RESOLUTION NO. FILE NO. PT15-066

Transcription

1 RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN JOSE APPROVING A VESTING TENTATIVE MAP TO ALLOW AN EXTENSION FOR UP TO 15 YEARS FOR TENTATIVE SUBDIVISION MAP FILE NO. PT13-061, CONSISTENT WITH THE TERM OF DEVELOPMENT AGREEMENT FILE NO. DA15-002, ON AN APPROXIMATELY 43 GROSS ACRE SITE LOCATED ON THE EAST SIDE OF ORCHARD PARKWAY, ON BOTH SIDES OF COMPONENT DRIVE FILE NO. PT WHEREAS, pursuant to the provisions of Chapter of Title 19 and Chapter of Title 20 of the San José Municipal Code, on December 11, 2015 application File No. PT was filed with the City of San José for a Vesting Tentative Map to allow an extension for up to 15 years for Vesting Tentative Map File No. PT13-061, consistent with the term of Amended and Restated Development Agreement File No. DA15-002, on an approximately 43 gross acre site on that certain real property situated in the IP(PD) Planned Development Zoning District (File No. PDC15-056) located on the east side of Orchard Parkway, on both sides of Component Drive, San José; 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, on January 13, 2016, pursuant to and in accordance with Chapter of Title 19 and Chapter of Title 20 of the San José Municipal Code, the Planning Commission conducted a duly noticed public hearing on said application on January 13, 2016; and WHEREAS, at said hearing, the Planning Commission considered the Addendum to the North San José Development Policies Environmental Impact Report 1

2 (Resolution No ), Envision San José 2040 General Plan Environmental Impact Report (Resolution No ), and BEA Development Project Environmental Impact Report (Resolution No ) and mitigation measures identified in said Addendum, together with said Environmental Impact Reports and the adopted Mitigation Monitoring and Reporting Program, were approved in conformance with the California Environmental Quality Act of 1970 (CEQA), as amended, for the subject Vesting Tentative Map, and recommended approval to the City Council respecting said matter based on the evidence and testimony; and WHEREAS, pursuant to and in accordance with Chapter of Title 19 and Chapter of Title 20 of the San José Municipal Code, this City Council conducted a duly noticed public hearing on said application; 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 Tentative Map for Lowe Enterprises, Campus at North First Phase 1, last revised December 11, 2013 (hereinafter Tentative Map ), which Tentative Map is on file in the Department of Planning, Building and Code Enforcement and is available for inspection by anyone interested therein, and said Tentative Map is incorporated herein by this reference as if 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 CITY 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 is located on the east side of Orchard Parkway, on both sides of Component Drive. 2. The site is bounded by industrial uses to the north, south, east, and west. The Component light rail station is located along the site s frontage on N. First Street. 3. The subject site has a land use designation of Industrial Park on the San José 2020 General Plan Land Use/Transportation Diagram. 4. The subject site is located in the North San José Area Development Policy s Industrial Core area. The Industrial Core area allows an overall average of a 1.2 floor area ratio for intensification of industrial development in close proximity to light rail transit. 5. The project site is located in the IP(PD) Planned Development Zoning District (File No. PDC15-056, Ordinance No. ), which was adopted on February 2, The subject Vesting Tentative Map conforms with the Planned Development Zoning District in that the zoning district requires a minimum lot area of 10,000 square feet and the six proposed lot areas range from approximately 179,031 square feet to 751,410 square feet. 6. A Master Planned Development Permit (File No. PD15-052) was approved by the Council on February 2, 2016 as Resolution No. to effectuate the Planned Development Zoning (File No. PDC15-056) for up to 2.8 million square feet of industrial uses on an approximately 43 gross acre site. 7. On September 13, 2004, BEA Systems, Inc. and the City of San José entered into a Development Agreement (Ordinance No ) for the subject 43-acre site (hereinafter 2004 Development Agreement ). The 2004 Development Agreement has a 20-year term commencing on January 1, The 2004 Development Agreement vests, among other entitlements, a General Plan Text 3

