Memorandum — San Jose City Council, August 19, 2025

TO: HONORABLE MAYOR

AND CITY COUNCIL
FROM: Planning Commission

SUBJECT: See Below DATE: July 30, 2025

COUNCIL DISTRICT: 3

SUBJECT: PDC23-104, PD23-016, T23-016, and ER23-176 - Planned Development Zoning District, Vesting Tentative Map, and Planned Development Permit for a Property Located at 639-645 North Fifth Street and 620-642 North Fourth Street

RECOMMENDATION

On May 28, 2025, the Planning Commission, with a vote of 9-0-1 (Young absent), recommended that the City Council take all of the following actions:

1. Adopt a resolution adopting the Initial Study/Mitigated Negative Declaration for the San Jose Buddhist Church Betsuin Expansion Project and the associated Mitigation Monitoring and Reporting Plan, in accordance with the California Environmental Quality Act.

2. Approve an ordinance rezoning the Project Site from the PQP Public/Quasi- Public Zoning District and the R-M Multiple Residence District to the PQP(PD) Planned Development Zoning District on an approximately 1.17-gross-acre site.

3. Adopt a resolution approving, subject to conditions, a Vesting Tentative Map to combine six existing parcels into one approximately 1.17-gross-acre parcel.

4. Adopt a resolution approving, subject to conditions, a Planned Development Permit to allow the construction of one new two-story, approximately 10,720- square-foot church education building containing alternating uses of a religious school, preschool, language school, and a privately-operated community center, including outdoor uses approximately 50 feet from a residentially-zoned property, and an approximately 1,950-square-foot auxiliary building through the demolition of an approximately 3,563-square-foot church education building and four single- family houses and one accessory building and the removal of six trees (two ordinance-size and four non-ordinance-size) on an approximately 1.17-gross- acre site.

COUNCIL AGENDA: 8/19/25
FILE: 25-841
ITEM: 10.1(a)

HONORABLE MAYOR AND CITY COUNCIL
July 30, 2025
Subject: PDC23-104, PD23-016, T23-016 & ER23-176 - Planned Development Zoning District, Vesting Tentative Map, and Planned Development Permit for a Property Located at 639 -645 North Fifth Street and 620-642 North Fourth Street

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SUMMARY AND OUTCOME

If the City Council approves all the actions listed above as recommended by the Planning Commission, the applicant would be allowed to demolish an existing church building and four vacant single-family houses and one accessory building, and remove six trees (two ordinance-size and four non-ordinance-size) to construct a new approximately 10,720-square-foot church education building (including a religious school, preschool, language school, and privately-operated community center) and an approximately 1,950-square-foot auxiliary building, and allow outdoor uses approximately 50 feet from a residentially-zoned property on an approximately 1.17- gross-acre site.

BACKGROUND

On July 9, 2025, the Planning Commission held a public hearing to consider the Initial Study/Mitigated Negative Declaration, Planned Development Rezoning, Vesting Tentative Map, and Planned Development Permit. An overview of the public hearing is provided below. Commissioner Cantrell made a motion to approve the recommendation.

Commissioner Oliverio seconded the motion. The motion passed 9-0-1 (Young absent).

The Planning Commission recommended that the City Council adopt the IS/MND pursuant to CEQA and approve the Planned Development Rezoning, Vesting Tentative Map, and Planned Development Permit.

ANALYSIS

Analysis of the proposed CEQA clearance, Planned Development Zoning, Planned Development Permit, and Vesting Tentative Map, including conformance with the General Plan, Municipal Code, Citywide Design Standards and Guidelines, and City Council Policies, is contained in the Attachment - Planning Commission Staff Report.

Climate Smart San José Analysis
The recommendation in this memorandum facilitates job creation within City limits and increases the density of new development (jobs/acre), as the expansion of the preschool would create new jobs at the site.

EVALUATION AND FOLLOW-UP

Should the City Council adopt the resolution adopting the Initial Study/Mitigated Negative Declaration, the Rezoning Ordinance, the resolution approving the Vesting

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Tentative Map, and the Planned Development Permit, the applicant would be allowed to develop the project as described above.

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 Council’s Agenda website for the City Council hearing scheduled for August 19, 2025.

Staff followed City Council Policy 6-30, Public Outreach Policy, to inform the public about the project. Two on-site signs have been posted on the project street frontages since June 10, 2024, to inform the neighborhood of the project. 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. Additionally, a notice of the public hearing was posted in a newspaper of record (San José Post Record) on June 17, 2025. Staff have also been available to respond to questions from the public.

COMMISSION RECOMMENDATION AND INPUT

The project was heard at the Planning Commission meeting on July 9, 2025, during the Public Hearing portion of the agenda, which proceeded as follows:

Staff Presentation

Jason Lee and Bethelhem Telahun, staff planners, provided an oral presentation on the proposed project. The presentation included an overview of the application, including conformance with the General Plan, Municipal Code, Citywide Design Standards, City Council Policies, and CEQA. Staff highlighted General Plan Policy IP-1.4, which allows properties with split General Plan designations flexibility on the actual location of uses on a property, so long as the proportionality of uses is maintained. Staff also summarized the impacted resource areas in accordance with the Initial Study/Mitigated Negative Declaration.

Applicant Presentation

The applicant’s representative, Michael Charney of Spectrum PMG, began the presentation by discussing the project’s inception 30 years ago and its subsequent

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funding through community donations. He spoke shortly about the history of the San Jose Buddhist Church Betsuin, including its founding 123 years ago and the construction of the current sanctuary building in 1937, as well as a history of the education building to be replaced, which was built in 1955 and expanded to two stories in 1964. He stated that the building was not built for its current uses (preschool, religious school, language school, library/community center), and that it was time for the church, Japantown, and the community to take the next step into the future. He noted that the San José Japantown is one of the last three remaining in the United States, along with Los Angeles and San Francisco.

The architect, Afsha Ali of Aedis Architects, discussed the design intent of the project as an open and straightforward design that honors the church’s programs. She stated that the project would focus on sustainable aspects, utilizing an all-electric design and incorporating mass timber. She said that the site would be open and welcoming to the community, while the unplanned outdoor spaces would serve as venues for community gatherings.

Public Hearing

One member of the public spoke regarding the project. Steven Onishi read a letter on behalf of Pam Yoshida and Ryan Kawamoto, co-presidents of the Japantown Community Congress of San Jose (JCCsj), which stated the JCCsj’s support of the project. The letter stated that the proposed project will have a significant and positive impact on the Japantown community, and that they applaud the project for creating a new resource for Japantown, clearing blight, and creating a more cohesive land use, as well as a safer environment for the on-site preschool.

Applicant Response

Reverend Gerald Sakamoto of the San Jose Buddhist Church Betsuin continued the applicant presentation. He gave a history of the temple, including its original focus as a gathering place for the Japanese community due to prejudice and lack of opportunities, how the main temple hall was built from pooled resources during the Great Depression as a gift to future generations, how the community was incarcerated in internment camps during the Second World War, and how the temple served as a hostel when the Japanese community was able to return and rebuild their lives. He spoke about how this experience demonstrates that the community has a profound understanding of the importance of inclusion, which is reflected in the church’s vision statement. He stated that the new building will be a gathering place where all are valued and welcomed.

