COUNCIL AGENDA:
FILE:
06/07/22
22-853
ITEM: 10.1 (a)
CITY COUNCIL STAFF REPORT
File Nos. C22-016, C22-017, C22-018, C22-019, C22-020, C22-021, C22-024
Location 105 parcels at various locations in the Alum Rock Avenue and Story Road planned growth areas.
Existing Zoning Planned Development A(PD), Commercial
Pedestrian (CP), Commercial Office (CO),
Commercial Neighborhood (CN), Commercial
General (CG), Single-Family Residential (R-1-8),
Two-Family Residential (R-2), Multiple Residence
District (R-M), Light Industrial (LI).
Proposed Zoning Urban Village (UV), Urban Residential (UR), Single- Family Residential (R-1-8), Public/Quasi-Public
(PQP), Open Space (OS), Commercial Neighborhood
(CN), Commercial Pedestrian (CP).
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:
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 of the City of San José rezoning 34 properties from the CG Commercial General Zoning District to the UV Urban Village Zoning District, one property from the CN Commercial Neighborhood Zoning District to the UV Urban Village Zoning District, two properties from the LI Light Industrial Zoning District to the UV Urban Village Zoning District, three properties from the R-1-8 Single-Family Residential Zoning District to the UV Urban Village Zoning District, two properties from the R-2 Two-Family Residential Zoning District to the UV Urban Village Zoning District, 12 properties from the R-M Multiple Residence Zoning District to the UR Urban Residential Zoning District, one property from the CN Commercial Neighborhood Zoning District to the R-1-8 Single-Family Residential Zoning District, two properties from the CP Commercial Pedestrian Zoning District to the R-1-8 Single-Family Residential Zoning District, two properties from the CN Commercial Neighborhood Zoning District to the PQP Public/Quasi-Public Zoning District, three properties from the CP Commercial Pedestrian Zoning District to the PQP Public/Quasi-Public Zoning District, six properties from the R-1-8 Single-Family Residential Zoning District to the PQP Public/Quasi-Public Zoning District, one certain real property from the A(PD) Planned Development Zoning District to the OS Open Space Zoning
__________________________________________________________________________ __
HONORABLE MAYOR AND CITY COUNCIL
May 27, 2022
Subject: File Nos. C22-016, C22-017, C22-018, C22-019, C22-020, C22-021, C22-024
District, one property from the CG Commercial General District Zoning District to the OS Open Space Zoning District, three properties from the CN Commercial Neighborhood Zoning District to the OS Open Space Zoning District, four certain real properties from the R-1-8 Single-Family Residential Zoning District to the OS Open Space Zoning District, eight properties from the R-1-8 Single-Family Residential Zoning District to the CP Commercial Pedestrian Zoning District, five properties from the R-2 Two-Family Residential Zoning District to the CP Commercial Pedestrian Zoning District, one property from the A(PD) Planned Development Zoning District to the CN Commercial Neighborhood Zoning District, ten properties from the split zoned CG Commercial General and R-2 Two-Family Residential Zoning Districts to the UV Urban Village Zoning District, one property from the split zoned CO Commercial Office, CP Commercial Pedestrian, R-1-8 Single-Family Residential, R-2 Two-Family Residential, and R-M Multiple Residence Zoning Districts to the OS Open Space Zoning District, three properties from the split zoned CG Commercial General and R-2 Two-Family Residential Zoning Districts to the CP Commercial Pedestrian Zoning District, located throughout the Alum Rock Avenue and Story Road planned growth areas.
