COUNCIL AGENDA:
FILE:
04/12/22
22-487
ITEM: 10.1 (a)
CITY COUNCIL STAFF REPORT
File Nos. C21-043, C21-044, C21-045, C21-047, C21-048
Location 298 parcels at various locations in Council District
1. Existing Zoning Commercial Pedestrian (CP), Commercial Office (CO), Commercial Neighborhood (CN), R-M, R-1-
8, R-2, R-1-2, R-1-5, Agriculture (A)
Proposed Zoning Mixed Use Neighborhood (MUN), Open Space (OS), Public/Quasi-Public (PQP), R-1-8, Urban
Residential (UR).
CEQA: Determination of Consistency with the Envision San José 2040 General Plan EIR (Resolution No. 76041)
and the Envision San José General Plan Supplemental
EIR (Resolution No. 77617), and Addenda thereto.
RECOMMENDATION:
Staff recommends that the City Council:
1. Consider the Determination of Consistency with the Envision San José 2040 General Plan EIR (Resolution No. 76041) and the Envision San José General Plan Supplemental EIR (Resolution No. 77617) and Addenda thereto
.
2. Approve an ordinance rezoning 115 properties from R-M to Urban Residential (UR), 87 properties from R-M to Mixed Use Neighborhood (MUN), 41 properties from R-1-8 to Open Space (OS), 23 properties from R-M to Open Space (OS), eight properties from R-2 to Urban Residential (UR), five properties from Commercial Office (CO) to Open Space (OS), four properties from Commercial Pedestrian (CP) to Open Space (OS), four properties from R-1-8 to Public/Quasi-Public (PQP), three properties from Commercial Office (CO) to R-1-8, two properties from Commercial Neighborhood (CN) to R-1-8, one property from R-1-2 to Mixed Use Neighborhood (MUN), one property from R-2 to Open Space (OS), one property from R-1- 5 to Open Space (OS), one property from R-1-2 to Public/Quasi-Public (PQP), one property from Agricultural (A) to R-1-8, and one property from Commercial Pedestrian (CP) to Urban Residential (UR), located in various locations in Council District 1.
__________________________________________________________________________ __
HONORABLE MAYOR AND CITY COUNCIL
April 1, 2022
Subject: File Nos. C21-043, C21-044, C21-045, C21-047, and C21-048
City-initiated Conforming Rezoning to rezone a total of 298 properties. The 298 properties would be rezoned as follows: 115 properties from R-M to Urban Residential (UR), 87 properties from R- M to Mixed Use Neighborhood (MUN), 41 properties from R-1-8 to Open Space (OS), 23 properties from R-M to Open Space (OS), eight properties from R-2 to Urban Residential (UR), five properties from Commercial Office (CO) to Open Space (OS), four properties from Commercial Pedestrian (CP) to Open Space (OS), four properties from R-1-8 to Public/Quasi- Public (PQP), three properties from Commercial Office (CO) to R-1-8, two properties from Commercial Neighborhood (CN) to R-1-8, one property from R-1-2 to Mixed Use Neighborhood (MUN), one property from R-2 to Open Space (OS), one property from R-1-5 to Open Space (OS), one property from R-1-2 to Public/Quasi-Public (PQP), one property from Agricultural (A) to R-1- 8, and one property from Commercial Pedestrian (CP) to Urban Residential (UR), located in various locations in Council District 1. The specific locations of the parcels to be rezoned are specified in the proposed rezoning ordinance.
Background
Government Code section 65860 (amended in 2018 by Senate Bill 1333) requires charter cities such as San José to make zoning consistent with the General Plan land use designation. To comply with State law and streamline the development review process for projects consistent with the General Plan, staff has been working on a multiyear effort to bring the zoning district map into conformance with the Envision San José 2040 General Plan land use designation for properties in the city. The first phase of this work (Phase 1(a)) was approved by the City Council in June 2019, to begin the process to align the zoning with the General Plan designation, including changes to permitting requirements in the Zoning Ordinance across all zoning districts.
