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. 10/16/2001 Item: 11.9
					File Number C01-09-092
	STAFF REPORT				Application Type Conforming Rezoning
					Council District 4
					Planning Area Alum Rock
					Assessor's Parcel Number(s) 245-05-010
	PROJECT DESCRIPTION				Completed by: Elena Lee
	Location: Northeast corner of North Capitol Avenue and McKee Road
	Gross Acreage: 30.03 acres		Net Acreage: 30.03 acres		Net Density: NA
	Existing Zoning: CP(PD) Planned Development		Existing Use: Commercial Uses
	Proposed Zoning: CG-Commercial General		Proposed Use: Commercial Uses
	GENERAL PLAN				Completed by: EL
	Land Use/Transportation Diagram Designation Regional Commercial				Project Conformance: [ x ] Yes [ ] No [ x ] See Analysis and Recommendations
	SURROUNDING LAND USES AND ZONING				Completed by: EL
	North: A(PD) Planned Development					Single family residences
	East: R-1-8 Residential Zoning District					Single family residences and Sheppard Jr. High School
	South: A(PD) Planned Development; CP Commercial Pedestrian					Single family residences and commercial uses
	West: A (PD) Planned Development; CG General Commercial					Single family residences and commercial uses
	ENVIRONMENTAL STATUS				Completed by: EL
	[X ] Environmental Impact Report found complete [ ] Negative Declaration adopted				[ ] Exempt [ ] Environmental Review Incomplete
	FILE HISTORY				Completed by: EL
	Annexation Title: McKee No. 51				Date: 08/13/57
	PLANNING DEPARTMENT RECOMMENDATIONS AND ACTION
	[ x ] Approval [ ] Approval with Conditions	Date: _________________________			Approved by: ____________________________ [ ] Action [ X ] Recommendation
	APPLICANT/OWNER/DEVELOPER
PUBLIC AGENCY COMMENTS RECEIVED				Completed by: EL
Department of Public Works None received.
Other Departments and Agencies None received.
GENERAL CORRESPONDENCE
None received.
ANALYSIS AND RECOMMENDATIONS

BACKGROUND

The applicant, Capitol Square Partners, is requesting a Conforming Rezoning from CP (PD) Planned Development to CG-Commercial General Zoning District to allow commercial uses on a 30.03 gross acre site.

The project site is surrounded by single family residences to the north, single family residences and a junior high school to the east, single family residences and commercial uses to the south, and commercial and single family residences to the west.

GENERAL PLAN CONFORMANCE

The proposed rezoning is consistent with the San José General Plan Land Use/Transportation Diagram designations of Regional Commercial.

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

This rezoning would facilitate redevelopment of the project site with commercial uses, including the proposed Target department store, and mixed-use development in conformance with the General Plan designation for the site. Staff will continue to work with the applicant at the development review stage to ensure that future development is appropriately integrated with the surrounding uses.

General Plan Conformance

The applicant intends to redevelop the subject site with commercial uses. Rezoning the site, which is designated General Commercial, from CP (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.

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 approval of the proposed Conforming Rezoning for the following reasons:

1. The proposed rezoning is consistent with the San Jose 2020 General Plan Land Use/Transportation designation of Regional Commercial.

2. The proposed rezoning is compatible with surrounding land uses.

3. The proposed rezoning will facilitate redevelopment of the subject site in conformance with the General Plan.