4 Amendment, General Plan land use designation of Industrial Park, Planned Development Rezonings, and a Tentative Map, that tentatively approves up to 2.8 million square feet of development for research and development and office uses. 8. On, Apple Inc. and the City of San José amended and restated the Development Agreement (Ordinance No ) (hereinafter 2016 Amended and Restated Development Agreement). The 2016 Amended and Restated Development Agreement added adjacent sites of approximately acres including Assessor Parcel Nos , , , , and to the scope of the 2004 Development Agreement. The 2016 Amended and Restated Development Agreement also amends the 2004 Development agreement by modifying its term and vesting various specified entitlements, including the subject site s San José 2020 General Plan Land Use/Transportation Diagram designation of Industrial Park, for 15 years commencing on, 2016, including the subject Tentative Map, to develop up to 4,151,350 square feet of industrial development consistent with the North San José Area Development Policy, San José 2020 General Plan, and Envision San José 2040 General Plan on an approximately gross acre site located west of Orchard Parkway on both sides of Atmel Way and east of Orchard Parkway on both sides of Component Drive. 9. The subject Vesting Tentative Map would tentatively subdivide approximately 43- gross acres of the total gross acre site governed by the 2016 Amended and Restated Development Agreement. 10. The project is related to Vesting Tentative Map File No. PT13-061, which was approved on December 20, 2013 to allow the subdivision of one 43-acre lot into six parcels. 11. The 43 gross acre site that is the subject of the Vesting Tentative Map is currently undeveloped and vacant. 12. The environmental impacts of the project were addressed by an Addendum to the North San José Development Policies Environmental Impact Report (Resolution No ), Envision San José 2040 General Plan Environmental Impact Report (Resolution No ), and BEA Development Project EIR (Resolution No ). The Addendum analysis included aesthetics, air quality, biological resources, cultural resources, geology and soils, hazardous and hazardous materials, hydrology and water quality, land use, and utilities and service systems. The Addendum includes updated biological resources mitigation measures addressing burrowing owls and nitrogen deposition. However, these mitigation measures are applicable to other portions of the 4

5 86.35 gross acre site under the 2016 Development Agreement, but are not applicable to the subject 43-gross acre site given agreements in place prior to the 2013 adoption of the Santa Clara Valley Habitat Plan. Based upon analysis of the above facts with respect to the Tentative Map findings set forth in San José Municipal Code Section , the City Council concludes and finds that: 1. The City Council finds that the proposed subdivision shown on the 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 Tentative Map is consistent with the San José 2020 General Plan land use designation of Industrial Park in that the proposed subdivision will facilitate industrial development on the subject vacant site. b. The Tentative Map is consistent the North San José Area Development Policy in that the proposed subdivision will facilitate industrial development on the subject vacant site. 2. The City Council has considered the proposed subdivision shown on the 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 of the City of San José does not make any such findings for the subject subdivision. 3. The environmental impacts of the project will not have an unacceptable negative effect on adjacent property or properties in that: a. An Addendum to the North San José Development Policies Environmental Impact Report (Resolution No ), Envision San José 2040 General Plan Environmental Impact Report (Resolution No ), and BEA Development Project EIR (Resolution No ). As part of the Addendum s scope, the subject Tentative Map was found to be consistent with the North San José Development Policy Update EIR (Resolution No ), Envision San José 2040 EIR (Resolution No ), and the BEA Development Project EIR Resolution No ), and would not result in any new environmental impacts not previously disclosed. 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 and the tentative map approval requires that approval of the final map is conditioned upon compliance with the MMRP for this project. 5

6 APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. 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 Tentative Map for public or private streets, alleys, pedestrian ways and easements to the satisfaction of the Director of Public Works. 2. 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 the subdivision at the time the Final Map is presented to the City for approval, subdivider shall enter into a Subdivision Improvement Agreement with the City of San José, in accordance with Section of the San José Municipal Code and the Subdivision Map Act, and provide the performance security and insurance required therein. 4. Existing and Proposed Easements. Subdivider shall indicate, on the final map, the location, width and purpose of all existing and proposed easements or rights-of way, whether public or private, within the proposed subdivision. 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. 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 6

