TO: HONORABLE MAYOR FROM: Planning Commission
AND CITY COUNCIL
SUBJECT: SEE BELOW DATE: January 23, 2023
COUNCIL DISTRICT: 6
SUBJECT: FILE NOS. BURBANK 44 & C20-011-ANNEXATION AND PREZONING FOR CERTAIN REAL PROPERTY LOCATED AT 1883-1887, 1891-1995, 1897-1899 WEST SAN CARLOS STREET AND 13 BOSTON AVENUE
RECOMMENDATION
The Planning Commission voted 10-0-0 to recommend that the City Council take all of the following actions:
1. Adopt a resolution certifying the Environmental Impact Report for the 1881 West San Carlos Project (SCH #2020120059), make certain findings concerning significant impacts, mitigation measures, and alternatives, and adopt a Statement of Overriding Considerations and a related Mitigation Monitoring and Reporting Plan, in accordance with the California Environmental Quality Act.
2. Approve an ordinance prezoning an approximately 0.895-gross-acre site in Santa Clara County unincorporated territory designated as Burbank No. 44 into the Mixed Use Commercial Zoning District.
3. Adopt a resolution initiating proceedings and scheduling February 14, 2023, for City Council consideration of the reorganization of the territory designated as Burbank No. 44, which involves the annexation to the City of San José of approximately 0.895 gross acres of land from Santa Clara County unincorporated territory and the detachment of the same from the appropriate special districts, excepting the Burbank Sanitary District.
SUMMARY AND OUTCOME
If the City Council approves all the actions listed above as recommended by the Planning Commission, the City will be able to continue the process to annex five unincorporated parcels (1883-1887, 1891-1995, 1897-1899 West San Carlos Street, and 13 Boston Avenue) totaling
0.895 acres from the County of Santa Clara into the City of San José and the 0.895-gross-acre site will be prezoned into the MUC Mixed Use Commercial Zoning District to allow a mixed-use project on a 1.23-acre site located on the north of West San Carlos Street between Brooklyn Avenue and Boston Avenue consisting of this 0.895-acre area and two adjacent parcels currently COUNCIL AGENDA: 02/28/23
FILE: 23-276
ITEM: 10.2
HONORABLE MAYOR AND CITY COUNCIL
January 23, 2023
Subject: File Nos. Burbank 44 & C20-011
within the City limits. The zoning of the site will not take effect until certification of the annexation by the Local Agency Formation Commission (LAFCO).
BACKGROUND
On December 14, 2022, the Planning Commission held a Public Hearing to consider the Environmental Impact Report (EIR), Annexation, and Prezoning. The Planning Commission recommended that the City Council adopt the resolution certifying the Final EIR for the 1881 West San Carlos Mixed-Use Project, adopt a Statement of Overriding Considerations and a related Mitigation Monitoring and Reporting Plan, and approve the subject Annexation and Pre- Zoning.
Staff Presentation
Planning staff provided a brief oral presentation of the proposed project, including the intent of the Annexation and Prezoning, the annexation process, and the project’s conformance with the General Plan, the San José Municipal Code, and City Council Policy 6-30: Public Outreach. The environmental project manager briefly discussed the environmental review process and project compliance with the California Environmental Quality Act (CEQA), including the need for a Statement of Overriding Considerations for the Significant and Unavoidable Impacts to Cultural Resources.
Applicant Presentation
The project architect Salvatore Caruso, representing the applicant, stated the purpose of the annexation and the prezoning is to facilitate a mixed-use development that complies with the West San Carlos Urban Village Plan, and he would answer questions from the Planning Commissioners.
Public Hearing
Chair Oliverio opened the public comment portion of the agenda.
One member of the public representing the Northern California Carpenters Union stated that a lot of construction workers are underpaid and urged developers to take this into consideration for their future construction projects.
Commissioner Discussion
Commissioner Rosario commented that this appears to be a great project and this section of the West San Carlos St. (project area) certainly needs to be intensified.
