SAN JOSE CAPITAL OF SILICON VALLEY

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1 CITY OF Sr "3 SAN JOSE CAPITAL OF SILICON VALLEY TO: HONORABLE MAYOR AND CITY COUNCIL COUNCIL AGENDA: 05/17/16 ITEM: j 1 0. ITEM: jj 2> Memorandum FROM: Planning Commission SUBJECT: SEE BELOW DATE: April 25, 2016 COUNCIL DISTRICT: 4 SUBJECT: FILE NOS. PDC14-058, PD14-047, PT14-047: PLANNED DEVELOPMENT REZONING FROM THE A AGRICULTURE ZONING DISTRICT TO A RM(PD) PLANNED DEVELOPMENT ZONING DISTRICT, PLANNED DEVELOPMENT PERMIT AND TENTATIVE MAP TO ALLOW THE CONSTRUCTION OF NINE SINGLE-FAMILY DETACHED RESIDENCES AND SUBDIVIDE ONE PARCEL INTO NINE LOTS FOR RESIDENTIAL USES AND ONE LOT FOR COMMON USES ON AN APPROXIMATELY 0.61 GROSS ACRE SITE LOCATED AT 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). RECOMMENDATION The Planning Commission voted to recommend that the City Council approve the Planned Development Rezoning, Planned Development Permit, and Tentative Map to allow the construction of nine single-family detached residences and subdivide one parcel into nine lots for residences and one lot for common uses on an approximately 0,61 gross acre site, as recommended by staff. OUTCOME Should the City Council approve the Rezoning, Planned Development, and Tentative Map as recommended by the Planning Commission and staff, the applicant would be able to proceed with the construction of nine single-family detached residences on the subject site. BACKGROUND On April 13, 2016, the Planning Commission held a public hearing to consider the proposed subject project. Staff provided clarification to a question from the Planning Commission in regards to CEQA analysis of potential noise impact from reduced front setback on the single-

2 HONORABLE MAYOR AND CITY COUNCIL April 25,2016 Subject: File Nos. PDC14-058, PD14-047, PT Page 2 'family development. Staff explained that due to the recent ruling of the California Supreme Court of CBIA vs BAAQMD, CEQA is primarily concerned with the impact of a project on the environment and does not require public agencies to analyze the impact of the existing environmental conditions on the project. However, CEQA does require public agencies to evaluate conformance with the General Plan and Zoning Code. Therefore, staff did analyze the project for consistency with these documents. General Plan Policy EC-1.1 states that existing ambient noise levels are to be analyzed for new residences and that noise attenuation is incorporated into the project in order to bring interior and exterior noise levels down to acceptable limits. Given that the site is located on a residential street with approximately 600 daily trips, it is not anticipated that noise around the site will surpass acceptable interior levels of 45 dba DNL. There was no further discussion on the project. The Planning Commission voted to recommend that the City Council approve the requested Rezoning, Planned Development Permit and Tentative Map. ANALYSIS Analysis of the issues regarding the proposed subject project, including General Plan conformance, is contained in the attached staff report. EVALUATION AND FOLLOW-UP If the Rezoning, Planned Development Permit, and Tentative Map are approved, the applicant could proceed to the Building Division for a building permit. Additionally, staff did receive an (attached to this memorandum), after the Planning Commission Hearing, stating a neighbor's concern that the proposed project would be out of context with the neighborhood and would negatively impact the adjacent multi-family residential development. As stated in the staff report, the proposed development is at a density similar to the adjacent neighborhood that includes a mix of two-story condos, apartments, and singlefamily residences. Although there are no three-story buildings in the adjacent development, the massing and total height is similar to what is allowed in the Zoning Ordinance for a Single- Family Residence in the R-l Districts. Residences in R-l Districts are allowed to build up to 35 feet; the proposed maximum height of the subject development cannot exceed 35 feet in height. The proposed project will not be built to the property line and will not create a wall to the adjacent property. There is a minimum 10 foot setback on the subject development, and the existing adjacent development has a 10 to 20 foot setback.

3 HONORABLE MAYOR AND CITY COUNCIL April 25, 2016 Subject: File Nos. PDC14-058, PD14-047, PT Page 3 PUBLIC OUTREACH Staff followed Council Policy 6-30: Public Outreach Policy. 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's website. The project was also published in a local newspaper, the Post Record. The Planning Commission Staff Report is also posted on the City's website. Staff has been available to respond to questions from the public. COORDINATION Preparation of this memorandum has been coordinated with the City Attorney's Office. CEOA An Initial Study (IS) and Mitigated Negative Declaration (MND) were prepared by the Director of Planning, Building and Code Enforcement for the subject project. The documents were circulated for public review between December 21, 2015 and January 16, No comments were received on the Initial Study and Mitigation Negative Declaration. The MND states that the proposed Rezoning, Planned Development Permit, and Tentative Map would not have a significant effect on the environment. A Mitigation Monitoring and Reporting Program (MMRP) are attached to the staff report. The mitigation measures identified in the MND would reduce any potential significant project impacts to a less-than-significant level. The entire IS and MND are available for review online at: /s/ HARRY FREITAS, SECRETARY Planning Commission For questions please contact Steve McHarris, Planning Official, at (408) Attachments: Planning Commission Staff Report Neighborhood Correspondence

