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RESOLUTION NO.____
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
JOSE APPROVING, SUBJECT TO CONDITIONS , A SITE
DEVELOPMENT PERMIT TO ALLOW THE DEMOLITION
OF AN EXISTING APPROXIMATELY 213,626- SQUARE
FOOT COMMERCIAL BUILDING AND THE REMOVAL OF
274 TREES (210 ORDINANCE-SIZE, 64 NON-ORDINANCE-
SIZE) 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 AN APPROXIMATELY 19.70- GROSS ACRE SITE,
LOCATED ON THE SOUTHEAST CORNER OF EAST
BROKAW ROAD AND JUNCTION AVENUE ( 550 EAST
BROKAW ROAD) (APN: 237-08-079)
FILE NO. H21-005
WHEREAS, pursuant to the provisions of Chapter 20.100 of Title 20 of the San José Municipal Code, on March 18, 20 21, an application (File No. H21-005) was filed by the owner and applicant, Bryon Wolf with Bay West Development, to the City of San José for a Site Development Permit to allow the demolition of an existing approximately 213,626-square foot commercial building and the removal of 274 trees (210 ordinance- size, 64 non- ordinance-size) 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 an approximately 19.70- gross acre site , 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 Public Hearing on said application 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 recommendations of the 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, “550 East Brokaw ” dated January 20, 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
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WHEREAS, said public hearing before the City Council was conducted in all respects as required by the San José Municipal Code and the rules of this City Council; and
WHEREAS, this City Council has heard and considered the testimony presented to it at the public hearing, and has further considered written materials submitted on behalf of the project applicant, City staff, and other interested parties;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCI L 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 ac re 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. The building was constructed in 1969 and modified in 1984 and 1995. 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 located with in the southeastern portion of the site.
Parking Garage 1 is located at the western end of the site, south of Buildings 1A and 1B. The office buildings are grouped around large open landscaped 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 al ong 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 combined 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 street 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 s outheast 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 existing lot parcel into four parcels. As indicated on the face of the Vesting Tentative Map, the subdivision may be phased. As conditioned in this Site Development Permit resolution and associated Vesting Tentative Map Permit resolution (File No. T21 -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 the associated Vesting Tentative Map Permit 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 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.
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 office project is consistent with the allowable uses of the Combined Industrial/Commercial land use designation, which allows for a wide variety of commercial and industrial uses. The allowable Floor to Area Ratio (FAR) is up to 12.0.
The FAR of the project would be approximately 4.31.
The project is consistent with the following General Plan Goals and Policies:
a. Major Strategy #4 – Innovation/Regional Employment Center: Emphasize economic development within the City to support San José’s growth as center of innovation and regional employment. Growing San José’s role as an employment center will enhance the City’s leadership role in North America, increase utilization of the regional transit systems, and support the City’s fiscal health. b. Land U se and Employment Policy IE -1.5: Promote the intensification of employment activities on sites in close proximity to transit facilities and other existing infrastructure, in particular within the Downtown, North San Jose, Berryessa International Business Park and Edenvale.
c. B usiness Growth and Retention Policy IE -2.7: Encourage business and property development that will provide jobs and generate revenue to support city services and infrastructure.
d. V ibrant Neighborhoods Policy VN -1.9: Cluster parking, make use of shared parking facilities, and minimize the visual impact of surface parking lots to the degree possible to promote pedestrian and bicycle activity and to improve the City’s aesthetic environment.
e. Co mmunity Design Policy CD- 1.17: Minimize the footprint and visibility of parking areas. Where parking areas are necessary, provide aesthetically pleasing and visually interesting parking garages with clearly identified pedestrian entrances and walkways. Encourage designs that encapsulate parking facilities behind active building space or screen parked vehicles from view from the public realm. Ensure that garage lighting does not impact adjacent uses, and to the extent feasible, avoid impacts of headlights on adjacent land uses.
f. Co mmunity Design Policy CD- 1.23: Further the Community Forest Goals and Policies in this Plan by requiring new development to plant and maintain trees at appropriate locations on private property and along public street frontages. Use trees to help soften the appearance of the built environment, help provide transitions between land uses, and shade pedestrian and bicycle areas. g. Land U
se Policy LU -1.1: Foster development patterns that will achieve a complete community in San José, particularly with respect to increasing jobs and economic development and increasing the City’s jobs -to-employed resident ratio while recognizing the importance of housing and a resident workforce.
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 NVF:DHZ:DJF
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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, with the provision of 1,924,110 square feet of office space. 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 improvements 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 of 479 (24-inch box) trees.
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
Front Setback (Building) 15 feet 17 feet (north), 15 feet (west) Front Setback (Parking) 20 feet 20 feet (west)
Front Setback (Loading Docks) 60 feet 60 feet
Side Setback 0 feet 57 feet (east), 40 feet
(southeast), 15 feet
(southwest)
Rear Setback 0 feet 41 feet (south)
Maximum Height 120 feet (Pursuant to
Section 20.85.020
)
120 feet
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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.C.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 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. A total of 5,415 vehicle parking spaces are provided, 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
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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, the project is required to provide 409 bicycle parking spaces. A total of 477 bicycle parking spaces are provided, exceeding the requirement.
