(b) Resolution — San Jose City Council, February 28, 2023

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RESOLUTION NO.____

A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN

JOSE APPROVING , SUBJECT TO CONDITIONS, A

VESTING TENTATIVE MAP TO SUBDIVIDE ONE PARCEL
INTO FOU R PARCELS ON AN APPROXIMATELY 19. 70-

GROSS ACRE SITE, FOR THE DEVELOPMENT OF SEVEN

OFFICE BUILDINGS TOTALING APPROXIMATELY
1,924,110 SQUARE FEET AND TWO PARKING
STRUCTURES TOTALING APPROXIMATELY 1,647,920

SQUARE FEET , LOCATED ON THE SOUTHEAST

CORNER OF EAST BROKAW ROAD AND JUNCTION
AVENUE (550 EAST BROKAW ROAD) (APN: 237-08-079)

FILE NO. T21-005

WHEREAS, pursuant to the provisions of Chapter 19.12 of Title 19 of the San José Municipal Code, on March 18, 20 21, a concurrent application (File No. T21-005) was filed by the owner and applicant, Bryon Wolf, with the City of San José for a Vesting Tentative Map to subdivide one lot into four lots on an approximately 19. 70-gross acre site, and for the concurrent Site Development Permit application (H21-005) for the construction of seven office buildings totaling approximately 1,924,110 square feet and two parking structures totaling approximately 1,647,920 square feet on that certain real property situated in the CIC Combined Industrial/Commercial Zoning District located on the southeast corner of East Brokaw Road and Junction Avenue (550 East Brokaw Road, San José, which real property is sometimes referred to herein as the “subject property”); and

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

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WHEREAS, pursuant to and in accordance with Chapter 20.100 of Title 20 of the San José Municipal Code, the Planning Commission conducted a hearing on said concurrent applications on January 11, 2023, notice of which was duly given; and

WHEREAS, at said hearing, the Planning Commission gave all persons full opportunity to be heard and to present evidence and testimony respecting said matter; and

WHEREAS, at said hearing, the Planning Commission made a recommendation to the City Council respecting said matter based on the evidence and testimony; and

WHEREAS, pursuant to and in accordance with Chapter 20.100 of Title 20 of the San José Municipal Code, this City Council conducted a hearing on said application, notice of which was duly given; and

WHEREAS, at said hearing this City Council gave all persons full opportunity to be heard and to present evidence and testimony respecting said matter; and

WHEREAS, at said hearing this City Council received and considered the reports and 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 Tract Map 550 East Brokaw Road ”, dated June 6, 2022, said plan is on file in the Department 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 NVF:VMT:DJF
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WHEREAS, this City Council has heard and considered the testimony presented to it at the public hearing, and has further considered written mat erials 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 19.70- gross acre site of a single lot located on the southeast corner of East Brokaw Road and Junction Avenue.

The existing approximately 213,626-square foot single-story commercial building was previously occupied by Fry’s Electronics. Based on the Historic Resource Assessment, prepared by Treanor HL on August 4, 2021, the existing building, constructed in 1969, is not individually eligible for listing on the National Register of Historic Places (NRHP), California Register of Historic Places (CRHP) or as a San Jose City Landmark . The site is bordered by an industrial park across East Brokaw Road Street to the north, a truck sales center and Interstate 880 to the east, a home décor store and self-storage facility to the south, and a tire shop and mix of light industrial uses across Junction Road to the west. The existing building onsite is proposed to be demolished.

2. Project Description. The project consists of the phased construction of seven office buildings totaling approximately 1,924,110 square feet and two parking structures totaling approximately 1,647,920 square feet. All seven office buildings are 8 stories with maximum heights of 120 feet (to top of roof). Buildings 1A, 1B, and 2 are located at the northwest corner of the site, nearest the intersection of East Brokaw Road and Junction Road. Buildings 3A and 3B are located at the eastern portion of the site, with Building 3A being located directly along East Brokaw Road. Buildings 4A and 4B and the second parking garage are l ocated within the southeastern portion of the site.

Parking Garage 1 is located at the western end of the site, south of Buildings 1A and 1B. As shown on the site plan (Figure 1), The office buildings are grouped around large open plazas
Private streets, including sidewalks and crosswalks, would be constructed for vehicles to access the interior portions of the site. The project also incorporates a series of paseos and plaza areas for pedestrians to access the site from both the street and internally. Vehicle access is provided from a signaled intersection at the center of the site along East Brokaw Road, a right -in/right-out driveway along East Brokaw Road, and two driveways along Junction Road. Pedestrian and bicyclist access is provided from the sidewalks along East Brokaw Road, Junction Road, and the newly constructed private streets within the site.

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Construction of the project would occur in four phases, with each phase anticipated to last 23 months, for a combine duration of 92 months. Temporary parking for the early building phases would be provided via a new surface parking lot located in the northwest corner of the site and the existing surface parking lot located in the southeast corner of the site. Phase One consists of the demolition of the existing Fry’s Electronics building, the construction of a temporary parking lot in the northwest corner of the site, preparation of the site for future construction phases, and the construction of Building 1A and 1B. All off -site improvements, including str eet lights, are to be constructed during Phase One. Phase Two consists of the construction of Building 3A and 3B, and Garages 1A and 1B. Phase Three consists of the construction of Garage 2A, and the removal of the majority of the surface parking lot in the southeast corner of the site, with 29 surface parking stalls remaining. Phase Four consists of the construction of Buildings 4A and 4B, Garage 2B, and complete installation of all site amenities and landscaping of the project site. See Figure 3 below for a diagram of the project phasing plan.

To facilitate the potential future financing and sale of portions of the project, a Vesting Tentative Subdivision Map is included with the application to allow the subdivision of one parcel into the four parcels. As indicated on the face of the Vesting Tentative Map, the subdivision may be phased. As conditioned in this Vesting Tentative Map Resolution (File No. T21-005) and the associated Site Development Permit Resolution (File No. H21-005), no Final Map shall be ap proved until a construction agreement is executed with the Department of Public Works that guarantees the completion of the associated public improvements. This agreement includes privately engineered plans, bonds, insurance, a completion deposit, and engi neering and inspection fees. As conditioned in this Vesting Tentative Map Resolution , all public improvements are to be constructed during Phase One of the project. Additionally, a common interest owner’s association would be established for the maintenanc e of all common areas including, but not limited to, private streets, pedestrian walkways, easements, landscaping, and landscaping in the public right -of-way that is not already in a maintenance district.

3. General Plan Conformance. The project site has an Envision San José 2040 General Plan land use designation of Combined Industrial/Commercial. This category allows a significant amount of flexibility for the development of a varied mixture of compatible commercial and industrial uses. Properties with this designation are intended for commercial, office, or industrial developments or a compatible mix of these uses. This designation occurs in areas where the existing development pattern exhibits a mix of commercial and industrial land uses or in areas on the boundary between commercial and industrial uses. Development intensity can vary significantly in this designation based on the nature of specific uses likely to occur in a particular area. In order to maintain an industrial character, small, suburban strip centers are discouraged in this designation, although larger big-box type developments may be allowed because they mix elements of retail commercial and warehouse forms and uses.