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Commissioner Discussion

Commissioner Cantrell stated that it was beautiful to see something beautiful rise from the ashes of something tragic, and expressed his support for the project. He made a motion to approve staff’s recommendation, which was seconded by Commissioner Oliverio.

Commissioner Bhandal stated that in Evergreen, there are four religious centers within a one-mile radius, including a Sikh temple, a Christian church, an Islamic center, and a Buddhist temple, and that diversity is the beauty of San José. He stated that he likes the enhanced infrastructure, thoughtful design, and inclusive community spaces within the project. He noted that the San Jose Betsuin was founded in 1902 and commended the project applicants for maintaining and making further improvements for the community.

Commissioner Casey stated that he seconded Commissioner Cantrell’s comments, having attended festivals for many years, and noted that the San Jose Betsuin is a very welcoming environment. He stated that the project is well-designed to accommodate even larger festivals on the site and that he supports the project.

Commissioner Tordillos stated that he echoes the sentiments of the other commissioners and stated that he found the building to be beautifully designed and that the on-site preschool and community center, and plaza being available for use during festivals will be an asset to the Japantown community over the next century, and commended the applicant team for sticking with the project over many years. He stated that he also supports the project.

Vice Chair Bickford asked the applicant about specific sustainable elements present on the property, such as solar panels and building materials. Ms. Ali stated that the building is simple, and whatever is required by code will be included, including an all-electric design and solar panels. She also spoke about the use of mass timber, including for the structural system, which has a low amount of embodied carbon and is a renewable resource. She also stated that the building would be open and have tall ceilings, and that wood also has a well-being aspect. She stated that, in terms of utilities and services, the applicants continue to work on providing a design that uses less material and energy, such as dedicated cooling units. Vice Chair Bickford stated that she would like the community to know that the building itself is investing in the future. Ms. Ali clarified whether the Vice Chair meant something like a display board showing the sustainable elements of the building, and the Vice Chair affirmed.

Chair Rosario stated that he knows San José is very proud of Japantown and thanked the applicant for bringing the project forward, then called for a roll-call vote on Commissioner Cantrell’s motion. The motion passed 9-0-1 (Young absent).

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CEQA

The City of San José, as the lead agency for the project, prepared an Initial Study/Mitigated Negative Declaration (“IS/MND”) for the subject project. The potential environmental impacts of the subject project were assessed in the IS/MND. The document was circulated for public comment from May 5, 2025, to May 28, 2025. The IS/MND identified potential impacts related to construction equipment, nesting birds, historic structures, archaeological deposits, soil contamination, and the effects of construction noise and vibration on adjacent buildings and businesses. The project includes a Mitigation Monitoring and Reporting Program, which incorporates standard conditions and best management practices for construction activities, as well as additional measures relating to the demolition of the existing structures identified as contributing to the eligible historic district. The IS/MND concluded that the project would not result in a significant and unavoidable impact, and that an MND is the appropriate level of CEQA clearance for the project.

The entire IS/MND 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/san-jose-buddhist- church-betsuin-expansion

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 John Tu, Division Manager, at [email protected] or (408) 535-6818.

ATTACHMENT
Planning Commission Staff Report
PLANNING COMMISSION AGENDA: 7-9-25
ITEM: 5.a.

TO: PLANNING COMMISSION FROM: Christopher Burton
SUBJECT: PDC23-104, PD23-016, T23-016,
and ER23-176
DATE July 9, 2025
Type of Permit Planned Development Rezoning, Planned Development Permit, and Tentative Map
Demolition One church education building (approximately 3,563 square feet), four vacant single-family houses, and one accessory building
Proposed Land Uses One two-story, approximately 10,720-square-foot church education building (alternating uses of a religious school, preschool, language school, and privately-operated
community center), outdoor uses (play area)
approximately 50 feet from a residentially-zoned
property, and an approximately 1,950-square-foot
auxiliary building
New Residential Units N/A
New Non-Residential Square Footage 12,670 square feet
Additional Policy Review Items Daycare, Historic Preservation Tree Removals Six trees (two ordinance-size and four non-ordinance-size) Project Planner Jason Lee
CEQA Clearance San Jose Buddhist Church Betsuin Expansion Project Mitigated Negative Declaration
CEQA Planner Bethlehem Telahun
COUNCIL DISTRICT: 3

RECOMMENDATION
Staff recommends that the Planning Commission recommend the City Council take all of the following actions regarding the project site located between North Fourth and North Fifth Streets, approximately 220 feet north of Jackson Street (639-645 North Fifth Street and 620-642 North Fourth Street) (“Project Site”):

1. Adopt a Resolution adopting the Initial Study/Mitigated Negative Declaration for the San Jose Buddhist Church Betsuin Expansion 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 PQP Public/Quasi-Public Zoning District and the R-M Multiple Residence District to the PQP(PD) Planned Development Zoning District on an approximately 1.17-gross-acre site.

3. Adopt a Resolution approving, subject to conditions, a Vesting Tentative Map to combine six existing parcels into one approximately 1.17-gross-acre parcel.

4. Adopt a Resolution approving, subject to conditions, a Planned Development Permit to allow the construction of one new two-story, approximately 10,720-square-foot church education building Attachment - Staff Report
File No. PDC23-104, PD23-016, T23-016, & ER23-176

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containing alternating uses of a religious school, preschool, language school, and a privately- operated community center, including outdoor uses approximately 50 feet from a residentially- zoned property, and an approximately 1,950-square-foot auxiliary building through the demolition of an approximately 3,563-square-foot church education building and four single-family houses and one accessory building and the removal of six trees (two ordinance-size and four non-ordinance- size).

PROPERTY INFORMATION
Location Between North Fourth and North Fifth Streets,
approximately 220 feet north of Jackson Street (639-645 North Fifth Street and 620-642 North Fourth Street)
Assessor Parcel Nos. 249-41-075, -009, -022, -023, -024, and -025 General Plan Designation Public/Quasi-Public (639 N Fifth; APN 249-41-075) and Residential Neighborhood (all other parcels)
Growth Area N/A
Zoning – Existing PQP Public/Quasi-Public (639 N Fifth; APN 249-41-075) and RM Multiple Residence (all other parcels)
Zoning – Proposed PQP(PD) Planned Development Zoning District Historic Resources Contributors to eligible Japantown National Register District and eligible Japantown City Landmark District:
624 North Fourth Street and 639 North Fifth Street
Identified Structures:
624 North Fourth Street and 642 North Fourth Street
Annexation Date Original City
Council District 3
Project Site Acreage 1.17 gross acres

PROJECT BACKGROUND
As shown on the attached Vicinity Map (Exhibit A), the Project Site consists of six parcels on a through site with frontages on both North Fourth and North Fifth Streets. On August 17, 2023, applicant Steven Onishi of San José Buddhist Church Betsuin filed a Planned Development Permit, File No. PD23-016, and a Tentative Map application, File No. T23-016, for the San José Buddhist Church Lotus Preschool and Classroom Replacement Project. On September 19, 2023, the same applicant submitted a Planned Development Rezoning application, File No. PDC23-104, to allow reconfiguration of the PQP land use designation for the project site.