1. City-initiated Conforming Rezoning to rezone a total of 105 properties, including 14 split zoned properties resulting in a total of 122 rezones. The 105 properties would be rezoned as follows: 34 properties from the CG Commercial General Zoning District to the UV Urban Village Zoning District, one property from the CN Commercial Neighborhood Zoning District to the UV Urban Village Zoning District, two properties from the LI Light Industrial Zoning District to the UV Urban Village Zoning District, three properties from the R-1-8 Single-Family Residential Zoning District to the UV Urban Village Zoning District, two properties from the R-2 Two-Family Residential Zoning District to the UV Urban Village Zoning District, 12 properties from the R-M Multiple Residence Zoning District to the UR Urban Residential Zoning District, one property from the CN Commercial Neighborhood Zoning District to the R-1-8 Single-Family Residential Zoning District, two properties from the CP Commercial Pedestrian Zoning District to the R-1-8 Single-Family Residential Zoning District, two properties from the CN Commercial Neighborhood Zoning District to the PQP Public/Quasi-Public Zoning District, three properties from the CP Commercial Pedestrian Zoning District to the PQP Public/Quasi-Public Zoning District, six properties from the R-1-8 Single-Family Residential Zoning District to the PQP Public/Quasi-Public Zoning District, one property
GENERAL PLAN CONSISTENCY
General Plan Designation Urban Village (UV), Urban Residential (UR), Residential Neighborhood (RN), Public/Quasi-Public
(PQP), Open Space, Parklands and Habitat (OSPH),
Neighborhood Community/Commercial (NCC).
Consistent Inconsistent
Consistent Policies Implementation Policies IP-1.7, IP-8.2, IP-8.3
PROJECT DATA
HONORABLE MAYOR AND CITY COUNCIL
May 27, 2022
Subject: File Nos. C22-016, C22-017, C22-018, C22-019, C22-020, C22-021, C22-024
from the A(PD) Planned Development Zoning District to the OS Open Space Zoning District, one property from the CG Commercial General District Zoning District to the OS Open Space Zoning District, three properties from the CN Commercial Neighborhood Zoning District to the OS Open Space Zoning District, four properties from the R-1-8 Single-Family Residential Zoning District to the OS Open Space Zoning District, eight properties from the R-1-8 Single-Family Residential Zoning District to the CP Commercial Pedestrian Zoning District, five properties from the R-2 Two-Family Residential Zoning District to the CP Commercial Pedestrian Zoning District, one property from the A(PD) Planned Development Zoning District to the CN Commercial Neighborhood Zoning District, ten properties from the split zoned CG Commercial General and R-2 Two-Family Residential Zoning Districts to the UV Urban Village Zoning District, one property from the split zoned CO Commercial Office, CP Commercial Pedestrian, R-1-8 Single-Family Residential, R-2 Two-Family Residential, and R-M Multiple Residence Zoning Districts to the OS Open Space Zoning District, three properties from the split zoned CG Commercial General and R-2 Two-Family Residential Zoning Districts to the CP Commercial Pedestrian Zoning District, all located on those certain real properties throughout the Alum Rock Avenue and Story Road planned growth areas. The specific locations of the parcels to be rezoned are specified in the proposed rezoning ordinance, attached hereto and incorporated herein by reference as Attachment 1.
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 City Council on June 2019, to begin the process to align existing zoning districts with their respective General Plan designations, including changes to permitting requirements in the Zoning Ordinance across all zoning districts. Phase 1(b) was approved by 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 the zoning consistent with the General Plan represents the final phase of work to bring the zoning district map into conformance with the General Plan. At this time, staff is proposing the rezoning of 105 properties to make their designated zoning consistent with their General Plan land use designation. The proposed 105 properties are located throughout the Alum Rock Avenue and Story Road planned growth areas, as indicated on the attached draft Ordinance and shown on the maps. (Attachment 1).
ANALYSIS
The proposed project was analyzed for conformance with the following:
1) Envision San José 2040 General Plan
HONORABLE MAYOR AND CITY COUNCIL
May 27, 2022
Subject: File Nos. C22-016, C22-017, C22-018, C22-019, C22-020, C22-021, C22-024
2) Zoning Ordinance
3) Senate Bill 330
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 Urban Village (UV), Urban Residential (UR), Residential Neighborhood (RN), Public/Quasi-Public (PQP), Open Space, Parklands and Habitat (OSPH), Neighborhood Community/Commercial (NCC). (see Exhibit A-1 of the attached ordinance).