7 Manager makes a determination that the cumulative sewage treatment demand of the San José-Santa Clara Water Pollution Control Plant 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 Water Pollution Control Plant 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, conditions of approval designed to decrease sanitary sewage associated with any land use approval may be imposed by the approval authority. 8. 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. 9. Conformance to Plans. Development shall conform to the approved Vesting Tentative Map plans and to the San José Building Code (San José Municipal Code, Title 17, Chapter 17.04). 10. Conformance with Previously Approved Zoning. All conditions of approval and required environmental mitigation measures in the previously approved Planned Development Zoning (File No. PDC15-056) remain in effect and subdivider shall comply with and implement all such conditions of approval and mitigation measures relevant to the subdivision of the subject property. 11. 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, including but not limited to those listed below. The applicant is strongly advised to apply for any necessary Public Works permits prior to applying for Building permits. a. Improvement Agreement. In the event subdivider has not completed the improvements required for the subdivision at the time the Final Map is presented to the City for approval, subdivider shall enter into a Subdivision Improvement Agreement with the City of San José, in accordance with Section of the San José Municipal Code and the Subdivision Map Act, and provide the performance security and insurance required therein. b. Transportation: This project is located within the North San José Deficiency Plan area and must participate in the payment of the North San José Deficiency Plan fee. Based upon the adopted Devel opment 7

8 Agreement, Amended and Restated Development Agreement, and Planned Development Zoning, a fee of $0.57 per square foot will be collected for the first 1,421,390 square feet of development on the site and a fee of $362 per peak trip will be collected for the next 1,378,610 square feet of development, not to exceed 2,800,000 square feet of development at the above mentioned rates. c. Grading/Geology: i. A grading permit is required prior to the issuance of a Public Works Clearance. ii. iii. All on-site storm drainage conveyance facilities and earth retaining structures 4 foot in height or greater (top of wall to bottom of footing) or is being surcharged (slope of 3:1 or greater abutting the wall) shall be reviewed and approved under Public Works grading and drainage permit prior to the issuance of Public Works Clearance. The drainage plan should include all underground pipes, building drains, area drains and inlets. The project shall provide storm drainage calculations that adhere to the 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. If the project proposes to haul more than 10,000 cubic yards of cut/fill to or from the project site, a haul route permit is required. Prior to issuance of a grading permit, contact the Department of Transportation at (408) for more information concerning the requirements for obtaining this permit. iv. Because this project involves a land disturbance of more than one acre, the applicant is required to submit a Notice of Intent to the State Water Resources Control Board and to prepare a Storm Water Pollution Prevention Plan (SWPPP) for controlling storm water discharges associated with construction activity. Copies of these documents must be submitted to the City Project Engineer prior to issuance of a grading permit. v. All on-site storm drainage conveyance facilities and earth retaining structures 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 8

9 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. vi. 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. The project s Stormwater Control Plan and numeric sizing calculations have been reviewed and this project will be in conformance with City Policy ii. Final inspection and maintenance information on the postconstruction treatment control measures must be submitted prior to issuance of a Public Works Clearance. e. Stormwater Peak Flow Control Measures: The project is located in a non-hydromodification Management area and is not required to comply with the City s Post-Construction Hydromodification Management Policy (Council Policy 8-14). f. Flood: Majority in Zone X, portions in Zone AH, Elevation North American Vertical Datum (NAVD 88). i. The project site is designated as Flood Zone AH, Elevation NAVD 1988, effective February 19, ii. The project site is also within the 1987 North San José Floodplain Management Study (NSJFMS) area. The NSJFMS has been updated to reflect the completed Downtown and Lower Guadalupe River Flood 9

