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1 T-52003 / 2040562_2 Council Agenda: 8/8/23 Item No.: 10.1(e)(3) DRAFT Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. REVISED per Supplemental Memorandum to Council dated August 2, 2023.
RESOLUTION NO.____A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN JOSE APPROVING, SUBJECT TO CONDITIONS, A PLANNED DEVELOPMENT PERMIT, TO ALLOW THE REMOVAL OF 57 TREES (43 ORDINANCE-SIZE AND 14 NON-ORDINANCE-SIZE) WITH 128 REPLACEMENT TREES FOR THE CONSTRUCTION OF AN APPROXIMATELY 208,000-SQUARE-FOOT MANUFACTURING AND ASSEMBLY BUILDING AND ASSOCIATED SITE MODIFICATIONS INCLUDING SURFACE PARKING, LIGHTING, CIRCULATION, AND LANDSCAPING IMPROVEMENTS ON AN APPROXIMATELY 10.46-GROSS-ACRE SITE, LOCATED AT THE SOUTHWEST CORNER OF WEST TRIMBLE ROAD AND ORCHARD PARKWAY (350 WEST TRIMBLE ROAD) (APN 101-02-018) FILE NO. PD22-028 WHEREAS, pursuant to the provisions of Chapter 20.100 of Title 20 of the San José Municipal Code, on May 4, 2022, an application (File No. PD22-028) was filed by the owner and applicant, Anthony Calderone of LBA Realty, with the City of San José for a Planned Development Permit to allow the removal of 57 trees (43 ordinance-size and 14 non-ordinance-size) with 128 replacement trees for the construction of an approximately 208,000-square-foot manufacturing and assembly building and associated site modifications including surface parking, lighting, circulation, and landscaping improvements on an approximately 10.46-gross-acre site, on that certain real property situated in the IP(PD) Planned Development Zoning District and located at the southwest corner of West Trimble Road and Orchard Parkway (350 West Trimble Road, APN 101-02-018) NVF:AXY:DJF5/25/23
2 T-52003 / 2040562_2 Council Agenda: 8/8/23 Item No.: 10.1(e)(3) DRAFT Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. REVISED per Supplemental Memorandum to Council dated August 2, 2023.
WHEREAS,the subject property is all that real property more particularly described in Exhibit "A," , and which is attached hereto and made a part hereof by this reference as if fully set forth herein; and WHEREAS, pursuant to and in accordance with Chapter 20.100 of Title 20 of the San José Municipal Code, the Planning Commission conducted a Public Hearing on said application on June 14, 2023, notice of which was duly given; and WHEREAS, at said hearing, the Planning Commission gave all persons full opportunity to be heard and to present evidence and testimony respecting said matter; and WHEREAS, at said hearing, the Planning Commission made a recommendation to the City Council respecting said matter based on the evidence and testimony; and WHEREAS, pursuant to and in accordance with Chapter 20.100 of Title 20 of the San José Municipal Code, this City Council conducted a hearing on said application, notice of which was duly given; and WHEREAS, at said hearing this City Council gave all persons full opportunity to be heard and to present evidence and testimony respecting said matter; and WHEREAS, at said hearing this City Council received and considered the reports and recommendation of the CitDirector of Planning, Building and Code Enforcement; and WHEREAS, at said hearing, this City Council received in evidence a plan for the subject Planned Development Permit Advanced ManufacturingMarch 1, 2023, said plan is on file in the Department of Planning, Building and Code Enforcement NVF:AXY:DJF5/25/23
3 T-52003 / 2040562_2 Council Agenda: 8/8/23 Item No.: 10.1(e)(3) DRAFT Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. REVISED per Supplemental Memorandum to Council dated August 2, 2023. and is available for inspection by anyone interested herein, and said plan is incorporated herein by this reference, the same as if it were fully set forth herein; and WHEREAS, said public hearing before the City Council was conducted in all respects as required by the San José Municipal Code and the rules of this City Council; and WHEREAS, this City Council has heard and considered the testimony presented to it at the public hearing, and has further considered written materials submitted on behalf of the project applicant, City staff, and other interested parties; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE THAT: After considering evidence presented at the public hearing, the City Council finds that the following are the relevant facts and findings regarding this proposed project: 1. Site Description and Surrounding Uses. The subject 10.46-gross-acre site is located at the southwest corner of West Trimble Road and Orchard Parkway (350 West Trimble Road, APN 101-02-018). The site is bounded by industrial uses to the north and west across West Trimble Road, to the east across Orchard Parkway, and to the south. The site is currently vacant. 2. Project Description. The project consists of the development of vacant land for the construction of an approximately 208,000-square-foot manufacturing and assembly building. Associated site modifications include new surface parking, lighting, circulation, and landscaping improvements. Approximately ten percent (20,000 square feet) of the manufacturing and assembly building would be used as incidental office space. The maximum height of the building is approximately 50 feet. Fifteen above-grade and two at-grade loading docks would be located on the southern side of the building. New surface parking areas consisting of 280 vehicle spaces and six motorcycle spaces are located east and west of the building. The number of vehicle parking spaces provided results in an approximately 46.7 percent vehicle parking reduction. The vehicle parking reduction is supported with the implementation of a Transportation Demand Management (TDM) Plan. The site is accessible to vehicles from a primary 26-foot-wide driveway along Orchard Parkway. Secondary vehicular access is provided via an existing road which connects to Orchard Parkway south of the site. This access road would be extended to the west, NVF:AXY:DJF5/25/23
4 T-52003 / 2040562_2 Council Agenda: 8/8/23 Item No.: 10.1(e)(3) DRAFT Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. REVISED per Supplemental Memorandum to Council dated August 2, 2023. providing a connection to West Trimble Road. Three driveways along this access road lead into the site: a 26-foot-wide driveway leading into the surface parking area west of the building, a 36-foot-wide driveway leading into the loading dock area, and a 28-foot-wide driveway leading into the surface parking area east of the building. A fifth driveway for emergency vehicle access is provided along West Trimble Road. To allow development of the site, 57 trees would be removed (43 ordinance-size and 14 non-ordinance-size). A total of 128 24-inch box replacement trees would be planted on site. Off-site improvements include the construction of a 12-foot-wide attached sidewalk along the West Trimble Road project frontage, the construction of a new Class IV separated bike path along the West Trimble Road and Orchard Parkway project frontages, and the removal of existing pork-chop islands at the southwest and southeast corners of the West Trimble Road/Orchard Parkway intersection. The plan set indicates potential future emergency generator locations at utility pads in this Planned Development Permit and any future emergency generator installation would be addressed in subsequent permits as conditioned. 3. General Plan Conformance. The site is designated Industrial Park on the Land Use/Transportation Diagram of the Envision San José 2040 General Plan. This designation is an industrial designation intended for a wide variety of industrial users such as research and development, manufacturing, assembly, testing and offices. This designation is differentiated from the Light Industrial and Heavy Industrial designations in that Industrial Park uses are limited to those for which the functional or operational characteristics of a hazardous or nuisance nature can be mitigated through design controls. One primary difference between this use category and the design standards are more stringently applied to Industrial Park uses. Analysis: A light manufacturing and assembly use is designation of Industrial Park. The Industrial Park designation allows up to 10.0 FAR; the approximately 208,000-square foot single-story building would result in a FAR of 0.43. The project is consistent with the following General Plan Goals and Policies: Implementation Policy IP-8.5: Use the Planned Development zoning process to tailor such regulations as allowed uses, site intensities and development standards to a particular site for which, because of unique circumstances, a Planned Development zoning process will better conform to Envision General Plan goals and policies than may be practical through implementation of a conventional Zoning District. These development standards and other site design issues implement the design standards set forth in the Envision General Plan and design guidelines adopted by the City Council. The second phase of this process, the Planned Development permit, is a NVF:AXY:DJF5/25/23
5 T-52003 / 2040562_2 Council Agenda: 8/8/23 Item No.: 10.1(e)(3) DRAFT Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. REVISED per Supplemental Memorandum to Council dated August 2, 2023. combined site/architectural permit and conditional use permit which implements the approved Planned Development zoning on the property.Analysis: The Planned Development Rezoning would replace the existing IP(PD) Planned Development Zoning District (File No. PDC17-026) by adding allowed uses from the IP Industrial Park Zoning District. Under the existing zoning district PDC17-026, the siteNeighborhood Zoning District. The Planned Development Rezoning would preserve the allowed uses of the existing zoning district PDC17-026 while bringing the site closer in conformance to the General Plan land use designation of Industrial Park. 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 José, the Berryessa International Business Park and Edenvale. Business Growth and Retention Policy IE-2.8: Encourage business and property development that will provide jobs and generate revenue to support city services and infrastructure. Analysis for IE-1.5 and IE-2.8: The site is located within the North San José Employment Area, which is focused on employment growth and higher density development at transit-oriented sites. The project would allow for the development of a manufacturing and assembly building, which would provide jobs and generate revenue at a currently vacant site. In addition, the site is located within a half mile of existing transit facilities: the Bonaventura and Component VTA Light Rail Stations. Land Use Policy LU-6.4: Encourage the development of new industrial areas and the redevelopment of existing older or marginal industrial areas with new industrial uses, particularly in locations which facilitate efficient commute patterns. Use available public financing to provide necessary infrastructure improvements as one means of encouraging this economic development and revitalization. Analysis: The site is approximately 1,700 feet southwest of the Bonaventura VTA Light Rail Station and approximately 1,900 feet northwest of the Component VTA Light Rail Station. The Permittee is required to implement a Transportation Demand Management (TDM) Plan which includes a Transit Use Incentive Program for employees. This program would encourage employee transit ridership, facilitating efficient commute patterns. 4. Zoning Ordinance Compliance. General Development Plan The project is located within the IP(PD) Planned Development Zoning District per File No. PDC22-009IP(PD) Planned Development Zoning District would allow for light manufacturing and assembly uses as well as uses that conform with the IP Industrial Park Zoning District, NVF:AXY:DJF5/25/23
