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Memorandum

San Jose City Council
May 10, 2022

Document
Memorandum
Meeting
May 10, 2022
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San Jose City Council
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20
Original file
1.3 MB
Text extracted from the city's file for reading and search. Open the original on legistar.granicus.com. That file is the official record.

TO: HONORABLE MAYOR FROM: Planning Commission

AND CITY COUNCIL

SUBJECT: SEE BELOW DATE: April 22, 2022

COUNCIL DISTRICT: 6

SUBJECT: FILE NOS. PDC20-020, PT20-036, PD20-011 - PLANNED DEVELOPMENT

REZONING, VESTING TENTATIVE MAP AND PLANNED

DEVELOPMENT PERMIT FOR CERTAIN REAL PROPERTY LOCATED
AT 226-254 MCEVOY STREET AND 205-214 DUPONT STREET

RECOMMENDATION

The Planning Commission voted 9-0-2 (Montañez and Caballero absent) to recommend that the City Council take all of the following actions:

1. Adopt a resolution adopting the Dupont Residential Project Addendum to the Downtown Strategy 2040 Final Environmental Impact Report, all in accordance with the California Environmental Quality Act, as amended.

2. Approve an ordinance rezoning an approximately 5.4-gross acre site, located on the southeast corner of McEvoy and Dupont Street, from the R-M Multiple Residence Zoning District to an R-M(PD) Planned Development Zoning District.

3. Adopt a resolution approving, subject to conditions, a Vesting Tentative Map, to merge six parcels and subdivide into two parcels on an approximately 5.4-gross acre site.

4. Adopt a resolution approving, subject to conditions, a Planned Development Permit to allow the demolition of nine buildings on site totaling approximately 64,800 square feet, the removal of 56 trees (26 ordinance-sized, 30 non-ordinance-sized) for the construction of two five-story multifamily apartment buildings consisting of 689 residential units and 4,005 square feet of commercial space with a State Density Bonus Concession for a 38 percent parking reduction on an approximately 5.4-gross acre site.

OUTCOME

If the City Council approves all the actions listed above as recommended by the Planning Commission, the applicant will be able to merge six parcels and subdivide into two parcels, demolish all buildings on site totaling approximately 64,800 square feet, remove 56 trees (26 COUNCIL AGENDA: 05/10/2022
FILE: 22-662
ITEM: 10.1 (b)

HONORABLE MAYOR AND CITY COUNCIL
April 22, 2022
Subject: File Nos. PDC20-020, PT20-036, PD20-011

Page 2 ends

ordinance-sized, 30 non-ordinance-sized) and construct two five-story multifamily apartment buildings consisting of 689 residential units and 4,005 square feet of commercial space with a State Density Bonus concession for a 38 percent parking reduction on an approximately 5.4- gross acre site.

BACKGROUND

On April 13, 2021, the Planning Commission held a Public Hearing to consider the resolution adopting the CEQA Addendum, Rezoning, Vesting Tentative Map, and Planned Development Permit. The Planning Commission recommended that the City Council adopt the resolution adopting the Dupont Street Residential Project Addendum and related Mitigation Monitoring and Reporting Plan and approve the subject Rezoning, Vesting Tentative Map, and Planned Development Permit.

Staff Corrections
Prior to the Planning Commission hearing, staff sent corrections to the staff report to the Planning Commissioners regarding the proposed level of affordability for the project. These corrections are memorialized in the draft Planned Development Permit resolution and will be included in the Density Bonus Regulatory Agreement, which is to be recorded prior to the issuance of Building Permits or Grading Permits, whichever occurs first. See the corrected proposed breakdown of affordable units for the project below:
• 70 units (10%) Very Low Income – 50% or below AMI
• 35 Units (5%) Low Income – 60% or below AMI
• 35 Units (5%) Moderate Income- or below 80% AMI
• 253 units (34%) or below 120% AMI

Staff Presentation
Alec Atienza, Planning Project Manager, provided a brief oral presentation on the proposed project. Staff presentation included an overview of the project’s conformance with the General Plan, Diridon Station Area Plan, State Density Bonus Law, San José Municipal Zoning Code, City Council Policy 6-30: Public Outreach, and conformance with the California Environmental Quality Act.

Public Hearing
The applicant’s representative, Dan Mountsier, provided a presentation covering the existing site conditions and proposed project details.

Four members of the public spoke in support of the proposed project. The first speaker, the president of the Alameda Business Association, expressed support for the project overall and

HONORABLE MAYOR AND CITY COUNCIL
April 22, 2022
Subject: File Nos. PDC20-020, PT20-036, PD20-011

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complimented the project applicant for their previous investment in the area. The speaker did request that the retail component be removed. The second speaker, the president of the Shasta Hanchett Park Neighborhood Association also spoke in favor of the project. Specifically, the speaker spoke in support of the applicant’s pledge to improve the trail connections adjacent to the project site. The third speaker, a member of Catalyze SV, urged the approval of the project but was concerned that the commercial space was too small and requested that additional space be incorporated into the project. Additionally, the speaker requested that the interior open space and amenities of the market-rate building be made accessible for the affordable building. The final speaker supported the concept of providing housing for the “missing middle” and requested that a grocery store occupy the tenant space.

After the public comment, the applicant’s representative, Erik Schoennauer, made closing remarks on behalf of the applicant. Mr. Schoennauer thanked staff and reiterated that the project was compliant with all applicable Planning requirements in addition to providing approximately 54 percent of all units on-site as affordable.

Commissioner Discussion
Commissioner Oliverio briefly mentioned that a discussion was held at the previous Planning Commission meeting concerning residential density in North San José. Commissioner Oliverio noted that the subject project is approximately twice the density approved in North San José and then spoke in support of the project.

Commissioner Lardinois complimented the applicant for providing a high ratio of affordable units to market-rate units. Commissioner Lardinois asked staff how the Affordable Housing Compliance Plan was prepared for the project if the site were to be subdivided into two lots.

Staff clarified that the entitlement covers the project as a whole and therefore there is a single Affordable Housing Compliance Plan.

Commissioner Torrens was supportive of the project including development with varying levels of affordability. Commissioner Torrens asked the applicant if there would be any opportunities to own any units. Mr. Mountsier confirmed that the units would be rented only.

Commissioner Ornelas-Wise also complimented the design and architecture. Commissioner Ornelas-Wise suggested that the applicant incorporate a playground for children in the common open space and potentially market the units to students.

Commissioner Bonilla also complimented the project applicant and asked for more development of this kind in other areas of the city.

Commissioner Oliverio made a motion to support the staff recommendation. Commissioner Torrens seconded the motion.

