Agenda: 11/ 05/2013 Item No.: 11.3(b)
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JOSÉ APPROVING A PLANNED DEVELOPMENT PERMIT, SUBJECT TO CONDITIONS, TO ALLOW THE DEMOLITION OF THREE (3) EXISTING BUILDINGS AND DEVELOPMENT OF SEVEN (7) SINGLE-FAMILY DETACHED UNITS RESIDENTIAL UNITS ON A 0.79 GROSS ACRE SITE LOCATED ON THE NORTHWEST CORNER OF FALLINGTREE DRIVE AND NORTH CAPITOL AVENUE (2577 FALLINGTREE DRIVE)
FILE NO. PD13-029
WHEREAS, pursuant to the provisions of Chapter 20.100 of Title 20 of the San
Jose Municipal Code, on July 19, 2013, application File No. PD13-029 was filed for a Planned Development Permit to allow the demolition of three (3) existing buildings and development of seven (7) detached residential units on a 0.79 gross acre site in the A(PD) Planned Development Zoning District (PDC13-005) located on the northwest corner of Fallingtree Drive and North Capitol Avenue, San José (2577 Fallingtree Drive); and
WHEREAS, the subject property is all that real property described in Exhibit "A",
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 Jose Municipal Code, the Planning Commission conducted a hearing on said application on October 23, 2013, notice of which was duly given; and
WHEREAS, at said hearing, the Planning Commission gave all persons full
opportunity to be heard and to present evidence and testimony respecting said matter; and
WHEREAS, at said hearing, the Planning Commission made a recommendation
to the City Council respecting said matter based on the evidence and testimony; and
WHEREAS, pursuant to and in accordance with Chapter 20.100 of Title 20 of the
San Jose 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
Agenda: 11/ 05/2013 Item No.: 11.3(b)
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 the development plan for the subject property entitled “Planned Development Permit, PD13-029, Fallingtree Drive,” dated July 19, 2013, which 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, this project is the subject of a Mitigated Negative Declaration (MND)
prepared in conformance with the California Environmental Quality Act of 1970 (CEQA), as certified and adopted by the City Council on November 5, 2013 pursuant to Section 15070 of the CEQA Guidelines in Resolution No. ________; and
WHEREAS, the City of San Jose has determined that this proposed project is
pursuant to or in furtherance of the MND, which information and findings contained in the MND were considered and approved by the Council prior to approval of this project; and
WHEREAS, said hearing was conducted in all respects as required by the San
Jose Municipal Code and the rules of this City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN JOSE AS FOLLOWS:
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 A(PD) Planned Development Zoning District
(File No. PDC13-005).
3. The applicant, Dave Yocke, from HMH, Inc, on behalf of Stephen Henriques, submitted an application for a Planned Development Rezoning from the A (PD) to A (PD) Planned Development Zoning District on February 7, 2013, and subsequent Planned Development Permit and Tentative Map applications on July 19, 2013, to subdivide and develop the property into seven lots for single-family residential use.
4. The project site is a 0.79-acre parcel located on the west side of Capitol Avenue, between Minuet Drive and Fallingtree Drive. The existing land uses surrounding
Agenda: 11/ 05/2013 Item No.: 11.3(b) the site are single-family residential uses on the north, south, west and across North Capitol Avenue to the east.
5. This Planned Development Permit will allow development of up to 7 detached residential units.
6. The proposed seven (7) lots average approximately 4,800 square feet with two-storied homes and 14-foot (average) front setbacks, and 5-foot (average) side setbacks.
7. The project site contains one single-family residence with a detached garage and a barn structure. The remainder of the site is vacant.
8. All existing buildings and structures would be removed with this project.
9. The properties were evaluated in accordance with criteria used to assess historic significance and eligibility of a building, structure, object, site, or district for listing in the National Register of Historic Places, the California Register of Historical Resources (CRHR), and the City of San José Historic Preservation and
Resource Inventory. The evaluation found that none of the properties qualify for listing on the California or National Registers and none are eligible as
architecturally or historically significant as a San José Historic Landmark.
