REPORT TO COUNCIL
SUBJECT
Title
Public Hearing: Adoption of a Mitigated Negative Declaration and Mitigation Monitoring Program (MMRP) and Action on a Rezone and Vesting Tentative Map (PLN23-00577/PLN23-00262) to Allow the Subdivision and Development of Eight Semi-Attached Single-Family Residences and Associated On- and Off-Site Improvements Located at 2303 Gianera Street.
Report
COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development
BACKGROUND
The applicant, VCI Companies, is requesting approvals for a Mitigated Negative Declaration, a Rezoning (Classic Code Chapter 18.112), Architectural Review (Classic Code Chapter 18.76), and a Tentative Subdivision Map (Chapter 17.05) for a proposed 8-unit single family residential development. City Council approval is required in order to allow the application to move forward.
On November 29, 2023, VCI Companies submitted a proposal for the subject property requesting rezoning from R2 - Low Density Residential to PD - Planned Development, the demolition of an existing single-family residence, the construction of eight semi-attached two-story homes, and a tentative subdivision map to create eight individual lots and one common lot. The proposed project was split into two separate permits, File No. PLN23-00577 for the rezoning and development of the parcel, and File No. PLN24-00262 for the tentative subdivision map. The project was deemed complete by the Project Clearance Committee (PCC) on January 9, 2024, before the comprehensive update to the Zoning Code came into effect, and therefore the Classic Code applies.
Zoning Code Section 18.02.070 - Effect of Zoning Code Amendments on Projects in Progress, states that all planning permit applications that are active and have been determined to be complete by the PCC before the effective date of the Zoning Code, shall be processed in compliance with the requirements in effect when the application was deemed complete. This application was deemed complete on January 9, 2024; therefore, the project was reviewed based on the Classic Code. The Classic Code, per Chapter 18.54, allowed for PD districts without project lot size restrictions, with the intention to accommodate development that is compatible with the existing community and that utilizes imaginative planning and design concepts that would otherwise be restricted in other zoning districts. Moreover, Chapter 18.54 allowed for the subdivision of land in a manner that resulted in units having a reduced public street frontage than would ordinarily be required.
Planning Commission’s (Commission) review and a recommendation to the City Council are required under Classic Code Chapter 18.112 for amendment applications, including rezonings. Rezonings are ultimately approved by the City Council. Architectural Review will occur subsequent of the determinations on the Rezone and Subdivision Map requests at the Development Review Hearing.
At the publicly noticed meeting on June 11, 2025, the Planning Commission reviewed the project. The Planning Commission discussed the need for additional housing in the area and across the City as a whole, noise from the stadium that could impact the development, and the current on-street parking situation in residential areas near Levi’s Stadium. The Planning Commission voted to recommend approval (7-0 vote).
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 Planned Developments of similar density and height. Much of the surrounding properties are established in a similar pattern, formerly R1 or R2 zoned, Low Density Residential properties that were rezoned to PD, subdivided, and developed with semi-attached single-family residences, two-car garages, and internal circulation. Within the 1,000-foot project radius (See Attachment 8 - Vicinity Map) there are about 397 residential properties, of which, about 89% are zoned PD and are built in a similar manner.
Per Chapter 18.54 of the Classic Code, Planned Developments are intended to accommodate development that is compatible with the existing community and uses planning concepts that would otherwise be restricted in other zones. A rezoning to Planned Development would be required for this parcel to be able to meet the ‘Low-Density Residential’ General Plan designation of 8-19 units per acre. The applicant proposes eight units, comprising seven market-rate units and one below-market-rate unit, meeting the City’s Affordable Housing Ordinance. The eight proposed units would not be able to be built under the current R2 - Low Density Residential Zoning District.
As indicated in the Planning Commission staff report (Attachment 12), staff recommended approval of the project as the project meets all requirements for Planned Developments listed in Chapter 18.54 of the Classic Code and the project on balance is consistent with the General Plan and the City’s General Land Use Policies.
During the Commission meeting, the applicant team answered the Commission’s questions, which included questions regarding affordable housing, traffic and parking, and noise from the stadium impacting the development. All Commissioners were present at the hearing. In three motions, the Commission voted to recommend approval to adopt the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program (7-0), voted to recommend approval for the Rezoning from R2 - Low Density Residential to PD - Planned Development (7-0), and voted to recommend approval for Tentative Subdivision Map (7-0), all subject to findings and conditions of approval (Attachments 6 and 7).
ENVIRONMENTAL REVIEW
A Mitigated Negative Declaration (MND) was prepared for the project in accordance with the California Environmental Quality Act (CEQA) and circulated for public review between November 8, 2024, and December 2, 2024 (20 days), see Attachment 1.
A detailed discussion of the potential impacts and mitigation measures applied to the project are specified in the MND and would be implemented through project conditions of approval and the Mitigation Monitoring and Reporting Program (MMRP) for the proposed project. In summary, the MMRP requires that the project mitigate possible air quality impacts, biological impacts, cultural resource impacts, geological impacts, and noise impacts by following certain Conditions of Approval. These Conditions of Approval require the reduction of construction emissions using Tier 3 and 4 equipment, scheduling work to avoid bird nesting season and conducting bird surveys, making qualified archaeologists available during construction, meeting all current engineering and seismic safety design standards, and preparing a construction noise control plan.
