TO: HONORABLE MAYOR FROM: Planning Commission
AND CITY COUNCIL
SUBJECT: SEE BELOW DATE: March 6, 2023
COUNCIL DISTRICT: 8
SUBJECT: FILE NOS C20-012, SP20-024, & ER20-147. CONVENTIONAL REZONING FROM THE R-1-5 SINGLE-FAMILY RESIDENCE ZONING DISTRICT TO
THE PQP PUBLIC/QUASI-PUBLIC ZONING DISTRICT AND A SPECIAL USE PERMIT TO ALLOW THE REMOVAL OF 21 TREES (20
ORDINANCE-SIZE, ONE NON-ORDINANCE-SIZE, 75 REPLACEMENT
TREES) FOR THE CONSTRUCTION OF AN APPROXIMATELY 13,902-
SQUARE FOOT PRIVATE GATHERING FACILITY (WAT KHMER
BUDDHIST TEMPLE) WITH AN ALTERNATIVE PARKING
ARRANGEMENT ON AN APPROXIMATELY 1.86-GROSS-ACRE SITE.
PLANNING COMMISSION RECOMMENDATION
On February 22, 2023, the Planning Commission voted 8-1-0 to recommend that the City Council take all of the following actions:
1. Adopt a resolution certifying the Wat Khmer Kampuchea Krom Temple Project Environmental Impact Report, and adopting a related Mitigation Monitoring and Reporting Plan, in accordance with the California Environmental Quality Act (CEQA); and
2. Adopt an ordinance rezoning an approximately 1.86-gross-acre site, located on the northeast corner of Ruby Avenue and Norwood Avenue, from the R-1-5 Single-Family Residence Zoning District to the PQP Public/Quasi-Public Zoning District; and
3. Adopt a resolution approving, subject to conditions, a Special Use Permit to allow the removal of 21 trees (20 ordinance-size, one non-ordinance-size, with 75 replacement trees) and for the construction of an approximately 13,902-square foot private gathering facility (Wat Khmer Buddhist Temple) with an alternative parking arrangement on an approximately
1.86-gross-acre site.
SUMMARY AND OUTCOME
If the City Council approves the actions as recommended by the Planning Commission, then the applicant will be able to construct an approximately 13,902-square-foot private gathering facility COUNCIL AGENDA: 3/28/23
FILE: 23-444
ITEM: 10.4
HONORABLE MAYOR AND CITY COUNCIL
March 6, 2023
Subject: File Nos. C20-012, SP20-024 & ER20-147 - Conventional Rezoning and Special Use Permit on Certain Real Property Located at 2740 Ruby Avenue
with an alternative parking arrangement and remove 21 trees on an approximately 1.86-gross- acre site.
BACKGROUND
On July 15, 2020, the applicant submitted a Rezoning and Special Use Permit application for the rezoning of the subject site from the R-1-5 Single-Family Residence Zoning District to the PQP Public/Quasi-Public Zoning and to allow the construction of an approximately 13,902-square foot private gathering facility (Wat Khmer Buddhist Temple) with an alternative parking arrangement (valet parking) on an approximately 1.86-gross-acre site.
The first submittal of the application included a temple and ancillary buildings totaling 17,749 square feet and 42,410 square feet below-ground parking. After two community meetings and comments from the community, the applicant reduced the project size and removed the underground parking to address their concerns about a more compatible project scale for the neighborhood.
Standard weekday and weekend operations would occur between 7:00 AM and 10:00 PM.
Standard weekday events (such as prayer, adult classes, meditation, meals, etc.) would include eight on-site residents, including monks, and approximately 18 visitors. Standard weekend events (such as lectures, lunch, evening offerings, prayer, etc.) would include eight on-site residents and approximately 50 visitors. Special events and holidays would have up to 300 visitors (not including the eight residents) and would be limited to the hours of 6:00 AM and 12:00 midnight. The events would typically not occur after 10:00 PM. Cleanup may occur between 10:00 PM and 12:00 midnight.
The project includes the outdoor use of religious shrines and sacred spaces. Meditation and reflection may also occur outside. Amplified sound may occur during special events and holidays. The project includes vehicular and pedestrian gates to access the site. The vehicular gate will remain open during the hours of operation.
The project includes 52 standard on-site parking spaces. The project includes an alternative parking arrangement of valet parking to accommodate an additional 15 parking spaces on-site, for a total of 67 spaces. For special events and holidays, the project includes off-site parking utilized through an on-site loading zone with valet parking. Visitors would use the on-site loading zone to utilize the valet parking which would park the vehicles in the on-site valet parking spaces or at an off-site parking lot.
ANALYSIS
Analysis of the Conventional Rezoning and Special Use Permit, including conformance with the Envision San José 2040 General Plan, Municipal Code, Commercial Design Guidelines,
HONORABLE MAYOR AND CITY COUNCIL
March 6, 2023
Subject: File Nos. C20-012, SP20-024 & ER20-147 - Conventional Rezoning and Special Use Permit on Certain Real Property Located at 2740 Ruby Avenue
applicable City Council Policies, a summary of the CEQA clearance is contained in the attached staff report to the Planning Commission (see Exhibit A)
The recommendation in this memorandum aligns with one or more Climate Smart San José goals. The project would increase the density of new development with the provision of 8 residences for the monks that would live on site full-time.
EVALUATION AND FOLLOW-UP
Should the City Council adopt the resolution certifying the Environmental Impact Report and approve the Rezoning and Special Use Permit, the applicant would be allowed to proceed to the Department of Public Works and the Building Division for grading and building permits.
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 March 28, 2023 City Council meeting. Staff followed Council Policy 6-30: Public Outreach Policy in order to inform the public of the proposed project. Due to public interest in the proposed project, two community meetings were held. The first community meeting was held on August 19, 2020, and the second community meeting with a joint EIR scoping meeting was held on June 2, 2021. An on-site sign was posted on the project frontage on February 17, 2020.
Community concerns included compatibility with, and impacts to, the surrounding neighborhood, providing surface parking instead of underground parking, operational noise, lack of parking, overflow parking in the street, pedestrian safety, and construction impacts.
A notice of the public hearing was 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.
