COUNCIL AGENDA:
FILE:
12/13/22
22-1873
ITEM: 10.1 (e)
CITY COUNCIL STAFF REPORT
File Nos. C22-100, C22-102, C22-103, C22-105, C22-106, C22-107, C22-108, C22-109
Location 250 parcels at various locations in the Downtown and Diridon Station Area Plan areas.
Existing Zoning
CG Commercial General, CN Commercial
Neighborhood, CO Commercial Office, CP
Commercial Pedestrian, DC Downtown Primary
Commercial, HI Heavy Industrial, LI Light
Industrial, PQP Public/Quasi-Public, R-2 Two-
Family Residential, R-M Multiple Residence District
Proposed Zoning CIC Combined Industrial Commercial, DC
Downtown Primary Commercial, MUC Mixed Use
Commercial, OS Open Space, PQP Public/Quasi-
Public, R-1-8 Single-Family Residential, TR Transit
Residential, UR Urban Residential
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. Adopt an ordinance of the City of San Jose rezoning one property from the LI Light Industrial Zoning District to the CIC Combined Industrial/Commercial Zoning District; 67 properties from the CG Commercial General Zoning District to the DC Downtown Primary Commercial Zoning District, two properties from the CN Commercial Neighborhood Zoning District to the DC Downtown Primary Commercial Zoning District; 16 properties from the CO Commercial Office Zoning District to the DC Downtown Primary Commercial Zoning District; one property from the PQP Public /Quasi-Public Zoning District to the DC Downtown Primary Commercial Zoning District; 61 properties from the R-M Multiple Residence District Zoning District to the
__________________________________________________________________________ __
HONORABLE MAYOR AND CITY COUNCIL
December 13, 2022
Subject: Rezoning for File Nos. C22-100, -102, -103, -105, -106, -107, -108, -109
DC Downtown Primary Commercial Zoning District; four properties from the LI Light Industrial Zoning District to the MUC Mixed Use Commercial Zoning District; one property from the R-M Multiple Residence District Zoning District to the MUC Mixed Use Commercial Zoning District; two properties from the DC Downtown Primary Commercial Zoning District to the OS Open Space Zoning District; two properties from the LI Light Industrial Zoning District to the OS Open Space Zoning District; 12 properties from the CG Commercial General Zoning District to the PQP Public/Quasi- Public Zoning District; one property from the DC Downtown Primary Commercial Zoning District to the PQP Public/Quasi-Public Zoning District; one property from the R- 2 Two-Family Residential Zoning District to the PQP Public/Quasi-Public Zoning District; 16 properties from the R-M Multiple Residence District Zoning District to the PQP Public/Quasi-Public Zoning District; six properties from the CG Commercial General Zoning District to the R-1-8 Single-Family Residential Zoning District; one property from the CP Commercial Pedestrian Zoning District to the R-1-8 Single-Family Residential Zoning District; one property from the HI Heavy Industrial Zoning District to the TR Transit Residential Zoning District; 32 properties from the R-M Multiple Residence District Zoning District to the TR Transit Residential Zoning District; 16 properties from the R-M Multiple Residence District Zoning District to the UR Urban Residential Zoning District; one property from the split zoned LI Light Industrial and HI Heavy Industrial Zoning Districts to the CIC Combined Industrial/Commercial Zoning District; one property from the split zoned CG Commercial General and CO Commercial Office Zoning Districts to the DC Downtown Primary Commercial Zoning District; three properties from the split zoned CG Commercial General and R-M Multiple Residence District Zoning Districts to the DC Downtown Primary Commercial Zoning District; one property from the split zoned CG Commercial General and R-M Multiple Residence District Zoning Districts to the PQP Public/Quasi-Public Zoning District; and one property from the R-M Multiple Residence District Zoning District to the split zoned TR Transit Residential and UR Urban Residential Zoning Districts, all located on those certain real properties throughout the Downtown and Diridon Station Area Plan areas.
