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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
RESOLUTION NO.____
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN JOSE APPROVING, SUBJECT TO CONDITIONS, A
PLANNED DEVELOPMENT PERMIT TO ALLOW THE
REMOVAL OF THREE ORDINANCE-SIZE TREES AND THE
CONSTRUCTION OF 21 SINGLE-FAMILY RESIDENCES, OF
WHICH FOUR UNITS ARE RESERVED AS AFFORDABLE
TO LOW-INCOME HOUSEHOLDS, AND 14 ACCESSORY
DWELLING UNITS ON THE PROJECT SITE, WITH
EXTENDED CONSTRUCTION HOURS TO INCLUDE
SATURDAYS 8:00 A.M. TO 5:00 P.M., AND DENSITY
BONUS INCENTIVES FOR REDUCED LOT SIZES AND FOR
THE CONSTRUCTION OF A PRIVATE CUL-DE-SAC ON AN
APPROXIMATELY 2.85-GROSS ACRE SITE, LOCATED ON
THE NORTH SIDE OF CAMBRIANNA DRIVE,
APPROXIMATELY 150 FEET WESTERLY OF TAPER
AVENUE (1975 CAMBRIANNA DRIVE)
FILE NO. PD21-012
WHEREAS, pursuant to the provisions of Chapter 20.100 of Title 20 of the San José Municipal Code, on April 15, 2021, a concurrent application (File No. PD21-012) was filed by the applicant Mark Robson of Robson Homes, LLC, on behalf of the owner, Cambrian School District, with the City of San José for a Planned Development Permit to allow the removal of three ordinance-size trees and the construction of 21 single-family residences, of which four units are reserved as affordable to low-income households, and 14 accessory dwelling units, with extended construction hours to include Saturday 8:00 a.m. to 5:00 p.m., and density bonus incentives for reduced lot sizes and for the construction of a private cul-de-sac on an approximately 2.85-gross acre site, on that certain real property situated in the R-1-8(PD) Planned Development Zoning District and located on the north side of Cambrianna Drive, approximately 150 feet westerly of Taper Avenue (1975 Cambrianna Drive, San José, which real property is sometimes referred to herein as the “subject property”); and
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WHEREAS, the subject property is all that real property more particularly described in Exhibit "A," titled “Legal Description,” and depicted in Exhibit “B,” titled “Parcel Map,” which is attached hereto and made a part hereof by this reference as if fully set forth herein; and
WHEREAS, pursuant to and in accordance with Chapter 20.100 of Title 20 of the San José Municipal Code, the Planning Commission conducted a Public Hearing on said concurrent applications on July 27, 2022, notice of which was duly given; and
WHEREAS, at said hearing, the Planning Commission gave all persons full opportunity to be heard and to present evidence and testimony respecting said matter; and
WHEREAS, at said hearing, the Planning Commission made a recommendation to the City Council respecting said matter based on the evidence and testimony; and
WHEREAS, pursuant to and in accordance with Chapter 20.100 of Title 20 of the San José Municipal Code, this City Council conducted a hearing on said application, notice of which was duly given; and
WHEREAS, at said hearing this City Council gave all persons full opportunity to be heard and to present evidence and testimony respecting said matter; and
WHEREAS, at said hearing this City Council received and considered the reports and recommendations of the City’s Planning Commission and the City’s Director of Planning, Building and Code Enforcement; and
WHEREAS, at said hearing, this City Council received in evidence a plan for the subject property entitled, “Planned Development Permit 1975 Cambrianna Drive” dated April 19, 2022, said plan is on file in the Department of Planning, Building and Code Enforcement NVF:JVP:JMD
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and is available for inspection by anyone interested herein, and said plan is incorporated herein by this reference, the same as if it were fully set forth herein; and
WHEREAS, said public hearing before the City Council was conducted in all respects as required by the San José Municipal Code and the rules of this City Council; and
WHEREAS, this City Council has heard and considered the testimony presented to it at the public hearing, and has further considered written materials submitted on behalf of the project applicant, City staff, and other interested parties;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSÉ THAT:
After considering evidence presented at the public hearing, the City Council finds that the following are the relevant facts and findings regarding this proposed project:
1. Site Description and Surrounding Uses. The Project Site is located on the north side of Cambrianna Drive, approximately 150 feet westerly of Taper Avenue (1975 Cambrianna Drive). The project site is located within the eastern portion of a larger, approximately 10.00-acre parcel that is partially developed with an elementary school facility. The approximately 2.85-gross acre site is currently dirt, grass area and gravel parking lot along the eastern boundary of the school campus. Existing access to the site is from one gated driveway along Cambrianna Drive, east of Browning Avenue.
While the elementary school is no longer operating, the facility is used by the California Sports Center and two preschools (7 Magic Flowers Bilingual Montessori and ATLC).
Surrounding land uses include single-family residences to the north, east, and south.
The former school site, currently used by two preschools and a sports center, is adjacent to the project site on the west.
2. Project Description. The project consists of a Planned Development Permit to allow the removal of three ordinance-size trees and the construction of 21 single-family residences, of which four units are reserved as affordable to low-income households, and 14 accessory dwelling units, with extended construction hours to include Saturday 8:00 a.m. to 5:00 p.m., and density bonus incentives for reduced lot sizes and for the construction of a private cul-de-sac on an approximately 2.85-gross acre site, located on the north side of Cambrianna Drive, approximately 150 feet westerly of Taper Avenue (1975 Cambrianna Drive).
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Saturday construction activities including staging of vehicles, equipment and construction materials, shall be limited to between the hours of 8:00 a.m. and 5:00 p.m. Rough grading and demolition shall not be allowed on Saturdays, nor shall roadway construction that includes heavy and noisy equipment. Stationary noise- generating equipment such as air compressors or portable power generators are required by condition of approval to be located as far as possible from sensitive receptors. The purpose for this request is to limit delays from inclement weather and reduce the overall timeframe to complete the project. Saturday work would shorten the schedule by several months. This would benefit the two adjacent preschools that are open Monday through Friday but not open on Saturdays. Therefore, allowing work on Saturdays would reduce the amount of time students are exposed to construction noise.
In conjunction with the Planned Development Permit, the project also includes a Planned Development Rezoning, File No. PDC21-011, and a Vesting Tentative Map, File No. PT21-034. The Planned Development Rezoning rezoned the site from the R- 1-8 Single-Family Residence Zoning District to the R-1-8(PD) Planned Development Zoning District, and the Vesting Tentative Map subdivides 2.85 gross acres from one existing 10-acre parcel to create 24 parcels, including 21 single-family residential parcels, and two private street parcels, and the remaining 7.15 acres (Lot 22) to be retained by the Cambrian School District.
3. Envision San José 2040 General Plan and Stevens Creek Boulevard Urban Village Plan Consistency. The project is within the Residential Neighborhood land use designation in the Envision San José 2040 General Plan Land Use/ Transportation Diagram Map. The land use designation is for established, single- family residential neighborhoods. The Residential Neighborhood designation typically provides for a density of up to 8 dwelling units per acre (du/ac), but also allows projects to match the existing neighborhood character if greater than 8 du/ac.
New infill development within the Residential Neighborhood land use designation should improve and/ or enhance existing neighborhood conditions by completing the existing neighborhood pattern and bringing infill properties into general conformance with the quality and character of the surrounding neighborhood. New infill development should be integrated into the existing neighborhood pattern, continuing and, where applicable, extending or completing the existing street network. The average lot size, orientation, and form of new structures for any new infill development must therefore generally match the typical lot size and building form of any adjacent development, with particular emphasis given to maintaining consistency with other development that fronts onto a public street to be shared by the proposed new project.