PLANNING COMMISSION RECOMMENDATION AND INPUT
On February 22, 2023, the Planning Commission held a Public Hearing to consider the resolution to certify the Environmental Impact Report and approve the Conventional Rezoning and Special Use Permit. The Planning Commission recommended that the City Council adopt the resolutions
HONORABLE MAYOR AND CITY COUNCIL
March 6, 2023
Subject: File Nos. C20-012, SP20-024 & ER20-147 - Conventional Rezoning and Special Use Permit on Certain Real Property Located at 2740 Ruby Avenue
certifying the Environmental Impact Report, approve the subject Special Use Permit, and consider the staff recommendation on the associated Historic Preservation Permit.
Staff Presentation
Alec Atienza, Planning Project Manager, provided a brief presentation on the proposed project.
Staff presentation included an overview of the project’s conformance with the Envision San José 2040 General Plan, the Municipal Code, State Density Bonus Law, Downtown Design Guidelines and Standards, City Council Policy 6-30: Public Outreach, and CEQA.
Public Hearing
The applicant group represented by Lyna Lam and Jennifer Johnson provided a brief introduction and presentation. The presentation included information on the Cambodian American Community, the history and changes made to the project, and the project features. The applicant group requested that the Planning Commission recommend approval of the project to the City Council.
Sixty-six members of the public spoke on the project. Forty-nine members of the public spoke in support of the project and 17 members of the public spoke against the project. Those that spoke against the project cited concerns related to neighborhood compatibility issues, lack of parking, the size and scale of the proposed building compared to surrounding single-family residences, increased traffic congestion, noise, incompatibility with the General Plan, lack of available alternative transportation options, the provision of a designated smoking area, alcohol consumption during large events, and inaccuracy of the operations plan. Those that spoke in favor of the project cited the number of existing churches and temples in the nearby area that are adjacent to existing residences, the need for a formal gathering space for the Khmer Buddhist community, the addition of diversity to the neighborhood, the amount of community outreach that was done with the surrounding neighborhood, the project’s reduction in scale compared to the original proposal, and the project’s overall compatibility with the surrounding neighborhood.
After members of the public spoke, Erik Schoennauer, a representative of the applicant, provided a second brief presentation. Mr. Schoennauer reiterated the significant amount of community engagement that was conducted throughout the process including City led community meetings, applicant-led meetings, and meetings with individual neighbors. Mr. Schoennauer noted that the meetings resulted in a reduction in the project square footage, the removal of previously proposed underground parking, and the addition of a perimeter sound wall and landscaping. Mr.
Schoennauer also provided examples of other temples and places of worship within the Evergreen area that are also adjacent to single-family residences.
Commissioner Discussion
Commissioner Barocio asked why the staff position on the rezoning had changed between the first initial preliminary review that was completed in 2018 and their support for the rezoning
HONORABLE MAYOR AND CITY COUNCIL
March 6, 2023
Subject: File Nos. C20-012, SP20-024 & ER20-147 - Conventional Rezoning and Special Use Permit on Certain Real Property Located at 2740 Ruby Avenue
now. Mr. Schoennauer noted that the previous preliminary review considered a rezoning to increase the residential density of the site, not for a temple project. Deputy Director Robert Manford also noted that the project had changed significantly since it was first brought before the Planning staff, and therefore the staff position has since changed.
Commissioner Young noted that he had visited the site and considered the site to be large enough to accommodate the project. Commissioner Young also stated that Ruby Avenue is 75 feet wide and Norwood Avenue is 45 feet wide and that both streets could adequately accommodate the kind of traffic that the project is expected to generate. He also noted that the location of the building closest to the street corner would result in the least interference with neighboring properties. He also mentioned that many of the houses in the surrounding neighborhood were two stories with heights of 35 feet and that the proposed steeple is typical of churches, but the roof of the temple would only reach a height of 43 feet. Lastly, Commissioner Young asked the staff if the project would be required to construct a roundabout at the intersection of Ruby Avenue and Norwood Avenue. Staff responded that the project would be required to construct the roundabout and that the applicant would be partially reimbursed by the City for the cost of construction. Commissioner Young asked what recourse the neighbors would have if the applicants did not comply with the conditions of their Special Use Permit. Staff responded that the neighbors have the option to submit a code case to the City’s Code Enforcement division in the event that the applicant violates any conditions of their permit. Commissioner Young stated that he would support the project.
Commissioner Cantrell asked the applicant if valet parking was provided on site. The applicant confirmed that valet parking would be provided on site but would only be used during large events. The applicant noted that for normal operations, the parking is adequate. Commissioner Cantrell also asked if the landscaping on site would be irrigated. The applicant confirmed that the site would be fully irrigated, but that the property is not served by a reclaimed water line.
Commissioner Cantrell also asked the applicant to identify the precise location of the designated smoking area. The applicant identified the smoking area is located to the north of the garden area and that the smoking area would be required to comply with all City regulations for designated smoking areas with regard to distance from residences, doors, and windows. The applicant also noted that the purpose of providing a designated smoking area was to avoid having smokers use the street or sidewalk, which is closer to nearby residences. Lastly, Commissioner Cantrell asked if there would be crossing guards employed during large events. The applicant said that they had not planned for that kind of staffing, but they would consider it.
Commissioner Garcia stated that he did not believe that the project fits with the neighborhood.
His concerns were that the number of attendees listed in the operations plan was too modest, there would be limited street parking available, the temple would be too close to the surrounding residences, the off-site parking arrangement with the nearby temple and schools is inadequate, and the service of alcohol on site during large events. He also questioned why the applicant chose this specific spot for this project. He noted that he would not support the project.
HONORABLE MAYOR AND CITY COUNCIL
March 6, 2023
Subject: File Nos. C20-012, SP20-024 & ER20-147 - Conventional Rezoning and Special Use Permit on Certain Real Property Located at 2740 Ruby Avenue
Commissioner Ornelas-Wise mentioned that the project would be making significant traffic improvements including sidewalks and the roundabout, which would be beneficial to the community. She also noted that other religious facilities often have events that include overflow parking and are able to function well. She also noted that the Cambodian community is also relatively small compared to many other religious groups which are able to practice in the area.
Commissioner Ornelas-Wise thanked the applicant for the extensive outreach and stated that she would support the project.
Commissioner Lardinois asked what the required number of parking spaces was per the Zoning Code. Staff responded that 66 parking spaces are required and 67 spaces are provided with the implementation of the alternative parking arrangement. Commissioner Lardinois also noted that the Planning Commission had previously voted to abolish parking minimums and did not think that parking was a reason to not approve the project. Commissioner Lardinois also noted that many different religious groups were able to come to San José throughout the City’s history and establish their facilities within neighborhoods and that this project should be no different.