6 T-52003 / 2040562_2 Council Agenda: 8/8/23 Item No.: 10.1(e)(3) DRAFT Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. REVISED per Supplemental Memorandum to Council dated August 2, 2023. in alignment with the Industrial Park General Plan land use designation. The Planned Development Zoning District allows light manufacturing and assembly uses as permitted uses with the issuance of a Planned Development Permit.Setbacks and Height The table below outlines the proposed Development Standards as shown in the General Development Plan of the IP(PD) Planned Development Zoning District File No. PDC22-009. Development Standard Required Proposed West Trimble Road Setback 10 feet minimum Approximately 30 feet Orchard Parkway Setback 10 feet minimum Approximately 175 feet All Other Setbacks 15 feet minimum Approximately 23 feet Maximum Building Height 150 feet Approximately 50 feet As shown on the Project Plans, the project conforms with all required height and setback standards pursuant to the General Development Plan of the Planned Development Zoning District. Parking Use Square Footage Ratio Required Manufacturing and assembly 188,000 square feet 1 per 350 square feet of floor area plus one company vehicle* 457 spaces Office, general business 20,000 square feet 1 per 250 square feet of floor area* 68 spaces Total Required 525 spaces Total Provided 280 spaces Parking Reduction 46.7% * - The project is not subject to the new parking ordinance. While the new parking ordinance went into effect on April 10, 2023, the project was deemed complete on February 9, 2023, giving the Permittee the option of having the project subject to the old parking ordinance. The Permittee chose to have the project incorporate the NVF:AXY:DJF5/25/23
7 T-52003 / 2040562_2 Council Agenda: 8/8/23 Item No.: 10.1(e)(3) DRAFT Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. REVISED per Supplemental Memorandum to Council dated August 2, 2023.
Plan. Future projects may also utilize the parking standards of the new parking ordinance, as may be amended. The General Development Plan also states that Development Zoning District and immediately adjacent parcels zoned CIC Combined Industrial/Commercial with an approved Planned Development Permit. Pursuant to Section 20.90.060 of the Zoning Code, the project is required to provide 525 vehicle parking spaces. A total of 280 vehicle parking spaces are provided, resulting in a parking reduction of approximately 46.7 percent. Pursuant to Section 20.90.220 of the Zoning Code, up to 50 percent of the parking reduction would be allowed as the project is located within 2,000 feet of two existing rail stations: Bonaventura and Component VTA Light Rail Stations. As this parking reduction is greater than 20 percent, the implementation of a TDM Plan is required, pursuant to Section 20.90.220(A)(c). A TDM plan, dated October 27, 2022 was prepared by Hexagon Transportation Consultants, Inc., which achieves an approximately 46.7 percent parking reduction. In accordance with Section 20.90.220, the TDM Plan includes the implementation of a Transit Use Incentive Program for employees, telecommuting and flexible work schedules, and an on-site TDM coordinator. In addition to the approximately 46.7 percent parking reduction, the project requires a total of six motorcycle parking spaces and 37 bicycle parking spaces. The project would provide six motorcycle parking spaces and 42 bicycle parking spaces, in compliance with the Zoning Code requirements. Noise Pursuant to the General Development Plan of the IP(PD) Planned Development Zoning District, the project is subject to the performance standards of IP Industrial Park Zoning District. Pursuant to Table 20-135 of Section 20.50.300 of the Zoning Code, the maximum allowed noise level is 70 decibels for industrial uses adjacent to industrial properties, 60 decibels for industrial uses adjacent to commercial properties, and 55 decibels for industrial uses adjacent to residential properties. As previously described, the site plan includes potential future emergency generator that any future emergency generator would be 300-kW, powered by a 460-horsepower diesel engine. The proposal of any future emergency generator would be reviewed in subsequent permits as necessary. The site is surrounded by industrial uses on all sides and is located approximately 3,000 feet from the nearest residential property. Due to the distance of the site from noise-sensitive receptors, noise generated by an residential property lines. Noise generated by an emergency generator would be temporary. In order to ensure that mechanical noise does not exceed the allowed noise level at adjacent non-residential land uses, the Permittee shall retain a qualified NVF:AXY:DJF5/25/23
8 T-52003 / 2040562_2 Council Agenda: 8/8/23 Item No.: 10.1(e)(3) DRAFT Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. REVISED per Supplemental Memorandum to Council dated August 2, 2023. acoustical consultant to review selected mechanical equipment prior to the issuance of building permits for the generator. The equipment selected shall comply with the with the maximum noise levels described above.In addition, the Planned Development Permit includes standard environmental conditions to reduce construction noise. Construction hours are limited to 7:00 A.M. to 7:00 P.M. Monday through Friday. A Construction Disturbance Coordinator shall be appointed to address any construction-related complaints. Tree Removals The project is subject to the following tree replacement ratios as shown in the table below. Table: Tree Replacement Ratios Circumference of Tree to be Removed Type of Tree to be Removed Minimum Size of Each Replacement Tree Native Non-Native Orchard 38 inches or more 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 Note: Trees greater than or equal to 38-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 inch A 24- - The project includes the removal of 57 trees. Of the trees to be removed, 43 are ordinance-size and 14 are non-ordinance-size. An arborist report was prepared by HMH Engineers, dated April 22, 2022. Based on the plan set, the trees to be removed are located within the building footprint and surface parking areas. Twenty-three of the trees to be removed are species native to California such as Blue Oak, Coast Live Oak, and Valley Oak; 34 of the trees are species not native to California such as Ginkgo, Callery Pear, and Deodar Cedar. Based on the circumference and type of tree proposed for removal, 18 trees require replacement at a 5:1 ratio, 20 trees require replacement at a 4:1 ratio, two trees require replacement at a 3:1 ratio, and 11 trees require replacement at a 2:1 ratio. Based on the requirements listed in the table above, the removal of the 57 trees requires the replacement of either 198 15-gallon trees or NVF:AXY:DJF5/25/23
9 T-52003 / 2040562_2 Council Agenda: 8/8/23 Item No.: 10.1(e)(3) DRAFT Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. REVISED per Supplemental Memorandum to Council dated August 2, 2023. 99 24-inch box trees on site. A total of 128 24-inch box trees (equal to 256 15-gallon trees) are to be planted on site, exceeding the number of replacement trees required to be planted. These trees include Strawberry Tree, Fastigiate European Hornbeam, Incense Cedar, Chinese Hackberry, Eastern Redbud, Western Redbud, Maidenhair Tree, White Crape Myrtle, Brisbane Box, Paperbark Tree, Tupelo Gum, Jerusalem Thorn (Mexican Palo Verde), Chinese Pistache, London Plane Tree, Fern Pine, Elegant Water Gum, Cork Oak, and Chinese Elm. 5. North San José Urban Design Guidelines. The project is subject to the following provisions of the North San José Urban Design Guidelines, as the site is located within the boundaries of the North San José Development Area: Building Articulation o Encourage horizontal and vertical articulation through changes in building volumes, recesses, balconies, awnings, textures, materials, and colors. Analysis: The building architecture includes several methods of achieving sufficient articulation. The building includes plane, material, and color changes, particularly along the adjacent street frontage. Vertical articulation elements Building Frontages and Entries o Main entries should be visually prominent and should be oriented to a public street or pathway. Analysis: The main entries of the building are located along West Trimble Road. The entries include a significant amount of glass, awnings, and other articulation elements which make them more visually prominent. Minimize the visual impact of service areas and garage entrances by locating them behind buildings and away from public streets and pathways. Provide screening through landscaping, fences, and canopies. Analysis: The loading area is located on the southern side of the building, opposite of West Trimble Road, and are not visible from the public right-of-way. Building Design and Materials o Prefer long-lasting and low-maintenance façade materials such as metals, glass, brick, engineered wood, concrete and stone. Use light colors for large façade areas. o On the façades of large buildings, use a balanced mix of materials. Analysis: Exterior materials indicated on the plan set include concrete, metal, and glass in a variety of colors. Frequent material and color changes provide a balanced mix of materials which help break up the building mass.