U
rban Village (UV): This designation is applied within the Urban Village areas that are planned in the current Horizon to accommodate higher density housing growth along with a significant amount of job growth. This designation is also applied in some cases to specific sites within Urban Village Area Boundaries that have received entitlements for Urban Village type development. This designation supports a wide variety of commercial, residential, institutional, or other land uses with an emphasis on establishing an attractive urban form in keeping with the Urban Village concept. Development within the Urban Village designation should 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. Prior to preparation of an Urban Village Plan, this designation supports uses consistent with those of the Neighborhood Community Commercial designation, as well as development of Signature Projects as described in the Envision General Plan Implementation policies. Following preparation of an Urban Village Plan, the appropriate use for a site will be commercial, residential, mixed-use, public facility or other use as indicated within the Urban Village plan as well as those uses supported by the Neighborhood/Community Commercial designation.
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 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 a 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.
HONORABLE MAYOR AND CITY COUNCIL
May 27, 2022
Subject: File Nos. C22-016, C22-017, C22-018, C22-019, C22-020, C22-021, C22-024
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.
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.
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 and, for properties located outside of the Greenline/Urban Growth Boundary, should avoid 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 facilities such as restrooms, playgrounds, educational/visitors’ centers, or parking areas can be an inherent part of 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 so as 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
HONORABLE MAYOR AND CITY COUNCIL
May 27, 2022
Subject: File Nos. C22-016, C22-017, C22-018, C22-019, C22-020, C22-021, C22-024
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.
Neighborhood Community/Commercial (NCC): 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 uses typically have a strong connection to and provide services and amenities for the nearby community and should be designed to promote that connection with an appropriate urban form that supports walking, transit use and public interaction. General office uses, hospitals and private community gathering facilities are also allowed in this designation. This designation also supports one hundred percent (100%) deed restricted affordable housing developments that are consistent with General Plan Policy H-2.9 and Policy IP-5.12.
The proposed conforming rezoning is c
onsistent with the following General Plan policies:
1. Implementation Policy IP-1.7: Ensure that proposals to rezone and prezone properties conform to the Land Use/Transportation Diagram, and advance Envision General Plan vision, goals, and policies.
2. Implementat
ion 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. A
lign 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
HONORABLE MAYOR AND CITY COUNCIL
May 27, 2022
Subject: File Nos. C22-016, C22-017, C22-018, C22-019, C22-020, C22-021, C22-024
h. Address height limits, setbacks, land use interfaces and other design standards so as to provide for the intensification of land uses adjacent to already developed areas.
Analysis: The General Plan land use designations for the proposed sites include, UV, UR, RN, PQP, OSPH, and NCC. Therefore, staff proposes a Conforming Rezoning of the properties from the CG to UV, CN to UV, LI to UV, R-1-8 to UV, R-2 to UV; R-M to UR; CN to R-1-8, CP to R-1-8; CN to PQP, CP to PQP, R-1-8 to PQP; A(PD) to OS, CG to OS, CN to OS, R-1-8 to OS; R-1-8 to CP, R-2 to CP; A(PD) to CN; split zoned CG and R-2 to UV, split zoned CO, CP, R-1-8, R-2, and R-M to OS, and split zoned CG and R-2 to CP.
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 UV, UR, R-1-8, PQP, OS, CN, and CP Zoning District as a conforming district to the respective UV, UR, RN, PQP, OSPH, and NCC General Plan land use designations. (see Exhibit A of the attached ordinance).
Th
e 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 a 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 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 on an eligible parcel to a less intensive use as long as there is no net loss in residential capacity.