The Planned Development Zoning would rezone the site from the PQP Public/Quasi-Public Zoning District and the R-M Multiple Residence District to the PQP(PD) Planned Development Zoning District.

The Planned Development Permit would allow the demolition of an existing church education building, four single-family houses and one accessory building, the removal of two ordinance-size and four non- ordinance-size trees, and the construction of a new two-story church education building (housing a religious school, preschool (maximum 30 students), language school (maximum 102 students), and privately-operated community center, including outdoor uses approximately 50 feet from a residentially-zoned property), and an auxiliary building. The site, including the parking lot, will also be utilized for community events, including the annual Obon Festival.

File No. PDC23-104, PD23-016, T23-016, & ER23-176

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Figure 1: General Plan Designation Detail

Figure 2: Proposed Zoning Boundary Detail

File No. PDC23-104, PD23-016, T23-016, & ER23-176

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As shown in Figure 1, the site has two General Plan Land Use Designations in the Envision San José 2040 General Plan Land Use Diagram, Public/Quasi-Public (PQP) and Residential Neighborhood (RN).

The entire site will be rezoned PQP(PD), but the Planned Development Zoning divides the site into two portions, as shown in Figure 2. The proposed Planned Development Rezoning would maintain the same percentage of the PQP-based and R-M-based zoning proportional to the amount of area designated PQP and RN, respectively. The southern portion of the site (“Portion 1”) would allow all uses of the PQP Public/Quasi-Public zoning district, as amended, and the remainder of the site (“Portion 2”) allows all uses of the R-M Multiple Residence 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 boundaries are based on the proposed footprint of the new church education building. Specifically, the existing PQP-designated area currently covers the existing church education building site (approximately 19,024 square feet; 0.44 acres) and covers a nearly square site fronting North Fifth Street, with the remainder of the site designated RN. General Plan Policy IP-1.4, as analyzed in the General Plan Consistency section below, allows for rezonings to achieve the same general land area and allocation of uses of land use designations without going through a General Plan Amendment process. Hence, the proposed PQP-based Portion 1 in Figure 2 follows the orientation and narrow footprint of the proposed church education building, maintaining the same proportion of the original PQP designation area in Figure 1.

Access to the site is proposed from one driveway along North Fifth Street. The building will face North Fifth Street, with the auxiliary building located on the North Fourth Street side of the lot. The remainder of the site would be used for a playground, a garden, open space, and parking; however, as the Zoning Ordinance no longer requires on-site parking, any parking spaces (except those required by the local traffic analysis) could be removed in the future with a Planned Development Permit, Amendment, or Adjustment.

The project includes the demolition of three structures identified as contributing to the eligible Japantown National Register District and eligible Japantown City Landmark District or listed as Identified Structures in the San José Historic Resources Inventory. The structures have undergone supplemental review and have been verified as not being individually significant historical resources; as none appear to be eligible for individual listing in the California Register of Historical Resources or as a Candidate City Landmark. The project was referred to the Historic Landmarks Commission under the City Council Policy on the Preservation of Historic Landmarks. It was heard on March 6, 2024, details of which are in the City Council Policy section below. Since the buildings are contributors to a historic district and identified on the City’s inventory, mitigation measures are included in the Mitigated Negative Declaration to offer the buildings for relocation and/or salvage prior to their demolition.

Other mitigation measures require a permanent commemorative interpretive program, exhibit, or display about the historical development and uses of the site, supporting the San Jose Buddhist Church Betsuin, Japanese religion, and culture in Japantown.

The site is surrounded primarily by single-family houses to the north, west, and south, multifamily residences to the southeast, and a church (the main San José Buddhist Church Betsuin complex) to the east across North Fifth Street.

File No. PDC23-104, PD23-016, T23-016, & ER23-176

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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 Public/Quasi-Public and Residential Neighborhood land use designation in the Envision San José 2040 General Plan Land Use/Transportation Diagram.

The Public/Quasi-Public 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.

This category 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 appropriate intensity of development can vary considerably depending on potential impacts on surrounding uses and the particular Public/Quasi-Public use developed on the site. There is no minimum or maximum Floor Area Ratio (FAR) in this designation.

The Residential Neighborhood designation is applied broadly throughout the City to encompass most of the established, single-family residential neighborhoods, including both the suburban and traditional residential neighborhood areas which comprise the majority of its developed land. The intent of this designation is to preserve the existing character of these neighborhoods and to strictly limit new development to infill projects which closely conform to the prevailing existing neighborhood character as defined by density, lot size and shape, massing and neighborhood form and pattern. Private Community Gathering Facilities compatible with the surrounding residential neighborhood are also

SURROUNDING USES
General Plan Zoning District Existing Use
North Residential Neighborhood &
Mixed-Use Neighborhood
R-M Multiple Residence and
MUN Mixed-Use
Neighborhood
Single-family residences
East Public/Quasi-Public PQP Public/Quasi-Public
Church/religious assembly
(San José Buddhist Church
Betsuin)
South Residential Neighborhood R-M Multiple Residence Multi-family and single- family residences
West Residential Neighborhood R-M Multiple Residence Multi-family and single- family residences

File No. PDC23-104, PD23-016, T23-016, & ER23-176

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supported under this land use designation. The designation allows a density of 8 dwelling units per acre (du/ac), up to 16 du/ac in some cases, and a maximum FAR of 0.7.

Analysis: A private community gathering facility, such as a church, is allowed in both the Public/Quasi- Public and Residential Neighborhood designations. All construction is located entirely on the Public/Quasi-Public portion, and is a church education building, which features a preschool (daycare center), a language school, and a privately-operated community center. Each of these uses is consistent with the Public/Quasi-Public designation and can be located on the portion of the site with a PQP-based zone pursuant to General Plan Policy IP-1.4, as analyzed below.

The project is consistent with the following key General Plan policies:

Vibrant Neighborhoods (Cultural Opportunities) Policy VN-4.2: Encourage the availability of diverse cultural spaces and places throughout the community that can be used for arts and cultural education, rehearsals, production, performance, and other programming.

Analysis: This project includes a private community center space and multipurpose room which can be used for cultural education and other programming for the community.

Vibrant Neighborhoods (Private Community Gathering Facilities) Policy VN-5.3: Encourage Private Community Gathering Facilities as a primary or secondary dual- or multi-use with other activities.

Analysis: This project includes a private community gathering facility (community center and church (Sunday school)), but also includes other uses, including a day care and language school (private instruction).

Land Use Policy LU-13.1: Preserve the integrity and fabric of candidate or designated Historic Districts.

Analysis: The project includes contributing structures to the eligible Japantown National Register and City Landmark Districts. While the project includes demolition of these structures, the integrity of these districts is preserved through a permanent commemorative interpretive program. The project use would be in conformance with the cultural aspects of the historic districts, including the continuation of Japanese religious and cultural programming.