Noise Standards
Noise Standards
Maximum Noise Level in Decibels at
Property Line
Industrial use adjacent to a property
used or zoned for commercial
purposes
60 decibels
Industrial use adjacent to property
used or zoned for industrial or use
other than commercial or residential
purposes
70 decibels
Analysis: Pursuant to Section 20.50.300 of the Zoning Code, the maximum allowable noise level (in decibels) for industrial uses adjacent to properties used or zoned for commercial purposes is 60 decibels. The maximum allowed noise level for properties used or zoned for industrial or uses other than commercial/residential purposes is 70 decibels. To determine noise impacts of the proposed use, a Noise Study was prepared by Illingworth and Rodkin, dated July 7, 2021. The noise study measured general operational noise from each building to each property line. Operational noise studied included mechanical equipment, testing of emergency backup generators, and truck deliveries. With the inclusion of the 17- foot-high rooftop parapet wall, the noise generated from the proposed rooftop equipment and testing of emergency generators would not exceed 60 decibels at any of the adjacent property lines. The noise study also considered truck delivery operations, including maneuvering activities. Given the shielding of the loading areas by the loading docks and buildings, and the distance to adjacent properties, truck deliveries would not exceed 56 decibels at any property line. Therefore, the project conforms with all noise requirements of the Zoning Code.
Tree Removals
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Tree Replacement Ratios
Circumference of
Tree to be Removed
1 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 Analysis: Based on the arborist report prepared by HortScience and Bartlett Consulting, dated December 15, 2021, the project includes the removal of 274 trees. Of the trees to be removed, 210 are ordinance-size and 64 are non-ordinance-size. The trees to be removed are located either within the proposed building footprints, within the newly dedicated sidewalks, within the path of new private streets/driveways. 27 trees would be preserved on-site. The trees to be removed would be replaced at the required ratios based on the tree mitigation table above. There are 211 non-native trees to be removed which are 38-inches or greater in circumference requiring a replacement ratio of 4 to 1.
There are 51 non-native trees to be removed which are 19 to 38-inches in circumference requiring a replacement ratio of 2 to 1. There are 12 non- native trees to be removed which are less than 19 inches in circumference requiring a replacement ratio of 1 to 1.
Therefore, the project requires the replacement of either 958 (15-gallon) or 479 (24-inch box) trees on site. Based on the landscaping plan provided, the project includes the planting of 508 (24-inch box) trees on site, exceeding the mitigation requirement. Trees to be planted on site include a mix of California Buckeye, Marina Strawberry, California Incense-cedar, Western Redbud, Autumn Gold Maidenhair, Ironwood, Brozzoni Saucer Magnolia, Broad-leaved Paperbark, Blue Palo Verde, Canary Island Pine, Chinese Pistache, London Planetree, Fremont Cottonwood, Kwanzan Flowering Cherry, Silver Linden, and Brisbane Box trees.
5. City Council Policy 6 -30: Public Outreach Policy for Pending Land Use Development Proposals
Staff followed Council Policy 6-30: Public Outreach Policy in order to inform the public of the proposed project. A 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. 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 NVF:DHZ:DJF
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to questions from the public.
6. Design Guidelines
The project was submitted on March 18, 2021, prior to the effective date of the Citywide Design Standards and Guidelines on March 25, 2021. The North San Jose Urban Design Guidelines were adopted by City Council on June 8, 2010. As the project site is within the boundaries of the North San Jose Development Policy Area, it is subject to the following provisions of the North San Jose Urban Design Guidelines. • Site Planning
o Encourage the subdivision of large blocks into smaller blocks with additional streets, paseos, and pathways for improved connectivity and orientation o All blocks should have either public or publicly accessible streets or paseos surrounding them.
o Connect streets, paseos, and pathways to the larger public street network and to the open space system.
Analysis: To support the development of the seven office buildings, the project incorporates both private streets and paseos to improve both vehicular and pedestrian access to the site. Both the private streets and paseos would have direct connections to public streets (either East Brokaw Road and/or Junction Avenue). The new private streets would run in a generally no rth-south grid pattern. The main pedestrian paseo would begin at the northwest portion of the site, nearest the intersection of East Brokaw Road and Junction Avenue and would run diagonally through the site to connect pedestrians to each of the office buildings. Smaller, paseos would further connect pedestrians to the internal portions of the site.
• Mid-Block Connections
o The width of a mid-block connection should range between 20 and 40 feet. o Include building entrances on mid-block pathways as well as on streets. o Variations in materials, street furniture, and tree and plant species are encouraged if they add to the character and quality of the streetscape.
Analysis: The project includes a series of plazas connected by paseos that run diagonally through the site from northwest to southeast. Smaller north/south connections are provided to connect pedestrians to the buildings and parking structures on site. All paseos are a minimum of 45-feet wide. The plaza and paseos are fully landscaped with trees, shrubs, groundcover, seating, shade structures, and other amenities.
• Building Orientation and Siting
o Buildings should be oriented parallel to existing street and along the edges of NVF:DHZ:DJF
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a site to create a tight urban fabric.
o Maximize a building’s active spaces along its public street perimeter.
Analysis: The buildings that are located along East Brokaw Road and Junction Avenue are oriented parallel to each street. Additionally, the buildings that are located interior to the site are also oriented parallel to the private streets. In all cases, the primary building entries are located along either public or private streets. Other active spaces, including lobbies, meeting spaces, and amenity space are provided along the street facing portions of the buildings. • Plazas
o Plazas should be well-integrated into the site or building layout o Plazas should include amenities for daily use by employees and visitors such as lunchtime seating in both sunny and shaded areas.