Analysis: Under State Law SB 330, the City of San José may only apply objective general plan, zoning, and policy standards. The objective maximum density standard for the Residential Neighborhood land use designation is 8 du/ac. The project includes 21 dwelling units on 2.85 gross acres, which results in 7.4 du/ac. The project is NVF:JVP:JMD
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therefore consistent with the density requirement of up to 8 du/ac.
As to the General Plan requirement to complete the existing street network with average lot size, orientation, and form consistent with adjacent properties, the project is requesting a Density Bonus incentive to create a private cul-de-sac instead of continuing Browning Avenue through the project to complete the existing street network, which would result in an actual and identifiable cost reduction for the affordable homes. The project has been deemed eligible for Density Bonus under State Law (Government Code Section 65915). Therefore, the cul-de-sac is allowed as an incentive as described in the Density Bonus Section below.
The project is consistent with the following key General Plan policies:
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 Plan goals and policies than may be practical through implementation of a conventional Zoning District.
Analysis: The project includes 21 single-family homes. of which four units are reserved as affordable to low-income households, and is generally consistent with the surrounding land uses, but requires specific development standards to meet the density allowed by the General Plan, including reduced lot area and width, reduced parking, and reduced setbacks. The setbacks of the PD Zoning Development Standards, compared to the standard R-1-8 Single-Family Residential Zoning District, would allow the project to achieve a density consistent with the General Plan Land Use Designation of Residential Neighborhood while also being compatible with the character and appearance of the adjacent residential development. The rezoning allows the project to minimize the amount of land dedicated to parking, as well as encourage transit ridership at the nearby bus stops for Santa Clara Valley Transportation Authority (VTA) Routes 37, 61 and Express 101.
Housing Policy H-2.5: Facilitate second units on single-family residential lots, in conformance with our City’s Secondary Unit Ordinance, to take advantage of a potential source of affordable housing.
Analysis: The project includes 14 accessory dwelling units in conformance with Section 20.30.460 of the Zoning Code. The project is consistent with this policy.
4. Zoning Ordinance Consistency
The project includes a rezoning from the R-1-8 Single-Family Residence Zoning District to the R-1-8(PD) Planned Development Zoning District. The surrounding parcels are all zoned R-1-8 Single-Family Residence.
Land Use
The base zoning of the R-1-8 (PD) Planned Development Zoning District supports NVF:JVP:JMD
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compatibility with the surrounding single-family residential neighborhoods. The R-1-8 (PD) Planned Development Zoning District also allows accessory dwelling units where appropriate and is designed to support the residential goals and policies of the General Plan.
The City Council previously adopted Resolution No. 79909 on February 23, 2021 changing the land use designation for the project site from Public/Quasi Public to Residential Neighborhood. The Resolution includes a condition requiring any future development on the project site to include at least 15% affordable units with a maximum 80% AMI restriction, and a minimum of 14 accessory dwelling units (ADUs).
Based on the 21 total single-family dwelling units proposed, 3.15 affordable units would be required. The project meets this requirement by including four affordable housing units and 14 ADUs.
Development Regulations
Below is a comparison of the R-1-8 Single-Family Residence Zoning District per Section 20.30.200 of the Zoning Code and the project’s R-1-8 (PD) Planned Development Zoning District development standards. Per Section 20.60.040.B of the Zoning Code, when a PD permit has been implemented, the provisions of the permit prevail over the regulations of the base district zoning of the property.
The project includes 17 detached single-family homes and four attached single-family homes. The attached homes are on separate lots with zero lot lines. This differs from a duplex in that a duplex is a two-family dwelling on one lot.
Standard R-1-8 Zoning
District
Requirements
R-1-8(PD) Planned
Development Zoning
District Development
Standards
Project
Compliance
with PD
Standards
Minimum Lot
Area
5,445 square
feet
Detached: 4,100 square
feet
Attached: 2,500 square feet
Detached: 4,237
square feet
Attached: 2,581
square feet
Minimum Front
Setback
20 feet Lots 1 thru 9 and 14 thru
21: Seven feet
Lots 10 and 13: 15 feet
Lots 11 and 12: 20 feet
Lots 1 thru 9 and
14 thru 21: 7.83
feet
Lots 10 and 13:
15 feet
Lots 11 and 12:
20 feet
Minimum Side
Setback
(interior)
5 feet Detached: Five feet*
Attached:
Zero feet between
Detached: 5 feet
Attached: Zero
between lots and
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Lots 1 and 2 and
between Lots 6 and
7 Minimum 6 feet to
adjacent lot line
Detached Garage/ADU:
Minimum three feet from
structure including eaves
6.5 feet to
adjacent lot line
Detached
Garage/ ADU:
4.25 feet to
structure, 3.25
feet to eave
Minimum Side
Setback
(corner)
12.5 feet 10 feet Lot 1: 10 feet
Minimum Rear
Setback
20 feet 20 feet, except 10 feet for
attached ADUs or a ground
floor bedroom, provided
that such shall not occupy
more than thirty percent of
the rear yard
Detached Garage/ADU:
Three feet, as measured
from the property line to
and wall or architectural
projection, including eaves
20 feet
10 feet for lots
with attached
ADUs
Detached
Garage/ ADU:
4.25 feet
Maximum
Height
35 feet No change 27.7 feet
*With up to two feet allowed for architectural projections Analysis: As shown on the Planned Development Permit PD21-012 Plan Set, the project conforms with all required setback standards pursuant to the General Development Plan of the R-1-8 (PD) Planned Development Zoning District. The setbacks of the R-1-8 (PD) Planned Development Zoning Development Standards, compared to the standard R-1-8 Single-Family Residential Zoning District, allows the project to achieve a density of 7.4 du/ac, consistent with the General Plan Land Use Designation of Residential Neighborhood, which allows up to 8 du/ac, while also being compatible with the character and appearance of the adjacent residential development.
Vehicle Parking:
The following table compares the parking standards of the Zoning Code to those of the Planned Development Zoning Development Standards, and shows project compliance with the R-1-8 (PD) Planned Development Standards:
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Parking Zoning Code R-1-8(PD) Planned
Development
Zoning District
Development
Standards
Project
Compliance with
PD Standards
Single Family
Detached
Two covered
spaces per unit
No change Two covered
spaces per unit (34
spaces)
Single Family
Attached
Two covered
spaces per unit
One covered space
per unit
One covered space
per unit (4 spaces)
Analysis: The project provides parking ratios consistent with the Planned Development Zoning Standards. The Zoning Code would require a greater number of parking spaces than provided. The rezoning allows the project to minimize the amount of land dedicated to parking, as well as encourage transit ridership at the nearby bus stops for VTA Routes 37, 61 and Express 101. Single-family residential uses are not required to provide any bicycle, motorcycle, or loading spaces.
5. San José Design Guidelines Consistency
The project was analyzed for consistency with applicable Single-Family Design Guidelines. Per Senate Bill 330, effective January 1, 2020, only objective standards and guidelines can be applied to certain affordable housing projects. Objective standards per SB 330 must be measurable and quantifiable. The Single-Family Design Guidelines contain very few objective standards; however, the project does comply with the key guidelines below:
Section 1.C.3. Main entries should be prominent and oriented to the street unless another pattern is well established on the block, and in appropriate scale for the block as well as the individual building.
Analysis: The main entrances of the single-family home designs are prominent and face the street. None of the single-family home designs have main entryways that are out of scale for the structure. The project is consistent with this section.
Section 2.A.3. Building forms should be varied enough to avoid monotony and to be compatible with surrounding houses but should still be simple and elegant.
Analysis: There are a total of eleven elevations within the Planned Development Permit Plan Set for the 21 single-family homes. This provides variety in design, and along with changes in color and materials provides variety in appearance. The single- family home designs are not overly complex but keep to traditional design features which result in simple and elegant design.