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 six parcels, one of which is designated Public/Quasi-Public (approximately 0.44 gross acres), while five are designated Residential Neighborhood (totaling approximately 0.73 gross acres). Policy IP-1.4 allows for the reconfiguration of the land use designations, while maintaining the same land area. Consistent with Policy IP-1.4, the Planned Development Zoning retains the same area allocation for each of the two designations, allowing the PQP zoning (PQP-designated) portion to extend across the southern property line. This encroachment is compensated for by extending an R-M-zoned (RN-designated) portion of the lot to take the remainder of the parcel. As a result, the church education building will be constructed in the PQP-based Portion 1 of the parcel, occupying the entire parcel length from Fourth to Fifth Street. Should the owner wish to do so in the future, the implementation of this policy allows residential uses to be implemented in the

File No. PDC23-104, PD23-016, T23-016, & ER23-176

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northern portion of the site, while constraining the church education building to the southern portion of the site, as contemplated by the General Plan.

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 the site already has conforming zones to the General Plan Land Use/Transportation Diagram for each parcel, the reallocation of land area must be done through a Planned Development zoning to allow the mix of uses in the building, as the contemplated language school use is not allowed in an R-M zone. The Planned Development zoning process has been tailored to the site and the proposal by allowing the project to locate the church education building on the south side of the lot, and allowing the site to be laid out in a manner that supports the proposed uses, including proposed community events.

Zoning Ordinance Consistency
The project is currently located in the PQP Public/Quasi-Public and R-M Multiple Residence zoning districts and is proposed to be rezoned to the PQP(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 PQP Public/Quasi-Public zoning of the proposed PQP(PD) Planned Development Zoning District adopts the more permissive zoning of the overall project site.

Per the general development plan, Portion 1 of the site allows permitted, special, and conditional uses of the PQP Public/Quasi-Public Zoning District. The new church education building is within Portion 1 of the parcel. All uses proposed for the building (church/religious assembly; day care center; private instruction, personal enrichment; and privately-owned community center) are either permitted or allowed with a Special Use Permit in the PQP Public/Quasi-Public Zoning District pursuant to Table 20- 90 (Section 20.40.100), and therefore, a Planned Development Permit is required to allow these uses pursuant to Section 20.100.910. Additionally, the project includes outdoor uses (including a play area and outdoor garden and courtyard) within 150 feet of residentially-zoned property and therefore requires a Special Use Permit in the PQP zone (Section 20.40.520). Section 20.40.250 includes a list of prohibited outdoor uses in PQP and commercial zoning districts, none of which are proposed in this project; therefore, the Planned Development Permit also covers the requested outdoor uses.

Per the general development plan, Portion 2 of the site allows permitted, special, and conditional uses of the R-M Multiple Residence Zoning District, as well as parking, loading, and circulation (ingress and egress) for any uses located in Portion 1 of the site. Portion 2 of the parcel includes parking and circulation for the site, as well as a portion of the garden, plaza, and preschool play area, all of which are ancillary uses to the site and allowed in the R-M zone.

File No. PDC23-104, PD23-016, T23-016, & ER23-176

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Development Regulations
Height and Setbacks:

The height and setbacks for the Planned Development Zoning are listed in the table below, matching the PQP or R-M zoning standards in the Zoning Code, as amended. The table compares the existing PQP or R-M Standards per Sections 20.40.200 or 20.30.200, respectively, of the Zoning Code, and the proposed PQP(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 project compliance with the proposed standards.

Standard Existing Zoning District
Requirements
PQP(PD) Planned
Development Zoning
District Development
Standards
Project Compliance
with PD Standards
Front (Fifth St.) PQP: 10 feet min.

R-M: 10 feet min.
10 feet min. 26 feet
Front (Fourth
St.)
PQP: 10 feet min.

R-M: 10 feet min., 60 feet
for accessory structures
10 feet min., 60 feet for
accessory structures in
Portion 2
10 feet; 60.5 feet to
accessory structure
Side (north) R-M: 5 feet min., no setback
for accessory structures
Portion 2: 5 feet min., no
setback for accessory
structures
4 feet to accessory
structure
Side (south) PQP: 10 feet min.

R-M: 5 feet min.

Portion 1: 10 feet min. 10 feet
Height 120 feet* 120 feet* 26.5 feet
* The allowed height at the site is 120 feet pursuant to Section 20.85.020.B, as the site is within the downtown frame area.

Analysis: As shown on the Planned Development Permit Plan Set, the Project conforms with all required height and setback standards pursuant to the general development plan of the PQP(PD) Planned Development Zoning District.

Transportation Demand Management and Vehicle Parking
Under Table 20-190 (Section 20.90.060), a daycare is considered a Commute-End Use (CEU), and a church/religious school, language school, and community center are all considered Visit-End Uses. The project includes a total of 12,670 square feet of floor area, with the preschool (daycare center) occupying 3,310 square feet.

Analysis: This project is exempt from Transportation Demand Management (TDM) requirements as per Section 20.90.900.B.2 as projects with fewer than 10,000 square feet of commute-end uses and fewer than 100,000 square feet of visit-end uses are exempt from the requirements of Part 9, Section

20.90.900 of Chapter 20.90 of the San José Municipal Code.

File No. PDC23-104, PD23-016, T23-016, & ER23-176

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Off-Street Parking Exemptions:

The project includes 50 parking spaces in a surface parking lot accessed from North Fifth Street. As descried below, the location of the parking requires exceptions to Sections 20.90.120.A and B of the San José Municipal Code, regarding off-street vehicle spaces in setback areas. Additionally, the surface of the rear portion of the parking lot is designated as gravel, and therefore must be treated and maintained in a manner consistent with Section 20.90.140, as conditioned in the Planned Development Permit Resolution.

Section 20.90.120.A: No off-street vehicle parking space or off-street loading space shall be located within any side or front setback area required by other provisions of this title unless otherwise explicitly allowed or the director finds that the location of the off-street vehicle parking space or off- street loading space within the front or side setback area will not adversely affect surrounding development and issues a development permit or a development exception if no development permit is required.

Analysis: The off-street vehicle parking spaces are located within the front setback areas on both Fourth and Fifth Streets, and within the side setback to the north. However, it is found that the location of these parking spaces will not adversely affect surrounding development, in that the parking lot is for a church education building and its associated uses, the parking within the Fifth Street front setback meets the Citywide Design Standards, the parking within the Fourth Street front setback cannot be accessed from Fourth Street, and the side setback to the north is approximately four feet (one foot less than the setback), and the building and parking lot are not to be used overnight.

Section 20.90.120.B: No setback for any vehicle parking area consisting of six or more parking spaces located in, or adjoining, any residential district shall be less than the front setback, and corner side setback, if any, of the adjoining residential lot or parcel, unless the director finds that the location of the off-street vehicle parking space or off-street loading space within the front setback or corner side setback area will not adversely affect surrounding development and issues a development permit or a development exception if no development permit is required.

Analysis: The off-street vehicle parking spaces are located within the front setback areas of the adjoining parcels on both Fourth and Fifth Streets. However, it is found that these parking spaces will not adversely affect surrounding development, in that the edge of the drive aisle is approximately 20 feet from the nearest lot line on Fifth Street, the front setback to the first space on Fifth Street meets the Citywide Design Standards, and the parking lot cannot be accessed from Fourth Street.

