REPORT TO COUNCIL
SUBJECT
Title
Action on the Vesting Tentative Subdivision Map for Development Area Plan (DAP) 1 of the Related Santa Clara Project at 5155 Stars and Stripes Drive
Report
COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development
BACKGROUND
The Applicant, Related Santa Clara, has filed an application requesting approval of the Development Area Plan (DAP) 1 Vesting Tentative Subdivision Map (File No. PLN21-15283) to modify the parcels within the boundary of DAP 1 in order to subdivide the area and the general surroundings, to be in alignment with the planned development of the Related Santa Clara project (previously known as “City Place”). DAP 1 of the Master Community Plan (MCP) is composed of three parcels (APN’s: 104-03-037, 038 and 039), portions of two other parcels (APN’s: 104-03-036 and 040), the east-west segment of Stars and Stripes Drive, and the Centennial Boulevard right-of-way north of Tasman Drive.
The project would divide DAP 1 into seven parcels, including three parcels for office, hotel, and serviced apartments as well as a vertical subdivision for the underground garage spanning the majority of the DAP 1 build out. The proposed Vesting Tentative Map would create separate parcels for Centennial and Avenue C that are above the underground garage and would take a small portion of the City’s Tasman Garage parcel for Avenue A, also to be built as part of the project.
The overall Related Santa Clara project includes the proposed development of up to 9.16 million gross square feet of office buildings, retail and entertainment facilities, residential units, hotel rooms, surface and structured parking facilities, new open space and roads, landscaping and tree replacement, and new/upgraded/expanded infrastructure and utilities. The City previously (on June 28, 2016) certified an Environmental Impact Report (EIR) for the Project and approved a Planned Development - Master Community (PD-MC) Zone for the 240-acre project site. Each phase of the project is implemented through a Development Area Plan which provides a more detailed land use entitlement than the zoning. Two DAPs (DAP 1 and DAP 2) have been approved by the City Council, following recommendations of approval from the Planning Commission.
On March 24, 2020, the City Council approved the DAP 1 proposal (File Nos. PLN2019-14186, PLN2014-10554 and CEQ2014-01180). The staff report from the March 24, 2020 City Council meeting is provided as Attachment # 5 with this report.
The subject Vesting Tentative Map application covers the land within the first phase of the project, which is an approximately 14.3-acre area located along the north side of Tasman Drive, opposite Levi’s Stadium and the City’s Youth Soccer Park. The first phase of development is expected to include the combined development of up to 1,047,000 square feet of gross building floor area consisting of new office, retail, hotel and residential serviced apartments built over a two-level underground parking garage, as identified in the approved DAP 1. Per the DAP 1 conditions of approval, the Vesting Tentative Map must be approved prior to issuance of any building permit (expected to be for the underground garage structure) and the parcels covered by the Vesting Tentative Map must obtain final map approval and be finally recorded prior to certificates of occupancy for any buildings within this first phase of development.
DISCUSSION
Vesting Tentative Subdivision Map applications are reviewed for General Plan and Zoning Code consistency and conformance with the Subdivision Map Act and the City’s subdivision ordinance. The proposed Vesting Tentative Subdivision Map was reviewed by the City’s Subdivision Clearance Committee and determined to be complete and to comply with the City’s subdivision ordinance on October 4, 2022. The staff has also confirmed that the proposed subdivision will not result in any inconsistencies with the approved MCP for the property.
For subdivisions resulting in five or more parcels, the City Council reviews applications after Planning Commission recommendation, pursuant to SCCC section 17.05.300(g). On October 26, 2022, the Planning Commission reviewed the application for Vesting Tentative Subdivision Map and recommended approval after some clarifying questions and discussion.
The Planning Commission inquired about the vertical subdivision and if it was the first of its kind within the City. Staff confirmed that there have been no prior three-dimensional subdivision applications (other than condominiums) and noted that the City has brought in a third-party consultant to assist with this process. The Commission also asked if the garage parcel could function on its own and be sold disconnected from the parcels for which it provides parking. The outside legal counsel to the City for the Related project clarified that the land is City-owned property, the City would be ground leasing the property to Related Santa Clara and there will be a single ground lease for the office and the entire garage. Additionally, it was explained that there will be separate ground leases for the Hotel and Serviced Apartments to the entities that develop those parcels.