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10 T-52003 / 2040562_2 Council Agenda: 8/8/23 Item No.: 10.1(e)(3) DRAFT Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. REVISED per Supplemental Memorandum to Council dated August 2, 2023.
6. Citywide Design Standards and Guidelines Consistency. Where the North San José Urban Design Guidelines are silent, the Citywide Design Standards and Guidelines apply. The project is subject to the following provisions: Section 2.2.1 Pedestrian and Bicycle Access Location o Standard 5 Place primary building entrance such that it can be accessed from a street, public open space, semi-private open space, or POPOS. o Guideline 1 Provide frequent entrances and openings in building facades to connect buildings to the public realm. Analysis: Primary building entrances are located along West Trimble Road, at surface parking areas and the street. As previously mentioned, a new 12-foot-wide attached sidewalk and a Class IV separated bike path along West Trimble Road would be constructed. Secondary building entrances are provided along the West Trimble Road frontage and the rear of the building. Section 2.3.5 Bicycle Parking Placement o Standard 1 Locate at least 40 percent of the required bicycle parking on the ground floor with direct physical access to an elevator or building exit. Analysis: As indicated on the plan set, all bicycle parking is located adjacent to a building entrance, with the majority of spaces located at the corner office entrances along West Trimble Road. Section 3.2.3 Services and Utilities Entrances and Design o Standard 1 Screen solid waste, utilities, and service areas from residential and commercial uses, and on-site and off-site views to limit visual impact on the public realm using fences, walls, or landscaping that: Use durable and weather-resistant materials. Are four to five feet tall. Do not interrupt the line-of-sight of drivers entering or exiting the site. Analysis: opposite of West Trimble Road. Trash facilities are screened with a solid concrete wall six feet in height. Trees planted in the adjacent surface parking areas will provide additional screening. Section 4.1.3 Mitigating Blank Walls o Standard 1 Limit continuous blank walls on the ground floor to less than 30 feet along primary street façades and 50 feet along secondary street façades. Analysis: To avoid the appearance of blank walls along West Trimble Road, the project includes frequent material and color changes to articulate the street- NVF:AXY:DJF5/25/23
11 T-52003 / 2040562_2 Council Agenda: 8/8/23 Item No.: 10.1(e)(3) DRAFT Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. REVISED per Supplemental Memorandum to Council dated August 2, 2023. facing façade. There are no blank walls more than 30 feet in length along West Trimble Road.7. City Council Policy 6-30: Public Outreach Policy for Pending Land Use Decisions. Staff followed Council Policy 6-30: Public Outreach Policy in order to inform the public of the proposed project. On-site signs have been posted on the project frontages since December 8, 2022. A formally noticed Community Meeting was held on Thursday, January 19, 2023 to introduce the proposed project to the community. 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. Additionally, a notice of the public hearing was posted in a newspaper of record (San José Post Record) on May 17, 2023. The staff report is also posted on public. 8. Environmental Review. The City of San José, as the lead agency for the proposed project prepared an Initial Study/Mitigated Declaration (IS/MND) in compliance with CEQA. The 350 West Trimble Road Project IS/MND was circulated for public review and comment for twenty days from April 3, 2023, through April 24, 2023. Comments were received from public agencies, organizations, and a Native American Heritage Commission registered tribe. Comments received concerned the following: Proper monitoring of Transportation Demand Management program(s) to demonstrate effectiveness, application of base land cover fees consistent with the Habitat Plan, notices of no impact or interference with public facilities or easements, tree removal, grading, permitting history and associated mitigation, and minor text corrections. City staff also received comments requesting clarifying information from the Habitat Agency and the Santa Clara Valley Audubon Society. Although not required by the CEQA, City staff prepared a Response to Comments document and The comments received on provide information indicating the project would result in new environmental impacts or impacts substantially greater in severity than disclosed in the IS/MND. Minor revisions were added to the text of the IS/MND and are included in the Response to Comments document. The text CEQA Guidelines Section 15073.5 and recirculation of the MND is not required. The Initial Study concluded that the proposed project would not result in any significant and unavoidable environmental impacts with implementation of identified mitigation measures. The MND includes impacts related to Biological Resources, Cultural Resources, Hazards and Hazardous Materials, Noise, Transportation, and Tribal Cultural Resources. The project includes a Mitigation Monitoring and Reporting NVF:AXY:DJF5/25/23
12 T-52003 / 2040562_2 Council Agenda: 8/8/23 Item No.: 10.1(e)(3) DRAFT Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. REVISED per Supplemental Memorandum to Council dated August 2, 2023.
Program to lessen the identified impacts to a less than significant level. Therefore, an EIR is not required, and an Initial Study/Mitigated Negative Declaration is the appropriate level of CEQA clearance for the project. The entire IS/MND, Reponses to Comments, and other related environmental documents are available on the Planning website at: https://www.sanjoseca.gov/your-government/departments-offices/planning-building-code-enforcement/planning-division/environmental-planning/environmental-review/negative-declaration-initial-studies/350-west-trimble-road-project. 9. Planned Development Permit Findings: Section 20.100.940 of the San José Municipal Code specifies the required findings for the approval of a Planned Development Permit. a. The Planned Development Permit, as issued, is consistent with and furthers the policies of the General Plan; and Analysis: The project is consistent with the General Plan Land Use Designation of Industrial Park, which is intended for manufacturing, assembly, and office uses. The project is consistent with General Plan policies regarding Planned Development Zoning implementation, land use and employment, business growth and retention, and land use. The project revises the existing IP(PD) Planned Development Zoning District (PDC17-026) by adding allowed uses from the IP use designation. The manufacturing and assembly building would be located on vacant land, intensifying the site and generating jobs and revenue for the City. b. The Planned Development Permit, as issued, conforms in all respects to the Planned Development Zoning of the property; and Analysis: The project conforms with the Development Standards of the General Development Plan for the Planned Development Zoning District (File No. PDC22-009). The newly created IP(PD) Planned Development Zoning District would allow for manufacturing and assembly uses, in addition to uses that conform with the IP Industrial Park Zoning District. As previously discussed, the current IP(PD) Planned Development Zoning District (PDC17-026) does not allow these uses. With the exception of a taproom or tasting room ancillary with a winery, brewery, or distillery, which requires an Administrative Permit, permitted uses listed in the General Development Plan shall require the approval of a Planned Development Permit. As discussed in the San José Municipal Code Conformance section above, the project is consistent with all required setbacks, heights, and parking, and noise requirements of the Planned Development Zoning District. c. The Planned Development Permit, as approved, is consistent with applicable City Council Policies, or counterbalancing considerations justify the inconsistency; and NVF:AXY:DJF5/25/23
13 T-52003 / 2040562_2 Council Agenda: 8/8/23 Item No.: 10.1(e)(3) DRAFT Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. REVISED per Supplemental Memorandum to Council dated August 2, 2023.
