SANjOSE CAPITAL OF SILICON VALLEY

Transcription

1 COUNCIL AGENDA: 10/20/15 ITEM: f. 3 CITY OF SANjOSE CAPITAL OF SILICON VALLEY CITY COUNCIL STAFF REPORT File No. C Applicant: Jim Rubnitz Location Southeast corner of Meridian Avenue and Fruitdale Avenue (900 Meridian Avenue) Existing Zoning CP- Commercial Pedestrian Proposed Zoning CN- Commercial Neighborhood Council District 6 Historic Resource No Annexation Date: December 31,1980 (Hamilton No. 48) CEQA: Addendum to the Envision San Jose 2040 General Plan EIR, Resolution No APPLICATION SUMMARY A Conventional Conforming Rezoning from the CP-Commercial Pedestrian Zoning District to the CN-Commercial Neighborhood Zoning District to facilitate a future drive-thru carwash and convenience store at an existing gasoline service station on a 0.47 gross acre site. RECOMMENDATION: Staff recommends that the City Council approve the Conforming Rezoning. PROJECT DATA GENERAL PLAN CONSISTENCY General Plan Designation Neighborhood / Community Commercial 1X1 Consistent Inconsistent Consistent Policies LU-4.1; LU-5.1; IP-1.7; Zoning Code Section SURROUNDING USES General Plan Land Use Zoning Existing Use North Neighborhood / R-l-8 Single-Family Church Community Commercial Residence South Neighborhood / CP Commercial Restaurant Community Commercial Pedestrian East Mixed Use Neighborhood R-M Multiple Multi-Family Residence Residence West Neighborhood / Community Commercial CP Commercial Pedestrian Commercial Retail

2 HONORABLE MAYOR AND CITY COUNCIL October 2, 2015 Subject: File No. C Page 2 RELATED APPROVALS Date Action 11/5/94 Conditional Use Permit (CP94-058) allowing for a 24 hour gas station. PROJECT DESCRIPTION On August 18, 2014, the applicant initially applied for a Planned Development Rezoning for the subject site to rezone from the CP Commercial Pedestrian Zoning District to the A(PD) Planned Development Zoning District, to allow for a carwash and convenience store within an existing gas station. After discussions with staff about the development standards for the proposed uses, it was determined that the proposed project and uses would be allowed under the CN Commercial Neighborhood Zoning District. Therefore, on July 8, 2015, the Planned Development Rezoning File No. PDC was converted to a Conforming Rezoning application. The addition of the car wash use will require a Conditional Use Permit at a future date. The subject site is currently developed with a gas station and convenience store that was built in the 1960's. Existing uses located adjacent to the site include a church to the north, a commercial retail to the south, a restaurant to the west, and multi-family residential to the east across a site driveway. Site Location:

3 HONORABLE MAYOR AND CITY COUNCIL October 2, 2015 Subject: File No. C Page 3 ANALYSIS Envision San Jose 2040 General Plan Conformance The subject site has an Envision San Jose 2040 General Plan Land Use/Transportation Diagram land use designation of Neighborhood/Community Commercial. NCC- Neighborhood Community Commercial RN- Residential Neighborhood MUN- Mixed use Neighborhood This designation supports a broad range of commercial activities that serve the communities in the neighborhood areas. The rezoning is consistent with Neighborhood/Community Commercial land use designation, as the subject site is located on a major arterial intersection with close proximity to expressways and freeways. Such sites are appropriate for more intense commercial uses and CN rezoning will allow for the redevelopment of the site to provide additional commercial amenities. In addition, the rezoning is consistent with the following General Plan policies: 1. Land Use Policy LU-4.1- Commercial: Retain existing commercial lands to provide jobs, goods, services, entertainment, and other amenities for San Jose's workers, residents, and visitors. Analysis: The subject rezoning will retain the parcel as a commercial use. The proposal will allow for additional commercial uses and services for San Jose's workers, residents, and visitors, which are not permitted in the existing CP Zoning District.

4 HONORABLE MAYOR AND CITY COUNCIL October 2,2015 Subject: File No. C Page 4 2. Land Use Policy LU-5.1- Neighborhood Serving Commercial: In order to create complete communities, promote new commercial uses and revitalize existing commercial areas in locations that provide safe and convenient multi-modal access to a full range of goods and services. Analysis: The subject rezoning will retain the existing gas station use built in the 1960s and allow for additional renovations to increase neighborhood serving uses. Further, any new development or redevelopment of the site that requires a development permit will need to be consistent with the City's policies for public improvements, upgrades to pedestrian access, building and design and landscaping. 3. Implementation Policy IP-1.7- Land Use/Transportation Diagram: 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 cannot be implemented through standard Zoning Districts, or to sites with unusual physical characteristics that require special consideration due to these constraints. Analysis: The intended renovation and intensification of the existing use would be allowed in the CN Zoning District, which directly conforms to the Neighborhood/Community Commercial General Plan land use designation. Therefore, a Planned Development Zoning is not required Zoning Ordinance Conformance The proposed rezoning is in conformance with Table 20-70, Section of the San Jose Municipal Code. The Zoning Ordinance identifies the Commercial Neighborhood Zoning District as a conforming zoning district to the Neighborhood/Community Commercial General Plan Land Use/Transportation Diagram Land Use Designation.