Section 1.E.1. On blocks where single-story houses or small two-story houses are the predominant block pattern, a second story addition or a new two-story house may NVF:JVP:JMD
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require some particular attention to keep the perceived scale of the new construction compatible with the surrounding structures. Scale may be minimized by employing one or more of the following techniques:
a. Set the second story back from the front and sides of the first story a distance sufficient to reduce the apparent overall scale of the building. b. Significantly limit the size of the second story relative to the first story, including any addition to the first story.
c. Significantly increase the front and/or side setbacks for the entire structure. d. Place at least 60 or 70 percent of the second story floor area over the back half of the first story.
Analysis: This section applies to the two-story homes adjacent to existing single-story homes (Lots 10 thru 13). Upon review and coordination with the applicant, the second stories of the subject lots were reduced to minimize the overall massing of the home in relation to the adjacent homes, to meet this requirement. The project is consistent with this section.
6. State Density Bonus Law Consistency (Government Code Section 65915) The project includes four units of affordable housing subject to the State Density Bonus Law. Of the total 21 units included in the project, four units (19% of total) are reserved for low-income households, with income limits as defined in California Code Section 65915. The project is therefore eligible for the provisions of the State Density Bonus Law. These incentives have been incorporated into the Planned Development Zoning standards.
Density Bonus
Under State Law SB 330, the City of San José may only apply objective standards.
The minimum objective density standard for the Residential Neighborhood land use designation is 8 du/ac. The project includes 21 dwelling units on 2.85 gross acres, which results in 7.4 du/ac. The project is therefore consistent with the density requirement and does not require a Density Bonus.
Incentives
Projects that are eligible for a density bonus are also eligible to pursue incentives and concessions, such as reductions in development standards to facilitate the economically viable construction of affordable housing, as long as the applicant provides reasonable documentation to demonstrate the requested incentives or concessions result in actual and identifiable cost savings. Based on the percentage of affordable units provided, the project qualifies for two incentives. The project has requested two incentive, as follows:
Incentive 1: Private Cul-de-Sac.
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The San José Municipal Code requires new streets in new subdivisions to be designed to make provisions for the continuation of the existing streets adjacent to such new streets into such new subdivisions and for the proper projection of such new streets over adjacent undeveloped property per Section 19.36.020. The applicant is requesting to exempt the project from the requirement to continue Browning Avenue through the project site to intersect with Cambrianna Drive to the south, and instead constructing a private cul-de-sac for access to the development per the approved Planned Development Permit Plan Set.
As described in the Density Bonus Request letter from the applicant dated December 22, 2021, if required to continue Browning Avenue, additional land is needed for the public right-of-way and street design (5,444 square feet). The reduced net residential area results in 18 units, or a loss of three units. Additionally, the larger street section and impervious area increases construction costs for the pavement and stormwater facilities. The requested concession would therefore reduce the average cost per unit from $2,127,057 to $1,891,620, resulting in a total reduction of $235,437 per unit.
Without the requested concession, the project is not viable and cannot be constructed.
As a result of the decreased costs, the project would be viable and can be constructed.
Cost savings will go toward the affordability of the units. Therefore, the incentive request to construct a private cul-de-sac for access to the development results in actual and identifiable cost reductions and can be granted.
Incentive 2: Reduced Lot Size.
The San José Municipal Code requires a minimum lot size of 6,000 square feet for each new lot created within a subdivision per Section 19.36.180. The lot size may be reduced from the 6,000 square foot minimum lot area in all or some of the lots in a proposed subdivision as long as no lots contain a minimum area of less than 5,000 square feet. The applicant is requesting a reduction of the minimum lot size to 4,100 square feet for the detached single-family lots and 2,580 square feet for the attached single-family lots.
As described in the Density Bonus Request letter previously referenced, the requirement for a minimum lot size of 5,000 square feet results in fewer lots on each side of the proposed private street and would result in a loss of four units. The use of smaller lots in key locations decreases the cost per unit that enables construction of affordable homes, while providing back yards, privacy and desirable home sites. The requested concession would therefore reduce the average cost per unit from $2,234,588 to $1,891,620, resulting in a total reduction of $342,968 per unit. Without the requested concession, the project is not viable and cannot be constructed.
As a result of the decreased costs, the project would be viable and can be constructed.
Cost savings will go toward the affordability of the units. Therefore, the incentive request to reduce the minimum lot size results in actual and identifiable cost reductions and can be granted.
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7. City Council Policy Consistency
City Council Policy 6-30: Public Outreach Policy for Pending Land Use Development Proposals
Under City Council Policy 6-30, the project is a standard development. Standard development projects are required to provide Early Notification by website, email, postcard mailed to property owners and tenants within a 1,000-foot radius, and by on- site signage. Following City Council Policy 6-30, the required on-site sign has been posted at the site since May 18, 2021, to inform the neighborhood of the project. A community meeting was held to discuss the project on January 6, 2022 via Zoom webinar. Approximately 13 members of the public were in attendance for the meeting.
Comments received during the community meeting included concerns about traffic, loss of open space, lengthy construction timeline, and displacement of wildlife. Public Notices of the community meeting and public hearing were 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.
8. California Environmental Quality Act.
The City of San José, as the Lead Agency, prepared an Initial Study/Mitigated Negative Declaration (IS/MND) (State Clearinghouse No. 2022050629), for the 1975 Cambrianna Drive Residential Project in compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines (California Code of Regulations §15000 et. seq.) and the regulations and policies of the City San José, California. The IS/MND evaluated the environmental impacts that might reasonably be anticipated to result from implementation of the proposed project.
The IS/MND was circulated from May 27, 2022 to June 15, 2022, and four comments were received during the public review period. One of the comments was from Valley Water and requested that the IS/MND include discussion that the site is located within a designated groundwater recharge zone, and that any analysis of groundwater impacts should also take that into consideration. In response to this comment, text has been revised in the Initial Study to reflect accurate and consistent descriptions of the project site’s location in the Santa Clara Subbasin recharge zone. A second comment asked about when traffic counts were performed to ensure that skewed numbers were not used due to the pandemic. In response to this comment, traffic counts were confirmed to have been performed in 2018-2019, prior to the pandemic, and growth factors were also applied for counts older than two years. The last two comments did not pertain to the project’s environmental impacts and asked about density bonus incentives and affordable housing.
The IS/MND, including responses to comments received during the public review period, can be found at the following link: 1975 Cambrianna Drive Residential Project | NVF:JVP:JMD
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City of San José (sanjoseca.gov)
The IS/MND identified relevant mitigation measures for potential impacts to air quality during construction, nesting birds, and construction-related noise and vibration impacts on nearby residential areas and the preschools. In addition, standard permit conditions are made part of the permit approval. These standard permit conditions include best management practices for construction related air quality impacts, removal of existing trees on the site, compliance with the Santa Clara Valley Habitat Plan, compliance with the California Building Code for seismic safety of the proposed building, erosion control during construction activities, protection of unknown subsurface cultural resources and human remains, protection of construction workers from hazards related to contaminated soils, water quality impacts during construction and operation periods, and best management practices to control noise during construction and achieving an interior noise level of less than 45 dBA DNL after construction. The mitigation measures are included in the Mitigation Monitoring and Reporting Program (MMRP) and both the mitigation measures and standard permit conditions are made a part of this permit.
The Initial Study concluded that the proposed project would not result in any significant and unavoidable environmental impacts, with implementation of identified mitigation measures. Therefore, an EIR is not required, and an Initial Study/Mitigated Negative Declaration is the appropriate level of CEQA clearance for the project.
