CITY COUNCIL STAFF REPORT

Similar documents
RESOLUTION NO. WHEREAS, the Planning Commission of the City certified said General Plan Update FPEIR, which certification was not appealed; and

AGENDA ITEM NO. 17. Interim City Manager: Arnold Shadbehr Dir. Of Planning: Brian James

ORDINANCE NO

that the Town Board of the Town of East Greenbush will hold a public hearing on April 11,

SAN RAFAEL CITY COUNCIL AGENDA REPORT

COUNTY OF RIVERSIDE PLANNING DEPARTMENT STAFF REPORT

RESOLUTION NO. WHEREAS, the City of Riverdale (the City ) has a planning commission and has adopted a general plan pursuant to applicable law; and

Glenborough at Easton Land Use Master Plan

SUBJECT: SEE BELOW DATE: January 7, 2016 TRANSMITTAL

September 25th, 2018 $2000 fee pd CC

STAFF REPORT TO THE CITY COUNCIL. Conduct Public Hearing to vacate certain public right of way adjacent to Sycamore Avenue and San Pablo Avenue

SAN FRANCISCO MUNICIPAL TRANSPORTATION AGENCY

EAST LAKE TARPON COMMUNITY OVERLAY

Staff Report and Recommendation

On May 11, 2016, the Planning Commission voted (Commissioner Bit-Badal opposed) to recommend that the City Council:

CITY OF ALAMEDA PLANNING BOARD Draft RESOLUTION

REZONING GUIDE. Zone Map Amendment (Rezoning) - Application. Rezoning Application Page 1 of 3. Return completed form to

Memorandum. 5"f(* ((b SAN IPSE TO: HONORABLE MAYOR AND CITY COUNCIL. FROM: Harry Freitas SUBJECT: SEE BELOW. DATE: May 5, 2016 COUNCIL DISTRICT: 3

ARLINGTON COUNTY, VIRGINIA

Planning Commission Staff Report March 15, 2007

CITY PLANNING COMMISSION AGENDA. ITEM NO(s): C.1 C.3 STAFF: STEVE TUCK

RD:VMT:JMD 10/14/2015 RESOLUTION NO.

Planning Commission Staff Report June 5, 2008

AWH REPORT OF THE PLANNING AND DEVELOPMENT DEPARTMENT FOR APPLICATION FOR REZONING ORDINANCE TO PLANNED UNIT DEVELOPMENT

Rezoning Petition Pre-Hearing Staff Analysis September 17, 2018

NOTICE OF PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT AND SCOPING MEETING FOR THE LAND PARK COMMERCIAL CENTER PROJECT

SUBJECT: ZONE CHANGE TO DESIGNATE A LANDMARK DISTRICT OVERLAY FOR THE CRAWFORDS VISTA LANDMARK DISTRICT

ARTICLE VII OVERLAY DISTRICTS AND AREAS

Prepared by: Casey Kempenaar, Senior Planner

Notice of Preparation and Notice of Public Scoping Meeting. At Dublin Project

AMENDED AND RESTATED DEVELOPMENT PLAN FOR THE SPORTS FACILITY PROJECT WITHIN PLANNED DEVELOPMENT AREA NO. 87 BOSTON LANDING

Planning Division Transmittal

LOS ANGELES CITY PLANNING DEPARTMENT STAFF REPORT

Department of Community Development. Planning and Environmental Review Division Revised Notice of Preparation

CITY PLANNING COMMISSION AGENDA

CITY OF DEERFIELD BEACH Request for City Commission Agenda

Design Review Commission Report

SAN RAFAEL GENERAL PLAN 2040 INTRODUCTION AND OVERVIEW

COLVER ROAD INDUSTRIAL CONCEPT PLAN

San Jose. Memorandum. s lulls, FROM: Kim Walesh Rosalynn Hughey TO: HONORABLE MAYOR AND CITY COUNCIL

CONSENT CALENDAR CITY PLANNING COMMISSION AGENDA ITEM: A.1-A.3 STAFF: STEVE TUCK

ENVIRONMENTAL INITIAL STUDY BERKELEY CITYWIDE POOLS MASTER PLAN

ARLINGTON COUNTY, VIRGINIA

The maximum amounts shown in the Engineer s Report for each of those categories for FY 2008/09 are as follows (per house/per year):

E O L A F I V E. Location Map SUMMARY G M P Z O N I T E M S # 1 A. & B.

