RESOLUTION NO. FILE NOs. PD and ABC16-003

Transcription

1 RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN JOSE APPROVING, SUBJECT TO CONDITIONS, A PLANNED DEVELOPMENT PERMIT TO ALLOW THE OFF-SALE OF A FULL-RANGE OF ALCOHOLIC BEVERAGES AND AN INCIDENTAL PUBLIC DRINKING ESTABLISHMENT IN A 19,500-SQUARE FOOT COMMERCIAL TENANT SPACE AND GRANTING THE DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR OFF-SALE OF ALCOHOL FOR A PROPOSED RETAIL USE, ON AN APPROXIMATELY 43.2-GROSS ACRE SITE ON THE SOUTHEAST CORNER OF ALMADEN EXPRESSWAY AND CHERRY AVENUE (5140 CHERRY AVENUE) FILE NOs. PD and ABC WHEREAS, pursuant to the provisions of Chapter of Title 20 of the San José Municipal Code, on June 9, 2016, the applicant, on behalf of Total Wine and More submitted an application (File Nos. PD and ABC16-003) with the City of San José for a Planned Development Permit to allow the off-sale of a full-range of alcoholic beverages and an incidental public drinking establishment (tasting of beer, wine, and spirits) for a proposed retail use in a 19,500-square foot commercial tenant space and granting a Determination of Public Convenience or Necessity on an approximately gross acre site on that certain real property situated in the A(PD) Planned Development Zoning District and located at the southeast corner of Almaden Expressway and Cherry Avenue (5140 Cherry Avenue, San José, which real property is sometimes referred to herein as the subject property ); and WHEREAS, the subject property is all that real property more particularly described in Exhibit A, entitled Legal Description, which is attached hereto and made a part hereof by this reference as if fully set forth herein; and 1

2 WHEREAS, pursuant to and in accordance with Chapter of Title 20 of the San José Municipal Code, the Planning Commission conducted a hearing on said application on October 12, 2016, notice of which was duly given; and WHEREAS, at said hearing, the Planning Commission gave all persons full opportunity to be heard and to present evidence and testimony respecting said matter; and WHEREAS, at said hearing, the Planning Commission made a recommendation to the City Council respecting said matter based on the evidence and testimony; and WHEREAS, pursuant to and in accordance with Chapter of Title 20 of the San José Municipal Code, this City Council conducted a hearing on said application, notice of which was duly given; and WHEREAS, at said hearing, this City Council gave all persons full opportunity to be heard and to present evidence and testimony respecting said matter; and WHEREAS, at said hearing this City Council received and considered the reports and recommendations of the City s Planning Commission and the City s Director of Planning, Building and Code Enforcement; and WHEREAS, at said hearing, this City Council received in evidence a plan for the subject property entitled, Total Wine & More, dated June 1, 2016, last updated September 11, 2016, said plan is on file in the Department of Planning, Building and Code Enforcement and is available for inspection by anyone interested herein, and said plan is incorporated herein by this reference, the same as if it were fully set forth herein; and WHEREAS, said public hearing before the City Council was conducted in all respects as 2

3 required by the San José Municipal Code and the rules of this City Council; and WHEREAS, this City Council has heard and considered the testimony presented to it 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: After considering all of the evidence presented at the Public Hearing, the City Council finds that the following are the relevant facts and findings regarding this proposed project: 1. Site Description and Surrounding Uses. The project site is located on the southeast corner of Almaden Expressway and Cherry Avenue, at 5140 Cherry Avenue. The project site is located within the approximately 400,000-square foot Almaden Ranch Shopping Center. Land uses surrounding the site include a neighborhood shopping center with a grocery store to the north, retail/commercial uses and the Guadalupe River to the northeast with single-family detached residences being located across the Guadalupe River, the Santa Clara Valley Water District percolation ponds to the east, an elevated portion of State Highway Route 85 to the south, and a variety of large and small retail and commercial uses to the west. 2. Project Description. This project is a Planned Development Permit to allow the offsale of a full-range of alcoholic beverages and an incidental public drinking establishment (tasting of beer, wine, and spirits) in a 19,500-square foot commercial tenant space and a Determination of Public Convenience or Necessity for off-sale of alcohol for a proposed retail use, on 43.2-gross acre site. 3. General Plan Conformance. The proposed project site has an Envision San José 2040 General Plan Land Use/Transportation Diagram designation of Regional Commercial (see Figure 4), which is intended for commercial areas that attract customers from a regional area and play an important fiscal and economic role for the City. Large, specialty retail uses are consistent with this designation. The proposed use requires careful consideration in light of the following General Plan policy: a. Land Use 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. 3

4 Analysis: The proposed use is a specialty retail business focused on the sale and promotion of alcoholic beverages, and does not provide fresh fruit, vegetables, and meat. While the proposed use is not a preferred establishment offering a full range of food choices, it will provide a unique retail experience with products and services that are not currently available elsewhere in San José or nearby communities. These counter-balancing General Plan policy considerations are further analyzed below. b. The project conforms to the following key General Plan policies: i. Commercial Lands Goal LU-4: Establish commercial uses that maximize revenue to the City and provide employment for its residents in order to achieve fiscal sustainability and our desired jobs per employed resident ratio. ii. Cultivate Fiscal Resources Policy FS-2.1: Focus on economic development to sustain the fiscal health of our City, promoting land use development as a tool to support job growth, revenue generation, attractive place-making and the delivery of high quality government services to the community. iii. Promote Fiscally Beneficial Land Use Policy FS-4.4: Identify, designate and maintain an adequate number of suitable sites for a full range of commercial opportunities, including large-scale commercial centers and neighborhood-scale shopping opportunities, to serve the resident and visitor consumer population fully and to increase sales tax revenue in San José. Analysis: The City s Office of Economic Development (OED) has provided an assessment of the potential economic and fiscal benefits of Total Wine and More as an employer and sales tax generator. Based on OED s assessment, Total Wine and More would be a valuable addition to San José s current retail offerings. As a destination specialty store, it would draw in customers from a large surrounding radius and generate a significant amount of new sales tax revenue. Based on the project applicant s estimates of $15.5 million in sales in their first year, Total Wine and More would contribute $155,000 in revenue annually to the City of San José General Fund. This is equivalent to 16 percent of the City s annual revenue from all other liquor stores, indicating the large volume of Total Wine and More. This type of regional retail draw would also help decrease San José s sales tax leakage, which is a measure of sales taxes paid by San José residents who shop in neighboring jurisdictions and thus pay sales tax outside of San José. At present, the City s per capita retail sales tax revenue is approximately $155 per capita, lower than the average retail sales tax revenue of approximately $240 per capita of surrounding cities. Based its business model as well as news reports about its operations, Total Wine and More does not seem to be in direct competition with general grocery stores, nor is it a convenience liquor store. It is 4

5 a specialty store that focuses on carrying a wide selection of wines and providing wine education for its customers. This business is currently expanding in markets across the nation, and its on-going success in attracting customers is noteworthy given the current landscape in which online shopping is increasingly encroaching into the revenues of traditional brick-and-mortar retail. iv. Commercial Policy LU-4.2: In order to attract shoppers from throughout the region, encourage distinctive regional-serving commercial uses on sites near the City s borders. Give preference to locations having good access to freeways and major arterials or near multimodal transit stations. Analysis: Total Wine and More is a unique, regional commercial retailer which provides an impressive collection of local beer and wines, mainstream liquor, and distinctive specialty options. Total Wine and More also offers instructional tasting and classes to its patrons, enhancing the distinctive experience. This use is a regional draw, complementing other large retailers in the shopping center like Bass Pro Shops. The closest Total Wine and More location is in Fremont, and beyond that, in the Sacramento region. The proposed location is easily accessible from Highway 85, Highway 87, and Almaden Expressway. The shopping center is within 300 feet of Valley Transportation Authority (VTA) bus line No. 64 and within 2,000 feet of the Oakridge Light Rail station. This use differentiates itself from neighborhood-serving retail, such as a pharmacy or large big box retailer, in that it provides unique products and educational opportunities not available at other retailers. 4. Zoning Ordinance Compliance. This proposed project is located in the A(PD) Planned Development Zoning District which requires a Conditional Use Permit and a Determination of Public Convenience or Necessity for the off-sale of alcohol. These requirements are satisfied through this Planned Development Permit and Determination of Public Convenience or Necessity. a. Setbacks and Height. The proposed project will occupy an existing building within the Almaden Ranch shopping center. Specific development standards for buildings on this site, such as setbacks and height, were previously approved under Planned Development Permit No. PD11-024, which conforms to the approved General Development Plan of the Planned Development Zoning. b. Parking. Per Section of the Zoning Ordinance, the required parking ratio for a Neighborhood Shopping Center is one parking space per 225 square feet of floor area. The overall Almaden Ranch shopping center has a total floor area of approximately 219,600 square feet and provides 1,070 parking spaces (94 more spaces than the minimum required). As the proposed project would occupy an existing 19,500-square foot tenant space within the larger shopping center, no additional parking is required. 5

