TO: HONORABLE MAYOR FROM: Planning Commission
AND CITY COUNCIL
SUBJECT: SEE BELOW DATE: July 17, 2023
COUNCIL DISTRICT: 4
SUBJECT: FILE NOS. PDC22-009, PD22-028 & ER22-210. PLANNED
DEVELOPMENT REZONING FROM THE IP(PD) PLANNED
DEVELOPMENT ZONING DISTRICT TO THE IP(PD) PLANNED
DEVELOPMENT ZONING DISTRICT, AND 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 IMPROVEMENTS ON
AN APPROXIMATELY 10.90-GROSS-ACRE SITE LOCATED AT THE
SOUTHWEST CORNER OF WEST TRIMBLE ROAD AND ORCHARD
PARKWAY (350 WEST TRIMBLE ROAD)
RECOMMENDATION
The Planning Commission voted 8-0-2 (Garcia and Ornelas-Wise absent) to recommend that the City Council take the following action:
1. Adopt a resolution adopting the Initial Study/Mitigated Negative Declaration for the 350 West Trimble Road Project and the associated Mitigation Monitoring and Reporting Program, in accordance with the California Environmental Quality Act (CEQA); and
2. Approve an ordinance rezoning certain real property of approximately 10.90-gross-acres located at the southwest corner of West Trimble Road and Orchard Parkway (350 West Trimble Road) from the IP(PD) Planned Development Zoning District (File No. PDC17- 026) to the IP(PD) Planned Development Zoning District; and
3. Adopt a resolution 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 single- story manufacturing and assembly building and associated site modifications including surface parking, lighting, circulation, and landscaping improvements on an approximately
10.46-gross-acre site.
COUNCIL AGENDA: 08/08/23
FILE: 23-1002
ITEM: 10.1e
HONORABLE MAYOR AND CITY COUNCIL
July 17, 2023
Subject: File Nos. PDC22-009 & PD22-028
SUMMARY AND OUTCOME
If the City Council approves the actions listed above as recommended by the Planning Commission, the applicant would be able to remove 57 trees (43 ordinance-size and 14 non- ordinance-size) and construct an approximately 208,000-square-foot single-story manufacturing 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).
BACKGROUND
On June 14, 2023, the Planning Commission held a Public Hearing to consider the CEQA determination, Rezoning, and Planned Development Permit. The project remained on the consent calendar portion of the hearing agenda as there was no public discussion requested by staff, the Commissioners, or members of the public. Commissioner Casey made a motion to approve the recommendation. Commissioner Lardinois seconded the motion. The motion passed with an 8-0- 2 vote (Garcia and Ornelas-Wise absent). The Planning Commission recommended that the City Council adopt the Initial Study/Mitigated Negative Declaration for the 350 West Trimble Road Project and the associated Mitigation Monitoring and Reporting Plan (MMRP), in accordance with CEQA, and approve the Planned Development Rezoning and Planned Development Permit.
ANALYSIS
Analyses of the proposed CEQA determination, Planned Development Rezoning, and Planned Development Permit, including conformance with the Envision San José 2040 General Plan, San José Municipal Code, North San José Urban Design Guidelines, Citywide Design Standards and Guidelines, and City Council Policies are contained in the attached staff report.
The recommendation in this memorandum aligns with one or more Climate Smart San José energy, water, or mobility goals. The project would increase the density of an existing industrial site by increasing the amount of manufacturing and office space and therefore increasing the number of jobs per acre.
EVALUATION AND FOLLOW-UP
The City Council is the final decision-making body for this project. Following a decision by the City Council, no additional evaluation would be conducted. The City Council has the option to approve, deny, or defer the project to a later City Council meeting. If denied, the project as described above would not be able to proceed. If approved, the subject site would be rezoned to the IP(PD) Planned Development Zoning District to facilitate the construction of the project. The Planned Development Rezoning would become effective 30 days after a second reading of the
HONORABLE MAYOR AND CITY COUNCIL
July 17, 2023
Subject: File Nos. PDC22-009 & PD22-028
Rezoning at a subsequent City Council meeting. The date that the Rezoning becomes effective is the date that the associated Planned Development Permit Resolution also becomes effective.
COORDINATION
The preparation of this memorandum has been coordinated with the City Attorney’s Office.
PUBLIC OUTREACH
This memorandum will be posted on the City’s Council Agenda website for the August 8, 2023 City Council meeting.
Additionally, 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. Five members of the public attended the meeting. Two members commented at the meeting, expressing their desire for union labor to be utilized during the project’s construction. 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 the City’s website.
Staff has been available to respond to questions from the public.