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Analysis: The redevelopment of the site is consistent with the General Plan Land Use Designation of Combined Industrial/Commercial, as the project would provide a high- intensity commercial office development within a growth area (North San Jose Area Development Policy). The project would provide a large amount of office space in a convenient location near a major freeway (Interstate 880). The project would facilitate the intensification of employment activities and increase the City’s tax base. Parking would be clustered in two parking structures to minimize the visual impact of surface parking lots and be integrated into the overall project design. To facilitate the construction of the offices, the project is conditioned to construct public improvements that would facilitate bicycle and pedestrian access to the site. Public imp rovements include modifications to the East Brokaw Road/Junction Avenue intersection, construction of a 12- foot-wide sidewalk along East Brokaw Road, a 10- foot-wide sidewalk along Junction Avenue, and the construction of Class IV bike lanes along both project frontages. The project includes the removal of 274 trees (210 ordinance - size, 64 non- ordinance-size). Based on the landscaping plan provided, the project includes the planting of 508 (24 -inch box) trees on site, exceeding the mitigation requirement.

4. Zoning Ordinance Consistency
Land Use
The subject site is located in the CIC Combined Industrial/Commercial Zoning District.

Pursuant to Section 20.50.100, Table 20-110 of the Zoning Ordinance, office uses are permitted uses in the CIC Combined Industrial/Commercial Zoning District. As the project consists of the construction of new buildings and structures, a Site Development Permit, pursuant to Section 20.100.630 of the Zoning Code.

Setbacks and Height
Development Standard Required Project
Minimum Lot Area 6,000 sf 103,222 sf
Minimum Front Setback
(Building)
15 feet 17 feet (north), 15 feet
(west)
Minimum Front Setback
(Parking)
20 feet 20 feet (west)
Minimum Front Setback
(Loading Docks)
60 feet 60 feet
Minimum Side Setback 0 feet 57 feet (east), 40 feet
(southeast), 15 feet
(southwest)
Minimum Rear Setback 0 feet 41 feet (south)
Maximum Height 120 feet (Pursuant to 120 feet
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Section 20.85.020)
Analysis: As shown in the table above, the project conforms with the required development standards of the CIC Combined Industrial/Commercial Zoning District pursuant to Section 20.50.200 of the Zoning Code. The subject site is within the North San Jose Development Policy Area. Therefore, pursuant to Section 20.85.020.C1.e of the Zoning Code, the maximum allowable height is 120 feet. Pursuant to Section

20.85.040 of the Zoning Code, an additional 17 feet of height is permitted for certain architectural features such as elevator shafts, stairwells, roof canopies, and mechanical equipment. The maximum height, to the top of roof, for the project is 120 feet. The project’s maximum height, to the top of mechanical equipment is 134 feet, 9 inches.

Therefore, the project conforms with the maximum allowable heigh.

Vehicle Parking
Use Ratio Required
Office, general
business
1 per 250 sq. ft. of floor
area
5,234 parking spaces
Total Provided 5,415 parking spaces
Analysis: Pursuant to Section 20.90.060 of the Zoning Code, one vehicle parking space per 250 square feet of floor area is required for all office uses. Therefore, a total of 5,234 vehicle parking spaces are required. The project provides 5,415 vehicle parking spaces, exceeding the requirement.

Motorcycle Parking
Use Ratio Required
Office, general
business
1 per 50 code required
spaces
105 spaces
Total Provided 107 spaces
Analysis: Pursuant to Section 20.90.350, Table 20-250 of the Zoning Code, office uses are required to provide one motorcycle space per 50 code required vehicle parking spaces. Therefore, the project is required to provide 105 motorcycle spaces. A total of 107 motorcycle spaces would be provided, exceeding the requirement.

Bicycle Parking
Use Ratio Required
Office, general business 1 per 4,000 sq. ft. of floor
area
409 spaces
Total Provided 477 spaces
Analysis: Pursuant to Section 20.90.060 of the Zoning Code, office uses are required to provide one bicycle parking space per 4,000 square feet of floor area. Therefore, NVF:VMT:DJF
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the project is required to provide 409 bicycle parking spaces. A total of 477 bicycle parking spaces are provided, exceeding the requirement.

5. Environmental Review.

The City of San José, as the lead agency for the proposed project, prepared a Draft Environmental Impact Report, State Clearinghouse No. 2021060414 (DEIR), which was circulated for public review and comment from May 11, 2022 through June 24, 2022. A First Amendment to the DEIR was prepared that provided responses to public comments submitted during the public circulation period and revisions to the text of the DEIR. The First Amendment together with the DEIR and errata constitute the Final Environmental Impact Report (FEIR) for the proposed project.

The EIR identified potential environmental impacts to Biological Resources, Cultural Resources Hazardous Materials, Noise, and Tribal Cultural Resources and concluded that these impacts would be reduced to less than significant levels with the implementation of the identified mitigation measures. Standard Permit Conditions are also required to ensure no impacts occur during construction and operation of the project. These Standard Permit Conditions include best m anagement practices for construction related air quality impacts, protection of nesting migratory birds, compliance with the Santa Clara Valley Habitat Plan, protection of unknown subsurface cultural resources and human remains, compliance with the California Building Code for seismic safety of the proposed building, erosion control during construction activities, conformance with state and local laws for appropriate handling of any asbestos - containing materials (ACMs) and/or lead- based paint (LBP) material s during construction, and water quality impacts during construction.

Additionally, the EIR concluded that implementation of the proposed project would result in a project and cumulative significant unavoidable vehicle miles traveled (VMT) impact, even with the implementation of the identified Mitigation Measures MM TRN-1.1 through

1.3. Specifically, the project, after mitigation, would result in 12.30 VMT per employee which would exceed the City’s threshold of 12.21 VMT per employee. The EIR determined there would be no significant and unavoidable impacts due to implementation of the project.

Alternatives to the Proposed Project
In accordance with CEQA, the EIR identified the following alternatives to the proposed project that could reduce or eliminate these impacts. Four alternatives were considered but rejected from further analysis. Three alternatives to the proposed project were analyzed and include:

Alternative 1 No Project – No Development Alternative
The CEQA Guidelines [§15126(d)4] require that an EIR specifically discuss a “No Project” alternative, which shall address both “the existing conditions, as well as what would be reasonably expected to occur in the foreseeable future if the project is not approved, based on current plans and consistent with available infrastructure and NVF:VMT:DJF
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community services.” This Alternative would retain the existing land uses on‐site as is.

Under this alternative, it was assumed the 293,906-square feet of existing development would be re-occupied by a retail or office use similar to the historic use of the site. Since the alternative would not result in a change to existing conditions the project would avoid the project’s impacts and no environmental impacts would occur. However, none of the project objectives would be achieved.

Alternative 2 - No Project, Redevelopment Alternative
This alternative considers if the proposed project were not approved, the unoccupied and underutilized site may be redeveloped with an alternative development proposal consistent with the development permitted under the City’s General Plan and Zoning Ordinance. Based on this height limitation and other design restrictions, such as setbacks, architectural requirements, etc., developing up to the maxi mum allowable floor area ratio (FAR) is not achievable at the project site. Furthermore, the proposed office towers (120 feet in height) and structured parking garages (118 feet in height) are already constructed to the maximum height allowed under the City’s Municipal Code.

As such, it is l ikely that under the No Project, Redevelopment Alternative, the project site would be developed with a similar office development to what is already being proposed. A development with a greater FAR is possible under this alternative; however, this would require moving the proposed structured parking garages below ground in order to meet parking requirements established in the City’s Municipal Code, likely making this option not environmentally superior due to the increased construction activity and increase d operational impacts from more employees and vehicles.

