REPORT TO CITY COUNCIL
SUBJECT
Title
Public Hearing: Action on a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, General Plan Amendment, Rezoning, and a Tentative Subdivision Map for the Cheeney Street Townhomes Project to be Comprised of up to Nine Residential Units (PLN2019-13846 / PLN2019-12857) located at 4249 Cheeney Street.
Report
COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development
BACKGROUND
On April 17, 2019, the applicant applied for a General Plan Amendment (GPA) to change the land use designation from Very Low Density Residential to Low Density Residential (8-19 DU/ac) and Rezone from Single-Family Residential (R1-6L) to Low-Density Residential (R2) on the subject site to accommodate an increase in residential density. The proposal includes a Tentative Subdivision Map for a condominium subdivision of up to nine units. The application was inactive and reactivated several times with turnover in developers and property owners since 2019.
On February 6, 2025, the project was presented to the Historical and Landmarks Commission (HLC) for their review as it is located within 200 feet of two Historic Resource Inventory (HRI) properties: the Agnew School, now a single-family residence, located at 2086 Agnew Road and a modified Greek Revival single-family residence, located at 4262 Davis Street. The HLC reviewed the project for neighborhood compatibility and consistency with the City’s Design Guidelines and made a recommendation to approve the Architectural Review with a lighter color scheme to lessen the contrast along the elevations. A link to the HLC staff report and associated documents is included in Attachment 7.
On June 11, 2025, the Planning Commission reviewed the project and discussed the need for additional housing in the area and across the City, affordable housing, setback, infrastructure impact, and proposed parking. The Planning Commission voted to recommend approval of the project to the City Council (7-0 vote). A link to the Commission Staff Report and associated documents is included in Attachment 8.
The project requires City Council approval of the Mitigated Negative Declaration, General Plan Amendment, Rezone and Tentative Subdivision Map. The project would then be heard at a future Development Review Hearing for approval of the Architectural Review.
DISCUSSION
At the June 11, 2025 Planning Commission meeting, staff provided a presentation and shared that the project site is within the vicinity of other multi-family and townhome developments of similar density and height. 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 project as the project meets all requirements for the R2 zoning district and the project is consistent with the proposed Low Density Residential General Plan land use designation.
During the Planning Commission meeting, the applicant team and staff answered Commissioner questions regarding affordable housing, setbacks, infrastructure impacts, and parking. All Commissioners were present at the hearing. In four motions, the Commission voted to recommend adoption of the Mitigated Negative Declaration (MND) and the Mitigation Monitoring and Reporting Program (MMRP) (7-0), approval of the General Plan Amendment to change the land use designation on the site from Very Low Density Residential to Low Density Residential (7-0), approval of the Rezoning from R1-6L to R2 (7-0), and approval of the Tentative Subdivision Map (7-0).
ENVIRONMENTAL REVIEW
The potential environmental impacts of the project were addressed in a MND prepared in accordance with the California Environmental Quality Act (CEQA) and circulated for public review for 30 days between December 13, 2024, and January 13, 2025.
A detailed discussion of the potential impacts and mitigation measures applied to the project are specified in the MND (Attachment 1) and would be implemented through project conditions of approval and the MMRP for the proposed project. In summary, the MMRP requires that the project mitigate possible air quality impacts, biological impacts, cultural resource impacts, and hazards and hazardous materials impacts by following certain mitigation measures. These measures require the reduction of construction emissions using Tier 4 equipment, scheduling work to avoid bird nesting season and conducting bird surveys, making qualified archaeologists available during construction, and preparing a construction safety and soil plan. A written response was prepared for one comment letter received during the public review and is included on the web link in Attachment 1.
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
On May 21, 2025, a hearing notice was published in the Santa Clara Weekly and on May 21, 2025, a notice of public hearing was mailed to property owners within 500 feet of the project site. At the time of preparation of this report, the Planning Division has not received any public comments.
Consistent with the City’s Public Outreach Policy for Planning Applications, public outreach meetings were conducted by the Property Owner/Applicant on October 24, 2024. Two members of the public attended the meeting and made comments related to parking, construction timeline, and cost of the units. The applicant discussed the parking arrangement and gave a general timeline for construction. The units would be sold at market value at the time of project completion.
ALTERNATIVES
1. Adopt a resolution adopting the Mitigated Negative Declaration and the Mitigation Monitoring or Reporting Program for the Cheeney Street Townhomes Project.
2. Adopt a resolution approving a General Plan amendment to change the land use designation from Very Low Density Residential to Low Density Residential.
3. Adopt a resolution approving a Rezone from R1-6L, Single Family Residential to R2, Low Density Residential.
4. Adopt a resolution approving a Tentative Subdivision Map for condominium purposes, subject to conditions of approval.
5. Deny the General Plan amendment to change the land use designation from Very Low Density Residential to Low Density Residential.
6. Deny the Rezone from R1-6L, Single Family Residential to R2, Low Density Residential.
7. Deny the Tentative Subdivision Map for condominium purposes.
RECOMMENDATION
Recommendation
1. Adopt a resolution adopting the Mitigated Negative Declaration and the Mitigation Monitoring or Reporting Program for the Cheeney Street Townhomes Project.
2. Adopt a resolution approving a General Plan amendment to change the land use designation from Very Low Density Residential to Low Density Residential.
3. Adopt a resolution approving a Rezone from R1-6L, Single Family Residential to R2, Low Density Residential.
4. Adopt a resolution approving a Tentative Subdivision Map for condominium purposes, subject to conditions of approval.
Staff
Reviewed by: Afshan Hamid, Director of Community Development Department
Approved by: Jovan Grogan, City Manager
ATTACHMENTS
1. Web Link to Mitigated Negative Declaration and Mitigation Monitoring or Reporting Program
2. Resolution Adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program
3. Resolution Approving the General Plan Amendment
4. Resolution Approving the Rezone
5. Resolution Approving the Tentative Subdivision Map
6. Conditions of Tentative Subdivision Map Approval
7. Web Link to HLC Staff Report of February 6, 2025
8. Web Link to PC Staff Report of June 11, 2025
9. Vicinity Map
10. Project Data and Compliance Table
11. Tentative Subdivision Map
12. Development Plans