Analysis: As discussed above the project includes the development of a large plaza at the northwest corner of the site, nearest the intersection of East Brokaw Road and Junction Avenue. Other large and mid- size plazas are provided in the central and eastern portion of the site between each office building. The plazas are fully landscaped with trees, shrubs, groundcover, seating, shade structures, and other amenities.
• Building Articulation
o Encourage horizontal and vertical building articulation through changes in building volumes, recesses, balconies, awnings, textures, materials, and colors.
o Office and mixed-use buildings should have a clearly articulated ground floor and roof zone. Buildings over 65 feet should have a distinguishable base, middle, and top zone.
Analysis: The building architecture includes the three traditional parts, including a base, middle, and top. The ground floor is dominated by the primary entryways, which are broken up with vertical columns and are highlighted with canopies. The middle levels of the buildings are differentiated from the lower and upper levels with changes in materials and the inclusion of different vertical elements to break up the long glass walls. The upper levels of the buildings are defined by stepbacks, which further break up the massing.
The areas where stepbacks occur are utilized as outdoor amenity spaces for use by office workers and visitors.
• Building Frontages and Entries
o Main entries should be visually prominent and should be oriented to a public street or pathway.
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street, pathway, or paseo as well as onto a public street. o Minimize the visual impact of service areas and garage entrances by locating them behind buildings and away from public streets and pathways.
Analysis: As discussed above, the primary entrances of the street facing buildings are located directly on the street. The 19- foot-high entryways are accentuated with canopies and are clearly visible. Secondary building entrances are accessed from the site internally, either from private streets, paseos, or plazas. All service areas are located away from the street and would only be accessible from internal private streets. • Building Design and Materials
o Mechanical units on roofs should not be visible from the street level. Provide screening if units are visible from taller buildings.
Analysis: The majority of rooftop equipment is located within the enclosed penthouses of each building. All other outdoor rooftop equipment is fully screened with the parapet and screening devices with similar materials as the penthouse enclosure.
• Structured Parking
o Locate parking structures at the side and/or rear of buildings, away from the street edge; or, provide a high-quality, multi-layered architectural façade that integrates the parking structure into its adjacent street frontage. o If not wrapped with habitable space, the parking garage floor should be placed no less than 4 feet below grade of the adjacent sidewalk, and the above grade portion should be well-screened with architectural elements such as stoops, entryways, planters, or other features that are integrated into the overall building design.
Analysis: Garage 1, located at the western portion of the site, along Junction Avenue. Garage 2 is located in the southeast corner of the site and would not be visible from the public streets. The garage facades are screened with similar architectural elements as the office buildings, including long vertical columns broken up with horizontal elements in between.
• Bicycle Parking
o Provide adequate and easily accessed bicycle parking in buildings, in open spaces, and along streets and shared pathways.
o Include shower and changing facilities as applicable through the City’s Zoning Code.
Analysis: As discussed above, the project exceeds the required amount of bicycle parking per Chapter 20.90 of the Zoning Code. Bicycle storage rooms are provided on the ground floor of each building. Additional short term bicycle NVF:DHZ:DJF
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parking spaces are provided outside of primary and secondary entrances. In conformance with Section 20.90.066 of the Zoning Code, the project also provide a total of 33 showers and changing rooms among the seven buildings.
7. 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 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 management 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) materials 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 M M TRN-
1.1 through 1.3 for off -site improvements and implementation of a Transportation Demand Management plan. The project, without mitigation would have a 15 VMT per employee level. The project, after mitigation, would result in a 12.30 VMT per employee which would exceed the City’s threshold of 12.21 VMT per employee.
Alternatives to the Proposed Project
In accordance with CEQA, the EIR identified 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 the No Project -No Development Alternative, No Project, Redevelopment Project, and Industrial Development Alternative. The No Project -No Develo pment Alternative would avoid all project impacts and therefore is considered to be environmentally superior. Pursuant to CEQA Guidelines Section 15126.6(e)(2), when the No Project Alternative 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 NVF:DHZ:DJF
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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 (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.
• P rovide 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 NVF:DHZ:DJF
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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 project 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.
• Increase Economic Development: The Project will advance 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.
• F
urther Envision San José 2040 General Plan Strategies, Goals, and Policies:
o 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.
o Land U
se and Employment Policy IE -1.5: The redevelopment of the site would provide a high- intensity commercial office development 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 will weigh each of the above benefits of the proposed project against its unavoidable environmental risks and adverse environmental effects identified in the EIR to determine if those benefits outweigh the risks and adverse environmental effects of the Project.
8. Site Development Permit Findings. Section 20.100.630 of the San José Municipal Code specifies the required findings for the approval of a Site Development Permit. a. The Site Development Permit, as approved, is consistent with and will further the policies of the General Plan and applicable specific plans and area development policies.
Analysis: The project is consistent with the General Plan land use designation of Combined Industrial/Commercial. Office uses are permitted within the land use designation. The allowable Floor to Area Ratio (FAR) is up to 12.0. The FAR of the project would be approximately 4.31. The project is consistent with General Plan NVF:DHZ:DJF
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policies regarding regional employment, land use and employment, business growth and retention, vibrant neighborhoods and community design. b. The Site Development Permit, as approved, conforms with the zoning code and all other provisions of the San José Municipal Code applicable to the project.
