Under
the provisions of Title 20 of the Municipal Code, the Executive Director of the
Redevelopment Agency has initiated a rezoning of approximately 389 acres of the
Downtown from CG Commercial, R-M Residence, R-2 Residence, LI Light Industrial
and HI Heavy Industrial to DC Downtown Commercial and DCNT-1 Downtown
Commercial Neighborhood Transition to allow intensive urban uses in the
Downtown. The proposed rezoning covers
two distinct areas (see attached Exhibit A).
The DC is planned for the majority of Downtown and is designed to allow
the most intensive type of uses in the city including high-rise residential and
commercial development, mixed-use developments and large public projects. The DCNT-1 zone serves as a buffer between
the Market-Almaden neighborhood and the rest of Downtown, and is a less
intensive zone that implements the Council approved Market-Almaden Neighborhood
SNI Plan.
The
DC and DCNT-1 zoning districts are draft at this point, and are the subject of
their own public hearings before Planning Commission on September 24 and City
Council on October 21. These two
proposed zoning districts would be adopted by the City Council by separate
action, an action that would have to precede any action taken on the proposed
rezoning of property described in this staff report. In short, these two districts can not be applied to property
until the City Council creates them.
ENVIRONMENTAL REVIEW
The environmental impacts of this project were addressed by a Final EIR entitled, “San José 2020 General Plan EIR,” which was certified on August 16, 1994, by the City of San José City Council Resolution Number: 65459.
GENERAL PLAN
CONFORMANCE
The proposed rezoning is consistent with and implements the San Jose 2020 General Plan, and provides greater conformance than the current zoning districts applied to properties Downtown. Specifically, the rezoning facilitates development that will implement the General Plan major strategy of Downtown Revitalization, which recognizes Downtown is vital to the City’s long term economic and social well-being. The proposed districts and regulations are designed to promote the City’s Smart Growth policies by facilitating high-density, mixed-use developments that support a vibrant 24-hour community. Additionally, the regulations have been structured to encourage a pedestrian friendly environment and the use of mass transit.
The Land Use/Transportation Diagram designation for the majority of the Downtown is Core Area (see attached Exhibit B), and the proposed DC Commercial zoning district has been designed to implement the Core Area land use designation. The remaining portion of the Downtown proposed for rezoning to
DC Commercial is designated Public Quasi-Public (91.19 ac), Public Park and Open Space (15.06 ac), General Commercial (9.28 ac) and Residential Support for the Core (2.49 ac) (see attached Exhibit C). Application of the proposed DC Commercial zoning district will implement each of these several land use designations in that the DC district allows public, quasi-public, public park, open space, general commercial, mixed-use, and residential uses.
The portion of the Downtown proposed for rezoning to DCNT-1 district is designated Core Area and Medium Low Density Residential (see attached Exhibit D) and the proposed DCNT-1 district is designed to implement these designations consistent with the Market Almaden Neighborhood SNI Plan.
The primary issues are 1) the application of the two new zoning districts to properties Downtown, 2) the exclusion of select property Downtown from the zoning program, and 3) legal non-conforming issues following the rezoning of property to the two new districts.
Applying DC and
DCNT-1 Districts to Properties
The proposed rezoning program consists of two distinct actions: rezoning properties to DC Downtown Commercial district and DCNT-1 Downtown Commercial-Neighborhood Transition district. For clarity of analysis, each is discussed separately.
The existing CG district allows commercial uses (such as entertainment establishments, theaters, automobile uses and parking lots) that could be incompatible with the Market Almaden Neighborhood. The R-M district does not allow the types of new mixed-use developments anticipated in these two neighborhood transition areas. The proposed DCNT-1 district would preclude incompatible commercial uses, while allowing appropriate mixed-use development, and has been designed to implement the development goals of the Market Almaden Neighborhood SNI Plan.
Not all property Downtown is proposed for rezoning at this time. All existing Downtown Planned Development Zoning Districts are proposed to remain (see attached Exhibit H). The majority of these zonings are for projects that were constructed in the last decade, and the development regulations and allowed uses are still appropriate to these properties and do not need to be rezoned.
In addition to existing PD zonings, three distinct areas Downtown have been excluded from this rezoning program, as shown on Exhibit A. These areas were excluded for several reasons. The Market-Almaden Neighborhood is planned and designated to remain a single family neighborhood on the General Plan, and is currently zoned R-1-8 Residence, which conforms to the General Plan, and so there is no need to rezone that portion of Downtown. The other two excluded areas are at the northeast and southeast corner of Downtown. These areas are primarily residential and the Agency is considering proposing and applying a new zoning district at some point in the future, distinct from DCNT-1, to support future residential development in these areas.
Upon application of the proposed new DC and DC-NT zoning districts to properties as shown on the attached exhibits, there may arise situations where existing structures and/or land uses may not conform to the proposed new districts’ allowed uses, development regulations and performance standards. Legally existing development and land uses that do not conform to the new zoning designations will become legal non-conforming upon rezoning, enjoying rights and subject to regulation as described in Chapter 20.150 of the Zoning Ordinance. Those structures and land uses that are not legal at time of rezoning would remain non-conforming and subject to code enforcement action by the City.
In 2003, presentations and meetings have been held with the Downtown Association, the Chamber of Commerce, and various neighborhood groups including the Market-Almaden and Spartan Keyes Neighborhood Advisory Committees (NACs).
For the current rezoning approximately 6000 notices have been mailed to all property owners and tenants within 1000 feet of the downtown area. The notice was also published in the San Jose Mercury News. 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 major strategy of Downtown Revitalization, which recognizes Downtown is vital to the City’s long term economic and social well-being.
2.Application of the proposed districts and regulations will promote the City’s Smart Growth policies by facilitating high-density, mixed-use developments that support a vibrant 24-hour community.
3.The proposed rezoning will facilitate implementation of the Market-Almaden Neighborhood Plan approved by the City Council in March 18, 2003.
Attachments
AD:ll/207-02