6 5. Environmental Review. 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. On September 12, 2016, the Director of Planning, Building and Code Enforcement issued a Determination of Consistency stating that the environmental impacts of this Project were addressed by the Almaden Ranch Subsequent Environmental Impact Report, with findings adopted by City Council Resolution No on March 20, Specifically, the following impacts were reviewed and found to be adequately considered by the FEIR: Cultural Resources, Air Quality, Geology & Seismicity, Aesthetics, Air Safety, Energy Supply & Natural Resources, Noise, Biological Resources, Transportation and Circulation, Public Services and Utilities, Hazardous Materials, Hydrology & Water Quality, Land Use, and Greenhouse Gas Emissions. The proposed Total Wine and More would be located within an existing building in the Almaden Ranch center. The operation of the store will not result in an increase in the severity of previously identified impacts nor any new significant impacts beyond those analyzed in the FSEIR, in that retail uses were anticipated and included in the analysis. 6. Council Policy 6-23: Guidelines for Evaluation of Nightclubs and Bars. In making recommendations on projects that include the service of alcoholic beverages for onsite consumption, staff evaluates each proposal on the basis of the City Council s adopted Guidelines for Evaluation of Nightclubs and Bars. These Guidelines identify project characteristics that are needed for approval and are intended to ensure that bars and nightclubs conform to City requirements and are compatible with their surrounding neighborhoods. These guidelines are primarily applicable to bars and nightclubs that are larger in scale and serve alcohol as the primary use of the site, but they are also used in evaluating projects that include the service of alcoholic beverages. With regard to Total Wine and More, the classroom is approximately 660 square feet, which equals approximately 3.4% of the floor area. The two tasting areas on the main sales floor are very limited in size (less than 100 square feet) and can only accommodate four to five patrons at one time. These areas will be sectioned-off from the main store, and no one under the age of 21 will be allowed to enter these areas. Council Policy 6-23 requires submittal of a detailed Operations Management Plan, which describes in-store security, extensive employee training to prevent under-age drinking or inappropriate behavior, and management of tasting areas and classes. The project applicant submitted a detailed Operations Management Plan to the City s Director of Planning and to the San José Police Department for review and determination of conformance with Council Policy This project is a specialty retail establishment for alcoholic beverages, and the tasting area and classroom are incidental to this use. Regarding the hours that patrons could taste and purchase alcohol, the applicant is proposing 8:00 a.m. to 11:00 p.m., Monday 6

7 through Saturday, and 8:00 a.m. to 9:00 p.m. on Sunday. Larger issues related to land use compatibility, noise, and parking have all been analyzed via the zoning and general plan conformance review, the Planned Development Permit findings, the Off-Sale findings, and the Determination of Public Convenience or Necessity findings. The analysis involved in making these findings confirms that this project meets the intent of this Council Policy and is in conformance with the policy. 7. Conditional Use Permit Findings. The City Council concludes and finds, based on the analysis of the above facts in regards to the Planned Development Permit and Determination of Public Convenience or Necessity, that: a. The proposed use at the location requested will not: i. Adversely affect the peace, health, safety, morals or welfare of persons residing or working in the surrounding area; ii. or Impair the utility or value of property of other persons located in the vicinity of the site; or iii. Be detrimental to public health, safety or general welfare; and Analysis: As indicated in a Police Department Memorandum dated September 15, 2016, the proposed use is located within an area of high crime, but is not unduly concentrated, and the Police are neutral to this proposal. Proposed daily hours of operation from 6:00 a.m. to 12:00 midnight will be within the by-right allowances under the Municipal Code. The use will operate as a retail business and is not considered a bar even though alcohol will be consumed on-site in limited quantities per specific ABC license types. The project conforms to intent of the City Council Policy 6-23: Guidelines for Evaluation of Nightclubs and Bars in that the applicant has submitted a detailed Operations Management Plan, which describes in-store security, extensive employee training to prevent under-age drinking or inappropriate behavior, and management of tasting areas and classes. The use is located approximately 1,000 feet away from the nearest residential uses. b. The proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in this title, or as is otherwise required in order to integrate said use with the uses in the surrounding area; and Analysis: The proposed project will occupy an existing building within the Almaden Ranch Shopping Center, and does not include any exterior modifications. All development features, including setbacks, loading facilities, landscaping, and parking, etc., are sufficient for the proposed use and comply with the requirements of the previously approved Planned Development Permit for this site (PD11-024). 7

8 c. The proposed site is adequately served: By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate; or by other forms of transit adequate to carry the kind and quantity of individuals such use would generate; and by other public or private service facilities as are required. Analysis: Access to the subject site is provided by Almaden Expressway and Cherry Avenue, which are both major public streets. The Almaden Ranch shopping center is located adjacent to Highway 85 and nearby Highway 87. The site is also within 300 feet of VTA bus route No. 64 and within 2,000 feet of the Oakridge Light Rail station. 8. Required Findings for Off-Sale of Alcohol. A Conditional Use Permit may be issued pursuant to the applicable provisions of the Zoning Ordinance for the off-sale of any alcoholic beverages only if the decision-making body first makes the following three findings, if applicable, to the off-sale of alcoholic beverages: a. For such use at a location closer than 500 feet from any other use involving the off-sale of alcoholic beverages, situate either within or outside the City, that the proposed location of the off-sale of alcoholic beverages use would not result in a total of more than four establishments that provide alcoholic beverages for offsite consumption within a one-thousand 1,000-foot radius from the proposed location. Analysis: There are four other uses involving the off-sale of alcoholic beverages within a 500-foot radius of the proposed site. These include one full-service grocery store (Safeway), one carwash (Classic Car Wash), one small market (Kalinka), and one gas station convenience store (Almaden Arco). There are no other uses with alcohol sales within a 1,000-foot radius of the site, and this site will be the fifth off-sale of alcoholic beverages location within 1,000 feet. Therefore, this finding cannot be made. b. For such use at a location closer than 500 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 use would result in a total of more than four establishments that provide alcoholic beverages for offsite consumption within a 1,000-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. iii. Impair the utility or value of property of other persons located in the vicinity of the area; or Be detrimental to public health, safety or general welfare. 8

9 Analysis: This use is a specialty retail store which does not function like a bar or nightclub, but rather a retail store with hours of operation between 6:00 a.m. to midnight. As discussed previously, the Police Department memorandum states that the use is located within an area of high crime, but is not unduly concentrated, and the Police are neutral to this proposal. The project conforms to the intent of the City Council Policy 6-23: Guidelines for Evaluation of Nightclubs and Bars as discussed previously. This use is expected to increase the utility or value of property of other persons location in the vicinity of this area by providing a unique and desirable retail experience that is not currently provided in the City of San José. The specialty retail store will feature local products and promote economic development in the larger region. The business will occupy an existing vacant tenant space within the Almaden Ranch Shopping Center, which will increase the overall vitality of the center. Based upon the above facts, the project conforms to this requirement and this finding can be made. c. For such a use at a location closer than 500 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 closer than 150 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, residential care facility, residential service facility and/or school use. Analysis: The proposed use is not within 500 feet of a school, day care center, public park, social services agency, or residential care or service facility, and is not within 150 feet of a residence (the nearest residence is approximately 1,000 feet away). Therefore, this finding can be made. 9. Requirements for Determination of Public Convenience or Necessity. Under California Business and Professions Code Sections and , the Department of Alcohol Beverage Control (ABC) must deny an application for a liquor license if issuance of that license would tend to create a law enforcement problem, or if the issuance would result in or add to an undue concentration of liquor licenses in the area, unless the City determines that the public convenience or necessity would be served by the issuance of the license (Determination of Public Convenience or Necessity). An undue concentration is defined as follows: 9