The motion to recommend Council approval of the project was approved (9-0-2). Commissioners Caballero and Montañez were absent.

HONORABLE MAYOR AND CITY COUNCIL
April 22, 2022
Subject: File Nos. PDC20-020, PT20-036, PD20-011

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ANALYSIS

Analysis of the proposed CEQA clearance, Rezoning, Vesting Tentative Map, and Planned Development Permit, including conformance with the General Plan, Diridon Station Area Plan, State Density Bonus Law, Zoning Ordinance, and City Council Policies are contained in the attached staff report.

CONCLUSION

In summary, the project was heard at the April 13, 2022 Planning Commission Meeting. The motion to recommend Council approval of the project passed (9-0-2). Commissioners Caballero and Montañez were absent. As discussed in the attached staff report, the project is consistent with the Envision San José 2040 General Plan, the Diridon Station Area Plan (DSAP), the Zoning Code, The Downtown Design Guidelines and Standards, City Council policies for public outreach, and the requirements of CEQA. Should the City Council adopt the resolution adopting the CEQA Addendum, and approve the Rezoning, Vesting Tentative Map, and Planned Development Permit, the applicant would be allowed to merge six parcels and subdivide into two parcels, demolish all buildings on site totaling approximately 64,800 square feet, remove 56 trees (26 ordinance-size, 30 non-ordinance-size) and construct two five-story multifamily apartment buildings consisting of 689 residential units and 4,005 square feet of commercial space with a State Density Bonus concession for a 38 percent parking reduction on an approximately 5.4- gross acre site. The applicant could proceed with an application for Building Permits.

EVALUATION AND FOLLOW UP

Should the City Council adopt the resolution adopting the CEQA Addendum, and approve the Rezoning, Vesting Tentative Map, and Planned Development Permit, the applicant would be allowed to merge six parcels and subdivide into two parcels, demolish all buildings on site totaling approximately 64,800 square feet, remove 56 trees (26 ordinance-size, 30 non- ordinance-size) and construct two five-story multifamily apartment buildings consisting of 689 residential units and 4,005 square feet of commercial space with a State Density Bonus concession for a 38 percent parking reduction an approximately 5.4-gross acre site. The applicant could proceed with an application for Building Permits.

HONORABLE MAYOR AND CITY COUNCIL
April 22, 2022
Subject: File Nos. PDC20-020, PT20-036, PD20-011

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PUBLIC OUTREACH

Staff followed Council Policy 6-30: Public Outreach Policy, whereby the project is considered a large development proposal. Following City Council Policy 6-30, the applicant posted the on- site sign to inform the neighborhood of the proposed project. A notice of the public hearing was distributed to the owners and tenants of all properties located within 1,000 feet of the project site and posted on the City website. The staff report is also posted on the City’s website. Staff has been available to respond to questions from the public.

A formally noticed Community Meeting was held on Tuesday, November 16, 2021, to introduce the proposed project to the community. Approximately 21 members of the public attended the meeting. The questions and comments from community members included pedestrian safety, hours of use for the roof deck, what amenities would be included, and construction timeline/impacts.

COORDINATION

The preparation of this memorandum has been coordinated with the City Attorney’s Office.

CLIMATE SMART SAN JOSE

The recommendation in this memorandum aligns with one or more Climate Smart San José mobility goals. The project would reduce Vehicle Miles Traveled (VMT), facilitate the choice of mobility choices other than single-occupancy gas-powered vehicles, increase the density of new development (persons/jobs/acre), and facilitate job creation within City limits by providing high density mixed use residential development with commercial retail in a central location within an identified growth area (Diridon Station Area Plan). The project would also include a 38 percent parking reduction with the granting of a concession under the State Density Bonus Law.

CEQA
The City of San José, as the lead agency for the project, prepared an Addendum to the Downtown Strategy 2040 Final Environmental Impact Report (EIR) for the Dupont Residential Project in compliance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines Section 15164, because the development capacity evaluated in the Downtown Strategy 2040 Final EIR included the development under the project at a program level. An Initial Study was prepared for the Dupont Residential Project to evaluate the impacts of the project and no new significant environmental impacts or additional mitigation measures beyond those identified in the Downtown Strategy 2040 Final EIR were identified for the project. The Addendum and supporting Initial Study were circulated for public review and will be attached to the Downtown Strategy 2040 FEIR as supplemented pursuant to CEQA Guidelines §15164(c).

HONORABLE MAYOR AND CITY COUNCIL
April 22, 2022
Subject: File Nos. PDC20-020, PT20-036, PD20-011

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The Addendum is available at the following link: https://www.sanjoseca.gov/your- government/departments-offices/planning-building-code-enforcement/planning- division/environmental-planning/environmental-review/active-eirs/dupont-residential-project- pd20-011

/s/
Christopher Burton, Secretary
Planning Commission

For questions, please contact Planning Official, Robert Manford, at (408) 535-7900.

Attachments: Planning Commission Staff Report

PLANNING COMMISSION AGENDA: 04-13-22
ITEM: 5.a.

TO: PLANNING COMMISSION FROM: Christopher Burton
SUBJECT: File Nos. PDC20-020, PT20-036 &
PD20-011
DATE: April 13, 2022
____________
COUNCIL DISTRICT: 6

Type of Permit Planned Development Rezoning (File No. PDC20-020), Vesting Tentative Map (File No. PT20-036)
Planned Development Permit (File No. PD20-011)
Proposed Land Use Mixed-Use Residential
New Residential Units 689 units
New Commercial Square Footage Approximately 4,005 square feet Additional Policy Review Items None
Demolition Approximately 64,800 square feet of existing industrial buildings Tree Removals 56 trees (26 ordinance-size, 30 non-ordinance-size) Project Planner Alec Atienza
CEQA Clearance Addendum to the Downtown Strategy 2040 Final Environmental Impact Report (EIR)
CEQA Planner Reema Mahamood

RECOMMENDATION
Staff recommends that the Planning Commission recommend that the City Council take all of the following actions:

1. Adopt a California Environmental Quality Act (CEQA) Addendum to the Downtown Strategy 2040 Final Environmental Impact Report (EIR).

2. Approve an Ordinance rezoning an approximately 5.4-gross acre site, located on the southeast corner of McEvoy and Dupont Street, from the R-M Zoning District to an R-M(PD) Zoning District.

3. Adopt a Resolution approving, subject to conditions, a Vesting Tentative Map to reconfigure six lots in two lots and reconfigure existing streets, on an approximately 5.4-gross acre site.