COMMISSION RECOMMENDATION AND INPUT
As discussed in the Background section above, the Planning Commission approved the recommendation (8-0-2, Garcia and Ornelas-Wise absent) as a consent calendar item at its June 14, 2023 hearing, with no project discussion by staff, the Commission, or members of the public.
CEQA
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
HONORABLE MAYOR AND CITY COUNCIL
July 17, 2023
Subject: File Nos. PDC22-009 & PD22-028
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 made it available to all commenters, and posted it on the project’s page on the City’s Environmental Review Documents website. The comments received on the IS/MND did not raise any new issues about the project’s environmental impacts or 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 revisions do not constitute a “substantial revision” pursuant to 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 the 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 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
PUBLIC SUBSIDY REPORTING
This item does not include a public subsidy as defined in section 53083 or 53083.1 of the California Government Code or the City’s Open Government Resolution.
/s/
CHRISTOPHER BURTON,
Secretary Planning Commission
For questions, please contact Deputy Director for Planning, Robert Manford, at (408) 535-7900.
Attachment: Planning Commission Staff Report
PLANNING COMMISSION AGENDA: 06-14-23
ITEM: 4.d.
TO: PLANNING COMMISSION FROM: Christopher Burton
SUBJECT: File Nos. PDC22-009, PD22-028, &
ER22-210
DATE: June 14, 2023
____________
Type of Permit Planned Development Rezoning (File No. PDC22-009) and Planned Development Permit (File No. PD22-028)
Proposed Land Use Light manufacturing and assembly
New Residential Units N/A
New Industrial Square Footage Approximately 208,000 square feet Additional Policy Review Items None
Demolition N/A
Tree Removals 57 trees (43 ordinance-size and 14 non-ordinance-size) with 128 replacement trees
Project Planner Cameron Gee
CEQA Clearance 350 West Trimble Road Project Initial Study/Mitigated Negative Declaration
CEQA Planner Maira Blanco
COUNCIL DISTRICT: 4
RECOMMENDATION
Staff recommends that the Planning Commission recommend that the City Council take all of the following actions:
1. Adopt a Resolution adopting the Initial Study/Mitigated Negative Declaration for the 350 West Trimble Road Project and the associated Mitigation Monitoring and Reporting Plan, in accordance with the California Environmental Quality Act (CEQA); and
2. Approve an Ordinance rezoning an approximately 10.90-gross-acre site from the IP(PD) Planned Development Zoning District (File No. PDC17-026) to the IP(PD) Planned Development Zoning District; and
3. Adopt a Resolution 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 single-story manufacturing and assembly building and associated site modifications including surface parking, lighting, circulation, and landscaping improvements on an approximately 10.46-gross-acre site.
Attachment: Planning Commission Staff Report
File Nos. PDC22-009, PD22-028 & ER22-210
PROPERTY INFORMATION
Location Southwest corner of West Trimble Road and Orchard Parkway (350 West Trimble Road)
Assessor Parcel No. (APN) 101-02-018
Existing General Plan Industrial Park
Growth Area North San José Employment Area
Existing Zoning IP(PD) Planned Development (File No. PDC17-026) Proposed Zoning IP(PD) Planned Development
Historic Resource No
Annexation Date February 1, 1971 (Orchard No. 46)
Council District 4
Acreage 10.90 gross acres
Proposed Density N/A
PROJECT SETTING AND BACKGROUND
As shown on the attached Aerial Map (Exhibit A), the project site is located at the southwest corner of West Trimble Road and Orchard Parkway (350 West Trimble Road, APN 101-02-018). The subject parcel is approximately 36.68-gross-acres and is currently split-zoned into the Combined Industrial/Commercial Zoning District and the IP(PD) Planned Development Zoning District (File No. PDC17-026). The project would rezone an approximately 10.90-gross-acre portion currently zoned IP(PD) Planned Development to a new IP(PD) Planned Development Zoning District. Approximately 10.46-gross-acres of the area to be rezoned would be developed.
The current IP(PD) Planned Development Zoning District (File No. PDC17-026) was approved on February 13, 2018 and allowed for up to 100,000 square feet of commercial uses and a hotel with up to 250 rooms.
In order to implement the commercial and hotel uses, PDC17-026’s General Development Plan was approved to allow uses identified for the CN Commercial Neighborhood Zoning District. A subsequent Planned Development Permit (File No. PD19-017) to develop the commercial and hotel uses was approved on March 4, 2020, effectuating PDC17-026. The commercial and hotel uses have not been constructed.
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.
