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Item No.: 10.2(c)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
RESOLUTION NO. ______
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
JOSE APPROVING, SUBJECT TO CONDITIONS, A
VESTING TENTATIVE MAP TO SUBDIVIDE ONE LOT TO
NINE LOTS, INCLUDING EIGHT SINGLE-FAMILY
RESIDENTIAL LOTS, AND ONE COMMON LOT ON AN
APPROXIMATELY 0.443-GROSS-ACRE SITE SITUATED
ON THE NORTHEAST SIDE OF ELM STREET ,
APPROXIMATELY 1 05 FEET NORTHWESTERLY OF
MCKENDRIE STREET (972 ELM STREET)
FILE NO. PT20-031
WHEREAS, pursuant to the provisions of Chapter 19.12 of Title 19 of the San José Municipal Code, on November 20, 2020, a concurrent application (File No. P T20-031) was filed by applicant Fahed Hbayed, on behalf of the owner, CN One Investment, LLC, with the City of San José for a Vesting Tentative Map to subdivide one 0.443-acre lot to nine lots, including eight single-family residential lots and one common lot , and for the concurrent Planned Development Zoning and Planned Development Permit application for t he development of a single-family residential project including eight single-family detached residences on that certain real property located on the northeast side of Elm Street, approximately 105 feet northwesterly of Mc Kendrie Street (972 Elm Street, APN 230-41-025) (the “subject property”); and
WHEREAS, the subject property is all that real property more particularly described in Exhibit "A," titled “Legal Description,” and depicted in Exhibit “B,” titled “Parcel Map,” which is attached and incorporated by reference; and
WHEREAS, the Planning Commission conducted a duly noticed public hearing on said concurrent applications on June 14, 2023, gave all persons full opportunity to be heard and to present evidence and testimony respecting, and made a recommendation to the City Council based on the evidence and testimony; and
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WHEREAS, this City Council conducted a duly noticed hearing on said concurrent applications, gave all persons full opportunity to be heard and to present evidence and testimony, and received and considered the reports and recommendations of the City’s Planning Commission and the City’s Director of Planning, Building and Code Enforcement; and
WHEREAS, at said hearing, this City Council received in evidence a development plan for the subject property entitled “Vesting Tentative Map, 972 Elm Street”, dated May 18, 2023; said plan is on file in the Department of Planning, Building and Code Enforcement and is incorporated by reference; and
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE THAT:
The foregoing recitals are hereby incorporated by reference as if fully set forth herein, and after considering all of the evidence presented at the Public Hearing, the City Council finds that the following are the relevant facts regarding this proposed project:
1. Site Description and Surrounding Uses. The Subject Property is located on the northeast of Elm Street, approximately 105 feet northwesterly of McKendrie Street (972 Elm Street). The approximately 0.433- gross-acre site is currently developed with a 1,900-square-foot, one-story single-family residence. Vehicular access to the site is provided via one driveway along Elm Street. The site is surrounded by a two- story apartment building to the north, an industrial building to the east, single- family residences and a community care licensed home to the south, and single- family residences to the west across Elm Street.
2. Project Description. The project consists of a Vesting Tentative Map to allow the subdivision of a 0.443-gross-acre site into eight single-family residential lots and one common lot on a site located on the northeast of Elm Street, approximately 150 feet northwesterly of McKendrie Street.
In conjunction with the Vesting Tentative Map, the project also includes a Planned Development Zoning, File No. PDC20-17, and a Planned Development Permit, File No.
PD20-010. The Planned Development Zoning is a request to rezone the site from the A(PD) Planned Development Zoning District to a MUN(PD) Planned Development NVF:DHZ:DJF
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Zoning District, and the Planned Development Permit is to allow the demolition of the existing 1,900-square-foot single-family residence, the removal of seven ordinance-size trees and four non-ordinance-size trees, and the construction of eight three-story single- family detached residences on the subject site.
3. Envision San José 2040 General Plan Consistency. The project is within the Mixed Use Neighborhood land use designation in the Envision San José 2040 General Plan Land Use/ Transportation Diagram Map. This designation is applied to areas intended for development primarily with either townhouse or small lot single-family residences.
This designation should be used to provide transition between higher -density and lower-density neighborhoods, and allowable density may be up to 30 dwelling units/acre.
