Memorandum — San Jose City Council, August 12, 2025

COUNCIL AGENDA:

FILE:
8/12/25
25-804
ITEM: 10.1(a)

CITY COUNCIL STAFF REPORT

File Nos. PDC25-016, T25-006, PD25-008 & ER25-080
Applicant Mark Pilarczyk (Swenson)
Location North side of Berryessa Road, approximately
1,100 feet westerly of Lundy Avenue (1655
Berryessa Road; APNs 241-03-023, 241-03-
024, 241-03-025)
Council District 4
General Plan Designation Mixed Use Neighborhood, Urban Residential, Open Space, Parklands and Habitat, and
Transit Employment Center
Existing Zoning R-M(PD) and CP(PD) Planned Development
(File No. PDC18-036)
Proposed Zoning UR(PD) and CP(PD) Planned Development
Acreage 13.05 gross acres
Historic Resource N/A
Demolition N/A
Tree Removals N/A
Existing Land Use Light industrial facility
Proposed Land Use Six-story multifamily residential building totaling 260 units, 100% of which are
affordable; and up to 362 condominium units
Annexation Date February 1, 1971 (Berryessa No_9) &
December 17, 1979 (Berryessa No_41)
Project Planner Cameron Gee
CEQA Addendum to the Berryessa Mixed-Use
Development Project Final Environmental
Impact Report (Resolution No. RES2023-223)
CEQA Planner Tina Garg

APPLICATION SUMMARY

Planned Development Rezoning to rezone the approximately 13.05-gross-acre subject site from the R-M(PD) and CP(PD) Planned Development Zoning Districts to the UR(PD) and CP(PD) Planned Development Zoning Districts. Vesting Tentative Map to merge three parcels into one and subdivide into 31 parcels and up to 362 condominium units on an approximately 13.05-gross-acre site. Planned Development Permit to allow the construction of a six-story multifamily residential building totaling 260 units, 100% of which are affordable and subject to the State Density Bonus Law, on an approximately

2.38-gross-acre portion of the rezoning site.

___________________________________________________________________ __

HONORABLE MAYOR AND CITY COUNCIL
July 21, 2025
Subject: PDC25-016, T25-006, PD25-008 & ER25-080 – Planned Development Rezoning, Vesting Tentative Map, and Planned Development Permit for Certain Real Property Located at 1655 Berryessa Road

Page 2 ends

RECOMMENDATION:

Staff recommends that the City Council take all of the following actions regarding the approximately 13.05-gross-acre project site on the north side of Berryessa Road, approximately 1,100 feet westerly of Lundy Avenue (1655 Berryessa Road). Adopt a resolution approving an Addendum to the Berryessa Mixed-Use Development Project Final Environmental Impact Report (Resolution No. RES2023-223), in accordance with the California Environmental Quality Act.

1. Approve an ordinance rezoning the 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.

2. Adopt a resolution approving, subject to conditions, a Vesting Tentative Map to
merge three parcels into one and subdivide into 31 parcels and up to 362 condominium units on the Project Site.

3. Adopt a resolution approving, subject to conditions, 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.

PROJECT DATA

GENERAL PLAN CONSISTENCY
General Plan Designation Urban Residential
Consistent Inconsistent
Consistent Policies IP-1.1, IP-1.7, IP-1.8, IP-8.2, LU-2.1, LU-10.2

SURROUNDING USES
General Plan Land
Use
Zoning Existing Use
North Residential
Neighborhood
A(PD) Planned
Development (File
No. PDC85-061)
Single-family residential
South Open Space,
Parklands, and Habitat
CP(PD) Planned
Development (File
No. PDC17-051)
Open space and Berryessa
Flea Market
East Residential
Neighborhood
A(PD) Planned
Development (File
No. PDC86-059)
Single-family residential
West Mixed-Use
Neighborhood and
Urban Village
A(PD) Planned
Development (File
No. PDC16-001)
Single-family and multifamily
residential

Page 3 ends

RELATED APPROVALS
Date Action
5/4/2007 File No. C07-014. Conventional Rezoning from the A Agricultural Zoning District to the LI Light Industrial Zoning District to permit the operation of a truck parking and maintenance facility.
6/13/2023 File Nos. PDC18-036, PT21-030 & PD21-009. Planned Development Rezoning from the LI Light Industrial and A Agricultural Zoning Districts to the R-M(PD) and CP(PD) Planned Development Zoning Districts. Vesting Tentative Map to merge three parcels into one and subdivide up to thirty- two lots and up to 590 condominium units. Planned Development Permit to establish a Master Plan for a general site layout, public and private street layout, grading and drainage patterns, and utility layout to allow the future construction of up to 455,000-square feet of commercial space, an approximately 0.92-gross-acre park, and up to 850 residential units, including up to 120 affordable units, and construction of the first phase (Blocks A, B, and C, including 24 detached single family homes and 24 attached townhome units), including the demolition of an existing light industrial facility (9,740 square feet) and surface parking lot, and the removal of 47 ordinance-size trees and 56 non-ordinance trees.

