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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
JOSÉ APPROVING, SUBJECT TO CONDITIONS , A
PLANNED DEVELOPMENT PERMIT 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 A
0.443-GROSS-ACRE SITE, LOCATED ON THE NORTHEAST
SIDE OF ELM STREET , APPROXIMATELY 1 05 FEET
NORTHWESTERLY OF MCKENDRIE STREET (972 ELM
STREET)
FILE NO. PD20-010
WHEREAS, pursuant to the provisions of Chapter 20.100 of Title 20 of the San José Municipal Code, on November 20, 2020 , a concurrent application (File No. PD2 0-010) was filed by the applicant Fahed Hbayed, on behalf of the owner, CN One Investment, LLC, with the City of San José for a Planned Development Permit to allow the demolition of the existing 1,900- square-foot single-family house, the removal of seven ordinance- size trees and four non-ordinance-size trees, and the construction of eight single-family detached residences on a 0.443- gross-acre site located on the n ortheast side of Elm Street, approximately 105 feet northwesterly of McKendrie 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, 202 3, gave all persons full opportunity to be heard and to present evidence and testimony respecting, and made a recommendation to the NVF:DHZ:JMD
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City Council based on the evidence and testimony; and
WHEREAS, this City Council conducted a duly noticed hearing on said concurrent applications, gave all persons full opportunit y 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 plan for the subject property entitled, “Planned Development Permit, Proposed 8 S.F.R., 972 Elm Street, San Jose CA 95126, PD20-010” dated May 17, 2023; said plan is on file in the Department of Planning, Building and Code Enforcement and is incorporated by reference; and
WHEREAS, this City Council has heard and considered the testimony presented to it at the public hearing, and has further considered written materials submitted on behalf of the project applicant, City staff, and other interested parties;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCI L OF THE CITY OF SAN JOSÉ THAT:
The foregoing recitals are hereby incorporated by reference as if fully set forth herein, and after considering evidence presented at the public hearing the City Council finds that the following are the relevant facts and findings regarding this 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. There are eleven trees on site.
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 Planned Development Permit to allow the demolition of the existing 1,900- square-foot single-family house, the removal of NVF:DHZ:JMD
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seven ordinance-size trees and four non-ordinance-size trees, and the construction of eight single- family detached residences on the subject 0.443- gross-acre site . The project would provide 20 parking spaces including two covered garage spaces for each unit and four surface parking spaces for guests. Vehicular access to the project site would be provided from Elm Street via a new driveway located at the south corner of the project site.
In conjunction with the Planned Development Permit, the project also includes a Planned Development Rezoning, File No. PDC20-017, and a Vesting Tentative Map, File No. PT20-031. The Planned Development Rezoning is to rezone the site from the A(PD) Planned Development Zoning District to a MUN(PD) Planned Development Zoning District, and the Vesting Tentative Map is to subdivide the subject site to nine lots including eight single-family residential lots and one common lot.
3. Envision San José 2040 General Plan Consistency . The subject site has an Envision San Jose 2040 General Plan designation of Mixed Use Neighborhood. 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 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.
The project is also consistent with the following key General Plan 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.
Analysis: The project includes eight small -lot three- story single -family detached residences and would provide a transition between traditional single-family homes and apartments as discussed above. Implementing this residential development would NVF:DHZ:JMD
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require specific development standards deviating from the conventional R-1-8 Single- family Residence District development regulations including reduced lot area and width, zero/reduced s etbacks, and a greater number of stories. As described previously, the Planned Development Rezoning results in a transitional development form between the single-family homes to the south and the higher density multifamily development to the north, and therefore better conforms to the General Plan goals and policies than the conventional zoning districts.
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:
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 Minimum 25 feet and 25 feet and 22 feet at the NVF:DHZ:JMD
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setbacks (Side,
southeastern property line)
minimum 20 feet at the
east end
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.
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:
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.
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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. San José Design Guidelines Consistency. The project was submitted in 2020 before the Citywide Design Standards and Guidelines were adopted in 2021. Hence the project was analyzed for consistency with applicable Residential Design Guidelines (adopted in 1999). Per the State Law, only objective standards can be applied to housing development projects. The Residential Design Guidelines do not contain objective standards.
