TO: HONORABLE MAYOR FROM: Planning Commission
AND CITY COUNCIL
SUBJECT: SEE BELOW DATE: July 17, 2023
COUNCIL DISTRICT: 7
SUBJECT: FILE NOS. PDC22-005, PD22-010 & ER21-311. REZONING FROM THE HI
HEAVY INDUSTRIAL ZONING DISTRICT TO AN HI(PD) PLANNED
DEVELOPMENT ZONING DISTRICT AND A PLANNED
DEVELOPMENT PERMIT TO ALLOW THE DEMOLITION OF FIVE
COMMERCIAL STRUCTURES (TOTALING APPROXIMATELY 20,500
SQUARE FEET), THE REMOVAL OF EIGHT ORDINANCE-SIZE AND
THREE NON-ORDINANCE-SIZE TREES, THE CONSTRUCTION OF A
FIVE-STORY, 120-GUESTROOM HOTEL, WITH A ROOFTOP PUBLIC
EATING ESTABLISHMENT WITH OUTDOOR DINING, AND THE
CONVERSION OF AN EXISTING MOTEL BUILDING TO INCIDENTAL
OFFICE USE (STAFF ROOM AND STORAGE FACILITY) ON AN
APPROXIMATELY 1.76-GROSS-ACRE SITE ON THE WEST SIDE OF
MONTEREY ROAD, APPROXIMATELY 150 FEET SOUTHEASTERLY
OF THE INTERSECTION OF MONTEREY ROAD AND SAN JOSE
AVENUE (1669 MONTEREY ROAD)
RECOMMENDATION
The Planning Commission voted 8-0-2 (Garcia and Ornelas-Wise absent) to recommend that the City Council take the following action:
1. Adopt a Resolution adopting the Initial Study/Mitigated Negative Declaration for the Fairfield Inn and Suites Project and the associated Mitigation Monitoring and Reporting Program, in accordance with the California Environmental Quality Act; and
2. Approve an Ordinance rezoning the Project Site from the HI Heavy Industrial Zoning District to the HI(PD) Planned Development Zoning District on an approximately 1.76-gross- acre site; and
3. Adopt a Resolution approving, subject to conditions, a Planned Development Permit to allow the demolition of five commercial structures (totaling approximately 20,500 square feet), the removal of eight ordinance-size and three non-ordinance-size trees, the construction of a five-story, 120-guestroom hotel, with a rooftop public eating establishment with outdoor dining, and the conversion of an existing motel building to incidental office use (staff room COUNCIL AGENDA: 08/08/2023
FILE: 23-1001
ITEM: 10.1d
HONORABLE MAYOR AND CITY COUNCIL
July 17, 2023
Subject: File Nos. PDC22-005, PD22-010 & ER21-311
and storage facility) on an approximately 1.76-gross-acre site on the west side of Monterey Road, approximately 150 feet southeasterly of the intersection of Monterey Road and San Jose Avenue (1669 Monterey Road).
SUMMARY AND OUTCOME
If the City Council approves the actions listed above as recommended by the Planning Commission, the applicant would be able to demolish five commercial structures (totaling approximately 20,500 square feet), remove eight ordinance-size and three non-ordinance-size trees, construct a five-story, 120-guestroom hotel, with a rooftop public eating establishment with outdoor dining, and convert an existing motel building to incidental office use (staff room and storage facility) on an approximately 1.76-gross-acre site on the west side of Monterey Road, approximately 150 feet southeasterly of the intersection of Monterey Road and San Jose Avenue (1669 Monterey Road).
BACKGROUND
On June 14, 2023, the Planning Commission held a Public Hearing to consider the CEQA determination, Rezoning, and Planned Development Permit. This item remained on the Planning Commission’s consent calendar. No members of the public requested to speak on this item and there was no discussion by the Commissioners. Commissioner Casey made a motion to approve the recommendation. Commissioner Lardinois seconded the motion. The motion passed unanimously 8-0-2 (Garcia and Ornelas-Wise absent). The Planning Commission recommended that the City Council approve the adoption of the CEQA resolution, Rezoning, and Planned Development Permit.
ANALYSIS
Analysis of project impacts pursuant to CEQA, rezoning, and Planned Development Permit, including conformance with the General Plan, Municipal Code, and City Council policies is contained in the attached staff report.
The recommendation in this memorandum aligns with one or more Climate Smart San José energy, water, or mobility goals. The project would increase the density of new development on an existing commercial site by increasing the number of jobs per acre.
EVALUATION AND FOLLOW-UP
The City Council is the final decision-making body for this project. Following a decision by the City Council, no additional evaluation would be conducted. The City Council has the option to
HONORABLE MAYOR AND CITY COUNCIL
July 17, 2023
Subject: File Nos. PDC22-005, PD22-010 & ER21-311
approve, deny, or defer the project to a later City Council meeting. If denied, the project would not be able to proceed. If approved, the subject site would be rezoned to a HI(PD) Planned Development Zoning District to facilitate the construction of the project. The rezoning would become effective 30 days after a second reading of the rezoning at a subsequent City Council meeting. The date that the rezoning becomes effective is the date that the associated Planned Development Permit Resolution also becomes effective. The applicant would be able to proceed with applications for grading and building permits to construct the project.
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 August 8, 2023 City Council meeting.
Additionally, staff followed Council Policy 6-30: Public Outreach Policy in order to inform the public of the proposed project. An on-site sign with updated project information was posted on the project frontage on September 9, 2022. A formally noticed Community Meeting was held on Monday, September 26, 2022, to introduce the proposed project to the community. 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. Additionally, a notice of the public hearing was posted in a newspaper of record (San José Post Record) on May 19, 2023. The staff report is also posted on the City’s website. Staff has also been available to respond to questions from the public.
COMMISSION RECOMMENDATION AND INPUT
As discussed in the Background section above, the Planning Commission unanimously approved the project (8-0-2, Garcia and Ornelas-Wise absent) as a consent calendar item at its June 14, 2023 meeting, with no project discussion by the Commission or members of the public.