Therefore, for the purpose of this analysis, the No Project, Redevelopment Alternative is assumed to be comparable in size to the proposed project. The No Project, Redevelopment Alternative would meet all the project objective; however, it would likely have similar environmental impacts to the proposed project. The redevelopment would impact nesting birds as trees would be removed for the redevelopment, cultural and tribal cultural resources as the project would continue to potentially impact undiscovered archaeological resources, the hazardous materials impact would remain since the alternative would continue to propose ground disturbing activities on potentially contaminated soils, the construction of the alternative would likely result in similar construction noise impacts and the alternative would not reduce the VMT impact.

Alternative 3 Industrial Development Alternative
Pursuant to City Council Policy 5- 1 and the City’s 2018 Transportation Analys is Handbook, industrial developments located within a Mitigable VMT Area would have a significant but mitigable VMT impact. Under this alternative, the project site would be developed with an industrial development of approximately 300,400 square feet (equivalent to a FAR of 0.4, the maximum allowed by the NSJADP outside of the North First Street Corridor). Pursuant to Municipal Code Section 20.50.010, allowable uses under this alternative would range from industrial park (manufacturing, assembly, testing, and offices) to light industrial (warehousing, wholesaling, and light NVF:VMT:DJF
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manufacturing). This alternative assumes that as required by the City’s Private Sector Green Building Policy, any industrial development that occurs under this alternative would be certi fied Leadership in Energy and Environmental Design Silver. The alternative would have a lesser impact on VMT since the project is located within a mitigation VMT area for industrial uses. However, the alternative would still have similar bird nesting, cult ural and tribal cultural, hazards and hazardous materials, and construction noise impacts. This alternative would not be expected to result in any new significant impacts, and it would avoid the project’s significant and unavoidable VMT impact.

Environmentally Superior Alternative
Alternative 1 would avoid all project impacts, including the significant and unavoidable impact and therefore, is considered to be environmentally superior. Pursuant to CEQA Guidelines Section 15126.6(e)(2), when the No Project A lternative is the environmentally superior alternative, the EIR shall identify another environmentally superior alternative. Therefore, the next environmentally superior alternative would be Alternative 3. While the alternative would have similar bird nesting, cultural and tribal cultural, hazards and hazardous materials, and construction noise impacts; the alternative would result in a significant but mitigable VMT impact, whereas the project would result in a significant and unavoidable impact.

DEIR Circulation Comments
Five comments were received during public circulation from regional and local agencies including one from the City of Santa Clara. The comments identified concerns with the hazards and hazardous materials analysis, implementation of the North San José Area Development Plan and transportation analysis, and minor edits to the hydrology discussion.

DEIR Recirculation Unnecessary
Staff responded to the comments and questions in the First Amendment and none of the comments raised represent new significant information that would warrant recirculation of the Draft EIR pursuant to CEQA Guidelines Section 15088.5(a). The recirculation of an EIR is required when significant 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 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).

The First Amendment was posted on the City’s website on November 29, 2022 and all commenters were notified via email of the document’s availability. All commenters were notified of its availability by email notification. The Draft Environmental Impact Report NVF:VMT:DJF
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(DEIR), First Amendment and errata memorandum are available for public review on the City’s website: https://www.sanjoseca.gov/your-government/departments/planning- building-code-enforcement/planning-division/environmental-planning/environmental- review/active-eirs
Statement of Overriding Considerations
The project requires a Statement of Overriding Considerations for the significant unavoidable VMT impacts of the project. The following benefits of the project would outweigh the identified VMT impacts:
• Develop approximately 6,404 jobs in the North San José Area: The project would increase the number of employees that would support existing and proposed commercial and retail uses in the North San José area. • Provide Multi-modal and Public Improvements: The development’s design incorporates paseos and plazas that would enhance circulation through the site and sidewalk improvements to enhance the surrounding neighborhood. Public improvements include modifications to the East Brokaw Road/Junction Avenue intersection, bust stop improvements, the construction of a 12 -foot-wide sidewalk along East Brokaw Road, a 10 -foot-wide sidewalk along Junction Avenue, and the construction of Class IV bike lanes along both proje ct frontages. The project would plant 508 (24-inch box) trees on site, exceeding the replacement requirement for the development.

The project would contribute approximately $3,320,896 towards the US - 101/Oakland/Mabury Transportation Development Policy to upgrade the US- 101/Oakland Interchange and construct the US-101/Mabury interchange. The project would also contribute fees toward the North San Jose Area Development Policy based on its new square footage.
• Increase Economic Development: The Project will ad vance the goals of the Envision San José 2040 General Plan by adding approximately 1.9 million square feet of office space in the North San José area. • Further Envision San José 2040 General Plan Strategies, Goals, and Policies:
• Major Strategy #4 – Innovation/Regional Employment Center and Land Use Policy LU-1.1: The project will develop the North San José site with 1.9 million square feet of office space to support San José’s growth as center of innovation and regional employment. The high -quality development will include seven new office buildings connected through a series of roadways, walkways, and paseos; growing San José’s role as an employment center. The increase in commercial square footage will support the increase in the City’s jobs-to-employed resident ratio. • Land Use and Employment Policy IE -1.5: The redevelopment of the site would provide a high -intensity commercial office development NVF:VMT:DJF
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within a growth area (North San Jose Area Development Policy) and located near existing transportation infrastructures, a major freeway (Interstate 880). The project would facilitate the intensification of employment activities and increase the City’s tax base.

The City Council weighed each of the above benefits of the proposed project against its unavoidable environmental risks and adverse environmental effects identified in the EIR and determined that those benefits outweighed the risks and adverse environmental effects of the Project and, therefore, further determined that those risks and adverse environmental effects were acceptable and overridden.

6. 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 formally noticed Community Meeting with the Environmental Scoping was held on Monday June 28, 2021 to introduce the proposed project to the community. An on-site sign was posted on the project frontage on May 4, 2021. A notice of the public hearing was distributed to the owners and tenants of all properties located within 1,000 feet of the project site and posted on the City website. The staff report is also posted on the City’s website. Staff has also been available to respond to questions from the public.

7. 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.

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

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

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

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

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

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

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

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Analysis: To facilitate the potential future financing and sale of portions of the project, a Vesting Tentative Subdivision Map is included with the application to allow the subdivision of one existing parcel into four parcels. As indicated on the face of the Vesting Tentative Map, the subdivision may be phased. As conditioned in this Vesting Tentative Map Resolution and associated Site Development Permit Resolution (File No. H21-005), no Final Map shall be approved until a construction agreement is executed with the Department of Public Works that guarantees the completion of the associated public improvements. This agreement includes privately engineered plans, bonds, insurance, a completion deposit, and engineering and inspection fees. As conditioned in this Vesting Tentative Map Permit, all public improvements are to be constructed during Phase One of the project. Additionally, a maintenance district would be established for the maintenance of all common areas including, but not limited to, private streets, pedestrian walkways, easements, landscaping, and landscaping in the public right- of-way that is not already in a maintenance district.

As discussed above, the project is consistent with the General Plan goals, 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 Combined Industrial/Commercial land use designation. The office uses proposed are all permitted uses of the CIC Combined Industrial/Commercial Zoning District. The proposed lot exceeds the minimum required lot size of 6,000 square feet. The subject site is l ocated within North San Jose 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.