One of the comments received during the circulation period was from Tamien Nation (a Native American tribe), which requested certain modifications to Mitigation Measure MM CUL-1.2, concerning tribal notification, sensitivity training for workers, and treatment of resources discovered during construction. In response, text has been added to MM CUL-1.2 to clarify that a representative from a Native American tribe traditionally and culturally affiliated with the project area be retained (in addition to a qualified archaeologist) in the event a prehistoric or historic resource is encountered during project construction, to examine the find. The text of mitigation measure MM CUL-1.2 has also been refined to clarify that, if a treatment plan is prepared, it would be made available to interested Native American tribe(s) for review. Mitigation measure MM CUL-1.1 already requires a qualified archaeologist to provide sensitivity training to construction crew prior to the initial ground-breaking activities.
Whenever a lead agency makes a modification to a mitigation measure in a proposed Mitigated Negative Declaration, Section 15074.1(b) of the CEQA Guidelines requires that the agency conduct a public hearing on the proposed modification, which can be combined with the project public hearing. As part of the resolution approving the MND, the City Council will be asked to make a finding that the modified mitigation measure is equivalent or more effective in mitigating or avoiding potential significant impacts, and that the modification of the mitigation measure itself will not cause any potentially significant effect on the environment. Here, the modifications are additive, and all the prior requirements of MM CUL-1.2 will continue to apply to the Project, and so there is no potential for the mitigation measure to lose any effectiveness. The modifications will impose additional obligations on the developer to ensure that adequate tribal notification occurs in the event of discovery of a tribal cultural resource and will provide additional opportunities for tribal involvement in the event of such a find.
FISCAL IMPACT
There is no fiscal impact on the City from processing the requested application other than administrative staff time and expenses typically covered by processing fees paid by the applicant.
COORDINATION
This report was coordinated with the City Attorney’s Office.
PUBLIC CONTACT
On May 14, 2025, a notice of public hearing was mailed to property owners within 1,000 feet of the project site. On May 21, 2025, a notice was published in the Santa Clara Weekly.
Public contact was also made by posting the Commission/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 or at the public information desk at any City of Santa Clara public library.
Community Meetings
Consistent with the City’s adopted Public Outreach Policy for Planning applications, a hybrid public outreach meeting was conducted by the Property Owner/Applicant on March 24, 2025, to engage the neighborhood community in the planning process. Notices of the meetings were mailed by the Property Owner/Applicant to about 500 properties within 1,000 feet of the project site boundaries and posted on the City’s website. Approximately 10 members of the public attended. This meeting provided the community an opportunity to review and comment on the proposal. The public provided input on the following areas and the applicant’s revision to the proposal is as follows:
1. Traffic and Parking: The applicant understands the issues brought forth by the public with regards to limited on-street parking in the area due to the proximity of Levi’s Stadium. The applicant has met their off-street parking requirements and are including two guest parking spaces on site as well, which is more than what the zoning code requires.
2. Dwellings: The applicant understands the issues brought forth by the public with regards to the dwelling size and number. The dwelling size is equivalent to the dwellings immediately to the west, the 18-Unit Townhome development approved in 1990, as well as the 14-unit Townhome Development four parcels to the east approved in 1989.
3. Landscaping: The applicant understands the issues brought forth by the public with regards to landscaping. The applicant has not met the City’s required replanting regulations on the project site, however, the applicant opted to pay an in-lieu fee for all trees that are required but not able to fit on the parcel in its current iteration.
ALTERNATIVES
1. Adopt a resolution to approve the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program for the 2303 Gianera Street Project.
2. Adopt a resolution to approve a Rezoning from R2 - Low Density Residential to PD - Planned Development, subject to findings and conditions of approval.
3. Adopt a resolution to approve a Tentative Subdivision Map, subject to findings and conditions of approval.
4. Deny the Rezoning from R2 - Low Density Residential to PD - Planned Development, subject to findings.
5. Deny the Tentative Subdivision Map, subject to findings.
RECOMMENDATION
Recommendation
1. Adopt a resolution to approve the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program for the 2303 Gianera Street Project;
2. Adopt a resolution to approve a Rezoning from R2 - Low Density Residential to PD - Planned Development, subject to findings and conditions of approval; and
3. Adopt a resolution to approve a Tentative Subdivision Map, subject to findings and conditions of approval.
Staff
Reviewed by: Afshan Hamid, Community Development Director
Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Mitigated Negative Declaration
2. Mitigation Monitoring and Reporting Program
3. Resolution to Adopt the MND and MMRP
4. Resolution to Approve a Rezoning
5. Resolution to Approve a Tentative Subdivision Map
6. Conditions of Approval - Rezone / Development
7. Conditions of Approval - Tentative Subdivision Map
8. Vicinity Map
9. Project Data Sheet
10. Tentative Subdivision Map
11. Development Plans
12. Planning Commission Staff Report, 6/11/2025