San Jose City Council
September 15, 2026

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RESOLUTION NO.____

A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN

JOSE APPROVING, SUBJECT TO CONDITIONS, A SITE

DEVELOPMENT PERMIT TO ALLOW THE CONSTRUCTION
OF 80 SINGLE -FAMILY HOUSES (64 DETACHED, 16
ATTACHED), AN APPROXIMATELY 0.68 -GROSS-ACRE

PRIVATELY-OWNED PUBLICLY-ACCESSIBLE PARK, THE

DEMOLITION OF SIX EXISTING BUILDINGS ASSOCIATED

WITH THE FORMER GLIDER ELEMENTARY SCHOOL
TOTALING APPROXIMATELY 56,644 SQUARE FEET, AND
THE REMOVAL OF 4 8 TREES (18 ORDINANCE -SIZE, 30

NON-ORDINANCE-SIZE), SUBJECT TO STATE DENSITY

BONUS LAW WITH A REQUEST FOR A N

INCENTIVE/CONCESSION TO ELIMINATE T HE

TRANSPORTATION DEMAND MANAGEMENT PLAN

REQUIREMENT, AND WAIVERS FOR REDUCTIONS IN

MINIMUM LOT AREA AND WIDTH, MINIMUM LOT

FRONTAGE, FRONT SETBACK, SIDE INTERIOR SETBACK,

SIDE CORNER SETBACK, REAR INTERIOR SETBACK,

AND REAR CORNER SETBACK, AND A REQUEST FOR

EXTENDED CONSTRUCTION HOURS ON SATURDAYS
FROM 8:00 AM TO 5:00 PM ON AN APPROXIMATELY 9.51-

GROSS-ACRE SITE ON THE NORTHWEST CORNER OF
COZY DRIVE AND GLIDER DRIVE (511 COZY DRIVE) (APN
689-08-001)

FILE NO. H23-028

WHEREAS, pursuant to the provisions of Chapter 20.100 of Title 20 of the San José Municipal Code, on October 23, 2023, Kelley Rutchena of TTLC San Jose - Glider, LLC, filed an application (File No. H23- 028) on behalf of the property owner, the Oak Grove School District (“Permittee”), with the City of San José (“City”) for a Site Development Permit to allow the construction of 80 single-family houses (64 detached, 16 attached), an approximately 0.68- gross-acre privately -owned publicly -accessible park , the demolition of six existing buildings associated with the former Glider Elementary School (totaling approximately 56,644 square feet), and the removal of 48 trees (18 ordinance- size and 30 non-ordinance-size), subject to State Density Bonus Law with a request for SAW:DHZ:KMF
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an incentive/concession to eliminate the Transportation Demand Management (“TDM”) plan requirement, and waivers for reductions in minimum lot area and width, minimum lot frontage, front setback, side interior setback, side corner setback, rear interior setback, and a request for extended construction hours on Saturdays from 8:00 AM to 5:00 PM on an approximately 9 .51-gross-acre site , on a portion of that certain real property situated in the PQP Public/Quasi -Public Zoning District and located on the northwest corner of Cozy Drive and Glider Drive (511 Cozy Drive; APN 689-08-001) (the “subject property”); 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 August 26, 2026, 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, the analysis of Council Policy 5- 1 contained in the Planning Commission staff report is incorporated into this Resolution by reference; 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 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, “ COZY DRIVE San Jose, CA ” dated January 5, 202 6; said plan is on SAW:DHZ:KMF
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file in the Department of Planning, Building and Code Enforcement , is available for inspection, and 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 an approximately

9.51-gross-acre parcel located at the northwest corner of Cozy Drive and Glider Drive (511 Cozy Drive, APN: 689 -08-001). This site is developed with the former Glider Elementary School, which currently includes the existing school facilities , associated play fields, trees and landscaping, and surface parking areas. The site is surrounded by detached single-family houses on all sides.

Existing vehicle access to the site is provided from three driveways along Cozy Drive and two driveways along Glider Drive. There is direct pedestrian access from sidewalks along both Cozy Drive and Glider Drive. The nearest transit access to the site is via VTA Route 66, which stops at the intersection of Santa Teresa Boulevard and Dunn Avenue, approximately 1,100 feet to the northeast of the subject site.

2. Project Description. The project consists of a Site Development Permit, submitted under the Housing Accountability Act (“Builder’s Remedy”), to allow the construction of 80 single- family houses (64 detached, 16 attached), two new public streets, an approximately 0.68- gross-acre privately -owned publicly accessible park, the demolition of six existing buildings associated with the former Glider Elementary School (totaling approximately 56,644 square feet), and the removal of 48 trees (18 ordinance-size and 30 non-ordinance-size).

The project includes 80 single- family houses, with 64 detached single- family houses and 16 attached single- family houses. There are four proposed plan types. The 16 attached single-family houses have approximately 1,233 square feet of living area, and consist of two stories of living space, an attached one- car garage, and a private backyard. The remaining 64 detached houses range in size from 1,896 square feet to 2,234 square feet. All detached houses are two stories, with three bedrooms, an SAW:DHZ:KMF
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attached two-car garage, and a private backyard. Lot sizes range between 1,980 to 7,603 square feet. A total of 11 units (13%) would be reserved for low -income households earning up to 80% of Area Median Income (“AMI”). The project would be served by Cozy Drive, Glider Drive, and two newly constructed public streets, which include curb, gutter, landscape strip, and sidewalk. The project includes the construction of an approximately 0.68-gross-acre privately-owned, publicly-accessible park that would be maintained by a newly formed Homeowner’s Association.

The project includes an application pursuant to the State Density Bonus Law (Government Code Section 65915) with a request for one incentive/concession to eliminate the zoning code requirement to implement a TDM Plan, and waivers for reductions in minimum lot area and width, minimum lot frontage, front setback, side interior setback, side corner setback, rear interior setback, and rear corner setback.

In conjunction with this Site Development Permit, the project also includes a Vesting Tentative Map (File No. T23-022) to subdivide the existing 9.51-gross-acre lot into up to 81 lots (80 residential lots, one common lot).

The applicant has also requested extended construction hours, with the option to work on Saturdays from 8:00 AM to 5:00 PM.

3. Housing Accountability Act. The Housing Accountability Act prohibits a local agency from disapproving, or conditioning approval in a manner that renders infeasible, a housing development project for very -low, low-, or moderate- income housing or an emergency shelter unless one of six potential written findings are made (Government Code Section 65589.5(d)). Section 65589.5(d)(5) authorizes jurisdictions to deny a qualifying project if both of the following criteria are satisfied: (1) the project is inconsistent with the jurisdiction ’s Zoning Ordinance and General Plan land use designation; and (2) the jurisdiction has a housing element in substantial compliance with State Housing Element Law. The “Builder’s Remedy” refers to a penalty for jurisdictions that do not have a substantially compliant housing element, meaning such a jurisdiction may not disapprove a qualifying housing development project based upon inconsistency with both the jurisdiction’s zoning ordinance and general plan land use designation.

On June 2, 2023, the applicant, TTLC San Jose - Glider, LLC, submitted a Senate Bill 330 (SB 330) Preliminary Application (File No. PRE23-080) under Section 65941.1(a) for the construction of an 80-unit single- family development with 20% of the units reserved for households earning up to 80% AMI. On October 23, 2023, the applicant submitted a formal development application for the subject project, within the 180-day deadline for formal submittal of a project application and with less than a 20% change to the number of units and square footage of the building in accordance with Section 65941.1(e)(1).

On January 29, 2024, the California Department of Housing and Community Development (“HCD”) determined that the City’s Housing Element was in substantial SAW:DHZ:KMF
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compliance. Therefore, at the time of submittal of the applicant’s SB 330 Preliminary Application, the City did not have a substantially compliant Housing Element. On March 7, 2025, the applicant informed the City that the project would proceed under the provisions of Assembly Bill 1893, which modified provisions of the Housing Accountability Act specific to Builder’s Remedy projects . Government Code Section 65589.5(f)(7)(A) allows the development proponent to choose which provisions of Section 65589.5 they prefer to be subject to – the Builder’s Remedy provisions as they were before AB 1893 was adopted or as modified by AB 1893. Accordingly, the applicant chose to change their affordable units reserved for households earning up to 80% AMI from 20% to 13%.

Therefore, the project must be considered under the criteria of a Builder’s Remedy project under the definition in Section 65589.5(h)(11):
a. The project is a housing development project that provides housing for very low, low-, or moderate-income households.

Analysis: The project is a housing development project that provides 13% of units for low-income households, which qualifies under this definition pursuant to Section 65589.5(h)(3)(c)(i)(III).
b. On or after the date an application for the housing development project or emergency shelter was deemed complete, the jurisdiction did not have a housing element that was in substantial compliance with this article.

Analysis: The applicant submitted an SB 330 preliminary application on June 2, 2023, prior to the City’s Housing Element being deemed in substantial compliance on January 29, 2024.
c. The project has a density such that the number of units, as calculated before the application of a density bonus pursuant to Section 65915, complies with all of the following conditions:
(1) The density does not exceed the greatest of the following densities:
i. Fifty percent greater than the minimum density deemed appropriate to accommodate housing for that jurisdiction as specified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2.

Analysis: The allowable density for jurisdictions in a metropolitan county pursuant to Section 65583.2(c)(3)(B)(iv) is 30 dwelling units per acre.

Therefore, this section allows 45 dwelling units per acre. ii. Three times the density allowed by the general plan, zoning ordinance, or state law, whichever is greater.

Analysis: The subject property does not otherwise allow housing, and therefore, no density is associated with this section.

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iii. The density that is consistent with the density specified in the housing element.

Analysis: The subject property does not appear in the City’s Housing Element, and therefore, no density is associated with this section.

Analysis: Under this Section (1), The greatest applicable density for the subject property is 45 dwelling units per acre.
(2) Notwithstanding clause (i), the greatest allowable density shall be 35 units per acre more than the amount allowable pursuant to clause (i), if any portion of the site is located within any of the following: (I) One-half mile of a major transit stop, as defined in Section 21064.3 of the Public Resources Code; (II) a very low vehicle travel area, as defined in subdivision (h) ; or (III) A high or highest resource census tract, as identified by the latest edition of the “CTCAC/HCD Opportunity Map” published by the California Tax Credit Allocation Committee and the Department of Housing and Community Development.

