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. 10-21-03
					File Number C03-067
STAFF REPORT					Application Type Conforming Rezoning
					Council District 7
					Planning Area South
					Assessor's Parcel Number(s) 497-27-016
PROJECT DESCRIPTION					Completed by: Alison Hicks
Location: West side of Senter Road approximately 100 feet northwesterly of Pocatello Drive
Gross Acreage: 0.4	Net Acreage: 0.4				Net Density: N/A
Existing Zoning: CP Commercial Pedestrian			Existing Use: Vacant
Proposed Zoning: CN Commercial Neighborhood			Proposed Use: Commercial
GENERAL PLAN					Completed by: AH
Land Use/Transportation Diagram Designation Neighborhood/Community Commercial					Project Conformance: [ x ] Yes [ ] No [ ] See Analysis and Recommendations
SURROUNDING LAND USES AND ZONING					Completed by: AH
North: Vacant				CP Commercial Pedestrian
East: Church				R-1-2 Residence
South: Single-Family Residential				A(PD) Planned Development
West: Single-Family Residential				R-1-8 Residence
ENVIRONMENTAL STATUS					Completed by: AH
[ x ] Environmental Impact Report found complete, (GP 2020 EIR certified 8/16/1994) [ ] Negative Declaration					[ ] Exempt [ ] Environmental Review Incomplete
FILE HISTORY					Completed by: AH
Annexation Title: Franklin No. 1					Date: September 25, 1968
PLANNING DEPARTMENT RECOMMENDATIONS AND ACTION
[ X ] Approval [ ] Approval with Conditions	Date: _________________________				Approved by: ____________________________ [ ] Action [ X ] Recommendation
OWNER		DEVELOPER/ CONTACT
Hung Nguyen 22795 Rae Lane Cupertino, CA 95074		Salvatore Caruso 1475 Washington St., STE 200 Santa Clara, CA 95050

PUBLIC AGENCY COMMENTS RECEIVED	Completed by: AH
None received.
Other Departments and Agencies None received.
GENERAL CORRESPONDENCE
None received.
ANALYSIS AND RECOMMENDATIONS

BACKGROUND

The property owner is requesting a Conforming Rezoning of the subject 0.4 gross-acre site from CP Pedestrian Commercial to CN Neighborhood Commercial to allow commercial uses that conform to the site’s San Jose 2020 General Plan Land Use/Transportation Diagram designation of Neighborhood Community Commercial. The owner has also submitted a Site Development Permit to construct a 5,455 square foot building for retail uses on the subject site (H03-044).

The property is vacant and surrounded by single-family residential uses on the south and west sides, a church on the east and a vacant site with a Zoning designation of CP Commercial Pedestrian on the north.

GENERAL PLAN CONFORMANCE

The site is designated Neighborhood/Community Commercial on the San Jose 2020 General Plan Land Use/Transportation Diagram. The proposed CN Neighborhood Commercial District is consistent with this designation.

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

The current zoning of the site was approved in February, 2001 as part of the Zoning Code Update. The Update changed the zoning of all C-1 Commercial properties in the City to CP Commercial Pedestrian. The CP District allows substantially the same uses as the prior C-1 District and the proposed CN District, but the setbacks are significantly different and are not consistent with the development pattern of the subject site or the surrounding area. The existing CP District provides for a development pattern that is typical of a Neighborhood Business District where buildings are located at the street (directly adjacent to the public sidewalk) and parking is placed behind the building at the rear of the site. The proposed CN District, with its minimum 15-foot front building setback, more closely reflects the existing design of the site and the pattern of commercial development on Senter Road. The CN Commercial Neighborhood District is consistent with the General Plan and will ensure that the development standards for the proposed shopping center are appropriate for the site.

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. Staff has been available to discuss the proposal with members of the public.

RECOMMENDATION

Planning staff recommends approval of the proposed zoning for the following reasons:

1. The proposed rezoning is in conformance with the General Plan Land Use/Transportation Diagram designation of Neighborhood/Community Commercial.

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

3. The proposed rezoning will provide appropriate development standards to ensure that the proposed shopping center is compatible with the pattern of the neighborhood.