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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 P.C. 11/19/03
Item: 4.a. |
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File Number PDC 03-029 |
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STAFF REPORT |
Application Type Planned Development Rezoning |
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Council District SNI
Area 3 Spartan
Keyes |
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Planning Area Central |
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Assessor's
Parcel Number(s) 472-14-045,
-048, -049, -051, -054, -061 |
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PROJECT DESCRIPTION |
Completed by: John Davidson |
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Location: Northeast
corner of S. Fifth and Keyes Streets |
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Gross Acreage:
2.16 |
Net Acreage:
2.16 |
Net Density:
69 DU/AC |
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Existing Zoning: LI Light Industrial |
Existing Use: Industrial and commercial uses |
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Proposed Zoning: A(PD) Planned Development |
Proposed Use:
up to 148
multi-family attached dwelling units and 2,500 square feet of retail space |
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GENERAL PLAN |
Completed by:
JED |
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Land Use/Transportation
Diagram Designation Residential
Support for the Core (25+ DU/AC) |
Project
Conformance: [ X]Yes
[ ] No [ x ] See
Analysis and Recommendations |
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SURROUNDING LAND USES AND ZONING |
Completed by:
JED |
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North: SJSU Foundry building, future park site LI Light
Industrial, A(PD) Planned Development |
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East: Auto repair, apartment, single-family residences LI Light Industrial |
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South: Commercial buildings LI Light
Industrial |
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West: Industrial uses LI Light
Industrial |
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ENVIRONMENTAL STATUS |
Completed by:
JED |
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[ ] Environmental Impact Report certified [ X] Negative
Declaration circulated on October 31, 2003 [ ] Negative
Declaration adopted on |
[ ] Exempt [ ]
Environmental Review Incomplete |
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FILE HISTORY |
Completed by:
JED |
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Annexation Title:
Original City |
Date: March 27, 1850 |
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PLANNING DEPARTMENT RECOMMENDATIONS AND ACTION |
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[ X] Approval [ ] Approval with Conditions [ ] Denial |
Date:
_________________________ |
Approved
by: ____________________________ [ ] Action [b ] Recommendation |
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APPLICANT/OWNER |
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CORE Development Inc. Attn: Martha Putnam 470 S. Market Street San Jose, CA 95113 |
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PUBLIC
AGENCY COMMENTS RECEIVED |
Completed by: JED |
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Department of Public Works See attached
memos |
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Other Departments and Agencies See attached
memos from Fire Department, Police Department, and Environmental Services
Department |
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GENERAL
CORRESPONDENCE |
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None received. |
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ANALYSIS
AND RECOMMENDATIONS |
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BACKGROUND
The applicant is
proposing a Planned Development Rezoning to allow up to 148 multi-family
residences on a 2.16 gross acre site at the northeast corner of S. Fifth and
Keyes Streets. The site is located
within the Downtown Frame, within the Spartan Keyes Strong Neighborhood
Initiative Area, and within the study area of the draft Martha Gardens Specific
Plan.
A number of
different industrial and commercial uses are located on the subject site,
including a fiberglass manufacturer, an automotive electrical shop, and a door
manufacturer and retailer. The San Jose
State foundry is located directly to the north of the property, along with a
future public park site. An auto repair shop and an apartment building abut the
project along the eastern edge of the property. Single-family residences are located to the east across S. Sixth
Street. Commercial uses are located to
the south, across Keyes Street, and industrial uses are located to the west
across S. Fifth Street.
Project Description. The project consists of 110 studio, 16 one-bedroom and 22
two-bedroom apartments intended primarily for artists. Studio units range in size from
approximately 400 to 600 square feet, while one-bedroom units are 600 square
feet in area, and two bedroom units are approximately 900 square feet in
area.