City-initiated conforming rezoning within the Downtown and Diridon Station Area Plan areas to rezone a total of 250 properties, including 7 split zoned properties resulting in a total of 257 rezonings. The 250 properties would be rezoned as follows:
GENERAL PLAN CONSISTENCY
General Plan Designation CIC Combined Industrial Commercial, DT Downtown, MUC Mixed Use Commercial, OSPH
Open Space, Parkland, and Habitats, PQP
Public/Quasi-Public, RN Residential Neighborhood,
TR Transit Residential, UR Urban Residential
Consistent Inconsistent
Consistent Policies Implementation Policies IP-1.7, IP-8.2, IP-8.3
PROJECT DATA
HONORABLE MAYOR AND CITY COUNCIL
December 13, 2022
Subject: Rezoning for File Nos. C22-100, -102, -103, -105, -106, -107, -108, -109
• One property from the LI Light Industrial Zoning District to the CIC Combined Industrial/Commercial Zoning District
• 67 properties from the CG Commercial General Zoning District to the DC Downtown Primary Commercial Zoning District
• Two properties from the CN Commercial Neighborhood Zoning District to the DC Downtown Primary Commercial Zoning District
• 16 properties from the CO Commercial Office Zoning District to the DC Downtown Primary Commercial Zoning District
• One property from the PQP Public /Quasi-Public Zoning District to the DC Downtown Primary Commercial Zoning District
• 61 properties from the R-M Multiple Residence District Zoning District to the DC Downtown Primary Commercial Zoning District
• Four properties from the LI Light Industrial Zoning District to the MUC Mixed Use Commercial Zoning District
• One property from the R-M Multiple Residence District Zoning District to the MUC Mixed Use Commercial Zoning District
• Two properties from the DC Downtown Primary Commercial Zoning District to the OS Open Space Zoning District
• Two properties from the LI Light Industrial Zoning District to the OS Open Space Zoning District
• 12 properties from the CG Commercial General Zoning District to the PQP Public/Quasi- Public Zoning District
• One property from the DC Downtown Primary Commercial Zoning District to the PQP Public/Quasi-Public Zoning District
• One property from the R-2 Two-Family Residential Zoning District to the PQP Public/Quasi-Public Zoning District
• 16 properties from the R-M Multiple Residence District Zoning District to the PQP Public/Quasi-Public Zoning District
• Six properties from the CG Commercial General Zoning District to the R-1-8 Single- Family Residential Zoning District
• One property from the CP Commercial Pedestrian Zoning District to the R-1-8 Single- Family Residential Zoning District
• One property from the HI Heavy Industrial Zoning District to the TR Transit Residential Zoning District
• 32 properties from the R-M Multiple Residence District Zoning District to the TR Transit Residential Zoning District
• 16 properties from the R-M Multiple Residence District Zoning District to the UR Urban Residential Zoning District
HONORABLE MAYOR AND CITY COUNCIL
December 13, 2022
Subject: Rezoning for File Nos. C22-100, -102, -103, -105, -106, -107, -108, -109
• One property from the split zoned LI Light Industrial and HI Heavy Industrial Zoning Districts to the CIC Combined Industrial/Commercial Zoning District • One property from the split zoned CG Commercial General and CO Commercial Office Zoning Districts to the DC Downtown Primary Commercial Zoning District • Three properties from the split zoned CG Commercial General and R-M Multiple Residence District Zoning Districts to the DC Downtown Primary Commercial Zoning District
• One property from the split zoned CG Commercial General and R-M Multiple Residence District Zoning Districts to the PQP Public/Quasi-Public Zoning District • One property from the R-M Multiple Residence District Zoning District to the split zoned TR Transit Residential and UR Urban Residential Zoning Districts
All located on those certain real properties throughout the Downtown and Diridon Station Area Plan 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 multi-year 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 in June 2019, which aligned the 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 250 properties to make their designated zoning consistent with their General Plan land use designation. The proposed 250 properties are located throughout the Downtown and Diridon Station Area Plan 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
2) Zoning Ordinance
3) Senate Bill 330
HONORABLE MAYOR AND CITY COUNCIL
December 13, 2022
Subject: Rezoning for File Nos. C22-100, -102, -103, -105, -106, -107, -108, -109
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 CIC Combined Industrial Commercial, DT Downtown, MUC Mixed Use Commercial, OSPH Open Space, Parkland, and Habitats, PQP Public/Quasi-Public, RN Residential Neighborhood, TR Transit Residential, UR Urban Residential (see Exhibit A-1 of the attached ordinance).
CIC Combined Industrial Commercial: This category allows a significant amount of flexibility for the development of a varied mixture of compatible commercial and industrial uses, including hospitals and private community gathering facilities. Properties with this designation are intended for commercial, office, or industrial developments or a compatible mix of these uses.
This designation occurs in areas where the existing development pattern exhibits a mix of commercial and industrial land uses or in areas on the boundary between commercial and industrial uses. Development intensity can vary significantly in this designation based on the nature of specific uses likely to occur in a particular area. In order to maintain an industrial character, small, suburban strip centers are discouraged in this designation, although larger big- box type developments may be allowed because they mix elements of retail commercial and warehouse forms and uses. While this designation potentially accommodates a wide variety of uses and building forms, more specific guidance should be provided through the application of the Zoning Ordinance in order to establish use and form standards that will promote the development of a cohesive employment area across multiple adjoining properties that share this designation.