Approval of File Nos. C22-016, C22-017, C22-018, C22-019, C22-020, C22-021 and C22-024 would not result in a decrease of residential capacity. Among the properties that are the subject of the proposed rezoning, 10 properties would have a reduction of a total of 85 residential unit capacity, 63 properties would have an increase of a total of 3,597 residential unit capacity, 18 properties would not have any change in residential capacity, and the 14 split zoned properties would have a total increase in residential capacity of 841 units. Thus, the proposed rezoning would not result in any decrease in residential unit capacity but will result in a 4,353 unit residential capacity increase, which complies with SB330 and SB940 requirements.
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
HONORABLE MAYOR AND CITY COUNCIL
May 27, 2022
Subject: File Nos. C22-016, C22-017, C22-018, C22-019, C22-020, C22-021, C22-024
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 Envision San José 2040 General Plan FEIR, SEIR, and Addenda have been identified, nor have any new mitigation measures or alternatives which are considerably different from those analyzed in the FEIR, SEIR and Addenda been identified.
CONCLUSION
The proposed Conforming Rezoning of 105 properties, 34 properties from the CG Commercial General Zoning District to the UV Urban Village Zoning District, one property from the CN Commercial Neighborhood Zoning District to the UV Urban Village Zoning District, two properties from the LI Light Industrial Zoning District to the UV Urban Village Zoning District, three properties from the R-1-8 Single-Family Residential Zoning District to the UV Urban Village Zoning District, two properties from the R-2 Two-Family Residential Zoning District to the UV Urban Village Zoning District, 12 properties from the R-M Multiple Residence Zoning District to the UR Urban Residential Zoning District, one property from the CN Commercial Neighborhood Zoning District to the R-1-8 Single-Family Residential Zoning District, two properties from the CP Commercial Pedestrian Zoning District to the R-1-8 Single-Family Residential Zoning District, two properties from the CN Commercial Neighborhood Zoning District to the PQP Public/Quasi-Public Zoning District, three properties from the CP Commercial Pedestrian Zoning District to the PQP Public/Quasi-Public Zoning District, six properties from the R-1-8 Single-Family Zoning District to the PQP Public/Quasi-Public Zoning District, one property from the A(PD) Planned Development Zoning District to the OS Open Space Zoning District, one property from the CG Commercial General District Zoning District to the OS Open Space Zoning District, three properties from the CN Commercial Neighborhood Zoning District to the OS Open Space Zoning District, four properties from the R-1-8 Single- Family Residential Zoning District to the OS Open Space Zoning District, eight properties from the R-1-8 Single-Family Residential Zoning District to the CP Commercial Pedestrian Zoning District, five properties from the R-2 Two-Family Residential Zoning District to the CP Commercial Pedestrian Zoning District, one property from the A(PD) Planned Development Zoning District to the CN Commercial Neighborhood Zoning District, ten properties from the split zoned CG Commercial General and R-2 Two-Family Residential Zoning Districts to the UV Urban Village Zoning District, one property from the split zoned CO Commercial Office, CP Commercial Pedestrian, R-1-8 Single-Family Residential, R-2 Two-Family Residential, and R-M Multiple Residence Zoning Districts to the OS Open Space Zoning District, three properties from the split zoned CG Commercial General and R-2 Two-Family Residential Zoning Districts to the CP Commercial Pedestrian Zoning District 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 designations of UV, UR, RN, PQP, OSPH and NCC, and would streamline proposed projects consistent with the General Plan on the subject properties.
HONORABLE MAYOR AND CITY COUNCIL
May 27, 2022
Subject: File Nos. C22-016, C22-017, C22-018, C22-019, C22-020, C22-021, C22-024
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 notices to the property owners and tenants for File Nos. C22-016, C22-017, C22-018, C22-019, C22-020, C22-021, and C22-024 on May 6, 2022, to provide information on the proposed Conforming Rezoning. Staff included their contact information on the notice and have been available to answer any questions that property owners and tenants may have. The notice also included direction to the Rezoning and General Plan Alignment website that has information to assist property owners and tenants with the process and includes frequently ask questions.
Subsequent to sending the rezoning notice to affected property owners and tenants, 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/
Christopher Burton, Director
Planning, Building and Code Enforcement
For questions, please contact Michael Brilliot, Deputy Director, at (408) 535-7831 or [email protected].
