PLANNED DEVELOPMENT PERMIT

FILE NO. LOCATION OF PROPERTY ZONING DISTRICT ZONING FILE NUMBER GENERAL PLAN DESIGNATION PROPOSED USE PLANNED DEVELOPMENT PERMIT PDA05-095-01 Southwest corner of Silver Creek Valley Road and Silver Creek Valley Place (5855 Silver Creek Valley Place) A (PD) Planned Development PDC05-045 Combined Industrial Commercial Planned Development Permit Amendment to reduce the size of an approved health care facility and medical office use by 144 square feet and allow the construction of a 144 square foot accessory structure to be used as security monitoring equipment space on a 9.89 gross acre site in the A(PD) Planned Development Zoning District. ENVIRONMENTAL STATUS Addendum to EIR Resolution No. 67245 OWNER FACTS San Gabriel Interests LP 5910 North Central Expressway Suite 1000 Dallas, TX. 75206 1. The subject site is designated CIC Combined Industrial Commercial on the Envision San Jose 2040 General Plan Land Use/Transportation Diagram. 2. The subject site is located in the A(PD) Planned Development Zoning District. 3. The subject site includes permitted private healthcare facility, medical office uses in addition to hotel, athletic club and office uses. 4. This Planned Development Permit Amendment is to allow the construction of a 144 square foot new accessory structure on the subject site. FINDINGS 1. The Planned Development Permit, as issued, furthers the policies of the General Plan in that: a. The Zoning allows a use on the property consistent with the General Plan Land Use designation of CIC Combined Industrial Commercial on the Envision San Jose 2040 General Plan Land Use/Transportation Diagram in that the new accessory structure complies with the development standards of the Planned Development Zoning. 200 East Santa Clara Street, 3 rd Floor Tower, San José, CA 95113 tel (408) 535-7800 fax (408) 292-6055 www.sanjoseca.gov

of 8 b. The Planned Development Permit, as issued, conforms in all respects to the Planned Development zoning of the property in that: c. This Planned Development Permit would allow the addition of a 144 square foot new accessory structure (security office) on the subject site to support the healthcare facilities and medical offices. 2. The interrelationship between the orientation, location and 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 building and associated infrastructure has been designed in substantial conformance with the principles set forth in the approved Planned Development Zoning on the property. 3. The environmental impacts of the project including, but not limited to, traffic, air quality, hydrology and flooding, vegetation and wildlife, cultural resources, hazardous materials, visual and aesthetic, noise, vibration, dust, drainage, and erosion have been analyzed for the purposes of the California Environmental Quality Act (CEQA). Any potential negative effects on adjacent property or properties have been addressed in that: a. The environmental impacts of this project were addressed by an Addendum to Final EIR entitled, Edenvale Redevelopment Plan, and certified on April 17, 1999, by the City of San José City Council. APPROVED SUBJECT TO THE FOLLOWING 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 Amendment Permit shall automatically expire four (4) years from and after the date of issuance hereof by said Director, if within such four-year period, the proposed use of this site or the construction of any buildings on the site has not commenced, pursuant to and in accordance with the provisions 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 to extend the validity of this Permit, for site and architectural design, only, and not an extension on the reservation of residential units, in accordance with Title 20 of the San Jose Municipal Code. The Permit Adjustment must be approved prior to the expiration of this Permit. 3. 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.

of 8 4. Conformance with Plans. Construction and development shall conform to approved Planned Development Permit Amendment plans entitled, "The Cirrus Group The California Center for Health Care and Biomedical Technology 5815 Silver Creek Valley Place San Jose CA" dated, December 10, 2013, last revised January 10, 2014 in conformance with Planned Development Permit Amendment, 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). 5. Conformance with Previously Approved Zoning. All conditions of approval and required environmental mitigation measures from the approved Planned Development Zoning (File No. PDC05-045) remain in effect. 6. Compliance with Other Permits. The permittee shall comply with all terms and conditions of the previously approved permits on the site 7. Building Permit/Certificate of Occupancy. Procurement of a Building Permit and/or Certificate of Occupancy from the Building Official for any of the structures described or contemplated under this 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 Jose Municipal Code Section 24.02.610, and any such change in occupancy must comply with all other applicable local and state laws. 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, PDA05-095-01, shall be printed on all construction plans submitted to the Building Division. b. Americans with Disabilities Act. The applicant shall provide appropriate access as required by the Americans with Disabilities Act (ADA). c. Emergency Address Card. The project developer shall file an Emergency Address Card, Form 200-14, with the City of San José Police Department. d. Construction Plan Conformance. A project construction plan 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. 9. 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 Conditional Use Permit incorporated by reference in this Permit in accordance with the San José Municipal Code. 10. Revocation. This Planned Development Permit Amendment is subject to revocation for violation of any of its provisions or conditions. 11. Construction Impact Mitigation Measures. The developer shall ensure that the following construction impacts mitigation measures are fully complied with throughout the duration of all construction activities associated with this project and related off-site construction work. Failure to comply with these conditions by the applicant, their contractors or subcontractors shall be cause for shutdown of project site until compliance with the following conditions can be ensured by the City.