10 a. The premises of the proposed license are located in an area that has 20 percent greater number of reported crimes than the average number of reported crimes for the City as a whole, or b. The premises of the proposed license are located in a census tract where the ratio of existing retail off-sale licenses to population in the census tract exceeds the ratio in the County as a whole. The project site is located within a census tract that has 20 percent greater number of reported crimes than the average number of reported crimes for the City as a whole and the ratio of existing retail off-sale license to population in the census tract exceeds the ratio in the County as a whole. Therefore, in order for the ABC Department to be able to issue a license for this off-sale use, the City must grant a Determination of Public Convenience or Necessity. The analysis of the proposal is based on the required findings identified in Title 6 of the San José Municipal Code. Chapter 6.84 of Title 6 identifies the process and findings related specifically to the off-sale of alcohol and specifies that the City Council may issue a PCN only after first making the specified factual findings identified below: i. The proposed use is not located within a Strong Neighborhoods Initiative (SNI) 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: This is not in an SNI or neighborhood revitalization area or other area designated by the City for targeted neighborhood enhancement services or programs. The Police Department has determined this site would not be detrimental to public health, safety, or welfare of persons located in the area, or increase the severity of existing law enforcement or public nuisance problems in the area. Therefore, this finding can be made. a) The proposed use would not lead to more than four uses with off-premises sale of alcoholic beverage within a 1,000-foot radius from the exterior of the building containing the proposed use; and 10

11 iii. iv. Analysis: The proposed use would result in more than four off-sale establishments in a 1,000-foot radius. This would be the fifth off-sale establishment; therefore, this finding cannot be made. The proposed use would not be located within 500 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 proposed use is not within 500 feet of a school, day care center, public park, social services agency, or residential care or service facility, and is not within 150 feet of a residence. Therefore, this finding can be made. Alcoholic beverage sales would not represent a majority of the proposed use; and Analysis: Alcoholic beverage sales would represent a majority of the proposed use; therefore, this finding cannot be made. v. At least one of the following additional findings: a) 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 The census tract in which the proposed retail store is located is not unusually configured, and the proposed retail store is not intended to act as a convenience to an underserved portion of the community. This finding cannot be made. b) 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 The proposed use is a specialty store which provides a unique, large selection of wine, beer, and more to the south San José and greater San José area. This is differentiated from a corner liquor store or bar in that the price point and patrons it attracts do not loiter or become intoxicated at the site. This use differentiates itself from neighborhoodserving retail, such as a pharmacy or large big box retailer, in that it provides unique products and educational opportunities not available at other retailers. Condition No. 6 limits the operations allowed under this Permit to retail operations of a specialty off-sale of alcohol retailers like Total Wine and More. This Condition precludes other off-sale 11

12 retailers like convenience stores or neighborhood-serving retailers since their business plans typically do not include obtaining a Type 21 license in conjunction with a Type 42 or 86 in a 19,500-square foot tenant space. This finding can be made. c) 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 The census tract in which the proposed retail business is located does not have a low population density in relation to other census tracts in the City, and the proposed retail business would contribute to an increase in the absolute number of outlets for the off-premises sale of alcoholic beverages in this area. At present, there are four other uses involving the off-sale of alcoholic beverages within a 500-foot radius of the proposed site. These include one full-service grocery store (Safeway), one carwash (Classic Car Wash), one small market (Kalinka), and one gas station convenience store (Almaden Arco). This finding cannot be made. d) 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. The proposed use is a specialty retail business focused on the sale and promotion of alcoholic beverages, and alcoholic beverage sales would be a majority of the proposed use. The primary function of the project is a retail store specializing in alcohol sales, but this specialty store provides a unique shopping experience to the residents of south San Jose and the greater San Jose region. As one of several businesses within the overall Almaden Ranch Shopping Center, the proposed use would contribute to a more complete and convenient shopping experience for patrons traveling to the area. This finding can be made. Because one or more of the first four findings above cannot be made, the Council of the City of San José finds that the following significant and overriding public benefit or benefits will be provided by the proposed use: 1. Based on an assessment by the City s Office of Economic Development, Total Wine and More will be a valuable addition to San José s current retail offerings. The use is expected to attract regional shoppers and generate a significant amount of new 12

13 sales tax revenue. Based on the project applicant s estimates of $15.5 million in sales in their first year, Total Wine and More would contribute $155,000 in revenue annually to the City of San José General Fund. This is equivalent to 16 percent of the City s annual revenue from all other liquor stores. 2. Total Wine and More is a unique, regional commercial retailer that will complement other large retailers and add vitality to the Almaden Ranch Shopping Center. 3. The proposed use is a retail store for alcoholic beverages, but this specialty store would provide a unique shopping experience to the residents of south San Jose and the greater San Jose region. As one of several businesses within the overall Almaden Ranch Shopping Center, the proposed use would contribute to a more complete and convenient shopping experience for patrons traveling to the area. 4. This use is a specialty retail store which does not function like a bar or nightclub. The applicant has submitted a detailed Operations Management Plan, which describes in-store security, extensive employee training to prevent under-age drinking or inappropriate behavior, and management of tasting areas and classes. 5. The proposed use differentiates itself from neighborhood-serving retail, such as a pharmacy or large big box retailer, in that it provides unique products and educational opportunities not available at other retailers. 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 approved. The City Council expressly declares that it would not have granted this Permit except upon and subject to each and all of said conditions, each and all of which conditions shall run with the land and be binding upon the owner and all subsequent owners of the subject property, and all persons who use the subject property for the use conditionally permitted hereby. APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. Acceptance of Permit. Per Section (B), should the permittee fail to file a timely and valid appeal of this Conditional Use Permit within the applicable appeal period, such inaction by the permittee shall be deemed to constitute all of the following on behalf of the applicant: a. Acceptance of the Conditional Use Permit by the permittee; and b. Agreement by the permittee to be bound by, to comply with, and to do all things required of or by the permittee pursuant to all of the terms, provisions, and conditions of this Permit or other approval and the provisions of Title 20 of the San José Municipal Code applicable to such Permit. 13

14 2. Permit Expiration. This Conditional Use Permit shall automatically expire two years from and after the date of issuance hereof by the City Council, if within such time period, a Building Permit has not been obtained or the use, if no Building Permit is required, has not commenced, pursuant to and in accordance with the provision of this Permit. The date of issuance is the date this Permit is approved by the City Council. However, the Director of Planning may approve a Permit Adjustment to extend the validity of this Permit in accordance with Title 20 of the San José Municipal Code. The Permit Adjustment must be approved prior to the expiration of this Permit. 3. Sewage Treatment Demand. Chapter of Title 15 of the San José Municipal Code requires that all land development approvals and applications for such approvals in the City of San José shall provide notice to the applicant for, or recipient of, such approval that no vested right to a Building Permit shall accrue as the result of the granting of such approval 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 Plant 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. Substantive conditions designed to decrease sanitary sewage associated with any land use approval may be imposed by the approval authority. 4. Conformance to Plans. The development of the site shall conform to the approved Conditional Use Permit plans entitled, Total Wine & More, dated June 1, 2016, last updated September 11, 2016, on file with the Department of Planning, Building and Code Enforcement, as may be amended and approved by the Director of Planning, Building, and Code Enforcement, and to the San José Building Code (San José Municipal Code, Title 24). The plans are referred to herein as the approved plans or the Approved Plan Set. 5. Use Authorization. This Planned Development Permit and Determination of Public Convenience or Necessity authorizes the off-sale of a full-range of alcoholic beverages and an incidental public drinking establishment (tasting of beer, wine, and spirits) in a 19,500-square foot commercial tenant space. Specifically, the retail establishment allowed under this permit can sell alcohol for off-site consumption and operate an incidental drinking establishment only in conjunction with a retailer holding a Type 42 or 86 Alcoholic Beverages Control license. The hours of operation allowed are between 6:00 a.m. and midnight, daily. 6. Alcohol Service and Sale. Alcohol service and sale shall be conducted in full compliance with the issued ABC licenses. 14