Commissioner Cantrell asked about the historic value of the site. The applicant responded that the buildings on site are old and the conditions are not good. The Historic Preservation Officer responded that the historic resources consultant for the project concluded that the buildings on site are not eligible for City Landmark designation, but there was a difference of expert opinion disclosed in the EIR where the City concluded based on the information outlined in the historic report that 1883-1887 West San Carlos Street and 1891-1895 West San Carlos Street are eligible
HONORABLE MAYOR AND CITY COUNCIL
January 23, 2023
Subject: File Nos. Burbank 44 & C20-011
for listing in the San José Historic Resources Inventory as Candidate City Landmarks. The City determined there would be a significant and unavoidable impact to cultural resources due to the demolition of the two buildings. Commissioner Cantrell inquired whether the historic buildings are worth saving. The Historic Preservation Officer responded that properties in the Burbank area are generally modest and the two buildings are not examples of "high-style" architecture, but modest interpretations of the architectural styles popular at the time. The two buildings are some of the last remaining buildings along West San Carlos Street that represent the early twentieth century commercial development in the Burbank area prior to the rapid industrialization of San José in the Post World-War II era.
Commissioner Ornelas-Wise asked how the City determines whether a site or structure is eligible for listing on the San José Historic Resources Inventory or is eligible for designation as a City Landmark. The Historic Preservation Officer responded that the Historic Preservation Ordinance outlines eight significance criteria that are based on significant historical development, persons, and events. The buildings represent the historical development of the West San Carlos Street commercial corridor in Burbank prior to World War II and the people that lived in the Burbank community in the early twentieth century.
Commissioner Ornelas-Wise asked the Environmental Project Manager whether any of the project alternatives analyzed in the Draft EIR are feasible. The Project Manager responded that the project alternatives may not be economically feasible for the applicants, however, CEQA does not take financial implications into account. The preservation alternatives would not meet the project objective to develop an intensive mixed-use development on these parcels.
Commissioner Ornelas-Wise commented that this annexation would help redevelop and revitalize the unincorporated area.
Commissioner Young made a motion to approve the staff recommendation. Commissioner Ornelas-Wise seconded the motion.
The motion to recommend City Council approval of the project was approved (10-0-0).
ANALYSIS
Analysis of the proposed CEQA clearance, Annexation, and Prezoning, including conformance with the General Plan, Zoning Ordinance, and City Council Policies is contained in the attached staff report.
Climate Smart San Jose Analysis
The recommendation in this memorandum aligns with one or more Climate Smart San José mobility goals. The purpose of the annexation and prezoning is to facilitate a mixed-use development that would be consistent with General Plan and Zoning Code. The mixed-use development would facilitate mobility choices other than single-occupancy gas-powered vehicles, increase the population density and facilitate job creation within the City limits by providing high-density mixed use residential development with commercial uses in a location within an identified growth area (West San Carlos Urban Village).
HONORABLE MAYOR AND CITY COUNCIL
January 23, 2023
Subject: File Nos. Burbank 44 & C20-011
EVALUATION AND FOLLOW-UP
Should the City Council adopt the resolution certifying the EIR, and approve the Annexation and the Prezoning, the City will be able to continue the process to annex five unincorporated parcels (1883-1887, 1891-1995, 1897-1899 West San Carlos Street, and 13 Boston Avenue) totaling
0.895 acres from the County of Santa Clara into the City of San José and the 0.895-gross-acre site will be prezoned into the MUC Mixed Use Commercial Zoning District to allow a mixed-use project on a 1.23-acre site located on the north of West San Carlos Street between Brooklyn Avenue and Boston Avenue consisting of this 0.895-acre area and two adjacent parcels currently within the City limits. The zoning of the site will not take effect until certification of the annexation by LAFCO.
COORDINATION
The preparation of this memorandum has been coordinated with the City Attorney’s Office.
PUBLIC OUTREACH
This memorandum will be posted on the City’s Council Agenda website for the February 14, 2023, Council meeting.
Outreach was undertaken for this item in addition to the agenda posting described above. These outreach efforts are described below.
Following City Council Policy 6-30, three required on-site signs describing the project have been posted on the project site since December 2020. A joint community and environmental scoping meeting was held on December 17, 2020, via Zoom webinar, to inform the surrounding community of the proposed project.