PROJECT SETTING AND BACKGROUND

As shown on the Aerial Map below (Figure 1), the subject site consists of three parcels totaling approximately 13.05 gross acres, located on the north side of Berryessa Road, approximately 1,100 feet westerly of Lundy Avenue (1655 Berryessa Road; APNs 241- 03-023, 241-03-024, 241-03-025). The site is currently occupied by an existing light industrial facility and surface parking lot. Existing access to the site is from one ingress/egress driveway from Berryessa Road. The site is surrounded by single-family and multifamily residential uses to the north, west, and east across the BART tracks, and the Berryessa Flea Market to the south across Berryessa Road.

On June 13, 2023, the City Council adopted a Planned Development Rezoning (File No.

PDC18-036), Vesting Tentative Map (File No. PT21-030), and Planned Development Permit (File No. PD21-009) for the subject site as described in the Related Approvals table above. In addition to rezoning the site, the project established a general site layout, including public and private streets, the construction of 24 detached single-family homes and 24 attached townhome units, the demolition of the existing light industrial facility and surface parking lot on site, and the removal of 47 ordinance-size and 56 non-ordinance-size trees. The 24 detached single-family homes and 24 attached townhome units would be located along the northwestern and southwestern boundaries of the site. Prior to the submittal of this application, the Applicant was notified by the California State Water Resources Control Board that a protected wetland exists on the property, which rendered the previously approved Vesting Tentative Map unfeasible.

Page 4 ends

Figure 1 – Aerial Map

PROJECT DESCRIPTION

On April 29, 2025, the applicant, Mark Pilarczyk (Swenson), representing the property owner, Robert Facchino (Terracommercial Real Estate Corp), submitted the following applications to be reviewed concurrently:
• Planned Development Rezoning (Exhibit A) to rezone the approximately 13.05- gross-acre subject site from the R-M(PD) and CP(PD) Planned Development Zoning Districts to the UR(PD) and CP(PD) Planned Development Zoning Districts.
• Vesting Tentative Map (Exhibit B) to merge three parcels into one and subdivide into 31 parcels and up to 362 condominium units on an approximately 13.05- gross-acre site.
• Planned Development Permit (Exhibit C) 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 rezoning site.

The Planned Development Rezoning would rezone the entire portion of the site zoned R-M(PD) Planned Development to UR(PD) Planned Development. The portion of the site zoned CP(PD) Planned Development would remain the same, as discussed in the Zoning Code Conformance section.

Page 5 ends

The Vesting Tentative Map would allow modifications to the previously approved Vesting Tentative Map (File No. PT21-030), including revising the street network to eliminate a portion of Mercado Way between Bernard Drive and Perlo Drive, expansion of the open space parcel, and elimination of the lot line shared between previously approved Lots 20 and 21. The new Vesting Tentative Map is necessary due to the presence of the protected wetland located in the center of the site. To accommodate future development, the wetland will be relocated to an approximately 1.2-gross-acre portion of the site on the proposed Lot 28. The modified site layout is shown below (Figure 2).

Figure 2 – Vesting Tentative Map

The new multifamily building would contain 85 one-bedroom units, 110 two-bedroom units, and 65 three-bedroom units. The ground level consists of structured parking, bicycle parking, lobby space, a fitness room, a multipurpose room, and a computer room. The second level consists of two courtyards and residential units. Levels three through six consist of residential units.

The new multifamily building will reserve approximately 10% of the total units for very- low-income, 51% for low-income, and 39% for moderate-income households. The project includes waivers for residential unit orientation, stepbacks, and streetwall articulation, and concessions for massing variation, façade design, and private open space, subject to the State Density Bonus Law.

ANALYSIS

The project was analyzed for conformance with the following:

1. Envision San José 2040 General Plan and Berryessa BART Urban Village Plan

Page 6 ends

2. Zoning Code

3. Subdivision Ordinance

4. Citywide Design Standards and Guidelines

5. State Density Bonus Law

6. Permit Findings

7. California Environmental Quality Act (CEQA)

8. Public Outreach

Envision San José 2040 General Plan and Berryessa BART Urban Village Plan Conformance
General Plan and Berryessa BART Urban Village Plan Land Use Designation As shown on the General Plan Land Use Map below (Figure 3), the subject site has an Envision San José 2040 General Plan and Berryessa BART Urban Village Plan land use designations of Mixed-Use Neighborhood, Transit Employment Center, Urban Residential, and Open Space, Parklands and Habitat.

The Berryessa BART Urban Village Plan is a Regional Transit Urban Village. The following is a summary and analysis of the requirements for each designation:

Mixed-Use Neighborhood
For new development, the Mixed-Use Neighborhood designation is applied to specific areas in the Facchino district only. The goal of the Plan is to concentrate planned growth in District areas, which results in mid- and high-density residential development in most Districts. In the Facchino District, the limited residential uses under the Mixed-Use Neighborhood designation will serve as a transitional buffer between the mid-density residential in the District and the adjacent single-family residential neighborhoods. This transitional buffer will minimize the height impacts of tall residential buildings on adjacent homes. The Mixed-Use Neighborhood designation has an allowable residential density of up to 30 DU/AC.

Analysis: This approximately 2.06-gross-acre area comprises Lots 1-19 and Lots 22-27. A total of 24 single-family residences and 24 townhomes have been approved under File No. PD21-009. This area will have a density of approximately 23.3 DU/AC and is consistent with the land use designation, which allows up to 30 DU/AC.

