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Council Agenda: 11-29-2022
Item No.: 10.2(c)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Additonal Condition of Approval added and administrative changes made since original posting on 11/18/2022.
RESOLUTION NO.____
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN JOSE APPROVING, SUBJ ECT TO CONDITIONS, A
VESTING TENTATIVE MAP, TO RECONFIGURE FOUR
PARCELS INTO TWO PARCELS AND TO ALLOW UP TO 10
COMMERCIAL CONDOMINIUM S AND UP TO 415
RESIDENTIAL CONDOMINIUMS ON AN APPROXIMATELY
2.10-GROSS ACRE SITE, FO R THE DEVELOPMENT OF A
MIXED-USE PROJECT INCLUDING THE CONSTRUCTION
OF TWO BUILDINGS WITH UP TO 415 MULTIFAMILY
RESIDENTIAL UNITS, 525,000 SQUARE FEET OF
COMMERCIAL SPACE, AND 8,500 SQUARE FEET OF
RETAIL SPACE, LOCATED ON THE NORTHWEST CORNER
OF EAST SANTA CLARA STREET AND NORTH 4TH
STREET (147 EAST SANTA CLARA STREET, 49-95 NORTH
4TH STREET AND 128 EAST ST. JOHN STREET) (APN: 467-
20-079, -081, -060 & -080)
FILE NO. T21-033
WHEREAS, pursuant to the provisi ons of Chapter 19.12 of Ti tle 19 of the San José Municipal Code, on July 23, 2021, a concurrent application (File No. T21-033) was filed by the applicant, Paul Ring on behalf of property owners, Tamara Current, Sara McVey, and Erik Hayden, with the City of San José fo r a Vesting Tentative Map to reconfigure four parcels into two parcels and to allow up to 10 commercial condominiums and up to 415 residential condominiums on an approximat ely 2.10-gross acre site, and for the development of a mixed-use project includin g the construction of two buildings with up to 415 multifamily residential units, 525,000 square feet of commercial space, and 8,500 square feet of retail space, on that certain real property situated in the DC Downtown Primary Commercial Zoning District and located on the west side of North 4th Street between East Santa Clara Street to the south and East St. John Street to the north (147 East Santa Clara Street, 49-95 North 4th Street and 128 East St. John Street, San José, which real property is sometimes referred to herein as the “subject property”); and
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Item No.: 10.2(c)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Additonal Condition of Approval added and administrative changes made since original posting on 11/18/2022.
WHEREAS, the subject property is all that real property more particularly described in Exhibit "A" entitled “Legal Description”, 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 wit h Chapter 20.100 of Title 20 of the San José Municipal Code, the Planning Commission conducted a Public Hearing on said concurrent applications on October 26, 2022, notice of which was duly given; and
WHEREAS, at said hearing, the Planning Commi ssion gave all persons full opportunity to be heard and to present evidence and testimony respecting said matter; and
WHEREAS, at said hearing, the Planning Co mmission 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 Counc il 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 re ceived and considered the reports and recommendation 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, “Vesting Tentative Map N Fourth Street”, dated March 18, 2022, said NVF:MJV:JMD
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Additonal Condition of Approval added and administrative changes made since original posting on 11/18/2022.
plan is on file in the Depar tment of Planning, Building and Code Enforcement 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 fu rther 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 JOSE 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 subject 2.10-gross acre site comprised of four contiguous lots. The site is bounded by East Santa Clara Street and commercial retail uses to the south, the ne wly constructed Miro Towers and Donner Lofts multifamily residential projects across North 4th Street to the east, commercial retail across East St. John Street to the north, and a mix of commercial and residential uses to the west. The site has a General Plan land use designation of Downtown and is located within the DC Downtown Primary Commercial Zoning District.
The buildings located on the project site include (from north to south) three one-story industrial/ commercial buildi ngs at the intersection of East St. John and North 4th streets (128 East St. John Street (constructed 1922), 77 North 4th Street (constructed 1927), and 95 North 4th Street (constructed 1948), the fo rmer First Presbyterian Church building on North 4th Street (49 North 4th Street ), the surface parking lot serving the adjacent Town Park Towers building (60 North 3rd Street), and a Chevron gas station and auto-repair shop at the intersection of North 4th Street and East Santa Clara Street (147 East Sant a Clara Street). The thr ee buildings located at the southwest corner of East St. John Street and North 4th Street are located within the St. James Square City Landmark District. All buildings include surface parking, trees and landscaping. All existing structures onsite are proposed to be demolished (totaling 22,527 square feet).
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Item No.: 10.2(c)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Additonal Condition of Approval added and administrative changes made since original posting on 11/18/2022.
2. Project Description. The project consists of the concurrent application (File No. T21- 033) for a Vesting Tentative Map to reconfigure four parcels into two parcels and allow up 10 commercial condominiums and up to 415 residential condominiums on an approximately 2.10-gross acre site, and fo r the concurrent Special Use Permit application (File No. SP21-031) for the development of a mixed-use project including the construction of two buildings with up to 415 multifamily residential units, 525,000 square feet of commercial space, and 8,500 square feet of retail space on that certain real property situated in t he DC Downtown Primary Commercial Zoning District and located on the project site. The 24-story office building (Icon) would be located on the southern portion of the site, with frontage along East Santa Clara Street and North 4th Street. The office building includes approximately 525,000 square feet of office space and up to 8,500 square feet of ground floor retail space along East Santa Clara Street.
The office building would have a maximum height of 282 feet.
The 27-story residential tower (Echo) would be located on the northern portion of the site, with frontage along East St. John Str eet and North 4th Street. The residential tower would include 415 multifamily resid ential units, ground floor lobby/amenity space, leasing space, as well as additional amenity space on the upper levels. The maximum height of the residential building would be 267 feet. The two buildings would be connected by structured parking, with one level of subterranean parking and eight levels of above ground parking . There would be four leve ls of parking below the residential tower and eight levels of parking below the office tower. The garage would be accessible from a 27-foot-wide two-way driveway along North 4th Street. Parking would be shared between the residential towe r and office tower. A total of 1,255 parking spaces would be provided ( accomplished within 992 dedicated, spaces that include 263 shared parking spaces) with the implementation of an approximately 18% parking reduction and utilization of an al ternating use parking arrangement, as permitted by Sections 20.70.100 and 20.90.200 of the Zoning Code. 893 897 spaces would be dedicated for office, 69 spaces would be dedicated for residential, and 30 26 spaces would be dedicated exclusively fo r use by residents and visitors of the adjacent Town Park Towers buildin g at 60 North 3rd Street. Of the 893 897 parking spaces for the office use, 263 of those spaces would also be allocated for a shared parking arrangement with the residential tower. Office users would be able to park in any office space during the day, but the shared parking spaces would be designated by signage, and enforced by security personnel, with parking hours limited to between 8:00 am and 6:00 pm. Reside ntial parking would be unbundled, meaning residents would be required to lease a parking space.
To facilitate the construction of the project, a Vesting Tentative Map is included to allow the reconfiguration of the four existing parcels into two parcels. The two parcels would be further subdivided into up to 415 residential condominiums and 10 commercial condominiums.
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Additonal Condition of Approval added and administrative changes made since original posting on 11/18/2022.
1. General Plan Conformance. Within the Downtown designation, the project is located within the Downtown Employment Priori ty Area Overlay (EPA Overlay). The EPA Overlay designation is applied to a portion of Downtown sites planned for intensive job growth because of the area’s proximity and good access to the future Downtown BART station. The EPA Overlay is genera lly applied to sites located within approximately one block (walking distance) of the planned Downtown BART station on East Santa Clara Street as shown on the Land Use/ Transportation Diagram. The overlay boundary is intended to respect property lines and not split parcels. Due to proximity to the future BART station, t he EPA Overlay supports development at very high intensities, where such high intensity is not incompatible with other policies within the General Plan, such as Historic Pres ervation policies. The EPA Overlay does not change the uses or densities otherwise allowed within the base “Downtown” land use designation. The EPA Overlay, however, requires a minimum Floor Area Ratio (FAR) of 4.0 for commercial (job generating) uses, in cluding office, retail, service, hotel or entertainment uses, prior to allowing residential uses, as supported by the “Downtown” General Plan Land Use/ Transportation Diagram designation. Typically, the base land use designation will be “Downtown” with an allowed FAR of up to 15.0 (3 to 30 stories) and density of up to 800 DU/AC. The Downtown Employment Priority Area allows for a maximum residential density of 800 DU/AC and a residential/commercial mixed use FAR between 4.0 to 30.0.
Analysis: The project requires a minimum commercial FAR of 4.0 and a maximum FAR of 30.0 in a mixed use residential/commerc ial format. The commercial FAR of the project is be approximately 5.80. The combined, mixed use FAR is approximately
15.13. The residential density is be approx imately 198 Dwelling Units per Acre (DU/AC). Therefore, the project conforms with the required Floor to Area Ratio (FAR) and allowable residential density of the site.
3. Zoning Ordinance Consistency
Land Use
The subject site is located in the DC Do wntown Primary Commercial Zoning District.
Pursuant to Section 20.70.100, Table 20- 140 of the Zoning Ordinance, office, multifamily residential, retail, and shared parking/alternative parking arrangements are all permitted uses in the DC Zoning Distric t. Therefore, this staff report includes findings for a Site Development Permit, pursuant to Section 20.100.630 below.
The project also includes up to 10 commercial condominiums. Therefore, pursuant to Section 20.175.040 of the Zoning Code, a Spec ial Use Permit is required. This staff report also includes findings for a Special Use Permit pursuant to Section 20.100.820 of the Zoning Code below. The minimum allowed size for a commercial condominium is 750 square feet. The project would allow the creation of 10 commercial condominiums of varying sizes, none of which would be less than 750 square feet.
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Additonal Condition of Approval added and administrative changes made since original posting on 11/18/2022.
