RESOLUTION NO. FILE NO. PT14-047

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1 RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN JOSE APPROVING A VESTING TENTATIVE MAP TO SUBDIVIDE ONE (1) LOT INTO NINE (9) LOTS FOR RESIDENTIAL USES, AND ONE (1) LOT FOR COMMON USES ON AN APPROXIMATELY 0.61 GROSS ACRE SITE LOCATED ON THE WEST SIDE OF ARAUJO STREET APPROXIMATELY 300 FEET SOUTHERLY OF THE INTERSECTION OF TOWNSEND PARK CIRCLE AND ARAUJO STREET (1560 OAKLAND ROAD - 0 ARAUJO STREET) FILE NO. PT WHEREAS, pursuant to the provisions of Chapter of Title 20 and Chapter of Title 19 of the San José Municipal Code, on October 17, 2014, an application (File No. PT14-047) was filed by Villas Developers LLC, with the City of San José for a Vesting Tentative Map to subdivide one parcel into nine lots for residential uses, and one lot for common uses on a 0.61 gross acre site, on that certain real property situated in the RM(PD) Planned Development Zoning District and located on the west side of Araujo Street approximately 300 feet southerly of the intersection of Townsend Park Circle and Araujo Street (1560 Oakland Road - 0 Araujo Street, 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 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 April 13, 2016, notice of which was duly given; and 1 Council Agenda:

2 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 recommendation of the Planning Commission and the Director of Planning, Building and Code Enforcement; and WHEREAS, at said hearing this City Council received in evidence the tentative subdivision map for the subject property entitled Vesting Tentative Tract Map for Araujo Villas, last revised March 11, 2016, said tentative subdivision map is on file in the Department of Planning, Building and Code Enforcement and is available for inspection by anyone interested herein, and said tentative subdivision map is incorporated herein by this reference, the same as if it were fully set forth herein; and 2

3 WHEREAS, said public hearing before the City Council was conducted in all respects as required by the San José Municipal Code and the rules of this City Council. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE THAT: After considering evidence presented at the Public Hearing, the City Council finds that the following are the relevant facts regarding this proposed project: 1. The subject site has a land use designation of Residential Neighborhood on the Envision San José 2040 General Plan Land Use/Transportation Diagram. 2. The project site is located in the RM(PD) Planned Development Zoning District (File No. PDC14-058). 3. The Araujo Villas Planned Development Rezoning (File No. PDC15-058) (Ordinance No. ) was adopted on June 14, 2016 and allows nine singlefamily detached residential units. 4. A Planned Development Permit (File No. PD14-047) was approved on June 14, 2016 to allow the construction of nine single-family detached residential units. 5. The approximately 0.61 gross acre project site is currently vacant. 6. The site is bounded by the San José Municipal Golf Course to the south, multifamily residential to the west, and Araujo Street to the north and east. 7. The environmental impacts of the project were addressed by the Araujo Street Subdivision Mitigated Negative Declaration (MND). Pursuant to Section of the California Environmental Quality Act (CEQA) a Mitigation Monitoring and Reporting Program (MMRP) was adopted the City Council by separate resolution for the Project that includes measures to mitigate or avoid significant effects on the environment. The separate City Council resolution approving the MND and MMRP for this Project is incorporated fully herein by this reference. Subdivision Ordinance Findings. In accordance with San José Municipal Code (SJMC) section , the City Council may approve the tentative map if the City Council cannot make any of the findings for denial in Government Code Section and the City Council has reviewed and considered the information relating to compliance of the project with the California Environmental Quality Act 3