Analysis: The subject property is within a high resource census tract of the 2025 Opportunity Map, and therefore, a 35 dwelling unit per acre bonus is allowed , in addition to the density allowed pursuant to section c(1)(i). d. Regarding minimum densities:
(1) On sites that have a minimum density requirement and are located within one-half mile of a commuter rail station or a heavy rail station, the density of the project shall not be less than the minimum density required on the site. (2) On all other sites with a minimum density requirement, the density of the project shall not be less than the local agency’s minimum density or one-half of the minimum density deemed appropriate to accommodate housing for that jurisdiction as specified in s ubparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2, whichever is lower.

Analysis: The subject property is not within one-half mile of a commuter rail station or a heavy rail station. Additionally, the sub ject site does not have a minimum density requirement, as neither the General Plan designation nor zoning include such a requirement. Therefore, there is no minimum density requirement for this project under this section.
e. The project site does not abut a site where more than one- third of the square footage on the site has been used, within the past three years, by a heavy industrial use, or a Title V industrial use, as those terms are defined in Section 65913.16.

Analysis: The subject property has not been used as a heavy industrial or Title V industrial use and does not abut any such site.

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per acre and qualifies under the definition of a Builder’s Remedy project in state law.

Therefore, pursuant to Section 65589.5(f)(6)(D), the project does not require approval of a general plan amendment or rezoning, and shall be deemed consistent with applicable plans, programs, policies, ordinances, standards, requirements, redevelopment plans, implementing instruments, or other similar provisions for all purposes.

4. Site Development Permit Findings.

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

Envision San José 2040 General Plan Consistency.

The subject property is designated Public/Quasi-Public in the Envision San José 2040 General Plan Land Use/Transportation Diagram. The Public/Quasi -Public land use designation does not allow for residential development unless the project is supportive housing.

Analysis: While the project is found to be inconsistent with the General Plan designation and multiple General Plan policies, as the project qualifies as a Builder’s Remedy project under Section 65589.5(h)(11), the project is deemed consistent with the General Plan, including applicable policies, pursuant to Section 65589.5(f)(6)(D)(iii), and shall not require a General Plan Amendment pursuant to Section 65589.5(f)(6)(D)(i). Nevertheless, inconsistencies with the General Plan are documented below for the record.

The project is inconsistent with the following General Plan major strategies and policies:

Major Strategy #3 – Focused Growth: [The] Focused Growth strategy … strictly limits new residential development through neighborhood infill outside of these Growth Areas to preserve and enhance the quality of established neighborhoods, to reduce environmental and fiscal impacts, and to strengthen the City’s Urban Growth Boundary. Focusing new growth into the Growth Areas will help to protect the quality of existing neighborhoods, while also enabling the development of new Urban Village areas with a compact and dense form attractive to the City’s projected growing demographic groups that support walking, provide opportunities to incorporate retail and other services in a mixed- use format, and support transit use.

Analysis: This project is outside of an Urban Village and has a land use designation of Public/Quasi -Public in the General Plan’s Land Use/Transportation Diagram, which does not permit residential development unless the project tis supportive SAW:DHZ:KMF
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housing. Additionally, the project is in an immitigable Vehicle Miles Traveled (“VMT”) area, which is by definition a car-dependent area, and the project is not a mixed-use, transit-supporting project.

Major Strategy #7 – Measurable Sustainability / Environmental Stewardship: As the City’s guide for growth and development, the General Plan is a unique tool to shape its growth, minimize its impacts on resource consumption, reduce its contribution to global warming, and to preserve and enhance its natural environment.

Analysis: This project is in an immitigable VMT area and has a significant unavoidable impact on both VMT and greenhouse gas emissions. The project results in additional resource consumption and contributes to additional greenhouse gas emissions, leading to global warming.

Land Use Policy LU -1.9: Preserve existing Public/Quasi -Public lands in order to maintain an inventory of sites suitable for Private Community Gathering Facilities, particularly within the Residential Neighborhoods, Urban Villages and commercial areas, and to reduce the potential conversion of employment lands to non- employment use.

Analysis: This project does not preserve existing PQP land within a residential neighborhood and converts potential employment lands (reserved for public use) to a non-employment (residential) use.

Housing Policy H -4.2: Minimize housing’s contribution to greenhouse gas emissions, and locate housing, consistent with our City’s land use and transportation goals and policies, to reduce vehicle miles traveled and auto dependency.

Analysis: This project is located in an area with immitigable VMT with poor alternative transportation methods and therefore does not minimize its contribution to greenhouse gas emissions.

Vibrant Neighborhoods Policy VN -1.2: Maintain existing and develop new community services and gathering spaces that allow for increased social interaction of neighbors, (i.e., parks, community centers and gardens, libraries, schools, commercial areas, churches, and other gathering spaces).

Analysis: This project permanently ceases the use of an existing vacant public school facility.

Education Policy ES -1.10: Encourage and enable the use of available school facilities for child care, private community gathering facilities, public recreation facilities and other dual- and multi-use purposes.

Analysis: This project permanently ceases the use of an existing vacant and available public school facility.

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b. The site development permit, as approved, conforms with the zoning code and all other provisions of the San José Municipal Code applicable to the project.

Zoning Ordinance Consistency
Analysis: As the project qualifies as a Builder’s Remedy project under Section 65895.5(h)(11), the project is deemed consistent with the zoning ordinance pursuant to Section 65589.5(f)(6)(D)(iii). Nevertheless, conformance with the Zoning Code is included for the record below:

Land Use
The subject property is within the PQP Public/Quasi -Public Zoning District.

However, pursuant to Government Code Section 65941.1, as the subject property was located within the R -1-8 Single-Family Residence Zoning District at the time of the SB 330 Preliminary Application submittal, the project therefore vested and is considered to be within the R -1-8 Zoning District, which allows a single-family house development. Per Section 20.30.010.C.1 of the Zoning Code, the allowable density range for the R -1-8 Zoning District is one to eight dwelling units per acre (“DU/AC”). The project proposes a residential density of approximately 8.41 DU/AC.

Development Regulations
The height and setbacks for the R -1-8 Zoning District are within Table 20-60 of Section 20.30.200 of the Zoning Code, and listed below:

Development
Standard
Required Plan 1
(attached)
Plan 2 Plan 3 Plan 4
Minimum Lot Area 5,445 sf 1,980 sf 3,600 sf 3,600 sf 3,600 sf Front Setback 20 feet 10 feet 10 feet 10 feet 10 feet
Side, Interior
Setback
5 feet 0 feet 4 feet 4 feet 4 feet
Side, Corner
Setback

12.5 feet 10 feet 10 feet 10 feet 10 feet
Rear, Interior
Setback
20 feet 10 feet 10 feet 10 feet 10 feet
Rear, Corner
Setback
20 feet 10 feet 10 feet 10 feet 10 feet
Minimum Driveway
Length
18 feet 18 feet 18 feet 18 feet 18 feet
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Maximum Height 35 feet 24 feet, 9
inches
24 feet,
9 inches
24 feet,
10 inches
26 feet,
7 inches
Maximum Number
of Stories

2.5 stories 2 stories 2 stories 2 stories 2 stories
Analysis: The project does not meet the lot size, front, side interior, side corner, rear interior, and rear corner setback requirements for the R -1-8 Zoning District.

While the City may not deny the subject project for inconsistency with the zoning ordinance, the applicant has nevertheless requested waivers to reduce the lot size and setback standards pursuant to State Density Bonus Law. See the State Density Bonus Law section below for more information.

Transportation Demand Management and Vehicle Parking:

As the SB 330 preliminary application was submitted after April 10, 2023, the effective date of the City’s TDM ordinance, the project is therefore subject to the TDM requirements of Chapter 20.90, Part 9 of the zoning code. The applicant has requested an incentive/concession under State Density Bonus Law to eliminate the TDM Plan requirement. See the State Density Bonus Law findings below for more information.
c. The site development permit, as approved, is consistent with applicable city council policies, or counterbalancing considerations justify the inconsistency.

City Council Policy 6-30: Public Outreach Policy for Pending Land Use and Development Proposals
In conformance with the City’s public outreach policy for Large and Significant Community Interest Proposals, on- site signs have been posted on the project frontages since February 14, 2024. A Joint Environmental Impact Report Scoping and Community Meeting was held on October 15, 2024, at the Santa Teresa Library.

Community concerns generally focused on traffic impacts of the new project , parking, loss of public land, project density, building height and setbacks, privacy concerns, strain on public utilities, lack of available public transit, lack of available open space, impacts to biological resources, impacts to air quality, light and air impacts, construction impacts, and increased crime.

The project was noticed to surrounding property owners and tenants at a radius of 1,000 feet. Staff have been available to answer any questions from the public.

City Council Policy 5-1: Transportation Analysis Policy This project is located within an area of immitigable VMT per capita and is therefore subject to Part D.2.B of the CEQA VMT Implementation Procedures in Policy 5-1, for market -rate or mixed- income residential projects without a General Plan Amendment, with significant and unavoidable VMT impacts.

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Analysis: While this project does not require a General Plan Amendment to change the subject property’s land use designation from Public/Quasi-Public (PQP) due to its qualification as a Builder’s Remedy project under Section 65589.5(h)(11), staff used the provisions of Council Policy 5-1 as a framework for analysis. Council Policy 5-1 provides guidance on how to mitigate VMT impacts for residential projects in a high VMT area that require a Statement of Overriding Considerations. Since the Builder’s Remedy bypasses the PQP General Plan land use designation to allow for a housing development project as if it were a General Plan Amendment, the transparent and voluntary prov isions of Council Policy 5 -1 offer a pathway to achieving overriding community benefits. Typically, for projects in a high VMT area that require a Statement of Overriding Considerations, Council Policy 5-1 dictates the project should provide transportation improvements, affordable housing, neighborhood-serving commercial space, a fiscal and jobs/housing balance impact study, utilization of recycled water if available, that the project meets or exceeds the City’s parks requirements, and the project provides extensive community engagement through the entitlement process.

The project must meet the following requirements for a project with significant and unavoidable VMT impacts:

1. Are consistent with the City’s General Plan land use designation or future City- initiated General Plan amendments;
Analysis: The project qualifies as a Builder’s Remedy project under Section 65589.5(h)(11) and it is therefore deemed consistent with General Plan requirements under Section 65589.5(f)(6)(D)(iii).

