CITY OF C YA SAN JOSE CAPITAL OF SILICON VALLEY TO: HONORABLE MAYOR AND CITY COUNCIL SUBJECT: SEE BELOW COUNCIL AGENDA: 04/19/16 ITEM: il.tcb') Memorandum FROM: Planning Commission DATE: March 28, 2016 COUNCIL DISTRICT: 3 SUBJECT: FILE NO. C15-053: CONVENTIONAL REZONING FROM THE R-2 TWO- FAMILY RESIDENCE ZONING DISTRICT TO THE CP COMMERCIAL PEDESTRIAN ZONING DISTRICT ON AN APPROXIMATELY 0.48 GROSS ACRE SITE LOCATED AT 21 NORTH 21 st STREET RECOMMENDATION The Planning Commission voted 5-0-2 (Commissioners Pham and Bit-Badal absent) to recommend that the City Council approve the Conventional Rezoning from the R-2 Two-Family Residence Zoning District to the CP Commercial Pedestrian Zoning District on an approximately 0.48 gross acre site, as recommended by staff. OUTCOME Should the City Council approve the rezoning as recommended by the Planning Commission and staff, the applicant would be able to proceed with a Development Permit and Building Permit to construct a commercial and/or retail building(s) on the site. BACKGROUND On March 9, 2016, the Planning Commission held a public hearing to consider the proposed Conventional Rezoning, which appeared on the Consent Calendar of the Agenda. The Planning Commission voted 5-0-2 (Commissioners Pham and Bit-Badal absent) to approve the Consent Calendar with no discussion, and recommended that the City Council approve the request for a Conventional Rezoning. ANALYSIS Analysis of the issues regarding the proposed Conventional Rezoning, including General Plan conformance, is contained in the attached staff report.
HONORABLE MAYOR AND CITY COUNCIL March 28, 2016 Subject: Page 2 EVALUATION AND FOLLOW-UP If the rezoning is approved, the appropriate entitlement application could be submitted to implement uses consistent with the general development standards of the CP Commercial Pedestrian Zoning District. PUBLIC OUTREACH 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's website. The rezoning was also published in a local newspaper, the Post Record. This staff report is also posted on the City's website. Staff has been available to respond to questions from the public. COORDINATION Preparation of this memorandum has been coordinated with the City Attorney's Office. CEOA Pursuant to Section 15168 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 (EIR) for the Envision San Jose 2040 General Plan, for which findings were adopted by City Council Resolution No. 76041 on November 1, 2011, and Supplemental EIR Resolution No. 77617, adopted by City Council on December 15, 2015. The Program EIR 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 2040. The proposed rezoning does not involve new significant effects beyond those analyzed in the Program EIR. /s/ HARRY FREITAS, SECRETARY Planning Commission For questions please contact Steve McHarris, Planning Official, at (408) 535-7819. Attachment: Staff Report
PC AGENDA: 03-09-16 ITEM: 3.b. CITY OF 3 SAN JOSE CAPITAL OF SILICON VALLEY PLANNING COMMISSION STAFF REPORT Applicant: Avi Meyers Location (21 North 21 st Street)West side of North 21 st Street, approximately 250 feet north of East Santa Clara Street Existing Zoning R-2 Two-Family Residence Council District 3 Historic Resource N/A Annexation Date: December 1,1911 (East San Jose) CEQA: Determination of Consistency with Envision San Jose 2040 General Plan EIR (Resolution No. 76041) and Supplemental EIR to the Envision San Jose 2040 General Plan Program EIR (Resolution No. 77517) APPLICATION SUMMARY: Conventional Rezoning from the R-2 Two-Family Residence Zoning District to the CP Commercial Pedestrian Zoning District on a 0.48-gross acre site. RECOMMENDATION: Staff recommends that the Planning Commission recommend that the City Council approve the Conventional Rezoning. PROJECT DATA GENERAL PLAN CONSISTENCY General Plan Designation Urban Village X Consistent Q Inconsistent Consistent Policies Major Strategy 5; IP-1.1; IP1.6; IP-8.4 Inconsistent Policies None SURROUNDING USES General Plan Land Use Zoning Existing Use North Open Space, Parklands R-2 Two-Family Residence Public Park and Habitat South Urban Village R-2 Two-Family Residence / Sports Facility LI Light Industrial East Urban Village R-2 Two-Family Residence / CN Commercial Neighborhood Single-Family / Residential Care Facility