SURROUNDING USES
General Plan Zoning District Existing Use
North Industrial Park &
Transit Employment Center IP Industrial Park Office, Research and Development
South Industrial Park CIC Combined
Industrial/Commercial
Manufacturing and
Assembly
East Transit Employment Center IP Industrial Park Office, Research and Development
West Industrial Park IP Industrial Park Office, Research and Development
File Nos. PDC22-009, PD22-028 & ER22-210
On May 4, 2022, the owner and applicant, Anthony Calderone of LBA Realty, submitted the following applications to be reviewed concurrently:
• Planned Development Rezoning to rezone an approximately 10.90-gross-acre site from the IP(PD) Planned Development Zoning District (File No. PDC17-026) to the IP(PD) Planned Development Zoning District, incorporating allowed uses of the IP Industrial Park Zoning District. • 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.
PROJECT DESCRIPTION
As shown on the attached Site Plan (Exhibit B), 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, and 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, 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 on either side of the building’s loading area. Emergency generators are not included in this Planned Development Permit and any future emergency generator installation would be addressed in subsequent permits as conditioned.
ANALYSIS
The proposed Planned Development Rezoning and Planned Development Permit are analyzed with respect to conformance with:
File Nos. PDC22-009, PD22-028 & ER22-210
1. Envision San José 2040 General Plan
2. San José Municipal Code
3. North San José Urban Design Guidelines
4. Citywide Design Standards and Guidelines
5. Permit Findings
6. California Environmental Quality Act (CEQA)
Envision San José 2040 General Plan Land Use Conformance General Plan Land Use Designation
As shown on the attached General Plan Land Use Designation Map (Exhibit C), the project site has an Envision San José 2040 General Plan Land Use/ Transportation Diagram designation of Industrial Park.
Density: FAR Up to 10.0 (2 to 15 stories)
The Industrial Park 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 “Light Industrial” category is that, through the Zoning Ordinance, performance and design standards are more stringently applied to Industrial Park uses.
Analysis: A light manufacturing and assembly use is consistent with the site’s land use 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.
General Plan Conformance
The proposed Planned Development Zoning of IP(PD) and the associated Planned Development Permit are consistent with the following Envision San José 2040 General Plan policies:
1. 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 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 site’s allowed uses were limited to those identified for the CN Commercial Neighborhood 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.
File Nos. PDC22-009, PD22-028 & ER22-210
2. Land Use and Employment Policy IE-1.5: Promote the intensification of employment activities on sites in close proximity to transit facilities and other existing infrastructure, in particular within the Downtown, North San José, the Berryessa International Business Park and Edenvale.
3. 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.
4. 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.
San José Municipal Code Conformance
General Development Plan
If the proposed rezoning (Exhibit D) to the IP(PD) Planned Development Zoning District per File No. PDC22- 009 is approved by the City Council, the newly created IP(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, in alignment with the Industrial Park General Plan land use designation. The project would be subject to the applicable Development Standards (Exhibit J) that would be approved upon adoption of the rezoning ordinance. 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. See the attached Exhibit J for the full proposed Development Standards.
Development Standard Required (PDC22-009) 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
File Nos. PDC22-009, PD22-028 & ER22-210
As shown on the Planned Development Permit plan set (Exhibit I), the project conforms with all required height and setback standards pursuant to the General Development Plan of the proposed 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%
*Section 20.90.050(D): “’Floor area’ shall mean eighty-five percent of the ‘total gross floor area’ of the building”
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 parking standards of the old parking ordinance in the rezoning’s General Development 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 shared parking arrangements are allowed between the project’s IP(PD) Planned 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 (Exhibit L) 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.
File Nos. PDC22-009, PD22-028 & ER22-210
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 locations at utility pads on either side of the building’s loading area. It is understood 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 emergency generator is not expected to exceed the City’s threshold of 55 decibels at 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 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.
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 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 File Nos. PDC22-009, PD22-028 & ER22-210
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.
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 help break up the massing at the building’s corner entrances. • 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.
o 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.
File Nos. PDC22-009, PD22-028 & ER22-210
Citywide Design Standards 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 the building’s corners.
These entrances are accessibly from both the adjacent 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: The site’s trash enclosure is located adjacent to the loading areas 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-facing façade. There are no blank walls more than 30 feet in length along West Trimble Road.
Permit Findings
In order for this application to be approved, the City Council must be able to make all required findings for a Planned Development Permit, Parking Reduction, and Tree Removal Permit.
File Nos. PDC22-009, PD22-028 & ER22-210
Planned Development Permit Findings
To make the Planned Development Permit findings pursuant to San José Municipal Code Section
20.100.940, and recommend approval to the City Council, the Planning Commission must determine that:
1. 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 Industrial Park Zoning District, further aligning the site’s zoning district with its land use designation. The manufacturing and assembly building would be located on vacant land, intensifying the site and generating jobs and revenue for the City.
2. 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.