2. Demonstrate overriding benefits to the City, as determined by the City Council, in accordance with Public Resources Code 21081(a)(3) and CEQA Guidelines Section 15091(a)(3), based on a recommendation by City staff; and Analysis: The project includes the following overriding benefits beyond standard mitigations and requirements found in the Municipal Code and/or state law, as applied to this project, including payment of a VMT offset valuation of $4,055,796 which would fund the construction of improvements to mitigate VMT impacts to the maximum extent feasible. The VMT offset payment will fund Transportation Systems Improvements at the nearby intersection of Santa Teresa Boulevard and Snell Avenue. Improvements include:
• Removal of all four existing pork-chop islands to implement bulb-outs and Class IV raised bike lanes.
• Signal modifications, including the replacement of existing signal poles and associated mast arms and streetlights, and signal improvements.

Additional public improvements, funded directly by the P ermittee, include the construction of two new public streets that would serve the project with ADA curb SAW:DHZ:KMF
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ramps, bulbouts, and street trees and the construction of new 12 -foot-wide sidewalks along Cozy Drive and Glider Drive.

Additionally, the project provides 11 affordable units for low-income households making 80% or below of the County’s Average Median Income. This project, therefore, provides a benefit in affordable housing, but does not provide neighborhood-serving commercial space or additional park contributions.

However, the project does provide a new 0.68- gross-acre privately -owned publicly-accessible park. The project is also required to implement a TDM Plan, separate from the Density Bonus incentive/concession requested. The project would replace an underutilized school building with residential development to comply with the City’s Reach Code and Green Building Ordinance. The project also promotes the utilization of existing urban infrastructure and services. The City is unable to require a fiscal and jobs/housing balance impact study for the project since only a Site Development Permit is required; no recycled water is available for the site; and the City is limited by Section 65905.5(a) in the amount of community engagement that can be required for a Site Development Permit.

3. Are consistent with any applicable area plan(s) and policies.

Analysis: There are no applicable area plans for the subject property .

Nevertheless, as a Builder’s Remedy project under Section 65589.5(h)(11), the project is deemed consistent with all applicable plans and policies pursuant to Section 65589.5(f)(6)(D)(iii).

Conclusion: The project is consistent with applicable City Council policies to the extent allowed under the Housing Accountability Act.
d. The interrelationship between the orientation, location, and elevations of proposed buildings and structures and other uses on- site are mutually compatible and aesthetically harmonious.
e. The orientation, location and elevation of the proposed buildings and structures and other uses on the site are compatible with and are aesthetically harmonious with adjacent development or the character of the neighborhood.

Analysis: Findings (d) and (e) do not include objective quantifiable criteria and therefore may not be considered in the approval of this Site Development Permit.

Furthermore, the City Council does not find that approval of the project will be contrary to state or federal law, or that the project will result in a significant impact to the public health and safety in accordance with Government Code Section 65589.5.

Nevertheless, the project consists of the construction of single-family houses in an existing neighborhood that is also developed entirely with single-family houses. f. The environmental impacts of the project, including but not limited to noise, vibration, dust, drainage, erosion, storm water runoff, and odor which, even if insignificant for SAW:DHZ:KMF
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purposes of the California Environmental Quality Act ( “CEQA”), will not have an unacceptable negative affect on adjacent property or properties.

Analysis: This project will be required to adhere to standard environmental conditions, including for construction-related air quality, water quality, and noise. The project is 100% residential, which is not considered a source of noise and odor, and the project must adhere to standard building and grading permit conditions, including drainage, erosion, and stormwater runoff. The project does include extended construction hours on Saturdays from 8:00 AM to 5:00 PM, which was analyzed in the associated Environmental Impact Report. As conditioned in this Site Development Permit Resolution, a Construction Disturbance Coordinator shall be appointed and will be required to respond to concerns from neighboring residents and businesses. Therefore, with these conditions, and the implementation of a mitigation monitoring and reporting plan, the project would not have an unacceptable negative effect on adjacent properties.

California Environmental Quality Act.

The City of San José, as the lead agency for the proposed project prepared an Environmental Impact Report (“EIR”) in compliance with CEQA. The Glider Residential Project’s Draft EIR (“DEIR”) was circulated for public review and comment for 45 days, from January 9 to February 23, 2026. A First Amendment to the Draft EIR was prepared that provided responses to public comments submitted during the public circulation period and revisions to the text of the DEIR. The First Amendment together with the Draft EIR constitute the Final Environmental Impact Report (“FEIR”) for the proposed project.

Summary of Environmental Impacts Reduced to Less than Significant with Mitigation
The DEIR identified potential environmental impacts to air quality, cultural resources, hazards and hazardous materials, noise, and tribal cultural resources.

With implementation of the mitigation measures specified in the Mitigation Monitoring and Reporti ng Program ( “MMRP”) prepared for the project, these impacts are reduced to less than significant levels. As part of the certification of the FEIR, the City Council will need to approve the associated MMRP for the project.

Summary of Environmental Impacts Determined to be Significant and Unavoidable The DEIR found that the project would result in significant and unavoidable impacts to greenhouse gas emissions and transportation due to the proposed project’s location in an immitigable VMT area, pursuant to City Council Policy 5-1. City staff calculated the project's unmitigated VMT is 19.52 vehicle miles traveled per capita.

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transportation consultant (detailed below), the project can reduce that number to

17.04 VMT per capita. However, the City's residential VMT threshold is set at 11.39 VMT per capita, resulting in 5.65 VMT per capita that remains unmitigated.

The project includes a TDM Plan to mitigate the VMT impact. The TDM Plan would consist of the project proponent implementing a comprehensive list of TDM measures aimed at reducing the project VMT impact to the extent possible, including a school pool program, a Safe Routes to School program, and a voluntary travel behavior change program.

Since the VMT impact cannot be mitigated to a less than significant level, the project proponent shall also be required to pay the VMT Impact Overriding Offset payment as calculated for the proposed 80 residential units. In lieu of paying the VMT Impact Overriding Offset payment, the project proponent may also elect to construct physical improvements at the Santa Teresa Boulevard and Snell Avenue intersection prior to issuance of building occupancy permits. The project proponent has elected not to implement physical transportation system improvements, including the removal of all four existing pork-chop islands to implement bulb-outs and Class IV raised bike lanes, and signal improvements, and has instead agreed to pay the full VMT offset value of $4,055,796.

Development of the project would also result in additional resource consumption and would contribute to additional greenhouse gas emissions (“GHG”), leading to global warming. The proposed project would conflict with several General Plan and Municipal Code policies and regulations aimed at improving air quality and transportation which would also result in co-benefits with reducing GHG emissions.

The proposed land use and its associated GHG emissions were not envisioned in the City’s Greenhouse Gas Reduction Strategy (“GHGRS”). The proposed project would result in higher emissions than the existing land use and is not consistent with the GHG emission projections in the GHGRS. Therefore, the project was evaluated against the design elements in Criterion A of the Bay Area Air Di strict’s (“District”) 2022 GHG Significance thresholds. The project would satisfy three of the four design elements as outlined in the Air District GHG threshold Criterion A, but since the proposed project is inconsistent with the VMT design element, the proposed project would have a significant and unavoidable impact to greenhouse gas emissions per Air District GHG threshold Criterion A.

Pursuant to CEQA Guidelines Section 15093, a Statement of Overriding Considerations must be adopted with findings that the specific economic, legal, social, technological, or other benefits, including region- wide or statewide environmental benefits, of a proposed project outweigh the unavoidable adverse environmental effects if an environmentally superior alternative is not chosen.

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Alternatives
The Draft EIR evaluated three selected project alternatives, the No Project, Reduced Density/Increased Park Acreage Alternative that would produce less residential units and a larger park, and the Reduced Trip Generation Alternative that would further reduce residential units on the subject property, in accordance with CEQA Guidelines Section 15126.6. Alternatives that were considered but rejected include the Adaptive Reuse Alternative, Location Alternative and the Development Under Existing Designations Alternative.

The No Project Alternative would avoid all project impacts; however, CEQA Section 15126.6(e)(2) requires that when the no- project alternative is the environmentally superior alternative, another alternative shall be identified. The Reduced Trip Generation Alternative would be the environmentally superior alternative beyond the no-project alternative because it would reduce the amount of ground disturbance, construction time and number of new residential units from the proposed project. The Reduced Density A lternative would still be required to implement all identified mitigation measures (except for the transportation mitigation measure) and Standard Permit Conditions identified for the proposed project. As a result, the impacts to air quality, cultural resources, hazards and hazardous materials, noise and tribal cultural resources would be reduced to a less than significant level consistent with the proposed project. The significant and unavoidable impacts to greenhouse gas emissions and transportation would be avoided under this alternative, as the residential unit count would be below the screening levels for City Council Policy 5-1 and would be presumed to have a less than significant VMT impact.

DEIR Circulation Comments
The City received 54 written comment letters during the public circulation period.

Comments were submitted by five agencies and organizations and 47 members of the public. The main concerns raised by commenters are as follows:
• Traffic Impacts
• Recreation and Open Space
• Utilities and Service Systems
• Increased Density and Visual Impacts
• Tree Removals and Replacements
• Emergency Evacuation and Response
The City responded to all comments received on the Draft EIR and incorporated them into the First Amendment to the Draft EIR. None of the comments received SAW:DHZ:KMF
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address an issue of adequacy of the Draft EIR and no new mitigation measures are required. EIR text revisions were included in the First Amendment to address clarifications to text of the Draft EIR and other suggested text revisions from commenters.

DEIR Circulation Unnecessary
Staff responded to the comments and questions received during the public circulation period for the DEIR in the First Amendment. None of the comments raised represent new significant information that would warrant recirculation of the Draft EIR pursuant to CEQA Guidelines Section 15088.5(a). The recirculation of an EIR is required when significant new information is added to the EIR after public notice is given of the availability of the Draft EIR for public review but before certification. “Information” ca n include changes in the project or environmental setting as well as additional data or other information. New information added to a Draft EIR is not “significant” unless the Draft EIR is changed in a way that deprives the public of meaningful opportunity to comment on a substantial adverse environmental effect of the project or a feasible way to mitigate or avoid such an effect (CEQA Guidelines Section 15088.5).

