COUNCIL AGENDA:
FILE:
ITEM:
9/26/23
23-1283
10.1(a)
CITY COUNCIL STAFF REPORT
File Nos. C23-093 & ER23-084
Applicant Daniel Dermer, Higher Fire
Location East side of North 7th Street, approximately 200 feet northwesterly from the intersection of North
7th Street and East Empire Street (520 North 7th
Street; APNs 249-36-011, 012, & 013)
Existing Zoning LI Light Industrial
Proposed Zoning MUN Mixed-Use Neighborhood
Council District 3
Historic Resource No
Annexation Date March 27, 1950
CEQA Determination of Consistency with the Envision
San José 2040 General Plan EIR (Resolution No.
76041) and the Envision San José General Plan
Supplemental EIR (Resolution No. 77617), and
Addenda thereto
AP
PLICATION SUMMARY:
C
onforming Rezoning from the LI Light Industrial Zoning District to the MUN Mixed-Use Neighborhood Zoning District on an approximately 0.44-gross-acre site located on the east side of North 7th Street, approximately 200 feet northwesterly from the intersection of North 7th Street and East Empire Street (520 North 7th Street; APNs 249-36-011, 012, & 013).
RE
COMMENDATION:
Staff recommends that the City Council:
1. Consider the Determination of Consistency with the Envision San José 2040 General Plan EIR (Resolution No. 76041) and the Envision San José General Plan Supplemental EIR (Resolution No. 77617), and Addenda thereto, in accordance with CEQA; and
2. Approve an Ordinance rezoning the approximately 0.44-gross-acre site located on the east side of North 7th Street, approximately 200 feet northwesterly from the intersection of North 7th Street and East Empire Street (520 North 7th Street; APNs 249-36-011, 012, & 013) from the LI Light Industrial Zoning District to the MUN Mixed-Use Neighborhood Zoning District.
___
_______________________________________________________________________
HONORABLE MAYOR AND CITY COUNCIL
September 26, 2023
Subject: File No. C23-093
PROJECT DATA
GENERAL PLAN CONSISTENCY
General Plan Designation Mixed-Use Neighborhood
Consistent Inconsistent
Consistent Policies Implementation Policies IP-1.1, IP-1.7, IP-1.8, and IP-8.2
SURROUNDING USES
General Plan Land Use Zoning Existing Use
North Mixed-Use Neighborhood A(PD) Planned
Development (File
No. PDC01-049)
Multifamily Residences
South Residential Neighborhood R-1-8 Single-
Family Residence
Detached Single-Family
Residences
East Mixed-Use Neighborhood R-2 Two-Family
Residence and LI
Light Industrial
Detached Single-Family
Residences
West Urban Residential R-M(PD) Planned
Development (File
No. PDC16-028)
Multifamily Residences
RELATED APPROVALS
Date Action
N/A No previous approvals.
PROJECT DESCRIPTION
Si
te Description and Surrounding Uses
The subject site is located on the east side of North 7th Street, approximately 200 feet northwesterly from the intersection of North 7th Street and East Empire Street (Exhibit A). The site is currently developed with a warehouse being used as a ceramic studio. The site is surrounded by multifamily residences to the north and west and detached single-family residences to the south and east. There is currently no application on file for the development of the site.
B
ackground
On May 30, 2023, the applicant, Daniel Dermer of Higher Fire, filed an application to rezone an approximately 0.44-gross-acre site from the LI Light Industrial Zoning District to the MUN Mixed-Use Neighborhood Zoning District. The rezoning to the MUN Mixed-Use Neighborhood Zoning District would bring the site into conformance with the General Plan Land Use/Transportation Diagram land use designation of Mixed-Use Neighborhood. It is understood that the ceramic studio intends to offer classes for studio members, which would be allowed as a permitted use within the MUN Mixed-Use Neighborhood Zoning District.