Analysis: Council Policy 6-30: Public Outreach Policy was implemented in order to inform the public of the project. An on-site sign has been posted on the project frontage since December 8, 2022. A formally noticed Community Meeting was held on January 19, 2023 to introduce the project to the community. Five members of the public attended the meeting. Two members commented at the meeting, construction. Staff responded that labor would be determined following the 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. Additionally, a notice of the public hearing was posted in a newspaper of record (San José Post Record) on May 17, 2023. Staff has also been available to respond to questions from the public. d. The interrelationship between the orientation, location, mass and scale of building volumes, and elevations of proposed buildings, structures, and other uses on-site are appropriate, compatible and aesthetically harmonious; and Analysis: The project consists of a manufacturing and assembly building and surface parking. The manufacturing and assembly building would occupy the majority of the approximately 10.46-gross-acre site and would be located fronting West Trimble Road. The main building entrances are oriented towards West Trimble Road and are accessible from the street as well as adjacent surface parking areas. Features of the building which are less pedestrian-oriented, such as the loading docks and trash enclosure, are located opposite of West Trimble Road, away from public view. The project is consistent with applicable standards of the North San José Urban Design Guidelines and Citywide Design Standards and Guidelines. e. 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 CEQA, will not have an unacceptable negative effect on adjacent property or properties. Analysis: Environmental impacts related to noise, vibration, dust, drainage, erosion, storm water runoff, and odor would be temporary and may only occur during construction. Construction hours are limited to 7:00 A.M. to 7:00 P.M. Monday through Friday. A Construction Disturbance Coordinator shall be appointed to address any construction-related complaints. The project would conform with all applicable noise requirements of the Planned Development Zoning District (File No. PDC22-009), which reference the performance standards of the IP Industrial Park Zoning District, as amended. The project includes standard environmental permit conditions to reduce and mitigate impacts regarding air quality, dust and emissions control, water quality, and noise. Additionally, the project is required to adhere to the Mitigation Monitoring and Reporting Program NVF:AXY:DJF5/25/23
14 T-52003 / 2040562_2 Council Agenda: 8/8/23 Item No.: 10.1(e)(3) DRAFT Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. REVISED per Supplemental Memorandum to Council dated August 2, 2023. (MMRP) prepared for the project in association with the 350 West Trimble Road Project Initial Study/Mitigated Negative Declaration.10. Parking Reduction Findings.Section 20.90.220 of the San José Municipal Code specifies the required findings for a parking reduction. a. The structure or use is located within two thousand (2,000) feet of a proposed or an existing rail station or bus rapid transit station, or an area designated as a Neighborhood Business District, or as an Urban Village, or as an area subject to an 20.90.220(G); and b. The structure or use provides bicycle parking spaces in conformance with the requirements of Table 20-90. c. For any reduction in the required off-street parking spaces that is more than twenty percent, the project shall be required to implement a TDM program that contains but is not limited to one of the following measures: i. Develop a transit use incentive program for employees, such as on-site distribution of passes or subsidized transit passes for local transit system (participation in the regionwide Clipper Card or VTA SmartPass system will satisfy this requirement); or ii. Implement telecommuting and flexible work schedules; or iii. Implement public information elements such as designation of an on-site TDM manager and education of employees regarding alternative transportation options. d. In addition to the requirements of Section 20.90.220, for any reduction in the required off-street parking spaces that is more than twenty percent, the project shall be required to implement a TDM program that contains but is not limited to at least two of the following measures in Section 20.90.200(A)(1)(d). Analysis: Pursuant to Section 20.90.060 of the Zoning Code at the time the project was deemed complete, the project is required to provide 525 vehicle parking spaces. A total of 280 vehicle parking spaces are provided, resulting in a parking reduction of approximately 46.7 percent. Pursuant to Section 20.90.220 of the Zoning Code, the project is eligible for a reduction in required vehicle parking of up to 50 percent as the project is located within 2,000 feet of two existing rail stations: Bonaventura and Component VTA Light Rail Stations. As this parking reduction is greater than 20 percent, the implementation of a TDM Plan is required, pursuant to Section 20.90.220(A)(c). A TDM plan, dated October 27, 2022 was prepared by Hexagon Transportation Consultants, Inc., which achieves an approximately 46.7 percent parking reduction. In accordance with Section 20.90.220, the TDM Plan includes the implementation of a Transit Use Incentive Program for employees, telecommuting and flexible work schedules, and an on-site TDM coordinator. The implementation NVF:AXY:DJF5/25/23
15 T-52003 / 2040562_2 Council Agenda: 8/8/23 Item No.: 10.1(e)(3) DRAFT Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. REVISED per Supplemental Memorandum to Council dated August 2, 2023. of the TDM Plan is included as a condition of approval in this Planned Development Permit Resolution.11. Tree Removal Permit Findings.Section 13.32.100 of the San José Municipal Code specifies the required findings for live tree removals. a. That the condition of the tree with respect to disease, danger of falling, proximity to an existing or proposed structure, and/or interference with utility services, is such that preservation of the public health or safety requires its removal. b. That the location of the tree with respect to a proposed improvement unreasonably restricts the economic development of the parcel in question; or Analysis: The project includes the removal of 57 trees. Of the trees to be removed, 43 are ordinance-size and 14 are non-ordinance-size. An arborist report was prepared by HMH Engineers, dated April 22, 2022. Based on the plan set, the trees to be removed are located within the building footprint and surface parking areas. Twenty-three of the trees to be removed are species native to California such as Blue Oak, Coast Live Oak, and Valley Oak; 34 of the trees are species not native to California such as Ginkgo, Callery Pear, and Deodar Cedar. Based on the circumference and type of tree proposed for removal, 18 trees require replacement at a 5:1 ratio, 20 trees require replacement at a 4:1 ratio, two trees require replacement at a 3:1 ratio, and 11 trees require replacement at a 2:1 ratio. Based on the requirements listed in the table above, the removal of the 57 trees requires the replacement of either 198 15-gallon trees or 99 24-inch box trees on site. A total of 128 24-inch box trees (equal to 256 15-gallon trees) are to be planted on site, exceeding the number of replacement trees required to be planted. These trees include Strawberry Tree, Fastigiate European Hornbeam, Incense Cedar, Chinese Hackberry, Eastern Redbud, Western Redbud, Maidenhair Tree, White Crape Myrtle, Brisbane Box, Paperbark Tree, Tupelo Gum, Jerusalem Thorn (Mexican Palo Verde), Chinese Pistache, London Plane Tree, Fern Pine, Elegant Water Gum, Cork Oak, and Chinese Elm. In accordance with the findings set forth above, a Planned Development Permit to use the subject property for said purpose specified above and subject to each and all of the conditions hereinafter set forth is hereby granted. This City Council expressly declares that it would not have granted this Permit except upon and subject to each and all of said conditions, each and all of which conditions shall run with the land and be binding upon the owner and all subsequent owners of the subject property, and all persons who use the subject property for the use conditionally permitted hereby. APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. Acceptance of Permit. Per Section 20.100.290(B), should the Permittee fail to file a timely and valid appeal of this Planned Development Permit within the NVF:AXY:DJF5/25/23
16 T-52003 / 2040562_2 Council Agenda: 8/8/23 Item No.: 10.1(e)(3) DRAFT Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. REVISED per Supplemental Memorandum to Council dated August 2, 2023. applicable appeal period, such inaction by the Permittee shall be deemed to constitute all of the following on behalf of the Permittee:a. Acceptance of the Permit by the Permittee; andb. Agreement by the Permittee to be bound by, to comply with, and to do all things required of or by the Permittee pursuant to all of the terms, provisions, and conditions of this Permit or other approval and the provisions of Title 20 of the San José Municipal Code applicable to such Permit. 2.Permit Expiration. This Permit shall automatically expire four (4) years from and after the date of issuance hereof by the City Council, if within such time period, the proposed use of the site or the construction of buildings (if a Building Permit is required) has not commenced, pursuant to and in accordance with the provision of this Permit. The date of issuance is the date this Permit is approved by the City Council. However, the Director of Planning may approve a Permit Adjustment/Amendment to extend the validity of this Permit in accordance with Title 20. The Permit Adjustment/Amendment must be approved prior to the expiration of this Permit. 3.Building Permit/Certificate of Occupancy. Procurement of a Building Permit and/or Certificate of Occupancy from the Building Official for the structures described or contemplated under this Permit shall be deemed acceptance of all conditions specified in this Permit and the Permittee's agreement to fully comply with all of said conditions. No change in the character of occupancy or change to a different group of occupancies as described in the Building Code shall be made without first obtaining a Certificate of Occupancy from the Building Official, as required under San José Municipal Code Section 24.02.610, and any such change in occupancy must comply with all other applicable local and state laws. 4.Sewage Treatment Demand. Pursuant to Chapter 15.12 of Title 15 of the San José Municipal Code, acceptance of this Permit by Permittee shall constitute acknowledgement of receipt of notice by Permittee that (1) no vested right to a Building Permit shall accrue as the result of the granting of this Permit when and if the City Manager makes a determination that the cumulative sewage treatment demand of the San José - Santa Clara Regional Wastewater Facility represented by approved land uses in the area served by said Facility will cause the total sewage treatment demand to meet or exceed the capacity of San José - Santa Clara Regional Wastewater Facility to treat such sewage adequately and within the discharge standards imposed on the City by the State of California Regional Water Quality Control Board for the San Francisco Bay Region; (2) substantive conditions designed to decrease sanitary sewage associated with any land use approval may be imposed by the approval authority; (3) issuance of a Building Permit to implement this Permit may be suspended, conditioned or denied where the City Manager makes a determination that such action is necessary to remain within the aggregate operational capacity of NVF:AXY:DJF5/25/23
