(b) Resolution — San Jose City Council, October 22, 2024

NVF:DHZ:DJF
9/10/2024

1 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

RESOLUTION NO.____

A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN

JOSE APPROVING, SUBJECT TO CONDITIONS, A

CONDITIONAL USE PERMIT TO ALLOW THE

DEMOLITION OF THREE SINGLE -STORY BUILDINGS

WITHIN AN EXISTING SHOPPING CENTER TOTALING
188,265 SQUARE FEET AND THE REMOVAL OF 115
TREES (73 ORDINANCE -SIZE, 42 NON -ORDINANCE-
SIZE, 198 REPLACEMENT TREES) FOR THE
CONSTRUCTION OF AN APPROXIMATELY 165,148 -

SQUARE FOOT COMMERC IAL RETAIL BUILDING, OFF -
SALE ALCOHOL (TYPE 21 ABC LICENSE) WITH A

DETERMINATION OF PUBLIC CONVENIENCE OR

NECESSITY, AND EXTENDED CONSTRUCTION HOURS
ON SATURDAYS FROM 7:00 AM TO 7:00 PM WITH UP TO
FIVE 24 -HOUR CONCRETE POURS ON AN
APPROXIMATELY 19.80-GROSS-ACRE SITE, LOCATED

ON THE NORTHEAST CORNER OF PROSPECT ROAD
AND LAWRENCE EXPRESSWAY (5287 PROSPECT
ROAD) (APNS: 381-36-014, 021, 023, 028, & 029)

FILE NO. CP21-022

WHEREAS, pursuant to the provisions of Chapter 20.100 of Title 20 of the San José Municipal Code, on November 17, 2021, an application (File No. CP21-021) was filed by the applicant Mike Okuma, on behalf of property owner DS Westgate West LP, with the City of San José for a Conditional Use Permit to allow the demolition of three single-story buildings within an existing shopping center total approximately 188,265 square feet and the removal of 115 trees (73 ordinance -size, 42 non-ordinance-size, 198 replacement) for the construction of an approximately 165,148 -square foot commercial retail building (Costco) including a tire center, rooftop parking, off-sale alcohol (Type 21 ABC License) and a Determination of Public Convenience or Necessity , and extended construction hours (Saturday s 7:00 am to 7:00 pm) with up to five 24 -hour concrete pours on an approximately 19.80 -gross acre site , on that certain real property situated in the CG Commercial General Zoning District and located at the northeast corner of Prospect Road and Lawrence Expressway (5287 Prospect Road, APNs 381-36-014, 021, 023, 028 NVF:DHZ:DJF
9/10/2024

2 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
and 029, San José, which real property is sometimes referred to herein as the “subject property”); and

WHEREAS, the subject property is all that real property more particularly described in Exhibit "A," entitled “Legal Description,” which is attached hereto and made a part hereof by this reference as if fully set forth herein; and

WHEREAS, pursuant to and in accordance with Chapter 20.100 of Title 20 of the San José Municipal Code, the Planning Commission conducted a Public Hearing on said application on September 25, 2024, notice of which was duly given; and

WHEREAS, at said hearing, the Planning Commission gave all persons full opportunity to be heard and to present evidence and testimony respecting said matter; and

WHEREAS, at said hearing, the Planning Commission made a recommendation to the City Council respecting said matter based on the evidence and testimony; and

WHEREAS, pursuant to and in accordance with Chapter 20.100 of Title 20 of the San José Municipal Code, this City Council conducted a hearing on said application, notice of which was duly given; and

WHEREAS, at said hearing this City Council gave all persons full opportunity to be heard and to present evidence and testimony respecting said matter; and

WHEREAS, at said hearing this City Council received and considered the reports and recommendation of the City’s Planning Commission and the City’s Director of Planning, Building and Code Enforcement; and

NVF:DHZ:DJF
9/10/2024

3 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

WHEREAS, at said hearing, this City Council received in evidence a plan for the subject property entitled, “San Jose, CA Westgate West Costco ” dated August 15, 2024, said plan is on file in the Department of Planning, Building and Code Enforcement and is available for inspection by anyone interested herein, and said plan is incorporated herein by this reference, the same as if it were fully set forth herein; and

WHEREAS, said public hearing before the City Council was conducted in all respects as required by the San José Municipal Code and the rules of this City Council; and

WHEREAS, this City Council has heard and considered the testimony presented to it at the public hearing, and has further considered written materials submitted on behalf of the project applicant, City staff, and other interested parties;

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE THAT:

After considering evidence presented at the public hearing, the City Council finds that the following are the relevant facts and findings regarding this proposed project:

1. Site Description and Surrounding Uses.

The project site is located within the existing 19.80-acre Westgate West Shopping Center, which is currently developed with nine commercial retail buildings, surface parking, and associated landscaping. Existing uses on site include general retail and restaurant uses. Vehicular access to the site is currently prov ided via seven driveways, one from Lawrence Expressway, three driveways from Prospect Road, two driveways from Graves Avenue, and two driveways from Saratoga Avenue internally accessed through the adjacent West Valley Shopping Center to the east. The site is surrounded by single -family residential uses across Graves Avenue to the north, a commercial shopping center and medical offices to the east, commercial retail across Prospect Road to the south, Prospect High School across the Prospect Road/Lawrence Expressway intersection to the southwest, and multifamily residential uses across Lawrence Expressway to the west.

2. Project Description.

The Project consists of the partial redevelopment of the existing Westgate West Shopping Center. The Project includes the demolition of three single -story buildings in the north and central portion of the shopping center totaling 188,265 square feet NVF:DHZ:DJF
9/10/2024

4 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
and the removal of 115 trees for the construction of a new approximately 165,148 - square foot single-story, 40-foot-high, Costco Wholesale.

The Costco would operate Monday through Friday from 9:00 AM to 8:30 PM, and on weekends from 9:00 AM to 7:00 PM. The store is expected to employ approximately 250 to 300 employees. Services include tire sales and installation at the west side of the building, a pharmacy, optical exams and optical sales, hearing aid testing and sales, food service preparation and sales, meat preparation and sales, bakery and sales of baked goods, alcohol sales (Type 21 ABC License for off-sale of a full range of alcoholic beverages), and propane and refueling sales. Temporary outdoor sales may occur within the surface parking area for seasonal sales such as C hristmas Trees. Promotional vehicles may also be displayed occasionally, although no vehicle sales would occur on site.

Vehicular access to the site w ill be provided from one driveway along Lawrence Expressway, three driveways along Prospect Road, two dr iveways along Saratoga Avenue internally accessed through the adjacent West Valley Shopping Center, and one driveway along Graves Avenue. An existing driveway along the cul-de-sac at the western end of Graves Avenue would be closed. Pedestrian access to the site would be provided along Lawrence Expressway, Prospect Road, Graves Avenue, and from Saratoga Avenue via internal walkways through the adjacent West Valley Shopping Center.

Vehicular parking is provided in the form of both surface parking and rooftop parking.

Surface parking is provided in the existing shopping center as well as in a newly constructed surface parking area to the west of the new building. Rooftop parking is provided on top of the new building, with an access ramp provided at the south ern end of the building. A total of 1,312 vehicle parking spaces are provided. Four delivery truck loading stalls are provided at the southeast corner of the building for trucks to access the shipping and receiving area of the building. Additional loading spaces for small trucks and vans are provided in surface parking spaces to the east of the receiving area.

The Project includes the partial reconfiguration of the existing surface parking area within the shopping center to accommodate an extension of the main access driveway from Prospect Road. The driveway would extend from Prospect Road to the rooftop parking access ramp on the south side of the newly constructed building. Additional site improvements include associated repaving, restriping, landscaping , and a new six-foot-high wall at the north side of the shopping center along Graves Avenue.

Loading and delivery operations will occur at the southeast corner of the building, facing away from residential uses to the north. The store is anticipated to re ceive an average of 10 truck deliveries per weekday, with trucks ranging in size from 26 feet NVF:DHZ:DJF
9/10/2024

5 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
for single -axle trailer s to 70 feet for double -axle trailers. Receiving times for truck deliveries range from 2:00 AM to 1:00 PM, with most trucks completing their deliveries before store opening. Costco trucks will be restricted from using Graves Avenue, and will instead utilize existing access via Saratoga Avenue, Lawrence Expressway, and Prospect Road. The tire center, located on the west side of the building an d oriented towards the new surface parking lot, is expected to receive shipments of tires one to two times per week in single or double -trailer trucks up to 70 feet in length. Typical delivery time for tires is 6:00 AM.

Construction is expected to occur over approximately 21 months in one comprehensive phase. The Permittee has requested extended construction hours on Saturday (7:00 am to 7:00 pm). The Permittee has also requested up to five 24 -hour periods of construction for concrete pours.

The Project proposes the off -sale of alcoholic beverages in conjunction with a California Department of Alcoholic Beverage Control (ABC) Type 21 License. Costco would sell a full range of alcoholic beverages including beer, wine, and liquor. All alcohol would be packaged and sold for consumption off the premises. The proposed alcohol sales area is approximately 5,764 square feet, or 4% of the total floor area .

Pursuant to Section 20.40.100 of the Zoning Code, the Project requires the issuance of a Conditional Use Permit to allow off -sale alcohol, in addition to the issuance of a Site Development Permit for the construction of the retail building and associated site improvements.

As described in the Permit Findings section below, not all of the findings can be made for Off-Sale Alcohol pursuant to Section 20.80.900 of the Zoning Code. The subject site is located within 1,000 feet of five other off-sale alcohol establishments, within 500 feet of a school (Prospect High School) and park (Saratoga Creek Dog Park) , and within 150 feet of a residential prope rty. As indicated in the San José Police Department Memorandum dated January 19, 2022, the proposed use is located in an area that is unduly concentrated with off -sale alcohol establishments but is not in an area of high crime. The number of ABC authorized licenses within Census Tract 5062.02 is three, while the number of existing licenses is seven. One license (Smart and Final) is no longer active and would be replaced by the new Costco. Therefore, in addition to the issuance of a Conditional Use Permit fo r off-sale alcohol, the Project also requires the issuance of a Determination of Public Convenience or Necessity. some of the findings cannot be made for the issuance of a Determination of Public Convenience or Necessity pursuant to Chapter 6.84 of the Municipal Code, the City Council must make a determination that the use will provide a sign ificant and overriding public benefit.

3. General Plan Conformance.

The subject site is designated Neighborhood/Community Commercial. This designation supports a broad range of commercial activity, including commercial uses that serve the NVF:DHZ:DJF
9/10/2024

6 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
communities in neighboring areas, such as neighborhood serving retail and services and commercial/professional office development. Neighborhood/Communi ty Commercial uses typically have a strong connection to and provide services and amenities for the nearby community and should be designed to promote that connection with an appropriate urban form that supports walking, transit use and public interaction.

General office uses, hospitals and private community gathering facilities are also allowed in this designation.

Analysis: The Project consists of the partial redevelopment of the existing commercial Westgate West shopping center to allow the construction of an approximately 165,148- square foot Costco. The subject site would continue to operate as a commercial shopping center. The Costco would provide an additional commercial retail option within a major commercial retail area of West San José. Furthermore, the new Costco would reduce the need for existing Costo shoppers living in the area to travel to other Costco stores further away. The store would provide a variety of retail services including groceries, household goods, a pharmacy, optical exams and optical sales, hearing aid testing and sales, and tire sales and installation. The store is expected to employ approximately 250 to 300 employees. The maximum allowed Floor Area Ratio ( “FAR”) for a project with a Neig hborhood/Community Commercial land use designation is 3.5.

With the demolition of the three existing buildings and the construction of the new building, the combined Project area has a FAR of approximately 0.26, in conformance with this requirement.

The Project is consistent with the following General Plan Goals and Policies:

1. Major Strategy #8 – Fiscally Strong City: Establish a land use planning framework that promotes the right fiscal balance of revenue and costs to allow the City to deliver high-quality municipal services, consistent with community expectations.

It is critical that San José makes wise fiscal policy decisions in order to provide high quality services accessible to all community members, to continue to create economic development, and to thrive as a community. San José will maintain a Fiscally Strong City, by providing adequate land for uses that generate revenue for the C ity and by focusing new growth in developed areas where existing infrastructure (e.g., sewers, water lines, and transportation facilities), and City facilities and services (e.g., libraries, parks and public safety) are already available, resulting in maximum efficiency. The fiscal impact of potential land use and policy options will be given serious consideration and priority in the land use entitlement process. Goals, policies, and implementation actions throughout the General Plan address this important concept. The General Plan incorporates policies from the City’s Employment Lands Preservation Framework and several critical implementation policies to address the fiscal impacts of future land use decisions.

NVF:DHZ:DJF
9/10/2024

7 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

The Envision San José 2040 General Plan promo tes a fiscally strong City, providing high quality municipal services and acting as an advocate for regional policies that promote the strengths of our diverse and successful population. The Plan incorporates policies that promote the City’s fiscal health and which:
• Establish standards for the delivery of high-quality municipal services. • Carefully manage existing fiscal resources.
• Encourage the cultivation of increased resources.
• Focus new growth so as to minimize its fiscal impacts.

2. Business Growth and Ret ention Policy IE-2.6: Promote retail development to the maximum extent feasible, consistent with other General Plan goals and policies, in order to generate City revenue, create jobs, improve customer convenience, and enhance neighborhood livability.

3. Cultivate Fiscal Resources Policy FS -2.1: Focus on economic development to sustain the fiscal health of our City, promoting land use development as a tool to support job growth, revenue generation, attractive place -making and the delivery of high quality government services to the community.

4. Promote Fiscally Beneficial Land Use Policy FS -4.1: Preserve and enhance employment land acreage and building floor area capacity for various employment activities because they provide revenue, near -term jobs, contribute to our City’s long-term achievement of economic development and job growth goals, and provide opportunities for the development of retail to serve individual neighborhoods, larger community areas, and the Bay Area.

5. Promote Fiscally Beneficial Land Use Policy FS-4.4: Identify, designate and maintain an adequate number of suitable sites for a full range of commercial opportunities, including large -scale commercial centers and neighborhood shopping opportunities, to serve the resident and visitor consumer population fully and to increase sales tax revenue in San José.

Analysis for #1 -5: The Project would provide an additional retail option within an area of the City primarily developed with other commercial retail establishment s.

The Project includes the partial redevelopment of an existing aging commercial shopping center, which would fiscally strengthen the City by generating tax revenue and local jobs, and by improving the City’s ability to provide vital services to residents.

6. Growth Area Land Use Policy LU -2.2: Include within the Envision General Plan Land Use/Transportation Diagram significant job and housing growth capacity within the following identified Growth Area:

NVF:DHZ:DJF
9/10/2024

8 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
a. Urban Villages: Commercial Corridors and Centers - While Commercial Corridor and Center Urban Villages are less directly connected to transit, they contain large parcels which may have greater potential for redevelopment and are generally located in areas with a high degree of accessibility which is advantageous for intensified commercial development. Providing residential growth capacity in the Commercial Urban Villages is a potential catalyst for spurring the redevelopment and enhancement of existing commercial uses while also transforming them into Urban Village type environments. At the same time, their typically more suburban settings may create some challenge to such revitalization. The Commercial Urban Villages, with closer proximity to other Growth Areas and transit (e.g., North Bascom Avenue between West San Carlos and Southwest Expressway) or in proximity to established, more intense uses (e.g., De Anza Blvd.), may have greater near -term potential for transformation into Urban Village settings. A modest and balanced amount of new housing and job growth capacity is planned for the Commercial Urban Villages in order to support their intensification as both employment and housing centers, while also recognizing that transit -oriented sites should be given the greatest priority for locating new growth.

7. Implementation Policy IP-5.1: Prepare a comprehensive Urban Village Plan prior to the issuance of entitlements for residential development within any of the Urban Village areas identified on the Land Use / T ransportation Diagram. Commercial projects, including those with ancillary residential uses, and “Signature Projects”, as defined in Policy IP-5.10, may proceed in advance of the preparation of a Village Plan.

8. Urban Village Design Policy CD -7.1: Support i ntensive development and uses within Urban Villages, while ensuring an appropriate interface with lower -intensity development in surrounding areas and the protection of appropriate historic resources.

9. Urban Village Design Policy CD -7.3: Review development proposed within an Urban Village Area prior to approval of an Urban Village Plan for consistency with General Plan design policies and any other applicable design policies pertaining to the proposed use. Following adoption of an Urban Village Plan, review new development for consistency with design goals, policies, standards, and guidelines included within the Urban Village Plan.