CEQA
In accordance with the California Environmental Quality Act (CEQA), the City of San José, as the lead agency for the project, prepared an Initial Study/Mitigated Declaration (MND) in full compliance with CEQA. The MND was circulated for public review and comments from March 30, 2023 through April 18, 2023. Due to a mistake in uploading to the State Clearinghouse, the MND was recirculated from April 19, 2023 to May 8, 2023. The Initial Study identified relevant
HONORABLE MAYOR AND CITY COUNCIL
July 17, 2023
Subject: File Nos. PDC22-005, PD22-010 & ER21-311
mitigation measures for potential impacts on nesting birds, impacts on archaeological deposits during excavation and construction, and construction noise and vibration impacts on adjacent buildings and businesses. These impacts would be reduced to less than significant levels with the implementation of mitigation measures included in the Mitigation Monitoring and Reporting Program (MMRP). Therefore, an EIR is not required, and an Initial Study/Mitigated Negative Declaration is the appropriate level of CEQA clearance for the project.
The IS/MND, Response to Comments, and other related environmental documents are available on the Planning website at: https://www.sanjoseca.gov/your-government/departments- offices/planning-building-code-enforcement/planning-division/environmental- planning/environmental-review/negative-declaration-initial-studies/fairfield-inn-and-suites
PUBLIC SUBSIDY REPORTING
This 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 Deputy Director for Planning, Robert Manford, at (408) 535-7900.
Attachment: Planning Commission Staff Report
PLANNING COMMISSION AGENDA: 6-14-23
ITEM: 4.c.
TO: PLANNING COMMISSION FROM: Christopher Burton
SUBJECT: PDC22-005, PD22-010,
& ER21-311
DATE June 14, 2023
Type of Permit Planned Development Rezoning and Planned Development Permit
Demolition Five commercial structures totaling approximately 20,500 square feet (Casa Linda Motel)
Proposed Land Uses Five-story, 120-guestroom hotel, including a rooftop restaurant and incidental use of one existing motel
building as a staff room and storage facility
New Residential Units N/A
New Non-Residential Square Footage 60,717 SF
Additional Policy Review Items N/A
Tree Removals Eight ordinance-size trees and three non-ordinance size trees
Project Planner Jason Lee
CEQA Clearance Fairfield Inn and Suites Mitigated Negative Declaration CEQA Planner Bethlehem Telahun
COUNCIL DISTRICT: 2
RECOMMENDATION
Staff recommends that the Planning Commission recommend the City Council take all of the following actions regarding the project site located on the west side of Monterey Road, approximately 150 feet southeasterly of the intersection of Monterey Road and San Jose Avenue (1669 Monterey Road) (“Project Site”):
1. Adopt a Resolution adopting the Initial Study/Mitigated Negative Declaration for the Fairfield Inn and Suites Project and the associated Mitigation Monitoring and Reporting Plan, in accordance with the California Environmental Quality Act; and
2. Approve an Ordinance rezoning the Project Site from the HI Heavy Industrial Zoning District to the HI(PD) Planned Development Zoning District on an approximately 1.76-gross-acre site.
3. Adopt a Resolution approving, subject to conditions, a Planned Development Permit to allow the demolition of five commercial structures (totaling approximately 20,500 square feet), the removal of eight ordinance-size and three non-ordinance-size trees, the construction of a five-story, 120- guestroom hotel, with a rooftop public eating establishment with outdoor dining, and the conversion of an existing motel building to incidental office use (staff room and storage facility) on an approximately 1.76-gross-acre site on the west side of Monterey Road, approximately 150 feet southeasterly of the intersection of Monterey Road and San Jose Avenue (1669 Monterey Road).
File No. PDC22-005, PD22-010, & ER21-311
PROPERTY INFORMATION
Location West side of Monterey Road, approximately 150 feet southeasterly of the intersection of Monterey Road and San Jose Avenue (1669 Monterey Road)
Assessor Parcel Nos. 456-02-019 and 456-02-020
General Plan Designation Combined Industrial/Commercial (front) and Heavy Industrial (rear)
Growth Area Monterey Business Corridor
Zoning – Existing HI Heavy Industrial Zoning District
Zoning – Proposed HI(PD) Planned Development Zoning District Historic Resource Structure of Merit (Casa Linda Motel) Annexation Date December 1, 1947 (Cottage Grove No. 3)
Council District 7
Project Site Acreage 1.76 gross acres
PROJECT BACKGROUND
As shown on the attached Vicinity Map (Exhibit A), the Project Site is located on the west side of Monterey Road, approximately 150 feet southeasterly of the intersection of Monterey Road and San Jose Avenue (1669 Monterey Road). On February 23, 2021, applicant Dhaval Panchal of Casa Linda Motel, LLC filed a Rezoning application, File No. PDC22-005, for the project site. On December 21, 2021, an application for a Planned Development Permit, File No. PD22-010, was submitted for the Fairfield Inn and Suites Project.
The Planned Development Zoning would rezone the site from the HI Heavy Industrial Zoning District to the HI(PD) Planned Development Zoning District. The Planned Development Permit would allow the demolition of five commercial structures, the removal of eight ordinance-size and three non- ordinance-size trees, the construction of a five-story, 120-guestroom hotel with a rooftop public eating establishment, and the conversion of an existing motel building to incidental office use.