Analysis: The project conforms with all applicable development and noise standards of the CIC Combined Industrial/Commercial Zoning District. The maximum allowed height is 120 feet. All buildings are 120-feet high. The project provides all required vehicle, bicycle, and motorcycle parking in conformance with Chapter 20.90 of the Zoning Code. 5.234 vehicle parking spaces are required, and 5,415 spaces are provided. 105 motorcycle parking spaces are required, and 107 spaces are provided. 409 bicycle parking spaces are required, and 477 spaces are provided.
The project provides the required number of replacement trees in conformance with the City’s tree removal mitigation requirements. Based on the Nosie Study prepared by Illingworth and Rodkin, dated July 7, 2021, the project operations would not exceed the noise requirements for a property in an industrial zoning district. c. The Site Development Permit, as approved, is consistent with applicable City Council Policies or counterbalancing considerations justify the inconsistency.
Analysis: 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. 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.
d. The interrelationship between the orientation, location, and elevations of proposed buildings and structures and other uses on- site are mutually compatible and aesthetically harmonious.
Analysis: Each of the seven buildings and two parking structures are similar in design and massing and represent a coherent architectural theme. The three buildings (Buildings 1A, 2, and 3A) that have frontage along the street are oriented towards the street, with secondar entrances provided at the interior open space and paseos. The four buildings (Buildings 1B, 3B, 4A, and 4B) that are located interior to the site, are oriented towards the private streets, with secondar access provided along the interior open spaces and paseos. The parking garage (Garage 1) along Junction Avenue is also oriented towards the street, with the short end facing Junction Avenue to limit the overall visibility of the parking garage. Similarly, the second parking garage (Garage 2) is located at the southeast corner of the site where it is screened from the public right-of-way. All buildings maintain a consistent height, with no buildings exceeding 135 feet. As discussed above, the project is consistent with the North San Jose Urban Design Guidelines.
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e. The orientation, location and elevation of the proposed buildings and structures and other uses on the site are compatible with and are aesthetically harmonious with adjacent development or the character of the neighborhood.
Analysis: While the subject site is surrounded by a mix of single-story industrial and commercial uses, the site is within a growth area (North San Jose Area Development Policy), which supports high intensity job growth, including the construction of high and midrise office buildings. The project would be similar in height and massing to other recently approved and constructed projects in the vicinity, including the seven story office buildings located at 100 East Brokaw Road approximately ½ mile away.
f. The environmental impacts of the project, including but not limited to noise, vibration, dust, drainage, erosion, storm water runoff, and odor which, even if insignificant for purposes of the California Environmental Quality Act (CEQA), will not have an unacceptable negative affect on adjacent property or properties.
Analysis:
All identified environmental impacts related to noise, vibration, dust, drainage, erosion, storm water runoff, and odor are temporary and would only occur during construction. The office is use not anticipated to generate unacceptable odor, water runoff, drainage, erosion, vibration or noise impacts to surrounding properties.
Stormwater, erosion, and drainage on- site would be treated in conformance with Public Works requirements, as conditioned in the Permit. Noise generated by the office use would be primarily from the traffic to and from the office and mechanical equipment; which found to not substantially increase the existing ambient noise in the area.
To ensure the construction would not have an unacceptable negative effect on adjacent properties, the project will implement a hazards and hazardous waste mitigation measure to ensure soil management practices are applied to the construction activities if pesticide contaminated soil s are found above regulatory screening levels. Additionally, the project includes a mitigation measure to prepare a noise logistics plan to reduce surrounding temporary construction noise impacts on surrounding neighbors. This Special Use Permit includes s tandard permit conditions regarding construction -related air quality, construction- related noise, construction-related water quality, asbestos and lead- based paint, and seismic hazards.
The project requires a Statement of Overriding Considerations for the significant unavoidable VMT impacts of the project. As discussed in the CEQA analysis below, the project benefits including providing approximately 6,404 jobs, multimodal and public improvements, increased economic development, and furthering the major strategies of the General Plan outweigh the identified VMT impacts. g. Landscaping, irrigation systems, walls and fences, features to conceal outdoor activities, exterior heating, ventilating, plumbing, utility and trash facilities are sufficient to maintain or upgrade the appearance of the neighborhood.
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Analysis: The project includes a detailed landscaping plan for the 19.70-gross acre site. All areas not covered by necessary private streets, driveways, parking, or utilities would be fully landscaped with a mix of trees, shrubs, groundcover, seating, lighting, and other landscape elements. All loading, trash, and utility rooms would be located interior to the buildings and would be fully screened from view. All rooftop equipment would be fully screened from view by the parapet. Any changes to the rooftop mechanical equipment screening would require the issuance of a permit adjustment, as conditioned in this Site Development Permit Resolution. h. Traffic access, pedestrian access and parking are adequate.
Analysis: Vehicular access to the site would be from East Brokaw Road and Junction Avenue. Regional vehicular access would be provided from Interstate 880, located approximately 415 feet to the east. Pedestrian access would be provided from East Brokaw Road and Junction Avenue. 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 improvements 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. VTA Route 60 bus stops are located directly in front of the project site along East Brokaw Road. The project provides all required vehicle, bicycle, and motorcycle parking in conformance with Chapter 20.90.