Analysis for #6-9: The subject site is located within the Paseo de Saratoga Urban Village, which does not have an approved Urban Village Plan. The Paseo de Saratoga Urban Village is identified as a Commercial Corridor and Center Urban Village. Therefore, commercial projects such as new retail buildings and uses are allowed to proceed in advance of the preparation and approval of an Urban Village NVF:DHZ:DJF
9/10/2024

9 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Plan. As there is no approved Urban Village Plan for the subject site, the project was reviewed for conformance with other applicable General Plan goals and policies, the Zoning Code, and applicable requirements of the Citywide Design Standards. The proposed single -story commercial retail building would intensify commercial development within the Urban Village area while maintaining appropriate heights and setbacks in comparison to the surrounding low -rise residential and commercial uses.

10. Commercial Lands Land Use Policy LU -4.2: In order to attract shoppers from throughout the region, encourage distinctive regional-serving commercial uses on sites near the City’s borders. Give preference to locations having good access to freeways and major arterials or near multimodal transit stations.

11. Commercial Lands Land Use Policy LU -4.3: Concentrate new commercial development in identified growth areas and other sites designated for commercial uses on the Land Use/Transportation Diagram. Allow new and expa nsion of existing commercial development within established neighborhoods when such development is appropriately located and designed and is primarily neighborhood serving.

12. Neighborhood Serving Commercial Land Use Policy LU -5.1: In order to create complete communities, promote new commercial uses and revitalize existing commercial areas in locations that provide safe and convenient multi-modal access to a full range of goods and services.

13. Neighborhood Serving Commercial Land Use Policy LU -5.3: Encourage new and intensification of existing commercial development, including stand-alone, vertical mixed-use, or integrated horizontal mixed -use projects, consistent with the Land Use / Transportation Diagram.

14. Neighborhood Serving Commercial Land Use Policy LU -5.6: Encourage and facilitate the upgrading, beautifying, and revitalization of existing strip commercial areas and shopping centers. Minimize the visual impact of large parking lots by locating them away from public streets.

Analysis for #10-14: The Project includes the partial redevelopment of an existing aging commercial shopping center. The Costco would replace multiple vacant and underutilized retail buildings with a new commercial retail use. In addition to constructing a new retail building, the Project includes site upgrades to enhance and beautify the shopping center, including realignment of the primary driveways, relocation and repaving of parking areas, new site landscaping, updated stormwater control, and new lighting. The shopping center i ncludes existing vehicular and pedestrian access points from each of the three streets serving the site. Additional access is provided with cross-access easements with the adjacent NVF:DHZ:DJF
9/10/2024

10 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

West Valley Shopping Center, which also provides access to and from Saratog a Avenue.

15. Vibrant Neighborhoods Policy VN -1.7: Use new development within neighborhoods to enhance the public realm, provide for direct and convenient pedestrian access, and visually connect to the surrounding neighborhood. As opportunities arise, improve existing development to meet these objectives as well.

16. Vibrant Neighborhoods Policy VN -1.8: Include site planning, landscaping and architectural design features within all new retail development, including both small-format and large -format retail uses, t o promote expanded pedestrian and bicycle activity on site and greater connectivity for pedestrians and bicyclists between adjacent uses.

17. Neighborhood Serving Commercial Land Use Policy LU -5.5: Encourage pedestrian and vehicular connections between adjacen t commercial properties with reciprocal -access easements to encourage safe, convenient, and direct pedestrian access and “one -stop” shopping. Encourage and facilitate shared parking arrangements through parking easements and cross -access between commercial properties to minimize parking areas and curb-cuts.

18. Vibrant Neighborhoods Policy VN-1.9: Cluster parking, make use of shared parking facilities, and minimize the visual impact of surface parking lots to the degree possible to promote pedestrian and bicycl e activity and to improve the City’s aesthetic environment.

19. Community Design Policy CD-1.17: Minimize the footprint and visibility of parking areas. Where parking areas are necessary, provide aesthetically pleasing and visually interesting parking garages with clearly identified pedestrian entrances and walkways. Encourage designs that encapsulate parking facilities behind active building space or screen parked vehicles from view from the public realm. Ensure that garage lighting does not impact adjacent us es, and to the extent feasible, avoid impacts of headlights on adjacent land uses.

20. Community Design Policy CD -1.18: Encourage the placement of loading docks and other utility uses within parking structures or at other locations that minimize their visibility and reduce their potential to detract from pedestrian activity.

21. Community Design Policy CD -3.9: Minimize driveway entrances to enhance pedestrian safety and decrease the area of paved surfaces. Encourage shared vehicular access points that serve multipl e uses and/or parcels, including shared access for commercial and residential uses. Avoid driveways that break up continuous commercial building frontages. Position vehicular access to minimize negative impacts to aesthetics and to pedestrian and bicycle safety.

NVF:DHZ:DJF
9/10/2024

11 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

22. Transportation Policy TR -6.1: Minimize potential conflicts between trucks and pedestrian, bicycle, transit, and vehicle access and circulation on streets with truck travel.

Analysis for #1 5-22: The Project includes both the reconfiguration of existing surface parking a nd the construction of new structured parking . Both the reconfigured surface parking areas and the new structured parking would optimize space and reduce the visibility of parking from the sur rounding area. The building includes a parapet and screenwall to screen all rooftop parking from adjacent uses.

The newly reconfigured surface parking area west of the Costco building would be visually screened from view with a six-foot-high masonry wall and newly installed landscaping. Existing street trees along Graves Avenue would remain and would further screen the surface parking area. One existing driveway at the westernmost edge of the site, along Graves Avenue, would be closed. The shopping center would continue to utilize a shared parking arrangement, with parking open to all patrons of existing and future tenants within the Westgate West Shopping Center.

The Costco use encourages “one -stop” shopping by providing a wide variety of items including groceries, household goods, a pharmacy, eyecare, alcohol, and tire sales within a larger shopping center. Loading docks for the existing buildings in the shopping center are located at the rear of the buildings, nearest the residential uses across Graves Avenue to the north. The newly constructed Costco would reorient the loading docks to be at the southeastern corner of the building, facing south, approximately 260 feet from the nearest residence. As conditioned in this Conditional Use Permit Res olution, the Permittee is required to construct public improvements including a new bike and pedestrian pathway along Lawrence Expressway, new bulb-outs and a crosswalk at the intersection of Graves Avenue and Fields Drive, street improvements and signal m odifications along the Lawrence Expressway Project entrance, and closure of the existing driveway at the Graves Avenue cul -de-sac. Additionally, this Conditional Use Permit Resolution includes a condition that prohibits Costco trucks from utilizing Graves Avenue for loading and requires that Costco educate all vendors to utilize the other access points in the shopping center for loading and delivery operations.

23. Land Use Policy LU-5.10: In the review of new locations for the off-sale of alcohol, give preference to establishments that offer a full range of food choices including fresh fruit, vegetables, and meat.

Analysis for #2 3: Costco’s use includes the sale of packaged alcohol for off -site consumption (“off-sale alcohol”). Costco is an international chain of retail stores that offers a complete shopping experience including a full range of groceries, produce, meat, household products, a s well as alcohol. Alcohol sales would be incidental to the larger retail/grocery store use. As conditioned in the Conditional Use Permit, the alcohol sales area is limited to no more than five percent of the sales floor area.

NVF:DHZ:DJF
9/10/2024

12 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

4. Zoning Ordinance Compliance.

Land Use
The subject site is located within the CG Commercial General Zoning District.

Pursuant to Section 20.120.100 of the Zoning Code, t he CG Zoning District is a conforming Zoning District to the Neighborhood/Community Commercial General Plan land use designation. T he CG Zoning District is intended to serve the needs of the general population. This district allows for a full range of retail and commercial uses with a local or regional market. Development is expected to be auto mobile- accommodating and includes larger commercial centers as well as regional malls.

Pursuant to Section 20.40.100, Table 20-90 of the Zoning Code, retail sales of goods and merchandise is a permitted use in the CG Zoning District. Therefore, the construction of the new retail building requires the issuance of a Site Development Permit pursuant to Section 20.100.610 of the Zoning Code.

Additionally, the Project includes the sale of alcohol for consumption off the premises (off-sale alcohol) in conjunction with a valid Type 21 License, which would be issued by the California Department of Alcoholic Beverage Control (ABC). Therefore, pursuant to Section 20.40.100 , Table 20 -90 of the Zoning Code, the Project also requires the issuance of a Conditional Use Permit for off-sale alcohol. This resolution includes findings for both the issuance of a Site Development Permit and Conditional Use Permit.

Setbacks and Height
The table below highlights the Project conformance with applicable Development Standards of the CG Commercial General Zoning District pursuant to Section

20.40.200, Table 20-100 of the Zoning Code.

Development
Standard
Required Proposed

Minimum Lot Area
(square feet or
acreage)
1 acre (none if lot is located
within a shopping center with
shared access and shared
parking among the lots)

19.80 acres
Front Setback

15 feet minimum 48 feet, 8 inches
Side, Interior
Setback None

79 feet, 7 inches
Side, Corner
Setback 12.5 feet minimum

396 feet
NVF:DHZ:DJF
9/10/2024

13 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Rear, Interior
setback None

21 feet, 11 inches

Maximum Height

120 feet (SJMC Chapter 20.85)
40 feet (top of
screenwall), 45 feet
(top of escalator
awning)
As shown above, the Project conforms with all required height and setback standards pursuant to the CG Commercial General Zoning District.

Parking
Use: Neighborhood
Shopping Center
(Minimum 100,00 sf)

Floor
Area

Ratio

Minimum
Required

Provided
Vehicle Parking
(Shopping Center)
194,142
sf
1 per 225 square
feet of floor area

863 spaces
1,312
spaces
Bicycle Parking
(Costco)

140,375
sf
1 per 3,000
square feet of
floor area

47 spaces

48 spaces
Loading (Costco) 1 per 10,000
square feet of
floor area plus 1
per each tw enty
thousand square
feet of additional
floor area

8 spaces

8 spaces
The project application was submitted on November 17, 2021, prior to the adoption of the current vehicle parking requirements which became effective on April 10, 2023.

Therefore, the Project is required to provide parking in accordance with Chapter 20.90 of the Zoning Code as listed above. The Project is required to provide 8 63 vehicle parking spaces for the entire shopping center site. The Project provides 1,312 vehicle parking spaces in excess of the minimum requirement. The Project is required to provide 47 bicycle parking spaces. A total of 48 bicycle parking spaces are pr ovided, in excess of the minimum requirement. The Project is required to provide eight loading spaces (size 10 -foot-wide by 30 -foot-long by 15 -foot-high). A total of eight loading spaces are provided in conformance with this requirement.

Noise
NVF:DHZ:DJF
9/10/2024

14 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Pursuant to Section 20.40.600 of the Zoning Code, the maximum noise level at the property line for a commercial use adjacent to a property zoned or used for residential purposes is 55 decibels. The maximum noise level for a commercial use adjacent to a property used or zoned for commercial or other non -residential purposes is 60 decibels. A Noise Report was prepared by Kimley -Horn and Associates, Inc., dated June 2023. Noise measurements were taken at multiple sites surrounding the proposed use, including the single -family residences across Graves Avenue to the north, the medical office building and townhouses to the east, the existing retail uses to the south and southeast, and Prospect High School to the west. The noise study evaluated the potential noise impacts of the proposed operations on the surrounding area, including mechanical equipment, loading activities, parking activity, landscaping maintenance, tire center operations, and trash/recycling pick -ups. The noise study found that the combined on-site noise levels would range from 33.8 to 54 decibels at the nearest residential use and would reach a maximum of 58.8 decibels at the nearest commercial use. Therefore, the Project would not exceed the maximum noise levels for a commercial use adjacent to any other residential or commercial use. The project is required to adhere to the associated Mitigation Monitoring and Reporting Program, which includes mitigation measures to reduce construction-related noise The project is required to prepare and implement a Construction Noise Logistics Plan which includes, but is not limited to, the prohibition of pile driving, prohibition of unnecessary idling of engines, utilization of quiet air compressors, ensuring all fixed and mobile equipment is equipped with properly operating mufflers, and neighborhood notification prior to commencement of co nstruction activity. This Conditional Use Permit also includes a condition for the appointment of a Construction Disturbance Coordinator to address any construction-related complaints.

Request For Extended Construction Hours
Pursuant to Section 20.100.450 of the Zoning Code, construction hours are limited to 7:00 AM to 7:00 PM Monday through Friday for Projects within 500 feet of residential uses, unless otherwise permitted with the issuance of a Development Permit. This Conditional Use Permit authorizes extended Saturday construction hours from 7:00 AM to 7:00 PM and up to five 24 -hour concrete pours. Based on the applicant’s estimation of construction time, if the project were limited to weekday construction only, the overall construction timeline would increase by approximately 18 weeks or 4 ½ months. With extended construction hours, construction is expected to take approximately 21 months. The Westgate West Costco Warehouse Project Environmental Impact Report included analysis of the extended construction hours. It was determined that even with the extended hours, the Project would not have any significant impacts with the implementation of the associated Mitigation Monitoring and Reporting Program ( “MMRP”). This Conditional Use Permit includes Standard Environmental Permit Conditions to reduce or eliminate any demolition and construction-related impacts on surrounding properties including conditions related to air quality, hazards and hazardous materials, hydrology and water quality, and noise. No significant and unavoidable impacts will result from the implementation of NVF:DHZ:DJF
9/10/2024

15 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
the Project with the inclusion of the associated MMRP. Additionally, as a condition of this permit, the Permittee shall provide written notices to all property owners and tenants a minimum of 15 days prior to commencement of the 24-hour concrete pours.

The notification radius shall be 500 feet from the subject site. Finally, the Permittee is required to appoint a Construction Disturbance Coordinator to address any construction-related complaints.

5. Citywide Design Standards and Guidelines Consistency The Project is consistent with following provisions of the Citywide Design Standards and Guidelines:

Section 2.2.1 – Pedestrian and Bicycle Access Location
• Standard 5 - Place the primary building entrance such that it can be accessed from a street, public open space, semi-private open space, or POPOS.

Analysis: The proposed building is located at the rear of the existing shopping center. The primary building entrance is accessible to pedestrians from dedicated walkways along Lawrence Expressway and Graves Avenue. Pedestrians may also access the site through internal walkways from both Prospect Road and the adjacent West Valley Shopping Center to the east.

Section 2.2.3 – Services and Utilities Access and Location • Standard 2 – Provide a covered area for solid waste collection when it is located outside the building envelope.
• Standard 4 – Provide access for utilities and waste collection from secondary streets, alleys, or private streets.
• Standard 5 – Place service yards, utilities, and their access a t least 50 feet away from residential uses.
• Guideline 6 - Provide a minimum 22’ -wide alley, driveway, or private street for waste collection vehicle access to servicing locations. Allocate the room required for waste collection vehicles to access the soli d waste servicing locations and collect waste.

Analysis: Utility rooms, loading areas, and trash and recycle operations are provided interior to the building at the northeast and southeast corners of the building respectively. The mechanical, fire, and electrical rooms are located interior to the building at the northeast corner. Trash compactors are provided outside the building footprint but are loaded from the interior of the building. All plastic and cardboard bailing is c onducted indoors in designated areas. A minimum 40 -foot- wide drive aisle is provided for trash truck pickup operations. The loading dock area is oriented towards the south and is approximately 192 feet away from the NVF:DHZ:DJF
9/10/2024

16 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
northern property line, and approximatel y 261 feet from the nearest residential property to the north. The trash area is located approximately 178 feet from the nearest residential property line to the north.

Section 2.3.5 – Bicycle Parking Placement
• Standard 1 – Located at least 40 percent of the required bicycle parking on the ground floor with direct physical access to an elevator or building exit. • Standard 2 – Place bicycle parking so that bicyclists do not have to cross vehicular parking or drive aisles to enter the building.
• Standard 4 – When located outside the building, connect bicycle parking to the pedestrian network by providing a minimum five -foot-wide pathway or walkway between them.

Analysis: A total of 28 (58%) of the bicycle parking is provided at the front entrance.

Bicycle parking is placed so that pedestrians and bicyclists have direct access to either the sidewalk along Graves Avenue or a five-foot-wide path that leads to the pedestrian and bicycle pathway/trail along the eastern side of Lawrence Expressway.