Attachment: Attachment 1-Draft Ordinance
NVF:MJV:JMD File Nos. C22-016, 017, 018, 019, 020, 021, 024 4/11/2022
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Council Agenda: _____
Item No.: ____
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF SAN JOSE REZONING 34
PROPERTIES FROM THE CG COMMERCIAL GENERAL
ZONING DISTRICT TO THE UV URBAN VILLAGE ZONING
DISTRICT, ONE PROPERTY FROM THE CN COMMERCIAL
NEIGHBORHOOD ZONING DISTRICT TO THE UV URBAN
VILLAGE ZONING DISTRICT, TWO PROPERTIES FROM THE LI
LIGHT INDUSTRIAL ZONING DISTRICT TO THE UV URBAN
VILLAGE ZONING DISTRICT, THREE PROPERTIES FROM THE
R-1-8 SINGLE- FAMILY RESIDENTIAL ZONING DISTRICT TO
THE UV URBAN VILLAGE ZONING DISTRICT, TWO
PROPERTIES FROM THE R- 2 TWO -FAMILY RESIDENTIAL
ZONING DISTRICT TO THE UV URBAN VILLAGE ZONING
DISTRICT, 12 PROPERTIES FROM THE R- M MULTIPLE
RESIDENCE ZONING DISTRICT TO THE UR URBAN
RESIDENTIAL ZONING DISTRICT, ONE PROPERTY FROM
THE CN COMMERCIAL NEIGHBORHOOD ZONING DISTRICT
TO THE R-1- 8 SINGLE- FAMILY RESIDENTIAL ZONING
DISTRICT, TWO PROPERTIES FROM THE CP COMMERCIAL
PEDESTRIAN ZONING DISTRICT TO THE R-1- 8 SINGLE-
FAMILY RESIDENTIAL ZONING DISTRICT, TWO PROPERTIES
FROM THE CN COMMERCIAL NEIGHBORHOOD ZONING
DISTRICT TO THE PQP PUBLIC/QUASI -PUBLIC ZONING
DISTRICT, THREE PROPERTIES FROM THE CP COMMERCIAL
PEDESTRIAN ZONING DISTRICT TO THE PQP PUBLIC/QUASI-
PUBLIC ZONING DISTRICT, SIX PROPERTIES FROM THE R-1-
8 SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT TO THE
PQP PUBLIC/QUASI -PUBLIC ZONING DISTRICT, ONE
PROPERTY FROM THE A(PD) PLANNED DEVELOPMENT
ZONING DISTRICT TO THE OS OPEN SPACE ZONING
DISTRICT, ONE PROPERTY FROM THE CG COMMERCIAL
GENERAL DISTRICT ZONING DISTRICT TO THE OS OPEN
SPACE ZONING DISTRICT, THREE PROPERTIES FROM THE
CN COMMERCIAL NEIGHBORHOOD ZONING DISTRICT TO
THE OS OPEN SPACE ZONING DISTRICT, FOUR PROPERTIES
FROM THE R-1- 8 SINGLE- FAMILY RESIDENTIAL ZONING
DISTRICT TO THE OS OPEN SPACE ZONING DISTRICT, EIGHT
PROPERTIES FROM THE R-1- 8 SINGLE- FAMILY
RESIDENTIAL ZONING DISTRICT TO THE CP COMMERCIAL
PEDESTRIAN ZONING DISTRICT, FIVE PROPERTIES FROM
THE R- 2 TWO -FAMILY RESIDENTIAL ZONING DISTRICT TO
NVF:MJV:JMD File Nos. C22-016, 017, 018, 019, 020, 021, 024 4/11/2022
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Council Agenda: _____
Item No.: ____
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
THE CP COMMERCIAL PEDESTRIAN ZONING DISTRICT, ONE
PROPERTY FROM THE A(PD) PLANNED DEVELOPMENT
ZONING DISTRICT TO THE CN COMMERCIAL
NEIGHBORHOOD ZONING DISTRICT, TEN PROPERTIES
FROM THE SPLIT ZONED CG COMMERCIAL GENERAL AND
R-2 TWO-FAMILY RESIDENTIAL ZONING DISTRICTS TO THE
UV URBAN VILLAGE ZONING DISTRICT, ONE PROPERTY
FROM T HE SPLIT ZONED CO COMMERCIAL OFFICE, CP
COMMERCIAL PEDESTRIAN, R-1- 8 SINGLE- FAMILY
RESIDENTIAL, R- 2 TWO -FAMILY RESIDENTIAL, AND R- M
MULTIPLE RESIDENCE ZONING DISTRICTS TO THE OS OPEN
SPACE ZONING DISTRICT, AND THREE PROPERTIES FROM
THE SPLIT ZONED CG COMMERCIAL GENERAL AND R- 2
TWO-FAMILY RESIDENTIAL ZONING DISTRICTS TO THE CP