15 7. Certificate of Occupancy. The permittee shall obtain a Certificate of Occupancy. Procurement of a 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 by 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 , and any such change in occupancy must comply with all other applicable local and state laws. 8. Compliance with Local and State Laws. The subject use shall be conducted in full compliance with all local and state laws, regulations and required permits. No part of this approval shall be construed to permit a violation of any part of the San José Municipal Code. The Permit shall be subject to revocation if the subject use is conducted in such a manner as to cause a nuisance, as defined below. 9. Discretionary Review. The Director of Planning, Building and Code Enforcement 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 of the San José Municipal Code. 10. Building and Property Maintenance. The property owner or operator shall maintain the property 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. 11. Generators. This Permit does not include the approval of any stand-by/backup electrical power generation facility. Any future stand-by/backup generators shall secure appropriate permits and shall conform to the regulations of Title 20 of the Municipal Code. 12. Window Glazing. Unless otherwise indicated on the approved plan, all windows shall consist of a transparent glass. 13. Outdoor Storage. No outdoor storage is allowed or permitted unless designated on the Approved Plan Set. 14. Outdoor Uses. There shall be no outdoor uses approved through issuance of this Permit. 15. Nuisance. This use shall be operated in a manner that does not create a public or private nuisance. Nor shall the use adversely affect the peace, health, safety, morals or welfare of persons residing or working in the surrounding area or be detrimental to public health, safety or general welfare. Any such nuisance shall be abated immediately upon notice by the City. 15

16 16. Anti-Graffiti. The operator shall remove all graffiti from buildings, fences, and wall surfaces within 48 hours of defacement. 17. Anti-Litter. The site and surrounding area shall be maintained free of litter, refuse, and debris: a. Cleaning shall include keeping all publicly used areas free of litter, trash, cigarette butts and garbage and shall include daily damp washing of all exterior walls and sidewalks along the project's frontage. b. The operator of the proposed use shall clean the public right-of-way immediately adjacent to the subject site before 8:00 a.m. each day. c. Mechanical equipment used for outside maintenance, including blowers and street sweepers may not be used between 10:00 p.m. and 6:00 a.m. daily. 18. Sign Approval. No signs are approved at this time. All proposed signs shall be subject to approval by the Director of Planning. 19. Landscaping. Planting and irrigation shall be provided, as indicated, on the Approved Plan Set. Landscaped areas shall be maintained and watered and all dead plant material shall be removed and replaced by the property owner. Irrigation shall be installed in accordance with Part 3 of Chapter of Title 15 of the San José Municipal Code, Water Efficient landscape Standards for New and Rehabilitated Landscaping. Any phasing of the project resulting in undeveloped areas for more than six months shall be temporarily landscaped in order to provide dust and erosion control. This temporary landscaping shall consist of mulch and drought-resistant plants and ground cover. 20. Irrigation Standards. The applicant shall install an adequately sized irrigation distribution system with automatic controllers in all areas to be landscaped that shall conform to the Zonal Irrigation Plan in the Approved Plan Set. The design of the system shall be approved and stamped by a California Registered Landscape Architect. 21. Certification. Pursuant to San José Municipal Code, Section , certificates of substantial completion for landscape and irrigation installation shall be completed by licensed or certified professionals and provided to the Department of Planning, Building and Code Enforcement prior to approval of the final inspection of the project. 22. Building Division Clearance for Issuing Permits. Prior to the issuance of a Building permit, the following requirements shall be met to the satisfaction of the Chief Building Official: a. Construction Plans. This Permit file number, PD and ABC shall be printed on all construction plans submitted to the Building Division. 16

17 b. Americans with Disabilities Act. The applicant shall provide appropriate access as required by the Americans with Disabilities Act (ADA). c. Emergency Address Card. The project developer shall file an Emergency Address Card, Form , with the City of San José Police Department. d. Construction Plan Conformance. A project construction plan conformance review by the Planning Division is required. Planning Division review for project conformance will begin with the initial plan check submittal to the Building Division. Prior to any Building Permit issuance, Building Permit plans shall conform to the approved Planning development permits and applicable conditions. 23. Revocation, Suspension, Modification. This Planned Development Permit and Determination of Public Convenience or Necessity may be revoked, suspended or modified by the City Council at any time regardless of who is the owner of the subject property or who has the right to possession thereof or who is using the same at such time, whenever, after a noticed hearing in accordance with Part 2, Chapter , Title 20 of the San José Municipal Code it finds: a. A violation of any conditions of the Planned Development Permit and Determination of Public Convenience or Necessity 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 said purpose specified above is hereby approved. APPROVED and issued this day of, 2016, by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: SAM LICCARDO 17

18 Mayor ATTEST: TONI J. TABER, CMC 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

19 0'00' NIlmber: NCS 67t995 1 Order Numbers NCS Page Pago Number: NUl11bar: LEGAL DESCRIPTION Real property In the City of of San Jose, County COunty of Santa Clara, Glara, State state of of California, california, described as follows: follows: '. LOTS LOlS 1, 1, 2, 3.3 AND 4 AS SHOWN ON THAT PARCEL PARC.EL MAP FILED FOR RECORD IN THE OFFICE OfFICE OF THE RECORDER OF THE COUNTY OF Of SANTA CLARA, STATE OF CALIFORNIA C'ALlFORNIA ON NOVEMBER 5, 2013, IN BOOK 865 OF MAPS, PAGES 36, 37 AND.38, AS AMENDED BY CERTIFICATE CER'TIFK.ATE OF CORRECTION RECORDED SEPTEMBER 26, 2014 AS DOCUMENT NO , SANTA CLARA COUNTY RECORDS. APN: affects Portion of of Lot 1; 1; affects Portion PortIon of Lot 1; 1: affects Portion of of Lot Lot 1; 1; affects Portion of Lot Lot 2; affects Portion of of Lot 2; 2: affects Lot 3 and affects Lot Lot 4 ' ARB; ARB: ; 4SB-1I-lJ01; ; Q5B : ,02; : , and , H , First American 11tle Title Insurance Company EXHIBIT "A" (File Nos. PD16-020; ABC16-003)