4 PC AGENDA: ITEM: 3.c. PLANNING COMMISSION STAFF REPORT File No. PDC14-058, PD14-047, PT Applicant: Mack Degan Location (O Araujo Street) West side of Araujo Street approximately 300 feet southerly of the intersection of Townsend Park Circle and Araujo Street. Existing Zoning Agricultural Council District 4 Historic Resource N/A Annexation Date: December 16, 1964 (Orchard No. 39) CEQA: Araujo Street Subdivision Mitigated Negative Declaration APPLICATION SUMMARY: Planned Development Rezoning File No. PDC A Planned Development Rezoning from the A Agricultural Zoning District to a RM(PD) Planned Development Zoning District to allow nine (9) single-family detached residences on an approximately 0.61 gross acre site. Planned Development Permit File No. PD A Planned Development Permit to allow the construction of nine (9) single-family detached residences on an approximately 0.61 gross acre site. Planned Development Tentative Map File No. PT A Planned Development Vesting Tentative Map Permit to subdivide one (1) parcel into nine (9) lots for residential uses and one (1) lot for common uses, on a 0.61 gross acre site. RECOMMENDATION: Planning staff recommends that the Planning Commission find that the project is in conformance with the California Environmental Quality Act (CEQA) and recommend to the City Council approval of a resolution adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan, ordinance adopting the proposed Planned Development Rezoning, and resolutions adopting the Planned Development Permit and Vesting Tentative Map. PROJECT DATA GENERAL PLAN CONSISTENCY General Plan Designation Residential Neighborhood Consistent Inconsistent Consistent Policies LU-5.1, LU-11.1, IP-1.6 Inconsistent Policies None

5 File Nos. PDC14-058, PD14-047, & PT Page 2 of 5 SURROUNDING USES General Plan Land Use Zoning Existing Use North Residential Neighborhood A(PD) Planned Development (File No. PDC84-080) Multi-Family Residential South Open Space, Parklands, Agricultural Municipal Golf Course Habitat East Residential Neighborhood A(PD) Planned Development (File No. PDC84-080) Single-Family Detached Residential West Residential Neighborhood A(PD) Planned Development (File No. PDC86-044) Multi-Family Residential PROJECT DESCRIPTION On October 17, 2014, the applicant Mack Degan, filed for a Planned Development Rezoning of the subject 0.61 gross acre site from the A Agricultural Zoning District to a RM(PD) Planned Development Zoning District. The applicant also filed a Planned Development Permit to allow the construction of nine single-family detached residences and a Vesting Tentative Map to subdivide the parcel into nine (9) lots for the residential units and one (1) common lot. The project would permit the construction of nine (9) three-story single-family detached residences with five (5) units fronting onto Araujo Street and four (4) units that would front a proposed private street within the site. The project would have a density of 14.8 dwelling units per acre and continue the existing front setback of the surrounding residential development. Each residential unit will include a two-car garage and five shared guest parking spaces. A minimum of 400 square feet of private open space is provided for each unit and approximately 800 square feet of common open space for the entire development. The site has an Envision San José 2040 General Plan Land Use/Transportation Diagram designation of Residential Neighborhood. It is surrounded by a mixture of multi-family residences and detached single-family residences, with an average density ranging from 10.5 to 17.7 dwelling units per acre. The site was part of excess land of the San José Municipal Golf Figure 1: Aerial Map

6 File Nos. PDC14-058, PD14-047, & PT Page 3 of 5 Figure 2: Existing Zoning Map ANALYSIS The proposed rezoning was analyzed with respect to conformance with the 1) Envision San Jose 2040 General Plan and 2) Residential Design Guidelines. Envision San José 2040 General Plan Conformance The subject site has a Residential Neighborhood land use designation on the General Plan Land Use/Transportation Diagram. This designation is applied broadly throughout the City encompassing most of the established single-family residential neighborhoods. The intent of this designation is to preserve the existing character of residential neighborhoods and to guide new infill projects to conform to the prevailing existing neighborhood character as defined by density, lot size Figure 3: General Plan Designation Map and shape, massing and

