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RESOLUTION NO. ______
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
JOSE APPROVING, SUBJECT TO CONDITIONS, A
VESTING TENTATIVE MAP TO COMBINE SIX EXISTING
PARCELS INTO ONE APPROXIMATELY 1.17 -GROSS-
ACRE PARCEL SITUATED BETWEEN NORTH FOURTH
AND FIFTH STREETS, APPROXIMATELY 220 FEET
NORTHERLY OF JACKSON STREET (639 -645 NORTH
FIFTH STREET & 620 -642 NORTH FOURTH STREET)
(APNS 249-41-075, -009, -022 THROUGH -025)
FILE NO. T23-016
WHEREAS, pursuant to the provisions of Chapter 19.12 of Title 19 of the San José Municipal Code, on August 17, 2023 , Steven Onishi of San José Buddhist Church Betsuin, the owner of the site, filed a Vesting Tentative Map application (File No. T23- 016) with the City of San José to combine six existing parcels into one parcel , together with a concurrent Planned Development Zoning and Planned Development Permit application for the development of a new church education building on an approximately
1.17-gross-acre site; and
WHEREAS, a legal description of the subject property is attached as Exhibit "A" and depicted in the parcel map attached as Exhibit “B,” which are incorporated by reference; and
WHEREAS, at a duly noticed public hearing on July 9, 2025, the Planning Commission considered public comments and all evidence and testimony received at the public hearing regarding the project and recommended that the City Council approve the project; and
WHEREAS, this City Council received and considered the reports and recommendations of the City’s Planning Commission and City’s Director of Planning, Building, and Code NVF:DHZ:JMD
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Enforcement and conducted a duly noticed public hearing on the project, giving all persons full opportunity to be heard and to present evidence and testimony; and
WHEREAS, at said hearing, this City Council received in evidence a plan for the subject property entitled, “ LOTUS PRESCHOOL AND CR REPLACEMENT ” dated and last revised November 5, 2024 , said plan is on file in the Department of Planning, Building and Code Enforcement and is available for inspection; said plan is incorporated by reference; and
WHEREAS, this City Council has heard and considered the testimony presented 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:
The foregoing recitals are hereby incorporated by reference as if fully set forth herein, and after considering evidence presented at the public hearing the City Council finds that the following are the relevant facts and findings regarding this project:
1. Site Description and Surrounding Uses. The subject property is located in an eligible historic district (the Japantown National Register and City Landmark Districts) between North Fourth and Fifth Streets, approximately 220 feet northerly of Jackson Street (639- 645 North Fifth Street & 620-642 North Fourth Street). The approximately 1.17-gross acre site currently has six lots and is developed with a church education building (constructed in 1950), four single -family houses (constructed in the 1900s), and on e accessory building. Access to each existing lot is from driveways off of Fourth or Fifth Street, depending on the frontage of the lot. Surrounding land uses include single-family and multifamily residences to the north, south, and west (across Fourth Str eet). The main building of the San José Buddhist Church Betsuin is to the east across Fifth Street.
2. Project Description. The Project consists of a Vesting Tentative Map to allow the merger of six lots into one lot of approximately 1.07 gross acres located between North Fourth and Fifth Streets, approximately 220 feet northerly of Jackson Street (639-645 North Fifth Street & 620-642 North Fourth Street).
In conjunction with the Vesting Tentative Map , the project also includes a Planned Development Rezoning, File No. PDC23-104, and a Planned Development Permit , NVF:DHZ:JMD
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File No. PD23-016. The Planned Development Rezoning rezone s the site from the PQP Public/Quasi-Public Zoning District and R -M Multiple Residence District to the PQP(PD) Planned Development Zoning District, and the Planned Development Permit allows construction of one new two -story, approximately 10,720 -square-foot church education building containing alternating uses of a religious school, preschool, language school, and a privately-operated community center, including outdoor uses approximately 50 feet fro m a residentially -zoned property, and an approximately 1,950-square-foot auxiliary building through the demolition of an approximately 3,563- square-foot church education building and four single -family homes and one accessory building, the removal of six trees (two ordinance -size and four non - ordinance-size). The site, including the parking lot, will also be utilized for community events, including the annual Obon Festival.
3. Envision San José 2040 General Plan Consistency . This project site has both a Public/Quasi-Public and Residential Neighborhood land use designation in the Envision San José 2040 General Plan Land Use/Transportation Diagram.
The Public/Quasi-Public designation is used to designate public land uses, including schools, colleges, corporation yards, homeless shelters, permanent supportive housing, libraries, fire stations, water treatment facilities, convention centers and auditoriums, museums, governmental offices and airports. This category is also used to designate lands used by some private entities, including private schools, daycare centers, hospitals, public utilities, and the facilities of any organization involved in the provision of public services such as gas, water, electricity, and telecommunications facilities that are consistent in character with established public land uses. Private community gathering facilities, including those used for religious assembly or other comparable assembly activity, are also appropriate on lands with this designation. The appropriate intensity of development can vary considerably depending on potential impacts on surrounding uses and the particular Public/Quasi-Public use developed on the site. There is no minimum or maximum Floor Area Ratio (FAR) in this designation.
The Residential Neighborhood designation is applied broadly throughout the City to encompass most of the established, single-family residential neighborhoods, including both the suburban and traditional residential neighborhood areas which comprise the majority of its developed land. The intent of this designation is to preserve the existing character of these neighborhoods and to strictly limit new development to infill projects which closely conform to the prevailing existing neighborhood character as defined by density, lot size and shape, massing and neighborhood form and pattern. Private Community Gathering Facilities compatible with the surrounding residential neighborhood are also supported under this land use designation. The designation allows a den sity of 8 dwelling units per acre (du/ac), up to 16 du/ac in some cases, and a maximum FAR of 0.7.