Analysis: Multifamily residences immediately adjacent to the north of the subject site are developed at an approximate density of 50 dwelling units per acre and the single- family residences immediately adjacent to the south is developed at a density of approximately 8 dwelling units per acre. The proposed project would include eight small-lot single -family detached residences on a 0.443- acre site with a density of approximately 18 dwelling units per acre. The project would provide a transition between the apartment and the traditional single -family detached homes as required by the Mixed Use Neighborhood land use designation, and does not exceed the maximum allowable density of 30 dwelling units per acre. Therefore, the project is consistent with the Mixed Use Neighborhood General Plan Land Use Designation.
4. Zoning Ordinance Consistency . The project includes a rezoning from the A(PD) Planned Development Zoning District to a MUN(PD) Planned Development Zoning District.
Land Use: The Rezoning would allow all permitted, Special, and Conditional Uses of the R-1 Single-family Residence Zoning District of Title 20 of the San Jose Municipal Code (as may be amended). The proposed single-family residential use is a permitted use in R-1 Zoning District therefore is allowed.
Development Regulations
Below is the proposed development standards and the project compliance with the specific development standards:
The project shall be consistent with the development regulations of the R -1-8 Single- Family Residence District, as amended, except as modified below:
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Standard* Proposed Planned
Development Zoning
District Development
Standards
Project Compliance
with PD Standards
Minimum Lot Area 1,131 square feet
Smallest lot size: 1,131
square feet
Property boundary
setbacks (Front, Elm
Street)
1st and 2nd Floors:
Minimum 15 feet
3rd Floor: Minimum 20 feet
Unit 1 1st Floor: 15 feet
Unit 1 2nd Floor: 15.1
feet
Unit 8 1st Floor: 15 feet
Unit 8 2nd Floor: 15.4
feet
3rd Floor (Units 1 & 2):
20 feet
Property boundary
setbacks (Side,
northwestern property line)
Minimum 6 feet 6 feet
Property boundary
setbacks (Side,
southeastern property line)
Minimum 25 feet and
minimum 20 feet at the
east end
25 feet and 22 feet at the
east end
Property boundary
setbacks (Rear)
Minimum 8 feet 8 feet
Interior Property Line
(proposed lot lines)
None 0/6 feet
Minimum Building
separation
6 feet 6 feet
Maximum number of
stories
3 3
Maximum Height 35 feet 33.5 feet
Private Open Space Minimum Area: 200
square feet
Minimum Dimension: 6
feet except Lot 1;
Minimum 5.5 feet for Lot
1. 212 to 700 square feet
Units 2 to 8 OS
dimension: minimum 6
feet
Unit 1: minimum 5.5 feet
Fence Height Maximum 3.5 feet within
15-foot front setback area
along Elm Street;
Maximum 7 feet at the
rest of the site.
6 feet (outside of the 15-
foot front setback area)
and 3 feet within the 15-
foot front setback area
along Elm Street
* The development standards for patio covers and mechanical equipment are not listed in this table because the project design does not include these components at the Planning entitlement stage.
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Analysis: As summarized in the table above, and shown on the Planned Development Permit PD20-010 Plan Set, the project conforms with all the above standards pursuant to the General Development Plan of the proposed MUN(PD) Planned Development Zoning District.
Vehicle Parking:
The following table compares the parking standards of the Zoning Code to those of the Planned Development Zoning Development Standards, and shows project compliance with the A (PD) Planned Development Standards:
Parking Proposed Planned
Development Zoning District
Development Standards
Project Compliance with PD
Standards
Single
Family
Detached
Parking spaces shall meet the
size and number of space
requirement as stated in Chapter
20.90 of the San José Municipal
Code as may be amended.
Two covered spaces per unit and
four surface parking spaces for
guests for the entire development .
Note: Chapter 20.90 consistency
analysis is immediately below.
Analysis: The project was submitted in 2020 and was evaluated under the old Parking Ordinance, which required two covered spaces for each single- family detached residence. Per the current Parking Ordinance, the project is not required to provide parking spaces (but may provide spaces) and would also be exempt from TDM requirement since fewer than 16 single- family detached units are created. Project complies with both the old and current Parking Ordinance.
5. City Council Policy Consistency.
City Council Policy 6-30: Public Outreach Policy for Pending Land Use Development Proposals
Under City Council Policy 6 -30, the project is a standard development. Standard development projects are required to provide Early Notification by website, email, postcard mailed to property owners and tenants within a 500-foot radius, and by on-site signage. Following City Council Policy 6-30, the required on-site sign has been posted at the site since January 8, 2021 to inform the neighborhood of the project. Public Notices of the community meeting and public hearing were distributed to the owners and tenants of all properties located within 500 feet of the project site and posted on the City website. The staff report is also posted on the City’s website. Staff has been available to respond to questions from the public.