Transit Employment Center
Within this Urban Village plan, the Transit Employment Center designation is applied to areas within walking distance of the Berryessa/North San José BART Station, which are envisioned for intensive job creation. Uses allowed in this designation include retail and service commercial uses on the first two floors, office, research and development (R&D), as well as other supportive commercial uses such as personal services. In particular, this Village Plan envisions types of businesses with high employee densities that would place a premium on being adjacent to the BART Station and would support BART ridership.

Flex office space with large floor plate formats that are highly adaptable to current or future decentralized employment needs is highly desirable. Overall, the focus on the

Page 7 ends

Transit Employment designation in the Berryessa BART Urban Village is high-density employment growth, typically associated with office uses. Therefore, office/R&D uses are the only industrial uses that are allowed in this Urban Village.

The Transit Employment Center designation generally supports the desired urban form and development intensities of each District that has this designation. The range of commercial FAR for the Facchino District is 3.0 to 5.0 FAR, supporting between 288,000 and 480,000 square feet of space approximately. Minimum commercial FARs are envisioned to be implemented on a building basis, excluding parking (both surface and parking garage), roads, and public right-of-way. Additional flexibility in maximum FARs is allowed, provided that future development shape the desired urban form in each District, focusing on the development of towers on key locations.

Analysis: This area is comprised of Lot 21 along the Berryessa Road frontage of the project site. Pursuant to the Berryessa BART Urban Village Plan, a minimum 3.0 FAR of job-generating commercial use was implemented as a requirement to create jobs at the site, which is likely to generate a greater number of jobs than the previous light industrial use at existing site. Under File No. PDC18-036, this area is proposed with approximately 280,000 to 455,000 square feet of commercial medical office use over 2.09-gross-acres.

This would result in approximately 3.0 to 4.0 FAR.

This is consistent with the land use designation. A future Planned Development Permit would be required to develop Lot 21, consistent with the General Development Plan of this project’s Planned Development Zoning, File No. PDC25-016.

Urban Residential
The Urban Residential designation allows for scaling-down building heights towards low- density residential neighborhoods. The Urban Residential designation is most appropriate for the residential character of the Facchino District. This land use designation will enable a transition between medium-density residential and the adjacent single-family homes to the north and west. Urban Residential will also allow compatibility with the commercial development fronting Berryessa Road and the new high-density residential on the district’s western boundary.

Urban Residential is envisioned in this Village Plan to support mid-rise multifamily residential uses preferably, including mixed-use residential with ground-floor neighborhood-serving commercial uses or other community amenities. However, the General Plan generally allows commercial uses under Urban Residential, so this Village Plan would also allow 100% commercial projects that support transit ridership, such as coworking space, cultural activities, or community services to nearby residents. The Urban Residential land use designation in the Berryessa BART Urban Village supports a residential density that ranges from 75 to 250 DU/AC in the Facchino District. For context, the minimum density of 75 DU/AC supports the development of approximately 320 units and the maximum density of 250 DU/AC supports the development of approximately 1,062 units, using the area designated as Urban Residential in the land use plan. For condos and for-sale residential the Plan allows a density range of 95-100 DUs considering the larger size of those units.

Analysis: This area is comprised of Lots 20, 28, and 29 of the project site. Up to 260 residential units and 338 condominium units are included in this area. This calculates to

Page 8 ends

approximately 101.5 DU/acre and is consistent with the requirements of the land use designation. These lots provide a transition from the adjacent single-family homes and townhome units to the north and west into higher-density multifamily units and provides a transition into the high-intensity commercial use fronting Berryessa Road to the south. A multifamily building containing 260 residential units is included under File No. PD25-008.

Future Planned Development Permits will be required to develop the rest of the site to be consistent with the General Development Plan of the Planned Development Zoning, File No. PDC25-016.

Open Space, Parkland and Habitat
Properties with an Open Space, Parkland, and Habitat land use designation can be publicly or privately-owned and are typically devoted to open space, parks, recreation areas, trails, habitat buffers, nature preserves, and other permanent open space areas.

New development on lands within this designation is prohibited. The exceptions are improvements such as trails or multi-use paths that support the function of such areas or compatible placemaking commercial uses such as kiosks and commercial vendors that activate the open space subject to other applicable laws and policies for such uses of these areas. Such placemaking uses should not include the development of permanent structures and should be readily removable. Overall, allowed uses under this designation must minimize potential environmental and visual impacts.

Analysis: The portion of the site designated as Open Space, Parkland and Habitat will be developed with an approximately 1.2-gross-acre passive open space area, which will include a mitigation wetland for the removal of the existing wetland on site. This is consistent with the land use designation.

Page 9 ends

Figure 3 – General Plan Land Use Map
Planned Development Rezoning General Plan Policy Conformance The Planned Development Rezoning is consistent with the following goals and policies of the Envision San José 2040 General Plan:

1. Implementation Policy IP-1.1 Land Use/Transportation Diagram: Use the Envision General Plan Land Use/Transportation Diagram designations to indicate the general intended land use, providing flexibility to allow for a mix of land uses, intensities, and development forms compatible with a wide variety of neighborhood contexts and to designate the intended roadway network to be developed over the timeframe of the Envision General Plan. Use the Zoning designation to indicate the appropriate type, form, and height of development for particular properties.