4 and determines the environmental review to be adequate. Additionally, the City Council may approve the project if the City Council does not make any of the findings for denial in San José Municipal Code Section The City Council finds that the proposed subdivision shown on the Vesting Tentative Map, subject to the conditions listed below and the requirements for project design and improvements is consistent with applicable General and Specific Plans of the City of San José, in that: a. As described in detail above and in the staff reports, the project is consistent with the site s General Plan Land Use/Transportation Diagram designation of Residential Neighborhood in that residential uses and density consistent with the surrounding neighborhood are allowed in this designation. The Residential Neighborhood General Plan Land Use/Transportation Diagram designation typically allows eight dwelling units/acre or a match of the existing neighborhood character and density. The existing surrounding density ranges from 10.5 to 17.7 dwelling units per acre and the proposed project would have a density of 14.8 dwelling units per acre. b. Additionally, the project furthers the following General Plan policies: i. Land Use Policy LU-5.1: For new infill development, match the typical lot size and building form of any adjacent development, with particular emphasis given to maintaining consistency with other development that fronts onto a public street to be shared by the proposed new project. Analysis: The infill site is located on a circular corner parcel that is surrounded by multiple-family residential developments to the west, and a mix of attached multifamily residential and single-family detached residential developments across Araujo Street. The project is proposing a density that is similar to the surrounding multi-family residential development, while integrating architecture and design features of the surrounding single-family detached residential. Five of the detached residential units would front onto Araujo Street and maintain a 12 foot setback on the south side of Araujo Street. This proposal is consistent with the existing lot density, orientation, and setback of the surrounding properties. ii. Land use Policy LU-11.1: Design all new single-family detached residences so that each home has a frontage on a public street or on a private street that appears and functions as a public street. Analysis: All the residential units would either front onto the existing public street or the proposed private street. The fronts will provide additional landscaping and 4

5 the internal private street would provide sufficient circulation for vehicle and pedestrian travel. iii. Implementation Policy IP-1.6: Ensure that proposals to rezone and prezone properties conform to the Land Use/Transportation Diagram, and advance Envision General Plan vision, goals and policies. Analysis: The existing Agricultural zoning district is currently inconsistent with the General Plan s land use designation of Residential Neighborhood. The proposed infill development would conform to the land use designation and be consistent with the uses and community design goals and policies as prescribed in the Envision San José General Plan. 2. The City Council has considered the proposed subdivision shown on the Vesting Tentative Map, with the imposed conditions, to determine whether to make any of the findings set forth in subsections of Section of the Government Code of the State of California which states: a. A legislative body of a city or county shall deny approval of a tentative map, or a parcel map for which a tentative map was not required, if it makes any of the following findings: i. That the proposed map is not consistent with applicable general and specific plans as specified in Section ii. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. iii. That the site is not physically suitable for the type of development. iv. That the site is not physically suitable for the proposed density of development. v. That the design of the subdivision or the proposed improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. vi. That the design of the subdivision or type of improvements is likely to cause serious public health problems. vii. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially 5

6 equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. Analysis: As described in detail above and in the staff reports, the proposed tentative map conformances to the General Plan, is physically suitable for development, will not conflict with access or easement, and as stated in the Mitigated Negative Declaration will not have an impact on the environment or cause serious public health problems. Based on that review, the City Council does not make any such denial findings for the subject subdivision. 3. The environmental impacts of the project have been analyzed and disclosed in compliance with the California Environmental Quality Act (CEQA). An Initial Study (IS) and Mitigated Negative Declaration (MND) were prepared by the Director of Planning, Building and Code Enforcement for the subject Planned Development Zoning, Planned Development Permit, and Tentative Map. The documents were circulated for public review from December 21, 2015 through January 13, 2016 at 5 p.m. No comments concerning were received on the IS/MND. A Mitigated Negative Declaration and a related Mitigation Monitoring and Reporting Program, pursuant to Section of the CEQA, was prepared and approved for this project which requires mitigation measures for biological resources related to nesting raptors and other migratory birds, and cultural resources related to potential discovery of archaeological and cultural artifacts to be incorporated into the project to prevent the occurrence of any significant adverse effect on the environment. Based upon the City Council s review and consideration of the IS/MND prepared for the project, the City Council finds that there are no significant environmental impacts resulting from this project with the implementation of the Mitigation Monitoring and Reporting program for the project. 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 Vesting Tentative Map 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, 6