Commissioner Casey asked if the applicant had originally proposed underground parking. Mr.
Schoennauer confirmed that underground parking was originally proposed but was removed at the request of the neighbors.
Chair Oliverio noted that if residential development was proposed here currently, the allowable density under current state law would also be out of character with the existing neighborhood.
The Chair also did note that there may be some friction between the neighborhood and the temple, particularly with parking, but that it would work overall with the community. Chair Oliverio also noted that he would support the project.
Commissioner Lardinois made a motion to recommend approval of the project. Commissioner Young seconded the motion.
The motion to recommend City Council approval of the project (8-1-0).
CEQA
The City of San José, as the Lead Agency, prepared an Environmental Impact Report (“EIR”) (State Clearinghouse No. 2021050524) for the Wat Khmer Kampuchea Krom Temple Project in compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines (California Code of Regulations §15000 et. seq.) and the regulations and policies of the City San José, California. The EIR evaluated the environmental impacts that might reasonably be anticipated to result from the implementation of the proposed project.
The draft EIR was circulated from August 23, 2022, to October 7, 2022 and approximately 30 comment letters were received during the public review period. Several recurring concerns were raised in the public comments, including noise during the construction and operation of the
HONORABLE MAYOR AND CITY COUNCIL
March 6, 2023
Subject: File Nos. C20-012, SP20-024 & ER20-147 - Conventional Rezoning and Special Use Permit on Certain Real Property Located at 2740 Ruby Avenue
project, traffic and parking, and neighborhood compatibility. The final EIR, including responses to comments received during the public review period, can be found at the following link:
https://www.sanjoseca.gov/your-government/departments-offices/planning-building-code- enforcement/planning-division/environmental-planning/environmental-review/active-eirs/wat- khmer-kampuchea-krom-temple-project-7548.
The EIR identified relevant mitigation measures for potential impacts to air quality during construction, nesting birds, hazards and hazardous materials from past uses on the site, and construction-related noise and vibration. In addition, standard permit conditions are made part of the permit approval. These standard permit conditions include best management practices for construction-related air quality impacts, tree replacement, compliance with the Santa Clara Valley Habitat Plan, compliance with the California Building Code for seismic safety of the proposed building, erosion control during construction activities, prehistoric and historic resources, protection of unknown subsurface cultural resources and human remains, protection of construction workers from hazards related to contaminated soils, water quality impacts during construction and operation periods, and best management practices to control noise during construction. The mitigation measures are included in the Mitigation Monitoring and Reporting Program (“MMRP”), and both the mitigation measures and standard permit conditions are made a part of the resolution of this permit. The EIR concluded that the project would not result in any significant and unavoidable environmental impacts with the implementation of identified mitigation measures and standard permit conditions.
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/
CHRISTOPHER BURTON
Secretary, Planning Commission
For questions, please contact Planning Official, Robert Manford, at (408) 535-7900.
The principal author of this memorandum is Planning Project Manager, Alec Atienza. For questions, please contact at (408) 535-7688.
ATTACHMENT:
Planning Commission Staff Report
PLANNING COMMISSION AGENDA: 2-22-2023
ITEM: 5.b
TO: PLANNING COMMISSION FROM: Christopher Burton
SUBJECT: C20-012, SP20-024 & ER20-147 DATE: February 22, 2023 ______________
COUNCIL DISTRICT: 8
Type of Permit Special Use Permit and Rezoning
Demolition N/A
Proposed Land Uses Private Gathering Facility (Church/religious assembly) New Residential Units N/A
New Square Footage 13,902 square feet
Additional Policy Review Items Parking Off-Site/Alternative Parking Arrangement Tree Removals 20 ordinance-size trees and one non-ordinance size tree Project Planner Alec Atienza
CEQA Clearance Environmental Impact Report
CEQA Planner Cort Hitchens
RECOMMENDATION
Staff recommends that the Planning Commission recommend that the City Council take all of the following actions:
1. Adopt a Resolution certifying the Wat Khmer Kampuchea Krom Temple Project Environmental Impact Report, and adopting a related Mitigation Monitoring and Reporting Plan, in accordance with the California Environmental Quality Act (CEQA); and
2. Adopt an Ordinance rezoning an approximately 1.86-gross-acre site, located on the northeast corner of Ruby Avenue and Norwood Avenue, from the R-1-5 Single-Family Residence Zoning District to the PQP Public/Quasi-Public Zoning District; and
3. Adopt a Resolution approving, subject to conditions, a Special Use Permit to allow the removal of 21 trees (20 ordinance-size, one non-ordinance-size, with 75 replacement trees) for the construction of an approximately 13,902-square foot private gathering facility (Wat Khmer Buddhist Temple) with an alternative parking arrangement on an approximately 1.86-gross-acre site.
PROPERTY INFORMATION
Location Northeast corner of Ruby Avenue and Norwood Avenue (2740 Ruby Avenue)
Assessor Parcel No. 652-29-014
General Plan Residential Neighborhood
Growth Area N/A
Existing Zoning R-1-5 Single-Family Residence
Proposed Zoning PQP Public/Quasi-Public
File No. C20-012 & SP20-024
Historic Resource No
Annexation Date Evergreen No. 1-B (Apr 22, 1960)
Council District 8
Acreage 1.86
Proposed Density N/A
Allowed FAR 0.7
Proposed FAR 0.17
PROJECT BACKGROUND
The project site is located on the northeast corner of Ruby Avenue and Norwood Avenue. The site is bordered by single-family residential uses on all sides of the property. The site is currently vacant.
On July 15, 2020, the applicant submitted a Rezoning and Special Use Permit application for the rezoning of the subject site from the R-1-5 Single-Family Residence Zoning District to the PQP Public/Quasi-Public Zoning and to allow the construction of an approximately 13,902-square foot private gathering facility (Wat Khmer Buddhist Temple) with an alternative parking arrangement on an approximately 1.86-gross- acre site.
The first submittal of the application included a temple and ancillary buildings totaling 17,749 square feet and 42,410 square feet below-ground parking. After two community meetings and comments from the community, the applicant reduced the project size and removed the underground parking to address their concerns about a more compatible project scale for the neighborhood.
Project Description
This Special Use Permit is to allow a private gathering facility (a Buddhist Temple) with an alternative parking arrangement (valet parking and off-site parking). The project includes eight on-site residents that include monks. The project includes a conventional rezoning from the R-1-5 Single-Family Residence Zoning District to the Public/Quasi-Public Zoning District.