Please see the discussion on the California Environmental Quality Act above for additional information.

The Vesting Tentative Map provides all necessary easements including private ingress and egress, private sanitary sewer, private storm drainage, private surface drainage release, ingress, egress, emergency access, and access to and operation and maintenance for stormwater treatment in accordance with Part 1 of Chapter 20.110 of Title 20 of the San José Municipal Code. The easements are provided across Lots 1, 2, 3 and 4 for the benefit of Lots 1, 2, 3, and 4, as shown on the Vesting Tentative Map. Therefore, based on the review of the proposed subdivision of one parcel into four parcels, the Director of Planning, Building and Code Enforcement of the City of San José (Director) is recommending approval of the Vesting Tentative Subdivision Map, because none of the above findings can be made for the denial of the proposed subdivision.

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 denial in Government Code section 66474 and the City Council has reviewed and considered the information relating to compliance of the project with the California Environmental Quality Act and determines the NVF:VMT:DJF
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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 incorporates the findings for denial in Section 66474 of the Government Code specified in Findings Section 1 herein.

Analysis: As descri bed above, based on review of the proposed subdivision, the Director of Planning, Building and Code Enforcement of the City of San José is recommending approval of the Vesting Tentative Map. The map and the development’s design are consistent with the San José Envision 2040 General Plan designation of Combined Industrial/Commercial and the CIC Zoning District, as discussed above. The site is physically suitable for the proposed development in that the proposed density and FAR and lot sizes are in conformanc e with the Combined Industrial/Commercial land use designation. The site is not located within a designated Federal Emergency Management Agency (FEMA) 100- year flood plan. The project site, as well as the surrounding area, are currently developed with structures and do not provide a natural habitat for either fish or wildlife. The subdivision and subsequent improvements are not likely to 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 and subject to each and all of the conditions hereinafter set forth is hereby granted. This City Council expressly declares that it would not have granted this 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 Vesting Tentative Map . Per Section 19.1 2.230, should the Subdivider fail to file a timely and valid appeal of this Vesting Tentative Map within the applicable appeal peri od, such inaction by the Subdivider shall be deemed to constitute all of the following on behalf of the Subdivider:
a. Acceptance of the Vesting Tentative Map by the Subdivider; and b. Agreement by the Subdivider 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 Vesting Tentative Map is approved by the City Council. However, the Director of Planning, Building, and Code Enforce ment may NVF:VMT:DJF
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approve a Vesting Tentative Map 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 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 conditional 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 subsection 3.a., above, any permit, including 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 residents 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 set forth in 3.c.i. shall be automatically extended by any time used for processing a complete application 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 forth in 3.c.i expires. If the 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., above, 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 conform to the approved Tentative Map plans entitled, “Vesting Tentative Parcel Map”, dated June 6, 2022, on file with the Department of NVF:VMT:DJF
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Planning, Building and Code Enforcement, as may be amended and approved by the Director of Planning, Building, and Code Enforcement, and to the 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”. The Vesting Tentative Map allows for a phased subdivision.

5. Conformance with Other Permits. The subject Vesting Tentative Map conforms to and complies in all respects with the Site Development Permit (File No. H21-005) on which such Vesting Tentative Map is based. Approval 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 Map thereon, the Special Use Permit for such lands automatically expires or for any reason ceases to be operative.

6. Project Phasing. The project is permitted to be constructed in phases as shown on the Approved Plans and listed below. Any changes to the project phasing shall require the issuance of a Permit Adjustment to the satisfaction of the Director of Planning, Building, and Code Enforcement.
a. Phase One consists of the demolition of the existing Fry’s Electronics building, the construction of a temporary parking lot in the northwest corner of the site, preparation of the site for future construction phases, and the construction of Building 1A and 1B. All off -site improvements, including street lights, are to be constructed during Phase One.
b. Phase Two consists of the construction of Building 3A and 3B, and Garages 1A and 1B.
c. Phase Three consists of the construction of Garage 2A, and the removal of the majority of the surface parking l ot in the southeast corner of the site, with 29 surface parking stalls remaining.
d. Phase Four consists of the construction of Buildings 4A and 4B, Garage 2B, and complete installation of all site amenities and landscaping on the project site. See Figure 3 below for a diagram of the project phasing plan.

7. 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 requir ed by San José Municipal Code Section

19.16.110.

8. Improvements. Pursuant to the Subdivision Agreement (hereinafter referred to as "Agreement"), the S ubdivider 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 Tentative Map for public or private streets, alleys, pedestrian ways and easements to the satisfaction of the Director of Public Works.

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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 Section 19.32.130 of the San José Municipal Code, and provide the improvement security and insurance required therein.

10. Distribution Facilities. The Subdivider shall, at no cost to the City, cause all new or replacement electricity distribution facili ties (up to 40KV), telephone, community cable, and other distribution facilities located on the subject property to be placed underground.

11. 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 the subdivision shown on the Vesting Tentative Map for the subdivision to be devoted to such purposes.

12. Covenant of Easements. Prior to recordation of the Final Map, the subdivider shall offer to the City of San José a Covenant of Easement for private ingres s and egress, private sanitary sewer, private storm drainage, private surface drainage release, ingress, egress, emergency access, and access to and operation and maintenance for stormwater treatment in accordance with Part 1 of Chapter 20.110 of Title 20 of the San José Municipal Code, across Lot(s) 1, 2, 3 and 4 for the benefit of Lots 1, 2, 3, and 4, as shown on the Approved Plan Set. Said easements shall be binding upon, and all benefits shall insure to, all successors in interest to the affected real property.

13. 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 reference to the Book and Page in the Official Recorder of Santa Clara County, where each instrument conveying such easements is recorded.

14. Common Interest Owner’s Association . Prior to approval of a Final Map by the Department of Public Works, a Common Interest Owner’s Association shall be established for maintenance of all common areas, including but not limited to, private streets, pedestrian walkways, easements, landscaping, and landscaping in the public right-of-way that is not already in a maintenance district. The subdivider shall provide to the Maintenance District a copy of the Vesting Tentative Map Permit, the accompanying Plan Set, any approved Amendments or Adjustments to the associated Site Development Permit (File No. H21-005), and a complete set of approved building and all improvement plans within 30 days of completion of each construction phase.

15. 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 NVF:VMT:DJF
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Permit shall accrue as the result of the granting of this Permit when and if the City Manager makes a determination that the cumulative sewage treatment demand of the San José - Santa Clara Regional Wastewater Facility represented by approved land uses in the area served by said Facility will cause the total sewage treatment demand to meet or exceed the capacity of San José - Santa Clara Regional Wastewater Facility to treat such sewage adequately and within the discharge standards imposed on the City by the State of California Regional Water Quality Control Board for the San Francisco Bay Region; (2) substantive conditions designed to decrease sanitary sewage associated with any land use approval may be imposed by the approval authority; (3) issuance of a Building Permit to implement this Permit may be suspended, conditioned or denied where the City Manager makes a determination that such action is necessary to remain wit hin the aggregate operational capacity of the sanitary sewer system available to the City of San José or to meet the discharge standards of the sanitary sewer system imposed on the City by the State of California Regional Water Quality Control Board for the San Francisco Bay Region.

16. 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.

17. Compliance with Local, State, and Federal Laws. The subject use shall be conducted in full compliance with all local, and, state, and federal laws.

