SAN IPSE CAPITAL OF SILICON VALLEY

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1 una. CITY OF -3 SAN IPSE CAPITAL OF SILICON VALLEY COUNCIL AGENDA: 08/16/16 ITEM:, fb) CITY COUNCIL STAFF REPORT File No. C Applicant: Foundation for Hispanic Education Location Northerly side of Story Road approximately 1,250 feet easterly of South White Road (14271 Story Road) Existing Zoning A(PD) Planned Development Council District 5 Historic Resource No Annexation Date: May 6,1960 (Story No. 1-B) CEQA: Determination of Consistency with the Envision San Jose 2040 General Plan Final Impact Report (Resolution No ) and Supplemental Impact Report (Resolution No ) APPLICATION SUMMARY: Conforming Rezoning from the A(PD) Planned Development Zoning District to the PQP Public/Quasi-Public Zoning District on a gross acre site. RECOMMENDATION: Staff recommends that the City Council approve the proposed Conforming Rezoning. PROJECT DATA GENERAL PLAN CONSISTENCY General Plan Designation Public/Quasi-Public 1X1 Consistent O Inconsistent Consistent Policies Education Policy ES-1.5; and Implementation Policies IP-1.6, IP-1.7, and IP-8.2 Inconsistent Policies None SURROUNDING USES General Plan Land Use Zoning Existing Use North Residential Unincorporated Single-Family Residences County South Residential R-l-8 Single-Family Single-Family Residences Residence East Residential Unincorporated Single-Family Residences County West Residential Unincorporated County Single-Family Residences

2 Page 2 RELATED APPROVALS Date Action 05/06/60 Site annexed from County of Santa Clara into the City of San Jose (File No. Story No. 1-B). 08/20/02 Planned Development Rezoning from R-l-8 Zoning District to A(PD) Zoning District to allow post-secondary school, secondary school, and daycare uses on a gross acre site (File No. PDC01-086). 10/17/02 Planned Development Permit to allow construction of 61,864 square feet of buildings for educational/daycare uses on a gross acre site (File No. PD01-096). PROJECT DESCRIPTION On May 31, 2016, the applicant applied for a rezoning of the gross acre subject site from the A(PD) Planned Development Zoning District to the PQP Public/Quasi-Public Zoning District. There are no other development applications on file at this time. According to the applicant, the proposed rezoning to a conventional zoning district will better facilitate future planning and use of the site for school facilities and related uses. If the rezoning is approved by the City Council, the PQP Public/Quasi-Public Zoning District would allow a broader range of public uses that are consistent with the site's General Plan land use designation of Public/Quasi- Public. Currently, the PQP/Quasi-Public Zoning District requires a Conditional Use Permit for a day care and a Special Use Permit for a school (secondary or post-secondary). The site is currently occupied by six buildings totaling approximately 93,932 square feet and outdoor recreation space that are being used as a school campus for a post-secondary school (Roberto Cruz Leadership Academy), a secondary school (Latino College Preparatory Academy), and a daycare. In 2001, the proposed PQP Public/Quasi-Public Zoning District did not exist and a PD Rezoning was needed to allow post-secondary school and daycare uses on the site. The existing school uses and facilities were approved in 2001 through a Planned Development Zoning (File No. PDC01-086) and a Planned Development Permit (File No. PD01-096) when the current school operators moved to this site. The proposed Conforming Rezoning to PQP Public/Quasi-Public Zoning District would remove the existing PD zoning and current Planned Development permits, which would result in the existing uses becoming legal non-conforming, since a Special Use Permit would be required for the private school and a Conditional Use Permit would be required for the daycare. The uses may continue to operate under the Conforming Zoning pursuant to the provisions of the Nonconforming Uses requirements of the Zoning Code. The Envision San Jose 2040 General Plan discourages the use of PD Zoning, which the proposed rezoning would remove. Site Description The site is currently occupied by six buildings totaling approximately 93,932 square feet and outdoor recreation space that are being used as a school campus for a post-secondary school, a secondary school, and a daycare. The project site is surrounded by single-family residences on all sides. The County of Santa Clara borders the subject site on the north, west, and east sides.

3 July 26,2016 Page 3 ANALYSIS Figure 1: Project Site The proposed Conforming Rezoning was analyzed for conformance with: 1) the Envision San Jose 2040 General Plan; 2) the Zoning Ordinance, and 3) the California Environmental Quality Act (CEQA). Envision San Jose 2040 General Plan Conformance The subject property is designated as Public/Quasi-Public on the General Plan Land Use/Transportation Diagram (see Figure 2).