9. Tree Removal Permit Findings. Section 13.32.100 of the San José Municipal Code specifies the required findings for live tree removals. a. That the condition of the tree with respect to disease, danger of falling, proximity to an existing or proposed structure, and/or interference with ut ility services, is such that preservation of the public health or safety requires its removal. b. That the location of the tree with respect to a proposed improvement unreasonably restricts the economic development of the parcel in question; or Analysis: Based on the arborist report prepared by HortScience and Bartlett Consulting, dated December 15, 2021, the project includes the removal of 274 trees. Of the trees to be removed, 210 are ordinance -size and 64 are non - ordinance-size. The trees proposed to be rem oved are located either within the proposed building footprints, within the newly dedicated sidewalks, within the path of new private streets/driveways. 27 trees would be preserved on- site. The trees to be removed would be replaced at the required ratios based on the tree mitigation table in the Zoning Conformance section above. 211 non- native trees to be removed would be 38-inches or greater in circumference requiring a replacement ratio of 4 to 1. 51 non -native trees to be removed would be 19 to 38 -inches in circumference requiring a replacement ratio of 2 to 1. 12 non- native trees to be removed would be less than 19 inches in circumference requiring a replacement ratio of 1 to 1. Therefore, the project requires the replacement of either 958 (15 - NVF:DHZ:DJF
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gallon) or 479 (24-inch box) trees on site. Based on the landscaping plan provided, the project includes the planting of 508 (24- inch box) trees on site, exceeding the mitigation requirement. Trees to be planted on site include a mix of California Buckeye, Marina Strawberry, California Incense-cedar, Western Redbud, Autumn Gold Maidenhair, Ironwood, Brozzoni Saucer Magnolia, Broad-leaved Paperbark, Blue Palo Verde, Canary Island Pine, Chinese Pistache, London Planetree, Fremont Cottonwood, Kwanzan Flowering Cherry, S ilver Linden, and Brisbane Box trees.
10. Demolition Permit Findings . Chapter 20.80 of the San José Municipal Code establishes evaluation criteria for the issuance of a permit to allow demolition. a. The failure to approve the permit would result in the creation or continued existence of a nuisance, blight or dangerous condition;
b. The failure to approve the permit would jeopardize public health, safety or welfare; c. The approval of the permit should facilitate a project that is compatible with the surrounding neighborhood;
d. The approval of the permit should maintain the supply of existing housing stock in the City of San José;
e. Both inventoried and non -inventoried buildings, sites and districts of historical significance should be preserved to the maximum extent feasible; f. Rehabilitation or reuse of the existing building would not be feasible; and g. The demolition, removal or relocation of the building without an approved replacement building should not have an adverse impact on the surrounding neighborhood.
Analysis: The project includes the demolition of an approximately 213,626-square foot vacant commercial buildings. The building was previously occupied by Fry’s Electronics. The approval of the demolition permit would not result in the creation or continued existence of a nuisance, blight or dangerous condition as the existing building and associated parking lot are currently vacant. The failure to approve the permit would not jeopardize public health, safety or welfare as the project would consist of the construction of a new office campus that would provide employment and services to the surrounding area. The demolition permit would facilitate a project that is compatible with the surrounding neighborhood , which consists primarily of other commercial offic e and industrial park uses . As previously discussed, the project is consistent with all applicable General Plan goals and policies, zoning code requirements, applicable city council policies, and design guidelines. The demolition of the existing commercial building would facilitate the construction of seven office buildings and two associated parking structures and would provide significant employment growth within the North San Jose area. Given the scope of the project, the rehabilitation or reuse of any o f the existing buildings on -site would not be feasible. Based on the Historic Resource Assessment, prepared by Treanor HL on NVF:DHZ:DJF
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August 4, 2021, the existing building 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. Therefore, the demolition of the building would not result in the destruction of a historic resource. The demolition of any existing buildings on- site would not be approved until the filing of a grading or building permit application, whichever comes first, as conditioned in this Site Development Permit.
In accordance with the findings set forth above, a Site Development Permit to use the subject property for said purpose specified above and subject to each and all of the conditions hereinafter set forth is hereby granted . This City Council expressly declares that it would not have granted this Permit except upon and subject to each and all of said conditions, each and all of which conditions shall run with the land and be binding upon the owner and all subsequent owners of the subject property, and all persons who use the subject property for the use conditionally permitted hereby.
APPROVED SUBJECT TO THE FOLLOWING CONDITIONS:
1. Acceptance of Permit. Per Section 20.100.290(B), should the permittee fail to file a timely and valid appeal of this Site Development Permit (collectively “Permit”) within the applicable appeal period, such inaction by the permittee shall be deemed to constitute all of the following on behalf of the permittee:
a. Acceptance of the Permit by the permittee; and
b. Agreement by the permittee to be bound by, to comply with, and to do all things required of or by the permittee pursuant to all of the terms, provisions, and conditions of this Permit or other approval and the provisions of Title 20 of the San José Municipal Code applicable to such Permit.
2. Permit Expiration. This Permit shall automatically expire four (4) years from and after the date of issuance hereof by the City Council, if within such time period, the proposed use of the site or the construction of buildings (if a Building Permit is required) has not commenced, pursuant to and in accordance with the provision of this Permit. The date of issuance is the date this Permit is approved by the City Council. However, the Director of Planning may approve a Permit Adjustment/Amendment to extend the validity of this Permit in accordance with Title
20. The Permit Adjustment/Amendment must be approved prior to the expiration of this Permit.
3. Building Permit/Certificate of Occupancy. Procurement of a Building Permit and/or Certificate of Occupancy from the Building Official for the structures described or contemplated under this Permit shall be deemed acceptance of all conditions specified in this Permit and the Permittee's agreement to fully comply with all of said conditions. No change in the character of occupancy or change to a different group of occupancies as described in the Building Code shall be made without first obtaining a Certificate of Occupancy from the Building Official, as required under San José NVF:DHZ:DJF
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Municipal Code Section 24.02.610, and any such change in occupancy must comply with all other applicable local and state laws.