2. I
mplementation Policy IP -1.7 Land Use/Transportation Diagram: Ensure that proposals to rezone and pre-zone properties conform to the Land Use/Transportation Diagram, and advance Envision General Plan vision, goals, and policies.

3. I mplementation Policy IP -1.8 Land Use/Transportation Diagram: Use standard Zoning Districts to promote consistent development patterns when implementing new land use entitlements. Limit use of the Planned Development Zoning process to unique types of development or land uses which cannot be implemented through standard Zoning Districts, or to sites with unusual physical characteristics that require special consideration due to those constraints.

4. I
mplementation Policy IP -8.2 - Zoning: Use the City’s conventional zoning districts, contained in its Zoning Ordinance, to implement the Envision General Plan Land Use/ Transportation Diagram. These districts include a range of allowed land uses, development intensities, and standards within major land use categories (residential, commercial, and industrial) together with zoning districts for other land uses such as mixed-use and open space. The various ranges of allowed use and development intensity correspond generally to the respective Envision General Plan land use designations, while providing greater detail as to the appropriate land uses and form of development.

Analysis: The project consists of a Planned Development Rezoning of the property from the R-M(PD) and CP(PD) Planned Development Zoning Districts to the UR(PD) and CP(PD) Planned Development Zoning Districts. As described in the Project Description section, the portion of the site zoned CP(PD) Planned Development will remain, and the portion of the site zoned R-M(PD) Planned Development will be rezoned to UR(PD) Planned Development. UR Urban Residential, the base zoning district for that portion of the site, is a standard Zoning District in conformance with the General Plan Land Use Designation of Urban Residential pursuant to Section

20.120.110 of the Zoning Code. The rezoning would also allow for consistent development patterns with other surrounding sites that have an Urban Residential land use designation. The allowed uses and development standards for the UR Urban Residential Zoning District generally correspond to the Urban Residential land use designation and would implement the goals and policies of the Envision San José 2040 General Plan. The new multifamily building conforms with the use regulations of

Page 10 ends

the UR(PD) Planned Development Zoning District, as analyzed in the Zoning Code Conformance section below.

Planned Development Permit General Plan and Berryessa BART Urban Village Plan Policy Conformance
The Planned Development Permit is consistent with the following goals and policies of the Envision San José 2040 General Plan and Berryessa BART Urban Village Plan:

1. Land Use Policy LU-2.1: Provide significant job and housing growth capacity within strategically identified “Growth Areas” in order to maximize use of existing or planned infrastructure (including fixed transit facilities), minimize the environmental impacts of new development, provide for more efficient delivery of City services, and foster the development of more vibrant, walkable urban settings.

Analysis: The project would provide an increase in the housing growth capacity within the Berryessa BART Urban Village growth area. The subject site is less than one-half mile from the existing Berryessa / North San José BART station, which would encourage the use of existing transit infrastructure by residents. Reduction of motor vehicle travel in favor of transit infrastructure use would also align with General Plan Policy LU-10.3. Therefore, the project is consistent with this policy.

2. Efficient Use of Residential and Mixed-Use Lands Policy LU-10.2: Distribute higher residential densities throughout our city in identified growth areas and facilitate the development of residences in mixed-use development within these growth areas.

Analysis: The subject site’s location within the Berryessa BART Urban Village boundary promotes a higher density of residential development. Therefore, the project is consistent with this policy.

3. Vibrant Urban Village Policy LU-1.1: Prioritize the development of residential projects in land use designations that support the residential capacities of each District. While other land uses are not strictly prohibited under the residential land use designations, the goal is to foster the development of residential development in specific areas of each District.

Analysis: At the maximum allowed residential density of 250 DU/AC, the Facchino District would support the development of approximately 1,062 residential units. The new multifamily building would consist of up to 260 units, supporting the aforementioned residential capacity of the Facchino District. Therefore, the project is consistent with this policy.

4. Vibrant Urban Village Policy LU-3.2: Require ground-floor active uses in the Urban Residential land use designation in the Facchino District.

Analysis: The ground floor of the multifamily building includes a lobby, fitness room, multipurpose room, and computer room facing the street. In addition, the project includes a landscaped area near the building entrance, helping activate the street.

Therefore, the project is consistent with this policy.

Berryessa BART Urban Design Standards
The Planned Development Permit is consistent with the following standards within the Berryessa BART Urban Village Plan
:

Page 11 ends

1. D-DS-4: Buildings facing the BART track shall have minimum 50 feet set back measured from the edge of the BART rails or metal trackway to the building elevation.

Analysis: The multifamily building is further than 50 feet from the BART rails, consistent with this standard.

2. E-DS-3: Design multifamily blocks so there is a streetwall or podium level in at least 70% of the block perimeter. The height of the podium or building base shall not be less than 40 feet. The height of the massing base or podium shall be 30-40% of the total block frontage height when a “tower” is provided. The portion of the tower facing the street shall step-back 10-20 feet when the podium height is reached.

Analysis: The multifamily building provides a streetwall for at least 70% of the block perimeter. The streetwall would be approximately 70 feet high, consistent with the standard.