File No. CI5-053 Page 2 of 5 West Urban Village R-2 Two-Family Residence Parking Lot for the Public Park RELATED APPROVALS Date Action 2/25/15 File No. SP14-056: Special Use Permit to allow the demolition of all existing structures on an approximately 0.48 gross acre site. PROJECT DESCRIPTION On September 30, 2015, the applicant Avi Meyers, filed an application for a Conventional Rezoning of the subject 0.48-gross acre site from the R-2 Two-Family Residence Zoning District to the CP Commercial Pedestrian Zoning District. A Special Use Permit was issued for the demolition of one multi-family building and two detached accessory building, as the buildings were in a state of disrepair and their vacancy could result in the creation of a dangerous condition. The site is currently vacant, to the north is Roosevelt Park, and to the west is the parking lot for the public park and no entitlement permit applications are currently on file for the development of this site. Roosevelt Park and an associated lot is located to the north and west, while a batting cage business is to the south, and residential uses are to the east. The site is located in the Roosevelt Park Urban Village boundary and has been identified as an area of growth in the Envision San Jose 2040 General Plan. Both the Roosevelt Park Urban Village Plan and the General Plan have designated the site with a Land Use/Transportation Diagram designation of Urban Village. If the rezoning is approved, the applicant could then proceed with a Site Development Permit proposing development consistent with development standards and allowable uses of the CP Zoning District and adopted Roosevelt Urban Village Plan. Figure 1: Aerial Map
Page 3 of 5 ANALYSIS The proposed rezoning was analyzed with respect to conformance with the 1) Envision San Jose 2040 General Plan, 2) Roosevelt Urban Village Plan 3) Zoning Ordinance, and 4) the California Environmental Quality Act (CEQA). Envision San Jose 2040 General Plan Conformance The proposed rezoning of the subject site to the CP Commercial Pedestrian Zoning District conforms to the Envision San Jose 2040 General Plan Land Use/Transportation Diagram designation of Urban Village (see Figure 2). The Urban Village designation supports a wide variety of commercial, residential, and institutional or other land uses with an emphasis on establishing an attractive urban form. Development within the Urban Village designation should Fipnre 2: General Plan Diagram conform to land use and design standards established with an adopted Urban Village Plan, which specifies how each Urban Village will accommodate the planned housing and job growth capacity within the identified Urban Village Growth Area. Although the City Council has adopted the Roosevelt Urban Village Plan, residential development is not allowed until the City Council approves an Implementation Financing Plan. Development proposals for commercial, office and other non-residential uses that are consistent with the General Plan and Urban Village Plan are permitted prior to the adoption of an Implementation Financing Plan. The proposed rezoning is consistent with the following General Plan Major Strategies and Policies, discussed as follows: 1. Major Strategy #5- Urban Village: Promote the development of Urban Villages to provide active, walkable, bicycle-friendly, transit-oriented, mixed-use urban settings for new housing and job growth attractive to an innovative workforce and consistent with the Plan's environmental goals. Analysis: The site is located with an existing Urban Village boundary with an approved Urban Village Plan. The Urban Village Plan envisions a walkable and connected neighborhood with commercial development near existing residential neighborhood. The CP designation will allow future developments to promote pedestrian orientated buildings that can provide additional job growth while providing amenities to the surrounding neighborhood. The site is near a major vehicular corridor (Santa Clara Street) and is surrounded by community amenities (Roosevelt Park, Roosevelt Community Center, and San Jose Community Middle and High Schools).
