REPORT TO PLANNING COMMISSION
SUBJECT
Title
Action on a Vesting Tentative Subdivision Map for 1530 and 1540 Pomeroy Avenue
Report
BACKGROUND
The Applicant, Ridgecrest Group Inc., is requesting approval of a Vesting Tentative Subdivision Map (PLN21-15320) to subdivide two residential parcels with a total lot area of approximately 21,000 square feet into eight condominium lots and a common parcel at 1530 and 1540 Pomeroy Avenue for the development of eight condominium units. The project site is located on the west side of Pomeroy Avenue between El Camino Real and Granada Ave. The project would construct two detached single-family residences on the southern parcel (1530 Pomeroy Avenue) that borders single-family residences to the west and to the south. The parcel on the north (1540 Pomeroy Avenue) that borders commercial uses to the north and the west, would be occupied with six, three-story attached townhomes.
Currently, the property contains two parcels. The parcel at 1530 Pomeroy Avenue is zoned Low Density Multiple Dwelling (R3-18D) and has a General Plan land use designation of Very Low Density Residential (up to 10 dwelling units per acre). The proposed two single-family homes are permitted uses per the zoning code and would result in a density of 8.7 du/acre based on the lot size of 10,080 square feet (0.23 acre) and is therefore, consistent with density of up to 10 units per acre allowed for the Very Low Density Residential land use designation.
For the parcel at 1540 Pomeroy Avenue, the project utilizes Assembly Bill (AB) 3194 (2019), which prohibits a local agency from requiring rezoning if a proposed project is consistent with the General Plan, but the zoning for the project site is inconsistent with the General Plan. Further, a local agency may require the proposed housing development project to comply with the objective standards and criteria of the zoning code that is consistent with the General Plan; however, the standards and criteria are to be applied to facilitate and accommodate development at the density allowed on the site by the General Plan and proposed by the housing development project.
For 1540 Pomeroy Avenue, the zoning is Agricultural (A) and the General Plan land use designation is Community Mixed Use (CMU). Pursuant to AB 3194, the project will employ the objective standards of the Medium Density Multiple Dwelling (R3-36D) zoning district to construct six attached townhomes, which is a permitted use in this zoning district. The prescribed density range for Community Mixed Use designation of 20-36 du/acre would allow construction of 5-9 units on this site. Based on the lot size of 10,920 square feet (0.25 acres) the density for the proposal to construct the six units is 24 du/acre and within the allowable density range.
The Architectural Review (PLN2019-13924) for the proposed six, three-story townhomes and two, detached two-story single-family residences was approved at the Development Review Hearing on August 18, 2021, finding the project consistent with the applicable requirements of Santa Clara City Code (SCCC) chapters 18.16 (R3-18D) and 18.20 (R3-36D). Planning Commission review, and a recommendation to the City Council, is required under (SCCC) section 17.05.300(g) for Subdivision Map applications.
DISCUSSION
Vesting Tentative Subdivision Map applications are reviewed for General Plan and Zoning Code consistency and conformance with the Subdivision Map Act. The proposed subdivision is consistent with the approved site plan, improvements, private street, surface parking, landscape open space areas, and associated utilities on the project site for the development of eight residential units with two detached single-family residences on 1530 Pomeroy Avenue and six attached townhomes. The proposed Vesting Tentative Subdivision Map was reviewed by the City’s Subdivision Clearance Committee and determined to be complete on January 11, 2022. Staff has 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. Conditions of Approval have been prepared and are provided as Attachment 3. The conditions include a requirement for recordation of Covenants, Conditions and Restrictions (CC&R’s) governing the shared use and maintenance of building structures and private on-site improvements (e.g. private street, surface parking, utilities, landscaping, fencing) as well public right-off-way improvements (complete street landscaping).
ENVIRONMENTAL REVIEW
A Mitigated Negative Declaration (MND) was prepared for the project in accordance with the California Environmental Quality Act (CEQA), for the previously approved 8-unit residential development. The MND and Mitigation Monitoring and Reporting Program were approved at the Development Review Hearing on August 18, 2021, at a publicly noticed meeting. The proposed Vesting Tentative Subdivision Map is consistent with the approved project 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
On February 23, 2022, a notice of public hearing was published in The Weekly, a newspaper of general circulation, and on February 24, 2022, a notice of this item was posted in three conspicuous locations within 300 feet of the project site and mailed to property owners within 500 feet of the project site. At the time of this report, the Planning staff has not received any public comments regarding the proposed project.
Public contact was also made by posting the 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 <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
Adopt a resolution to recommend the City Council approve the Vesting Tentative Subdivision Map to subdivide the two residential parcels into eight condominium lots and a common parcel at the property located at 1530 and 1540 Pomeroy Avenue.
Staff
Reviewed by: Alexander Abbe, Assistant City Attorney
Approved by: Lesley Xavier, Planning Manager
ATTACHMENTS
1. Project Data Sheet
2. Resolution Recommending Council Approval of the Vesting Tentative Subdivision Map
3. Conditions of Vesting Tentative Subdivision Map Approval
4. DRH Staff Report 08.18.2021
5. Vesting Tentative Subdivision Map