20 OWNER'S STATEMENT WE HEREBY STATE THAT WE ARE THE OWNERS OF OR HAVE SOME RIGHT, TITLE OR INTEREST IN IN AND TO THE REAL PROPERTY INCLUDED WITHIN THE SUBDIVISION SHOWN ON THE MAP; THAT WE ARE THE ONLY PERSONS WHOSE CONSENT IS IS NECESSARY TO PASS A CLEAR TITLE TO SAID REAL PROPERTY; AND ANO THAT WE HEREBY CONSENT TO THE MAKING OF SAID MAP AND SUBDIVISION AS SHOWN WITHIN THE DISTINCTIVE DISTINCTlVE BORDER LINE UNE AND ALL DEDICATIONS AND OFFERS OF DEDICATION THEREIN. THE REAL PROPERTY DESCRIBED BELOW IS IS DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES: PUBLIC PUBUC STREET AND PORTIONS PORllONS OF PUBLIC STREETS NOT PREVIOUSLY EXISTING AS SHOWN ON THE MAP WITHIN SAID SUBDIVISION FOR ANY AND ALL PUBLIC USES UNDER, UPON AND OVER SAID STREETS. WE ALSO HEREBY DEDICATE TO PUBLIC USE EASEMENTS FOR ANY AND ALL PUBLIC SERVICE FACILITIES INCLUDING POLES, WIRES, CONDUITS, CONDuns, GAS. GAS, WATER. WATER, HEAT MAINS AND ALL APPURTENANCES TO THE?HE ABOVE, ABOVE. UNDER, UPON, OR OVER THOSE?HOSE CERTAIN STRIPS OF LAND LYING BETWEEN THE FRONT AND/OR SIDE LINES OF LOTS AND THE DASHED LINES AND/OR THOSE CERTAIN AREAS LYING BETWEEN DASHED LINES EACH DESIGNATED AS "PSE" (PUBLIC SERVICE EASEMENT). EASEMENT), THE ABOVE MENTIONED PUBLIC SERVICE EASEMENTS TO BE KEPT OPEN AND FREE FROM BUILDINGS AND STRUCTURES OF ANY KIND EXCEPT PUBLIC SERVICE STRUCTURES, IRRIGATION SYSTEMS AND APPURTENANCES THERETO, LAWFUL FENCES AND ALL LAWFUL UNSUPPORTED ROOF OVERHANGS. WE ALSO HEREBY DEDICATE TO PUBLIC USE EASEMENTS FOR EMERGENCY ACCESS PURPOSES ON OR OVER THOSE CERTAIN STRIPS OF LAND DESIGNATED AND DELINEATED AS "EAE" (EMERGENCY ACCESS EASEMENT). THERE!HERE IS ALSO SHOWN ON THE HEREON MAP, EASEMENTS EASEMENtS FOR STORM DRAINAGE PURPOSES. PURPOSES, DESIGNATED AND DELINEATED AS "PSOE" "PSDE" (PRIVATE STORM DRAINAGE EASEMENT) INCLUOING INCLUDING THE INSTALLATION AND MAINTENANCE OF PRIVATE STORM DRAINAGE FACILITIES. THESE EASEMENTS ARE TO BE KEPT OPEN AND FREE FROM BUILDINGS AND STRUCTURES OF ANY KIND. KIND, EXCEPT IRRIGATION HON SYSTEMS AND APPURTENANCES THERETO, 1HERETO, LAWFUL FENCES AND ALL LAWFUL UNSUPPORTED ROOF OVERHANGS. OIERHANGS. THE MAINTENANCE. MAIN1ENANCE, REPAIR AND/OR REPLACEMENT OF PRIVATE STORM DRAINAGE FACILITIES SHALL BE THE SOLE RESPONSIBILITY OF THE LOT OWNERS BENEFITED, AS DETERMINED BY 1HE THE APPROPRIATE COVENANTS, CONDITIONS, CONDlTlONS, AND RESTRICTIONS. RESTRrcnONS. SAID SArD EASEMENT EASEMENr IS NOT Nor OFFERED. OFFERED, NOR IS fs IT ACCEPTED FOR DEDICATION BY THE CITY OF SAN JOSE. WE ALSO DECLARE THAT THE PARCEL OF LAND DESIGNATED AS LOT 3.3 AND LOT 4 IS IS RETAINED BY THE OWNER FOR FUTURE DEDICATION FOR HIGHWAY WlDENING WIDENING PURPOSES. SUBDIVISION NOTE NQTE FURtHER FURTHER SUBDIVISION OF LOTS 1 OR 2 IS SUBJECT TO THE CONDiTIONS CONDITIONS OF APPROVAL OF THE APPROVED PLANNED DEVELOPMENT PERMIT (FILE (RLE NO. PD11-024), INCLUDING fncludfng BUT NOT UM!T D LIMITED TO A COVENANT OF EASEMENT. OWNER ALMADEN RANCH, LLC A CALIFORNIA LIMITED LIABILITY COMPANY BY: BY: ARCADIA DEVELOPMENT CO., CO., A CALIFORNIA CORPORATION ITS: ITS: MANAGER '.1 ITS: MANAGER BY:_M ~~~ BY: NAME: f.ft TITLE: _tesjck.ni TRUSTEE H<Xf d ARCADIA 85, LlC LLC A CALlFORNIA CALIFORNIA LlMITED LIMITED LlABllITY LIABILITY COMPANY BY; BY: ARCADIA DEVELOPMENT CO., A CALIFORNIA CORPORATION AS AS TRUSTEE UNDER THE DEED OF OF TRUST RECORDED AS AS DOCUMENT NO & , , OF OFFICIAL RECORDS, SANTA CLARA COUNTY DA DATED AUGUST 12, , FIRST AMERICAN TITLE COMPANY. JOB: JOB: GD NAME i-u~,~li1j:1~1" cl TITLE _'f({.5j d(~1: A CAUF~.~~lb_~PO~.A _ N. 4 L~et.l PM-SH01 PM-SH01 BY: BY, -r7.'~ = ~... tl'j.t<kj"c"''8-l ITS, _-l1l~~~ NAME; EU TITLE: pffsidmv A PARCEL MAP CONSISTING OF THREE (3) (.3) SHEETS A SUBDIVISION OF ALL THAT CERTAIN REAL PROPERTY 0E5CRIBED DESCRIBED IN THE GRANT DEED TO ALMADEN RANCH, LLC, LlC, A CALIFORNIA LIMITED LIABILITY COMPANY, RECORDED AS DOCUMENT NUMBER , , OFFICIAL OFFfCIAL RECORDS OF SANTA CLARA COUNTY. COUNTY, STATE OF CALIFORNIA AND THE GRANT DEED TO ARCADIA 85, LLC, A CALIFORNIA LIMITED L1MI1ED LIABILITY COMPANY. COMPANY, RECORDED AS DOCUMENT NUMBER , , OFFICIAL RECORDS OF SANTA CLARA COUNTY, STATE OF CAUFORNIA. CALIFORNIA. SAN JOSE LYING WITHIN THE CITY OF CAUFORMA CAUFORNIA Land Surveyors,. Civil Engine Ena:ineers era :216 Tbe Tb$ AJ&medt /.lllmed.. deafe s.m.o CIata, ClarA, C«. Ca )50 OCTOBER OWNER'S ACKNOWLEDGMENT STATE OF CAUFORNIA CALIFORNIA COUNTY OF SANTA CLARA )SS )ss ME,_ A NOTARY PUBLIC, PERSONALLY PERSONAll. Y APPEARED- APPEAREO U' tl i..fei~n~~ itinhayd WHO PROVED TO ME ON THE BASIS OF SATISFACTORY SAllSFACTORY EVIDENCE E'v1DENCE TO BE THE PERSON(S) PERSON(s.) WHOSE NAMEC5) NAME~) 'J/ARE ~/litr SUBSCRIBED TO THE WITHIN WI~ INSTRUMENT ANO AND ACKNOWLEDGED TO ME THAT H EXECUTED THE SAME IN Y$/HER/T«ER ~/H~Tl't8R AUTHORIZED CAPACITY^), CAPACITY(1q), AND THAT BY By(Hi /~/T'H lr /FFIS/RSB/THEIR SIGNATUREFS) SIGNATUREro ON THE INSTRUMENT THE PERSON^), PERSON~, OR THE ENTITY UPON FELALF ElrHAlF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT, I CERTIFY CER11FY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CAUFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WJINESS WITNESS MY HAND AND OFFICIAL OFFlCjAl SEAL PRINTED NOTARY'S NOTARYS NAME NOTARY'S PRINCIPAL PRINC!PAL PLACE OF BUSINESS _~2~~ A_'p~ctJJ~ TIPFCG. T C-A ~ NOTARY'S NOTARYS COMMISSION NUMBER WCFEM EXPIRATION OF NOTAR! NOTARY'S S COMMISSION I fon 1< ~ 1.. TRUSTEE'S ACKNOWLEDGMENT STATE OF CAUFORNIA COUNTY OF SANTA CLARA ON QCT'PKTF ^ 20li BEFORE )SS "E. ME Dcurie.toe. Q.