HONORABLE MAYOR AND CITY COUNCIL
September 26, 2023
Subject: File No. C23-093
ANALYSIS
T
he project was analyzed for conformance with the following: 1) the Envision San José 2040 General Plan, 2) the Zoning Ordinance, 3) Senate Bill 330 Compliance, and 4) the California Environmental Quality Act (CEQA).
E
nvision San José 2040 General Plan Conformance
The subject site is designated Mixed-Use Neighborhood on the Land Use/Transportation Diagram of the Envision San José 2040 General Plan (Exhibit B). The site is also within the Jackson-Taylor Specific Plan, where it has a land use designation of Residential (12-25 du/ac).
The General Plan land use designation (Mixed-Use Neighborhood) takes precedence over the Specific Plan land use designation (Residential); however, any new development would need to be consistent with the goals and policies of the Specific Plan.
T
he Mixed-Use Neighborhood 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. Because the established overall neighborhood density and character within such mixed neighborhoods is more intense than that found in typical single-family detached neighborhoods, it is appropriate to allow for infill development in Mixed-Use Neighborhood areas that include medium-density residential uses such as townhouses or stacked flats and some opportunity for live/work, residential/commercial, or small stand-alone commercial uses.
Analysis: The continued use of the existing ceramic studio would be consistent with the Mixed- Use Neighborhood land use designation, as the land use designation supports stand-alone commercial uses integrated within the neighborhood.
T
he rezoning is consistent with the following General Plan policies:
1. I mplementation Policy IP -1.1 Land Use/Transportation Diagram: Use the Envision General Plan Land Use/Transportation Diagram designations to indicate the general intended land use, providing flexibility to allow for a mix of land uses, intensities, and development forms compatible with a wide variety of neighborhood contexts and to designate the intended roadway network to be developed over the timeframe of the Envision General Plan. Use the Zoning designation to indicate the appropriate type, form, and height of development for particular properties.
Anal
ysis: The subject site’s land use designation of Mixed-Use Neighborhood is intended for commercial or mixed-use development. Future development would be subject to the development standards outlined in the San José Zoning Code for the MUN Mixed-Use Neighborhood Zoning District.
2. Implementation 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.
HONORABLE MAYOR AND CITY COUNCIL
September 26, 2023
Subject: File No. C23-093
Analysis: The MUN Mixed-Use Neighborhood Zoning District is a conforming district to the Mixed-Use Neighborhood land use designation, pursuant to Section 20.120.110 of the San José Zoning Code.
3. Implementation Policy IP-1.8 Land Use/Transportation Diagram: Use standard Zoning Districts to promote consistent development patterns when implementing new land use entitlements. Limit the use of the Planned Development Zoning process to unique types of development or land uses which cannot be implemented through standard Zoning Districts, or to sites with unusual physical characteristics that require special consideration due to those constraints.
Analysis: The subject site would be rezoned to MUN Mixed-Use Neighborhood, which is a s
tandard Zoning District. The rezoning would allow for consistent development patterns with other surrounding sites which have a Mixed-Use Neighborhood land use designation.
4. Implementation 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: Any future development at the subject site would be required to conform with t
he development standards of the MUN Mixed-Use Neighborhood Zoning District. The allowed uses and development standards for the MUN Mixed-Use Neighborhood Zoning District generally correspond to the Mixed-Use Neighborhood land use designation and would implement the goals and policies of the Envision General Plan.
Z
oning Ordinance Conformance
The rezoning to the MUN Mixed-Use Neighborhood Zoning District (Exhibit C) conforms with Table 20-270 in Section 20.120.110 of the San José Zoning Code, which identifies the MUN Mixed-Use Neighborhood Zoning District as a conforming district to the General Plan Land Use/ Transportation Diagram land use designation of Mixed-Use Neighborhood.