7 File Nos. PDC14-058, PD14-047, & PT Page 4 of 5 neighborhood form and pattern. New infill development should improve and/or enhance existing neighborhood conditions by completing the existing neighborhood pattern and bringing infill properties into general conformance with the quality and character of the surrounding neighborhood. The Residential Neighborhood land use designation is typically 8 dwelling units per acre or matches existing neighborhood character. The surrounding parcels in the Residential Neighborhood land use designation are a mixture of single-family detached and multi-family residential with a dwelling unit ranging from 10.5 to 17.7 dwelling units per acre. The proposed project is consistent with the Residential Neighborhood land use designation and is supported by and furthers the following General Plan goals and policies, discussed as follows: 1. 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 multiplefamily residential developments to the west, and a mix of attached multi-family 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. 2. 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 the internal private street would provide sufficient circulation for vehicle and pedestrian travel. 3. 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. Residential Design Guidelines The project mimics the existing development patterns of the neighborhood by fronting the majority of the residential development onto Araujo Street. The project enhances the pedestrian area by limiting the development to one curb cut and providing landscaping along the entire public street frontage. To reduce conflict between vehicle and pedestrian right of way, all parking entrances are provided in the rear on the private street and are out of sight from the public right-of-way. The building height and massing allowed in this Planned Development Zoning is similar to what is found in single-family residential zoning districts. The proposed architectural elements include tile open gable roof, stone base, wood trim, variety of windows and colors to break up the massing.

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9 RD:JVP:JMD 03/30/2016 RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN JOSE ADOPTING THE ARAUJO STREET SUBDIVISION PROJECT MITIGATED NEGATIVE DECLARATION, FOR WHICH AN INITIAL STUDY WAS PREPARED, ALL IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AS AMENDED, AND ADOPTING A RELATED MITIGATION MONITORING AND REPORTING PROGRAM WHEREAS, prior to the adoption of this Resolution, the Planning Director of the City of San José prepared an Initial Study and approved for circulation a Mitigated Negative Declaration for the Araujo Street Subdivision Project under Planning File Nos. PDC14-058, PD14-047, and PT (the Initial Study/Mitigated Negative Declaration ), all in accordance with the requirements of the California Environmental Quality Act of 1970, together with state and local guidelines implementing said Act, all as amended to date (collectively CEQA ); and WHEREAS, the Araujo Street Subdivision Project (the Project ) analyzed under the Initial Study/Mitigated Negative Declaration consists of a Planned Development Rezoning, Planned Development Permit, and Tentative Map Permit to rezone a 0.61 acre site from the A Agricultural Zoning District to the RM(PD) Zoning District to allow for the construction of nine single family detached residences, located at 0 Araujo Street in San José California; and WHEREAS, the Initial Study/Mitigated Negative Declaration concluded that implementation of the Project could result in certain significant effects on the environment and identified mitigation measures that would reduce each of those significant effects to a less-than-significant level; and 1 T / doc Council Agenda: Item No.: DRAFT Contact the Office of the City Clerk at (408) or CityClerk@sanjoseca.gov for final document.

10 RD:JVP:JMD 03/30/2016 WHEREAS, in connection with the approval of a project involving the preparation of an initial study/mitigated negative declaration that identifies one or more significant environmental effects, CEQA requires the decision making body of the lead agency to incorporate feasible mitigation measures that would reduce those significant environmental effects to a less-than-significant level; and WHEREAS, whenever a lead agency approves a project requiring the implementation of measures to mitigate or avoid significant effects on the environment, CEQA also requires a lead agency to adopt a mitigation monitoring and reporting program to ensure compliance with the mitigation measures during project implementation, and such a mitigation monitoring and reporting program has been prepared for the Project for consideration by the decision-maker of the City of San José as lead agency for the Project (the Mitigation Monitoring and Reporting Program ); and WHEREAS, the City of San José is the lead agency on the Project, and the City Council is the decision-making body for the proposed approval to undertake the Project; and WHEREAS, the City Council has reviewed and considered the Initial Study/Mitigated Negative Declaration and related Mitigation Monitoring and Reporting Program for the Project and intends to take actions on the Project in compliance with CEQA and state and local guidelines implementing CEQA; and WHEREAS, the Initial Study/Mitigated Negative Declaration and related Mitigation Monitoring and Reporting Program for the Project are on file in the Office of the Director of Planning, located at 200 East Santa Clara Street, 3 rd Floor Tower, San José, California, 95113, are available for inspection by any interested person at that location and are, by this reference, incorporated into this Resolution as if fully set forth herein; 2 T / doc Council Agenda: Item No.: DRAFT Contact the Office of the City Clerk at (408) or CityClerk@sanjoseca.gov for final document.

11 RD:JVP:JMD 03/30/2016 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE: THAT THE CITY COUNCIL does hereby make the following findings: (1) it has independently reviewed and analyzed the Initial Study/Mitigated Negative Declaration and other information in the record and has considered the information contained therein, prior to acting upon or approving the Project, (2) the Initial Study/ Mitigated Negative Declaration prepared for the Project has been completed in compliance with CEQA and is consistent with state and local guidelines implementing CEQA, and (3) the Initial Study/ Mitigated Negative Declaration represents the independent judgment and analysis of the City of San José, as lead agency for the Project. The City Council designates the Director of Planning at the Director s Office at 200 East Santa Clara Street, 3 rd Floor Tower, San José, California, 95113, as the custodian of documents and records of proceedings on which this decision is based. THAT THE CITY COUNCIL does hereby find that based upon the entire record of proceedings before it and all information received that there is no substantial evidence that the Project will have a significant effect on the environment and does hereby adopt the Mitigated Negative Declaration and related Mitigation Monitoring and Reporting Program prepared for the Project (Planning File Nos. PDC14-058, PD14-047, and PT14-047). The Initial Study/ Mitigated Negative Declaration and related Mitigation Monitoring and Reporting Program are: (1) on file in the Office of the Director of Planning, located at 200 East Santa Clara Street, 3 rd Floor Tower, San José, California, and (2) available for inspection by any interested person. 3 T / doc Council Agenda: Item No.: DRAFT Contact the Office of the City Clerk at (408) or CityClerk@sanjoseca.gov for final document.