Figure 1: General Plan Designation Detail
Figure 2: Zoning Boundary Detail
The site has two General Plan Land Use Designations, as shown in Figure 1, and the Planned Development Rezoning would maintain the same percentage of the CIC-based and HI-based zoning
File No. PDC22-005, PD22-010, & ER21-311
proportional to the amount of area designated Combined Industrial/Commercial and Heavy Industrial in the Envision San José 2040 General Plan Land Use Diagram. The entire site will be rezoned HI(PD), but the Planned Development Zoning divides the site into two portions, as shown in Figure 2. The portion that abuts Monterey Road (“Portion 1”) would allow all uses of the CIC Combined Industrial/Commercial zoning district, as amended, and the remainder of the site (“Portion 2”) allows all uses of the HI Heavy Industrial zoning district, as amended, with the addition of parking, loading, and circulation (ingress/egress) associated with the uses contained in Portion 1 of the parcel.
The portion boundaries are based on the proposed hotel footprint. Specifically, the CIC-designated area is about 220 feet in length, while the hotel footprint is 300 feet long. Portion 1 must therefore also be 300 feet long, so that the hotel fits within Portion 1. To make up for the area lost to the 80-foot encroachment into the HI-designated area, Portion 2 gains area through the driveway corridor extension to the street. As a result, the zoning area is proportional to the General Plan designation area per General Plan Policy IP-1.4, as analyzed in the General Plan Consistency section below.
Access to the site is from one driveway along Monterey Road. The hotel will be located at the Monterey Road frontage. The remainder of the site would be used for parking; however, as on-site parking is no longer required by the Zoning Ordinance as of April 10, 2023, any parking spaces could be removed in the future with a Planned Development Permit, Amendment, or Adjustment.
The project includes the demolition of the Casa Linda Motel. The motel is listed in the San José Historic Resources Inventory as a Structure of Merit, which is considered a historic resource of lesser significance. The structures have undergone supplemental review and have been verified as not being significant historical resources. Consistent with standard City procedures, standard permit conditions are included in the project to document the existing motel complex as a Structure of Merit. This includes photo-documentation of the structure on an archival level and coordination of the submission to History San José. Additionally, the owner will offer each of the buildings for relocation prior to their demolition. If relocation is not possible, the structure shall be made available for salvage for not less than 30 days.
Surrounding land uses include commercial, light industrial, office, and indoor and outdoor recreation (soccer fields) uses to the north and northeast, a vacant industrial lot to the south, a construction company to the southwest, and a variety of industrial uses (including vehicle-related uses, corporation yards, and light industrial uses) and a liquor store to the northwest.
SURROUNDING USES
General Plan Zoning District Existing Use
Northeast Combined Industrial/
Commercial
Commercial General &
Planned Development
(PDC06-110)
Commercial, light industrial,
office, and indoor/outdoor
recreation (soccer fields)
South
Combined Industrial/
Commercial (front) &
Heavy Industrial (rear)
Heavy Industrial Vacant
Southwest Heavy Industrial Heavy Industrial Construction yard (Primavera Construction)
Northwest
Combined Industrial/
Commercial (3 parcels) &
Heavy Industrial (6 parcels)
Planned Development
(PDC75-025) (one parcel) &
Heavy Industrial
Liquor store, various
industrial uses
File No. PDC22-005, PD22-010, & ER21-311
ANALYSIS
The proposed Planned Development Rezoning and Planned Development Permit have been analyzed with respect to consistency with:
1. Envision San José 2040 General Plan
2. Municipal Code – Zoning Ordinance
3. Citywide Design Guidelines and Standards
4. City Council Policies
5. California Environmental Quality Act (CEQA)
Envision San José 2040 General Plan Consistency
As shown in the attached General Plan Map (Exhibit B), the project has both a Combined Industrial/Commercial and Heavy Industrial land use designation in the Envision San José 2040 General Plan Land Use/Transportation Diagram.
The Combined Industrial/Commercial land use designation is intended for commercial, office, or industrial developments or a compatible mix of these uses. This designation occurs in areas where the existing development pattern exhibits a mix of commercial and industrial land uses or in areas on the boundary between commercial and industrial uses. This land use designation supports a floor area ratio up to 12.0. The floor area on the CIC portion of the site (Portion 1) is 2.30.
The Heavy Industrial designation is intended for industrial users best segregated from other uses.
Office and research and development uses are discouraged under this designation in order to reserve development sites for traditional industrial activities, such as heavy and light manufacturing and warehousing. This land use designation supports a floor area ratio up to 1.5. The floor area on the HI portion of the site (Portion 2) is 0.018.
The project is consistent with the following key General Plan policies:
Land Use Policy LU-14.4: Discourage demolition of any building or structure listed on or eligible for the Historic Resources Inventory as a Structure of Merit by pursuing the alternatives of rehabilitation, re- use on the subject site, and/or relocation of the resource.
Analysis: The Casa Linda Motel is a Structure of Merit. One of the buildings will be reused on the subject site; the alternative of relocation of the resource will be pursued for the other buildings. As conditioned in the resolution, the City will offer each of the buildings for relocation prior to demolition for at least 60 days. If relocation is not possible, the structures shall be made available for salvage to the general public for at least 30 days.
Implementation (Land Use/Transportation Diagram) Policy IP-1.4: For contiguous properties in single ownership that have multiple land use designations, the boundary between designations may be an undulating or “wavy” line. When such boundary occurs on the Land Use/Transportation Diagram it means that some flexibility may be allowed in the location of the designated uses. The same general land area and allocation of uses should be maintained, but the designated uses may be relocated on the site if they are compatible with surrounding land use designations, and do not impact the viability of developing the rest of the site. This policy also applies to a single property with multiple land use designations.
Analysis: This project consists of two parcels, one of which is split between two land use designations:
Combined Industrial/Commercial at the front and Heavy Industrial at the rear. Policy IP-1.4 allows for a slight reconfiguration of the land use designations, while maintaining the same land area. Consistent
File No. PDC22-005, PD22-010, & ER21-311
with Policy IP-1.4, the Planned Development Zoning retains the same area allocation for each of the two designations, allowing the CIC zoning portion to extend slightly into the General Plan HI boundary. This encroachment is compensated for by extending an HI-designated driveway portion along the northern boundary of the parcel through the CIC-designated portion to Monterey Road. As a result, the hotel will be constructed in the CIC-based Portion 1 of the parcel fronting Monterey Road instead of occupying the entire parcel width. Should the owner wish to do so in the future, the implementation of this policy allows industrial uses to be implemented in the rear of the lot while constraining the hotel towards the front of the lot, as contemplated by the General Plan.
