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RESOLUTION NO.____
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
JOSE APPROVING, SUBJECT TO CONDITIONS, A PLANNED
DEVELOPMENT PERMIT TO ALLOW MODIFICATIONS TO
AN EXISTING APPROXIMATELY 37,130- SQUARE-FOOT
VACANT BUILDING WITH UP TO FOUR TENANT SPACES ,
WHICH INCLUDE S: (1) AN APPROXIMATELY 2 5,142-
SQUARE-FOOT GROCERY STORE ( SPROUTS) AND THE
OFF-SALE OF ALCOHOL (TYPE 20 – BEER AND WINE ONLY)
AND A DETERMINATION OF PUBLIC CONVENIENCE OR
NECESSITY, (2) A NEW DAYCARE/PRESCHOOL (GODDARD
SCHOOL) FOR UP TO 148 STUDENTS , AND (3) THE
REMOVAL OF 21 ORDINANCE-SIZE TREES AND TWO NON-
ORDINANCE-SIZE TREES ON AN APPROXIMATELY 4.27-
GROSS-ACRE SITE LOCATED ON THE WEST SIDE OF
COTTLE ROAD APPROXIMATELY 150 FEET SOUTH OF THE
INTERSECTION OF COTTLE ROAD AND POUGHKEEPSIE
ROAD (5651 COTTLE ROAD)(APN 692-01-013)
FILE NO. PD25-020
WHEREAS, pursuant to the provisions of Chapter 20.100 of Title 20 of the San José Municipal Code, on February 9, 2026, DD Ventures LLC , the property owner (“Permittee”), filed an application (File No. PD25 -020) with the City of San José (“City”) for a Planned Development Permit to allow modifications to an existing vacant approximately 37,130- square-foot building (formerly OSH) with up to four new tenant spaces which includes: 1) a n approximately 5,568- square-foot addition, demolition of approximately 1,200-square-foot of mezzanine floor, and exterior façade modifications to the existing building, 2) changes to on- site vehicle circulation, 3) changes to the stormwater control plan, 4) off -sale of alcohol (Type 20- beer and wine only ) and a Determination of Public Convenience or Necessity for a future grocery store (Sprouts), 5) a new daycare/preschool use (Goddard School) for up to 148 students and construction of an associated playground, and 6) the removal of 23 trees (21 ordinance-size trees and two non-ordinance-size trees) on an approximately 4.27- gross-acre site on that certain real property situated in the A(PD) Planned Development Zoning District and located on SAW:DHZ:JMD:KMF
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the west side of Cottle Road, approximately 150 feet south of the Poughkeepsie Road and Cottle Road intersection ( 5651 Cottle Road, APN 692-01-013) (the “subject property”); and
WHEREAS, a legal description of the subject property is attached as Exhibit "A" and incorporated by reference; and
WHEREAS, at a duly noticed public hearing on August 12, 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, 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, “ File No. PD25 -020 Landlord Improvements for Dollinger Properties, 5651 Cottle Road, San Jose, CA 95123,” dated June 15, 2026; said plan is on 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:
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The foregoing recitals are hereby incorporated by reference as if fully set forth herein, and after considering evidence presented at the public hearing, the City Council finds that the following are the relevant facts and findings regarding this Project:
1. Site Description and Surrounding Uses. The subject property is located on the west side of Cottle Road, approximately 150 feet south of the Poughkeepsie Road and Cottle Road intersection (5651 Cottle Road, APN 692 -01-013). The approximately 37,130-square-foot vacant building is located within an existing commercial shopping center (Orchard Town and Country) with shared driveways and surface parking lots.
The site is bounded by Cottle Road to the east, Poughkeepsie Road to the north, Makati Circle and Musto Avenue to the west, and Rochester Avenue to the south.
The site is accessed by one driveway on Cottle Road, two on Rochester Avenue, one on Musto Avenue, and shared driveways through adjacent properties along Cottle Road and Poughkeepsie Road. Existing sidewalks border all adjacent streets. The site is also se rved by VTA bus routes 27 and 68, with stops located near the intersection of Cottle Road and Poughkeepsie Road.
The existing commercial shopping center is surrounded by multifamily residential development to the west and south, commercial retail and restaurant uses across Cottle Road to the east, and commercial retail uses to the north.
2. Project Description. The project consists of a Planned Development Permit to allow modifications to an existing vacant 37,130- square-foot building (formerly OSH) with up to four new tenant spaces. The proposed modifications include a 5,568- square- foot building addition with façade improvements, site circulation and stormwater plan revisions, a Determination of Public Convenience or Necessity for off -sale alcohol sales at a future Sprouts grocery store, establishment of a Goddard preschool/daycare, and the removal of 23 trees on an approximately 4.27-gross-acre site.
Development within t he existing approximately 41,498- square-foot commercial building includes a 25,142- square-foot Sprouts grocery store (Suite 3), a 9,840- square-foot Goddard daycare/preschool (Suite 4), and two vacant tenant spaces of approximately 3,222 square feet each (Suites 1 and 2).
The four tenant spaces are as follows:
Tenant Space
No.
Tenant Name Area in
square feet
Suite 1 Vacant 3,222 SF
Suite 2 Vacant 3,222 SF
Suite 3 Grocery Store (Sprouts) 25,142 SF
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Suite 4 Daycare (Goddard) 9,840 SF
Total 41,498 SF
The grocery store requests a Type 20 ABC License, which authorizes the sale of beer and wine for off-premises consumption during the store’s operational hours daily from 7:00 am to 10:00 p.m. Based on the Operations Plan provided, the grocery store would have a “new Alcohol Training Program” for all employees, and security cameras would be strategically placed throughout the store's interior space, as well as cameras will be placed on the exterior of the building, facing the public right -of-way. Alcoholic beverages would take up approximately 151 square feet ( less than one percent) of the approximately 25,142- square-foot sales floor of the g rocery store, which is less than the maximum five percent (approximately 1,257 square feet) of the total sales floor area allowed for off-sale uses.
The subject site is located within Census Tract 5120.29. Based on the California ABC License Report and the Police Memo dated March 10, 2026, the number of off -sale locations authorized in this census tract is typically limited to three. The California ABC License Report and the Police Memo both show that there are four active off -sale licenses within the census tract, and including this site’s grocery store, there will be a total of five off-sale licenses.
The Police Memo also states that the project site is located within San José Police Beat Y3, which has a high crime rate (defined as 20 percent above the City average).
However, because of the site’s overconcentration of off-sale licenses and proximity to a future daycare center and existing residences , a Determination of Public Convenience or Necessity is required, pursuant to Chapter 6.84 of the San José Municipal Code.
The Police Department is neutral to the off-sale of alcohol with a Type-20 ABC license at the subject site.
The Goddard School will occupy approximately 9,840 square feet of the building for use as a daycare/preschool for up to 148 students, including an outdoor playground of approximately 11, 285 square feet. The preschool/daycare will operate from 6:30 am to 6:30 pm, Monday through Friday, per their operations plan. Special events may be held occasionally in the evenings and at weekends. The other two tenant spaces will be improved to be made available for future tenants.
3. Planned Development Permit Findings.
Section 20.100.940 of the San José Municipal Code specifies the required findings for the approval of a Planned Development Permit.
a. The Planned Development Permit, as approved, is consistent with and will further the policies of the general plan, applicable specific plans, and area development policies; and
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General Plan Consistency. The subject property is designated Neighborhood/ Community Commercial on the Envision San José 2040 General Plan Land Use/Transportation Diagram.
Density: Floor-Area Ratio (FAR) Up to 3.5 (1 to 5 stories) This designation supports a very broad range of commercial activity, including commercial uses that serve the communities in neighboring areas, such as neighborhood-serving retail and services, and commercial/professional office development. Neighborhood / Community Commercial uses typically have a strong connection to and provide services and amenities for the nearby community and should be designed to promote that connection with an appropriate urban form that supports walking, transit use, and public int eraction. General office uses, hospitals, and private community gathering facilities are also allowed under this designation.
Analysis: The preschool/daycare center and retail grocery store with off-sale would occupy approximately 37,130 square feet of the existing building, provide services and amenities for the nearby community, and would be consistent with the General Plan use designation of Neighborhood/Community Commercial.
FAR: The proposed 0.22 ( 0.95/4.3 acres) FAR is within the 3.5 FAR allowed for the site, and hence conforms to the General Plan designation of NCC.
