REPORT TO PLANNING COMMISSION
SUBJECT
Title
PUBLIC HEARING: Recommendation on Cheeney Street Townhomes Project (PLN2019-13846 / PLN2019-12857) located at 4249 Cheeney Street, requiring an Initial Study and Mitigated Negative Declaration, General Plan Amendment, Rezone, and a Tentative Subdivision Map.
Report
REPORT IN BRIEF
Applicant /Owner: Saul Flores/ Maruti Builders, LLC
General Plan: Very Low Density Residential
Zoning: Single-family Residential (R1-6L)
Site Area: 0.51 acre (22,500sf)
Existing Conditions: The site is currently vacant land.
Surrounding Land Uses:
• North: Single-family Residences
• South: Single- and Multi-family Residences, and Church
• East: Single- and Multi-family Residences
• West: Single- and Multi-family Residences
Staff Recommendation: The Planning Commission adopt resolutions recommending the City Council adopt the Initial Study and Mitigated Negative Declaration; and approve the General Plan Amendment, Rezone, and Tentative Subdivision Map for the Cheeney Street Townhomes Project located at 4249 Cheeney Street, subject to conditions of approval.
BACKGROUND
On April 17, 2019, the applicant applied for a General Plan Amendment (GPA) to change 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) to accommodate the 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 proposed project was referred to the Historical and Landmarks Commission (HLC) in accordance with the Historic Preservation Ordinance (18.130.070), which requires referrals for all projects on properties within 200 feet of an historic resource inventory (HRI) property. The property is not currently listed as a historic resource on the City’s HRI; however, it is within 200 feet of two Historic Resources located at 2086 Agnew Road (Agnew School) and 4262 Davis Street. See the attached vicinity map (Attachment 8) for location of the property and the nearby HRI properties.
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.
The project requires approval of the General Plan Amendment, Rezone and Subdivision Tentative Map requests by the City Council after recommendations from the Planning Commission. The project would then be heard at a future Development Review Hearing for approval of the Architectural Review.
DISCUSSION
The project proposes construction of nine two-story townhomes with attached two-car garages on a 0.51-acre site. The nine townhome units would be situated in two rows separated by an L-shaped driveway. Two pairs of attached townhomes (four units), divided by a five-foot pedestrian walkway, would have frontage on Cheeney Street. Five attached townhome units would be located to the rear of the site. Each of the nine units includes three bedrooms and two and a half bathrooms with a private yard. In total, the buildings would have a combined footprint of 10,211 square feet (45 percent lot coverage).
The primary considerations for the Planning Commission review are consistency with the City’s General Plan, conformance with the Zoning Code Low Density Residential (R2) requirements, and consistency with the Subdivision Ordinance regulations for the tentative map.
General Plan Amendment
The project proposes to change from a General Plan Very Low Density Residential (VLDR) land use designation to a Low Density Residential (LDR) for consistency with the density range of eight-19 dwelling per unit. The VLDR General Plan designation supports the development of single-family detached dwelling units with a density of up to 10 units per gross acre. The LDR General Plan designation supports detached single-family, townhome or rowhouse development, or a combination of these development types with a density of eight to 19 units per gross acre. The proposed development is being proposed at a density of 17 units per acre.
On balance, the proposed amendment allowing development of nine attached single-family townhomes on the project site would be consistent with the General Plan goals and policies in that:
• The project would contribute to the City’s housing stock.
• The project is supporting more housing units with sensitivity to nearby single-family residential properties. One of the Major Strategies of the General Plan is to Preserve and Cultivate Neighborhoods to ensure that the City’s existing neighborhoods and community fabric are maintained as the City grows. The project design provides new development that is compatible with the surrounding neighborhood scale and context through careful transition policies for scale, height, and use. While the subject block of Cheeney Street is primarily single-family in character, some of the properties on the opposite side of Cheeney Street are developed with multi-family uses and there is a townhouse development just to the east of the subject property that fronts onto Davis Street.
• The site plan illustrates that the project circulation can be arranged to minimize curb cuts at the street and orient front porches to the street for the front units.
• Offsite improvements, including a new sidewalk and landscape strip, encourage convenient pedestrian connections within new and existing development.
Rezone to Low Density Residential
The project proposes to rezone the project site from Single-family Residential (R1-6L) to Low Density Residential (R2) to allow for consistency with allowable density. R1-6L zoning district supports residential density of up to 10 units per gross acre. Similarly to the General Plan Amendment, the change in zoning district would allow for the proposed development of 17 dwelling units per acre to fall within the R2 residential density of eight - 19 units per gross acre. The intent of the R2 zoning district is to maintain a residential character like that found in single-family neighborhoods. The proposed two-story townhomes would be compatible in height with existing two-story residences in the neighborhood. As proposed, the development plan is consistent with applicable development standards such as setbacks, height, and lot coverage.
