To: HONORABLE MAYOR AND From: Stephen
M. Haase[PL1]
CITY COUNCIL
Subject: SEE BELOW Date: October
9, 2003
COUNCIL
DISTRICT: 8
SUBJECT: PDC02-047.
Planned Development PRezoning located on the EAST side of RUBY AVENUE
250 FEEt northerly of murillo avenue.
RECOMMENDATION
The
Planning Commission voted 6-0-1 (James absent) to recommend that the City
Council adopt an ordinance prezoning the subject site as proposed by the
applicant.
BACKGROUND
On October 8, 2003, the Planning Commission held a public hearing to consider a Planned Development P from County to A(PD) Planned Development to allow a 27,000 church facility for the South Bay Islamic Association (SBIA).
The Director of Planning, Building and Code Enforcement recommended approval of the proposed p.
Staff responded to previously identified concerns raised by Commissioner Zito regarding the height of the proposed structure and changes that were made to the initial study that accompanied the environmental clearance (Mitigated Negative Declaration) for the project. Staff shared an exhibit (see attached) that provided a comparison of the subject project with the size and height of four other recently approved church projects in the Evergreen foothills. Based on the comparison, the subject project is generally smaller and has a lower overall average height than several of the recent proposals. Staff also shared an exhibit that demonstrated compliance with the General Plan’s 50-foot height limit policy using the height calculation methodology as prescribed in the Zoning Ordinance.
Staff noted that minor corrections were made to the initial study checklist, which is a preliminary working document used to determine whether to prepare a Negative Declaration or an EIR for the project. The changes were made to properly reflect that the project actually includes mitigation measures with respect to a few issues such as biotic impacts. The changes made were necessary to ensure appropriate internal consistency in the initial study as the basis for adopting a Mitigated Negative Declaration.
Commissioner Zito indicated general satisfaction with staff’s response, but also noted that the City should continue to make every reasonable effort possible to keep the height of non-residential structures near the edge of the foothills as low as possible to preserve view opportunities from areas below such projects. He appreciated that the building mass “stepped down” the hill and has a relatively narrow profile. He was pleased that the building does not include extra adornments or elements that are common with such facilities and can add additional height to the structure.
Akbar Syed and Tahir Anwar, representing the South Bay Islamic Association, spoke briefly about the proposed operations and uses for the new facility. Several hundred members of the South Bay Islamic Association were also present in the audience but did not speak on the project.
Many of the Planning Commissioners applauded the project design and cooperative effort between the applicant and staff.
No one from the surrounding neighborhood spoke in support of, or in opposition to, the proposed rezoning. The Planning Commission then closed the public hearing.
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 and the City Attorney.
STEPHEN M. HAASE
Secretary,
Planning Commission
c: Mr. Akbar
Syed, SBIA, 325 N. Third Street, San Jose, CA 95112