(1) Resolution — San Jose City Council, August 12, 2025

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Council Agenda: 08-12-2025
Item No.: 10.1(a)(1)
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 ADOPTING AN ADDENDUM TO THE BERRYESSA

ROAD MIXED -USE DEVELOPMENT PROJECT FINAL
ENVIRONMENTAL IMPACT REPORT (RESOLUTION NO.

RES2023-223) AND A RELATED MITIGATION

MONITORING AND REPORTING PROGRAM, ALL IN

ACCORDANCE WITH THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT, AS AMENDED

WHEREAS, the City of San José (“City”) acting as lead agency under the California Environmental Quality Act of 1970, together with state and local guidelines implementing said Act, all as amended to date (collectively “CEQA”), prepared, completed, and adopted the Final Environmental Impact Repo rt (“Final EIR”) for the Berryessa Road Mixed-Use Development Project , which analyzed the environmental impacts of a Planned Development Zoning (Planning File Nos. PDC18 -036, PD21 -009, PT21 -030), the demolition of existing buildings totaling approximately 11,000 square feet , and the development of up to 850 residential units, 480,000 square feet of commercial space, and a 0.9-acre park at the project site on a 13-acre site located at 1655 Berryessa Road; and

WHEREAS, on June 13, 2023, the City Council adopted Resolution No. RES2023 -223 approving the Berryessa Road Mixed-Use Development Project (Planning File Nos.

PDC18-036, PD21 -009, PT21 -030), certif ying the Berryessa Road Mixed -Use Development Project Final Environmental Impact Report, and adopting a mitigation monitoring and reporting program, all pursuant to the provisions of CEQA; and

WHEREAS, the proposed 1655 Berryessa Road Mixed-Use Project as modified (Modified Project) (File No s. PDC25-016, PD25 -008, ER25 -080, T25 -006) includes a Planned Development Rezoning to rezone the approximately 13 -acre project site from the R - M(PD) and CP(PD) Planned Development Zoning Districts to the UR(PD) and CP(PD) Planned Development Zoning Districts; a Vesting Tentative Map to merge three parcels NVF:AXY:JMD
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Item No.: 10.1(a)(1)
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into one and subdivide the one parcel into 31 parcels and up to 362 condominium units ; and a Planned Development Permit to allow the construction of a six -story multifamily residential building totaling 260 units, 100% of which are affordable, subject to the State Density Bonus Law, on an approximately 2.38-gross-acre portion of the Project Site; and

WHEREAS, as further described in the Addendum, the implementation of the Modified Project would not result in new significant effects on the environment beyond those already identified in the previously approved Final EIR, nor will the Modified Project result in an increase in the severity of significant effects identified in the Berryessa Road Mixed- Use Development Project Final EIR, and identified mitigation measures, as amended, would continue to reduce each of those significant effects to a less-than significant level; and

WHEREAS, the City Council has reviewed and considered the Addendum and intends to take action on the Modified Project in compliance with CEQA; and

WHEREAS, the Berryessa Road Mixed -Use Development Project Final EIR and the Addendum thereto for the Project are on file in the Office of the Director of Planning, Building and Code Enforcement located at 200 East Santa Clara Street, 3rd Floor Tower, San José California, 95113, and are available for inspection by any interested person at that location and on the Department of Planning, Building and Code Enforcement website, and are, by this reference, incorporated into this Resolution as if fully set for herein;

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

THAT THE CITY COUNCIL does hereby make the following findings: (1) it has independently reviewed and analyzed the Berryessa Road Mixed-Use Development Project Final EIR, as modified by the Addendum, as well as other information in the record and NVF:AXY:JMD
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Item No.: 10.1(a)(1)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
has considered the information contained therein, prior to acting upon or approving the Project, (2) the Addendum modifying the Berryessa Road Mixed-Use Development Project Final EIR prepared for the Project has been completed in compliance with CEQA and is consistent with state and local guidelines implementing CEQA, and (3) the Addendum modifying the Berryessa Road Mixed -Use Development Project Final EIR represents the independent judgment and analysis of the City of San Jos é, as lead agency for the Project. The City Council designates the Director of Planning , Building and Code Enforcement at the Director’s Office at 200 East Santa Clara Street, 3rd Floor Tower, San José, California, 95113, as the custodian of documents and records of proceedings on which this decision is based.

THAT THE CITY COUNCIL does hereby find that based upon the entire record of proceedings before it and all information received that there is no substantial evidence that the Project will have a significant effect on the environment and does hereby adopt the Addendum prepared fo r the Proj ect (Planning File No s. PDC25-016, PD25 -008, ER25-080, T25-006). The Mitigation Monitoring and Reporting Program for the Project is attached hereto as Exhibit “A” and is fully incorporated herein. The Berryessa Road Mixed-Use Development Project Final EIR and the Addendum are: (1) on file in the Office of the Director of Planning, Building and Code Enforcement, located at 200 East Santa Clara Street, 3 rd Floor Tower, San José, California, 95113, and on the Department of Planning, Building and Code Enforcement’s website, and (2) available for inspection by any interested person.

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Council Agenda: 08-12-2025
Item No.: 10.1(a)(1)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

ADOPTED this ______day of ___________, 2025, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

MATT MAHAN
Mayor
ATTEST:

TONI J. TABER, MMC
City Clerk

EXHIBIT "A"
(File Nos. PDC25-016, T25-006, PD25-008)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

San Jose City CouncilAugust 12, 2025

San Jose City Council
August 12, 2025