The existing Casa Linda Motel is legal non-conforming and has the right to continue operation indefinitely. It occupies the entire site, which is currently zoned HI. With the proposed Planned Development Zoning, the hotel is placed within the CIC-based Portion 1 and becomes a conforming use.
Implementation (Zoning) Policy IP-8.5: Use the Planned Development zoning process to tailor such regulations as allowed uses, site intensities and development standards to a particular site for which, because of unique circumstances, a Planned Development zoning process will better conform to Envision General Plan goals and policies than may be practical through implementation of a conventional Zoning District. These development standards and other site design issues implement the design standards set forth in the Envision General Plan and design guidelines adopted by the City Council. The second phase of this process, the Planned Development permit, is a combined site/architectural permit and conditional use permit which implements the approved Planned Development zoning on the property.
Analysis: The Planned Development zoning process is required in this case to implement IP-1.4. Since a conforming rezoning could only be used to split the lot between the CIC and HI Zoning Districts in a manner which exactly matches the General Plan Land Use/Transportation Diagram, the reallocation of land area must be done through a Planned Development zoning to allow the mix of uses on the lot, as a hotel use is not allowed in an HI zone. This mix of uses is facilitated by the HI access corridor, as it allows any potential heavy industrial use a way to access the site. Additionally, the Planned Development zoning process has been tailored to the lot and the proposal, allowing a reduction in parking and required loading spaces due to space constraints on the lot and a slight increase in height for the hotel from the CIC standards. A floor area ratio up to 12 is allowed in the CIC General Plan designation, which requires a greater height than allowed in the CIC zoning district.
Zoning Ordinance Consistency
The project is currently located in the HI Heavy Industrial District and is proposed to be rezoned to the HI(PD) Planned Development Zoning District. Such a rezoning is consistent with Chapter 20.60 of the San José Municipal Code, which provides for the rezoning of property to Planned Development districts and implementation of such zonings through Planned Development Permits consistent with the General Development Plan of the Planned Development Zoning District.
Land Use
The base HI Heavy Industrial zoning of the proposed PD Planned Development Zoning District is unchanged from the existing zoning.
Per the General Development Plan, Portion 1 of the site allows permitted, special, and conditional uses of the CIC Combined Industrial/Commercial Zoning District. The hotel building is within Portion 1 of the parcel and is a permitted use in that portion. Additionally, a public eating establishment, including outdoor dining incidental to a public eating establishment, is a permitted use in Portion 1 of the site.
Per the General Development Plan, Portion 2 of the site allows permitted, special, and conditional uses
File No. PDC22-005, PD22-010, & ER21-311
of the HI Heavy Industrial Zoning District, as well as parking and circulation (ingress and egress) for any uses located in Portion 1 of the site. Within Portion 2 of the parcel, one existing motel building is to be retained at the rear of the lot as an incidental office use (staff room and storage facility) to support the hotel use. This use will be allowed per Section 20.50.120. Specifically, the findings in Section
20.50.125.A are made as follows:
1. The incidental office use is directly related to and supportive of an existing industrial permitted, conditional, or special use operating on the site; and
2. The incidental office use occupies a total of no more than fifteen (15) percent or up to 5,000 square feet, whichever is greater, of the site area used and occupied by the existing subject industrial permitted, conditional, or special use.
Analysis: The incidental office use is directly related to the hotel, an existing permitted use in an industrial zone operating on the site, and is 906 square feet, which is less than 5,000 square feet.
Development Regulations
Height and Setbacks:
The height and setbacks for the Planned Development Zoning are listed in the table below, matching the HI Heavy Industrial Zoning District or the CIC Combined Industrial/Commercial Zoning District (with the exception of height) in the Zoning Code, as amended. The table compares the HI Heavy Industrial or CIC Combined Industrial/Commercial Zoning Districts per Section 20.50.200 of the Zoning Code and the proposed HI(PD) Planned Development Zoning District development standards. Per Section
20.60.040.B of the Zoning Code, when a PD permit has been implemented, the provisions of the permit prevail over the regulations of the base district zoning of the property. The table also shows the project compliance with the proposed standards. Only new development (the hotel building and parking and circulation) is evaluated in the tables below; the existing motel building is legal non-conforming and is not subject to these standards per Section 20.150.020.B of the Zoning Code.
Standard CIC Zoning
District
Requirements
HI(PD) Planned
Development Zoning
District Development
Standards (Portion 1)
Project Compliance
with PD Standards
Minimum Front Setback
… to Building 15 feet 15 feet 15 feet
… to Parking & Circulation 20 feet 20 feet 30 feet
… to Loading Docks 60 feet 60 feet 122 feet
Minimum Side Setback Southeast lot line only
… to Building 0 feet 0 feet 6.5 feet
… to Parking & Circulation 0 feet 0 feet 68 feet
… to Loading Docks 0 feet 0 feet 76 feet
Minimum Rear Setback No rear lot line in Portion 1
Maximum Height 50 feet 55 feet 54.5 feet
File No. PDC22-005, PD22-010, & ER21-311
Standard HI Zoning District
Requirements
HI(PD) Planned
Development Zoning
District Development
Standards (Portion 2)
Project Compliance
with PD Standards
Minimum Front Setback
… to Parking & Circulation 15 feet 15 feet 343 feet
… to Loading Docks 15 feet 15 feet N/A
Minimum Side Setback (NW)
… to Parking & Circulation 0 feet 0 feet 30 feet
… to Loading Docks 0 feet 0 feet 30 feet
Minimum Side Setback (SE)
… to Parking & Circulation 0 feet 0 feet 5.5 feet
… to Loading Docks 0 feet 0 feet N/A
Minimum Rear Setback
… to Parking & Circulation 0 feet 0 feet 27.5 feet
… to Loading Docks 0 feet 0 feet 411 feet
Maximum Height 50 feet 50 feet N/A
Vehicle, Bicycle, and Motorcycle Parking:
The minimum number of parking spaces and bicycle spaces required in Table 20-190 of the Zoning Code, as amended, and in the Planned Development Zoning are listed in the tables below. As the project was deemed complete on October 28, 2022, parking requirements referenced to Section 20.90 are being evaluated using the vehicle, bicycle, and motorcycle parking requirements in effect on that date.