Phase 1(b) was approved by the City Council in June 2021 and created six new urban village and mixed-use zoning districts to support areas that are planned for mixed-use development and high-density residential or commercial uses. Phase II entails City-initiated rezoning of properties citywide where the properties’ zoning is inconsistent with its General Plan land use designation.
Rezoning properties to make zoning consistent with the General Plan represents the final phase of work to bring the Zoning District Map into conformance with the General Plan. As part of this phase of work, the rezoning of 62 properties was approved by the City Council on August 31, 2021. At this time, staff is proposing the rezoning of 298 properties to make consistent their designated zoning with their General Plan land use designation. The proposed 298 properties are
GENERAL PLAN CONSISTENCY
General Plan Designation Mixed Use Neighborhood (MUN), Open Space, Parklands and Habitat (OSPH), Public/Quasi-Public
(PQP), Residential Neighborhood (RN), Urban
Residential (UR)
Consistent Inconsistent
Consistent Policies Implementation Policies IP-1.7, IP-8.2, IP-8.3
PROJECT DESCRIPTION
PROJECT DATA
HONORABLE MAYOR AND CITY COUNCIL
April 1, 2022
Subject: File Nos. C21-043, C21-044, C21-045, C21-047, and C21-048
located throughout Council District 1, as indicated on the draft Ordinance and shown on the maps.
ANALYSIS
The proposed project was analyzed for conformance with the following:
1) Envision San José 2040 General Plan
2) Zoning Ordinance
3) Senate Bill 330
4) Senate Bill 1333
5) California Environmental Quality Act (CEQA)
Envision San José 2040 General Plan Conformance
The subject sites have an Envision San José 2040 General Plan Land Use/Transportation Diagram land use designations of Mixed-Use Neighborhood (MUN), Open Space, Parklands and Habitat (OSPH), Public/Quasi-Public (PQP), Residential Neighborhood (RN), and Urban Residential (UR). (see Exhibit A to the draft ordinance)
Mixed-Use Neighborhood (MUN): This category is applied to the area as intended for development primarily with either townhouse or small lot single-family residences and to existing neighborhoods that were historically developed with a wide variety of housing types, including a mix of residential densities and forms. This designation supports commercial or mixed-use development integrated within the Mixed-Use Neighborhood area. Hospitals and other healthcare facilities may potentially be located within Mixed Use Neighborhood areas provided that any potential land use impacts can be mitigated. This designation may also be appropriate for areas in close proximity to urban amenities (such as transit stations), but that is not within a proposed Urban Village area. Development within this designation should occur through the use of standard Zoning Districts which specify the minimum lot size. Development at higher ends of the density range will typically require larger lot sizes (or a combination of existing lots) and must still meet Community Design Policies in the Envision General Plan and applicable design guidelines. The allowable density/intensity for mixed-use development will be determined using an allowable Floor Area Ratio (FAR) (0.25 to 2.0) rather than Dwelling Units per Acre (DU/ AC) to better address the urban form and to potentially allow fewer units per acre if in combination with other non-residential uses such as commercial or office.
Open Space, Parklands, and Habitat (OSPH): These lands can be publicly or privately-owned areas that are intended for low-intensity uses. Lands in this designation are typically devoted to open space, parks, recreation areas, trails, habitat buffers, nature preserves, and other permanent open space areas. This designation is applied within the Urban Growth Boundary to lands that are owned by nonprofits or public agencies that intend their permanent use as open space, including lands adjacent to various creeks throughout the City. This designation is also applied outside of the Urban Growth Boundary to the bay lands located within Alviso. New development on lands within this designation should be limited to minimize potential environmental and visual impacts for properties located outside of the Greenline / Urban Growth Boundary and should avoid the use of non-native, irrigated vegetation or development of new structures that would alter the environmental and visual quality of native habitat areas. Development of public
HONORABLE MAYOR AND CITY COUNCIL
April 1, 2022
Subject: File Nos. C21-043, C21-044, C21-045, C21-047, and C21-048
facilities such as restrooms, playgrounds, educational/visitors’ centers, or parking areas can be an inherent part of the City or County park properties and are appropriate for Open Space, Parklands and Habitat properties both within and outside of the Greenline / Urban Growth Boundary, but in the latter case should be sensitively located to minimize potential environmental and visual impacts. Within the Greenline / Urban Growth Boundary, community centers, public golf courses, and other amenities open to the public would also be allowed within publicly owned properties in this designation. Privately-owned lands in this designation are to be used for low-intensity, open space activities. Appropriate uses for privately-owned lands in this category include cemeteries, salt ponds, and private buffer lands such as riparian setbacks.
