RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN JOSE APPROVING A VESTING TENTATIVE MAP, SUBJECT TO CONDITIONS, TO MERGE FOUR PARCELS INTO ONE PARCEL AND RESUBDIVIDE THE ONE PARCEL INTO NO MORE THAN 120 RESIDENTIAL CONDOMINIUM UNITS ON A 0.5-GROSS ACRE SITE, ON THE WESTERLY SIDE OF DELMAS AVENUE, APPROXIMATELY 290 FEET NORTHERLY OF AUZERAIS AVENUE (341, 363, AND 365 DELMAS AVENUE). FILE NO. T15-058 WHEREAS, pursuant to the provisions of Chapter 20.100 of Title 20 of the San José Municipal Code, on November 4, 2015, an application (File No. T15-058) by Salvatore Caruso Design Corporation was filed with the City of San José for a Vesting Tentative Map to merge four parcels into one parcel and re-subdivide the one parcel into no more than 120 residential condominium units, on a 0.5-gross acre site, on that certain real property situated in the DC Downtown Primary Commercial Zoning District and located on the westerly side of Delmas Avenue approximately 290 feet northerly of Auzerais Avenue (341, 363, and 365 Delmas Avenue, San José, which real property is sometimes referred to herein as the subject property ); and WHEREAS, the subject property is all that real property more particularly described in Exhibit "A", entitled Legal Description, which is attached hereto and made a part hereof by this reference as if fully set forth herein; and WHEREAS, pursuant to and in accordance with Chapter 20.100 of Title 20 of the San José Municipal Code, the Planning Commission conducted a hearing on said application on May 11, 2016, notice of which was duly given; and 1
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 20.100 of Title 20 of the San José Municipal Code, this City Council conducted a hearing on said application, notice of which was duly given. Per Municipal Code Section 20.100.140, whenever applications for the same site have been filed for one or more development permits or approvals required by this title, such development permit or approvals may be reviewed and acted on in a unified process. The unified process shall use the procedures required for the highest level permit or approval, in this case the Conventional Rezoning (File No. C15-047); and WHEREAS, at said hearing, this City Council gave all persons full opportunity to be heard and to present evidence and testimony respecting said matter; and WHEREAS, at said hearing this City Council received and considered the reports and recommendations of the Planning Commission and the City s Director of Planning, Building and Code Enforcement; and WHEREAS, at said hearing, this City Council received in evidence a development plan for the subject property entitled Delmas Avenue Apartments, dated February 29, 2016, said plan is on file in the Department of Planning, Building and Code Enforcement and is available for inspection by anyone interested herein, and said development plan is incorporated herein by this reference, the same as if it were fully set forth herein; and 2
WHEREAS, said public hearing before the City Council was conducted in all respects as required by the San José Municipal Code and the rules of this City Council. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE THAT: After considering 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. Site Description and Surrounding Uses. The project site is located on the westerly side of Delmas Avenue, approximately 290 feet northerly of Auzerais Avenue at 341, 363, and 365 Delmas Avenue. The site is currently developed with three single-family houses. To the north are multi-family residences and commercial, to the south are single-family and multi-family residences, to the east Highway 87, and to the west are single-family residences. 2. Project Description. The project is a Vesting Tentative Map to merge four parcels into one parcel and re-subdivide the one parcel into no more than 120 residential condominium units, on a 0.5-gross acre site. 3. General Plan Conformance. The subject property has an Envision San José 2040 General Plan designation of Downtown. This category facilitates development of office, retail, service, residential, and entertainment uses in the Downtown. The multi-family residential development is consistent with the Downtown designation, as the development enhances the complete community in downtown, supports pedestrian and bicycle circulation, and increases transit ridership. 4. Zoning Ordinance Compliance. This project complies with all applicable provisions of the Zoning Ordinance in that the creation of condominium air spaces is allowed through the discretionary Tentative Map process in the DC Downtown Primary Commercial Zoning District. 5. Conformance with the Subdivision Ordinance and the Subdivision Map Act. The Vesting Tentative Map an appropriate mechanism to merge the four parcels into one parcel and to re-subdivide the one parcel into no more than 120 residential condominium units. The City Council has reviewed the proposed subdivision and has found it to be in conformance with both the Subdivision Ordinance and Subdivision Map Act. Based on the above-stated facts and analysis, and subject to any conditions set forth below, the City Council concludes and finds that it does not make any of the findings requiring denial of the Vesting Tentative Map under Government Code Section 66474 and San José Municipal Code Sections 19.12.130 and 19.12.220 because the map is consistent with the General Plan, the design of the subdivision and the subject site are physically suited for the development and 3