18. Discretionary Review. The City maintains the right of discretionary review of requests to alter or amend structures, conditions, or restrictions of this Permit incorporated by reference in accordance with Chapter 20.100 of the San José Municipal Code.

19. Conformance to Mitigation Monitoring and Reporting Program. This project shall conform to all applicable requirements of the Mitigation Monitoring and Reporting Program (MMRP) approved for this development by City Council Resolution No. _____.

20. Interior Commercial Noise: A qualified acoustical specialist shall prepare a detailed analysis of interior commercial noise levels resulting from all exterior sources during the design phase pursuant to requirements set forth in the State Cal Green Code. The study will review the final site plan, building elevations, and floor plans prior to construction and recommend building treatments, where applicable, to reduce commercial interior noise levels to 50 dBA L
eq (1-hr) or lower. Treatments would
include, but are not limited to, sound-rated windows and doors, sound-rated wall and window constructions, acoustical caulking, protected ventilation openings, etc.

Results of the analysis, including the description of the necessary noise control treatments, shall be submitted to the City, along with the building plans and approved design, prior to issuance of a building permit.

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21. Site Access Features:
a. The design of the site must include adequate corner radii along all internal roadways/drive aisles, as well as driveway width, drive aisle width, parking dimensions, and signage that satisfies City of San Jose design standards. b. All curb returns along the on- site roadways should be a minimum of 30- feet to accommodate service and emergency (such as a garbage truck or fire truck) vehicle circulation.
c. The right-turn only project driveways along Brokaw Road and Junction Avenue should be free and clear of obstructions ensuring a minimum clear sight distance of 250 feet along Junction Avenue and 305 feet along Brokaw Road. d. The following improvements are recommended to improve access to the project site and on-site circulation from the Junction Avenue driveway:
i. The two southbound left -turn lanes at the southern project driveway Junction Avenue will require two receiving lanes on C Street. One lane along C street would need to feed a left-turn lane into Garage 1 while the second lane would feed A Circle.
ii. The southbound left-turn pockets shall provide a minimum of 325 feet of queue storage capacity per lane.
iii. Construct a median along Junction Avenue that extends north from the southernmost driveway approximately 325 feet to accommodate the southbound left-turn pockets and restrict the northernmost project driveway to right-turns only.
iv. “Keep Clear” signage shall be installed at the garage entrance along C Street to maintain access to the garage.

22. Proof of Enrollment in SJCE . 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 SJCE TotalGreen program (approx. 100% renewable energy). Program enrollment will is determined by the level assumed in the approved environmental clearance for the project in accordance with the California Environmental Quality Act (CEQA). If it is determined the project’s environmental clearance requires enrollment in the TotalGreen program, neither the occupant, nor any future occupant, may opt out of the TotalGreen program.

23. Standard Environmental Permit Conditions
a. Air Quality Standard Permit Conditions:
i. The project applicant shall implement the following measures during all phases of construction to control dust and exhaust at the project site. ii. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded NVF:VMT:DJF
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areas, and unpaved access roads) shall be watered two times per day, or as often as needed to control dust emissions.
iii. Cover trucks hauling soil, sand, and other loose materials and/or ensure that all trucks hauling such materials maintain at least two feet of freeboard. iv. Remove visible mud or dirt track -out onto adjacent public roads by using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
v. Enclose, cover, water twice daily or apply non- toxic soil bin ders to exposed stockpiles (dirt, sand, etc.).
vi. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
vii. Replant vegetation in disturbed areas as quickly as possible. viii. Install sandbags or other erosion control measures to prevent silt runoff to public roadways.
ix. Idling times shall be minimized either by shutting equipment off 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 [CCR]). Clear signage shall be provided for construction workers at all access points.
x. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.
xi. Post a publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations. xii. During construction, all vehicle speeds on unpaved roads shall be limited to 15 miles per hour.
b. Biology Standard Permit Conditions:
i. Trees removed for the project shall be replaced at ratios required by the City, as stated in Table 3.4-2 below
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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

c. The project is subject to applicable Habitat Plan conditions and fees (including the nitrogen deposition fee) prior to issuance of any grading permits. The project applicant would be required to submit the Santa Clara Valley Habitat Plan Coverage Screening Form to the Director of Planning or Director’s designee of the City of San José Department of Planning, Building, and Code Enforcement or the Director's designee for approval and payment of the nitrogen deposition fee prior to the issuance of grading permits. The Habitat Plan and supporting materials can be viewed at https://scv-habitatagency.org/178/Santa-Clara-Valley-Habitat-Plan. d. Cultural Resources Standard Permit Condition:
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 find shall be stopped, the Director of Planning, Building and Code Enforcement (PBCE) or the Director's designee and the City’s Historic Preservation Officer shall be notified, and a qualified archaeologist in consultation with a Native American Tribal representative registered with the Native American Heritage Commission for the City of San José and that is traditionally and culturally affiliated with the geographic area as described in Public Resources Code Section 21080.3 shall examine the find. The archaeologist in consultation with the Tribal representative 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.

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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 PBCE or the Director's designee and the City’s Historic Preservation Officer and the 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 construction activities, all provisions of California Health and Safety Code Sections 7054 and 7050.5 and Public Resources Code Sections 5097.9 through 5097.99, as amended per Assembly Bill 2641, shall be followed. If human remains are discovered during construction, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains. The 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 treatment of the remains and associated artifacts. If one of the following conditions occurs, the landowner or his authorized representative shall work with the Coroner to reinter the Native American human remains and associated grave goods with appropriate dignity in a location not subject to further subsurface disturbance:
(i) The NAHC is unable to identify a MLD or the MLD failed to make a recommendation within 48 hours after being given access to the site. (ii) The MLD identified fails to make a recommendation; or (iii) The landowner or his authorized representative rejects the recommendation of the MLD, and mediation by the NAHC fails to provide measures acceptable to the landowner.
e. Geology Standard Permit Condition:
i. To avoid or minimize potential damage from seismic shaking, the project shall be constructed using standard engineering and seismic safety design techniques. Building design and construction at the site shall be completed in conformance with the recomme ndations 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 applic able Building and Fire Codes as adopted or updated by the City. The project shall be designed to withstand soil hazards identified on the site and the project shall NVF:VMT:DJF
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be designed to reduce the risk to life or property on site and off site to the extent feasible and in compliance with the Building Code.
ii. All excavation and grading work shall be scheduled in dry weather months or construction sites shall be weatherized.
iii. Stockpiles and excavated soils shall be covered with secured tarps or plastic sheeting.
iv. Ditches shall be installed to divert runoff around excavations and graded areas if necessary.
v. The project shall be constructed in accordance with the standard engineering practices in the California Building Code, as adopted by the City of San José.

A grading permit from the San José Department of Public Works shall be obtained prior to the issuance of a Public Works clearance. These standard practices would ensure that the future building on the site is designed to properly account for soils-related hazards on the site. x. If vertebrate fossils are discovered during construction, all work on the site shall stop immediately, Director of Planning, Building, and Code Enforcement or Director’s designee shall be notified, and a qualified professional paleontologist shall assess the nature and importance of the find and recommend appropriate treatment. Treatment may include, but is not limited to, preparation and recovery of fossil materials so that they can be housed in an appropriate museum or university collection and may also include preparation of a report for publication describing the finds. The 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, Building, and Code Enforcement or Director’s designee.
f. Hazards and Hazardous Materials Standard Permit Conditions:
i. In conformance with state and local laws, a visual inspection/pre -demolition survey, and possible sampling, shall be conducted prior to the demolition of on- NVF:VMT:DJF
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site building( s) to determine the presence of asbestos -containing materials and/or lead-based paints.
ii. During demolition activities, all building materials containing lead- based paint shall be removed in accordance with the California Division of Occupational Safety and Health Lead in Title 8, California Code of Regulations, Section 1532.1, including employee training, employee air monitoring, and dust control.