Where appropriate and where it has not otherwise been identified for use as open space (through a zoning, for instance), privately owned land in this designation may be considered for low- intensity agricultural uses provided that such uses do not involve the addition of buildings or other structures or use of irrigation on significant portions of the site.
Public/Quasi-Public (PQP): This category is used to designate public land uses, including schools, colleges, corporation yards, homeless shelters, supportive housing for the homeless, libraries, fire stations, water treatment facilities, convention centers and auditoriums, museums, governmental offices, and airports. Joint development projects which include public and private participation - such as a jointly administered public/private research institute or an integrated convention center/hotel/restaurant complex - are allowed. 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. Private community gathering facilities, including those used for religious assembly or other comparable assembly activity, are also appropriate on lands with this designation. The appropriate intensity of development can vary considerably depending on potential impacts on surrounding uses and the particular Public/Quasi-Public use developed on the site.
Residential Neighborhood (RN): This designation is applied broadly throughout the City to encompass most of the established, single-family residential neighborhoods, including both the suburban and traditional residential neighborhood areas which comprise the majority of its developed land. The intent of this designation is to preserve the existing character of these neighborhoods and to strictly limit new development to infill projects which closely conform to the prevailing existing neighborhood character as defined by density, lot size and shape, massing, and neighborhood form and pattern. New infill development should improve and/or enhance existing neighborhood conditions by completing the existing neighborhood pattern and bringing infill properties into general conformance with the quality and character of the surrounding neighborhood. New infill development should be integrated into the existing neighborhood pattern, continuing and, where applicable, extending or completing the existing street network.
The average lot size, orientation, and form of new structures for any new infill development must therefore generally 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.
Urban Residential (UR):
This designation allows for medium density residential development and a fairly broad range of commercial uses, including retail, offices, hospitals, and private community gathering facilities, within identified Urban Villages, in other areas within the City
HONORABLE MAYOR AND CITY COUNCIL
April 1, 2022
Subject: File Nos. C21-043, C21-044, C21-045, C21-047, and C21-048
that have existing residential development built at this density, within Specific Plan areas, or in areas in close proximity to an Urban Village or transit facility where intensification will support those facilities. Any new residential development at this density should be in Growth Areas or, on a very limited basis, as infill development within areas with characteristics similar to the Urban Village areas (generally developed at high-density and in proximity to transit, jobs, amenities, and other services). The allowable density for this designation is further defined within the applicable Zoning Ordinance designation and may also be addressed within an Urban Village Plan or other policy document. This designation is also used to identify portions of Urban Village areas where the density of new development should be limited to medium intensity in order to provide for a gradual transition between surrounding low-density neighborhoods and other areas within the Urban Village suitable for greater intensification. The allowable density/intensity for mixed-use development will be determined using an allowable FAR (1.0 to 4.0) to better address the urban form and potentially allow fewer units per acre if in combination with other uses such as commercial or office. Developments in this designation would typically be three to four stories of residential or commercial uses over parking.
The proposed conforming rezoning is consistent with the following General Plan policies:
1. Implementation Policy IP-1.7: Ensure that proposals to rezone and rezone properties conform to the Land Use/Transportation Diagram, and advance Envision General Plan vision, goals, and policies.
2. 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.