<;hl""~~!:.._EooLL Fe.prl A NOTARY PUBLIC. PUBLIC, PERSONAllY PERSONALLY APPEAREDJlg.+. APPEARFD ~I<;.--,"_~.!L.h& tck. ~ WHO PROVED TO ME ON THE BASiS BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSONfj) PERSON^) WHOSE NAME(1) NAME( ) IS/,lrRE IS/ARE SUBSCRIBED TO THE 'MTHIN WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/~ HE/SHE/THEY EXECUTED EXECU1ED THE SAME IN JN HIS/HER/THHR HIS/lIE~'TllEIR AUTHORIZED CAPAClTY(I~, CAPACITY(l g). ANO AND THAT BY HIS/M6tt/7HEIfr HIS/lI&R/"RIEIR SIGNATURE(~ SIGNATURE(g) ON THE INSTRUMENT THE PERSON(s-), PERSON($5. OR THE EN11TY ENTITY UPON BEHALF OF WHICH THE PERSON{S) PERSON(S) ACTED, EXECUTED THE INSTRUMENT, INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA CAUFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. NOTARY'S SIGNATURE _ PRINTED NOTARY S NOTARY'S NAME I)Jl..d:f..lJ.L ~tl.ti1 DAFV/G, AJ E. _ FILTPILL NOTARy'S NOTARY'S PRINCIPAL PLACE OF BUSINESS _SoJJf.a._~~ly NOTARY'S COMMISSION NUMBER ^1^L2_ T /J2.^D EXPIRATION 110N OF NOTARY'S COMMISSION ~.Y:Q..e.y _IO.T)LUTRY J.g+-~i~ SOILS REPORT R~ okj ON Odebe/ Oileo!/ ID 10 2OL$ 20 J~ BEFORE "E,=~.R;;:I"lt1~J LYING WITHIN THE CITY OF Ruth and-going, Cong, Inc. ~r..i<~iu, A NOTARY PUBLIC, NOTARY'S NOTARYS SIGNATURE. ~_ ~ KltHI.ltt+1 ~0/1M1it!+- ON o.~ +.b"l'_"i, BEFORE J_qQ$:..Lli~ ~ "S5 G',fO""V I WII{ Wl1NESS WITNESS MY HAND AND OFflCIAL ICIAL SEAL t.i ' 1~ aQO 'i~~----- SOILS REPORT ON THIS PROPERTY HAS BEEN PREPARED BY CORNERSTONE EARTH GROUP, DATED JUNE.30, PROJECT NO , A COPY OF WHICH HAS BEEN FILED '11TH WITH THE CITY OF SAN JOSE. ENGINEER'S STATEMENT THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCEWITH CONFORMANCI;:: THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF ARCADIA DEVELOPMENT CO. ON NOVEMBER 9, I I HEREBY STATE THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY OCCUpy THE POSITIONS INDICATED OR THAT THEY WILL BE SET IN THOSE POSITIONS BEFORE SEPTEMBER 30, 2015, AND THAT THE MONUMENTS ARE, OR WILL BE, SUFFICIENT SUFF1C1ENT TO ENABLE THE SURVEY TO BE RETRACED, RElRACED, AND THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY CONDlTlONALLY APPROVED TENTATIVE MAP. MAP, IF ANY. DATE:. 04». 1, TO IJ SIGNED: dls>_c CITY ENGINEER'S STATEMENT MICHAEL C. SHEEHY, RCE C02969 I HEREBY STATE! STAT[ THAT I HAVE EXAMINED THE HEREON PARCEL MAP; THAT THE SUBDIVISION AS SHOWN HEREON IS!S SUBSTANTIALLY SUBSTANTIAllY THE Tl-IE SAME AS IT APPEARED ON THE TENTATIVE MAP, IF ANY, AND ANY APPROVED ALTERATIONS THEREOF; THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT, AS AMENDED, AND OF ANY LOCAL ORDINANCE APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP. MAP, IF REQUIRED, HAVE HAIE BEEN COMPLIED WITH. I ALSO HERE8Y HEREBY STATE, THAT I DID (1) ACCEPT, ON BEHALF OF THE CITY OF SAN JOSE, THE DEDICATION OF ALL STREETS AND PORTIONS THEREOF AND ALL EASEMENTS OFFERED FOR DEDICATION AS SHOWN ON SAID MAP WITHIN SAID SUBDIVISION; AND (2) APPROVE APPROIE THE ABANDONMENT OF PORTIONS OF THE PUBUC SERVICE EASEMENT (PSE) NOT SHOWN SHO'I'IN ON THIS Tl-IIS MAP, THAT lliat WERE DEDICATED DED!CATED TO PUBUC USE BY A MAP RECORDED IN BOOK 434 OF MAPS AT PAGE 5. 5, RECOROS RECORDS OF SANTA CLARA COUNTY AND THE ABANDONMENT OF THE PORTION PORllON OF THE STORM AND SEWER EASEMENT NOT SHOWN ON THIS MAP. MAP, THAT WERE DEDICATED TO PUBLIC PUBUC USE IN THE GRANT DEED RECORDED IN BOOK G543 G54.3 OF OFFICIAL OFFlCIAL RECORDS AT PAGES.355 THROUGH 359, OF SANTA CLARA COUNTY. OATE: crrr CITY LAND SURVEYOR'S STATEMENT HAR^FREITAS, RCE# CITY OF SAN JOSE, CALIFORNIA I HEREBY STATE THAT I HAVE EXAMINED THE HEREON SUBDIVISION MAP AND! I AM SATISFIED THAT SAID MAP!S IS TECHNICALLY CORRECT. DATE: lo/31/g.oll kll ELC=q RECORDER'S STATEMENT SlGNEDoA'J. D(',.~, ' '_ /0-./ ~ HA@F~~;TA~,;cE'#-5i498 PATRICIA A. CANNON, LS 8186 CITY OF SAN JOSE, JOSE. CALIFORNIA FILE NO FEE PAID. ACCEPTED FOR RECORD AND FILED THIS, #3. DAY OF, 20Z/ AT _J.c".i!.:2 ' *73..l'?M. IN BOOK.. "-.2, OF MAPS AT PAGE(S).:ik..~2.eL SANTA CLARA COUNTY RECORDS, AT THE REQUEST OF FIRST AMERICAN TITLE COMPANY. REGINA REG1NA ALCOMENDRAS, COUNTY RECORDER SANTA CLARA COUNTY. CAUFORNIA DEPUTY.. j'o"""'''''''''' ~(L~ FilE No.~"! 't3..f52:i. FEE $ij,m PAID. t.j.5.. DAY OF AC~~, 20Ld SANTA CLARA COUNTY, CAUFORNIA BY~~ SHEET 1 OF J ~ ~3~ 227/3['573 Z2-3&$7 3 EXHIBIT "A" (File Nos. PD16-020; ABC16-003) &