Section 2.3.6 – Vehicular Parking Placement and Surface Parking Design • Standard 1 - For medium and large sites, place the first parking stall at least 30 feet away from the driveway when accessing a parking lot from a primary street to allow cars to stack on site rather than in the street.
• Standard 2 - Place the first parking stall at least 20 feet away from the driveway when accessing a parking lot from a secondary street, alley, or private street. • Standard 3 - Screen at least 75 percent of surface parking from primary streets, secondary streets, public open spaces, and adjacent sites with Mixed -Use and Residential General Plan land use designations using landscaping or three -foot- tall architectural elements that (at least one of the following):
o Utilize the same materials, colors, and lighting fixtures as the site or building façades on the property for at least 75 percent of the area. o Are covered with landscaping or public art for at least 75 percent of the total length along public open spaces, primary streets, and secondary streets. • Standard 4 - Provide a five-foot-wide pedestrian walkway, at minimum, to connect buildings and parking or other walkways for at least every 200 feet.

Analysis: There are no parking stalls within 30 feet of any of the driveway entrances along Lawrence Expressway or Prospect Road (both primary streets). The newly configured central drive aisles are designed to funnel vehicles deeper into the site from either street before they turn into the parking areas. The nearest parking NVF:DHZ:DJF
9/10/2024

17 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
space is approximately 47 feet from the back of walk along Graves Avenue, a secondary street. The surface parking area, added at the northwest corner of the site is screened for the entirety of the frontage along both Graves Avenue and Lawrence Expressway. A six -foot-high screen wall is provided along Graves Avenue. The existing mature trees along Graves Avenue would also remain. New trees would also be planted along the edges of the parking areas along Graves Avenue and Lawrence Expressway . Minimum five -foot-wide walkways are provided throughout the newly reconfigured parking areas to allow for safe pedestrian and ADA access to the building.

Section 2.3.7 – Site Lighting
• Standard 1 – Orient all site lighting directly downwards to prevent light pollution and excess glare in the public realm.
• Standard 6 - All site lighting fixtures must be fully shielded (full cut -off) to prevent light from aiming skyward and light spillage and glare that can be seen from above. • Standard 7 – Keep the maximum color temperature for outdoor lighting below 2700 Kelvin, except for outdoor decorative lighting from November 15 to January 15. • Standard 8 – When adjacent to a residential development, lighting fi xtures for commercial, industrial, or quasi-public developments must be less than 40-feet tall, irrespective of the distance from the common property line.

Analysis: As shown on the Project lighting plan, all proposed lighting fixtures are downward facing and fully shielded. In the surface parking area, the pole mounted lighting nearest the residences across Graves Avenue is a maximum of eight feet high. The tallest pole mounted lighting in the surface parking area would not exceed 25 feet above grade. The wall mounted lighting on the north side of the building, nearest the residences across Graves, would not exceed 20 feet high.

The rooftop parking is approximately 30 -feet above grade, with no pole mounted rooftop lighting exceeding 40 feet. As conditioned in this Conditional Use Permit, the color temperature for all outdoor lighting shall not exceed 2700 Kelvin.

Section 2.3.8 – Landscaping and Stormwater Management
• Standard 1 – Select trees which at maturity create a tree canopy cover that shades a minim um of 50 percent of each on -site surface parking area, common open space at the ground floor, and Privately -owned (and maintained) Public Open Space.
• Standard 5 – Provide the following minimum distances from the center of trees to the edges of buildings f or all trees to reach maturity and to prevent unnecessary tree removal.

NVF:DHZ:DJF
9/10/2024

18 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
• Standard 6 – Provide a maximum distance of 20 feet on center for small trees, 25 feet for medium trees, and 35 feet for large trees, or 75 percent of the mature canopy size distance fo r each tree type measured from the center. Locate new street trees and new on -site trees in relation to existing street trees and on -site trees to be retained to meet these maximum spacing dimensions. • Standard 7 – Provide minimum vertical clearance for tree canopies at maturity as follows:

o 14 feet in and around service and loading areas and driveways, o 12 feet for parking lots, and
o Eight feet for tree canopies immediately adjacent to sidewalks and patios. • Standard 8 - Utilize at least 50 percent of the total landscaped area on a development site for LID site design measures, source controls, and green stormwater infrastructure, including but not limited to bioretention, rain gardens, LID planters, and permeable pavers.

Analysis: As shown on the Project landscape plan, approximately 51% of the newly configured parking area is shaded. All trees meet the minimum distance requirements from buildings and with minimum vertical clearances to ensure that the newly planted trees will not be unnecessarily removed in the future. The Project also complies with all spacing requirements for small, medium, and large trees. All landscaped area is designed as Low Impact Development (LID).

Section 3.1.2 – Form, Proportion, and Scale
• Standard 1 – Buildings at street intersections with traffic signals, terminus points, and open space must include at least two of the following architectural features for a minimum of 20 percent of each building frontage along the street:

o Articulated corner with vertical or horizontal projection o Taller massing or exaggerated roof elements.
o Building entrances with a minimum entrance of three feet.

Analysis: The proposed building is located at the northern (rear) portion of the shopping center, away from a signalized intersection. Nevertheless, the Project provides an exaggerated corner element with the building entrance highlighted through a tower element and an approximately 30-foot-deep recessed entrance.

Section 3.3.1 – Façade Design and Articulation
NVF:DHZ:DJF
9/10/2024

19 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
• Standard 1 - Articulate all building façades facing a street or public open space for at least 80 percent of each façade length. Articulate all other building façades for at least 60 percent of each façade length. Façade articulation can be achieved by providing material and plane changes or by providing a rhythmic pattern of bays, columns, balconies, and other architectural elements to break up the building mass.
• Guideline 2 - Design new buildings so that all sides of a building are coordinated and create a cohesive architectural idea.
• Guideline 3 - Incorporate special corner treatments, such as changes in façade treatments, material, or articulation, for buildings at street intersections or adjacent to public open spaces.
• Guideline 4 - Articulate building façades with material changes or art, such as murals, to create patterns of visual interest when a side of a building is built to property line and is visible from public realm.

Analysis: While the building does not have frontage on a primary street, all building façades are still fully articulated with changes in either color, material, wall plane, roof line, or a combination of these elements. The west façade includes two changes in wall plane, each approximately 30 feet deep. The west façade includes an approximately 60-foot-deep recess to break up the wall plane. The south façade is broken up with changes in color and material and two recesses that are approximately 27 and 120 feet deep, respectively. The rear, north façade includes changes in colors and materials with vertical metal panels of offsetting colors overlaid with tan split face CMU walls. Downward facing, cutoff, wall mounted light fixtures are provided approximately every 50 feet. Where recesses and changes in wall plane are provided, the building also incorporates changes in roof line with exaggerated corner elements to break up the building into smaller elements further.

Section 3.3.5 – Parking Garage Design
• Standard 5 – Design flare-out openings at garage entrances with a minimum width of 26 feet for two -way traffic and 20 feet for one -way traffic to provide line -of-site between vehicles and pedestrians.
• Guideline 2 – Conceal all ramped floors from the public realm and surrounding buildings.

Analysis: The parking garage entry/exit ramp is a minimum of 30 -feet wide. The ramp is located along the southside of the building and is concealed with medium bronze colored perforated metal. The same material is used to screen the escalator and elevator towers.

Section 3.3.7 – Materials and Colors
NVF:DHZ:DJF
9/10/2024

20 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
• Guideline 2 – Use durable high -quality materials, such as tile, wood, masonry, brick, stones, terracotta, or metal.
• Guideline 4 – Employ reflective materials sparingly to reduce glare. • Guideline 5 – Use bright accent colors minimally.

Analysis: The proposed building is single-story. Materials and colors include split- face cementitious masonry unit (CMU) wall, vertical ribbed metal pa nels, perforated metal screening for the parking ramp, escalator ramp, and elevator tower. The primary colors used are warm toned including tan, champagne, bronze, and sandstone. The only bright accent colors used are minor red accent line that are provide d along the south, west, and east elevations roughly bisecting the bottom and top halves of the building.

Section 4.1.3 – Mitigating Blank Walls
• 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. • Standard 3 - Do not create a blank wall longer than 25 feet in the 50 feet closest to a building corner fronting a secondary street, paseo, or alley. • Standard 5 - At the pedestrian level, use at least one of the following treatments mentioned for blank walls along property lines that are exposed to the public realm without another building located within 15 feet:
o Architectural treatments such as reveals, projections, setbacks, indentations, lighting, awnings, etc.

Analysis: Blank walls are mitigated with changes in color, material, wall plane, and with the provision of architectural lighting in order to break up each elevation of the building. The building includes multiple projections and recesses, as well as changes in height at the roof level in order to create smaller masses. Wall mounted lighting fixtures are provided roughly every 40-50 feet along all façades.

6. City Council Policy 6 -30: Public Outreach Policy for Pending Land Use Decisions.

Council Policy 6-30: Public Outreach Policy was implemented in order to inform the public of the project. On -site signs have been posted on the Project frontage since January 21, 2022. A formally noticed Joint EIR Scoping/Community Meeting was held on Janu ary 24, 2023 , via Zoom to introduce the Project to the community.

Approximately 196 members of the public attended the meeting. The Costco Westgate West webpage was created for the Project on the City’s Planning Division website to further inform the public of the development proposal, and to provide updates on the planning process . In addition to the formally noticed, city -sponsored community NVF:DHZ:DJF
9/10/2024

21 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
meeting, the Permittee and their representatives held approximately 27 outreach meetings with members of the public and stakeholder groups. In addition to the public comment received at the Community Meeting, and the 387 written comments received during period of the EIR circulation, staff received approximately 120 written public comments prior to this staff report being posted. Major concerns raised by members of the public included traffic congestion, truck traffic, cut-through traffic, lack of vehicle parking, potential negative impacts to existing businesses , pedestrian and bicyclist safety, alcohol sales, light pollution, noise, and air quality. 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. Addition ally, a notice of the public hearing was posted in a newspaper of record (San José Post Record) on September 12, 2024. The staff report and draft hearing documents were posted on the City’s website seven days prior to the Planning Commission hearing. Staff has also been available to respond to questions from the public.

7. Environmental Review.

The City of San José, as the lead agency for the Project, prepared a Draft Environmental Impact Report (Draft EIR) for the Westgate West Costco Project in compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines (California Code of Regulations §15000 et. seq.), and the regulations and policies of the City San José, California . The Notice of Preparation ( “NOP”) was circulated from January 12, 2022, to February 11, 2022. The Draft EIR was circulated for public review and comment from December 15, 2023, to February 20, 2024.

Summary of Environmental Impacts Reduced to Less than Significant with Mitigation The Draft EIR identified potential environmental impacts related to air quality during construction activities, nesting birds, hazards and hazardous materials from past uses on the site, and construction-related noise . With implementation of the mitigation measures specified in the Mitigation Monitoring and Reporting Program (“MMRP”) prepared for the Project, these impacts are reduced to less than significant levels.

The Draft EIR did not identify any Significant and Unavoidable Impacts.

Project Alternatives
The Draft EIR analyzed four Project alternatives: (1) No Project Alternative, (2) Alternative Placement On-Site Alternative, (3) Reduced Size Alternative, and (4) No Rooftop Parking Alternative. Alternatives that were considered but rejected include Alternative Site Alternative, Mi xed Use Alternative, and Subterranean Parking Alternative. The four alternatives were crafted based on their ability to reduce the impacts summarized above and to identify an environmentally superior proposal. The NVF:DHZ:DJF
9/10/2024

22 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
analysis of the four alternatives in the Draft EIR includes discussion of the potential impacts of alternative and site layouts for the purpose of decision-making.

Beyond the No Project Alternative, the Alternate Placement On-Site Alternative would be environmentally superior because it would reduce the noise and vibration impact for residences located to the east of the Project site. This alternative, however, would not fully realize the Project objectives and would result in similar impacts for the other resource areas to the proposed Project.

Summary of Comments Received
The City received 387 written comment letters during the public circulation period. Five public agencies commented, including the Santa Clara Valley Transportation Authority (“VTA”), the Santa Clara Valley Water District, the City of Saratoga, Caltrans, and the California Department of Toxic Substance Control. All remaining comments were submitted by other organizations, individuals, and businesses. Notable concerns that arose repeatedly in the 387 comment letters include:

• Site access and circulation through Graves Avenue;
• Safety of pedestrians and bicyclists;
• Traffic and parking;
• Perceived incompatibility with Urban Village goals;
• Alcohol sales;
• Air quality and hazardous materials concerns.

The City responded to all comments received on the Draft EIR and incorporated them into the First Amendment to the Draft EIR. None of the comments identified substantive inadequacies of the Draft EIR and no new mitigation measures are required. The City incorporated the comments and responses into the First Amendment to the Draft EIR. Text edits have been made in the Final EIR to reflect suggested edits and correct typos.

First Amendment and Final EIR
The First Amendment, taken together with the Draft EIR, and the MMRP constitutes the Final EIR. The Draft EIR and First Amendment to the Draft EIR (FEIR) are available for review on the Project page on the City’s Active EIR website . A copy of the signed MMRP is attached to the related CEQA resolution as Exhibit “A.” EIR Recirculation Unnecessary
The comments received do not identify substantive inadequacies in the Draft EIR or new previously unidentified significant impacts that requi re recirculation . The recirculation of an EIR is required when significant new information is added to the NVF:DHZ:DJF
9/10/2024

23 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

EIR after public notice is given of the availability of the Draft EIR for public review but before certification. “Information” can include changes in the Project or environmental setting as well as additional data or other information. New information added to a Draft EIR is not “significant” unless the Draft EIR is changed in a way that deprives the public of meaningful opportunity to comment on a s ubstantial adverse environmental effect of the Project or a feasible way to mitigate or avoid such an effect (CEQA Guidelines Section 15088.5).

In accordance with CEQA Guidelines Section 15088, the First Amendment to the Draft EIR for the Project includes written responses to all comments received during the public review period for the Draft EIR. As required by Section 15132 of the CEQA Guidelines, the responses in the First Amendment to the Draft EIR address significant environmental points and comments on the content and adequacy of the EIR. The responses and comments provide clarification and refinement of information presented in the Draft E IR and, in some cases, correct or update information in the Draft EIR. No significant new information has been added to the EIR since publication of the Draft EIR; therefore, the Draft EIR does not need to be recirculated.

Site Development Permit Findings: Section 20.100.630 of the San José Municipal Code specifies the required findings for the approval of a Site Development Permit. a. The Site Development Permit, as approved, is consistent with and will further the policies of the General Plan and applicable Specific Plans and area development policies; and

Analysis: The Project is consistent with the Neighborhood/Community Commercial General Plan land use designation. The Project consists of the partial redevelopment of the existing 19.8-acre Westgate West shopping center to allow the construction of an approximately 165,148 -square foot Costco building. The subject site would continue to operate as a commercial shopping center. The Costco would provide an additional commercial retail option within a major commercial retail area of West San José. The store would provide a variety of retail services including groceries, household goods, a pharmacy, optical exams and optical sales, hearing aid testing and sales, and tire sales and instal lation. The store is expected to employ approximately 250 to 300 employees. The maximum allowed FAR for a project with a Neighborhood/Community Commercial land use designation is 3.5. With the demolition of the three existing buildings and construction of the new building, the combined Project area has a FAR of approximately 0.26, in conformance with this requirement.

b. The Site Development Permit, as approved, conforms with the Zoning Code and all other provisions of the San José Municipal Code applicable to the project; and

Analysis: The Project is consistent with all applicable provisions of the CG Commercial General Zoning District, including lot size, setbacks, height, and NVF:DHZ:DJF
9/10/2024

24 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
parking. The Project is consistent with all noise requirements as well as all tree removal and replacement requirements.

c. The Site Development Permit, as approved, is consistent with applicable City Council policies, or counterbalancing considerations justify the inconsistency; and

Analysis: The Project is consistent with City Council Policy 6:30: Public Outreach Policy. The Project is considered a Significant Community Interest Proposal. On-site signs have been posted on the Project frontages since January 21, 2022. A Joint EIR Scoping/Community Meeting was held via Zoom on January 24, 2022, to inform the public of the Project. Approximately 196 members of the public attended the meeting. The Costco Westgate West webpage was created for the project on the City’s Planning Division website to further inform the public of the development proposal, and to provide updates on the planning process. In addition to the formally noticed, city -sponsored community meeting, the applic ant and their representatives held approximately 27 outreach meetings with members of the public and stakeholder groups. In addition to the comments received at the community meeting, and the 387 written comments received during the EIR circulation, staff received approximately 120 written public comments were received prior to the posting of the Planning Commission staff report. Community concerns raised included traffic congestion , truck traffic, cut-through traffic, lack of vehicle parking, potential negative impacts to existing businesses, pedestrian and bicyclist safety, alcohol sales, light pollution, noise, and air quality. A webpage was created for the Project on the City’s Planning Division website to further inform the public of the development proposal, and to provide updates on the planning process. This Project was noticed for hearing at a radius of 1,000 feet from the subject site. The notice was also posted in a paper of record, the San Jose Post Record, on September 12, 2024. The staff report and draft hearing documents were posted on the City’s website seven days in advance of the Planning Commission meeting. Staff has been available to answer any questions and receive comments from the public.

d. The interrelationship between the orientation, location, and elevations of proposed buildings and structures and other uses on -site are mutually compatible and aesthetically harmonious.

