The applicant is requesting to rezone the subject 0.18 gross-acre site located at the southwest corner of San Carlos Street and Josefa Street (500 W San Carlos St.) from the LI Light Industrial Zoning District to the CP Commercial Pedestrian Zoning District to allow commercial uses. One parcel is involved in the proposed rezoning.
The previous use of the property, retail vehicle sales, was terminated approximately 3 months ago. With the adoption of the new CP Commercial Pedestrian Zoning designation, the owner plans to initiate a privately operated DMV registration office use.
One irregularly shaped structure currently exists at the site. The structure is approximately 750 square feet in size and is located near the rear, southwest corner of the property. The applicant plans to use the structure as an office for the privately operated DMV registration office, and he has indicated no plans to expand or alter the exterior of the existing building at this time. There is a site plan in the file that documents the existing conditions at the site.
The parcel is roughly
square in shape, with approximately 85 linear feet of frontage on the south
side of West San Carlos Street and approximately 90 linear feet of frontage on
the west side of Josefa Street. The
level site is surrounded by mixed use and auto service/commercial uses to the
north, by an office use to the east, by auto service/commercial and a
single-family residential uses to the south, and by commercial uses to the
west.
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. There will be no direct physical impacts to the environment as a result of this rezoning.
GENERAL PLAN
CONFORMANCE
The San Jose 2020 General Plan Land Use/Transportation Diagram designation for the subject parcel is General Commercial. The proposed CP Commercial Pedestrian Zoning District is consistent with this designation in that the proposed Zoning District allows commercial uses.
The proposed rezoning to the CP Commercial Pedestrian Zoning District will remove the existing industrial zoning and bring the site into conformance with the General Plan Land Use/Transportation Diagram designation of General Commercial and facilitate the implementation of uses on the site that are consistent with the San Jose 2020 General Plan. By promoting the location of neighborhood serving businesses at the site, this rezoning will also further the Strong Neighborhoods Initiative (SNI) Delmas Park Neighborhood Improvement Plan (approved by the Council on April 16, 2002).
The previous use of the property was a legal nonconforming retail vehicle sales establishment. The proposed use of the property, a privately operated DMV registration office, is considered a business and administrative office and is, therefore, a permitted use in the CP Commercial Pedestrian Zoning District. The retail vehicle sales use was terminated approximately 3 months ago and will lose its legal nonconforming status upon the discontinuance of the use for 6 total months. Under the CP Commercial Pedestrian Zoning District, approval of a Conditional Use Permit would be required should the owner choose to return to a retail vehicle sales use after its current legal nonconforming status has expired. Because the proposed use is permitted in the CP Commercial Pedestrian Zoning District and because no changes to the site are proposed, no other Planning permits will be required to initiate the privately operated DMV registration office.
The existing structure at the site will not conform to the front and rear setbacks of the CP Commercial Pedestrian Zoning District. Therefore, the existing structure at the site will become legal nonconforming in those regards. The existing structure would conform to the height restrictions of the proposed CP Commercial Pedestrian Zoning District, but more importantly, the development standards of the proposed CP Commercial Pedestrian Zoning District will promote future pedestrian oriented commercial redevelopment of the site that is consistent with the vision of the SNI Delmas Park Neighborhood Improvement Plan. Any proposed redevelopment of the site would require a separate Development Permit issued by the Director of Planning and would be subject to its own environmental review and public hearing process after the City Council’s consideration of the proposed rezoning.
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.
2.The proposed rezoning will facilitate commercial use and development of this site that is compatible with the surrounding uses and with the SNI Delmas Park Neighborhood Improvement Plan.
Attachments