3. Implementation Policy IP-8.3 – Zoning: For the review of privately or publicly initiated rezoning applications, consider the appropriateness of the proposed zoning district in terms of how it will further the Envision General Plan goals and policies as follows:
a. Align with the Envision General Plan Land Use/Transportation Diagram. b. Retain or expand existing employment capacity.
c. Preserve existing retail activity.
d. Avoid adverse land use incompatibilities.
e. Implement the Envision General Plan goals and policies including those for Urban Design.
f. Support higher density land uses consistent with the City’s transition to a more urban environment.
g. Facilitate the intensification of Villages and other growth areas consistent with the goal of creating walkable, mixed-use communities
h. Address height limits, setbacks, land use interfaces, and other design standards to provide for the intensification of land uses adjacent to already developed areas.
HONORABLE MAYOR AND CITY COUNCIL
April 1, 2022
Subject: File Nos. C21-043, C21-044, C21-045, C21-047, and C21-048
Analysis: The conforming General Plan land use designations for the proposed sites include, MUN, OS , PQP, RN, and UR; therefore, staff proposes a Conforming Rezoning of the properties from the R-M to UR, R-1-8 to OS, R-M to MUN, R-M to OS, CO to OS, CP to OS, R-1-8 to PQP, CO to R-1-8, CN to R-1-8, R-1-2 to MUN, R-2 to OS, 1 R-1-5 to OS, R-1- 2 to PQP, A to R-18, and from CP to UR. This would correspond to the existing Envision General Plan land use designations for the subject sites. The proposed rezoning would allow future development consistent with the sites’ General Plan land use designations.
Zoning Ordinance Conformance
The proposed rezoning conforms with Table 20-270 in Section 20.120.110 of the San José Municipal Code, which identifies the CN, CO, CP, R-1-2, R-1-5, R-1-8, R-2, A, and R-M Zoning District as a conforming district to the respective MUN, OS, PQP, R-1-8 and UR General Plan land use designations. (see Exhibit A-1 to the draft ordinance)
The proposed rezoning would allow the properties to be used and developed in accordance with the allowable uses in Title 20 of the San José Municipal Code.
Senate Bill 330 Compliance
The Housing Crisis Act of 2019
(SB 330) limits the manner in which local governments may reduce the capacity for residential units that can be built on properties that allow housing, including actions such as down-zoning, changing general or specific plan land use designations to less intensive use, reductions in height, density or floor area ratio, or other types of increased requirements. An exception to this is that a property may be allowed to reduce the intensity of residential uses if changes in land use designations or zoning elsewhere ensure “no net loss” (down-zoning) in residential capacity within the jurisdiction. Additionally, SB 940 authorizes the City of San José to proactively change a zoning to a more intensive use (up-zoning) and to use the added capacity to subsequently change the zoning to a less intensive use.
Approval of File Nos. C21-043, C21-044, C21-045, C21-047, and C21-048 would not result in a decrease of residential capacity. Among the proposed properties, 160 properties would have a total of 4,953 down-zoned units, 23 properties would have a total of 5,281 up-zoned units and 115 properties would not have any change. Thus, the proposed rezoning would not have any decrease in the units, moreover, it would have an increase of a total of 328 units, which complies with SB 330 and SB 940.
Senate Bill 1333 Compliance
Government Code section 65860 (amended in 2018 by Senate Bill 1333) requires charter cities such as San José to make zoning consistent with the General Plan land use designation. To comply with State law and streamline the development review process for projects consistent with the General Plan, staff has been working on a multiyear effort to bring the Zoning District Map into conformance with the Envision San José 2040 General Plan land use designation for properties in the city. The first phase of this work (Phase 1(a)) was approved by the City Council in June 2019, to begin the process to align the zoning with the General Plan designation, including changes to permitting requirements in the Zoning Ordinance across all zoning districts.