Analysis: A private community gathering facility, such as a church, is allowed in both the Public/Quasi-Public and Residential Neighborhood designations. All construction NVF:DHZ:JMD
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is located entirely on the Public/Quasi -Public portion, and is a church education building, which features a preschool (daycare center), a language school, and a privately-operated community center. Each of these uses is consistent with the Public/Quasi-Public designation and can be located on the portion of the site with a PQP-based zone pursuant to General Plan Policy IP -1.4, as allowed by the Planned Development Zoning.
4. Zoning Ordinance Consistency. The Project includes a rezoning from the PQP Public/Quasi-Public and R -M Multiple Residence zoning districts to the PQP(PD) Planned Development Zoning District.
Development Regulations
The table compares the existing PQP or R -M Standards per Sections 20.40.200 or
20.30.200, respectively, of the Zoning Code, and the proposed PQP(PD) Planned Development Zoning District development standards for those standards relevant to this Vesting Tentative Map. Per Section 20.60.040.B of the Zoning Code, when a PD permit has been implemented, the provisions of the permit prevail over the regulations of the base district zoning of the property.
Standard Existing Zoning
District
Requirements
PQP(PD) Planned
Development Zoning
District Development
Standards
Project Compliance
with PD Standards
Minimum Lot
Area
R-M and PQP:
min. 6,000 square
feet
6,000 square feet min. 1.17 acres
Analysis: As shown on the plan set for this Vesting Tentative Map , the project conforms with all relevant required standards pursuant to the proposed General Development Plan of the Planned Development Zoning District.
5. Subdivision Ordinance Consistency. Vesting Tentative Maps must be consistent with Title 19 – Subdivisions of the San José Municipal Code. The information required by Section 19.12.030 is provided on the Vesting Tentative Map and consistent with the stated requirements. The project is analyzed for consistency with key design requirements of the Subdivision Ordinance below:
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 area of not less than six thousand square feet each with an average width of not less than 55 feet.
Analysis: The tentative map combines the site into a single parcel, which is over 6,000 square feet and has a width over 55 feet.
Section 19.36.190 – Except as otherwise provided in this Title 19, all lots shall have direct access to a public street.
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Section 19.36.200 – Each lot shall have frontage of not less than 55 feet on a street.
Analysis: This lot has direct access to a public street and has a frontage of more than 55 feet.
Section 19.36.210 – No lots shall be designed with frontage on two streets except: (A.) Lots at street intersections; (B.) Lots in hillside areas where topographical conditions admit of no other form of platting; or (C.) Lots abutting expressways and major streets with four moving lanes of traffic if the director shall, in the exercise of reasonable judgment, determine such double frontage is advisable in view of the size, shape, use or physical or other condition of the property proposed to be subdivided.
Analysis: The through lot is designed with frontage on two streets (Fourth and Fifth Streets) and does not meet any of the three stated exceptions. Therefore, the following findings under Section 19.04.050 are made in order to be able to waive Section
19.36.210 and allow double frontage:
A. A special individual reason makes it unreasonable or impracticable for the subdivider to observe the strict letter of the regulation; Analysis: The General Plan designations, the wavy line policy (General Plan Policy IP-1.4) and the Planned Development Zoning, and the resulting layout of the site place the education building and the auxiliary workshop building, which must be on the same parcel, along the southern edge of the site, generally stretching across the entire width of the site from Fourth to Fifth Street. Therefore, double frontage is required, since there is not enough space on either frontage to legally allow a second lot.
B. The modification or waiver does not violate the spirit and purpose of the Subdivision Map Act or of this Title 19; and
Analysis: The waiver does not violate the spirit and purpose of the Subdivision Map Act or of this Title 19 in that the lot will only have access along Fifth Street.
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.
Analysis: The waiver is reasonably necessary in order to allow the subdivider’s preferred layout of their property, and will not be detrimental to the public welfare in that the design and use of the property would be required to follow all other applicable laws and standards, including improvement of both project frontages, regardless of if the subdivision is designed to have double frontage.
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 NVF:DHZ:JMD
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because of the design and/or improvements in such subdivision such lots having a lesser depth are satisfactory in such subdivisions.
Analysis: The lot has double frontage and has a depth over 120 feet.
Section 19.36.230 – No lot shall have a greater depth than two and one-half times its average width.
Analysis: The lot has dimensions of approximately 276 feet by 184 feet, and the depth of the lot is not greater than 2.5 times its average width.
6. City Council Policy Consistency
City Council Policy 6-30: Public Outreach Policy for Pending Land Use Development Proposals
Under City Council Policy 6 -30, the Project is a standard development. Standard development projects are required to provide Early Notification by website and e-mail to property owners and tenants within a 500 -foot radius, and by on -site signage.
Following City Council Policy 6 -30, the required on -site sign has been posted at the site since June 10, 2024, to inform the neighborhood of the Project. No community meeting was required or held for this project. The staff report is posted on the City’s website, and staff has been available to respond to questions from the public.
Staff also followed City Council Policies on the Preservation of Historic Landmarks and Child Care for the associated Planned Development Permit, but these policies are not relevant to this Tentative Map application.
7. California Environmental Quality Act.
The City of San José, as the lead agency for the project, prepared an Initial Study/Mitigated Negative Declaration (IS/MND) in full compliance with CEQA. The IS/MND was circulated for public review and comment from May 5, 2025 through May 28, 2025. Three formal letter was received during the public circulation period, from the Santa Clara Valley Water District, the Amah Mutsun Tribal Band of San Juan Bautista, and Pacific Gas & Electric Company. The comment letters did not result in any substantial changes to the project description, analyses, and/or impacts that was previously disclosed in the IS/MND. These environmental comments are addressed by staff in a formal Response to Comments document.
