Planning commission approves 10-unit townhome subdivision at 3193 McKee Road

Santa Clara County's Planning Commission voted unanimously on April 23 to approve a proposal to subdivide 3193 McKee Road in the Alum Rock area of unincorporated San Jose into 10 townhome lots, including one deed-restricted unit priced for a household at up to 80% of area median income.

Staff presented PLN24-260 (SP330) as a major subdivision and grading application for an approximately 0.5-acre site currently developed with a single-family residence. Senior planner Sherry Taikalu told commissioners the project would create ten narrow parcels and two three-story buildings containing five units each, with a gross site area of about 21,780 square feet and a common-area parcel of roughly 14,309 square feet. The development proposes one deed-restricted moderate-income unit; the remaining units would be market-rate.

The commission's approval followed staff findings that the proposal qualifies for an infill statutory exemption under AB 130 (Public Resources Code §21080.66) and proceeds under builders'-remedy rules discussed in the staff report. "The project was submitted under SP330, also known as the builder's remedy, and qualifies due to a vested pre-application filed while the county did not have a compliant housing element," Taikalu said, summarizing the legal constraints on denial. Staff also reported that tribal consultation was completed in January 2026 after the Tamien Nation requested formal consultation.

Robert Salisbury, principal planner, clarified annexation questions raised by commissioners, stating that the county is required to ask whether an adjacent city wishes to annex a parcel but cannot compel annexation. "City of San Jose has declined," Salisbury said, and therefore the project will continue under county processing.

Commissioners pressed staff and the applicant on design and site constraints. Commissioner Belska asked whether the recorded setbacks meant 0 feet between newly created parcel lines or 10 feet to adjacent properties; staff explained the tentative map establishes parcel lines and that required building setbacks apply per parcel. Commissioner Levy asked if the required fire-turnaround area could be used temporarily for recreation; staff said the turnaround must remain clear under conditions recommended by the county fire marshal and that any temporary, removable uses would have to avoid impeding emergency access.

Alpha X RE Capital's development manager, Maharshi Patel, described the proposal as "a fine example of missing middle housing," saying the units would be about 1,700 square feet with two-car garages and three bedrooms. A co-presenter estimated non-restricted units could be priced near $1,000,000 depending on market conditions. "We focus on infill development... to provide more high-quality attainable housing," Patel said.

After discussion, Commissioner Levy moved to accept the CEQA exemption and approve the concurrent land-use application including grading and the single deed-restricted moderate-income unit, subject to staff-recommended conditions; Commissioner Belska seconded. The clerk called the roll and the motion carried by a 5-0 vote (Heatherly, Cohen, Belska, Levy and Vice Chair Sean O'Donohue voting yes).

The approval carries conditions from county staff and review requirements from the county fire marshal and other agencies; staff noted that the project does not present public health or safety impacts based on departmental reviews and will proceed through county permitting since San Jose declined annexation. The commission closed the hearing and adjourned after brief administrative announcements.