Use Regulations
The MUN Mixed-Use Neighborhood Zoning District would allow the property to be used and developed in accordance with the allowable uses in Table 20-138 in Section 20.55.203, which includes a range of residential, retail, agriculture, open space, education, training, entertainment, recreation, public, and assembly uses, food, health, veterinary, office, and financial services, and utilities. “Retail Art Studio” and “Instructional Art Studio” are permitted uses within the MUN Mixed-Use Neighborhood Zoning District, allowing the existing ceramic studio to offer classes to studio members. In addition, this rezoning would facilitate the future redevelopment of the site to be consistent with the General Plan land use designation.
HONORABLE MAYOR AND CITY COUNCIL
September 26, 2023
Subject: File No. C23-093
Development Standards
Table 20-137 in Section 20.55.104 establishes the development standards for the MUN Mixed- Use Neighborhood Zoning District. Any future development would be required to adhere to the development standards set forth in Table 20-137 and all other applicable Municipal Code regulations. Any future development may also need to be evaluated under CEQA.
S
enate Bill 330 Compliance
The Housing Crisis Act of 2019 (SB 330, 2019) limits the manner in which local governments may reduce the capacity for residential units that can be built 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 the 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.
Analysis: The rezoning (File No. C23-093) does not reduce the intensity of residential uses because the rezoning allows for greater residential density than the existing LI Light Industrial Zoning District. The LI Light Industrial Zoning District does not allow residential uses; the MUN Mixed-Use Neighborhood Zoning District allows up to 30 dwelling units per acre.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
P
ursuant to Section 15168(c)(2) of the CEQA Guidelines, the City of San José has determined that the project is pursuant to, in furtherance of, and within the scope of the Envision San José 2040 General Plan program, the impacts of which were analyzed and disclosed in the Final Environmental Impact Report for the Envision San José 2040 General Plan, for which findings were adopted by City Council Resolution No. 76041 on November 1, 2011, and Supplemental EIR adopted by City Council Resolution No. 77617 on December 15, 2015, and addenda thereto. The FEIR, SEIR, and Addenda were prepared for the comprehensive update and revision of all elements of the City of San José General Plan, including an extension of the planning timeframe to the year 2040.
N
o new or more significant environmental impacts beyond those identified in the Envision San José 2040 General Plan Final Program Environmental Impact Report (FPEIR), Supplemental EIR (SEIR), and Addenda have been identified, nor have any new mitigation measures or alternatives which are considerably different from those analyzed in the FPEIR, SIER, and Addenda been identified.
HONORABLE MAYOR AND CITY COUNCIL
September 26, 2023
Subject: File No. C23-093
PUBLIC HEARING NOTIFICATION
S
taff 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. /
s/
CHRISTOPHER BURTON, Director
Planning, Building and Code Enforcement
F