While subjective design standards cannot be applied to housing development projects, staff notes that the project has been designed to meet the subjective criteria of the design guidelines, in that the design is compatible with the surrounding buildings. As discussed previously, the project provides a transition between single- family homes and apartment buildings. Although the proposed buildings have three stories, the height does not exceed 35 feet. In addition, the two buildings along Elm Street include stepbacks on the 3
rd floor so that the buildings appear more compatible with the surrounding one to two-story buildings. The main entrances of these two single-family homes along Elm Street are prominent and face the street. The entire development has a consistent architectural style while having slight color variations. The building design also incorporates special treatment to the blank walls that are sitting on the proposed property lines to provide visual interest. The project also includes a landscape buffer along the southern property line abutting existing single- family houses.
6. 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.
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Item No.: 10.2(d)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
7. California Environmental Quality Act . An Initial Study (IS)/Mitigated Negative Declaration (MND) was prepared by the Director of the City of San José’s Department of Planning, Building and Code Enforcement for the subject Planned 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 during 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 IS/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 environmental 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
8. Planned Development Permit Findings . Pursuant to San José Municipal Code Section 20.100.940, the City Council may issue a planned development permit only if all of the following findings are made. Staff recommends the Planning Commission recommend to the City Council that the findings be made as follows:
a. The planned development permit, as issued, is consistent with and furthers the policies of the general plan; and
Analysis: As analyzed above, the single -family residential project with eight homes is consistent with the Mixed Use Neighborhood land use designation per the General Plan, including relevant goals and policies. b. The planned development permit, as issued, conforms in all respects to the planned development zoning of the property; and
Analysis: As analyzed above, the project is consistent with the proposed MUN(PD) Planned Development Zoning District Development Standards. The project is consistent with the parking, lot size, setback, and height, and private open space requirements of the Planned Development Standards and the NVF:DHZ:JMD
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General Development Plan.
c. The planned development permit, as approved, is consistent with applicable city council policies, or counterbalancing considerations justify the inconsistency; and Analysis: As discussed above, the project is subject to and conforms to the Public Outreach Policy for Pending Land Use and Development Proposals. d. The interrelationship between the orientation, location, mass and scale of building volumes, and elevations of proposed buildings, structures a nd other uses on-site are appropriate, compatible and aesthetically harmonious; and Analysis: The project would include eight three- story single -family detached homes with consistent architectural styles. All buildings include hipped shingle roofs, metal gutters, stucco walls, wood trims, and wrought iron railings while incorporating some color variations. The elevations of these buildings are compatible and aesthetically harmonious with the consistent design treatment. 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 California Environmental Quality Act (CEQA), will not have an unacceptable negative affect on adjacent property or properties.
Analysis: The project incorporates standard mitigation measures and Best Management Practices (BMPs) to address air quality and noise due to construction, as well as stormwater runoff, drainage and erosion control measures. The project will be required to adhere to all applicable standard environmental permit conditions and mitigation measures related to reducing temporary and operational sources of noise and vibration, dust, and erosion. Residential buildings are not a source of significant odor and would not impact adjacent properties. The project will be required to comply with all City permits and policies related to operational erosion and storm water runoff. For these reasons the project would not have an unacceptable negative impact on adjacent properties.
9. Evaluation Criteria for Demolition. Chapter 20.80.460 of the San José Municipal Code establishes evaluation criteria for issuance of a permit to allow for demolition.
These criteria are made for the Project based on the above- stated findings related to General Plan, Zoning and CEQA conformance and for the reasons stated below, and subject to the conditions set forth in this Permit.
a. The failure to approve the permit would result in the creation or continued existence of a nuisance, blight or dangerous condition;
b. The failure to approve the permit would jeopardize public health, safety or welfare; c. The approval of the permit should facilitate a project which is compatible with the surrounding neighborhood;
d. The approval of the permit should maintain the supply of existing housing stock in the City of San Jose;
e. Both inventoried and non- inventoried buildings, sites and districts of historical significance should be preserved to the maximum extent feasible; f. Rehabilitation or reuse of the existing building would not be feasible; and NVF:DHZ:JMD
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g. The demolition, removal or relocation of the building without an approved replacement building should not have an adverse impact on the surrounding neighborhood.