Additionally, the project is consistent with the following General Plan policies:
Business Growth and Retention Policy IE -2.6: Promote retail development to the maximum extent feasible, consistent with other General Plan goals and policies, in order to generate City revenue, create jobs, improve customer convenience, and enhance neighborhood livability.
Commercial Lands Policy LU-4.1: Retain existing commercial lands to provide jobs, goods, services, entertainment, and other amenities for San José’s workers, residents, and visitors.
Neighborhood Serving Commercial Policy LU-5.1: In order to create complete communities, promote new commercial uses , and revitalize existing commercial areas in locations that provide safe and convenient multi -modal access to a full range of goods and services.
Neighborhood Serving Commercial Policy LU -5.10: In the review of new locations for the off-sale of alcohol, give preference to establishments that offer a full range of food choices, including fresh fruit, vegetables, and meat.
Analysis: The project would allow one of the tenant spaces (Suite 3) for a future grocery store (Sprouts), which is a retail establishment that includes a full range of groceries, produce, and meat, as well as a request for off -sale of alcohol, consistent with the General Plan land use designation of NCC. The project would facilitate ABC license Type 20 for beer and wine only to complement the SAW:DHZ:JMD:KMF
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daily grocery needs of residents, businesses, and visitors in the area, consistent with the General Plan.
Education and Services Policy ES -1.10: Encourage and enable the use of available school facilities for childcare, private community gathering facilities, public recreation facilities, and other dual- and multi-use purposes.
Analysis: The Planned Development Permit would facilitate a high- quality day care facility in a second tenant space (Suite 4) of the building in an existing shopping center that would serve the surrounding community.
Additionally, the following General Plan Noise policies are required to be met:
EC-1.2: Minimize the noise impacts of new development on land uses sensitive to increased noise levels ( at residential property lines ) by limiting noise generation and by requiring the use of noise attenuation measures such as acoustical enclosures and sound barriers, where feasible. The City considers significant noise impacts to occur if a project were to:
• Cause the DNL at noise-sensitive receptors to increase by five dBA DNL or more, where the noise levels would remain “Normally Acceptable”: or • Cause the DNL at noise-sensitive receptors to increase by three dBA DNL or more where noise levels would equal or exceed the “Normally Acceptable” level.
EC-1.3: Mitigate noise generation of new nonresidential land uses to 55 dBA DNL at the property line when located adjacent to existing or planned noise- sensitive residential and public/quasi-public land uses.
Analysis: An acoustic analysis prepared by FirstCarbon Solutions , dated April 17, 2026, demonstrates that noise generated by the proposed outdoor playground would comply with the General Plan noise policy for outdoor activity areas. The City's acceptable exterior noise level objective for residential land uses is 55 dBA DNL or less.
The outdoor playground will be located at the north end of the building within the former outdoor sales area of the previous OSH Supply Hardware. The nearest residential properties are approximately 80 feet from the project site, across Makati Circle and Musto Avenue to the west, northwest, and south. The western side and a portion of the northern side of the playground would be enclosed by a 24-foot-high concrete masonry unit (CMU) wall with a metal roof, while the remaining northern edge would be screened by a 6- foot-high solid composite fence. The transition point from the 24-foot-high CMU wall to the 6- foot-high fence is approximately 120 feet from the nearest residential property line to the northwest.
According to the acoustic analysis, the 24- foot-high CMU wall and roof structure would provide a minimum 12 dBA reduction in playground noise, while SAW:DHZ:JMD:KMF
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the 6-foot-high composite fence would provide an additional minimum 3 dBA reduction. As a result, projected noise levels from outdoor playground activities would be approximately 44 dBA at the nearest residential property line, well below the City's 55 dBA DNL exterior noise objective. Therefore, operational noise impacts associated with the proposed playground would be less than significant and consistent with the General Plan noise policy. b. The Planned Development Permit, as approved, conforms with the zoning code and all other provisions of the San José Municipal Code applicable to the project; and
Zoning Conformance.
Land Use Regulations
The subject site is located within the A(PD) Planned Development Zoning District established with Zoning File No. PDC77- 184. The Planned Development zoning established both commercial and residential uses. The zoning was effectuated with a Planned Development (PD) Permit File No. PD80 -102 and subsequently with a Planned Development Permit File No. PD80- 011. Any change of use to the prior PD Permit requires a new Planned Development Permit application and process.
The General Development Plan describes the “C-1” district as the most applicable for the commercial uses on the project site. The “C -1” Commercial District is currently a “CP” Commercial Pedestrian Zoning District, per the Zoning Verification Letter dated 11/15/2005. The operation of uses is pursuant to Table 20- 90 in Section 20.40.100 of the San José Municipal Code.
Analysis: The retail grocery store is a permitted use, pursuant to Table 20- 90 in Section 20.40.100 of the San José Municipal Code.
The off -sale operation of the grocery store requires a Conditional Use Permit, pursuant to Section 20.40.500 of the San José Municipal Code (SJMC).
The preschool/daycare center requires a Special Use Permit pursuant to Section
20.40.500 of the San José Municipal Code.
The exterior addition is over 5,000 sf and requires a Site Development Permit. pursuant to Section 20.100.610 of the San José Municipal Code.
Since the site is zoned A(PD), a Planned Development Permit is required for concurrent review of the proposed uses and modifications to the building and site, under one unified process and under one Planned Development ( PD) Permit, pursuant to Section 20.100.140 of the SJMC, as submitted.
Development Standards
The project is subject to CP Commercial Pedestrian Zoning District development standards, since the General Development Plan is silent on the required minimum setbacks and maximum height.
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The project includes a 5, 568-square-foot exterior addition, 1,200 square foot demolition, and exterior façade modifications, which are subject to the development regulations below:
Setbacks: Pursuant to Section 20.40.200, the properties located in the CP zoning districts have a 10 -foot maximum front setback, a 25- foot rear setback, and zero side setbacks. The commercial building is existing , and the front setbacks exceed the maximum 10-foot allowed, as the building was built within a shopping center as part of a Planned Development Permit . The subject commercial building has the following setbacks as seen in the table below:
Development Standard Required (in feet) Proposed (approximately in feet)
Front Setback (For all
street frontages greater
than 150 feet)
10 feet maximum 250’-1” from Cottle Road
(East)
59’-3” from Makati Circle
(west)
71’-10” from Rochester
Avenue (south)
Street Side 12.5 feet minimum N/A
Interior Side Minimum 0 ft N/A
Rear setback 25 ft 98’-11”
Height Maximum 50 ft 40 feet (complies)
Height: Except as otherwise specified in this chapter, properties located in the CP zoning districts have a maximum height of 50 feet. The proposed height is 40 feet and conforms to the maximum allowed height of 40 feet.
Vehicle Parking and Transportation Demand Management
Parking requirements are outlined in Table 20-190 of Section 20.90.060 of the San José Municipal Code. As of April 10, 2023, no minimum parking is required with the establishment of Transportation Demand Management requirements, if applicable. Transportation Demand Management requirements are outlined in Section 20.90.900 of the San José Municipal Code.
Analysis: The project site has 193 existing vehicle parking spaces and provides an additional four vehicle parking spaces for a total of 197 spaces. The project also provides six ADA parking spaces. The project includes an addition of 5,568 square feet to the existing building, for a total of 41, 498 square feet, but the project is exempt from requiring a Transportation Demand Management Plan, per the Public Works Final Memo dated June 26, 2026, as the grocery store would have a square SAW:DHZ:JMD:KMF
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footage of less than 100,000 square feet of retail space and would not require a detailed CEQA transportation analysis.
Pursuant to California Senate Bill 131 (SB 131), the proposed preschool/daycare is exempt from the California Environmental Quality Act (CEQA) because it is part of a shopping center and is not located in a residential area. Additionally, the proposed preschool/daycare would serve a maximum enrollment of 148 children, which is below the City's threshold of 250 children for requiring a Transportation Demand Management (TDM) Plan. Therefore, no additional transportation demand management analysis or TDM Plan is required for the project.
Bicycle Parking
Pursuant to San José Municipal Code Section 20.90.060, the number of bicycle parking spaces required (both short -term and long- term, as defined in San José Municipal Code Section 20.90.050) depends on the intended use of the building.