realistically allows for the development planned, and the vesting tentative map does not cause substantial environmental damage or injury to habitat, health problems, or conflict with public access easements. 6. Environmental Review. An Addendum was prepared to the San José Downtown Strategy Plan 2000 Final Environmental Impact Report, the Diridon Station Area Plan (DSAP) Final Environmental Impact Report, the Envision San José 2040 General Plan Final Program Environmental Impact Report and a Supplemental EIR to the Envision San José 2040 General Plan Final Program Environmental Impact Report. Based on the analysis and conclusions in the Addendum, the proposed project would not result in any new impacts not previously disclosed in the Downtown Strategy 2000, DSAP, and the Envision San José 2040 FEIRs; nor would it result in a substantial increase in the magnitude of any significant environmental impact previously identified in these FEIRs. Impact areas analyzed include: aesthetics, air quality, biological resources, cumulative, cultural resources, energy, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use, noise, public services, recreation, transportation, and utilities and service systems. In accordance with the findings set forth above, a Vesting Tentative Map to use the subject property for said purpose specified above and subject to each and all of the conditions hereinafter set forth is hereby approved. This City Council expressly declares that it would not have granted this 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. APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. Acceptance of Vesting Tentative Map. Per Section 19.12.230, should the applicant fail to file a timely and valid appeal of this Vesting Tentative Map 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 Vesting Tentative Map 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 19 applicable to such Vesting Tentative Map. 2. Expiration of Vesting Tentative Map. This Vesting Tentative Map shall automatically expire 48 months from and after the date of issuance hereof by the Director of Planning of the City of San José. The date of issuance is the date this Vesting Tentative Map is approved by the City Council. 4
3. Development Rights - Vesting on Approval of Vesting Tentative Map. a. Per San José Municipal Code Section 19.13.070, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in Government Code Section 66474.2. However, if Section 66474.2 of the Government Code is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved. b. Notwithstanding subsection 3.a., any permit, including a building permit, approval, extension, or entitlement may be made conditional or denied if any of the following are determined: i. A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both. ii. The condition or denial is required, in order to comply with state or federal law. c. The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section 19.13.060. If the final map is approved, these rights shall last for the following periods of time: i. An initial time period of one year. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this oneyear initial time period shall begin for each phase when the final map for that phase is recorded. All of said final maps or parcel maps must be recorded within the time period set forth in Section 19.13.060 or the vesting tentative map approval shall expire for those parcels for which final maps or parcel maps are not timely recorded. ii. The initial time period set forth in 3.c.i. shall be automatically extended by any time used for processing a complete application for a grading permit if such processing exceeds thirty days from the date a complete application is filed. iii. A subdivider may apply to the director for a one-year extension at any time before the initial time period set forth in 3.c.i expires. If the extension is denied, the subdivider may appeal that denial to the city council within fifteen (15) days. iv. If the subdivider submits a complete application for a building permit during the periods of time specified in 3.c.i. through 3.c.iii. above, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit. 4. 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). 5
5. Compliance with Subdivision Ordinance. The final map shall comply with all of the requirements for final maps in Chapter 19.16 of the San José Municipal Code and shall show and contain all of the data required by San José Municipal Code Section 19.16.110. 6. Homeowner s Association. A Homeowner s Association (HOA) shall be established for maintenance of all common areas, including driveways/courtyards, landscaping and the community amenity area. A copy of the Development Permit, the accompanying 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. Documentation of HOA formation must be submitted to the City prior to issuance of the first certificate of occupancy for the project. 7. Conformance with Other Permits. The subject Vesting Tentative Map conforms to and complies in all respects with the Site Development Permit File No. H15-046 on which such Vesting Tentative Map is based. Approval of said Vesting Tentative Map shall automatically expire with respect to any portion of the lands covered by such Vesting Tentative Map on which a Final Map or Tract Map has not yet been recorded if, prior to recordation of a Final Map or Tract Map thereon, the Site Development Permit for such lands automatically expires or for any reason ceases to be operative. 8. 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. 9. Improvement Contract. 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 a subdivision improvement agreement with the City of San José, in accordance with Section 19.32.130 of the San José Municipal Code, and provide the improvement security and insurance required therein. 10. Public Use Easements. Subdivider shall dedicate on the final map for public use easements for public utilities, emergency access, open space, streets, pedestrian ways, sanitary sewers, drainage, flood control channels, water systems, and parking in and upon all areas within the subdivision shown on the Vesting Tentative Map for the subdivision to be devoted to such purposes. 11. 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. 6