17 T-52003 / 2040562_2 Council Agenda: 8/8/23 Item No.: 10.1(e)(3) DRAFT Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. REVISED per Supplemental Memorandum to Council dated August 2, 2023. the sanitary sewer system available to the City of San José or to meet the discharge standards of the sanitary sewer system imposed on the City by the State of California Regional Water Quality Control Board for the San Francisco Bay Region.5.Use Authorization. Subject to all conditions herein, this Permit allows the construction of an approximately 208,000-square-foot manufacturing and assembly building and associated site modifications including surface parking, lighting, circulation, and landscaping improvements on an approximately 10.46-gross-acre site. 6.Conformance to Plans. The development of the site and all associated development and improvements shall conform to the approved Planned Development Permit plans Planned Development Permit Advanced ManufacturingMarch 1, 2023, on file with the Department of Planning, Building and Code Enforcement Title 24), with the exception of any subsequently approved changes. 7.Planned Development District Effectuated. This Planned Development Permit Approved Plan Set and the corresponding legal description. 8.Transportation Demand Management (TDM) Plan. The project is required to implement the TDM Measures included in the TDM Plan prepared by Hexagon Transportation Consultants, Inc, dated October 27, 2022 for the 46.7 percent vehicle parking reduction, for the life of the project, as follows: a. Provide code required number of bicycle parking spaces. b. Implement a Transit Use Incentive Program. c. Implement a Telecommuting and Flexible Work Schedule. d. Provide an on-site TDM Coordinator. 9. Required Vehicular, Motorcycle, and Bicycle Parking. This project shall conform to the vehicular, motorcycle, and bicycle parking requirements of the approved Planned Development Zoning, as amended. Any changes to the required vehicular or bicycle parking requires the issuance of a Permit Adjustment or Amendment to the satisfaction of the Director of Planning. 10. Timing of Tree Removals. Trees that are proposed for removal to accommodate new development shall not be removed until the related complete Public Works Grading Permit Application or Building Permit Application has been filed. 11. Tree Protection Standards. The Permittee shall maintain the trees and other vegetation shown to be retained in this project and as noted on the Approved Plan Set. Maintenance shall include pruning and watering as necessary and protection from construction damage. Prior to the removal of any tree on the site, all trees to be preserved shall be permanently identified by metal numbered tags. Prior to issuance of the Grading Permit or removal of any tree, all trees to be saved shall be protected NVF:AXY:DJF5/25/23
18 T-52003 / 2040562_2 Council Agenda: 8/8/23 Item No.: 10.1(e)(3) DRAFT Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. REVISED per Supplemental Memorandum to Council dated August 2, 2023. by chain link fencing, or other fencing type approved by the Director of Planning. Said fencing shall be installed at the dripline of the tree in all cases and shall remain during construction. No storage of construction materials, landscape materials, vehicles or construction activities shall occur within the fenced tree protection area. Any root pruning required for construction purposes shall receive prior review and approval and shall be supervised by the consulting licensed arborist. Fencing and signage shall be maintained by the Permittee to prevent disturbances during the full length of the construction period that could potentially disrupt the habitat or trees. 12. Landscaping. Planting and irrigation are to be provided by the Permittee, as indicated, on the final Approved Plans. 13. Irrigation Standards. Irrigation shall be installed in accordance with Part 3 of Chapter 15.11 of Title 15 of the San José Municipal Code, Water Efficient Landscape Standards for New and Rehabilitated Landscaping, the City of San José Landscape and Irrigation Guidelines and the Zonal Irrigation Plan in the Approved Plans. The design of the system shall be approved and stamped by a California Registered Landscape Architect. 14. Certification. Pursuant to San José Municipal Code, Section 15.11.1050 certificates of substantial completion for landscape and irrigation installation shall be completed by a licensed or certified professional and provided to the Department of Planning, Building and Code Enforcement prior to approval of the final inspection of the project. 15. Reclaimed Water. The project shall conform to Chapter 15.10 and 15.11 of the San José Municipal Code for use of reclaimed water and shall include an irrigation system designed to allow for the current and future use of reclaimed water for all landscaping. 16. Replacement Landscaping. Existing landscaping to remain but damaged from with the construction of the project shall be replaced with similar landscaping in the immediate area. All landscaped replacement areas shall be automatically irrigated. 17. Green Building Requirements. Building Ordinance for Private Sector New Construction as set for in Municipal Code Chapter 17.84. Prior to the issuance of any shell permits, or complete building permits, for the construction of buildings approved through the scope of this Permit, the Permittee shall pay a Green Building Refundable Deposit. In order to receive a refund of the deposit, the project must achieve the minimum requirements as set forth in Municipal Code Section 17.84. The request for the refund of the Green Building Deposit together with evidence demonstrating the achievement of the green building standards indicated in Municipal Code Section 17.84 shall be submitted within a year after the building permit expires or becomes final, unless a request for an extension is submitted to the Director of Planning, Building, and Code Enforcement in accordance with Section 17.84.305D of the Municipal Code. 18. No Extended Construction Hours. This Permit does not allow any construction activity before 7:00 a.m. or after 7:00 p.m., Monday through Friday, or at any time on NVF:AXY:DJF5/25/23
19 T-52003 / 2040562_2 Council Agenda: 8/8/23 Item No.: 10.1(e)(3) DRAFT Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. REVISED per Supplemental Memorandum to Council dated August 2, 2023. weekends. Construction outside of these hours may be approved by the Director of Planning, Building and Code Enforcement through a Planning Permit Adjustment. 19.Nuisance.This use shall be operated in a manner which does not create a public or private nuisance. Any such nuisance must be abated immediately upon notice by the City. 20. Compliance with Local, State, and Federal Laws. The subject use shall be conducted in full compliance with all local, state, and federal laws. 21. Discretionary Review. The City maintains the right of discretionary review of requests to alter or amend structures, conditions, or restrictions of this Permit incorporated by reference in accordance with Chapter 20.100 of the San José Municipal Code. 22. Refuse. All trash and refuse storage areas shall be effectively screened from view and covered and maintained in an orderly state to prevent water from entering into the trash or refuse container(s). Trash areas shall be maintained in a manner to discourage illegal dumping. 23. Outdoor Storage. No outdoor storage is allowed or permitted unless designated on the Approved Plan Set. 24. Anti-Graffiti. All graffiti shall be removed from buildings and wall surfaces, including job sites for projects under construction, within 48 hours of defacement. 25. Anti-Litter. The site and surrounding area shall be maintained free of litter, refuse, and debris. Cleaning shall include keeping all publicly used areas free of litter, trash, cigarette butts and garbage. 26. No Sign Approval. Any signage shown on the Approved Plan Set are conceptual only. No signs are approved at this time. Any signs shall be subject to review and approval by the Director of Planning through a subsequent Permit Adjustment. 27. Building and Property Maintenance. The property shall be maintained in good visual and functional condition. This shall include, but not be limited to, all exterior elements of the buildings such as paint, roof, paving, signs, lighting, and landscaping. 28. Street Number Visibility. Street numbers of the buildings shall be easily visible from the street at all times, day and night. 29. Mechanical Equipment. The location and type of mechanical equipment shall be as shown on the Approved Plans and shall be screened from view. Changes to the mechanical equipment requires the issuance of a Permit Adjustment or Amendment to the satisfaction of the Director of Planning. 30. No Generators Approved. This Permit does not include the approval of any stand-by/backup electrical power generation facility. Any future stand-by/backup generators NVF:AXY:DJF5/25/23
20 T-52003 / 2040562_2 Council Agenda: 8/8/23 Item No.: 10.1(e)(3) DRAFT Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. REVISED per Supplemental Memorandum to Council dated August 2, 2023. will require a separate administrative Backup/Standby Generator Facility Permit and shall conform to the regulations of Title 20 of the Municipal Code.31.Construction Disturbance Coordinator. Rules and regulations pertaining to all construction activities and limitations identified in this Permit, along with the name and telephone number of a Permittee-appointed disturbance coordinator, shall be posted in a prominent location at the entrance to the job site. 32. FAA Clearance. Prior to issuance of any Building Permit for construction, the Permittee conditions of the FAA determinations (if issued) such as height specifications, rooftop marking/lighting, construction notifications to the FAA through filing of Form 7460-2, and d by a licensed civil engineer or surveyor, with location coordinates (latitude/longitude) in NAD83 datum out to hundredths of seconds, and elevations in NAVD88 datum rounded off to the next highest foot. 33. FAA Clearance Permit Adjustment. Prior to issuance of any Building Permit for construction, the Permittee shall apply for and obtain a Permit Adjustment to incorporate any and all FAA conditions identified in the Determinations of No Hazard (if issued), e.g., installation of roof-top obstruction lighting or construction-related notifications. 34. Subsequent Permit Adjustments/Amendments. Any Permit Adjustment/Amendment application filed by the Permittee that proposes to increase the maximum structure point(s), will be referred by the Planning, Building, and Code Enforcement Department to the Airport Department for review prior to approval. 35. Avigation Easement. Prior to the issuance of a Building Permit for vertical construction, the property owner shall grant an Avigation Easement to the City of San José. Contact the San José Airport Department (408-392-1193) to initiate the easement dedication process. 32.36. Conformance to Mitigation Monitoring and Reporting Program. This project shall conform to all applicable requirements of the Mitigation Monitoring and Reporting Program (MMRP) approved for this development by City Council Resolution No. _______. 33.37. Standard Environmental Permit Conditions. a.Construction Related Air Quality. The following measures shall be implemented during all phases of construction to control dust emissions. i. Water active construction areas at least twice daily or as often as needed to control dust emissions.
