COUNCIL AGENDA:
FILE:
12/10/24
24-2307
ITEM: 10.1(a)
CITY COUNCIL STAFF REPORT
File No. C24-049 and ER24-171
Applicant siTe Landscape Architecture
Location 545 Hillsdale Avenue (APN: 455-10-043)
Existing Zoning A(PD) Planning Development, File No. PDC74- 091.
Proposed Zoning PQP Public/Quasi-Public
Council District 7
Historic Resource No
Annexation Date March 22, 1976 (Edenvale, No. 16)
CEQA Determination of Consistency with the Envision
San José 2040 General Plan Final Program
EIR (Resolution No. 76041), the Envision San
José General Plan Supplemental EIR
(Resolution No. 77617), and Addenda thereto.
APPLICATION SUMMARY:
Conforming Rezoning an approximately 5.1-gross-acre site from the A(PD) Planned Development Zoning District to the PQP Public/Quasi-Public Zoning District.
RECOMMENDATION:
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 5.1-gross-acre site located on the north side of Hillsdale Avenue, approximately 127 feet west of Regency Avenue (545 Hillsdale Avenue) from the A(PD) Planned Development Zoning District to the PQP Public/Quasi-Public Zoning District.
__________________________________________________________________________
HONORABLE MAYOR AND CITY COUNCIL
November 5, 2024
Subject: File No. C24-049 & ER24-171
PROJECT DATA
GENERAL PLAN CONSISTENCY
General Plan Designation Residential Neighborhood
Consistent Inconsistent
Consistent Policies Implementation Policies IP-1.7 and IP-8.2 Inconsistent Policies N/A
SURROUNDING USES
General Plan
Land Use
Zoning Existing Use
North Urban Residential A(PD), File No. PDC91-011 Multi-family residential South Mixed Use
Neighborhood
A(PD), File No. PDC91-067 Single-family residential
East Urban Residential A(PD), File No. PDC01-017 Multi-family residential West Urban Residential A(PD), File No. PDC80-005 Multi-family residential
RELATED APPROVALS
Date Action
3/22/1976 The PD Zoning, File No. PDC74-091 was adopted to assign the A(PD) Planned Development Zoning District to the site.
1/30/1985 The Planned Development Permit, File No. PD84-069, was approved to allow the construction of the Hillsdale church.
PROJECT DESCRIPTION
Site Description and Surrounding Uses
The subject site is located on the north side of Hillsdale Avenue, approximately 127 feet west of Regence Avenue (545 Hillsdale Avenue, see Exhibit A). The subject site is an approximately 5.1 gross-acre lot occupied by a church, surface parking lots, and a playground. The site is surrounded by multi-family residential to the north, east, and west and single-family dwellings to the south across Hillsdale Avenue.
Background
On June 24, 2024, the applicant, siTe Landscape Architecture, filed an application to rezone this approximately 5.1-gross-acre site from the A(PD) Planned Development Zoning District to the PQP Public/Quasi-Public Zoning District. This application is a conforming rezoning, as the project site is within the PQP Public/Quasi-Public General Plan designation (see Table 20-270, Section 20.120.110
). The approval of this rezoning
request would allow the applicant to modify the site layout. Additionally, the rezoning would bring the site into conformance with the General Plan Land Use/Transportation Diagram land use designation of PQP.
HONORABLE MAYOR AND CITY COUNCIL
November 5, 2024
Subject: File No. C24-049 & ER24-171
ANALYSIS
Envision San José 2040 General Plan Conformance
The subject site has an Envision San José 2040 General Plan Land Use/Transportation Diagram land use designation of PQP Public/Quasi-Public (see Exhibit B).
This designation is used to designate public land uses, including schools, colleges, corporation yards, homeless shelters, permanent supportive housing, libraries, fire stations, water treatment facilities, convention centers and auditoriums, museums, governmental offices and airports. Joint development projects that include public and private participation - such as a jointly administered public/private research institute or an integrated convention center/hotel/restaurant complex - are allowed. This designation is also used to designate lands used by some private entities, including private schools, daycare centers, hospitals, public utilities, and the facilities of any organization involved in the provision of public services such as gas, water, electricity, and telecommunications facilities that are consistent in character with established public land uses. Private community gathering facilities, including those used for religious assembly or other comparable assembly activity, are also appropriate on lands with this designation.
The existing church use is consistent with the PQP land use designation.
The rezoning is consistent with the following General Plan policies:
1. Implementation (Land Use/Transportation Diagram) Policy IP-1.7: Ensure proposals to rezone and pre-zone properties conform to the Land Use/Transportation Diagram, and advance Envision General Plan vision, goals, and policies.
Analysis: The PQP Public/Quasi-Public Zoning District is a conforming district to the PQP Public/Quasi-Public land use designation, pursuant to Section
20.120.110 o f the San José Municipal Code.
2. Implementation (Zoning) Policy IP-8.2: 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 use and development at the subject site would be required to conform with the development standards of the PQP Public/Quasi-Public Zoning District. The allowed uses and development standards of the PQP Public/Quasi-Public Zoning District generally correspond to the PQP Public/Quasi-Public land use designation and would implement the Envision General Plan Land Use/Transportation Diagram.