Height
Pursuant to Section 20.70.200 of the Zoning Code, properties located in the downtown zoning districts shall only be subject to th e height limitations, to the top of roof, necessary for the safe operation of San José International Airport. As shown in the table below, the project would conform with the allowable height limits as governed by the Federal Aviation Administration (FAA). The maximum allowed height, excluding parapet, mechanical equipment, elevator overruns, and similar architectural features is 265 feet.
Maximum Height Office (Icon) Residential (Echo)
Allowed 265 feet 265 feet
Project 263 feet 265 feet
Analysis: The project is consistent with the height limits established by the FAA for the project site. The height of both buildings is measured to the top of roof. Any rooftop projections (mechanical equipment, elevat or overruns, stairwells) may exceed the rooftop height up to the limits allowed by the FAA.
Setbacks
Pursuant to Section 20.70. 210 of the Zoning Code, pr operties located in the DC Downtown Primary Commercial Zoning District are not subject to any minimum setback requirements.
Analysis: The buildings would be constructe d at the property line with no setback and is consistent with the setback requirements of the DC Zoning District.
Parking
Use Number of
Units/Square
Footage
Ratio Required
Residential,
multiple dwelling
415 units 1 per unit 415 spaces
Office, business 525,000 sf 2.5 per 1,000 sf 1,116
Retail 8,500 sf No parking
Required
0 Total Required 1,531
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REVISED – Additonal Condition of Approval added and administrative changes made since original posting on 11/18/2022.
Total Provided 1,255
Reduction Requested 18%
Pursuant to Table, 20-140 of Section 20.70.100 of Zoning Code, the project is required to provide 1,531 vehicle parki ng spaces. However, Secti on 20.90.220 of the Zoning Code authorizes a parking reduction of up to 20% of the required parking spaces for sites within a Growth Area wit hout the implementation of a Transportation Demand Management (TDM) Plan if the project prov ides the code required number of bicycle spaces. The subject site is located in Downtown, a growth area, and provides the required number of bicycle parking spaces. Ther efore, the project is eligible for this reduction. Additionally, alternative and alternating use parking arrangements are permitted by right in the DC Downtown Primary Commercial Zoning District, pursuant to Section 20.70.100 of the Zoning Code.
Analysis: A total of 893 897 spaces would be dedicated for office, 69 spaces would be dedicated for residential, and 26 spaces w ould be dedicated exclusively for use by residents and visitors of the adjacent Town Park Towers building at 60 North 3rd Street.
Of the 893 897 office parking spaces, 263 of those spaces would be allocated for a shared parking arrangement with the residential tower. Individuals going to the office would be able to park in any office spac e during the day, but the shared parking spaces would be designated by signage, and enforced by security personnel, with parking hours limited to between 8:00 am and 6:00 pm. Residential parking would be unbundled, meaning residents would be required to lease a parking space. See the findings for an Alternative and Alternatin g use parking arrangement in the Permit Findings section below.
Bicycle Parking
Use Number of
Units/Square
Footage
Ratio Required
Residential,
multiple dwelling
415 units 1 per 4 living
units
104 spaces
Office, business 525,000 sf 1 per 4,000 sf of
floor area
112 spaces
Retail 8,500 sf 3 parking spaces 3 spaces
Total Required 219 spaces
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REVISED – Additonal Condition of Approval added and administrative changes made since original posting on 11/18/2022.
Total Provided 241
Additionally, pursuant to Section 20. 70.485 and Table 20-190 (see table above), the project is required to provide a total of 219 bicycle parking spaces. The project would provide 241 bicycle parking spaces. Bicycle parking would be provided in two secure bicycle storage rooms. The bicycle storage r ooms would be provid ed on the ground floor of the residential and office buildings respectively.
4. Environmental Review.
The City of San José, as the lead agency for the project, prepared a Draft Supplemental Environmental Impact Repor t (Draft SEIR) to the Do wntown Strategy 2040 Environmental Impact Report (Resolution No. 78942). The Notice of Preparation (NOP) was circulated from September 29, 2021 to October 29, 2021, and the Draft SEIR was circulated for public review and comment from June 17, 2022 to August 1, 2022.
Summary of Environmental Impacts Reduced to Less than Significant with Mitigation The Draft SEIR identified poten tial environmental impacts related to cumulative construction air quality, biological resour ces, nesting migratory birds, previously undocumented historic-era and Native American archaeological resources, exposure to hazards and hazardous materials due to potential contamination associated with historical use of the site, and constructi on-related noise and vibration, and tribal cultural resources. With implementation of the mitigation measures specified in the MMRP prepared for the project, these impact s are reduced to less than significant levels. As part of the cert ification of the Final SEIR, the City Council will need to approve the associated MMRP for the project.
Summary of Environmental Impacts Determined to be Significant and Unavoidable The Draft SEIR found that t he project would result in a significant and unavoidable impacts to Cultural Resources due to the proposed Northern Tower’s lack of compatibility with the St. Ja mes Square City Landmark Distric t in terms of features, size, scale, proportion, and massing (Secretary of Interior Standards, Standard 9) and because the proposed Northern Tower does not conform with the Site Layout/Setbacks, Surface Treatment (fenes tration and detailing), Detailing, and Landscaping guidelines of the St. James S quare Historic District Design Guidelines.
As a result, the proposed Northern Towe r would impact the design, feeling, and association of the St. James Square Cit y Landmark District and impair the overall historic integrity of the district by introducing incompatible infill.
Significant and unavoidable im pacts were also identif ied for Land Use and Planning in the Draft SEIR because the proposed Northern Tower would not comply with NVF:MJV:JMD
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REVISED – Additonal Condition of Approval added and administrative changes made since original posting on 11/18/2022.
General Plan Policies LU-13.1, LU-13.7, and LU-13.8, wh ich were adopted for the purpose of avoiding or mitigating impacts to historic resources and significant, unavoidable shade and shadow impact on St. James Park.
In compliance with CEQA Guidelines Se ction 15093, a Statem ent of Overriding Considerations must be adopted with findings that the specific economic, legal, social, technological, or other benefit s, including region-wide or statewide environmental benefits, of a proposed project outwei gh the unavoidable adverse environmental effects if an environmentally superior alte rnative is not chosen. The Statement of Overriding Consideration found that the economic and social benefits of the project, as listed in the associated CEQA Resoluti on, outweigh its significant environmental impacts.
Project Alternatives
The Draft SEIR analyzed six project alter natives, including a No Project – No Development Alternative and Location Alternative, which was considered but rejected, and four design alternatives: (1) Reduced Height of Northern and Southern Towers Alternative, (2) Reduced Height of Norther n Tower to 70 Feet and 20 Foot Setback Alternative, (3) Reduced Height of No rthern Tower to 160 Feet and 135 Feet Alternative, and (4) 20-Foot Setback of No rthern Tower Alternative. The four design alternatives were crafted based on their ability to reduce the impacts summarized above and to identify an environ mentally superior proposal. The analysis of the four design alternatives in the Dr aft SEIR includes discussion of the potential impacts of alternative height and massing for the purpose of decision-making.
Beyond the No Project – No Development Alternative, the Reduced Height of Northern Tower to 70 Feet and 20-foot Setback Al ternative would be the environmentally superior alternative because setback, size , scale, proportion, and massing of this alternative would be compat ible with the St. James Sq uare City Landmark District, and features such as fenestration and arch itecture features could be refined to achieve maximum conformance with the St andards and Guidelines. The significant reduction in height and significant increase in setback would avoid the significant impact of the proposed Northern Towner to the St. James Square City Landmark District. While the reduction in height fo r the Northern Tower (under the Reduced Height of Northern Tower to 70 Feet and 20-foot Setba ck Alternative) would help reduce the shade and shadow impact to St. James Park, the Southern Tower would still be 268 feet tall and would continue to exceed the 10 percent threshold for shade and shadow.
Summary of Comments Received
The City received six written comment lett ers during the public circulation period.
Comments were submitted by six agencies and organizations, which were the Valley NVF:MJV:JMD
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Additonal Condition of Approval added and administrative changes made since original posting on 11/18/2022.
Water; Bay Area Air Quality Management Dis trict (BAAQMD); Santa Clara Valley Transportation Authority (VTA); Kanyon Sa yers-Roods of Kanyon Konsulting, LLC; Preservation Action Council of San Jose (PACSJ), and Adams Broadwell Joseph & Cardozo. The main concerns raised by commenters are as follows:
Impacts to the St. Jame s Square City Landmark District Cumulative impacts to City historic resources
Cumulative construction air quality impacts
Construction noise impacts
Concurrent construction of Downtown projects and related coordination Necessity of Native American and arc haeological monitors during construct activities
Conformance with the City’s Greenhouse Gas Reduction Strategy On-site contamination a ssociated with historic uses of the project site Questions on baselines conditions for analysis, trip generation estimates, and assumptions for air quality analysis
None of the comments received addressed an issue of adequacy of the Draft SEIR and no new mitigation measures are required. SEIR text revi sions were included in the First Amendment to address clarifications to the text of the Draft SEIR, the applicant’s commitment to enroll in San José Clean Energy’s TotalGreen program (100% renewable energy), and other suggested text revisions from commenters.
Additionally, the City res ponded to all comments received on the Draft SEIR and incorporated them into the First Amendment to the Draft SEIR. The First Amendment, taken together with the Draft SEIR, and t he Mitigation Monitoring and Reporting Program (MMRP) constitutes the Final SEIR. The Draft SEIR and First Amendment to the Draft SEIR (Final SEIR) are availa ble for review on the project page on the City’s Active EIR website at: https://www.sanjoseca.gov/your- government/departments-offices/planning-building-code-enforcement/planning- division/environmental-planning/environmental-review/active-eirs/icon-echo-mixed- use-project/-fsiteid-1#!/.