Bicycle Parking
Table 20-190 of Section 20.90.060 requires bicycle parking spaces for each of the proposed uses.

Use Bicycle Parking
Required
Criteria Spaces Required
Church/Religious
Assembly
1 per 60 fixed seats or
1 per 450 square feet
designed for assembly
No fixed seating
4,497 SF
10 spaces
(at least 8 short-term)
Day care center 1 per 10 full-time
employees and
children
30 children and 2 FTE 4 spaces
(at least 1 long-term)
Private instruction, 1 per 10 students and Maximum of 102 11 spaces

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personal enrichment full-time employees students, no FTE (at least 9 short-term) Community center 1 per 60 fixed seats,
plus 1 per 3,000 square
feet of area without
seating but designed
for meeting or
assembly by guests,
plus 1 per 5,000 square
feet of outdoor area
developed for
recreational purposes
No fixed seating
9,360 SF for meeting
Approx. 14,000 SF for
recreational purposes
7 spaces
(at least 6 short-term)
The highest bicycle parking requirement comes from the private instruction (language school) use, which requires 11 bicycle parking spaces (at least nine of which must be short term). Additionally, per Section 20.90.060.B, two short-term and one long-term space are required for a non-residential use, matching the highest required long-term bicycle parking requirement (for the day care center).

Therefore, a total of 11 bicycle spaces are required, nine of which must be short-term, and one of which must be long-term.

Analysis: Ten short-term and two long-term bicycle spaces are included at the project site, and the project meets the requirement.

Two-Wheeled Motorized Vehicle Parking
Pursuant to Section 20.90.350.A, two-wheeled motorized vehicle parking shall be provided at a rate of

2.5% of standard vehicle parking required, so long as ten or more parking spaces are provided. As 50 vehicle parking spaces are provided, two two-wheeled motorized vehicle parking spaces are required.

Analysis: Two two-wheeled motorized vehicle parking spaces are included at the project site and the project meets the requirement.

Noise
This project is subject to the performance standards in Sections 20.30.700 and 20.40.600 of the Municipal Code. Specifically, the project is subject to the noise standards in Table 20-85 and Table 20- 105. In both tables, the maximum noise level in decibels at the property line adjacent to a property used or zoned for residential purposes is 55 decibels.

Analysis: A noise study was prepared for the project by P. Sanders Acoustics, LLC (Phil Sanders) on June 19, 2024. The study found that new mechanical equipment can be mitigated to 54 dB at both the north and south property lines through adequate mitigation, including location and screening to the south, east, and west. Due to the location of the play yard, the estimated maximum noise level at both the north and south property lines is also 54 dB, which complies with the noise requirements. Therefore, with implementation of the mitigation measures and standard environmental conditions included in the project conditions of approval in the Planned Development Permit, the project meets the noise requirements of the San José Municipal Code.

Citywide Design Guidelines and Standards Consistency
This project is subject to relevant Citywide Design Standards, except when exceptions, concessions, or waivers have been granted. This project has requested the following exceptions under Section 1.1.2 of the Citywide Design Guidelines and Standards, as further described and analyzed below:

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1. Section 2.3.6, Standard S4. Provide a five-foot-wide pedestrian walkway, at minimum, to connect buildings and parking or other walkways for at least every 200 feet.

Analysis: The project does not provide any pedestrian walkways across the two-row parking lot every 200 feet.

2. 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, common open space at the ground floor, and Privately-owned (and maintained) Public Open Space.

Analysis: The project shades 35% of the parking lot, including the drive aisles, and does not meet the standard requiring a minimum of 50% shade for the parking area.

3. Section 2.3.8, Standard S3. Designate 700 cubic feet of noncompacted soil for small trees, 1400 cubic feet of non-compacted soil for medium trees, and 2100 cubic feet of noncompacted soil for large trees to allow trees to reach their maturity. Structural soil systems, soil cells, or continuous trenches are example of ways to reach to the above soil volumes.

Analysis: The project does not meet this requirement due to the need for pedestrian connections across the site and the amount of proposed hardscape (parking lot area and plaza) necessary for community events such as the Obon festival. As a result, the amount of space available for softscaping, including area for noncompacted soil around trees, is insufficient to meet this standard.

4. Section 2.3.8, Standard S9. Provide at least a five-foot-wide landscape buffer at the side and rear property lines and a five-foot-tall solid wall/concrete fence at the shared property lines where Commercial or Mixed-Use General Plan land use designations abut Residential General Plan land use designations.

Analysis: The project provides a clearance for emergency access along the southern property line, resulting in a landscape buffer of less than five feet, which does not meet the Standard.

5. Section 3.3.1, Standard S1. Articulate all building façades facing a street or public open space for at least 80 percent of each façade length. Articulate all other building façades for at least 60 percent of each façade length.

Analysis: The shed building at the southern corner of the site is not articulated, as it is a plain, unadorned shed structure with minimal architectural elements due to its small size, and therefore does not meet the Standard.

Exception Analysis:

Based on the project plans and design standard exception request, there is no physical constraint or unique situation which make it infeasible to comply with each design standard above; therefore, these exceptions are granted based on the following findings. Findings 1, 2, and 4 are made for the entire project as a whole, with no individual justification for each exception request; Finding 3 includes individual justification for each section.

1. The project advances the Major Strategies of Chapter 1 of the General Plan.

Analysis: The project advances Major Strategies #2 (Form Based Plan) and #3 (Focused Growth) as per the following.

Form Based Plan: The project site follows the allowed land uses, form, and character of the site, as allowed by the Public/Quasi-Public designation and Implementation Policy IP-1.4. The remainder of the site, designated Residential Neighborhood, does not include physical development, and can be used in the future to continue to build out the Japantown neighborhood at appropriate densities.

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Focused Growth: While the project site is not within a growth area, the development fits in with the existing Japantown neighborhood pattern and enhances the neighborhood character. The project replaces an existing church education building with a new and larger building, but does not change the traffic patterns of the existing site, and continues to provide the Japantown community with community space, facilities, and services.

2. The project is consistent with the Values and Guiding Principles of Section 1.2.1 of the Design Guidelines.

Analysis: The project is consistent with the Values and Guiding Principles of the Design Guidelines, as per the following.

Health and Active Design: The project features a new sidewalk along the 5th Street frontage, providing improved connections from the site to other areas of Japantown and incorporates bicycle facilities throughout the site.

Well-Designed Development: The project features high-quality architecture, adhering to many of the Citywide Design Guidelines, and its design thoughtfully reflects and responds to the existing neighborhood and historic district.

Identity and Culture: This project reflects the Japantown area in its design by incorporating cultural elements, including a garden and courtyard area on-site. Additionally, the project is designed to support existing cultural events, such as the Obon Festival, as well as existing and recurring cultural classes, including religious and language classes.

3. The project achieves the stated Rationale of the section of the Design Guidelines as set forth for each applicable Standard; and
a. Section 2.3.6, Vehicular Parking Placement and Surface Parking Design. Surface parking areas should not interfere with walkability and urban vitality.