4. Sewage Treatment Demand. Pursuant to Chapter 15.12 of Title 15 of the San José Municipal Code, acceptance of this Permit by Permittee shall constitute acknowledgement of receipt of notice by Permittee that (1) no vested right to a Building Permit shall accrue as the result of the granting of this Permit when and if the City Manager makes a determination that the cumulative sewage treatment demand of the San José - Santa Clara Regional Wastewater Facility represented by approved land uses in the area served by said Facility will cause the total sewage treatment demand to meet or exceed the capacity of San José - Santa Clara Regional Wastewater Facility to treat such sewage adequately and within the discharge standards imposed on the City by the State of California Regional Water Quality Control Board for the San Francisco Bay Region; (2) substantive conditions designed to decrease sanitary sewage associated with any land use approval may be imposed by the approval authority; (3) issuance of a Building Permit to implement this Permit may be suspended, conditioned or denied where the City Manager makes a determination that such action is necessary to remain within the aggregate operational capacity of the sanitary sewer system available to the City of San José or to meet the discharge standards of the sanitary sewer system imposed on the City by the State of California Regional Water Quality Control Board for the San Francisco Bay Region.
5. Conformance to Plans. The development of the site and all associated development and improvements shall conform to the approved Site Development Permit plans entitled, “ 550 East Brokaw ” dated January 20, 2022, on file with the Department of Planning, Building and Code Enforcement (“Approved Plans”), and to the San José Building Code (San José Municipal Code, Title 24), with the exception of any subsequently approved changes.
6. Project Phasing. The project is permitted to be constructed in phases as shown in the Approved Plans and listed below . Any changes to the proposed phasing plan shall require the issuance of a Permit Adjustment to the satisfaction of the Director of Planning.
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 lot in the southeast corner of the site, with 29 surface parking stalls remaining.
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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. 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 resolution, 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.
8. Demolition Permit. A demolition permit may be issued for the demolition of all existing buildings on- site totaling approximately 213, 626 square feet only upon the submittal of a complete Public Works Grading Permit application or the submittal of a complete Building Permit application for new construction.
9. Timing of Tree Remo vals. Trees that are proposed for removal to accommodate new development shall not be removed until the related complete Public Works Grading Permit Application or Building Permit Application has been filed.
10. Tree Protection Standards. The applicant shall maintain the trees and other vegetation shown to be retained in this project and as noted on the Approved Plan Set. Maintenance shall include pruning and watering as necessary and protection from construction damage. Prior to the removal of any tree on the site, all trees to be preserved shall be permanently identified by metal numbered tags. Prior to issuance of the Grading Permit or removal of any tree, all trees to be saved shall be protected by chain link fencing, or other fencing type approved by the Director of Planning. Said fencing shall be installed at the dripline of the tree in all cases and shall remain during construction. No storage of construction materials, landscape materials, vehicles or construction activities shall occur within the fenced tree protection area. Any root pruning required for construction purposes shall receive prior review and approval and shall be supervised by the consulting licensed arborist. Fencing and signage shall be maintained by the applicant to prevent disturbances during the full length of the construction period that could potentially disrupt the habitat or trees.
11. Nuisance. This use shall be operated in a manner which does not create a public or private nuisance. Any such nuisance must be abated immediately upon notice by the City of San José.
12. Compliance with Local, State, and Federal Laws. The subject use shall be conducted in full compliance with all local, and, state, and federal laws.
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incorporated by reference in accordance with Chapter 20.100 of the San José Municipal Code.
14. Refuse. All trash and refuse storage areas are approved as designed and shall be effectively screened from view and covered and maintained in an orderly s tate to prevent water from entering into the trash or refuse container(s). Trash areas shall be maintained in a manner to discourage illegal dumping.
15. Outdoor Storage. No outdoor storage is allowed or permitted unless designated on the Approved Plan Set.
16. Utilities. All new on -site telephone, electrical, and other service facilities shall be placed underground.
17. Anti-Graffiti. All graffiti shall be removed from buildings and wall surfaces, including job sites for projects under construction, within 48 hours of defacement.
18. Anti-Litter. The site and surrounding area shall be maintained free of litter, refuse, and debris. Cleaning shall include keeping all publicly used areas free of litter, trash, cigarette butts, and garbage.
19. No Sign Approval. Any signage shown on the Approved Plan Set are conceptual only. No signs are approved at this time. Any signs shall be subject to review and approval by the Director of Planning through a subsequent Permit Adjustment.
20. Building and Property Maintenance. The property shall be maintained in good visual and functional condition. This shall include, but not be limited to, all exterior elements of the buildings such as paint, roof, paving, signs, lighting, and landscaping.
21. Street Number Visibility. Street numbers of the buildings shall be easily visible from the street at all times, day and night.
22. Required Vehicular, Motorcycle, and Bicycle Parking. This project shall conform to the vehicular , motorcycle, and bicycle parking requirem ents of the Zoning Ordinance, as amended. Any changes to the required vehicular or bicycle parking requires the issuance of a Permit Adjustment or Amendment to the satisfaction of the Director of Planning.