File Nos. PDC20-020, PT20-036 & PD20-011

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4. Adopt a Resolution approving, subject to conditions, a Planned Development Permit to allow the demolition of nine buildings on site, totaling approximately 64,800 square feet, the removal of 56 trees (26 ordinance-size, 30 non-ordinance-size) and the construction of two five-story multifamily apartment buildings consisting of 689 units and approximately 4,005 square feet of commercial space with a State Density Bonus concession for a 38% parking reduction on an approximately 5.4-gross acre site.

PROPERTY INFORMATION
Location Southeast corner of McEvoy Street and Dupont Street (226-254 McEvoy Street and 205-214 Dupont Street)
Assessor Parcel No. 261-38-005, -018, -037, -057, -064, -065 & -067 General Plan Transit Residential
Growth Area Diridon Station Area Plan
Existing Zoning R-M Multiple Residence Zoning District Proposed Zoning R-M(PD) Planned Development
Historic Resource No
Annexation Date August 17, 1990 (Sunol No_59)
Council District 6
Acreage 5.4 gross acres
Proposed Density 127.59 Dwelling Units per Acre (DU/AC)

PROJECT SETTING AND BACKGROUND
As shown on the attached Aerial Map (Figure 1), the subject site is located on the southeast corner of McEvoy Street and Dupont Street. The project site is bounded by Park Avenue on the north and West San Carlos Street on the south. The site is bordered by multifamily senior apartments to the north, the VTA and Caltrain tracks to the east, a mix of industrial uses across McEvoy Street to the west, and a multifamily residence across West San Carlos Street to the south. The site is currently developed with a mix of nine separate industrial buildings totaling approximately 64,800 square feet, associated paved parking and outside storage areas, and 57 trees.

File Nos. PDC20-020, PT20-036 & PD20-011

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Figure 1 Aerial Map

On December 18, 2020, the applicant, M&M Diridon LLC, on behalf of the property owner Bobby Frank, submitted the following applications to be reviewed concurrently:
• Planned Development Rezoning to rezone the property from the R-M Zoning District to an R-M(PD) Planned Development Zoning District.

SURROUNDING USES
General Plan Zoning District Existing Use
North Transit Residential A(PD) (File No. PDC13-012) Multifamily South Transit Residential R-M Multifamily
East Mixed Use Commercial LI Railroad right-of-way
West Transit Residential R-M Industrial Buildings
File Nos. PDC20-020, PT20-036 & PD20-011

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• Vesting Tentative Map to reconfigure six lots in two lots and reconfigure existing streets. • Planned Development Permit to allow the demolition of all industrial buildings on site, totaling approximately 64,800 square feet, the removal of 56 trees (26 ordinance-size, 30 non-ordinance-size) and the construction of two five-story multifamily apartment buildings consisting of 689 units and 4,005 square feet of commercial space with a State Density Bonus concession for a 38% parking reduction on an approximately 5.4-gross acre site.

The project consists of the development of two five-story multi-family buildings consisting of 689 residential units and 4,005 square feet of commercial space. Building A, located at the northernmost portion of the site, consists of an approximately 312,625 -square foot, five -story, 314-unit market rate multi -family residential building. Approximately 4,005 square feet of ground floor commercial space would be provided in Building A at the southeast corner of Park Avenue and McEvoy Street. Building B, located at the southernmost portion of the site consists of an approximately 141,387 -square foot, five -story, 375 -unit affordable multi -family residential building. Both buildings would be located on separate lots with the approval of an associated Vesting Tentative Map (File No. PT20-036) to combine 6 lots and subdivide into two lots.

The project would include 375 affordable units and 314 market rate units. Specifically, the applicant proposes the following:
• 70 units very-low income (50% or below AMI) – 10% of project • 35 units low income (60% or below AMI) – 5% of project • 35 units moderate income (80% or below AMI) – 5% of project • 235 units at or below 120% of AMI – 34% of project
• 314 units at market rate
As conditioned in this Planned Development Permit, prior to the issuance of Building Permits or Grading Permits, whichever comes first, the applicant would be required to record a Regulatory Agreement with the City of San Jose.

Structured parking would be provided in each of the two buildings, both accessible from the 26 -foot-wide driveway dividing Buildings A and B. Building A would include 335 vehicl e parking spaces for both the residents and retail patrons. Building B would include 188 vehicle parking spaces for residents. See the California State Density Bonus Law section below for a discussion on parking provided.

A central paseo would also be constructed between the two buildings. Additional common open space would be located adjacent to the easternmost portion of the buildings as well as in courtyards accessible from the interior of each building.

The project site is accessible to pedestrians and bicyclists from Park Avenue, McEvoy Street, and Dupont Streets. Vehicles would access the driveway to the site from McEvoy Street. The project would include the reconfiguration of Dupont Street so that its intersection with McEvoy Street would now occur south of Building B. An Emergency Vehicle Access Easement would be recorded to allow site access along the paseo.

File Nos. PDC20-020, PT20-036 & PD20-011

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Figure 2 Project Rendering

ANALYSIS
The proposed Planned Development Rezoning, Planned Development Permit, and Vesting Tentative Map are analyzed with respect to conformance with:

1. Envision San José 2040 General Plan

2. Diridon Station Area Plan

3. California State Density Bonus Law (Government Code Section 65915)

4. San José Municipal Code

5. Downtown Design Guidelines and Standards

6. California Environmental Quality Act (CEQA)

File Nos. PDC20-020, PT20-036 & PD20-011

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Envision San José 2040 General Plan Conformance

Figure 3 General Plan Land Use Map
Land Use Designation
As shown in the attached General Plan Map (Figure 3), the site is designated Transit Residential on the Land Use/Transportation Diagram of the Envision San José 2040 General Plan and the Diridon Station Area Plan.

This is the primary designation for new high-density, mixed-use residential development sites that are located in close proximity to transit, jobs, amenities, and services. This designation may also be appropriate for some sites within Urban Village areas as identified through an Urban Village Planning process. This designation also supports intensive commercial employment uses, such as office, retail, hotels, hospitals, and private community gathering facilities. To help contribute to “complete communities,” commercial uses should be included with new residential development in an amount consistent with achievement of the planned job growth and Urban Village Plan for the relevant Urban Village area. The Transit Residential Land Use Designation allows a residential density between 50 and 250 dwelling units per acre (DU/AC). The proposed project has a residential density of approximately 127.59 DU/AC. The project is consistent with the following General Plan Policies:

General Plan Goal and Policies

1. Implementation Policy IP-8.5: Use the Planned Development zoning process to tailor such regulations as allowed uses, site intensities and development standards to a particular site for which, because of unique circumstances, a Planned Development zoning process will better conform to Envision General

File Nos. PDC20-020, PT20-036 & PD20-011

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Plan goals and policies than may be practical through implementation of a conventional Zoning District.

