COUNCIL AGENDA:
FILE:
08/08/23
23-1000
ITEM: 10.1c
CITY COUNCIL STAFF REPORT
File No. Moorpark No. 24 & C20-001
Applicant: Kelly Rutchena, TTLC San Jose Moorpark, LLC
Location North side of Moorpark Avenue, approximately 130 feet west of Central Way (2323-2391 Moorpark
Avenue) (APN: 282-01-014, 015, 016, 022, 023,
024 & 025)
Existing Zoning Unincorporated
General Plan Land Use Designation Mixed Use Neighborhood Council District 6
Historic Resource N/A
Annexation Date: N/A
CEQA: Moorpark Avenue Multi family Residential Project
Initial Study/Mitigated Negative Declaration
APPLICATION SUMMARY:
Conforming pre-zoning of seven parcels within Santa Clara County unincorporated territory totaling 2.01-gross acres, to the City of San José MUN Mixed Use Neighborhood Zoning District, and the annexation of the subject property and portions of Moorpark Avenue to the City of San José.
RECOMMENDATION:
(1) Adopt a resolution adopting the Initial Study/Mitigated Negative Declaration for the Moorpark Avenue Multifamily Residential Project and the associated Mitigation Monitoring and Reporting Program, in accordance with the California Environmental Quality Act, as amended. (2) Approve an ordinance pre-zoning certain real property of approximately 2.01 gross acres situated on the north side of Moorpark Avenue, approximately 130 feet westerly of Central Way (2323-2391 Moorpark Avenue), from unincorporated territory within the County of Santa Clara to the City of San José MUN Mixed Use Neighborhood Zoning District. (3) Adopt a resolution initiating proceedings and setting August 22, 2023 for City Council consideration of the reorganization of the territory designated as Moorpark No. 24, which involves the annexation to the City of San José of approximately 2.01 gross acres of land from Santa Clara County unincorporated territory and the detachment of the same from the appropriate special districts.
__________________________________________________________________________ __
HONORABLE MAYOR AND CITY COUNCIL
July 17, 2023
Subject: Moorpark No. 24 & C20-001
PROJECT DATA
GENERAL PLAN CONSISTENCY
General Plan Designation Mixed Use Neighborhood
Consistent Inconsistent
Consistent Policies General Plan Policies FS-3.9, IP-1.1, IP-1.7, and IP-
8.2 SURROUNDING USES
General Plan Land Use Zoning Existing Use
North N/A N/A Interstate 280
South Public/Quasi-Public Unincorporated Santa Clara Valley Medical Center
East Mixed Use Neighborhood
& Residential
Neighborhood
Unincorporated Multifamily residential &
Single-family residential
West Mixed Use Neighborhood Unincorporated Multifamily residential
PROJECT DESCRIPTION
Site Description and Surrounding Uses
Figure 1 - Aerial Map
As shown in the aerial map (Figure 1) above, the subject site consists of seven parcels on an approximately 2.01-gross-acre site located on the north side of Moorpark Avenue, approximately 130 feet west of Central Way at 2323-2391 Moorpark Avenue (APN: 282-01-014, 015, 016, 022, 023, 024 & 025). The site is currently developed with 14 vacant residential buildings containing 30 multifamily rental units, associated storage buildings, carports, surface parking, and
HONORABLE MAYOR AND CITY COUNCIL
July 17, 2023
Subject: Moorpark No. 24 & C20-001
landscaping. The site is surrounded by Interstate 280 to the north, multifamily and single-family residences to the east, the Santa Clara Valley Medical Center across Moorpark Avenue to the south, and multifamily residences to the west. The subject site is currently accessible from a driveway at the front of the site along Moorpark Avenue and a driveway from the rear of the site along Central Way.
Background
On January 23, 2020, the applicant, Kelley Rutchena, on behalf of the property owners, submitted the following two Planning applications:
1. Annexation (File No. Moorpark 24) to allow the annexation of the approximately 2.01- gross ace site into the City of San José jurisdiction from the unincorporated Santa Clara County jurisdiction on the project site situated on the north side of Moorpark Avenue, approximately 130 feet west of Central Way (2323-2391 Moorpark Avenue).
2. Pre-zoning (File No. C20-001) to pre-zone the above unincorporated area to the MUN Mixed Use Neighborhood Zoning District.