12. Public Works Clearance for Building Permit(s) or Map Approval: Prior to the approval of the Tract 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 as described in the Site Development Permit (H15-046). In accordance with the findings set forth above, a Vesting Tentative Map Permit to use the subject property for said purpose specified above is hereby approved. APPROVED and issued this day of, 2016, by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: ATTEST: SAM LICCARDO Mayor TONI J. TABER, CMC City Clerk NOTICE TO PARTIES The time within which judicial review must be sought to review this decision is governed by the provisions of the California Code of Civil Procedure Section 1094.6. 7
ORDER NO. : 0616012179-IB EXHIBIT A The land referred to is situated in the County of Santa Clara, City of San Jose, State of California, and is described as follows: TRACT ONE: PARCEL ONE: Beginning at a point on the Westerly line of Delmas Avenue distant thereon 68.75 feet Northerly from the point of intersection of the Westerly line of Delmas Avenue with the Northerly line of Auzerais Avenue, formerly San Salvador Street; thence running Westerly at right angles to Delmas Avenue and parallel with the Northerly of Auzerais Avenue, 137.50 feet; thence Northerly and parallel with the Westerly line of Delmas Avenue; 34.375 feet; thence Easterly at right angles to Delmas Avenue and parallel with the Northerly line of Auzerais Avenue 137.50 feet to the Westerly line of Delmas Avenue; thence Southerly along the Westerly line of Delmas Avenue 34.375 feet to the point of beginning and being a portion of Lot 8 in Block 8, as laid down, designated and delineated upon that certain Map entitled, "Map of Prevost's Survey", which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of california, on June 7, 1867 in Book "A" of Maps, Page 40. PARCEL TWO: A right of way for horses and vehicles over a strip of land 5 feet wide and running Westerly from the Westerly line of Delmas Avenue a distance of 75 feet, along and immediately adjoining the Northerly line of the property hereinabove described, and being a portion of the Northerly onehalf of the Northerly one-half of Lot 8 above referred to. APN: 264-26-013 TRACT TWO: Real property in the City of San Jose, County of Santa Clara, State of california, described as follows: PARCEL ONE: Commencing at a point in the Westerly line of Delmas Avenue, distant on said line 207.18 feet Northerly from the Northerly line of Auzerais Avenue, formerly known as San Salvador Street, said point being the Northeasterly corner of land owned by J. Vigoroux; running thence Northerly along said line of Delmas Avenue 48 feet; thence at right angles Westerly and parallel to Auzerais Avenue formerly known as San Salvador Street 137.80; thence at right angles Southerly and parallel to Delmas Avenue 48 feet to land of J. Vigoroux; thence at right angles Easterly and parallel to San Salvador Street along the Northerly line of land of J. Vigoroux 137.50 to the place of beginning. Page 1 of 2 EXHIBIT "A" (File Nos. C15-047; H15-046; T15-058)
APN: 264-26-009 PARCEL TWO: Commencing at a point on the Westerly line of Delmas avo distant on said line 259 1/2 feet Southerly for the Southerly line of San Carlos Street; thence running Westerly at right angles to said line of Delmas Avenue; 137 1/2 feet, thence Southerly and parallel to the line of Delmas Ave. to land now or formerly owned by E. Macabee; thence Westerly and along the line of Macabee's land 104 feet, more or less, to the West line of Prevosts Survey, thence Northwesterly along the line of said survey to land now or formerly owned by Fred Hause; thence Easterly and along the Southerly line of Hause and Bernard's land 275 feet more or less to the Westerly line of Delmas Avenue, and thence Southerly along said line of Delmas Avenue 53 1/4 feet, more or less, to the place of beginning. Being parts of Lots 3, 4 and 6, Block 8 of Prevosts's Surveyor addition to the City of San Jose, as delineated upon a Map of said Survey recorded in Liber A of Maps, Page 40, Records of Santa Clara County, California. APN: 264-26-006 and 264-26-007 PARCEL THREE: Beginning at a point in the Westerly line of Delmas Avenue, distant thereon 259.5 feet Southerly from the intersection thereof with the Southerly line of San carlos Street, as said Avenue and Street are shown upon the Map hereafter referred to: thence running Southerly along said line of Delmas Avenue 36.5 feet; thence leaving said line at right angles and running Westerly and parallel with said line of San Carlos Street 137.5 feet; thence at right angles Northerly and parallel with said line of Delmas Avenue 36.5 feet; thence at a right angles Easterly and parallel with said line of San Carlos Street 137.5 feet to the point of beginning and being a part of Lots 4 and 5 in Block 8, Prevosts Survey in the City of San Jose, which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, in Book "Au of Maps, Page 40. APN: 264-26-008 Page 2 of 2 EXHIBIT "A" (File Nos. C15-047; H15-046; T15-058)