REPORT TO COUNCIL
SUBJECT
Title
Public Hearing: Action on a Vesting Tentative Map for the Proposed Development of a 198-Unit Housing Development with Four Commercial Condominiums at 5185 Lafayette Street
Report
COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development
BACKGROUND
The Applicant, Ensemble Investments, requests approval of a Vesting Tentative Subdivision Map (File No. PLN23-00216) to subdivide one existing parcel into 198 residential condominium units, four commercial condominium units, one residential parking condominium unit, and one commercial parking condominium unit. The Vesting Tentative Map supports the development of a 21-story, 198-unit multifamily
residential development. A one-story industrial building with surface parking currently occupies the subject site.
The site is zoned Transit Neighborhood (TN) and has a General Plan Land Use Designation of Transit Neighborhood, which allows for a residential density of 100 to 350 dwelling units per acre. It is also within the Tasman East Specific Plan as identified in the General Plan.
The Architectural Review of the 21-story multifamily building was approved at the Development Review Hearing (DRH) on October 18, 2023, finding the project consistent with the applicable requirements of the Zoning Ordinance and the Tasman East Specific Plan.
On December 6, 2023, the Planning Commission reviewed the application for the Subdivision Map Vesting Tentative Map and made a recommendation of approval to the City Council.
DISCUSSION
Tentative Subdivision Map applications are reviewed for General Plan and Zoning Code consistency and conformance with the Subdivision Map Act. Planning Commission review and a recommendation to the City Council are required under Santa Clara City Code (SCCC) section 17.05.300(g) for Subdivision Map applications. Tentative Maps are ultimately approved by the City Council.
A “Vesting” Tentative Map is approved in the same manner. Under the Subdivision Map Act (California Government Code § 66474(a)), a developer has the right to indicate that a map application will be proceeding as a “vesting” map, which gives the developer a right, upon map approval, to develop in substantial compliance with the ordinances, policies, and standards in effect on the date in which the developer’s application is complete. The rights afforded by a vesting tentative map expire on the same timeframe as a regular tentative map, if the developer does not obtain all required discretionary approvals within two years, although the City Council has the discretion to extend the tentative map by another three years. Once the City approves a final map, the rights are vested for a period of one additional year, and that period is automatically extended during the application period or active period of a building permit.
The Map Act requires all subdivision maps to be consistent with the General Plan. Staff confirmed that the proposed subdivision will not result in any inconsistencies with the General Plan land use designation for the property, Building Code, or other applicable requirements. The City’s Subdivision Clearance Committee reviewed the proposed Vesting Tentative Subdivision Map and determined the project to be complete and in conformance with the Subdivision Map Act on June 20, 2023. The proposed subdivision is consistent with the approved site plan, improvements, private street, surface parking, landscaped open space areas, and associated utilities on the project site for the development of as set forth in File No. PLN22-00131. For reference, Attachment 5 includes the October 18, 2023 Development Review Hearing (DRH) staff report.
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 December 6, 2023, the Planning Commission reviewed the application for the Vesting Tentative Subdivision Map. Attachment 1 includes the Planning Commission staff report. There were two public speakers at the public hearing: a representative from the Carpenter’s Union and the adjacent property owner. The adjacent property owner, Ron Patrick, submitted a comment letter in advance of the hearing expressing concern with maintained access to shared easements. The public comment letter is included as Attachment 2. The Tentative Map document indicates that all shared access easements will be maintained.
The Commission voted 6-0-1 (Commissioner Huang absent) to recommend to the City Council approval of the Tentative Map with the following recommended language added as a condition of approval:
• The City encourages the Owner and any contractors or subcontractors working on the project to evaluate hiring local labor, hiring from or contributing to approved and accredited apprenticeship programs, increasing resources for labor compliance, and providing living wages during the development of this Project.
Staff has not included this additional language in the proposed conditions of approval.
ENVIRONMENTAL REVIEW
An Addendum to the Tasman East Specific Plan Environmental Impact Report (EIR) was prepared in accordance with the California Environmental Quality Act (CEQA) and adopted at the October 18, 2023 DRH for the 198-unit residential development. The proposed Vesting Tentative Map was contemplated by the Addendum, 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. Accordingly, no further environmental review under CEQA is necessary in connection with approval of the Vesting Tentative Map.
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 November 22, 2023, a notice of public hearing was published in The Weekly, a newspaper of general circulation, and on November 22, 2023, a notice of this item was posted in three conspicuous locations within 300 feet of the project site and mailed to property owners within 1,000 feet of the project site.
Public contact was also 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> <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.
At the time of this report, staff received one public comment letter in advance of the Planning Commission, which is included as Attachment 2.
RECOMMENDATION
Recommendation
Adopt a resolution to approve the Vesting Tentative Map to subdivide the existing lot with 198 residential condominium units, four commercial condominium units, one residential parking condominium unit, and one commercial parking condominium unit at 5185 Lafayette Street in the form presented, subject to findings and conditions of approval set forth therein.
Staff
Reviewed by: Reena Brilliot, Acting Director of Community Development
Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Planning Commission Staff Report of December 6, 2023
2. Planning Commission Public Comments
3. Resolution Approving the Vesting Tentative Subdivision Map
4. Conditions of Vesting Tentative Subdivision Map Approval
5. DRH Staff Report of October 18, 2023
6. Vesting Tentative Subdivision Map