10 Protection Projects and to show the resulting blockage requirements for applicable projects in North San José. iii. Based on the Final NSJFMS Update, a portion of the project site will be required to have an ultimate blockage not to exceed 90% of the site perpendicular to flow of flood waters. iv. The minimum design elevation ranging from 28 to 32 NAVD 1988 shown on the Final NSJFMS Update for this project will supersede the lower flood elevation shown on the February 19, 2014 flood map. v. The following requirements apply to proposed non-residential buildings: vi. Elevate the lowest floor above the applicable NSJFMS design elevation ranging from 28 to 32 NAVD 1988 or floodproof to the same elevation. vii. An Elevation Certificate (FEMA Form ), for each proposed structure, based on construction drawings is required prior to issuance of a building permit. Consequently, an Elevation Certificate, for each proposed structure, based on finished construction is required prior to issuance of an occupancy permit. viii. If the Structure is to be floodproofed, a Floodproofing Certificate (FEMA For ), floodproofing details, and if applicable, a Flood Emergency Operation Plan and an Inspection & Maintenance Plan are required prior to the issuance of a Public Works Clearance. ix. Building support utility systems such as HVAC, electrical, plumbing, air conditioning equipment, including ductwork, and other service facilities must be elevated above the base flood elevation or protected from flood damage. x. Additional requirements may apply based upon the review of future Planned Development Permits. g. Sewage Fees: In accordance with San José Municipal Code requirements, all storm sewer area fees, sanitary sewer connection fees, and sewage treatment plant connection fees, less previous credits, are due and payable. h. Street Improvements: i. On Eastbound Component Drive at North First Street, add a second eastbound left-turn lane and modify the signal phasing from permitted left turns to split phase on the east and west approaches. Restripe the westbound approach from a single lane (though not striped as such, it 10

11 functions as a shared through-left-turn lane and a separate right-turn lane) to a separate left-turn lane and shared through-right-turn lane, and modify the signal phasing from split phase to protected left turns on the east and west approaches. These improvements will entail shifting the curb several feet south over a distance of several hundred feet on the south side of Component Drive east of North First Street, in order to align the eastbound lanes through the intersection. ii. Remove existing corner island at southwest corner of First Street and Component Drive. A signal modification will be required. iii. Remove existing corner island at southeast corner of Orchard Parkway and Component Drive. A signal modification will be required. iv. On southbound Orchard Parkway, convert the existing right-turn lane to a free right-turn lane (the latter has a westbound receiving lane into which vehicles can turn without conflict with the westbound through movement). The southbound approach would thereby provide a free right-turn, one through lane, and two left-turn lanes. This improvement would entail shifting the northern curb approximately ten feet north over a distance of about 300 feet, plus an additional 120-foot transition taper, on westbound/southbound Guadal upe Parkway west of Orchard Parkway. v. Close the median opening on Orchard Parkway, approximately 300 north of Charcot Avenue. vi. Remove and replace sidewalk along North First Street frontage to provide a 12 attached sidewalk with tree wells. Dedication for street purposes will be required to accomplish this requirement. vii. Remove and replace broken or uplifted curb, gutter and sidewalk along Orchard Parkway. viii. Proposed driveway width to be 26 feet. ix. Install handicap ramps at all public intersection returns to meet City and Amercians with Disabilities Act standards. x. 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. xi. Should Parcels 1, 2, 3, and/or 4 be further subdivided at any time in the future, all of the following will apply: 11

12 // i. Sanitary: 1) Dedicate a 40-foot public street easement for a public grid street, as identified in the North San José Design Guidelines, as amended; 2) Construct a traffic signal at the intersection of Atmel Way and Orchard Parkway. i. Submit a conceptual sanitary sewer plan at subsequent Planned Development permit stages. ii. 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. j. 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. k. 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 City Department of Transportation street tree planting permit for any proposed street tree plantings. Street trees shown on this permit are conceptual only. 12. Issuance and Expiration of Permit. The date of issuance of this Permit is the later of the date this Permit is approved by the City Council or the approval by the Council of the 2016 Amended and Restated Development Agreement. This Tentative Map shall expire upon the date of termination and in accordance with the terms of the 2016 Amended and Restated Development Agreement (File No. DA15-002, Ordinance No. ). // // 12

13 APPROVED this day of 2016, by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: ATTEST: SAM LICCARDO Mayor TONI J. TABER, CMC City Clerk 13