3. F-DS-1: Design the primary pedestrian building access directly to a public sidewalk, public open space, or paseo—uninterrupted by a parking area or vehicular circulation. Do not create a main pedestrian entrance from an internal private courtyard. Use the location of active frontage on each district as a main strategy to orient pedestrian access to buildings.

Analysis: The primary pedestrian entrance to the building has direct access to a public sidewalk, uninterrupted by a parking area or vehicular circulation. Therefore, the project is consistent with this standard.

4. F-DS-10: The bicycle access in a building must be easily accessible from a public sidewalk, public open space, or paseo—uninterrupted by a parking area or vehicular circulation.

Analysis: There is direct pedestrian access between the bike room and the lobby.

Bicyclists would not have to cross vehicular parking or drive aisles. Therefore, the project is consistent with this standard.

5. F-DS-12: Bicycle storage facilities inside of a building must be provided at the pedestrian level. Bicycle storage is not allowed in underground or basement levels.

Analysis: Bicycle parking is provided at the pedestrian level and meets this standard.

6. F-DS-21: For multifamily residential projects, locate parking and vehicle entries at least 20 feet away from primary pedestrian entries.

Analysis: The distance between the parking garage entrance and lobby entrance is approximately 77 feet, consistent with the standard.

7. F-DS-26: Parking for multifamily residential shall be fully enclosed by the residential development (“parking wrap” approach) or, alternatively, on a podium not exceeding the first three floors, fully screened. For buildings that exceed 110 feet in height, a maximum of five levels of parking from ground level is allowed, provided they are fully screened.

Analysis: The parking garage is located entirely on the first floor, meeting this standard.

Page 12 ends

Zoning Code Conformance
As shown on the Existing Zoning and Proposed Zoning Map below (Figures 4 and 5), the project includes a rezoning from the R-M(PD) and CP(PD) Planned Development Zoning Districts to the UR(PD) and CP(PD) Planned Development Zoning Districts. The portion of the site zoned CP(PD) Planned Development will remain, and the portion of the site zoned R-M(PD) Planned Development will be rezoned to UR(PD) Planned Development. The Planned Development Rezoning includes the establishment of a General Development Plan (Exhibit D) and site-specific Development Standards that would be applied to the development of the site.

Page 13 ends

Figure 4 – Existing Zoning Map

Figure 5 – Proposed Zoning Map

Page 14 ends

Use Regulations
Pursuant to the General Development Plan, permitted, special, and conditional uses of the UR Urban Residential Zoning District, as amended, are allowed with the issuance of a Planned Development Permit.

Analysis: “Multiple dwelling” is a permitted use within the UR Urban Residential Zoning District, pursuant to Table 20-50 in Section 20.30.100. Therefore, a Planned Development Permit is the appropriate permit to allow the construction of the multifamily building.

Development Standards

The table below includes the applicable development standards of the General Development Plan.

Development Standard Requirement Provided
Density (within the Urban
Residential District)
Minimum 75 DU/AC and
maximum 250 DU/AC
Approximately 110.63
DU/AC
Setbacks Maximum side setback for
a corner lot: 14 feet
Between approximately 7
and 10 feet
Building Height Consistent with the height
limits described in the
Berryessa BART Urban
Village Plan: 90 feet
(northwest portion) and
160 feet (southeast
portion)
78 feet
Analysis: The project is consistent with the density, setbacks, and building height requirements of the General Development Plan, as outlined above.

Vehicle Parking
Pursuant to the General Development Plan, vehicle parking shall be designed in accordance with Title 20 of the San José Municipal Code, as may be amended.

Analysis: As of April 10, 2023, the City of San José no longer has a minimum parking requirement. Instead, projects are required to prepare a Transportation Demand Management (TDM) Plan. While Section 20.90.900.B.5
states that projects providing
100% restricted affordable units are exempt from TDM requirements in the Zoning Code, the Berryessa BART Urban Village Plan has its own TDM requirements and takes precedence over the Zoning Code. Chapter 5 of the Berryessa BART Urban Village District Parking Study, beginning on page 16, outlines implementation of the Berryessa BART Urban Village Plan’s TDM requirements. All developments within the Berryessa BART Urban Village are required to implement a TDM plan which achieves 30 points. The first 10 of these points shall be met by the mandatory TDM measures in Figure 4, page 18, also shown below:

Page 15 ends

Citywide TDM Category Citywide TDM Measures BBUV Points Program-1 Transportation
Management Association
10 Program-2 Education, Marketing, and
Outreach
Program-3 Transit Pass Subsidy
Parking-1 Unbundled Parking
Parking-2 Price Parking
These mandatory TDM measures are explained in further detail beginning on page 30 of the Berryessa BART Urban Village District Parking Study. The remaining 20 points may be met using a combination of additional TDM measures outlined in Figure 5, page

22. Projects may be able to achieve these 20 points based on the amount of off-street parking provided. Pursuant to Figure 6 on page 24, the project’s off-street parking ratio of 0.65 spaces per dwelling unit (170 spaces / 260 dwelling units) achieves 20 points. A TDM Plan (Exhibit E) prepared by Hexagon Transportation Consultants, Inc. dated June 5, 2025, complies with the 30-point requirements discussed above.