Analysis: The project limits itself to one driveway entry for parking and two parking aisles, therefore limiting its impact on walkability on both frontages. The layout of the Fifth Street frontage, especially including the garden area, lends itself to urban vitality by creating active space on the street.
b. Section 2.3.8, Landscaping and Stormwater Management. Create welcoming places and enhance the quality of the environment with sustainable landscaping areas.

Analysis: The project uses hardscape in order to create a garden and courtyard area next to the building. Additionally, the site is planned to be used for the Obon Festival, and therefore, would be able to create a welcoming place through its transformation for the event; the Standards within this section would not allow enough hardscape for this to occur. c. Section 3.3.1, Façade Design and Articulation. Design buildings with attractive, timeless, and sophisticated contemporary architecture.

Analysis: The main building meets all Standards in this project; the rear shed structure does not, but still is designed in a manner with a sloped roof and architectural lines that allow it to be appealing for a small accessory structure.

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4. There are counterbalancing considerations that justify the inconsistency.

Analysis: This site includes a multipurpose church education building which reflects and furthers the culture of Japantown, and is designed to host a major cultural event, the Obon Festival, and therefore, such counterbalancing considerations can be made to justify the inconsistency with the Citywide Design Guidelines.

The project complies with the following key Citywide Design Standards:
a. Section 2.2.1, Standard S4. Locate curb cuts at least 20 feet away from publicly-accessible open spaces and 50 feet away from pedestrian and bicycle entrances, except within porte-cochères and for sites with less than 60 feet of street frontage.

Analysis: The curb cut is located about 55 feet from the pedestrian entrance to the site. b. Section 2.3.6, Standard S3. Screen at least 75 percent of surface parking from primary streets, secondary streets, public open spaces, and adjacent sites with Mixed-Use and Residential General Plan land use designations using landscaping or three-foot-tall architectural elements that (a) utilize the same materials, colors, and lighting fixtures as the site or building façades on the property for at least 75 percent of the area, or (b) are covered with landscaping or public art for at least 75 percent of the total length along public open spaces, primary streets, and secondary streets.

Analysis: On the Fifth Street frontage, the parking is screened from adjacent streets through the use of landscaping, including trees and shrubs. Additionally, a five-foot solid wood fence will be used to screen the parking lot from the Fourth Street frontage and the residentially-designated parcels to the north.
c. Section 3.1.3, Standard S3. Use historic materials that match nearby historic buildings on at least 25 percent of a street, paseo or public open space facing façade and on 10 percent of other façades that are visible from the public realm. Historic materials include masonry, brick, limestone, terra cotta, cast stone, mosaic, concrete, and wood (trim, finishes, and ornament only).

Analysis: The project includes cement plaster to be consistent with the main San Jose Buddhist Church Betsuin, across Fifth Street. The provided fiber cement board, which is similar to and molded to look like cement plaster, for approximately 90% of non-windowed exteriors. d. Section 3.3.1, Standard S1. Articulate all building façades facing a street or public open space for at least 80 percent of each façade length. Articulate all other building façades for at least 60 percent of each façade length.

Analysis: The main building is in conformance with this Standard through articulation with architectural lines on the front and rear and a rhythmic window and door pattern on the sides.

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

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Analysis: As analyzed in the General Plan Consistency section, above, the project is consistent with the Public/Quasi-Public and Residential Neighborhood land use designations per the General Plan, including relevant goals and policies. This includes consistency with policies regarding sites with multiple General Plan designations, vibrant neighborhoods, 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.

Certain requested uses, such as private instruction (language school), are only allowed in the Public/Quasi-Public designation, but the building footprint extends into the Residential Neighborhood designation. Therefore, the Planned Development Zoning for this project divides the parcel into two portions, one based on the PQP Public/Quasi-Public Zoning District, and one based on the R-M Multiple Residence, with the education building included entirely in the PQP-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 the northern portion of the site can continue to be developed for residential uses.

2. The planned development permit, as issued, conforms in all respects to the planned development zoning of the property; and
Analysis: As analyzed in the Zoning Consistency section above, the project is consistent with the PQP(PD) Planned Development Zoning District Development Standards. The project is consistent with the allowed uses, setback, height, and parking 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 the City Council Policy on the Preservation of Historic Landmarks, Council Policy 6-14 (Child Care Policy), and City Council Policy 6-30 (Public Outreach Policy for Pending Land Use and Development Proposals).

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 main building on the site is on the southern side of the parcel, along the property line, and closer to Fifth Street. It is a two-story building, 26.5 feet in height, with exteriors primarily made of fiber cement board. A shed structure is near the Fourth Street frontage, clad with the same materials, and approximately 17 feet in height at the top of its shed roof. The two structures are compatible and aesthetically harmonious with each other in that they are clad in the same material and designed with the same style, while the shed serves as an auxiliary building to the main structure. The remainder of the site includes a garden, courtyard, play area, and parking. Each of these is supportive of at least one of the requested uses, as the garden and courtyard would support the community center use, while the play area would support the preschool.

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

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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, best management practices and mitigation measures are included in the permit conditions, requiring dust control, minimizing vehicle exhaust, preventing stormwater pollution from site runoff, and reducing mechanical noise.

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 (1 and 2): 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 church education building replacing an existing church education building which has been in the neighborhood since the late 1930s. The project footprint expands, but the project will provide improved screening between the project site and neighboring properties upon construction.

4. The approval of the permit should maintain the supply of existing housing stock in the City of San José;
Analysis: Approval of the permit does not affect the supply of existing housing stock in the City of San José. The existing houses to be demolished have been vacant or used for purposes other than residential for approximately 25 years. Therefore, no existing occupied housing stock is lost or gained through this proposal.

5. Both inventoried and non-inventoried buildings, sites and districts of historical significance should be preserved to the maximum extent feasible;

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6. Rehabilitation or reuse of the existing building would not be feasible; and Analysis (5 and 6): The buildings are within a district of historical significance, but are not able to be preserved as part of the redevelopment. Specifically, the main classroom building cannot be renovated due to changes in building codes, as it is unable to meet current requirements because of its original construction and subsequent renovations. The new building, circulation, and landscaping occupy the entire site footprint, and the new building and storage facilities are intended to replace the existing facilities on the same site.

Additionally, a Historic Resources Evaluation was conducted by TreanorHL, dated October 30, 2024, which found that each of the buildings to be demolished is not individually eligible for listing on the California Register of Historic Resources, and is not eligible to be a San José City Landmark under the specified criteria,

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, and the Planned Development Permit includes a stipulation that 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 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: Two ordinance-size trees (a Coast Redwood and a Holly Oak) are to be removed from the site according to the criteria above. Specifically, Tree #7, a Coast Redwood, conflicts with the proposed play area for the preschool, which is required to be in that specific area due to circulation and state requirements. Therefore, the tree can be removed for the preservation of public safety, specifically that of the children in the play area. Tree #8, a Holly Oak, is located in the side setback of the building-side property line near North Fourth Street, and is within an area required for fire access. Therefore, it can be removed to ensure public safety and facilitate emergency services to the site.

Four non-ordinance-size London Plane trees can be removed without findings. All of these trees have a circumference between 19 and 38 inches. Additionally, two street trees (trident maples) are to be removed but are not covered under the scope of this application.