Analysis: The Project consists of the partial redevelopment of the existing Westgate West shopping center. The Costco building would replace three existing buildings located at the northernmost portion of the shopping center. The Costco building is oriented towards the south and west , away from the existing residential neighborhood to the north, and in the same direction as the existing buildings within the shopping center. All buildings within the shopping center, including the Costco site, are single-story. The primary surface parking lot serving the Costco building would be shifted to the northwest corner of the shopping center along Lawrence NVF:DHZ:DJF
9/10/2024

25 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Expressway, while additional parking would be provided on the rooftop of the Costco building.

e. The orientation, location and elevation of the proposed buildings and structures and other uses on the site are compatible with and are aesthetically harmonious with adjacent development or the character of the neighborhood.

Analysis: The site is surrounded by single -family residential uses across Graves Avenue to the north, a commercial shopping center and medical offices to the east, commercial retail across Prospect Road to the south, and multifamily residential uses across Lawrence Expressway to the west. The existing site would continue to be used as a commercial shopping center, with the inclusion of the Costco building.

The Project continues the trend of the adjacent shopping center to the east, with the larger building located at the rear (northern) end of the site, and smaller retail buildings located along the adjacent street frontages. The rear of the building is located on the north side of the site to provide separation between the shopping center and the residential area to the north.

f. 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 is not located in an environmentally sensitive area and is already developed within an existing shopping center in an urbanized area. The building will be served by all necessary public and private utilities. The Project includes mitigation measures, Standard Environmental Permit Conditions , Best Management Practices, and compliance with regulatory agency requirements to reduce or eliminate any demolition and construction related impacts on surrounding properties , including conditions related to air qualit y, hazards and hazardous materials, hydrology and water quality, and noise. Additionally, as conditioned in this permit, the Project is required to appoint a Construction Disturbance Coordinator to address any construction related complaints. All demolition and construction activity would be temporary and would be limited to demolition of the existing buildings and construction of the new building and associated site upgrades. Additionally, 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 stormwa ter pollutant discharges.

Therefore, the Project would not result in significant noise, vibration, drainage, erosion, stormwater runoff or odor impacts.

NVF:DHZ:DJF
9/10/2024

26 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
g. Landscaping, irrigation systems, walls and fences, features to conceal outdoor activities, exterior he ating, ventilating, plumbing, utility and trash facilities are sufficient to maintain or upgrade the appearance of the neighborhood.

Analysis: The Project includes numerous site upgrades to beautify the existing shopping center, and surrounding area. A six -foot-high masonry wall would be constructed at the northern end of the property to screen the building and new surface parking areas from the existing re sidences across Graves Avenue to the north. Existing mature trees along Graves Avenue would be retained to further screen the new building and parking . The Project incorporates a detailed landscaping plan to ensure proper shading, stormwater control, and o verall site beautification. Utility rooms, loading areas, and trash and recycle operations are provided within the interior walls of the building at the northeast and southeast corners of the building. The mechanical, fire, and electrical rooms are located in the interior of the building at the northeast corner. Trash compactors are loaded from the interior of the building, are fully enclosed, and located at the side of the building, away from view of the street or parking areas . All plastic and cardboard bailing is conducted indoors in designated areas. A minimum 40 -foot-wide drive aisle is provided for trash truck pickup operations. The loading dock area is oriented towards the south, approximately 192 feet away from the northern property line, and approximately 261 feet from the nearest residential property to the north. The trash pickup area is located approximately 178 feet from the nearest residential property line to the north. The Project is consistent with all applicable Citywide Design Standards and Guidelines regarding landscaping, lighting, utility location, and trash facilities.

h. Traffic access and pedestrian access are adequate.

Analysis: Pedestrian access to the site would be provided along Lawrence Expressway, Prospect Road, Graves Avenue, and from Saratoga Avenue via internal walkways through the adjacent West Valley Shopping Center. Vehicular access to the site would be provided from on e driveway along Lawrence Expressway, three driveways along Prospect Road, two driveways along Saratoga Avenue internally accessed through the adjacent West Valley Shopping Center, and one driveway along Graves Avenue. An existing driveway along the cul -de- sac at the western end of Graves Avenue would be closed. Conditions of approval for the Project require the Permittee to construct public improvements including a new bike and pedestrian pathway along Lawrence Expressway, new bulb-outs and a crosswalk at the intersection of Graves Avenue and Fields Drive, street improvements and signal modifications along the Lawrence Expressway Project entrance, and closure of the existing driveway at the Graves Avenue cul-de-sac.

8. Conditional Use Permit Findings. Section 20.100.720 of the San José Municipal Code specifies the required findings for the approval of a Conditional Use Permit.

NVF:DHZ:DJF
9/10/2024

27 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

a. The Conditional Use Permit, as approved, is consistent with and will further the policies of the General Plan, applicable specific plans and area development policies; and

Analysis: The Project use is consistent with and further the policies of the General Plan. The Project conforms with General Plan Land Use Policy LU-5-10, which gives preference to off-sale alcohol establishments that offer a full range of food choices.

The Project allows off -sale alcohol (Type 21 ABC License) at a future retail establishment (Costco). Costco is an international chain of membership warehouse retail stores that offers a complete shopping experience including a full range of groceries, produce, meat, household goods, clothing, electronics, tires, eyecare, as well as alcohol. Alcohol sales would be incidental to the larger retail use. As shown on the project plans, the proposed alcohol sales area is approximately 5,764 square feet, or 4% of the total floor area. As conditioned in this Conditional Use Permit Resolution, alcohol sales would be limited to a maximum of five percent of the total floor area of the retail space that is open and accessible to the general public (i.e., excluding backroom storage and office space). Additionally, the store would employ 250 to 300 employees.

b. The Conditional Use Permit, as approved, conforms with the Zoning Code and all other provisions of the San José Municipal Code applicable to the project; and

Analysis: The retail use is a permitted use in the CG Commercial General Zoning District. The issuance of a Site Development Permit, in conformance with the requirements of the CG Zoning District is required, and the incidental off-sale alcohol use would also be authorized with the issuance of a Conditional Use Permit.

c. The Conditional Use Permit, as approved, is consistent with applicable City Council policies, or counterbalancing considerations justify the inconsistency; and

28 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
approximately 120 written public comments were received prior to the posting of the Planning Commission staff report. Community concerns raised included traffic congestion, truck traffic, cut-through traffic, lack of vehicle parking, potential negative impacts to existing businesses, pedestrian and bicyclist safety, alcohol sales, light pollution, noise, and air quality. A webpage was created for the Project on the City’s Planning Division website to further inform the public of the development proposal, and to provide updates on the planning process. This Project was noticed for hearing at a radius of 1,000 feet from the subject site. The notice was also posted in a paper of record, the San Jose Post Record, on September 12, 2024. The staff report and draft hearing documents were posted on the City’s website seven days in advance of the Planning Commission meeting. Staff has been available to answer any questions and receive comments from the public.

d. The proposed use at the location requested will not:

i. Adversely affect the peace, health, safety, morals or welfare of persons residing or working in the surrounding area; or
ii. Impair the utility or value of property of other persons located in the vicinity of the site; or
iii. Be detrimental to public health, safety or general welfare; and

Analysis: As indicated in the San José Police Department Memorandum dated January 19, 2022, the use is located in an area that is unduly concentrated with off- sale alcohol sales but is not in an area of high crime. The allocated number of off- sale establishments in Census Tract 5062.02 is three, and currently there are six off-sale establishments with active licenses. One establishment, Smart and Final, is no longer operating, and would be replaced by Costco. The Police department is neutral regarding this off-sale alcohol establishment. Due to the concentration of alcohol sales within this census tract, a Determination of Public Convenience and Necessity is required. Alcohol sales would be incidental to the primary u se as a retail store. The Operations Plan prepared by the Permittee and submitted to the Director of Planning, Building and Code Enforcement on October 29, 2021, provides provisions for security and employee training. During opening hours, Costco employees are stationed at the entrance to the store checking all entering visitor’s membership cards. Employees are trained in responsible alcohol sales and service and are responsible for checking ID’s. While the store is closed, typical security measures will be implemented, including locking exterior doors, using electronic alarm system to monitor entrances, and providing downward facing security lighting at the exterior of the building. Hours of alcohol sales would coincide with hours of operation of the store (Monday through Friday 9:00 AM to 8:30 PM and Weekends 9:00 AM to 7:00 PM). Therefore, the off-sale alcohol use will not NVF:DHZ:DJF
9/10/2024

29 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
adversely impact the surrounding area, impair the utility or value of property, or be detrimental to the public health, safety, or welfare.

e. The proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in this title, or as is otherwise required in order to integrate said use with the uses in the surrounding area; and

Analysis: The sale of alcohol would not impact the ability of the retail store to conform with the required development regulations of a retail store in the CG Commercial General Zoning District. The building conforms to all applicable development regulations, including setbacks, height, screening, parking, and loading for a building in the CG Zoning District. The Project is consistent with all applicable standards of the Citywide Design Standards and Guidelines for requirements for landscaping, lighting, utilities, and trash services. All alcohol sales and storage would occur indoors.

f. The proposed site is adequately served:

i. By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate; or by other forms of transit adequate to carry the kind and quantity of individuals such use would generate; and
ii. By other public or private service facilities as are required.

Analysis: The subject site is adequately served by local and regional access routes, and is accessed from Lawrence Expressway, Prospect Road, Saratoga Avenue, and Graves Avenue. The subject site is served by VTA bus routes 26, 56, and Express 101. The site is regionally served by Lawrence Expressway, California State Route 85, and Interstate 280. The Project includes the partial reconfiguration of the surface parking area within the shopping center. The newly configured central drive aisles are designed to funnel vehicles deeper into the site from either street before they turn into the parking areas The Project also includes public improvements to improve pedestrian and bicyclist safety and improve the flow of traffic. As conditioned in the Conditional Use Permit resolution, the Permittee is required to construct public improvements including a new bike and p edestrian pathway along Lawrence Expressway, new bulb-outs and a crosswalk at the intersection of Graves Avenue and Fields Drive, and street improvements and signal modifications along the Lawrence Expressway Project entrance.

g. 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 NVF:DHZ:DJF
9/10/2024

30 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
purposes of the California Environmental Quality Act (CEQA), will not have an unacceptable negative affect on adjacent property or properties.

Analysis: All alcohol sales would be conducted indoors and would be incidental to the primary retail/grocery store use . Therefore, there would be no unacceptable negative environmental impacts related to noise, vibration, dust, drainage, storm water runoff, or odor, and the Project will not have any unacceptable negative environmental effect on adjacent properties with regards to alcohol sales.

9. Off-Sale Alcohol Findings. Section 20.80.900 of the San José Municipal Code specifies the required findings for the approval of Off-Sale Alcohol in conjunction with the issuance of a Conditional Use Permit.

a. For such use at a location closer than five hundred feet from any other su ch use involving the off-sale of alcoholic beverages, situated either within or outside the city, that the proposed location of the off-sale alcohol use would not result in a total of more than four establishments that provide alcoholic beverages for off -site consumption within a one-thousand-foot radius from the proposed location.

Analysis: The use would result in a total of more than four establishments that provide alcoholic beverages for off -site consumption within a one -thousand-foot radius from the subject site. Given the size of the Project and central location within a major commercial shopping area in San José, there are five off -sale establishments within a 1,000-foot radius of the subject property. Establishments within 1,000 feet of the site are Trader Joes, BevMo!, Sprouts, Target, and Rotten Robbie. Therefore, this finding cannot be made.

b. For such use at a location closer than five hundred feet from any other use involving the off-sale of alcoholic beverages, situated either within or outside the city, where the proposed location of the off -sale of alcoholic beverages use would result in a total of more than four establishments that provide alcoholic beverages for off-site consumption within a one-thousand-foot radius from the proposed location, that the resulting excess concentration of such uses will not:

i. Adversely af fect the peace, health, safety, morals, or welfare of persons residing in or working in the surrounding area; or
ii. Impair the utility or value of property of other persons located in the vicinity of the area; or
iii. Be detrimental to public health, safety or general welfare

Analysis: The use would result in more than four establishments that provide alcoholic beverages for off-site consumption within a one-thousand-foot radius NVF:DHZ:DJF
9/10/2024

31 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
from the subject site. Three of the five uses located within 1,000 feet of the subject site are grocery stores. As indicated in the San José Police Department Memorandum dated January 19, 2022, the establishment is located within an area that is unduly concentrated with alcohol sales but is not in an area of high crime. The Police department is neutral regarding this off -sale alcohol establishment. The project’s alcohol sales area is approximately 5,764 square feet, or 4% of the total floor area. As conditioned in the Conditional Use Permit, the alcohol sales area is limited to no more than five percent of the sales floor area. Additionally, the Operations Plan includes provisions for security and employee training specific to alcohol sales. During opening h ours, Costco employees are stationed at the entrance to the store checking all entering visitor’s membership cars. Employees are trained in responsible alcohol sales and service and are responsible for checking ID’s. While the store is closed, typical security measures will be implemented, including locking exterior doors, using an electronic alarm system to monitor entrances, and providing downward facing security lighting at the exterior of the building. Hours of alcohol sales would coincide with hours of operation of the store (Monday through Friday 9:00 AM to 8:30 PM and Weekends 9:00 AM to 7:00 PM).

Therefore, given the primary use as a retail and grocery store and with the implementation of the Permittee’s Operation Plan, the use would not adversely affect the surrounding area. Therefore, this finding can be made.

c. For such use at a location closer than five hundred feet from any child care center, public park, social service agency, residential care facility, residential service facility, elementary school, secondary school, college or university, or one hundred fifty feet from any residentially zoned property, that the building in which the proposed use is to be located is situated and oriented in such a manner that would not adversely affect such res idential, child care center, public park, social service agency, residential care facility, residential service facility and/or school use.

Analysis: The subject site is not located within five hundred feet from a childcare center, social services, agency, residential care facility, residential service facility, college, or university. The Project site is adjacent to residentially zoned properties across Graves Avenue to the north. The Project site is also adjacent to the Saratoga Creek Dog Park across Graves Avenue to the north. The existing shopping center is also located approximately 230 feet northeast of Prospect High School. However, the use is oriented in a manner that would not be a detriment to the adjacent uses including the residences and park to the north and school to the southwest. Costco is a member only business. During opening hours, Costco employees are stationed at the entrance to the store checking all entering visitor’s membership cards. The sale of alcohol occurs entirely indoors and would be incidental to the larger retail and grocery store use. As conditioned in the Conditional Use Permit, the alcohol NVF:DHZ:DJF
9/10/2024

32 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
sales area is limited to no more than five percent of the sales floor area. Therefore, this finding can be made.

10. Determination of Public Convenience or Necessity. Under California Business and Professions Code Sections 23958 and 23958.4, the Department of Alcohol Beverage Control (ABC) must deny an application for a liquor license “if issuance of that license would tend to create a law enforcement problem, or if th e issuance would result in or add to an undue concentration of liquor licenses in the area,” unless the City determines that the public convenience or necessity would be served by the issuance of the license (Determination of Public Convenience or Necessity, or PCN). An “undue concentration” is defined as follows:

a. The premises of the proposed license are located in an area that has 20 percent greater number of reported crimes than the average number of reported crimes for the City as a whole, or
b. The premises of the proposed license are located within a census tract where the ratio of existing retail off-sale licenses to population in the census tract exceeds the ratio in the County as a whole.