COMMERCIAL PEDESTRIAN ZONING DISTRICT, ALL
LOCATED ON THOSE CERTAIN REAL PROPERTIES
THROUGHOUT THE ALUM ROCK AVENUE AND STORY ROAD
PLANNED GROWTH AREAS
WHEREAS, all rezoning proceedings required under the provisions of Chapter 20.120 of Title 20 of the San José Municipal Code have been duly had and taken with respect to the real property hereinafter described; and
WHEREAS, pursuant to Section 15168(c)(2) of the CEQA Guidelines, the City of San José has determined 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 José 2040 General Plan (the “FEIR”), for which findings were adopted by City Council through its Resolution No. 76041 on November 1, 2011 and Supplemental Environmental Impact Report (the “SEIR”), through Resolution No. 77617, adopted by City Council on December 15, 2015, and Addenda thereto, and does not involve new significant effects beyond those analyzed in the FEIR and SEIR; and
WHEREAS, the City Council of the City of San José is the decision- making body for the NVF:MJV:JMD File Nos. C22-016, 017, 018, 019, 020, 021, 024 4/11/2022
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proposed subject rezoning to the UV Urban Village, UR Urban Residential, R-1-8 Single- Family Residential, PQP Public/Quasi-Public, OS Open Space, CN Commercial Neighborhood and CP Commercial Pedestrian Zoning Districts; and
WHEREAS, this Council of the City of San José has considered and approves the information contained in the FEIR and related City Council Resolution No. 76041, and in the SEIR and related City Council Resolution No. 77617, and Addenda thereto, and the determination of consistency therewith prior to acting upon or approving the subject rezoning; and
WHEREAS, the proposed rezoning is consistent with the designations of the sites in the applicable General Plan; and
WHEREAS, pursuant to Senate Bill 330, the proposed rezoning (File Nos. C22-016, C22- 017, C22- 018, C22-019, C22- 020, C22- 021, and C22-024) would not decrease the residential units satisfying Senate Bill 330 and Senate Bill 940 requirements; the change in zoning decrease the residential capacity on some properties by 85 residential units but increase the residential capacity on others properties by 4,438 residential units. Therefore, there is still a surplus of 4,353 residential units available ( 4,438 – 85 = 4,353 units) complying with Senate Bill 330 and Senate Bill 940 requirements.
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 to the UV Urban Village, UR Urban Residential, R-1-8 Single- Family Residenti al, PQP Public/Quasi-Public, OS Open Space and CN Commercial Neighborhood and CP Commercial Pedestrian Zoning Districts.
NVF:MJV:JMD File Nos. C22-016, 017, 018, 019, 020, 021, 024 4/11/2022
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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” and depicted in Exhibit “B” attached hereto and incorporated herein by this reference.
SECTION 3
. The district map of the City is hereby amended accordingly.