Page 4 of 5 2. Implementation Policy 1.1: Use the Envision General Plan Land Use / Transportation Diagram designations to indicate the general intended land use, providing flexibility to allow for a mix of land uses, intensities and development forms compatible with a wide variety of neighborhood contexts and to designate the intended roadway network to be developed over the timeframe of the Envision General Plan. Use the Zoning designation to indicate the appropriate type, form and height of development for particular properties. Analysis: The Urban Village designation promotes mixed use developments with buildings that match the existing neighborhood context and development at a more pedestrian scale in terms of height and setbacks. The proposed CP Commercial Pedestrian Zoning District promotes development that will help shape a pedestrian orientated urban form with pedestrian-oriented retail activity and mixed residential/commercial uses. With minimal front and side setbaclts, it will create a project with a more urban edge interface between the building and public realm. 3. Implementation Policy 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 CP Commercial Pedestrian Zoning District conforms to the Land Use/Transportation Diagram. It is intended to support pedestrian-oriented retail activity at a scale compatible with surrounding residential neighborhoods. This district is also intended to support intensive pedestrian-oriented commercial activity and development consistent with general plan urban design policies. A primary goal of the City's General Plan is to create more complete neighborhoods and allow additional commercial uses near existing residential neighborhood. The proposed rezoning would facilitate additional commercial uses at a scale that is compatible with the surrounding uses. 4. Implementation Policy IP-8.4: Within Urban Village areas, review rezoning actions for consistency with applicable Urban Village Plans. Align the location, density and form of new residential or residential mixed-use development with standards established within the applicable Urban Village Plan or consistent with the requirements for Signature projects or ancillary residential development as provided for in the Envision General Plan. Analysis: The zoning would allow commercial development that is consistent with an adopted Urban Village Plan. Roosevelt Urban Village Plan Conformance The proposed rezoning is located within the Roosevelt Urban Village boundary, which has been identified by the General Plan as a Horizon 1 Urban Village. A Horizon 1 Urban Village is defined as the most immediate area for development, and the City will concentrate infrastructure improvements in these identified growth areas. In November 19, 2013 the City Council approved the Roosevelt Urban Village Plan that allows commercial/non-residential projects to proceed prior to the adoption of an Implementation Financing Plan if the proposal conforms to the plan. With the future adoption of an Implementation Financing Plan, the proposed CP designation allows mixed-used development with a minimum Floor Area Ratio (FAR) of 0.5 of commercial uses with a Conditional Use Permit. Therefore, the CP Zoning District is consistent with the policies and goals of the Roosevelt Urban Village Plan to increase commercial development with pedestrian orientated development and urban form.
Page 5 of 5 Zoning Ordinance Conformance The site is zoned R-2 Two-Family residence, which would not allow commercial or mixed-use development. The proposed CP Commercial Pedestrian Zoning District would permit commercial development immediately. The zoning would also allow a mixed-use commercial and residential project with the adoption of an Implementation Financing Plan for the Roosevelt Urban Village Plan and with an approval of a Conditional Use Permit. Figure 3: Zoning Designation Map CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Pursuant to Section 15168 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 (EIR) for the Envision San Jose 2040 General Plan, for which findings were adopted by City Council Resolution No. 76041 on November 1, 2011, and Supplemental EIR Resolution No. 77617, adopted by City Council on December 15, 2015. The Program EIR 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 2040. The proposed rezoning does not involve new significant effects beyond those analyzed in the Program EIR. - PUBLIC HEARING NOTIFICATION Staff followed Council Policy 6-30: Public Outreach Policy in order to inform the public of the proposed 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 posted on the City's website. Staff has been available to respond to questions from the public. Project Manager: John Tu Approved by: J u /ii (l\, Planning Official for Harry Freitas, Planning Director Date: Attachments: Exhibit A: Legal Description Exhibit B: Plat Map Draft Ordinance Owner: AGV, LLC 10146 Apline Dr. Apt 1 Cupertino, CA 95014 Applicant: Avi Meyers 10146 Alpine Dr. Apt 1 Cupertino, CA 95014