Questions and comments from the public and staff’s
responses are included in the attached Planning Commission staff report.
Public Notices of the community meeting and public hearing were distributed to the owners and tenants of all properties located within 1,000 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.
COMMISSION RECOMMENDATION AND INPUT
The Planning Commission has reviewed this request and recommended the City Council take the actions stated in the recommendation section of this report.
HONORABLE MAYOR AND CITY COUNCIL
January 23, 2023
Subject: File Nos. Burbank 44 & C20-011
CEQA
T
he City of San José, as the lead agency for the project, prepared a Draft EIR for the project. The Notice of Preparation was circulated from December 3, 2020, until January 8, 2021. The Draft EIR was circulated for public review and comment from July 15, 2022, through August 30, 2022.
T
he City received five written comment letters during the public circulation period. All comments have been fully responded to in the Final EIR. A summary of the public comments received on the Draft EIR is provided in the Planning Commission staff report, as well as information on responses to the comments.
T
he Draft EIR and Final EIR are available for review on the project page on the City’s Active EIR website at: https://www.sanjoseca.gov/your-government/departments-offices/planning- building-code-enforcement/planning-division/environmental-planning/environmental- review/active-eirs/cp20-020-1881-west-san-carlos-project.
A copy of the signed Mitigated Monitoring Reporting Program is attached to the proposed CEQA resolution.
P
UBLIC SUBSIDY REPORTING
T
his item does not include a public subsidy as defined in section 53083 or 53083.1 of the California Government Code or the City’s Open Government Resolution. /s/
C
HRISTOPHER BURTON, Secretary
Planning Commission
F
or questions, please contact Robert Manford, Deputy Director, at (408) 535-7900.
A
ttachment: Planning Commission Staff Report
PLANNING COMMISSION AGENDA: 12-14-22
ITEM: 5.a.
TO: PLANNING COMMISSION FROM: Christopher Burton
SUBJECT: Burbank 44, C20-011 & ER20-146 DATE December 14, 2022 _______ ____
COUNCIL DISTRICT: 6
Type of Permit Annexation and Pre-zoning
Applicant / Owner Oak Glen Ventures, LLC
Location Northeast corner of West San Carlos Street and Brooklyn Avenue (1883-1887, 1891-1995, 1897-1899 West San
Carlos Street, and 13 Boston Avenue)
Assessor Parcel Nos. 274-16-050, 052, 053, 069 & 070
Existing Zoning Unincorporated
Proposed Zoning Mixed Use Commercial
General Plan Land Use Designation Mixed Use Commercial
Growth Area West San Carlos Urban Village
Historic Resource The buildings at 1883-1887 West San Carlos Street and 1891-1895 West San Carlos Street are eligible for listing in the San José Historic Resources Inventory as Candidate
City Landmarks.
Annexation Date N/A
Annexation Acreage 0.895-gross acres
Pre-zoning Acreage 0.895-gross acres
Project Planner Angela Wang
CEQA Clearance Environmental Impact Report for the 1881 West San Carlos Project (Burbank 44/C20-011/ CP20-020/T20-016),
State Clearinghouse No. 2020120059
CEQA Planner Reema Mahamood
RECOMMENDATION
Staff recommends that the Planning Commission recommend the City Council to t ake all of the following actions regarding the project site located on the northeast corner of West San Carlos Street and Brooklyn Avenue (1883-1887, 1891-1995, 1897-1899 West San Carlos Street, and 13 Boston Avenue) (“Project Site”):
1. Adopt a Resolution certifying the Environmental Impact Report (EIR) for the 1881 West San Carlos Project (SCH #2020120059), make certain findings concerning significant impacts, mitigation Attachment
File Nos. Burbank 44, C20-011 & ER20-146
measures, alternatives, and adopt a Statement of Overriding Considerations and a related Mitigation Monitoring and Reporting Plan, in accordance with the California Environmental Quality Act (CEQA).
2. Approve an ordinance pre-zoning an approximately 0.895-gross acre site in Santa Clara County unincorporated territory designated as Burbank No. 44 into the Mixed Use Commercial Zoning District.