On November 12, 2020, the applicant also submitted the following two Planning applications:
3. Site Development Permit (File No. H20-035) to allow the demolition of all existing structures on site and the removal of 47 trees (22 ordinance-size, 25 non-ordinance-size) for the construction of 41 residential townhome units configured in five three-story buildings on an approximately 2.01-gross-acre site.
4. Vesting Tentative Map (File No. T20-029) to merge 7 parcels into one parcel and re- subdivide into 11 parcels with up to 41 residential condominiums on an approximately
2.01-gross-acre site.
The annexation application includes the detachment from the appropriate districts including the West Valley Sanitation District, Central Fire Protection District, Santa Clara County Lighting Service Area, and Santa Clara County Library Services.
The applicant filed concurrent applications for the subject site, but only the annexation initiation and pre-zoning components of the project are being considered at this time. The public hearing for the related Planning permits (Site Development Permit (H20-035) and Vesting Tentative Map (T20-029)) will proceed after the City Council’s hearing ordering annexation The analysis of the Site Development Permit and Vesting Tentative Map is therefore not included in this staff report but will be analyzed in the permits for the subsequent Planning Director’s Hearing.
For the purposes of CEQA compliance, the Initial Study/Mitigated Negative Declaration (IS/MND) was required to analyze the whole of the action, covering all separate discretionary actions and planning activities associated with project entitlement and development of the 2.01- gross-acre site, including the pre-zoning application, annexation, Site Development Permit, and Vesting Tentative Map. A discussion of the CEQA analysis is included below.
HONORABLE MAYOR AND CITY COUNCIL
July 17, 2023
Subject: Moorpark No. 24 & C20-001
ANALYSIS
Envision San José 2040 General Plan Conformance
Figure 2 - General Plan Land Use Map
As shown in Figure 2 above, the subject site has an Envision San José 2040 General Plan land use
designation of Mixed-Use Neighborhood. This designation is applied to areas intended for development primarily with either townhouses or small lot single-family residences and also to existing neighborhoods that were historically developed with a wide variety of housing types, including a mix of residential densities and forms. This designation supports commercial or mixed- use development integrated within the Mixed-Use Neighborhood area. Existing neighborhoods with this designation are typically characterized by a prevalence of atypical lot sizes or shapes and a parcel-by-parcel development pattern where small townhouse development may exist adjacent to more traditional single-family development or more intense multifamily development.
HONORABLE MAYOR AND CITY COUNCIL
July 17, 2023
Subject: Moorpark No. 24 & C20-001
Analysis: The MUN Mixed Use Neighborhood Zoning District is intended to implement the Mixed-Use Neighborhood general plan land use designation. Therefore, the pre- zoning of the site to the MUN Mixed Use Neighborhood Zoning District is the conforming district to this General Plan land use designation.
The proposed pre-zoning is also consistent with the following General Plan policies:
a. Fiscally Sustainable Land Use Framework Policy FS-3.9: Per City, County, and LAFCO policy, locate existing and future urban development within city boundaries. Implement this policy through San José’s existing agreement with Santa Clara County which requires that unincorporated properties within the Urban Service Area either annex to the City, if possible, or execute a deferred annexation agreement prior to approval of development.
b. I
mplementation Policy I P-1.1 Land Use/Transportation Diagram: Use the Envision General Plan Land Use/Transportation Diagram designations to indicate the general intended land use, providing flexibility to allow for a mix of land uses, intensities and development forms compatible with a wide variety of neighborhood contexts and to designate the intended roadway network to be developed over the timeframe of the Envision General Plan. Use the Zoning designation to indicate the appropriate type, form and height of development for particular properties.
c. I
mplementation Policy IP -1.7 Land Use/Transportation Diagram: Ensure that proposals to rezone and pre-zone properties conform to the Land Use / Transportation Diagram, and advance Envision General Plan vision, goals and policies. d. I
mplementation Policy IP-8.2- Zoning: Use the City’s conventional zoning districts, contained in its Zoning Ordinance, to implement the Envision General Plan Land Use/Transportation Diagram. These districts include a range of allowed land uses, development intensities, and standards within major land use categories (residential, commercial and industrial) together with zoning districts for other land uses such as mixed-use and open space. The various ranges of allowed use and development intensity correspond generally to the respective Envision General Plan land use designations, while providing greater detail as to the appropriate land uses and form of development.