6. California Environmental Quality Act.
An Initial Study (IS)/Mitigated Negative Declaration (MND) was prepared by the NVF:DHZ:DJF
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Director of the City of San José’s Department of Planning, Building and Code Enforcement for the subject P lanned Development Zoning, Planned Development Permit and Vesting Tentative Map Permit. The document was circulated for public comment between September 21, 2021 and October 22, 2021. Two formal comments/emails were received from PG&E and Valley Water duri ng the public circulation period. PG&E requested that additional information be made available in the document regarding the Public Utility Easement, and this has been added to the Text Edits section. Valley Water clarified that they have no facilities on the parcel and confirmed that there are no records of wells located within the project’s boundaries.
The comments received did not result in any substantial changes to the project description, analyses, and/or impacts that was previously disclosed in the I S/MND.
These comments are addressed by staff in a formal Response to Comments document.
The IS/MND concluded that with implementation of identified mitigation measures the project would not result in any significant and unavoidable environmental impacts.
Analysis in the IS/MND found impacts related to Air Quality, Biological Resources, and Noise and Vibration. The project includes mitigation measures presented in the Mitigation Monitoring and Reporting Program that would reduce the identified impacts to a less than significant level. Therefore, an Environmental Impact Report is not required, and an IS/MND is the appropriate level of CEQA clearance for the project.
The entire IS/MND, Reponses to Comments, and other related environment al documents are available on the Planning web site at: https://www.sanjoseca.gov/your- government/departments-offices/planning-building-code-enforcement/planning- division/environmental-planning/environmental-review/negative-declaration-initial- studies/972-elm-street-villas-project
7. Vesting Tentative Map Findings . In accordance with San José Municipal Code (SJMC) Sections 19.12.130 and 19.12.220 and California Government Code Section 66474, the Director of Planning of the City of San José, in consideration of the proposed subdivision shown on the Vesting Tentative Map with the imposed conditions, shall deny approval of a Vesting Tentative Map, if the Director makes any of the following findings:
a. That the proposed map is not consistent with applicable General and Specific Plans as specified in Section 65451.
b. That the design or improvement of the proposed subdivision is not consistent with applicable General and Specific Plans.
c. That the site is not physically suitable for the type of development. d. That the site is not physically suitable for the proposed density of development. e. 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.
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f. That the design of the subdivision or type of improvements is likely to cause serious public health problems.
g. 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: Based on review of this subdivision, the Director of Planning of the City of San José does not make any such findings to deny the subject subdivision. The project is consistent with the General Plan goals, policies, and land use designation, as analyzed above. The project site is physically suitable for the project and proposed intensity in that the residential development is allowed up to 30 du/ac. The residential development would not cause serious public health problem with the Standard Permit conditions to regulate the construction activities and minimize the construction impact.
Furthermore, the project site does not contain historic resources or sensitive habitats or wildlife. The site is not located within a designated Federal Emergency Management Agency (FEMA) 100- year flood plain. 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.
In accordance with the findings set forth above, a Vesting Tentative Map to use the subject property for said purpose specified above and subject to each and all of the conditions hereinafter set forth is hereby approved. This City Council expressly declares that it would not have granted this permit and determination 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 permitted hereby.
APPROVED SUBJECT TO THE FOLLOWING CONDITIONS:
1. Acceptance of Vesting Tentative Map. Per Section 19.12.230, should the Subdivider fail to file a timely and valid appeal of this Vesting Tentative Map within the applicable appeal period, such inaction by the Subdivider shall be deemed to constitute all of the following on behalf of the Subdivider:
a. Acceptance of the Vesting Tentative Map by the Subdivider; and b. Agreement by the Subdivider to be bound by, to comply with, and to do all things required of or by the Subdivider pursuant to all of the terms, provisions, and conditions of this permit or other approval and the provisions of Title 19 applicable to such Vesting Tentative Map.
2. Expiration of Vesting Tentative Map. This Vesting Tentative Map shall automatically expire 30 months from and after the date of issuance hereof by the City Council. The date of issuance is the date this Vesting Tentative Map is approved by the City Council.