The Initial Study identified relevant mitigation measures for potential impacts related to construction equipment, nesting birds, historic structures, archaeological deposits, soil contamination, and construction noise and vibration impacts on adjacent buildings and businesses. In addition, standard permit conditions are made part of the permit approval. These standard permit conditions include best management practices for controlling dust and exhaust during construction, tree replacement, compliance with the Habitat Plan, uncovering buried archaeological or historic resources and human remains during construction activities, preventing impacts from lead -based paint and asbestos during demolition activities, preventing stormwater pollution during NVF:DHZ:JMD
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construction, managing mechanical equipment noise, and interior noise levels. The mitigation measures are included in the Mitigation Monitoring and Reporting Program (MMRP) and both the mitigation measures and standard permit conditions are made a part of this permit.
The Initial Study concluded that the proposed project would not result in any significant and unavoidable environmental impacts with implementation of identified mitigation measures. Therefore, an EIR is not required, and an Initial Study/Mitigated Negativ e Declaration is the appropriate level of CEQA clearance for the project.
The IS/MND, Response to Comments, and other related environmental documents are available on the Planning web site at: https://www.sanjoseca.gov/your - government/departments-offices/planning-building-code-enforcement/planning- division/environmental-planning/environmental-review/negative-declaration-initial- studies/san-jose-buddhist-church-betsuin-expansion
8. 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:
a. That the proposed map is not consistent with applicable General and Specific Plans as specified in Section 65451.
b. That the design or improvement of the proposed subdivision is not consistent with applicable General and Specific Plans.
c. That the site is not physically suitable for the type of development. d. That the site is not physically suitable for the proposed density of development. e. 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.
f. That the design of the subdivision or type of improvements is likely to cause serious public health problems.
g. 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 combine six existing lots consisting of 1.17 gross acres into a single lot, 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 goals, policies, and land use designation, as analyzed above. The project site is physically suitable for the project and proposed intensity in that a church education NVF:DHZ:JMD
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building and its various uses, the landscaping, and parking are allowed by the combination of the General Plan and its policies and the Planned Development Zoning. Furthermore, the project site does not contain sensitive habitats or wildlife, and the historic resources on site have been studied and their removal will not cause substantial environmental damage.
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 structures and do not provide a natural habitat for either fish or wildlife. Improvements to the pedestrian network and traffic calming measures are required to be implemented as conditions of approval, including sidewalk repairs on Fourth Street and a new detached sidewalk along the Fifth Street project frontage.
In accordance with the findings set forth above, a Vesting Tentative Map to use the subject property for said purpose specified above and subject to each and all of the conditions hereinafter set forth is hereby approved. This City Council expressly declares that it would not have granted this permit and determination 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 permitted hereby.
APPROVED SUBJECT TO THE FOLLOWING CONDITIONS:
1. Acceptance of Vesting Tentative Map. Per Section 19.12.230, should the Subdivider fail to file a timely and valid appeal of this Vesting Tentative Map within the applicable appeal period, such inaction by the Subdivider shall be deemed to constitute all of the following on behalf of the Subdivider:
a. Acceptance of the Vesting Tentative Map by the Subdivider; and b. Agreement by the Subdivider to be bound by, to comply with, and to do all things required of or by the Subdivider pursuant to all of the terms, provisions, and conditions of this permit or other approval and the provisions of Title 19 applicable to such Vesting Tentative Map.
2. Expiration of Vesting Tentative Map. This Vesting Tentative Map shall automatically expire 30 months from and after the date of issuance hereof by the City Council, if within such time period, a Final Map has not been obtained, pursuant to and in accordance with the provisions of this Tentative Map. The date of issuance is the date this Vesting Tentative Map is approved by the City Council. However, the Director of Planning may approve a Tentative Map Extension to extend the validity of this Tentative Map in accordance with Title 19. An extension of the approval of the Tentative Map shall not exceed two years by the City Council or the Director of Planning.
3. Compliance with Local, State, and Federal Laws. The subject use shall be conducted in full compliance with all local, state, and federal laws.
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4. Improvements. Pursuant to the Subdivision Agreement (hereinafter referred to as "Agreement"), the Subdivider shall, before approval and recording of the Final Map, improve or agree to improve all land within the subdivision and all land outside, but appurtenant to, the Subdivision shown on the Tentative Map for public or private streets, alleys, pedestrian ways and easements to the satisfaction of the Director of Public Works.
5. Improvement Contract. In the event the Subdivider has not completed the improvements required for the proposed subdivision at the time the final map is presented for approval, Subdivider shall enter into an improvement contract pursuant to Agreement with the City of San José, in accordance with Section 19.32.130 of the San José Municipal Code and shall provide the bonds and insurance mentioned therein.
6. Public Use Easements. The Subdivider shall dedicate on the final map for public use easements for public utilities, streets, pedestrian ways, sanitary sewers, drainage, flood control channels, water systems and slope easements in and upon all areas within the subdivision shown on the Tentative Map for the subdivision to be devoted to such purposes.
7. Distribution Facilities. The Subdivider shall, at no cost to the City, cause all new or replacement electricity distribution facilities (up to 40KV), telephone, community cable, and other distribution facilities located on the subject property to be placed underground.
8. Conformance with Other Permits. The subject Vesting Tentative Map conforms to and complies in all respects with the Planned Development Permit File No. PD23-016 and as may be amended, on which such Vesting Tentative Map is based. Approval of said Vesting Tentative Map shall automatically expire with respect to any portion of the lands covered by such Vesting Tentative Map on which a Final Map or Tract Map has not yet been recorded if, prior to recordation of a Final Map or Tract Map thereon, the Planned Development Permit for such lands automatically expires or for any reason ceases to be operative.