The City’s Tree Replacement ratio is shown below. As all trees but the Coast Redwood are non- native, the equivalent of 17 15-gallon replacement trees is required. The project plans indicate the planting of 49 15-gallon trees to comply with the tree replacement requirement.

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

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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
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.

Subdivision Ordinance Consistency
Vesting Tentative Maps must be consistent with Title 19 – Subdivisions of the San Jose Municipal Code.

The information required by Section 19.12.030 is provided on the Vesting Tentative Map and consistent with the stated requirements. The project is analyzed for consistency with key design requirements of the Subdivision Ordinance below:

Section 19.36.170 – Except as lot areas or widths are set forth in other provisions of Title 19 or 20 of this Code, each lot shall contain a minimum area of not less than six thousand square feet each with an average width of not less than 55 feet.

Analysis: The tentative map combines the site into a single parcel, which is over 6,000 square feet and has a width over 55 feet.

Section 19.36.190 – Except as otherwise provided in this Title 19, all lots shall have direct access to a public street.

Section 19.36.200 – Each lot shall have frontage of not less than 55 feet on a street.

Analysis: This lot has direct access to a public street and has a frontage of more than 55 feet.

Section 19.36.210 – No lots shall be designed with frontage on two streets except: (A.) Lots at street intersections; (B.) Lots in hillside areas where topographical conditions admit of no other form of platting; or (C.) Lots abutting expressways and major streets with four moving lanes of traffic if the director shall, in the exercise of reasonable judgment, determine such double frontage is advisable in view of the size, shape, use or physical or other condition of the property proposed to be subdivided.

Analysis: The through lot is designed with frontage on two streets (Fourth and Fifth Streets) and does not meet any of the three stated exceptions. Therefore, the following findings under Section 19.04.050 are made in order to be able to waive Section 19.36.210 and allow double frontage:

1. A special individual reason makes it unreasonable or impracticable for the subdivider to observe the strict letter of the regulation;
Analysis: The General Plan designations, the wavy line policy (General Plan Policy IP-1.4) and the Planned Development Zoning, and the resulting layout of the site place the education building and

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the auxiliary workshop building, which must be on the same parcel, along the southern edge of the site, generally stretching across the entire width of the site from Fourth to Fifth Street. Therefore, double frontage is required, since there is not enough space on either frontage to legally allow a second lot.

2. The modification or waiver does not violate the spirit and purpose of the Subdivision Map Act or of this Title 19; and
Analysis: The waiver does not violate the spirit and purpose of the Subdivision Map Act or of this Title 19 in that the lot will only have access along Fifth Street.

3. The modification or waiver is reasonably necessary or expedient for the preservation and enjoyment of a substantial property right of the subdivider and will not be detrimental to the public welfare, provided, however, that whenever city council approval is required for any deviation from any regulation contained in this chapter the director may not modify or waive such regulation without prior approval of the city council.

Analysis: The waiver is reasonably necessary in order to allow the subdivider’s preferred layout of their property, and will not be detrimental to the public welfare in that the design and use of the property would be required to follow all other applicable laws and standards, including improvement of both project frontages, regardless of if the subdivision is designed to have double frontage.

Section 19.36.220 – All lots fronting on a major street and all lots with approved double frontage shall have a minimum depth of 120 feet, except where the director finds that because of the design and/or improvements in such subdivision such lots having a lesser depth are satisfactory in such subdivisions.

Analysis: The lot has double frontage and has a depth over 120 feet.

Section 19.36.230 – No lot shall have a greater depth than two and one-half times its average width.

Analysis: The lot has dimensions of approximately 276 feet by 184 feet, and the depth of the lot is not greater than 2.5 times its average width.

Vesting Tentative Map Findings
In accordance with San José Municipal Code (SJMC) Sections 19.12.130 and 19.12.220 and California Government Code Section 66474, the Director of Planning of the City of San José, in consideration of the proposed subdivision shown on the Vesting Tentative Map with the imposed conditions, shall deny approval of a Vesting Tentative Map, if the Director makes any of the following findings:

1. That the proposed map is not consistent with applicable General and Specific Plans as specified in Section 65451.

2. That the design or improvement of the proposed subdivision is not consistent with applicable General and Specific Plans.

3. That the site is not physically suitable for the type of development.

4. That the site is not physically suitable for the proposed density of development.

5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

6. That the design of the subdivision or type of improvements is likely to cause serious public health problems.

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7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.

Analysis: Based on review of the subdivision, a Vesting Tentative Map to combine six existing lots consisting of 1.17 gross acres into a single lot, the Director of Planning, Building and Code Enforcement of the City of San José does not make any such findings to deny the subject subdivision.

The project is consistent with the General Plan goals, policies, and land use designation, as analyzed above. The project site is physically suitable for the project and proposed intensity in that a church education building and its various uses, the landscaping, and parking are allowed by the combination of the General Plan and its policies and the Planned Development Zoning. Furthermore, the project site does not contain sensitive habitats or wildlife, and the historic resources on site have been studied and their removal will not cause substantial environmental damage.

The site is not located within a designated Federal Emergency Management Agency (FEMA) 100- year flood plain. The project site, as well as the surrounding area, are currently developed with structures and do not provide a natural habitat for either fish or wildlife. Improvements to the pedestrian network and traffic calming measures are required to be implemented as conditions of approval, including sidewalk repairs on Fourth Street and a new detached sidewalk along the Fifth Street project frontage.

City Council Policy Consistency
City Council Policy on the Preservation of Historic Landmarks Staff followed the City Council Policy on the Preservation of Historic Landmarks, resulting in this project being referred to the Historic Landmarks Commission for its March 6, 2024 meeting (minutes) for comment under early referral because the project impacts the integrity of an eligible historic district (the eligible Japantown National Register District and eligible Japantown City Landmark District) through the demolition and construction of structures within the eligible districts.

Three commenters spoke on the project at the HLC meeting. One commenter noted that the church has been a key organization for cultural preservation in Japantown through their support for other organization and hosting the Obon Festival. Another commenter spoke as the granddaughter of the family which formerly resided at 624 North Fourth Street, one of the buildings to be demolished; she stated that her grandparents were lifelong members of the Church and intended for the Church to use the property in any way they deemed appropriate. Another commenter spoke on behalf of PAC*SJ, and stated that PAC*SJ is always in support of finding solutions to move buildings or reuse materials whenever feasible, but noted that after a site visit, it became more apparent why the structures were deemed to be contributors to the district rather than individually significant buildings.

Commissioner comments focused on questions for the properties to be demolished, the relationship to the community, including the Japanese American Museum of San José, the practicability of reuse of the existing building, feasibility of parking alternatives, and an interpretive display to allow the structures to continue to be a portion of the site. Commissioners concluded with suggestions that the houses should be retained on site and incorporated into the project design due to their significance, or otherwise relocated.

These comments from the public and the commissioners were received by staff, and mitigation measures included in the Mitigated Negative Declaration include the offers for relocation and salvage of the existing buildings and a requirement for an interpretive exhibit or display.