10. An arborist survey conducted on April 30, 2013, determined that there are 33 trees on the subject site, including Chinese tallow, black walnut, apricot, privet, coast live oak, persimmon, orange, apple, loquat, lemon, and silk tassle. The trunk
circumferences ranged from 6-inches to 104-inches and majority of the trees were found in poor condition. All of the existing on-site trees will be removed and the project is subject to standard tree replacement requirements.
11. Pursuant to the State Guidelines for implementation of the California Environmental Quality Act (CEQA), an Initial Study and Mitigated Negative Declaration (MND) were prepared by the Director of Planning, Building, and Code Enforcement for the Planned Development Zoning that was approved for the project. The public comment period for this draft Mitigated Negative
Declaration was circulated between July 26, 2013, and August 26, 2013. 12. On October 23, 2013 the Planning Commission will conduct a public hearing on
the Planned Development Zoning and the accompanying Planned Development Permit and Tentative Map.
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 Jose Municipal Code Section 20.100.940, that:
1. The Planned Development Permit, as issued, furthers the policies of the General Plan, in that:
a. The project is consistent with the site’s General Plan Land
Use/Transportation Diagram designation of Residential Neighborhood in that it meets the density requirements allowed by this designation.
Agenda: 11/ 05/2013 Item No.: 11.3(b) 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 development of detached residential uses 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 seven (7) detached single-family units that are architecturally consistent with the neighborhood in terms of scale, design elements and use of materials.
4. The environmental impacts of the project, including, but not limited to noise, vibration, dust, drainage, erosion, storm water runoff, and odor which, even if insignificant for purposes of the California Environmental Quality Act (CEQA), will not have an unacceptable negative effect on adjacent property or properties, in that:
a. A Mitigated Negative Declaration (including a related Mitigation Monitoring and Reporting Program) was adopted for this project that requires certain mitigation measures to be incorporated into the project to prevent the occurrence of any significant adverse effect on the environment. The analysis in said MND is incorporated herein by reference.
Under the provisions of Section 20.80.440(A) of the San José Municipal Code, except as specifically exempted by Section 20.80.450, no demolition permit or removal permit shall be issued unless and until a Development Permit which specifically approves such demolition or removal has been issued and has become effective pursuant to the provisions of Chapter 20.100.
1. In accordance with Section 20.80.460 of the San Jose Municipal Code, the Director of Planning has considered the following in evaluating the proposed demolition:
a. The failure to approve the permit would result in the creation of continued existence of a nuisance, blight or dangerous condition.
b. The failure to approve the permit would jeopardize public health, safety or welfare.
c. The approval of the permit would not negatively impact the supply of existing housing stock in the City of San José.
d. Both inventoried and non-inventoried buildings, sites and districts of
historical significance will not be negatively impacted in that after evaluation of the properties it was determined that the properties do not qualify for listing on the California or National Registers and none of the properties are
Agenda: 11/ 05/2013 Item No.: 11.3(b) eligible as a San José City Landmark.
e. Rehabilitation or reuse of the existing building would not be feasible.
f. The approval of the demolition of the building should facilitate a project that is compatible with the surrounding neighborhood.
2. The Director of Planning 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.
c. The benefits of permitting the demolition, removal or relocation of the subject buildings outweigh the impacts of the demolition, removal or relocation.
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
conditions hereinafter set forth is hereby granted. 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.
CONDITIONS
1. Acceptance of Permit. Per Section 20.100.290(B), should the applicant fail to file a
timely and valid appeal of this 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 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 said Director, 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 Director of Planning. However, the Director of Planning may approve a Permit
Adjustment/Amendment to extend the validity of this Permit in accordance with Title 20. The Permit Adjustment/Amendment must be approved prior to the expiration of this Permit.
Agenda: 11/ 05/2013 Item No.: 11.3(b)
3. Sewage Treatment Demand. Chapter 15.12 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 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 Quality Control Board for the San Francisco Bay Region. Substantive conditions designed to decrease sanitary sewage associated with any land use approval may be
imposed by the approval authority.