9. Final Map. No Final Map or Tract Map shall be approved by City Council unless and until the appeal period for the development permit, City File No. PD23-016, has expired and all appeals have been exhausted.
10. Covenant of Easements. Prior to recordation of the Final Map, the Subdivider shall offer to the City of San José a Covenant of Easement for joint use and emergency access purposes, in accordance with Part 1 of Chapter 20.110 of Title 20 of the San José Municipal Code, across lots as applicable, as shown on the Approved Plan Set. Said easements shall be binding upon, and all benefits shall insure to, all successors in interest to the affected real property.
11. Conveyance of Easements. Subdivider shall convey or cause to be conveyed to the City of San José, easements in and upon all areas as shown on the Tentative Map outside the boundaries of, but appurtenant to, the subdivision. Should a NVF:DHZ:JMD
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separate instrument be required for the conveyance of the easement(s), it shall be recorded prior to the recordation of the Parcel or Final Map. Such easements so conveyed shall be shown on the Parcel Map, together with reference to the Book and Page in the Official Recorder of Santa Clara County, where each instrument conveying such easements is recorded
12. Multiple Final Maps. Multiple Final Maps may be filed for this subdivision if each and all of the following conditions are met with each Final Map:
a. All fees associated with development and a part of this approval shall be apportioned and paid for each portion of this subdivision for which a Final Map is being filed, including but not limited to Parkland Dedication, undergrounding of utilities, drainage, area and sewer treatment plan.
b. All public streets on which each Final Map has frontage shall be improved or bonded to be improved to the satisfaction of the Director of Public Works. c. All grading, drainage, and easements for drainage, adequate to protect each lot for which a Final Map is requested, and surrounding parcels which could be impacted by such design or lack of design, shall be guaranteed to the satisfaction of the Director of Public Works.
d. Any and all off-site improvements necessary for mitigation of impacts brought about by this project shall be apportioned to the degree possible to guarantee adequate mitigation for each area for which a Final Map is being filed, to the satisfaction of the Director of Public Works.
e. For final maps that are phased, where the phasing is not specified, the Permittee is required to process a Permit Amendment to specify the phases and phased improvements. All improvements must be in conformance with the associated development permit, as may be amended.
13. Development Rights – Vesting on Approval of Vesting Tentative Map. a. Per San José Municipal Code Section 19.13.070, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in Government Code Section 66474.2. However, if Section 66474.2 of the Government Code is repealed, the approval or conditio nal approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved. b. Notwithstanding subsection (a) above, any permit, including a building permit, approval, extension, or entitlement may be made conditional or denied if any of the following are determined:
i. A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both.
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ii. The condition or denial is required, in order to comply with state or federal law. c. The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section 19.13.060. If the final map is approved, these rights shall last for the following periods of time:
i. An initial time period of one year. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this one- year initial time period shall begin for each phase when the final map for that phase is recorded. All of said final maps or parcel maps must be recorded within the time period set forth in Section 19.13.060 or the vesting tentative map approval shall expire for those parcels for which final maps or parcel maps are not timely recorded.
ii. The initial time period set forth in c.i. shall be automatically extended by any time used for processing a complete application for a grading permit if such processing exceeds thirty days from the date a complete application is filed. iii. A Subdivider may apply to the director for a one-year extension at any time before the initial time period set forth in c.i expires. If the extension is denied, the subdivider may appeal that denial to the city council within fifteen (15) days. iv. If the Subdivider submits a complete application for a building permit during the periods of time specified in c.i. through c.iii., above, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.
14. Sewage Treatment Demand. Pursuant to Chapter 15.12 of Title 15 of the San José Municipal Code, acceptance of this Permit by Permittee shall constitute acknowledgement of receipt of notice by Permittee that (1) no vested right to a Building Permit shall accrue as the result of the granting of this Permit when and if the City Manager makes a determination that the cumulative sewage treatment demand of the San José - Santa Clara Regional Wastewater Facility represented by approved land uses in the area served by said Facility will cause the total sewage treatment demand to meet or exceed the capacity of San José - Santa Clara Regional Wastewater Facility to treat such sewage adequately and within the discharge standards imposed on the City by the state of California Regional Water Quality Control Board for the San Francisco Bay Region; (2) substantive conditions designed to decrease sanitary sewage associated with any land use approval may be imposed by the approval authority; (3) issuance of a Building Permit to implement this Permit may be suspended, conditioned or denied where the City Manager makes a determination that such action is necessary to remain within the aggregate operational capacity of the sanitary sewer system available to the City of San José or to meet the discharge standards of the sanitary sewer system imposed on the City by the state of California Regional Water Quality Control Board for the San Francisco Bay Region.
15. Public Works Clearance for Building Permit(s) or Map Approval: Prior to the approval of the Tract Map by the Director of Public Works, or the issuance of Building NVF:DHZ:JMD
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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. Standa rd 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 Local Transportation Analysis (LTA) has been performed for this project to evaluate the project’s effect on transportation, access and related safety elements in the proximate area of the project. See separate Local Transportation Analysis Memo dated 1 1/22/24 for additional information. The Local Transportation Analysis Memo contains the following conditions:
i. Implement red curb along the North 5th Street project frontage between the north property boundary and the existing midblock crosswalk to ensure adequate sight distance.
ii. Designate the western parking stalls along the drive aisles farthest from the building for daycare employees, to ensure parking spaces closest to the building entrance are available for student drop-off/pick-up. c. Grading/Geology:
i. A grading permit is required prior to the issuance of a Public Works Clearance.
ii. All on -site storm drainage conveyance facilities and earth retaining structures 4 feet in height or greater (top of wall to bottom of footing) or is being surcharged (slope of 3:1 or greater abutting the wall) shall be reviewed and approved under Public Wo rks grading and drainage permit prior to the issuance of Public Works Clearance. The drainage plan should include all underground pipes, building drains, area drains and inlets. The project shall provide storm drainage calculations that adhere to the lates t California Plumbing Code as adopted under the City of San Jose Municipal Code Section 24.04.100 or submit a stamped and signed engineered design alternative for Public Works discretionary approval and must be designed to convey a 10-year storm event.
iii. If the Project proposes to haul more than 10,000 cubic yards of cut/fill to or from the Project site, a haul route permit 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.