The EIR concluded that the proposed project would result in significant and unavoidable environmental impacts to greenhouse gas emissions and transportation from VMT. No other significant and unavoidable impacts would occur to resource areas under CEQA with implementation of identified mitigation measures. The project includes an MMRP to lessen the identified impacts in the following resource areas to a less than significant level: Air Quality, Cultural Resources, Hazards and Hazardous Materials, Noise, and Tribal Cultural Resources. The MMRP also identifies mitigation measures for Greenhouse Gas Emissions and for Transportation to reduce impacts but not below less than significant levels. Therefore, the EIR that was prepared for the project is the correct clearance for the project under CEQA.

The Final EIR, including the DEIR, First Amendment to the DEIR, and other related environmental documents were posted to the City’s website on August 14 , 2026, and all commenters were notified via email of the document’s availability. The DDEIR and First Amendment are available for public review on the City’s website:
https://www.sanjoseca.gov/your-government/departments-offices/planning- building-code-enforcement/planning-division/environmental- planning/environmental-review/active-eirs/glider-residential-project. g. Landscaping, irrigation systems, walls and fences, features to conceal outdoor activities, exterior heating, ventilating, plumbing, utility and trash facilities are sufficient to maintain or upgrade the appearance of the neighborhood.

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Analysis: The above finding does not include objective quantifiable criteria and therefore may not be considered in the approval of this Site Development Permit.

Furthermore, the City Council does not find that approval of the project will be contrary to state or federal law, or that the project will result in a significant impact to the public health and safety in accordance with Government Code Section 65589.5. Nevertheless, the project includes landscaping in the front setback areas and along all public street frontages. Fencing is proposed for all houses. Individual trash bins will be provided for each unit, and trash bin staging areas are identified on the project plans to ensure there is adequate space for pick-up operations. h. Traffic access and pedestrian access are adequate.

Analysis: Vehicular access to the subject property is provided from two existing public streets (Cozy Drive and Glider Drive) and two newly constructed public streets. The project is conditioned to construct improvements, including a five-foot- wide and seven-foot-wide landscape buffer along Cozy Drive and Glider Drive. The two newly constructed public streets are designed with a 36-foot-wide travel lane, five-foot-wide landscape buffer, and four -foot-wide sidewalk. The project will also fund off-site transportation improvements including removing all four existing pork- chop islands to implement bulb- outs and Class IV raised bike lanes and signal modifications at the intersection of Santa Teresa Boulevard and Snell Avenue.

5. State Density Bonus Law Requests and Findings. In accordance with Government Code Section 65915, the project includes an application under State Density Bonus Law. The project provides 11 units ( 13% of the project total) for low -income households earning up to 8 0% AMI. The project is not requesting a density bonus.

However, the project includes a request for one incentive/concession and multiple waivers.
a. Incentive/Concession 1 – TDM Plan Implementation: Chapter 20.90, Part 9 of the Zoning Code requires projects consisting of greater than 16 detached single-family houses to implement a TDM Plan.

Analysis: A draft TDM Plan was prepared to demonstrate a cost savings for granting an incentive/concession. The draft plan identified costs related to bicycle and pedestrian network improvements (approximately $320,000), provision of transit subsidies (approximately $74,880 annual cost), and vanpool incentives (approximately $45-$60 per month). Therefore, not implementing the TDM Plan would result in a direct and identifiable cost savings and the incentive/concession may be granted. It is noted that this concession is for the zoning code requirement only, and the project is still required to implement a TDM Plan in order to mitigate VMT impacts to the maximum extent feasible.
b. Waiver 1 – Minimum Lot Area: Section 20.30.200, Table 20-60 of the Zoning Code requires a minimum lot area of 5,445 square feet. The subdivision proposes lot areas as low as 1,980 square feet.

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c. Waiver 2 – Lot Area and Width : Section 19.36.170 of the Subdivision Code requires a minimum lot area of 6,000 square feet and a minimum average lot width of 55 feet. The subdivision proposes lot areas as low as 1,980 square feet and lot widths as low as 32 feet.
d. Waiver 3 – Lot Frontage: Section 19.36.200 of the Subdivision Code requires a minimum lot frontage of 55 feet on a street. The subdivision proposes lot frontages as low as 33 feet.
e. Wavier 4 – Front Setback: Section 20.30.200, Table 20- 60 of the Zoning Code requires a minimum 20-foot front setback. The project proposes 10-foot minimum front setbacks.
f. Waiver 5 – Side Interior Setback: Section 20.30.200, Table 20- 60 of the Zoning Code requires a minimum 5-foot side interior setback. The project proposes 5-foot minimum side interior setbacks.
g. Waiver 6 – Side Corner Setback: Section 20.30.200, Table 20- 60 of the Zoning Code requires a minimum 12.5-foot side corner setback. The project proposes 10- foot minimum side corner setbacks.
h. Waiver 7 – Rear Interior Setback: Section 20.30.200, Table 20- 60 of the Zoning Code requires a minimum 20- foot rear interior setback. The project proposes 10- foot minimum rear interior setbacks.
i. Waiver 8 – Rear Corner Setback: Section 20.30.200, Table 20- 60 of the Zoning Code requires a minimum 20- foot rear corner setback. The project proposes 10- foot minimum rear corner setbacks.

Analysis for Waivers 1- 8: Prior to the application of Builder’s Remedy, t he maximum permitted residential density for the subject property is 8 DU/AC. The project proposes a residential density of 8.41 DU/AC. If the project were to adhere to the maximum residential density prior to the application of Builder’s Remedy and the applicable development standards of Title 19 (Subdivision Ordinance) and Title 20 (Zoning Ordinance), the maximum number of units allowed would be 76.

Therefore, as the project consists of 80 units, adhering to the above development standards would result in a loss of four units, and the waivers may be granted.

Chapter 20.190.090 of the San José Municipal Zoning Code requires that any project with a Density Bonus, incentives, or development standard waivers must make the following findings:
a. The Housing Development is eligible for a Density Bonus and any Incentives, waivers or modifications requested.

Analysis: The project provides at least 13% of units to low -income households, and is therefore eligible for a density bonus, incentives, and waivers under Section 65915(b)(1)(B).

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b. If the Density Bonus is based all or in part on donation of land, a finding that all the requirements for a land transfer Density Bonus that are specified in the State Housing Density Bonuses and Incentives Law have been or will be met.

Analysis: The Density Bonus is not based all or in part on donation of land. c. If the Density Bonus or Incentive request is based all or in part on the inclusion of a Child Care Facility, a finding that all of the requirements for a Child Care Facility Density Bonus that are specified in the State Housing Density Bonuses and Incentives Law have been or will be met.

Analysis: There is no Child Care facility.
d. If the Incentive request is for a Mixed- Use development, a finding that all the requirements for a Mixed- Use Incentive development approval that are specified in the State Housing Density Bonuses and Incentives Law have been or will be met.

Analysis: This is a 100% residential development.
e. If the Incentive includes a request for approval of condominium conversion, a finding that all the requirements for a condominium conversion Incentive that are specified in the State Housing Density Bonuses and Incentives Law have been or will be met.

Analysis: The project does not include request for approval of a condominium conversion.

6. Demolition Findings. Per Section 20.80.460 of the Municipal Code, prior to the issuance of any Development Permit which allows for the demolition, removal or relocation of a Building, the approval authority shall determine whether the benefits of permitting the demolition, removal or relocation outweigh the impacts of the demolition, removal or relocation. In making such a determination, the following factors shall be considered:
a. The failure to approve the permit would result in the creation or continued existence of a nuisance, blight or dangerous condition; b. The failure to approve the permit would jeopardize public health, safety or welfare;
Analysis (a and b) : The property contains no nuisance, blight, or dangerous conditions. It would be speculative to conclude that failure to approve the permit would result in the creation of nuisance, blight, or dangerous conditions, or jeopardize the public health, safety, or welfare.
c. The approval of the permit should facilitate a project which is compatible with the surrounding neighborhood;
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Analysis: The approval of the permit facilitates a project compatible with the surrounding neighborhood, in that it is a single -family development on a property entirely surrounded by single- family houses.
d. The approval of the permit should maintain the supply of existing housing stock in the City of San José;
Analysis: Approval of the permit increases the supply of existing housing stock in the City of San José. There is no existing occupied housing stock on the subject property, and the proposal would result in 80 new units. e. Both inventoried and non- inventoried buildings, sites and districts of historical significance should be preserved to the maximum extent feasible; Analysis: No historical structures, nor any sites and districts of historical significance, are on the subject property .
f. Rehabilitation or reuse of the existing building would not be feasible; and Analysis: Rehabilitation or reuse of accessory buildings to baseball fields are not feasible for a residential development.
g. The demolition, removal or relocation of the building without an approved replacement building should not have an adverse impact on the surrounding neighborhood.

Analysis: Replacement structures would be approved, and this Site Development Permit includes a stipulation that the existing structures could not be demolished prior to submittal of a building or grading permit for the replacement building, or prior to satisfying all required pre-demolition mitigation measures per the EIR.

7. Tree Removal Findings. Chapter 13.32 of the San José Municipal Code establishes at least one of the required findings must be made for issuance of a Live Tree Removal Permit for ordinance-size trees.
a. That the condition of the tree with respect to disease, danger of falling, proximity to an existing or proposed structure, and/or interference with utility services, is such that preservation of the public health or safety requires its removal.

Analysis: Based on the Arborist Report prepared by HortScience Bartlett Consulting (Scott Stringer ISA Certified Arborist #WE -554A) dated July 31, 2025, 48 trees are to be removed to accommodate the construction of the project. Of the trees to be removed, 18 are ordinance-size and 30 are non- ordinance-size. The findings above are only required to be made for the ordinance-size trees.

The ordinance-size trees to be removed are five Coast Redwoods, four Deodar Cedars, four Mulberry, two Hollywood Junipers, one Callery Pear, one Incense Cedar, and one Canary Island Pine. All trees to be removed are located within the footprint of the proposed buildings or within the areas required for site circulation (new public streets and sidewalks).

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Additionally, 30 non-ordinance-size trees can be removed without findings. The non-ordinance-size trees to be removed include seven Deodar Cedars, five Mulberry, four Accolade Elms, four Crape Myrtles, three Coast Redwoods, two Glossy Privets, two Chinese Pistache, one Callery Pear, one Chinese Tallow, and one Hollywood Juniper.