4 Page 4 Properties with this designation are intended for public land uses such as schools, colleges, corporation yards, homeless shelters, libraries, fire stations, water treatment facilities, convention centers and auditoriums, museums, governmental offices and airports. This category is also used to designate lands used by some private entities, including private schools, daycare centers, hospitals, public utilities, and the facilities of any organization involved in the provision of public services such as gas, water, electricity, and telecommunications facilities that are consistent in character with established public land uses. The proposed PQP Public/Quasi-Public Zoning District conforms to the General Plan designation of the site and allows a variety of uses from a school to publicly-oriented institutional land uses with associated incidental commercial uses supporting such publiclyoriented institutional land uses. This district may also accommodate private schools, daycare centers, hospitals, public utilities, and the facilities of any organization involved in the provision of public services. This conforming rezoning is also consistent with the following General Plan policies: 1. Education Policy ES-1.5: Cooperate with school districts in identifying and evaluating the impacts of population and demographic changes that may lead to the need for new schools, school closures, re-opening of closed schools, or the decision that existing school sites should be preserved for meeting future needs. Analysis: Although this is not a public school district facility, the proposed rezoning would allow the existing private schools and daycare to be preserved in this location for future needs. The proposed conforming zoning district would better facilitate future planning and use of the site for school facilities and related uses. The existing Planned Development Zoning District is more restrictive and woidd require a more complex entitlement process if left in place. 2. Implementation Policy IP-1.6: Ensure that proposals to rezone and prezone properties conform to the Land Use/Transportation Diagram, and advance Envision General Plan vision, goals, and policies. Analysis: The proposed PQP Public/Quasi-Public Zoning District conforms to the Envision San Jose 2040 General Plan Land Use/Transportation Diagram's designation of Public/Quasi-Public. Rezoning the subject property to the PQP Public/Quasi-Public Zoning District woidd allow continued use of existing school and daycare uses, while also providing opportunity for a broader use of the site as envisioned under the General Plan. 3. Implementation Policy IP-1.7: Use standard Zoning Districts to promote consistent development patterns when implementing new land use entitlements. Limit use of the Planned Development Zoning process to unique types of development or land uses which can not be implemented through standard Zoning Districts, or to sites with unusual physical characteristics that require special consideration due to those constraints. Analysis: The proposed rezoning would eliminate a Planned Development Zoning that is no longer needed. The proposed PQP Public/Quasi-Public Zoning District is a standard zoning district that would promote a consistent development pattern and meet the needs of an existing use while also providing the opportunity for future related uses.

5 Page 5 4. Implementation Policy IP-8.2: Use the City's conventional zoning districts, contained in its Zoning Ordinance, to implement the Envision General Plan Land Use/Transportation Diagram. These districts include a range of allowed land uses, development intensities, and standards within major land use categories (residential, commercial and industrial) together with zoning districts for other land uses such as mixed-use and open space. The various ranges of allowed use and development intensity correspond generally to the respective Envision General Plan land use designations, while providing greater detail as to the appropriate land uses and form of development. Analysis: Consistent with this policy as analyzed above, the subject rezoning to the PQP Public/Quasi-Public Zoning District directly conforms to the General Plan's land use designation. This rezoning would also remove a Planned Development Zoning and utilize a conventional zoning district of PQP Public/Quasi-Public. Zoning Ordinance Conformance The PQP Public/Quasi-Public Zoning District is intended for publicly serving uses on lots that are designated Public/Quasi-Public on the General Plan Land Use/Transportation Diagram. The use and design controls are less stringent than the existing Planned Development Zoning District standards. If the rezoning is approved by Council, the current school and daycare uses would become legal non-conforming and future expansion or modifications would require a Special Use Permit for the school uses and a Conditional Use Permit for the daycare use. Figure 3: Zoning District Designation CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) The proposed Conforming Rezoning will change the current A(PD) Planned Development Zoning District to PQP Public/Quasi-Public Zoning District on a gross acre site.

6 Page 6 There are no new or significant environmental impacts beyond those identified in the Envision San Jose 2040 General Plan Final Program Environmental Impact Report (FPEIR) and Supplemental EIR (SEIR) that have been identified, nor have any new mitigation measures or alternatives which are considerably different from those analyzed in the FPEIR and SEIR been identified. Pursuant to Section of the CEQA Guidelines, the City of San Jose has determined that the proposed rezoning is pursuant to, in furtherance of and within the scope of the Envision San Jose 2040 General Plan program, the impacts of which were analyzed and disclosed in the Final Environmental Impact Report for the Envision San Jose 2040 General Plan, for which findings were adopted by City Council Resolution No on November 1, 2011 and, the Supplemental EIR adopted by City Council Resolution No on December 15, The FPEIR and SEIR were prepared for the comprehensive update and revision of all elements of the City of San Jose General Plan, including an extension of the planning timeframe to the year The proposed rezoning does not involve new significant effects beyond those analyzed in the FPEIR and SEIR. PUBLIC HEARING NOTIFICATION In order to inform the public of the proposed project, staff followed Council Policy 6-30: Public Outreach Policy. A notice of the public hearing was distributed to the owners and tenants of all properties located within 500 feet of the project site and posted on the City website. The City Council Staff Report is also posted on the City's website. Staff has been available to respond to questions from the public. Approved by: /s/ Flarry Freitas, Director of Building, Planning and Code Enforcement For questions please contact Steve McHarris Planning Official at (408)