12 RD:JVP:JMD 03/30/2016 ADOPTED this day of, 2016, by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: ATTEST: SAM LICCARDO Mayor TONI J. TABER, CMC City Clerk 4 T / doc Council Agenda: Item No.: DRAFT Contact the Office of the City Clerk at (408) or CityClerk@sanjoseca.gov for final document.

13 RD:JVP:JMD 03/30/2016 RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN JOSE APPROVING A PLANNED DEVELOPMENT PERMIT, SUBJECT TO CONDITIONS, TO ALLOW CONSTRUCTION OF NINE SINGLE-FAMILY DETACHED RESIDENCES ON A 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 (0 ARAUJO STREET) FILE NO. PD WHEREAS, pursuant to the provisions of Chapter of Title 20 of the San José Municipal Code, on October 27, 2014, an application from Villas Developers LLC, (File No. PD14-047) was filed with the City of San José for a Planned Development Permit to allow the construction of nine single-family detached residences 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 (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, 2016, notice of which was duly given; and WHEREAS, at said hearing, the Planning Commission gave all person full opportunity to be heard and to present evidence and testimony respecting said matter; and 1 T-31002/ doc Council Agenda: Item No.: DRAFT Contact the Office of the City Clerk at (408) or CityClerk@sanjoseca.gov for final document.

14 RD:JVP:JMD 03/30/2016 WHEREAS, at said hearing, this Planning Commission made a recommendation to the City Council respecting said matter based on 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, the City Council gave all person 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 Director of Planning, Building and Code Enforcement; and WHEREAS, at said hearing this City Council received in evidence a development plan for the subject property entitled Planned Development Permit for Araujo Villas, last revised March 7, 2016, said development plan is on file in the Department of Planning, Building and Code Enforcement and is available for inspection by anyone interested herein, and said development 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 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 AS THAT: After considering all of the 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 T-31002/ doc Council Agenda: Item No.: DRAFT Contact the Office of the City Clerk at (408) or CityClerk@sanjoseca.gov for final document.

15 RD:JVP:JMD 03/30/ 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. PDC (Ordinance No. ) was adopted on, 2016 and allows nine single-family detached residential units. 4. The approximately 0.61 gross acre project site is currently vacant. 5. No ordinance size trees shall be removed as part of this permit. 6. The site is bounded by San José Municipal Golf Course to the south, multi-family residential to the west, Araujo Street to the north and east. 7. This Planned Development Permit would allow development of nine single-family detached residences. 8. 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. 9. 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. 10. Parking for the proposed use is accessed from a new private street on the north end of the project s frontage along Araujo Street. The nine residential units require two covered parking spaces per unit and 0.5 guest parking spaces per unit. The project provides a total of 18 private covered parking spaces and five guest parking spaces. 11. Pursuant to the State Guidelines for Implementation of the California Environmental Quality Act (CEQA Guidelines), a Mitigated Negative Declaration (MND) for File Nos. PDC14-058, PD14-047, and PT was prepared by the Director of Planning, Building, and Code Enforcement and adopted by City Council on, On, 2016 the Planning Commission conducted a public hearing on the Planned Development Permit and the accompanying Planned Development Zoning and recommended. The City Council concludes and finds, based on analysis of the above facts with respect to the Planned Development Permit findings, as set forth in San José Municipal Code Section , that: 1. The Planned Development Permit, as issued, furthers the policies of the General Plan, in that: 3 T-31002/ doc Council Agenda: Item No.: DRAFT Contact the Office of the City Clerk at (408) or CityClerk@sanjoseca.gov for final document.

16 RD:JVP:JMD 03/30/2016 a. 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. 2. The Planned Development Permit, as issued, conforms in all respects to the Planned Development Zoning of the property in that: a. The proposed project conforms to the approved General Development Plan, in that the General Development Plan allows the single-family detached residential use with the issuance of a Planned Development Permit, and the proposal conforms to the development standards. 3. 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, in that: a. The proposed project includes nine buildings, with five buildings fronting onto Araujo Street, with a maximum height of 35 feet, and designs are that consistent with the existing density and character of the surrounding neighborhood. 4. 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. A Mitigated Negative Declaration (including a related Mitigation Monitoring and Reporting Program) 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. The City Council concludes and finds, based on the analysis of the above facts and considerations, that: a. The proposed project conforms in all respects to the provisions of Title 20 of the San José Municipal Code. b. The proposed project is in conformance with the California Environmental Quality Act of 1970, as amended. In accordance with the findings set forth above, a Planned Development Permit to use the subject property for said purpose specified above and subject to each and all of the 4 T-31002/ doc Council Agenda: Item No.: DRAFT Contact the Office of the City Clerk at (408) or CityClerk@sanjoseca.gov for final document.