The City’s Tree Replacement ratio is shown below. Pursuant to the above categorization of trees, the project requires 132 replacement 15-gallon trees to mitigate the removed trees. 18 trees are required to be replaced at a 4:1 ratio and 30 trees are required to be replaced at a 2:1 ratio. The project plans indicate the planting of 159 trees which are 24-inch box or larger, equivalent to 318 15-gallon trees, to comply with the tree replacement requirement.

An offsite tree replacement in- lieu fee, at $775 per tree, will be incurred if the required tree replacement is not met. Proof of tree replacement planting is required. The Permittee shall provide appropriate evidence such as, but not limited to, photographs and/or receipts to the City’s Planning Project Manager of the replacement tree to verify compliance with the tree mitigation requirement. Such evidence shall be sent to the Planning Project Manager, as conditioned in this Site Development Permit Resolution.

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
x:x = tree replacement to tree loss ratio
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 required for removal of trees of any size.

A 38-inch tree equals 12.1 inches in diameter.

A 24-inch box tree = two 15-gallon trees
If there is insufficient area on the project site to accommodate the required replacement trees, one or more of the following measures shall be implemented, to SAW:DHZ:KMF
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the satisfaction of the Director of Planning, Building and Code Enforcement or Director’s designee. Changes to an approved landscape plan requires the issuance of a Permit Adjustment or Permit Amendment.
• 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. • Pay Off-Site Tree Replacement Fee(s) to the City, prior to the issuance of building permit(s), in accordance with the City Council approved Fee Resolution in effect at the time of payment. The City will use the off-site tree replacement fee(s) to plant trees at alternative sites.

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

APPROVED SUBJECT TO THE FOLLOWING CONDITIONS:

1. Acceptance of Permit. Per San José Municipal Code Section 20.100.290(B), should Permittee fail to file a timely and valid appeal of this Permit within the applicable appeal period, such inaction by the Permittee shall be deemed to be constitute all of the following on behalf of the Permittee:
a. Acceptance of the Permit by the Permittee; and
b. Agreement by the Permittee to be bound by, to comply with, and to do all things required of or by the Permittee pursuant to all of the terms, provisions, and conditions of this permit or other approval and the provisions of Title 20 applicable to such Permit.

2. Permit Expiration. This Site Development Permit shall automatically expire two (2) years from and after the date of issuance hereof by the City Council, if within such time period, the proposed use of the site or the construction of buildings (if a Building Permit is require d) has not commenced, pursuant to and in accordance with the provision of this Permit. The date of issuance is the date this Permit is approved by the City Council. However, the Director of Planning, Building and Code Enforcement may approve a Permit Adjustment/Amendment to extend the validity of this Permit in accordance with Title 20. The Permit Adjustment/Amendment must be approved prior to the expiration of this Permit. To the extent the time period expressed in Condition 3 is longer than the time period available under this condition, the time period in Condition 3 shall govern the expiration of this Permit.

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3. Senate Bill 330 Expiration. The Project is subject to vesting pursuant to SB 330 as of June 2, 2023 (“SB 330 Vesting Date”). The Senate Bill 330 Vesting shall automatically expire two (2) and one half years from and after the date of issuance of the “final approval” for the Project as defined by and pursuant to California Government Code Section 65589.5(o)(2)(D), if within such time period, the Project has not “commenced construction”, as that term is defined and interpreted pursuant to California Government Code Section 65589.5(o)(2)(D). For the purposes of clarity, if “construction” is “commenced” within such two and one- half year period under SB 330, this Permit shall not expire.

4. Building Permit/Certificate of Occupancy. Procurement of a Building Permit and/or Certificate of Occupancy from the Building Official for the structures described or contemplated under this Permit shall be deemed acceptance of all conditions specified in this Permit and the Permittee's agreement t o fully comply with all of said conditions. No change in the character of occupancy or change to a different group of occupancies as described in the Building Code shall be made without first obtaining a Certificate of Occupancy from the Building Official , as required under San José Municipal Code Section 24.02.610, and any such change in occupancy must comply with all other applicable local and state laws.

5. 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.

6. Conformance to Plans. The development of the subject property and all associated development and improvements shall conform to the approved Site Development Permit plans entitled, “COZY DRIVE San Jose, CA” dated January 5, 2026, on file with the Department of Planning, Building and Code Enforcement as may be amended subject to City’s approval per Condition 7, below, and to the San José Building Code (San José SAW:DHZ:KMF
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Municipal Code, Title 24), as amended. The plans are referred to herein as the “approved plans” or the “Approved Plan Set.”

7. Revisions to the Approved Project. Consistent with Government Code Sections 65589.5, 65915, 65941.1, and 66007 (the “State Housing Laws Applicable to Builder’s Remedy Projects”), changes to the approved Site Development Plans entitled “COZY DRIVE San Jose, CA” dated January 5, 2026, on file with the Department of Planning, Building, and Code Enforcement (the “Approved Plans”) that qualify under a Permit Adjustment pursuant to Section 20.100.500 of the Zoning Code, and are consistent with applicable objective standards that are in effect as o f the SB 330 Vesting Date and legally applicable to the project, shall be approved ministerially by the Department of Planning, Building and Code Enforcement. All other Amendments to the project shall be approved in the same manner as the original permit, and shall be approved provided the changes are consistent with the objective standards that are legally applicable to the project as of the SB 330 Vesting Date (June 2, 2023), during the time period expressed in Condition 3. Revisions shall not be subject to a greater level of scrutiny, discretion, or process than the original entitlements.

8. Demolition Permit. A demolition permit may be issued for the existing buildings only upon the submittal of a complete Public Works Grading Permit application or the submittal of a complete Building Permit application for new construction. All relevant CEQA Mitigation measures or Housing Department requirements, except as modified by the State Housing Laws Applicable to Builder’s Remedy Projects , must be complete prior to any demolition activity.

9. Density Bonus Regulatory Agreement. Prior to the issuance of the first Building Permit for new construction, the Permittee shall submit a Permit Adjustment Application and enter into a Density Bonus Regulatory Agreement with the City. The final Regulatory Agreement, as amended and as approved by the City Attorney and by the Director of Planning, Building, and Code Enforcement, shall be recorded in the Office of the County Recorder by the City. This Permit shall take effect upon the date of recordation of the Density Bonus Regulatory Agreement in the form approved by the City and shall have no force and effect prior to that date. The City’s review and approval of the Density Bonus Regulatory Agreement shall be subject to the State Housing Laws Applicable to Builder’s Remedy Projects. Review and approval shall not be subject to a greater level of scrutiny or discretion than the original entitlements.

10. Nuisance. This use shall be operated in a manner which does not create a public or private nuisance, as specifically defined in the legally applicable, objective language of the City’s Municipal Code. Any such nuisance must be abated immediately upon notice by the City of San José.

11. 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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12. Outdoor Storage. No outdoor storage is allowed or permitted unless designated on the Approved Plan Set, consistent with Municipal Code Section 17.72.570.

13. Utilities. All new on-site telephone, electrical, and other service facilities shall be placed underground as allowed by the relevant utility companies and approved by the Department of Public Works.

14. Anti-Graffiti. All graffiti shall be removed from buildings and wall surfaces, including job sites for projects under construction, consistent with any time periods set forth in the legally applicable, objective language of San José Municipal Code Title 9.

15. Anti-Litter. To the extent consistent with the legally applicable, objective language of San José Municipal Code Title 9, the subject property and surrounding area shall be maintained free of litter, refuse, and debris. Cleaning shall include keeping all publicly used areas free of litter, trash, cigarette butts, and garbage.

16. No Sign Approval. Any signage shown on the Approved Plan Set is conceptual only. No signs are approved at this time. Any signs shall be subject to review and approval by the Director of Planning, Building, and Code Enforcement through a subsequent Permit Adjustment.

17. Building and Property Maintenance. The property shall be maintained in good visual and functional condition. This shall include, but not be limited to, all exterior elements of the buildings such as paint, roof, paving, signs, lighting, and landscaping.

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

19. Extended Construction Hours. This Permit allows extended construction hours on Saturdays from 8:00 AM to 5:00 PM. All weekday construction is limited to the hours of 7:00 AM to 7:00 PM, Monday through Friday.

20. No Generators Approved. This Permit does not include the approval of any stand- by/backup electrical power generation facility. Any future stand-by/backup generators would require the P ermittee to secure appropriate permits and conform to the regulations of Title 20 of the Municipal Code, except as modified by the State Housing Laws Applicable to Builder’s Remedy Projects. Review and approval shall not be subject to a greater level of scrutiny or discretion than the original entitlements.

21. Construction Disturbance Coordinator . Rules and regulations pertaining to all construction activities and limitations identified in this Permit, along with the name and telephone number of a Permittee-appointed disturbance coordinator, shall be posted in a prominent location at the entrance to the job site.

22. Privately-Owned Publicly-Accessible Open Space. The approximately 0.68-gross- acre park located on the property (as referenced on the approved Plan Set) will be a privately owned, publicly accessible park . The park shall be an area designated for SAW:DHZ:KMF
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use by the general public while owned and maintained by a private owner, as described by the following:
a. Permittee (including property owners and successors in interest of Permittee or property owner) providing this publicly accessible open space shall, to the fullest extent permitted by law, hold harmless and indemnify the City of San José, its officers, agents and employees, from any and all damage or injury caused in any manner by the design, construction, use, or maintenance of the open space; and Permittee (including property owners and successors in interest of Permittee or property owner) shall be solely liable for any and all damage or loss occasioned by any act or negligence in respect to the design, construction, use, or maintenance of the open space.
b. Maintenance - Open spaces shall be maintained at no public expense. Permittee (including property owners and successors in interest of Permittee or property owner) for the property on which the open space is located shall maintain the open space by keeping the area clean and free of litter and keeping in a healthy state any plant material that is provided for the life of the publicly accessible open space and subject project.
c. Park Hours of Operation – The privately owned, publicly accessible open space shall remain open and unobstructed to public pedestrians from sunrise to one hour after sunset.
d. Security – The Permittee (including property owners and successors in interest of Permittee or property owner) shall put in place and maintain appropriate security and safety measures including, but not limited to, adequate lighting for nighttime visibility and textured or minimal slip paving.
e. Wayfinding Signage – The Permittee (including property owners and successors in interest of Permittee or property owner) shall install and maintain in good condition wayfinding signage that is clearly readable and visible from the public street or public sidewalk at every entry to the park within 20 feet of the public right- of-way. Signage shall include hours of operation.