DT Downtown: This designation includes office, retail, service, residential, and entertainment uses in the Downtown. Redevelopment should be at very high intensities unless incompatibility with other major policies within the Envision General Plan (such as Historic Preservation Policies) indicates otherwise. Where single-family detached homes are adjacent to the perimeter of the area designated as Downtown, new development should serve as a transition to lower- intensity use while still achieving urban densities appropriate for the perimeter of downtown in a major metropolitan city. All development within this designation should enhance the “complete community” downtown, support pedestrian and bicycle circulation, and increase transit ridership.
Residential projects within the Downtown designation should generally incorporate ground-floor commercial uses. This designation does not have a minimum residential density range (DU/AC) in order to facilitate mixed-use projects that may include small amounts of residential in combination with significant amounts of non-residential use. Such mixed-use projects should be developed within the identified FAR range of up to 30.0. While this land use designation allows up to 800 dwelling units to the acre, achievable densities may be much lower in a few identified areas to ensure consistency with the Santa Clara County Comprehensive Land Use Plan (CLUP) adopted by the Santa Clara County Airport Land Use Commission (ALUC) for the Norman Y.
Mineta San José International Airport. The broad range of uses allowed in Downtown could also facilitate medical office uses or full-service hospitals.
MUC Mixed Use Commercial: This designation is intended to accommodate a mix of commercial and residential uses with an emphasis on commercial activity. New development of a property with this designation should accordingly include commercial space equivalent to at least a 0.5 FAR for residential/commercial mixed-use projects and 0.25 FAR for commercial
HONORABLE MAYOR AND CITY COUNCIL
December 13, 2022
Subject: Rezoning for File Nos. C22-100, -102, -103, -105, -106, -107, -108, -109
projects with a typically appropriate overall FAR of up to 4.5, allowing for a medium intensity of development. This designation, therefore, is more commercially focused than the Mixed Use Neighborhood designation and also allows for a greater intensity of use. Appropriate commercial uses include neighborhood retail, mid-rise office, medium-scale hospitals or other healthcare facilities, and medium-scale private community gathering facilities. Low-impact industrial uses are appropriate if they are compatible and do not pose a hazard to other nearby uses.
OSPH Open Space, Parklands and Habitat: 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 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 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 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.
PQP Public/Quasi-Public: 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.
HONORABLE MAYOR AND CITY COUNCIL
December 13, 2022
Subject: Rezoning for File Nos. C22-100, -102, -103, -105, -106, -107, -108, -109
RN Residential Neighborhood: 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.
TR Transit Residential: This is the primary designation for new high-density, mixed-use residential development sites that are located in close proximity to transit, jobs, amenities, and services. This designation may also be appropriate for some sites within Urban Village areas as identified through an Urban Village Planning process. This designation also supports intensive commercial employment uses, such as office, retail, hotels, hospitals, and private community gathering facilities. To help contribute to “complete communities,” commercial uses should be included with new residential development in an amount consistent with the achievement of the planned job growth and Urban Village Plan for the relevant Urban Village area. The allowable density/intensity for commercial projects is a FAR of 2.0 to 12.0 with a minimum FAR of 2.0.
Residential/commercial mixed-use development shall require a minimum of 50 DU/AC with a maximum FAR of 12.0. 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.
UR Urban Residential:
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
December 13, 2022
Subject: Rezoning for File Nos. C22-100, -102, -103, -105, -106, -107, -108, -109
The proposed conforming rezoning is consistent 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. 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 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 CIC, DT, MUC, OSPH, PQP, RN, TR, and UR. Therefore, staff proposes a Conforming Rezoning of the properties from the LI to CIC, CG to DC, CN to DC, CO to DC, PQP to DC, R-M to DC, LI to MUC, R-M to MUC, DC to OS, LI to OS, CG to PQP, DC to PQP, R-2 to PQP, R-M to PQP, CG to R-1-8, CP to R-1-8, HI to TR, R-M to TR, R-M to UR, split zoned LI and HI to CIC, split zoned CG and CO to DC, split zoned CG and RM to DC, split zoned CG and R-M to PQP, R-M to split zoned TR and 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
HONORABLE MAYOR AND CITY COUNCIL
December 13, 2022
Subject: Rezoning for File Nos. C22-100, -102, -103, -105, -106, -107, -108, -109
The proposed rezoning conforms with Table 20-270 in Section 20.120.110 of the San José Municipal Code, which identifies the CIC, DC, MUC, OS, PQP, R-1-8, TR, and UR Zoning District as a conforming district to the respective CIC, DT, MUC, OSPH, PQP, RN, TR, and UR General Plan land use designations. (see Exhibit A of the attached 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 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 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 on an eligible parcel to a less intensive use as long as there is no net loss in residential capacity.