17 RD:JVP:JMD 03/30/2016 conditions hereinafter set forth is hereby granted. This City Council expressly declares that it would not have granted this Planned Development permit and determination except upon and subject to each and all of said conditions, each and all of which conditions shall run with the land and be binding upon the owner and all subsequent owners of the subject property, and all persons who use the subject property for the use permitted hereby. CONDITIONS 1. Acceptance of Permit. Per Section (B) of Title 20 of the San José Municipal Code, should the applicant fail to file a timely and valid appeal of this Planned Development Permit within the applicable appeal period, such inaction by the applicant shall be deemed to constitute all of the following on behalf of the applicant: a. Acceptance of the Permit by the applicant; and b. Agreement by the applicant to be bound by, to comply with, and to do all things required of or by the applicant 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. 2. Permit Expiration. This Planned Development Permit shall automatically expire four years from and after the date of issuance hereof by the City Council, if within such time period, the proposed use of this site or construction has not commenced, pursuant to and in accordance with the provision of this Planned Development 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/Amendment to extend the validity of this Permit in accordance with Title 20 of the San José Municipal Code. 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 Planned Development Permit shall be deemed acceptance of all conditions specified in this permit and the applicant'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. 5 T-31002/ doc Council Agenda: Item No.: DRAFT Contact the Office of the City Clerk at (408) or CityClerk@sanjoseca.gov for final document.

18 RD:JVP:JMD 03/30/ 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. 5. Conformance to Plans. Development of the site shall conform to approved Planned Development plans entitled, Planned Development Permit for Araujo Vilas, last revised March 7, 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 Plan Set or approved plans.. 6. Planned Development District Effectuated. Once this Planned Development Permit is accepted, the use of territory not covered by the Permit shall only be land uses consistent with the Planned Development Zoning District and only upon issuance of a Planned Development Permit for those uses. 7. Use Authorization. This Planned Development Permit allows the construction of nine detached single-family residences. 8. Nuisance. This use shall be operated in a manner which does not create a public or private nuisance. Any such nuisance must be abated immediately upon notice by the City. 9. 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 applicant will be required to have satisfied all of the following Public Works conditions. The applicant 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 6 T-31002/ doc Council Agenda: Item No.: DRAFT Contact the Office of the City Clerk at (408) or CityClerk@sanjoseca.gov for final document.

19 RD:JVP:JMD 03/30/2016 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 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 7 T-31002/ doc Council Agenda: Item No.: DRAFT Contact the Office of the City Clerk at (408) or CityClerk@sanjoseca.gov for final document.

20 RD:JVP:JMD 03/30/2016 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 and payable. 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: Applicant 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. iv. Repair, overlay, or reconstruction of asphalt pavement may be required. The existing pavement shall be evaluated with the street improvement plans and any necessary pavement restoration shall be included as part of the final street improvement plans. h. Sanitary: The applicant is required to submit a 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 shall be included on the public improvement plans. j. Street Trees: The locations of the street trees shall 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 City Department of Transportation (DOT) street tree planting permit for any proposed street tree plantings. Street trees shown on this permit are conceptual only. k. Private Streets: 8 T-31002/ doc Council Agenda: Item No.: DRAFT Contact the Office of the City Clerk at (408) or CityClerk@sanjoseca.gov for final document.

21 RD:JVP:JMD 03/30/2016 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. 10. Building 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: a. Construction Plans. This permit file number, PD14-047, shall be printed on all construction plans submitted to the Building Division. b. Emergency Address Card. The project developer shall file an Emergency Address Card, Form , with the City of San José Police Department. c. Construction Conformance. A project construction 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. 11. Conformance to Mitigation Monitoring and Reporting Program. This project shall conform to all applicable requirements of the Mitigation Monitoring and Reporting Program (MMRP) approved for this development by City Council Resolution No.. The following mitigation or avoidance measures are organized by impact category. a. Biology: The project site may provide habitat for wildlife species associated with urban areas. Implementation of mitigation measure BIO-1 would reduce significant potential impacts to nesting birds to a less-than-significant level by requiring that construction takes place outside the nesting season, or if that is not possible, that pre-construction surveys are conducted during the nesting bird season, and appropriate avoidance measures are incorporated into construction activities. The impact is less than significant with mitigation incorporated. i. If possible, initiation of site clearing and construction should be scheduled between October and December (inclusive) to avoid the raptor nesting season. If this is not possible, pre-construction surveys for nesting raptors shall be conducted by a qualified ornithologist to identify active raptor nests that may be disturbed during project implementation. Between January and April (inclusive) pre-construction surveys shall be conducted no more than 14 days prior to the initiation of construction activities or tree relocation or removal. Between May and September (inclusive), pre-construction surveys no more than thirty (30) days prior to the initiation of these activities. The surveying ornithologist shall inspect all trees in and immediately adjacent to 9 T-31002/ doc Council Agenda: Item No.: DRAFT Contact the Office of the City Clerk at (408) or CityClerk@sanjoseca.gov for final document.