9. Planned Development Permit Findings. Section 20.100.940 of the Zoning Ordinance specifies the required findings for approval of a Planned Development Permit. These findings are made for the project based on the analysis related to General Plan, Zoning Ordinance, and CEQA conformance and subject to the conditions set forth in the Permit. In order to make the Planned Development Permit findings and recommend approval to the Planning Commission, staff must determine that:
a. The planned development permit, as issued, is consistent with and furthers the policies of the general plan; and
Analysis: As analyzed above, the single-family residential project with 21 homes, of which four units are reserved as affordable to low-income households, is consistent with the Residential Neighborhood land use designation per the General Plan, including relevant goals and policies. The use is allowed within the Residential Neighborhood designation, the project is providing 7.4 du/ac and includes 14 accessory dwelling units per the Council Memo regarding the General Plan Amendment GP20-003 approved on February 23, 2021. b. The planned development permit, as issued, conforms in all respects to the planned development zoning of the property; and
Analysis: As analyzed above, the project is consistent with the R-1-8 (PD) Planned Development Zoning District Development Standards. The project is NVF:JVP:JMD
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consistent with the parking, setback, and height requirements of the Planned Development Standards and the General Development Plan. c. The planned development permit, as approved, is consistent with applicable city council policies, or counterbalancing considerations justify the inconsistency; and Analysis: As discussed above, the project is subject to and conforms to the Public Outreach Policy for Pending Land Use and Development Proposals. d. 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 subject single-family residential project provides 21 new single- family homes and 14 accessory dwelling units, including four homes reserved for low-income households. The design of the single-family homes includes architecture styles such as Craftsman, Monterey, and Farmhouse, that provides variety while being compatible with each other. Materials such as board and batten siding, wood columns and trim, and brick are incorporated into the design.
The design also includes variations on color, materials, projections, and recessions, which contribute to an interesting and varied design. e. 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 affect on adjacent property or properties.
Analysis: As discussed above, the project incorporates measures to address noise, stormwater runoff, drainage and erosion. The project will be required to adhere to all applicable standard permit conditions and mitigation measures related to reducing temporary and operational sources of noise and vibration, dust, and erosion. Residential buildings are not usually considered a source of significant odor and would not impact adjacent properties. The project will be required to comply with all City permits and policies related to erosion and storm water runoff. For these reasons the project is not anticipated to have an unacceptable negative impact on adjacent properties.
10. Tree Removal Findings. Chapter 13.32 of the San José Municipal Code establishes at least one of the following required findings must be made for issuance of a Live Tree Removal Permit for ordinance-size trees. Findings are made for the project based on the findings related to General Plan, Zoning Ordinance and CEQA conformance and for the reasons stated below, and subject to the conditions set forth in the resolution. a. That the location of the tree with respect to a proposed improvement unreasonably restricts the economic development of the parcel in question Analysis: As discussed above, three ordinance-size trees will be removed to accommodate the project. The trees to be removed are located in the area of NVF:JVP:JMD
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construction. Based on this reason, the trees to be removed cannot be preserved. The trees will be required to be replaced at the City-required ratio.
All three trees proposed to be removed are non-native species, Deodar Cedar. Per the City’s Tree Replacement ratios per the table below, the trees will be required to be replaced at a ratio of 4:1, resulting in 12 required replacement trees. Per Sheet
10.1 of the Planned Development Permit Plan Set, thirty-six (36) 24-inch box size trees will be planted at the project site. The project is consistent with the requirement.
Tree Replacement Ratios
Circumference of
Tree to be Removed
Type of Tree to be Removed Minimum Size of Each
Replacement Tree Native Non-Native Orchard
38 inches or more 5:1 4:1 3:1 15-gallon
19 up 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 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 tree = two 15-gallon trees
If there is insufficient area on the project site to accommodate the required replacement trees, one or more of the following measures shall be implemented, to the satisfaction of the Director of Planning, Building and Code Enforcement or Director’s designee. Changes to an approved landscape plan requires the issuance of a Permit Adjustment or Permit Amendment.
• The size of a 15-gallon replacement tree may be increased to 24-inch box and count as two replacement trees to be planted on the project site. • Pay Off-Site Tree Replacement Fee(s) to the City, prior to the issuance of building permit(s), in accordance with the City Council approved Fee Resolution in effect at the time of payment. The City will use the off-site tree replacement fee(s) to plant trees at alternative sites.
In accordance with the findings set forth above, a Planned Development Permit to use the subject property for said purpose specified above and subject to each and all of the conditions hereinafter set forth is hereby granted. This City Council expressly declares that it would not have granted this Permit except upon and subject to each and all of said conditions, each and all of which conditions shall run with the land and be binding upon the NVF:JVP:JMD
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owner and all subsequent owners of the subject property, and all persons who use the subject property for the use conditionally permitted hereby.
APPROVED SUBJECT TO THE FOLLOWING CONDITIONS:
1. Acceptance of Permit. Per San José Municipal Code Section 20.100.290(B), should Permittee fail to file a timely and valid appeal of this Permit within the applicable appeal period, such inaction by the Permittee shall be deemed to be constitute all of the following on behalf of the Permittee:
a. Acceptance of the Permit by the Permittee; and
b. Agreement by the Permittee to be bound by, to comply with, and to do all things required of or by the Permittee pursuant to all of the terms, provisions, and conditions of this permit or other approval and the provisions of Title 20 applicable to such Permit.
2. Permit Expiration. This Planned Development Permit shall automatically expire four (4) years from and after the date of issuance hereof by the City Council, if within such time period, the proposed use of the site or the construction of buildings (if a Building Permit is required) has not commenced, pursuant to and in accordance with the provision of this Permit. The date of issuance is the date this Permit is approved by the City Council. However, the Director of Planning, Building and Code Enforcement may approve a Permit Adjustment/Amendment to extend the validity of this Permit in accordance with Title 20. The Permit Adjustment/Amendment must be approved prior to the expiration of this Permit.
3. Building Permit/Certificate of Occupancy. Procurement of a Building Permit and/or Certificate of Occupancy from the Building Official for the structures described or contemplated under this Permit shall be deemed acceptance of all conditions specified in this Permit and the Permittee's agreement to fully comply with all of said conditions. No change in the character of occupancy or change to a different group of occupancies as described in the Building Code shall be made without first obtaining a Certificate of Occupancy from the Building Official, as required under San José Municipal Code Section 24.02.610, and any such change in occupancy must comply with all other applicable local and state laws.
4. Accessory Dwelling Units. The project is required to construct a minimum of 14 Accessory Dwelling Units (ADUs) on the Project Site. The ADUs are permitted by right and do not require a discretionary process. The final design will be approved by the Building Division as part of the required Building Permit per the City of San José ’s ADU requirements.
5. Sewage Treatment Demand. Pursuant to Chapter 15.12 of Title 15 of the San José Municipal Code, acceptance of this Permit by Permittee shall constitute acknowledgement of receipt of notice by Permittee that (1) no vested right to a Building NVF:JVP:JMD
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Permit shall accrue as the result of the granting of this Permit when and if the City Manager makes a determination that the cumulative sewage treatment demand of the San José - Santa Clara Regional Wastewater Facility represented by approved land uses in the area served by said Facility will cause the total sewage treatment demand to meet or exceed the capacity of San José - Santa Clara Regional Wastewater Facility to treat such sewage adequately and within the discharge standards imposed on the City by the State of California Regional Water Quality Control Board for the San Francisco Bay Region; (2) substantive conditions designed to decrease sanitary sewage associated with any land use approval may be imposed by the approval authority; (3) issuance of a Building Permit to implement this Permit may be suspended, conditioned or denied where the City Manager makes a determination that such action is necessary to remain within the aggregate operational capacity of the sanitary sewer system available to the City of San José or to meet the discharge standards of the sanitary sewer system imposed on the City by the State of California Regional Water Quality Control Board for the San Francisco Bay Region.