or questions, please contact Robert Manford, Deputy Director, at (408) 535-7900.
Attachments: A-Legal Description
B-Plat Map
E
xhibit A: Aerial Map
E
xhibit B: General Plan Land Use/Transportation Diagram
E
xhibit C: Proposed Zoning Map
RECORDING REQUESTED BY:
First American Tttle Company
MAIL TAX STATEMENT
ANO WHEN RECORDED MAIL DOCUMENT TO:
The Daniel B. Dermer Revocable Trust
525 S 16th Street
San Jose , CA 95112
"This document was eleclronlc:ally submitted
to Santa Clara County for recordlng-
24886176
Regina Alcomendras
Santa Clara County • Clerk-Recorder
03/22/2021 03 20 PM
Trtles 1 Pages 3
Fees S16541 00
Tax· $9680 00
Total. $26221.00
_________________ ..1..... ___ .Spa�AboveThls Une for Recorder's Use Only _____ _ A.P.N.: 249·36-013 and 249-36-012 and
249-36-013
GRANT DEED
File No.: 4101-6348371 (CA)
The Undersl;ned �•) Oc:dan,(s): DOaJMfNTARY TRANSFER TAX $2,420.00; OTY CONVEYANCE TAX S7,260.00; REAL PROP, TIWISFER TAX $16,500.00
SURVEY MONUMENT FEE $
[ X ] a:mputed on the oonslderallon or f\JI value rl property CQfMyed, � [ ] canputed en the conslderatlOn or fUI value less value of lens and/or enannbtances remalnlng at time of sale, �fi�W®•1nu1•�
FOR A �NSIOERATION, -pt of which is hereby ackm,wiedged, BOOSTAAN, LLC, A
CALIFORNIA UMITED UABIUTY COMPANY
hereby GRANTS to Daniel B, Dermer, Trustee of The Danlel B. Dermer Revocable Trust the following described property In the City of San Jose, County of Santa Clara, State of californla:
PARCEL ONE: (APN: 249·36·012)
BEGINNING AT A POINT ON THE NORTHEASTERLY UNE OF NORTH SEVENTH STREET, DISTANT THEREON 229.16 FEET NORTHWESTERLY FROM THE POINT OF INTERSECTION
THEREOF WITH THE NORTHWESTERLY UNE OF EMPIRE STREET, SAID POINT ALSO BEING
THE MOST SOUTHERLY CORNER OF THE LANDS DESCRIBED IN THE DEED FROM ALEXANDER UNDERWOOD TO L.A. WILCOX, DATED SEPTEMBER 3, 1877, RECORDED SEPTEMBER 4, 1877, IN BOOK 45 OF DEEDS, PAGE 550, SANTA CLARA COUNTY RECORDS; THENCE AT RIGHT ANGLES NORTHEASTERLY AND ALONG THE SOUTHEASTERLY UNE OF SAID LANDS 137,50 FEET; THENCE AT RIGHT ANGLES SOUTHEASTERLY 45.83 FEET; THENCE AT RIGHT ANGLES SOUTHWESTERLY 137.50 FEET TO A POINT ON THE NORTHEASTERLY UNE OF NORTH SEVENTH STREET; THENCE NORTHWESTERLY ALONG SAID LINE OF NORTH SEVENTH STREET, 45,83 FEET TO THE POINT OF BEGINNING.
PARCEL TWO: (APN: 249-36-013)
PORTION .OF LOT 134, BLOCK 12, WHITE'S ADDmON (UNRECORDED) AS SAID ADDITION IS SHOWN UPON THAT CERTAIN MAP ENTITLED, "CITY OF SAN JOSE, COPIED FROM THE ORIGINAL MAP DRAWN BY SHERMAN DAY, CIVIL ENGINEER", WHICH MAP WAS FILED FOR
RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF Mall Tax Statements To: SAME AS ABOVE
Attachment A: Legal Description
DOC #24886176 Page 2 of 3
Grant Deed - continued
Date: 03/18/2021
DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE EASTERLY UNE OF SEVENTH STREET 275 FEET
NORTHERLY FROM THE INTERSECTION OF THE NORTHERLY UNE OF EMPIRE STREET WITH
THE EASTERLY LINE OF SAID SEVENTH STREET AND RUNNING THENCE SOUTHERLY ALONG SAID UNE OF SEVENTH STREET, SIXTEEN AND TWO-THIRDS (16 2/3) VARAS; THENCE AT RIGHT ANGLES EASTERLY AND PARALLEL WITH EMPIRE STREET, FIFTY (50) VARAS;
THENCE AT RIGHT ANGLES NORTHERLY AND PARALLEL WITH SEVENTH STREET SIXTEEN AND TWO-THIRDS (16 2/3) VARAS AND THENCE AT RIGHT ANGLES WESTERLY FIFTY {SO} VARAS TO THE PLACE OF BEGINNING.