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
iv. Because this project involves a land disturbance of one or more acres, the permittee 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 wa ter 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. The Project site is within the State of California Seismic Hazard Zone. A geotechnical investigation report addressing the potential hazard of liquefaction must be submitted to, reviewed and approved by the City Geologist prior to issuance of a grading permit or Public Works Clearance.
The report should also include, but not limited to: foundation, earthwork, utility trenching, retaining and drainage recommendations. The investigation should be consistent with the guidelines published by the State of California (CGS Special Publication 117A) and the Southern California Earthquake Center (SCEC, 1999). A recommended depth of 50 feet should be explored and evaluated in the investigation.
d. Stormwater Runoff Pollution Control Measures: This project must comply with the City’s Post-Construction Urban Runoff Management Policy (Policy 6-29) which requires implementation of Best Management Practices (BMPs) which includes site design measures, source controls and numerically -sized Low Impac t 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 this project will be in conformance with City Policy 6-29. ii. Final inspection and maintenance information on the post -construction treatment control measures must be included on the final Stormwater Control Plan.
e. 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). f. Flood: Zone D: The project site is not within a designated Federal Emergency Management Agency (FEMA) 100 -year floodplain. Flood Zone D is an unstudied area where flood hazards are undetermined, but flooding is possible. There are no City floodplain requirements for Zone D.
g. Sewage Fees : In accordance with City Ordinance all storm sewer area fees, sanitary sewer connection fees, and sewage treatment plant connection fees, less previous credits, are due and payable prior to issuance of Public Works clearance.
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Item No.: 10.1(a)(3)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
h. Undergrounding:
i. The In-Lieu Undergrounding Fee shall be paid to the City for all frontage(s) adjacent to North 4th Street & North 5th 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 2025 base fee is $622 per linear foot of frontage and is subject 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.
ii. The Director of Public Works may, at his discretion, allow the developer to perform the actual undergrounding of all off -site utility facilities fronting the project adjacent to North 4th Street & North 5th. Subdivider shall submit copies of executed utility agreements to Public Works prior to the issuance of a Public Works Clearance.
i. Street Improvements:
i. Remove and replace broken, uplifted curb and gutter as well as broken, uplifted or non -ADA compliant sidewalk along the N. 4th Street project frontage.
ii. Remove and replace curb, gutter and sidewalk along the N. 5th Street project frontage with a 20’ wide ADA compliant detached sidewalk. This includes a 0.5’ curb, 9.5’ wide park strip, and a 10’ wide sidewalk. iii. Close unused driveway cut(s).
iv. Proposed westerly driveway width along N. 5th Street to be 26’ wide per City Standard Detail R-5.
v. Proposed driveway for loading zone along N. 5th Street to be 12’ wide per City Standard Detail R-5.
vi. Subdivider 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.
vii. Dedication and improvement of the public streets to the satisfaction of the Director of Public Works.
viii. 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 as part of the final street improvement plans.
j. Sanitary: The project is required to submit plan and profile of the sewer mains with lateral locations for final review and comment prior to construction.
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Item No.: 10.1(a)(3)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
k. Storm: Construct a new 15” RCP storm main extension along N. 4th Street from the northerly existing storm drain manhole as there is currently no storm main along the project frontage. The storm main extension will be approximately 524’.
A new storm drain manhol e will need to be constructed to provide the proposed lateral connection from the onsite catch basin.
l. 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.
m. Street Trees: The locations of the street trees will be determined at the street improvement stage. Contact the City Arborist at (408) 794-1901 for the designated street tree. Install street trees within public right -of-way along entire project street frontage per City standards; refer to the current “Guidelines for Planning, Design, and Construction of City Streetscape Projects”. Street trees shall be installed in park strip. Obtain a DOT street tree planting permit for any proposed street tree plantings. Street trees shown on this permit are conceptual only.
16. Housing – Commercial Linkage Fee. All Commercial Linkage Fee (CLF) obligations for this project have been met, and the CLF Satisfaction Plan has been submitted and approved. There are no further CLF conditions required for this project.
17. Conformance to Mitigation Monitoring and Reporting Program (MMRP). This project shall conform to all applicable requirements of the MMRP approved for this development by City Council Resolution No.______.
18. Standard Environmental Conditions.
a. Air Quality
i. Water all exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) two times per day. ii. Cover all haul trucks transporting soil, sand, or other loose material off-site. iii. Remove all visible mud or dirt track out onto adjacent public roads at least once per day using wet power vacuum street sweepers. The use of dry power sweeping is prohibited.
iv. Limit all vehicle speeds on unpaved roads to 15 miles per hour (mph). v. Pave all new roadways, driveways, and sidewalks as soon as possible. vi. Lay building pads as soon as possible after grading unless seeding or soil binders are used.
vii. Suspend all excavation, grading, and/or demolition activities when average wind speeds exceed 20 mph.
viii. Wash off all trucks and equipment, including their tires, prior to leaving the site.
