SANjOSE CAPITAL OF SILICON VALLEY

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1 COUNCIL AGENDA: 05/17/16 ITEM:,1.1 fr) CITY OF *2 SANjOSE CAPITAL OF SILICON VALLEY CITY COUNCIL STAFF REPORT File No. C Applicant: Jeff Guinta Location Northwesterly corner of Los Gatos-Almaden Road and Warwick Road (14861 Los Gatos- Almaden Road) Existing Zoning R-l-2 Single-Family Residence Council District 9 Historic Resource N/A Annexation Date: November 1,1980 (Heather No. 8) 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: Conventional Rezoning from the R-l-2 Single-Family Residence Zoning District to the R-l-5 Single-Family Residence Zoning District, on a 0.49-gross acre site, for the purpose of allowing front, side and rear yard setbacks for the subject property that are consistent with the existing setbacks in the surrounding neighborhood. RECOMMENDATION: Staff recommends that the City Council approve the proposed Conventional Rezoning. PROJECT DATA GENERAL PLAN CONSISTENCY General Plan Designation Residential Neighborhood X Consistent Q Inconsistent Consistent Policies Land Use Policies LU-9.8, LU-11.6, Implementation Policy IP-1.6 Inconsistent Policies N/A SURROUNDING USES General Plan Land Use Zoning Existing Use North Residential Neighborhood R-l-2 Single-Family Single-Family Residences Residence South Unincorporated County of Santa Clara Unincorporated County of Santa Clara Single-Family Residences

April 25,2016 Page 2 East Residential Neighborhood R-l-2 Single-Family Residence West Residential Neighborhood R-l-2 Single-Family Residence Single-Family Residences Single-Family Residences PROJECT

2 April 25,2016 Page 2 East Residential Neighborhood R-l-2 Single-Family Residence West Residential Neighborhood R-l-2 Single-Family Residence Single-Family Residences Single-Family Residences PROJECT DESCRIPTION On March 9, 2016, the applicant applied for a rezoning of the subject 0.49 gross acre site from the R-l-2 Single-Family Residence Zoning District to the R-l-5 Single-Family Residence Zoning District. The site consists of one lot that is developed with a single-family residence and is surrounded by single-family residences on all sides. It is also bounded by Warwick Road to the east and Los Gatos-Almaden Road to the south. The subject lot and surrounding properties were developed under the jurisdiction of the County of Santa Clara with side setbacks ranging from 5 to 10 feet, prior to annexation into the City of San Jose in The property is developed at a density of 5.3 dwelling units per acre, which is consistent with the Residential Neighborhood General Plan designation, as well as the proposed R-l-5 zoning (Figure 1). However, the surrounding neighborhood and majority of the neighboring houses have side setbacks of 5 feet. The owner is planning to construct an addition to the house. The ultimate purpose of the proposed rezoning is to allow appropriate front, side and rear setbacks, which would allow the house to be remodeled with setbacks that are consistent with those of the surrounding singlefamily residences in the neighborhood. The current R-l-2 Zoning District is intended for lowdensity, single-family residential uses, with a minimum lot size of 20,000 square feet (0.45 acre), or approximately two dwelling units per acre. The development standards include a 15-foot interior side setback. The proposed R-l-5 Zoning District allows a minimum lot size of 8,000 square feet and minimum side yard setback of 5 feet. Figure 1: Aerial Image of the Subject Site and Surrounding Area

April 25, 2016 Page 3 ANALYSIS The proposed Conforming Rezoning was analyzed for conformance with the Envision San Jose 2040 General Plan and the California Environmental Quality Act (CEQA).