Analysis: The existing on- site structure is over 45 years old and the h istorical evaluation conducted by Archaeological Resource Management dated February 12, 2021, concluded that the structure on site would not qualify for listing in any of the historic resource inventories, and the site and its features and the im mediate surroundings would not meet the definition of “historical resources” under CEQA.
The demolition of the existing single- family residence on-site would facilitate the construction of eight single- family residences providing a transition between the conventional single-family detached homes and the apartment buildings. Re-use or rehabilitation of the buildings would not be practical given the small size of the building, and the project would reduce one residential unit from the existing housing stock, but in turn will add eight units to the housing stocks, providing a net increase of seven residential units.
10. Tree Removal Findings. Chapter 13.32 of the San José Municipal Code establishes at least one of the following required findings must be made for issuance of a Live Tree Removal Permit for ordinance-size trees. Findings are made for the project based on the findings related to General Plan, Zoning Ordinance and CEQA conformance and for the reasons stated below, and subject to the conditions set forth in the resolution. a. That the location of the tree with respect to a proposed improvement unreasonably restricts the economic development of the parcel in question
Analysis: As discussed above, seven ordinance- size trees and four non- ordinance- size trees will be removed to accommodate the project. These trees are dispersed throughout the interior of the site. The project requires comprehensive re- grading of the site and a compact form of development across the entire property to achieve the density and urban form allowed by the General Plan. Retaining the existing trees would result in a less efficient site layout, preventing the allowed residential form and density. The trees will be required to be replaced at the City-required ratio below.
Tree Replacement Ratios
Circumference of
Tree to be
Removed
Type of Tree to be Removed Minimum Size of
Each
Replacement Tree
Native Non-
Native
Orchar
d
38 inches or more 5:1 4:1 3:1 15-gallon
19 up to 38 inches 3:1 2:1 none 15-gallon
Less than 19
inches 1:1 1:1 none 15-gallon
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Tree Replacement Ratios
Circumference of
Tree to be
Removed
Type of Tree to be Removed Minimum Size of
Each
Replacement Tree
Native Non-
Native
Orchar
d
x:x = tree replacement to tree loss ratio
Note: Trees greater than or equal to 38-inch circumference 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 tree = two 15-gallon trees
The 11 trees include one ordinance-size native tree (Tree #9), six ordinance-size non- native trees (Trees #2,3,5,6,8,11), and four non- native trees (Trees #1,4,7,10) with sizes ranging from 19 to 38 inches in circumference. The removal of these 11 trees will require 37 15-gallon (1 x 5 + 6 X 4 + 4 x 2) replacement trees. See the tree removal list below:
Tree
#
Common
Name
Circumference
(inch)
Ordinance-size
tree?
# of Required 15-
Gallon
Replacement Tree
1 Holly Tree 18.8 No 2
2 Almond Tree 119.4 Yes 4
3 Grapefruit 47.1 Yes 4
4 Orange 18.8 No 2
5 Pomegranate 113.1 Yes 4
6 Willow Species 56.5 Yes 4
7 Loquat Tree 22 No 2
8 Olive 94.2 Yes 4
9 California Bay
Laurel (Native
Tree)
119.4 Yes 5
10 Plum 37.7 No 2
11 Orange 31.4 No 2
One 24-inch-box tree can be replaced in lieu of two 15- gallon trees. The project would include 10 24- inch-box trees (three Smoke Tree, two Japanese Maple, three Crape NVF:DHZ:JMD
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Murtle, and two Ornamental Pear) on site, which equals to 20 15- gallon trees. The applicant will pay the in-lieu fees for 17 off-site replacement trees (17 x $775). Condition #10 is included to ensure the fees to be paid prior to the issuance of a Building Permit.
The City will use the off-site tree replacement fees to plant trees at alternative sites.
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 subjec t 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 San José Municipal Code Section 20.100.290(B), should Permittee fail to file a timely and valid appeal of this Permit within the applicable appeal period, such inaction by the Permittee shall be deemed to be constitute all of the following on behalf of the Permittee:
a. Acceptance of the Permit by the Permittee; and
b. Agreement by the Permittee to be bound by, to comply with, and to do all things required of or by the Permittee pursuant to all of the terms, provisions, and conditions of this permit or other approval and the provisions of Title 20 applicable to such Permit.