EIR Recirculation Unnecessary
The comments received do not identify substantive inadequacies in the Draft SEIR or new previously unidentified significant impacts that require recirculation. The recirculation of an EIR is required when si gnificant new information is added to the EIR after public notice is given of the availability of the Draft EIR for public review but before certification. “Information” can include changes in the project or environmental NVF:MJV:JMD
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REVISED – Additonal Condition of Approval added and administrative changes made since original posting on 11/18/2022.
setting as well as additional data or other information. New information added to a Draft EIR is not “significant” unless the Draft EIR is changed in a way that deprives the public of meaningful opportunity to comment on a substantial adverse environmental effect of the project or a feasible way to mitigate or avoid such an effect (CEQA Guidelines Section 15088.5).
In accordance with CEQA Guidelines Section 15088, the First Amendment to the Draft SEIR for the project includes written res ponses to all comments received during the public review period for the Draft SEIR. As required by Section 15132 of the CEQA Guidelines, the responses in the Fi rst Amendment to the Draft SEIR address significant environmental points and comment s on the content and adequacy of the SEIR. The responses and comments provi de clarification and refinement of information presented in the Draft SEIR and, in some cases, correct or update information in the Draft SEIR. No signi ficant new information has been added to the SEIR since publication of the Dr aft SEIR; therefore, recirculation of the Draft SEIR is not required.
5. City Council Policy 6-30: Public Outreach Policy for Pending Land Use Development Proposals
Staff followed Council Policy 6-30: Public Outreach Policy in order to inform the public of the proposed project. A notice of the pub lic 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. On-site signs were posted on the project frontages. The staff report is also posted on the Cit y’s website. Staff has also been available to respond to questions from the public.
In accordance with Chapter 13.48 of the Municipal Code, the project was heard at the October 5, 2021 Historic Landmarks Commissi on meeting under the “Early Referral Policy”. A formally noticed Community Meeting with the Environmental Scoping was held on Thursday, October 21, 2021 to in troduce the proposed project to the community. Approximately 22 members of the public attended the meeting. The questions and comments from community members included concerns related to the use of union labor, building height, questions regarding the Historic Landmarks Commission’s role in reviewing the proj ect, and demolition of potentially historic resources within the St. James Square Cit y Landmark District. Additionally, staff received eight letters in support of the project.
6. Vesting Tentative Map Findings: In accordance with Section 66474 of the Government Code of the State of California, the City Council of 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.
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Additonal Condition of Approval added and administrative changes made since original posting on 11/18/2022.
1. That the proposed map is not consis tent with applicable General and Specific Plans as specified in Section 65451.
2. That the design or improv ement 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 suitab le for the proposed density of development.
5. That the design of the subdivision or the proposed improv ements 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.
7. That the design of the subdivision or the type of im provements 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 reconfi guration of four parcels into two parcels, none of the above findings can be made for the denial of the subdivision. As discussed above, the project is consis tent with the General Plan go als, policies, and land use designation. The project site is physically suitable for the proposed buildings and the proposed residential density consistent with the allowable density and FAR of the Downtown land use designation. The office , retail and multifamily residential uses proposed are all permitted uses of the DC Downtown Primary Commercial Zoning District. The subject site is located within the urban core of Downtown in an already developed area. Therefore, the project and associated improvements would not cause environmental damage or substantially injure fish or wildlife or their habitat. The map provides the necessary easements for acce ss for Emergency Vehicles, utilities, and drainage.
8. Subdivision Ordinance Findings. In accordance with San José Municipal Code Section 19.12.130, the Director may approve the Tentative Map if the City Council cannot make any of the findings for deni al in Government Code section 66474 and the City Council has reviewed and considered the information relating to compliance of the project with the California Envi ronmental Quality Act and determines the environmental review to be adequate. Additionally, the City Council may approve the project if the City Council does not make any of the findings for denial in San José Municipal Code Section 19.12. 220. Section 19.12.130 incor porates the findings for denial in Section 66474 of the Government Code specified in Findings Section 1 herein.
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REVISED – Additonal Condition of Approval added and administrative changes made since original posting on 11/18/2022.
Analysis: As described above, based on review of the proposed subdivision, the map and the development’s design ar e consistent with the San José Envision 2040 General Plan designation of Downtown an d the DC Downtown Primary Commercial Zoning District, as discusse d above. The site is physically suitable for the development in that the project’s densit y and FAR are in conformance with the Downtown land use designation. The site is not located within a designated Federal Emergency Management Agency (F EMA) 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 subdivision and subsequent improvements would not cause serious public health problems.
In accordance with the findings set forth above, a Vesting Tentative Map to use the subject property for said purpose specified above a nd 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 Vesting Tentative Map 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 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 Vest ing Tentative Map. Per Section 19.12.230, should the Subdivider fail to file a timely and valid appeal of this Vesting Tentative Map within the applicable appeal period, such inaction by the Subdivider shall be deemed to constitute all of the following on behalf of the Subdivider:
a. Acceptance of the Vesting T entative Map by the Subdivider; and b. Agreement by the Subdivi der to be bound by, to comply with, and to do all things required of or by the Subdivider pursuant to all of the terms, provisions, and conditions of this Permit or other approval and the provisions of Title 19 of the San José Municipal Code applicable to such Vesting Tentative Map.
2. Expiration of Vesting Tentative Map. This Vesting Tentative Map shall automatically expire 30 months from and after the date of issuance hereof by the City Council of the City of San José, if within such time period, a Final Map has not been obtained, pursuant to and in accordance with the provisions of this Vesting Tentative Map. The date of issuance is the date this Vesti ng Tentative Map is approved by the City Council. However, the Director of Plannin g, Building, and Code Enforcement may approve a Vesting Tentative M ap Extension to extend the validity of this Vesting Tentative Map in accordance with Title 19.
3. Development Rights - Vesting on Approval of Vesting Tentative Map. a. Per San José Municipal Code Section 19.13.070, the approval or conditional NVF:MJV:JMD
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approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in Government Code Section 66474.2. However, if Section 66474.2 of the Government Code is repealed, the approval or conditi onal approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved. b. Notwithstanding s ubsection 3.a., abov e, any permit, incl uding a building permit, approval, extension, or entitlement may be made conditional or denied if any of the following are determined:
i. A failure to do so would place the resi dents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both. ii. The condition or denial is required, in order to comply with state or federal law. c. The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section 19.13.060. If the final map is approved, these rights shall last for the following periods of time:
i. An initial time period of one year. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this one- year initial time period shall begin for each phase when the final map for that phase is recorded. All of said final maps or lot maps must be recorded within the time period set forth in Section 19.13.060 or the vesting tentative map approval shall expire for those lots for which final maps or lot maps are not timely recorded. ii. The initial time period se t forth in 3.c.i. shall be au tomatically extended by any time used for processing a complete app lication for a grading permit if such processing exceeds thirty days from the date a complete application is filed. iii. A Subdivider may apply to the director for a one-year extension at any time before the initial time period set fo rth in 3.c.i expires. If th e extension is denied, the subdivider may appeal that denial to the city council within fifteen (15) days. iv. If the Subdivider submits a complete application for a building permit during the periods of time specified in 3.c.i. through 3.c.iii., abov e, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit
4. Conformance to Plans. The development of the site and all associated development and improvements shall conf orm to the approved Tentat ive Map plans entitled, “Vesting Tentative Map N Fourth Street”, dated March 18, 2022, on file with the Department of Planning, Building and Code Enforcement, as may be amended and approved by the Director of Planning, Buil ding, and Code Enforcement, and to the NVF:MJV:JMD
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San José Building Code (San José Municipal Code, Title 24). The plans are referred to herein as the “approved plans” or the “Approved Plan Set”.
5. Conformance with Other Permits. The subject Vesting Tent ative Map conforms to and complies in all respects with the Special Use Permit (File No. SP21-031) on which such Vesting Tentative Map is based. Appr oval of said Vesting Tentative Map shall automatically expire with respect to any portion of the lands covered by such Vesting Tentative Map on which a Final Map or Tract Map has not yet been recorded if, prior to recordation of a Final Map or Tract M ap thereon, the Special Use Permit for such lands automatically expires or for any reason ceases to be operative.
6. Compliance with Subdivision Ordinance. The final map shall comply with all of the requirements for final maps in Chapter 19. 16 of the San José Municipal Code and shall show and contain all of the data required by San Jo sé Municipal Code Section
19.16.110.
7. Extended Construction Hours. Weekend construction hours, including staging of vehicles, equipment and construction materials, shall be limited to Saturdays between the hours of 7:00 a.m. and 7:00 p.m.
a. Permitted work activities include activities such as framing, roofing, siding, stucco, home interior work and landscaping. Exterior generators, water pumps, compressors, idling trucks, rough grading, demolition, and roadway construction that include heavy and noisy equipment are not permitted. 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. b. Up to five 24-hour concrete pours per year are allowed ov er the course of construction, on any day of the year.
8. Improvements. Pursuant to the Subdivision Agr eement (hereinafter referred to as "Agreement"), the Subdivider shall, before approval and recording of the Final Map, improve or agree to improve all land within the subdivision and all land outside, but appurtenant to, the Subdivision shown on the Vesting Tentat ive Map for public or private streets, alleys, pedestrian ways a nd easements to the satisfaction of the Director of Public Works.
9. Improvement Contract. In the event Subdivider has not completed the improvements required for the subdivision at the time the final map is presented for approval, Subdivider shall enter into a subdivision improvement agreement with the City of San José, in accordance with Se ction 19.32.130 of the San José Municipal Code, and provide the improvement security and insurance required therein.
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10. Public Use Easements. Subdivider shall dedicate on the final map for public use easements for public utilities, emergency access, open space, streets, pedestrian ways, sanitary sewers, drainage, flood control channels, water systems, and parking in and upon all areas within t he subdivision shown on the Vesting Tentative Map for the subdivision to be devoted to such purposes.
11. Conveyance of Easements. Subdivider shall convey or cause to be conveyed to the City of San José, easements in and upon all areas as shown on the Vesting Tentative Map outside the boundaries of, but appurtenant to, the subdivision. Should a separate instrument be required for the conveyance of the easement(s), it shall be recorded prior to the recordation of the Final Map. Such easements so conveyed shall be shown on the Final Map, together with referenc e to the Book and Page in the Official Recorder of Santa Clara County, where each instrument conveying such easements is recorded.