23. No Generators Approved. This Permit does not include the approval of any stand- by/backup electrical power generation facility. Any future stand-by/backup generators shall secure appropriate permits and shall conform to the regulations of Title 20 of the Municipal Code.
24. Mechanical Equipment. The location and type of mechanical equipment shall be as shown on the Approved Plans and shall be screened from view. Changes to the mechanical equipment requires the issuance of a Permit Adjustment or Amendment to the satisfaction of the Director of Planning.
25. Landscaping. Planting and irrigation are to be provided by the Permittee, as indicated, on the final Approved Plans.
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26. Irrigation Standards. Irrigation shall be installed in accordance with Part 3 of Chapter 15.11 of Title 15 of the San José Municipal Code, Water Efficient Landscape Standards for New and Rehabilitated Landscaping, the City of San José Landscape and Irrigation Guidelines and the Zonal Irrigation Plan in the Approved Plans. The design of the system shall be approved and stamped by a Calif ornia Registered Landscape Architect.
27. Certification. Pursuant to San José Municipal Code, Section 15.11.1050 certificates of substantial completion for landscape and irrigation installation shall be completed by a licensed or certified professional and provided to the Department of Planning, Building and Code Enforcement prior to approval of the final inspection of the project.
28. Construction Disturbance Coordinator . Rules and regulation pertaining to all construction activities and lim itations 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.
29. Green Building Requirements. This development is subject to the City’s Green Building Ordinance for Private Sector New Construction as set for in Municipal Code Section 17.84. Prior to the issuance of any shell permits, or complete building permits, for the construction of buildings approved through the scope of this Permit, the Permittee shall pay a Green Building Refundable Deposit. In order to receive a refund of the deposit, the project must achieve the minimum requirements as set forth in Municipal Code Section 17.84. The request for the refund of the Gr een Building Deposit together with evidence demonstrating the achievement of the green building standards indicated in Municipal Code Section 17.84 shall be submitted within a year after the building permit expires or becomes final, unless a request for an extension is submitted to the Director of Planning, Building, and Code Enforcement in accordance with Section 17.84.305D of the Municipal Code.
30. 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. _______.
31. 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, ac oustical 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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32. 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.
33. 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.
34. 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.
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ii. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded 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 binders 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 sit e, 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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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:
a) The NAHC is unable to identify a MLD or the MLD failed to make a recommendation within 48 hours after being given access to the site. b) The MLD identified fails to make a recommendation; or c) The landowner or his authorized representative rejects the recommendation of the MLD, and mediation by the NAHC fails to provide measures acceptable to the landowner.
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 recommendations of an approved geotechnical investigation. The report shall be reviewed and approved by the City of San José Department of Public Works as part of the building permit review and issuance process. The buildings shall meet the requirements of applicable Building and Fire Codes as adopted or updated by the City. The project shall be designed to withstand soil hazards identified on the site and the project shall be designed to reduce the risk to life or property on site and off site to the extent feasible and in compliance with the Building Code.
ii. All excavation and grading work shall be scheduled in dry weather months or NVF:DHZ:DJF
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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. vi. All excavation and grading work shall be scheduled in dry weather months or construction sites shall be weatherized.
vii. Cover stockpiles and excavated soils with secured tarps or plastic sheeting. viii. Ditches shall be installed to divert runoff around excavations and graded areas if necessary.
ix. 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 Publ ic 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- site building(s) to determine the presence of asbestos -containing materials and/or lead-based paints.
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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 activiti es, 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 as necessary.
iv. Water or cover stockpiles of soil or other materials that can be blown by the wind.
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v. Cover all trucks hauling soil, sand, and other loose materials and maintain 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 control 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).
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 NVF:DHZ:DJF
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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.
35. 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 t he fee and submit the letter of credit or payment bond securing the outstanding amount for approval.
36. Airport.
a. Avigation Easement. Prior to the issuance of a Building Permit for vertical construction, the property owner shall grant an Avigation Easement to the City of San José. Contact the San José Airport Department (408-392-1193) to initiate the easement dedication process.
b. FAA Clearance Required . Prior to issuance of any Building Permit for construction, the permittee shall obtain from the Federal Aviation Administration a “Determination of No Hazard to Air Navigation” for each building high point. The permittee 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 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 permittee shall apply for and obtain a Permit Adj ustment to NVF:DHZ:DJF
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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 permittee shall coordinate with the San Jos é 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 Ryan Sheelen, [email protected] (408-392-1193), of the San José Airport Department 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 permittee 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 the San José Airport Department at (408- 392-1193), prior to preparing a solar glare hazard analysis report.
37. 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, H 21-005 shall be printed on all construction plans submitted to the Building Division.
b. San José’s Natural Gas Infrastructure Prohibition and Reach Code Ordinances.
The City’s Natural Gas Infrastructure Prohibition and Reach Code Ordinances apply to this project and all requirements shall be met. For more information, please visit www.sjenvironment.org/reachcode
c. Americans with Disabilities Act. The Permittee shall provide appropriate access as required by the Americans with Disabilities Act (ADA). d. Emergency Address Card. The project Permittee shall file an Emergency Address Card, Form 200-14, with the City of San José Police Department. e. Construction Plan Conformance. A project construction plan conformance review by the Planning Division is required. Planning Division review for project conformance begins with the initial plan check submittal to the Building Division.
Prior to any building permit issuance, building permit plans shall conform to the approved Planning development permits and applicable conditions. f. 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, NVF:DHZ:DJF
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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 for 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.