A retail space requires one space per 3,000 square feet of floor area. A day care center (CEU) requires one bicycle parking space per ten employees and one per ten students. See the table below for bicycle parking provisions.
Use TDM Use
Category
Bicycle Parking Bike Parking
Requirement
Retail VEU 1 per 3,000 sq. ft. of
floor area
For a 5, 568-sf
addition, 2 spaces
are required.
Daycare center CEU 1 per 10 full -time
employees and
children
For 148 children and
23 staff,
approximately 19
spaces are required.
Total 20 bike parking
spaces are required,
and 21 spaces are
provided in front of
the building.
Two-Wheeled Motorized Vehicle Parking
Pursuant to San José Municipal Code Section 20.90.350, two-wheeled motorized vehicle (motorcycle) parking is required at a rate of 2.5 percent of standard vehicle parking provided.
Analysis: The project provides 197 parking spaces and requires and provides five motorcycle parking spaces to meet the requirements , as shown in the approved plan set.
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Performance Standards
Noise:
Pursuant to San José Municipal Code Section 20.40.600, Table 20- 105, the maximum noise level for a commercial use adjacent to a residential use is 55 decibels at the shared property line and 60 decibels when adjacent to commercial uses at the shared property line.
Analysis: As stated above, an acoustic analysis was prepared by FirstCarbon Solutions, dated April 17, 2026, demonstrating that noise generated by the outdoor playground complies with the General Plan noise policy for outdoor activity areas.
The nearest residential properties are approximately 80 feet from the project site, across Makati Circle and Musto Avenue to the west, northwest, and south.
The outdoor playground will be located at the north end of the building within the former outdoor sales area of the previous Osh Supply Hardware. The western side and a portion of the northern side of the playground will be enclosed by a 24-foot- high CMU wall with a metal roof, while a 6-foot-high solid composite fence will screen the remaining northern edge. The transition to the 6- foot-high fence is approximately 120 feet from the nearest residential property line to the northwest, The 24-foot-high wall and roof structure will provide a minimum 12 dBA reduction in playground noise, while the 6-foot-high fence will provide an additional minimum 3 dBA reduction. As a result, projected noise levels from outdoor playground activities would be approximately 44 dBA at the nearest residential property line, well below the applicable 55 dBA Lmax threshold.
c. The Planned Development Permit, as approved, is consistent with applicable City Council policies, or counterbalancing considerations justify the inconsistency; and Analysis: Staff followed Council Policy 6 -30: Public Outreach Policy for Pending Land Use and Development Proposals to inform the public of the Project. On-site signs have been posted on the site frontage since March 27, 2026. A notice of the public hearing was distributed to the owners and tenants of all properties located within 500 feet of the Project site and posted on the City website. Staff has been available to respond to questions from the public, and to date, no comments have been received.
City Council Policy 6 -14: Guidelines for Child Care. The project is subject to the following provisions of City Council Policy 6-14: Guidelines for Child Care:
1) Facility Location
(a) New Child Care Centers are encouraged in residential areas on Major Collectors and Arterial streets, as designated on the adopted San José 2020 General Plan Land Use/ Transportation Diagram.
(b) New Child Care Centers are encouraged in the transitional or mixed- use areas at the margins of homogenous neighborhoods as long as the health SAW:DHZ:JMD:KMF
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and safety of the children is protected, and compatibility with proximate uses is assured.
Analysis: The Child Care Policy ensures safe operation of the site, minimizes the impact to the surrounding uses by utilizing good site design, efficient parking and site circulation, safe drop- off and pick -up operations, and secured child safety measures. The subject commercial site is surrounded by commercial and residential uses and is located at the intersection of Cottle Road and Poughkeepsie Road. The site has a General Plan Land Use Designation of Neighborhood Community/Commercial, which supports mixed commercial uses, including daycares. The daycare use would occupy a nearby tenant space within the same shopping center as the grocery store with incidental off -sale alcohol sales. The close proximity of the two uses would provide convenience for parents to combine child drop- off or pick-up with grocery shopping. Additionally, the health and safety of children would be protected by on-site monitoring via security cameras during the operating hours of both businesses.
2) Traffic and Circulation
(a) Access to new Child Care Centers to pick up and drop off children should not negatively impact off -site traffic flow by causing on- street stacking or stopping.
(b) On-site circulation should be designed to preclude vehicles from backing onto streets designated as Major Collectors and Arterials on the City's adopted San José 2020 General Plan Land Use/Transportation Diagram. (c) Traffic reports for new Child Care Centers may be required to analyze the traffic generated by the proposed project.
(d) Child Care Centers located in nonresidential complexes should not allow drop-off and pick -up activities to interfere with the existing on- site traffic circulation.
(e) New Child Care Centers should provide adequate vehicular driveways and sufficient turn-around areas for adequate on-site circulation.
Analysis: Based on the submitted plans, access to the site is available from the existing two-way driveways along Cottle Road and Rochester Avenue.
Per the submitted operations plan, the p arents will be expected to park before escorting their children to and from the daycare, and no curbside idling or loading in travel lanes will be permitted. Vehicles will be required to enter and exit the site via the shared access driveways from adjacent public streets. All traffic movements will follow the established circulation plan shown on the site plan, and staff will supervise parking via the security cameras during the busy peak hours from 7:00 am to 9:00 am and from 4:00 pm to 6:00 pm. Based on the Final Public Works memo, dated June SAW:DHZ:JMD:KMF
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26, 2026, the traffic analysis found that the vehicle queuing, truck access, and emergency vehicle access would be adequate.
3) Parking and Drop-Off
(a) All new Child Care Centers are required to provide parking in accordance with the Parking and Loading provision codified under Chapter 20.90 of the San José Municipal Code.
(b) Parking areas should not be located in the front or side setback areas. The City regulates the amount of paving allowed within the front setback areas in single- family residential zoning districts, normally not to exceed 50%.
Refer to front yard paving provisions, Section 20.30.440, of the San José Municipal Code for more information.
(c) Child Care Centers should provide adequate short -term parking to accommodate child drop-off areas, which are not located in the public right- of-way.
Analysis: Pursuant to Chapter 20.90 of the Zoning Code, the project is exempt from any minimum parking requirements. Additionally, the project is exempt from preparing a Transportation Demand Management (TDM) plan, as the project is for fewer than 250 students. The project provides 197 vehicle parking spaces and 21 bicycle parking spaces, in compliance with the Zoning Code. All parking spaces are located within an already existing parking lot. Per the operations plan, the families will be requested to use the parking spaces directly in front of the daycare building for drop-off and pick- up. These front spaces will be utilized for short -term use during the peak hours. Staff will supervise the parking areas via the security cameras during the peak hours for safety operations. During the orientation, parents will be provided with written guidance on pick -up and drop-off procedures and will be required to sign an acknowledgement form confirming their understanding and agreement to foll ow the required procedures for safely parking and escorting their children between the vehicle and the entrances to the building. Pursuant to the Final Public Works Memo, dated June 26, 2026, the findings from the traffic analysis found that the vehicle queueing , truck access, and emergency vehicle access would be adequate. 4) Site Design
(a) Child Care Centers must conform to the setback requirements of the Zoning District designated for the site.
(b) New Child Care Centers should be on sites that are able to adequately accommodate the physical requirements of on-site circulation, parking, play areas and setbacks. Our experience has found that this is normally at least a 10,000 square foot parcel or site.
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(c) New Child Care Centers should install a minimum 6-foot-high fence around the active outdoor play areas for child security. A wall may be required to minimize potential impacts from outdoor play and parking areas to surrounding residential uses.
(d) New Child Care Centers proximate to residential neighborhoods should locate play areas away from adjacent residences as much as possible. (e) Landscaping should be installed and maintained in the areas not designated for parking and driveways in accordance with the City's Landscape and Irrigation Guidelines. Street trees should be installed if missing on the site frontage.
(f) A minimum of five feet of perimeter landscaping should be provided to buffer the active play areas, and 10 feet for parking or service areas of Child Care Centers, from any adjacent residential properties.
(g) Other than to ensure consistency with the height requirement of accessory structures where required by the Zoning Code, and to approve play areas themselves, the City does not approve specific outdoor play equipment in the permit review process. Changes to the play equipment do not require additional planning approvals.