12. Commercial Common Interest Development.
a. Prior to Condominium Plan Approval, th e Subdivider, at its sole cost, shall prepare, submit for prior review and approval by the city, and record concurrently with the applicable parcel or final map, governing documents for the common interest development that include sufficient provisio ns for governance, funding and capitalization, and enfo rcement mechanisms, includ ing enforcement by the city, to insure that the common area continues to be adequately and safely maintained and repaired for the life of the common interest development and that such common area shall be retained for the use of all owners within the development. Prior to approv al of the parcel or final map by the city, the Subdivider shall submit the proposed governing documents to the city for review for compliance with the requirements of this chapter.
b. The Subdivider shall, at its sole cos t, prepare grant deeds for all mutual or reciprocal easement rights, which shall be reviewed by the city for compliance with the terms of this chapt er and the requirements of Title 19 of this Code, and shall upon city approval be recorded concurrently with the approved parcel or final map.
c. All commercial condominiums shal l be a minimum of 750 square feet. d. Any other condition imposed by the dire ctor, the planning co mmission or city council to accomplish the purposes of this chapter or for the preservation of public health, safety or welfare.
13. Sewage Treatment Demand. Pursuant to Chapter 15.12 of Title 15 of the San José Municipal Code, acceptance of this Vesting Tentative Map by Subdivider shall constitute acknowledgement of receipt of notice by Subdivider that (1) no vested right to a Building Permit shall accrue as the re sult of the granting of this Permit when and if the City NVF:MJV:JMD
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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) substantiv e 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 aggreg ate 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.
14. Conformance with Municipal Code. No part of this approval shall be construed to permit a violation of any part of the San José Municipal Code.
15. Compliance with Local, State, and Federal Laws. The subject use shall be conducted in full compliance with all local, and, state, and federal laws.
16. Discretionary Review. The City maintains the right of discretionary review of requests to alter or amend structures, condi tions, or restrictions of this Permit incorporated by reference in accordanc e with Chapter 20.100 of the San José Municipal Code.
17. Conformance to Other Permits. This project shall conform to all of the requirements and Conditions of Approval of the Historic Preservation Permit, File No. HP21-007.
15. Conformance to Mitigation Monitoring and Reporting Program. This project shall conform to all applicable requirements of the Mitigation Moni toring and Reporting Program (MMRP) approved for this devel opment by City Council Resolution No. _____.
16. Standard Environmental Permit Conditions
a. Air Quality
i. Construction-related Air Quality. The following measures shall be implemented during all phases of construction to control dust and exhaust at the project site:
a) Water active construction areas at least twice daily or as often as needed to control dust emissions.
b) Cover trucks hauling soil, sand, and other loose materials and/or ensure that all trucks hauling such material s maintain at least two feet of freeboard.
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c) Remove visible mud or dirt trac k-out onto adjacent public roads using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
d) Enclose, cover, water twice da ily or apply non-toxic soil binders to exposed stockpiles (dirt, sand, etc.).
e) Pave new or improved roadways, driveways, and sidewalks as soon as possible.
f) Lay building pads as soon as po ssible after grading unless seeding or soil binders are used.
g) All vehicle speeds on unpaved ro ads shall be limited to 15 mph. h) Replant vegetation in disturbed areas as quickly as possible. i) Install sandbags or other erosion cont rol measures to prevent silt runoff to public roadways.
j) 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). Pr ovide clear signage for construction workers at all access points.
k) Maintain and properly tune constr uction equipment in accordance with manufacturer’s specifications. Che ck all equipment by a certified mechanic and record a determination of running in proper condition prior to operation.
l) Post a publicly visible sign wit h the telephone number and person to contact at the lead agency regarding dust complaints.
b. Biological Resources
i. The project shall be required to implement the following measures:
a) Tree Replacement. Trees removed for the project shall be replaced at ratios required by the City, as provided in the table below, as amended:
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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 Sin
gle Family and Two-dwelling properties may replace trees at a ratio of 1:1.
(a) The proposes 39 trees for removal: 11 trees would be replaced at a 4:1 ratio, 19 trees would be replaced at a 2:1 ratio, and five trees would be replaced at a 1:1 ratio with 15-gallon containers. Additionally, the two native trees would be replaced at a 5:1 ratio with 15-gallon containers.
No tree replacement would be needed fo r the two orchard trees since they are less than 19 inc hes. The project would be required to plant a total of 97 trees per the City’s tree replacement policy. The species of trees to be planted would be determined in consultation with the City Arborist and the Department of Planning, Building and Code Enforcement or Director’s designee.
(b) If there is insufficient area on t he 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:
(i) The size of a 15-gallon replac ement tree may be increased to 24- inch box and count as two replac ement trees to be planted on the project site.
(ii) Pay Off-Site Tree Re placement Fee(s) to t he City, prior to the issuance of Public Works grading permit(s), in accordance to the City NVF:MJV:JMD
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Council approved Fee Resolution in e ffect at the time of payment.
The City will use the off-site tree replacement fee(s) to plant trees at alternative sites.
b) Tree Protection Standards. The applicant shall maintain the trees and other vegetation shown to be retained in this project and as noted on the Approved Plan Set. Maintenance sha ll include pruning and watering as necessary and protection from constr uction damage. Prior to the removal of any tree on the site, all trees to be preserved shall be permanently identified by metal numbered tags. Prior to issuance of the Grading Permit or removal of any tree, all trees to be saved shall be protected by chain link fencing, or other fenci ng type approved by the Director of Planning. Said fencing shall be installed at the dripline of the tr ee in all cases and shall remain during construction. No storage of construction materials, landscape materials, vehicles or construction ac tivities shall occur within the fenced tree protection area. Any root pruning required for construction purposes shall receive prior review and approv al, and shall be supervised by the consulting licensed arborist. Fencing and signage shall be maintained by the applicant to prevent disturbances during the full length of the construction period that could potentially disrupt the habitat or trees. c) Santa Clara Valley Habitat Plan. T he project may be subject to applicable SCVHP conditions and fees (including t he nitrogen deposition fee) prior to issuance of any grading permits. The project applicant shall submit the Santa Clara Valley Habitat Plan Co verage Screening Form for private projects (https://scv-habitatagency. org/DocumentCenter/View/1367/Pvt ScreeningForm_v3_12_212020) to the Director of Planning, Building and Code Enforcement (PBCE) or the Dir ector's designee for approval and payment of the nitrogen depos ition fee prior to the issuance of a grading permit. The Habitat Plan and supporting materials can be viewed at:
https://scv-habitatagency.org/178/Santa-Clara-Valley-Habitat-Plan c. Cultural Resources
i. Subsurface Cultural Resources. If prehistoric or historic resources are encountered during excavation and/or grading of the site, all activity within a 50-foot radius of the fi nd shall be stopped, the Direc tor of Planning, Building and Code Enforcement or the Directo r's designee and the City’s Historic Preservation Officer shall be notifi ed, and a qualified ar chaeologist in consultation with a Native American r epresentative registered with the Native American Heritage Commission for the City of San José and that is traditionally and culturally affiliated with the geograp hic area as described in Public Resources Code Section 21080.3 shall examine the find. The archaeologist in NVF:MJV:JMD
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consultation with the Tribal representat ive shall 1) evaluate the find(s) to determine if they meet the definition of a historical or archaeological resource; and (2) make appropriate recommendations regarding the disposition of such finds prior to issuance of building permits. Recommendations could include collection, recordation, and analysis of any significant cultural materials. A report of findings documenting any data recovery shall be submitted to Director of Planning, Building and Code Enforcement or the Director's designee and the City’s Historic Preservation Officer and t he Northwest Information Center (if applicable). Project personnel shall not collect or move any cultural materials. ii. Human Remains. If any human remains are found during any field investigations, grading, or other constr uction 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 hum an remains are discovered during construction, there shall be no further e xcavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains. The project applicant 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 Native American Heritage Commission (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 treatme nt of the remains and associated artifacts. If one of the following c onditions occurs, the landowner or his authorized representative s hall 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:
a) 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. b) The MLD identified fails to make a recommendation; or c) The landowner or his authorized representative rejects the recommendation of the MLD, and mediation by the NAHC fails to provide measures acceptable to the landowner.
iii. Salvage. Preservation organizations and other interested parties shall be contacted at least 30 days prior to demolition activities and given the opportunity to examine the buildings loca ted at 128 East St. John Street, 95 North 4th Street, and 77 North 4 th Street and to salvage any architectural and building elements. Documentation of the salvage offer/ s shall be submitted to NVF:MJV:JMD
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the City’s Historic Preservation Officer.
iv. Interpretation/Commemoration: In consultation with a qualified architectural historian and design professional, and u nder the direction of the Historic Preservation Officer, the Permittee shall develop an interpretive and/or commemorative program of the St. James Square City Landmark District that may include one or more interpretive displays, artworks, electronic media, smartphone apps, and other means of pr esenting information regarding the history and development of the historic district. The program may concentrate on those contextual element s that are specific to the buildings that will be demolished or the greater historic dist rict. Display panels, if included in the interpretive program, shall be placed at, or as near as possible to, the location where the buildings were historically located. The conceptual interpretive program shall be reviewed and approved by the Historic Preservation Officer prior to the issuance of demolition permi t(s) for 128 East St . John Street, 95 North 4th Street, and 77 North 4th Street and shall be fully implemented and/or installed before the issuance of a ce rtificate of occupancy for the Echo residential tower.
d. Geology and Soils
i. Seismic Hazards.
a) To avoid or minimize potential dam age 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 recommendat ions 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 hazar ds 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. b) All excavation and grading work shall be scheduled in dry weather months or construction sites shall be weatherized.
c) Stockpiles and excavated soils sha ll be covered with secured tarps or plastic sheeting.
d) Ditches shall be installed to dive rt runoff around excavations and graded areas if necessary.