Phase 1(b) was approved by the City Council in June 2021 and created six new urban village and mixed-use zoning districts to support areas that are planned for mixed-use development and
HONORABLE MAYOR AND CITY COUNCIL
April 1, 2022
Subject: File Nos. C21-043, C21-044, C21-045, C21-047, and C21-048
high-density residential or commercial uses. Phase II entails City-initiated rezoning of properties citywide where the properties’ zoning is not aligned with its General Plan land use designation.
Rezoning properties to make zoning consistent with the General Plan represents the final phase of work to bring the Zoning District Map into conformance with the General Plan. As part of this phase of work, the rezoning of 62 properties was approved by the City Council on August 31, 2021. At this time, staff is proposing the rezoning of 298 properties to make consistent their designated zoning with their General Plan land use designation. The proposed 298 properties are located throughout Council District 1, as indicated on the draft ordinance and shown on the maps.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
Pursuant to Section 15168(c)(2) of the CEQA Guidelines, the City of San José has determined that the proposed project is pursuant to, in furtherance of, and within the scope of the Envision San José 2040 General Plan program, the impacts of which were analyzed and disclosed in the Final Environmental Impact Report for the Envision San José 2040 General Plan (FEIR), for which findings were adopted by City Council Resolution No. 76041 on November 1, 2011, and Supplemental Environmental Impact Report (SEIR) adopted by City Council Resolution No. 77617 on December 15, 2015, and addenda thereto. The FEIR, SEIR, and Addenda were prepared for the comprehensive update and revision of all elements of the City of San José General Plan, including an extension of the planning timeframe to the year 2040.
No new or more significant environmental impacts beyond those identified in the FEIR, SEIR, and Addenda have been identified, nor have any new mitigation measures or alternatives that are considerably different from those analyzed in the FPEIR, SIER, and Addenda been identified.
CONCLUSION
The proposed Conforming Rezoning of 298 properties, in which 115 Properties from R-M to Urban Residential (UR), 87 properties from R-M to Mixed Use Neighborhood (MUN), 41 properties from R-1-8 to Open Space (OS), 23 properties from R-M to Open Space (OS), eight properties from R-2 to Urban Residential (UR), five properties from Commercial Office (CO) to Open Space (OS), four properties from Commercial Pedestrian (CP) to Open Space (OS), four properties from R-1-8 to Public/Quasi-Public (PQP), three properties from Commercial Office (CO) to R-1-8, two properties from Commercial Neighborhood (CN) to R-1-8, one property from R-1-2 to Mixed Use Neighborhood (MUN), one property from R-2 to Open Space (OS), one property from R-1-5 to Open Space (OS), one property from R-1-2 to Public/Quasi-Public (PQP), one property from Agricultural (A) to R-1-8, and one property from Commercial Pedestrian (CP) is consistent with General Plan policies IP-1.7, IP-8.2, and IP-8.3. The rezoning also conforms to the General Plan Land Use designation of MUN, UR, OS, PQP, and R-1-8, and would streamline proposed projects consistent with the General Plan on the subject properties.
HONORABLE MAYOR AND CITY COUNCIL
April 1, 2022
Subject: File Nos. C21-043, C21-044, C21-045, C21-047, and C21-048
CLIMATE SMART SAN JOSE
The recommendation in this staff report has no effect on Climate Smart San José energy, water, or mobility goals.
PUBLIC HEARING NOTIFICATION
Staff followed Council Policy 6-30: Public Outreach Policy. Planning staff distributed rezoning notices to the property owners and tenants for File Nos. C21-043, C21-044, C21-045, C21-047, and C21-048 on February 7, 2022, to provide information on the proposed Conforming Rezoning. Staff has been available to answer any questions from property owners and tenants.
Staff included their contact information on the notice to answer any questions that property owners and tenants may have. Staff also included the Rezoning and General Plan Alignment website to assist property owners and tenants with the process and where they can view frequently asked questions.
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. Staff received one email from a member of the public inquiring about the rezoning.
/s/
Chris Burton, Director
Planning, Building and Code Enforcement
For questions, please contact Michael Brilliot, Deputy Director, at (408) 535-7831 or [email protected].