There were further questions as to whether the garage parcel being leased in conjunction with the office parcel would impact the future parking needs for the Hotel and Serviced Apartments parcel. The City’s outside legal counsel clarified that there will be covenants, conditions, and restrictions in place to ensure adequate access between parcels, including access to the garage parcel for the Hotel and Serviced Apartments ground leased parcels. The project also has a condition of approval requiring agreements between all entities within the parcels in DAP 1 to ensure that access and availability of the garage is maintained.
The Planning Commission stated that the project will be an iconic project for the City that enables a much needed mixed-use development and communal feel. The Commission further inquired if the architectural drawings for the proposal were submitted and under staff review. Staff explained that the detailed Architectural Review plans were approved by the Community Development Director per the Master Community Plan on February 26, 2021.to obtain the building permit and the. .
The Planning Commission draft meeting minutes from October 26, 2022, are attached to this report for reference (Attachment # 1).
ENVIRONMENTAL REVIEW
On June 28, 2016, the City Council certified the Environmental Impact Report (EIR), adopted a Statement of Overriding Considerations (SOC) and adopted a Mitigation Monitoring and Reporting Program (MMRP) for the project. Although the EIR and MMRP identified mitigation measures to reduce most project impacts to less-than-significant levels, the SOC was required given the EIR’s conclusion that the proposed project would have significant unavoidable impacts in the areas of land use, transportation, air quality, greenhouse gas emissions, noise, and biology; and cumulative significant unavoidable utilities impacts.
The proposed subdivision was contemplated by and analyzed in the 2016 EIR and the 2020 Addendum to the EIR. The 2020 Addendum was prepared by consultant Environmental Science Associates to document analysis specific to DAP 1. The Addendum found that implementation of DAP 1 would not result in substantial changes or introduce new information not already analyzed in the Related Santa Clara EIR, primarily because the level of development now proposed for the site is within the broader development assumptions analyzed in the EIR, and would not cause new significant environmental impacts not previously identified in the EIR, or result in a substantial increase in the severity of previously identified significant unavoidable impacts. The Addendum concludes that the potential environmental impacts associated with DAP 1 have already been adequately analyzed in the project EIR that was previously certified by the City on June 28, 2016, and no further review or analysis under CEQA is required.
FISCAL IMPACT
There is no cost to the City other than administrative staff time to review and process the proposed Vesting Tentative Map. These expenses are paid for by the applicant through the tentative map application fee.
As was previously considered by the City Council in the decisions to offer development of the project site and subsequent approval of the initial land use entitlements, it was noted there will be social and economic benefits that will accrue to the City and region in terms of new retail and entertainment opportunities not readily found in the South Bay area, as well as creation of jobs, property tax and sales tax revenues, and land lease revenues. Development of the project will provide substantial land lease revenues to the City. Development fees and other exactions paid for and provided by the project (including up to $17.4 million for implementation of a multimodal improvement plan and a voluntary contribution to VTA of approximately $16 million) will also benefit the City.
COORDINATION
This report has been coordinated with the City Attorney’s Office.
PUBLIC CONTACT
The notice of Planning Commission and City Council hearings for this item was posted in three locations within the City, including at least one posting within 1,000 feet of the project site, and was mailed to property owners within 1,000 feet of the project site, on October 13, 2022. In addition, a Notice of Planning Commission and City Council Hearing for this Application was published in the Weekly newspaper on October 12, 2022.
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.
No Public Comments have been received at the time of preparation of this report.
RECOMMENDATION
Recommendation
Adopt a resolution approving the Vesting Tentative Subdivision Map for DAP 1 (Phase 1) for the Related Santa Clara development located at 5155 Stars and Stripes Drive.
Staff
Reviewed by: Andrew Crabtree, Director of Community Development
Approved by: Rajeev Batra, City Manager
ATTACHMENTS
1. Excerpt Planning Commission Minutes of October 26, 2022
2. Planning Commission Staff Report of October 26, 2022
3. Resolution Approving the Vesting Tentative Subdivision Map
4. Conditions of Vesting Tentative Subdivision Map Approval
5. Web link slip sheet- City Council Staff Report, March 24, 2020
6. Vesting Tentative Subdivision Map