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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. ii. Dewatering. If dewatering is needed, the design-level geotechnical investigations to be prepared for indivi dual future development projects shall evaluate the underlying sediments and determine the potential for settlements to occur. If it is determined that una cceptable settlements may occur, then alternative groundwater control systems shall be required. iii. Paleontological Resources. If ve rtebrate fossils are discovered during construction, all work on the site shall stop immediately, Director of Planning or Director’s designee of the Departm ent of Planning, Building and Code Enforcement 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 ma y also include preparation of a report for publication describing the finds. The project applicant shall be responsible for implementing the recommendations of the qualified paleontologist. A report of all findings shall be submitted to the Director of Planning or Director’s designee of the Department of Planning, Building and Code Enforcement. e. Greenhouse Gas Emissions
i. Proof of Enrollment in SJ CE. Prior to issuance of any Certificate of Occupancy for the project, the occupant shall provide to the Director of the Department of Planning, Building, and Code Enforcement (PBCE), or Director’s designee, proof of enrollment in the San Jose Community Energy (SJCE) SJCE TotalGreen program (approx. 100% renew able energy). Pr ogram enrollment requirements were determined by t he level assumed in the approved environmental clearance for the projec t in accordance with the California Environmental Quality Act (CEQA). If it is determi ned the project’s environmental clearance requires enro llment in the TotalGreen program, neither the occupant, nor any future o ccupant, may opt out of the TotalGreen program.
f. Hazards and Hazardous Materials
i. Asbestos and Lead-Based Paint.
a) In conformance with state and local laws, a visual inspection/pre-demolition survey, and possible sampling, shall be conducted prior to the demolition of NVF:MJV:JMD
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on-site building(s) to determine t he presence of asbe stos-containing materials (ACMs) and/or lead-based paint (LBP).
b) During demolition activities, all build ing materials containing LBP shall be removed in accordance with Cal/OSHA Lea d in Title 8, California Code of Regulations (CCR), Section 1532.1, including employee training, employee air monitoring, and dust control. An y debris or soil co ntaining LBP or coatings shall be disposed of at landfills that meet acceptance criteria for the type of lead being disposed.
c) All potentially friable ACMs shall be removed in accordance with National Emission Standards for Air Polluti on (NESHAP) guidelines prior to demolition or renovation activities t hat may disturb ACMs. All demolition activities shall be undertaken in accordance with Cal/OSHA standards contained in Title 8, CCR, Section 1529, to protect workers from asbestos exposure.
d) A registered asbestos abatement contractor shall be retained to remove and dispose of ACMs identified in the asbestos survey performed for the site in accordance with the standards stated above.
e) Materials containing more than one-per cent asbestos are also subject to Bay Area Air Quality Management District (BAAQMD) regulations. Removal of materials containing more than one-percent asbestos shall be completed in accordance with BAAQMD requirements and notifications. ii. Polychlorinated Biphenyls. In conf ormance with City of San José permitting requirements, consistent with Regional Water Quality Control Board (RWQCB) regulations, the project applicant shall be required to submit a polychlorinated biphenyls (PCB) Screening Assessment Form when applying for a demolition permit to demolish the existing building(s) on the project site and shall comply with any resulting sampling and abatement procedures as directed by federal and state agencies.
iii. FAA Clearance Required. Prior to issuance of any Building Permit for construction, the permittee shall ob tain from the Federal Aviation Administration a “Determination of No Hazard to Air Navigation” for each building high point. The permittee shall abi de by any and all conditions of the FAA determinations (if issued) such as height specifications, rooftop marking/lighting, constructi on notifications to the FAA through filing of Form 7460-2, and “No Hazard Determination” expiration date. The data on the FAA forms shall be prepared by a licensed civil engineer or surveyor, with location coordinates (latitude/longitude) in NAD83 datum out to hundredths of seconds, and elevations in NAVD88 datum rounded off to the next highest foot.
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g. Hydrology and Water Quality
i. Construction-related water quality.
a) Burlap bags filled with drain rock shall be installed around storm drains to route sediment and other debris away from the drains.
b) Earthmoving or other dust-producing activities shall be suspended during periods of high winds.
c) All exposed or disturbed soil surfaces shall be watered at least twice daily to control dust, as necessary.
d) Stockpiles of soil or other materials that can be blown by the wind shall be watered or covered.
e) All trucks hauling soil, sand, and other loose materials shall be covered and all trucks would be required to maintain at least two feet of freeboard. f) All paved access roads, parking areas, staging areas and residential streets adjacent to the construction sites shall be swept daily (with water sweepers).
g) Vegetation in disturbe d areas shall be replanted as quickly as possible. h) All unpaved entrances to the site shall be filled with rock to remove mud from tires prior to entering City streets. A tire wash system shall be installed if requested by the City.
i) The project applicant shall comply with the City of San José Grading Ordinance, including im plementing 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. ii. Construction General Permit Requirements. Prior to initiating grading activities, the project applicant will file a Notice of Intent (NOI) with the SWRCB and prepare a SWPPP prior to commencement of construction. The project’s SWPPP shall include measures for soil stabilization, sediment and erosion control, non-stormwater managem ent, and waste management to be implemented during all demolit ion, site excavation, grading, and construction activities. All measures shall be included in the project’s SWPPP and printed on all construction documents, contracts, and project plans. The SWPPP may include, but is not limited to, the following construction BMPs:
a) Restrict grading to the dry season or meet City requirements for grading during the rainy season.
b) Use effective, site-specific erosi on and sediment control methods during the NVF:MJV:JMD
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construction periods. Provi de temporary cover of all disturbed surfaces to help control erosion during construction. Provide permanent cover as soon as is practical to stabilize the disturbed surfaces after construction has been completed.
c) Cover soil, equipment, and supplies that could contribute non-visible pollution prior to rainfall events or per form monitoring of runoff with secure plastic sheeting or tarps.
d) Implement regular maintenance acti vities such as sweeping driveways between the construction area and public streets. Clean sediments from streets, driveways, and paved areas on- site using dry sweeping methods.
Designate a concrete truck washdown area.
e) Dispose of all wastes properly and k eep site clear of trash and litter. Clean up leaks, drips, and other spills immedi ately so that t hey do not contact stormwater.
f) Place fiber rolls or silt fences around the perimeter of the site. Protect existing storm and sewer inlets in the project area from sedimentation with filter fabric and sand or gravel bags.
g) The proposed project involves dewate ring activities; therefore, the SWPPP shall include provisions for the proper management of dewatering effluent.
At a minimum, all dewatering effluent will be contained prior to discharge to allow the sediment to settle out, and filt ered, if necessary, to ensure that only clear water is discharged to the storm or sanitary sewer system. In areas of suspected groundwater contamination (i.e., underlain by fill or near sites where chemical releases are k nown or suspected to have occurred), groundwater will be analyzed by a stat e-certified laboratory for the suspected pollutants prior to dischar ge. Based on the results of the analytical testing, the applicant will work with the RWQCB and/or the local wastewater treatment plant to determine appropriate disposal options. iii. The SWPPP shall also include a Po st-Construction Stormwater Management Plan that includes site design, source control, and treatment measures to be incorporated into the project and implemented following construction. iv. When the construction phase is comple te, a Notice of Termination (NOT) will be filed with the RWQCB and the DTSC, in conformance with the Construction General Permit requirements. The NOT will document that all elements of the SWPPP have been executed, constructi on materials and waste have been properly disposed of, and a Post-Constr uction Stormwater Management Plan is in place, as described in the SWPPP for the site.
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h. Noise and Vibration
i. Construction-related Noise. Noise minimization measures include, but are not limited to, the following:
a) Pile driving is prohibited.
b) Limit construction hours to between 7:00 AM and 7:00 PM, Monday through Friday for any on-site or off-site work within 500 feet of any residential unit.
Construction outside of these hours may be approved through a development permit based on a site-spec ific “construction noise mitigation plan” and a finding by the Director of Planning, Building and Code Enforcement that the construction noi se mitigation plan is adequate to prevent noise disturbance of affected residential use.
c) Construct solid plywood fences around ground level construction sites adjacent to operational businesses, re sidences, or other noise-sensitive land uses.
d) Equip all internal combustion engi ne-driven equipment with intake and exhaust mufflers that are in good c ondition and appropr iate for the equipment.
e) Prohibit unnecessary idling of internal combustion engines. f) 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 near adjoining sensitive land uses. g) Utilize “quiet” air compressors and other stationary noise sources where technology exists.
h) Control noise from construction worker s’ radios to a point where they are not audible at existing residences bordering the project site. i) Notify all adjacent business, re sidences, and other noise-sensitive land uses of the construction schedule, in writing, and provide a written schedule of “noisy” construction activities to the adjacent land uses and nearby residences.
j) If complaints are received or excessive noise levels cannot be reduced using the measures above, erect a tem porary noise control blanket barrier along surrounding building facades that face the construction sites. k) Designate a “disturbance coordi nator” who shall be responsible for responding to any complaints about construction noise. The disturbance coordinator shall determine the caus e of the noise complaint (e.g., bad NVF:MJV:JMD
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muffler, etc.) and shall require that reasonable measures be implemented to correct the problem. Conspicuous ly post a telephone number for the disturbance coordinator at the construc tion site and include it in the notice sent to neighbors regarding the construction schedule.
ii. Interior Noise Standard for Resident ial Development. The project applicant 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 project applicant shall conform with any special building construction tec hniques requested by the City’s Building Department, which may include sound-rated windows and doors, sound-rated wall constructions, and acoustical caulking.