Any debris or soil containing lead-based paint or coatings shall be disposed of at landfills that meet acceptance criteria for the type of lead being disposed. iii. All potentially friable asbestos -containing materials shall be removed in accordance with National Emission Standards for Hazardous Air Pollutants guidelines prior to demolition or renovation activities that may disturb asbestos- containing materials. All demolition activities shall be undertaken in accordance with the California Division of Occupational Safety and Health standards contained in Title 8, California Code of Regulations, Section 1529, to protect workers from asbestos exposure.
iv. A registered asbestos abatement contractor shall be retained to remove and dispose of asbestos -containing materials identified in the asbestos survey performed for the site in accordance with the standards stated above. v. Materials containing more than one -percent asbestos are also subject to Bay Area Air Quality Management District regulations. Removal of materials containing more than one-percent asbestos shall be completed in accordance with Bay Area Air Quality Management District requirements and notifications. vi. Based on California Division of Occupational Safety and Health rules and regulations, the following conditions are required to limit impacts to construction workers.
vii. Prior to commencement of demolition activities, a building survey, including sampling and testing, shall be completed to identify and quantify building materials containing lead-based paint.
viii. During demolition activities, all building materials containing lead -based paint shall be removed in accordance with the California Division of Occupational Safety and Health Lead in Construction Standard, Title 8, California Code of Regulations, Section 1532.1, including employee training, employee air monitoring and dust control.
g. Hydrology Standard Permit Conditions:
i. Install burlap bags filled with drain rock around storm drains to route sediment and other debris away from the drains.
ii. Suspend earthmoving or other dust-producing activities during periods of high winds.
iii. Water all exposed or disturbed soil surfaces at least twice daily to control dust NVF:VMT:DJF
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as necessary.
iv. Water or cover stockpiles of soil or other materials that can be blown by the wind.
v. Cover all trucks hauling soil, sand, and other loose materials and maintai n at least two feet of freeboard on all trucks.
vi. Sweep all paved access roads, parking areas, staging areas and residential streets adjacent to the construction sites daily (with water sweepers). vii. Replant vegetation in disturbed areas as quickly as possible. viii. Fill with rock all unpaved entrances to the site to remove mud from tires prior to entering City streets. Install a tire wash system if requested by the City. ix. Comply with the City of San José Grading Ordinance, including implementing erosion and dust cont rol during site preparation and with the City’s Zoning Ordinance requirements for keeping adjacent streets free of dirt and mud during construction.
h. Noise Standard Permit Conditions:
i. Limit construction hours to between 7:00 a.m. and 7:00 p.m., Monday through Friday, unless permission is granted with a development permit or other planning approval. No construction activities are permitted on the weekends at sites within 500 feet of a residence.
ii. Construct solid plywood fences around ground level construction sites adjacent to operational businesses, residences, or other noise-sensitive land uses. iii. Equip all internal combustion engine-driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment. iv. Prohibit unnecessary idling of internal combustion engines. v. Locate stationary noise- generating equipment such as air compressors or portable power generators as far as possible from sensitive receptors.

Construct temporary noise barriers to screen stationary noise -generating equipment when located near adjoining sensitive land uses. vi. Utilize “quiet” air compressors and other stationary noise sources where technology exists.
vii. Control noise from construction workers’ radios to a point where they are not audible at existing residences bordering the project site. viii. Notify all adjacent business, residences, 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 (if applicable).

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ix. If complaints are received or excessive noise levels cannot be reduced using the measures above, erect a temporary noise control blanket barrier along surrounding building facades that face the construction sites. x. Designate a “disturbance coordinator” who shall be responsible for responding to any complaints about construction noise. The disturbance coordinator shall determine the cause of the noise complaint (e.g., bad muffler, etc.) and shall require that reasonable measures be implemented to correct the problem.

Conspicuously post a telephone number for the disturbance coordinator at the construction site and include it in the notice sent to neighbors (if applicable) regarding the construction schedule.

24. Housing. This development is subject to the City’s Commercial Linkage Fee (CLF) and each of the conditions below:
a. Permittee must strictly comply with 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 may issue until an Agreement is recorded against the property.

No building permit 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. d. For Office or R/D Projects adding more than 100,000 square feet and have selected the secured deferred payment option the following applies: Prior to issuance of any building permits, the permittee must execute an agreement regarding deferred payment specifying the security to be provided and pay 20% of the fee, Prior to the scheduling of final building inspection, those projects must pay another 20% of the fee and submit the letter of credit or payment bond securing the outstanding amount for approval.

25. Airport Conditions.
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 from 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 conditions of the FAA determinations (if issued) such as height specifications, rooftop marking/lighting, construction 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 NVF:VMT:DJF
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NAD83 datum out to hundredths 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 identified in the Determinations of No Hazard (if issued), e.g., installation of roof-top obstruction lighting or construction- related notifications.
d. Construction Cranes. Prior to issuance of any Building Permit for construction, the Subdivider shall coordinate with the San Jose Airport Department to sign a Construction Crane Agreement and provide a crane fee deposit for the expected duration project will operate construction cranes above the Downtown Building Height Limits. Compliance shall become a condition of Building Permit issuance for construction. Contact San José Airport 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 aviation. Contact San Jose Airport Department at (408) 392-1193, prior to preparing a solar glare hazard analysis report.

26. 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, T 21-005 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 Reach Code Ordinances apply to this project and all requirements shall be met. For more information, please visit www.sjenvironment.org/reachcode.
c. Americans with Disabilities Act. The Permittee shall provide appropriate access as required by the Americans with Disabilities Act (ADA). d. Emergency Address Card. The project Permittee shall file an Emergency Address Card, Form 200-14, with the City of San José Police Department. e. Construction Plan Conformance. A project construction plan conformance review by the Planning Division is required. Planning Division review for project conformance begins with the initial plan check submittal to the Building Division.

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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Prior to any building permit issuance, building permit plans shall 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 Permittee shall provide a self -certified statement to 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 Building Permit, the following requirements shall be met to the satisfaction of the Chief Building Official: The project Permittee shall submit an addressing plan for approval fo r the subject development. The addressing plan should include proposed street names for the streets (as referenced on an approved tentative map) and the type of addressing (i.e., individual street addresses as compared to unit number off of a primary street).
h. Other. Such other requirements as may be specified by the Chief Building Official.

27. Bureau of Fire Department Clearance for Issuing Permits. Prior to the issuance of a Building Permit, the project must comply with the 2019 California Fire Code, or as may be amended or updated by the City.

28. Public Works Clearance for Building 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 Construction Agreement that guarantees the completion of the public improvements to the satisfaction of the Director of Public Works. This agreement includes privately engineered plans, bonds, insurance, a completion deposit, and engineering and inspection fees. b. Transportation:
i. A Transportation Analysis (TA) has been performed for the subject project based on a net new 1,643 AM and 959 PM peak hour trips. See separate Traffic Memo dated 3/24/22 for additional information. The following conditions shall be implemented:
(i) Implement the following multimodal physical mitigation measures to reduce the project employee VMT and partially mitigate the VMT impact:
(a) Pedestrian Network Improvements
(i) Remove the pork-chop islands at all four (4) corners of the Junction Avenue and Brokaw Road intersection.