6. Conformance to Plans. The development of the site and all associated development and improvements shall conform to the approved Planned Development Permit plans entitled, “Planned Development Permit 1975 Cambrianna Drive” dated April 19, 2022, on file with the Department of Planning, Building and Code Enforcement as may be amended subject to City’s approval, and to the San José Building Code (San José Municipal Code, Title 24), as amended. The plans are referred to herein as the “approved plans” or the “Approved Plan Set.”
7. Use Authorization. Subject to all conditions herein, this Permit allows the removal of three ordinance-size trees and the construction of 21 single-family residences, of which four units are reserved as affordable to low-income households, and 14 accessory dwelling units, with extended construction hours beyond Monday thru Friday 7 a.m. to 7 p.m. to include Saturday 8 a.m. to 5 p.m.
8. Regulatory Agreement. The project is required to provide a minimum of four dwelling units reserved for Low-Income Households on the Project Site. The four units include attached single-family on lots 1, 2, 6 and 7. Prior to the issuance of any building permits or approval of any final map, whichever occurs first, permittee shall enter into a Regulatory Agreement with the City for the affordable units. Such Regulatory Agreement shall be recorded in the Santa Clara County Clerk-Recorder’s Office. The Regulatory Agreement shall be in a form approved by the City Attorney and Director of Planning, Building and Code Enforcement.
9. Timing of Tree Removals. Trees that are proposed for removal to accommodate new development shall not be removed until the related complete Public Works Grading Permit Application or Building Permit Application has been filed.
10. Planned Development District Effectuated. This Planned Development Permit effectuates the Planned Development Zoning as reflected in the Permit’s Approved Plan Set and the corresponding legal description.
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11. Compliance with Local, State, and Federal Laws. The subject use shall be conducted in full compliance with all local, state, and federal laws.
12. Discretionary Review. The City maintains the right of discretionary review of requests to alter or amend structures, conditions, or restrictions of this Permit incorporated by reference in accordance with Chapter 20.100 of the San José Municipal Code.
13. Utilities. All new on-site telephone, electrical, and other service facilities shall be placed underground.
14. Street Number Visibility. Street numbers of the buildings shall be easily visible from the street at all times, day and night.
15. Housing Conditions of Approval. The permittee has submitted an Affordable Housing Compliance Plan Application (“Plan”) and processing/application fees.
Permittee will provide four dwelling units reserved for Low-Income Households (as defined by CA Health and Safety Code 50079.5). The four units include attached single family lots 1, 2, 6 and 7. Homes are approved under 5.08.610 F and therefore are waived from 5.08.470 F.
a. The permittee must execute and record their City Affordable Housing Agreement memorializing the IHO obligations against the property and any contiguous property under common ownership and control prior to earliest of: issuance of any building permits, or approval of any final map.
b. Permittee must strictly comply with each requirement of the approved Affordable Housing Compliance Plan, the Affordable Housing Agreement, and any other applicable requirements of the IHO.
c. No building permit may issue until the Affordable Housing Agreement is recorded against the property. No building permit may issue except consistent with the requirements of the IHO and the proposed Plan to fulfill the affordable housing obligations.
d. Temporary Certificate of Occupancy, Certificate of Occupancy, and Notice of Completion for any units shall be issued in accordance with all requirements of the IHO and Affordable Housing Agreement.
16. Extended Construction Hours. Saturday construction hours, including staging of vehicles, equipment and construction materials, shall be limited to Saturdays between the hours of 8:00 a.m. and 5:00 p.m. Rough grading and demolition shall not be allowed on Saturdays, nor shall roadway construction that includes heavy and noisy equipment. Stationary noise-generating equipment such as air compressors or portable power generators shall be located as far as possible from sensitive receptors. Permittee shall be responsible for educating all contractors and subcontractors of said construction restrictions. The Director of Planning, Building and Code Enforcement, at their discretion, may rescind provisions to allow extended NVF:JVP:JMD
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hours of construction activities on weekends upon written notice to the Permittee.
Permittee shall be responsible for educating all contractors and subcontractors of said construction restrictions. The Director of Planning, Building and Code Enforcement, at their discretion, may rescind provisions to allow extended hours of construction activities on weekends upon written notice to the Permittee.
17. Construction Disturbance Coordinator. Rules and regulation pertaining to all construction activities and limitations identified in this Permit, along with the name and telephone number of a Permittee-appointed disturbance coordinator, shall be posted in a prominent location at the entrance to the job site.
18. Homeowner’s Association. A Homeowner’s Association shall be established for maintenance of all common areas, including private streets, landscaping, sidewalks and fixtures. A copy of the Development Permit, the accompanying Approved Plans, any approved Amendments or Adjustments to the Development Permit, and a complete set of approved building and all improvement plans shall be provided to the Homeowner’s Association by the Permittee no later than 30 days upon completion of each phase.
19. Stormwater Stenciling. All storm drain inlets and catch basins shall be stenciled with the “NO DUMPING - FLOWS TO BAY,” applied to the top and/or face of the curb next to the storm drain inlet. The development maintenance entity and/or property owner shall ensure that all storm drain inlet markings located on privately maintained streets within the property are present and maintained.
20. Landscaping. Planting and irrigation are to be provided by the Permittee, as indicated, on the final Approved Plans.
21. Irrigation Standards. Irrigation shall be installed in accordance with Part 3 of Chapter 15.11 of Title 15 of the San José Municipal Code, Water Efficient Landscape Standards for New and Rehabilitated Landscaping, the City of San José Landscape and Irrigation Guidelines and the Zonal Irrigation Plan in the Approved Plans, as applicable.
The design of the system shall be approved and stamped by a California Registered Landscape Architect.
22. Certification. Pursuant to San José Municipal Code, Section 15.11.1050 certificates of substantial completion for landscape and irrigation installation shall be completed by a licensed or certified professional and provided to the Department of Planning, Building and Code Enforcement prior to approval of the final inspection of the project, as applicable
23. Bureau of Fire Department Clearance for Issuing Permits. Prior to the issuance of any Building Permit, the project must comply with the California Fire Code as adopted or updated by the City.
24. Building Division Clearance for Issuing Permits. Prior to the issuance of any Building permit, the following requirements shall be met to the satisfaction of the Chief Building Official:
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a. Construction Plans. This Permit file number, PD21-012 shall be printed on all construction plans submitted to the Building Division.
b. San José ’s Natural Gas Infrastructure Prohibition and Reach Code Ordinances.
The City’s Natural Gas Infrastructure Prohibition and Reach Code Ordinances apply to this project and all requirements shall be met. For more information, please visit www.sjenvironment.org/reachcode.
c. Americans with Disabilities Act. The permittee shall provide appropriate access as required by the Americans with Disabilities Act (ADA). d. Emergency Address Card. The project Permittee shall file an Emergency Address Card, Form 200-14, with the City of San José Police Department. e. Construction Plan Conformance. A project construction plan conformance review by the Planning Division is required. Planning Division review for project conformance will begin with the initial plan check submittal to the Building Division.
Prior to any Building Permit issuance, Building Permit plans shall conform to the approved Planning development permits and applicable conditions. f. Project Addressing Plan. Prior to issuance of any Building Permit, the following requirements shall be met to the satisfaction of the Chief Building Official: The project Permittee shall submit an addressing plan for approval for the subject development (residential, mixed use, complex commercial or industrial). The addressing plan should include proposed street names for the streets (as referenced on an approved tentative map) and the type of addressing (i.e., individual street addresses as compared to unit number off of a primary street).
g. Other. Such other requirements as may be specified by the Chief Building Official.
35. Recycling. Scrap construction and demolition material shall be recycled. Integrated Waste Management staff at (408) 535-8550 can provide assistance on how to recycle construction and demolition debris from the project, including information on available haulers and processors.