Bicycle Parking
Pursuant to the General Development Plan, bicycle parking shall be provided as required per Title 20 of the San José Municipal Code, as may be amended.

Analysis: Pursuant to Table 20-190 in Section 20.90.060 , one bicycle parking space is
required for every four multifamily dwelling units. Therefore, 65 bicycle parking spaces are required. A total of 71 bicycle parking spaces (65 long-term and four short-term) are provided, meeting the requirement.

Motorcycle Parking
The General Development Plan is silent on motorcycle parking. Therefore, motorcycle parking shall be provided per the requirements of the Zoning Code. Pursuant to Section

20.90.350, two-w heeled motorized vehicle (motorcycle) parking shall be provided at a rate of 2.5 percent of standard vehicle parking provided.

Analysis: The project would provide 170 vehicle parking spaces. Therefore, five motorcycle parking spaces are required. The project includes five motorcycle parking spaces, meeting the requirement.

Subdivision Ordinance Consistency
The project is subject to design requirements in the Subdivision Ordinance, Title 19 of
the Municipal Zoning Code. The modifications to the previously approved Vesting Tentative Map (File No. PT21-030) are analyzed for consistency with the Subdivision Ordinance below:

1. Lot Area and Width (Section 19.36.170): Except as lot areas or widths are set forth in other provisions of Title 19 or 20 of this Code, each lot shall contain a minimum

Page 16 ends

area of not less than six thousand square feet each with an average width of not less than 55 feet.

Analysis: All lots meet the minimum area and width requirements. Therefore, the subdivision is consistent with the above standard.

2. Lot Access (Section 19.36.190): Except as otherwise provided in this Title 19, all lots shall have direct access to a public street.

Analysis: All lots have direct access to a public street. Therefore, the subdivision is consistent with the above standard.

3. Lot Depth (Section 19.36.220
): All lots fronting on a major street and all lots with approved double frontage shall have a minimum depth of 120 feet, except where the director finds that because of the design and/or improvements in such subdivision such lots having a lesser depth are satisfactory in such subdivisions.

Analysis: All lots have a minimum depth of at least 120 feet. Therefore, the subdivision is consistent with the above standard.

4. Maximum lot depth (Section 19.36.230
): No lot shall have a greater depth than two
and one-half times its average width, except when the director, in the exercise of reasonable judgment, shall determine that a greater depth is advisable in view of the size, shape, use or physical or other condition of the property proposed to be subdivided.

Analysis: Lot 20 would have an average width of approximately 102.5 feet and a length of approximately 663 feet, exceeding two and one-half times the width and inconsistent with this standard. This standard may be waived per Section 19.04.050,

which states that the Director may modify or waive any regulation contained in this Title 19 if it is found that:

A. A special individual reason makes it unreasonable or impracticable for the subdivider to observe the strict letter of the regulation; B. The modification or waiver does not violate the spirit and purpose of the Subdivision Map Act or of this Title 19
; and
C. The modification or waiver is reasonably necessary or expedient for the preservation and enjoyment of a substantial property right of the subdivider and will not be detrimental to the public welfare, provided, however, that whenever city council approval is required for any deviation from any regulation contained in this chapter the director may not modify or waive such regulation without prior approval of the city council.

As the project is allowed to develop up to the maximum allowed density per the General Plan and Urban Village Plan land use designation, it is impracticable for the subdivider to observe the above requirements of Section 19.36.230 . Observing
these requirements would not allow for a multifamily residential project at the density proposed. Therefore, the findings can be made that the requirements of Section

19.36.230 m ay be waived.

Page 17 ends

Citywide Design Standards and Guidelines
The project is subject to the Citywide Design Standards and Guidelines where the Berryessa BART Urban Village Plan is silent. The following standards are applicable to the project:
• 2.3.4 - Open Space Placement and Access
o Standard 2 – Where common open spaces are provided on a medium or large site, ensure that all buildings have physical access to at least one of them via walkways or pedestrian paths from inside of the buildings.

Analysis: The two courtyard spaces on the second floor would be accessible by via interior hallways, meeting the standard.
• 2.3.5 – Bicycle Parking Placement
o Standard 1 – Locate at least 40% of the required bicycle parking on the ground floor with direct physical access to an elevator or building exit.

Analysis: All of the required bicycle parking would be provided in a room on the ground floor with direct physical access to the lobby. The lobby has access to the building’s elevators and building exit. Therefore, the project is consistent with this standard.
• 2.3.7 – Site Lighting
o Standard 1 – Orient all site lighting directly downwards to prevent light pollution and excess glare in the public realm.

Analysis: The lighting fixtures specified are all downward-facing, meeting the standard.
• 3.2.1 – Pedestrian and Bicycle Entrances Design
o Standard 1 – Provide at least one building entrance along a public street or active pedestrian area for all buildings with multiple access points, all buildings with over 200 feet of frontage along streets and public open spaces, and all residential developments with over 50 units.

Analysis: The multifamily building has one entrance along each street-fronting façade, meeting the standard.
• 3.2.2 – Vehicular Entrances and Driveways
o Standard 1 – Driveways must be less than 25% of street frontage for sites that are more than 100 feet wide at the street and not more than 25 feet for sites that are less than 100 feet wide at the street.