These development standards and other site design issues implement the design standards set forth in the Envision General Plan and design guidelines adopted by the City Council. The second phase of this process, the Planned Development permit, is a combined site/architectural permit and conditional use permit which implements the approved Planned Development zoning on the property.

Analysis: The Planned Development Zoning rezoning would allow for specifically tailored development standards to facilitate the project and achieve the density of approximately 127.59 DU/AC, which is consistent with the Transit Residential land use designation of the General Plan and Diridon Station Area Plan. The Planned Development Zoning includes an increased setback over the allowable setback in the R-M Zoning District along Park Avenue to accommodate the grade change for the underpass adjacent to the site. The maximum allowed height of 87 feet would also conform with the maximum allowed height limits set by the Diridon Station Area Plan. As discussed below, the project includes a Planned Development Permit, which would effectuate the Planned Development Zoning District.

2. Major Strategy #3 – Focus Growth: The Focused Growth Major Strategy plans for new residential and commercial growth capacity in specifically identified “Growth Areas” (Urban Villages, Specific Plan areas, Employment Areas, Downtown) while the majority of the City is not planned for additional growth or intensification. The strategy focuses new growth into areas of San José that will enable the achievement of economic growth, fiscal sustainability, and environmental stewardship goals, while supporting the development of new, attractive urban neighborhoods. While the Focused Growth strategy directs and promotes growth within identified Growth Areas, it also strictly limits new residential development through neighborhood infill outside of these Growth Areas to preserve and enhance the quality of established neighborhoods, to reduce environmental and fiscal impacts, and to strengthen the City’s Urban Growth Boundary.

3. High Quality Facilities and Programs Policy PR-1.9: As Urban Village areas redevelop, incorporate urban open space and parkland recreation areas through a combination of high quality, publicly accessible outdoor spaces provided as part of new development projects; privately or, in limited instances, publicly owned and maintained pocket parks; neighborhood parks where possible; as well as through access to trails and other park and recreation amenities.

4. Land Use and Employment Policy IE-1.3: As part of the intensification of commercial, Village, Industrial Park and Employment Center job Growth Areas, create complete, mixed-employment areas that include business support uses, public and private amenities, child care, restaurants, and retail goods and services that serve employees of these businesses and nearby businesses.

5. Community Design Policy CD-3.5: Encourage shared and alternative parking arrangements and allow parking reductions when warranted by parking demand.

6. Land Use Policy LU-9.1: Create a pedestrian-friendly environment by connecting new residential development with safe, convenient, accessible, and pleasant pedestrian facilities. Provide such connections between new development, its adjoining neighborhood, transit access points, schools, parks, and nearby commercial areas.

Analysis: The project would allow for a high density mixed-use residential project in a Growth Area (Diridon Station Area Plan), and in close proximity to a major transit center. As discussed above, the project would allow for the construction of 689 housing units, of which 375 units would be affordable.

File Nos. PDC20-020, PT20-036 & PD20-011

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Additionally, the project would include approximately 4,005 square feet of ground floor commercial space to serve the new residents. The project would incorporate a range of open space, including private and public open space within the two buildings as well as a privately owned-publicly accessible paseo that would allow for pedestrian and bicycle connections to and from the site. The project includes a concession for reduced parking under the State Density Bonus Law, thereby promoting the use of alternative transportation at a site adjacent to high quality transit facilities (Diridon Station). Bicycle parking would be provided at convenient locations throughout the development.

Diridon Station Area Plan Conformance
Land Use Designation
The subject site is also designated Transit Residential on the Land Use Diagram of the Diridon Station Area Plan (DSAP) adopted by City Council on May 25, 2021 (Resolution No. 80021). The Transit Residential designation is the primary designation for high-density, mixed-use residential development sites that are located in close proximity to transit, jobs, amenities, and services. This designation also supports intensive commercial employment uses, such as office, retail, hotels, hospitals, and private community gathering facilities. While this land use designation allows between 50 to 250 dwelling units to the acre in the Envision San José 2040 General Plan, the sites designated Transit Residential in this Plan have a minimum residential density of 65 dwelling units to the acre and a maximum of 450 dwelling units to the acre to facilitate the development of residential densities that are supportive of the vision of this Plan. The allowable density/intensity for commercial projects is a Floor Area Ratio (FAR) of 2.0 to 12.0 with a minimum FAR of

2.0. Residential/ commercial mixed-use development shall require a minimum of 65 DU/AC with a maximum FAR of 12.0. Given the potential noise, vibration, and aesthetic impacts, residential uses should not be located directly adjacent to train lines unless a residential project can be designed to mitigate these impacts and create a high-quality living environment. The proposed project would be consistent with the Transit Residential land use designation, as it has an FAR of approximately 3.8 and a residential density of approximately 127.59 DU/AC. The project is consistent with the following Guiding Principles of the Diridon Station Area Plan:

Diridon Station Area Plan Policies

1. Development – D3: Develop strategies to produce new affordable housing units, preserve the affordability of the neighborhoods for lower income residents, and protect vulnerable residents from displacement to ensure low-income residents benefit from new development

2. Development – D5: Provide a variety of commercial and mixed-use development opportunities, ranging from large-scale corporate or institutional sites to smaller infill development sites to create opportunity- rich neighborhoods.

3. Development – D7: Develop and implement urban design standards that promote walkable, livable, and business supportive places.

4. Mobility – M2: Create a highly active, safe, and lively pedestrian and bicycle friendly environment with excellent connectivity to Downtown destinations and regional transit to reduce greenhouse gas emissions that contribute to climate change
Analysis: As previously discussed, the project would include the construction of a high-density mixed-use development consisting of 689 residential units and approximately 4,005 square feet of commercial File Nos. PDC20-020, PT20-036 & PD20-011

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space. Of the 689 residential units proposed, 375 would be affordable. The project would incorporate a range of open space, including private and public open space within the two buildings as well as a privately owned-publicly accessible paseo that would allow for pedestrian and bicycle connections to and from the site. Bicycle parking would be provided at convenient locations throughout the development to promote multimodal transportation at a site located approximately 700 feet from Diridon Station.

Height
Pursuant to Figure 2-3-13 of the Diridon Station Area Plan, the maximum allowable height for the site is 285 feet. Building A would have a maximum height of 87 feet and Building B would have a maximum height of 76 feet, 6 inches. Therefore, the project would conform with the allowable height limits of the Diridon Station Area Plan.