Vehicle Parking Zoning Code HI(PD) Planned
Development Zoning
District Development
Standards
Project Compliance
with PD Standards
Hotel 1 per guest room or
suite, plus 1 per
employee
The number of
employees plus 75% of
the number of guest
rooms
99 parking spaces
Analysis: As shown on the plan set for Planned Development Permit PD22-010, there are 99 vehicle parking spaces provided in the project site, where 98 vehicle parking spaces are required (eight employees and 120 guest rooms), in compliance with the HI(PD) Planned Development Zoning District standards. Additionally, per Section 20.50.125.B, no parking is required for the incidental office use.
Bicycle Parking Zoning Code HI(PD) Planned
Development Zoning
District Development
Project Compliance
with PD Standards
File No. PDC22-005, PD22-010, & ER21-311
Standards
Hotel 1 space plus 1 per 10
guest rooms
1 space plus 1 per 10
guest rooms
16 bicycle parking
spaces
Analysis: As shown on the plan set for Planned Development Permit PD22-010, there are 16 bicycle parking spaces provided in the project site (4 long-term and 12 short-term). Per Note 6 of Table 20-190, at least 80% of bicycle parking spaces shall be provided in short-term facilities. Therefore, of the 13 required bicycle parking spaces, at least 11 must be short-term. The project provides bicycle parking in compliance with the HI(PD) Planned Development Zoning District standards.
The minimum number of motorcycle spaces in the Planned Development Zoning is listed in the table below, consistent with Table 20-250 of the Zoning Code, as amended.
Motorcycle Parking Zoning Code HI(PD) Planned
Development Zoning
District Development
Standards
Project Compliance
with PD Standards
Hotel (Commercial) 1 motorcycle space per
20 code required auto
parking spaces
1 motorcycle space per
20 code required auto
parking spaces
6 motorcycle parking
spaces
Analysis: As shown on the plan set for Planned Development Permit PD22-010, there are six motorcycle parking spaces provided at the project site, where five motorcycle parking spaces are required, in compliance with the HI(PD) Planned Development Zoning District standards.
Loading Spaces:
The minimum number of loading spaces required in Section 20.90.410 of the Zoning Code, as amended, and in the Planned Development Zoning are listed in the table below.
Loading Spaces Zoning Code HI(PD) Planned
Development Zoning
District Development
Standards
Project Compliance
with PD Standards
Hotel Minimum 1 space for
10,000 square feet,
plus 1 additional space
for each 20,000 square
feet of floor area.
At least 1 loading
space, restricted to
Class 4 to Class 6
delivery trucks
1 loading space,
restricted to Class 4 to
Class 6 delivery trucks
Analysis: As shown on the plan set for Planned Development Permit PD22-010, there is one loading space, restricted to Class 4 to Class 6 delivery trucks, at the project site, in compliance with the HI(PD) Planned Development Zoning District standards.
Citywide Design Guidelines and Standards Consistency
In a letter dated October 20, 2022, the project applicants requested exceptions for the two Citywide Design Standards below, pursuant to Section 1.1.2 of the Citywide Design Guidelines.
Section 2.3.8, Standard S1. Select trees which at maturity create a tree canopy cover that shades a minimum of 50 percent of each on-site surface parking area.
File No. PDC22-005, PD22-010, & ER21-311
Section 2.3.8, Standard S8. Utilize at least 50 percent of the total landscaped area on a development site for Low Impact Design (LID) site design measures, source controls, and green stormwater infrastructure, including but not limited to bioretention, rain gardens, LID planters, and permeable pavers.
Findings for these exceptions are evaluated together and made below:
1. There is a physical constraint or unique situation that (1) is not created by the project applicant or property owner; and (2) is not caused by financial or economic considerations.
The standards for tree canopy coverage and LID site design measures cannot be met because of the layout required by the shape of the site. Specifically, there is a need for adequate parking for the functional operation of the hotel, and requirements for parking space size, drive aisle width for fire truck access, a fire truck turnaround, and adequate space for circulation of waste haulers must be met. Due to the hook at the back of the lot, a drive aisle is required at the southern portion of the lot to connect to the rear building. Combined with the requirement for 24-foot drive aisles to meet fire requirements for aerial apparatus access roads (with a variance), this results in a design where only three rows of parking can be provided in the middle of the site, with approximately 15 linear feet of landscaping available from north to south, including five feet each at the edges of the site, and five feet between two rows of parking. This heavily restricts the square footage available for landscaping, including areas for tree planting and surface stormwater controls. With a less narrow site without a hook and the same amount of parking spaces, the project could be redesigned to allow less area to be used for circulation, canopy coverage could be kept consistent or increased with the same amount of area depending on the site layout, and additional square footage would be available for LID site design measures.
In addition to the limited space available for landscaping, there are also mutual constraints on tree planting and surface stormwater facilities, such as bioretention: according to the Santa Clara Valley Urban Runoff Pollution Prevention Program’s C.3 Stormwater Handbook, no trees should be planted within 20 feet of an overflow inlet due to root interference and should only be planted at the periphery of bioretention areas. This requirement restricts tree canopy coverage where overflow inlets are needed, including four locations within the parking lot and at the front of the property (see Landscape Plan, Sheet L-1.0).
