REPORT TO COUNCIL
SUBJECT
Title
Public Hearing: Action on the Termination of a Covenant Agreement for the Properties Located at 1560 and 1582 Jackson Street that Restrict Development
Report
COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development
BACKGROUND
The proposal is a request filed by Alan Tsai (Property Owner of 1560 Jackson Street) with consent of Mai-Li Chen (Property Owner of 1582 Jackson Street) to terminate a Covenant Agreement between the City and the property owners prohibiting the intensification of use on the two single family residential properties. The Covenant Agreement stems from Condition of Variance (V.1090 and V.1091) approvals in 1978 to allow reductions in lot size, lot width and side yard setbacks for a lot split by the prior property owners. The request follows action by the Planning Commission on May 27, 2020 amending the Variances to delete the requirement for a Covenant Agreement as a condition of approval. Council action is required to terminate the Covenant Agreement.
The Planning Commission staff report of May 27, 2020, and associated materials, is provided as Attachment 1 for review.
DISCUSSION
Terminating the Covenant Agreement prohibiting the intensification of the residential use on the subject properties would be necessary to allow the property owners the ability to construct additions to the homes or accessory dwelling units (ADUs) on the subject properties consistent with the property rights afforded to single-family residential zoned property owners throughout the City.
Since 1978 housing development has evolved in response to various factors including the increasing job growth and demand for housing experienced within Santa Clara and the surrounding region. Provisions in State law support the creation of new and affordable housing and encourage the construction of ADUs on single-family residential lots to provide additional housing opportunities to increase and diversify a jurisdict...
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