California State Density Bonus Law (Government Code Section 65915) The project is an affordable housing project as defined in Section 65915 of the Government Code for the State of California. The project would include 375 affordable units and 314 market rate units. Specifically, the applicant proposes the following:
• 70 units very-low income (50% or below AMI) – 10% of project • 35 units low income (60% or below AMI) – 5% of project • 35 units moderate income (80% or below AMI) – 5% of project • 235 units at or below 120% of AMI – 34% of project
• 314 units at market rate
As the project is providing 10% of the units at or below low-income levels, the project the project is eligible for the provisions of the State Density Bonus Law pursuant to Government Code Section 65915(b)(1)(A).

The Transit Residential Land Use Designation allows up to 250 DU/AC. The project has a residential density of approximately 127.59 DU/AC. Therefore, the project does not include a request for an increase in density, but only needs to be eligible for a density bonus in order to pursue incentives and concessions, such as reductions in development standards to facilitate the economically viable construction of affordable housing. The project has requested one incentive as follows:

Incentive: Reduction in Code Required Parking Spaces
Pursuant to Chapter 20.90 of the San José Municipal Zoning Code, the project is required to provide 825 vehicle parking spaces. The project is providing a total of 515 parking spaces, a reduction of 310 spaces or approximately 38%, via a Density Bonus Concession. Additionally, the project is required to provide 174 motorcycle parking spaces. A total of 46 motorcycle parking spaces would be provided.

Based on the applicant’s estimate, each parking space costs approximately $50,000 to construct. To provide the required spaces, the applicant would be required to add one or more levels of parking (structured or underground), for an increased cost to the project of approximately $18 million. An estimated additional $5 million would result from costs due to craning, setting, and assembly costs for modular units. Therefore, the concession for reduced parking would result in identifiable and actual cost savings that will contribute to affordable housing costs. This density bonus concession is an alternative means of reducing parking and is not subject to other parking reduction methods under Chapter 20.90 of the San José Municipal Zoning Code File Nos. PDC20-020, PT20-036 & PD20-011

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or related transportation demand management measures when required parking is reduced by more than 20%.

Municipal Code Conformance
Land Use
The project is in the R-M(PD) Multiple Residence Planned Development Zoning District. Subject to the project’s Development Standards, the newly created R-M(PD) Multiple Residence Planned Development Zoning District would allow for uses that conform with the TR Transit Residential Zoning District, in alignment with the General Plan Land Use Designation of Transit Residential. The Planned Development Zoning District allows for multifamily mixed-use developments as a permitted use with the issuance of a Planned Development Permit.

Figure 4 Existing Zoning Map

Setbacks and Height
The table below highlights the proposed Development Standards as outlined in the General Development Plan of the R-M(PD) Planned Development Zoning District. See the attached Exhibit G for the full proposed Development Standards.

File Nos. PDC20-020, PT20-036 & PD20-011

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Development Standard Required Proposed
Front Setback (McEvoy) Minimum 0 feet, Maximum 15
feet
13 feet
Side Setback (Park) Minimum 16 feet 17 feet
Side Setback (Dupont) Minimum 0 feet, Maximum 20
feet
17 feet (south), 5 feet
(west)
Rear Setback Minimum 21 feet from
Peninsula Corridor Joint Powers
Board property, Minimum 18
feet from Santa Clara Valley
Transportation Authority
property
22 feet
Maximum Height 285 feet allowed 87 feet

As shown on the Planned Development Permit plan set (Exhibit F), the project conforms with all required height and setback standards pursuant to the General Development Plan of the Planned Development Zoning District. The reduced setbacks, compared to the standard R-M Zoning District, accommodate the grade change for the underpass at Park Avenue and the adjacent railroad right-of-way.

Parking
As discussed in the State Density Bonus Law Section above, the project has requested a Concession to allow for reduced vehicle parking. The project does not propose any additional parking exceptions pursuant to Chapter 20.90 of the Zoning Code. See the table below for an understanding of the number of parking spaces required and provided with the granting of the Concession.

Vehicle Parking
Unit Type (Ratio) Number of Units/Floor Area Parking Required per Municipal Code (Chapter 20.90)
1 Bedroom/Studio (1 per unit) 460 units 460 spaces
2 Bedroom (1.5 per unit) 229 units 344 spaces
Retail (1 per 200 sf of floor area) 4,005 sf 21 spaces
Total Required 825 spaces
Total Provided (w/ 38% Density
Bonus)
515 spaces

File Nos. PDC20-020, PT20-036 & PD20-011

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The project is also required to provide 174 motorcycle spaces but 46 would be provided with the requested concession. Finally, the project would provide the required bicycle parking pursuant to Chapter 20.90 of the Zoning Code. A total of 175 bicycle parking spaces. A total of 264 bicycle parking spaces would be provided.

Noise
The project is subject to the performance standards of the TR Transit Residential Zoning District. Pursuant to Section 20.55.202 of the Zoning Code, there are no minimum noise requirements. However, a noise report was prepared by Illingworth & Rodkin, Inc. dated September 10, 2021. The noise study identified potential noise impacts of the project including during construction and operation. The site is adjacent to both Park Avenue and a railroad right-of-way. Therefore, the project includes conditions to reduce interior noise levels includes a condition for the project to provide a suitable form of forced-air mechanical ventilation, as determined by the Building Official, for all residential units on the project site, so that windows can be kept closed at the occupant’s discretion to control interior noise and achieve the interior noise standards. The project also includes a condition requiring the construction of a sound barrier at the eastern property line, to reduce noise impacts on the common open space at the eastern end of the property. Additionally, the project is within 500 feet of a residence, therefore construction hours are limited to 7:00 am to 7:00 pm Monday through Friday.

Tree Removals
The project is subject to the following tree replacement ratios as shown in the table below.

Table Error! No text of specified style in document.-2: Tree Replacement Ratios Circumference of Tree to
be Removed1
Type of Tree to be Removed2
Minimum Size of Each
Replacement Tree Native Non-Native Orchard
38 inches or more3 5:1 4:1 3:1 15-gallon
19 to 38 inches 3:1 2:1 None 15-gallon
Less than 19 inches 1:1 1:1 None 15-gallon
*x:x = tree replacement to tree loss ratio
Note: Trees greater than or equal to 38-inch circumference measured at 54 inches above natural grade shall not be removed unless a Tree Removal Permit, or equivalent, has been approved for the removal of such trees. For Multi-Family residential, Commercial and Industrial properties, a permit is required for removal of trees of any size.

A 38-inch tree equals 12.1 inches in diameter.
** A 24-inch box replacement tree = two 15-gallon replacement trees Single Family and Two-dwelling properties may replace trees at a ratio of 1:1.