Analysis: The Project Site is within the City’s Urban Growth Boundary and Urban Service Area and is connected to the boundary of the City of San José. The MUN zoning district is a conventional zoning district. Pursuant to Table 20-270 of the Zoning
Ordinance Section 20.120.110, the MUN Zoning District is a conforming zoning district to Mixed Use Neighborhood General Plan Land Use designation.
Zoning Ordinance Conformance
The subject site is currently located in an unincorporated area of Santa Clara County and is not within an existing City Zoning District. As shown in Figure 3 below, the recommended action would pre-zone the site to the MUN Mixed Use Neighborhood Zoning District. This proposed pre-zoning conforms with Table 20-270, Section 20.120.110 of the Zoning Code, as discussed above, which identifies the MUN Zoning District as a conforming district to the Mixed Use Neighborhood General Plan Land Use/Transportation Diagram land use designation.
The MUN Zoning District would allow the project site to be developed in accordance with the allowable uses listed under Table 20-138, Section 20.55.203 of the Zoning Code.
HONORABLE MAYOR AND CITY COUNCIL
July 17, 2023
Subject: Moorpark No. 24 & C20-001
Figure 3 – Zoning Map
The recommended action includes annexation of the approximately 2.01-gross acre site from unincorporated Santa Clara County to the City of San José, including detachment from the West Valley Sanitation District, Central Fire Protection District, Santa Clara County Lighting Service Area, and Santa Clara County Library Services. Upon completion of the annexation proceedings, the subject site and future development would be eligible to connect to City services, and the aforementioned MUN Zoning District would be effective.
Climate Smart San Jose
The recommendation in this memorandum aligns with one or more Climate Smart San José goals. If the subject site is pre-zoned and annexed to the City of San José, it will allow a development permit for the construction of 41 townhouses to proceed, which would increase the density of new development in persons per acre.
EVALUATION AND FOLLOW UP
If the City Council approves the pre-zoning of the subject site to the MUN Mixed Use Neighborhood Zoning District, and adopts a resolution initiating the annexation of the subject site, then the project would be heard at the August 22, 2023 City Council hearing where the annexation would be ordered. After the City Council orders the annexation, the associated applications for a Site Development Permit and Vesting Tentative Map would be heard at a Planning Director’s Hearing. The City of San José reserves the right to seek Santa Clara Local
HONORABLE MAYOR AND CITY COUNCIL
July 17, 2023
Subject: Moorpark No. 24 & C20-001
Area Formation Commission’s (“LAFCO”) certification and record the resolution ordering annexation upon issuance of a building permit or at any time prior to issuance of a building permit. Upon obtainment of LAFCO’s certification of the proposed annexation and recordation of the resolution ordering annexation with the Office of the County Clerk-Recorder for the County of Santa Clara, the approximately 2.01-gross-acre area of unincorporated Santa Clara County designated as Moorpark No. 24 will be within the incorporated area of the City of San José and eligible to receive City services.
COST SUMMARY/IMPLICATIONS
If the annexation is ordered by City Council, the annexation resolution includes a provision to allow the City the right to seek LAFCO’s certification of the annexation only upon issuance of a building permit or at any time prior to such issuance. Further, the design of public improvements must be approved and bonded. Upon issuance of a building permit, City staff would submit the required documentation to LAFCO for the certification of the annexation. LAFCO would finalize and record a Certification of Completion. The annexation would become effective on the date that the Certification of Completion is recorded by LAFCO. If the subject site is annexed to the City, the site would be detached from the appropriate districts including the West Valley Sanitation District, the Central Fire Protection District, the Santa Clara County Lighting Service Area, and the Santa Clara County Library Services.
If the annexation is approved, and the permittee proceeds with constructing the project, the permittee will be required to construct public improvements, at their own cost, associated with the aforementioned Site Development Permit (File No. H20-035) and Vesting Tentative Map (File No. T20-029). Public improvements associated with the proposed project include provision of a 66-foot-wide curb-to-curb width and 90-foot right-of-way width along Moorpark Avenue, a new 12-foot-wide detached sidewalk with a park strip along Moorpark Avenue, a new 9-foot- wide detached sidewalk with a park strip along Central Way, the construction of two 26-foot- wide driveways along Central Way, and modification of the signal at the project frontage for the Moorpark Avenue and Turner Drive intersection, including lengthening of the existing pedestrian crosswalk and relocation of the existing signal poles.