4. Conformance to Plans. Development of the site shall conform to approved
Planned Development plans entitled, “Planned Development Permit, PD13-029, Fallingtree Drive,” last revised July 19, 2013, on file with the Department of Planning, Building and Code Enforcement, and to the San José Building Code (San José Municipal Code, Title 17, Chapter 17.04), with the exception of any subsequently approved changes.
5. 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.
6. 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.
7. Public Works Clearance for Building Permit(s) or Map Approval: Prior to the
issuance of Building permit(s) 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 exempt from the Level of Service (LOS) Policy, and no further LOS analysis is required because the project proposes 15 units of Single Family detached or less.
c. Grading/Geology:
7.c.i.a.1.1.1.1.1. A grading permit may be required prior to the issuance of a Public Works Clearance. The construction
Agenda: 11/ 05/2013 Item No.: 11.3(b) 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 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 should 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 site design measures, source controls, and numerically-sized Low Impact Development (LID) stormwater treatment measures to minimize stormwater pollutant discharges.
i. At PD stage, submit the final Stormwater Control Plan and numeric sizing calculations.
ii. Final inspection and maintenance information on the
post-construction treatment control measures must be included on the final Stormwater Control Plan.
iii. Reduce and call-out the depth of the PVC pipe between the building downspouts and the bubble-up emitter on the final Stormwater Control Plan.
e. Flood Zone AO (Depth 1’): Lots #3-6 are located in Flood Zone AO. These lots are subject to the following conditions and requirements:
i. Elevate the lowest floor, including basement, more than one (1) foot above the highest existing adjacent grade to the proposed
structure.
ii. An Elevation Certificate (FEMA Form 81-31) for each proposed structure, based on construction drawings, is required prior to issuance of a building permit. Consequently, an Elevation
Certificate based on finished construction is required for each built structure prior to issuance of an occupancy permit.
iii. 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.
iv. Provide vent openings for all enclosures below the base flood elevation, except basements (ex. crawlspace, at-grade garages).
Agenda: 11/ 05/2013 Item No.: 11.3(b) The design must either be certified by a registered professional engineer or meet the following requirements:
v. Provide vent openings on at least two exterior walls of each enclosure to automatically equalize the lateral pressure of the floodwaters. The bottom of each opening shall be no higher than twelve inches above the exterior adjacent grade. Provide a minimum of two vent openings having a total net area of not less than one square inch per one square foot of enclosed area. f. 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.
g. 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 14.25 of Title 14 of the San Jose Municipal Code) or the Parkland Dedication Ordinance (Chapter 19.38 of Title 19 of the San Jose Municipal Code).
h. Undergrounding: The In Lieu Undergrounding Fee shall be paid to the City for all frontage adjacent to North Capitol Avenue prior to issuance of a Public Works clearance. 100 percent of the base fee in place at the time of payment will be due. Currently, the 2013 base fee is $418 per linear foot of frontage and is subject to change every January 31st based on the Engineering News Record’s City Average Cost Index for the previous year. The project will be required to pay the current rate in effect at the time the Public Works Clearance is issued. (Based on 2013 rate, the fee is approximately $54,758).
i. Street Improvements:
i. Remove and replace broken or uplifted curb and gutter along project frontage.
ii. Proposed driveway widths to be 26' max.
iii. Update handicap ramps adjacent to the project site to current City Standards.
iv. Dedication and improvement of the public streets to the satisfaction of the Director of Public Works.
v. 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.
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:
Agenda: 11/ 05/2013 Item No.: 11.3(b) i. The locations of the street trees will be determined at the street
improvement stage. Contact the City Arborist at (408) 794-1901 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 park strip. Obtain a DOT street tree planting permit for any proposed street tree plantings. Street trees shown on this permit are conceptual only.
ii. Show all existing trees by species and diameter that are to be retained or removed. Obtain a street tree removal permit for any street trees that are over 6 feet in height that are proposed to be removed.
8. 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, PD13-029, 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 200-14, with the City of San José Police Department. c. Construction Conformance. A project construction conformance review by
the Planning Division is required.