SECTION 4
. Any land development approval that is the subject of City File Nos. C22-016, C22-017, C22-018, C22-019, C22-020, C22-021, and C22-024 is subject to the operation of Part 2.75 of Chapter 15.12 of Title 15 of the San José Municipal Code. 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 José 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.
NVF:MJV:JMD File Nos. C22-016, 017, 018, 019, 020, 021, 024 4/11/2022
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PASSED FOR PUBLICATION of title this ___ day of ______, 2022 by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
SAM LICCARDO
Mayor
ATTEST:
TONI J. TABER, CMC
City Clerk
NVF:MJV:JMD File Nos. C22-016, 017, 018, 019, 020, 021, 024 4/11/2022
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EXHIBIT “A”
EXISTING GENERAL PLAN DESIGNATION AND EXISTING AND PROPOSED
ZONING DISTRICT PARCEL LIST
File Nos. C22-016, C22-017, C22-018, C22-019, C22-020, C22-021, and C22-024: The following parcels specified by Assessor’s Parcel Number (APN) are hereby rezoned from the zoning district specified below as “Existing Zoning” to the zoning district specified below as “Conforming Rezoning:”
No. APN Existing General
Plan Designation
Existing
Zoning District
Proposed
Zoning District
Density Change
(Dwelling Units) Area
1 48112002 UV CG UV 25 1
2 48112003 UV CG UV 12 1
3 48114004 UV CG UV 32 1
4 48114005 UV CG UV 64 1
5 48114006 UV CG UV 32 1
6 48114007 UV CG UV 48 1
7 48112001 UV CG UV 19 1
8 48112066 UV CG UV 21 1
9 48115098 UV CG UV 42 1
10 48101149 UV CG UV 43 1
11 48101107 UV CG UV 43 1
12 48115088 UV CG UV 19 1
13 48115089 UV CG UV 19 1
14 48115090 UV CG UV 32 1
15 48115091 UV CG UV 32 1
16 48115092 UV CG UV 32 1
17 48115093 UV CG UV 32 1
18 48115094 UV CG UV 32 1
19 48115095 UV CG UV 32 1
20 48115096 UV CG UV 32 1
21 48115097 UV CG UV 63 1
22 48101154 UV CG UV 94 1
23 48101102 UV CG UV 29 1
24 48113126 UV CG UV 23 1
25 48113127 UV CG UV 115 1
NVF:MJV:JMD File Nos. C22-016, 017, 018, 019, 020, 021, 024 4/11/2022
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26 48113104 UV CG UV 48 1
27 48113106 UV CG UV 47 1
28 48113107 UV CG UV 38 1
29 48113108 UV CG UV 56 1
30 48113109 UV CG UV 54 1
31 48113110 UV CG UV 44 1
32 48113001 UV CG UV 56 1
33 48114128 UV CG UV 33 1
34 48114129 UV CG UV 26 1
35 48115053 UV CG UV 58 1
36 48115054 UV CG UV 32 1
37 48115055 UV CG UV 32 1
38 48115056 UV CG UV 95 1
39 48115057 UV CG UV 32 1
40 48115106 UV CG UV 63 1
41 48115107 UV CG UV 102 1
42 48114130 UV CG UV 6 1
43 48101169 UV CG UV 64 1
44 48112108 UV CG UV 52 1
45 48112106 UV CN UV 117 1
46 48112092 UV LI UV 57 1
47 48112097 UV LI UV 58 1
48 48115099 UV R-1-8 UV 22 1
49 48115087 UV R-1-8 UV 27 1
50 48115052 UV R-1-8 UV 18 1
51 48112003 UV R-2 UV 38 1
