REPORT TO PLANNING COMMISSION
SUBJECT
Title
Public Hearing: Action on a Tentative Subdivision Map (PLN26-00169) for 24 Commercial Condominium Lots and a Common Lot for Egress, Located at 3501 and 3511 Thomas Road. CEQA: Exempt per Section 15301(k) (Class 1 - “Existing Facilities”).
Report
REPORT IN BRIEF
Applicant: Xavier Campos, VER Engineers
Owner: Susan Gray Trustee & Et Al
General Plan: Low Intensity Office / R&D
Zoning: Low-Intensity Office/R&D - LO-RD
Site Area: 95,955 square feet
Existing Site Conditions: The site is currently developed with surface parking and two one-story commercial buildings totaling 39,165 square feet.
Surrounding Land Uses:
• North: Mechanical contractor across Norman Avenue (LO-RD)
• East: Manufacturing across Leonard Court (LO-RD)
• South: Solid Waste and Recycling (LO-RD)
• West: Commercial Offices across Thomas Road (LO-RD)
Staff Recommendation:
Recommend approval of the Tentative Subdivision Map to the City Council for the creation of 24 commercial condominium lots and a common lot for egress, located at 3501 and 3511 Thomas Road, subject to findings and conditions of approval.
BACKGROUND
On April 7, 2026, VER Engineers, on behalf of Mark Heavey Mosaic Partners (“Applicant”), submitted a Tentative Subdivision Map application (File No. PLN26-00169) to create 24 commercial condominiums and a common lot for egress. See the Vicinity Map (Attachment 1) for location of the property.
The project site currently includes two one-story buildings totaling 39,165 square feet, and an associated parking lot and underground utilities. No site improvements, alterations, or construction are proposed.
The Subdivision Clearance Committee (SCC) deemed the Tentative Map Application complete on August 11, 2026. The Planning Commission shall review each complete tentative map application and shall make recommendations of denial, approval or conditional approval to the City Council as required under Code Section 17.05.300(g) - Tentative Maps. The City Council is the ultimate decision authority for Tentative Maps.
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 conformance with the Subdivision Map Act, pursuant to Gov’t Code § 66474. In accordance with Chapter 17.05 of the City Code, the project requires a tentative subdivision map because there are five or more lots proposed. The Tentative Map Application includes the creation of 24 commercial condominium lots and a common lot for egress.
The proposed Tentative Map was reviewed by the City’s SCC and deemed complete and cleared on August 11, 2026. Staff 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 Tentative Map Application meets the requirements set forth in City Code Section 17.05 and the proposed subdivision, together with the proposed design and improvement, is compatible with adjacent land uses, consistent with the City’s General Plan and all applicable provisions of the City Code, including the zoning code. The findings made to support the approval of the Tentative Map Application are set forth in this Staff Report and in the attached Resolution.
Proposed Planning Commission Actions
1.CEQA Determination
Determine the Tentative map to be categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(k) (Class 1 -- Existing Facilities) in that the project is a subdivision of existing commercial or industrial buildings where no physical changes occur to those buildings.
2.The Tentative Map Application is presented to the Planning Commission for review and to make a recommendation of denial, approval or conditional approval to the City Council. The Tentative Subdivision Map is a quasi-judicial decision with a list of required findings set forth in City Code Section 17.05.300(h)(5), including that the site is suitable for the density and design of development and that the project is consistent with the General Plan.
For the Planning Commission to recommend approval of the Tentative Map Application, it must find the following:
a. General Plan Consistency: The subdivision would implement the General Plan land use designation of Low Intensity Office / R&D by facilitating the continued commercial land uses at an intensity of 0.41 FAR, which is below the maximum FAR of 1.0. To the extent physical work is required to implement the subdivision, the conditions of approval require limited frontage, pedestrian-access, sewer, utility, solid-waste, and related infrastructure improvements-including ADA-compliant frontage improvements and repair of damaged curb, gutter, and sidewalk, as directed by the City Engineer; sewer lateral upgrades; sidewalk easements; and utility facilities and easements necessary to serve the newly created parcels. These requirements are consistent with General Plan Policies 5.3.1-P9 and 5.3.1-P17, which support adequate public facilities, infrastructure, and utility service levels; Policy 5.3.1-P12, which encourages convenient pedestrian connections within new and existing development; Policy 5.3.1-P28, which encourages undergrounding of new utility lines and equipment; and Policies 5.8.4-P5, 5.8.4-P7, and 5.8.4-P8, which promote accessible, safe pedestrian facilities and City-standard sidewalks, street trees, lighting, and related frontage improvements.
b. Site Suitability: The existing uses are longstanding uses that will continue and have proven to be compatible with the surrounding area, which includes similarly configured light industrial and/or office / R&D properties. See Attachment 1 for a vicinity map. The intensity of development is 0.41 FAR, which is below the maximum FAR of 1.0.
c. No Adverse Effects: The design of the subdivision and type of improvements will not cause serious health problems, will not cause substantial environmental damage, and will not substantially or unavoidably injure fish or wildlife or their habitat. The Tentative Map does not propose any physical changes to the property or existing buildings, other than site improvements proposed as conditions of approval.
d. Conflicts with Easements: As designed, the project would not conflict with any recorded public easements for access through or use the proposed subdivision. The Project would be required to record a new underground electric easement (UGEE) around the existing transformer, but that UGEE would not alter any existing easements or access.
e. Natural/Passive Heating and Cooling: No physical changes to the property or existing buildings are proposed, other than site improvements proposed as conditions of approval.
CONDITIONS OF APPROVAL
The Tentative Subdivision Map includes the conditions of approval in the form drafted by staff (Attachment 3).
ENVIRONMENTAL REVIEW
The project is categorically exempt from the California Environmental Quality Act (CEQA) formal pursuant to CEQA Guidelines Section 15301(k) (Class 1 - “Existing Facilities”), the project proposes the subdivision of existing commercial or industrial buildings where no physical changes occur to those buildings.
The proposed Tentative Subdivision Map is consistent with the approved City’s General Plan 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 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 September 24, 2026, the notice of public hearing for this item was mailed to 108 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 September 23, 2026. At the time of this staff report, no comments have been received by the Planning Division in support of or opposition to the project.
RECOMMENDATION
Recommendation
1. Recommend the project be determined categorically exempt from the California Environmental Quality Act (CEQA) formal pursuant to CEQA Guidelines Section 15301(k) (Class 1 - “Existing Facilities”),
2. Adopt a resolution recommending the City Council approve the Tentative Subdivision Map to create 24 Commercial Condominium Lots and a Common Lot for Egress at 3501 and 3511 Thomas Road, subject to findings and conditions of approval.
Staff
Prepared by: Summer Foss, Assistant 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 Tentative Subdivision Approval
4. Tentative Map