The City does not intend to annex the subject site until the issuance of a building permit. If a building permit is issued and the subject site is annexed but the permittee does not proceed with constructing the project, the City will likely be responsible for the maintenance of infrastructure and replacement of any infrastructure in disrepair, including but not limited to storm, sewer, and drainage, street lighting, asphalt repairs, and ADA compliance. The sidewalk, curb, and gutter would be the responsibility of the property owner. As discussed previously, the existing buildings on site are vacant. The money that is bonded as part of the required public improvements associated with the project would be used to fund the necessary public improvements for the property. In addition to any public improvements, the City would be responsible for providing emergency services including Police and Fire Department services upon annexation of the property into the City. Library services would also be provided by the City.
HONORABLE MAYOR AND CITY COUNCIL
July 17, 2023
Subject: Moorpark No. 24 & C20-001
COORDINATION
This staff report was coordinated with the City Attorney’s Office.
PUBLIC OUTREACH
To inform the public of the project, staff followed Council Policy 6-30: Public Outreach Policy.
A notice of the public hearing was distributed to the owners and tenants of all properties located within 500 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.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The City of San José, as the lead agency for the project, prepared an Initial Study/Mitigated Negative Declaration (MND) in full compliance with CEQA. The MND was circulated for public review and comments from April 25, 2023 through May 16, 2023.
The Initial Study concluded that the development proposal for the site and associated discretionary actions would not result in any significant and unavoidable environmental impacts, with the 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 recommended actions associated with the site.
The IS/MND 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/moorpark-avenue-multi-family-residential-project.
COMMISSION RECOMMENDATION AND INPUT
No commission recommendation or input is associated with this action.
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, Director
Planning, Building and Code Enforcement
HONORABLE MAYOR AND CITY COUNCIL
July 17, 2023
Subject: Moorpark No. 24 & C20-001
For questions, please contact Robert Manford, Deputy Director, at (408) 535-7900.
Attachments:
Exhibit A – Vicinity/Aerial Map
Exhibit B – General Plan Map
Exhibit C – Zoning Map
Exhibit D – County Surveyors Report
Exhibit E – Legal Description and Plat Map
Exhibit A: Vicinity Map/Aerial
Exhibit B: General Plan Land Use Designation
Exhibit C: Zoning Map
Board of Supervisors: Sylvia Arenas, Cindy Chavez, Otto Lee, Susan Ellenberg, S. Joseph Simitian County Executive:
Jeffrey V. Smith
May 24th, 2023
Mr. Manuel (Alec) Atienza
Planner
City of San Jose
Planning Division
200 E. Santa Clara Street, 3rd Floor
San Jose, CA. 95113
SUBJEC
T: Moorpark No. 24 Annexation
Dear Mrs
. Flores,
The att
ached revised description and map dated September 28th, 2020 of territory proposed for annexation to the City of San Jose, entitled Moorpark No. 24 is in accordance with Government Code Section 56757 (c) (2). The boundaries of said territory are definite and certain. The proposal is in compliance with the Local Agency Formation Commission's road annexation policies.
Sincerely,
August H
anks, PLS 9274
County Surveyor
amh
Attachme
nt
cc: LA
FCO Executive Officer (w/attachment)
Tuan Au, County Assessor’s Office (w/attachment)
County of Santa Clara
Planning and Development
Office of the County Surveyor
County Government Center
70 West Hedding Street, E. Wing, 7 th Floor
San Jose, California 95110
(408) 299 -5730
Exhibit D: County Surveyors Report
City of San Jose
Proposed Annexation Area
Moorpark No. 24
0 700 1,400 2,100350
Feet
Q
This map was created was by the Santa Clara County Surveyor's Office. The GIS data was compiled from various sources.While deemed reliable, the Surveyor's Office assumes no liability.
City of
San Jose
City of
San Jose
City of
San Jose
MOORPARK AVE.
Strevens Creek Blvd.