Standard weekday and weekend operations would occur between 7:00 AM and 10:00 PM. Standard weekday events (such as prayer, adult classes, meditation, meals, etc.) would include the eight residents on-site and approximately 18 visitors. Standard weekend events (such as lecture, lunch, evening offerings, prayer, etc.) would include the eight residents and approximately 50 visitors. Special events and holidays would have up to 300 visitors (not including the eight residents) and would be limited to the hours of 6:00 AM and 12:00 midnight. The events would typically not occur after 10:00 PM. Cleanup may occur between 10:00 PM and 12:00 midnight. See the Operations Plan and Activities Schedule (Exhibit D) for a list of events and hours.
SURROUNDING USES
General Plan Zoning District Existing Use
North Residential
Neighborhood
R-1-5 Single-Family Single-family residence
South Residential
Neighborhood R-1-5 Single-Family Single-family residence East Residential
Neighborhood
R-1-5 Single-Family Single-family residence
West Residential
Neighborhood R-1-5 Single-Family Single-family residence File No. C20-012 & SP20-024
The project includes outdoor use of religious shrines and sacred spaces. Meditation and reflection may also occur outside. Amplified sound may occur during special events and holidays. The project includes vehicular and pedestrian gates to access the site. The vehicular gate will remain open during the hours of operation.
The project includes 52 standard on-site parking spaces. The project includes an alternative parking arrangement of valet parking to accommodate an additional 15 parking spaces on-site, for a total of 67 spaces. For special events and holidays, the project includes off-site parking utilized through an on-site loading zone with valet parking. Visitors would use the on-site loading zone to utilize the valet parking which would park the vehicles in the on-site valet parking spaces or at an off-site parking lot.
ANALYSIS
The proposed Special Use Permit is analyzed with respect to conformance with:
1. Envision San José 2040 General Plan
2. Senate Bill 330 Compliance
3. San José Municipal Code
4. Commercial Design Guidelines
5. Permit Findings
6. California Environmental Quality Act (CEQA)
7. City Council Policies
Envision San José 2040 General Plan Conformance
Figure 1 General Plan Land Use Designation
File No. C20-012 & SP20-024
Land Use Designation
As shown in the General Plan map above, the project site has an Envision San Jose 2040 General Plan designation of 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.
Additionally, this designation also supports private community gathering facilities compatible with the surrounding residential neighborhood.
General Plan Policies
The project conforms to the following key General Plan goals and policies:
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.
Community Design Policy CD - 4.4: In non-growth areas, design new development and subdivisions to reflect the character of predominant existing development of the same type in the surrounding area through the regulation of lot size, street frontage, height, building scale, siting/setbacks, and building orientation.
Vibrant Neighborhood Policy VN – 1.12: Design new public and private development to build upon the vital character and desirable qualities of existing neighborhoods. San José’s General Plan includes several goals and policies to ensure that infill development is compatible with the prevailing neighborhood character.
Vibrant Neighborhood Policy VN – 1.2: Maintain existing and develop new community services and gathering spaces that allow for increased social interaction of neighbors, (i.e., parks, community centers and gardens, libraries, schools, commercial areas, churches, and other gathering spaces).
Vibrant Neighborhoods Goal – 5: Provide for the development of Private Community Gathering Facilities at locations within or near residential, commercial, or mixed residential- commercial neighborhoods throughout the City to accommodate the social and cultural activities of the San José community.
Analysis: The project includes a conventional rezoning from the R-1-5 Zoning District to the PQP Zoning District to support the development of a private gathering facility. The Residential Neighborhood land use designation supports the development of private gathering facilities, while the rezoning of the site to the PQP Zoning District supports the development of a private gathering use that is similar in size, scale, and intensity of other similar uses located within residential neighborhoods.
The project would be located on a corner lot with the temple located towards the intersection of Ruby Avenue and Norwood Avenue. The project allows the temple and its associated functions to operate within an existing and established single-family residential neighborhood. The project would provide a 12-foot-wide sidewalk along Ruby Avenue and a 10-foot-wide sidewalk along Norwood Avenue, which currently does not have complete sidewalks along the street frontages.
This project would provide additional social and cultural activities to the San José community.
Throughout the City, other assembly uses located within Residential Neighborhood land use designation are one to two stories. They typically have multiple buildings to accommodate the religious gathering facility and others for associated community services. They typically have neutral wall colors and roof colors, a mix of stucco, horizontal and vertical siding, and some stone.
They provide surface parking lots and locate the main building close to the street frontages and File No. C20-012 & SP20-024
circulation between other on-site buildings occurs within the middle of the site. This project provides neutral wall and roof colors. Additionally, the project includes extensive on-site and perimeter landscaping to further beautify the site and provide screening to adjacent residences. The project is also providing a surface parking lot to meet the on-site parking requirement.
Senate Bill 330 Compliance
The Housing Crisis Act of 2019 (SB330, 2019) limits the manner in which local governments may reduce the capacity for residential units that can be built on within the local agency’s jurisdiction, including actions such as downzoning, 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 that work to reduce the amount of housing capacity in the jurisdiction. An exception to this limitation is that a property may be allowed to reduce intensity of residential uses if changes in land use designations or zoning elsewhere in the jurisdiction ensure there is no net loss in residential capacity within the jurisdiction.
The rezoning (File No. C20-012) does not reduce the intensity of residential uses because the rezoning to the PQP Public/Quasi-Public Zoning District allows for greater residential density than the existing R-1-5 Single-Family Residence Zoning District. The existing site allows a residential density of 2 Dwelling Units per Acre. With the rezoning to the PQP Zoning District, the residential capacity of the site would be approximately 100 DU/AC. Therefore, the rezoning would increase the residential capacity of the approximately 1.86-gross acre site by approximately 183 units.
Zoning Ordinance Conformance
Figure 2 Existing Zoning District
Land Uses
The project site is located within the R-1-5 Single-Family Residential Zoning District. The project includes a rezoning to the Public/Quasi-Public zoning district. Per Table 20-90 of the Zoning Code, the Public/Quasi- Public Zoning District allows church/religious assembly uses with a Special Use Permit. Therefore, the
File No. C20-012 & SP20-024
findings for a Special Use Permit are made below pursuant to Section 20.100.820 of the Zoning Code The project includes the construction of a new approximately 13,902-square foot private gathering facility.
Therefore, the findings for a Site Development are also made below pursuant to Section 20.100.630 of the Zoning Code.
