SUBJECT: PDC00-05-043. PLANNED DEVELOPMENT REZONING OF THE PROPERTY LOCATED AT THE NORTH SIDE OF BALBACH STREET, 200 FEET WESTERLY OF SOUTH MARKET STREET.

COUNCIL DISTRICT: 3

RECOMMENDATION

The Planning Commission voted 6-0-1 (Chun Hoo absent) to recommend that the City Council adopt an ordinance rezoning the subject site as proposed by the applicant.

BACKGROUND

On May 9, 2001, the Planning Commission held a public hearing to consider a Planned Development from LI Light Industrial Zoning Districts to A(PD) Planned Development to allow 12 attached dwellings on 0.4 gross acres.

The Director of Planning, Building and Code Enforcement recommended approval of the proposed .

This item was considered as part of the consent calendar, with no discussion by the Planning Commission on the project. No one appeared in support of, or in opposition to, the proposed rezoning. The Planning Commission then closed the public hearing and reviewed and considered the Final SEIR entitled, "Downtown Strategy Plan," certified on April 27, 1999, by the City of San Jose City Council, and found it in conformance with CEQA.

PUBLIC OUTREACH

A notice of the public hearing was distributed to the owners and tenants of all properties located within 500 feet of the project site.

COORDINATION

As standard procedure in the development review process, this project was coordinated with the Department of Public Works, Fire Department, Police Department, Environmental Services Department, Redevelopment Agency and the City Attorney.

James R. Derryberry, SECRETARY

Planning, Building and Code Enforcement

	CITY OF SAN JOSÉ, CALIFORNIA Department of Planning, Building and Code Enforcement 801 North First Street, Room 400 San José, California 95110-1795				Hearing Date/Agenda Number P.C. 5/9/01 Item: 3.b.
					File Number PDC 00-05-043
	STAFF REPORT				Application Type Planned Development Rezoning
					Council District 3
					Planning Area Central
					Assessor's Parcel Number(s) 264-30-075, -128
	PROJECT DESCRIPTION				Completed by: Akoni Danielsen
	Location: South side of Balbach Street, 200 feet westerly of South Market Street.
	Gross Acreage: 0.4		Net Acreage: 0.4		Net Density: 30 DU/AC
	Existing Zoning: CG Commercial	Existing Use: three single-family dwellings and vacant unimproved lot
	Proposed Zoning: A(PD) Planned Development		Proposed Use: up to 12 attached dwelling units
	GENERAL PLAN				Completed by: AD
	Land Use/Transportation Diagram Designation Medium High Density Residential (12-25 DU/AC)				Project Conformance: [ x ] Yes [ ] No [ x ] See Analysis and Recommendations
	SURROUNDING LAND USES AND ZONING				Completed by: AD
	North: Convention Center Surface Parking CG Commercial
	East: Industrial CG Commercial
	South: Single-family residential R-1-8 Residence
	West: Single-family residential CG Commercial
	ENVIRONMENTAL STATUS				Completed by: AD
	[ x ] Environmental Impact Report certified April 27, 1999 [ ] Negative Declaration circulated on [ ] Negative Declaration adopted on				[ ] Exempt [ ] Environmental Review Incomplete
	FILE HISTORY				Completed by: AD
	Annexation Title: Original City				Date: March 27, 1850
	PLANNING DEPARTMENT RECOMMENDATIONS AND ACTION
	[ X ] Approval [ ] Approval with Conditions [ ] Denial		Date: _________________________		Approved by: ____________________________ [ ] Action [b ] Recommendation
	APPLICANT/OWNER
PUBLIC AGENCY COMMENTS RECEIVED				Completed by: AD
Department of Public Works See attached memo
Other Departments and Agencies See attached memos from Fire Department, Police Department, Environmental Services Department, Airport Department, and Valley Transportation Authority.
GENERAL CORRESPONDENCE
None received
ANALYSIS AND RECOMMENDATIONS

BACKGROUND

The applicant is proposing a Planned Development Rezoning to allow up to 12 attached dwelling units on a 0.4 acre site at the south side of Balbach Street, 200 feet west of South Market Street, within the Downtown Core.

The subject site features three small single-family dwellings and a vacant unimproved parcel with a metal shed, and is surrounded by a surface parking lot for the Convention Center to the north across Balbach Street, industrial to the east, and single-family residential to the south and to the west. The site is a block south of the Convention Center and is located within the permitting jurisdiction of the Redevelopment Agency.

The project proposes three building masses above a garage half level below grade. Two building masses fronting onto Balbach Street are three stories and 40 feet in height, while the third building mass at the rear of the project is two stories and 30 feet in height. The project proposes a 17-foot front setback from Balbach Street, 7.5 foot side setbacks, and a 20 foot rear setback. The building architecture features stucco and stone veneer exterior, and a varied roof form with gabled and hipped elements finished with concrete tiles.

ENVIRONMENTAL REVIEW

The environmental impacts of this project were addressed by a Final SEIR entitled, "Downtown Strategy Plan," and certified on April 27, 1999, by the City of San Jose City Council. Additional site-specific analysis included a noise report and a preliminary historic assessment.

The noise report found the project site is exposed to noise from several sources including aircraft, vehicular traffic, and buses. Sound-rated windows, noise attenuating building materials, and mechanical ventilation will be provided to ensure a living environment in accordance with established City standards. Residents will occasionally be exposed to noise disturbances, particularly as planes fly overhead, but such exposure is to be expected in urban environments in and around the Downtown.