COUNTY OF SACRAMENTO CALIFORNIA PLANNING COMMISSION REPORT

4 January 11, 2012 Public Hearing APPLICANT:

New land uses or changes to existing land uses in the Phase 1 area since certification of the FEIR and SEIR-1 are discussed below for each city.

Executive Summary General Plan Amendment Initiation

Residential Commons at Barry s Corner. Boston civic design commission February 5, 2013

A RESOLUTION SETTING FORTH CATS S COMMITTMENT TO COMPLETE STREETS

M E M O R A N D U M November 9, 2018

ARLINGTON COUNTY, VIRGINIA

CONSENT CALENDAR CITY PLANNING COMMISSION AGENDA ITEM NO: A.1, A.2 STAFF: LARRY LARSEN

REPORT TO COUNCIL City of Sacramento

- INVITATION - COURTESY INFORMATIONAL MEETING

AGENDA 07/14/11 PLANNING COMMISSION Meeting

CHAIR AND MEMBERS PLANNING & ENVIRONMENT COMMITTEE GEORGE KOTSIFAS MANAGING DIRECTOR, DEVELOPMENT & COMPLIANCE SERVICES & CHIEF BUILDING OFFICIAL

1. Request: The subject application requests the construction of a single-family home in the R-R Zone.

COMMUNITY DEVELOPMENT SERVICES PLANNING AND BUILDING DEPARTMENT PLACERVILLE OFFICE:

WHEREAS, after consideration of the evidence presented at the public hearing on January 14, 2010, the Prince George's County Planning Board finds:

EXHIBIT A. Tax Increment Reinvestment Zone No. 1 (Town Center) First Amended Project Plan 1

THE CORPORATION OF THE TOWN OF OAKVILLE BY-LAW NUMBER

CITY PLANNING COMMISSION AGENDA. ITEM NO: 6.a 6.b STAFF: LONNA THELEN


BILL NO ORDINANCE NO. 5238

Project phasing plan (if applicable) 12 copies of site plan

12 January 12, 2011 Public Hearing APPLICANT: TAILWIND DEVELOPMENT GROUP,LLC PROPERTY OWNER: CITY OF VIRGINIA BEACH

Preserve the Flower and Strawberry Fields and Save Carlsbad Taxpayers* Money

RESOLUTION NO. R Refining the route, profile and stations for the Downtown Redmond Link Extension

California Environmental Quality Act (CEQA) Environmental Review Process

Staff Report to the North Ogden City Planning Commission

MEMORANDUM. DATE: March 15, Chairman and Members Community Redevelopment Agency. Leif J. Ahnell, C.P.A., C.G.F.O. Executive Director

MINUTES OF THE TOWN COUNCIL MEETING SEPTEMBER 1, 2016

Sewanee Village + Request for Builder/Developer Proposals

Architectural Review Board Report

Gold Line Bus Rapid Transit Transit Oriented Development (BRTOD) Helmo Station Area Plan

Agenda Item # 1. Meeting Date September 21, Prepared By. Approved By

III. PROJECT DESCRIPTION

TREASURE COAST REGIONAL PLANNING COUNCIL M E M O R A N D U M. To: Council Members AGENDA ITEM 3I

MEMORANDUM HONORABLE MAYOR AND CITY COUNCIL MEMBERS. SHERI REPP LOADSMAN, DEPUTY CITY MANAGER/ PLANNING & BUILDING DIRECTOR /s/