2. Permit Expiration. This Planned Development 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, Building and Code Enforcement 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 t o fully comply with all of said conditions. No change in the character of occupancy or change to a different group of occupancies as described in the Building Code shall be made without first obtaining a Certificate of Occupancy from the Building Official , as required under San José NVF:DHZ:JMD
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Municipal Code Section 24.02.610, and any such change in occupancy must comply with all other applicable local and state laws.
4. Sewage Treatment Demand. Pursuant to Chapter 15.12 of Title 15 of the San José Municipal Code, acc eptance 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 S an José - Santa Clara Regional Wastewater Facility to treat such sewage adequately and within the discharge standards imposed on the City by the State of California Regional Water Quality Control Board for the San Francisco Bay Region; (2) substantive conditions designed to decrease sanitary sewage associated with any land use approval may be imposed by the approval authority; (3) issuance of a Building Permit to implement this Permit may be suspended, conditioned or denied where the City Manager makes a determination that such action is necessary to remain within the aggregate operational capacity of the sanitary sewer system available to the City of San José or to meet the discharge standards of the sanitary sewer system imposed on the City by the State of California Regional Water Quality Control Board for the San Francisco Bay Region.
5. Driveway and Fence Location . The record of this permit application indicates that there is an unresolved dispute between the Permittee and adjacent owners of 984 Elm Street about the fence location and egress access and litigation has commenced between the permittee and adjacent owners. Prior to the issuance of the grading permit or building permit for the project site, whichever is earlier, the Permittee shall provide the City with reliable evidence of Permittee’s unencumbered clear title to the project site by obtaining any combination of the following:
a. An order from a court of competent jurisdiction quieting title in favor of the Permittee over the claims of all others to an interest in the project site; b. A settlement agreement among the Permittee and all others claiming an interest in the project site which establishes and quiets title to the project site in favor of the Permittee; or
c. Quitclaim deeds from all persons and entities claiming an interest in the project site conveying each of their interests in the project site to the Permittee and the recordation of all such quitclaim deeds with the County Recorder’s office; or
d. An order from a court of competent jurisdiction expunging any lis pendens asserted against the project site.
No grading or building permit shall be approved absent reliable proof of compliance with subsections a, b, c , or d above quieting title to the project site in favor of the Permittee.
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6. Planned Development District Effectuated. This Planned Development Permit effectuates the Planned Development Zoning as reflected in the Permit’s Approved Plan Set and the corresponding legal description.
7. Conformance to Plans. The development of the site and all associated development and improvements shall conform to the approved Planned Development Permit plans entitled, “Planned Development Permit, Proposed 8 S.F.R., 972 Elm Street, San Jose, CA 95126, PD20-010” dated May 17, 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 plans” or the “Approved Plan Set.”
8. Demolition Permit. A demolition permit may be issued for the existing single-family house on site only upon the submittal of a complete Public Works Grading Permit application or the submittal of a complete Building Permit application for new construction.
9. Timing of Tree 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.
10. Tree Removal Replacement. Total 37 replacement trees (15-gallon) are required for the removal of 11 trees. Ten 24- inch-box trees replacement trees will be planted per the approved plans. One 24-inch box tree is equal to two 15-gallon trees. Prior to the issuance of a Building Permit, tree replacement in- lieu payment per Municipal Code Section 13.32 shall be collected for 17 trees. The fee shall be calculated at the time of the appropriate permit issuance according to the current adopted fee schedule.
These funds will be used by the Department of Transportation for tree planting and maintenance of planted trees for approximately three years.
11. Compliance with Local, State, and Federal Laws. The subject use shall be conducted in full compliance with all local, state, and federal laws.
12. 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.
13. Outdoor Lighting. Prior to the issuance of the Building Permit, a Permit Adjustment to the satisfaction of the Planning Director is required for any proposed outdoor lighting.
14. No Extended Construction Hours. This Permit does not allow any construction NVF:DHZ:JMD
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activity on a site located within 500 feet of a residential unit before 7:00 a.m. or after 7:00 p.m., Monday through Friday, or at any time on weekends.
15. Construction Disturbance Coordinator. Rules and regulation 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.
16. Colors and Materials. All building colors and materials are to be those specified on the Approved Plan Set. Changes in building colors and materials shall require a Permit Adjustment.
17. 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.
18. Utilities. All new on -site tele phone, electrical, and other service facilities shall be placed underground.
19. Street Number Visibility. Street numbers of the buildings shall be easily visible from the street at all times, day and night.