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Item No.: 10.1(a)(3)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
ix. Treat unpaved roads providing access to sites located 100 feet or further from a paved road with a six - to 12-inch layer of compacted layer of wood chips, mulch, or gravel.
x. Minimize idling time either by shutting equipment off when not in use or reducing the time of idling to no more than two minutes (A five -minute limit is required by the state airborne toxics control measure [Title 13, Sections 2449(d)(3) and 2485 of the California Code of Regulations]). Provide clear signage that posts this requirement for workers at all access points to the site. xi. Maintain and properly tune all construction equipment in accordance with the manufacturer’s specifications. Check all equipment by a certified mechanic and record a determination of running in proper condition prior to operation. xii. Post a publicly visible sign with the name and phone number of an on -site construction coordinator to contact regarding dust complaints. The on -site construction coordinator shall respond and take corrective action within 48 hours. The sign shall also prov ide the City’s Code Enforcement Complaints email and number and the Air District’s General Air Pollution Complaints number to ensure compliance with applicable regulations. b. Biological Resources
i. Tree Replacement . Trees removed for the project shall be replaced in accordance with the City’s Tree Replacement Ratios, as set forth below.
Tree Replacement Ratios
Circumference of
Tree to be Removed
Type of Tree to be Removed Minimum Size of Each
Replacement Tree Native Non-Native Orchard
38 inches or more 5:1 4:1 3:1 15-gallon
19 up to 38 inches 3:1 2:1 none 15-gallon
Less than 19 inches 1:1 1:1 none 15-gallon
Note: Trees greater than or equal to 38-inch circumference shall not be removed unless a Tree Removal Permit, or equivalent, has been approved for the removal of such trees.
For Multi-Family residential, Commercial and Industrial properties, a permit is require d for removal of trees of any size.
A 38-inch tree equals 12.1 inches in diameter.
x:x = tree replacement to tree loss ratio
A 24-inch box tree = two 15-gallon trees
1) Six trees on -site would be removed. One tree would be replaced at a 5:1 ratio, one tree would be replaced at a 4:1 ratio, and the remaining four trees NVF:DHZ:JMD
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would be replaced at a 2:1 ratio. The project would be required to plant a total of 17 trees.
2) In the event that a project site does not have sufficient area to accommodate the required tree replacement, one or more of the following may be implemented, to the satisfaction of the Director of Planning, Building and Code Enforcement. Changes to an appr oved 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 grading 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. ii. Santa Clara Valley Habitat Plan. The project is subject to applicable SCVHP conditions and fees (including the nitrogen deposition fee) prior to issuance of any grading permits. The project applicant shall submit the Santa Clara Valley Habitat Plan Coverage Screening Form (https://www.s cv- habitatagency.org/DocumentCenter/View/151/CoverageScreeningForm?bidId =) to the Director of Planning, Building and Code Enforcement (PBCE) 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.
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 (PB CE) or the Director's designee and the City’s Historic Preservation Officer shall be notified, and a qualified archaeologist shall examine the find. The archaeologist shall 1) evaluate the find(s) to determine if they meet the definition of a historical or archaeological resource; and (2) make appropriate recommendations regarding the disposition of such finds prior to issuance of building permits. Recommendations could include collection, recordation, and analysis of any significant cultural materials. A report of findings documenting any data recovery shall be submitted to Director of PBCE or the Director's designee and the City’s Historic Preservation Officer and the Northwest Information Center (if applicable). Project personnel shall not collect or move any cultural materials.
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Item No.: 10.1(a)(3)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
ii. Human Remains. If any human remains are found during any field investigations, grading, or other construction activities, all provisions of California Health and Safety Code Sections 7054 and 7050.5 and Public Resources Code Sections 5097.9 through 5097.99, as amended per Assembly Bill 2641, shall be followed. If human remains are discovered during construction, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains. The project applicant shall immediately notify the Director of Planning, Building and Code Enforcement (PBCE) or the Director's designee and the qualified archaeologist, who shall then notify 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 failed 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 the mediation by the NAHC fails to provide measures acceptable to the landowner.
d. Geology and Soils.
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. 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 unaccepta ble settlements may occur, then alternative groundwater control systems shall be required.
v. Paleontological Resources. If vertebrate fossils are discovered during construction, all work on the site shall stop immediately, the Director of NVF:DHZ:JMD
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Planning or Director’s designee of the Department of Planning, Building and Code Enforcement (PBCE) shall be notified, and a qualified professional paleontologist shall assess the nature and importance of the find and recommend appropriate treatment. Treat ment 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 projec t Permittee shall be responsible for implementing the recommendations of the qualified paleontologist. A report of all findings shall be submitted to the Director of Planning or the Director’s designee.
e. Proof of Enrollment in SJCE. 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 Director’s designee, proof of enrollment in the San José Clean Energy (SJCE) TotalGreen program (approximately 100 percent carbon free power) assumed in the approved environmental clearance for the project in accordance with the California Environmental Quality Act (CEQA). If it is determined the project’s environmental clearance requires enrollment in the TotalGreen program, neither the occupant, nor any future occupant, may opt out of the TotalGreen program. f. Hazards and Hazardous Materials.
i. Asbestos and Lead-Based Paint. 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 ma terials (ACMs) and/or lead -based paint (LBP).
ii. During demolition activities, all building materials containing lead -based paint shall be removed in accordance with Cal/OSHA Lead in Title 8, California Code of Regulations (CCR), Section 1532.1, including employee training, employee air monitoring, and dust control. Any debris or soil containing lead-based paint or coatings shall be disposed of at landfills that meet acceptance criteria for the type of lead being disposed.
iii. All potentially friable asbestos -containing materials 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.
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Item No.: 10.1(a)(3)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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.
g. Hydrology and 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 away by the wind shall be watered or covered.
v. All trucks hauling soil, sand, and other loose materials shall be required to cover all trucks or 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 knock mud from truck tires prior to entering City streets. A tire wash system may also be employed at the request of the City.
ix. The project Permittee shall comply with the City of San José Grading Ordinance, including implementing erosion and dust control during site preparation and with the City of San José Zoning Ordinance requirements for keeping adjacent streets free of dirt and mud during construction. h. Construction-Related Noise.
i. Pile Driving is prohibited.
ii. Limit construction hours to between 7:00 a.m. and 7:00 p.m. Monday through Friday for any on -site or off -site work within 500 feet of any residential unit.