Town of Castle Rock DRCOG 2013 Annual Growth and Development Report. Introduction. Section 1 Metro Vision 2035

M E M O R A N D U M SITE DATA

DESIGN REVIEW COMMITTEE AGENDA ITEM

CITY OF SIMI VALLEY MEMORANDUM

Approved: CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION WEDNESDAY, AUGUST 5, :30 P.M. - ARDEN HILLS CITY HALL

CITY OF LOMPOC PLANNING COMMISSION STAFF REPORT

Planning Districts INTRODUCTION

Request Conditional Rezoning (R-15 Residential to Conditional A-24 Apartment) Staff Recommendation Approval. Staff Planner Jimmy McNamara

RECOMMENDATION REPORT

- INVITATION - COURTESY INFORMATIONAL MEETING

DESIGN REVIEW COMMITTEE AGENDA ITEM

Future Five. Design/ Development Guidelines. January 2008 Amended June 08 per City Council motion

SPECIFIC PLAN Requirements

Planning Commission Staff Report February 19, 2009

Request Modification of Conditions of a Conditional Use Permit approved October 14, Staff Recommendation Approval. Staff Planner Stephen White

Hudson Group North America LLC

EXECUTIVE SUMMARY DRAFT CHAPTER 1 INTRODUCTION EXECUTIVE SUMMARY

ANTONIO R. VILLARAIGOSA MAYOR. Transmitted herewith, is the City Engineer's report dated September 28, 2006 for Council review and approval of:

CITY PLANNING COMMISSION AGENDA ITEMS: C.1, C.2 STAFF: MEGGAN HERINGTON FILE NO(S): CPC PUZ QUASI-JUDICIAL CPC PUD QUASI-JUDICIAL

Transcription:

COUNCIL AGENDA: 04/11/17 ITEM: W\0^ CITY OF e: :SS SAN JOSE CAPITAL OF SILICON VALLEY CITY COUNCIL STAFF REPORT File No. C16-030 Applicant: Alex Rubashevsky Location Northwest corner of Oakland Road and Berryessa Road (920 Oakland Road) Existing Zoning LI Light Industrial Proposed Zoning CP Commercial Pedestrian Council District 3 Historic Resource No Annexation Date: January 2,1942 CEQA: Determination of Consistency with the Envision San Jose 2040 General Plan Final Program Environmental Impact Report (Resolution No. 76041) and the Envision San Jose 2040 General Plan Supplemental Environmental Impact Report (Resolution No. 77617) APPLICATION SUMMARY: Conforming Rezoning from the LI Light Industrial Zoning District to the CP Commercial Pedestrian Zoning District on a 0.07-gross acre site. RECOMMENDATION: Staff recommends that the City Council consider the Determination of Consistency with the Envision San Jose 2040 General Plan Final Program Environmental Impact Report (Resolution No.76041), and the Envision San Jose 2040 General Plan Final Supplemental Environmental Impact Report (Resolution No.77617), and approve the proposed Conforming Rezoning from the LI Light Industrial Zoning District to the CP Commercial Pedestrian Zoning District. PROJECT DATA GENERAL PLAN CONSISTENCY General Plan Designation Neighborhood/Community Commercial X Consistent O Inconsistent Consistent Policies 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 Urban Residential A(PD) Planned Development Residential Development