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3. Development Rights - Vesting on Approval of Vesting Tentative Map. a. Per San José Municipal Code Section 19.13.070, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in Government Code Section 66474.2. However, if Section 66474.2 of the Government Code is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved. b. Notwithstanding subsection 3.a., above, any permit, including a building permit, approval, extension, or entitlement may be made conditional or denied if any of the following are determined:
i. A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both. ii. The condition or denial is required, in order to comply with state or federal law. c. The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section 19.13.060. If the final map is approved, these rights shall last for the following periods of time:
i. An initial time period of one year. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this one- year initial time period shall begin for each phase when the final map for that phase is recorded. All of said final maps or parcel maps must be recorded within the time period set forth in Section 19.13.060 or the vesting tentative map approval shall expire for those parcels for which final maps or parcel maps are not timely recorded.
ii. The initial time period set forth in 3.c.i. shall be automatically extended by any time used for processing a complete application for a grading permit if such processing exceeds thirty days from the date a complete application is filed. iii. A Subdivider may apply to the director for a one-year extension at any time before the initial time period set forth in 3.c.i expires. I f the extension is denied, the subdivider may appeal that denial to the city council within fifteen (15) days. iv. If the Subdivider submits a complete application for a building permit during the periods of time specified in 3.c.i. through 3.c.iii., above, th e rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.
4. Conformance to Plans. The development of the site shall conform to the approved plans entitled, “ Vesting Tentative Map 972 Elm Street ,” dated May 18, 2023 on file with the Department of Planning, Building and Code Enforcement, as may be amended subject to City’s approval, and to the San José Building Code (San José Municipal Code, Title 24), as amended. The plans are referred to herein as the “Approved Vesting Tentative Map Plan Set.”
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5. Compliance with Subdivision Ordinance. The final map shall comply with all of the requirements for final maps in Chapter 19.16 of the San José Municipal Code and shall show and contain all of the data required by San José Municipal Code Section
19.16.110.
6. Conformance with Other Permits. The subject Vesting Tentative Map conforms to and complies in all respects with the Planned Development Permit File No. PD20-010 and as may be amended, on which such Vesting Tentative Map is based. Approval of said Vesting Tentative Map shall automatically expire with respect to any portion of the lands covered by such Vesting Tentative Map on which a Final Map or Tract Map has not yet been recorded if, prior to recordation of a Final Map or Tract Map thereon, the Planned Development Permit for such lands automatically expires or for any reason ceases to be operative.
7. Homeowner’s Association and/or Maintenance District. A Homeown er’s Association or Maintenance District 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 Permittee shall provide to the Homeowners Association a copy of the Vesting Tentative Map Permit, the accompanying Plan Set, any approved Amendments or Adjustments to the Development Permit, and a complete set of approved building and all improvement plans within 30 days of completion of each construction phase.
8. Improvements. Pursuant to the Subdivision Agreement (hereinafter referred to as "Agreement"), the Subdivider shall, before approval and recording of the Final Map, improve or agree to improve all land within the subdivision and all land outside, but appurtenant to, the Subdivision shown on the Tentative Map for public or private streets, alleys, pedestrian ways and easements to the satisfaction of the Director of Public Works.
9. Improvement Contract. In the event the Subdivider has not completed the improvements required for the proposed subdivision at the time the final map is presented for approval, Subdivider shall enter into an improvement contract pursuant to Agreement with the City of San José, in accordance with Section 19.32.130 of the San José Municipal Code and shall provide the bonds and insurance mentioned therein.
10. Public Use Easements. The Subdivider shall dedicate on the final map for public use easements for public utilities, streets, pedestrian ways, sanitary sewers, drainage, flood control channels, water systems and slope easements in and upon all areas within the subdivision shown on the Tentative Map for the subdivision to be devoted to such purposes.
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11. Conveyance of Easements. Prior to recordation of the Final Map, the Subdivider shall offer to the City of San José a Covenant of Easement for joint use and emergency access purposes, in accordance with Part 1 of Chapter 20.110 of Title 20 of the S an José Municipal Code, across lots as applicable as shown on the Approved Plan Set. Said easements shall be binding upon, and all benefits shall insure to, all successors in interest to the affected real property.
12. Final Map. No Final Map or Tract Map shall be approved by City Council unless and until the appeal period for the development permit, City File No. PD20-010 has expired and all appeals have been exhausted.
13. 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.
14. Housing Conditions of Approval. The development may be subject to the Affordable Housing Impact Fee (AHIF) or subject to the Inclusionary Housing Ordinance (IHO).