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21 T-52003 / 2040562_2 Council Agenda: 8/8/23 Item No.: 10.1(e)(3) DRAFT Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. REVISED per Supplemental Memorandum to Council dated August 2, 2023. ii. Cover trucks hauling soil, sand, and other loose materials and/or ensure that all trucks hauling such materials maintain at least two feet of freeboard.iii. Remove visible mud or dirt track-out onto adjacent public roads using wet-power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. iv. Enclose, cover, water twice daily or apply non-toxic soil binders to exposed stockpiles (dirt, sand, etc.). v. Pave new or improved roadways, driveways, and sidewalks as soon as possible. vi. Lay building pads as soon as possible after grading unless seeding or soil binders are used. vii. All vehicle speeds on unpaved roads shall be limited to 15 mph viii. Replant vegetation in disturbed areas as quickly as possible. ix. Install sandbags or other erosion control measures to prevent silt runoff to public roadways. x. Minimize idling times either by shutting off equipment 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). Provide clear signage for construction workers at all access points. xi. Maintain and properly tune construction equipment in accordance with mechanic and determined to be running in proper condition prior to operation. xii. Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints. b.Biological Resources i. Santa Clara Valley Habitat Plan. The project may be subject to applicable SCVHP conditions and fees (including the nitrogen deposition fee) prior to issuance of any grading permits. The project Permittee shall submit the Santa Clara Valley Habitat Plan Coverage Screening Form ((https://www.scv-habitatagency.org/DocumentCenter/View/151/Coverage-Screening-Form?bidId=) to the Director of Planning, Building and Code Enforcement (PBCE) or the Director's designee for approval and payment of all applicable fees prior to the issuance of a grading permit. The Habitat Plan and supporting materials can be viewed at https://scv-habitatagency.org/178/Santa-Clara-Valley-Habitat-Plan.
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22 T-52003 / 2040562_2 Council Agenda: 8/8/23 Item No.: 10.1(e)(3) DRAFT Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. REVISED per Supplemental Memorandum to Council dated August 2, 2023. ii.Tree Replacement.The trees removed for the project shall be replaced at ratios required by the City, as stated in the table below:Table: Tree Replacement Ratios Circumference of Tree to be Removed Type of Tree to be Removed Minimum Size of Each Replacement Tree Native Non-Native Orchard 38 inches or more 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 (i) Based on the circumference and type of tree proposed for removal, 18 trees would be replaced at a 5:1 ratio, 20 trees would be replaced at a 4:1 ratio, two trees would be replaced at a 3:1 ratio, and the remaining 11 trees would be replaced at a 2:1 ratio. As shown in Table 4.4-2 of the IS/MND, there are 23 native trees on-site. The total number of replacement trees required to be planted would be 198 15-gallon trees or 99 24-inch box trees. The project proposes to plant 128 24-inch box trees, which would be more trees than required by the City of San José Tree Protection Ordinance, San José Municipal Code Section 13.28, and in accordance with General Plan Policies MS-21.4, MS-21.5, and MS-21.6. The species of trees to be planted would be determined in consultation with the City Arborist and the Department of Planning, Building, and Code Enforcement (PBCE). (ii) 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 landscape plan requires the issuance of a Permit Adjustment or Permit Amendment.
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23 T-52003 / 2040562_2 Council Agenda: 8/8/23 Item No.: 10.1(e)(3) DRAFT Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. REVISED per Supplemental Memorandum to Council dated August 2, 2023. (a) The size of a 15-gallon replacement tree may be increased to 24-inch box and count as two replacement trees to be planted on the project site.(b) Pay Off-Site Tree Replacement Fee(s) to the City, prior to the issuance of building permit(s), in accordance with the City Council approved Fee Resolution in effect at the time of payment. The City will use the off-site tree replacement fee(s) to plant trees at alternative sites. c. Cultural Resources i. Human Remains. If any human remains are found during any field investigations, grading, or other construction activities, all provisions of California Health and Safety Code Sections 7054 and 7050.5 and Public Resources Code Sections 5097.9 through 5097.99, as amended per Assembly Bill 2641, shall be followed. If human remains are discovered during construction, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains. The project Permittee shall immediately notify the Director of Planning, Building and Code and the qualified archaeologist, who shall then notify the Santa Clara County Coroner. The Coroner will make a determination as to whether the remains are Native American. If the remains are believed to be Native American, the Coroner will contact the Native American Heritage Commission (NAHC) within 24 hours. The NAHC will then designate a Most Likely Descendant (MLD). The MLD will inspect the remains and make a recommendation on the treatment of the remains and associated artifacts. If one of the following conditions occurs, the landowner or his authorized representative shall work with the Coroner to reinter the Native American human remains and associated grave goods with appropriate dignity in a location not subject to further subsurface disturbance: (i) The NAHC is unable to identify a MLD or the MLD failed to make a recommendation within 48 hours after being given access to the site. (ii) The MLD identified fails to make a recommendation; or The landowner or his authorized representative rejects the recommendation of the MLD, and mediation by the NAHC fails to provide measures acceptable to the landowner. ii. Paleontological Resources. If vertebrate fossils are discovered during construction, all work on the site shall stop immediately, Director of Planning, Building and Code Enforceand a qualified professional paleontologist shall assess the nature and importance of the find and recommend appropriate treatment. Treatment may include, but is not limited to, preparation and recovery of fossil materials so that they can be housed in an appropriate museum or university collection and may also include preparation of a report for publication describing the finds. The NVF:AXY:DJF5/25/23
24 T-52003 / 2040562_2 Council Agenda: 8/8/23 Item No.: 10.1(e)(3) DRAFT Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. REVISED per Supplemental Memorandum to Council dated August 2, 2023. project Permittee shall be responsible for implementing the recommendations of the qualified paleontologist. A report of all findings shall be submitted to the d.Greenhouse Gas Emissions/Energy i. Proof of Enrollment in SJCE. Prior to issuance of any Certificate of Occupancy for the project, the occupant shall provide to the Director of the Department of Planning, Building, and Code Enforcement or the designee, proof of enrollment in the San Jose Community Energy (SJCE) TotalGreen program (approximately 100% renewable energy) as assumed in the approved environmental clearance for the project in accordance with CEQA. TTotalGreen program; neither the occupant, nor any future occupant, may opt out of the TotalGreen program. e.Geology and Soils i. Seismic Hazards (i) To avoid or minimize potential damage from seismic shaking, the project shall be constructed using standard engineering and seismic safety design techniques. Building design and construction at the site shall be completed in conformance with the recommendations of an approved geotechnical investigation. The report shall be reviewed and approved by the City of San José Department of Public Works as part of the building permit review and issuance process. The buildings shall meet the requirements of applicable Building and Fire Codes as adopted by the City. The project shall be designed to withstand soil hazards identified on the site and the project shall be designed to reduce the risk to life or property on site and off site to the extent feasible and in compliance with the Building Code. (ii) All excavation and grading work shall be scheduled in dry weather months or construction sites shall be weatherized. (iii) Stockpiles and excavated soils shall be covered with secured tarps or plastic sheeting. (iv) Ditches shall be installed to divert runoff around excavations and graded areas if necessary. (v) The project shall be constructed in accordance with the standard engineering practices in the California Building Code, as adopted by the City of San José. A grading permit from the San José Department of Public Works shall be obtained prior to the issuance of a Public Works clearance. These standard practices would ensure that the future building on the site is designed to properly account for soils-related hazards on the site.
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25 T-52003 / 2040562_2 Council Agenda: 8/8/23 Item No.: 10.1(e)(3) DRAFT Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. REVISED per Supplemental Memorandum to Council dated August 2, 2023. (vi) No dewatering is proposed for the project. If dewatering is needed, theproject shall implement standard construction practices, such as alternative ground water control systems to address potential for settlement to occur. f.Hydrology and Water Quality i. Construction Related Water Quality (i) Burlap bags filled with drain rock shall be installed around storm drains to route sediment and other debris away from the drains. (ii) Earthmoving or other dust-producing activities shall be suspended during periods of high winds. (iii) All exposed or disturbed soil surfaces shall be watered at least twice daily to control dust as necessary. (iv) Stockpiles of soil or other materials that can be blown by the wind shall be watered or covered. (v) All trucks hauling soil, sand, and other loose materials shall be covered and all trucks shall maintain at least two feet of freeboard. (vi) All paved access roads, parking areas, staging areas and residential streets adjacent to the construction sites shall be swept daily (with water sweepers). (vii) Vegetation in disturbed areas shall be replanted as quickly as possible. (viii) All unpaved entrances to the site shall be filled with rock to remove mud from tires prior to entering City streets. A tire wash system shall be installed if requested by the City. (ix) The project Permittee shall comply with the City of San José Grading Ordinance, including implementing erosion and dust control during site preparation and with the City of San José Zoning Ordinance requirements for keeping adjacent streets free of dirt and mud during construction. g.Noise i. Construction Related Noise. Noise minimization measures include, but are not limited to, the following: (i) Pile Driving is prohibited. (ii) Construct solid plywood fences around ground level construction sites adjacent to operational businesses, residences, or other noise-sensitive land uses. (iii) Equip all internal combustion engine-driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment.