9. Demolition Permit. Obtainment of a Demolition Permit is evidence of acceptance
of all conditions specified in this document and the applicant's intent to fully comply with said conditions. No demolition of the structure may be implemented unless and until the Building Division issues a Demolition Permit pursuant to Section 301 of the Uniform Building Code, as adopted pursuant to the provisions of Chapter 17.04 of Title 17 of the San José Municipal Code.
10. Green Building. The project shall comply with the provisions of Ordinance No.
28622 in the San Jose Municipal Code or subsequent ordinance for private-sector green building that is in effect at the time that a building permit application is submitted to the Department of Planning, Building and Code Enforcement Building Division. New residential projects with 10 or more units must receive the minimum green building certification of GreenPoint Rated 50 points or LEED Certified. A Green Building Deposit is required prior to issuance of building permit. The Green Building Deposit is refundable in accordance with the provisions of Ordinance No. 28622.
11. Conformance to Mitigation Monitoring & Reporting Program. This project
shall conform to all applicable requirements of the Mitigation Monitoring and Reporting Program (MMRP) approved for this development. The following mitigation or avoidance measures are organized by impact category and identify in parenthesis the person or entity responsible for monitoring compliance.
A. BIOLOGICALRESOURCES.
Agenda: 11/ 05/2013 Item No.: 11.3(b) MITIGATION MEASURE BIO-1.1: A detailed bat survey shall be conducted prior to
demolition of the buildings onsite. If a non-breeding bat colony is found, the individuals shall be humanely evicted via a two-part roof removal consisting of a partial roof removal under the direction of a qualified biologist one day, followed by full removal the next day. All demolition shall occur during daylight hours. This mitigation measure will ensure that no harm or “take” would occur to any bats as a result of demolition activities.
MITIGATION MEASURE BIO-1.2: If a maternity colony is detected in any of these
buildings, then a construction-free buffer shall be established around the building and remain in place until it has been determined by a qualified biologist that the nursery is no longer active. Removal should preferably be done between March 1 and April 15 or August 15 and October 15 to avoid interfering with an active nursery. Mitigation would not be required for the loss of roosting or foraging habitat for bats, as such habitat is abundantly available regionally.
MITIGATION MEASURE BIO-2.1: A qualified biologist shall conduct pre-construction
surveys for tree nesting raptors onsite within 14 days of the onset of ground disturbance, if ground disturbance is to occur during the breeding season (1 February to 31 August). These surveys will be based on the accepted protocols (e.g., as for the burrowing owl) for the target species. If a nesting raptor were to be detected, an appropriate construction buffer would be established. Actual size of the buffer would depend on species, topography, and type of activity that would occur in the vicinity of the nest.
MITIGATION MEASURE BIO-3.1: The developer shall have a qualified biologist
conduct a survey and prepare a report not more than 14 days prior to
construction activities to determine the presence of burrowing owls on the site. If owls are present on the site, a mitigation program shall be developed in
conformance with the requirements of the California Department of Fish and Game and the U.S. Fish and Wildlife Service. If mitigation includes relocation, owls shall not be relocated during the nesting season (February 1 through August 31). Prior to the issuance of any grading or building permits, the
developer shall submit a biologist’s report to the City’s Environmental Principal Planner to the satisfaction of the Director of Planning indicating that no owls were found on the site or that the owls were present and that mitigation has been implemented in conformance with the requirements of the above regulatory agencies.
Agenda: 11/ 05/2013 Item No.: 11.3(b)
B. HAZARDSANDHAZARDOUSMATERIALS.
MITIGATION MEASURE HAZ-1: Prior to development of the site, the project
proponent shall develop a soil management plan (SMP) to establish
management practices for handling contaminated soil and other materials that could potentially be encountered during construction. The SMP shall include soil stockpiling and sampling procedures in conformance with the recommendations for soluble lead analysis contained in the Phase I Environmental Site
Assessment prepared for the site by Cornerstone Earth Group, dated June 14, 2011 (Project Number 466-1-1). A copy of the SMP shall be provided to the Department of Planning, Building, and Code Enforcement.