22 RD:JVP:JMD 03/30/2016 the construction area for raptor nests. If an active raptor nest is found in or close enough to the construction area to be disturbed by these activities, the ornithologist, shall, in consultation with the State of California, Department of Fish and Wildlife (CDFW), designate a construction-free buffer zone (typically 250 feet) around the nest. The applicant shall submit a report to the City s Environmental Principal. Planner indicating the results of the survey and any designated buffer zones to the satisfaction of the Director of Planning prior to the issuance of any grading or building permit. b. Cultural Resources: The site is proximate to a recorded prehistoric site and site disturbance may cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Guidelines and or disturb human remains. i. Earth-moving activities associated with the project shall be monitored by a qualified archaeologist. Should evidence of prehistoric cultural resources be discovered during construction, work within 50 feet of the find shall be stopped to allow adequate time for evaluation and mitigation by a qualified professional archaeologist. The material shall be evaluated and if significant, a mitigation program including collection and analysis of the materials at a recognized storage facility shall be developed and implemented under the direction of the City s Environmental Principal Planner. ii. As required by County ordinance, this project has incorporated the following guidelines. Pursuant to Section of the Health and Safety Code, and Section of the Public Resources Code of the State of California in the event of the discovery of human remains during construction, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains. The Santa Clara County Coroner shall be notified and shall make a determination as to whether the remains are Native American. If the Coroner determines that the remains are not subject to his authority, he shall notify the Native American Heritage Commission who shall attempt to identify descendants of the deceased Native American. If no satisfactory agreement can be reached as to the disposition of the remains pursuant to this State law, then the land owner shall re-inter the human remains and items associated with Native American burials on the property in a location not subject to further subsurface disturbance. 12. Lighting. Lighting shall conform to the Zoning Code and City Council Policy 4-3 Outdoor Lighting on Private Developments. 13. Colors and Materials. All building colors and materials are to be those specified on the Approved Plan Set. 14. Homeowner s Association. A Homeowner s Association shall be established for maintenance of all common areas, including driveways/courtyards, landscaping and 10 T-31002/ doc Council Agenda: Item No.: DRAFT Contact the Office of the City Clerk at (408) or CityClerk@sanjoseca.gov for final document.

23 RD:JVP:JMD 03/30/2016 the community amenity area. A copy of the Development Permit, the Approved Plan Set, any approved Amendments or Adjustments to the Development Permit, and a complete set of approved building and all improvement plans shall be provided to the Homeowner s Association by the applicant no later than 30 days upon completion of each phase. 15. Parking Spaces. All garage and surface spaces shown on the approved Planned Development Permit plans are to be used only as such and shall be kept free and clear of all obstructions. No conversion of any garages to living space, storage, or any other use is permitted. 16. Conformance with Municipal Code. No part of this approval shall be construed to permit a violation of any part of the San José Municipal Code. 17. Compliance with Local and State Laws. The subject use shall be conducted in full compliance with all local and state laws. 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 above. 18. 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 Planned Development Permit incorporated by reference in this Permit in accordance with Chapter of Title 20 of the San José Municipal Code. 19. Refuse. All trash areas shall be effectively screened from view and covered and maintained in an orderly state to prevent water from entering into the garbage container. Trash areas shall be maintained in a manner to discourage illegal dumping. 20. Anti-Graffiti. The applicant shall remove all graffiti from buildings and wall surfaces within 48 hours of defacement. 21. 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. 22. Storm Water Stenciling. All drain inlets shall be labeled No Dumping-Flows to Bay. Please contact the City of San José, Department of Public Works, at (408) to obtain free stencils. 23. Landscaping. Planting and irrigation are to be provided as indicated on the approved plans. Landscaped areas shall be maintained and watered and all dead plant material is to be removed and replaced. Permanent irrigation is to be installed in accordance with Part 4 of Chapter of Title 15 of the San José Municipal Code, Water Efficient Landscape Standards for New and Rehabilitated Landscaping and the City of San José Landscape and Irrigation Guidelines. 24. Irrigation Standards. The applicant shall install an adequately sized irrigation 11 T-31002/ doc Council Agenda: Item No.: DRAFT Contact the Office of the City Clerk at (408) or CityClerk@sanjoseca.gov for final document.