52 48101149 UV R-2 UV 18 1
53 48101107 UV R-2 UV 30 1
54 48101117 UV R-2 UV 12 1
55 48113126 UV R-2 UV 31 1
56 48113104 UV R-2 UV 28 1
57 48113107 UV R-2 UV 16 1
58 48113108 UV R-2 UV 30 1
59 48113109 UV R-2 UV 27 1
60 48113110 UV R-2 UV 28 1
61 48113009 UV R-2 UV 26 1
62 48112108 UV R-2 UV 28 1
63 48101110 NCC CG CP 49 1
64 48101141 NCC CG CP 20 1
NVF:MJV:JMD File Nos. C22-016, 017, 018, 019, 020, 021, 024 4/11/2022
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65 48101179 NCC CG CP 16 1
66 48101110 NCC R-2 CP 34 1
67 48101141 NCC R-2 CP 4 1
68 48101179 NCC R-2 CP 31 1
69 48119111 OSPH A(PD) OS 0 2
70 48121123 OSPH R-1-8 OS 0 2
71 48121122 OSPH R-1-8 OS 0 2
72 48421042 PQP CN PQP -4 3
73 48421014 PQP CN PQP -3 3
74 48421043 PQP CP PQP -5 3
75 48421044 PQP CP PQP -4 3
76 48421045 PQP CP PQP -6 3
77 48404028 OSPH CG OS 1 3
78 48404032 OSPH R-1-8 OS -19 3
79 48403043 NCC R-1-8 CP 14 3
80 48403041 NCC R-1-8 CP 11 3
81 48403042 NCC R-1-8 CP 16 3
82 48419029 NCC R-1-8 CP 12 3
83 48419032 NCC R-1-8 CP 16 3
84 48419088 NCC R-1-8 CP 4 3
85 48445061 NCC R-2 CP 20 3
86 48445062 NCC R-2 CP 20 3
87 48445117 NCC R-2 CP 16 3
88 48445060 NCC R-2 CP 20 3
89 48137009 UR R-M UR 0 4
90 48137011 UR R-M UR 0 4
91 48801005 UR R-M UR 0 4
92 48801006 UR R-M UR 0 4
93 48801007 UR R-M UR 0 4
94 48801010 UR R-M UR 0 4
95 48801011 UR R-M UR 0 4
96 48801012 UR R-M UR 0 4
97 48801004 UR R-M UR 0 4
98 48137045 UR R-M UR 0 4
99 48137046 UR R-M UR 0 4
100 48801047 UR R-M UR 0 4
101 48434022 RN CN R-1-8 -14 4
102 48434016 RN CP R-1-8 -14 4
103 48434017 RN CP R-1-8 -15 4
NVF:MJV:JMD File Nos. C22-016, 017, 018, 019, 020, 021, 024 4/11/2022
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104 48433137 PQP R-1-8 PQP 101 4
105 48611029 PQP R-1-8 PQP 692 4
106 48803003 PQP R-1-8 PQP 238 4
107 48433138 PQP R-1-8 PQP 216 4
108 48433139 PQP R-1-8 PQP 23 4
109 48433136 PQP R-1-8 PQP 68 4
110 48433052 OSPH CN OS 0 4
111 48433100 OSPH CN OS 0 4
112 48433099 OSPH CN OS 0 4
113 48802014 OSPH CO OS 0 4
114 48802014 OSPH CP OS 0 4
115 48435063 OSPH R-1-8 OS -1 4
116 48802014 OSPH R-1-8 OS 0 4
117 48802014 OSPH R-2 OS 0 4
118 48802014 OSPH R-M OS 0 4
119 48433109 NCC R-1-8 CP 22 4
120 48433143 NCC R-1-8 CP 126 4
121 48611028 NCC R-2 CP 2 4
122 48433140 NCC A(PD) CN 130 4
NVF:MJV:JMD File Nos. C22-016, 017, 018, 019, 020, 021, 024 4/11/2022
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EXHIBIT “B”
EXISTING GENERAL PLAN DESIGNATION AND EXISTING AND PROPOSED
ZONING DISTRICT MAPS
File Nos. C22-016, C22-017, C22-018, C22-019, C22-020, C22-021, and C22-024: The Zoning District Map is hereby amended as follows:
NVF:MJV:JMD File Nos. C22-016, 017, 018, 019, 020, 021, 024 4/11/2022
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