21 LANDS LANDS OF ALMADEN PROPERTIES PARCEL M 5 ('lleg"':'! TACK & TA~'fW1~~~~l" IN CONCRETE (010) PARCEL M 5 120' ALL AIL COORDINATES, BEARINGS, OISTANCES OISTANCfS AND DIMENSIONS ARE ON 00 THE GROUND IN FEET feet AND DECIMALS THEREOF. TO OBTAIN OBTNN GRID LEVEL LE~L DISTANCES ON THE CALIFORNIA COORDINATE COOROINA SYSTEM SYSlEM OF Of 1927 ZONE 3, MULTIPLY MUl1JPLY DISTANCES SHOWN BY ~--- o GRAPHIC SCALE I" ~ 120' 60' 120', PARCEL MAP CONSISTING OF THREE (3) SHEETS A SUBDIVISION OF ALL THAT CERTAIN REAL PROPERTY DESCRIBED IN THE GRANT DEED TO ALMADEN RANCH, LLC. LLC, A CALIFORNIA LIMITED limited LIABILITY COMPANY, RECORDED AS DOCUMENT NUMBER , OFFICIAL RECORDS OF SANTA CLARA COUNTY, STATE OF CALIFORNIA AND THE GRANT DEED TO ARCADIA A.lMADEN 85, B5, LLC, A CALIFORNIA CALIfORNIA LIMITED LIABILITY COMPANY, RECORDED AS DOCUMENT NUMBER , OFFICIAL RECORDS OF SANTA CLARA COUNTY, STATE 5T A TE OF CALIFORNIA. ' LYING WITHIN THE CITY OF SAN JOSE LYING WITHIN THE CITY OF CALIFORNIA Ruth and Going, Inc. Inc, LANDS OF SCVWD Land Surveyors SUryeyors. Civil Engineers R~ The Tb,Il=.d. AJaraed* SaoU SQo... flare, CI... C*. Co. fifi&so 95Cl1;(l DOC. NO PARCEL ONE DOC. NO PARCEL ONE LINE TABLE LINE LENGTH BEARING RECORD L ' S05'21'13"E L ' N76*05'49"E (N77'00'32"EXR9) L ' S13'54'1L"E (S12*59'28"E)(R9) L ' S76Y)5'49"W (S77'00'32"W)(R9) L ' -S3FI'.67'00"F (S36'02'17" )(R9) L ' S53'03'FL0"W (S53'S7'43"W)(R9) L ' N36'57'00"W (N36'02'17"W)(R9) L ' N05*15'03"W (N04'20'20"W)(R8) L ' N653?'36"E L ' N65'3?'3R"F UNE TABLE UNE LENGTH lengti--l BEARING RECORD L ' N84'38'47"E N84".38'47"E (S85'41'32"W 63.84'){R2, 63.84')(02, PARCEL 0NE)(R7) ONE)(R7) L ' N56"06'44"F N56"06'44"E (N56*06'52"E)(R1)(R6)(R10) (N56'0652"E)(R')(R6)(Rl0 L3 4.63' 4.~3' N05'10*00"W NOS"10'OO"W L4 l ' 201,04' SQ5H'36"E S0511'36"E (S04'16'53"E)(R8) S04"6'53"E)(R8) L ' N06'58'51 NOS'S8'S1"E (N07'53'34"E)(R8) (NOT53'34"E)(R8) L6 10R.43' 10S.43' N05'15'03"W N05'lS'03"W (N04'20'20"W)(R8) 'W)(R8) 1- IP L ' N65'32'36"F N6S'32'36"E (N66'27'19" )(R8) (N66'27"9 r) (OPEN) L8 3.31' N05'11'36"W NOS'11'36"W (N04*16'53"W (N0416'5"'W 3.36')(R8) {07) L ' 76.SS' SSA'SO'OCW 884 "W)(R8).c;. '50'OO~W (S85'42'21'W)(R8),,,,> LI L ' N08'.38'02"W NOS'38'02"W ~'bq G~'v ~~ L20 y.;?' ' S05*U'36"E S05'11'36"E,/'1-,'? <?~ L ' N09'48'12"E L ' ' S05*11'36"E S05'11'36"E 40~,~'].' 1/ " ~ RELINQUISHMENT OF L " ' S05H'36"E S0511'3S~E,/' ~ g / "".'66 '6'6 ~~'}..~ ABUTTER'S RIGHTS I...4 (/) L24 PER M237 OR 1714./ '" / /' ~ I...s'b'O DOC. NO I f_~' 3' f ('$;:::: ;' /) ~ <'" L1 ~" '1"'/ / -".,,0 _C'v ' PARCEL TWO I "toio~~~ / o::soo~ L=J 'O'? vv,!0!d(o~q /! 3/4 b rp 1..0:: ' I, 6=31'23'54 H { /" I -o~'6 «"(-~ "R=550.00' I ~ ~!;o ~ ~ / I (OPENXR7),tkL D JoS' t, /"'U'" RL~5J.g7qo' -I =0.27' I / / ~~<),' "" i w I' ~3S 6" """"'-_ 6=0'01'40'" / c..1 I I ' ~ baj~ ~ Z /L &'40" 4-74' rip - - k,/ b'<l RELINQUISHMENT OF 35' STORM DRAIN ESMT! g I :J::J (R<, p 39'01') (CDH)(R7)., ~C'5IRELINQUI~HMENT OF PM&i 01? (CDH)(R7) _ ABUTTER'S RIGHTS BOOK M PAGE 0296, I,..-. Z I 0:: I- ARC!.. ' t '" N T.S./ ABUTTER S RIGHTS PER M937 OR 296 PARCEL 1 :Jjp3~~ 1 ~ C5 O?7) to; 01' ) (L=>J01.4-1' R=550>>. ~(t )_ PER M937 OR 296..tNw"-'l (5 ~ LAND.S OF ST'TE' A=J1'23'56") R=550.00' -"""I"-',,! "'" I 1--"-. 0 r-- 0.It ( ) (R2. PARCEL ONE) L=301_67~ r,., t<}'i0 00 0:: 0::/ 51 OFC'ALlFORNIA R2,PARCELONE&=31'25'34" I -" 1'... 1'-', o:g ~ 1f '-"'t j:l ~3RVE TABLE --.../ (S85',";S"8"'5 "'5';'6'~42'-!" E"""'~f7'6t',,~ t 1 VI Z oi. CURVE TABLE 0323"E ')(R2 ' '-"'!b I ~r[ CURVE RADIUS DELTA LENGTH LENGTI--l RECORD (NS5'OJ'2J"W ' PARCEL TWO),~I CI C1 40,00' 90'08'00" 90"OS'OO" 62.92' (A=90'00'00" A=90'OO OO L=62.83')(R2. L=62,83' R2, PARCEL 0NE)(R7) ONE ')(R7) " I C ' 4'26'53" 4'26'53' 81.75' STATE ROUTE 85 / C3 CJ 40.00' 70'47'39" 49.42',/ 1" IP,p. C ' 86'33'34" 8S'33'34" 51.37' 5.37' NOTES IN WELL WELi. C17 G ' 14'59'48" 14 59'48" 33.24' 1. ALL OISTANCES DISTANCES AND DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS (ORIGIN C ' 14*59'48" 14"59'48" 26.96' DECIMALS THEREOF. UNKNOWN) C ' 60'00'07" 8.38' 2. THE AREA DISTINCTIVE 8.00' 60'00'07" 8.38' ~~S~REA WITHIN THE DISllNCTIVE BORDER LINE IS ACRES, MORE OR LESS. JOB: I5330D PM-SH02 C '36'45" 78"36'45~ , THE TI--lE DISTINCTIVE DISTINCllVE BORDER LINE DENOTES THE BOUNDARY OF THE llie SUBDVISION., I I I ~ w " Q. '" N!'O. :; '" " '" D l '",:;j X, OCTOBER 2013 ABBREVIATIONS LEGEND AC ACRES OR OFFICIAL RECORDS APN ASSESSOR'S PARCEL MAP P&T PLUG AND TAG BNDY DISTINCTIVE BOUNDARY PSDE PRIVATE STORM B BASIS OF BEARINGS DRAINAGE EASEMENT CALC CALCULATED CALCULAlED PSE PUBLIC PUBUC SERVICE EASEMENT CCS CALIFORNIA COORDINATE IE SYSTEM ()m ( )(0#) RECORD INFORMATION INFORMAllON WITH CDH CALIFORNIA DIVISION OF REFERENCE NUMBER HIGHWAYS (NOW CALTRANS) (R) RADIAL BEARING COE COVENANT OF EASEMENT ROW RIGHT OF WAY EAE EMERGENCY ACCESS EASEMENT T SCVWD scvwo SANTA CLARA VALLEY ESMT EASEMENT WATER DISTRICT IP 'P IRON PIPE SNF SEARCHED FOR NOT FOUND (M-M) MONUMENT TO MONUMENT (T) (1) TOTAL TOTA.L MEAS MEASURED TYP TYPICAL MON MaN MONUMENT BASIS OF BEARINGS THE TI--lE BEARING NORTH 84* 84" 50' 00" EAST ON THE MONUMENT LINE OF CHYNOWETH CHYNOWETI--l AVENUE AS SHOWN ON THE PARCEL MAP RECORDED IN BOOK 434 OF MAPS AT PAGE 5. 5, SANTA CLARA COUNTY RECORDS WAS TAKEN AS THE BASIS OF BEARINGS. REFERENCES EXISTING RIGHT OF WAY LINE UN STREET EASEMENT DEDICATION OEDICA TlON LINE NEW LOT LINE DISTINCTIVE BORDER EXISTING EASEMENT LINE PROPOSED EASEMENT LINE TIE LINE LOT LINE (TO BE REMOVED REMQlE) BY THIS MAP) CENTER UNE EX ACCESS CONTROL FUTURE ACCESS CONTROL i i i i i i ii i t M i t ( r ii (BY (8Y SEPARATE DOCUMENT) STREET DEEOEO DEEDED TO COUNTY PER (R8) & (R11) (Rll) SET STANDARD CITY MONUMENT: A 2 t DISC SET IN CONCRETE IN WELL WITH ROUND FRAME AND COVER (STAMPED "RCE "ReE 29693") FOUND MONUMENT, AS NOTED SET NAIL, NAil, TAGGED "RCE "ReE 29693", EPOXIED IN THE SIDEWALK OR ON lop TOP OF CURB, AT APPROXIMATE <. <t TOP OF CURB. CURB, AS REFERENCE MONUMENT o SET.3/4" IRON PIPE, TAGGED "RCE "RCf 29693" FOUND MONUMENT, AS NOTED,, I, " I I I ",, ) I E I I ", I, ",,."11" IIII!!, " I _.--- (R1) (Rl) PARCEL MAP (R2) GRANT DEED (R3) GRANT DEED (R4) NOT USED (R5) RESOLUTION RESOLUllON NO (R6) GRANT DEED (R7) CALTRANS RIGHT-OF-WAY (CCS27 ZONE 3. 3, GRID) (R8) OFFER OF DEDICATION DED!CA TlON (R9) PG&E ANCHOR EASEMENT DEED OEm (RIQ)PARCEL (Rl0)PARCEl MAP (R11)GRANT (Rl1)GRANT DEED BOOK 434, PAGE 5 DOCUMENT NO OOCUMENT DOCUMENT NO DOCUMENT NO OR 352 MAP R-X152 DOCUMENT NO DOCUMENT NO BOOK , PAGE 23 DOCUMENT NO SHEET 2 OF EXHIBIT "A" (File Nos. PD16-020; ABC16-003)