3. Adopt a resolution initiating proceedings and scheduling January 31, 2023, for City Council consideration of the reorganization of territory designated as Burbank No. 44, which involves the annexation to the City of San José of approximately 0.895-gross acres of land from Santa Clara County unincorporated territory and the detachment of the same from the appropriate special districts, excepting the Burbank Sanitary District.
PROJECT BACKGROUND
As shown on the attached Vicinity Map (Exhibit A), the Project Site is located within an unincorporated area of Santa Clara County on the northeast corner of West San Carlos Street and Brooklyn Avenue (1883-1887, 1891-1995, 1897-1899 West San Carlos Street, and 13 Boston Avenue). This approximately
0.895-gross acre site consists of five lots, APNs 274-16-050, 052, 053, 069 & 070, and is currently developed with three connected commercial buildings along West San Carlos Street and the associated parking lot at rear.
The Project Site is surrounded by commercial buildings to the east and to the east across Boston Avenue, multifamily residential and a parking lot to the north, a parking lot and a commercial building to the west across Brooklyn Avenue, and commercial buildings to the south across West San Carlos Street.
SURROUNDING USES
General Plan Zoning District Existing Use
North Mixed Use Commercial &
Residential Neighborhood
Mixed Use Commercial &
N/A – Unincorporated San
Jose (County of Santa Clara)
Parking lot and multifamily
residential
South Mixed Use Commercial &
Urban Village
Mixed Use Commercial &
N/A – Unincorporated San
Jose (County of Santa Clara)
Commercial
East Mixed Use Commercial Mixed Use Commercial Commercial West Mixed Use Commercial Mixed Use Commercial Commercial
File Nos. Burbank 44, C20-011 & ER20-146
On July 13, 2020, the architect, Salvatore Caruso, on behalf of Oak Glen Ventures, LLC, submitted the following four Planning applications:
• Annexation, File No. Burbank 44, to allow the annexation of the approximately 0.895-gross acre site into City of San José jurisdiction from the unincorporated Santa Clara County jurisdiction on the project site situated on the northeast corner of West San Carlos Street and Brooklyn Avenue (1883- 1887, 1891-1995, 1897-1899 West San Carlos Street, and 13 Boston Avenue). • P re -zoning, File No. C20-011, to pre-zone the above unincorporated area to Commercial Pedestrian Zoning District (the proposed zoning district was later changed to Mixed Use Commercial per City’s request during the review).
• C onditional Use Permit (CUP), File No. CP20-020, to allow the demolition of all existing structures on site for the construction of a 7-story, approximately 227,617-square foot mixed-use development consisting of a 246-bed, 125,262-square foot Residential Care Facility for the Elderly (RCFE), 61 multifamily residential units, and 6,000 square-foot ground floor retail space with alternative parking (stackers) on the ground floor and in the basement on an approximately 1.23- gross acre site consisting of seven lots including the above five unincorporated lots and two lots within the City Limits.
• V esting Tentative Map, File No. T22 -016, to merge the existing seven lots into one lot and allow one lot subdivision for condominium purpose to include up to 61 residential condominium units, one senior care facility unit, four commercial condominium units, and one basement parking garage condominium unit (for retail and residential) on the 1.23-gross acre site.
The map below shows the Annexation boundary and the Conditional Use Permit boundary. The area in red lines is the 1.23-acre Conditional Use Permit area, and within this boundary, the area in grey is the unincorporated area proposed to be annexed to the City of San Jose.
File Nos. Burbank 44, C20-011 & ER20-146
The annexation application includes the detachment from the appropriate districts including the Central Fire Protection District, Santa Clara County Lighting Service Area, and Santa Clara County Library Services. The project site would remain in the Burbank Sanitary District.
Only the Annexation and Pre-zoning components of the project are being considered at this time, as Section 20.120.300
of the Zoning Code does not allow the public hearing notice for the related Planning permits (Conditional Use Permit application (CP20-020) and Vesting Tentative Map application (T22-016) to proceed until after the Annexation is certified by the Local Agency Formation Commission of Santa Clara County (LAFCO)) when the site would be consider part of the City of San Jose. The CUP and Tentative Map will therefore be scheduled for public hearing by the Planning Commission, after the annexation has been certified by LAFCO. The analysis of CP20-020 and T20-016 is therefore not included in this staff report but will be analyzed in the staff report for the subsequent Planning Commission hearing.