20. Green Building Requirements. This development is subject to the City’s Green Building Ordinance for Private Sector New Construction as set for in Municipal Code Section 17.84. Prior to the issuance of any shell permits, or complete building permits, for the construction of buildings approved through the scope of this Permit, the Permittee shall pay a Green Building Refundable Deposit. In order to receive a refund of the deposit, the project must achieve the minimum requirements as set forth in Municipal Code Section 17.84. The reques t 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.
21. 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 developments 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 NVF:DHZ:JMD
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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 a nd owner must execute and record an Affordable Housing Agreement with the City 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 additional 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 c omplied 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.
22. Homeowner’s Association. A Homeowner’s Association shall be established for maintenance of all common areas, including driveways/courtyards, landscaping and the community amenity area. A copy of the Development Permit, the accompanying Approved Plans, any approved Amendments or Adjustments to the Development Permit, and a complete set of approved building and all improvement plans shall be provided to the Homeowner’s Association by the Permittee no later than 30 days upon completion of each phase.
23. Stormwater Stenciling. All storm drain inlets and catch basins shall be stenciled with the “NO DUMPING - FLOWS TO BAY,” applied to the top and/or face of the curb next to the storm drain inlet. The development maintenance entity and/or property owner shall ensure that all storm drain inlet markings located on privately maintained streets within the property are present and maintained.
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24. Landscaping. Planting and irrigation are to be provided by the Permittee, as indicated, on the final Approved Plans.
25. 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, as applicable.
The design of the system shall be approved and stamped by a California Registered Landscape Architect.
26. 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 , as applicable
27. 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 or updated by the City.
28. Building Division Clearance for Issuing Permits. Prior to the issuance of any Building permit, the following requirements shall be met to the satisfaction of the Chief Building Official:
a. Construction Plans. This Permit file number, PD2 0-010 shall be printed on all construction plans submitted to the Building Division.
b. San José ’s Natural Gas Infrastructure Prohibition and Reach Code Ordinances.
The City’s Natural Gas Infrastructure Prohibition and Reach Code Ordinances apply to this project and all requirements shall be met. For more information, please visit www.sjenvironment.org/reachcode.
c. Americans with Disabilities Act. The permi ttee shall provide appropriate access as required by the Americans with Disabilities Act (ADA). d. Emergency Address Card. The project Permittee shall file an Emergency Address Card, Form 200-14, with the City of San José Police Department. e. Construction Plan Conformance. A project construction plan conformance review by the Planning Division is required. Planning Division review for project conformance will begin with the initial plan check submittal to the Building Division.
Prior to any Building Perm it issuance, Building Permit plans shall conform to the approved Planning development permits and applicable conditions. f. Project Addressing Plan. Prior to issuance of a ny 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 NVF:DHZ:JMD
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tentative map) and the type of addressing (i.e., individual street addresses as compared to unit number off of a primary street).
g. Other. Such other requirements as may be specified by the Chief Building Official.
29. Recycling. Scrap construction and demolition material shall be recycled. Integrated Waste Management staff at (408) 535-8550 can provide assistance on how to recycle construction and demolition debris from the project, including information on available haulers and processors.
30. Public Works Clearance for Building Permit(s) or Map Approval . Prior to the approval of the Tract Map by the Director of Public Works, or the issuance of Building permits, whichever occurs first, the permittee will be required to have satisf ied all of the following Public Works conditions. The permittee 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:
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: This project does not require a detailed CEQA Transportation Analysis nor a Local Transportation Analysis. The project is expected to result in less-than- significant transportation impacts and the projected traffic for the project was reviewed and found to be minimal.
c. Grading/Geology:
i. A grading permit is required prior to the issuance of a Public Works Clearance. The construction operation shall control the discharge of pollutants (sediments) to the storm drain system from the site. An erosion control plan may be required with the grading application. ii. All on -site storm drainage conveyance facilities and earth retaining structures 4 foot in height or greater (top of wall to bottom of footing) or is being surcharged (slope of 3:1 or greater abutting the wall ) shall be reviewed and approved under Public Works grading and drainage permit prior to the issuance of Public Works Clearance. The drainage plan should include all underground pipes, building drains, area drains and inlets. The project shall provide stor m 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. The Project site is within the State of California Seismic Hazard Zone. A geotechnical investigation report addressing the potential hazard of NVF:DHZ:JMD
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liquefaction must be submitted to, reviewed and approved by the City Geologist prior to issuance of a grading permit or Public Works Clearance.