(h) All roof equipment, trash enclosures, and mechanical equipment should be screened from view from public streets and located to minimize the potential for nuisances to any adjacent residences.
Analysis: As shown in the Zoning Conformance section above, t he project conforms with all setback and height requirements of the A(PD) Planned Development Zoning District. The subject site is located on a parcel approximately 4.27 gross acres in size, exceeding the recommended minimum of 10,000 square feet. The project features existing six -foot-high composite black picket fencing and 24-foot-high CMU walls surrounding the playground areas along the northern and western sides of the site. The playground areas are at least 8 0 feet from the multifamily residential uses across Musto Avenue and Makati Circle to the north and west , and are buffered with a five-foot-wide existing perimeter landscaping and trees. The project also includes the replacement of a fully enclosed trash enclosure for the daycare use in accordance with the City’s Solid Waste Enclosure Area Guidelines for New Construction and Redevelopment Projects. 5) Operation
(a) To minimize adverse impacts to adjacent residences, Child Care Centers adjacent to residential neighborhoods should operate only from 6:00 a.m. to 7:00 p.m., Monday through Friday.
(b) New Child Care Centers are required to meet the noise standards of the Zoning Ordinance and should meet the City's noise standards as SAW:DHZ:JMD:KMF
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specified in the adopted San José 2020 General Plan. A noise study may be required for Child Care Centers proximate to residential neighborhoods to evaluate noise levels and identify appropriate mitigation.
Analysis: Based on the Operations Plan provided, the preschool/ daycare facility would operate year-round, Monday through Friday, from 6:30 am to 6:30 pm. The Goddard school does not have a fixed schedule for drop- off and pick -up. The staggered schedule ensures that pick -up times remain manageable and do not clash with the grocery store's daily operation hours from 7 am to 10 pm. Both uses would have separate building entrances .
Parents of daycare children would be required to park in the designated spaces near the building entrances and escort their children into the building. Staff will supervise the parking areas via security cameras during the peak hours for safety operations. Additionally, surveillance cameras would be operating at all times in both tenant spaces, and security personnel would be posted at the grocery store during their operating hours.
As discussed in the Zoning Code Compliance section above, the project conforms with all required noise standards. The closest residences are approximately 80 feet to the north and west of the project site, across Musto Avenue.
The 24-foot-high wall and roof structure at the playground will provide a minimum 12 dBA reduction in the playground noise, while the 6- foot-high fence will provide an additional minimum 3 dBA reduction. As a result, projected noise levels from outdoor playground activities would be approximately 44 dBA at the nearest residential property line, well below the applicable 55 dBA Lmax threshold.
d. The interrelationship between the orientation, location, mass , and scale of building volumes, and elevations of proposed buildings, structures , and other uses on-site are appropriate, compatible, and aesthetically harmonious; and Design Guidelines Consistency. The project is subject to and conforms to the following requirements of the Citywide Design Standards and Guidelines.
Section 2.2.3 – Services and Utilities Access and Location o Standard 2 - Provide a covered area for solid waste collection when it is located outside the building envelope.
o Standard 3 - Screen all services and utilities located outside the building envelope that are within 30 feet of a public right-of-way. o Standard 4 - Provide access for utilities and waste collection from secondary streets, alleys, or private streets. Only provide access to service areas from primary streets for sites that do not have site frontage along any secondary street, alley, or private street.
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Analysis: The project provides two covered trash enclosures with access pathways on the project site, as shown in the approved plan set , in conformance with the guidelines above.
Section 2.3.7 – Site Lighting
o Standard 1 – Orient all site lighting directly downwards to prevent light pollution and excess glare in the public realm.
Analysis: As shown in the approved plan set, w all-mounted light fixtures (wall sconce lights) will be installed on the building throughout the site. All light fixtures are downward-facing, meeting the standard.
Section 2.3.8 – Landscaping and Stormwater Management
o Standard 8 - Utilize at least 50 percent of the total landscaped area on a development site for LID site design measures, source controls, and green stormwater infrastructure, including but not limited to bioretention, rain gardens, LID planters, and permeable pavers.
Analysis: The Stormwater treatment area is 2,208 square feet of 9,358 square feet (23.6%) of the project area associated with proposed planting revisions to the existing site plan. The project meets stormwater treatment requirements using the 4% rule, as seen in the TCM summary table on civil sheet 6. As this is a building addition, not a new development, an exception has been granted to this standard, as shown in the approved plan set.
Section 3.3.1- Façade Design and Articulation
o Standard 1 - Articulate all building façades facing a street or public open space for at least 80 percent of each façade length. Articulate all other building façades for at least 60 percent of each façade length. Façade articulation can be achieved by providing material and plane changes or by providing a rhythmic pattern of bays, columns, balconies, and other architectural elements to break up the building mass.
o Standard 2 - Building elements such as bays, windows, and balconies that project from façades must have at least two feet of plane change.
Analysis: As shown in the approved plan set, the project satisfies the above requirement at the front building façade and incorporates a mix of materials, changes in wall planes and roof heights, and a taller central element above the front entry to enhance architectural articulation.
Section 3.3.2, Standard S4. Parapets and other screening elements at the roof level must screen rooftop equipment from public view. The project complies with this requirement as shown on the plans.
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Section 3.3.7 – Materials and Color
o Standard 1 - In General Plan growth areas, ground floor elevation fronting primary streets must have high-quality materials and texture for at least 50 percent of the non- glass areas. High-quality materials include (but are not limited to) stone, marble, granite, brick, tile, wood, terracotta, and steel.
Analysis: As shown in the approved plan set, the project satisfies this requirement with the use of James Hardie fiber cement siding surrounding an automatic sliding door at the front entry and smooth face CMU with stone veneer base cladding the building walls.
In summary, the existing building will accommodate four tenant spaces, which will include both the grocery store and the daycare in suites 3 and 4, with separate building entrances. The building expansion includes an attractive front façade entrance at the grocery store with off-sale alcohol sales (ABC Type 20 license), and the adjacent daycare tenant space will be offset and refurbished with a new storefront entry. The operating uses will be served by shared driveways and a surface parking lot, and will be convenient for parents to shop at the grocery store when they pick up or drop off their children at the daycare.
The building façade will be further architecturally articulated, featuring a taller central element and variation in materials for the grocery store facing Cottle Road, consistent with the Citywide Design Guidelines, as discussed above .
Accordingly, the project's building orientation, massing, scale, and architectural design and uses are appropriate, compatible, and aesthetically harmonious with the site.
e. The environmental impacts of the project , including but not limited to noise, vibration, dust, drainage, erosion, storm water runoff, and odor which, even if insignificant for purposes of the California Environmental Quality Act (CEQA), will not have an unacceptable negative effect on adjacent property or properties.
Environmental Review. Under the provisions of Section 15301 for Existing Facilities of the State Guidelines for Implementation of the California Environmental Quality Act (CEQA), as stated below, this Project is found to be exempt from the environmental review requirements of Title 21 of the San José Municipal Zoning Code, implementing the California Environmental Quality Act of 1970, as amended.
Class 1 Categorical Exemption consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. The key consideration is whether the Project involves negligible or no expansion of an existing use.
Analysis: The Project would result in the conversion of a 37,130- square-foot vacant commercial building into four commercial tenant spaces consisting of a SAW:DHZ:JMD:KMF
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grocery store and a preschool/daycare. Construction of the project would include interior layout changes and exterior modifications to accommodate the new uses, as seen in the floor plan set. The physical changes to the building and site would be negligible and would not create substantial or significant environmental impact. The commercial uses are consistent with the existing commercial uses on site. Therefore, the Project is categorically exempt pursuant to CEQA Section 15301 for Existing Facilities.
The project includes regulatory requirements and Standard Environmental Permit Conditions to reduce or eliminate any temporary construction, noise- related or other effects on surrounding properties, including conditions related to air quality, hazards and hazardous materials, hydrology and water quality, and noise. Construction hours are limited to between 7:00 am and 7:00 pm Monday through Friday. Additionally, as conditioned in this permit, the project is required to appoint a Construction Disturbance Coordinator to address any construction-related complaints. All construction activity would be temporary and would be limited to the interior tenant improvements for the existing building and associated site improvements. Therefore, the project would not result in significant noise, vibration, drainage, erosion, stormwater runoff, or odor impacts.