For purposes of CEQA compliance, the Environmental Impact Report (EIR) was required to analyze all the separate discretionary actions and planning activities associated with project entitlement and development of the 1.23-acre site, including the pre-zoning, annexation, CUP, and tentative map. The EIR identified significant and unavoidable project impacts related to:
• Cultural Resources: The buildings at 1883-1887 West San Carlos Street and 1891-1895 West San Carlos Street are eligible for listing in the San José Historic Resources Inventory as Candidate City Landmarks. Demolition of these buildings would result in a significant unavoidable impact. • Cumulative Cultural Resources: Demolition of the structures at 1883-1887 West San Carlos Street and 1891-1895 West San Carlos Street, which are eligible as Candidate City Landmarks, would constitute a cumulatively considerable impact to the historic structures associated with the Burbank community.
As analyzed in the EIR, there are no feasible mitigation measures to reduce the impact to the cultural resources that would also meet the project objectives to construct the mixed-use project. The EIR was prepared in accordance with Title 21 of the San José Municipal Code and the California Environmental Quality Act of 1970, as amended (CEQA). A statement of overriding consideration is required for environmental impacts that cannot be reduced to a less than significant level. Pursuant to Section
21.07.020
of the San José Municipal Code, the Planning Commission is required to make recommendations to the City Council for projects requiring an EIR and a statement of overriding consideration. Therefore, the EIR, the annexation and pre-zoning applications are before the Planning Commission for a recommendation to the City Council.
ANALYSIS
The proposed Annexation and Pre-zoning have been analyzed with respect to consistency with:
1. Envision San José 2040 General Plan
2. Municipal Code – Zoning Ordinance
3. City Council Policies
4. California Environmental Quality Act (CEQA)
File Nos. Burbank 44, C20-011 & ER20-146
Envision San José 2040 General Plan Consistency
As shown in the attached General Plan Map (Exhibit B), the subject site has an Envision San Jose 2040 General Plan designation of Mixed-Use Commercial. The site is also within the West San Carlos Urban Village boundary. This designation is intended to accommodate a mix of commercial and residential uses with an emphasis on commercial activity as the primary use and residential activity allowed in a secondary role. New development on a property with this designation should accordingly include commercial space equivalent to at least a 0.5 FAR (Floor Area Ratio) for the property with a typically appropriate overall FAR of up to 4.0, allowing for medium-intensity development. Consistent with the General Plan, residential density is allowed up to 50 DU/AC in the Mixed-Use Commercial designation.
Appropriate commercial uses include neighborhood retail, office, medium-scale hospitals or other health facilities, and medium-scale private community gathering facilities.
Analysis: The MUC Mixed Use Commercial Zoning District is intended to implement the Mixed Use Commercial general plan land use designation. Therefore, the pre-zoning of the site to Mixed Use Commercial (MUC) Zoning District is the conforming district to this General Plan land use designation.
The proposed pre-zoning is also consistent with the following General Plan policies:
a. Fiscally Sustainable Land Use Framework Policy FS-3.9: Per City, County and LAFCO policy, locate existing and future urban development within city boundaries. Implement this policy through San José’s existing agreement with Santa Clara County which requires that unincorporated properties within the Urban Service Area either annex to the City, if possible, or execute a deferred annexation agreement prior to approval of development. b. I
mplementation Policy IP -1.1 Land Use/Transportation Diagram: Use the Envision General Plan Land Use/Transportation Diagram designations to indicate the general intended land use, providing flexibility to allow for a mix of land uses, intensities and development forms compatible with a wide variety of neighborhood contexts and to designate the intended roadway network to be developed over the timeframe of the Envision General Plan. Use the Zoning designation to indicate the appropriate type, form and height of development for particular properties.
c. I
mplementation Policy IP -1.7 Land Use/Transportation Diagram: Ensure that proposals to rezone and prezone properties conform to the Land Use / Transportation Diagram, and advance Envision General Plan vision, goals and policies.
d. I
mplementation Policy IP -8.2- Zoning: 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.