C. NOISE.
MITIGATION MEASURE NOISE-1: Install a sound wall 12-feet high along the east
property line, as shown in Figure 3 of the report entitled Acoustical Assessment of the Seven Lot Single Family Development in the City of San Jose, prepared by BWG Acoustics, dated June 3, 2013. The wall height is in reference to the
building pad. The wall is to extend to the public utility easement on Lot 4 and Lot 5. It is recommended that the wall, on the roadway side, be entirely covered with ivy. This will match the walls on either side of the site and will provide sound absorption for enhanced acoustical performance. As an alternative, Pyrok cementitious coating could be used, with a recommended thickness of 1 inch. In either case, before texturing or covering, the concrete wall, if porous, should be sealed on the roadway side to reduce sound transmissions through the wall. If concrete block is used for the wall along Capitol Avenue, it would be
advantageous to have the side toward the residences be porous – not painted or sealed – to provide a sound absorptive benefit. This will reduce sound
reflections between the wall and houses. In addition, it will provide a reduction benefit for sound transmitted from front to rear yard.
For sound flanking, an 8.5-foot high wall, measured from the building pad, fully airtight except at the gate, if applicable, should be installed between the 12-foot high wall and the house on Lot 4, and similarly on Lot 5, as illustrated in Figure 3. These side yard barriers can be of wood such as 1-inch thick overlapping boards, other than redwood or cedar, and can include a solid gate (airtight except for required clearance), assuming direct access from the front to the east side yard is needed.
If the location of the soundwall facing Capitol Avenue is different than that shown in Figure 3 of Acoustical Assessment, a letter from the project noise consultant shall be submitted to the City confirming that outdoor noise levels for private open space areas would remain a less than significant impact.
MITIGATION MEASURE NOISE-2.1: All windows and sliding glass doors for
proposed units on Lots 2, 3, 4, 5 & 6 shall conform to the STC ratings
recommended in the report entitled Acoustical Assessment of the Seven Lot Single Family Development in the City of San Jose, prepared by BWG Acoustics, dated June 3, 2013. These acoustical ratings shall apply to the complete glazing
Agenda: 11/ 05/2013 Item No.: 11.3(b) assembly including frames, and seals, and shall be confirmed by laboratory test. If the soundwall required under Mitigation NOISE-1 is built in a location that is different from that shown on Figure 3 of the Acoustical Assessment, the project noise consultant shall review and determine if additional measures are needed ensure an interior DNL of 45 dBA or less, particularly for the houses on Lots 4 and 5 with elevations that face Capitol Avenue. Such measure may include specifying windows with an increased STC rating, a reduced glazing area, and/or changes to the exterior wall construction. Any additional measures
recommended by the Noise consultant shall be incorporated into plans submitted for building permits.
MITIGATION MEASURE NOISE-2.2: Exterior hinged doors should be 1 ¾-inch thick
solid core wood type or acoustical equivalent, with effective perimeter seals and no openings. This includes doors from the garage to the dwelling interior, in buildings on Lots 3, 4 and 5. Front entry doors at dwellings on Lots 4 and 5 should have a weight density of five pounds per square foot, with hinges designed to provide effective support.
MITIGATION MEASURE NOISE-2.3: All houses shall be provided with mechanical ventilation or ventilation and air conditioning (other than wall units) acceptable to the Building Department. Kitchen and bathroom vents shall be provided with exterior or interior dampers that form a tight seal. Other intake or exhaust vent openings to occupied space should be provided with dampers or acoustical baffles or connect to lined ducting with 1-inch acoustical lining (at least 8 feet in length). Ducting layout should be smooth, internally and externally. Chimneys shall be provided with close-fitting dampers.
MITIGATION MEASURE NOISE-2.4: Houses on Lots 3, 4, 5, and 6 shall have R30
insulation installed over the full extent of the upper ceilings. Houses on Lots 1, 2, and 7 shall have R19 insulation installed over the full extent of the upper ceilings. All roof assemblies shall incorporate solid sheathing.