Therefore, due to the long, narrow, and irregular shape of the lot, this creates a physical constraint where meeting the various requirements for drive aisle location and width and fire truck and waste hauler access results in a design limiting the amount of landscaping at the site. In turn, because stormwater facilities and tree planting are not compatible in all areas, incorporating the required stormwater treatment means that 50% tree canopy coverage cannot be reached, and maximizing the tree canopy means that 50% LID site design measures also cannot be reached. Therefore, the shape of the lot and the design required to meet requirements for the site results in a physical constraint which leads to neither of these standards being met.
2. Approving the exception will not create a safety hazard or impair the integrity and character of the neighborhood in which the subject property is located.
For Standard S1, approving the exception will not create a safety hazard or impair the integrity and character of the neighborhood because not having 50% tree canopy is not a safety hazard, and would not impair the integrity and character of the neighborhood because the surrounding neighborhood is minimally landscaped. Moreover, the project is meeting other landscaping requirements in Section 20.50.260 and Section 2.3.8 of the Citywide Design Guidelines, including requirements for landscaped setback areas, tree well dimensions, and tree location.
File No. PDC22-005, PD22-010, & ER21-311
For Standard S8, the site meets stormwater obligations with the use of lined and unlined at-grade bioretention basins. Public Works and Environmental Services have reviewed the Stormwater Control Plan and numeric sizing calculations for this project and found the project in conformance with the Post-Construction Urban Runoff Management Policy (Council Policy 6-29), which established requirements to minimize and treat stormwater runoff consistent with the San Francisco National Pollutant Discharge Elimination System (NPDES) Permit (“MRP”). Council Policy 6-29 seeks to minimize runoff through site design, prevent polluted runoff with source control, and treat stormwater with LID. Through evaluation of the Stormwater Evaluation Form, the Stormwater Control Plan, and the Stormwater Control Details, Public Works and Environmental Services determined that based on the amount of impervious area at the site, the project properly diverts and treats a sufficient amount of stormwater to reduce run-off and pollution in conformance with the MRP through the use of at-grade landscape-based bioretention planters. Therefore, approving this exception will not create a safety hazard or impair the integrity and character of the neighborhood because the project still meets their obligations for retention and treatment of stormwater, and the lack of LID site design measures would not cause flooding and would not change the integrity and character of the neighborhood.
3. The proposed project meets the intent of the design standard to the extent feasible.
For Standard S1, as much as possible of the on-site surface parking area, including drive aisles, has been shaded, and shading will reach 34% of the on-site parking area at maturity. Due to the restricted amount of landscaped area available for trees and the requirement for some surface stormwater facilities within landscaped areas, this percentage is the maximum feasible for the project.
For Standard S8, 17% of the total landscaping is to be used as LID site design measures, as providing tree canopy coverage per Standard S1 has been prioritized, and as per finding (a), stormwater facilities and tree planting can be mutually exclusive goals. At-grade landscape-based bioretention planters have been used to comply with stormwater obligations per Council Policy 6-29, as stated in finding (b).
The project complies with the following key Citywide Design Standards:
Section 2.3.6, Standard S1. For medium and large sites, place the first parking stall at least 30 feet away from the driveway when accessing a parking lot from a primary street to allow cars to stack on site rather than in the street.
Analysis: The first parking stall is 30 feet from the driveway when accessing the parking lot from Monterey Road, a primary street.
Section 3.3.7, Standard S1. In General Plan growth areas, ground floor elevation fronting primary streets must have high quality materials and texture for at least 50 percent of the non-glass areas. High quality materials include (but are not limited to) stone, marble, granite, brick, tile, wood, terracotta, and steel.
Analysis: The ground-floor elevation fronting Monterey Road, a primary street, is composed of glass, stone, and stucco. Of the non-glass areas, 70% of the elevation is composed of stone.
Section 3.3.7, Standard S3. For buildings taller than four stories, limit the use of stucco to a maximum of 60 percent of any façade that faces a street in General Plan growth areas.
Analysis: The façade facing Monterey Road is composed of glass, stucco, and stone. 58% of the façade is stucco, which is less than 60%.
File No. PDC22-005, PD22-010, & ER21-311
Section 4.1.1, Standard S2. Create transparent façades with windows or clear glazing for at least 70 percent of the active frontage length along primary streets.
Analysis: Transparent facades with clear glazing (glass) is proposed for 83% of the ground floor active frontage length along Monterey Road.
PERMIT FINDINGS
Planned Development Permit Findings
To make the Planned Development Permit findings pursuant to San José Municipal Code Section
20.100.940 and recommend approval to City Council, the Planning Commission must determine that:
1. The planned development permit, as issued, is consistent with and furthers the policies of the general plan; and
Analysis: As analyzed above, the project is consistent with the Combined Industrial/Commercial and Heavy Industrial land use designations per the General Plan, including relevant goals and policies.
This includes consistency with policies regarding lots with multiple General Plan designations, incidental uses, and Planned Development Zonings.
Most specifically, the planned development permit is consistent with General Plan policy IP-1.4, which allows some flexibility in the boundary between designations for a property with multiple land use designations, so long as the same general land area and allocation of uses be maintained.
A hotel is only allowed in the Combined Industrial/Commercial designation, but its footprint extends into the Heavy Industrial designation. Therefore, the Planned Development Zoning for this project divides the parcel into two portions, one based on the CIC Combined Industrial/Commercial Zoning District, and one based on the HI Heavy Industrial Zoning District, with the hotel included entirely in the CIC-based portion. These portions do not match the boundaries of the General Plan Land Use/Transportation Diagram; however, the land area allocated to each of the portions in the Planned Development Zoning do match the land area of the General Plan designations. Therefore, this Planned Development Permit is consistent with General Plan policy IP-1.4 in that it is on a site with multiple land use designations, and the same general land area and allocation of uses are maintained for the site, and that the rear of the site can continue to be developed for Heavy Industrial uses.