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City Council Policy 6-14: Child Care Policy
This project includes a preschool, and is therefore subject to Council Policy 6-14, Child Care Policy. This project is consistent with the following relevant criteria in the policy:

1. Facility Location
a. New Child Care Centers are encouraged on developed school sites and in conjunction with church uses.

Analysis: This preschool is within a church education building. b. New Child Care Centers are encouraged in the transitional or mixed use areas at the margins of homogenous neighborhoods as long as the health and safety of the children is protected, and compatibility with proximate uses assured.

Analysis: The preschool is situated in a transitional area, adjacent to single-family, multifamily, commercial, and institutional uses. The preschool is compatible with proximate uses, with a play area located in the middle of the lot, and the health and safety of the children can be protected through the school's operations plan, which indicates that there will be a chain of custody from any child’s guardian and a staff member at pick-up and drop-off.

2. Traffic and Circulation
a. Access to new Child Care Centers to pickup and drop-off children should not negatively impact off-site traffic flow by causing on-street stacking or stopping.

Analysis: There is a large parking lot on-site for pick-up and drop-off operations, and the operation of the site would not impact off-site traffic flow. The project site includes 50 parking spaces, and the Transportation Analysis, prepared by Hexagon Transportation Consultants, Inc. and dated August 29, 2024, finds that approximately three parking spaces would be required at peak pick-up or drop-off periods. The parking space requirement is conditioned within the Planned Development Permit.
b. New Child Care Centers should provide adequate vehicular driveways and sufficient turn- around areas for adequate on-site circulation.

Analysis: Adequate vehicular driveways and sufficient turn-around areas are available in the parking lot area at the rear of the site for on-site circulation.

3. Parking and Drop-off
a. Parking areas should not be located in the front or side setback areas.

Analysis: The required parking area reserved for drop-off/pick-up (i.e. the three parking spaces required by the Transportation Analysis) shall be conditioned to be outside of the side setback area.
b. Child Care Centers should provide adequate short-term parking to accommodate child drop-off areas, which are not located in the public right-of-way.

Analysis: The Transportation Analysis found that three spaces would be adequate to meet peak drop-off/pick-up demand, where 50 parking spaces are provided. Therefore, based on the provided parking and projected turnover rate, there is adequate short-term parking provided for all times of day.

File No. PDC23-104, PD23-016, T23-016, & ER23-176

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4. Site Design
a. New Child Care Centers should be on sites that are able to adequately accommodate the physical requirements of on-site circulation, parking, play areas and setbacks. Our experience has found that this is normally at least a 10,000 square foot parcel or site.

Analysis: This site is 1.17 gross acres, greater than 10,000 square feet. b. New Child Care Centers should install a minimum 6-foot high fence around the active outdoor play areas for child security. A wall may be required to minimize potential impacts from outdoor play and parking areas to surrounding residential uses.

Analysis: A six-foot-high playground fence will be erected around the active outdoor play areas.

As the play area is in the middle of the site, it would have minimal noise impacts to surrounding residential uses and eliminate potential accidental damage to nearby properties due to play. c. New Child Care Centers proximate to residential neighborhoods should locate play areas away from adjacent residences as much as possible.

Analysis: The play area is located in the middle of the lot, across two parking aisles and a driveway from residences to the north and on the other side of the education building from residences on the south.

5. Operation
a. To minimize adverse impacts to adjacent residences, Child Care Centers adjacent to residential neighborhoods should operate only from 6:00 a.m. to 7:00 p.m., Monday through Friday.

Analysis: The operations plan states that the preschool operates from 7:00 a.m. to 6:00 p.m., Monday to Friday.
b. New Child Care Centers are required to meet the noise standards of the Zoning Ordinance and should meet the City's noise standards as specified in the adopted San José 2020 General Plan.

A noise study may be required for Child Care Centers proximate to residential neighborhoods to evaluate noise levels and identify appropriate mitigation.

Analysis: A noise study found that the play yard activities will result in a maximum noise level at the north and south (residential) property lines is 54 dB, which is below the City’s 55 dB noise maximum at residential property lines.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The City of San José, as the lead agency for the project, prepared an Initial Study/Mitigated Negative Declaration (IS/MND) in full compliance with CEQA. The IS/MND was circulated for public review and comment from May 5, 2025 through May 28, 2025. Three formal letter was received during the public circulation period, from the Santa Clara Valley Water District, the Amah Mutsun Tribal Band of San Juan Bautista, and Pacific Gas & Electric Company. The comment letters 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.

The IS/MND identified relevant mitigation measures for potential impacts related to construction equipment, nesting birds, historic structures (including a historic resource assessment and impact analysis), archaeological deposits, soil contamination, 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

File No. PDC23-104, PD23-016, T23-016, & ER23-176

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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/san-jose-buddhist-church-betsuin-expansion

PUBLIC OUTREACH
Under City Council Policy 6-30, the Project is a standard development. Standard development projects are required to provide Early Notification by website and e-mail to property owners and tenants within a 500-foot radius, and by on-site signage. Following City Council Policy 6-30, the required on-site sign has been posted at the site since June 10, 2024, to inform the neighborhood of the Project. No community meeting was required or held for this project. The staff report is posted on the City’s website, and staff has been available to respond to questions from the public. As this project includes a rezoning, the project was also noticed in compliance with AB 2904.

To date, no public comments have been received for this application.

Project Manager: Jason Lee

Approved by: /s/ Manira Sandhir, for Christopher Burton, Planning, Building & Code Enforcement Director

File No. PDC23-104, PD23-016, T23-016, & ER23-176

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Please click on the title of each exhibit to view the document:

ATTACHMENTS:

Exhibit A: Vicinity Map, Aerial (Page 24)
Exhibit B: General Plan Land Use Designation (Page 25) Exhibit C: Zoning District (Existing and Proposed) (Page 26) Exhibit D: Planned Development Zoning PDC23-104 Ordinance Exhibit E: Planned Development Permit PD23-016 Resolution Exhibit F: Vesting Tentative Map T23-016 Resolution
Exhibit G: Draft PDC23-104 Development Standards
Exhibit H: Planned Development Zoning PDC23-104 Plan Set Exhibit I: Planned Development Permit PD23-016 Plan Set Exhibit J: Vesting Tentative Map T23-016 Plan Set
Exhibit K: San Jose Buddhist Church Betsuin Expansion Project 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
San Jose Buddhist Church Betsuin
640 North Fifth Street
San José, CA 95112
San Jose Buddhist Church Betsuin
c/o Steven Onishi
640 North Fifth Street
San José, CA 95112
Afsha Ali
Aedis Architects
[email protected]

File No. PDC23-104, PD23-016, T23-016, & ER23-176

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Exhibit A: Vicinity Map/Aerial

File No. PDC23-104, PD23-016, T23-016, & ER23-176

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Exhibit B: General Plan Land Use Designation

File No. PDC23-104, PD23-016, T23-016, & ER23-176

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Exhibit C: Zoning District Maps

PDC23-104, T23-016, PD23-016 & ER23-176
Click on the title to view document.

Correspondence received AFTER 7/2/2025

San Jose City CouncilAugust 19, 2025

San Jose City Council
August 19, 2025