File Nos. Burbank 44, C20-011 & ER20-146
Analysis:
The Project Site is within the City’s Urban Growth Boundary and Urban Service Area and is connected to parcels and streets that are within the boundary of the City of San José. The MUC zoning district is a conventional zoning district. Pursuant to Table 20-270 of the Zoning Ordinance Section 20.120.110, the MUC Zoning District is a conforming zoning district to Mixed Use Commercial General Plan Land Use designation. The MUC Zoning District also enforces projects within adopted Urban Villages to comply with the adopted Urban Village plan.
Zoning Ordinance Conformance
As shown in the attached Zoning Map (Exhibit C), the subject site is currently located in an unincorporated area of Santa Clara County and is not within an existing City zoning District. The Pre- Zoning would pre-zone the site to the Mixed Use Commercial (MUC) Zoning District. This proposed pre- zoning conforms with Table 20-270 of the Zoning Ordinance Section 20.120.110 as discussed above, which identifies the MUC Zoning District as a conforming district to the MUC General Plan Land Use/Transportation Diagram land use designation.
The MUC Zoning District would allow the Project Site to be developed in accordance with the allowable uses listed in Table 20-138 under Zoning Ordinance Section 20.55.203, and to be consistent with the MUC General Plan land use designation and conform with the West San Carlos urban village Plan.
The proposed project includes annexation of the approximately 0.895 gross acres of unincorporated Santa Clara County to the City of San José, including detachment from the Central Fire Protection District, Santa Clara Lighting Service Areas and Santa Clara County Library Services. Upon completion of the annexation proceedings, the subject site would be eligible to connect to City services, and the aforementioned MUC zoning would be effective.
The annexation proceedings are being conducted pursuant to California Government Code Section 56757, which designates the City Council of the City of San José as the conducting authority. A full report regarding the proposed annexation will be provided to the City Council for the January 31, 2022 hearing.
City Council Policy Consistency
City Council Policy 6-30: Public Outreach Policy for Pending Land Use Development Proposals As indicated above, the annexation and pre-zoning are to facilitate a mixed-use development (CP20- 020) which is currently under review. This mixed-use development would include 61 dwelling units therefore it is defined as a Large Development Proposal under this policy. Following City Council Policy 6-30, the required on-site signs have been posted onsite facing each street since December 2, 2020, to inform the neighborhood of the project. A Joint Environmental Scoping and Community Meetings was held on December 17, 2020, via Zoom. Approximately 18 people attended the meeting. Public Notices of the community meeting and public hearing were distributed to the owners and tenants of all properties located within 1,000 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.
File Nos. Burbank 44, C20-011 & ER20-146
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
A Draft Environmental Impact Report (DEIR), State Clearinghouse No. 2020120059, was prepared for the 1881 West San Carlos Project (Burbank 44/C20-011/ CP20-020/T20-016/ER20-146) in compliance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines. The DEIR was circulated for public review and comment from July 15, 2022, through August 30, 2022.
An EIR was prepared because of the potential for significant and unavoidable impacts to cultural resources, namely, the buildings at 1883-1887 West San Carlos Street and 1891-1895 West San Carlos Street which are eligible for listing in the San José Historic Resources Inventory as Candidate City Landmarks. Demolition of these buildings under the proposed project would result in a significant unavoidable impact. While implementation of Mitigation Measures CUL-1.1 and CUL-1.2 would lessen the impact, the impact would remain significant and unavoidable.
Mitigation measures were developed to lessen the following impacts to less than significant levels:
exposure of sensitive receptors to toxic air contaminants during construction, disturbance and/or destruction of nesting migratory birds during construction, exposure of sensitive receptors to construction noise for more than one year, and exposure of neighboring historic buildings that could potentially be impacted by vibration during construction.