5 HONORABLE MAYOR AND CITY COUNCIL October 2, 2015 Subject: File No. C Page 5 CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Pursuant to Section of the CEQA Guidelines, the City of San Jose has determined that the proposed rezoning is pursuant to or within the scope and in furtherance of the Final Program Environmental Impact Report for the Envision San Jose 2040 General Plan ("FPEIR"), which was certified and adopted by City Council Resolution No on November 1, The FPEIR was 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 project was analyzed for environmental impacts resulting from the rezoning to the zoning district that conforms to the General Plan land use designation for the site, and was found to be adequately analyzed in the FPEIR in all resource areas except for Greenhouse Gas Emissions (GHG). The City of San Jose prepared an Addendum to the FPEIR to analyze Greenhouse Gas Emissions, and concluded that the GHG emission will be approximately 813 MY of C02e/yr, which is below the Bay Area Air Quality Management District's operational GHG screening threshold of 1,110 MT of C02e/yr. The project therefore considered to have a less than significant environmental impact for GHG emission. The Addendum is available for review at The project will not result in new significant environmental impacts or a substantial increase in the magnitude of any significant environmental impact previously identified in the Envision San Jose 2040 General Plan. PUBLIC HEARING NOTIFICATION Community Meeting A community meeting was held on May 20, 2015 at Sherman Oaks Elementary School and approximately six members of the public attended the meeting. The applicant heard comments about the potential traffic impact and noise from the development of the site. Public Works has reviewed the project and determined that the proposed rezoning would not increase traffic as the proposed use is to serve the existing customers already attending the gas station. The tunnel is orientated in a manner that noise is directed towards the freeway and that additional noise damping and sound wall techniques would be applied to reduce the effect of noise from the carwash. Staff followed Council Policy 6-30: Public Outreach Policy to inform the public about this project. 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 staff report is also posted on the City's website. Staff has been available to respond to questions from the public. Approved by: /s/ Harry Freitas, Director, Planning, Building and Code Enforcement Attachments: Legal Description Plat Map Neighborhood Correspondence

6 EXHIBIT A Real property commonly known as 916, 910 & 900 Meridian Avenue, San Jose, Santa Clara County, California, APN , more particularly described as follows: BEGINNING at a one inch pipe at the intersection of the center line of Meridian Road with the Westerly prolongation of the South line of Fruitdale Avenue (formerly Carlos Street), said point of beginning being the Northwest comer of that certain acre tract of land conveyed by the Estate of Robert G. Mitchell to Phoebe Mitchell et al as recorded on April 1, 1921 in Volume 532 of Deeds, at page 460, Records of Santa Clara County, California; and running thence along the South line of Fruitdale Avenue, also being the North line of said acre tract of land, N /2' E feet to a 3/4 inch pipe at the Northeast comer of said acre tract of land; thence along the East line of said acre tract of land South feet to a 3/4 inch pipe; thence parallel with the South line of Fruitdale Avenue S /2' W feet to a point in the center line of the Meridian Road, from which an iron bar in the East line of the Meridian Road bears No /2' E feet; thence along the center line of the Meridian Road North feet to the place of beginning, containing 5.00 acres, and being a portion of said acre tract of land, and situated in the Los Coches Rancho, Santa Clara County, California. APN Nos: Meridian Avenue, San Jose, California. 910 Meridian Avenue, San Jose, California. 900 Meridian Avenue, San Jose, California. EXCEPTING THEREFROM, beginning at a 3/4 inch pipe in the South line of Fruitdale Avenue (formerly Carlos Street) at the Northeasterly comer of that certain 5.00 acre tract of land conveyed by Phoebe Mitchell to Benny Denice and Sara Denice, as recorded on February 8, 1943 records of Santa Clara County, California, and running thence along the south line of Fruitdale Avenue S ' 30" W feet to a one inch pipe; thence parallel with the east line of said 5.00 acre tract of land South feet to a one inch pipe in the South line of said 5.00 acre trace of land; thence along said South line N ' 30" W feet to a 3/4 inch pipe in the Southeast comer of said 5.00 acre tract of land; thence along said east line North feet to the place of beginning, containing acres and being a portion of said 5.00 acre tract of land in the Los Coches Rancho, Santa Clara County, California, EXCEPTING THEREFROM, beginning at an iron pipe in the Southerly line of Fruitdale Avenue, formerly Carlos Street, distant thereon S ' 30" W feet from a 3/4 inch iron pipe at the Northeasterly comer of that certain 5.0 acre tract of land described in the Deed from Phoebe Mitchell, at al, to Benny Denice, et ux, dated February 23, 1943 and recorded March 8, 1943, in Book 1128 of Official Records, page 505; thence South, parallel with the Easterly line of said 5.0 acre tract, feet to an iron pipe on the Southerly line thereof; thence S ' 30" W. along the Southerly line of said 5.0 acre tract feet; thence North parallel with Easterly line of Fruitdale Avenue, thence N ' 30" E. along the Southerly line of Fruitdale Avenue feet to the point of beginning and being a part of said 5.0 acre tract situated in the Los Coches Rancho. Excepting APN Nos: and /8/12(27714) #

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8 CORD ASSOCIATES MEMORANDUM 401 Fieldcrest Drive Sail Jose, CA direct fax cell Date: April 17, 2015 Hand Delivered To: John Tu, City Planning From: Hemy Cord Re: 900 Meridian PDC John - Attached are the petitions in support of the improvements. One is a set from Neighbors In support, and the other set from Customers in support. Thanks

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