17. Housing
a. Conditions of Approval for Inclus ionary Housing Ordinance Requirements for Residential Developments.
i. The Subdivider has submitted an Affordable Housing Compliance Plan Application (“Plan”) and processing/application fees. Approval of the Plan is required prior to the development’s planning applica tion being deemed complete and prior to Planning’s first approval.
a) Prior to earliest of: approval of an y parcel or final map or issuance of any building permits, the Subdivider must execute and record their Affordable Housing Agreement memorializing the IHO obligations against the property, any other property required for the sa tisfaction of the compliance option selected in the Plan, and record the Affordable Housing Agreement or a City covenant against contiguous property under common ownership and control. No building permit may issue except consistent with the b) Subdivider 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 or its guidelines, and submit any additional or updated doc uments requested by the Housing Department in connection with the sati sfaction of the compliance option selected in the Plan.
c) No Temporary Certificat e of Occupancy, Certificate of Occupancy, or Notice of Completion for any units shall be issued until all requirements of the IHO, its guidelines and the Affordable Housing Agreement are met. b. Conditions for Projects with Non-Resi dential Uses Adding at least 5,000 Square NVF:MJV:JMD
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Feet.
i. For all Non-Residential development addi ng or constructing 5,000 square feet or more of new or additional floor area. An applicant is required to submit to the Housing Department, as part of its the application for First Approval the following: (a) a fully completed, executed Satisfaction Plan, (b) all attachments to the Satisfaction Plan, (c) the requi red application processing fee. The development has obtained approval of the chosen payment option and will receive a 20% reduction to the total CLF fee amount when the fee is paid at or prior to building permit issuance. If obligation is not fulfilled at or prior to building permit issuance, payment will be due in full at Scheduling of Final Building Inspection.
a) Subdivider must strictly comply wi th each requirement of the approved CLF Satisfaction Plan Application (Plan), Processing Fee, and Agreement, and any other applicable requirements of the CLF.
b) No building permit ma y issue until an Agreement is recorded against the property. No building pe rmit may issue except consistent with the requirements of the CLF and the proposed Plan to fulfill the CLF obligations. c) No scheduling of the final building inspection will occur until all requirements of the Commercial Linkage Fee Ordinance and Guidelines are met.
18. Airport.
a. Avigation Easement. Prior to the issuance of a Building Permit for vertical construction, the property owner shall grant an Avigation Easement to the City of San José. Contact the San José Airport Department at (408) 392-1193 to initiate the easement dedication process.
b. FAA Clearance Required . Prior to issuance of any Building Permit for construction, the Subdivider shall obtain fr om the Federal Aviation Administration a “Determination of No Hazard to Air Navigation” for each building high point. The Subdivider shall abide by any and all co nditions of the FAA determinations (if issued) such as height specifications, rooftop marking/lighting, construction notifications to the F AA through filing of Form 7460-2, and “No Hazard Determination” expiration date. The data on the FAA forms shall be prepared by a licensed civil engineer or surveyor, with location coordinates (latitude/longitude) in NAD83 datum out to hundredt hs of seconds, and elevations in NAVD88 datum rounded off to the next highest foot.
c. FAA Clearance Permit Adjustment. Prior to issuance of any Building Permit for construction, the Subdivider shall apply for and obtain a Permit Adjustment to incorporate any and all FAA conditions id entified in the Dete rminations of No NVF:MJV:JMD
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Hazard (if issued), e.g., installation of roof-top obstruction lighting or construction- related notifications.
d. Construction Cranes. Prior to issuance of any Build ing Permit for construction, the Subdivider shall coordi nate with the San Jose Airport Department to sign a Construction Crane Agreement and provi de a crane fee deposit for the expected duration project will operate construc tion cranes above the Downtown Building Height Limits. Compliance shall become a condition of Building Permit issuance for construction. Contact San José Ai rport Department at (408) 392-1193, to initiate the construction crane agreement coordination. e. Solar Glare Hazard Analysis. FAA guidance requires solar panels (and any other reflective materials) placed on the roof of any structure to be designed to minimize glare and to incorporate bird-safe design. A public-use solar glare hazard analysis tool is available at www.forgesolar.com. The Airport requests the applicant provide a completed solar glare hazard analysis report for this project evaluating potential impacts to the Airport's existing and future Air Traffic Control Tower and to ensure there are no hazards to avia tion. Contact San Jose Airport Department at (408) 392-1193, prior to preparing a solar glare hazard analysis report.
19. Building Division Clearance for Issuing Permits. Prior to the issuance of a Building Permit, the following requirements must be met to the satisfaction of the Chief Building Official:
a. Construction Plans. This permit file number, T21-033 shall be printed on all construction plans submitted to the Building Division.
b. San Jose’s Natural Gas Infrastructure Prohibition and Reach Code Ordinances.
The City’s Natural Gas Infrastructure Prohibition and Reac h Code Ordinances apply to this project and all requirement s 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 begins with the initial plan ch eck submittal to the Building Division.
Prior to any building permit issuance, bu ilding permit plans sh all conform to the approved Planning development permits and applicable conditions. f. Common Interest Development. Prior to issuance of any certificate of occupancy, or release for occupancy, the Permi ttee shall provide a self-certified statement to NVF:MJV:JMD
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the satisfaction of the City’s Chief Building Official that the project, as constructed, meets the City of San José Common Interest Development standards. g. Project Addressing Plan. Prior to issuance of a Bu ilding Permit, the following requirements shall be met to the satisfacti on of the Chief Building Official: The project Permittee shall submit an addre ssing plan for approval for the subject development. The addressing plan should in clude proposed street names for the streets (as referenced on an approved tentative map) and the type of addressing (i.e., individual street addresses as co mpared to unit number off of a primary street).
h. Other. Such other requirements as may be specified by the Chief Building Official.
20. Bureau of Fire Department Clearance for Issuing Permits. a. Prior to the issuance of a Building Pe rmit, the project must comply with the 2019 California Fire Code, or as may be amended or updated by the City. b. Prior to issuance of a Grading Permit for the Icon (office) Building or elimination of Fire Department Access to the Town Pa rk Towers building at 60 North 3 rd Street from the subject property, fire suppression sprinklers shall be installed on each of the balconies on the eastern elevation of 60 North 3rd Street. The sprinklers shall be reviewed by the Fire Department through the variance process.
21. Public Works Clearance for Build ing Permit(s) or Map Approval : Prior to the approval of Tract or Parcel Map (if applicable) by the Director of Public Works, or the issuance of Building permits, whichever occurs first, the Subdivider will be required to have satisfied all of the following Public Works conditions. The Subdivider 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 the following: http://www.sanjoseca.gov/devresources. a. Construction Agreement: The public improvements conditioned as part of this permit require the execution of a Constr uction Agreement that guarantees the completion of the public improvements to the satisfaction of the Director of Public Works. This agreement incl udes privately engineered plans, bonds, insurance, a completion deposit, and engineering and inspection fees. b. Transportation: This project would not require a detailed CEQA Transportation Analysis because the project is located in the expanded Downtown Core and is covered under the San Jose Downtown Strategy 2040 EIR. However, the project was required to perform Local Transporta tion Analysis (LTA) to evaluate the project's effect on transportation, acce ss and related safety elements in the proximate area of the project. See separate Transportation Analysis Memo dated 04/12/2022 for additional information.
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c. Grand Boulevard: This project fronts Santa Clara Street which is designated as one of the seven Grand Boulevards per the Envision San Jose 2040 General Plan.
Grand Boulevards are identified to serv e as major transportation corridors for primary routes for light-rail, bus rapid transit, standard or community buses, and other public transit vehicles.
d. Street Vacation: A street vacation is required in order to accomplish the land use plan as shown. The street vacation process requires further discretionary approval by the City Council and the project will be subject to this process prior to Public Works Clearance. In addition, the preliminary title report provided by the applicant indicates that the City of San Jose owns the subject street in fee. As a result, the property will be subject to a sale and disposition process, which may involve public auction. This process would not guarant ee that the property would be sold exc lusively to the Subdivider. Any sale of City property will be based on fair market value.
e. Grading/Geology:
i. A grading permit is required prior to t he issuance of a Public Works Clearance. ii. All on-site storm drainage conveyance fa cilities 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 in lets. The project shall provide storm drainage calculations that adhere to t he latest California Plumbing Code as adopted under the City of S an Jose Municipal Code Section 24.04.100 or submit a stamped and signed engineered desi gn 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 r equired. Prior to issuance of a grading permit, contact the Department of Tr ansportation 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 applicant 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 di scharges associated with construction activity. Copies of these documents mu st be submitted to the City Project Engineer prior to issuance of a grading permit.
v. The Project site is within the State of California Seismic Hazard Zone. A geotechnical investigation report addressing the potential hazard of liquefaction NVF:MJV:JMD
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must be submitted to, reviewed and approv ed by the City Geologist prior to issuance of a grading permit or Public Works Clearance. The report should also include, but not limited to: foundation, earthwork, utility trenching, retaining and drainage recommendations. The investigat ion should be consistent with the guidelines published by the State of California (CGS Special Publication 117A) and the Southern California Eart hquake Center (SCEC, 1999). A recommended depth of 50 feet should be explored and evaluated in the investigation.
f. Shoring:
i. Shoring plans will be required for revi ew and approval as part of the Grading Permit for this project.
ii. If tie-backs are proposed in the Public right-of-way as a part of the shoring operation, a separate Revocable Encroac hment Permit must be obtained by the Developer or Contractor and must provide security, in the form of a CD or Letter of Credit, in the amount of $100,000. All other shoring will not be allowed to encroach more than 12" within the public right-of-way (i.e. soldier beams). iii. If tie-backs are proposed for use al ong the adjacent properties (467-20-068; 072; 078; 080) agreements between the A pplicant and the adjacent property owners will need to be secured, execut ed and provided to the Public Works Project Engineer prior to approval of the Grading Permit for this project. iv. Coordination with the Va lley Transportation Authority (VTA) will be required for confirmation review with the proposed future Bay Area Rapid Transit (BART) tunnel.
g. 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 contro ls and numerically-sized Low Impact Development (LID) stormwater treatment measures to minimize stormwater pollutant discharges.