of 8 a. Equipment. Mitigation of construction phase noise at the site shall include the use of quiet or new technology equipment, particularly with improved exhaust mufflers. All internal combustion engines used at the project site shall be equipped with the type of muffler recommended by the equipment manufacturer. In addition, all equipment shall be maintained in good mechanical condition so as to minimize noise created by faulty or poorly maintained engine, drive-train and components. b. Construction Hours. Construction shall be limited to the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday for on-site work within 500 feet of any residential unit. c. Fencing. The site to be disturbed for the structure (s) as described or contemplated under this permit shall be wholly enclosed by security fencing. During non-construction hours, gated to the project site shall remain locked, except for a 15-minute period immediately preceding and following the above hours of construction. d. Plans. The construction hours shall be printed on all plans for the project used to construct the project. e. Mitigation Measures. These construction impact mitigation measures shall be included in all contract documents for the project to ensure full disclosure to contractors and subcontractors. f. Daily Log. The disturbance coordinator shall maintain a log of daily activities on the project, including but not limited to, verification of site closure activities, project cleanliness, complaints on site activities and conditions and dates and times of the coordinators visits to the project if the coordinator is not solely responsible for this project site. g. Telephone Contact. A phone with answering machine for non-work shall be maintained during the duration of project construction. The phone number should be a local call for surrounding residents. h. Signage. The name and phone number of the disturbance coordinator, the hours of construction limitations, City File Number PD05-095, City contact and phone number (department and phone number), shall be displayed on a waterproof sign posted at each entrance to the project site. i. Conformance. The Director of Planning, Building and Code Enforcement may order an immediate halt to construction activities on the project site any time that the Director determines that the project is not in substantial conformance with the requirements of this Permit. Within seven days of ordering such a halt to construction, the Director of Planning, Building and Code Enforcement shall issue a Notice of Noncompliance in conformance of the San José Municipal Code indicating the specific area(s) of noncompliance and providing notice that the Director may issue an Order to Show Cause why the development permit shall not be revoked, suspended, or modified if the noncompliance is not corrected. 12. Public Works Clearance. A Development Clearance shall be obtained from the Public Works Department, prior to the issuance of Building permits and is subject to the following requirements to the satisfaction of the Director of Public Works (3-10584: a. Site Plan. The on-site parking stalls near the proposed CDS unit to be striped as No Parking Allowed.

of 8 b. Minor Improvement Permit. The public improvements conditioned as part of this permit require the execution of a Minor Street Improvement Permit that guarantees the completion of the public improvements to the satisfaction of the Director of Public Works. This permit includes privately engineered plans, insurance, surety deposit, and engineering and inspection fees. c. Sewage Fees. In accordance with City Ordinance all storm sewer area fees, sanitary sewer connections fees, and sewage treatment plant connection fees, less previous credits, are due and payable. d. Assessments. This project is located within the boundaries of Improvement District 99218SJ (Hellyer-Piercy) which sold bonds to fund the construction of the street improvements in the surrounding development. The bonds are secured by the properties and assessments have been assigned to each parcel based on its current configuration and are collected through the County property tax bills. The outstanding principal balance on the properties is approximately $1,090, 149 for APN 678-07-029, $836,436 for APN 678-07-030, and $981,462 for APN 678-07-031. Any subdivision of this parcel will trigger the need to submit and complete an amended assessment diagram to apportion the assessment to each resultant parcel. An alternate solution prior to subdivision is to prepay the assessment eliminating the need for the amended assessment diagram. e. Complexity Surcharge (In-Fill). This project has been identified as an in-fill project, and based on established criteria, the public improvements associated with this project have been rated medium complexity. An additional surcharge of 25 percent will be added to the Engineering & Inspection (E&I) fee collected at the street improvement stage. f. Landscaping. i. Install street trees within the public right-of-way along the entire street frontage per City standards. ii. The locations of the street trees will be determined at the street improvement stage. Street trees shown on this permit are conceptual only. iii. Contact the City Arborist at (408) 277-2756 for the designated street trees. g. Street Improvements. i. Applicant shall be responsible to remove and replace curb, gutter, and sidewalk damaged during construction of the proposed project. ii. The proposed driveway shall not exceed 32 feet wide. iii. Remove and replace broken or uplifted curb, gutter and sidewalk along project frontage. h. Stormwater Runoff Pollution Control Measure. 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) that include site design measures, source controls, and stormwater treatment controls to minimize stormwater pollutant discharges. Post-construction treatment control measures, shown on the project s Stormwater Control Plan, shall meet the numeric sizing design criteria specified in the City Policy 6-29 or the project shall provide an Alternative Measure, where installation of post-construction treatment measures are impracticable, subject to the approval of the Director of Planning, Building and Code Enforcement.