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26 T-52003 / 2040562_2 Council Agenda: 8/8/23 Item No.: 10.1(e)(3) DRAFT Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. REVISED per Supplemental Memorandum to Council dated August 2, 2023. (iv) Prohibit unnecessary idling of internal combustion engines.(v) Locate stationary noise-generating equipment such as air compressors or portable power generators as far as possible from sensitive receptors. Construct temporary noise barriers to screen stationary noise-generating equipment when located near adjoining sensitive land uses. (vi) technology exists. (vii) not audible at existing residences bordering the project site. (viii) Notify all adjacent business, residences, and other noise-sensitive land uses of the construction schedule, in writing, and provide a written nearby residences. (ix) If complaints are received or excessive noise levels cannot be reduced using the measures above, erect a temporary noise control blanket barrier along surrounding building facades that face the construction sites. (x) responding to any complaints about construction noise. The disturbance coordinator shall determine the cause of the noise complaint (e.g., bad muffler, etc.) and shall require that reasonable measures be implemented to correct the problem. Conspicuously post a telephone number for the disturbance coordinator at the construction site and include it in the notice sent to neighbors regarding the construction schedule. 34.38.Housing: and each of the conditions below: a. Permittee must strictly comply with each requirement of the approved CLF Satisfaction Plan Application (Plan), Processing Fee, and Agreement, and any other applicable requirements of the CLF. b. No building permit may issue until an Agreement is recorded against the property. No building permit may issue except consistent with the requirements of the CLF and the proposed Plan to fulfill the CLF obligations. c. No scheduling of the final building inspection will occur until all requirements of the Commercial Linkage Fee Ordinance and Guidelines are met. 35.39.Building Division Clearance for Issuing Permits: Prior to the issuance of a Building Permit, the following requirements must be met to the satisfaction of the Chief Building Official:
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27 T-52003 / 2040562_2 Council Agenda: 8/8/23 Item No.: 10.1(e)(3) DRAFT Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. REVISED per Supplemental Memorandum to Council dated August 2, 2023. a.Construction Plans.This permit File No. PD22-028 shall be printed on all construction plans submitted to the Building Division.b.Construction Plan Conformance.A project construction plan conformance review by the Planning Division is required. Planning Division review for project conformance begins with the initial plan check submittal to the Building Division. Prior to any building permit issuance, building permit plans shall conform to the approved Planning development permits and applicable conditions. c. San Ordinances. Ordinances apply to this project and all requirements shall be met. For more information, please visit www.sjenvironment.org/reachcode. d. Americans with Disabilities Act. The Permittee shall provide appropriate access as required by the Americans with Disabilities Act (ADA). e. Emergency Address Card. The project Permittee shall file an Emergency Address Card, Form 200-14, with the City of San José Police Department. f. Project Addressing Plan. Prior to issuance of a Building Permit, the following requirements shall be met to the satisfaction of the Chief Building Official: The project Permittee shall submit an addressing plan for approval for the subject development (residential, mixed use, complex commercial or industrial). The addressing plan should include proposed street names for the streets (as referenced on an approved tentative map) and the type of addressing (i.e., individual street addresses as compared to unit number off of a primary street. 36.40.Bureau of Fire Department Clearance for Issuing Permits: Prior to the issuance of any Building Permit, the project must comply with the California Fire Code as adopted by the City. 37.41.Public Works Clearance for Building Permit(s) or Map Approval: Prior to the approval of the Final Subdivision Map by the Director of Public Works, or the issuance of Building permits, whichever occurs first, the Subdivider will be required to have satisfied all of the following Public Works conditions. The Subdivider is strongly advised to apply for any necessary Public Works permits prior to applying for Building permits. Standard review timelines and submittal instructions for Public Works Permits may be found at the following: http://www.sanjoseca.gov/devresources. a. Construction Agreement: The public improvements conditioned as part of this permit require the execution of a Construction Agreement that guarantees the completion of the public improvements to the satisfaction of the Director of Public Works. This agreement includes privately engineered plans, bonds, insurance, a completion deposit, and engineering and inspection fees. b. Transportation: A Transportation Analysis has been performed for this project. We conclude that the subject project will be in conformance with the City of San NVF:AXY:DJF5/25/23
28 T-52003 / 2040562_2 Council Agenda: 8/8/23 Item No.: 10.1(e)(3) DRAFT Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. REVISED per Supplemental Memorandum to Council dated August 2, 2023.
Jose Transportation Policy (Council Policy 5-1) and a determination for less than significant impacts can be made with respect to transportation impacts. See separate Transportation Analysis Memo dated 01/11/23 for additional information.c.Grading/Geology: i. A grading permit is required prior to the issuance of a Public Works Clearance. ii. All on-site storm drainage conveyance facilities and earth retaining structures 4 feet in height or greater (top of wall to bottom of footing) or is being surcharged (slope of 3:1 or greater abutting the wall) shall be reviewed and approved under Public Works grading and drainage permit prior to the issuance of Public Works Clearance. The drainage plan should include all underground pipes, building drains, area drains and inlets. The project shall provide storm drainage calculations that adhere to the latest California Plumbing Code as adopted under the City of San Jose Municipal Code Section 24.04.100 or submit a stamped and signed engineered design alternative for Public Works discretionary approval and must be designed to convey a 10-year storm event. iii. If the project proposes to haul more than 10,000 cubic yards of cut/fill to or from the project site, a haul route permit is required. Prior to issuance of a grading permit, contact the Department of Transportation at (408) 535-3850 for more information concerning the requirements for obtaining this permit. iv. Because this project involves a land disturbance of one or more acres, the Permittee is required to submit a Notice of Intent to the State Water Resources Control Board and to prepare a Storm Water Pollution Prevention Plan (SWPPP) for controlling storm water discharges associated with construction activity. Copies of these documents must be submitted to the City Project Engineer prior to issuance of a grading permit. v. The Project site is within the State of California Seismic Hazard Zone. A geotechnical investigation report addressing the potential hazard of liquefaction must be submitted to, reviewed and approved by the City Geologist prior to issuance of a grading permit or Public Works Clearance. The report should also include, but not limited to: foundation, earthwork, utility trenching, retaining and drainage recommendations. The investigation should be consistent with the guidelines published by the State of California (CGS Special Publication 117A) and the Southern California Earthquake Center (SCEC, 1999). A recommended depth of 50 feet should be explored and evaluated in the investigation. d. Stormwater Peak Flow Control Measures: The project is located in a non-Post-Construction Hydromodification Management Policy (Council Policy 8-14).
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29 T-52003 / 2040562_2 Council Agenda: 8/8/23 Item No.: 10.1(e)(3) DRAFT Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. REVISED per Supplemental Memorandum to Council dated August 2, 2023. e.Stormwater Runoff Pollution Control Measures: This project must comply with -Construction Urban Runoff Management Policy (Policy 6-29) which requires implementation of Best Management Practices (BMPs) which includes site design measures, source controls and numerically-sized Low Impact Development (LID) stormwater treatment measures to minimize stormwater pollutant discharges. i. been reviewed for conformance with City Policy 6-29. ii. Final inspection and maintenance information on the post-construction treatment control measures must be submitted prior to issuance of a Public Works Clearance. iii. A post construction Final Report is required by the Director of Public Works from a Civil Engineer retained by the owner to observe the installation of the BMPs and stating that all post construction storm water pollution control BMPs have been installed as indicated in the approved plans and all significant changes have been reviewed and approved in advance by the Department of Public Works. f. Flood: Zone (NAVD88) and X: i. The project site is also located within the Updated 2006 North San Jose Floodplain Management Study (NSJFMS) area. The NSJFMS was updated to reflect the completed Downtown and Lower Guadalupe River Flood Protection Projects and to show the resulting blockage requirements for applicable projects in North San Jose. (i) Based on the 2006 NSJFMS, ultimate conveyance shall not exceed 75% of the site perpendicular to flow of flood waters. Flow direction is south to north. Show the reserved flood conveyance path at the PD stage. (ii) Lowest finished floor elevations of each building shall conform to the applicable minimum design elevations shown on the 2006 NSJFMS map. The minimum design elevation per the 2006 NSJFMS map range from . ii. above the 2006 NSJFMS Update minimum design elevation, whichever is higher. iii. Non-residential structures may also be floodproofed to the same elevation. For be at least one foot above the base flood elevation to receive rating credit.