The project includes the removal of 26 ordinance-size and 30 non-ordinance-size trees. The trees to be removed are located either within the project building footprint, or within the newly dedicated streets, sidewalks or necessary driveways. The trees to be removed include a mix of Shiny xylosma, White Alder, Chinese Elm, Monterey Cypress, African Fern Pine, Camphor, Mediterranean Cypress, Japanese Maple, Evergreen Ash, Coast Redwood, American Sweetgum, Crepe Myrtle, Callery Pear, Indian Hawthorn, Carob, and Honey Locust trees. The removal of the 56 trees on-site requires the replacement of 166 trees (24-inch box trees) on site. Eight trees would be replaced at a 5:1 ratio, 18 trees would be replaced at a 4:1 ratio, 24 File Nos. PDC20-020, PT20-036 & PD20-011

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trees would be replaced at a 2:1 ratio, and the remaining 6 trees would be replaced at a 1:1 ratio. The total number of replacement trees required to be planted is 166. Based on the plans provided, 182 24-inch box trees would be planted on-site. The trees to be planted include a mix of California Buckeye, Norfolk Island Pine, Strawberry, King Palm, Jelly Palm, European Hornbeam, Western Redbud, Toyon, Jacaranda, Brisbane Box, Catalina Ironwood, Swan Hill Olive, Sweet Olive and Water Gum trees.

Downtown Design Guidelines and Standards Consistency
The project is consistent with the following provisions of the City’s Downtown Design Guidelines and Standards.
• Section 3.2.2 - Building Placement
o Standard - Place a ground level building facade along 70% of each parcel's Public-Space facing property lines (within 10 feet) or setback lines (within 3 feet). • Section 4.3.3 – Streetwall
o Standard B - Create a Streetwall along a Primary Addressing Street or SoFA Addressing Street along at least 70% of the property or setback line.
o Standard C - Create a Streetwall along a Secondary Addressing Street along at least 50% of the property or setback line
Analysis: The project provides a streetwall along Park Avenue (Primary Addressing Street) and McEvoy and Dupont Streets (Secondary Addressing Streets). Building A is placed along the entirety of the Park Avenue setback to the north and McEvoy Street setback to the west. Similarly, Building B is placed along the entirety of the McEvoy Street setback to the west and the Dupont Street setback to the south. As previously discussed, the Planned Development Zoning includes an increased setback, over the allowable setback in the R-M Zoning District, along Park Avenue to accommodate the grade change for the underpass adjacent to the site.
• Section 3.5.2 – Service Entrance Location
o Standard B - Locate service entrances at least 25 feet from the primary pedestrian and bicycle entrance.
• Section 3.3.4 – Vehicle and Bicycle Parking Location
o Standard B - Place bicycle parking so that bicyclists do not have to cross vehicular parking or drive aisles to enter the building.
• Section 3.5.3 – Parking and Vehicular Access Location o Standard A - Locate parking and vehicle entries at least 20 feet away from primary pedestrian entries (except within Porte Cocheres).

Analysis: Pedestrians and bicyclists would be able to access both buildings from multiple entrances along Park Avenue, McEvoy Street, and Dupont Street without crossing vehicular drive aisles. Secure bicycle parking would also be placed on the ground floor at a minimum of 100 feet from each primary building entrance. The primary service entrance is located a minimum of 49 feet from the primary lobby entrance of Building A and 107 feet from the primary lobby entrance of Building B.

File Nos. PDC20-020, PT20-036 & PD20-011

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• Section 4.3.1 – Podium Level Massing
o Standard - Divide Podium Level building massing facing Public Space that creates a facade wider than 100 feet into visibly articulated smaller masses no wider than 80 feet using projections and recesses, materials, shadow relief, or other architectural elements Analysis: All sides of both Buildings A and B, including the garage screening along Park Avenue, are broken up into visibly articulated masses. This is achieved by both changes in plane and building articulation as well as changes in color and material. Building A includes a mix of light sand, white, and gray finished stucco as well as brick veneer at the building corners to highlight retail and pedestrian entrances. Similarly, all facades of Building B are also broken up into visibly articulated masses with changes in plane as well as changes in material and colors to break up long blank walls. • Section 4.4.7.a - Rooftops and Mechanical Equipment
o Standard C - Screen vents, mechanical rooms and equipment, elevator houses, cooling towers, large vent projections, water tanks, or storage areas on the building elevation and rooftop from street level view with enclosures, parapets, setbacks, plant materials, or other means. Use similar means to obscure these items from neighboring buildings, if visible, or design and arrange them to present an ordered and attractive view
Analysis: The project is required to screen any proposed rooftop mechanical equipment in conformance with the Downtown Design Guidelines and Standards.

Permit Findings
In order for this application to be approved, the Planning Commission must be able to make all required findings for a Tentative Subdivision Map, Planned Development Permit, Tree Removal Permit, and Demolition Permit.

Vesting Tentative Map Findings
In accordance with Section 66474 of the Government Code of the State of California, the Director of Planning in the City of San José, in consideration of the proposed subdivision shown on the Vesting Tentative Map with the imposed conditions, shall deny approval of a Vesting Tentative Map, if it makes any of the following findings.

1. That the proposed map is not consistent with applicable General and Specific Plans as specified in Section 65451.

2. That the design or improvement of the proposed subdivision is not consistent with applicable General and Specific Plans.

3. That the site is not physically suitable for the type of development.

4. That the site is not physically suitable for the proposed density of development.

5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

6. That the design of the subdivision or type of improvements is likely to cause serious public health problems.

File Nos. PDC20-020, PT20-036 & PD20-011

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7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.

Analysis: Based on the review of the proposed reconfiguration of three lots into six lots, the Director of Planning, Building and Code Enforcement of the City of San José (the Director) is recommending approval of the Vesting Tentative Map, because none of the above findings can be made for the denial of the proposed subdivision. As discussed above, the project is consistent with the General Plan goals, policies, and land use designation. The project complies with the General Plan goals and policies related to Focused Growth, High Quality Facilities and Programs, Land Use and Employment, and Implementation. The project site is physically suitable for the proposed buildings and the proposed residential density consistent with the surrounding neighborhood. Furthermore, the project site does not contain historic resources or sensitive habitats or wildlife. The project includes the reconfiguration of a public street (Dupont Street) with curb, gutter, and sidewalk and would be accessible from Park Avenue, Dupont Street, and McEvoy Street. The map provides the necessary easements for access for Emergency Vehicles, utilities, and drainage. Additionally, as explained above, the project will be consistent with the proposed Planned Development Zoning District when approved.

Subdivision Ordinance Findings

1. In accordance with San José Municipal Code (SJMC) Section 19.12.130, the Director may approve the Tentative Map if the Director cannot make any of the findings for denial in Government Code section 66474 and the Director has reviewed and considered the information relating to compliance of the project with the California Environmental Quality Act and determines the environmental review to be adequate. Additionally, the Director may approve the project if the Director does not make any of the findings for denial in San José Municipal Code Section 19.12.220. Section 19.12.130 incorporates the findings for denial in Section 66474 of the Government Code specified in Findings Section 1 herein.