4. Off-Sale of Alcohol Findings.
a. A Planned Development Permit may be issued pursuant to the applicable provisions of Section 20.80.900 of the Zoning Code for the off-sale of any alcoholic beverages only if the decision- making body first makes the following additional findings, where applicable:
(1) For such use at a location closer than five hundred feet from any other such use involving the off -sale of alcoholic beverages, situated either within or outside the city, that the proposed location of the off-sale alcohol use would not result in a total of more than four establishments that provide alcoholic beverages for off-site consumption within a one-thousand-foot radius from the proposed location.
Analysis: Based on the California Department of Alcoholic Beverage Control (ABC) database and City GIS map measurements , there are three other existing off-sale alcohol uses within 500 feet of the project site. The nearest off- sale establishment within the same census tract is San Jose Pump and Save, located approximately 375 feet away at 102 Poughkeepsie Road. With the grocery store, there would be a total of four off-sale establishments within a 1,000-foot radius. Thus, this finding can be made.
(2) For such use at a location closer than five hundred feet from any other use involving the off -sale of alcoholic beverages, situated either within or outside the city, where the proposed location of the off -sale of alcoholic beverages would result in a total of more than four establishments that provide alcoholic SAW:DHZ:JMD:KMF
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beverages for off-site consumption within a one-thousand-foot radius from the proposed location, that the resulting excess concentration of such uses will not:
i. Adversely affect the peace, health, safety, morals, or welfare of persons residing or working in the surrounding area; or
ii. Impair the utility or value of property of other persons located in the vicinity of the area; or
iii. Be detrimental to public health, safety or general welfare.
Analysis: With the inclusion of the subject property, the resulting concentration would be a total of four establishments that provide off -sale alcohol within a 1,000-foot radius. Therefore, this finding can be made. (3) For such use at a location closer than five hundred feet from any child care center, public park, social service agency, residential care facility, residential service facility, elementary school, secondary school, college or university, or one hundred fifty feet from any residentially zoned property, that the building in which the proposed use is to be located is situated and oriented in such a manner that would not adversely affect such residential, child care center, public park, social service agency, r esidential care facility, residential service facility and/or school use.
Analysis: The location would be within 500 feet of a future preschool and day care center (Goddard School), and therefore, this finding cannot be met. The building in which the off-sale would occur is also within 150 feet of the closest residentially zoned property (lot line) to the northwest, south, and west of the subject property that is developed with multi family homes, accessed from Makati Circle and Musto Avenue. Therefore, this finding cannot be made. b. The off-sale of alcohol as incidental sales in conjunction with the sale of gift baskets, balloons, and flowers is exempt from the requirement of a Planned Development Permit.
Analysis: The above finding does not apply to the proposed project. c. Where a Planned Development Permit application requesting the off -premises sale of alcoholic beverages also would require a determination of public convenience and necessity under the provisions of Chapter 6.84 of Title 6 of this Code, and the Planning Commission cannot make the required findings under Section 6.84.030 of Chapter 6.84 of Title 6 of this Code, the Planning Commission shall make a report and recommendation to the C ity Council on said Planned Development Permit application. In this instance, the C ity Council shall be the initial and final decision -making body on said Planned Development Permit application.
Analysis: The project site is located within Census Tract 5020.29. Based on a California ABC License Report and the Police Memorandum dated March 10, SAW:DHZ:JMD:KMF
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2026, the number of off -sale locations allowed in the census tract is three. The California ABC License Report and the Police Memo both show that there are four active off-sale licenses within the census tract, and including the grocery store’s proposed Type 20 ABC License, it would result in a total of five off-sale licenses.
The Police Memorandum states that the project site is within the San Jose Police Beat Y3 , which has a high crime rate (defined as 20 percent above the city average), and because of the site’s overconcentration of off-sale licenses and the site being near a day care center, a Determination of Public Convenience or Necessity is required.
The Determination of Public Convenience or Necessity has its own findings listed in the section below.
5. Determination of Public Convenience or Necessity Findings. Chapter 6.84 of the San José Municipal Code identifies the process and findings related specifically to the off-sale of alcohol; the findings are discussed below:
a. The proposed use is not located within a strong neighborhoods initiative or neighborhood revitalization area or other area designated by the city for targeted neighborhood enhancement services or programs, or located within an area in which the chief of police has determined based upon quantifiable information that the proposed use: (a) would be detrimental to the public health, safety, or welfare of persons located in the area; or (b) would increase the severity of existing law enforcement or public nuisance problems in the area; and Analysis: The subject site is not located within a Strong Neighborhood Initiative area. Therefore, this finding can be made.
b. The proposed use would not lead to the grouping of more than four off -premises sales of alcoholic beverages within a one-thousand-foot radius from the exterior of the building containing the proposed use; and
Analysis: The off-sale of beer and wine at the grocery store would not lead to the grouping of more than four off-sale establishments within a 1,000-foot radius from the exterior of the building containing the proposed use. There are three other off- sale establishments nearby. San Jose Pump and Save, located at 102 Poughkeepsie Road, at a distance of approximately 375 feet from the subject property, is in the same census tract, whereas two other ones (Yolo Beer and Wine and Target) are in adjacent census tracts . With the addition of the off -sale at the grocery store, there would be a grouping of four; therefore, this finding can be made.
c. The proposed use would not be located within five hundred feet of a school, day care center, public park, social services agency, or residential care or service facility, or within one hundred fifty feet of a residence; and Analysis: The off-sale of beer and wine at the grocery store is not located within 500 feet of a school, public park, social services agency, or residential care or SAW:DHZ:JMD:KMF
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service facility. However, the grocery store would be located within 500 feet of a future daycare (Goddard School) and within 150 feet of existing multifamily residences. Therefore, this finding cannot be made.
d. Alcoholic beverage sales would not represent a majority of the proposed use; and Analysis: Based on the application documents provided, approximately 151 square feet of the approximately 25,142-square-foot sales floor of the grocery store would be dedicated to alcoholic beverages ( less than one percent). This would not represent a majority of the tenant space, which is a retail establishment that includes a full range of groceries, produce, and meat . Therefore, this finding can be made.
e. At least one of the following additional findings:
(1) The census tract in which the proposed outlet for the off -premises sale of alcoholic beverages is located is unusually configured and the proposed outlet would act as a convenience to an underserved portion of the community without presenting a significant adverse impact on public health or safety; or Analysis: The census tract is not unusually configured in shape. Therefore, this finding cannot be made.
(2) The proposed outlet for the off -premises sale of alcoholic beverages would enhance or facilitate the vitality of an existing commercial area without presenting a significant adverse impact on public health or safety; or Analysis: The proposed off-sale of beer and wine will serve as a convenience for neighborhood shoppers purchasing groceries, with alcoholic beverages comprising only a small portion of the overall grocery store sales area. In addition, store employees would be trained to comply with all applicable State laws regarding alcohol sales. The grocery store would also provide on- site security personnel and strategically located security cameras throughout the premises. With these operational measures, as described in the Operations Plan, the proposed off-sale of beer and wine is not expected to adversely affect public health, safety, or welfare. Therefore, this finding can be made. (3) The census tract in which the proposed outlet is located has a low population density in relation to other census tracts in the city, and the proposed outlet would not contribute to an over - concentration in the absolute numbers of outlets for the off-premises sale of alcoholic beverages in the area; or Analysis: The project site is located within Census Tract 5020.29, where three off-sale alcohol licenses are permitted. The census tract currently contains four active off-sale licenses, and approval of the proposed Type 20 license would increase the total to five, resulting in an overconcentration of off -sale licenses.
Additionally, the Police Department's report dated March 10 , 2026, identified 806 calls for service and self-initiated events within a 1,000-foot radius of 5651 SAW:DHZ:JMD:KMF
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Cottle Road during the period of March 1, 2025, through March 1, 2026, indicating a high-crime area.
Although the proposed Type 20 ABC license would contribute to an overconcentration of off -sale alcohol licenses within the census tract, the proposed use is ancillary to a full -service grocery store located within an existing commercial shopping center. The off -sale area comprises less than one percent of the sales floor area and is limited to the sale of beer and wine, with no distilled spirits proposed. Accordingly, alcohol sales are not anticipated to independently increase crime in the surrounding area.
