PLANNING COMMISSION AGENDA: 1-11-23
ITEM: 5.a.
TO: PLANNING COMMISSION FROM: Christopher Burton
SUBJECT: File No. H21-005, T21-005 & ER21-
018
DATE: January 11, 2023
____________
COUNCIL DISTRICT: 3
Type of Permit Site Development Permit
Vesting Tentative Subdivision Map
Proposed Land Use Commercial Office
Proposed Square Footage 2,137,736 square feet
Proposed Office Space 1,924,110 square feet
Demolition 213,626 square feet
Tree Removals 274 trees (210 ordinance-size, 64 non-ordinance-size) Project Planner Alec Atienza
CEQA Clearance 550 E. Brokaw Project Environmental Impact Report CEQA Planner Cassandra Van Der Zweep
RECOMMENDATION
Staff recommends that the Planning Commission 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, 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.
Attachment 1
File No. H21-005, T21-005 & ER21-018
PROPERTY INFORMATION
Location Southeast corner of East Brokaw Road and Junction Avenue (550 East Brokaw Road)
Assessor Parcel No. 237-08-079
General Plan Combined Industrial/Commercial
Growth Area North San Jose Area Development Policy
Zoning CIC Combined Industrial/Commercial
Historic Resources N/A
Annexation Date Orchard No_11 (July 1, 1955)
Council District 3
Acreage 19.70 gross acres
Allowed FAR 12.0
Proposed FAR 4.31
PROJECT SETTING AND BACKGROUND
As shown on the attached Aerial Map (Figure 1), the subject site is comprised of a single parcel 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.
Figure 1 Aerial Map
File No. H21-005, T21-005 & ER21-018
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, 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.
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 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 (Figure 2), 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 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 and bicyclist access is provided from the sidewalks along East Brokaw Road, Junction Road, and the newly constructed private streets within the site.
SURROUNDING USES
General Plan Zoning District Existing Use
North Combined Industrial/Commercial
LI(PD) Planned
Development (File No.
PDC71-136)
Industrial Park
South Heavy Industrial HI Heavy Industrial Home Décor Supplier, Self- Storage
East Combined Industrial/Commercial HI Heavy Industrial Auto Sales, Interstate 880 West Combined Industrial/Commercial HI Heavy Industrial Tire Shop File No. H21-005, T21-005 & ER21-018
Figure 2 - Project Site Plan
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 southeast corner of the site, with 29 surface parking stalls remaining. Phase Four consists of the construction of Buildings 4A and 4B, Garage 2B, and complete installation of all site amenities and landscaping of the project site. See Figure 3 below for a diagram of the project phasing plan.
File No. H21-005, T21-005 & ER21-018
Figure 3 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 parcel into the four parcels. As indicated on the face of the Vesting Tentative Map, the subdivision may be phased. As conditioned in th e Site Development Permit Resolution (Exhibit B) and associated Vesting Tentative Map Resolution (Exhibit C), no Final Map shall be approved until a construction agreement is executed with the Department of Public Works that guarantees th e completion of the associated public improvements. This agreement includes privately engineered plans, bonds, insurance, a completion deposit, and engineering and inspection fees. As conditioned both the Site Development Permit Resolution and Vesting Tentative Map Resolution, all public improvements are to be constructed during Phase One of the project. Additionally, a maintenance district would be established for the maintenance of all common areas including, but not limited to, private streets, pedestrian walkways, easements, landscaping, and landscaping in the public right-of-way that is not already in a maintenance district.
The City of San José, as the lead agency for the project, prepared a Draft Environmental Impact Report (Draft EIR), which was circulated for public review and comment for 45 days, from June 17, 2022 through August 1, 2022. The EIR prepared for this project concluded that implementation of the proposed project would result in a project and cumulative significant unavoidable vehicle miles traveled (VMT) impact.
Specifically, the project, after mitigation, would result in 12.30 VMT per employee which would exceed the City’s threshold of 12.21 VMT per employee. Therefore, the impact would be significant and unavoidable.
Thus, a Statement of Overriding Considerations is included in the record of project approval.