7 and conditions of this permit or other approval and the provisions of Title 20 of the San José Municipal Code applicable to such Permit. 2. Improvements. Pursuant to the Subdivision Agreement (hereinafter referred to as "Agreement"), the Subdivider shall, before approval and recording of the Final Map, improve or agree to improve all land within the subdivision and all land outside, but appurtenant to, the Subdivision shown on the Vesting Tentative Map for public or private streets, alleys, pedestrian ways and easements to the satisfaction of the Director of Public Works. 3. Compliance with Subdivision Ordinance. The final map shall comply with all of the requirements for final maps in Chapter of the San José Municipal Code and shall show and contain all of the data required by San José Municipal Code section Improvement Agreement. In the event subdivider has not completed the improvements required for his proposed subdivision at the time the Final Map is presented for approval, subdivider shall enter into an improvement contract pursuant to Agreement with the City of San José, in accordance with Section of the San José Municipal Code, and provide the bonds and insurance mentioned therein. 5. Public Use Easements. Subdivider shall dedicate on the Final Map for public use easements for public utilities, streets, pedestrian ways, alleys, street lighting, sanitary sewers, drainage, flood control channels, water systems and slope easements in and upon all areas within the subdivision shown on the Vesting Tentative Map for the subdivision to be devoted to such purposes. 6. Conveyance of Easements. Subdivider shall convey or cause to be conveyed to the City of San José, easements in and upon all areas as shown on the Vesting Tentative Map outside the boundaries of, but appurtenant to, the subdivision. Should a separate instrument be required for the conveyance of the easement(s), it shall be recorded prior to the recordation of the Final Map. Such easements so conveyed shall be shown on the Final Map, together with reference to the Book and Page in the Official Recorder of Santa Clara County, where each instrument conveying such easements is recorded. 7. Final Map. No Final Map or Tract Map shall be approved by City Council unless and until the appeal period for the development permit, City File No. PD has expired and all appeals have been exhausted. 8. 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 permittee for, or recipient of, such approval that no vested right to a Building Permit shall accrue as 7

8 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 would 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 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. 9. Distribution Facilities. Subdivider shall, at no cost to the City, cause all new or replacement electricity distribution facilities (up to 40KV), telephone, community cable, and other distribution facilities located on the subject property to be placed underground. 10. Conformance to Plans. Development shall conform to the approved Planned Development Tentative Map entitled, Vesting Tentative Map for Araujo Villas dated March 11, 2016, 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. 11. Conformance with Other Permits. The subject Planned Development Tentative Map conforms to and complies in all respects with the Planned Development Permit PD Approval of said Planned Development Tentative Map shall automatically expire with respect to any portion of the lands covered by such Planned Development Tentative Map on which a Final Map has not yet been recorded if, prior to recordation of a Final Map thereon, the Planned Development Permit for such lands automatically expires or for any reason ceases to be operative. 12. Multiple Final Maps. Multiple Final Maps may be filed for this subdivision if each and all of the following conditions are met with each Final Map: a. All fees associated with development and a part of this approval shall be apportioned and paid for each portion of this subdivision for which a Final Map is being filed, including but not limited to Parkland Dedication, undergrounding of utilities, drainage, area and sewer treatment plan. b. All public streets on which each Final Map has frontage are improved or bonded to be improved to the satisfaction of the Director of Public Works. c. All grading, drainage, and easements for drainage, adequate to protect 8

9 each lot for which a Final Map is requested, and surrounding parcels which could be impacted by such design or lack of design, shall be guaranteed to the satisfaction of the Director of Public Works. d. Any and all off-site improvements necessary for mitigation of impacts brought about by this project shall be apportioned to the degree possible to guarantee adequate mitigation for each area for which a Final Map is being filed, to the satisfaction of the Director of Public Works. 13. Public Works Clearance for Building Permit(s) or Map Approval: Prior to the approval of the Tract or Parcel Map by the Director of Public Works, or the issuance of Building permits, whichever occurs first, the permittee will be required to have satisfied all of the following Public Works conditions. The permittee is strongly advised to apply for any necessary Public Works permits prior to applying for Building permits. a. Construction Agreement: The public improvements conditioned as part of this permit require the execution of a Construction Agreement that guarantees the completion of the public improvements to the satisfaction of the Director of Public Works. This agreement includes privately engineered plans, bonds, insurance, a completion deposit, and engineering and inspection fees. b. Transportation: This project is subject to the City's US-101/Oakland/Mabury Transportation Development Policy. The US-101/Oakland/Mabury Transportation Development Policy requires new residential and commercial developments that generate vehicular trips at either of the Policy Interchanges to pay a Traffic Impact Fee (TIF) towards the upgrade of US-101/Oakland Interchange and construction of US-101/Mabury Interchange. The 2015 TIF is $34,913 for each project peak hour trip that travels through either the US- 101/Oakland or US-101/Mabury Interchanges. This fee is subject to an annual escalation on January 1st per the Engineering News-Record Construction Cost Index for San Francisco. c. Grading/Geology: i. A grading permit is required prior to the issuance of a Public Works Clearance. The construction operation shall control the discharge of pollutants (sediments) to the storm drain system from the site. An erosion control plan may be required with the grading application. ii. All on-site storm drainage conveyance facilities and earth retaining structures 4 feet in height or greater (top of wall to bottom of footing) or is being surcharged (slope of 3:1 or greater abutting the wall) shall be reviewed and approved under Public Works grading and drainage permit prior to the issuance of Public Works Clearance. The drainage plan should include all 9