3. The Planned Development Permit, as approved, is consistent with applicable City Council Policies, or counterbalancing considerations justify the inconsistency; and 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, expressing their desire for union labor to be utilized during the project’s construction. Staff responded that labor would be determined following the project’s entitlement. 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.
4. 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 File Nos. PDC22-009, PD22-028 & ER22-210
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.
5. The environmental impacts of the project, including, but not limited to noise, vibration, dust, drainage, erosion, storm water runoff, and odor which, even if insignificant for purposes of the California Environmental Quality Act (CEQA), will not have an unacceptable negative effect on adjacent property or properties.
Analysis: 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 (MMRP) prepared for the project in association with the 350 West Trimble Road Project Initial Study/Mitigated Negative Declaration. Additional information on the Initial Study/Mitigated Negative Declaration is provided below.
Parking Reduction Findings
To make the findings for a Reduction in the Required Off-Street Parking Spaces pursuant to San José Municipal Code Section 20.90.220, and recommend approval to the City Council, the Planning Commission must determine that:
1. 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 area development policy in the City’s General Plan or the use is listed in Section 20.90.220(G); and
2. The structure or use provides bicycle parking spaces in conformance with the requirements of Table 20-
90. 3. For any reduction in the required off-street parking spaces that is more than twenty percent, the project shall be required to implement a Transportation Demand Management (TDM) program that contains but is not limited to one of the following measures:
a. Develop a transit use incentive program for employees, such as on -site distribution of passes or subsidized transit passes for local transit system (partici pation in the regionwide Clipper Card or VTA SmartPass system will satisfy this requirement) ; or b. Implement telecommuting and flexible work schedules; or c. Implement public information elements such as designation of an on-site TDM manager and education of employees regarding alternative transportation options.
File Nos. PDC22-009, PD22-028 & ER22-210
4. 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 (Exhibit L) 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 of the TDM Plan is included as a condition of approval in the Planned Development Permit Resolution (Exhibit F).
Tree Removal Permit Findings
In order to make the Tree Removal findings pursuant to Section 13.32.100 of the San José Municipal Code and recommend approval to the City Council, Planning Commission must determine that:
1. That the condition of the tree with respect to disease, danger of falling, proximity to an existing or proposed structure, and/or interference with utility services, is such that preservation of the public health or safety requires its removal.
2. That the location of the tree with respect to a proposed improvement unreasonably restricts the economic development of the parcel in question; or
Analysis: 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.
File Nos. PDC22-009, PD22-028 & ER22-210
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
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 made it available to all commenters and posted it on the project’s page in the City’s Environmental Review Documents website. The comments received on the IS/MND did not raise any new issues about the project’s environmental impacts or 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 revisions do not constitute a “substantial revision” pursuant to 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 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.
PUBLIC OUTREACH
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. Five members of the public attended the meeting. Two members commented at the meeting, expressing their desire for union labor to be utilized during the project’s construction. Staff responded that labor would be determined following the project’s entitlement. 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 the City’s website. Staff has also been available to respond to questions from the public.
File Nos. PDC22-009, PD22-028 & ER22-210
Project Manager: Cameron Gee
Approved by: /s/ Robert Manford, Deputy Director for Christopher Burton, Planning Director
ATTACHMENTS:
Exhibit A: Aerial Map
Exhibit B: Site Plan
Exhibit C: General Plan Land Use Map
Exhibit D: Proposed Zoning Map
Exhibit E: Draft PDC22-009 Planned Development Zoning Ordinance Exhibit F: Draft PD22-028 Planned Development Permit Resolution Exhibit G: Draft ER22-210 CEQA Resolution
Exhibit H: Planned Development Zoning Plan Set
Exhibit I: Planned Development Permit Plan Set
Exhibit J: PDC22-009 Draft Development Standards
Owner/ Applicant:
Anthony Calderone
Vice President, Construction and Engineering
LBA Realty
3347 Michelson Drive, Suite 200
Irvine, CA 92612
File Nos. PDC22-009, PD22-028 & ER22-210
Exhibit A: Aerial Map
File Nos. PDC22-009, PD22-028 & ER22-210
Exhibit B: Site Plan
File Nos. PDC22-009, PD22-028 & ER22-210
Exhibit C: General Plan Land Use Map
File Nos. PDC22-009, PD22-028 & ER22-210
Exhibit D: Proposed Zoning Map
PDC22-009, PD22-028 & ER22-210
Links to Attachments E - J
Click on the title to view document
Exhibit E: Draft PDC22-009 Planned Development Zoning Ordinance Exhibit F: Draft PD22-028 Planned Development Permit Resolution Exhibit G: Draft ER22-210 CEQA Resolution
Exhibit H: Planned Development Zoning Plan Set
Exhibit I: Planned Development Permit Plan Set
Exhibit J: PDC22-009 Draft Development Standards