24 RD:JVP:JMD 03/30/2016 distribution system with automatic controllers in all areas to be landscaped that conforms to the Zonal Irrigation Plan in the Approved Plan Set and is consistent with the City of San José Landscape and Irrigation Guidelines. The design of the system shall be approved and stamped by a California Registered Landscape Architect prior to Certificate of Occupancy. 25. 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. 26. Fire Flow and Hydrants. Required fire flow and fire hydrants for the site shall be provided to the satisfaction of the Fire Chief. 27. Visible Street Numbers. Street numbers shall be visible day and night from the nearest street, either by means of illumination or by use of reflective materials. 28. Revocation, Suspension, Modification. This Planned Development Permit may be revoked, suspended or modified by the Planning Director, or by the Planning Commission on appeal, 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 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. 29. Effective Date. The effective date of this Permit shall be the effective date of the Planned Development Zoning Ordinance for File No. PDC adopted on, 2016 (the Planned Development Zoning Ordinance ) and shall be no earlier than the effective date of said Planned Development Zoning Ordinance. In accordance with the findings set forth above, a Planned Development Permit to use the subject property for said purpose specified above is hereby approved. ADOPTED this day of 2016, by the following vote: 12 T-31002/ doc Council Agenda: Item No.: DRAFT Contact the Office of the City Clerk at (408) or CityClerk@sanjoseca.gov for final document.

25 RD:JVP:JMD 03/30/2016 AYES: NOES: ABSENT: DISQUALIFIED: ATTEST: SAM LICCARDO Mayor TONI J. TABER, CMC City Clerk 13 T-31002/ doc Council Agenda: Item No.: DRAFT Contact the Office of the City Clerk at (408) or for final document.

26 RD:JVP:JMD 03/30/2016 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 (0 ARAUJO STREET) FILE NO. PT WHEREAS, pursuant to the provisions of Chapter of Title 20 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 Planned Development 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 (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, 2016, notice of which was duly given; and 1 T / doc Council Agenda: Item No.: DRAFT Contact the Office of the City Clerk at (408) or CityClerk@sanjoseca.gov for final document.

27 RD:JVP:JMD 03/30/2016 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 WHEREAS, said public hearing before the City Council was conducted in all 2 T / doc Council Agenda: Item No.: DRAFT Contact the Office of the City Clerk at (408) or CityClerk@sanjoseca.gov for final document.

28 RD:JVP:JMD 03/30/2016 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, 2016 and allows nine singlefamily detached residential units. 4. A Planned Development Permit (File No. PD14-047) was approved on, 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 that includes measures to mitigate or avoid significant effects on the environment. 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 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 T / doc Council Agenda: Item No.: DRAFT Contact the Office of the City Clerk at (408) or CityClerk@sanjoseca.gov for final document.

29 RD:JVP:JMD 03/30/ 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. The Vesting Tentative Map is consistent with the Planned Development Permit application approved for the site (City File Number PD14-047). 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 (a) through (g) of Section of the Government Code of the State of California. Based on that review, the City Council does not make any such 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. 4. 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 applicant fail to file a timely and valid appeal of this Vesting Tentative Map Permit within the applicable appeal period, such inaction by the applicant shall be deemed to constitute all of the following on behalf of the applicant: a. Acceptance of the Permit by the applicant; and b. Agreement by the applicant to be bound by, to comply with, and to do all things required of or by the applicant pursuant to all of the terms, provisions, 4 T / doc Council Agenda: Item No.: DRAFT Contact the Office of the City Clerk at (408) or CityClerk@sanjoseca.gov for final document.

30 RD:JVP:JMD 03/30/2016 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 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 5 T / doc Council Agenda: Item No.: DRAFT Contact the Office of the City Clerk at (408) or CityClerk@sanjoseca.gov for final document.

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32 RD:JVP:JMD 03/30/2016 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 applicant will be required to have satisfied all of the following Public Works conditions. The applicant 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 underground pipes, building drains, area drains and inlets. The project shall provide storm drainage calculations that 7 T / doc Council Agenda: Item No.: DRAFT Contact the Office of the City Clerk at (408) or CityClerk@sanjoseca.gov for final document.

33 RD:JVP:JMD 03/30/2016 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 and payable. 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: Applicant 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. 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. 8 T / doc Council Agenda: Item No.: DRAFT Contact the Office of the City Clerk at (408) or CityClerk@sanjoseca.gov for final document.

34 RD:JVP:JMD 03/30/2016 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 Permit shall automatically expire 48 months from and after the date of issuance hereof by the Director of Planning of the City of San José. The date of issuance is the date this Permit is approved by the Director of Planning. 9 T / doc Council Agenda: Item No.: DRAFT Contact the Office of the City Clerk at (408) or CityClerk@sanjoseca.gov for final document.

35 RD:JVP:JMD 03/30/2016 APPROVED this day of 2016, by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: ATTEST: SAM LICCARDO Mayor TONI J. TABER, CMC City Clerk 10 T / doc Council Agenda: Item No.: DRAFT Contact the Office of the City Clerk at (408) or for final document.