38. 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.
39. Public Works Clearance for Building Permit(s) or Map Approval: Prior to the approval of the Tract or Parcel Map (if applicable) by the Director of Public Works, or the issuance of Building permits, whichever occurs first, the permittee will be required to have satisfied all of the following Public Works conditions. The applicant 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 en gineered 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:
a) Implement the following multimodal physical mitigation measures to reduce the project employee VMT and partially mitigate the VMT impact:
1) Pedestrian Network Improvements
a) Remove the pork-chop islands at all four (4) corners of the Junction Avenue and Brokaw Road intersection.
b) Modify the signal phasing on Junction Avenue from permitted to protected phases. Both measures will help improve pedestrian safety and access crossing the roadways.
2) Bike Access Improvements
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a) 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.
b) Complete protected bike intersection improvements at the Junction Avenue and Brokaw Road intersection.
3) Increase Transit Accessibility
a) Relocate the existing Route 60 bus stop from the current location east of Rogers Avenue to west of Junction Avenue (on the far side of westbound Brokaw Road).
b) Construct sidewalk on the north side of Brokaw Road for pedestrian connectivity to the bus stop and the Junction Avenue/Brokaw Road intersection.
4) Improve Network Connectivity
a) Implement crosswalks and signalize the southern project driveway on Junction Avenue.
5) Provide End of Trip Facilities
a) Provide on-site shower facilities with lockers for bicyclists. b) Provide a TDM plan prior to Planning Permit approval for the VMT impact mitigation and 10% parking reduction for the following measures:
1) Alternative schedule of a 4-day/40-hour work week with at least 50% of employee participation or
2) Operate a Free Direct Shuttle with at least 20% of employee participation or
3) Subsidize 100% of the cost of vanpools with at least 15% of employee participation
4) and On-site TDM Coordinator
5) 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. 6) 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.
c) Request the City Council to adopt a Statement of Overriding Considerations for the significant impact on VMT as part of an EIR certification.
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d) Pay the VMT Impact Overriding Fee for the proposed 2,000,000 square foot of offi ce (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. e) 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.
f) Lengthen the northbound left -turn pocket from 150- feet to 300- feet at the intersection of Junction Avenue and Brokaw Road.
g) Implement a second westbound left-turn pocket along Brokaw Road at the intersection of Brokaw Road/Junction Avenue.
1) Provide a minimum length of 600 -feet of storage capacity for each westbound left-turn lane.
2) Implement a second receiving lane along southbound Junction Avenue. h) 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.
i) Implement all curb returns along the on -site roadways to be a minimum of 30-feet to accommodate truck circulation movements.
j) Install removable bollards at the emergency vehicle access (EVA) roadway entrances at Junction Avenue and “A” Circle.
k) Construct Class IV protected bike lanes along the project frontages along Junction Avenue and Brokaw Road per San Jose Better Bike Plan 2025. l) Coordinate with VTA on the implementation of bus stop improvements along Brokaw Road project frontage.
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.
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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 24.04.100 or submit a stamped and signed engineered design alternative for Public Works discretionary approval and must be designed to convey a 10-year storm event. iii. If the project proposes to haul more than 10,000 cubic yards of cut/fill to or from the project site, a haul route permit is required. Prior to issuance of a grading permit, contact the Department of Transportation at (408) 535 -3850 for more information concerning the requirements for obtaining this permit. iv. Because this project involves a land disturbance of one or more acres, the 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 construction 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 recommended depth of 50 feet should 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 calculations have been reviewed and this project shall be in conformance with City Policy 6-29.
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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 t o 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 Avenue in accordance with City Ordinance #19663.
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:
a) Pay off existing assessments in full; or
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
b) Complete and submit an amended assessment diagram (segregation map). c) Establish, with City Council approval, the maintenance district specified in Condition No. 7 of this resolution prior to recordation of the first final map for the subdivision if the subdivision will occur in phases. 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.
a) (1) Full-access, signalized ingress/egress location along Junction Avenue project frontage.
b) (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.
c) Applicant will construct necessary improvements to support the traffic signal modification at the East Brokaw Road/Junct ion 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 Brokaw 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, 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) NVF:DHZ:DJF
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Item No.: 10.3 (c)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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 driveway 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:
a) Brokaw Rd: 5-foot raised median, 7-foot bikeway
b) 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 sig nal 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 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 S
[email protected] to the attention to Mark
Leong, Local Development Brand Chief), Valley Transportation Authority (VTA) for NVF:DHZ:DJF
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Item No.: 10.3 (c)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
coordination of existing bus stop improvements along Brokaw Road frontage and the far-side of Brokaw Road/Junction Avenue, and San Jose Water Company.
40. Revocation, Suspension, Modification . This Site Development Permit may be revoked, suspended or modified by the City Council at any time regardless of who is the owner of the subject property or who has the right to possession thereof or who is using the same at such time, whenever, after a noticed hearing in accordance with Part 2, Chapter 20.100, Title 20 of the San José Municipal Code it finds:
a. A violation of any conditions of the Site Development Permit was not abated, corrected or rectified within the time specified on the notice of violation; or b. A violation of any City ordinance or State law was not abated, corrected or rectified within the time specified on the notice of violation; or c. The use as presently conducted creates a nuisance.
In accordance with the findings set forth above, a permit to use the subject property for said purpose specified above is hereby approved.
APPROVED 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.