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
			File Number C03-058
STAFF REPORT			Application Type Conforming Rezoning
			Council District 5
			Planning Area Alum Rock
			Assessor's Parcel Number(s) 486-37-045
PROJECT DESCRIPTION			Completed by: Elena Lee
Location: Southwest corner of Story Road and Adrian Way
Gross Acreage: 0.533	Net Acreage: 0.533		Net Density: N/A
Existing Zoning: CO Commercial Office	Existing Use: Vacant
Proposed Zoning: CP Commercial Pedestrian	Proposed Use: Commercial
GENERAL PLAN			Completed by: EL
Land Use/Transportation Diagram Designation General Commercial			Project Conformance: [] Yes [] No [] See Analysis and Recommendations
SURROUNDING LAND USES AND ZONING			Completed by: EL
North: Vacant and Commercial	CP Commercial Pedestrian
East: Commercial	CP Commercial Pedestrian and CO Commercial Office
South: Single-family attached residential	R-1-8 Residential
West: Commercial Office and Multi-family attached residential	CP Commercial Pedestrian
ENVIRONMENTAL STATUS			Completed by: EL
[] Environmental Impact Report found complete (GP 2020 EIR certified 8/16/1994) [] Negative Declaration circulated on [] Negative Declaration adopted on			[] Exempt [] Environmental Review Incomplete
FILE HISTORY			Completed by: EL
Annexation Title: Amos No. 3			Date: May 7, 1959
PLANNING DEPARTMENT RECOMMENDATIONS AND ACTION
[] Approval [] Approval with Conditions [] Denial [] Uphold Director’s Decision	Date:	Approved by: ____________________________ [] Action [] Recommendation
APPLICANT/CONSULTANT

Javier Martinez 6918 State Street Huntington Park, CA 90255	Rodrigo Martinez 1139 Adrian Way San Jose, CA 95122
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 is requesting to rezone the subject 0.533 gross-acre site from CO Commercial Office Zoning District to CP Commercial Pedestrian Zoning District to allow a range of commercial uses. The applicant has also filed a Site Development Permit H03-037 to construct two commercial buildings on the site, for a total of 8,392 square feet.

The subject site is roughly rectangular in shape and is vacant. The site is bordered by Story Road to the north and Adrian Way to the east. Commercial uses are located to the north, east and west. Single-family residences are located to the south.

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 to CP Commercial Pedestrian Zoning District is consistent with the San Jose General Plan Land Use/Transportation Diagram designation of General Commercial. The project site is also located within the Story Road Neighborhood Business District within which pedestrian orientation is strongly encouraged.

ANALYSIS

The proposed rezoning to CP Pedestrian Commercial will bring the site’s zoning into conformance with the General Plan and facilitate implementation of uses on the site that are consistent with the General Commercial General Plan designation. The CP Commercial Pedestrian Zoning District will allow a variety of commercial uses and development standards that are appropriate for areas located within a Neighborhood Business District, by facilitating pedestrian oriented commercial uses.

Staff will review the land use and design issues for any new development through the Site Development permit process to ensure that the development is compatible with the residential and commercial neighbors. A separate public hearing will be required as part of the Site Development permit process, and would only come before the Planning Commission on appeal.

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 General Commercial with a Neighborhood Business District overlay.

2. The proposed rezoning will facilitate development of this site that is compatible with the surrounding uses.