The project involves demolition of three small residential structures fronting onto Balbach Street. Their exact dates of construction are not known, but it is believed they were built c. 1920. According to staff’s analysis, they have little or no architectural merit and have no known association with any person, event, or trend of historic significance, and therefore are not considered historically significant. Because they lack architectural merit and are not known to have an association with an historic person, event, or trend, a comprehensive historic report prepared by an historic consultant was not required. As is typical for structures more than 50 years of age, they will be offered for relocation or salvage prior to demolition.

GENERAL PLAN CONFORMANCE

The proposal, at a net density of 30 DU/AC, can be considered consistent with the San Jose 2020 General Plan Land Use/Transportation designation of Medium High Density Residential (12-25 DU/AC) using the ‘Two-acre Rule’ Discretionary Alternate Use Policy. To encourage infill development with innovative design solutions on existing parcels less than two acres in size, this designation allows land uses other than that designated on the Land Use/Transportation Diagram as follows: parcels with a residential land use designation may be developed at a density that is appropriate based on compatibility with surrounding land uses, provided the project is of exceptional design, and parcels with a non-residential land use designation may be developed under any residential or non-residential category provided the alternate land uses are compatible with existing and planned uses on adjacent and neighboring properties. Staff believes the proposed land use and density will be compatible with the existing and planned residential uses on adjacent and neighboring properties, as explained below in more detail in the Analysis section.

Additionally, staff believes the project conforms to the Downtown Revitalization Major Strategy in that the project provides high density residential development in close proximity to central area jobs, and will help create new consumer markets in the Downtown Area.

Furthermore, the site is within the Downtown Frame, where General Plan Urban Design height policies allow a maximum building height of 120 feet. At a proposed maximum building height of 40 feet, the project conforms to this General Plan policy.

ANALYSIS

The primary project issue is conformance with the Residential Design Guidelines. Staff believes the projects meets or exceeds the applicable guidelines as described below.

Height. The project provides a transition in scale from the Convention Center to the north and the single-family neighborhood to the south. The three story building mass facing Balbach Street transitions to the two story building mass adjacent to the single-family lots to the south.

Setbacks. The front setback of 17 feet is in keeping with the urban pattern of development within Downtown Core, and is greater than typically found along the south side Balbach Street. The side setbacks of 7.5 feet are wide enough to allow pedestrian pathways on either side of the project to interior units, facilitating pedestrian accessibility to Balbach Street. The rear setback of 20 feet conforms to guideline requirement for two-story construction adjacent to single family residential. The two-story height, 20 foot rear setback, and orientation of second floor windows all contribute to an appropriate interface with the adjacent single family neighborhood.

Parking. The site is within the Downtown Parking Management Zone (see attached) where the requirement is one space per unit. The project proposes 25 spaces for 12 units, or more than twice the standard. With a single driveway curbcut, there would also be several on-street parking spaces along the project's Balbach Street frontage. The project also provides bike and motorcycle parking within the garage.

Open Space. At 12 units on 0.4 acres, the project is too small to provide meaningful common open space, but provides unusually generous private open spaces for units within the Downtown Core. The typical private open space standard is 60 square feet for podium cluster units. The eight units in the three-story buildings feature minimum 100 square feet patios and the four units in the rear two story building each feature generous minimum 450 square foot patios approaching single-family rear yards in size and functionality.

Architecture. Staff believes the proposed architecture is exemplary and expresses the essence of the Strategy’s design guidelines. The project architecture features high quality building materials including stucco and stone, and a combination of roof styles finished with concrete tiles. Residential building wall planes are well articulated with porches, awnings, and trellises. The project features a strong pedestrian orientation, with residential units directly accessible from the sidewalk on Balbach Street.

In conclusion, staff believes the project has successfully responded to the surrounding neighborhood context, has provided an appropriate interface with surrounding land uses, and provides generous amounts of parking and open space to serve residents, and therefore qualifies for a modest increase in density beyond the site’s Medium High Density Residential (12-25 DU/AC) General Plan land use designation which would otherwise limit the site to ten units.

COMMUNITY OUTREACH

A public hearing notice for the project was published in a local newspaper and mailed to all property owners and tenants within 500 feet of the subject site. The applicant has held a community meeting hosted by the Council District 3 office.

RECOMMENDATION

Planning staff recommends the Planning Commission forward a recommendation of approval and the City Council adopt an ordinance rezoning the subject site for the following reasons:

1. The proposed rezoning conforms to the subject site’s General Plan Land Use Diagram Designation of Medium High Density Residential (12-25 DU/AC) under the ‘Two-acre Rule’ Discretionary Alternate Use Policy which encourages infill development with innovative design solutions on existing parcels less than two acres in size by allowing land uses other than that designated on the Land Use/Transportation Diagram.

2. The proposed rezoning conforms to the Downtown Revitalization Major Strategy in that the project provides high density residential development in close proximity to central area jobs, and will help create new consumer markets in the Downtown Area.

3. The proposed project will further the goals and policies of the General Plan’s Housing Strategy by providing high-density infill housing in close proximity to transit and commercial/retail opportunities.

4. The proposed project conforms to the applicable Residential Design Guidelines.