implemented to prevent damage and loss of historic fabric.”
Staff added condition P23 to the proposed Conditions of Rezone Approval (Attachment 9) as directed by the Planning Commission. The applicant has not agreed to include this condition.
P.23 The developer shall prepare a protective plan for 906 and 930 Monroe Street and 945 Madison Street residences consistent with the National Park Service’s Temporary Protection notes on “Protecting A Historic Structure during Adjacent Construction.” The projective plan shall be prepared for Planning review prior to Building permit issuance and include documentation, monitoring and protective measures to prevent damage and loss of historic fabric.
General Plan Amendment Text - Project frontage along west side of Monroe Street and also located south of Franklin Street and north of Homestead Road and limitation of height to six stories
In response to community input, staff reviewed the potential impact the proposed General Plan Amendment could have on properties other than the subject site. As drafted, the proposed General Plan text includes limitations (e.g., location within the Downtown Focus Area) that would need to be in place in order for the amended General Plan text to be relevant. However, it was found that even with these criteria, several other sites could also be affected outside of the current request. Accordingly, staff has added another requirement limiting the applicability of the General Plan Amendment to properties that have frontage along the west side of Monroe Street and are also located south of Franklin Street and north of Homestead Road. This added criterion limits the applicability of the General Plan Amendment to the proposed project site. If approved by the City Council, this added criterion would apply to all aspects of the General Plan Amendment, including both the changes to allowed density and considerations related to neighborhood compatibility. The limitation would address this particular community concern and not affect the current development proposal. The attached General Plan Amendment Resolution includes this change as recommended by staff.
As proposed at the Planning Commission meeting, the area subject to the General Plan Amendment was indicated with a maximum allowable height of eight stories. Given that the proposed development is proposed at six stories, staff has modified the General Plan Amendment text to indicate a maximum allowable height of six stories. The attached General Plan Amendment Resolution includes this change as recommended by staff.
Affordability Level
The applicant had previously indicated that the project would comply with the City’s Affordable Housing Ordinance which requires 15% of units restricted to the 100% Area Median Income (AMI) level. Since the Planning Commission meeting the applicant shared that they are now proposing to provide 20% of units restricted to 100% AMI. The General Plan Amendment resolution and Conditions of Approval for the Rezoning have been modified to include the new proposed level of affordability.
ENVIRONMENTAL REVIEW
An Environmental Impact Report (EIR) was prepared for the project by the environmental consultant firm David J. Powers & Associates, Inc., in accordance with the California Environmental Quality Act (CEQA). The EIR and Notice of Availability were posted on the City’s website at <https://www.santaclaraca.gov/our-city/departments-a-f/community-development/planning-division/environmental-review-ceqa> and circulated for 45-day review on October 14, 2022 to November 30, 2022, in accordance with CEQA requirements. During the review period, the Community Development Department received agency comments on the EIR from Valley Water, the Santa Clara Valley Transportation Authority, and the Department of Toxic Substances Control, which are provided in this report, along with responses to comments for review.
The EIR identified potential environmental impacts associated with project development and identified air quality, biological, cultural resources, geology and soils, hazards and hazardous materials, and noise impacts that with incorporation of mitigation measures into the project would reduce all potential impacts to less than significant. A detailed discussion of the potential impacts and mitigation measures to be applied to the project are specified in the EIR and would be implemented through project conditions of approval and the Mitigation Monitoring and Reporting Program (MMRP) for the proposed project.
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 Council 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 <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library. Furthermore, public outreach for the project is consistent with City Council Resolution No. 17-8456, regarding public outreach policy.
On August 11, 2023, a notice of public hearing of this item was posted in three conspicuous locations within 300 feet of the project site. A notice of public hearing was also published in the Weekly, a newspaper of general circulation in the City, on June 28, 2023. The Planning Department has received comments on the project and are attached as Public Correspondence (Attachment 8) to this report for review.
Community Meetings
A virtual public outreach meeting was conducted by Salvatore Caruso (applicant) on December 1, 2020 to engage the neighborhood community in the planning process. Notices of the meeting were mailed by the applicant to property owners within 1,000 feet of the project boundaries and interested parties and was also posted on the City’s website. The applicant also presented the project at a meeting of the Downtown Precise Plan Task Force on January 21, 2021. These meetings provided the community the opportunity to convey their concerns to the applicant regarding the type and density of housing proposed for the site, building height, landscaping, traffic safety, commercial vacancy, and preservation of historic resources.