Analysis: The site is more than 100 feet in length, requiring driveways to be less than 25% of the street frontage. One 22-foot-wide driveway is provided, meeting the standard.
• 3.3.2 – Roofs and Parapets
o Standard 3 – For buildings with five stories or greater:

Page 18 ends

 Provide flat roofs for at least 90% of roof area. Up to 10% may be a combination of other roof forms.

Analysis: The entire roof of the multifamily building would be flat, meeting the standard.
• 3.3.3 – Decks and Balconies
o Standard 5 – When balconies are provided in a project, at least 25% of residential units facing secondary streets and public open spaces must have balconies.

Analysis: All units facing the street above the second level would have balconies, meeting the standard.

State Density Bonus Law Consistency
The project includes 260 residential units. Three of the 260 units would be manager’s units. Of the remaining 257 units, 26 units (10%) are reserved for very-low-income households (between 30% and 50% AMI), 130 units (51%) are reserved for low-income households (between 50% and 80% AMI), and 101 units (39%) are reserved for moderate-income households (between 80% and 120% AMI), with income limits as defined in California Code Section 65915. The project is therefore eligible for three concessions and unlimited waivers under the provisions of Density Bonus Law. The project has requested three concessions and three waivers:

Concessions

1. Reduction in massing variation and elimination of a taller massing element at the corner of the building pursuant to Berryessa BART Urban Village Plan Design Standard E-DS-2.

Analysis: Adding massing variation along the building frontage and a taller massing element at the corner of the building would increase the project cost by approximately $200,000 to $500,000. Therefore, the concession is granted.

2. Reduction in articulation pursuant to Citywide Design Standards and Guidelines Section 3.3.1 Standard 1.

Analysis: Adding articulation elements such as material and plane changes would increase the project cost by approximately $375,000. Therefore, the concession is granted.

3. Reduction in private open space pursuant to Citywide Design Standards and Guidelines Appendix A.2.

Analysis: The project requires 15,600 square feet of private open space. A balcony costs approximately $13,000. One hundred sixty units would not have balconies, reducing the project cost by approximately $2,080,000. Therefore, the concession is granted.

Page 19 ends

Waivers

1. Allowance of residential units that do not face a public right-of-way, private street, or open space courtyard area pursuant to Berryessa BART Urban Village Plan Design Standard E-DS-1.

Analysis: Fifty residential units face the BART tracks and do not face a public right- of-way, private street, or open space courtyard. Compliance with this standard would result in the loss of 50 units. Therefore, the waiver is granted.

2. Elimination of a five-foot stepback in the upper floors above three stories, pursuant to Berryessa BART Urban Village Plan Design Standard 1A-DS-6.

Analysis: A five-foot stepback in floors four, five, and six would result in the loss of 18 units. Therefore, the waiver is granted.

3. Elimination of streetwall articulation for streetwalls greater than 20 feet in length, pursuant to Citywide Design Standards and Guidelines Section 3.1.2 Standard 3.

Analysis: Including a recession in the façade for streetwall articulation would result in the loss of at least 10 units. Therefore, the waiver is granted.

Permit Findings
Planned Development Permit Findings
Section 20.100.940 of the San José Municipal Code specifies the required findings for the approval of a Planned Development Permit.

1. The planned development permit, as issued, is consistent with and furthers the policies of the general plan; and
Analysis: As discussed in the Envision San José 2040 General Plan and Berryessa BART Urban Village Plan Conformance section above, the project is consistent with the land use designation of Urban Residential. The project includes the construction of a six-story multifamily residential building consistent with the Urban Residential land use designation’s maximum allowed density. In addition, the project is consistent with land use policies regarding higher density housing growth and design standards of the Berryessa BART Urban Village Plan.

2. The planned development permit, as issued, conforms in all respects to the planned development zoning of the property; and
Analysis: As discussed in the Zoning Code Conformance section above, the project is consistent with all permitted uses, development standards, and parking requirements of the UR(PD) Planned Development Zoning District’s General Development Plan.

3. The planned development permit, as approved, is consistent with applicable city council policies, or counterbalancing considerations justify the inconsistency; and Analysis: The project complies with Council Policy 6-30: Public Outreach Policy for Pending Land Use and Development Proposals. An on-site sign describing the project has been posted at the project site, visible to the public right-of-way. The sign was last inspected on May 29, 2025. Notices for public hearing were mailed to

Page 20 ends

property owners and tenants within a 1,000-foot radius of the project site. Staff has been available to answer questions from the public.

4. The interrelationship between the orientation, location, mass and scale of building volumes, and elevations of proposed buildings, structures and other uses on-site are appropriate, compatible and aesthetically harmonious; and Analysis: The new multifamily building would be located along the eastern property line of the subject site, adjacent to the BART tracks and single-family homes approved under File No. PD21-009. The Berryessa BART Urban Village Plan designates this location of the site for higher density residential development, creating a transition between single-family development and the Berryessa BART station.

5. The environmental impacts of the project, including, but not limited to noise, vibration, dust, drainage, erosion, storm water runoff, and odor which, even if insignificant for purposes of the California Environmental Quality Act (CEQA), will not have an unacceptable negative effect on adjacent property or properties.