EXHIBIT "'A 55 LEGAL DESCRIPTION The land referred to in this report is situated in the county of Santa Clara, State of California, and is described as follows: Beginning at a point in the Southwesterly line of Twenty-first Street distant thereon North 30 41' West, 195.30 feet from the Northwesterly line of Santa Clara Street; thence along the Southwesterly line of Twenty-first Street, North 30" 41' West 130.00 feet to the Easterly comer of that certain Tract deed to San Jose High School Distr ict of Santa Clara County by Deed recorded June 4,1928 in Book 407 Official Records, Page 24, Santa Clara County Records; thence along the Southeasterly line of said Tract deed to the said School District, South 59 16' West, 173.00 feet; thence parallel with the Northeasterly line of Twentieth Street; South 30 45' East, 63.30 feet to a point in the Northwesterly line of that certain tract Deeded to Louise Currier by Deed recorded May 24,1933, Book 653 Official Records, Page 235; thence along said Northwesterly line, North 59 16' East, 28.76 feet to a point in the Southwesterly line of that certain 1.606 acre tract deeded to Henry Lux by Deed recorded March 12, 1888, Book 102 of Deeds, Page 538, thence along said Southwesterly line South 30 45' East, 66.70 feet; thence parallel with the Northwesterly line of Santa Clara Street, North 59" 16' East, 144.10 feet to the place of beginning, and being a portion of the Sullivan Tract in 500 acre Lot 13 in the Pueblo Lands of the City of San Jose, Surveyed 1949, by Raymond W, Fisher Civil Engineer and Surveyor. Area within the described parcel is 20,562 sq. ft. +/-. Together with the Plat which is page two this two page description, this exhibit is the legal description for APN 467-12-001, Santa Clara County. Page 1 of2
PLAT FOR LEGAL DESCRIPTION ( ) - RECORD DATA FROM LESAL DESCRIPTION PAGE 2 OF 2 PAGES s? 45\ APN 467-12-013 CITY OF SAN JOSE LU vn o 2 ^ 9 2 O 00 (») vo <\i < *H (/) O N a. 2 O o In z a. H o < u 00 Z 28.76 N 59 16'00" Ej APN 467-12-009 CITY OF SAN JOSE 2 \ci so o in o T O ro S 59 16'00" W 173.00 APN 467-12-001 AGV LLC 20562+/- Sq. Feet N 59 16'00" E 144.09 (144.10) o TH o O oo f LU LU H v/) C\J 2 APN 467-12-012 AKW LIMITED PARTNERSHIP APN 467-12-002 GOLDEN GATE FINANCIAL, LLC arcturus Surveys Woodside, CA 1-650-387-4996 13147btl2plat.dwg
RD:SSL:JMD 02/22/2016 ORDINANCE NO. DRAFT AN ORDINANCE OF THE CITY OF SAN JOSE REZONING CERTAIN REAL PROPERTY OF APPROXIMATELY 0.48 ACRE SITUATED ON THE WEST SIDE OF NORTH 21ST STREET, APPROXIMATELY 250 FEET NORTH OF EAST SANTA CLARA STREET (21 NORTH 21 ST STREET) FROM THE R-2 TWO-FAMILY RESIDENCE ZONING DISTRICT TO THE CP COMMERCIAL PEDESTRIAN ZONING DISTRICT WHEREAS, all rezoning proceedings required under the provisions of Chapter 20.120 of Title 20 of the San Jose Municipal Code have been duly had and taken with respect to the real property hereinafter described; and WHEREAS, pursuant to Section 15168 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 previously approved program evaluated in the Final Program Environmental Impact Report for the Envision San Jose 2040 General Plan (the "FEIR"), for which findings were adopted by City Council through its Resolution No. 76041 on November 1, 2011, and Supplemental EIR for the Envision San Jose 2040 General Plan, adopted by City Council through Resolution No. 77617 on December 15, 2015, and does not involve new significant impacts beyond those analyzed in the FEIR or the Supplemental EIR; and WHEREAS, on, 2016, the Planning Commission held a duly noticed public hearing to consider the proposed rezoning, considered the FEIR and Supplemental EIR and the project's consistency therewith, and recommended to the Council of the rezoning; and 1 T-31000 / 1289187.doc Council Agenda: Item No.: DRAFT - Contact the Office of the City Clerk at (418)535-1260 or CityClerk@sanjoseca.gov for final document.
RD:SSL:JMD 02/22/2016 WHEREAS, the City Council of the City of San Jose is the decision-making body for the proposed subject rezoning to the CP Commercial Pedestrian Zoning District; and WHEREAS, this Council of the City of San Jose has considered and approves the information contained in the FEIR and related City Council Resolution No. 76041, the Supplemental EIR and related City Council Resolution No. 77617, and the determination of consistency therewith prior to acting upon or approving the subject rezoning; NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SAN JOSE: SECTION 1. The recitals above are incorporated herein. SECTION 2. All that real property hereinafter described in this section, hereinafter referred to as "subject property," is hereby rezoned as CP Commercial Pedestrian Zoning District. The subject property referred to in this section is all that real property situated in the County of Santa Clara, State of California, described in Exhibit "A" attached hereto and incorporated herein by this reference. SECTION 3. The district map of the City is hereby amended accordingly. SECTION 4. The land development approval that is the subject of City is subject to the operation of Part 2.75 of Chapter 15.12 of Title 15 of the San Jose Municipal Code. The applicant for or recipient of such land use approval hereby acknowledges receipt of notice that the issuance of a building permit to implement such land development approval may be suspended, conditioned or denied where the City Manager has determined that such action is necessary to remain within the aggregate operational capacity of the sanitary sewer system available to the City of San Jose or to meet the discharge standards of the sanitary sewer system imposed by the California Regional Water Quality Control Board for the San Francisco Bay Region. 2 T-31000 / 1289187.doc Council Agenda: Item No.: DRAFT - Contact the Office of the City Clerk at (418)535-1260 or CityClerk@sanjoseca.gov for final document.
RD:SSL:JMD 02/22/2016 PASSED FOR PUBLICATION of title this day of, 2016 by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: ATTEST: SAM LICCARDO Mayor TONI J. TABER, CMC City Clerk 3 T-31000/ 1289187.doc Council Agenda: Item No.: DRAFT - Contact the Office of the City Clerk at (418)535-1260 or CityClerk@sanjoseca.gov for final document.