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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.:
11-18-03 Item: |
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File Number C01-032 |
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STAFF REPORT |
Application Type Conforming Prezoning |
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Council District 8 |
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Planning Area Evergreen |
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Assessor's
Parcel Number(s) 652-13-007 |
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PROJECT
DESCRIPTION |
Completed by: John W. Baty |
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Location: East side of
Ruby Avenue, approximately 780 feet northerly of Murillo Avenue (2430 Ruby
Avenue) |
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Gross Acreage: 0.52 |
Net Acreage: 0.52 |
N/A |
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Existing
Zoning:: County |
Existing Use:
Residential |
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Proposed
Zoning: R-1-2 Residential |
Proposed Use: Residential |
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GENERAL PLAN |
Completed by: JWB |
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Land
Use/Transportation Diagram Designation Very Low Density Residential (2 DU/AC) |
Project
Conformance: [x] Yes [ ] No [ ] See Analysis
and Recommendations |
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SURROUNDING LAND
USES AND ZONING |
Completed by: JWB |
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North: Single-family
detached residential County
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East:
Single-family detached residential County |
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South: Single-family
detached residential County |
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West: Single-family
detached residential R-1-5
Residence |
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ENVIRONMENTAL
STATUS |
Completed by: JWB |
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[x]
Environmental Impact Report found complete August 16, 1994 [ ] Negative
Declaration circulated on |
[ ] Exempt [ ]
Environmental Review Incomplete |
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FILE HISTORY |
Completed by: JWB |
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Annexation
Title: Evergreen No. 187 |
Date: Pending |
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PLANNING
DEPARTMENT RECOMMENDATIONS AND ACTION |
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[x] Approval [ ] Approval
with Conditions [ ] Denial |
Date: _________________________ |
Approved
by: ____________________________ [X] Action [ ]
Recommendation |
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APPLICANT/OWNER |
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Thuoc Dinh Nguyen Minh Thu Thi Doan 2430 Ruby Avenue San José, CA 95148 |
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PUBLIC AGENCY
COMMENTS RECEIVED
Completed by: JWB |
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Department of
Public Works None received |
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Other
Departments and Agencies None received |
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GENERAL
CORRESPONDENCE |
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None received |
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ANALYSIS AND
RECOMMENDATIONS |
The applicant is
requesting to prezone the subject parcel consisting of 0.52 gross acres from
County to the R-1-2 Residence Zoning District to allow single-family
residential uses. A single-family
residence currently occupies the subject parcel. Single-family detached houses
surround the project site on all sides.
The subject site has moderate topography with slopes ranging up to about
15%.
The environmental impacts of this project
were addressed by a Final EIR entitled, "San Jose 2020 General Plan,"
and findings were adopted by City Council Resolution No. 65459 on August 16,
1994.
The proposed
prezoning to R-1-2 Residential is consistent with the San José 2020 General
Plan Land Use/Transportation Diagram designation of Very Low Density
Residential (2 DU/AC). The property is
located within the City’s Urban Service Boundary.
This prezoning would facilitate redevelopment of the
project site with a replacement single-family house with connection to City
utilities in conformance with the General Plan designation for the site. While
this prezoning does not specifically approve any new development, the applicant
has indicated his intention to build a new single-family house on the existing
parcel upon approval of this prezoning and the subsequent annexation (pending).
Per the City/County agreement, through the processing of a County referral in
2001, it was determined that annexation would be required if the existing house
were to be demolished and a new house built in its place.
Based on the size of
the existing site and the present General Plan density of two dwelling units
per acre, subdivision would not be possible. The General Plan discourages
consideration of the use of the Discretionary Alternate Use Policy (Two-acre
Rule) for sites located in transportation development policy areas such as
this. This site is subject to the
Evergreen Development Policy (EDP).
A notice of the
public hearing was distributed to the owners and tenants of all properties
located within 500 feet of the project site.
Planning staff
recommends approval of the proposed Conforming Prezoning for the following
reasons:
1.
The proposed prezoning is consistent with the San Jose 2020 General
Plan Land Use/Transportation designation of Very Low Density Residential (2
DU/AC).
2. The proposed zoning designation is
consistent with surrounding or nearby properties.
3. The proposed prezoning will facilitate
redevelopment of the subject site that is consistent with surrounding
development.
c: Hau-Ching Liao, LHC Architecture
Design, 21000-A Big Basin Way, Saratoga, CA 95070