22 80' 80' LANDS OF ALMADEN PROPERTIES TACK &: TAG",g,919'4B" (ILLEGIBLE) i ' IN CONCRETE NS s 0,,;,&,> it- ~3/4. IP (OPEN) <>... :~. l.(j' S ~1~ "!l' 1'... 4f!...> All COORDINATES, BEARINGS, DISTANCES AND DIMENSIONS ARE ON THE GROUND IN FEET AND DECIMAlS DECIMALS THEREOf. THEREOF. TO OBTAIN GRID LEVEL DISTANCES ON "!HE THE CAUFORNIA CALIFORNIA COORDINATE SYSTEM OF 1927 ZONE J, 0, MULTIPLY DISTANCES SHOI'M SHOWN BY PARCEL MAP CONSISTING OF THREE (3) SHEETS A SUBDiVISION SUBDIVISION or OF ALL THAT CERTAIN REAL PROPERTY DESCRIBED OESCRIBEO IN lhe THE GRANT DEED TO ALMADEN RANCH, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, RECORDED AS DOCUMENT NUMBER , OFFICIAL RECORDS OF SANTA CLARA COUNTY, STATE OF CALIFORNIA AND THE GRANT DEED TO ARCADIA 85, LLC, A CALIFORNIA UMllED LIMITED LIABILITY COMPANY, RECORDED AS DOCUMENT NUMBER OFFICIAL RECORDS OF SANTA CLARA COUNTY, STATE OF CALIFORNIA. L YlNG WI rhin THE CITY OF LANDS OF SCVWD D SAN JOSE CALIFORNIA SAN JOSE LYING WITHIN THE CITY OF CALIFORNIA NOTES R+G Ruth and Going, Inc. Land Surveyors. Civil Engineers 2lo1HI 22J8 Tfcfl Th... AI&JDeda am.d. BanIA Seat* Clare,... a. Ca_ COL S50Y.iO 9605D OCTOBER S E SEE SHEET 2 FOR RECORD DATA. 2. PRIOR TO THE ISSUANCE OF AN OCCUPANCY PERMIT FOR TI-lE THE FIRST BUILDING, A COVENANT OF EASEMENT SHALL BE RECORDED AS A SEPARATE INSTRUMENT FOR PARKING, INGRESS/EGRESS AND STORMWATER TER MAINTENANCE FOR THE BENEFIT OF ALL LOTS, INCLUDING BETWEEN LOTS ON BOTH SIDES OF THE NEW CHERRY AVENUE EXTENSION. LINE TABLE LINE LENGTH BEARING LI 62.19' N8438'47"E L ' N56'06'44"E L3 4.63' N05*10'00"W L ' N65, 32, 36"E L8 3.31' N05'11'36"W L ' N84'50'00"F L ' S63'27'39"E L ' S63'27'39" S4 ft 4$ 120' L ' S74'57'38"W L ' N18'29'08"E L ' S63*27'39"E GRAPHIC SCALE 1" - 120' L ' S63, 27'39"E L ' N08'38'02"W LIS 41.47' N18'29'08"E LI ' S63*27, 39"E LANDS OF SCVWD SCVIfD L ' S0511 '36"E L ' N09'48'12" L ' S05H'36"E CURVE TABLE CURVE RADIUS DELTA LENGTH CI Cl 40.00' 90'08'00" 62.92' C ' 4'26'53" 81.75' C ' 70*47'39" 70'47'39" 49.42" 49.42' C ' 86'33'34" 8S'33'34" 51.37' C ' 3'28'02" 87.56' C " 13.00' 90'00'00" 20.42' 20,42' C ' 3*07'41" 3'07'41" 50.99' C ' 90'23'55" 20.51' C ' 89'54'37" 20.40' C10 Cl ' 90'00'00" 20.42' C11 Cll 3.00' 90'18'31" 4.73' C ' 14'45'42" ' C D0' 300,00' 18'27'17" 96.63' C ' 90'00'00" 20,42' CI ' 90"00'00" 20.42' C ' 90'04'43" 20.44' C ' 18'27'17" ' C ' H'59'48" 14'59'48" 33.24' C ' 14'59'48" 26.96' 26.9S' C ' 6Q'00'07" SO'OO'Or 8.38" 8.38' C ' 90'09'37" 47.21' C ' 78'36'45" 78'3S'45" 41.16' C ' H'32'53" 11'32'53" 6.05' C ' 22'09'21" 11.99' C ' 15*18'14" 15'18'14" 51.82' L ' S05*11'36"F. L ' S05'21'13"E L ' N84'38'47"E L * 504*03'1B"W L ' S85'56'42 E L ' S35'28'53"W L ' S7r30'5?"F L ' N7r30'52"W L ' S89'58'09"E L ' N89"58'09"W L " S89-58'09"E L ' N89*5B'09"W L ' N26'32'21 "E L ' S26*32'21"W L ' N26'37'?1 n F L ' S26'32'?.}"W L ' S21'24'54"W L ' S30'36'02"W L ' N05'10'00"W L ' N05"10'00"W L ' N65'32'36"E L ' N65'32'36"E L ' N05'11'36"W L ' S86*34'48"E L ' N05'10'00"W L ' S86*34'48"E L ' S87'59'32"E L ' N05'10'00"W L ' S87'59'32"E L ' N10*38'29"E 1 "=60' L ' N71"34'40"F 38 EXHIBIT "A" (File Nos. PD16-020; ABC16-003)