Standard Permit Conditions are also required to ensure no impacts occur during construction and operation of the project. These Standard Permit Conditions include best management practices for construction related air quality impacts, protection of nesting migratory birds, compliance with the Santa Clara Valley Habitat Plan, protection of unknown subsurface cultural resources and human remains, erosion control during construction activities, water quality impacts during construction, best management practices to control noise during construction, and achieving an interior noise level of less than 45 dBA DNL after construction.
The project includes Conditions of Approval of the project for maintaining an interior noise standard of less than 45 dBA, maintaining any trees planted in the public right-of-way, and installing red curb markings on either side of the project driveway to ensure clear sight lines for drivers exiting the project site.
DEIR Recirculation Unnecessary
The Draft EIR was circulated for public review for 45 days consistent with CEQA Guidelines Section 15132 starting on July 15, 2022 and ending on August 30, 2022.
A First Amendment to the DEIR was prepared that provided responses to public comments submitted during the public circulation period and revisions to the text of the DEIR.
A total of five comment letters were received.
Staff responded to the comments and questions in the First Amendment and none of the comments raised represents new significant information that would warrant recirculation of the Draft EIR pursuant to CEQA Guidelines Section 15088.5(a). The recirculation of an EIR is required when significant new information is added to the EIR after public notice is given of the availability of the Draft EIR for public review but before certification. “Information” can include changes in the project or environmental setting as well as additional data or other information. New information added to a Draft EIR is not “significant” unless the Draft EIR is changed in a way that deprives the public of meaningful opportunity to comment on a substantial adverse environmental effect of the project or a feasible way to mitigate or avoid such an effect (CEQA Guidelines Section 15088.5).
File Nos. Burbank 44, C20-011 & ER20-146
Final EIR
The First Amendment was posted on the City’s website on December 2, 2022, and all commenters were notified via email of the document’s availability. The Draft Environmental Impact Report (DEIR) and First Amendment are available for public review on the City’s website:
https://www.sanjoseca.gov/your-government/departments/planning-building-code- enforcement/planning-division/environmental-planning/environmental-review/active-eirs.
The First Amendment together with the DEIR constitute the Final Environmental Impact Report (FEIR) for the proposed project.
Statement of Overriding Considerations
The proposed project would result in the following benefits:
• Develop approximately 61 housing units to achieve the Envision San José 2040 General Plan goals of providing housing at higher densities and the City’s West San Carlos Urban Village Plan by increasing employment and residential capacities
• Provide 246 senior care beds that responds to the needs of the community including seniors and families in keeping with the Envision San José 2040 General Plan policies for social equity and diversity and the development of multi-generational housing • Create “new commercial and mixed uses to enhance the circulation within the village”, by creating active retail on the ground floor uses along West San Carlos Street as envisioned in the West San Carlos Urban Village Plan
• Support the City’s environmental stewardship goals by providing a modern LEED building with sustainable energy and water usage, natural ventilation and electric vehicle parking • Create a senior care facility and ground floor retail to emphasize economic development within the City to support San José’s growth as a center of innovation and regional employment • Promote the development of Urban Villages to provide active, walkable, bicycle-friendly, transit- oriented, mixed-use urban settings for new housing and job growth activity to an innovative workforce and consistent with the General Plan’s environmental goals • Intensify an existing low-density land use into high-density, mixed-use urban commercial and residential per the Urban Village Plan
• Provide bicycle parking for residents to help support the goals of the Envision San José 2040 General Plan
• Provide a Transit Demand Management (TDM) Program to reduce vehicle trips and parking demand by promoting the use of multimodal transportation options including a ride-share program.
The overriding considerations set forth above constitute a separate and independent grounds for finding that the benefits of the Project outweigh its significant unavoidable environmental impacts.
These matters are supported by evidence in the record that includes, but is not limited to, the Envision San José 2040 General Plan and the West San Carlos Urban Village Plan.
File Nos. Burbank 44, C20-011 & ER20-146
PUBLIC OUTREACH
Staff followed Council Policy 6-30: Public Outreach Policy to inform the public of the proposed project.
Three on-site signs were posted on the property since December 2020. A Joint Environmental Scoping and Community Meetings was held on December 17, 2020, via Zoom. There were approximately 18 members of the public attended the meeting. Two speakers were in favor of the project and the rest asked questions and expressed concerns. Comments and concerns were mainly about the development proposal (CP20-020). Below is a summary of the comments and responses.