Analysis: The Project site is located within Census Tract 5062.02. According to the San José Police Department Memorandum January 19, 2022, the establishment is located in an area that is unduly concentrated with alcohol sales but is not in an area of high crime. The neighborhood does not report 20 percent more crimes above the city average. However, the ratio of existing retail off -sale licenses to population in the census tract exceeds the ratio in the County as a whole. The allocated number of off-sale establishments in Census Tract 5062.02 is three, and currently there are six off-sale establishments with active licenses. This permit would be the seventh off-sale alcohol use in the Census tract. Therefore, for the California Department of Alcoholic Beverage Control (ABC) to be able to issue a license for this off-sale use, the City must grant a Determination of Public Convenience or Necessity. The analysis of the Project is based on the required findings identified in Title 6 of the San José Municipal Code and is described below.

Chapter 6.84 of Title 6 identifies the process and findings related specifically to the off- sale of alcohol and specifies that the Planning Commission may issue a PCN only after first making all of the findings specified below (see San José Municipal Code section

6.84.030):

a. The proposed use is not located within a Strong Neighborhoods Initiative or neighborhood revitalization area or other area designated by the city for targeted neighborhood enhancement services or programs, or located within an area in which the chief of police has determined based upon quantifiable information that the proposed use: (a) would be detrimental to the public health, safety, or welfare NVF:DHZ:DJF
9/10/2024

33 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
of persons located in the area; or (b) would increase the severity of existing law enforcement or public nuisan ce problems in the area; and

i. Would be detrimental to the public health, safety, or welfare of persons located in the area; or
ii. Would increase the severity of existing law enforcement or public nuisance problems in the area; and
Analysis: The Project site is not located within a Strong Neighborhoods Initiative (SNI) area or neighborhood revitalization area or other area designated by the City for targeted neighborhood enhancement services or programs. According to the Police Department Memorandum dated January 19, 2022, the Police Department stated that it is neutral to the issuance of a Conditional Use Permit for the off-sale of alcohol at the subject site. Alcohol sales are incidental to the primary use as a retail and grocery store. The alcohol sales area is approximately 5,764 square feet, or 4% of the total floor area. As conditioned in this Conditional Use Permit, the area in which alcoholic beverages are displayed or otherwise offered for sale shall not exceed 5 percent of the total floor area of the retail area that is open and accessible to the general public (i.e., excluding backroom storage and office spaces). Alcohol product displays shall not be placed outside the retail tenant space. Additionally, the Operations Plan provides provisions for security and employee training specific to alcohol sales. During opening hours, Costco employees are stationed at the entrance to the store checking all entering visitors membership cars. Employees are trained in responsible alcohol sales and service and are responsible for checking ID’s. While the store is closed, typical security measures will be implemented, including locking exterior doors, using electronic alarm system to monitor entrances, and providing downward facing security lighting at the exterior of the building. Hours of alcohol sales would coincide with hours of operation of the store (Monday through Friday 9:00 AM to 8:30 PM and Weekends 9:00 AM to 7:00 PM).

Therefore, given the primary use as a retail and grocery store, and with the implementation of the Permittee’s Operation Plan, the proposed alcohol sales would not be detrimental to public health, safety, or welfare of persons located in the area, or increase the severity of existin g law enforcement or public nuisance problems in the area. Therefore, this finding can be made.

b. The proposed use would not lead to the grouping of more than four off -premises sale of alcoholic beverage uses within a one -thousand-foot radius from the exterior of the building containing the proposed use; and

Analysis: As previously discussed, the use results in more than four establishments that provide alcoholic beverages for off-site consumption within a one-thousand-foot radius from the subject site. Tra der Joes, BevMo !, Sprouts, Rotten Robbie, and NVF:DHZ:DJF
9/10/2024

34 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Target all have active off-sale alcohol licenses and are all located within 1,000 feet of the subject site. Therefore, this finding cannot be made.

c. The proposed use would not be located within five hundred feet of a school, day care center, public park, social services agency, or residential care or service facility, or within one hundred fifty feet of a residence; and

Analysis: The subject site is located within one hundred fifty feet of residences to the north. The subject site is also within one hundred fifty feet of a park (Saratoga Creek Dog Park), located across Graves Avenue to the north. Prospect High School is within five hundred feet of the subject site to the southwest. Therefore, this finding cannot be made.

d. Alcoholic beverage sales would not represent a majority of the proposed use; and

Analysis: The alcohol sales area is approximately 5,764 square feet, or 4% of the total floor area. As conditioned in the Conditional Use Permit, the alcohol sales area is limited to no more than five percent of the sales floor area. Alcohol product displays shall not be placed outside the retail tenant space. Therefore, this finding can be made.

e. At least one of the following additional findings:

i. The census tract in which the proposed outlet for the off -premises sale of alcoholic beverages is located is unusually configured and the proposed outlet would act as a convenience to an underserved portion of the community without presenting a significant adverse impact on public health or safety; or

Analysis: The census tract is not unusually configured in shape. Therefore, this finding cannot be made.

ii. The proposed outlet for the off-premises sale of alcoholic beverages would enhance or facilitate the vitality of an existing commercial area without presenting a significant adverse impact on public health or safety; or Analysis: The Project would provide an additional retail option within an area of the City primarily developed with other commercial retail establishments and would employ 250 to 300 employees. The Project includes the partial redevelopment of an existing aging commercial shopping center, which would fiscally strengthen the City by generating tax revenue, increasing jobs, and improving the City’s ability to provide vital services to residents. Costco is an international chain of retail stores that NVF:DHZ:DJF
9/10/2024

35 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
offers a complete shopping exp erience including a full range of groceries, produce, meat, household goods, clothing, electronics, tires, eyecare, as well as alcohol. The alcohol sales area is approximately 5,764 square feet, or 4% of the total floor area that is open and accessible to the general public (i.e., excluding backroom storage and office spaces). Alcohol product displays shall not be placed outside the retail tenant space. According to the Police Department Memorandum dated January 19, 2022, the Police Department is neutral to the issuance of a Conditional Use Permit for the off -sale of alcohol at the subject site. The subject site is located in San José Police Beat N6. The reported crime statistics as defined by B&P Section 23958.4(c) are not over the 20% crime index, thus the location is not considered unduly concentrated per B&P Section 23958.4 (a)(1). The Operations Plan provides provisions for security and employee training specific to alcohol sales. During opening hours, Costco employees are stationed at the entrance to th e store checking all entering visitors ’ membership cards. Employees are trained in responsible alcohol sales and service and are responsible for checking IDs. While the store is closed, typical security measures will be implemented, including locking exter ior doors, using electronic alarm system to monitor entrances, and providing downward-facing security lighting at the exterior of the building. Hours of alcohol sales would coincide with hours of operation of the store (Monday through Friday 9:00 AM to 8:3 0 PM and Weekends 9:00 AM to 7:00 PM).

Therefore, the off -sale alcohol outlet would enhance the vitality of an existing aging commercial shopping center without adverse impact on the public health of safety. Therefore, this finding can be made. iii. The censu s tract in which the proposed outlet is located has a low population density in relation to other census tracts in the city, and the proposed outlet would not contribute to an over -concentration in the absolute numbers of outlets for the off -premises sale of alcoholic beverages in the area; or

Analysis: The census tract in which the proposed outlet (i.e., Costco) is located does not have a low population density in relation to other census tracts in the city. Based on the 2020 United States Census, the population density of San José is approximately 5,694 people per square mile. The population density of Census Tract 5062.02 is approximately 8,660 people per square mile. However, the Project would result in an overconcentration in the number of outlets for the off -premises sale of alcoholic beverages.

Therefore, this finding cannot be made.

iv. The proposed off -premises sale of alcoholic beverages is incidental and appurtenant to a larger retail use and provides for a more complete and convenient shopping experience.

NVF:DHZ:DJF
9/10/2024

36 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Analysis: The Project allows off-sale alcohol (Type 21 ABC License) at a future retail/grocery store (Costco). Costco is international chain of retail stores that offers a complete shopping experience including a full range of groceries, produce, meat, household goods, clothin g, electronics, tires, eyecare, as well as alcohol. The proposed alcohol sales area is approximately 5,764 square feet, or 4% of the total floor area. As conditioned in the Conditional Use Permit, the alcohol sales area is limited to no more than five percent of the sales floor area. As conditioned in the Conditional Use Permit, the area in which alcoholic beverages are displayed or otherwise offered for sale shall not exceed 5 percent of the total floor area of the retail area that is open and accessible t o the general public (i.e., excluding backroom storage and office spaces). Therefore, alcohol sales would be incidental and appurtenant to the larger retail use. Therefore, this finding can be made.

f. If the Planning Commission cannot make one or more of the first four findings (items a through d) listed above, then the Planning Commission is required by San José Municipal Code Section 6.84.030.D to make a recommendation to the City Council as to whether the Council should make a determination for the proposed use.

Analysis: The second and third findings for the issuance of a Determination of Public Convenience or Necessity cannot be made for the off-sale of alcohol because the proposed use would result in more than four establishments providing off -sale alcohol within a 1,000-foot radius and because the Project site is located within 150 feet of a residentially zoned property and within 500 feet of a public park and school.

Therefore, City Council approval is required for the proposed use. The Planning Commission must make a recommendation on the proposed use to the City Council and the City Council may issue a determination in connection with an application for a license from the California Department of Alcoholic Beverage Control for the off- premises sale of alcoholic beverages where it can make a determination that not all of the required findings can be made, and when the Council identifies that a significant and overriding public benefit or benefits will be provided by the proposed use. The Council can identify and find that significant and overriding public benefit will be provided by the proposed use.

g. Notwithstanding the foregoing provisions and requirements contained in Subsection D. above, the City Council may issue a determination in connection with an application for a license from the California Department of Alcoholic Beverage Control for the off-premises sale of alcoholic beverages where the City Council does all of the following:

NVF:DHZ:DJF
9/10/2024

37 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
i. Makes a determination that not all of the required findings set forth in Subsection B. can be made; and

Analysis: Given the above -stated analysis, the second and thi rd findings cannot be made for the Determination of Public Convenience or Necessity for the off-sale of alcohol because the subject site is located within 150 feet of a residentially zoned property and within 500 feet of a school and park.

However, two of the four findings (a and d) can be made. Moreover, findings e.ii. and e.iv of the additional findings can be made.

ii. Identifies and finds that a significant and overriding public benefit or benefits will be provided by the proposed use.

Analysis: While not all of the required findings for the Determination of Public Convenience or Necessity can be made, there are significant and overriding benefits resulting from the Project use. Off-sale alcohol would be appurtenant to a larger retail/grocery use that p rovides a complete, convenient, and diverse shopping experience. The retail use would revitalize an existing aging shopping center and fiscally strengthen the City by generating tax revenue, increasing jobs, and improving the City’s ability to provide vita l services to residents. The use would be oriented in a manner that would not be a detriment to the adjacent uses including the residences or park to the north and the school to the southwest. According to the Police Department Memorandum dated January 19, 2022, the Police Department is neutral to the issuance of a Conditional Use Permit for the off -sale of alcohol at the subject site. The Project use is not in an area of high crime. The Operations Plan includes provisions for security and employee training specific to alcohol sales. During opening hours, Costco employees are stationed at the entrance to the store checking all entering visitors membership cars. Employees are trained in responsible alcohol sales and service and are responsible for checking ID’s. While the store is closed, typical security measures will be implemented, including locking exterior doors, using an electronic alarm system to monitor entrances, and providing downward facing security lighting at the exterior of the building. Hours o f alcohol sales would coincide with hours of operation of the store (Monday through Friday 9:00 AM to 8:30 PM and Weekends 9:00 AM to 7:00 PM). Alcohol sales would be incidental and appurtenant to the larger retail/grocery store use. The alcohol sales area is approximately 5,764 square feet, or 4% of the total floor area. As conditioned in this Conditional Use Permit, t he area in which alcoholic beverages are displayed or otherwise offered for sale shall not exceed 5 percent of the total floor area of the retail area that is open and accessible to the general public (i.e., excluding backroom storage and office spaces). Therefore, the City NVF:DHZ:DJF
9/10/2024

38 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Council may make the finding that the Project use would provide a significant and overriding public benefit.

11. Demolition Permit Findings . Chapter 20.80 of the San José Municipal Code establishes evaluation criteria for the issuance of a permit to allow demolition:

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 facil itate a project that 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 José;
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 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 Project includes the demolition of three existing buildings within the shopping center totaling approximately 188,265 square feet for the construction of an approximately 165,148 -square foot com mercial retail building (Costco). The approval of the demolition permit will not result in the creation or continued existence of a nuisance, blight or dangerous condition nor would it jeopardize public health, safety, or welfare, as it will allow for the partial redevelopment of an aging shopping center with a retail use that is consistent with the allowable uses and development standards of the Neighborhood/Community Commercial General Plan land use designation and CG Commercial General Zoning District. The demolition permit will facilitate a partial redevelopment Project that is compatible with the existing shopping center. As previously discussed, the Project is consistent with all applicable General Plan goals and policies, CG Zoning requirements, applicable city council policies, and Citywide Design Standards and Guidelines. The Project will not demolish any existing housing. Based on the historic resources survey conducted for the Project site, the Project does not meet the criteria for listing on the National Register of Historic Places, California Register of Historic Places or as a Candidate City Landmark on the City’s Historic Resources Inventory; therefore, the Project would not demolish any historic resources. The demolition of any existing buildings on-site will not occur until an application for a grading permit or building permit is submitted, whichever comes first. Therefore, a demolition permit may be granted for the Project.

NVF:DHZ:DJF
9/10/2024

39 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

12. Tree Removal Permit Findings. Section 13.32.100 of the San José Municipal Code specifies the required findings for live tree removals.

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.

a. That the condition of the tree with respect to disease, danger of falling, proximity to an existing or proposed structure, and/or interference with utility services, is such that preservation of the public health or safety requires its removal. b. That the location of the tree with respect to a proposed improvement unreasonably restricts the economic development of the parcel in question; or Analysis: Based on the arborist report prepared by Leonardo Tuchman, ISA Certified Arborist, dated October 25, 2021, the Project includes the removal of 115 trees. A total of 157 trees would be preserved on-site. Of the trees to be removed, 73 are ordinance-size and 42 are non-ordinance-size. The trees to be removed are located within the Project buildings footprint or the proposed drive aisles serving the site.

One tree requires replacement at a 5:1 ratio. 72 trees require replacement at 4:1 ratio, 40 trees require replacement at a 2:1 ratio, and two trees require replacement at a 1:1 ratio. Based on the requirements listed in the table above, the removal of the 115 trees on-site requires the replacement of 375 15-gallon trees on site. One 24-inch box planted on site may count towards two required 15-gallon replacement trees. The total number of replacement trees to be planted on site is 198 24 -inch box trees (equal to 396 15 -gallon trees). The Project includes the planting of 30 Emerald Vase Chinese Elms, 27 Interio r Live Oaks, 26 Chinese Green Elms, 25 NVF:DHZ:DJF
9/10/2024

40 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Forest Green Oaks, 25 Southern Magnolias, 21 Lacebark Elms, 19 Sky Climber Oaks, 16 Crape Myrtles, and 9 Southern Live Oaks. Therefore, the Project conforms with the tree replacement requirements.

In accordance with the findings set forth above, a Conditional Use Permit to use the subject property for said purpose specified above and subject to each and all of the conditions hereinafter set forth is hereby granted. This City Council expressly declares that it would not have granted this Permit except upon and subject to each and all of said conditions, each and all of which conditions shall run with the land and be binding upon the owner and all subsequent owners of the subject property, and all persons who use the subject property for the use conditionally permitted hereby.

1. Acceptance of Permit. Per Section 20.100.290(B), should the Permittee fail to file a timely and valid appeal of this Conditional Use Permit (“Permit”) within the applicable appeal period, such inaction by the Permittee shall be deemed to constitute all of the following on behalf of the Permittee:
a. Acceptance of the Permit by the Permittee; 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 of the San José Municipal Code applicable to such Permit , with the c onditions being applicable only to the portions of the property that are being improved for the Costco project under the scope of this Conditional Use Permit.