If the development is a rental project, the permittee must pay the Affordable Housing Impact Fee prior to the issuance of any building permits, unless an exemption claim has been made and conditionally accepted. Rental developments are dev elopments that do not include the filing of a tentative map, parcel map or other plan intended to allow the separate conveyance of individual residential units or interests.
a. Permittee shall strictly comply with the approved Affordable Housing Compliance Plan for this development and any other applicable requirements of the AHIF.
b. If a development qualifies for a conditional exemption to the AHIF in the approved Plan, the permittee and owner must execute and record an NVF:DHZ:DJF
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Affordable Housing Agreement with the C ity prior to the issuance of any building permits.
c. Permittee’s approval is for development of less than 20 qualifying dwelling units, as determined by Housing. Any changes in the number of units or the type of units in the development may result in additi onal requirements up to and including a requirement to comply with the IHO.
d. No building permit may be issued until the AHIF is paid. No Temporary Certificate of Occupancy, Certificate of Occupancy, or Notice of Completion for any units shall be issued until all requirements of the AHIF Resolution are met.
If the development is a for -sale project, the permittee must comply with the requirements under IHO.
e. Permittee shall strictly comply with the approved Affordable Housing Compliance Plan for this development and any other applicable requirements of the IHO.
f. If a development requests an IHO exemption in the Plan, the conditions of that exemption shall be complied with through the issuance of the certificate of occupancy.
g. Permittee’s approval is for development of less than 20 qualifying dwelling units, as determined by Housing. Any changes in the number of units or the type of units in the development may result in additional requirements up to and including a requirement to comply with the IHO.
h. No building permit may be issued until evidence of compliance with the IHO and exemption process. No Temporary Certificate of Occupancy, Certificate of Occupancy, or Notice of Completion for any units shall be issued until all requirements of the IHO are met.
15. Sewage Fees. In accordance with City Ordinance all storm sewer area fees, sanitary sewer connection fees, and sewage treatment plant connection fees, less previous credits, are due and payable prior to issuance of Public Works clearance.
16. Parks. This residential project is subject to either the requirements of the City’s Park Impact Ordinance (Chapter 14.25 of Title 14 of the San José Municipal Code) or the Parkland Dedication Ordinance (Chapter 19.38 of Title 19 of the San José Municipal Code) for the dedication of land and/or payment of fees in- lieu of dedication of land for public park and/or recreational purposes under the “Formula for Dedication of Land” and/or “Schedule of Fees and Credits” contained within in the chapter.
17. Compliance with Local, State, and Fede ral Laws. The subject use shall be conducted in full compliance with all local, state, and federal laws.
18. Conformance to Mitigation Monitoring and Reporting Program. This Project shall NVF:DHZ:DJF
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conform to all applicable requirements of the Mitigation Monitoring and Reporting Program (MMRP) approved for this development by City Council Resolution No. _________.
19. Noise. Provide a suitable form of forced-air mechanical ventilation, as determined by the local building official, for all residential units on the project site, so that windows can be kept closed at the occupant’s discretion to control interior noise and achieve the interior noise standards.
20. Standard Environmental Conditions. The following measures shall be implemented during all phases of construction to control dust and exhaust at the project site:
a. Air Quality:
i. All haul trucks transporting soil, sand, or other loose material off -site shall be covered.
ii. All visible mud or dirt track -out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
iii. 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.
iv. 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.
v. 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.
vi. A publicly visible sign shall be posted at the site 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 BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations.
b. Biological Resources;
i. Tree Removal and Replacement. The removed trees would be replaced according to tree replacement ratios required by the City, as provided in Table 10, Tree Replacement Ratio, as amended.
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Table 3.4-2: Tree Replacement Requirements
Diameter of
Tree to be
Removed1
Type of Tree to be Removed2 Minimum Size of
Each Replacement
Tree Native Non-
Native Orchard
12.1 inches
or more3 5:1 4:1 3:1 15-gallon container
6.1 – 12.1
inches 3:1 2:1 None 15-gallon container
Less than 6.1
inches 1:1 1:1 None 15-gallon container
1 As measured 4.5 feet above ground level
2 x:x = tree replacement to tree loss ratio
3 Ordinance-sized trees
Notes: Trees greater than or equal to 12.1 inches in diameter 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 Tree Removal Permit is required for removal of trees of any size.