Approval of File Nos. C22-100, C22-102, C22-103, C22-105, C22-106, C22-107, C22-108, and C22-109 would not result in a decrease in residential capacity. Among the properties that are the subject of the proposed rezoning, five properties would have a reduction of a total of 7,333 residential unit capacity, 221 properties would have an increase of a total of 25,988 residential unit capacity, 17 properties would not have any change in residential capacity, and the seven split zoned properties would have a total increase in residential capacity of 1257 units. Thus, the proposed rezoning would not result in any decrease in residential unit capacity but will result in a 19,912-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 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 that are considerably different from those analyzed in the FEIR, SEIR, and Addenda been identified.
CONCLUSION
HONORABLE MAYOR AND CITY COUNCIL
December 13, 2022
Subject: Rezoning for File Nos. C22-100, -102, -103, -105, -106, -107, -108, -109
The proposed Conforming Rezoning of 250 properties, one property from the LI Light Industrial Zoning District to the CIC Combined Industrial/Commercial Zoning District; 67 properties from the CG Commercial General Zoning District to the DC Downtown Primary Commercial Zoning District, two properties from the CN Commercial Neighborhood Zoning District to the DC Downtown Primary Commercial Zoning District; 16 properties from the CO Commercial Office Zoning District to the DC Downtown Primary Commercial Zoning District; one property from the PQP Public /Quasi-Public Zoning District to the DC Downtown Primary Commercial Zoning District; 61 properties from the R-M Multiple Residence District Zoning District to the DC Downtown Primary Commercial Zoning District; four properties from the LI Light Industrial Zoning District to the MUC Mixed Use Commercial Zoning District; one property from the R-M Multiple Residence District Zoning District to the MUC Mixed Use Commercial Zoning District; two properties from the DC Downtown Primary Commercial Zoning District to the OS Open Space Zoning District; two properties from the LI Light Industrial Zoning District to the OS Open Space Zoning District; 12 properties from the CG Commercial General Zoning District to the PQP Public/Quasi-Public Zoning District; one property from the DC Downtown Primary Commercial Zoning District to the PQP Public/Quasi-Public Zoning District; one property from the R-2 Two-Family Residential Zoning District to the PQP Public/Quasi-Public Zoning District; 16 properties from the R-M Multiple Residence District Zoning District to the PQP Public/Quasi-Public Zoning District; six properties from the CG Commercial General Zoning District to the R-1-8 Single-Family Residential Zoning District; one property from the CP Commercial Pedestrian Zoning District to the R-1-8 Single-Family Residential Zoning District; one property from the HI Heavy Industrial Zoning District to the TR Transit Residential Zoning District; 32 properties from the R-M Multiple Residence District Zoning District to the TR Transit Residential Zoning District; 16 properties from the R-M Multiple Residence District Zoning District to the UR Urban Residential Zoning District; one property from the split zoned LI Light Industrial and HI Heavy Industrial Zoning Districts to the CIC Combined Industrial/Commercial Zoning District; one property from the split zoned CG Commercial General and CO Commercial Office Zoning Districts to the DC Downtown Primary Commercial Zoning District; three properties from the split zoned CG Commercial General and R-M Multiple Residence District Zoning Districts to the DC Downtown Primary Commercial Zoning District; one property from the split zoned CG Commercial General and R-M Multiple Residence District Zoning Districts to the PQP Public/Quasi-Public Zoning District; and one property from the R-M Multiple Residence District Zoning District to the split zoned TR Transit Residential and UR Urban Residential Zoning Districts 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 CIC, DT, MUC, OSPH, PQP, RN, TR, and UR, and would streamline proposed projects consistent with the General Plan on the subject properties.
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. C22-100, C22-102, C22-103, C22-105, C22-106, C22-107, C22-108, and C22-109 on November 18, 2022, to provide information on the proposed
HONORABLE MAYOR AND CITY COUNCIL
December 13, 2022
Subject: Rezoning for File Nos. C22-100, -102, -103, -105, -106, -107, -108, -109
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 directions to the Rezoning and General Plan Alignment website which has information to assist property owners and tenants with the process and includes frequently asked questions.
The notice also included directions to our interactive Rezoning Map Viewer where the community can view the rezonings that are happening within their neighborhood and throughout the city.
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 300 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].
Attachment 1 - Draft Ordinance