2. Permit Expiration. This Permit shall automatically expire two (2) years from and after the date of issuance hereof by the City Co uncil, 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 P ermit 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 to fully comply with all of said conditions. No change in the character of occupancy or change to a different group of occupancies as described in the Building Code shall be made without first obtaining a Certificate of Occupancy from the Building Official, as required under San Jo sé Municipal Code Section 24.02.610, and any such change in occupancy must comply with all other applicable local and state laws.

NVF:DHZ:DJF
9/10/2024

41 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

4. Sewage Treatment Demand. Pursuant to Chapter 15.12 of Title 15 of the San José Municipal Code, acceptance of this Permit by P ermittee shall constitute acknowledgement of receipt of notice by Permittee that (1) no vested right to a Building Permit shall accrue as the result of the granting of this Permit when and if the City Manager makes a determination that the cumulative sewage treatment demand of the San José - Santa Clara Regional Wastewater Facility represented by approved land uses in the area served by said Facility will cause the total sewage treatment demand to meet or exceed the capacity of San José - Santa Clara Regio nal 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. Conformance to Plans. The development of the site and all associated development and improvements shall conform to the approved Conditional Use Permit plans entitled, “San Jose, CA Westgate West – Costco Wholesale” dated August 15, 2024, on file with the Department of Planning, Building and Code Enforcement, as may be amended and approved by the Director of Planning, Building and Code Enforcement, and to the San José Building Code (San José Municipa l Code, Title 24). The plans are referred to herein as the “approved plans” or the “Approved Plan Set.”

6. Use Authorization. Subject to all conditions herein, this Permit allows the following:
a. Demolition and Construction. The demolition of three buildings totaling approximately 188,265-square feet within an existing 19.80-gross acre shopping center, and the removal of 115 trees (73 ordinance-size, 42 non-ordinance-size, 198 replacement) for the construction of an approximately 165,148-square foot commercial retail building.
b. Off-Sale of Alcohol.
i. This Conditional Use Permit authorizes the off-sale of alcohol (Type 21 ABC License – Full Range of Alcoholic Beverages) and a Determination of Public Convenience or Necessity at the subject establishment and successors of said tenant spaces whereby the subsequent tenant maintains the same use as described herein.
ii. Alcoholic Beverage Control. The off-sale of alcohol (Type 21 ABC License) is allowed in conformance with the requirements of the Department of Alcoholic Beverage Control (ABC). The permittee shall obtain and maintain full NVF:DHZ:DJF
9/10/2024

42 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
compliance with its ABC license and remain in good standing with the Department of Alcoholic Beverage Control.
iii. Limitation on the Area of Alcohol Sales. The sale of alcohol for off-site consumption allowed by this Conditional Use Permit shall be limited and incidental to the primary use of a grocery store. The area in which alcoholic beverages are displayed or otherwise offered for sale shall not exceed five percent of the total floor area of the retail area that is open and accessible to the general public (i.e., excluding backroom storage and office spaces).

Alcohol product displays shall not be placed outside the retail tenant space. c. Extended Construction Hours
i. This permit authorizes extended construction hours (Saturdays 7:00 am to 7:00 pm) with up to five 24-hour concrete pours.
ii. Neighborhood Notification. The permittee shall provide written notices to all property owners and tenants a minimum of 15 days prior to commencement of the 24-hour concrete pours. The notification radius shall be 500 feet from the subject site.
iii. Construction Disturbance Coordinator. Rules and regulations pertaining to all construction activities and limitations identified in this Permit, along with the name and telephone number of a Permittee-appointed disturbance coordinator, shall be posted in a prominent location at the entrance to the job site. d. Loading and Deliveries.
i. Costco trucks shall not utilize the entrance on Graves Avenue for loading/unloading activities. Costco shall make all efforts to educate vendors to avoid utilizing Graves Avenue for loading and deliveries. ii. The property owner shall educate tenants and delivery drivers to discourage truck access to and from Graves Avenue. Appropriate signage shall be installed at the entrance and exits to discourage truck drivers from utilizing Graves Avenue.
e. Parking Lot Operations. The permittee (Costco) shall implement the following measures to control shopping cart use and Costco member parking:
i. Daily cart on-site retrieval program: Costco will employe between 3 and 6 lot employees to perform continuous on-site cart retrieval during warehouse operating hours. Under this program, stray carts are continuously retrieved and returned to temporary cart storage areas in the parking field. Carts are then returned to cart storage areas at the front of the warehouse for member use.

This cycle continues throughout the day.
ii. Daily off-site cart retrieval program: Costco will patrol the surrounding neighborhood within a one-half mile radius of the site on a daily basis to collect stray shopping carts. Costco will post signs near driveway and sidewalk exit NVF:DHZ:DJF
9/10/2024

43 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
areas to remind Costco members that shopping carts are not to be removed from the premises.
iii. Monitoring program: Implement a one-year shopping cart monitoring program.

If after one year Costco's shopping cart retrieval program is not successful in maintaining its carts on the property, additional measure may be implemented as agreed on by all parties.
f. Outdoor Use.
i. Any temporary outdoor sales or outdoor use shall be conducted in accordance with Chapter 20.80, Part 14 and Section 20.40.520 of the Municipal Code, as amended.
ii. Outdoor Storage. No outdoor storage is allowed or permitted unless designated on the Approved Plan Set.

7. Operations Plan. The project is bound to the Operations Plan titled “Costco San Jose (Westgate West) Operations Plan” dated October 29, 2021, and last revised September 9, 2024.

8. Demolition Permit. A demolition permit may be issued for three buildings totaling approximately 188,265 square feet 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. Lot Line Adjustment. Prior to the issuance of a Building Permit for new construction, the Permittee shall secure approval and provide proof of recordation of a Lot Line Adjustment to modify the existing lot lines.

10. Covenant of Easement. Prior to approval of any grading or building permits, the permittee (Owner) shall amend the existing cov enant of easement and shall record the amended covenant of easement with the City of San Jose to ensure non-exclusive parking in the center.

11. Required Parking . This project shall conform to the vehicular, motorcycle, and bicycle parking requirements as applicable in the Zoning Ordinance, as amended. Any change to the parking requires the issuance of a Permit Adjustment or Amendment to the satisfaction of the Director of Planning.

12. Outdoor Lighting. All outdoor lighting shall be fully shielded (full cut-off) to prevent light from aiming skyward and light spillage and glare. The maximum color temperature for all outdoor lighting shall be below 2700 Kelvin, with the exception of outdoor decorative lighting from November 15 to January 15. Any p roposed changes to outdoor lighting shall require the issuance of a Permit Adjustment.

13. Green Building Requirements. This development is subject to the City’s Green Building Ordinance for Private Sector New Construction as set forth 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 NVF:DHZ:DJF
9/10/2024

44 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Permittee (Costco) shall pay a Green Building Refundable Deposit. In order to receive a refund of the deposit, the project must achieve the minimum requirements as set forth in Municipal Code Section 17.84. The request for the refund of the Green Building Deposit together with evidence demonstrating the achievement of the green building standards indicated in Municipal Code Section 17.84 shall be submitted within a year after the building permit expires or becomes final, unless a request for an extension is submitted to the Director of Planning, Building, and Code Enforcement in accordance with Section 17.84.305D of the Municipal Code.

14. Compliance with Local, State, and Federal Laws. The subject use shall be conducted in full compliance with all local, state, and federal laws.

15. 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.

16. Nuisance. This use shall be operated in a manner which does not create a public or private nuisance. Any such nuisance must be abated immediately upon notice by the City.

17. Refuse. All trash and refuse storage areas associated with the buildings (Costco) approved through the scope of this permit shall be effectively screened from view and covered and maintained in an orderly state to prevent water from entering into the trash or refuse container(s). Trash areas shall be maintained in a manner to discourage illegal dumping.

18. Anti-Graffiti. All graffiti shall be removed from buildings and wall surfaces, including job sites for projects under construction, within 48 hours of defacement.

19. Anti-Litter. The site and surrounding area shall be maintained free of litter, refuse, and debris. Cleaning shall include keeping all publicly used areas free of litter, trash, cigarette butts and garbage.

20. Loitering and Panhandling. Loitering and panhandling will not be tolerated, and the Permittee will maintain a zero -tolerance policy. No loitering signs will be posted in conspicuous places containing wording (English , Spanish, and Vietnamese ) that aligns with state and local law (business owner to work with San José Police to obtain proper language). All loitering and panhandling issues will be dealt with in a swift and consistent manner by notifying local police. No consumption or open alcoholic beverages will be permitted on the premises. Signs specifically prohibiting this activity will also be placed in conspicuous places in English, Spanish, and Vietnamese.

21. Amplified Sound. All amplified sound shall be contained within the building and the building shall be adequately insulated to prevent sound from emanating outside.

22. 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 building such as paint, roof, paving, signs, lighting, and landscaping.

NVF:DHZ:DJF
9/10/2024

45 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

23. Mechanical Equipment. The location and type of mechanical equipment shall be as shown on the Approved Plans and shall be screened from view. Changes to the mechanical equipment requires the issuance of a Permit Adjustment or Amendment to the satisfaction of the Director of Planning.

24. No Generators Approved. This Permit does not include the approval of any stan d- by/backup electrical power generation facility. Any future stand-by/backup generators would require the permittee to secure appropriate permits and conform to the regulations of Title 20 of the Municipal Code.

25. No Sign Approval. Any signage shown on the Approved Plan Set are conceptual only.

No signs are approved at this time. Any signs shall be subject to review and approval by the Director of Planning through a subsequent Permit Adjustment.

26. Street Number Visibility. Street numbers of the buildings shall be easily visible from the street at all times, day and night.

27. Landscaping
a. 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. b. Tree Protection Standards . The Permittee shall maintain the trees and other vegetation shown to be retained in this Project and as noted on the Approved Plan Set. Maintenance shall include pruning and watering as necessary and protection from construction damage. Prior to the removal of any tree on the site, all trees to be preserved shall be permanently identified by metal numbered tags. Prior to issuance of the Grading Permit or removal of any tree, all trees to be saved shall be protected by chain link fencing, or other fencing type approved by the D irector of Planning, Building and Code Enforcement. Said fencing shall be installed at the dripline of the tree in all cases and shall remain during construction. No storage of construction materials, landscape materials, vehicles or construction activit ies shall occur within the fenced tree protection area. Any root pruning required for construction purposes shall receive prior review and approval and shall be supervised by the consulting licensed arborist. Fencing and signage shall be maintained by th e Permittee to prevent disturbances during the full length of the construction period that could potentially disrupt the habitat or trees. c. Tree Replacement Enforcement. Failure to plant trees in conformance with the approved plan set may be subject to in-lieu fees for trees not planted. d. Verification of Payment and/or Planting of Replacement Tree(s). After payment of the in-lieu fee and/or the planting of replacement trees on-site, the permittee shall provide appropriate evidence such as, but not limited to, photographs and/or receipts to the Planning Project Manager to verify compliance with the mitigation requirements. Such evidence should be uploaded to www.sjpermits.org using these instructions:

NVF:DHZ:DJF
9/10/2024

46 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
https://www.sanjoseca.gov/home/showpublisheddocument/88853/6380886052554 30000 and e-mailed to the Planning Project Manager and labeled File No. CP21- 022
e. Landscaping. Planting and irrigation are to be provided by the Permitt ee, as indicated, on the final Approved Plans.
f. 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 th e Zonal Irrigation Plan in the Approved Plans. The design of the system shall be approved and stamped by a California Registered Landscape Architect.
g. 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 included on the Landscape Sheets in the plan set submitted to the Department of Planning, Building and Code Enforcement prior to approval of the final inspection of the project. h. Replacement Landscaping. Any landscaping removed outside the approved landscaping plan with the construction of the project shall be replaced with similar landscaping in the immediate area. All landscaped replacement ar eas shall be automatically irrigated.

28. Conformance to Mitigation Monitoring and Reporting Program. This project shall conform to all applicable requirements of the Mitigation Monitoring and Reporting Program (“MMRP”) approved for this development by City Council Resolution No. _______.

29. Standard Environmental Permit Conditions.
a. Construction Related Air Quality. The following measures shall be implemented during all phases of construction to control dust emissions. i. Water active construction areas at least twice daily or as often as needed to control dust emissions.
ii. Cover trucks hauling soil, sand, and other loose materials and/or ensure that all trucks hauling such materials maintain at least two feet of freeboard. iii. Remove visible mud or dirt track -out onto adjacent public roads using wet - power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
iv. Enclose, cover, water twice daily or apply non -toxic soil binders to exposed stockpiles (dirt, sand, etc.).
v. Pave new or improved roadways, driveways, and sidewalks as soon as possible.

NVF:DHZ:DJF
9/10/2024

47 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
vi. Lay building pads as soon as po ssible after grading unless seeding or soil binders are used.
vii. All vehicle speeds on unpaved roads shall be limited to 15 mph. viii. Replant vegetation in disturbed areas as quickly as possible. ix. Install sandbags or other erosion control measures to prevent silt runoff to public roadways.
x. Minimize idling times either by shutting off equipment when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations). Provide clear signage for construction workers at all access points.
xi. Maintain and properly tune construction equipment in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. xii. Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints.
b. Biological Resources.
i. Santa Clara Valley Habitat Plan. The project may be subject to applicable SCVHP conditions and fees (including the nitrogen deposition fee) prior to issuance of any grading permits. The project Permittee shall submit the Santa Clara Valley Habitat Plan Co verage Screening Form ( https://www.scv- habitatagency.org/DocumentCenter/View/151/Coverage-Screening- Form?bidId=)to the Director of Planning, Building and Code Enforcement or the Director’s designee for approval and payment of all applicable fees prior to the issuance of a grading permit. The Habitat Plan and supporting materials can be viewed at https://scv-habitatagency.org/ 178/Santa -Clara-Valley-Habitat- Plan.
ii. Tree Replacement. The trees removed for the project shall be replaced at ratios required by the City, as stated in the table below, as amended:

48 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
x:x = tree replacement to tree loss ratio
Note: Trees greater than or equal to 38-inch circumference measured at 54 inches above natural grade shall not be removed unless a Tree Removal Permit, or equivalent, has been approved for the removal of such trees. For Multi-Family residential, Commercial and Industrial properties, a permit is required for removal of trees of any size.

A 38-inch tree equals 12.1 inches in diameter.

A 24-inch box replacement tree = two 15-gallon replacement trees

(i) 115 trees onsite will be removed. One tree requires replacement at a 5:1 ratio. 72 trees require replacement at 4:1 ratio, 40 trees require replacement at a 2:1 ratio, and two trees require replacement at a 1:1 ratio. Based on the requirements listed in the table above, the removal of the 115 trees on-site requires the replacement of 375 15 -gallon trees on site. One 24 -inch box planted on site may count towards two required 15 -gallon replacement trees. The total number of replacement trees to be planted on site is 198 24-inch box trees (equal to 396 15-gallon trees).
(ii) If there is insufficient area on the project site to accommodate the required replacement trees, one or more of the following measures shall be implemented, to the satisfaction of the Director of Planning, Building and Code Enforcement or Director’s designee. Changes to an approved landscape plan requires the issuance of a Permit Adjustment or Permit Amendment
(a) The size of a 15 -gallon replacement tree may be increased to 24 -inch box and count as two replacement trees to be planted on the project site (b) Pay Off-Site Tree Replacement Fee(s) to the City, prior to the issuance of building permit(s), in accordance with the City Council approved Fee Resolution in effect at the time of payment. The City will use the off-site tree replacement fee(s) to plant trees at alternative sites. c. Cultural Resources.
i. Subsurface Cultural Resources. 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 th e City’s Historic Preservation Officer shall be notified, and a qualified archaeologist in consultation with a Native American Tribal representative registered with the Native American Heritage Commission for the City of San José and that is traditionally and culturally affiliated with the geographic area as described in Public Resources Code Section 21080.3 shall examine the find. The archaeologist in consultation with the Tribal representative shall 1) evaluate the find(s) to determine if they meet the d efinition of a historical or archaeological resource; and (2) make appropriate recommendations regarding the NVF:DHZ:DJF
9/10/2024

49 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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 the Director of Planning, Building and Code Enforcement or the Director's designee, the City’s Historic Preservation Officer and the Northwest Information Cen ter (if applicable). Project personnel shall not collect or move any cultural materials.
ii. Human Remains. If any human remains are found during any field investigations, grading, or other construction activities, all provisions of California Health and Safe ty Code Sections 7054 and 7050.5 and Public Resources Code Sections 5097.9 through 5097.99, as amended per Assembly Bill 2641, shall be followed. If human remains are discovered during construction, there shall be no further excavation or disturbance of th e 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 shall then n otify the Santa Clara County Coroner. The Coroner will make a determination as to whether the remains are Native American. If the remains are believed to be Native American, the Coroner will contact the Native American Heritage Commission (NAHC) within 24 hours. The NAHC will then designate a Most Likely Descendant (MLD). The MLD will inspect the remains and make a recommendation on the treatment of the remains and associated artifacts. If one of the following conditions occurs, the landowner or his authorized representative shall work with the Coroner to reinter the Native American human remains and associated grave goods with appropriate dignity in a location not subject to further subsurface disturbance:
(i) The NAHC is unable to identify a MLD or the MLD fa iled to make a recommendation within 48 hours after being given access to the site. (ii) The MLD identified fails to make a recommendation; or (iii) The landowner or his authorized representative rejects the recommendation of the MLD, and mediation by the NAHC fails to provide measures acceptable to the landowner.
d. Greenhouse Gas Emissions/Energy.
i. Proof of Enrollment in San José Clean Energy . Prior to issuance of any Certificate of Occupancy for the project, the occupant shall provide to the Director of the Department of Planning, Building, and Code Enforcement or the Director’s designee, proof of enrollment in PG&E’s Solar Choice Program assumed in the approved environmental clearance for the project in accordance with CEQA. If the occupant, or any future occupan t, is not implementing the PG&E Solar Choice Program, the occupant shall provide the City evidence that it is securing electricity from a similarly sustainable source.