File No. H21-005, T21-005 & ER21-018
ANALYSIS
The Site Development Permit is analyzed with respect to conformance with:
1. Envision San José 2040 General Plan
2. San José Municipal Code
3. North San Jose Urban Design Guidelines
4. Permit Findings
5. California Environmental Quality Act (CEQA)
6. City Council Policies
Envision San José 2040 General Plan Conformance
Figure 4 General Plan Land Use Map
Land Use Designation
As shown in the attached General Plan Map (Figure 4), the project site has an Envision San José 2040 General Plan Land Use/Transportation Diagram 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
File No. H21-005, T21-005 & ER21-018
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.
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 Policies:
General Plan Goals and Policies
1. 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.
2. Land Use 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.
3. Business 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.
4. Vibrant 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.
5. Community 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.
6. Community 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.
7. Land Use 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 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 File No. H21-005, T21-005 & ER21-018
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.
Municipal Code Conformance
Land Use
As shown in the attached Zoning Map (Figure 5), this 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 is required pursuant to Section 20.100.630 of the Zoning Code.
Figure 5 Zoning Map
File No. H21-005, T21-005 & ER21-018
Setbacks and Height
Table 20-120
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
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 heights.
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
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.
File No. H21-005, T21-005 & ER21-018
Motorcycle Parking
Table 20-250
Use Ratio Required
Office, general business 1 per 50 code required spaces 105 spaces Total Provided 107 spaces
Pursuant to Section 20.90.350, Table 20-250 of the Zoning Code, office uses are required to provide one motorcycle space per 50 code required vehicle parking spaces. Therefore, the project is required to provide 105 motorcycle spaces. A total of 107 motorcycle spaces would be provided, exceeding the requirement.
Bicycle Parking
Use Ratio Required
Office, general business 1 per 4,000 sq. ft. of floor area 409 spaces Total Provided 477 spaces
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
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 (Exhibit G) 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 File No. H21-005, T21-005 & ER21-018
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
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 Based on the arborist report (Exhibit F) 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.
North San Jose Urban Design Guidelines Conformance
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
File No. H21-005, T21-005 & ER21-018
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 north-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 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. 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.
File No. H21-005, T21-005 & ER21-018
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. o Encourage secondary entrances for buildings that face onto a secondary 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.
File No. H21-005, T21-005 & ER21-018
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 is located at the western portion of the site, along Junction Avenue. Garage 2 is located at 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. • 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 parking spaces are provided outside of primary and secondary entrances. In conformance with Section 20.90.066 of the Zoning Code, the project also provides a total of 33 showers and changing rooms among the seven buildings.
Permit Findings
In order for this application to be approved, the City Council must be able to make all required findings for a Site Development Permit, Tree Removal Permit, and Demolition Permit.
Site Development Permit Findings
To make the Site Development Permit findings pursuant to San José Municipal Code Section 20.100.630, and recommend approval to the City Council, the Planning Commission must determine that:
1. The Site Development Permit, as approved, is consistent with and will further the policies of the General Plan, applicable specific plans and area development policies; and Analysis: As explained above, 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 Area Ratio (FAR) is up to 12.0. The FAR of the project is approximately 4.31. The project is consistent with General Plan policies regarding regional employment, land use and employment, business growth and retention, vibrant neighborhoods, and community design.
2. 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; and 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.
File No. H21-005, T21-005 & ER21-018
3. The Site Development Permit, as approved, is consistent with applicable City Council policies, or counterbalancing considerations justify the inconsistency; and Analysis: 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.
4. 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 secondary 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 secondary 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.
5. 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.
6. 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 effect 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 use is 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 soils are found above File No. H21-005, T21-005 & ER21-018
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 Site Development Permit also includes standard 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.
7. 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.
Analysis: The project includes a detailed landscaping plan for the approximate 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.
8. 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.
Demolition Permit Findings
Chapter 20.80 of the Municipal Code establishes evaluation criteria for the issuance of a permit to allow for demolition. These criteria are made for the project based on the above stated findings related to General Plan, Zoning and CEQA conformance and for the reasons stated below, and subject to the conditions set forth in the Resolution.