Analysis: As detailed more fully in the CEQA Addendum and consistent with the analysis and impact conclusions of the previously certified Berryessa Mixed-Use Development Project Final EIR (2023 FEIR), the project does not include any outdoor uses or the installation of equipment that would exceed the zoning district’s maximum allowed noise levels. All construction activity and impacts, including but not limited to noise, vibration, dust, drainage, erosion, storm water runoff, and odor, will be temporary. Construction would be limited to between 7:00 a.m. and 7:00 p.m.

Monday through Friday, and the project applicant will comply with standard permit conditions, construction Best Management Practices, and regulatory agency requirements. The project is required to conform with the City’s Post-Construction Urban Runoff Management Policy (Policy 6-29) which requires implementation of Best Management Practices (BMPs) which includes site design measures, source controls and numerically sized Low Impact Development (LID) stormwater treatment measures to minimize stormwater pollutant discharge. The project also includes standard environmental permit conditions to reduce and mitigate impacts regarding air quality, dust and emissions control, water quality, and noise. Additionally, the project is required to adhere to the Mitigation Monitoring and Reporting Program (MMRP) prepared for the project. Therefore, the project would not result in significant impacts that would negatively affect adjacent properties.

Vesting Tentative Map Findings
In accordance with San José Municipal Code (SJMC) Sections 19.12.130 and

19.12.220 and California Government Code Section 66474, the Director of Planning of the City of San José, in consideration of the proposed subdivision shown on the Vesting Tentative Map with the imposed conditions, shall deny approval of a Vesting Tentative Map, if the Director makes any of the following findings:

1. That the proposed map is not consistent with applicable General and Specific Plans as specified in Section 65451.

Page 21 ends

2. That the design or improvement of the proposed subdivision is not consistent with applicable General and Specific Plans.

3. That the site is not physically suitable for the type of development.

4. That the site is not physically suitable for the proposed density of development.

5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

6. That the design of the subdivision or type of improvements is likely to cause serious public health problems.

7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.

Analysis: Based on review of the subdivision, a Vesting Tentative Map to merge three parcels into one and subdivide up to thirty-one parcels and up to 362 condominium units on the approximately 13.05-gross acre site, the Director of Planning, Building, and Code Enforcement of the City of San José does not make any such findings to deny the subject subdivision. The project is consistent with the General Plan and Urban Village Plan goals, policies, and land use designation, as analyzed in the Envision San José 2040 General Plan and Berryessa BART Urban Village Plan Conformance above. The Urban Village land use designation allows for higher-intensity projects. The project site is physically suitable for the project and proposed intensity in that residential development is allowed up to 250 du/ac. Furthermore, the project site does not contain historic resources or sensitive habitats or wildlife that will be substantially injured. Additionally, the site is not located within a designated Federal Emergency Management Agency (FEMA) 100-year flood plain. The project site, as well as the surrounding area, are currently developed with industrial structures and a surface parking lot. The proposed subdivision and subsequent improvements are not likely to cause serious public health problems. The design of the subdivision does not conflict with any easements.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)

The City of San José has prepared an Addendum to the 2023 FEIR (Resolution No.

RES2023-223) for the subject Planned Development Rezoning, Vesting Tentative Map, and Planned Development Permit (File Nos. PDC25-016, T25-006 & T25-006) in compliance with the California Environmental Quality Act (CEQA).

As analyzed in the Addendum, the modifications to the previously approved project would continue to be consistent with the 2023 FEIR analysis for aesthetic, agricultural and forestry, biological, cultural, energy, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, mineral, population and housing, public services, recreation, utilities and service systems, tribal cultural, and wildfire resources. The supplemental analyses for transportation (Appendix A), air quality (Appendix B), and noise and vibration (Appendix

Page 22 ends

C) confirmed that the project modifications do not result in any new impacts than what were disclosed in the 2023 FEIR. In addition, no new information of substantial importance has become available that would change the conclusions of the 2023 FEIR and all previously identified mitigation measures would remain applicable. Therefore, in accordance with CEQA Guidelines Section 15164, preparation of this Addendum to the certified 2023 FEIR is appropriate and sufficient to evaluate and document the proposed project modifications.

PUBLIC OUTREACH

Staff followed Council Policy 6-30: Public Outreach Policy in order to inform the public of
the proposed project. On-site signs have been posted on the project frontages and were last inspected on May 29, 2025. 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’s website. The staff report is also posted on the City’s website. Staff has also been available to respond to questions from the public. No comments were received as of the date of preparation of this report.

/s/
CHRISTOPHER BURTON, Director
Planning, Building and Code Enforcement

For questions, please contact John Tu, Division Manager, Planning, Building and Code Enforcement, at [email protected]
.

Attachments:

Exhibit A - Planned Development Zoning PDC25-016 Plan Set Exhibit B - Vesting Tentative Map T25-006 Plan Set
Exhibit C - Planned Development Permit PD25-008 Plan Set Exhibit D - Planned Development Zoning PDC25-016 Draft General Development Plan Exhibit E - Transportation Demand Management Plan

San Jose City CouncilAugust 12, 2025

San Jose City Council
August 12, 2025