MITIGATION MEASURE NOISE-2.5: The building shells shall be of airtight
construction on the inside and outside except for required ventilation openings. Frames and junctions and any required penetrations of the building shell should be thoroughly caulked with durable resilient caulking or weather stripped to
prevent air leaks. Window and exterior door frames should be sealed against the building structure before trim is applied. Roof/wall and floor/wall junctions should be thoroughly sealed and caulked.
MITIGATION MEASURE NOISE-2.6: For acoustical and thermal purposes, insulation
in exterior walls shall be installed in such a way as to avoid sagging.
MITIGATION MEASURE NOISE-2.7: Forced-air heating units and other indoor and
outdoor mechanical and electrical equipment shall be acoustically isolated from sensitive spaces in the same and nearby dwellings. Isolation can be achieved by location/separation or by using appropriate acoustical barriers and absorptive materials and other measures as needed. Mechanical and electrical equipment should be mounted on rigid structures through an appropriate vibration isolation
Agenda: 11/ 05/2013 Item No.: 11.3(b) system, including ducting, piping, conduit and any other services and
connections. Air flow velocity in the ducting should be limited to 8 to 9 feet per second in the vicinity of sensitive spaces. Outdoor noise-generating equipment should not be located near a window of any dwelling.
12. Tree Removal.
a. Tree Replacement. A total of 33 trees ordinance and non-ordinance trees
are proposed for removal. Any ordinance-sized tree greater than 56 inches in diameter, shall be replaced at the ratio of one 15-gallon container tree for every tree that is removed.
b. On-Site Tree Replacement Alternative. In the event the project site does
not have sufficient area to accommodate the required tree mitigation, one or more of the following measures shall be implemented, to the
satisfaction of the City’s Environmental Principal Planner:
i. The size of a 15- gallon replacement tree can be increased to 24-inch box and count as two replacement trees.
ii. An alternative site(s) shall be identified for additional tree planting. Alternative sites may include local parks or schools, or installation of trees on adjacent properties for screening purposes
iii. A donation of $300 per replacement tree shall be made to Our City Forest for in-lieu off-site tree planting in the community. These funds will be used for tree planting and maintenance of planted trees for approximately three years. Contact Our City Forest at (408) 998-7337 x106 to make the donation. A donation receipt for off-site tree planting shall be provided to the Department of
Planning, Building and Code Enforcement, Environmental Team within 30-days of removal of the first tree.
13. Lighting. Lighting shall conform to the Zoning Code and City Council Policy 4-3
Outdoor Lighting on Private Developments.
14. Colors and Materials. All building colors and materials are to be those specified
on the Approved Plan Set.
15. 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. 16. 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 20.100 of the San Jose Municipal Code.
17. 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.
Agenda: 11/ 05/2013 Item No.: 11.3(b) 18. Recycling. Scrap construction and demolition material should be recycled.
Integrated Waste Management staff at (408) 535-8566 can provide assistance on how to recycle construction and demolition debris from the project, including information on available haulers and processors.
19. Anti-Graffiti. The applicant shall remove all graffiti from buildings and wall
surfaces within 48 hours of defacement.
20. 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.
21. 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) 277-5161 to obtain free stencils.
22. Sign Approval. No signs are approved at this time. All proposed signs shall be
subject to review and approval by the Director of Planning through a subsequent Sign Permit.
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 15.10 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
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 Jose 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 15.10.486,
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 3, Chapter 20.44, Title 20 of the San José Municipal Code it finds:
Agenda: 11/ 05/2013 Item No.: 11.3(b) 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
a. The use as presently conducted creates a nuisance.
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.
EFFECTIVE DATE
The effective date of this Permit shall be the effective date of the Planned Development Zoning Ordinance for File No. PDC13-005 approved for publication on November 5th, 2013 (the “Planned Development Zoning Ordinance”) and shall be no earlier than the effective date of said Planned Development Zoning Ordinance.
APPROVED this 5th day of November 2013, by the following vote:
AYES: NOES: ABSENT: DISQUALIFIED: CHUCK REED Mayor ATTEST: TONI J. TABER, CMC City Clerk