As identified in the Police Department Memorandum dated March 10, 2026, 394 calls for service occurred within a 1,000- foot radius of the project site during the analysis period. Of those calls, 300 were related to vehicle accidents (146 calls) and thefts ( 154 calls), while only two calls involved public intoxication. In addition, some calls may be associated with businesses located in adjacent census tracts rather than existing off -sale alcohol establishments within the subject census tract, as illustrated in the ABC GIS mapping.
Although the proposed off-sale alcohol use is not expected to be detrimental to surrounding businesses, including the future preschool/daycare, and the Police Department has expressed a neutral position on the proposal, approval of the Type 20 license woul d further increase the existing overconcentration of off - sale alcohol licenses within the census tract. Therefore, this finding cannot be made.
(4) The proposed off -premises sale of alcoholic beverages is incidental and appurtenant to a larger retail use and provides for a more complete and convenient shopping experience.
Analysis: Approximately 151 square feet of the approximately 25,142 -square- foot sales floor of the grocery store would be dedicated to alcoholic beverages (less than one percent). The remainder of the floor area would be dedicated to the sale of grocery items. Therefore, this finding can be made.
As Findings (3) and (5.c.) cannot be made, a Determination of Public Convenience or Necessity (PCN) must be made by the City Council.
Pursuant to Section 6.84.030.E, the City Council may issue a determination where the City Council does all of the following: (a) decides that not all of the above required findings can be made; and (b) identifies and finds that significant and overriding consideration for the public benefit(s) will be provided by the proposed project.
7. Tree Removal Findings
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ordinance-size trees to be removed from the site. The tree removal meets the following required findings:
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: As identified in the Landscape Plans, Sheet L-1, 21 ordinance-sized non- native trees, 38 inches or more in circumference, and two non-ordinance-sized non- native trees, approximately 19 inches or less in circumference, for a total of 23 trees, are located within the circulation, landscaping, and site improvement areas for the proposed project, and require their removal. The trees located on the site are within the parking lot improvements and playground areas, and the site improvements are not feasible without the removal of the 23 trees.
The tree replacement number for the removal of 21 ordinance-size trees at a ratio of 4:1 is 84 trees, and t wo non-ordinance-size non-native trees at a ratio of 2:1 equals 4 trees, for a total of 88 new 15- gallon replacement trees. The project applicant will plant 21 new 24-inch boxed trees (equivalent to 42 15-gallon trees) on- site. Therefore, the in-lieu fees would amount to $46,000 (46 x $1,000) for 46 15- gallon trees (90- 42 trees) not planted on- site. The applicant has confirmed the payment of in-lieu fees during the building submittal process. This will also be made a condition of approval #28 of this permit. Verification of the planting of the trees shall be uploaded to www.sjpermits.org, labeled PD25- 020, as per Condition of Approval #30 of this permit.
In accordance with the findings set forth above, a Planned Development Permit and Determination of Public Convenience or Necessity 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 approved 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 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 SAW:DHZ:JMD:KMF
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conditions of this Permit or other approval and the provisions of Title 20 applicable to such Permit.
2. Permit Expiration. This 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 required) has not commenced, pursuant to and in accordance with the provisions 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.
3. Building Permit/Certificate of Occupancy. Procurement of a Building Permit and/or Certificate of Occupancy from the Building Official for the structures described or contemplated under this Permit shall be deemed acceptance of all conditions specified in this Permit and the Permittee's agreement to fully comply with all of said conditions. No change in the character of occupancy or change to a different group of occupancies as described in the Building Code shall be made without first obtaining a Certificate of Occupancy from the Building Official, as required under San José Municipal Code Section 24.02.610, and any such change in occupancy must comply with all other applicable local and state laws.
4. 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.
5. Use Authorization. This Permit authorizes a Planned Development Permit to allow modifications to an existing vacant approximately 37,130-square-foot building with up to four new tenant spaces on an approximately 4.27- gross-acre site . The project includes:
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a. An approximately 5,568- square-foot addition, demolition of approximately 1,200 square feet of mezzanine floor, and exterior façade modifications to the existing building. and
b. C hanges to on-site vehicle circulation.
c. C hanges to the stormwater control plan.
d. O ff-sale of alcohol (Type 20- beer and wine only and a Determination of Public Convenience or Necessity for a future grocery store (Sprouts). e. A new daycare/preschool use for up to 148 students and construction of an associated playground.
f. T he removal of 2 3 trees (21 ordinance- size trees and t wo non-ordinance-size trees).
6. Conditions for the off-sale of beer and wine only: The use is permitted at the subject grocery store and successors of said tenant spaces, whereby the subsequent tenant maintains a similar use as deemed by the Director of Planning, Building and Code Enforcement:
a. If the use authorized by this permit is discontinued for a period of 12 months, this permit will expire and will no longer be in effect.
b. All cashiers shall be trained on Department of Alcohol Beverage Control (ABC) rules and regulations.
c. The interior and exterior of the store shall be monitored at all times by a surveillance system. All security camera video footage shall be retained for 30 days in the event that an incident needs review by security personnel or the police. d. Loitering and panhandling shall not be tolerated, and the Permittee shall maintain a zero-tolerance policy. No loitering signs will be posted in conspicuous places containing wording (Spanish and English) that aligns with state and local law (business owner to work with the San José Police Department to obtain proper language). All loitering and panhandling issues will be dealt with in a swift and consistent manner by notifying local police. No consumption or open alcoholic beverages will be permitted on the premises. Signs specifically prohibiting thi s activity will also be placed in conspicuous places in both Spanish and English. e. All lighting issues, such as inadequate lighting or burned- out lights, shall be addressed promptly by the Permittee’s maintenance provider. f. The operation shall conform to all local performance standards as required by the Municipal Code.
g. Conformance with ABC Requirements. The off-sale of alcohol (Type 20 – Off-Sale General) is allowed in conformance with the requirements of the Department of Alcohol Beverage Control (ABC). The Permittee shall obtain and maintain full SAW:DHZ:JMD:KMF
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compliance with its ABC license and remain in good standing with the Department of Alcoholic Beverage Control.
h. Limitations on the Area of Alcohol Sales . The sale of alcohol for off -site consumption allowed by this Permit shall be limited and incidental to the primary use of a retail store. The area in which alcoholic beverages are displayed or otherwise offered for sale shall not exceed 151 square feet ( less than one percent) of the approximately 25,142 gross retail floor area of the grocery store. Alcohol product displays shall not be placed outside the retail tenant space.
7. Conditions for a day care center for up to 148 children:
a. Occupancy Limitations. In addition to any other limitations that may apply, the maximum number of children for this daycare center shall be up to 148. b. Operations Plan. The project is bound to the provisions of the Operations Plan, titled “Goddard Systems, Inc.,” dated “1/22/2026”. The Director of Planning, Building, and Code Enforcement, at their discretion, may allow modifications to the Operations Plan with the issuance of a Permit Adjustment or a Permit Amendment.
8. Conformance to Plans. The development of the site and all associated development and improvements shall conform to the approved Planned Development Permit plans entitled, “File No. PD25 -020 Landlord Improvements for Dollinger Properties, 5651 Cottle Road, San Jose, CA 95123” dated June 16, 2026, on file with the Department of Planning, Building and Code Enforcement as may be amended subject to City’s approval, and to the San José Building Code (San José Municipal Code, Title 24), as amended. The plans are referred to herein as the “approved plans” or the “Approved Plan Set.
9. Compliance with Local, State, and Federal Laws. The subject use shall be conducted in full compliance with all local, state, and federal laws.
10. Discretionary Review. The City maintains the right of discretionary review of requests to alter or amend structures, conditions, or restrictions of this Permit incorporated by reference in accordance with Chapter 20.100 of the San José Municipal Code.
11. Nuisance. This use shall be operated in a manner that does not create a public or private nuisance. Any such nuisance must be abated immediately upon notice by the City.
12. Refuse. All trash and refuse storage areas shall be effectively screened from view and covered and maintained in an orderly state to prevent water from entering into the trash or refuse container(s). Trash areas shall be maintained in a manner to discourage illegal dumping.
13. Outdoor Storage. No outdoor storage is allowed or permitted unless designated on the Approved Plan Set.
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14. Anti-Graffiti. All graffiti shall be removed from buildings and wall surfaces, including job sites for Projects under construction, within 48 hours of defacement.
15. Anti-Litter. The site and surrounding area shall be maintained free of litter, refuse, and debris. Cleaning shall include keeping all publicly used areas free of litter, trash, cigarette butts and garbage.