3 April 25, 2016 Page 3 ANALYSIS The proposed Conforming Rezoning was analyzed for conformance with the Envision San Jose 2040 General Plan and the California Environmental Quality Act (CEQA). Envision San Jose 2040 General Plan Conformance The subject property is designated as Residential Neighborhood on the General Plan Land Use/Transportation Diagram (see Figure 2). to w Clarir / r- i Ade < "A O c 3 Figure 2: General Plan Land Use/Transportation Diagram The Residential Neighborhood land use designation encompasses most of the established, singlefamily residential neighborhood areas across the city. The intent of the designation is to preserve the existing character of these neighborhoods, and limit new development to infill projects which closely conform to the prevailing neighborhood character, as defined by density, lot size, shape, massing and neighborhood form and pattern. This existing R-l-2 zoning does not conform to the current Envision San Jose 2040 General Plan Land Use/Transportation Diagram designation of the Residential Neighborhood, which is intended for up to eight dwelling units per acre, based on existing surrounding neighborhood density. The proposed rezoning is consistent with this General Plan land use designation, as it allows development of the subject site to be consistent with surrounding front, side and rear setbacks, thereby maintaining the existing neighborhood form and character. This conforming rezoning is also consistent with the following General Plan policies: 1. Land Use Policy LU-9.8: When changes in residential densities in established neighborhoods are proposed, the City shall consider such factors as neighborhood character and identity; historic preservation; compatibility of land uses and impacts on livability;

4 April 25, 2016 Page 4 impacts on services and facilities, including schools, to the extent permitted by law; accessibility to transit facilities; and impacts on traffic levels on both neighborhood streets and major thoroughfares. Analysis: The existing R-l-2 zoning of the subject site requires a minimum lot size of20,000 square feet, and the R-l-5 zoning proposed for the subject site allows a smaller minimum lot size of8,000 square feet. This reduced minimum lot size has the potential to result in increased density for the property. However, the property has lot dimensions of 95 feet by 205feet, and could therefore not be subdivided further, as both resulting lots would not conform to Title 19 of the San Jose Municipal Code regarding subdivisions. Title 19 requires new subdivisions to have a minimum lot width of 55 feet and a minimum lot depth of 120 feet. Therefore, the proposed rezoningfrom R-l-2 to R-l-5 will not result in an increase in the number of dwelling units on the property. The change in allowable density, therefore, would not impact the existing neighborhood density. Furthermore, the R-l-5 development standards would allow smaller setbacks, which allow the subject lot to have better conformity with the neighboring lots. 2. Land Use Policy LU-11.6: For new infill development, match the typical lot size and building form of any adjacent development, with particular emphasis given to maintaining consistency with other development that fronts onto a public street to be shared by the proposed new project. As an exception, for parcels already developed with more than one dwelling unit, new development may include up to the same number of dwelling units as the existing condition. The form of such new development should be compatible with and, to the degree feasible, consistent with the form of the surrounding neighborhood pattern. Analysis: The rezoning will allow reduced front, side and rear yard setbacks that are consistent with the existing setbacks within the neighborhood. The R-l-5 Zoning District would further ensure that any new development would blend with the neighborhood. The form of any new development on the property will be consistent with the existing neighborhood form. 3. 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 R-l-5 Zoning District is the conforming zoning district for the Envision San Jose 2040 General Plan Land Use/Transportation Diagram's designation of Residential Neighborhood, as indicated in the Zoning Ordinance. Rezoning the subject property to the R-l-5 Zoning District would allow addition to or replacement of the existing house that is consistent with the surrounding neighborhood in both form and density; thus, supporting the use of the property as envisioned under the General Plan. The proposed rezoning will allow a conforming zoning district consistent with the general plan designation as envisioned when the Envision San Jose 2040 General Plan was adopted.

5 April 25,2016 Page 5 CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) The proposed Conforming Rezoning will change the current R-l-2 Single-Family Residence Zoning District to the R-l-5 Single-Family Residence Zoning District. It will allow the property to reduce setbacks on a 0.49 gross acre site. No new or more significant environmental impacts beyond those identified in the Envision San Jose 2040 General Plan Final Program Environmental Impact Report (FPEIR) and Supplemental EIR (SEIR) 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 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 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/ Harry Freitas, Director, Planning, Building and Code Enforcement Attachment: Plat map For questions, please contact Steve McHarris, Planning Official, at (408)

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SAN IPSE CAPITAL OF SILICON VALLEY

una. CITY OF -3 SAN IPSE CAPITAL OF SILICON VALLEY COUNCIL AGENDA: 08/16/16 ITEM:, fb) CITY COUNCIL STAFF REPORT File No. C16-026 Applicant: Foundation for Hispanic Education Location Northerly side of