December 17, 2020 Virtual Community Meeting
Number of Attendees: 18 +/-
Major Comments and Concerns
Parking: Concerns about overflow parking to streets and the lift parking system.
Sanitary Sewer: How will this project impact sanitary sewer system? Will the sewer fees be increased due to this project?
School: How will local school bonds be impacted by the city becoming part of the City? Historic Resources: Has a historic resources survey been conducted? Request more information about the existing buildings on site.
CEQA: How will the environmental impacts of project be analyzed? Building Design: Concerns about the massing/height compatibility to the adjacent two-story buildings.
Construction impact
Parking:
The proposed mixed-use development (CP20-020) is required to meet the minimum parking requirement per Zoning Code.
Sewer:
The project site would remain in Burbank Sanitary District (BSD). The sanitary sewer fees will be assessed by BSD. The City would collect the storm sewer fees.
School:
The developer would be required to pay school fees prior to obtaining the building permit. District Bonds would be a decision of the school district.
Building Design:
The mixed-use development is required to comply with the design guidelines included in the West San Carlos Urban Village Plan, including the height transition requirement. The detail analysis will be provided in the staff report for the second Planning Commission hearing.
Construction Impact:
The Conditional Use Permit, CP20-020 will include construction conditions and mitigation measures to minimize the construction impact.
File Nos. Burbank 44, C20-011 & ER20-146
Environmental Impact Analysis:
An EIR was prepared and circulated as discussed above.
Historic Resources:
A Historic Evaluation of the existing buildings was prepared and two of the existing buildings are identified as eligible City Landmarks. The EIR concludes that the project would result in significant and unavoidable impact to the cultural resources due to the demolition of the Candidate City Landmarks.
Project Managers: Angela Wang
Approved by: /s/ Robert Manford, Deputy Director for Christopher Burton, Planning Director
ATTACHMENTS:
Exhibit A: Vicinity Map, Aerial
Exhibit B: General Plan Land Use Designation
Exhibit C: Existing Zoning Map
Exhibit D: Proposed Zoning Map
Exhibit E: Burbank No. 44 Annexation Initiating Resolution Exhibit F: C20-011 Pre-zoning Ordinance
Exhibit G: Environmental Impact Report Resolution and Mitigation Monitoring and Reporting Program (MMRP)
Exhibit H: County Certified Burbank 44 Annexation Boundary Exhibit I: C20-011 Pre-zoning Plat Map and Legal Description
Applicant/Owner of
1891 West San Carlos St (APN
274-16-053)
Owner of 1883 W San Carlos St &
13 Boston Ave
(APN 274-16-050, and 052)
Owner of
1899 W San Carlos St
(APN 274-16-069, and 070)
Oak Glen Ventures, LLC
305 Vineyard Town Center, #228
Morgan Hill, CA 95037
Paul Dorsa & Linda Dorsa
Trustees
140 W Main St
Los Gatos, CA 95030
James V. Thomason & Pat
Thomas Trustees
37269 N Wild Barley Path
San Tan Valley, AZ 85140
File Nos. Burbank 44, C20-011 & ER20-146
Exhibit A: Vicinity Map/Aerial
File Nos. Burbank 44, C20-011 & ER20-146
Exhibit B: General Plan Land Use Designation
File Nos. Burbank 44, C20-011 & ER20-146
Exhibit C: Existing Zoning Map
File Nos. Burbank 44, C20-011 & ER20-146
Exhibit D: Proposed Zoning Map
Burbank 44 (Annexation), C20-011 & ER20-146
Links to Attachment E-I
Click on the title to view document
Exhibit E: Burbank No. 44 Annexation Initiating Resolution Exhibit F: C20-011 Pre-zoning Ordinance
Exhibit G: Environmental Impact Report Resolution and Mitigation Monitoring and Reporting Program (MMRP)
Exhibit H: County Certified Burbank 44 Annexation Boundary Exhibit I: C20-011 Pre-zoning Plat Map and Legal Description Public Correspondence received after 12/7/22