14 LEGAL DESCRIPTION Real property in the City of San Jose, County of Santa Clara, State of California, described as follows: PARCEL ONE: ALL OF PARCEL 2, AS SHOWN UPON THAT CERTAIN MAP ENTITLED, "PARCEL MAP", WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON JANUARY 30, 2001 IN BOOK 736 OF MAPS, AT PAGES 30, 31 AND 32. PARCEL TWO: AN EASEMENT FOR INGRESS AND EGRESS DESCRIBED AS FOLLOWS: ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF SAN JOSE, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, BEING A PORTION OF THAT CERTAIN PARCEL OF LAND SHOWN AS CONTAINING ACRES, MORE OR LESS, ON SHEET 4 OF THAT CERTAIN RECORD OF SURVEY, RECORDED IN BOOK 381 OF MAPS AT PAGES 19 THROUGH 23, SANTA CLARA COUNTY RECORDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST EASTERLY CORNER OF SAID PARCEL, SAID CORNER BEING ALSO A POINT ON THE CENTERLINE OF NORTH FIRST STREET, AS SAID STREET IS SHOWN ON SAID MAP; THENCE LEAVING SAID CENTERLINE, SOUTH 48 DEG. 52' 01" WEST FEET TO THE POINT OF BEGINNING LYING ON A LINE THAT IS PARALLEL WITH, AND FEET SOUTHWESTERLY, MEASURED AT RIGHT ANGLES, FROM SAID CENTERLINE; THENCE LEAVING SAID PARALLEL LINE, CONTINUING SOUTH 48 DEG. 52' 01" WEST FEET; THENCE ALONG A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1, FEET, THROUGH A CENTRAL ANGLE OF 5 DEG. 38' 10" AN ARC LENGTH OF FEET TO A POINT IN A LINE THAT IS PARALLEL WITH AND FEET NORTHWESTERLY MEASURED AT RIGHT ANGLES FROM THE SOUTHEASTERLY LINE OF SAID ACRE PARCEL; THENCE ALONG SAID PARALLEL LINE SOUTH 43 DEG. 13' 51" WEST FEET; THENCE LEAVING SAID PARALLEL LINE NORTH 46 DEG. 46' 09" WEST FEET TO A POINT IN THE GENERAL NORTHWESTERLY LINE OF SAID PARCEL, SAID POINT OF BEING ALSO THE MOST SOUTHERLY CORNER OF THAT CERTAIN PARCEL OF LAND SHOWN AS PARCEL 1, ON THAT CERTAIN PARCEL MAP RECORDED IN BOOK 390 OF MAPS, AT PAGES 25 AND 26, SANTA CLARA COUNTY RECORDS; THENCE ALONG SAID GENERAL NORTHWESTERLY LINE, BEING COMMON TO THE GENERAL SOUTHEASTERLY LINE OF SAID PARCEL 1, NORTH 43 DEG. 13' 51" EAST FEET TO AN ANGLE POINT IN SAID COMMON GENERAL LINE; THENCE LEAVING SAID COMMON GENERAL LINE, CONTINUING NORTH 43 DEG. 13' 51" EAST FEET; THENCE ALONG A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 1, FEET, THROUGH A CENTRAL ANGLE OF 5 DEG. 38' 10" AN ARC LENGTH OF FEET; THENCE NORTH 48 DEG. 52' 01" EAST FEET; THENCE ALONG A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF FEET, THROUGH A CENTRAL ANGLE OF 68 DEG. 07' 59" AN ARC LENGTH OF FEET TO A POINT ON SAID COMMON GENERAL LINE; THENCE ALONG SAID COMMON GENERAL LINE, NORTH 43 DEG. 13' 51" EAST 1.13 FEET TO A POINT ON A LINE THAT IS PARALLEL WITH, AND FEET SOUTHWESTERLY, MEASURED AT RIGHT ANGLES, FROM SAID CENTER LINE NORTH FIRST STREET; THENCE LEAVING SAID COMMON GENERAL LINE ALONG SAID PARALLEL LINE SOUTH 30 DEG. 45' 42" EAST FEET TO THE POINT OF BEGINNING. APN: ARB: , , and EXHIBIT "A" (File No. PT15-066)