HIGHWAY 280
HIGHWAY 880HIGHWAY 17
So. Bascom Ave.
EXHIBIT ‘A’
LEGAL DESCRIPTION
SAN JOSE, CALIFORNIA
ALL OF LOT 264 AND PORTIONS OF LOTS 265, 266, 267, 268, 269 OF TRACT 228 BRADLEY MANOR - UNIT NO. 3, A PORTION OF PARCEL A AND ALL OF PARCEL B OF THE RECORD OF SURVEY FILED IN BOOK 139 PAGE 13 AND PARCEL TWO OF THE DEED RECORDED IN DOC. NO. 22862290 ON FEBRUARY 24, 2015, OFFICIAL RECORDS OF SANTA CLARA COUNTY, MORE PARTICULARY DESCRIBED AS FOLLOWS:
COMMENCING AT THE 1” IRON PIPE WITH TAG AND NAIL, AT THE INTERSECTION OF CENTRAL WAY (FORMERLY BRADLEY AVENUE) AND CENTRAL WAY, THENCE NORTH 89°31’24” WEST 253.59 FEET TO A 1” IRON PIPE WITH PLUG AND TACK, THENCE SOUTH 56°49’28” EAST, 51.83’ FEET TO THE NORTHEAST CORNER OF SAID LOT 265 AND THE POINT OF BEGINNING;
THENCE, SOUTH 0°28’36” WEST, 104.93 FEET;
THENCE, SOUTH 89°31’24” EAST, 55.00 FEET;
THENCE, SOUTH 0°28’36” WEST, 105.13 FEET;
THENCE, NORTH 89°26’40” WEST, 55.32 FEET;
THENCE, SOUTH 43°11’17” EAST, 24.92 FEET;
THENCE, NORTH 89°26’40” WEST, 203.35 FEET;
THENCE, NORTH 00°33’13” EAST, 18.00 FEET;
THENCE, NORTH 89°26’40” WEST, 110.53 FEET;
THENCE, NORTH 0°27’23” EAST, 272.97 FEET;
THENCE, SOUTH 86°47’53” EAST, 189.69 FEET;
THENCE, SOUTH 43°13’01” EAST, 23.58 FEET TO A POINT ON CURVE; THENCE, ALONG AN ARC OF A NON-TANGENT CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 51°52’32” EAST, HAVING A RADIUS OF 40.00 FEET, THROUGH A CENTRAL ANGLE OF 176°15’12”, AN ARC LENGTH OF 123.05 FEET TO A POINT OF REVERSE CURVATURE;
THENCE, ALONG AN ARC OF A TANGENT CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 48°07’44” EAST, HAVING A RADIUS OF 40.00 FEET, THROUGH A CENTRAL ANGLE OF 48°03’39”, AN ARC LENGTH OF 33.55 FEET TO THE POINT OF BEGINNING;
CONTAINING AN AREA OF 81,694 SQUARE FEET OR 1.875 ACRES OF LAND, MORE OR LESS.
A PLAT OF THE ABOVE DESCRIBED PROPERTY IS ATTACHED AS EXHIBIT “B” AND BY THIS REFERENCE MADE A PART HEREOF.
BEARING AND DISTANCES HEREIN ARE BASED ON THE PARCEL MAP FILED IN BOOK 903 OF MAPS AT PAGES 2-3, SANTA CLARA COUNTY RECORDS.
THE LEGAL DESCRIPTION HEREIN WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE LAND SURVEYOR’S ACT IN JANUARY 2020.
END OF DESCRIPTION
RYAN M. SEXTON / PLS 9177
Exhibit E: Legal Description and Plat Map
INTERSTATE 280
CENTRAL WAY
MOORPARK AVENUE
ΔΔ
AREA81,694±
1.88± ACRES
2260 CENTRAL WAY, 2323, 2373,2389 & 2391 MOORPARK AVECITY OF SAN JOSECOUNTY OF SANTA CLARA STATE OF CALIFORNIAPLAT TO ACCOMPANYDESCRIPTIONEXHIBIT 'B' 4670 WILLOW ROAD, STE. 125 TEL 925.847.1556PLEASANTON, CA 94588 FAX 925.847.1557BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
CENTRAL WAYFORMERLY BRADLEY AVENUE