36. Public Works Clearance for Building Permit(s) or Map Approval: Prior to the approval of the Tract Map by the Director of Public Works, or the issuance of Building permits, whichever occurs first, the permittee will be required to have satisfied all of the following Public Works conditions. The permittee is strongly advised to apply for any necessary Public Works permits prior to applying for Building permits. Standard review timelines and submittal instructions for Public Works permits may be found at:
http://www.sanjoseca.gov/devresources.
a. Construction Agreement: The public improvements conditioned as part of this permit require the execution of a Construction Agreement that guarantees the completion of the public improvements to the satisfaction of the Director of Public Works. This agreement includes privately engineered plans, bonds, insurance, a completion deposit, and engineering and inspection fees.
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b. Transportation: See separate Traffic Memo dated 1/3/22 for additional information. The following conditions shall be implemented:
i. Entrances to private streets from the public street shall be transitioned via a City standard 26-foot wide driveway approach.
ii. Provide red painted curb 10- feet’ on each side of the private street driveway cut.
c. Grading/Geology:
i. A grading permit is required prior to the issuance of a Public Works Clearance.
ii. All on-site storm drainage conveyance facilities and earth retaining structures 4 feet in height or greater (top of wall to bottom of footing) or is being surcharged (slope of 3:1 or greater abutting the wall) shall be reviewed and approved under Public Works grading and drainage permit prior to the issuance of Public Works Clearance. The drainage plan should include all underground pipes, building drains, area drains and inlets. The project shall provide storm drainage calculations that adhere to the latest California Plumbing Code as adopted under the City of San José Municipal Code Section 24.04.100 or submit a stamped and signed engineered design alternative for Public Works discretionary approval and must be designed to convey a 10-year storm event.
iii. If the project proposes to haul more than 10,000 cubic yards of cut/fill to or from the project site, a haul route permit is required. Prior to issuance of a grading permit, contact the Department of Transportation at (408) 535-3850 for more information concerning the requirements for obtaining this permit. iv. Because this project involves a land disturbance of one or more acres, the permittee is required to submit a Notice of Intent to the State Water Resources Control Board and to prepare a Storm Water Pollution Prevention Plan (SWPPP) for controlling storm water discharges associated with construction activity. Copies of these documents must be submitted to the City Project Engineer prior to issuance of a grading permit. v. A soils report must be submitted to and accepted by the City prior to the issuance of a grading permit. This report should include, but is not limited to: foundation, earthwork, utility trenching, retaining and drainage recommendations.
d. Stormwater Runoff Pollution Control Measures: This project must comply with the City’s Post-Construction Urban Runoff Management Policy (Policy 6-29) which requires implementation of Best Management Practices (BMPs) which includes site design measures, source controls and numerically-sized Low Impact Development (LID) stormwater treatment measures to minimize stormwater NVF:JVP:JMD
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pollutant discharges.
i. The project’s Stormwater Control Plan and numeric sizing calculations have been reviewed and this project will be in conformance with City Policy 6-29. ii. Final inspection and maintenance information on the post-construction treatment control measures must be submitted prior to issuance of a Public Works Clearance.
e. Stormwater Peak Flow Control Measures: The project is located in a Hydromodification Management (HM) area and will create and/or replace one acre or more of impervious surface. The project must comply with the City’s Post- Construction Hydromodification Management Policy (Council Policy 8-14) which requires demonstrating that post-project runoff is less than or equal to the estimated pre-project rates and durations.
i. The project’s HM plan and sizing calculations have been reviewed and this project will be in conformance with City Policy 8-14.
ii. Final inspection and maintenance information for the HM controls must be included on the final HM plans.
f. Flood Zone D: The project site is not within a designated Federal Emergency Management Agency (FEMA) 100-year floodplain. Flood Zone D is an unstudied area where flood hazards are undetermined, but flooding is possible. There are no City floodplain requirements for Zone D.
g. Sewage Fees: In accordance with City Ordinance all storm sewer area fees, sanitary sewer connection fees, and sewage treatment plant connection fees, less previous credits, are due and payable prior to issuance of Public Works clearance. h. Parks: This residential project is subject to either the requirements of the City’s Park Impact Ordinance (Chapter 14.25 of Title 14 of the San José Municipal Code) or the Parkland Dedication Ordinance (Chapter 19.38 of Title 19 of the San José Municipal Code) for the dedication of land and/or payment of fees in-lieu of dedication of land for public park and/or recreational purposes under the “Formula for Dedication of Land” and/or “Schedule of Fees and Credits” contained within in the chapter.
i. Street Improvements:
i. Construct curb, gutter, and detached sidewalk along the Cambrianna Avenue.
ii. Construct a 26-foot wide City standard driveway cut for the transition for the transition from the public street to the private street. iii. Proposed driveway width to be 12 feet for a 1-car garage and 16 feet for a 2-car garage.
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iv. Permittee shall be responsible to remove and replace curb, gutter, and sidewalk damaged during construction of the proposed project. v. Dedication and improvement of the public streets shall be to the satisfaction of the Director of Public Works.
j. Sanitary: The project is required to submit plan and profile of the private sewer mains with lateral locations for final review and comment prior to construction. k. Electrical: Existing and proposed electroliers along the project frontage and proposed public streets will be evaluated at the public improvement stage and any street lighting requirements will be included on the public improvement plans. l. Private Streets:
i. Per Common Interest Development (CID) Ordinance, all common infrastructure improvements shall be designed and constructed in accordance with the current CID standards.
ii. The plan set includes details of private infrastructure improvements. The details are shown for information only. Final design shall require the approval of the Director of Public Works.
m. Easements: Any areas proposed for shared stormwater treatment facilities shall have an easement dedicated to the City as Covenant of Easement (COE) for future inspection rights.
n. Street Trees:
i. The locations of the street trees will be determined at the street improvement stage. Contact the City Arborist at
[email protected] or (408) 794-1901 for the designated street tree. Install street trees within public right-of-way along entire project street frontage per City standards; refer to the current “Guidelines for Planning, Design, and Construction of City Streetscape Projects”. Street trees shall be installed in the parkstrip. Obtain a DOT street tree planting permit for any proposed street tree plantings. Street trees shown on this permit are conceptual only.
ii. Show all existing trees by species and diameter that are to be retained or removed. Obtain a street tree removal permit for any street trees that are over 6 feet in height that are proposed to be removed.
iii. Street trees to be Zelkova serrata ‘Village Green’, spaced 35 feet on center.
37. Conformance to MMRP. This project shall conform to all applicable requirements of the Mitigation Monitoring and Reporting Program (MMRP) approved for this development by City Council Resolution No.______.
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during all phases of construction to control dust and exhaust at the project site:
a. Air Quality
i. Water active construction areas at least twice daily or as often as needed to control dust and emissions.
ii. All trucks hauling soil, sand, and other loose material shall be covered and all trucks shall maintain at least two feet of freeboard.
iii. Remove visible mud or dirt track-out onto adjacent public roads using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
iv. Enclose, cover, water twice daily or apply non-toxic soil binders to exposed stockpiles (dirt, sand, etc.).
v. Pave new or improved roadways, driveways, and sidewalks as soon as possible.
vi. Lay building pads as soon as possible after grading unless seeding or soil binders are used.
vii. Replant vegetation in disturbed areas as quickly as possible. viii. Install sandbags or other erosion control measures to prevent silt runoff to public roadways.
ix. Minimize idling times either by shutting off equipment when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations). Provide clear signage for construction workers at all access points.
x. Maintain and properly tune construction equipment in accordance with manufacturer’s specifications. Check all equipment by a certified mechanic and record a determination of running in proper condition prior to operation. xi. Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints.
b. Biological Resources
i. Tree Removal and Replacement. The trees removed by the project shall be replaced according to tree replacement ratios required by the City as provided in Table 3.4 2 below. Three non-native ordinance-size trees onsite would be removed. Three trees shall be replaced at a 4:1 ratio. The total number and size of replacement trees required to be planted is 12 trees, and each replacement tree shall be a minimum size of 15 gallons.