Subject: File No. C16-030 Page 2 South Neighborhood/Community Commercial LI Light Industrial East Residential Neighborhood A(PD) Planned Development West Neighborhood/Community LI Light Industrial Commercial Mixed Use, commercial/residential Residential Development Industrial office RELATED APPROVALS Date Action 01/2/1942 Site annexed from County of Santa Clara into the City of San Jose (Orchard No.2) 12/19/03 File No. AD03-1251: Permit, adjustment for exterior modifications to include replacing existing windows and doors and new fabric awnings Pending File No. H17-014: Site Development Permit for exterior modifications to an existing legal non-conforming building PROJECT DESCRIPTION On June 22, 2016, the applicant applied for a Conforming Rezoning from the LI Light Industrial Zoning District to the CP Commercial Pedestrian Zoning District of the 0.07-gross acre site. The proposed CP zoning will allow a range of pedestrian-oriented commercial uses to serve the surrounding area, and the applicant has submitted a Site Development Permit application to allow the development of a mix of commercial uses within the existing legal non-conforming building on the site. Proposed uses include retail or a restaurant on the ground floor and offices on the second floor. The Site Development Permit application would also allow exterior modifications to the existing building to make it more attractive and accessible for pedestrianoriented uses. Site Description and Surrounding Uses The subject site is a legal non-conforming lot (i.e., less than the required minimum lot size of 10,000 square feet) located on the southwest corner of Old Oakland Road and Berryessa Road, at 920 Oakland Road (see Figure 1).

Subject: File No. C16-030 Page 3 Figure 1: Project Site The subject site has an existing two-story building (approximately 4,000 square feet) which is currently vacant, but was historically used as a bar (Rock Castle Tavern) with a residential apartment on the second floor. The site is surrounded by multi-family residential development beyond Berryessa Road to the north, two-family and single-family residential development to the east, mixed-use commercial to the south, and industrial office uses beyond Old Oakland Road to the west. ANALYSIS The proposed Conforming Rezoning was analyzed for consistency 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 Neighborhood/Community Commercial on the Envision San Jose 2040 General Plan Land Use/Transportation Diagram (see Figure 2). This designation supports a very broad range of commercial activity, including commercial uses that serve the communities in neighboring areas, such as neighborhood serving retail and services and commercial/professional office development. Neighborhood/Community Commercial areas should promote walking, transit use and public interaction. The proposed rezoning will allow redevelopment of the site with a mix of commercial uses that would improve the area and provide services and businesses to serve the nearby residential community.

Subject: File No. C16-030 Page 4 This conforming rezoning is consistent with the following General Plan policies: 1. Implementation Policy IP-1.6: Ensure that proposals to rezone and pre-zone properties conform to the Land Use/Transportation Diagram and advance Envision General Plan vision, goals, and policies. Analysis: The proposed conforming rezoning would allow a mix of commercial uses in an existing vacant building. The mix of commercial uses would help activate the street corner at Oakland Road and Berryessa Road and provide services to nearby residents. Active ground floor uses, such as retail and restaurants, would be appropriate at this location and would encourage pedestrian activity along the street, consistent with the General Plan. 2. 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 cannot be implemented through standard Zoning Districts, or to sites with unusual physical characteristics that require special consideration due to those constraints. Analysis: The proposed CP Commercial Pedestrian Zoning District conforms to the General Plan designation of Neighborhood/Community Commercial for this area. CP Commercial Pedestrian zoning at this site would promote a consistent development pattern and allow commercial uses such as office, retail and restaurant uses in a vacant building. 3. 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

Subject: File No. C16-030 Page 5 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: The proposed rezoning to the CP Commercial Pedestrian Zoning District conforms to the existing General Plan Land Use/Transportation Diagram designation of Neighborhood/Community Commercial for the subject site. The existing LI Light Industrial Zoning District allows industrial uses that would be incompatible with the existing residential development adjacent to the subject site. The proposed CP Commercial Pedestrian Zoning District would allow a range of land uses at an appropriate scale for this location. Zoning Ordinance Conformance The current zoning at the subject site is LI Light Industrial Zoning District which does not conform to the General Plan designation of Neighborhood/Community Commercial (see Figure 3). The retail, restaurant, outdoor dining and office uses would not be supported by the existing LI Light Industrial Zoning District. The proposed rezoning is consistent with the General Plan policies and the current General plan designation of Neighborhood/Community Commercial, and would support redevelopment of an existing vacant building. Rezoning the subject site from LI Light Industrial Zoning District to CP Commercial Pedestrian Zoning District would allow a greater variety of permitted, special and conditional land uses to be considered for development. Figure 3: Zoning District Map