2. The planned development permit, as issued, conforms in all respects to the planned development zoning of the property; and
Analysis: As analyzed above, the project is consistent with the proposed HI(PD) Planned Development Zoning District Development Standards. The project is consistent with the parking, setback, height, and landscaping requirements of the Planned Development Standards and the General Development Plan.
3. The planned development permit, as approved, is consistent with applicable city council policies, or counterbalancing considerations justify the inconsistency; and Analysis: As discussed under the City Council Policy Consistency section below, the project conforms to City Council Policy 6-30 (Public Outreach Policy for Pending Land Use and Development Proposals). The project is considered a Large Development Proposal because it includes over 60,000 square feet of commercial uses. Public notice for a community meeting was provided to residents and businesses within 1,000 feet of the project site and the community meeting was held virtually on September 26, 2022. An on-site sign has been posted on the project frontage, updated to current project information on September 9, 2022. The staff report was posted on the City’s website and staff has been available to respond to questions from the public.
File No. PDC22-005, PD22-010, & ER21-311
4. The interrelationship between the orientation, location, mass and scale of building volumes, and elevations of proposed buildings, structures and other uses on-site are appropriate, compatible and aesthetically harmonious; and
Analysis: The new hotel is built facing the street at the Monterey Road frontage. It is five stories and
54.5 feet, and with exteriors made of stone, glass, and stucco. These elevations are compliant with the Citywide Design Guidelines, as analyzed above. The project includes a porte-cochère characteristic of hotels over the main entryway. The remainder of the site is to be used as parking for the hotel, and an incidental office space at the rear of the site in an existing brick-clad building.
The proposed uses are appropriate, compatible, and aesthetically harmonious with one another in that the existing building and the parking lot will be supportive of the main hotel building and the buildings both use high-quality materials (brick and stone).
5. 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 unacceptable negative effect on adjacent property or properties.
Analysis: All construction activity and its impacts, including but not limited to noise, vibration, dust, drainage, erosion, storm water runoff, and odor, would be temporary. Standard environmental conditions are included, requiring dust control, minimizing vehicle exhaust, preventing stormwater pollution from site runoff, and minimizing mechanical noise. Additionally, the Initial Study/Mitigated Negative Declaration prepared for the project concluded that all potential environmental impacts of the project will be mitigated.
Demolition Findings
Per Section 20.80.460 of the Municipal Code, prior to the issuance of any Development Permit which allows for the demolition, removal or relocation of a Building, the approval authority shall determine whether the benefits of permitting the demolition, removal or relocation outweigh the impacts of the demolition, removal or relocation. In making such a determination, the following factors shall be considered. Staff recommends the Planning Commission adopt the considerations below for each factor, based on the above stated findings related to General Plan, Zoning and CEQA conformance and other reasons stated below, and subject to the conditions set forth in the Resolution:
1. The failure to approve the permit would result in the creation or continued existence of a nuisance, blight or dangerous condition;
2. The failure to approve the permit would jeopardize public health, safety or welfare; Analysis: The property contains no nuisance, blight, or dangerous conditions. It would be speculative to conclude that failure to approve the permit would result in the creation of nuisance, blight, or dangerous conditions, or jeopardize the public health, safety, or welfare.
3. The approval of the permit should facilitate a project that is compatible with the surrounding neighborhood;
Analysis: The approval of the permit facilitates a project compatible with the surrounding neighborhood, in that it is a new hotel replacing an existing motel which has been in the neighborhood since the early 1940s. This project improves compatibility with the neighborhood by moving most guest rooms into the Combined Industrial/Commercial-designated portion of the site and vacating much of the Heavy Industrial-designated portion of the site.
4. The approval of the permit should maintain the supply of existing housing stock in the City of San José;
File No. PDC22-005, PD22-010, & ER21-311
Analysis: Approval of the permit does not affect the supply of existing housing stock in the City of San José. The existing use of the property is a motel and the proposed use is a hotel, neither of which are residential uses, so the supply of housing stock in the City is not affected by this proposal.
5. Both inventoried and non-inventoried buildings, sites and districts of historical significance should be preserved to the maximum extent feasible;
6. Rehabilitation or reuse of the existing building would not be feasible; and Analysis: The Casa Linda Motel is on the Historic Resources Inventory. One of the existing buildings is being maintained at the project site as a staff room. The remaining buildings have been determined to be historic resources of lesser significance, and the Resolution includes conditions to document the buildings and to offer the buildings for relocation and salvage. The rehabilitation or reuse of the existing buildings would not be feasible should the new project be constructed, as the new building, circulation, and landscaping occupies much of the footprint of the existing buildings and is intended to replace the existing buildings. Additionally, the reuse of these buildings is also not economically feasible, as the new project includes 120 guestrooms, which is a large increase over the existing 30-room motel.
7. The demolition, removal or relocation of the building without an approved replacement building should not have an adverse impact on the surrounding neighborhood.
Analysis: A replacement building would be approved in this application, and the existing buildings could not be demolished prior to submittal of a building or grading permit for the replacement building.
Tree Removal Permit Findings
Chapter 13.32 of Title 13 of the San José Municipal Code establishes required findings for issuance of a Live Tree Removal Permit for ordinance-size trees, as follows:
1. That the tree affected is of a size, type and condition, and is in such a location in such surroundings, that its removal would not significantly frustrate the purposes of this chapter as set forth in Section
13.32.010; or
2. That the location of the tree with respect to a proposed improvement unreasonably restricts the economic development of the parcel in question; or
3. That the condition of the tree with respect to disease, danger of falling, proximity to an existing or proposed structure, and/or interference with utility services, is such that preservation of the public health or safety requires its removal.
Analysis: Eight ordinance-size trees (six Mexican fan palms, one Canary Island date palm, and one unidentified deciduous tree) are to be removed from the site through criteria (b) above. The trees are located in areas where their removal is required in order to construct the new entryway to the hotel (Trees ET3, ET5, ET6, and ET9) or to construct circulation and parking for the hotel (Trees ET10, ET11, ET12, and ET13).