10 underground pipes, building drains, area drains and inlets. The project shall provide storm drainage calculations that adhere to the 2010 California Plumbing Code or submit a stamped and signed alternate engineered design for Public Works discretionary approval and should be designed to convey a 10 year storm event. iii. 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 investigation shall be consistent with the guidelines published by the State of California (CGS Special Publication 117A) and the Southern California Earthquake Center (SCEC, 1999). A recommended depth of 50 feet should be explored and evaluated in the investigation. d. Stormwater Runoff Pollution Control Measures: This project must comply with the City s Post-Construction Urban Runoff Management Policy (Policy 6-29) which requires implementation of Best Management Practices (BMPs) which includes site design measures, source controls and numerically-sized Low Impact Development (LID) stormwater treatment measures to minimize stormwater pollutant discharges. i. A design of the pervious pavement by a Licensed Geotechnical Engineer shall be submitted prior to the issuance of a Public Works Clearance. e. Sewage Fees: In accordance with City Ordinance all storm sewer area fees, sanitary sewer connection fees, and sewage treatment plant connection fees, less previous credits, are due prior to issuance of Public Works clearance. f. Parks: This residential project is subject to the payment of park fees in-lieu of land dedication under either the requirements of the City s Park Impact Ordinance (Chapter of Title 14 of the San José Municipal Code) or the Parkland Dedication Ordinance (Chapter of Title 19 of the San José Municipal Code). g. Street Improvements: Permittee shall implement and construct the following improvements: i. Minimum street width along project frontage shall be 34 feet. ii. Proposed driveway width shall be 26 feet. iii. Dedication and improvement of the public streets shall be to the satisfaction of the Director of Public Works. 10

11 iv. Repair, overlay, or reconstruction of asphalt pavement may be required. The existing pavement will be evaluated with the street improvement plans and any necessary pavement restoration will be included as part of the final street improvement plans. h. Sanitary: The project is required to submit plan and profile of the private sewer mains with lateral locations for final review and comment prior to construction. i. 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. j. Street Trees: The locations of the street trees will be determined at the street improvement stage. Contact the City Arborist at (408) for the designated street tree. Install street trees within public right-of-way along entire project street frontage per City standards; refer to the current Guidelines for Planning, Design, and Construction of City Streetscape Projects. Street trees shall be installed in cut outs at back of curb. Obtain a DOT street tree planting permit for any proposed street tree plantings. Street trees shown on this permit are conceptual only. k. Private Streets: i. Per Common Interest Development (CID) Ordinance, all common infrastructure improvements shall be designed and constructed in accordance with the current CID standards. ii. The plan set includes details of private infrastructure improvements. The details are shown for information only; final design shall require the approval of the Director of Public Works. 14. Expiration of Permit. This Vesting Tentative Map shall automatically expire 48 months from and after the date of issuance hereof by the Director of Planning of the City of San José. EFFECTIVE DATE The effective date of this Vesting Tentative Map shall be the same effective date of the Planned Development Zoning Ordinance for File No. PDC approved by City Council for publication of title on June 14, 2016 (the Planned Development Zoning Ordinance ) and shall be no earlier than the effective date of said Planned Development Zoning Ordinance. 11

12 APPROVED this day of, 2016, by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: ATTEST: SAM LICCARDO Mayor TONI J. TABER, CMC City Clerk 12

13 DRAFT--Contact the Office of the City Clerk at (408) or for