The report should also include, but not limited to: foundation, earthwork, utility trenching, retaining and drainage recommendations. The investigation should be consistent with the guidelines published by the State of California (CGS Special Publication 117A) and the Southern California Earthquake Center (SCEC, 1999). A recommended depth of 50 feet should be explored and evaluated in the investigation.
d. Stormwater Runoff Pollution Control Measures: This project must comply with the City’s Post-Construction Urban Runoff Management Policy (Policy 6-29) which requires implementation of Best Management Practices (BMPs) which includes site design measures, source controls and numerically -sized Low Impact Development (LID) stormwater treatment measures to minimize stormwater pollutant discharges.
i. A design of the pervious pavement by a Licensed Geotechnical Engineer shall be submitted prior to the issuance of a Public Works Clearance. e. Stormwater Peak Flow Control Measure s: The project is located in a non- Hydromodification Management area and is not required to comply with the City's Post- Construction Hydromodification Management Policy (Council Policy 8-14). f. Flood Zone D: The project site is not within a designated Federal Emergency Management Agency (FEMA) 100- year floodplain. Flood Zone D is an unstudied area where flood hazards are undetermined, but flooding is possible. There are no City floodplain requirements for Zone D.
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. Parks: This residential project is subject to the payment of park fees in-lieu of land dedication under either the requirements of the City's Park Impact Ordinance (Chapter 14.25 of Title 14 of the San Jose Municipal Code) or the Parkland Dedication Ordinance (Chapter 19.38 of Title 19 of the San Jose Municipal Code). i. Street Improvements:
i. Remove and replace curb, gutter, and sidewalk along Elm Street project frontage with an approximately 16' wide ADA compliant detached sidewalk section. This includes a 0.5' curb, 8.5' park strip, and a 7-foot sidewalk section.
ii. Proposed driveway width to be 20' wide per City Standard Detail R-5. iii. Close unused driveway cut.
iv. Developer shall be responsible for adjusting existing utility boxes/vaults to grade, locating and protecting the existing communication conduits (fiber optic and copper) along the project frontage.
v. Repair, overlay, or reconstruction of asphalt pavement may be required.
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street improvement plans.
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: Existing Eelectroliers along the project frontage will be evaluated at the public improvement stage and any street lighting requirements will be included on the public improvement plans.
l. Street Trees: The locations of the street trees will be determined at the street improvement stage. Contact the City Arborist at (408) 794-1901 for the designated street tree. Install street trees within public right -of-way along entire project street frontage per City standards; refer to the current "Guidelines for Planning, Design, and Construction of City Streetscape Projects". Street trees shall be installed in the park strip. Obtain a DOT street tree planting permit for any proposed street tree plantings. Street trees shown on this permit are conceptual only. m. Private Streets:
i. Per Common Interest Development (CID) Ordinance, all common infrastructure improvements shall be designed and constructed in accordance with the current CID standards.
ii. 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.
31. Conformance to MMRP. 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.______.
32. 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 contr ol interior noise and achieve the interior noise standards.
33. 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 NVF:DHZ:JMD
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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.
ii.
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.
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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 Permittee would be require d 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
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 f ind(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 findings documenting any data recovery shall be submitted to Director of PBCE or the Director's designee and the City’s Historic Preservation Officer and the Northwest Information C enter (if applicable). Project personnel shall not collect or move any cultural 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 Permittee shall immediately notify the Director of Planning, Building, and Code Enforcement or the Director’s designee and the qualified archaeologist, who will the n 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 NVF:DHZ:JMD
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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.
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 shal l 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 o ther 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 NVF:DHZ:JMD
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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 an d recovery of fossil materials so that they can be housed in an appropriate museum or university collection and may also include preparation of a report for publication describing the finds. The project Permittee 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- 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 demolition 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 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.
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.
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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 em ployee 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.
34. 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. PDC2 0-017 passed for publication on ______,2023 (the “Zoning Ordinance”) and shall be no earlier than the effective date of said Rezoning Ordinance.
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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.
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.