Analysis: As described above, based on review of the proposed subdivision, the Director of Planning, Building and Code Enforcement of the City of San José is recommending approval of the Vesting Tentative Map. The proposed map and the development’s design are consistent with the San José Envision 2040 General Plan and the proposed Planned Development Zoning District, as discussed above.

The site is physically suitable for the proposed development in that the proposed density is in conformance with the Transit Residential land use designation. The site is not located within a designated Federal Emergency Management Agency (FEMA) 100-year flood plan. The project site, as well as the surrounding area, are currently developed with structures and do not provide a natural habitat for either fish or wildlife. The proposed subdivision and subsequent improvements are not likely to cause serious public health problems.

Planned Development Permit Findings
To make the Planned Development Permit findings pursuant to San José Municipal Code Section

20.100.940, and recommend approval to the City Council, the Planning Commission must determine that:

1. The Planned Development Permit, as issued, is consistent with and furthers the policies of the General Plan; and
Analysis: As previously discussed, the project is consistent with the General Plan Land Use Designation of Transit Residential. The Transit Residential Land Use Designation allows a residential density between 50 to 250 DU/AC. The proposed project has a residential density of approximately 127.59 DU/AC. The File Nos. PDC20-020, PT20-036 & PD20-011

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project complies with the General Plan goals and policies related to Focused Growth, High Quality Facilities and Programs, Land Use and Employment, and Implementation.

2. The Planned Development Permit, as issued, conforms in all respects to the Planned Development Zoning of the property; and
Analysis: As previously discussed, the project conforms with the Development Standards of the General Development Plan for the Planned Development Zoning District (File No. PDC20-020). The newly created R-M(PD) Zoning District would allow for uses that conform with the TR Transit Residential Zoning District, as amended, which includes high density mixed-use developments. Special and Conditional Uses would be subject to the approval of a Planned Development Permit.

3. The Planned Development Permit, as approved, is consistent with applicable City Council Policies, or counterbalancing considerations justify the inconsistency; and Analysis: Council Policy 6-30: Public Outreach Policy was implemented in order to inform the public of the project. An on-site sign has been posted on the project frontage since March 2, 2021. A notice of the public hearing was distributed to the owners and tenants of all properties located within 1,000 feet of the project site and posted on the City website. Staff has also been available to respond to questions from the public. A formally noticed Community Meeting was held on Tuesday, November 16, 2021 to introduce the project to the community.

4. The interrelationship between the orientation, location, mass and scale of building volumes, and elevations of proposed buildings, structures, and other uses on-site are appropriate, compatible and aesthetically harmonious; and
Analysis: The interrelationship between the orientation, location, mass and scale of the building volumes and elevations of the project buildings and other uses on-site are appropriate, compatible, and aesthetically harmonious. The two five-story residential buildings would both be oriented towards the street and would allow for direct pedestrian and bicycle access. The commercial uses are compatible with the development as they would be located on the ground floor with frontage directly on the street, further activating the streetscape. Additionally, the common open space would be oriented between the two buildings (paseo) and at the rear of both buildings to allow direct access for residents.

5. The environmental impacts of the project, including, but not limited to noise, vibration, dust, drainage, erosion, storm water runoff, and odor which, even if insignificant for purposes of the California Environmental Quality Act (CEQA), will not have an unacceptable negative effect on adjacent property or properties.

Analysis: All environmental impacts related to noise, vibration, dust, drainage, erosion, storm water runoff, and odor would be temporary and would only occur during construction. Therefore, the project would not have an unacceptable impact on adjacent properties. The project is located adjacent to residential properties across Park Avenue to the north and across West San Carlos Street to the south.

Therefore, construction hours would be limited to between the hours of 7:00 am to 7:00 pm Monday through Friday. The project also includes standard environmental permit conditions to reduce and mitigate impacts regarding air quality, dust and emissions control, water quality, and noise.

File Nos. PDC20-020, PT20-036 & PD20-011

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City Affordable Housing Density Bonuses and Incentives Findings Chapter 20.190.090 of the San José Municipal Code requires that any project with a Density Bonus, or an Incentive must make the following findings.

1. The Housing Development is eligible for a Density Bonus and any Incentives, waivers or modifications requested.

Analysis: The project includes 35 units (5% of the total units ) restricted for very-low income households earning up to 60% AMI, 35 units (5% of the units) restricted for low income households earning up to 80% AMI, 35 units (5% of units) restricted to moderate-income households earning up to 100% AMI, and 270 units (39% of units ) restricted to mod erate-income households earning up to 1 00% AMI as defined in California Code Section 65915. As the project is providing 10% of the units at or below low-income levels, the project the project is eligible for a Density Bonus under Government Code Section 65915(b)(1)(A).

2. If the Density Bonus is based on all or in part on donation of land, a finding that all the requirements for a land transfer Density Bonus that ae specified in the State Housing Density Bonuses and Incentives Law have been or will be met.

Analysis: The project does not include a land donation.

3. If the Density Bonus or Incentive request is based all or in part on the inclusion of a Child Care Facility, a finding that all of the requirements for a Child Care Facility Density Bonus that are specified in the State Housing Density Bonuses and Incentives Law have been or will be met.

Analysis: The project does not include a Child Care Facility.

4. If the Incentive request is for a Mixed-Use development, a finding that all the requirements for a Mixed- Use Incentive development approval that are specified in the State Housing Density Bonuses and Incentives Law have been or will be met.

Analysis: The project is requesting an incentive for a mixed -use development. The project is eli gible as a “Housing Development” pursuant to Government Code Section 65915(i) as it includes five or more residential units. The project would allow the construction of 689 residential units and 4,005 square feet of commercial space.

5. If the Incentive incl udes a request for approval of condominium conversion, a finding that all the requirements for a condominium conversion Incentive that are specified in the State Housing Density Bonuses and Incentives Law have been or will be met.

Analysis: The project does not include a request for condominium conversions.

Tree Removal Permit Findings
In order to make the Tree Removal findings pursuant to Section 13.32.100 of the San José Municipal Code and recommend approval to the City Council, Planning Commission must determine that:

1. That the condition of the tree with respect to disease, danger of falling, proximity to an existing or proposed structure, and/or interference with utility services, is such that preservation of the public health or safety requires its removal.