1. The failure to approve the permit would result in the creation or continued existence of a nuisance, blight or dangerous condition;
2. The failure to approve the permit would jeopardize public health, safety or welfare;
3. The approval of the permit should facilitate a project that is compatible with the surrounding neighborhood;
File No. H21-005, T21-005 & ER21-018
4. The approval of the permit should maintain the supply of existing housing stock in the City of San José;
5. Both inventoried and non-inventoried buildings, sites and districts of historical significance should be preserved to the maximum extent feasible;
6. Rehabilitation or reuse of the existing building would not be feasible; and
7. 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 building. 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. The failure to approve the permit would not jeopardize public health, safety or welfare. The demolition permit would facilitate a project that is compatible with the surrounding neighborhood. 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 of the existing buildings on-site would not be feasible. Based on the Historic Resource Assessment (see Exhibit H), prepared by Treanor HL on August 4, 2021, the existing building, constructed in 1969, is not individually eligible for listing on the National Register of Historic Places (NRHP), California Register of Historic Places (CRHP) or as a San Jose City Landmark. 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.
Tree Removal Permit Findings
In order to make the Tree Removal findings pursuant to Section 13.32.100 of the San José Municipal Code and recommend approval to the City Council, Planning Commission must determine that:
1. That the condition of the tree with respect to disease, danger of falling, proximity to an existing or proposed structure, and/or interference with utility services, is such that preservation of the public health or safety requires its removal.
2. 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. There are 27 trees that would be preserved on-site. Of the trees to be removed, 210 are ordinance-size and 64 are non-ordinance-size.
The trees proposed to be removed are located either within the proposed building footprints, within the newly dedicated sidewalks, within the path of new private streets/driveways. The preservation of the trees to be removed would restrict the development of the project at the intensity allowed by the General Plan and Zoning Code. 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 that are 38-inches or greater in circumference requiring a replacement ratio of 4 to 1. There are 51 non-native trees to be removed that are 19 to 38-inches in circumference requiring a replacement ratio of 2 to 1. There are 12 non-native trees to be removed that are less than 19 inches in circumference requiring a replacement ratio of 1 to 1.
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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.
Vesting Tentative Map Findings
In accordance with Section 66474 of the Government Code of the State of California, the Director of Planning in the City of San José, in consideration of the proposed subdivision shown on the Vesting Tentative Map with the imposed conditions, shall deny approval of a Vesting Tentative Map, if it makes any of the following findings.
1. That the proposed map is not consistent with applicable General and Specific Plans as specified in Section 65451.
2. That the design or improvement of the proposed subdivision is not consistent with applicable General and Specific Plans.
3. That the site is not physically suitable for the type of development.
4. That the site is not physically suitable for the proposed density of development.
5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
6. That the design of the subdivision or type of improvements is likely to cause serious public health problems.
7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.
Analysis: To facilitate the potential future financing and sale of portions of the project, a Vesting Tentative Subdivision Map is included with the application to allow the subdivision of one existing par cel into four parcels. As indicated on the face of the Vesting Tentative Map, the subdivision may be phased. As conditioned in the Site Development Permit Resolution (Exhibit B) and associated Vesting Tentative Map Resolution (Exhibit C), 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, a nd engineering and inspection fees. As conditioned in this Vesting Tentative Map Permit, all public improvements are to be constructed during Phase One of the project. Additionally, a maintenance district would be established for the maintenance of all com mon areas including, but not limited to, private streets, pedestrian walkways, easements, landscaping, and landscaping in the public right -of-way that is not already in a maintenance district.
As discussed above, the project is consistent with the General Plan goals, policies, and land use designation. The project site is physically suitable for the proposed buildings and the proposed residential density consistent with the allowable density and FAR of the Combined Industrial/Commercial land use designation. The office uses proposed are all permitted uses of the CIC Combined Industrial/Commercial Zoning District. The proposed lot exceeds the minimum required lot size of 6,000 square feet. The subject site is located within North San Jose in an already developed area.
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Therefore, the project and associated improvements would not cause environmental damage or substantially injure fish or wildlife or their habitat. Please see the discussion on the California Environmental Quality Act below for additional information.