36 RD:JVP:JMD 03/30/2016 File No. PDC ORDINANCE NO. DRAFT AN ORDINANCE OF THE CITY OF SAN JOSE REZONING CERTAIN REAL PROPERTY OF APPROXIMATELY GROSS ACRE SITUATED ON THE WEST SIDE OF ARAUJO STREET, APPROXIMATELY 300 FEET SOUTHERLY OF THE INTERSECTION OF TOWNSEND PARK CIRCLE AND ARAUJO STREET (0 ARAUJO STREET), FROM THE A AGRICULTURAL ZONING DISTRICT TO THE RM(PD) PLANNED DEVELOPMENT ZONING DISTRICT WHEREAS, all rezoning proceedings required under the provisions of Chapter of Title 20 of the San José Municipal Code have been duly had and taken with respect to the real property hereinafter described; and WHEREAS, a Mitigated Negative Declaration was prepared in conformance with the California Environmental Quality Act of 1970 (CEQA), as amended, for the subject rezoning to the RM(PD) Planned Development Zoning District under File No. PDC (the MND ); and WHEREAS, the City Council of the City of San José is the decision-making body for the proposed subject rezoning to the RM(PD) Planned Development Zoning District; and WHEREAS, this Council of the City of San José has considered and approved, and adopted said MND and related Mitigation Monitoring and Reporting Program under separate Council resolution prior to taking any approve actions on this project; NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SAN JOSE: 1 T-31001/ doc Council Agenda: Item No.: DRAFT Contact the Office of the City Clerk at (408) or CityClerk@sanjoseca.gov for final document.

37 RD:JVP:JMD 03/30/2016 File No. PDC SECTION 1. The recitals above are incorporated herein. SECTION 2. All that real property hereinafter described in this section, hereinafter referred to as "subject property," is hereby rezoned as RM(PD) Planned Development Zoning District. The base zoning district of the subject property shall be the RM Residential Multi-Family Zoning District. The Planned Development Zoning of the subject property shall be that Development Plan for the subject property entitled, Araujo Villas, last revised on March 7, Said General Development Plan is on file in the office of the Director of Planning and is available for inspection by anyone interested therein, and said General Development Plan is by this reference adopted and incorporated herein the same as if it were fully set forth herein. The subject property referred to in this section is all that real property situated in the County of Santa Clara, State of California, described in Exhibit A attached hereto and incorporated herein by this reference. SECTION 3. The district map of the City is hereby amended accordingly. SECTION 4. The land development approval that is the subject of City File No. PDC is subject to the operation of Part 2.75 of Chapter of Title 15 of the San José Municipal Code. The applicant for or recipient of such land use approval hereby acknowledges receipt of notice that the issuance of a building permit to implement such land development approval may be suspended, conditioned or denied where the City Manager has determined 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 by the California Regional Water Quality Control Board for the San Francisco Bay Region. 2 T-31001/ doc Council Agenda: Item No.: DRAFT Contact the Office of the City Clerk at (408) or CityClerk@sanjoseca.gov for final document.

38 RD:JVP:JMD 03/30/2016 File No. PDC PASSED FOR PUBLICATION of title this day of, 2016 by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: ATTEST: SAM LICCARDO Mayor Toni J. Taber, CMC City Clerk 3 T-31001/ doc Council Agenda: Item No.: DRAFT Contact the Office of the City Clerk at (408) or CityClerk@sanjoseca.gov for final document.

39 FILE NO. PDC ARAUJO SUBDIVISION DEVELOPMENT STANDARDS Last Revised: March 7, 2016 *In any cases where the graphic plans and text may differ, this text takes precedence.* ALLOWED USES Permitted, Conditional and Special uses of the R-1-8 Single-Family Zoning District of Title 20 of the San José Municipal Code, as amended. Conditional and Special uses as identified in the R-1-8 Single- Family Zoning District shall be subject to approval of a Planned Development Permit or Amendment by the Planning Director. DEVELOPMENT STANDARDS BUILDING HEIGHT Maximum building height not to exceed 35 feet-0 inches SETBACKS Buildings fronting Araujo Street o Front setback: 12 feet minimum o Rear setback: Zero setback from private street Buildings fronting private street o Front setback: Zero setback from private street o Rear setback: 10 feet minimum All Buildings o Side: 3 feet minimum PARKING REQUIREMENTS Parking will be provided on-site as follows: Each unit shall have two covered parking spaces. Guest parking shall be provided at a ratio of 0.5 space per residential unit. Bicycle and motorcycle parking shall be provided in compliance with Title 20 of the San José Municipal Code (Zoning Ordinance), as amended. OPEN SPACE Each unit shall be provided with a minimum of 400 square feet of private open space. There will also be a minimum of 800 square feet of total common open space. ARCHITECTURAL & SITE DESIGN The quality of design of the new structure shall be consistent with the intent of the Residential Design Guidelines, as amended. ENVIRONMENTAL MITIGATION The project shall conform to the Mitigation and Monitoring Reporting Plan prepared as a part of the Mitigated Negative Declaration prepared for this project as amended.

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