i. The project's Stormwater Control Pl an and numeric sizing calculations have been reviewed and this project will be in conformance with City Policy 6-29. ii. Final inspection and maintenance in formation on the post-construction treatment control measures must be submitted prior to issuance of a Public Works Clearance.
iii. Media Filter Unit(s) located within Buil ding footprints must conform to Building Division Directive P-005 lo cated at the following:
http://www.sanjoseca.gov/home/showdocument?id=27405
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REVISED – Additonal Condition of Approval added and administrative changes made since original posting on 11/18/2022.
h. Stormwater Peak Flow Control Measures: The project is located in a non- Hydromodification Management area and is not required to comply with the City's Post- Construction Hydromodification Management Policy (Council Policy 8-14). i. Flood: Zone D The project site is not within a designated Federal Emergency Management Agency (FEMA) 100-year fl oodplain. 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.
j. 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. k. Parks: This residential project is subject to either the require ments of the City's Park Impact Ordinance (Chapter 14.25 of Title 14 of the San Jose Municipal Code) or the Parkland Dedication Ordinance (Cha pter 19.38 of Title 19 of the San Jose Municipal Code) for the dedi cation 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.
l. Assessments: A portion of this project is lo cated within the Premium Zone and the remainder is in the Basic Zone of the Downtown San Jose Property-Based Business Improvement District, which provides enhanced cleaning, information and safety services, beautification activi ties, and business retention and growth programs within the boundaries of the district. Benefiting properties within the district pay for the services thro ugh annual assessments placed on the County property tax bills, which may be increased by up to 5% each year. The assessment is calculated based on the land use and its building and lot square footages. For 2021-22, Premium Zone commercial properties pay $0.134182419 and residential properties pay $0.108146660 per building and lot square footages. For 2021-2022, Basic Zone commercial properties pay $0.080109088 and reside ntial properties pay $0.054073330 per building and lot square footages. Future year assessments will be adjusted accordingly and will contin ue to be collected through the County property tax bills listed under Ta x Code 0916 "DOWNTOWN PBID". The Downtown PBID is schedul ed for renewal in the 2022-2023 fiscal year with adjustments to the rates and zone boundarie s. Any questions may be directed to the Department of Public Works at (408) 535-6831.
m. Street Improvements:
i. Remove the existing sidewalk, curb, and gutter and reconstruction of a 21-foot- wide sidewalk that contains a raised bi keway along the Fourth Street project frontage. The section shall be an 8-foot -wide pedestrian through zone, 4-foot- NVF:MJV:JMD
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wide tree wells, 5-foot-wide raised bike lane, and 4-foot-wide landscape buffer. ii. Remove the existing sidewalk, curb, and gutter and reconstruction of a 16-foot attached sidewalk with 5-foot by 5-foot tree wells along the Santa Clara Street project frontage.
iii. Remove the existing sidewalk, curb and gutter and reconstruction of a 12-foot- wide attached sidewalk with 4-foot by 5- foot tree wells along the Saint John Street project frontage. A 2-foot-wide sidewalk easement dedication will be required.
iv. A signal modification is required at Fourth Street and Santa Clara Street in order to implement the following:
(i) A protected bike netwo rk along Fourth Street.
(ii) Construction of a bulb out at the northwest and half-bulb & detached island at the southwest corner of Fourth Street and Santa Clara Street. (iii) Relocation of the existing signa l cabinet within the proposed building footprint.
v. A signal modification is required at F ourth Street and Saint John Street in order to implement the following:
(i) A protected bike netwo rk along Fourth Street.
(ii) Construction of a bulb out at the northwest and so uthwest corner of Saint John Street and Santa Clara Street.
(iii) Relocation of the existing signa l cabinet within the proposed building footprint.
vi. Permittee shall be responsible for adjusting existing utility boxes/vaults to grade, locating and protecting the existing communication conduits (fiber optic and frontage.
vii. Close unused driveway cuts.
viii. Construct three driveways along the Fourth Street project frontage. A 26-foot- wide driveway for residential loading to the north. A 35-foot-wide right turn in/right turn out driveway at the middle of the site for vehicular access. A 26' wide driveway for commercial loading to the south.
ix. Dedication and improvement of the public streets shall be to the satisfaction of the Director of Public Works.
x. Any trenching within E. Santa Clara St reet shall be restored in kind using Rubberized Asphalt (RHMA).
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xi. Repair, overlay, or reconstruction of asphalt pavement may be required. The existing pavement will be evaluated with the street improvement plans and any necessary pavement restoration will be in cluded as part of the final street improvement plans.
n. BART Phase II: The project will be required to submit structural and shoring plans to the Santa Clara Valley Transportation Authority (VTA) for coordination with the future BART tunnel to ensure no conflicts or impacts to the proposed BART project.
Tie-backs may not be acceptable at certain locations and/or elevations depending on the project's design.
o. Downtown Construction: This project is locat ed within the General Plan Downtown Growth Area or the Diridon Station Area Plan and wi ll be required to comply with the Downtown Construction Guidelines (DCG). The DCG is for all work in the Public Right-of-Way to support t he safe and orderly movement of people and goods by providing standards. The DCG serves as a guideline related to permits, coordination, and traffic control devices to entities performing work in downtown streets. A copy of the DCG is at h ttps://www.sanjoseca.gov/ home/showdocument?id=56303.
p. Site Utilization Plan and Revocable Encroachment Permit (Street/Sidewalk Closures): At the Implementation stage, Developer shall pr ovide to the Public Works Project Engineer a Site Utilization Plan with the application of a Revocable Encroachment Permit for any proposed sidewalk and lane closures to support the onsite construction activities.
i. The following should be included with t he Site Utilization Plan and Revocable Permit application, but are not limited to:
(i) Site Utilization Plan and Letter of Intent: The site utilization plan should provide a detailed plan of the location of the temporary facilities within the boundary of the construction site. The Letter of Intent should provide a description of operations of the site as well as the reasons for the sidewalk/lane closures and why the activities/uses that are proposed within the Public right-of-way can't occur within the construction site. These include the use of the right of way for temporary facilities and activities such as man lifts, baker tanks, staging area, concrete pumping activities, etc.
The letter must also provide a deta iled discussion if covered pedestrian walkways are infeasible (ex. swinging loads over the sidewalk are not safe for pedestrians).
(ii) Multi-Phased Site Specific Sketches: These sketches should show the phased closures during the course of construction with a provided timeframe estimate of when each phase would be implemented. These NVF:MJV:JMD
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sketches should include the type and location of the work to be accomplished within the right-of-way. The exhibit should show in detail the vehicular and/or pedestrian diversion route that shows the appropriate safety equipment, such as barricades, cones, arrow boards, signage, etc. ii. Developer shall minimize the potential impact to vehicular and pedestrian traffic by:
(i) Implementing the closures at the time the onsite activities dictate the need for the closure.
(ii) Minimizing the closure timefram es to accomplish the onsite tasks and implement the next phase of the closure as outlined in condition i.b above. iii. If the proposed lane and parking closures are a part of the Revocable Permit Application, Developer shall submit Downtown Lane Closure and Tow Away Permit Applications to DOT. These applications may be obtained at:
http://www.sanjoseca.gov/?navid=1629. Developer shall contact DOT at (408) 535-8350 for more information concer ning the requirements of these applications.
q. 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. r. Greater Downtown Area Master Plans: This project is located within the Greater Downtown area. Public improvements shall conform to the Council approved San Jose Downtown Streetscape and Street and Pedestrian Lighting Master Plans. s. Electrical:
i. Existing electroliers along the project frontage will be evaluat ed at the public improvement stage and any street lighting requirements will be included on the public improvement plans.
ii. Locate and protect existing electrical conduit in driveway and/or sidewalk construction.
t. Street Trees:
i. The locations of the st reet trees will be det ermined at the street improvement stage. Contact the City Arbor ist at (408) 794-1901 fo r the designated street tree. Install street trees within public right-of-way along entire project street frontage per City standards; refer to t he current "Guidelines for Planning, Design, and Construction of City Streetsca pe Projects". Street trees shall be installed in cut- out s at the back of curb. Obtain a DOT street tree planting permit for any proposed street tree plantings. Street trees shown on this permit are conceptual only.
NVF:MJV:JMD
11/22/2022
38 T-51007/1978659
Council Agenda: 11-29-2022
Item No.: 10.2(c)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Additonal Condition of Approval added and administrative changes made since original posting on 11/18/2022.
ii. Install infill tree wells where availabl e to maintain 35 feet on center spacing along the Santa Clara Street project frontage. Provide a tree protection plan for existing street trees. Infill street trees shall be Platanus x hispanica 'Columbia.' iii. Street trees along the Fourth Street project frontage shall be placed 25 feet on center. Street trees shall be Ulmus propinqua 'Emerald Sunshine'. iv. Street trees along the East Saint John Street pr oject frontage shall be 25 feet on center. Street trees specie s shall be Betula nigra 'BNMTF' (Dura- Heat).
22. 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 permi ttee-appointed disturbance coordinator, shall be posted in a prominent location at the entrance to the job site.
23. Final Map. No Final Map or Tract Map shall be approved by City Council unless and until the appeal period for the development permit, City File No. T21-033 has expired and all appeals have been exhausted.
24. Multiple Final Maps. Multiple Final Maps may be filed for this subdivision if each and all of the following conditions are met with each Final Map:
a. All fees associated wit h development and a part of th is approval shall be apportioned and paid for each portion of this subdivision for which a Final Map is being filed, including but not limited to Parkland Dedication, undergrounding of utilities, drainage, area and sewer treatment plan.
b. All public streets on which each Final Map has fr ontage shall be improved or bonded to be improved to the satisfaction of the Director of Public Works. c. All grading, drainage, and easements fo r drainage, adequate to protect each lot for which a Final Map is requested, and surrounding parcels which could be impacted by such design or lack of design, shall be guaranteed to the satisfaction of the Director of Public Works.
d. Any and all off-site impr ovements necessary for mitigation of impacts brought about by this project shall be apporti oned to the degree possible to guarantee adequate mitigation for each area for which a Final Map is being filed, to the satisfaction of the Director of Public Works.