Subdivision Map
In accordance with Chapter 17.05 of the City Code, Subdivision Map applications are reviewed for General Plan and Zoning Code consistency. The application proposes to combine two parcels into one and subdivide for condominium purpose for up to nine for-sale townhomes. The Subdivision Committee reviewed and deemed the application cleared on June 18, 2024, satisfying code requirements, and including conditions of approval contained in Attachment 10. The findings demonstrating compliance with the requirements of the subdivision ordinance are listed in the attached tentative map resolution. Staff also confirmed that the proposed subdivision is consistent with the proposed General Plan designation, Zoning Code, Building Code, and other applicable requirements.
Affordable Housing
In accordance with the Santa Clara Affordable Housing Ordinance (City Code Chapter 17.40), this project is subject to the affordable housing requirements for the proposed 9 unit, for-sale residential development. For residential developments of fewer than ten units, the Affordable Housing Ordinance requires either the provision of one affordable unit, or the payment of an in-lieu fee. Here, the Applicant has elected to pay the in-lieu fee prior to receipt of the occupancy certificate.
Circulation and Parking
The existing curb-cut and the sidewalk along the project frontage would be replaced with a new single curb-cut and detached sidewalk with landscape strip along Cheeney Street. The single driveway would serve the residences aligned along the L-shape drive aisle. Two guest parking spaces are available near the entrance of the drive-aisle. Two parking spaces are provided for each townhome by an attached two-car garage.
Landscaping and Open Space
The project includes a landscape plan for the site that incorporates a variety of plant species and trees for planting within common areas, the sidewalk landscape strip, and private yards of the residences. There are no existing trees on the subject site. The project proposes seven new trees along Cheeney Street frontage and various shrubs along the east property line.
Architecture
The surrounding residences are one- and two-story properties with side gable or hip roof forms. The proposed project would match the surrounding two-story hipped roof forms and include combination of wood siding and stucco to be in harmony with the neighborhood. Each unit has second story windows oriented towards the front and back similar to the surrounding residences.
Community Meeting
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 went over the parking arrangement and gave a general timeline for construction. The units would be sold at market value at the time of project completion.
Summary
As discussed above, the proposed project would be consistent with City General Plan policies, the zoning ordinance, and the subdivision ordinance and help to achieve the City’s goal of providing much needed housing. The project would be compatible with adjacent land uses. Based upon this analysis, staff recommends that the Planning Commission recommend approval of the requested actions.
ENVIRONMENTAL REVIEW
The action being considered takes into account the potential environmental impacts of the project addressed in a Mitigated Negative Declaration (MND) prepared for the project in accordance with the California Environmental Quality Act (CEQA) and circulated for public review between December 13, 2024 and January 13, 2025 (30 days).
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 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, and hazards and hazardous materials impacts by following certain mitigation measures. These measures require the reduction of construction emissions through the use of Tier 3 and 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.
A virtual community meeting was held on October 24, 2024. Meeting detailed discussed above in the Community Meeting section.
ALTERNATIVES
1. Adopt a resolution recommending the City Council adopt the Mitigated Negative Declaration and the Mitigation Monitoring or Reporting Program for the Cheeney Street Townhomes Project.
2. Adopt a resolution to recommend the City Council approve a General Plan amendment to change the land use designation from Very Low Density Residential to Low Density Residential.
3. Adopt a resolution recommending the City Council approve a Rezoning from R1-6L, Single Family Residential to R2, Low Density Residential.
4. Adopt a resolution recommending the City Council approve a Tentative Subdivision Map for condominium purpose, subject to conditions of approval.
5. Recommend the City Council deny a General Plan amendment to change the land use designation from Very Low Density Residential to Low Density Residential.
6. Recommend the City Council deny a Rezoning from R1-6L, Single Family Residential to R2, Low Density Residential.
7. Recommend the City Council deny a Tentative Subdivision Map for condominium purposes.
RECOMMENDATION
Recommendation
Alternatives: 1, 2, 3 and 4
1. Adopt a resolution recommending the City Council adopt the Mitigated Negative Declaration and the Mitigation Monitoring or Reporting Program for the Cheeney Street Townhomes Project.
2. Adopt a resolution to recommend the City Council approve a General Plan amendment to change the land use designation from Very Low Density Residential to Low Density Residential.
3. Adopt a resolution recommending the City Council approve a Rezoning from R1-6L, Single Family Residential to R2, Low Density Residential.
4. Adopt a resolution recommending the City Council approve a Tentative Subdivision Map for condominium purpose, subject to findings and conditions of approval.
Staff
Prepared by: Steve Le, Senior Planner
Reviewed by: Lesley Xavier, Planning Manager
Reviewed by: Alexander Abbe, Assistant City Attorney
Approved by: Afshan Hamid, Director of Community Development Department
ATTACHMENTS
1. Web Link to Mitigate Negative Declaration and Mitigation Monitoring or Reporting Program
2. Resolution Recommending Council Approve the Mitigate Negative Declaration and Mitigation Monitoring or Reporting Program
3. Resolution Recommending Council Approve the General Plan Amendment
4. Resolution Recommending Council Approve the Rezone
5. Resolution Recommending Council Approve the Tentative Subdivision Map
6. Conditions of Tentative Subdivision Map Approval
7. Web Link to HLC Staff Report of February 6, 2025
8. Vicinity Map
9. Project Data and Compliance Table
10. Tentative Subdivision Map
11. Development Plans