HomeMy WebLinkAboutPC 09-08-2026 PresentationsPC 09-08-2026
#2
Dividend Homes
Presentations
Planning Commission
September 8, 2026
Housing Development
1655 South De Anza Boulevard
Project Site
Address
1655 S. De Anza Blvd
7357 Prospect Road
Zoning District
P (CG, Res 5-15)
Request
35-unit housing
development and
removal of 15 trees City of Saratoga
City of San
Jose
Prospect Road
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Project Background
Existing Uses
●13,500-square-foot commercial building
Previous Approvals
●2023 approval for a mixed-use development with 34
residential units and 7,500 square feet of commercial
space
Applications
●SB330 Application submitted on September 12, 2025
●Formal application submitted on September 29, 2025
State Housing Laws
●Housing Accountability Act (HAA)
Cannot make project infeasible or reduce density.
●Housing Crisis Act (“SB 330” or “HCA”)
Streamlines permit processing and locks-in fees and
standards. Vesting Date: September 12, 2025
●Density Bonus Law
Allows for additional units, waivers, concessions, and
reduced parking standards.
●No Net Loss (SB 166)
Sites to accommodate RHNA by income level must be
available.
Proposal Data
Project Data Required Proposed
Maximum Density Up to 15 units/acre 26.5 units/acre*
Building Height 30’ max.44’-9”**
Setbacks
Front (S. De Anza)35’27’-5”**
South (Prospect)20’7’-6”**
Interior Sides 6’11’-6”
West 15’ to 50’34’**
Private Open Space
60 s.f. / unit
no dimension less
than 6’
> 60 s.f. / unit
Parking 1 space per unit
(35 spaces)77 spaces
* Density Bonus Eligible **Density Bonus Waiver
Project Details
●Five residential buildings
●35 units (5 BMR, 30 market rate)
●Four stories (Three stories and a roof deck)
●Units ranging from 2,137 sq. ft. to 2,704 sq. ft. (gross)
●47 new onsite trees, including replacements for the 15
protected development trees proposed to be removed
●Vesting tentative map for condominium purposes
BMR Unit
Project Design
View from S. De Anza Blvd
Project Consistency Analysis
●Project is consistent with applicable objective
standards.
●One Density Bonus concession to waive requirement for
a retail component.
●11 Density Bonus waivers relating to:
a.Setbacks
b.Landscape Buffers
c.Street Improvements
d.Height and Story Limitation
e.Floor Area Maximum
f.Design Features
Setback Waivers
Required 20’ Setback
Provided 7’-6” Setback
Required 35’ Setback
Provided 27’-5” Setback
Required 50’ Setback
Provided 34’ Setback
Required 50’ Setback
Provided 46’-6” Setback
Landscape Buffer Waivers
Required 25’ Buffer
Provided 20’-7” Buffer
Required 35’ Buffer
Provided 27’-5” BufferRequired 20’ Buffer
Provided 5’ to 9’ Buffer
Street Improvement Waiver
Required 10’ Planting Strip
Provided 8’ Planting Strip
Height, Floor Area, and Stall Size
Project Data Required Proposed
Maximum Height 30’43’-9” to 44’-9”
(All Buildings)
# of Stories 3 stories max.4 stories
Building Plane Slope 1:1 Encroachment
Floor Area Ratio 85% max.163%
●Proposed public art plaza on
the northeastern corner of the
property along S. De Anza
Boulevard.
●To be reviewed and
approved by Arts and Culture
Commission after project
approval.
Public Art Dedication
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Park Land Dedication
●Staff recommends payment of in-lieu fee.
●Project is conditioned to pay in-lieu fee of $1,620,000
for the 30 market rate units.
●Consistent with Quimby Act requirements.
BMR Requirements
Number of
Units
Number of
Bedrooms
Average Unit
Size
BMR Units 5 3-4 2,364 square
feet
Market-Rate
Units 30 3-4 2,414 square
feet
5 BMR units – 3 very-low, 1 moderate, and 1 median
Proposed BMR units are comparable to market rate
units in type and size:
AB 130 Exemption
AB 130 Exemption Memorandum prepared:
●A Phase I ESA and Transportation Analysis were
reviewed in association with the environmental
review.
●Project was found to qualify for a statutory
exemption under Public Resources Code Section
21080.66.
Recommended Actions
That the Planning Commission adopt the draft
resolutions recommending that the City Council:
1.Find the project exempt from CEQA;
2.Approve the following permits:
a.Architectural & Site Approval (ASA-2025-014);
b.Tentative Final Map (TM-2025-006);
c.Use Permit (U-2025-005); and
d.Tree Removal Permit (TR-2025-030).
State Housing Laws
Housing Accountability Act (HAA)
Prohibits cities from disapproving, or adding conditions that
would render a project infeasible except in specific
circumstances
a.The proposal is in violation of an objective general plan or
zoning standard; or
b.The project will result in a specific adverse impact to
public health and safety.
Housing Crisis Act (a.k.a. “SB 330” or “HCA”)
Streamlines housing permit processing and allows applicants
to vest ("lock-in") fees and standards in effect at the time of
SB330 preliminary application submittal.
SB 330 preliminary application submitted January 29 2024
State Housing Laws Cont.
Density Bonus Law
Allows for:
●Increase to base density;
●Unlimited waivers to development standards that
would physically preclude the project as designed;
●Concessions to modify development to achieve cost
reduction; and
●Reduced parking standards.
Project includes request for 10 waivers and two concessions.
State Housing Laws Cont.
No Net Loss (SB 166)
●Requires the City to ensure development opportunities
remain available to accommodate regional housing
need allocation (RHNA)
Findings of No Net Loss can be made with approval of this
project
Findings Required for Denial of a Waiver
or an Incentive/Concession
●That the waiver or incentive/concession would have an adverse
impact on real property listed in the California Register of Historic
Resources; or
●That the waiver or incentive/concession would have a specific,
adverse impact upon public health or safety or the physical
environment, and there is no feasible method to satisfactorily
mitigate or avoid the specific, adverse impact without rendering
the residential project unaffordable to low- and moderate-income
households; or
●That the waiver or incentive/concession is contrary to state or
federal law.