The Vesting Tentative Map provides all necessary easements including private ingress and egress, private sanitary sewer, private storm drainage, private surface drainage release, ingress, egress, emergency access, and access to and operation and maintenance for stormwater treatment in accordance with Part 1 of Chapter 20.110 of Title 20 of the San José Municipal Code. The easements are provided across Lots 1, 2, 3 and 4 for the benefit of Lots 1, 2, 3, and 4, as shown on the Vesting Tentative Map. Therefore, based on the review of the proposed subdivision of one parcel into four parcels, the Director of Planning, Building and Code Enforcement of the City of San José (Director) is recommending approval of the Vesting Tentative Subdivision Map, because none of the above findings can be made for the denial of the proposed subdivision.
Subdivision Ordinance Findings
1. In accordance with San José Municipal Code Section 19.12.130, the Director may approve the Tentative Map if the Director cannot make any of the findings for denial in Government Code section 66474 and the Director has reviewed and considered the information relating to compliance of the project with the California Environmental Quality Act and determines the environmental review to be adequate.
Additionally, the Director may approve the project if the Director does not make any of the findings for denial in San José Municipal Code Section 19.12.220. Section 19.12.130 incorporates the findings for denial in Section 66474 of the Government Code specified in Findings Section 1 herein.
Analysis: As described above, based on review of the proposed subdivision, the Director of Planning, Building and Code Enforcement of the City of San José is recommending approval of the Vesting Tentative Map. The map and the development’s design are consistent with the San José Envision 2040 General Plan designation of Combined Industrial/Commercial and the CIC Zoning District, as discussed above. The site is physically suitable for the proposed development in that the density, FAR, and lot sizes are in conformance with the Combined Industrial/Commercial land use designation. The site is not located within a designated Federal Emergency Management Agency (FEMA) 100-year flood plan. The project site, as well as the surrounding area, are currently developed with structures and do not provide a natural habitat for either fish or wildlife. The subdivision and subsequent improvements are not likely to cause serious public health problems.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
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 File No. H21-005, T21-005 & ER21-018
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 MM 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 Development 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 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).
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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-offices/planning-building-code-enforcement/planning- division/environmental-planning/environmental-review/active-eirs/550-e-brokaw-project Statement of Overriding Considerations
The project requires a Statement of Overriding Considerations for the significant unavoidable VMT impacts of the project. The following benefits of the project would outweigh the identified VMT impacts:
• Develop approximately 6,404 jobs in the North San José Area: The project would increase the number of employees that would support existing and proposed commercial and retail uses in the North San José area.
• Provide Multi-modal and Public Improvements: The development’s design incorporates paseos and plazas that would enhance circulation through the site and sidewalk improvements to enhance the surrounding neighborhood. Public improvements include modifications to the East Brokaw Road/Junction Avenue intersection, bust stop improvements, the construction of a 12-foot-wide sidewalk along East Brokaw Road, a 10-foot-wide sidewalk along Junction Avenue, and the construction of Class IV bike lanes along both 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.
• Further 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 Use 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.
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PUBLIC OUTREACH
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.
Project Manager: Alec Atienza
Approved by: /s/ , Robert Manford, Deputy Director for Christopher Burton, Director
ATTACHMENTS:
Exhibit A: Draft EIR Resolution
Exhibit B: Draft Site Development Permit Resolution
Exhibit C: Draft Vesting Tentative Map Resolution
Exhibit D: Site Development Permit Plan Set
Exhibit E: Vesting Tentative Map
Exhibit F: Arborist Report
Exhibit G: Noise Study
Exhibit H: Historic Resources Assessment
Exhibit I: Signed MMRP
Owner/Applicant:
Bryon Wolf
Caracol Property Owner, LLC
1725 South Bascom Avenue, Suite 150
Campbell, CA 95008
H21-005, T21-005 & ER21-018
Links to Attachment A-I
Click on the title to view document
Exhibit A: Draft EIR Resolution
Exhibit B: Draft Site Development Permit Resolution
Exhibit C: Draft Vesting Tentative Map Resolution
Exhibit D: Site Development Permit Plan Set
Exhibit E: Vesting Tentative Map
Exhibit F: Arborist Report
Exhibit G: Noise Study
Exhibit H: Historic Resources Assessment
Exhibit I: Signed MMRP