The project
consists of two distinct buildings. The
‘Factory’ building, which is located at the corner of Fifth and Keyes Streets
will be four stories and 50 feet in height, and will feature a sawtooth roof
similar to existing industrial buildings in the neighborhood. Most of the units are clustered around two
separate open space areas, which are intended as workspaces for resident
artists. A small retail space, most
likely for a café, is integrated into the Keyes Street façade.
Parking for the
Factory units will be provided by two interlocking parking ramps directly to
the east of the building. One ramp,
which starts out at grade and is angled downwards, is accessed from the north
end of the project from S. Fifth Street.
The other ramp, which is angled upwards from grade, is accessed from
Keyes Street.
The other
residential building, called the ‘Cottage’ building, fronts onto S. Sixth
Street, is smaller in scale and meant to relate to the existing single-family
residences across S. Sixth Street. The Cottage building will
be two stories
in height, with a central courtyard, built over a podium garage. The building
will be set back 15 feet from the property line, and will have landscaped front
yards, similar to the existing residential lots across the street. The Sixth Street façade will be broken up
into sections that mimic the rhythm of the single-family across the
street. In addition, ground floor units
facing S. Sixth Street will have porches and entryways that directly access the
street.
A one-story,
3,300 square foot gallery building is located at the northeast corner of the
site. The gallery space is intended as
a common amenity for residents of the project, and is intended to be
complementary to the public park under development immediately to the north.
An Initial Study
was prepared for this project and a Mitigated Negative Declaration was
circulated by the Director of Planning on October 31, 2003. Noise and Hazardous Materials are the major
environmental issues. The Initial Study
included a noise report that addressed impacts to the proposed project from
noise from surrounding streets. Mitigation measures identified in that report
have been incorporated into the project. The Initial Study also included an
Environmental Site Assessment that addressed hazardous materials impacts from
previous uses on the site.
Noise Impacts. The City of San Jose Noise Element in the General Plan
utilizes the Day-Night Level (DNL) 24-hour noise descriptor to define community
noise impacts, and specifies that exterior noise exposures at residential areas
not exceed 60 dB DNL when the noise source is transportation related. In addition, interior noise exposures are
not to exceed 45 dB DNL. The Noise
Element also states that residential development in close proximity to major
thoroughfares, in the Downtown Core Area, along railroads and in the vicinity
of San Jose International Airport have noise exposures that may not be able to
meet the noise standards in the time frame of the General Plan. For these cases, staff has supported 65 dB
DNL as the near-term exterior noise standard.
The noise report
found the existing noise environment is due primarily to vehicular traffic
along Keyes Street. The analysis found
noise exposures greater than 70 dBA DNL occur at the edges of the site and
mitigation measures will be required to reduce interior noise levels below 45
dBA DNL. Exterior spaces will be
blocked from traffic noise by the building itself, and the resulting exterior
noise levels in recreation areas will be at or below 55 dBA DNL, which meets
the acceptable outdoor noise level identified by the Environmental Protection
Agency, and is below the city’s short-term exterior noise threshold of 60 dBA
DNL.
The project
proposes thick sound-rated windows and mechanical ventilation to provide the
required 45 dB DNL interior living environment. Units along the Keyes Street façade will have windows with sound
transmission class (STC) ratings of 32 to allow the interior noise standards to
be met within residences. In addition,
all units on the Fifth, Sixth, and Keyes Street facades are required to have
mechanical ventilation so that windows can be kept closed. By incorporating the mitigation measures
suggested in the noise report, the project will be able to achieve exterior
noise levels of 55 dBA DNL across the site, including in private open spaces,
and the required interior noise levels of 45 dBA DNL.
Hazardous Materials.
The project site consists of a number of different parcels, with a
variety of different industrial and commercial uses. The parcels at 1060 S. Fifth Street, 1057 S. Sixth Street and
1065 S. Sixth Street are occupied by the Viking Door Company. The portion of the Viking Door Company
identified as 1060 S. Fifth Street is a case closed leaking underground storage
tank (LUST) site. Based on a review of
Santa Clara Valley Water District documents, two Underground Storage Tanks
(USTs) were closed in place in 1985 after floating product was discovered in a
monitoring well adjacent to the tanks.