A 38-inch tree is 12.1 inches in diameter.
1 24-inch box tree = 2 15-gallon trees.
If there is insufficient area on the project site to accommodate the required replacement trees, one or more of the following measures shall be implemented, to the satisfaction of the Director of Planning, Building and Code Enforcement or Director’s designee. Changes to an approved landscape plan requires the issuance of a Permit Adjustment or Permit Amendment. 1) The size of a 15- gallon replacement may be increased to 24- inch box and count as two replacement trees to be planted on the project site, at the development permit stage.
2) Pay Off-Site Tree Replacement Fee(s) to the City, prior to the issuance of Public Works grading permit(s), in accordance with the City Council approved Fee Resolution. The City will use the following off -site tree replacement fee(s) to plant trees at alternative sites.
ii. Santa Clara Valley Habitat Plan. The project is subject to applicable SCVHP 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, Building and Code Enforcement or the Director's designee for approval and payment of the nitrogen deposition fee prior to the issuance of a grading permit. The Habitat Plan and supporting materials can be viewed at www.scv-habitatplan.org
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Item No.: 10.2(c)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
c. Cultural Resources:
i. If prehistoric or historic resources are encountered during excavation and/or grading of the site, all activity within a 50-foot radius of the find shall be stopped, the Director of Planning, Building and Code Enforcement or the Director's designee and the City’s Historic Preservation Officer shall be notified, and a qualified archaeologist shall examine the find. The archaeologist shall 1) evaluate the find(s) to determine if they meet the definition of a historical or archaeological resource; and (2) make appropriate recommendations regarding the disposition of such finds prior to issuance of building permits.
Recommendations could include collection, recordation, and analysis of any significant cultural materials. A report of fi ndings 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 cultur al materials.
ii. 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. In the event of the discovery of human remains 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 or the Director’s designee and the qualified archaeologist, who will then notify the Santa Clara County Coroner. The Coroner will make a determination as to whether the remains are Native American.
a) If the remains are believed to be Native American, the Coroner will contact the 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.
b) 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:
c) The NAHC is unable to identify an MLD or the MLD failed to make a recommendation within 48 hours after being notified by the NAHC; d) The MLD identified fails to make a recommendation; or e) The landowner or his authorized representative rejects the recommendation of the MLD, and the mediation by the NAHC fails to provide measures acceptable to the landowner.
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15 T-52005 / 2024019_5
Council Agenda: 8/8/23
Item No.: 10.2(c)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
d. Geology and Soils:
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 the geotechnical investigation prepared for the project. 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. Burlap bags filled with drain rock shall be installed around storm drains to route sediment and other debris away from the drains.
iii. Earthmoving or other dust -producing activities shall be suspended during periods of high winds.
iv. All exposed or disturbed soil surfaces shall be watered at least twice daily to control dust as necessary.
v. Stockpiles of soil or other materials that can be blown by the wind shall be watered or covered.
vi. All trucks hauling soil, sand, and other loose materials shall be required to cover all trucks or maintain at least two feet of freeboard.
vii. All paved access roads, parking areas, staging areas and residential streets adjacent to the construction sites shall be swept daily (with water sweepers). viii. Vegetation in disturbed areas shall be replanted as quickly as possible. ix. All unpaved entrances to the site shall be filled with rock to knock mud from truck tires prior to entering City streets. A tire wash system may also be employed at the request of the City.
x. Paleontological Resources. If vertebrate fossils are discovered during construction, all work on the site shall stop immediately, Director of the Department 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 c an 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 or Director’s designee of the PBCE.
e. Hazards and Hazardous Materials:
i. In conformance with State and local laws, a visual inspection/pre -demolition survey, and possible sampling, shall be conducted prior to the demolition of on- NVF:DHZ:DJF
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Item No.: 10.2(c)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
site building(s) to determine the presence of asbestos -containing materials (ACMs) and/or lead-based paint (LBP).
ii. During demolition activities, all building materials containing lead- based paint shall be removed in accordance with Cal/OSHA Lead in Title 8, California Code of Regulations (CCR), 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 (ACMs) shall be removed in accordance with National Emission Standards for Air Pollution (NESHAP) guidelines prior to demol ition or renovation activities that may disturb ACMs.