Three non-ordinance-size trees (two Queen palms and one Mexican fan palm) can be removed without findings. All of these trees have a circumference between 19 and 38 inches (diameter of 6 to 12 inches).
One street tree (a London plane) is being removed but is not covered under the scope of this application.
File No. PDC22-005, PD22-010, & ER21-311
The City’s Tree Replacement ratio is shown below. As all trees are non-native, the equivalent of 38 15-gallon replacement trees is required. The project plans indicate the planning of 48 24-inch box trees and two 15-gallon trees (equivalent to 98 15-gallon replacement trees) to comply with the tree replacement requirement. The replacement trees are 15 Chinese evergreen elms, 18 Queen palms, 15 Arbutus ‘Marina’ (Strawberry trees), and two Coast Redwoods.
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 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 tree equals two 15-gallon trees.
City Council Policy Consistency
City Council Policy 6-30: Public Outreach Policy for Pending Land Use Development Proposals Staff followed Council Policy 6-30: Public Outreach Policy. This project was considered a Large Development Proposal, as it proposed over 60,000 square feet of commercial uses. Therefore, a notice of Community Meeting was posted to the City’s website and mailed to the owners and tenants of all properties located within 1,000 feet of the project site ahead of the meeting, which was held over Zoom on September 26, 2022. Two community members attended the meeting and there were no questions or comments about the project.
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. An on-site sign with the updated project information was posted on the project frontage on September 9, 2022. The staff report is also posted on the City’s website. Staff has been available to respond to questions from the public.
To date, no public comments have been received for this application.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The City of San José, as the lead agency for the project, prepared an Initial Study/Mitigated Declaration (MND) in full compliance with CEQA. The MND was circulated for public review and comments from March 30, 2023 through April 18, 2023. Due to a mistake in uploading to the State Clearinghouse, the MND was recirculated from April 19, 2023 to May 8, 2023. One formal letter was received from the Santa Clara Valley Water District during the public circulation period, with comments regarding minor edits related to flood zone depth. The comment letter did not result in any substantial changes to the project description, analyses, and/or impacts that was previously disclosed in the IS/MND. These environmental comments are addressed by staff in a formal Response to Comments document.
File No. PDC22-005, PD22-010, & ER21-311
The Initial Study identified relevant mitigation measures for potential impacts to nesting birds, impacts on archaeological deposits during excavation and construction, and construction noise and vibration impacts on adjacent buildings and businesses. In addition, standard permit conditions are made part of the permit approval. These standard permit conditions include best management practices for controlling dust and exhaust during construction, tree replacement, compliance with the Habitat Plan, uncovering buried archaeological or historic resources and human remains during construction activities, preventing impacts from lead-based paint and asbestos during demolition activities, preventing stormwater pollution during construction, managing mechanical equipment noise, and interior noise levels. 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 this permit.
The Initial Study concluded that the proposed project would not result in any significant and unavoidable environmental impacts with implementation of identified mitigation measures. Therefore, an EIR is not required, and an Initial Study/Mitigated Negative Declaration is the appropriate level of CEQA clearance for the project.
The IS/MND, Response to Comments, and other related environmental documents are available on the Planning web site at: https://www.sanjoseca.gov/your-government/departments-offices/planning- building-code-enforcement/planning-division/environmental-planning/environmental- review/negative-declaration-initial-studies/fairfield-inn-and-suites
PUBLIC OUTREACH
Staff followed Council Policy 6-30: Public Outreach Policy to inform the public of the proposed project. A community meeting was held and an on-site sign was posted on the property, consistent with the City Council Policy, as discussed above.
Staff has not received any comments from the public for this file.
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: Jason Lee
Approved by: /s/ Robert Manford, for Christopher Burton, Planning Director
File No. PDC22-005, PD22-010, & ER21-311
ATTACHMENTS:
Exhibit A: Vicinity Map, Aerial
Exhibit B: General Plan Land Use Designation
Exhibit C: Zoning District
Exhibit D: Planned Development Zoning PDC22-005 Ordinance Exhibit E: Planned Development Permit PD22-010 Resolution Exhibit F: Draft PDC22-005 Development Standards
Exhibit G: Planned Development Zoning PDC22-005 Plan Set Exhibit H: Planned Development Permit PD22-010 Plan Set Exhibit I: Fairfield Inn CEQA Determination Draft Resolution
Development Review
Project Manager
Environmental Project Manager
Jason Lee
[email protected]
(408) 535-3887
Bethelhem Telahun
[email protected]
(408) 535-5624
Owner Applicant Applicant Representative
Casa Linda Motel, LLC
1669 Monterey Road
San Jose, CA 95112
Dhaval Panchal, on behalf of
Casa Linda Motel, LLC
1669 Monterey Road
San Jose, CA 95112
Erik Schoennauer
[email protected]
(408) 947-7774
File No. PDC22-005, PD22-010, & ER21-311
Exhibit A: Vicinity Map/Aerial
File No. PDC22-005, PD22-010, & ER21-311
Exhibit B: General Plan Land Use Designation
File No. PDC22-005, PD22-010, & ER21-311
Exhibit C: Zoning District Map
The project site will be rezoned to the HI(PD) Planned Development Zoning District (no change in color).
PDC22-005, PD22-010 & ER21-311
Links to Attachments D - I
Click on the title to view document
Exhibit D: Draft Planned Development Zoning PDC22-005 Ordinance Exhibit E: Draft Planned Development Permit PD22-010 Resolution Exhibit F: Draft PDC22-005 Development Standards
Exhibit G: Planned Development Zoning PDC22-005 Plan Set Exhibit H: Planned Development Permit PD22-010 Plan Set Exhibit I: Draft Fairfield Inn CEQA Determination Resolution