2. That the location of the tree with respect to a proposed improvement unreasonably restricts the economic development of the parcel in question; or
File Nos. PDC20-020, PT20-036 & PD20-011

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Analysis: The project includes the removal of 26 ordinance-size and 30 non-ordinance-size trees. The trees to be removed are located either within the project building footprint, or within the newly dedicated streets, sidewalks or necessary driveways. The trees to be removed include a mix of Shiny xylosma, White Alder, Chinese Elm, Monterey Cypress, African Fern Pine, Camphor, Mediterranean Cypress, Japanese Maple, Evergreen Ash, Coast Redwood, American Sweetgum, Crepe Myrtle, Callery Pear, Indian Hawthorn, Carob, and Honey Locust trees. The removal of the 56 trees on-site requires the replacement of 166 trees (24-inch box trees) on site. Eight trees would be replaced at a 5:1 ratio, 18 trees would be replaced at a 4:1 ratio, 24 trees would be replaced at a 2:1 ratio, and the remaining 6 trees would be replaced at a 1:1 ratio. The total number of replacement trees required to be planted is 166. Based on the plans provided, 182 24-inch box trees would be planted on-site. The trees to be planted include a mix of California Buckeye, Norfolk Island Pine, Strawberry, King Palm, Jelly Palm, European Hornbeam, Western Redbud, Toyon, Jacaranda, Brisbane Box, Catalina Ironwood, Swan Hill Olive, Sweet Olive and Water Gum trees.

Demolition Permit Findings
Chapter 20.80 of the Municipal Code establishes evaluation criteria for the issuance of a permit to allow for demolition. These criteria are made for the project based on the above stated findings related to General Plan, Zoning and CEQA conformance and for the reasons stated below, and subject to the conditions set forth in the Resolution:

1. The failure to approve the permit would result in the creation or continued existence of a nuisance, blight or dangerous condition;

2. The failure to approve the permit would jeopardize public health, safety or welfare;

3. The approval of the permit should facilitate a project that is compatible with the surrounding neighborhood;

4. The approval of the permit should maintain the supply of existing housing stock in the City of San José;

5. Both inventoried and non-inventoried buildings, sites and districts of historical significance should be preserved to the maximum extent feasible;

6. Rehabilitation or reuse of the existing building would not be feasible; and

7. The demolition, removal or relocation of the building without an approved replacement building should not have an adverse impact on the surrounding neighborhood.

Analysis: The project includes the demolition of nine buildings totaling approximately 64,800 square feet.

The approval of the demolition permit would not result in the creation or continued existence of a nuisance, blight or dangerous condition nor would it jeopardize public health, safety or welfare, as it would allow for the construction of a mixed-use residential development that would provide much needed affordable housing to the area. The demolition permit would facilitate a project that is compatible with the surrounding neighborhood. As previously discussed, the project is consistent with all applicable General Plan goals and policies, Planned Development Zoning requirements, applicable city council policies, and Downtown Design Guidelines and Standards. The demolition of the existing buildings would facilitate the construction of two five-story multi-family apartment buildings consisting of 689 units and 4,005 square feet of commercial space on an approximately 5.4-gross acre site. Given the scope of the project, the rehabilitation or reuse of any of the existing buildings on-site would not be File Nos. PDC20-020, PT20-036 & PD20-011

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feasible. As discussed in the Initial Study, none of the buildings on the project site or the adjacent properties are listed on any local, State, or federal lists of historically or architecturally significant structures and/or sites, landmarks, or points of interest. The project site is currently developed with vernacular industrial and ancillary buildings that do not have distinctive architectural features and modern office buildings. Therefore, the buildings are not eligible for listing on the National Register of Historic Places, California Register of Historic Resources, or City of San José Historic Resources Inventory.

The demolition of any existing buildings on-site would not be approved until the issuance of a grading permit.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The City of San José, as the lead agency for the project, prepared an Addendum to the Downtown Strategy 2040 Final Environmental Impact Report (EIR) for the Dupont Residential Project in compliance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines Section 15164, because the development capacity evaluated in the Downtown Strategy 2040 Final EIR included the development under the project at a program level. An Initial Study was prepared for the Dupont Residential Project to evaluate the impacts of the project and no new significant environmental impacts or additional mitigation measures beyond those identified in the Downtown Strategy 2040 Final EIR were identified for the project. The Addendum and supporting Initial Study were not be circulated for public review and will be attached to the Downtown Strategy 2040 FEIR as supplemented pursuant of CEQA Guidelines §15164(c). The Addendum is available at the following link: https://www.sanjoseca.gov/your-government/departments- offices/planning-building-code-enforcement/planning-division/environmental-planning/environmental- review/active-eirs/dupont-residential-project-pd20-011

PUBLIC OUTREACH
Staff followed Council Policy 6-30: Public Outreach Policy in order to inform the public of the proposed project. An on-site sign has been posted on the project frontage since March 2, 2021. A notice of the public hearing was distributed to the owners and tenants of all properties located within 1,000 feet of the project site and posted on the City website. The staff report is also posted on the City’s website. Staff has also been available to respond to questions from the public.

A formally noticed Community Meeting was held on Tuesday, November 16, 2021 to introduce the proposed project to the community. Approximately 21 members of the public attended the meeting. The questions and comments from community members included pedestrian safety, hours of use for the roof deck, what amenities would be included, and construction timeline/impacts.

Project Manager: Alec Atienza

Approved by: /s/ Robert Manford, Deputy Director for Christopher Burton, Planning Director

File Nos. PDC20-020, PT20-036 & PD20-011

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ATTACHMENTS:

Exhibit A: Draft CEQA Resolution
Exhibit B: Draft Rezoning Ordinance
Exhibit C: Draft Vesting Tentative Map Resolution
Exhibit D: Draft Planned Development Permit Resolution
Exhibit E: Planned Development Zoning Plan Set
Exhibit F: Vesting Tentative Map
Exhibit G: Planned Development Permit Plan Set
Exhibit H: Draft Development Standards
Exhibit I: Legal Description and Plat Map

Owner/Applicant: Applicant’s Representative:

Perry Hariri
M&M Diridon LLC
1346 El Solyo Avenue
Campbell, CA 95008

Deena Morsilli
HMH Engineers
1570 Oakland Road
San Jose, CA 95131

PDC20-020, PT20-036, & PD20-011
Links to Attachments A-I
Click on the title to view document
Exhibit A: Draft CEQA Resolution
Exhibit B: Draft Rezoning Ordinance
Exhibit C: Draft Vesting Tentative Map Resolution
Exhibit D: Draft Planned Development Permit Resolution
Exhibit E: Planned Development Zoning Plan Set
Exhibit F: Vesting Tentative Map
Exhibit G: Planned Development Permit Plan Set
Exhibit H: Draft Development Standards
Exhibit I: Legal Description and Plat Map
Correspondence received after April 6, 2022

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