25. Additional BAAQMD Conditions
a. Offer temporary filtration units for the Town Park Towers building residents and at Little Einstein Montessori Preschool and Horace Mann Preschool and Elementary School;
b. Prohibit grading and other dust-generating activities on days with an Air Quality NVF:MJV:JMD
11/22/2022
39 T-51007/1978659
Council Agenda: 11-29-2022
Item No.: 10.2(c)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Additonal Condition of Approval added and administrative changes made since original posting on 11/18/2022.
Index forecast of greater than 100 for particulates in the project area; c. Minimize the amount of excavated material or waste materials stored at the site; d. Document the frequency of watering on exposed surfaces; and e. Provide a telephone number and person to contact at all residences and businesses within 1,000 feet of the project site regarding dust complaints. 2526. Revocation, Suspension, Modification. This Vesting Tentative Map is subject to revocation, suspension or modification for violation of any of its provisions or conditions.
In accordance with the findi ngs set forth above, a Vesti ng Tentative Map is hereby approved.
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.
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN JOSE, IN THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL ONE:
COMMENCING AT A POINT ON THE EASTERLY LINE OF NORTH THIRD STREET WHERE THE DIVIDING LINE BETWEEN THE LOTS 2 AND 3 IN BLOCK 2, RANGE 4 NORTH OF THE BASE LINE IN SAID CITY OF SAN JOSE
AS SO DESIGNATED UPON THE OFFICIAL MAP OR PLAT OF SAID CITY INTERSECTS SAID EASTERLY LINE AND RUNNING THENCE SOUTHERLY AND ALONG SAID EASTERLY LINE OF THIRD STREET 131.56 FEET; THENCE AT RIGHTS ANGLES EASTERLY AND PARALLEL WITH THE SOUTHERLY LINE OF ST. JOHN STREET 137.50 FEET; THENCE AT RIGHT ANGLES NORTHERLY AND PARALLEL WITH THE EASTERLY LINE OF THIRD STREET 131.56 FEET; THENCE AT RIGHT ANGLES WESTERLY AND PARALLEL WITH THE SOUTHERLY LINE OF ST. JOHN STREET 137.50 FEET TO THE POINT OF COMMENCEMENT.
PARCEL TWO:
COMMENCING AT A POINT ON THE WESTERLY LINE OF FOURTH STREET DISTANT THEREON 137.84 FOOT
SOUTHERLY FROM THE POINT OF INTERSECTION OF SAID WESTERLY LINE OF FOURTH STREET WITH THE SOUTHERLY LINE OF ST. JOHN STREET, SAID POINT OF COMMENCEMENT BEING ALSO THE POINT OF INTERSECTION OF SAID WESTERLY LINE OF FOURTH STREET WITH THE DIVIDING LINE BETWEEN LOTS 1 AND 4 BLOCK 2 RANGE 4 NORTH OF THE BASE LINE OF THE CITY OF SAN JOSE; THENCE AT RIGHT ANGLES WESTERLY ALONG THE SAID DIVIDING LINE BETWEEN SAID LOTS 1 AND 4, 137.84 FEET, MORE OR LESS, TO THE COMMON CORNER FOR LOTS 1, 2, 3 AND 4 IN SAID BLOCK 2 RANGE 4 NORTH, SAID
POINT BEING ALSO THE MOST NORTHERLY CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED BY ROBERT S. FIELD AND WIFE TO F. W. GROSS, ET AL, TRUSTEES OF THE FIRST PRESBYTERIAN CHURCH OF THE CITY OF SAN JOSE, SANTA CLARA COUNTY, CALIFORNIA, BY DEED DATED OCTOBER 15, 1906 AND RECORDED IN LIBER 308 OF DEEDS, PAGE 231, RECORDS OF SANTA CLARA COUNTY, CALIFORNIA; THENCE AT RIGHT ANGLES SOUTHERLY AND ALONG THE DIVIDING LINE BETWEEN LOTS 3 AND 4, AND THE EASTERLY LINE OF THE LANDS OF THE PRESBYTERIAN CHURCH 131.56 FEET TO THE MOST EASTERLY CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED BY D.B. MOODY AND WIFE TO F.W. GROSS, ET
AL AS TRUSTEES OF THE FIRST PRESBYTERIAN CHURCH OF THE CITY OF SAN JOSE, SANTA CLARA COUNTY, CALIFORNIA, BY DEED DATED NOVEMBER 24, 1906 AND RECORDED IN LIBER 311 OF DEEDS, PAGE 337; THENCE AT RIGHT ANGLES EASTERLY AND PARALLEL WITH SAID DIVIDING LINE BETWEEN LOTS 1 AND 4, 137.84 FEET, MORE OR LESS, TO A POINT ON THE SAID WESTERLY LINE OF FOURTH STREET; THENCE NORTHERLY ALONG THE SAID WESTERLY LINE OF FOURTH STREET 131.56 FEET TO THE PLACE OF COMMENCEMENT, AND BEING A PORTION OF LOT 4 IN BLOCK 2 RANGE 4 NORTH OF THE BASE LINE OF THE CITY OF SAN JOSE.
PARCEL THREE:
BEGINNING AT A POINT IN THE EASTERLY LINE OF THIRD STREET, DISTANT THEREON 269.40 FEET
SOUTHERLY FROM THE POINT OF INTERSECTION OF SAID LINE OF THIRD STREET WITH THE SOUTHERLY LINE OF ST. JOHN STREET, ANO SAID POINT OF BEGINNING ALSO BEING DISTANT ALONG SAID LINE OF THIRD STREET SOUTHERLY 131.56 FEET FROM WHERE SAID LINE OF THIRD STREET IS INTERSECTED BY THE LINE DIVIDING LOTS 2 AND 3 IN BLOCK 2 RANGE 4 NORTH OF HE BASE LINE OF THE CITY OF SAN EXHIBIT "A"
(File Nos. SP21-031; T221-033)
JOSE, AND SAID POINT OF BEGINNING ALSO BEING THE SOUTHWESTERLY CORNER OF THE LAND OF THE SOCIETY OF THE FIRST PRESBYTERIAN CHURCH OF SAN JOSE, A CORPORATION; THENCE SOUTHERLY ALONG SAID LINE OF THIRD STREET 65.1667 FEET TO THE LAND DESCRIBED IN THE DEED FROM
ALLIANCE LAND COMPANY, A CORPORATION, ET AL, TO GLENWOOD LUMBER COMPANY, A CORPORATION, DATED OCTOBER 24, 1924 AND RECORDED OCTOBER 30, 1924 IN BOOK 115 OF OFFICIAL RECORDS, PAGE 290; TENCE AT A RIGHT ANGLE EASTERLY 115.0 FEET; THENCE AT A RIGHT ANGLE NORTHERLY 65.1667 FEET TO A POINT IN THE SOUTHERLY LINE OF LAND OF THE SOCIETY OF THE FIRST PRESBYTERIAN CHURCH OF SAN JOSE, A CORPORATION; YHENCE AT A RIGHT ANGLE WESTERLY 115 FEET TO THE POINT OF BEGINNING, AND BEING A PORTION OF LOTS 3 AND 6 IN BLOCK 2 RANGE 4 NORTH OF THE BASE LINE OF THE CITY OF SAN JOSE.
PARCEL FOUR:
BEGINNING AT A POINT ON THE EASTERLY LINE OF THIRD STREET, DISTANT THEREON ONE HUNDRED NINETY-SIX AND 7267/10000 (196.7267) FEET SOUTHERLY FROM THE POINT WHERE THE DIVIDING LINE BETWEEN LOTS 2 AND 3 IN BLOCK 2 RANGE 4 NORTH OF THE BASE LINE INTERSECTS THE SAME; AND RUNNING THENCE EASTERLY AT RIGHT ANGLES TO THIRD STREET ONE HUNDRED FIFTEEN (115) FEET; THENCE AT RIGHT ANGLES NORTHERLY AND PARALLEL TO THIRD STREET SIXTY-FIVE AND 1667/10000 (65.1667) FEET; THENCE AT RIGHT ANGLES EASTERLY ALONG THE LOT NOW OR FORMERLY OF THE SOCIETY OF THE FIRST PRESBYTERIAN CHURCH OF SAN JOSE, ONE HUNDRED SIXTY AND 34/100 (160.34) FEET, MORE OR LESS, TO THE WESTERLY LINE OF FOURTH STREET; THENCE SOUTHERLY ALONG SAID LINE OF FOURTH STREET ONE HUNDRED NINE AND 12/100 (109.12) FEET, MORE OR LESS, TO THE NORTHERLY LINE OF LET NOW OR FORMERLY OF SPERRY FLOUR COMPANY; THENCE WESTERLY ALONG
SAID LAST NAMED LINE AT RIGHT ANGLES TO FOURTH STREET TWO HUNDRED SEVENTY-FIVE AND 68/100 (275 68) FEET, MORE OR LESS, TO THE EASTERLY LINE OF THIRD STREET, AND THENCE NORTHERLY ALONG SAID LAST NAMED LINE FORTY-THREE AND 95/100 (43.95) FEET, MORE OR LESS TO THE POINT OF BEGINNING AND BEING PART OR PORTIONS OF LOTS 3, 4, 5 AND 6 IN BLOCK 2 RANGE 4 NORTH OF THE BASE LINE OF THE CITY OF SAN JOSE.
EXCEPTING THEREFROM PARCELS ONE THROUGH FOUR ALL THAT PORTION OF LAND GRANTED TO TOWN PARK TOWERS, INC. IN THAT CERTAIN CORPORATION GRANT DEED RECORDED AUGUST 13, 1971 IN BOOK 9462, PAGE 736, SANTA CLARA COUNTY OFFICIAL RECORDS.
APN 467-20-08
EXHIBIT "A"
(File Nos. SP21-031; T221-033)