Remediation was performed on the site from 1985 to 2000, and in 2001 an
analysis of the site was performed that indicated that residual benzene was
below target levels. Following the analysis,
the SCVWD and Regional Water Quality Control Board granted closure to the
subject site.
The property
identified at 1098 S. Fifth Street was formerly equipped with a 1,000-gallon
fuel UST. According to the property
owner, the UST was filled with sand in the 1970s. Sampling was performed adjacent to the UST, which indicated the
presence of hydrocarbons found in gasoline, along with benzene. The UST will have to be removed and the
surrounding area remediated, in accordance with applicable law.
An inspection of
the property located at 1098 S. Fifth Street also indicated the presence of
numerous containers of solvents involved in the manufacture of fiberglass. These containers were generally not stored
with secondary containment, and soil testing indicated the presence of
trichloroethene (TCE), a known carcinogen.
The property
located at 1044 S. Sixth Street has been occupied by various auto and truck
repair businesses. An inspection of the
property revealed a below-grade automobile service pit. This service pit was sampled for petroleum
hydrocarbons, and after analysis it was determined that impacted soils were
likely limited to the area immediately below the service pit.
In addition, due
to the age of the subject buildings there is a possibility that
asbestos-containing material (ACMs) and/or lead-based paint are present.
Demolition of these structures could expose construction workers or other
persons in the vicinity to harmful levels of asbestos and lead, which could be
a significant health impact. The Initial Study calls for a survey for asbestos
and for lead based paint on and around the building prior to demolition. Pursuant to state law, any debris or soil
containing asbestos or lead-based paint or coatings will be disposed of at
landfills that meet acceptance criteria for the waste being disposed.
In addition, conformance with the recommendations included in the Phase I Environmental Site Assessment for 1044-1098 S. Fifth Street and 1057-1065 S. Sixth Street dated July 9, 2002, prepared by AEI Consultants, will reduce impacts from hazardous materials to a less than significant level. These recommendations include removal of decommissioned underground storage tanks, destruction of any remaining wells on site, and further testing and preparation of a corrective action plan for trichloroethane.
In summary, hazardous materials are present at the site, but a remediation program has been developed to prepare the site for residential use.
Traffic Impacts.
The Initial Study examined traffic impacts from the project, and found
that the existing signalized intersections will conform to the City’s Level of
Service (LOS) policy in the project condition.
Additionally, no signals are warranted by this project. Therefore, the project will not have
significant environmental impacts as defined by the City’s implementation of
CEQA.
The proposal, at
a net density of 69 DU/AC, conforms to the General Plan Land Use Designation of
Residential Support for the Core (25+ DU/AC).
The Residential Support for the Core designation has a minimum density
requirement of 25 dwelling units per acre and no maximum density. The designation is intended to expand the
potential for residential development in close proximity to central area jobs,
and to create new consumer markets in the downtown area. The retail component of the project is
consistent with the designation in that Residential Support for the Core allows
commercial uses on the first two floors of residential projects. The proposed height and density of the
project is also consistent with adopted land use policies for the Downtown
Frame.
The project site
is located within the Spartan Keyes Strong Neighborhoods Area. The Spartan Keyes Strong Neighborhoods
Improvement Plan indicates that one of the goals of the plan is to support
neighborhood scale residential infill development. The proposed development is scaled to the residential neighborhood
to the east through the use of two-story units along the Sixth Street frontage,
and through the use of porches and street entries along the perimeter of the
project.
The primary
project issues are compatibility with adjacent uses, and the project’s
conformance with the draft Martha Gardens Specific Plan.
Compatibility with adjacent
uses. The proposed project spans the width of an
entire block, and is surrounded by widely varying buildings and uses. The
project attempts to respond to these different interfaces through the design of
the two different buildings.