16. No Sign Approval. No signs are approved at this time. All proposed 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. Store Operator Point of Contact. Store operator shall post in a visible location on the Store premises a phone number, and other applicable contact information for the public to address questions and comments regarding management and maintenance of the subject store and frontage.
20. Mechanical Equipment. The location and type of mechanical equipment shall be as shown on the Approved Plans and shall be screened from view. Changes to the mechanical equipment requires the issuance of a Permit Adjustment or Amendment to the satisfaction of the Director of Planning, Building and Code Enforcement.
21. No Generators Approved. This Permit does not include the approval of any stand- by/backup electrical power generation facility. The Permittee shall secure appropriate permits any future stand-by/backup generators in conformance with the regulations of Title 20 of the Municipal Code.
22. No Extended Construction Hours. This Permit does not allow any construction activity on a site located within 500 feet of a residential unit before 7:00 a.m. or after 7:00 p.m., Monday through Friday, or at any time on weekends.
23. 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.
24. Tree Removals. The project includes the removal of 21 ordinance size trees, 38 inches or more in circumference, and two non-ordinance-size trees, approximately 19 inches or less in circumference, for a total of 23 trees, located within the proposed circulation area, landscaping areas, and building footprint for the new project are proposed for removal. The tree replacement ratio for the removal of 23 trees shall require planting of 88 new 15-gallon trees. The project applicant has proposed to plant SAW:DHZ:JMD:KMF
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21 24-inch box trees (equals to 42 new 15-gallon trees) on-site and will pay in -lieu fees for 46 trees not planted on-site.
25. 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.
26. Tree Protection Standards. The Permittee shall maintain the trees and other vegetation shown to be retained in this project and as noted on the Approved Plan Set. Maintenance shall include pruning and watering as necessary and protection from construction damage. Prior to the removal of any tree on the site, all trees to be preserved shall be permanently identified by metal numbered tags. Prior to issuance of the Grading Permit or removal of any tree, all trees to be saved shall be protected by chain link fencing or other fencing type approved by the Director of Planning. 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.
27. Nesting Birds. Pursuant to applicable Federal and State laws, including the Migratory Bird Treaty Act, the Endangered Species Act (ESA), and the Bald and Golden Eagle Protection Act (BGEPA), the subject trees shall not be removed between February 1 and August 31 if nesting birds are present. A report from a Wildlife Trained Biologist is required prior to removal if an active bird’s nest is found.
28. Tree Removal In-Lieu Fee. Prior to the removal of trees without on-site replacement trees, the permittee shall pay the invoice for tree replacement in- lieu payment per Municipal Code Section 13.32 for 46 15-gallon replacement trees. The fee shall be paid prior to Building Permit issuance or Grading Permit issuance, whichever comes first, according to the current adopted fee schedule. The applicable off -site tree mitigation in-lieu fee of $46,000, for 46 trees not planted on-site, is applicable before the Building Permit issuance.
29. 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. An in-lieu fee of $1,000 (per 15- gallon tree) for each replacement tree will be applicable if it is not planted on-site.
30. Verification of Payment and/or Planting of Replacement Tree(s). After payment of the in-lieu fee and/or the planting of replacement trees on- site, the permittee shall provide appropriate evidence, such as but not limited to photographs and/or receipts, to the Planning Project Manager to verify compliance with the mitigation requirements.
Such evidence shall be uploaded to www.sjpermits.org using these instructions:
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a. How to set up an account: https://www.sanjoseca.gov/business/development- services-permit-center/online-permits-at-sjpermits-org, and b. How to upload:
https://www.sanjoseca.gov/home/showpublisheddocument/88853/638088605255 430000
Such evidence shall also be mailed to the Planning Project Manager and labeled PD25-020.
31. Replacement Tree Failure. On-site replacement trees that fail within three years after planting shall be promptly replaced per Section 13.32.110.E of the San Jose Municipal Code.
32. Landscaping Conditions.
a. Landscaping. Planting and irrigation are to be provided by the Permittee, as indicated, on the final Approved Plans.
b. 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. The design of the system shall be approved and stamped by a California Registered Landscape Architect.
c. 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.
33. Perimeter Fencing: New four to six-foot-high bollard steel fencing shall be installed on the north side of the site, for screening and noise attenuation, as shown in the approved plans. All other perimeter fencing is as shown in the approved plan set.
34. Noise Control. Sound shall be contained within the buildings, and the buildings shall be adequately insulated to prevent excessive sound from emanating outside.
Adequate HVAC (air conditioning) shall be provided to allow all doors and windows on the subject site to remain closed during the operation and activities of the site. Per the Zoning Code, the maximum noise levels emanating from the interior of any of the facilities shall not exceed 55 decibels (dBA) at the adjacent residential property line and 60 decibels (dBA) at non- residential property lines. Outdoor noise levels shall conform to the Performance Standards of the Zoning Code, as may be amended.
35. Building Division Clearance for Issuing Permits. Prior to the issuance of a Building Permit, the following requirements must be met to the satisfaction of the Chief Building Official:
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a. Construction Plans. This permit file number, PD25- 020, 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 begins with the initial plan check submittal to the Building Division.
Prior to any building permit issuance, building permit plans shall conform to the approved Planning development permits and applicable conditions. d. Other. Such other requirements as may be specified by the Chief Building Official.
36. Bureau of Fire Department Clearance for Issuing Permits. Prior to the issuance of a Building Permit, the project must comply with the California Fire Code, or as may be amended or updated by the City.
37. Public Works Clearance for Building Permit(s) or Map Approval: Prior to the approval of the Tract or Parcel Map (if applicable) by the Director of Public Works, or the issuance of Building permits, whichever occurs first, the Permittee will be required to have satisfied all of the following Public Works conditions. The Permittee is strongly advised to apply for any necessary Public Works permits prior to applying for Building permits. Standard review timelines and submittal instructions for Public Works permits may be found at the following: 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: The project grocery store would not require a detailed CEQA transportation analysis, because the project is expected to result in less -than- significant VMT impacts based on Table 1 (Screening Criteria for CEQA Transportation Analysis for Development Projects) of the Transportation Analysis Handbook 2023, as a local -serving retail space of 100,000 square feet of gross floor area or less without drive- through operations. Per California Senate Bill 131 (SB 131), day care centers that are not located in a residential area are exempt from CEQA. In conformance with SB 131, the daycare facility meets the requirement for ministerial exemption from a CEQA transportation analysis. No additional transportation analysis is required.
c. Grading/Geology:
i. A grading permit is required prior to the issuance of Public Works Clearance.
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ii. All on-site storm drainage conveyance facilities and earth retaining structures 4 feet in height or greater (top of wall to bottom of footing) or that are being surcharged (slope of 3:1 or greater abutting the wall) shall be reviewed and approved under a 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 latest 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 with 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 (SWPPP) for controlling storm wa ter discharges associated with construction activity. Copies of these documents must be submitted to the City Project Engineer prior to issuance of a grading permit.
v. The Project site is within the State of California Seismic Hazard Zone. A geotechnical investigation report addressing the potential hazard of liquefaction must be submitted to, reviewed, and approved by the City Geologist prior to issuance of a grading permit or Public Works Clearance. The report should also include, but not be 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) , including 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 will be in conformance with City Policy 6-29.
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ii. Final inspection and maintenance information on the post -construction treatment control measures must be submitted prior to issuance of 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 state that all post construction storm water pollution control BMPs have been installed as indicated in the approved plans and all significant changes have been reviewed and approved in advance by the Department of Public Works.
iv. A Storm Water TCM Easement may be required.
v. Stormwater Peak Flow Control Measures: The project is located in a non- Hydromodification Management area and is not required to comply with the City’s Post-Construction Hydromodification Management Policy (Council Policy 8-14).
e. 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.
f. Sewage Fees: In accordance with the City of San Jose Municipal Code Chapter
15.16, all storm sewer area fees, sanitary sewer connection fees, and sewage treatment plant connection fees, less previous credits, are due and payable prior to Public Works Clearance.
g. Street Improvements:
i. Construct 4’ ADA pathways behind the flares for driveways on Cottle Road and Rochester Avenue per City Standards.
ii. Construct updated curb ramps to meet current ADA standards at the intersection of Rochester Avenue & Makati Circle and the intersection of Makati Circle & Musto Avenue.
iii. Provide a total of $3,000 in signal monetary contribution for signal upgrade including High-Visibility Backplates (HVBP) at Blossom Hill Rd & Poughkeepsie Rd.
iv. 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 Chapter 19.28.
v. Permittee shall be responsible for removing and replacing curb, gutter, and sidewalk damaged during construction of the proposed project.
