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 C.C. 10/2/2001 Item
			File Number C 01-01-003
STAFF REPORT			Application Type Conforming Rezoning
			Council District 4
			Planning Area Berryessa
			Assessor's Parcel Number(s) 245-05-010
PROJECT DESCRIPTION			Completed by: Jenny Nusbaum
Location: southwest side of North Capitol Avenue approximately 240 feet northerly of Berryessa Road (1155 N Capitol Avenue)
Gross Acreage: 9.32 acres		Net Acreage: 9.32 acres	Net Density: NA
Existing Zoning: A(PD) Planned Development		Existing Use: Movie Theater Complex and Restaurant
Proposed Zoning: CG-Commercial General		Proposed Use: Commercial Uses
GENERAL PLAN			Completed by: JN
Land Use/Transportation Diagram Designation General Commercial on 5 acres and General Commercial with Capitol Avenue/Expressway Transit Corridor overlay on 4.32 acres			Project Conformance: [ x ] Yes [ ] No [ x ] See Analysis and Recommendations
SURROUNDING LAND USES AND ZONING			Completed by: JN
North: R-1-8 Residence; R-1-8 (PD) Planned Development; CO-Comm. Office				Single family residences and Capitol Avenue
East: R-1-8 (PD); A (PD) Planned Development; CP-Commercial Pedestrian				Capitol Avenue and commercial uses
South: Freeway				Sinclair Freeway (Route 680) and commercial uses
West: Freeway; R-1-8 (PD) Planned Development				Sinclair Freeway and single family residences
ENVIRONMENTAL STATUS			Completed by: JN
[X ] Environmental Impact Report found complete [ ] Negative Declaration adopted			[ ] Exempt [ ] Environmental Review Incomplete
FILE HISTORY			Completed by: JN
Annexation Title: Berryessa No. 16			Date: 12/3/71
PLANNING DEPARTMENT RECOMMENDATIONS AND ACTION
[ x ] Approval [ ] Approval with Conditions	Date: _________________________		Approved by: ____________________________ [ ] Action [ X ] Recommendation
APPLICANT/OWNER/DEVELOPER

Mark Darley SYUFY Enterprises 150 Pelican Way San Rafael, CA 94901
	PUBLIC AGENCY COMMENTS RECEIVED	Completed by: JN
	Department of Public Works See attached memorandum.
	Other Departments and Agencies See attached memoranda from Fire Department and Environmental Services Department.
	GENERAL CORRESPONDENCE
	None received.
	ANALYSIS AND RECOMMENDATIONS

BACKGROUND

The applicant, Syufy Enterprises, is requesting a Conforming Rezoning from A (PD) Planned Development to CG-Commercial General Zoning District to allow commercial uses on a 9.32 gross acre site.

In 1985, the subject site was re-zoned from the R-1:B-6 Residence Zoning District to A (PD) Planned Development Zoning District to allow restaurant uses in the existing school building, and multi-screen theater complex, professional, and business office uses on the rest of the site. Office uses were limited to 6,925 square feet, restaurant uses were limited to 3,225 square feet, and theater uses were limited to 51,360 square feet. The maximum height allowed under the A (PD) Planned Development Zoning standards was 36 feet. Also in 1985, the Berryessa Elementary School Site including the building constructed in 1927, the lawn area contained within the front setback, and the grounds contained within the rear and side setbacks equal to the front setback, were approved as a City Landmark under File No. HS 85-28. The Berryessa Elementary School Site grounds consist of an area approximately 75 feet in distance from the perimeter of the Berryessa Elementary School structure. This area is delineated and labeled in Exhibit “B”, the attached map of the proposed zoning district.

Bounded by Sinclair Freeway (Interstate 680) to the south and southwest, single family residences to the northwest and north, Capitol Avenue to the northeast, and commercial uses, including a service station, to the southeast, the subject parcel is currently developed with a multiplex theater and the Berryessa School building, which currently houses a restaurant. Various commercial uses are located across the street on Capitol Avenue, including offices, a shopping center, a supermarket, and a fast-food restaurant.

GENERAL PLAN CONFORMANCE

The proposed rezoning is consistent with the San José General Plan Land Use/Transportation Diagram designations of General Commercial (northeasterly portion of site totaling approximately 5 acres) and General Commercial with Capitol Avenue/Expressway Transit Corridor overlay (southwesterly portion of site totaling approximately 4.32 acres).

ENVIRONMENTAL REVIEW

The environmental impacts of this project were addressed by a Final EIR entitled, “San José 2020 General Plan,” and certified on August 16, 1994, by the City of San José City Council.

ANALYSIS

Primary issues analyzed below are (1) General Plan conformance and (2) relationship to the existing designated City Landmark, the Berryessa Elementary School Site building and grounds.

General Plan Conformance

The applicant intends to redevelop the subject site with commercial uses. Rezoning the site, which is designated General Commercial, from A (PD) Planned Development to CG-Commercial General will allow a greater variety of commercial uses, with fewer limitations on floor areas for specific commercial uses. The maximum allowable height under the re-zoning will be increased from 36 feet to 65 feet for the portion of the site located within the Transit Corridor overlay area, and 50 feet for the portion of the site located outside of the Transit Corridor overlay area.

Relationship to Berryessa Elementary School Site building and grounds

Due to the presence of the Berryessa School building and grounds, any development on the subject site will be referred to the Landmarks Commission for review, and may be subject to a Historic Preservation Permit. More specifically, development proposed within the designated Berryessa Elementary School Site building and grounds area will be reviewed by Planning staff for compliance with the San Jose Municipal Code, Chapter 13.48 Historic Preservation.

PUBLIC OUTREACH

A notice of the public hearing was distributed to the owners and tenants of all properties located within 500 feet of the subject site, and staff has been available to respond to any questions regarding the proposed re-zoning.

RECOMMENDATION

Planning staff recommends the City Council adopt an ordinance rezoning the subject site for the following reasons:

1. The proposed rezoning is in conformance with the San José 2020 General Plan Land Use Diagram designations of General Commercial (northeasterly portion of site totaling approximately 5 acres) and General Commercial with Capitol Avenue/Expressway Transit Corridor overlay (southwesterly portion of site totaling approximately 4.32 acres).

2. The proposed rezoning should facilitate a project that is compatible with the surrounding area and in compliance with the San Jose Municipal Code, Chapter 13.48 Historic Preservation.