NVF:DHZ:DJF
9/10/2024

50 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
e. Geology and Soils.
i. Seismic Hazards.
(i) All excavation and grading work shall be scheduled in dry weather months or construction sites shall be weatherized.
(ii) Stockpiles and excavated soils shall be covered with secured tarps or plastic sheeting.
(iii) Ditches shall be installed to divert runoff around excavations and graded areas if necessary.
(iv) The project shall be constructed in accordance with the standard engineering practices in the California Building Code, as adopted by the City of San José. A grading permit from the San José Department of Public Works shall be obtained prior to the issuance of a Public Works clearance.

These standard practices would ensure that the future building on the site is designed to properly account for soils-related hazards on the site. (v) If dewatering is needed, the design -level geotechnical investigations to be prepared for individual future development projects shall evaluate the underlying sediments and determine the potential for settlements to occur.

If it is determined that unacceptable settlements may occur, then alternative groundwater control systems shall be required.
f. Paleontological Resources. If vertebrate fossils are discovered during construction, all work on the site shall stop immediately, Director of Planning, Building and Code Enforcement or the Director’s designee shall be notified, and a qualified professional paleontologist shall assess the nature and importance of the find and recommend appropriate treatment. Treatment may include, but is not limited to, preparation and recovery of fossil materials so that they 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 PBCE or the Director’s designee.
g. Hazards and Hazardous Materials.
i. Asbestos and Lead-Based Paint.
(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 a ccordance with Cal/OSHA Lead in Title 8, California Code of Regulations (CCR), Section 1532.1, including NVF:DHZ:DJF
9/10/2024

51 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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 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.
(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. h. Hydrology and Water Quality.
i. Construction Related Water Quality.
(i) Burlap bags filled with drain rock shall be installed around storm drains to route sediment and other debris away from the drains.
(ii) Earthmoving or other dust-producing activities shall be suspended during periods of high winds.
(iii) All exposed or disturbed soil surfaces shall be watered at least twice daily to control dust as necessary.
(iv) Stockpiles of soil or other materials that can be blown by the wind shall be watered or covered.
(v) All trucks hauling soil, sand, and other loose materials shall be covered and all trucks shall maintain at least two feet of freeboard. (vi) All paved access roads, parking areas, staging areas and residential streets adjacent to the construction sites shall be swept daily (with water sweepers).
(vii) Vegetation in disturbed areas shall be replanted as quickly as possible. (viii) All unpaved entrances to the site shall be filled with rock to remove mud from tires prior to entering City streets. A tire wash system shall be installed if requested by the City.
(ix) The Permittee shall comply with the City of San José Grading Ordinance, including implementing erosion and dust control during site preparation NVF:DHZ:DJF
9/10/2024

52 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
and with the City of San José Zoning Ordinance requirements for keeping adjacent streets free of dirt and mud during construction. i. Noise.
i. Construction Related Noise. In accordance with Mitigation Measure MM-NOI- 1 of the Mitigation Monitoring and Reporting Program for this Development, the project shall conform with the following conditions for construction-related noise. ii. Prior to the issuance of any grading or demolition permits, a qualified acoustical consultant shall prepare a Construction Noise Logistics Plan which shall include, at a minimum, the following requirements:
(i) Hours of construction as well as noise and vibration minimization measures. (ii) Prohibit pile driving.
(iii) Prohibit unnecessary idling of internal combustion engines. Post signs at gates and other places where vehicles may congregate reminding operators of the State’s Airborne Toxic Control Measure (ATCM) limiting idling to no more than 5 minutes.
(iv) Utilize “quiet” air compressors and other stationary noise sources where technology exists.
(v) Control noise from construction workers’ radios to a point where they are not audible at existing residences bordering the Project site. (vi) Construction contracts specify that all construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and other State required noise attenuation devices.
(vii) Property owners and occupants located within 500 feet of the Project boundary shall be sent a notice at least 15 days prior to commencement of construction activities, regarding the construction schedule of the proposed Project. A sign, legible at 50 feet shall also be posted at the Project construction site. All notices and signs shall be reviewed and approved by the Director of Planning, Building, and Code Enforcement or Director’s Designee, prior to mailing or posting and shall indicate the dates and duration of construction activities, as well as provide a contact name and a telephone number for the Noise Disturbance Coordinator where residents can inquire about the construction process and register complaints. (viii) Prior to issuance of any Grading or Building Permit, the Contractor shall provide evidence that at all times during construction activiti es, an on -site construction staff member will be designated as a Noise Disturbance Coordinator. The Noise Disturbance Coordinator is responsible for responding to complaints about construction noise. When a complaint is received, the Noise Disturbance Coordinator shall determine the cause (e.g., starting too early, bad muffler, etc.), implement reasonable measures to NVF:DHZ:DJF
9/10/2024

53 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
resolve the complaint, and document actions taken. All notices sent to residential units within 500 feet of the construction site and all signs posted at the construction site, shall include the telephone number for the Coordinator, as well as a description of the Coordinator's specified roles and responsibilities at the construction site. Additionally, a log of noise complaints and responses sh all be maintained and made available to the City upon request.
iii. Prior to issuance of any demolition or grading permits, the project applicant shall submit a copy of the Construction Noise Logistics Plan to the Director of Planning, Building and Code Enforcement or the Director's designee, and the project applicant shall implement the requirements of the Construction Noise Logistics Plan during project construction.

30. Building Division Clearance for Issuing Permits: Prior to the issuance of a Building Permit, the following requirements must be met to the satisfaction of the Chief Building Official:
a. Construction Plans. This permit File No. CP21-022 shall be printed on all construction plans submitted to the Building Division.
b. Construction Plan Conformance. A project construction plan conformance review by the Planning Division is required. Planning Division review for project conformance begins with the initial plan check submittal to the Building Division.

Prior to any building permit issuance, bui lding permit plans shall conform to the approved Planning development permits and applicable conditions. c. 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. d. Americans with Disabilities Act. The Permittee sh all provide appropriate access as required by the Americans with Disabilities Act (ADA). f. Project Addressing Plan. Prior to issuance of a Building Permit, the following requirements shall be met to the satisfaction of the Chief Building Official: The project Permittee shall submit an addressing plan for approval for the subject development (residential, mixed use, complex commercial or industrial). The addressing plan should include proposed street names for the streets (as referenced on an approved tentative map) and the type of addressing (i.e., individual street addresses as compared to unit number off of a primary street g. Other. Such other requirements as may be specified by the Chief Building Official.

31. 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.

NVF:DHZ:DJF
9/10/2024

54 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

32. Housing Department. Conditions for projects with non -residential uses adding at least 5,000 square feet:
a. For all Non-Residential development adding or constructing 5,000 square feet or more of new or additional floor area. An applicant is required to submit to the Housing Department, as part of its the application for First Approval the following:
(a) a fully completed, executed Satisfaction Plan, (b) all attachments to the Satisfaction Plan, (c) the required application processing fee and (d) complete an addendum to the Satisfaction Plan if the Project is requesting a secured deferred payment option or Affordable Housing Credits.
i. Permittee must strictly comply with each requirement of the approved CLF Satisfaction Plan Application (Plan), Processing Fee, and Agreement, and any other applicable requirements of the CLF.
ii. No building permit may issue until an Agreement is recorded against the property. No building permit may issue except consistent with the requirements of the CLF and the proposed Plan to fulfill the CLF obligations. iii. No scheduling of the final building inspection will occur until all requirements of the Commercial Linkage Fee Ordinance and Guidelines are met. iv. For Office or R/D Projects adding more than 100,000 square fe et and have selected the secured deferred payment option the following applies: Prior to issuance of any building permits, the permittee must execute an agreement regarding deferred payment specifying the security to be provided and pay 20% of the fee, Pri or to the scheduling of final building inspection, those projects must pay another 20% of the fee and submit the letter of credit or payment bond securing the outstanding amount for approval.

33. Public Works Clearance for Building Permit(s) or Map Approval: Prior to the approval of Tract or Parcel Map (if applicable) by the Director of Public Works, or the issuance of Building permits, whichever occurs first, the Permittee will be required to have satisfied 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: A Transportation Analysis (TA) has been performed for this project based on a net 466 PM peak -hour trips. See separate Tran sportation Analysis Memo dated September 12, 2024, for additional information. Based on the results of the analysis, the project is conditioned the following:

NVF:DHZ:DJF
9/10/2024

55 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
i. Implement curb, drainage, striping, and signal modifications to the east leg of the Lawrence Expr essway/Westgate West Shopping Center driveway intersection consistent with the conceptual exhibit “Prospect Rd and Lawrence Expy Proposed Intersection Improvements” prepared by the San Jose Department of Transportation and dated March 2024.
ii. If the relevant property owner(s) at the West Valley shopping center provide the property rights to allow the applicant to do so, widen the right -in/right-out driveway on Saratoga Avenue at the northeast corner of that property to accommodate inbound and outbound WB -50 and WB-67 truck movements. If permission is not granted, Costco trucks shall not utilize the driveway for ingress/egress.
iii. Within twelve (12) months after building occupancy, provide a single preconstruction and post-construction daily traffic volume comparison study to identify potentially adverse effects from the project to the adjacent residential neighborhood directly north of the project site in accordance with the latest Council Policy 5 -6 (Traffic Calming Policy for Residential Neighborhoods).

NVF:DHZ:DJF
9/10/2024

56 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
iii. If the project proposes to haul more than 10,000 cubic yards of cut/fill to or from the project site, a haul route p ermit is required. Prior to issuance of a grading permit, contact the Department of Transportation at (408) 535 -3850 for more information concerning the requirements for obtaining this permit. iv. Because this project involves a land disturbance of one or more acres, the applicant is required to submit a Notice of Intent to the State Water Resources Control Board and to prepare a Storm Water Pollution Prevention Plan (SWPPP) for controlling storm water discharges associated with construction activity. Copies of these documents must be submitted to the City Project Engineer prior to issuance of a grading permit.
v. A soils report must be submitted to and accepted by the City prior to the issuance of a grading permit. This report should include, but is not limited to :
foundation, earthwork, utility trenching, retaining and drainage recommendations.
e. Stormwater Runoff Pollution Control Measures: This project must comply with the City’s Post-Construction Urban Runoff Management Policy (Policy 6-29) which requires impleme ntation 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. The project’s Stormwater Control Plan and numeric sizing calculations have been reviewed and will be in conformance with City Policy 6-29. ii. Final inspection and maintenance information on the post -construction treatment control measures must be submitted prior to issuance of a Public Works Clearance.
iii. Developer shall grant the City a storm drainage easement over all onsite stormwater treatment measures which are designed to treat runoff from the right-of-way.
iv. The following shall be finalized at the implementation stage:
(i) Provide separate treatment for onsite and offsite stormwater. The SCP currently proposes DMA areas offsite (A11 & A12) and onsite (A13) to be equivalent in-lieu by an offsite area (EQ-1) and treated onsite (TCM 10). (ii) Onsite and offsite stormwater should not be mixing within the same system.

TCM 10 treating offsite is connecting to the onsite stormwater drainage system onsite. TCM 10 treating public stormwater should have a separate dedicated conveyance to the main.
(iii) Show storm drainage easement to be dedicated to the City over the TCM that will treat runoff from the right-of-way
NVF:DHZ:DJF
9/10/2024

57 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
f. Stormwater Peak Flow Control Measures: 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). g. 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.
h. 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.
i. Undergrounding: The In-Lieu Undergrounding Fee shall be paid to the City for all frontages adjacent to Prospect Road and Graves Avenue prior to issuance of a Public Works Clearance. 100 percent of the base fee in place at the time of payment will be due. Currently, the 2024 base fee is $627 per linear foot of frontage and is sub ject to change every January 31st based on the Engineering News Record’s City Average Cost Index for the previous year. The project will be required to pay the current rate in effect at the time the Public Works Clearance is issued.
j. Street Improvements:
i. Construct a new curb ramp, bulb-outs, and crosswalk striping at the intersection of Graves Avenue and Fields Drive.
ii. Reconstruct the existing bike/pedestrian path along the Lawrence Expressway project frontage to a Class I trail (minimum 8’ wide path, 2’ wide shoulders on both sides) per the City’s 2025 Better Bike Plan.
iii. Implement curb, drainage, striping, and signal modifications to the east leg of the Lawrence Expressway/Westgate West Shopping Center driveway intersection consistent with the conceptual exhibit “Prospect Rd and Lawrence Expy Proposed Intersection Improvements” prepared by the San Jose Department of Transportation and dated March 2024.
iv. If the relevant property owner(s) at the West Valley shopping center provide the property rights to allow the applicant to do so, widen the right -in/right-out driveway on Saratoga Avenue at the northeast corner of that property to accommodate inbound and outbound WB -50 and WB-67 truck movements. If permission is not granted, Costco trucks shall not utilize the dri veway for ingress/egress.
v. Within twelve (12) months after building occupancy, provide a single preconstruction and post-construction daily traffic volume comparison study to identify potentially adverse effects from the project to the adjacent residential neighborhood directly north of the project site in accordance with the latest Council Policy 5 -6 (Traffic Calming Policy for Residential Neighborhoods).

NVF:DHZ:DJF
9/10/2024

58 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Streets to be considered for the study are Cordelia Avenue, Happy Valley Avenue, Brenton Avenue, Lassen Avenue, Fields Drive, and Teresita Drive. If adverse effects to any of the six residential streets are found to meet the Policy's threshold criteria and are found to be attributable to the Project, contribute up to $50,000 for the City to design and const ruct traffic calming improvements to the satisfaction of the Director of Public Works. vi. Costco trucks shall not utilize the driveway along Graves Avenue for ingress/egress.
vii. Provide a $15K monetary contribution towards fiber optic upgrades for signals located at the following intersections: Prospect Road and Westgate Mall entrance, Prospect Road and Saratoga Avenue, Saratoga Avenue and Graves Avenue.
viii. Provide a $180K monetary contribution towards the installation of approximately 1,200’ of communications condu it and fiber optic from the intersection of Prospect Road and Saratoga Avenue to Saratoga Avenue and Graves Avenue.
ix. Close the existing driveway located at the Graves Avenue cul-de-sac. x. Close unused driveway cuts along the Graves Avenue project frontage. xi. Applicant shall be responsible to remove and replace curb, gutter, and sidewalk damaged during construction of the proposed project.
xii. Remove and replace broken, uplifted curb and gutter as well as broken, uplifted or non-ADA compliant sidewalk along project frontage.
xiii. 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.
xiv.Dedication and improvement of the public streets to the satisfaction of the Director of Public Works.
xv. Repair, overlay, or reconstruction of asphalt pavement may be required. The existing pavement will be evaluated with the street improvement plans and any necessary pavement restoration will be included a s part of the final street improvement plans.
k. Electrical: Existing electroliers along the project frontage will be evaluated at the public improvement stage and any street lighting requirements will be included on the public improvement plans.
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, NVF:DHZ:DJF
9/10/2024

59 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
and Construction of City Streetscape Projects”. Street trees shall be installed in cut-outs at the back of curb. Obtain a DOT street tree planting permit for any proposed street tree plantings. If street tree locations conflict with existing utilities, developer shall be solely responsible for relocating or adjusting utilities as necessary to resolve conflict. Street trees shown on this permit are conceptual only.
m. Referrals: This project should be referred to the County of Santa Clara for improvements along Lawrence Expressway.