23. Landscaping Conditions
a. Timing of Tree Removals. Trees that are proposed for removal to accommodate new development shall not be removed until the related complete Public Works Grading Permit Application or Building Permit Application has been filed. b. Tree Protection Standards. The Permittee shall maintain the trees and other vegetation shown to be retained in this project and as noted on the Approved Plan Set. Maintenance shall include pruning and watering as necessary and protection from construction damage. Prior to the removal of any tree on the subject property, all trees to be preserved shall be permanently identified by metal numbered tags.

Prior to issuance of the Grading Permit or removal of any tree, all trees to be saved SAW:DHZ:KMF
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shall be protected by chain link fencing, or other fencing type approved by the Director of Planning, Building and Code Enforcement . Said fencing shall be installed at the dripline of the tree in all cases and shall remain during construction.

No storage of construction materials, landscape materials, vehicles or construction activities shall occur within the fenced tree protection area. Any root pruning required for construction purposes shall receive prior review and approval and shall be supervised by the consulting licensed arborist. Fencing and signage shall be maintained by the Permittee to prevent disturbances during the full length of the construction period that could potentially disrupt the habitat or trees. c. Tree Replacement Enforcement. Failure to plant trees in conformance with the Approved Plan Set may be subject to in-lieu fees for trees not planted, which during the time period set forth in Condition 3, shall be set at the amount applicable as of June 2, 2023.
d. Verification of Payment and/or Planting of Replacement Tree(s). After payment of the in-lieu fee and/or the planting of required replacement trees on- site, the Permittee shall provide appropriate evidence such as, but not limited to, photographs and/or receipts to the Planning Project Manager to verify compliance with the mitigation requirements. Such evidence shall be uploaded to www.sjpermits.org using these instructions: (1) how to set up an account:
https://www.sanjoseca.gov/business/development-services-permit-center/online- permits-at-sjpermits-org, and (2) how to upload
https://www.sanjoseca.gov/home/showpublisheddocument/88853/638088605255 430000. Such evidence shall also be e-mailed to the Planning Project Manager and labeled File No. H23-028.
e. Replacement Tree Failure. On-site tree replacement trees that fail within three years after planting shall be promptly replaced per Section 13.32.110.E of the San José Municipal Code.
f. Landscaping. Planting and irrigation are to be provided by the Permittee, as indicated, on the final Approved Plans.
g. Irrigation Standards. Irrigation shall be installed in accordance with Part 3 of Chapter 15.11 of Title 15 of the San José Municipal Code, Water Efficient Landscape Standards for New and Rehabilitated Landscaping, the City of San José Landscape and Irrigation Guidelines and the Zonal Irrigation Plan in the Approved Plans, as applicable. The design of the system shall be approved and stamped by a California Registered Landscape Architect.
h. Certification. Pursuant to San José Municipal Code, Section 15.11 .1050, certificates of substantial completion for landscape and irrigation installation shall be completed by a licensed or certified professional and provided to the Department of Planning, Building and Code Enforcement prior to approval of the final inspection of the project, as applicable.

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i. Common Area Landscaping. All landscaping in common areas shall be maintained by a Homeowner’s Association, Maintenance Agreement, or other similar entity.

24. No Tract Sales Office/Model Homes Approved. This Permit does not include the approval of a tract sales office/model homes complex. Said use shall require a Permit Adjustment approved by the Director of Planning, Building, and Code Enforcement.

25. Homeowner’s Association. Prior to Final Map recordation, a Homeowner’s Association shall be established for maintenance of all common areas, including but not limited to private streets, pedestrian walkways, easements, landscaping (including landscaping in the public right -of-way that is not already in a maintenance district), driveways/courtyards, and any common open space areas. A copy of the Development Permit and/or Tentative Map Permit, the accompanying Approved Plans, any approved Amendments or Adjustments, and a complete set of approved building and all improvement plans shall be provided to the Homeowner’s Association by the Permittee no later than 30 days upon completion of each construction phase.

26. Maintenance Agreement in Lieu of Homeowners Association. If the Permittee elects a Maintenance Agreement to be established in lieu of a Homeowners Association for the maintenance of common improvements, including streets, sidewalks, landscaping, utilities, and stormwater improvements, said agreement shall address the adequate funding, provision, and maintenance of common improvements by the property owners, and shall include adequate provisions for enforceability during the life of the development and to the satisfaction of the Director of Planning, Building, and Code Enforcement. Said agreement shall be recorded concurrently with the final subdivision map.

27. Green Building Requirements. This development is subject to the City’s Green Building Ordinance for Private Sector New Construction as set forth in San José Municipal Code Section 17.84. Prior to the issuance of any shell permits, or complete building permits, for the construction of buildings approved through the scope of this Permit, the Permittee shall pay a Green Building Refundable Deposit. In order to receive a refund of the deposit, the project must achieve the minimum requirements as set forth in San José Municipal Code Section 17.84. The request for the refund of the Green Building Deposit together with evidence demonstrating the achievement of the green building standards indicated in San José Municipal Code Section 17.84 shall be submitted within a year after the building permit expires or becomes final, unless a request for an extension is submitted to the Director of Planning, Building, and Code Enforcement in accordance with Section 17.84.30 5(D) of the San José Municipal Code.

28. Recycling. To the extent consistent with the legally applicable, objective language of Title 9 and requirements under state and federal laws, scrap construction and demolition material shall be recycled. Integrated Waste Management staff at (408) SAW:DHZ:KMF
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535-8550 can provide assistance on how to recycle construction and demolition debris from the project, including information on available haulers and processors.

29. Bureau of Fire Prevention Clearance for Issuing Permits. Prior to the issuance of a Building Permit for new construction, the project must comply with the California Fire Code, as may be amended or updated by the City, and which shall be applied consistent with State Housing Laws Applicable to Builder’s Remedy Projects.

30. Building Division Clearance for Issuing Permits. Prior to the issuance of any Building permit, the following requirements shall be met to the satisfaction of the Chief Building Official:
a. Construction Plans. This Permit file number, H23- 028, shall be printed on all construction plans submitted to the Building Division.
b. Americans with Disabilities Act. The Permittee shall provide appropriate access as required by the Americans with Disabilities Act (ADA). c. Construction Plan Conformance. A project construction plan conformance review by the Planning Division is required. Planning Division review for project conformance will begin with the initial plan check submittal to the Building Division.

Prior to any Building Permit issuance, Buil ding Permit plans shall conform to the approved Planning development permits and applicable conditions. d. Common Interest Development. Prior to issuance of any certificate of occupancy, or release for occupancy, the Permittee shall provide a self -certified statement to the satisfaction of the City’s Chief Building Official that the project, as constructed, meets the City of San José Common Interest Development standards. e. Project Addressing Plan. Prior to issuance of a Building Permit for new construction, the following requirements shall be met to the satisfaction of the Chief Building Official: The Permittee shall submit an addressing plan for approval for the subject development (residential, m ixed use, complex commercial or industrial). The addressing plan should include proposed street names for the streets (as referenced on an approved tentative map) and the type of addressing (i.e., individual street addresses as compared to unit number off of a primary street).

31. Housing Department Conditions Under the Inclusionary Housing Ordinance and Builder’s Remedy Law. Residential Developments proposing to construct or modify ten (10) or more residential units are subject to the Inclusionary Housing Ordinance (“IHO”), which shall be applied consistent with State Housing Laws applicable to Builder’s Remedy Projects, and must submit an Affordable Housing Compliance Plan (“AHCP”).
a. Conditions of Approval for the Alternative Methods Compliance of the Build On Site Option. The Applicant has received approval to comply with the IHO through the Alternative Methods Compliance option pursuant to San José SAW:DHZ:KMF
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Municipal Code Section 5.08.500(A) and AB 1893 (Builder's Remedy), by providing 11 for sale units (approximately 15% of base units) deed- restricted to a period of 45 years. All units will be made available for purchase at an Affordable Housing Cost to lower income households.

All projects subject to the IHO that select to provide Inclusionary Units must comply with the following timing of construction and Inclusionary Unit standards pursuant to the IHO and IHO Guidelines:
i. Completion of Inclusionary Units prior to or at the same time as Market Rate Units in the same Residential Development ("Market Rate Units"); ii. Dispersal throughout the Residential Development so as not to create a geographic concentration;
iii. Same exterior design and quality of construction as Market Rate Units; iv. Functionally equivalent parking when parking is provided to Market Rate Units; v. Functionally equivalent interior finishes and features as Market Rate Units; vi. Same amenities, access to common areas, and facilities as Market Rate Units Unit Mix
Unit Type Bedrooms NRSF Affordable
Units
Market
Rate Units
Total
Units
Plan 1 –
Duet
3 1,233 11 5 16
Plan 2 –
Detached
3 1,896 22 22
Plan 3 –
Detached
4 1,949 20 20
Plan 4 –
Detached
4 2,234 22 22
Total Units 11 69 80

b. Actions Required for Housing Department’s Clearance for Building Permit(s) i. Conditions for projects subject to the Inclusionary Housing Ordinance (IHO):

Prior to the first to occur of (a) approval of any final map, (b) approval of any parcel map, or (c) issuance of any building permit for a residential development, if the subject project has been determined to be subject to the IHO, the Inclusionary Housing Agreement must be recorded (senior to all deeds of trust) on the land including all parcels needed to implement the project’s residential SAW:DHZ:KMF
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uses and affordable housing obligation including contiguous property under common ownership and control.
c. Actions Required for Housing Department’s Clearance of Final Inspection and Issuance of Certificate of Occupancy.
i. No Final Inspection Approval, Temporary Certificate of Occupancy, Certificate of Occupancy, or Notice of Completion for any units will be issued until all requirements of the Inclusionary Housing Agreement, Inclusionary Housing Ordinance and Guidelines are met and an unsubordinated deed- restriction is recorded, if applicable.

32. 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 permits, whichever occurs first, the Permittee will be required to have satisfied all of the following Public Works conditions. The Permittee is strongly ad vised to apply for any necessary Public Works permits prior to applying for Building permits. Standard review timelines and submittal instructions for Public Works permits may be found at:
http://www.sanjoseca.gov/devresources.
a. Construction Agreement: The public improvements conditioned as part of this permit require the execution of a Construction Agreement that guarantees the completion of the public improvements in accordance with adopted standards in the City of San Jose Municipal Code Chapters 27.38 and/or 19.32. This agreement includes privately engineered plans, bonds, insurance, a completion deposit, and engineering and inspection fees.
b. Transportation:
i. A Local Transportation Analysis (LTA) has been performed for this project based on a net new 50 AM peak hour trips and a net new 65 PM peak hour trips. See separate Traffic Memo dated 08/05/2026 for additional information.