Construction outside of these hours may be approved through a development permit based on a site-specific “construction noise mitigation plan” and a finding by the Director of Planning, Building and Code Enforcement that the construction noise mitigation plan is adequate to prevent noise disturbance of affected residential uses.
iii. Construct solid plywood fences around ground level construction sites adjacent to operational business, residences, or other noise-sensitive land uses.
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
iv. Equip all internal combustion engine-driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment. v. Prohibit unnecessary idling of internal combustion engines. vi. Locate stationary noise -generating equipment such as air compressors or portable power generators as far as possible from sensitive receptors.
Construct temporary noise barriers to screen stationary noise -generating equipment when located near adjoining sensitive land uses. vii. Utilize “quiet” air compressors and other stationary noise sources where technology exists.
viii. Notify all adjacent business, residences, and other noise-sensitive land uses of the construction schedule, in writing, and provide a written schedule of “noisy” construction activities to adjacent land uses and nearby residences. ix. If complaints are received or excessive noise levels cannot be reduced using the measures above, erect a temporary noise control blanket barrier along surrounding building facades that face the construction sites. x. Designate a “noise disturbance coordinator” who shall be responsible for responding to any complaints about construction noise. The disturbance coordinator will determine the cause of the noise complaint (e.g., bad muffler, etc.) and shall require that reasonable measures be implemented to correct the problem. Conspicuously post a telephone number for the disturbance coordinator at the construction site and include it in the notice sent to neighbors regarding the construction schedule.
19. Public Works Clearance for Building Permit(s) or Map Approval: Prior to the approval of the Tract by the Director of Public Works, or the issuance of Building permits, whichever occurs first, the Subdivider will be required to have satisfied all of the following Public Works conditions as described in the Planned Dev elopment Permit (PD23-016).
20. Revocation, Suspension, Modification. This Vesting Tentative Map is subject to revocation, suspension or modification for violation of any of its provisions or conditions.
In accordance with the findings set forth above, a Vesting Tentative Map Permit to use the subject property for said purpose specified above, subject to conditions, is hereby approved.
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Item No.: 10.1(a)(3)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
APPROVED and issued this _____ day of ______, 2025, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
__________________________________
MATT MAHAN
Mayor
ATTEST:
_____________________________________
TONI J. TABER, MMC
City Clerk
NOTICE TO PARTIES
The time within which judicial review must be sought to review this decision is governed by the provisions of the California Code of Civil Procedure Section 1094.6.
Your Reference: Chicago Title Company
CLTA Preliminary Report Form (Modified 11/17/06) Last Saved: 7/12/2023 8:56 AM by RT lPrelm (DSI Rev. 04/10/20) Page 3 Order No.: 98204655 -982-SK-KC
EXHIBIT A
LE
GAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN JOSE, IN THE COUNTY OF S
ANTA CLARA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL ONE:
Portions of Lot 160, Block 15, White’s Additions, as shown on the Map entitled “City of San Jose, copied from the original Map drawn by Sherman Day, City Engineer”, which Map was filed for record in the Office of the Recorder, County of Santa Clara, State of California, in Book “A” of Maps, at Pages 72 and 73 and being more particularly described as follows:
Beginning at a point on the Southwesterly line of Fifth Street, formerly Main Street, distant thereon Northwesterly 183 feet 4 inches Northwesterly from the point of intersection of said Southwesterly line of Fifth Street with the Northwesterly line of Jackson Street; thence along said Southwesterly line of Fifth Street Northwesterly 45 feet 10 inches; thence at right angles Southwesterly 137 feet 6 inches; thence at right angles Southeasterly 45 feet 10 inches; thence at right angles Northeasterly 137 feet 6 inches to the point of beginning.
APN: Portion 249-41-075
PARCEL TWO:
Portions of Lot 160, Block 15, White’s Additions, as shown on the Map entitled “City of San Jose, copied from the original Map drawn by Sherman Day, City Engineer”, which Map was filed for record in the Office of the Recorder, County of Santa Clara, State of California, in Book “A” of Maps, at Pages 72 and 73 and being more particularly described as follows:
Beginning at a point on the Southwesterly line of Fifth Street, distant thereon Northwesterly 229 feet 2 inches from the point of intersection of said Southwesterly line of Fifth Street with the Northwesterly line of Jackson Street; thence along said Southwesterly line of Fifth Street Northwesterly 45 feet 10 inches; thence at right angles Southwesterly 137 feet 6 inches; thence at right angles Southeasterly 45 feet 10 inches; thence at right angles Northeasterly 137 feet 6 inches to the point of beginning.
APN: Portion 249-41-075
PARCEL THREE:
Portions of Lot 160, Block 15, White’s Additions, as shown on the Map entitled “City of San Jose, copied from the original Map drawn by Sherman Day, City Engineer”, which Map was filed for record in the Office of the Recorder, County of Santa Clara, State of California, in Book “A” of Maps, at Pages 72 and 73 and being more particularly described as follows:
Beginning at a point on the Southwesterly line of Fifth Street, distant thereon Northwesterly 274 feet 3 inches from the point of intersection of said Southwesterly line of Fifth Street with the Northwesterly line of Jackson Street; thence along said Southwesterly line of Fifth Street Northwesterly 45 feet 10 inches; thence at right angles Southwesterly 137 feet 6 inches; thence at right angles Southeasterly 45 feet 10 inches; thence at right angles Northeasterly 137 feet 6 inches to the point of beginning.