HONORABLE MAYOR AND CITY COUNCIL
November 5, 2024
Subject: File No. C24-049 & ER24-171
Zoning Ordinance Conformance
The rezoning to the PQP Zoning District (Exhibit C) conforms with Table 20-270 (Section 20.120.110) of the San José Municipal Code, which identifies the PQP Public/Quasi-Public Zoning District as a conforming district to the General Plan Land Use/Transportation Diagram land use designation of PQP Public/Quasi-Public.
Use Regulations
The PQP Public/Quasi-Public Zoning District would allow the property to be used and developed under the allowable uses in Table 20-90 (Section 20.40.100). This rezoning would facilitate any future redevelopment of the site to be consistent with the General Plan land use designation of the Public/Quasi-Public.
Setbacks and Heights
Table 20-100 (Section 20.40.200) of the San José Municipal Code establishes the development standards for the PQP Zoning District. All future developments would be evaluated for conformance with the development standards under Table 20-100 and all other Municipal Code regulations.
Senate Bill 330 Compliance
The Housing Crisis Act of 2019 (SB 330, 2019) limits how 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 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.
The current A(PD) Zoning District only allows church and church-related uses and does not allow residential use. Therefore, the rezoning would not reduce the capacity for residential units within the City.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
Pursuant 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, the impacts of which were analyzed and disclosed in the Final Program 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.
No 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 that are considerably different from those analyzed in the FPEIR, SIER, and Addenda been identified.
HONORABLE MAYOR AND CITY COUNCIL
November 5, 2024
Subject: File No. C24-049 & ER24-171
PUBLIC HEARING NOTIFICATION
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.
/s/
CHRIS BURTON, Director
Planning, Building, and Code Enforcement
For questions, please contact John Tu, Division Manager at (408) 535-6818.
Attachments:
Legal Description and Plat Map
HONORABLE MAYOR AND CITY COUNCIL
November 5, 2024
Subject: File No. C24-049 & ER24-171
Exhibit A: Aerial Map
HONORABLE MAYOR AND CITY COUNCIL
November 5, 2024
Subject: File No. C24-049 & ER24-171
Exhibit B: General Plan Land Use/Transportation Diagram
HONORABLE MAYOR AND CITY COUNCIL
November 5, 2024
Subject: File No. C24-049 & ER24-171
Exhibit C: Proposed Zoning Map
EXHIBIT "A"
Legal Description
REZONING, FILE No. C24-049
(545 Hillsdale Avenue, San Jose, CA)
September I 0, 2024
SKF No. 20230874
Real prope1ty in the City of San Jose, County of Santa Clara, State of California, and being described as follows:
Being the same lands described and being Parcel B, as said Parcel is described in that certain Lot Line Adjustment Permit, File No. AT 97-05-056, recorded on June 27, 1997 as Document No. I 3757846, Official Records of Santa Clara County, and more particularly described as follows:
BEGINNING at the southeasterly comer of said Parcel B (Doc. 13757846), said corner also being a point on the northerly line of Hillsdale Avenue, being 106.00 feet in width; Thence leaving said comer and along said northerly line of Hillsdale Avenue, North 89°43'00" West, 255.81 feet to the beginning of a tangent curve to the right, having a Radius of 947.00 feet; Thence no1thwesterly along said curve, having a central Angle of 12° 18 '44", with an arc Length of 203 .50 feet to the westerly line of said Parcel B;
Thence along said westerly line, North 02°09'2 l" East, 465.4 7 feet to the northerly line of said Parcel B; Thence along said northerly line, South 89°43'00" East, 472.67 feet to the northeasterly comer of said Parcel B; Thence leaving said corner and along the general ea ·terly line of said Parcel B, the following courses:
South 00° 17'00" West, 140.00 feet;
North 89°43'00" West, 30.00 feet;
South 00° 18'18" West, 347.00 feet to the point ofBEGI NING.
Containing and area of 5.100 acres, more or less.
Being also Assessor's Parcel Numbers 455-10-043 per Roll Year 2023-2024.
EXHIBIT "A" (Rezoning, File No. C24-049)
Attachment - Legal Description and Plat Map
TRACT
No. 7732
572 M 34-35
PARCEL A
DOC. 13757846
S89"43'00"E
472.67'
PARCEL B
DOC. 13757846
APN 455-10-043
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30.00'
N89'43'00"W
AREA = 5.100 ACRES± a
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-.t-SAN JOSE, CA
.a==12·1a· " 44 L==203 50'
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255.81'
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SCALE IN FEET
(106' WIDE)
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PLA TS\545JilLLDALE....A VE...PARCEL PROPERTY.DWG
1730 N. FIR T STREET
SUIT 600
A JOSE. CA 95112
408-467-9100
www.bkf.com
EXHIBIT "A"
PLAT MAP TO ACCOMPANY
LEGAL DESCRIPTION
Subject REZONING, FILE No. C24-049
545 HILLSDALE AVENUE
Job No. 20230874 SAN JOSE, CA
By DIS Date 09-10-2024 Chkd. JVK
SHEET 1 OF 1
Attachment - Legal Description and Plat Map