34. Revocation, Suspension, Modification . This Conditional Use 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 Conditional Use 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.

ADOPTED this _______day of ________, 2024, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

______________________________

MATT MAHAN
Mayor
ATTEST:

_________________________
TONI J. TABER, MMC
City Clerk
NVF:DHZ:DJF
9/10/2024

60 T-53002\2145687
Council Agenda: 10/22/2024
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

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.

Order Number: NCS-1081998-WA1
Page Number: 13
First American Title Insurance Company

LEGAL DESCRIPTION
Real property in the City of San Jose, County of Santa Clara, State of California, described as follows:

PARCEL ONE:

PARCEL ONE-A:

PARCEL "B" AS SHOWN ON LOT LINE ADJUSTMENT NO. AT18-051, AS EVIDENCED BY DOCUMENT RECORDED MARCH 06, 2019 AS INSTRUMENT NO. 24128613 AND RE-RECORDED ON SEPTEMBER 04, 2019 AS INSTRUMENT NO. 24271587, BOTH OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

ALL OF PARCEL B, AS DESCRIBED IN THE LOT LINE ADJUSTMENT RECORDED ON JUNE 21, 1990 AS INSTRUMENT NO. 10565231 IN BOOK L395, PAGE 350, OFFICIAL RECORDS OF SANTA CLARA COUNTY.

AND, IN ADDITION THERETO, THE FOLLOWING AREA:

A PORTION OF PARCEL 2, AS SAID PARCEL IS SHOWN ON THE PARCEL MAP FILED ON APRIL 5, 1973 IN BOOK 320 OF MAPS, AT PAGE 29, SANTA CLARA COUNTY RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT LOCATED ON THE EASTERLY BOUNDARY OF SAID PARCEL 2, WHICH POINT BEARS NORTH 08° 11' 12" EAST, 177.20 FEET FROM THE SOUTHEAST CORNER OF SAID PARCEL 2; THENCE FROM SAID POINT OF BEGINNING, LEAVING SAID EASTERLY BOUNDARY, NORTH 81° 49' 35" WEST, 211.11 FEET;
THENCE NORTH 08° 10' 54" EAST, 28.13 FEET TO AN ANGLE POINT IN THE BOUNDARY OF SAID PARCEL 2;
THENCE, ALONG THE BOUNDARY OF SAID PARCEL 2, THE FOLLOWING TWO (2) COURSES:
(1) SOUTH 81° 49' 06" EAST, 211.11 FEET; AND
(2) SOUTH 08° 11' 12" WEST, 28.10 FEET TO THE POINT OF BEGINNING.

PARCEL ONE-
B:

PARCEL 1 AS SHOWN ON THAT CERTAIN MAP ENTITLED "PARCEL MAP BEING A PORTION OF LOTS 9, 10 AND 11, AS SHOWN ON THE MAP OF THE SUBDIVISION OF GRAVES TRUST, FILED SEPTEMBER 24, 1889 IN BOOK D OF MAPS, PAGE 145 OF SANTA CLARA COUNTY RECORDS", WHICH MAP WAS FILED

FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON APRIL 5, 1973 IN BOOK 320 OF MAPS, PAGE 29.

PARCEL ONE-C:

EASEMENTS FOR PEDESTRIAN AND VEHICULAR INGRESS AND EGRESS AND PARKING GRANTED IN THAT CERTAIN DECLARATION ESTABLISHING RECIPROCAL PARKING RECORDED APRIL 21, 2005 AS INSTRUMENT NO. 18335996, OFFICIAL RECORDS.

DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Order Number: NCS-1081998-WA1
Page Number: 14
First American Title Insurance Company
PARCEL TWO:

PARCEL TWO-A:

BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHERLY LINE OF PROSPECT ROAD, AS

ESTABLISHED BY THE DEED FROM THOMAS NEWTON FOSTER, ET AL, TO CITY OF SAN JOSE, DATED FEBRUARY 24, 1956, RECORDED AUGUST 3, 1956 IN BOOK 3567 OF OFFICIAL RECORDS, AT PAGE 595, SANTA CLARA COUNTY RECORDS, WITH THE WESTERLY LINE OF PARCEL NO. 1, AS SAID PARCEL NO. 1 WAS DESCRIBED IN THE DEED FROM Y. ARCHIBALD TO THOMAS N. FOSTER, ET UX, DATED MAY 19, 1964 AND RECORDED MAY 29, 1964 IN BOOK 6522 OF OFFICIAL RECORDS, PAGE 458, SANTA CLARA COUNTY RECORDS; RUNNING THENCE ALONG SAID NORTHERLY LINE OF PROSPECT ROAD NORTH 81° 50' WEST, 150.00 FEET; THENCE LEAVING SAID LINE AND RUNNING PARALLEL TO SAID WESTERLY LINE NORTH 8° 10' 57" EAST, 202.29 FEET; THENCE LEAVING SAID PARALLEL LINE AND RUNNING PARALLEL TO SAID NORTHERLY LINE OF PROSPECT ROAD, SOUTH 81° 50' EAST 150.00 FEET TO A POINT IN SAID WESTERLY LINE OF THE FOSTER PARCEL HEREINABOVE REFERRED TO; RUNNING THENCE ALONG SAID LAST NAMED LINE SOUTH 8° 10' 57" WEST, 202.29 FEET TO THE POINT OF BEGINNING AND BEING A PORTION OF LOTS 9 AND 10, AS SAID LOTS ARE SHOWN UPON THE MAP OF

THE SUBDIVISION OF THE GRAVES TRACT IN THE QUITO RANCHO, WHICH SAID MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF SAID COUNTY ON SEPTEMBER 24, 1889 IN BOOK "D" OF MAPS, AT PAGE 145, SANTA CLARA COUNTY RECORDS.

PARCEL TWO-
B:

PARCEL THREE:

PARCEL THREE-A:

A PORTION OF LOTS 9 AND 10, AS SHOWN ON THE MAP OF THE SUBDIVISION OF THE GRAVES TRACT IN THE QUITO RANCHO, FILED SEPTEMBER 24, 1889, BOOK D OF MAPS, PAGE 145, SANTA CLARA COUNTY RECORDS, DESCRIBED AS FOLLOWS:

BEGINNING ON THE NORTHERLY LINE OF PROSPECT ROAD, AS ESTABLISHED BY DEED TO CITY OF SAN JOSE, RECORDED AUGUST 3, 1956, OFFICIAL RECORDS, BOOK 3567, PAGE 595, AT THE EASTERLY LINE OF SAID LOT 9; THENCE FROM SAID POINT OF BEGINNING ALONG SAID EASTERLY LINE OF LOT 9, NORTH 8° 10' 57" EAST, 860.54 FEET TO THE SOUTHERLY LINE OF GRAVES AVENUE, AS ESTABLISHED BY SAID DEED TO CITY OF SAN JOSE; THENCE ALONG SAID LINE, NORTH 81° 49' 06" WEST, 454.50 FEET; THENCE SOUTH 8° 11' 12" WEST, PARALLEL WITH SAID EASTERLY LINE OF LOT 9 A DISTANCE OF 366.48 FEET; THENCE SOUTH 81° 49' 06" EAST AND PARALLEL WITH SAID LINE OF GRAVES AVENUE, 70 FEET; THENCE SOUTH 8° 11' 12" WEST AND PARALLEL WITH SAID EASTERLY LINE OF LOT 9, A DISTANCE OF 115 FEET; THENCE NORTH 81° 49' 06" WEST, PARALLEL WITH SAID LINE OF GRAVES AVENUE, 77.87 FEET; THENCE SOUTH 8° 10' 57" WEST PARALLEL WITH SAID WESTERLY LINE OF LOT 9, A DISTANCE OF 176.89 FEET TO THE SOUTHERLY LINE OF PARCEL OF LAND CONVEYED TO THOMAS N. FOSTER, ET UX, BY DEED RECORDED JANUARY 19, 1967, BOOK 7617, OFFICIAL RECORDS, PAGE 726; THENCE SOUTH 81° 50' EAST ALONG SAID LINE, 98.87 FEET, MORE OR LESS, TO THE SOUTHEAST CORNER THEREOF; THENCE SOUTH 8° 10' 57" WEST, PARALLEL WITH THE SAID EASTERLY LINE OF LOT 9, A DISTANCE OF 202.65 FEET TO SAID NORTHERLY LINE OF PROSPECT ROAD; THENCE SOUTH 81° 50' EAST, 369.5 FEET TO THE POINT OF BEGINNING.

PARCEL THREE-B:

EASEMENTS FOR PEDESTRIAN AND VEHICULAR INGRESS AND EGRESS AND PARKING GRANTED IN DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Order Number: NCS-1081998-WA1
Page Number: 15
First American Title Insurance Company
THAT CERTAIN DECLARATION ESTABLISHING RECIPROCAL PARKING RECORDED APRIL 21, 2005 AS INSTRUMENT NO. 18335996, OFFICIAL RECORDS.

PARCEL FOUR:

PARCEL FOUR-A:

PARCEL D OF PARCEL MAP FILED MAY 27, 1977 IN BOOK 397 OF MAPS, PAGE 44, SANTA CLARA COUNTY RECORDS.

PARCEL FOUR-B:

PARCEL FIVE:

A NON-

EXCLUSIVE EASEMENT AND RIGHT-OF-WAY IN PERPETUITY, CREATED APPURTENANT TO PARCELS ONE, TWO AND THREE ABOVE IN THE DEED TO THOMAS N. FOSTER, ET UX, RECORDED AUGUST 4, 1964, BOOK 6608, OFFICIAL RECORDS, PAGE 266, FOR INGRESS, EGRESS AND REGRESS OVER A PORTION OF LOT 8, AS SHOWN ON THE MAP OF THE SUBDIVISION OF THE GRAVES TRACT IN THE QUITO RANCHO, FILED SEPTEMBER 24, 1889 IN BOOK D OF MAPS, PAGE 145, SANTA CLARA COUNTY RECORDS, DESCRIBED AS FOLLOWS:

BEGINNING ON THE NORTHWEST LINE OF SARATOGA AVENUE, AS WIDENED BY THE DEED TO THE CITY OF SAN JOSE, RECORDED AUGUST 3, 1956, BOOK 3567, OFFICIAL RECORDS, PAGE 595, AT THE SOUTHERLY LINE OF CERTAIN PARCEL OF LAND CONVEYED TO STEVEN CREEK BOWL, INC., A CORPORATION, BY DEED RECORDED JULY 12, 1957, BOOK 3842, OFFICIAL RECORDS, PAGE 200;

THENCE FROM SAID POINT OF BEGINNING ALONG THE SOUTHERLY LINE OF SAID PARCEL OF LAND SO CONVEYED TO STEVENS CREEK BOWL, INC., AND THE WESTERLY PROLONGATION THEREOF, NORTH 81° 49' 06" WEST, 881.11 FEET TO THE WESTERLY LINE OF SAID LOT 8; THENCE ALONG SAID LINE, SOUTH 8° 10' 57" WEST 70 FEET TO THE INTERSECTION THEREOF WITH THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO H. S.

SCOTT, BY DEED RECORDED AUGUST 2, 1957, BOOK 3859, OFFICIAL RECORDS, PAGE 29; THENCE SOUTH 81° 49' 06" EAST AND ALONG SAID PROLONGED LINE AND ALONG THE NORTHERLY LINE OF SAID LAND SO CONVEYED TO H. S. SCOTT, 833.13 FEET TO THE NORTHEAST CORNER THEREOF IN SAID NORTHWEST LINE OF SARATOGA AVENUE; THENCE ALONG SAID NORTHWEST LINE OF SARATOGA AVENUE, NORTH 42° 36' 42" EAST, 84.87 FEET TO THE POINT OF BEGINNING.

EXCEPTING THEREFROM THAT PORTION OF SAID EASEMENT CONVEYED BY THAT CERTAIN QUITCLAIM DEED RECORDED OCTOBER 30, 1989 AS INSTRUMENT NO. 10304370 AND IN BOOK L145, PAGE 545, OFFICIAL RECORDS.

PARCEL SIX:

PARCEL SIX-
A:

PARCEL C, AS SHOWN UPON THE PARCEL MAP FILED MAY 27, 1977 IN BOOK 397 OF MAPS, PAGE 44, SANTA CLARA COUNTY RECORDS.

PARCEL SIX-
B:

EASEMENTS FOR PEDESTRIAN AND VEHICULAR INGRESS AND EGRESS AND PARKING GRANTED IN THAT CERTAIN DECLARATION ESTABLISHING RECIPROCAL PARKING RECORDED APRIL 21, 2005 AS DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Order Number: NCS-1081998-WA1
Page Number: 16
First American Title Insurance Company
INSTRUMENT NO. 18335996, OFFICIAL RECORDS.

PARCEL SEVEN:

PARCEL SEVEN-A:

PARCEL 2 AS SHOWN ON LOT LINE ADJUSTMENT NO. AT18-051, AS EVIDENCED BY DOCUMENT RECORDED MARCH 06, 2019 AS INSTRUMENT NO. 24128613 AND RE-RECORDED ON SEPTEMBER 04, 2019 AS INSTRUMENT NO. 24271587, BOTH OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

ALL OF PARCEL 2, AS SAID PARCEL IS SHOWN ON THE PARCEL MAP FILED ON APRIL 5, 1973 IN BOOK 320 OF MAPS, AT PAGE 29, SANTA CLARA COUNTY RECORDS.

AND, EXCEPTING THEREFROM, THE FOLLOWING AREA:

A PORTION OF SAID PARCEL 2, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

PARCEL SEVEN-B:

PARCEL EIGHT:

PARCEL EIGHT-A:

PARCEL "A" AND A PORTION OF PARCEL "B", AS SHOWN ON THE PARCEL MAP FILED MAY 27, 1977 IN BOOK 397 OF MAPS, PAGE 44, DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL "A"; THENCE SOUTH 08° 11" 38" WEST,

25.00 FEET; THENCE NORTH 81° 48" 22" WEST, 84.00 FEET; THENCE NORTH 08° 11" 38" EAST, 10.00 FEET; THENCE NORTH 81° 48' 22" WEST, 112.57 FEET TO THE EASTERLY LINE OF LAWRENCE EXPRESSWAY; THENCE NORTHERLY ALONG SAID EASTERLY LINE NORTH 02° 22" 34" EAST 142.36 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 50.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 93° 11" 54", AN ARC DISTANCE OF 81.33 FEET; THENCE SOUTH 81° 49' 06" EAST, 163.54 FEET; THENCE SOUTH 08° 11' 38" WEST, 181.68 FEET TO THE POINT OF BEGINNING.

DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Order Number: NCS-1081998-WA1
Page Number: 17
First American Title Insurance Company

THE LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE APPROVING A LOT LINE ADJUSTMENT, RECORDED JUNE 21, 1990, AS INSTRUMENT NO. 10565231, IN BOOK L395, PAGE 350 OFFICIAL RECORDS.

PARCEL EIGHT-B:

PARCEL NINE:

PARCEL NINE-A:

PARCEL 3, AS SHOWN ON THAT PARCEL MAP FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON APRIL 05, 1973, IN BOOK 320 OF MAPS, PAGE(S) 29.

PARCEL NINE-B:

PARCEL TEN:

A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS AS GRANTED IN THAT CERTAIN CORPORATION GRANT DEED RECORDED FEBRUARY 7, 2005 AS INSTRUMENT NO. 18222500, OFFICIAL RECORDS.

APN: 381-36-029, as to Parcel One-A
381-36-030, as to Parcel One-B
381-36-012, as to Parcel Two
381-36-014, as to Parcel Three
381-36-021, as to Parcel Four
381-36-023, as to Parcel Six
381-36-028, as to Parcel Seven and a portion of Parcel One 381-36-026, as to Parcel Eight
381-36-018, as to Parcel Nine
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

San Jose City CouncilOctober 22, 2024

San Jose City Council
October 22, 2024