The following conditions shall be implemented:

1. School Pool Program (TP-01)
a. Implement a School Pool Program to transport students from the development to schools without a bussing program or schools where students cannot walk or bike. It is expected that 100% of residents will participate in the school pool program due to the clos e proximity to the nearby schools.

2. Access to Neighborhood Schools (TP-12)
a. Implement a “Safe Routes to School” plan for students who are walking and biking to and from the nearby schools.

3. Voluntary Travel Behavior Change Program (TP-18)
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a. Provide a program that targets individual attitudes and behavior towards travel and provides information and tools for residents to analyze and alter their travel behavior. All households (100% residents) are expected to be enrolled.

4. On-site TDM Coordinator
a. Provide a TDM plan prior to Planning (Planned Development) Permit approval. Prior to issuance of any building permits, the project applicant shall submit to the Director of Planning, Building, and Code Enforcement ( “PBCE”) or the Directors’ designee a copy of the applicable covenants, conditions, and restrictions ( “CC&Rs”) or other evidence demonstrating that the programmatic measures listed above will be implemented by the homeowner’s association (“HOA”) for the life of the project.
b. After the project is occupied, the HOA must verify that these programmatic measures continue to be implemented for as long as the project is occupied. The HOA must submit a completed TDM Compliance Form and associated administrative fees to the City Department of Transportation as described below. A TDM Compliance Form must include a summary of the following information about the project:
i. Project Size: The number of for -sale/rental, market-rate/affordable, on site/ off- site units and the number of bundled/unbundled/shared parking spaces.
ii. Point of Contact: Provide the property address, the name of the HOA, and the contact person’s name and information.
iii. Documentation of Existing Programmatic Measures: Report all ongoing programmatic TDM measure(s), proof of implementation (as described for each applicable measure in Appendix C to the City’s Transportation Analysis Handbook), and any changes from the original plan or past years.
c. The first submission of the TDM Compliance Form is due within 30 calendar days of the 18- month anniversary of the building permit final inspections. Subsequent annual submissions are also due within 30 calendar days of that date (thereafter, the “Submittal Date”). Upon five consecutive years of complete submittals of the TDM Compliance Forms, the submittal requirement shifts to every three years. If, at any time, the HOA fails to timely submit a TDM Compliance Form or submits evidence that implementation of the programmatic measures is incomplete or has ceased, this relaxed timeline will revert to the annual SAW:DHZ:KMF
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submittal schedule until the project again demonstrates five consecutive years of compliance.
d. If a TDM Compliance Form is not submitted by the Submittal Date in any year in which a submittal is required under this condition, the HOA will incur a fee of $10,000, provided that the City has delivered written notice of non-compliance to the HOA at least 15 days prior to the fee becoming due. If the TDM Compliance Form is still not submitted 90 days after the relevant Submittal Date, the HOA will incur an additional $5,000 fee, for a cumulative total of $15,000 for that submittal period. The same penalties would apply if a submitted TDM Compliance Form includes evidence that implementation of the programmatic measures is incomplete or has ceased.
ii. Pay the VMT Impact Overriding Transportation payment for the proposed 80 residential units prior to issuance of Building Permits. Per Council Policy 5- 1, the 2026 traffic payment is $2,991 per unmitigated VMT per resident (5.65 VMT per capita) and is subject to an annual escalation on January 1 st in line with the
Engineering News-Record Construction Cost Index (ENR CCI). iii. Provide two (2) new 36 -feet full-access roadways accessible via Glider Drive and Cozy Drive per City of San José standards.
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 foot 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 Works 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 lat est California Plumbing Code as adopted under the City of San Jose Municipal Code Section 24.04.100 or submit an engineered design for Public Works approval designed to convey a 10-year storm event in accordance to the City of San Jose Design for Storm Drains design requirements.
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. iv. Because this project involves a land disturbance of one or more acres, the applicant is required to submit a Notice of Intent to the State Water Resources Control Board and to prepare a Storm Water Pollution Prevention Plan SAW:DHZ:KMF
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(SWPPP) for controlling storm water discharges associated with construction activity. Copies of these documents must be submitted to the City Project Engineer prior to issuance of a grading permit.
v. 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 Impact Development (LID) stormwater treatment measures to minimize stormwater pollutant discharges.
i. The project’s Stormwater Control Plan and numeric sizing calculations have been reviewed and this project shall be in conformance with City Policy 6-29. ii. Final inspection and maintenance information on the post -construction treatment control measures must be submitted prior to issuance of a Public Works Clearance.
iii. A post construction Final Report is required by the Director of Public Works from a Civil Engineer retained by the owner to observe the installation of the BMPs and stating that all post construction storm water pollution control BMPs have been installed a s indicated in the approved plans and all significant changes have been reviewed and approved in advance by the Department of Public Works.
iv. Developer shall enter into a deed restriction for stormwater treatment for stormwater facilities located on individual, privately maintained lots. v. A design of the pervious pavement by a Licensed Geotechnical Engineer shall be submitted prior to the issuance of a Public Works Clearance. vi. Execute a Maintenance Agreement between the City of San José and the Owner/Developer for the construction, operation, and maintenance of a proposed bioretention area located within the proposed park. This facility is designed to capture and treat stormwater runoff originating from both private property and the adjacent public right -of-way. The storm drain infrastructure SAW:DHZ:KMF
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and bioretention area located on private property shall be constructed, operated, and maintained at the sole cost and expense of the Owner/Developer. The Owner/Developer shall assume full responsibility and liability for the treatment system and any associ ated pump station for the duration of their operational life, including all required repairs and eventual replacement. The Homeowners Association (HOA) shall be responsible for collecting and managing funds necessary to support the ongoing maintenance and operation of said system.
vii. This project is subject to the requirements of Municipal Regional Permit (MRP)

2.0 since the planning application was submitted prior to July 1, 2023. e. Stormwater Peak Flow Control Measures: The project is located in a Hydromodification Management area but is not increasing the total impervious area so it 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 by the developer, prior to issuance of the Public Improvement Permit.
h. Parks: This residential project is subject to either the requirements of the City’s Park Impact Ordinance (Chapter 14.25 of Title 14 of the San Jose Municipal Code) or the Parkland Dedication Ordinance (Chapter 19.38 of Title 19 of the San Jos é Municipal Code) for the dedication of land and/or payment of fees in- lieu of dedication of land for public park and/or recreational purposes under the “Formula for Dedication of Land” and/or “Schedule of Fees and Credits” contained within in the chapter.
i. Undergrounding: Undergrounding fees are exempt since there are no over-head facilities along the project frontage.
j. Street Improvements:
i. Construct Public Street A and Street B to have a 54’ Right-of-Way (36’ curb- to-curb, 9’ detached sidewalks with parkstrips per City standards). ii. Construct 12’ detached City standard sidewalks with park strips along the Cozy Dr. and Glider Dr. project frontages.

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iii. Construct 16’ maximum wide City Standard driveways along the Cozy Dr., Glider Dr., Street A, and Street B frontages (12’ wide driveway per CSJ standards is allowed as alternative to 16’ wide driveway). iv. Construct bulbouts with directional ADA curb ramps at each corner of the Street A/Street B intersections (4 bulbouts total).
v. Construct bulbouts with directional ADA curb ramps at the northwest and northeast corner of the Street A/Cozy Dr. intersections. vi. Construct bulbouts with directional ADA curb ramps at the northwest and southwest corner of the Street A/Glider Dr. intersection. vii. Construct bulbout with directional ADA curb ramp at the northwest corner of the Cozy Dr./Glider Dr. intersection.
viii. Remove all existing signs and striping related to school operations within the nearby street network (Glider Dr., Cozy Dr., Dunn Ave.). ix. Close unused driveway cut(s).
x. Permittee shall be responsible to remove and replace curb, gutter, and sidewalk along project frontage adjoining Glider Drive and Cozy Drive. xi. Permittee 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 adjoining Glider Drive and Cozy Drive. xii. Dedication and improvement of the public streets, as required, by the Director of Public Works in accordance with adopted standards in the City of San José Municipal Code Chapters 27.38 and/or 19.32.
xiii. 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 in accordance with adopted standards in the Section Chapter 13.36.030, Title 19 and Title 27 of the City of San José Municipal Code. k. Electrical: Existing electroliers along the project frontage will be evaluated at the public improvement stage and any street lighting requirements will be included on the public improvement plans.
l. Street Trees:
i. 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 D epartment of Transportation street tree SAW:DHZ:KMF
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planting permit for any proposed street tree plantings. Street trees shown on this permit are conceptual only.
ii. Replace any missing street trees in empty tree wells or park strips along Cozy Drive and Glider Drive and match existing trees per City standards; refer to the current “Guidelines for Planning, Design, and Construction of City Streetscape Projects”. Obta in a DOT street tree planting permit for any proposed street tree plantings.
iii. Show all existing trees by species and diameter that are to be retained or removed. Obtain a street tree removal permit for any street trees that are over 6 feet in height that are proposed to be removed.

33. Conformance to Mitigation Monitoring and Reporting Program (MMRP). This project shall conform to all applicable requirements of the associated MMRP approved for this development.

34. Standard Environmental Conditions.
a. Air Quality
i. Water active construction areas at least twice daily or as often as needed to control dust emissions.
ii. Cover trucks hauling soil, sand, and other loose materials and/or ensure that all trucks hauling such materials maintain at least two feet of freeboard. iii. Remove visible mud or dirt trackout onto adjacent public roads using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
iv. Enclose, cover, water twice daily or apply non‐ toxic soil binders to exposed stockpiles (dirt, sand, etc.).
v. Pave new or improved roadways, driveways, and sidewalks as soon as possible.
vi. Lay building pads as soon as possible after grading unless seeding or soil binders are used.
vii. Limit all vehicle speed on unpaved roads to 15 miles per hour (mph). viii. Replant vegetation in disturbed areas as quickly as possible. ix. Install sandbags or other erosion control measures to prevent silt runoff to public roadways.
x. Minimize idling times either by shutting off equipment when not in use or reducing the maximum idling time to 5 minutes (as required by the California Airborne Toxic Control Measure [ATCM], Title 13, Section 2485 of the SAW:DHZ:KMF
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California Code of Regulations [CCR]). Provide clear signage for construction workers at all access points.
xi. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified visible emissions evaluator.
xii. Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints.
b. Biological Resources
i. 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
Notes: Trees greater than or equal to 38‐inch circumference measured at 54 inches above natural grade shall not be removed unless a Tree Removal Permit, or equivalent, has been approved for the removal of such trees. For multi‐family residential, commercial, and industrial properties, a permit is required for removal of trees of any size.