All demolition activities shall be undertaken in accordance with Cal/OSHA standards contained in Title 8, CCR, Section 1529, to protect workers from asbestos exposure.
iv. A registered asbestos abatement contractor shall be retained to remove and dispose of ACMs identified in the asbestos survey performed for the site in accordance with the standards stated above. Materials containing more than one-percent asbestos are also subject to Bay Area Ai r Quality Management District (BAAQMD) regulations. Removal of materials containing more than one-percent asbestos shall be completed in accordance with BAAQMD requirements and notifications.
v. Materials containing more than one- percent asbestos are also subject to Bay Area Air Quality Management District (BAAQMD) regulations. Removal of materials containing more than one- percent asbestos shall be completed in accordance with BAAQMD requirements and notifications.
vi. Based on Cal/OSHA rules and regulations, the following conditions are required to limit impacts to construction workers.
a) Prior to commencement of demolition activities, a building survey, including sampling and testing, shall be completed to identify and quantify building materials containing lead-based paint.
b) During demolition activities, all building materials containing lead- based paint shall be removed in accordance with Cal/OSHA Lead in Construction Standard, Title 8, CCR, Section 1532.1, including employee training, employee air monitoring and dust control.
c) Any debris or soil containing lead-based paint or coatings shall be disposed of at landfills that meet acceptance criteria for the type of waste being disposed.
20. Public Works Clearance for Building Permit(s) or Map Approval . Prior to the approval of the Tract by the Director of Public Works, or the issuance of Building permits, whichever occurs first, the Subdivider will be required to have satisfied all of NVF:DHZ:DJF
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Item No.: 10.2(c)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
the following Public Works conditions as described in the Planned Development Permit (PD20-010).
21. Revocation, Suspension, Modification. This Vesting Tentative Map is subject to revocation, suspension or modification for violation of any of its provisions or condition.
In accordance with the findings set forth above, a Vesting Tentative Map Permit to use the subject property for said purpose specified above, subject to conditions, is hereby approved.
APPROVED and issued 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. e California Code of Civil Procedure Section 1094.6.
PROPOSED REZONING TO A(PD) ZONING
DISTRICT GEOGRAPHIC DESCRIPTION
PROPOSED REZONING TO MUN(PD) ZONING
THE LAND REFERRED TO IS SITUATED IN THE COUNTY OF SANTA CLARA, CITY OF SAN JOSE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PART OF LOT 1, BLOCK 20 OF THE MAP OF UNIVERSITY GROUNDS, SANTA CLARA COUNTY, CALIFORNIA FILED AUGUST 25, 1866 IN BOOK “A” OF MAPS, AT PAGE 80, SANTA CLARA COUNTY RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHEASTERLY LINE OF ELM STREET, AS SHOWN ON THE MAP HEREINAFTER REFERRED TO, DISTANT THEREON 105 FEET NORTHWESTERLY FROM THE
POINT OF INTERSECTION THEREOF WITH THE NORTHWESTERLY LINE OF MCKENDRIE STREET,
AS SHOWN ON THE MAP HEREINAFTER REFERRED TO, AT THE MOST WESTERLY CORNER OF
THAT CERTAIN PARCEL OF LAND CONVEYED TO GUS LOPAS, ET UX, BY DEED RECORDED SEPTEMBER 2, 1947 IN BOOK 1440 OF OFFICIAL RECORDS, PAGE 472; THENCE NORTHWESTERLY ALONG SAID NORTHEASTERLY LINE OF LOT 1 HEREINAFTER DESCRIBED;
THENCE NORTHEASTERLY AND PARALLEL WITH THE NORTHWESTERLY LINE OF MCKENDRIE STREET 200 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 1 THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID LOT 1, 100 FEET TO THE MOST NORTHERLY CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO WALTER V.
CARDER, ET UX BY DEED RECORDED JANUARY 23, 1947 IN BOOK 1408 OF OFFICIAL RECORDS, PAGE 368;
THENCE SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE OF SAID LAST NAMED PARCEL
CONVEYED TO CARDER AND PARALLEL WITH THE NORTHWESTERLY LINE OF MCKENDRIE STREET 50 FEET TO THE SOUTHWESTERLY CORNER THEREOF;
THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY LINE OF SAID LAND CONVEYED TO LOPAS AND PARALLEL WITH THE NORTHEASTERLY CORNER THEREOF;
THENCE SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE OF SAID LAST NAMED PARCEL AND PARALLEL TO THE NORTHWESTERLY LINE OF MCKENDRIE STREET 150 FEET TO THE POINT OF BEGINNING.
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
MUN(PD)
PDC20-017
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.