TO: HONORABLE MAYOR FROM: Planning Commission
AND CITY COUNCIL
SUBJECT: SEE BELOW DATE: February 6, 2023
COUNCIL DISTRICT: 3
SUBJECT: FILE NOS. H21-005, T21-005, & ER21-018. 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 AND 64 NON-ORDINANCE-SIZE WITH 508 REPLACEMENT TREES) 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 AND A VESTING
TENTATIVE MAP TO SUBDIVIDE ONE PARCEL INTO FOUR PARCELS ON AN APPROXIMATELY 19.70-GROSS-ACRE SITE.
PLANNING COMMISSION RECOMMENDATION
On January 12, 2023, the Planning Commission voted 8-0-1 (Young absent) to recommend that the City Council take all of the following actions:
1. Adopt a resolution certifying the 550 E. Brokaw Project Environmental Impact Report, and making certain findings concerning significant impacts, mitigation measures, alternatives, and adopting a statement of overriding considerations and a related Mitigation Monitoring and Reporting Plan, in accordance with the California Environmental Quality Act (CEQA).
2. Adopt a resolution approving, subject to conditions, a Vesting Tentative Subdivision Map to subdivide one parcel into four parcels on an approximately 19.70-gross-acre site.
3. Adopt a resolution 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 and 64 non-ordinance-size with 508 replacement trees) 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.
COUNCIL AGENDA: 2/28/23
FILE: 23-277
ITEM: 10.3
HONORABLE MAYOR AND CITY COUNCIL
February 6, 2023
Subject: File Nos. H21-005, T21-005 & ER21-018
SUMMARY AND OUTCOME
If the City Council approves all of the actions as recommended by the Planning Commission, then the applicant will be able to subdivide one parcel into four parcels, demolish the existing approximately 213,626-square foot commercial building, remove 274 trees (210 ordinance-size and 64 non-ordinance-size with 508 replacement trees) and construct 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.
BACKGROUND
On July 23, 2021, the property owner and applicant, Bryon Wolf with Bay West Development, submitted the following applications to be reviewed concurrently:
• Vesting Tentative Subdivision Map to subdivide one parcel into four parcels on an approximately 19.70-gross-acre site.
• 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 and 64 non-ordinance-size with 508 replacement trees) 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.
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 eight stories with maximum heights of 120 feet (to top of roof).
Buildings 1A, 1B, and 2, labeled on the site plan, 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 within the southeastern portion of the site. Parking Garage 1 is located at the western end of the site, south of Buildings 1A and 1B. As shown on the site plan, the office buildings are grouped around large open landscaped plazas.
Private streets, including pedestrian 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 surrounding public streets 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-bicyclist access is provided from the sidewalks along East Brokaw Road, Junction Road, and the newly constructed private streets within the site.
Construction of the project would occur in four phases, with each phase anticipated to last 23 months, for a combined estimated duration of 92 months. Temporary parking for the early
HONORABLE MAYOR AND CITY COUNCIL
February 6, 2023
Subject: File Nos. H21-005, T21-005 & ER21-018
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, the preparation of the site for future construction phases, and the construction of Buildings 1A and 1B. All off-site improvements, including street lights, are to be constructed during Phase One. Phase Two consists of the construction of Buildings 3A and 3B, and Garages 1A and 1B. Phase Three consists of the construction of Garage 2A, and the removal of the majority of the surface parking lot in the southeast corner of the site, with 29 surface parking stalls remaining. Phase Four consists of the construction of Buildings 4A and 4B, Garage 2B, and the complete installation of all site amenities and landscaping of the project site. Tree removals would occur prior to grading the site.
To facilitate the potential future financing and sale of portions of the project, a Vesting Tentative Subdivision Map is included with the application to allow the subdivision of one existing parcel into four parcels.
ANALYSIS
Analysis of the Site Development and Vesting Tentative Map, including conformance with the Envision San José 2040 General Plan, Zoning Ordinance, North San José Design Guidelines, and applicable City Council Policies, a summary of the CEQA clearance, and the Statement of Overriding Considerations are contained in the attached staff report to the Planning Commission.
The recommendation in this memorandum aligns with one or more Climate Smart San José goals. The project would increase the density of new development in jobs per acre and would facilitate job creation within the City’s limits. When fully built and occupied, the project is expected to provide approximately 6,404 jobs.
EVALUATION AND FOLLOW-UP
Should the City Council adopt the resolution certifying the Environmental Impact Report and approve the Site Development Permit and Vesting Tentative Map, the applicant would be allowed to proceed to the Department of Public Works and the Building Division for grading and building permits.
COORDINATION
The preparation of this memorandum has been coordinated with the City Attorney’s Office.
HONORABLE MAYOR AND CITY COUNCIL
February 6, 2023
Subject: File Nos. H21-005, T21-005 & ER21-018
PUBLIC OUTREACH
This memorandum will be posted on the City’s Council Agenda website for the February 28, 2023, City Council meeting. Staff followed Council Policy 6-30: Public Outreach Policy in order to inform the public of the proposed project. A formally noticed Joint Community Meeting with the Environmental Scoping was held on Monday, June 28, 2021, to introduce the proposed project to the community. An on-site sign was posted on the project frontage on May 4, 2021. A notice of the public hearing was distributed to the owners and tenants of all properties located within 1,000 feet of the project site and posted on the City website. The staff report is also posted on the City’s website. Staff has also been available to respond to questions from the public.