Subject: File No. CI6-030 Page 6 CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) The proposed Conforming Rezoning will change the current LI Light Industrial Zoning District to CP Commercial Pedestrian Zoning District on a 0.07-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 the Envision San Jose 2040 General Plan 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 15168(c)(2) 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 Final Program Environmental Impact Report (FPEIR). Findings for the FPEIR were adopted by City Council Resolution No. 76041 on November 1, 2011, and the Supplemental EIR adopted by City Council Resolution No. 77617 on December 15, 2015. 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 2040. The proposed rezoning does not involve new significant effects beyond those analyzed in the FPEIR and SEIR. PUBLIC HEARING NOTIFICATION 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/ Harry Freitas, Director of Planning, Building and Code Enforcement For questions, please contact Planning Official, Steve McHarris, at (408)535-7819 Attachment: Legal Description

LEGAL DESCRIPTION EXHIBIT 'A' The land referred to herein below is situated in the City of San Jose, County of Santa Clara, State of California and is described as follows: Portion of Lot 3, Block 12, West, Map of Vestal's Subdivision in the City of San Jose, filed on September 23, 1903, in Map Book "F-3", Page 39, Santa Clara County Records, described as follows: Beginning at the point of intersection of the southerly line of Berryessa Road with the easterly line of Milpitas Road, and thence along the easterly line of Milpitas Road, southerly 45.22 feet; thence parallel with the northerly line of Rose Street; easterly 102.25 feet; thence at right angles northerly 59.92 feet to the southerly line of Berryessa Road; and thence along said southerly line of Berryessa Road, westerly 86.06 feet to the point of beginning. Excepting therefrom so much thereof as conveyed to the State of California, for highway purposes, by deed dated April 1, 1931, as follows: Commencing at the most southerly corner of said Lot 3, distant North 59 14' East 41.90 feet from Station "B" 379/55.51 P.O.T, on the centerline of the survey for the relocation of the state highway between Coyote Creek and San Jose, know as Road IV Santa Clara County, Route 5, Section A; thence from said point of commencement along the southeasterly line of said Lot, North 59 14' East 29.11 feet to a point on a line parallel with and 65 feet easterly at right angles from the centerline of said survey; thence along said parallel line, North 7 01' 30" West 53.28 feet to a point on the southerly line of Berryessa Road, being the northwesterly line of said Lot; thence along said lot line South 46 48' West 33.02 feet to the most westerly corner thereof; thence along the westerly line of said lot, being the easterly line of Milpitas Road, South 7 02' East 45.51 feet to the point of commencement. END OF DESCRIPTION This description was copied from the EXHIBIT "A" Legal Description portion of the Grant Deed from KST Partners LLC A California Limited Liability Company to Vladimir Rubashevsky and Galina Rubashevsky, husband and wife as community property with right of survivorship, recorded on March 23, 2016 as Document No. 23253343 of Official Records, Santa Clara County records. Kristina D. Comerer, PLS 6766

EXISTING ZONING: LIGHT INDUSTRIAL PROPOSED ZONING: COMMERCIAL PEDESTRIAN,^SS N HO ^ BOUNDARY PLAT APN 249-12-016 920 OAKLAND ROAD SAN JOSE. CAUFORNIA 50' SCALE: 1" = 40' LJ p uj 00 ct: i CO 1_U CO LJ en CL ^ 5 CK ] O - O o LEGEND E. HEDDING STREET (FORMERLY ROSA STREET) EXISTING BOUNDARY LINE FORMER LOT LINE o oo DATF: Tcfe. la^to 1" = 40' CROSS LAND SURVEYING. INC. 2210 MT. PLEASANT ROAD SAN JOSE. CA 95148 (408) 274-7994