Item 10.2
West San Carlos Annexation and Pre-zoning
(File Nos. Burbank 44 & C20-011)
February 28, 2023
Presenter: Christopher Burton, PBCE Director
•Burbank 44: Annexation of
five parcels within the
unincorporated area of Santa
Clara County into the City of
San Jose
•C20-011: Pre-zoning five
parcels (0.895-gross acre
site) to the MUC Mixed-Use
Commercial Zoning District
PROPOSED
Annexation & Pre-zoning Boundary
www.sanjoseca.gov/planning
1 www.sanjoseca.gov/planning
Development Permit Boundary
Two associated development
permits currently on file will be
considered by the Planning
Commission after LAFCO
certifies the annexation:
• CP20-020: Conditional Use Permit
to allow the demolition of all the
existing buildings for a mixed-use
development on a 1.25-acre site.
• T20-016: Tentative Map to merge
all existing seven lots to one lot
and subdivide it to condominium
units.
2 General Plan and Proposed Zoning
www.sanjoseca.gov/planning
General Plan Land Use Designation:
MUC Mixed-Use Commercial (within
West San Carlos Urban Village Plan area)
Proposed Zoning District:
MUC Mixed-Use Commercial
3 www.sanjoseca.gov/planning
Annexation and Pre-zoning Review
• LAFCO/County coordination: The annexation boundary has been certified by County Surveyor.
• Special districts coordination: The site will remain in Burbank Sanitation District.
• Community meeting
• General Plan consistency
• Zoning Ordinance conformance
• City Council Policy consistency
4 Environmental Review - Overview
• December 3, 2020 – NOP published
• December 17, 2020 – EIR Scoping Meeting
• July 15, 2022 – August 30, 2022 Draft EIR Public Comment Period o Comments were received from DTSC, PACSJ, County Roads and Airports, Valley Water, and a member of the public
• December 2, 2022 – First Amendment Published and Commenters Notified
www.sanjoseca.gov/planning
5 Environmental Impacts
• Impacts that can be mitigated to below significance thresholds with implementation of mitigation measures
o Construction air quality
o Potential damage to nesting birds during construction o Potential hazards from residual agricultural chemicals in the soil o Construction noise and vibration
o Project Vehicle Miles Traveled
• The following impact will exceed the significance threshold even with the application of mitigation measures
o Demolition of historic resources determined to be Candidate City Landmarks
www.sanjoseca.gov/planning
6 Project Alternatives
The EIR evaluated the following alternatives:
• Location Alternative
• Preservation Alternative 1—Relocation and preservation of historic resources off-site
• No Project Alternative
• Preservation Alternative 2—Preservation of historic resources on-site • Preservation Alternative 3—Preservation of 1891-1895 West San Carlos Street Building On-Site
• Preservation Alternative 4 – Preservation of 1883-1887 West San Carlos Street Building On-Site
Preservation Alternative 2 would avoid the significant and unavoidable impact to cultural resources
www.sanjoseca.gov/planning
7 Draft EIR Comments
• Comments raised during public circulation:
o Annexation of roads because the project has frontage along County-maintained roads o Management of potential hazardous materials in soil and groundwater during construction
o Clarifications to the Hydrology and Water Quality existing setting o Encourage the preservation and adaptive reuse of the historic resources • These comments were addressed in the First Amendment to the Draft EIR.
None of these comments raise new significant issues and recirculation of the EIR is not required.
www.sanjoseca.gov/planning
8 Staff Recommendation
www.sanjoseca.gov/planning
• 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, alternatives, and adopt a Statement of Overriding Considerations and a related Mitigation Monitoring and Reporting Plan, in accordance with the California Environmental Quality Act.
• Adopt an ordinance pre-zoning an approximately 0.895-gross acre site in Santa Clara County unincorporated territory into the Mixed-Use Commercial Zoning District. • Adopt a Resolution initiating proceedings and scheduling March 28, 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. 9 Q&A / Discussion
10 Item 10.2
West San Carlos Annexation & Pre-zoning (File Nos. Burbank 44 & C20- 011)
February 28, 2023
Presenter: Christopher Burton, PBCE Director
11