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Item No.: 10.3 (b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
(ii) Modify the signal phasing on Junction Avenue from permitted to protected phases. Both measures will help improve pedestrian safety and access crossing the roadways.
(b) Bike Access Improvements
(i) Implement Class IV protected/buffered bicycle lanes along Brokaw Road and Junction Avenue of the opposing side or beyond the project frontages per San Jose Better Bike Plan 2025.
(ii) Complete protected bike intersection improvements at the Junction Avenue and Brokaw Road intersection.
(c) Increase Transit Accessibility
(i) Relocate the existing Route 60 bus stop from the current location east of Rogers Avenue to w est of Junction Avenue (on the far side of westbound Brokaw Road).
(ii) Construct sidewalk on the north side of Brokaw Road for pedestrian connectivity to the bus stop and the Junction Avenue/Brokaw Road intersection.
(d) Improve Network Connectivity
(i) Implement crosswalks and signalize the southern project driveway on Junction Avenue.
(e) Provide End of Trip Facilities
(i) Provide on-site shower facilities with lockers for bicyclists. (ii) Provide a TDM plan prior to Planning Permit approval for the VMT impact mitigation and 10% parking reduction for the following measures:
(a) Alternative schedule of a 4-day/40-hour work week with at least 50% of employee participation or
(b) Operate a Free Direct Shuttle with at least 20% of employee participation or
(c) Subsidize 100% of the cost of vanpools with at least 15% of employee participation
(d) and On-site TDM Coordinator
(e) Provide a TDM plan prior to Planning Permit approval. Include annual monitoring requirement establishing an average daily trip (ADT) cap of 1,841 gross AM peak -hour trips and 1,825 gross PM peak -hour trips.

The annual monitoring report must demonstrate the project is within 10% of the ADT trip cap and must be prepared by a traffic engineer.

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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
(iii) If the project is not in conformance with the trip cap, the project may add additional TDM measure to meet the trip cap. A follow up report will be required within six months. If the project is still out of conformance, penalties will be assessed. See Council Policy 5-1.
(iv) Request the City Council to adopt a Statement of Overriding Considerations for the significant impact on VMT as part of an EIR certification.
(v) Pay the VMT Impact Overriding Fee for the proposed 2,000,000 s.f. of office (or approximately 6,667 employees) prior to the issuance of Building Permits. The fee is subject to an annual escalation on January 1st in line with the Engineering News -Record Construction Cost Index (ENR CCI). The current 2022 fee is $3,693 per unmitigated VMT per employee.
(vi) Pay the US -101/Oakland/Mabury TDP traffic impact fee for the 76 project PM peak hour trips to the interchange intersections prior to the issuance of Building Permits. The fee is subject to an annual escalation on January 1st in line with the ENR CCI. The current 2022 fee is $43,696 per new PM peak hour vehicle-trip.
(vii) Lengthen the northbound left -turn pocket from 150 -feet to 300- feet at the intersection of Junction Avenue and Brokaw Road.
(viii) Implement a second westbound left -turn pocket along Brokaw Road at the intersection of Brokaw Road/Junction Avenue.
(i) Provide a minimum length of 600- feet of storage capacity for each westbound left-turn lane.
(ii) Implement a second receiving lane along southbound Junction Avenue.
(ix) Implement two (2) southbound left-turn pockets along Junction Avenue into the signalized project driveway, providing a minimum length of 325- feet of storage capacity per lane.
(x) Implement all curb returns along the on-site roadways to be a minimum of 30-feet to accommodate truck circulation movements.
(xi) Install removable bollards at the emergency vehicle access (EVA) roadway entrances at Junction Avenue and “A” Circle.
(xii) Construct Class IV protected bike lanes along the project frontages along Junction Avenue and Brokaw Road per San Jose Better Bike Plan 2025.
(xiii) Coordinate with VTA on the implementation of bus stop improvements along Brokaw Road project frontage.

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Item No.: 10.3 (b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
ii. This project is subject to the City's US -101/Oakland/Mabury Transportation Development Policy (TDP). The US -101/Oakland/Mabury TDP requires new residential and commercial developments that generate vehicular trips at either of the Policy Interchanges to pay a Traffic Impact Fee (TIF) towards the upgrade of US-101/Oakland Interchange and construction of US -101/Mabury Interchange. The 2022 TIF is $43,696 for each project peak hour trip that travels through either the US -101/Oakland or US -101/Mabury Interchanges.

This fee is subject to an annual escalation on January 1st per the Engineering News-Record Construction Cost Index for San Francisco. The project is expected to generate 76 PM peak hour trips to the TDP interchange intersections and will be required to pay the US-101/Oakland/Mabury TDP TIF. c. Grading/Geology:
i. A grading permit is required prior to the issuance of a Public Works Clearance. ii. All on-site storm drainage conveyance facilities and earth retaining structures 4 foot in height or greater (top of wall to bottom of footing) or is being surcharged (slope of 3:1 or greater abutting the wall) shall be reviewed and approved under Public Works grading and drainage permit prior to the issuance of Public Works Clearance. The drainage plan should include all underground pipes, building drains, area drains and inlets. The project shall provide storm drainage calculations that adhere to the latest California Plumbing Code as adopted under the City of San Jose Municipal Code Section 2 4.04.100 or submit a stamped and signed engineered design alternative for Public Works discretionary approval and must be designed to convey a 10-year storm event. iii. If the project proposes to haul more than 10,000 cubic yards of cut/fill to or from the project site, a haul route permit is required. Prior to issuance of a grading permit, contact the Department of Transportation at (408) 535 -3850 for more information concerning the requirements for obtaining this permit. iv. Because this project involves a land di sturbance 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 discharges associated with construc tion activity. Copies of these documents must 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 must be submitted to, reviewed and approved 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 investigation should be consistent with the guidelines published by the State of California (CGS Special Publication 117A) and the Southern California Earthquake Center (SCEC, 1999). A NVF:VMT:DJF
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
recommended depth of 50 feet s hould be explored and evaluated in the investigation.
d. Stormwater Runoff Pollution Control Measures: This project must comply with the City’s Post-Construction Urban Runoff Management Policy (Policy 6-29) which requires implementation of Best Management Practices (BMPs) which includes site design measures, source controls and numerically -sized Low Impact Development (LID) stormwater treatment measures to minimize stormwater pollutant discharges.
i. The project’s Stormwater Control Plan and numeric sizing calcul ations have been reviewed and this project shall be in conformance with City Policy 6-29. ii. Final inspection and maintenance information on the post -construction treatment control measures must be submitted prior to issuance of a Public Works Clearance.
iii. A post construction Final Report is required by the Director of Public Works from a Civil Engineer retained by the owner to observe the installation of the BMPs and stating that all post construction storm water pollution control BMPs have been installed as indicated in the approved plans and all significant changes have been reviewed and approved in advance by the Department of Public Works.
e. 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). f. Flood: Zone D and X:
i. The project site is not within a designated Federal Emergency Management Agency (FEMA) 100-year floodplain. Flood Zone D is an unstudied area where flood hazards are undetermined, but flooding is possible. There are no City floodplain requirements for Zone D.
ii. The project site is not within a designated Federal Emergency Management Agency (FEMA) 100-year floodplain. Flood Zone X is an area of moderate or minimal flood hazard. Zone X is used on new and revised maps in place of Zones B and C. There are no City floodplain requirements for Zone X.

g. Sewage Fees: In accordance with City Ordinance all storm sewer area fees, sanitary sewer connection fees, and sewage treatment plant connection fees, less previous credits, are due and payable.
h. Reimbursement: The developer will be required to reimburse the City for costs advanced for the construction of street improvements along Junction Av enue in accordance with City Ordinance #19663.