APN: Portion 249-41-075
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Your Reference: Chicago Title Company
EXHIBIT A
(
Continued)
CLTA Preliminary Report Form (Modified 11/17/06) L ast Saved: 7/12/2023 8:56 AM by RT lPrelm (DSI Rev. 04/10/20) Page 4 Order No.: 98204655-982-SK-KC PARCEL FOUR:
P
ortion of Lot 161, in Block 15, of White’s Addition to the City of San Jose, as shown upon that certain Map entitled “City of San Jose, as shown upon that certain Map entitled City of San Jose, copies from the original Map drawn by Sherman Day, City Engineer”, which Map was filed for record in the Office of the County of Santa Clara, State of California, in Book “A” of Maps, at Pages 72 and 73, and more particularly described as follows:
Commencing at a point on the Southwestern line of Fifth Street, distant thereon 320 feet 10 inches Northwesterly from the Northwestern line of Jackson Street; thence running Southwesterly and parallel with the Northwestern line of Jackson Street, 137.5 feet to the Southwesterly line of Lot 161, in Block 15, as shown upon the above Map; thence Northwesterly and parallel with the Southwestern line of Fifth Street and along he Southwestern line of said Lot 161, 45 feet 10 inches; thence Northeasterly and parallel with the Northwestern line of Jackson Street, 137.5 feet to the Southwesterly line of Fifth Street; thence Southwesterly along said line of Fifth Street 45 feet 10 inches to the point of beginning.
APN: 249-41-009
PARCEL FIVE:
Beginning at a point on the Easterly line of Fourth Street distant thereon Northerly 183 1/3 feet from point of intersection of Northerly line of Jackson Street with Easterly line of Fourth Street; thence Northerly along said Easterly line of Fourth Street 46 10/10 feet; thence at right angles Easterly 137 ½ feet; thence at right angles Westerly 137 ½ feet to a point of beginning.
Being a portion of Block 15 of White’s Addition in the City of San Jose APN: 249-41-022
PARCEL SIX:
Beginning at a point on the Easterly line of Fourth Street, distant thereon 230 feet 2 inches Northerly from the point of intersection of the Easterly line of Fourth Street with the Northerly line of Jackson Street; thence running Northerly and along the Easterly line of Fourth Street 44 feet 10 inches; thence at right angles Easterly and parallel with the Northerly line of Jackson Street, 137.50 feet; thence running at right angles Southerly and parallel with the Easterly line of Fourth Street 44 feet 10 inches; thence running at right angles Westerly and parallel with the Northerly line of Jackson Street 137.50 feet to the point of beginning.
Being a portion of Lot 155 in Block 15 of the White’s Addition to the City of San Jose.
APN: 249-41-023
PARCEL SEVEN:
Portion of Lot 156, in Block 15, White’s Addition in the City of San Jose, as shown upon that certain Map entitled “City of San Jose, copied from the Original Map drawn by Sherman Day, Civil Engineer”, which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, in Book “A” of Maps, at Pages 72 and 73, and more particularly described as follows:
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Your Reference: Chicago Title Company
EXHIBIT A
(
Continued)
CLTA Preliminary Report Form (Modified 11/17/06) L ast Saved: 7/12/2023 8:56 AM by RT lPrelm (DSI Rev. 04/10/20) Page 5 Order No.: 98204655-982-SK-KC Commencing at a point on the Easterly line of Fourth Street, distant 275 feet Northerly from the Northerly line of J
ackson Street; thence running Easterly parallel with Jackson Street 137 ½ feet; thence at right angles Northerly parallel with Fourth Street 45 10/12 feet; thence at right angles Westerly parallel with Jackson Street 137 ½ Feet to the Easterly line of Fourth Street; thence at right angles Southerly along said line of Fourth Street 45 10/12 feet to the place of beginning.
APN: 249-41-024
PARCEL EIGHT:
Beginning at a point in the Easterly line of Fourth Street, distant thereon North 320 feet and 10 inches from the point of intersection of the Northerly line of Jackson Street with the Easterly line of Fourth Street; thence Northerly along said line of Fourth Street, 45 feet and 10 inches; thence at a right angle Easterly and parallel with the Northerly line of Jackson Street, 137 feet and 6 inches; thence at a right angle Southerly and parallel with the Easterly line of Fourth Street, 45 feet and 10 inches; thence at a right angle Westerly 137 feet and 6 inches to the point of beginning.
Being a portion of Block 15 of White’s Addition in the City of San Jose.
APN: 249-41-025
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
PROJECT
NUMBER:
PDC22-104
PD23-016
REVISIONS
CONSULTANT
AEDIS JOB #
DATE
SCALE
SHEET
SHEET #
w w w . a e d i s a r c h i t e c t s . c o m
333 W. Santa Clara Street, Suite 900
S a n J o s e , C A 9 5 1 1 3
t e l : ( 4 0 8 ) - 3 0 0 - 5 1 6 0
f a x : ( 4 0 8 ) - 3 0 0 - 5 1 2 1
1" = 20'
2021026
639 N. 5TH ST.,
SAN JOSE, CA
95112
002-D
LOTUS
PRESCHOOL
AND CR
REPLACEMENT
PRELIMINARy
SUBMITTAL
No. Description Date
www.langan.com
1 Almaden Boulevard, Suite 590
San Jose, CA 95113
T: 408.283.3600F: 408.283.3601
Langan Engineering and
Environmental Services, Inc.
2025-01-10
DESCRIPTION EXISTING
LEGEND
ABBREVIATIONS
NOTES
C1
ExISTIN*
CONDITION
AND
DEMOLITION
PLAN
EXHIBIT B
EXHIBIT B
(PDC23-104; PD23-016; T23-016)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.