At their January 21, 2021 meeting, the Downtown Community Task Force voted 9 - 0 to write a letter to the Historical and Landmarks Commission, Planning Commission, and the City Council to transmit their comments on the project (Attachment 10). The specific concern raised by the Task Force is that the development does not consider the Downtown Precise Plan, Form Based Code, or even the current General Plan. The applicant had made significant changes prior to the Task Force meeting based upon community feedback at the December 1, 2020 meeting, which included keeping the single-family residence at 1341 Homestead Road and changing a four-story portion of the residential building to two-story townhomes on the west side.
ALTERNATIVES
1. Adopt a resolution to adopt the Environmental Impact Report, CEQA Findings, and the Mitigation Monitoring and Reporting Program for the 950 Monroe Street Project.
2. Adopt a resolution to approve a General Plan Amendment to modify the text for the Community Mixed Use land use designation and related policies.
3. Adopt a resolution to approve a Rezone from General Office (OG), Historic Combining (HT), and Community Commercial (CC) to Planned Development (PD) to allow a six-story mixed-use development with 50 units, four townhomes, and three single-family residences with on-site parking and amenities, landscaping, and off-site improvements, with added standards for the two HRI properties with provisions of the HT Zoning District (Sections 18.58.050,18.58.060, and 18.58.070) that would be applicable to both HRI properties.
4. Adopt a resolution to approve a Rezone from General Office (OG), Historic Combining (HT), and Community Commercial (CC) to Planned Development (PD) to allow a six-story mixed-use development with 50 units, four townhomes, and three single-family residences with on-site parking and amenities, landscaping, and off-site improvements, with added standards for the two HRI properties with provisions of the HT Zoning District (Sections 18.58.050,18.58.060, and 18.58.070) that would be applicable to both HRI properties; and with an added section 5 in the resolution to read “The City Council encourages the Owner and any contractors or subcontractors working on the Project to evaluate hiring local labor, hiring from or contributing to apprenticeship programs, increasing resources for labor compliance, and providing living wages during the development of this Project;
5. Adopt a resolution to approve a Vesting Tentative Subdivision Map.
6. Deny the General Plan Amendment to modify the text for the Community Mixed Use land use designation and related policies.
7. Deny the Rezone from General Office (OG), Historic Combining (HT), and Community Commercial (CC) to Planned Development (PD) to allow a six-story mixed-use development with 50 units, four townhomes, and three single-family residences with on-site parking and amenities, landscaping, and off-site improvements.
8. Deny the Vesting Tentative Subdivision Map.
RECOMMENDATION
Recommendation
1. .Adopt a resolution to adopt the Environmental Impact Report, CEQA Findings, and the Mitigation Monitoring and Reporting Program for the 950 Monroe Street Project.
2. Adopt a resolution to approve a General Plan Amendment to modify the text for the Community Mixed Use land use designation and related policies.
3. Adopt a resolution to approve a Rezone from General Office (OG), Historic Combining (HT), and Community Commercial (CC) to Planned Development (PD) to allow a six-story mixed-use development with 50 units, four townhomes, and three single-family residences with on-site parking and amenities, landscaping, and off-site improvements, with added standards for the two HRI properties with provisions of the HT Zoning District (Sections 18.58.050,18.58.060, and 18.58.070) that would be applicable to both HRI properties.
4. Adopt a resolution to approve a Vesting Tentative Subdivision Map
Staff
Reviewed by: Andrew Crabtree, Director of Community Development
Approved by: Jōvan D. Grogan, City Manager
ATTACHMENTS
1. Final Environmental Impact Report Link to MMRP, CEQA Findings, and Response to Comments
2. Planning Commission Staff Report of July 13, 2023
3. Draft Historic Landmarks Commission Meeting Minutes of June 29, 2023
4. Historic Landmarks Commission Staff Report of June 29, 2023
5. Resolution Adopting Council Adopt the Environmental Impact Report and Mitigation Monitoring and Reporting Program
6. Resolution Approving Council Approve the General Plan Amendment
7. Resolution Approving the Council Approve the Rezone
8. Resolution Approving the Council Approve the Vesting Tentative Subdivision Map
9. Public Correspondence
10. Conditions of Approval for Rezoning
11. Conditions of Approval for Vesting Tentative Subdivision Map
12. Development Plans