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h. 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.
i. Landscape Improvements:
i. Retain landscape architect to prepare Landscape Improvement Plans for Type 1 back -up landscape improvements within the public right -of-way per City standards; refer to the current “Guidelines for Planning, Design, and Construction of City Streetscape Projects”.
ii. All City-owned landscaping shall require a dedicated irrigation system and electrical controller, separate from the private onsite system, conforming to City Standard design details and specifications.
38. Standard Environmental Permit Conditions.
a. Construction-related Air Quality: The following measures shall be implemented during all phases of construction to control dust and exhaust at the project site:
i. Water active construction areas at least twice daily or as often as needed to control dust emissions.
ii. Cover trucks hauling soil, sand, and other loose materials and/or ensure that all trucks hauling such materials maintain at least two feet of freeboard. iii. Remove visible mud or dirt track-out onto adjacent public roads using wet-power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
iv. Limit all vehicle speeds on unpaved roads to 15 mph. 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. Suspend all excavation, grading, and/or demolition activities when average wind speeds exceed 20 mph.
viii. Wash off all trucks and equipment, including their tires, prior to leaving the site. ix. Treat unpaved roads providing access to sites located 100 feet or further from a paved road with a 6- to 12-inch layer of compacted wood chips, mulch, or gravel. x. Minimize idling time either by shutting equipment off when not in use or reducing the time of idling to no more than 2 minutes (A 5-minute limit is required by state Airborne Toxics Control Measures [Title 13, Sections 2449(d)(3) and 2485 of the California Code of Regulations]). Provide clear signage that posts this requirement for workers at all access points to the site.
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xi. Maintain and properly tune all construction equipment in accordance with the manufacturer’s specifications. Check all equipment by a certified mechanic and record a determination of running in proper condition prior to operation. xii. Post a publicly visible sign with the name and phone number of an on- site construction coordinator to contact regarding dust complaints. The on- site construction coordinator shall respond and take corrective action within 48 hours.
The sign shall also provide the City’s Code Enforcement Complaints email and number and the Bay Area Air Quality Management District’s General Air Pollution Complaints number to ensure compliance with applicable regulations. b. Biological Resources:
i. Santa Clara Valley Habitat Plan. The project is subject to applicable SCVHP conditions and fees (including the nitrogen deposition fee) prior to issuance of any grading permits. The Permittee would be required to submit the Santa Clara Valley Habitat Plan Coverage Screening Form ( https://www.scv- habitatagency.org/DocumentCenter/View/151/Coverage-
ScreeningForm?bidId=? to the Director of Planning, Building and Code Enforcement (PBCE) or the Director's designee for approval and payment of the nitrogen deposition fee prior to the issuance of a grading permit. The Habitat Plan and supporting materials can be viewed at https://scv-
habitatagency.org/178/Santa-Clara-Valley-Habitat-Plan
c. Cultural Resources:
i. Subsurface Cultural Resources. If prehistoric or historic resources are encountered during excavation and/or grading of the site, all activity within a 50- foot radius of the find shall be stopped, the Director of PBCE or the Director’s designee and the Cit y’s Historic Preservation Officer shall be notified, and a qualified archaeologist shall examine the find. The archaeologist shall 1) evaluate the find(s) to determine if they meet the definition of a historical or archaeological resource; and (2) make appropriate recommendations regarding the disposition of such finds prior to issuance of building permits.
Recommendations could include collection, recordation, and analysis of any significant cultural materials. A report of findings documenting any data recovery shall be submitted to Supervising Environmental Planner and Historic Preservation Officer of the Department of PBCE and the Northwest Information Center (if applicable). Project personnel should 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 2641, shall be followed. In the event of the discovery of human remains during construction, there shall be no further excavation or disturbance of the SAW:DHZ:JMD:KMF
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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 remains are believed to be Native American, the Coroner shall contact the NAHC within 24 hours. The NAHC will then designate a Most Likely Descendant (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 authorized representative shall work with the Coroner to reinter the Native American human remains and associated grave goods with appropriate dignity in a location not subject to further subsurface disturbance:
1) 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. 2) The MLD identified fails to make a recommendation; or 3) The landowner or his authorized representative rejects the recommendation of the MLD, and the mediation by the NAHC fails to provide measures acceptable to the landowner.
d. Geology and Soils:
Seismic Hazards
i. To avoid or minimize potential damage from seismic shaking, the project shall be constructed using standard engineering and seismic safety design techniques. Building design and construction at the site shall be completed in conformance with the recommendations of an approved geotechnical investigation. The report shall be reviewed and approved by the City of San José Department of Public Works as part of the building permit review and issuance process. The buildings shall meet the requirements of applicabl e Building and Fire Codes as adopted or updated by the City. The project shall be designed to withstand soil hazards identified on the site and the project shall be designed to reduce the risk to life or property on site and off site to the extent feasible and in compliance with the Building Code.
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 Code, as adopted by the City of San José.
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obtained prior to the issuance of a Public Works clearance. These standard practices would ensure that the future building on the site is designed to properly account for soils-related hazards on the site.
Paleontological Resources
i. If vertebrate fossils are discovered during construction, all work on the site shall stop immediately, the Director of Planning or Director’s designee of the Department of Planning, Building and Code Enforcement (PBCE) shall be notified, and a qualified professional paleontologist shall assess the nature and importance of the find and recommend appropriate treatment. 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 Planning or the Director’s designee.
e. Construction-related Water Quality.
i. Burlap bags filled with drain rock shall be installed around storm drains to route sediment and other debris away from the drains.
ii. Earthmoving or other dust-producing activities shall be suspended during periods of high winds.
iii. All exposed or disturbed soil surfaces shall be watered at least twice daily to control dust as necessary.
iv. Stockpiles of soil or other materials that can be blown by the wind shall be watered or covered.
v. All trucks hauling soil, sand, and other loose materials shall be 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 excavation and grading work shall be scheduled in dry weather months or construction sites shall be weatherized.
ix. All unpaved entrances to the site shall be filled with rock to knock mud from truck tires prior to entering City streets. A tire wash system shall be installed if requested by the City.
x. 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.
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f. Construction-related Noise.
i. Pile driving is prohibited.
ii. Limit construction hours to between 7:00 a.m. and 7:00 p.m. Monday through Friday for any on- site or off- site work within 500 feet of any residential unit.
Construction outside of these hours may be approved through a development permit based on a site-specific “construction noise mitigation plan” and a finding by the Director of Planning, Building, and Code Enforcement that the construction noise mitigation plan is adequate to prevent noise disturbance of affected residential uses.
iii. Construct solid plywood fences around ground-level construction sites adjacent to operational business, residences, or other noise-sensitive land uses. iv. Equip all internal combustion engine-driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment. v. Prohibit unnecessary idling of internal combustion engines. vi. Locate stationary noise- generating equipment such as air compressors or portable power generators as far as possible from sensitive receptors. Construct temporary noise barriers to screen stationary noise-generating equipment when located near adjoining sensitive land uses.
vii. Utilize “quiet” air compressors and other stationary noise sources where technology exists.
viii. 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 businesses, residences, and other noise-sensitive land uses of the construction schedule, in writing, and provide a written schedule of “noisy” construction activities to adjacent land uses and nearby residences. x. If complaints are received or excessive noise levels cannot be reduced using the measures above, erect a temporary noise control blanket barrier along the surrounding building facades that face the construction sites. xi. Designate a “disturbance coordinator” who would be responsible for responding to any complaints about construction noise. The disturbance coordinator will determine the cause of the noise complaint (e.g., bad muffler, etc.) and shall require that reasonabl e 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.
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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 Planned Development Permit was not abated, corrected, or rectified within the time specified on the notice of violation; or b. A violation of any City ordinance or State law was not abated, corrected, or rectified within the time specified on the notice of violation; or c. The use as presently conducted creates a nuisance.
In accordance with the findings set forth above, a permit to use the subject property for the 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.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.