of 8 i. The project s Stormwater Control Plan and numeric sizing calculations have been reviewed and this project will be in conformance with City Policy 6-29. ii. Final inspection and maintenance information on the post-construction treatment control measures must be submitted prior to the issuance of a Public Works Clearance. iii. A post construction Final Report is required by the Director of Public Works from a Civil Engineer retained by the owner to observe the installation of the BMPs and stating all post construction stormwater pollution control BMPs have been installed as indicated in the approved plans and all significant changes have been reviewed and approved in advance by the Department of Public Works. i. Grading/Geology. i. A grading permit is required prior to the issuance of a Public Works Clearance. ii. 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) 277-4304 for more information concerning the requirements for obtaining this permit. iii. Because this project involves a land disturbance of one or more acres, 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. iv. The project site is within the State of California Seismic Hazard Zone. A soil 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 (CDMG Special Publication 117) and the Southern California Earthquake Center ( SCEC report). A recommended depth of 50 feet should be explored and evaluated in the investigation. 13. Cultural Resources. Pursuant to Section 7050.5 of the Health and Safety Code, and Section 5097.94 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 14. Landscaping: Planting and irrigation are to be provided, as indicated on the final Approved Plan Set. Landscaped areas shall be maintained and watered and all dead plant materials are to be removed and replaced by the property owner. Irrigation is to be installed in accordance with Part 4 of Chapter 15.10 pf 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.

of 8 15. Irrigation Standards. The permittee shall install an adequately sized irrigator 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 Landscaped Architect. 16. 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. 17. Tree Removal. No tree larger than 56 inches in circumference at a height of 4 inches above the natural grade slope shall be removed without a Tree Removal Permit issued by the Director of Planning. 18. 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. 19. Hazardous Materials. The use or storage of hazardous materials on this site is not included as part of this Permit. 20. Colors and Materials. All building colors and materials are to be those specified on the Approved Plan Set. Any changes in the materials or architectural elements shown shall require the approval by the Director of Planning, Building, and Code Enforcement. 21. Lighting. On-site, exterior, unroofed lighting shall conform to the City s Outdoor Lighting Policy. Lighting shall be fully cut-off and fully shielded, low pressure sodium fixture unless otherwise approved with this project. Lighting shall be designed, controlled and maintained so that no light source is visible from outside of the property. 22. Utilities. All new on-site telephone, electrical and other over-head service facilities shall be placed underground. 23. Site Maintenance. The site and public right-of-way frontage shall be maintained free of litter, refuse, and debris. 24. Building Maintenance. The property shall be maintained in good visual and functional condition. This shall include, but not be limited to all exterior elements of the buildings such as paint, roof, paving, signs, lighting and landscaping. 25. Outside Storage. Unless specifically identified on an approved site plan, no outside storage is permitted for the project. 26. Anti-Litter. The site and surrounding area shall be maintained free of litter, refuse, and debris.

of 8 27. Anti-Graffiti. The permittee shall remove all graffiti from buildings and wall surfaces within 48 hours of defacement. 28. 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. 29. Fire Hydrants. Public (off-site) and private (on-site) fire hydrants shall be provided as approved and at the exact location specified by Protection Engineering Section of the Fire Department to the satisfaction of the Fire Chief. 30. Fire Hydrants and Driveways. All fire hydrants shall be at least 10 feet from all driveways to the satisfaction of the Fire Chief. 31. Fire Flow. Required fire flow for the site is as approved in writing by the Fire Chief. 32. Other Agencies. Prior to the issuance of a Public Works Clearance or Grading Permit, the project developer shall contact the County of Santa Clara, Parks and Recreation Department to the satisfaction of the Director of Public Works. 33. Project Address. The applicant shall provide an address system, including named public streets, acceptable to the Police and Fire Department. APPROVED and issued this 15 th day of January 2014. Joseph Horwedel, Acting Director Planning, Building and Code Enforcement Deputy