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Table Error! No text of specified style in document.-1: Tree Replacement Requirements Diameter of
Tree to be
Removed1
Type of Tree to be Removed2
Minimum Size of Each
Replacement Tree Native Non-Native Orchard
12.1 inches or
more3 5:1 4:1 3:1 15-gallon container
6.1 – 12.1
inches 3:1 2:1 None 15-gallon container
Less than 6.1
inches 1:1 1:1 None 15-gallon container
1 As measured 4.5 feet above ground level
2 x:x = tree replacement to tree loss ratio
3 Ordinance-sized trees
Notes: Trees greater than or equal to 12.1 inches in diameter 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 Tree Removal Permit is required for removal of trees of any size.
A 38-inch tree is 12.1 inches in diameter.
1 24-inch box tree = 2 15-gallon trees.
If there is insufficient area on the project site to accommodate the required replacement trees, one or more of the following measures shall be implemented, to the satisfaction of the Director of Planning, Building and Code Enforcement or Director’s designee. Changes to an approved landscape plan requires the issuance of a Permit Adjustment or Permit Amendment. 1) The size of a 15-gallon replacement may be increased to 24-inch box and count as two replacement trees to be planted on the project site, at the development permit stage.
2) Pay Off-Site Tree Replacement Fee(s) to the City, prior to the issuance of Public Works grading permit(s), in accordance with the City Council approved Fee Resolution. The City will use the following off-site tree replacement fee(s) to plant trees at alternative sites. ii. Santa Clara Valley Habitat Plan. The project is subject to applicable Habitat Plan conditions and fees (including the nitrogen deposition fee) prior to issuance of any grading permits. The permittee shall submit the Santa Clara Valley Habitat Plan Coverage Screening Form to the Director of Planning, Building, and Code Enforcement or Director’s designee for approval and payment of the nitrogen deposition fee prior to the issuance of grading permits.
The Habitat Plan and supporting materials can be viewed at https://scv- habitatagency.org/178/Santa-Clara-Valley-Habitat-Plan
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c. Cultural Resources. If any human remains are found during any field investigations, grading, or other construction activities, all provisions of California Health and Safety Code Sections 7054 and 7050.5 and Public Resources Code Sections 5097.9 through 5097.99, as amended per Assembly Bill 2641, shall be followed. If human remains are discovered during construction, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains. The permittee shall immediately notify the Director of Planning, Building and Code Enforcement (PBCE) or the Director’s designee and the qualified archaeologist, who shall then notify the Santa Clara County Coroner. The Coroner will make a determination as to whether the remains are Native American. If the remains are believed to be Native American, the Coroner will contact the NAHC within 24 hours. The NAHC will then designate a Most Likely Descendant (MLD). The MLD will inspect the remains and make a recommendation on the treatment of the remains and associated artifacts. If one of the following conditions occurs, the landowner or his authorized representative shall work with the Coroner to reinter the Native American human remains and associated grave goods with appropriate dignity in a location not subject to further subsurface disturbance:
i. The NAHC is unable to identify a MLD or the MLD failed to make a recommendation within 48 hours after being given access to the site. ii. The MLD identified fails to make a recommendation; or iii. The landowner or his authorized representative rejects the recommendation of the MLD, and the mediation by the NAHC fails to provide measures acceptable to the landowner.
d. Geology and Soils.
i. To avoid or minimize potential damage from seismic shaking, the project shall be constructed using standard engineering and seismic safety design techniques. Building design and construction at the site shall be completed in conformance with the recommendations of an approved geotechnical investigation. The report shall be reviewed and approved by the City of San José Department of Public Works as part of the building permit review and issuance process. The buildings shall meet the requirements of applicable Building and Fire Codes, as adopted or updated by the City. The project shall be designed to withstand soil hazards identified on the site and the project shall be designed to reduce the risk to life or property on site and off site to the extent feasible and in compliance with the Building Code.
ii. All excavation and grading work shall be scheduled in dry weather months or construction sites shall be weatherized.
iii. Stockpiles and excavated soils shall be covered with secured tarps or plastic sheeting.
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iv. Ditches shall be installed to divert runoff around excavations and graded areas if necessary.
v. The project shall be constructed in accordance with the standard engineering practices in the California Building Code, as adopted by the City of San José.
A grading permit from the San José Department of Public Works shall be obtained prior to the issuance of a Public Works clearance. These standard practices would ensure that the future building on the site is designed to properly account for soils-related hazards on the site. vi. Prior to issuance of any site-specific grading or building permits, a design-level geotechnical investigation shall be prepared and submitted to the City of San José Public Works Department for review and approval. The project shall implement the recommendations in the investigation to minimize impacts from expansive soils. Options to address these conditions may range from removal of the problematic soils and replacement, as needed, with properly conditioned and compacted fill, lime treat soils, and to design and construct improvements to withstand the forces exerted during the expected shrink-swell cycles and settlements.
vii. If vertebrate fossils are discovered during construction, all work on the site shall stop immediately, Director of Planning or Director’s designee of the Department of Planning, Building and Code Enforcement (PBCE) shall be notified, and a qualified professional paleontologist shall assess the nature and importance of the find and recommend appropriate treatment. Treatment may include, but is not limited to, preparation and recovery of fossil materials so that they can be housed in an appropriate museum or university collection and may also include preparation of a report for publication describing the finds. The permittee shall be responsible for implementing the recommendations of the qualified paleontologist. A report of all findings shall be submitted to the Director of Planning, Building and Code Enforcement or Director’s designee e. Hydrology and Water Quality. Measures shall be implemented to prevent stormwater pollution and minimize potential sedimentation during construction, including, but not limited to, the following:
i. Burlap bags filled with drain rock shall be installed around storm drains to route sediment and other debris away from the drains.
ii. Earthmoving or other dust-producing activities shall be suspended during periods of high winds.
iii. All exposed or disturbed soil surfaces shall be watered at least twice daily to control dust as necessary.
iv. Stockpiles of soil or other materials that can be blown by the wind shall be watered or covered.
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
v. All trucks hauling soil, sand, and other loose materials shall be covered and all trucks shall maintain at least two feet of freeboard.
vi. All paved access roads, parking areas, staging areas and residential streets adjacent to the construction sites shall be swept daily (with water sweepers). vii. Vegetation is disturbed areas shall be replanted as quickly as possible. viii. All unpaved entrances to the site shall be filled with rock to remove mud from truck tires prior to entering City streets. A tire wash system shall be installed if requested by the City.
ix. The permittee shall comply with the City of San José Grading Ordinance, including implementing erosion and dust control during site preparation and with the City of San José Zoning Ordinance requirements for keeping adjacent streets free of dirt and mud during construction.
f. Noise. Pursuant to General Plan Policy EC-1.7, project construction operations shall use best available noise suppression devices and techniques including, but not limited to the following:
i. Pile Driving is prohibited.
ii. Construct solid plywood fences around ground level construction sites adjacent to operational businesses, residences, or other noise-sensitive land uses if the project’s solid sound wall and good neighbor fence are not constructed first. iii. Equip all internal combustion engine-driven equipment with intake and exhaust mufflers that are in good conditions and appropriate for the equipment. iv. Prohibit unnecessary idling of internal combustion engines. v. Locate stationary noise-generating equipment such as air compressors or portable power generators as far as possible from sensitive receptors.