A 38‐inch tree equals 12.1 inches in diameter.
*x:x = tree replacement to tree loss ratio
** A 24‐inch box replacement tree = two 15‐gallon replacement trees.

Single‐family and two‐dwelling properties may replace trees at a ratio of 1:1
1) 48 trees on-site will be removed. The project is required to comply with the City’s Standard Permit Condition for Tree Removal. Per the City’s Standard Permit Conditions, any requested tree removals are evaluated under the Site Development Permit. None of the 48 trees to be removed are native.

Additionally, 18 of the 48 trees are ordinance sized. As such, the Permittee will be required to plant 132 15‐gallon replacements or 66 24‐inch box tree SAW:DHZ:KMF
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replacements, or a combination that would result in the equivalence of the required number of replacement trees. A total of 159 24- inch box trees, equivalent to 318 15-gallon replacement trees, are to be planted on site, in compliance with the tree removal replacement ratios.
2) Prior to the issuance of building permit(s), the P ermittee shall pay any applicable Off‐site Tree Replacement Fee(s) to the City for any off ‐site replacement trees in accordance with the City Council approved Fee Resolution in effect as of June 2, 2023.
3) If there is insufficient area on the subject property to accommodate the required replacement trees, one or more of the following measures shall be implemented, to the satisfaction of the Director of Planning, Building and Code Enforcement or Director’s designee. Changes to an approved landscape plan requires the issuance of a Permit Adjustment or Permit Amendment.
a. The size of a 15- gallon replacement tree may be increased to 24- inch box and count as two replacement trees to be planted on the project site. b. Pay Off-Site Tree Replacement Fee(s) to the City, prior to the issuance of grading permit(s), at the amount applicable as of June 2, 2023. The City will use the off -site tree replacement fee(s) to plant trees at alternative sites.
ii. Santa Clara Valley Habitat Plan. Prior to the issuance of a grading permit, the Permittee will be required to submit the SCVHCP Coverage Screening Form to the Director of Planning, Building and Code Enforcement (PBCE) or the Director's designee for approval and payment of all applicable fees, thereby ensuring consistency.
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 (PBCE) or the Director's designee and the City’s Historic Preservation Officer shall be notified, and a qualified Archaeologist in consultation with a Native American representative registered with the NAHC for the City of San José and that is traditionally and culturally affiliated with the geographic area as described in Public Resources Code Section 21080.3 shall examine the find. The Archaeologist shall (1) evaluate the find(s) to determine whether 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 a ny significant cultural materials. A report of findings documenting any data recovery shall be submitted to the SAW:DHZ:KMF
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Director of PBCE or the Director's designee and the City’s Historic Preservation Officer and the NWIC (if applicable). Project personnel shall not collect or move any cultural materials.
ii. Human Remains. If any human remains are found during any field investigations, grading, or other construction activities, all provisions of California Health and Safety Code Sections 7054 and 7050.5 and Public Resources Code Sections 5097.9 through 5097.99, as amended per Assembly Bill (AB) 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 Permittee shall immediately notify the Director of PBCE or the Director’s designee and the qualified Archaeologist, who shall then notify the Santa Clara County Coroner. The Coroner shall make a determination as to whether the remains are Native American. If the re mains are believed to be Native American, the Coroner shall contact the Native American Heritage Commission (NAHC) within 24 hours. The NAHC shall then designate an MLD. The MLD shall 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/her authorized representative shall work wit h 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. Proof of Enrollment in San José Community Energy. Prior to issuance of any Certificate of Occupancy for the project, the occupant shall provide to the Director of the Department of Planning, Building, and Code Enforcement (PBCE), or Director’s designee, proof of enrollment in the San José Community Energy (SJCE) GreenSource program (approximately 95 percent carbon‐ free power) or 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. e. Geology and Soils.
i. A Geotechnical Report shall be submitted, reviewed, and approved by the City Geologist. The Geotechnical Report shall determine the site‐ specific soil SAW:DHZ:KMF
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conditions and identify the appropriate design and construction techniques to minimize risks to people and structures, including but not limited to: foundation, earthwork, utility trenching, retaining and drainage recommendations. The investigation should be consistent with State of California guidelines for the preparation of seismic hazard evaluation reports (CGS Special Publication 117A, 2008, and the Southern California Earthquake Center report, SCEC, 1999). A recommended minimum depth of 50 feet should be explored and evaluated in the investigation. The City Geologist will review the Geotechnical Report and issue a Geologic Clearance.
ii. All excavation and grading work shall be scheduled in dry weather months or construction sites shall be weatherized.
iii. Stockpiles and excavated soils shall be covered with secured tarps or plastic sheeting.
iv. Ditches shall be installed to divert runoff around excavations and graded areas if necessary.
v. The project shall be constructed in accordance with the standard engineering practices in the California Building Standards Code, as adopted by the City of San José. A grading permit from the San José Department of Public Works shall be obtained prior to t he issuance of a Public Works clearance. These standard practices will ensure that the future building on the site is designed to properly account for soils‐related hazards on the site. vi. If dewatering is needed, the design- level geotechnical investigations to be prepared for individual future development projects shall evaluate the underlying sediments and determine the potential for settlements to occur. If it is determined that unacceptable settlements may occur, then alternative groundwater control systems shall be required.
vii. Paleontological Resources. If vertebrate fossils are discovered during construction, all work on the site shall stop immediately, Director of Planning, Building and Code Enforcement (PBCE) or the Director’s designee shall be notified, and a qualified professional Paleontologist shall assess the nature and importance of the find and recommend appropriate treatment. Treatment may include, but is not limited to, preparation and recovery of fossil materials so that they can be housed in an appropriate museum or university collection and may also include preparation of a report for publication describing the finds. The Permittee shall be responsible for implementing the recommendations of the qualified Paleontologist. A report of all findings shall be submitted to the Director of PBCE or the Director’s designee.

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f. 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 remove mud from truck tires prior to entering City streets. A tire wash system shall be installed if required by the City.
ix. The Permittee shall comply with the City of San José Grading Ordinance, including implementing erosion and dust control during site preparation and with the City of San José Zoning Ordinance requirements for keeping adjacent streets free of dirt and mud during construction.
g. Construction-Related Noise. Noise minimization measures include, but are not limited to, the following:
i. Pile Driving is prohibited.
ii. Limit construction to the hours of 7:00 a.m. to 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 use.
iii. Construct solid plywood fences around ground level construction sites adjacent to operational businesses, residences, or other noise‐sensitive land uses. 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.

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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. Control noise from construction workers’ radios to a point where they are not audible at existing residences bordering the project site. ix. 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 the adjacent land uses and nearby residences. x. 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 façades that face the construction sites. xi. Designate a “disturbance coordinator” who shall be responsible for responding to any complaints about construction noise. The disturbance coordinator shall 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.
h. Interior Noise Standard for Residential Development. The Permittee shall prepare final design plans that incorporate building design and acoustical treatments to ensure compliance with State Building Codes and City noise standards. A project‐specific acoustical analysis shall be prepared to ensure that the design incorporates controls to reduce interior noise levels to 45 dBA DNL or lower within the residential unit. The Permittee shall conform with any special building construction techniques requested by the City’s Building Department, which may include sound‐ rated windows and doors, sound‐ rated wall constructions, and acoustical caulking.

35. Revocation, Suspension, Modification. This Site Development Permit may be revoked, suspended or modified by the City Council at any time regardless of who is the owner of the subject property or who has the right to possession thereof or who is using the same at such time, whenever, after a noticed hearing in accordance with Part 2, Chapter 20.100, Title 20 of the San José Municipal Code it finds:
a. A violation of any conditions of the Site Development Permit was not abated, corrected or rectified within the time specified on the notice of violation; or b. A violation of any applicable City ordinance that was in effect as of the SB 330 Vesting Date (June 2, 2023) and taking into account the State Housing Laws SAW:DHZ:KMF
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Applicable to Builder’s Remedy Projects or state law was not abated, corrected or rectified within the time specified on the notice of violation; or c. The use as presently conducted creates a public nuisance in violation of the applicable, objective standards of the Municipal Code taking into account the State Housing Laws Applicable to Builder’s Remedy Projects.

In accordance with the findings set forth above, a permit to use the subject property for said purpose specified above is hereby approved.

ADOPTED this ___ day of ____, 2026, 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.

Order Number: 0131-625268ala
Page Number: 7

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

OF THE SANTA TERESA RANCHO, AS SAID LOT 38 IS SHOWN ON THE MAP ATTACHED TO AND ACCOMPANYING THE REPORT OF THE REFEREES IN THE ACTION OF W. A. SENTER, ET AL, PLAINTIFFS, VS. BLANDA CASTRO DE BERNAL, ET AL, DEFENDANTS, IN THE DISTRICT COURT OF THE

THIRD JUDICIAL DISTRICT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF SANTA CLARA, NUMBERED 2370, SAID STAKE BEING ALSO THE COMMON CORNER FOR LOTS 49 AND 50 OF

SAID PARTITION, SAID STAKE BEING ALSO IN THE CENTER OF A DRAINAGE CANAL KNOWN AS CANOAS CANAL;

THENCE, FROM SAID POINT OF BEGINNING
RADIUS OF 100.00 FEET; THENCE NORTHEASTERLY, ALONG THE ARC OF SAID CURVE (RADIAL

SOUTHWESTERLY, ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 262.00 FEET, A 1318 FOOT RADIUS CURVE TO THE RIGHT (RADIAL BEARING OF SAID CURVE TO THE RIGHT

THROUGH LAST POINT NORTH
TO A POINT OF REVERSE CURVATURE; THENCE, ALONG THE ARC OF A 470 FOOT RADIUS TANGENT

LEFT, THROUGH

THENCE SOU
THE POINT OF BEGINNING.

APN: 689-08-001

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

Order Number: 0131-625268ala
Page Number: 8

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