Development Regulations
Section 20.40.200 under Table 20-100 provide the following development standards:
Development Standard PQP Requirement Provided
Minimum front setback (Norwood
Avenue)
10 feet Approximately 10 feet, 1 inch
Minimum front setback (Ruby Avenue) 10 feet Approximately 32 feet, 1 inch Minimum side setback 10 feet Approximately 60 feet
Minimum rear setback 10 feet Approximately 22 feet
Maximum height 65 feet Approximately 64 feet, 10 inches As shown in the table above, the project conforms with the required development standards of the PQP Public/Quasi-Public Zoning District pursuant to Section 20.40.200 of the Zoning Code.
Parking
Per Section 20.90.060 of the Zoning Ordinance, the required vehicle parking for private gathering facilities is one per four fixed seats, or one per six linear feet of seating, or one per 30 square feet of area designed for assembly, used together or separately for worship.
The project does not include any seats or seating, so the required parking was based on area designed for assembly. The temple includes 1,969 square feet of area for assembly. Therefore, 66 parking spaces are required. The project includes 67 parking spaces, which includes seven EV parking spaces, four accessible parking spaces, and ten clean air vehicle parking spaces.
Bicycle parking is required at a ratio of one per 60 fixed seats, or one per 90 linear feet of seating, or one per 450 sq. ft. of area designed for assembly, used together or separately for worship. Five bicycle parking spaces are required. The project includes ten bicycle parking spaces and is consistent with the requirement.
Although not required for the proposed use, the project includes two motorcycle spaces.
Per Section 20.90.200, off-street parking arrangements may be permitted with a Special Use Permit for parking facilities on a lot other than the lot occupied by the building and for parking facilities that accommodate the required number of parking spaces in an alternative parking design. The project includes 67 parking spaces of which 15 are valet parking spaces. The project includes a Traffic and Parking Management Plan to reduce parking overflow into the neighborhood during special events. The plan includes free valet service within the project site, off-site parking spaces, and off-site valet parking. If the on-site parking reaches capacity, the attendees will park within the on-site passenger loading zone and the valets will park the vehicle within a designated on-site valet parking space or to a designated off-site parking lot. Based on the Local Transportation Analysis (Exhibit K), prepared for the project, the project will secure a formal agreement with the Evergreen Islamic Center for special event overflow parking. Valet and shuttle services would be implemented for events with 190 or more visitors. The project provides a 40-foot stacking space for vehicles between the sidewalk and the gate and 50 feet of stacking space between the curb and first parking space. The project would keep the gate open during the hours of operation of the temple.
File No. C20-012 & SP20-024
Performance Standards
Pursuant to Section 20.40.600, the maximum noise-level requirement in decibels is 55 dB at adjacent residential property lines. To determine noise impacts of the proposed project and use, a Noise Study (Exhibit E) was prepared by Wilson Ihrig, Acoustics, Noise & Vibration dated October 29, 2021.
The acoustical assessment prepared by Wilson Ihrig, Acoustics, Noise & Vibration, calculated that the sound level at the nearest residential outdoor use areas is 49 DNL during special events. The sound system for outdoor special events would be subject to a condition of approval limiting the maximum instantaneous noise levels to 71 dBA. With this 71dBA limitation, adjacent residences would experience noise levels that would not exceed the 53 dBA DNL limit. The prevailing noise density in the area and the daily DNL levels are around 49 DNL. The temple would have sound levels below 53 dBA DNL for typical daily use and special events. The operational noise will not exceed 55 dBA DNL at the adjacent property line per General Plan Policy EC-1.3. The project includes a perimeter sound screen wall. Amplified sound, which may occur during religious holidays or religious events, will adhere to city standards and regulations.
Tree Removals
Tree Replacement Ratios
Circumference of Tree to
be Removed
Type of Tree to be Removed Minimum Size of Each
Replacement Tree Native Non-Native Orchard
38 inches or more 5:1 4:1 3:1 15-gallon
19 up to 38 inches 3:1 2:1 none 15-gallon
Less than 19 inches 1:1 1:1 none 15-gallon
x:x = tree replacement to tree loss ratio
Note: Trees greater than or equal to 38-inch circumference measured at 4.5 feet above natural grade shall not be removed unless a Tree Removal Permit, or equivalent, has been approved for the removal of such trees. For Multi-Family residential, Commercial and Industrial properties, a permit is required for removal of trees of any size.
A 38-inch tree equals 12.1 inches in diameter.
A 24-inch box replacement tree = two 15-gallon replacement trees Per Chapter 13.32 of the Municipal Code, a Tree Removal Permit is required for ordinance-size trees on single-family residence lots. Ordinance-size trees are trees that, measured at 4.5 feet above ground, have a circumference greater than 38 inches. For nonresidential properties a permit is also required for non- ordinance sized trees.
Based on the arborist report (Exhibit F) prepared by Urban Tree Management, Inc. dated May 20, 2019, the project includes the removal of 20 ordinance-size trees and one non-ordinance size tree. The 20 ordinance-size trees include: two Pepper trees, one Grapefruit tree, one Avocado tree, two Hollywood Juniper trees, two Common Juniper trees, two Queen Palms, three Monterey Pines, four Elm trees, two King Sago Palms, and one Strawberry tree. The non-ordinance size tree is a Plum tree. The trees to be removed are located either within the proposed building footprints, within the surface parking lot, on-site circulation, and within the newly dedicated sidewalks. Eight of the ordinance-size trees are dead, dying or diseased. The trees to be removed would be replaced at the ratios based on the tree mitigation table above. Of the 20 ordinance-size trees 10 are native trees and 10 are non-native trees. The non-ordinance size tree is a non-native tree.
File No. C20-012 & SP20-024
Based on the City’s Tree Replacement ratio, 92 15-gallon replacement trees are required. Two 15-gallon trees may be substituted with a 24-inch box tree. The project would plant 55 36-inch box trees (a mix of Persian Silk Trees, Jacarandas, Paperbark Tea trees, California Sycamores, California Pepper trees, and Emerald Sunshine Elms), 18 24-inch box trees (a mix of Crape Myrtles, Canary Island Pines, and Giant Bird of Paradise palms), and two 60-inch box trees (Coast Live Oaks). The 75 trees (equivalent to 150 15-gallon replacement trees) would meet the 92 15-gallon size replacement trees required.