PARCEL THREE: (APN: 249-36-011)
BEGINNING AT A POINT ON THE NORTHEASTERLY LINE OF SEVENTH STREET, DISTANT THEREON NORTHWESTERLY 137.84 FEET FROM THE POINT OF INTERSECTION OF SAID
UNE OF SEVENTH STREET WITH THE NORTHWESTERLY UNE OF EMPIRE STREET SAID POINT OF BEGINNING ALSO BEING THE MOST SOUTHERLY CORNER OF LOT 134 IN BLOCK 12 OF THE WHITE'S ADDmON TO THE CITY OF SAN JOSE; THENCE ALONG SAID UNE OF SEVENTH STREET, NORTHWESTERLY 45.49 FEET TO THE MOST SOUTHERLY CORNER OF
THAT CERTAIN PARCEL OF LAND CONVEYED BY FRANK LOCICERO, A WIDOWER, TO SEBASTIAN NOLA, ET UX, BY DEED DATED SEPTEMBER 16, 1954 AND RECORDED NOVEMBER 8, 1955 IN BOOK 3327 OF OFFICIAL RECORDS, PAGE 314; THENCE LEAVING SAID LINE OF
SEVENTH STREET AND RUNNING AT RIGHT ANGLES THERETO AND ALONG THE
SOUTHEASTERLY LINE OF SAID PARCEL OF LAND SO CONVEYED TO NOLA, NORTHEASTERLY 137,50 FEET TO THE MOST EASTERLY CORNER THEREOF; THENCE AT RIGHT ANGLES AND
ALONG THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED BY ROSE CATANIA TO FRANK P. CATANIA, ET UX, BY DEED DATED AUGUST 30, 1950 AND RECORDED NOVEMBER 2, 1950 IN BOOK 2088 OF OFFICIAL RECORDS, PAGE 464, SOUTHEASTERLY 45,49 FEET TO THE MOST SOUTHERLY CORNER THEREOF ON THE LINE DMDING LOTS 133 AND 134 IN SAID BLOCK 12; THENCE ALONG SAID DIVIDING LINE, SOUTHWESTERLY 137.50 FEET TO THE POINT OF BEGINNING AND BEING A PORTION OF LOT 134, IN BLOCK 12 OF THE WHITE'S ADDITION TO THE CITY OF SAN JOSE,
A.P.N.: 249-36-013 and 249-36-012 and
249-36-013
Dated: March 18, 2021
Boostaan LLC
By� :J�,,J-___.:_..
Name: Marjan Javaherlan
Title: Authorized Signor
Grant Deed - continued
DOC #24886178 Page 3 o r 3
Date: 03/18/2021
FIie No.: 4101-6348371 (CA)
A notary public a- ottier officer completing this certificate ver1fles only the identity o f the lndMdual who signed the document to which thls certlflcate Is attached, and not the truthfulness, acwracy, or validity of that dOC\Jment
STATE OF (',I\\•, �,· r.. )SS
COUNTY OF ��) �
On 3 · \2:,. �Qd=,\ . before me�), �s.(b,\Ji\�o..\.cY , Notary Public, personally appeared Ma�n Javaherlan , who proved to me on the basis of satisfactory evidence to be the person(s) whose name{s) ls/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capaclty(les), and that by his/her/their slgnature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument.
I certify under PENALTY OF PERJURY under the laws of the State of califomla that the foregoing paragraph Is true and correct.
WITNESS my hand and official seal. This area for offdal notarial seal Pagel
This Is to certify that this Is a
true copy or the document
on file in this office.
A��
CLERK-RECORDER
Santa Clara, CA
05/26/2023
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0 NORTH 7TH STREET
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BASIS OF BEARINGS
THE BEARING, N 30·41'18" W, OF THE
CENTERLINE OF 7TH STREET, AS SHOWN
ON TRACT NO. 9407, WAS USED AS THE
BASIS OF BEARINGS FOR THIS PLAT.
PLAT OF 520 N. 7TH STREET, SAN JOSE CA
SUITE H-184 D · B SAN JOSE, CA 95128 es,gn y: --
Cillffioom[ill
1101 S. WINCHESTER BLVD.
Emrno��i□mffi
1 -9800
Drawn By: WAK
Scale: 1''=30'
Date: 5 /30 /23
Job No. 3014
Ref.Sheet __ �@Did/� Check By. PCW
Attachment B: Plat Map