COMMISSION RECOMMENDATION AND INPUT
On January 11, 2023, the Planning Commission held a Public Hearing to consider the resolution to certify the Environmental Impact Report and approve the Site Development Permit and Vesting Tentative Map. The Planning Commission recommended that the City Council adopt the resolutions certifying the Environmental Impact Report, and making certain findings concerning significant impacts, mitigation measures, alternatives, and adopting a statement of overriding considerations and a related Mitigation Monitoring and Reporting Plan, and approving the subject Vesting Tentative Map and Site Development Permit.
Staff Presentation
Alec Atienza and Cassandra Van Der Zweep, Planning Project Managers, provided a brief presentation on the proposed project. Staff presentation included an overview of the project’s conformance with the Envision San José 2040 General Plan, the Zoning Code, North San José Design Guidelines, City Council Policy 6-30: Public Outreach, and CEQA.
Public Hearing
The applicant, Bryon Wolf, provided a brief introduction and requested that the Planning Commission recommend approval of the project to City Council.
One member of the public, representing Nor Cal Carpenter’s Union, spoke on the project. They requested that the project applicant use local union labor and pay a prevailing wage.
Commissioner Discussion
Commissioner Cantrell asked about the number of trees being removed, the replacement of the trees, and how the City ensures that the required number of trees are replanted and maintained.
Staff confirmed that 274 trees would be removed, of which 210 are ordinance size. 508 trees would be replanted on-site. The majority of trees to be removed are parking lot trees and are to be removed in order to grade the site and construct the buildings. Staff noted that 27 trees would be preserved on-site. Robert Manford, Deputy Director of Planning, mentioned that the Planning
HONORABLE MAYOR AND CITY COUNCIL
February 6, 2023
Subject: File Nos. H21-005, T21-005 & ER21-018
Division’s tree removal and replacement process was recently audited internally, and a report was submitted to City Council. As a result, changes to how staff monitors replacement trees are expected. Commissioner Cantrell also asked if the project would be required to use recycled water. Staff confirmed that the project site is served by a recycled water line and would be required to hook up to it during construction.
Commissioner Ornelas-Wise asked if the trees required to be replanted as part of the tree removal mitigation would occur entirely on-site. Staff confirmed that all trees to be replaced must occur on-site. The location and planting of street trees are coordinated separately with the Department of Transportation. Commissioner Ornelas-Wise also asked if there were any requirements for the recycling of materials and debris during demolition. Staff confirmed that a minimum of 75% of the construction debris must be required pursuant to the Municipal Code.
Commissioner Ornelas-Wise stated that she was in favor of the project and made a motion to approve the project. Commissioner Lardinois seconded the motion.
Commissioner Barocio asked at what point the applicant would consider hiring construction staff. Robert Manford, Deputy Director of Planning, noted that the hiring of union labor and contractors is not a land use matter and does not go into staff consideration of the project.
However, the City Council may look at other project components beyond land use, including union labor. Daniel Zazueta, Senior Deputy City Attorney, followed up that it is unknown at this stage in the project review, nor is it required to state, who will ultimately construct the building and whether they will use union labor or not.
The motion to recommend City Council approval of the project was approved (8-0-1).
Commissioner Young was absent.
CEQA
The City of San José, as the lead agency for the project, prepared a Draft Environmental Impact Report (EIR). The Draft EIR was circulated for public review and comment from May 11, 2022, through June 24, 2022. The EIR identified significant and unavoidable project and cumulative vehicle miles traveled (VMT) impacts.
The City received five written comment letters during the public circulation period. Comments were submitted by Pacific Gas and Electric, the Department of Toxic Substances Control, the Santa Clara Valley Transportation Authority, the Santa Clara Valley Water District, and the City of Santa Clara. All comments have been fully responded to in the Final EIR which was posted online on November 29, 2022.
The project requires a Statement of Overriding Considerations for the significant unavoidable VMT impacts of the project. A summary of the benefits identified for the project include:
• Development of approximately 6,404 jobs and an increase in economic development in the North San José Area
• Provision of Multi-modal and Public Improvements
HONORABLE MAYOR AND CITY COUNCIL
February 6, 2023
Subject: File Nos. H21-005, T21-005 & ER21-018
• The project furthers the Envision San José 2040 General Plan Strategy #4 and Land use and Employment Policy IE-1.5
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.
The Draft EIR and Final EIR are available for review on the project page on the City’s Active EIR website at: https://www.sanjoseca.gov/your-government/departments-offices/planning- building-code-enforcement/planning-division/environmental-planning/environmental- review/active-eirs/550-e-brokaw-project. A copy of the signed Mitigated Monitoring Reporting Program is attached to the proposed CEQA resolution.
PUBLIC SUBSIDY REPORTING
This item does not include a public subsidy as defined in section 53083 or 53083.1 of the California Government Code or the City’s Open Government Resolution.
/s/
CHRISTOPHER BURTON
Secretary, Planning Commission
For questions, please contact Planning Official, Robert Manford, at (408) 535-7900.
The principal author of this memorandum is Planning Project Manager, Alec Atienza. For questions, please contact Alec Atienza at (408) 535-7688.
ATTACHMENTS
1- Planning Commission Staff Report
2- Site Development Permit Plan Set
3- Vesting Tentative Map Plan Set