Commercial Design Guidelines
The project was submitted on July 15, 2020, prior to the adoption of the Citywide Design Standards and Guidelines, which became effective on March 25, 2021. Therefore, the project is subject to the Commercial Design Guidelines (1990). The project design is consistent with the Commercial Design Guidelines in that the massing, colors, and materials are compatible with the adjacent buildings. The temple and community building compliment the adjacent residential development by using a mix of neutral and natural colors to compliment the adjacent single-family residences. The project provides courtyards and landscaping to keep the circulation internally and away from the public right-of-way and to screen the activity from the adjacent development.
Landscaping is proposed throughout the project site, including the perimeter, and includes fences, gates, and a sound wall. The internal structures are also screened by fences, gates, and landscaping.
Permit Findings
Pursuant to San José Municipal Code 20.100.140 the subject project is able to process with a concurrent filing of the Site Development Permit (new construction), Special Use Permit (assembly use, alternative- parking), and Tree Removal, under a unified process.
In order to approve the subject projects, City Council in conjunction with a recommendation from the Planning Commission, must determine that:
Site Development Permit Findings
To make the Site Development Permit findings pursuant to San José Municipal Code Section 20.100.630, the Planning Commission must determine that:
1. The Site Development Permit, as approved, is consistent with and will further the policies of the General Plan, applicable specific plans and area development policies; and Analysis: As described above in the General Plan Conformance section, the project is consistent with the site’s Residential Neighborhood Land Use Designation. Private gathering facilities may be allowed in the Residential Neighborhood land use designation if they are compatible with the surrounding area . The project is consistent with the General Plan policies for vibrant neighborhoods and community design. This project provides neutral wall and roof colors. Additionally, the project includes extensive on -site and perimeter landscaping to further beautify t he site and provide screening to adjacent residences. The project is also providing a surface parking lot to meet the on -site parking requirement. Therefore, the project was designed at a scale compatible with the surround two-story single-family residences.
2. The Site Development Permit, as approved, conforms with the Zoning Code and all other Provisions of the San José Municipal Code applicable to the project; and Analysis: As described above in the Zoning Ordinance Conformance section, the project complies with the applicable development standards of the San José Municipal Code. The project and subject site meet the necessary setbacks, height, performance standards, and parking requirements of the Municipal Code.
The project requires a minimum 10-foot setback from all property lines. The buildings would be setback at least 10 feet from all property lines. The community building would be approximately 35 feet in height, the temple would be approximately 43 feet in height, and the spire would be under 65 feet in height, all File No. C20-012 & SP20-024
within the maximum allowed height of 65 feet. The project includes a sound wall and would not generate noise exceeding 55 dB at the adjacent property lines. The project includes 67 vehicle parking spaces and 10 bicycle parking spaces, which exceed the minimum required parking.
3. The Site Development Permit, as approved, is consistent with applicable City Council policies, or counterbalancing considerations justify the inconsistency; and Analysis: The project was duly noticed per City Council Policy 6 -30: Public Outreach Policy for pending land use and development proposals and the on-site noticing/posting requirements. Project information signs were posted on the site on February 7, 2020. Two community meetings were held for the project.
The first meeting was held on August 19, 2020 and the second meeting was held on June 2, 2021. Refer to the Public Outreach section below for a summary of community concerns. A notice of the public hearing was distributed to the owners and tenants of all properties locate d within 1,000 feet of the project site. Staff has been available to answer questions from the public.
4. The interrelationship between the orientation, location, and elevations of proposed buildings and structures and other uses on-site are mutually compatible and aesthetically harmonious.
Analysis: The project includes a building for the temple and a separate community building for ancillary uses. The required parking spaces would be provided on -site. The site provides internal pedestrian circulation between the proposed building and structures. The activity would occur behind vehicular and pedestrian gates. The parking lot is located approximately 90 feet from the temple. The temple, the tallest building of the project, would be placed on the southwest corner of the site, accessible via a 26- foot-wide driveway with a gate from Ruby Avenue. The parking spaces, temple, and community building share a courtyard for internal circulation.
5. The orientation, location, and elevation of the proposed buildings and structures and other uses on the site are compatible with and are aesthetically harmonious with adjacent development or the character of the neighborhood.
Analysis: The project is providing a building for the temple and a separate building for ancillary uses. The required parking spaces would be provided on -site. The site provides internal pedestrian circulat ion between the proposed building and structures. The activity would occur behind vehicular and pedestrian gates. The temple and ancillary building would meet all setback requirements of the Zoning District as previously discussed. The temple would be located on the corner of Ruby Avenue and Norwood Avenue, away from the immediately adjacent residential properties to minimize the heigh impacts. The surrounding residential development has a character with pitched roofs, ceramic tiles that are primarily grey and terracotta colors, and exterior walls are of stucco, vertical or horizontal siding, wood shingle, and brick. The exterior walls are primarily neutral or natural colors (gray and browns). The projects buildings include a mix of wood, vertical siding, and ceramic roof tiles. The refore, the buildings and structures are mutually compatible with the surrounding neighborhood The temple is approximately 43 feet in height with a spire of approximately 65 feet in height . The community building would be 35 feet in height . The project would have a Floor Area Ratio of 0.17.
Residential properties in this land use designation may have a Floor Area Ratio of up to 0.45 without a Planning permit and may go up to 0.7 with a Planning permit. The maximum height for the adjacent R - 1-5 Single-Family Residence zoning properties is 35 feet. Therefore, the scale of the project would be compatible with adjacent residential development.
6. The environmental impacts of the proj ect, including but not limited to noise, vibration, dust, drainage, erosion, storm water runoff, and odor which, even if insignificant for purposes of the Califo rnia Environmental Quality Act (CEQA), will not have an unacceptable negative effect on adjacen t property or properties.
File No. C20-012 & SP20-024
Analysis: The project occurs in an urbanized area that is adequately served by all required utilities and public services. The Stormwater Control Plan is consistent with the City’s stormwater policies that require low impact development stormwater measures to minimi ze stormwater pollutant discharges.
Construction would be required to comply with the Standard Environmental Conditions within the attached resolution to ensure that the project does not have an unacceptable negative effect on adjacent property or properties with regards to vibration, dust, drainage, erosion, stormwater runoff, and odor.
As discussed above, the project incorporates measures to address noise and vibration, stormwater runoff, water quality, drainage and erosion, hazards and hazardous material s, and biological resources. The project will be required to adhere to all applicable standard permit conditions and mitigation measures related to reducing temporary and operational sources of noise and vibration, dust, and erosion. Noise resulting from the construction of the project is limited to the posted construction hours between 7:00 a.m. and 7:00 p.m., Monday to Friday, and would be temporary in nature.