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Item No.: 10.3 (b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
i. Assessments:
i. This project is located within the boundaries of Maintenance District 11, which maintains the enhanced street island landscaping along a portion of Brokaw Rd. and Old Oakland Rd. Benefitting properties within the district pay for the maintenance through annual assessments placed on the County property tax bills, which are adjusted annually by the Consumer Price Index. The 2021-22 assessment is calculated at approximately $351 to $439 per acre minus any credits. Future year assessments will continue to be collected through the County property tax bills listed under Tax Code 0934 "SJ-MAINT DIST #11". ii. Prior to final map recordation, the applicant must do one of the following:
(i) Pay off existing assessments in full; or
(ii) Complete and submit an amended assessment diagram (segregation map). j. Street Improvements:
i. Per VMT mitigation requirements and as required by the Director of Public Works, the Applicant/Project Proponent shall submit a conceptual traffic signal plan(s) showing existing signal components to determine signal modification requirements for the two signalized locations along the project’s frontages below prior to submitting public improvement plans to the Public Works Project Engineer.
(i) (1) Full-access, signalized ingress/egress location along Junction Avenue project frontage.
(ii) (2) The East Brokaw Road/Junction Avenue intersection, which accounts for the removal of all pork chop islands and dual westbound left turns per the VMT mitigation requirements.
(iii) Applicant will construct necessary improvements to support the traffic signal modification at the East Brokaw Road/Junction Avenue intersection to implement protected intersection elements for protected Class IV bike lanes.
ii. Construct 12-foot-wide City Standard attached sidewalk with tree wells spaced 40 feet on center along East B rokaw Road project frontage. Provide approximately 2 -foot street easement dedication to accommodate the new sidewalk width. The recommended street tree species is Tilia tomentosa. iii. Construct 10-foot-wide City Standard attached sidewalk with tree wells spaced 30 feet on center along Junction Avenue project frontage. The recommended street tree species is Lophostemon confertus.
iv. If street tree locations conflict with existing utilities, developer shall be solely responsible for relocating or adjusting utilities as necessary to resolve conflict. v. Construct one (1) full -access, signalized 32-foot-wide City standard driveway, NVF:VMT:DJF
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
one (1) right-in/right-out only 26-foot-wide City standard driveway, and one (1) EVA access only 26 -foot wide driveway along Junction Avenue project frontage.
vi. Construct two (2) right -in/right-out only 26- foot-wide City standard driveways along East Brokaw Road project frontage.
vii. Provide on-street plastic vertical delineators along the Junction Avenue project frontage emergency vehicle access (EVA) driveway.
viii. At implementation, public improvement plans shall reflect removal of all four (4) existing pork chop islands at the Junction Avenue/Brokaw Road signalized intersection as part of Vehicle Miles Traveled (VMT) mitigation requirements to enhance pedestrian connectivity.
ix. Reconstruct the existing raised median island along the Brokaw Road frontage as part of the signal modification work at the Junction Avenue/Brokaw Road signalized intersection and the Brokaw Road/Main Project driv eway intersection.
x. Construct Class IV bike lanes per the CSJ Better Bike Plan 2025 along the East Brokaw Road and Junction Avenue project frontages per the following:
(i) Brokaw Rd: 5-foot raised median, 7-foot bikeway
(ii) Junction Ave: 3-foot raised median, 7-foot bikeway xi. Protect the existing fiber optic communication line along the East Brokaw Road frontage.
xii. Developer shall install conduit and fiber optic cable between Brokaw/Junction and new traffic signal along Junction (approx. 1000 feet) for signal communications.
xiii. Close unused driveway cut(s).
xiv.Developer shall be responsible for adjusting existing utility boxes/vaults to grade, locating and protecting the existing communication conduits (fiber optic and copper) along the project frontage.
xv. Dedication and improvement of the public streets to the satisfaction of the Director of Public Works.

xvi.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 included as part of the final street improvement plans.
k. Electrical: Existing electroliers along the project frontage will be evaluated at the public improvement stage and any street lighting requirements will be included on NVF:VMT:DJF
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
the public improvement plans.
l. Street Trees: The locations of the street trees will be determined at the street improvement stage. Contact the City Arborist at (408) 794-1901 for the designated street tree. Install street trees within public right-of-way along entire project street frontage per City standards; refer to the current “Guidelines for Planning, Design, and Construction of City Streetscape Projects”. Street trees shall be installed in park strip.
m. Referrals: This project should be referred to the California Department of Transportation (CalTrans: email LDIGR [email protected] to the attention to Mark Leong, Local Development Brand Chief), Valley Transportation Authority (VTA) for coordination of existing bus stop improvements along Brokaw Road frontage and the far-side of Brokaw Road/Junction Avenue, and San Jose Water Company.

29. Construction Disturbance Coordinator . Rules and regulation pertaining to all construction activities and limitations identified in this Permit, along with the name and telephone number of a permittee- appointed disturbance coordinator, shall be posted in a prominent location at the entrance to the job site.

30. 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. H21-005 has expired and all appeals have been exhausted.

31. 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 with development and a part of this 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 frontage shall be improved or bonded to be improved to the satisfaction of the Director of Public Works. c. All grading, drainage, and easements for 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 improvements necessary for mitigation of impacts brought about by this project shall be apportioned 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.

32. Revocation, Suspension, Modification . This Vesting Tentative Map is subject to revocation, suspension or modification for violation of any of its provisions or conditions.

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Item No.: 10.3 (b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

In accordance with the findings set forth above, a Vesting Tentative Map is hereby approved.

ADOPTED this ____ day of ________ 2023, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

____________________________

MATT MAHAN
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.

EXHIBIT A – LEGAL DESCRIPTION
Real property in the City of San Jose, County of Santa Clara, State of California, described as follows:

PARCEL 2, AS SHOWN UPON THAT CERTAIN ENTITLED, "PARCEL MAP BEING A PORTION OF LOT 7 OF CRESCENT FARM SUBDIVISION AND LYING WITHIN THE CITY OF SAN JOSE, CALIFORNIA", WHICH

MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON SEPTEMBER 14, 1976 IN BOOK 379 OF MAPS, AT PAGE 27.

EXCEPTING THEREFROM THAT PORTION OF LAND GRANTED TO THE SANTA CLARA VALLEY TRANSPORTATION AUTHORITY IN THAT CERTAIN GRANT DEED RECORDED MAY 03, 2011 AS INSTRUMENT NO, 21163394, SANTA CLARA COUNTY OFFICIAL RECORDS.

APN: 237-08-079
EXHIBIT "A"
(File Nos. H21-005; T-21-005)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

San Jose City CouncilFebruary 28, 2023

San Jose City Council
February 28, 2023