Construct temporary noise barriers to screen stationary noise-generating equipment when located neat adjoining sensitive land uses. vi. Utilize “quiet” air compressors and other stationary noise sources where technology exists.
vii. Control noise from construction workers’ radios to a point where they are not audible at existing residences bordering the project site. viii. Notify all adjacent businesses, residences, and other noise-sensitive land uses of the construction schedule, in writing, and provide a written schedule of “noisy” construction activities to adjacent land uses and nearby residences. ix. If complaints are received or excessive noise levels cannot be reduced using the measures above, erect a temporary noise control blanket barrier along surrounding building facades that face the construction sites. x. Designate a “disturbance coordinator” who would be responsible for NVF:JVP:JMD
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
responding to any complaints about construction noise. The disturbance coordinator will determine the cause of the noise complaint (e.g. bad muffler, etc.) and will require that reasonable measures be implemented to correct the problem. Conspicuously post a telephone number for the disturbance coordinator at the construction site and include it in the notice sent to neighbors regarding the construction schedule.
g. Interior Noise. The permittee shall prepare final design plans that incorporate building design and acoustical treatments to ensure compliance with State Building Codes and City noise standards. A project-specific acoustical analysis shall be prepared to ensure that the design incorporates controls to reduce interior noise levels to 45 dBA DNL or lower within the residential unit. The permittee shall conform with any special building construction techniques requested by the City’s Building Department, which may include sound-rated windows and doors, sound- rated wall constructions, and acoustical caulking.
39. Tribal Cultural Resources. The project shall hire a qualified representative of the Tamien Nation to conduct in-person tribal cultural sensitivity training for construction team members during the first day of ground disturbing activities; video trainings may not be substituted for in-person training. If ground-disturbing activities are conducted by new construction team members after the initial training was conducted, those new teams or workers shall require the training provided by the Tamien Nation, prior to commencement of ground disturbing activities on their first day at the site.
40. Revocation, Suspension, Modification. This Planned Development Permit may be revoked, suspended or modified by the City Council at any time regardless of who is the owner of the subject property or who has the right to possession thereof or who is using the same at such time, whenever, after a noticed hearing in accordance with Part 2, Chapter 20.100, Title 20 of the San José Municipal Code it finds:
a. A violation of any conditions of the Planned Development Permit was not abated, corrected or rectified within the time specified on the notice of violation; or b. A violation of any City ordinance or State law was not abated, corrected or rectified within the time specified on the notice of violation; or c. The use as presently conducted creates a nuisance.
In accordance with the findings set forth above, a permit to use the subject property for said purpose specified above is hereby approved.
EFFECTIVE DATE
The effective date of this Planned Development Permit shall be the same as effective date of the Rezoning Ordinance for File No. PDC21-011 passed for publication on NVF:JVP:JMD
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Item No.: 10.2(d)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
______, 2022 (the “Zoning Ordinance”) and shall be no earlier than the effective date of said Rezoning Ordinance.
ADOPTED this ___ day of ____, 2022, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
______________________________
SAM LICCARDO
Mayor
ATTEST:
____________________________
TONI J. TABER, CMC
City Clerk
NOTICE TO PARTIES
The time within which judicial review must be sought to review this decision is governed by the provisions of the California Code of Civil Procedure Section 1094.6.
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MARCH 11, 2021 JOB NO. 20-139
EXHIBIT “A”
LEGAL DESCRIPTION
PARCEL 1 - RESIDENTIAL PARCEL
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF SAN JOSE,
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS:
BEING A PORTION OF LOT 57 AS SHOWN ON THAT CERTAIN MAP ENTITLED “MAP OF THE SUBDIVISION OF THE WARE TRACT” FILED FOR RECORD FEBRUARY 10, 1888 IN BOOK C OF MAPS, PAGE 45 OF SAID SANTA CLARA COUNTY. HEREIN COLLECTIVELY REFERRED TO AS THE “PARCEL 1 - RESIDENTIAL PARCEL” AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING FROM THE NORTHWESTERLY CORNER OF SAID LOT 57 AND
ALSO BEING A POINT ON THE CENTERLINE OF UNION AVENUE (PUBLIC STREET) SHOWN ON THAT CERTAIN SUBDIVISION MAP ENTITLED “TRACT 1394 – CAMBRIAN PARK ESTATES UNIT NO. 3” FILED FOR RECORD MAY 17, 1955 IN BOOK 57 OF MAPS, PAGES 26-27;
THENCE DEPARTING FROM SAID NORTHWESTERLY CORNER AND HEADING EASTERLY ALONG THE NORTHERLY BOUNDARY OF SAID LOT 57, SOUTH 89° 56’ 47” EAST, A DISTANCE OF 627.52 FEET TO THETRUE POINT OF BEGINNING;
THENCE CONTINUING EASTERLY ALONG SAID NORTHERLY BOUNDARY, SOUTH 89° 56’ 47” EAST, A DISTANCE OF 256.26 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 57;
THENCE HEADING SOUTHERLY FROM SAID NORTHEASTERLY CORNER ALONG THE EASTERLY BOUNDARY OF SAID LOT 57, SOUTH 00° 24’ 30” EAST, A DISTANCE OF 493.17 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 57 AND BEING A POINT ON THE NORTHERLY BOUNDARY OF
CAMBRIANNA DRIVE (PUBLIC STREET). SAID PUBLIC STREET ALSO BEING SHOWN ON SAID SUBDIVISION MAP;
THENCE HEADING WESTERLY ALONG SAID NORTHERLY BOUNDARY,
NORTH 89° 57’ 03” WEST, A DISTANCE OF 255.33 FEET;
THENCE, DEPARTING FROM SAID NORTHERLY BOUNDARY, NORTH 00° 24’ 30” WEST, A DISTANCE OF 171.13 FEET;
EXHIBIT "A" (File Nos. PDC21-011; PD21-012; PT21-034)
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THENCE, NORTH 89° 35’ 30” EAST, A DISTANCE OF 12.74 FEET; THENCE, NORTH 00° 24’ 30” WEST, A DISTANCE OF 166.00 FEET; THENCE, SOUTH 89° 35’ 30” WEST, A DISTANCE OF 13.67 FEET; THENCE, NORTH 00° 24’ 30” WEST, A DISTANCE OF 156.07 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 123,950 SQUARE FEET (2.846 ACRES) OF LAND, MORE
OR LESS
BASIS OF BEARINGS: THE BEARING NORTH 00°25'00" WEST ON THE
CENTERLINE OF UNION AVENUE BETWEEN TWO FOUND MONUMENTS, AS SHOWN ON THAT CERTAIN PARCEL MAP, RECORDED IN BOOK 554 OF MAPS AT PAGES 12-13 AND THAT CERTAIN RECORD OF SURVEY FILED FOR RECORD IN BOOK 761 OF MAPS AT PAGE 55, SANTA CLARA COUNTY RECORDS, WAS USED AS THE BASIS OF ALL BEARINGS SHOWN.
A PLAT ENTITLED “EXHIBIT B” IS ATTACHED HERETO AND MADE A PART HEREOF.
THIS DESCRIPTION AND THE ACCOMPANYING PLAT WERE PREPARED BY ME OR PREPARED UNDER MY DIRECTION.
___________________________ ________________
ANDREW TURNER DATE
P.L.S. 9104
CIVIL ENGINEERING ASSOCIATES, INC.
03/11/2021
EXHIBIT "A" (File Nos. PDC21-011; PD21-012; PT21-034)
DETAIL A
EXHIBIT "B" PARCEL 1 - RESIDENTIAL PARCEL
PLAT TO ACCOMPANY LEGAL DESCRIPTION
BASIS OF BEARINGS
LEGEND REFERENCES SURVEYOR'S STATEMENT
Civil
Engineering
Associates
• •
03/11/2021
EXHIBIT "B" (File Nos. PDC21-011; PD21-012; PT21-034)
EXHIBIT "B" PARCEL 1 - RESIDENTIAL PARCEL
PLAT TO ACCOMPANY LEGAL DESCRIPTION
Civil
Engineering
Associates
• •
LEGEND
EXHIBIT "B" (File Nos. PDC21-011; PD21-012; PT21-034)