7. Landscaping, irrigation sys tems, walls and fences, features to conceal outdoor activities, exter ior heating, ventilating, plumbing, utility and trash facilities are sufficient to maintain or upgrade the appearance of the neighborhood.
Analysis: The project includes sound walls along the perimeter, pedestrian and vehicular gates to conceal the on-site pedestrian circulation between buildings and parking, landscaping, and the required on -site parking. Trash facilities will be wheeled to the southeast corner of the parking lot and garbage collection will occur o n-site. Public and private utilities will be provided to the site . The project will maintain the appearance of the neighborhood.
8. Traffic access, pedestrian access and parking are adequate.
Analysis: Vehicular access would be provided from a new 26-foot wide full-access driveway. The project will construct a 12-foot-wide sidewalk along Ruby Avenue and a 10 -foot-wide sidewalk on Norwood Avenue. As mentioned above, the project is providing 67 vehicle parking spaces and 10 bicycle parking for the project scope. This meets the City’s vehicular and bicycle parking requirements.
Special Use Permit Findings
Section 20.100.820 of the San José Municipal Code establishes required findings for issuance of a Special Use Permit. This Planning Commission concludes and finds, based upon an analysis of the above facts that:
1. The special use permit, as approved, is consistent with and will further the policies of the general plan and applicable specific plans and area development policies; and Analysis: See Site Development Permit Finding a.
2. The special use permit, as approved, conforms with the zoning code and all other provisions of the San José Municipal Code applicable to the project; and
Analysis: Church/religious assembly uses are allowed in the PQP Public/Quasi-Public Zoning District with a Special Use Permit per Table 20 -90 of the Zoning Code. The project is consistent with the setbacks, height, parking, and all other requirements of the PQP Zoning District.
3. The special use permit, as approved, is consistent with applicable city council policies, or counterbalancing considerations justify the inconsistency; and Analysis: See Site Development Permit Finding 3.
4. The proposed use at the location requested will not:
a. Adversely affect the peace, health, safety, morals or welfare of persons residing or working in the surrounding area; or
File No. C20-012 & SP20-024
b. Impair the utility of value of the property of other persons located within the vicinity of the site; or c. Be detrimental to public health, safety or general welfare.
Analysis: The use and included site improvements would not be detrimental to public health, safety, or general welfare for the following reasons.The project complies with the development regulations listed above and would serve as a community gathering facility for the surrounding community and region. The religious assembly use has been designed at a scale compatible with the surrounding neighborhood. The project includes circulation improvements, a new driveway , and a n on -site parking lot. The project is required to construct a new 10 -foot-wide City Standard sidewalk along Norwood Avenue and a 12 -foot-wide sidewalk along Ruby Avenue , which are included in the conditions of approval for this permit. The project would provide off-site valet parking to reduce the overflow parking within the neighborhood . The development of the site will eliminate the vacant condition of the site with a neighborhood-serving use.
5. The proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in this title, or as is otherwise required in order to integrate said use with the uses in the surrounding areas; and Analysis: The approximately 1.86-gross acre site is adequate in size and shape to accommodate the temple and associated buildings, sound walls along the perimeter, landscaping, and the required on-site parking. A new driveway with a gate would provide access to the site. As previously described, the subject site would have adequate paved surfaces to allow for vehicles to enter the site and allow for stacking for the valet parking loading zone. The area is also serviced by local bus route 39.
6. The proposed site is adequately served:
a. By highways or streets of sufficient width and improved as necessary to carry the kind and quality of traffic such use would generate; or by other forms of transit adequate to carry the kind and quality of individuals such use would generate; and
b. By other public or private service facilities as are required.
Analysis: Vehicular access would be provided from a new 26 -foot wide full -access driveway off Ruby Ave nue. As evidenced by the Traffic Memo dated November 15, 2022, the project is in conformance with the City of San Jose Transportation Analysis Policy (Council Policy 5 -1) and a determination for less than significant impacts can be made in respect to transportation impacts.
A two -way left -turn lane is provided along Ruby Avenue for inbound and outbound trips. The project provides a 40-foot stacking space for vehicles between the sidewalk and the gate and 50 feet of stacking space between the curb and first parking space. The project would keep the gate open during the hours of operation of the temple. There are Class II bikeways along Ruby Avenue and Class III bikeways along Norwood Avenue. The project area is served by local bus Route 39 .
The site is served by all necessary public and private utilities.
7. The environmental impacts of the project, including but not limited to noise, vibration, dust, drainage, erosion, storm water runoff, and odor which, even if insignificant for purposes of the California Environmental Quality Act (CEQA), will not have an unacce ptable negative effect on adjacent property or properties.
Analysis: The project occurs in an urbanized area that is adequately served by all required utilities and public services. The Stormwater Control Plan is consistent with the City’s stormwater policies that require low impact development stormwater measures to minimize stormwater pollutant discharges.
Construction would be required to comply with the Standard Environmental Conditions within the attached resolution to ensure that the project does not have an unacceptable negative effect on adjacent property or properties with regards to vibration, dust, drainage, erosion, stormwater runoff, and odor.
File No. C20-012 & SP20-024
As discussed above, the project incorporates measures to address noise and vibration, stormwater runoff, water quality, drainage and erosion, hazards and hazardous materials, and biological resources. The project will be required to adhere to all applicable standard permit conditions and mitigation measures related to reducing temporary and operational sour ces of noise and vibration, dust, and erosion. Noise resulting from the construction of the project is limited to the posted construction hours between 7:00 a.m. and 7:00 p.m., Monday to Friday, and would be temporary in nature.
Off-Site Parking Arrangement Findings.
Per Municipal Code Section 20.90.200(B), in addition to any other findings required for a Special Use Permit, the Director, or Planning Commission on appeal, may approve such off-street parking facilities arrangements only upon making the following findings:
1. The number of off-street parking spaces provided in such parking facilities adequately meets the parking requirements of the individual buildings and uses as specified in this Chapter 20.90 of this title;
2. It is reasonably certain that the parking facility shall continue to be provided and maintained at the same location for the service of the building or use for which such facility is required, during the life of the building or use; and
3. The parking facility is reasonably convenient and accessible to the buildings or uses to be served.
Analysis: The project scope requires 66 parking spaces and would provide 67 parking spaces. The project would provide 15 valet parking spaces on-site. The valet parking would occur on-site in the loading zone. If the 52 standard parking spaces reach capacity, valet would park the vehicles on the designated on-site valet parking spaces or off-site parking location. The loading zone is within the parking lot of the project site and is located approximately 90 feet from the temple. The project must maintain the valet parking spaces as it is included as a condition of approval of this permit.