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30 T-52003 / 2040562_2 Council Agenda: 8/8/23 Item No.: 10.1(e)(3) DRAFT Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. REVISED per Supplemental Memorandum to Council dated August 2, 2023. iv. An Elevation Certificate (FEMA Form 086-0-33), based on construction drawings, is required prior to issuance of a building permit. Consequently, an Elevation Certificate for each built structure, based on finished construction, is required prior to issuance of an occupancy permit. v. If the structure is to be floodproofed, a Floodproofing Certificate (FEMA Form 086-0-34) for each structure, floodproofing details, and if applicable, a Flood Emergency Operation Plan and an Inspection & Maintenance Plan are required prior to the issuance of a Public Works Clearance. vi. Building support utility systems such as HVAC, electrical, plumbing, air conditioning equipment, including ductwork, and other service facilities must be elevated above the base flood elevation or protected from flood damage. vii. Construction materials used below the base flood elevation must be resistant to flood damage. g. Sewage Fees: In accordance with City Ordinance all storm sewer area fees, sanitary sewer connection fees, and sewage treatment plant connection fees, less previous credits, are due and payable prior to issuance of Public Works clearance. h. Municipal Water: In accordance with City Ordinance #23975, Major Water Facilities Fee is due and payable. Contact San José Municipal Water at (408) 794-6772 for further information. i.Street Improvements: i. will be located within a sidewalk easement on private property, per City of San José standards along the Trimble Rd frontage, ii. West Trimble Rd/Orchard Pkwy intersection: (i) Remove the existing pork-chop island at the southwest and southeast corners. A major signal modification will be required. (ii) Provide in-lieu monetary contribution ($144 per LF) for the future protected Class IV bikeway along the Trimble Rd and Orchard Pkwy project frontages per the 2025 San Jose Better Bike plan, or (iii) Construct Class IV separated bike path along W Trimble Rd and Orchard Pkwy project frontages with concrete divider and transitions at the West Trimble Rd/Orchard Pkwy intersection. iii. West Trimble Rd/Roadway intersection: Construct 4 new curb ramps per City of San José and ADA standards at the existing Trimble Rd/Roadway Extension intersection crosswalks. iv. Permittee shall be responsible to remove and replace curb, gutter, and sidewalk damaged during construction of the proposed project.
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31 T-52003 / 2040562_2 Council Agenda: 8/8/23 Item No.: 10.1(e)(3) DRAFT Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. REVISED per Supplemental Memorandum to Council dated August 2, 2023. v. Permittee shall be responsible for adjusting existing utility boxes/vaults to grade, locating, and protecting the existing communication conduits along the project frontage.vi. Improvement of the public streets along W. Trimble Road and Orchard Parkway as depicted in the Permit Plan Set and dedication of a sidewalk easement along Trimble Road and to the satisfaction of the Director of Public Works. vii. Repair, overlay, or reconstruction of asphalt pavement may be required along the project frontage. The existing pavement will be evaluated with the street improvement plans and any necessary pavement restoration will be included as part of the final street improvement plans. viii. Any new, or modification to an existing, traffic signal will require a traffic signal -s prior to submitting the application for the Public Street Improvement permit. At least 30 days prior to submitting an application, send a request to begin the kick-off coordination with an electronic copy of a scaled conceptual traffic signal plan showing right-of-way, intersection j.Sanitary: The project is required to submit plan and profile of the private sewer mains with lateral locations for final review and comment prior to construction. k.Electrical: i. Existing electroliers along the project frontage will be evaluated at the public improvement stage and any street lighting requirements will be included on the public improvement plans. ii. Locate and protect existing electrical conduit in driveway and/or sidewalk construction. iii. Provide clearance for electrical equipment from driveways and relocate driveway or electrolier. The minimum clearance from driveways is 10' in commercial areas and 5' in residential areas. iv. Provide clearance for electroliers from overhead utilities and request clearance from utility companies. Clearance from electrolier(s) must provide a minimum of 10' from high voltage lines; 3' from secondary voltage lines; and 1' from communication lines. l.Street Trees: The locations of the street trees will be determined at the street improvement stage. Contact the City Arborist at (408) 794-1901 to confirm the designated street trees. Install street trees within public right-of-way along entire idelines for existing street trees along the project frontage and infill vacant locations (within -center spacing along Orchard Parkway NVF:AXY:DJF5/25/23
32 T-52003 / 2040562_2 Council Agenda: 8/8/23 Item No.: 10.1(e)(3) DRAFT Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. REVISED per Supplemental Memorandum to Council dated August 2, 2023. (species to be determined). Street trees shall be planted in parkstrip at the back of curb along Orchard Parkway from West Trimble Road to northernmost parcel entrance. Obtain a DOT street tree planting permit for any proposed street tree plantings. Street trees shown on this permit are conceptual only. 38.42.Revocation, Suspension, Modification. This Planned Development Permit may be revoked, suspended or modified by the City Council, at any time regardless of who is the owner of the subject property or who has the right to possession thereof or who is using the same at such time, whenever, after a noticed hearing in accordance with Part 2, Chapter 20.100, Title 20 of the San José Municipal Code it finds: a. A violation of any conditions of the Planned Development Permit was not abated, corrected or rectified within the time specified on the notice of violation; or b. A violation of any City ordinance or State law was not abated, corrected or rectified within the time specified on the notice of violation; or c. The use as presently conducted creates a nuisance. In accordance with the findings set forth above, a permit to use the subject property for said purpose specified above is hereby approved. EFFECTIVE DATE The effective date of this Planned Development Permit shall be the same as effective date of the Rezoning Ordinance for File No. PDC22-009 passed for publication on ______, 2023 said Rezoning Ordinance. // // // //////// NVF:AXY:DJF5/25/23
33 T-52003 / 2040562_2 Council Agenda: 8/8/23 Item No.: 10.1(e)(3) DRAFT Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. REVISED per Supplemental Memorandum to Council dated August 2, 2023.
ADOPTED this _______day of ________, 2023,by the following vote:AYES: NOES: ABSENT: DISQUALIFIED: ______________________________ MATT MAHAN Mayor ATTEST: _________________________ TONI J. TABER, CMC City Clerk NOTICE TO PARTIES The time within which judicial review must be sought to review this decision is governed by the provisions of the California Code of Civil Procedure Section 1094.6.
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515400LD05 - Zoning.docx1570 Oakland Road | San Jose, California 95131 | (408) 487-2200 |(408) 487-2222 Fax | www.HMHca.com EXHIBIT “A”REAL PROPERTY in the City of San Jose, County of Santa Clara, State of California, being aportion of Parcel 1 as shown on that certain Parcel Map filed for record on April 20, 2021, in Book 937 of Maps, page 43, Santa Clara County Records, described as follows:BEGINNING at the southeasterly terminus of that certain course shown as North 61°00'32" East, 635.06 feet, on the northwesterly line of said Parcel 1, being on the southeasterly line of Trimble Road;Thence along said southeasterly line, North 60°13'02" East, 635.06 feet to the easterly line of Orchard Parkway; Thence along said easterly line the following three courses: 1. Thence southeasterly, along a non-tangent curve to the right, having a radius of 53.67feet, whose center bears South 03°37'31" East, through a central angle of 70°13'53" foran arc length of 65.79 feet;2. Thence along a compound curve to the right, having a radius of 570.00 feet, through acentral angle of 31°03'47" for an arc length of 309.03 feet;3. Thence South 07°40'10" West, 268.16 feet;Thence along the following five courses:1. Thence North 82°20'13" West, 23.42 feet;2. Thence along a tangent curve to the left, having a radius of 200.00 feet, through acentral angle of 36°57'07" for an arc length of 128.99 feet;3. Thence South 60°42'40" West, 223.20 feet;4. Thence South 85°53'55" West, 649.63 feet;5. Thence North 40°45'40" West, 151.80 feet to the southeasterly line of Trimble Road;Thence along said southeasterly line the following six courses:1. Thence North 49°15'06" East, 60.38 feet;2. Thence northeasterly, along a non-tangent curve to the right, having a radius of 2,780.00feet, whose center bears South 40°45'11" East, through a central angle of 01°40'04" foran arc length of 80.92 feet;3. Thence South 39°05'07" East, 4.50 feet;4. Thence northeasterly, along a non-tangent curve to the right, having a radius of 2,775.50feet, whose center bears South 39°05'07" East, through a central angle of 04°43'17" foran arc length of 228.71 feet;5. Thence North 34°21'50" West, 4.50 feet;6. Thence northeasterly, along a non-tangent curve to the right, having a radius of 2,780.00feet, whose center bears South 34°21'50" East, through a central angle of 04°34'52" foran arc length of 222.27 feet, to the POINT OF BEGINNING.Containing 10.94 acres, more or less.This legal description of land does not constitute a separately created parcel per requirements of the Subdivision Map Act and may not be used as the basis for an offer for sale of the land described.
EXHIBIT "A" (File No. PD22-028)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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515400LD05 - Zoning.docx
This legal description was prepared by me or under my direction in accordance with theProfessional Land Surveyors Act. Date: __________________ __________________________Tracy L. Giorgetti, LS 8720EXHIBIT "A" (File No. PD22-028) DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
EXHIBIT "" (File No. PD22-028)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.