Along S. Sixth
Street, across from existing one-and-a-half story single-family residences, the
Cottage building will be an average of 35’ and two stories in height. Along
Sixth Street, the setback from the property line to the edge of the podium is
approximately 15 feet, which is enough room for a front porch, steps down from
the first level to street level, and a small front yard. The roof forms and
porch elements of these units will be reflective of the single-family character
of that block of S. Sixth Street. This
project frontage will match the treatment of the recently approved JSM and the
Virginia Terrace projects, to the north of the project site along the west side
of S. Sixth Street.
Along S. Fifth
Street, the Factory building will be more industrial in character. The building will be four stories and
approximately 50 feet in height, and will sit at the Fifth Street property
line. The façade will include
industrial style windows, and roll-up doors for the first floor units. The roof will have a sawtooth form, similar
to historic industrial buildings in the area.
Staff will continue to work with the applicant through the Planned
Development Permit process to insure compatibility of the entire project with
the surrounding buildings and uses.
Conformance
with the draft Martha Gardens Specific Plan.
The project is located within the Martha Gardens Specific Plan area,
which envisions the creation of a mixed-use arts district bounded by S. First,
S. Sixth, Virginia, and Keyes Streets. The project will be a keystone in the
development of an arts district in the Martha Gardens Specific Plan area.
The draft specific plan calls for infill development at high
densities that establishes a strong sense of neighborhood. The project is consistent with the proposed
High Density Residential (40-70) DU/AC) designation for the site, and
establishes a strong sense of neighborhood by maintaining a human scale and
facing outwards towards residential properties along Sixth Street, and by
incorporating industrial elements into the project along Fifth Street.
The draft specific plan also calls for neighborhood serving
retail uses along the Keyes Street frontage of the project. The project includes a 2,500 square foot
retail space, intended for a café, at the northeast corner of S. Fifth and
Keyes Streets, and a gallery space at the northeast corner of the project,
abutting a City Park currently under development. The retail and gallery spaces are intended to invite neighborhood
residents
into the project, and to further the sense of an arts
community in the Martha Gardens area, which includes the San Jose State Foundry
directly to the north of the project.
The project
proposes 148 units on 2.16 net acres, for a density of 69 DU/AC, which is in
line with the densities anticipated under the site’s General Plan designation
of Residential Support for the Core (25+ DU/AC). The project furthers the overall vision of the draft Martha
Gardens Specific Plan by providing artist-oriented housing and public spaces
into a project that achieves compatibility with a varied neighborhood context.
Staff is
recommending approval of the project, with conditions identified in the
Mitigated Negative Declaration, to insure that the project will have less than
significant environmental impacts and will be compatible with the surrounding
neighborhood.
A public hearing
notice for the project was published in a local newspaper and mailed to all
property owners and tenants within 1,000 feet of the subject site. A community
meeting, with staff present, was held February 13, 2003. Response from the
neighborhood was generally favorable, because of the project’s intention to be
residential space for artists, and because the project includes gallery and
retail spaces.
Planning staff
recommends the Planning Commission forward a recommendation of approval and the
City Council approve the project for the following reasons: ‘
1.
The
proposed rezoning conforms to the subject site’s General Plan Land Use Diagram
Designation of Residential Support for the Core (25+ DU/AC).
2.
The project
is consistent with the goals of the Spartan Keyes Strong Neighborhoods Improvement
Plan.
3.
The project
is consistent with the goals and policies of the draft Martha Gardens Specific
Plan.
4.
The project
proposes a design that is compatible the Sixth Street frontages by providing
units that are compatible in scale and front setback, and have porches and
stoops with direct access to the street.
5.
The project
relates appropriately to surrounding development in terms of height, setbacks,
and detailing.
C: Kevin Wilcock, David Baker
+ Partners, 461 Second Street, loft c127, San Francisco, CA 94107