Tree Removal Permit Findings.
Chapter 13.32 of the San José Municipal Code specifies the required findings for live tree removals:
1. That the tree affected is of a size, type and condition, and is in such a location in such surrounding, that its removal would not significantly frustrate the purposes of Chapter 13.32 of the San Jos é Municipal Code as set forth in Section 13.32.010;
2. That the location of the tree with respect to a proposed improvement unreasonably restricts the economic development of the parcel in question;
3. That the location of the tree with respect to a proposed imp rovement unreasonably restricts the economic development of the parcel in question.
Analysis: The project includes the removal of 20 ordinance-sized trees and one non -ordinance size tree.
The 20 ordinance size trees include: two Pepper trees, one Grapefruit tree, one Avocado tree, two Hollywood Juniper tree, two Common Juniper trees, two Queen Palms, three Monterey Pines, four Elm trees, two King Sago Palms, and one Strawberry tree. The non -ordinance size tree is a Plum tree. Of the 20 ordinance-size trees 10 are native trees and 10 are non-native trees. The non-ordinance size tree is a non-native tree The trees to be removed are located either within the proposed building footprints, within the surface parking lot, on -site circulation, and within t he newly dedicated sidewalks. Eight of the ordinance-size trees are dead, dying, or diseased. The trees to be removed would be replaced at the ratios based on the tree mitigation table. Of the 20 ordinance -size trees, 10 are native trees and 10 are non - native trees. The non-ordinance size tree is a non-native tree.
File No. C20-012 & SP20-024
Based on the City’s Tree Replacement ratio, 92 15-gallon replacement trees are required. Two 15-gallon trees may be substituted with a 24-inch box tree. The project would plant 55 36-inch box trees (a mix of Persian Silk Trees, Jacarandas, Paperbark Tea trees, California Sycamores , California Pepper trees, and Emerald Sunshine Elms), 18 24-inch box trees (a mix of Crape Myrtles, Canary Island Pines, and Giant Bird of Paradise palms), and two 60-inch box trees (Coast Live Oaks). The 75 trees (equivalent to 150 15-gallon replacement trees) would meet the 92 tree replacements required.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The City of San José, as the Lead Agency, prepared an Environmental Impact Report (“EIR”) (State Clearinghouse No. 2021050524) for the Wat Khmer Kampuchea Krom Temple Project in compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines (California Code of Regulations §15000 et. seq.) and the regulations and policies of the City San José, California. The EIR evaluated the environmental impacts that might reasonably be anticipated to result from implementation of the proposed project.
The EIR was circulated from August 23, 2022, to October 7, 2022, and approximately 30 comments were received during the public review period. Several recurring concerns were raised in the public comments, including noise during construction and operation of the project, traffic and parking, and neighborhood compatibility. The EIR, including responses to comments received during the public review period, can be found at the following link: https://www.sanjoseca.gov/your-government/departments-offices/planning- building-code-enforcement/planning-division/environmental-planning/environmental-review/active- eirs/wat-khmer-kampuchea-krom-temple-project-7548.
The EIR identified relevant mitigation measures for potential impacts to air quality during construction, nesting birds and biological resources, hazards and hazardous materials from past uses on the site, and for construction-related noise and vibration. In addition, standard permit conditions are made part of the permit approval. These standard permit conditions include best management practices for construction related air quality impacts, tree replacement, compliance with the Santa Clara Valley Habitat Plan, compliance with the California Building Code for seismic safety of the proposed building, erosion control during construction activities, prehistoric and historic resources, protection of unknown subsurface cultural resources and human remains, protection of construction workers from hazards related to contaminated soils, water quality impacts during construction and operation periods, and best management practices to control noise during construction. The mitigation measures are included in the Mitigation Monitoring and Reporting Program (“MMRP”) (Exhibit J), and both the mitigation measures and standard permit conditions are made a part of the resolution of this permit. The EIR concluded that the project would not result in any significant and unavoidable environmental impacts with implementation of identified mitigation measures.
PUBLIC OUTREACH
Staff followed Council Policy 6-30: Public Outreach Policy in order to inform the public of the proposed project. Due to public interest in the proposed project, two community meetings were held. The first community meeting was held on August 19, 2020 and the second community meeting with a joint EIR scoping meeting was held on June 2, 2021. An on-site sign was posted on the project frontage on February 17, 2020. A list of public comments received is included with this staff report (Exhibit I).
Community concerns included compatibility with, and impacts to, the surrounding neighborhood, providing surface parking instead of underground parking, operational noise, lack of parking, overflow parking in the street, pedestrian safety, and construction impacts.
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A notice of the public hearing was 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.
Project Manager: Alec Atienza
Approved by: /s/___, Robert Manford for Christopher Burton, Planning Director
ATTACHMENTS:
Exhibit A: Draft Rezoning Ordinance
Exhibit B: Draft Special Use Permit Resolution
Exhibit C: Plan Set
Exhibit D: Operation Plan and Activities Schedule
Exhibit E: Noise Study
Exhibit F: Arborist Report
Exhibit G: Legal Description
Exhibit H: Plat Map
Exhibit I: Public Comments
Exhibit J: MMRP
Exhibit K: Local Transportation Analysis
Exhibit L: Draft EIR Resolution
Owner:
Applicant’s Representative:
Lyna Lam
Executive Director
A Khmer Buddhist Foundation
1210 Lombard Street
San Francisco, CA 94109
Johnny Maas
Andrew Mann Architecture
360 Langton Street, Suite 302
San Francisco, CA 94103
C20-012 & SP20-024/ER20-047
Links to Attachment A - L
Click on the title to view document
Exhibit A: Draft Rezoning Ordinance
Exhibit B: Draft Special Use Permit Resolution
Exhibit C: Plan Set
Exhibit D Operation Plan and Activities Schedule
Exhibit E Noise Study
Exhibit F Arborist Report
Exhibit G Legal Description
Exhibit H Plat Map
Exhibit I Public Comments
Exhibit J MMRP
Exhibit K Local Transportation Analysis
Exhibit L Draft EIR Resolution
Correspondence received after February 15, 2023