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. 11/28/01 Item No.
				File Number PDC 01-09-090
STAFF REPORT				Application Type Planned Development Rezoning
				Council District 9
				Planning Area Cambrian-Pioneer
				Assessor's Parcel Number(s) 419-05-041
PROJECT DESCRIPTION				Completed by: Teresa Estrada
Location: Southeast corner of Leigh Avenue and Foxworthy Avenue (3002 Leigh Avenue)
Gross Acreage: 1.66	Net Acreage: 1.66			Net Density: N/A
Existing Zoning: A(PD) Planned Development		Existing Use: Medical office uses
Proposed Zoning: A(PD) Planned Development		Proposed Use: Private special education school for up to 140 students grades 1-12, and up to 75 staff members.
GENERAL PLAN				Completed by: TE
Land Use/Transportation Diagram Designation Office				Project Conformance: [ X ] Yes [ ] No [ X ] See Analysis and Recommendations
SURROUNDING LAND USES AND ZONING				Completed by: TE
North: Single-family detached residences			R-1-8 Residence District
East: Public School (Steindorf Elementary)			R-1-8 Residence District
South: Condominiums			RM Residence District
West: Single-family detached residences			R-1-8 Residence District
ENVIRONMENTAL STATUS				Completed by: TE
[ ] Environmental Impact Report found complete [ ] Negative Declaration adopted on:				[x] Exempt [ ] Environmental Review Incomplete
FILE HISTORY				Completed by: TE
Annexation Title: Cherryhurst No. 3B				Date: November 8, 1956
PLANNING DEPARTMENT RECOMMENDATIONS AND ACTION
[ ] Approval [ x ] Approval with Conditions	Date: _________________________			Approved by: ____________________________ [ ] Action [X] Recommendation
APPLICANT/OWNER/DEVELOPER
John N. Heringer Leigh Avenue Medical Partners, LP 18803 Hilltop Way Saratoga, CA 95070
PUBLIC AGENCY COMMENTS RECEIVED					Completed by: TE
Department of Public Works See memorandum dated October 10, 2001.
Other Departments and Agencies
GENERAL CORRESPONDENCE
ANALYSIS AND RECOMMENDATIONS

BACKGROUND

The applicant, John Heringer, is requesting a Planned Development Rezoning from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District to allow a private special education school on an approximately 1.7-gross-acre site. The site is currently developed with four office buildings and surface parking. The existing buildings were approved in the 1980s under a Planned Development Zoning. The current zoning did not provide for alternative uses, therefore, a new Planned Development Rezoning is required in order to allow the proposed use.

The project site is bounded by the play field for Steindorf Elementary School to the east, apartments to the south, and single-family residences located across public streets to the west and north.

Project Description

The proposed project would allow reuse of the existing one- and two-story buildings on the site as a privately operated Special Education school for up to 140 students enrolled in grades 1-12. The total floor area of the buildings on the site is approximately 25,100 square feet. No exterior modifications or expansions to the existing buildings, landscaping, or parking areas are proposed under this proposal. Any future additions would require a new Planned Development Rezoning of the property.

The proposed tenant, Second Start, is a non-profit foundation that contracts with local school districts, as well as other facilities such as the County Children’s Shelter, to provide educational services to children with special needs. Second Start has operated two similar special education private schools for several years in the Cambrian area, one near the intersection of Andover Drive and Ross Avenue, and the other on Cambriana near Union. Both of the existing facilities are former public elementary schools and operating under lease from the school district.

Most of the students’ transportation to and from the site will be accomplished by means of a vanpool to be operated by or under contract from the school. Under some limited or occasional circumstances, e.g., in case of a doctor’s appointment, a student’s parents or guardians may provide transportation.

Approximately 75 adult staff members would be involved in the day-to-day operation and maintenance of the proposed use. 109 parking spaces are provided on the site for use by faculty, staff, and parents. The parking spaces are dispersed around the site in surface parking areas and in an at-grade parking level below one of the

existing buildings. The site’s vehicular circulation pattern allows school vans to enter and exit on Leigh Avenue and move freely through the site.

As a contingency to allow possible additional or alternative uses on the site in the future, the proposed rezoning would allow all conditional and permitted uses in the CO-Commercial Office Zoning District, in addition to the primary proposed use as a private school. This provision is intended to allow other appropriate land uses to take place on the site without need for an another Planned Development Rezoning if, at any time in the future, the school determines that it does not require use of the entire site. Typical permitted uses in the CO-Commercial Office District include business and administrative offices, medical and dental facilities. If any future non-school related uses are proposed in conjunction with the school, a Planned Development Permit Amendment will be required to ensure that conflicts between school drop-off operations do not cause an internal, on-site traffic conflict and that the overall parking remains adequate.

GENERAL PLAN CONFORMANCE

The proposed rezoning is consistent with the San José 2020 General Plan Land Use/Transportation Diagram designation of Office by use of the Discretionary Alternate Land Use Policy for New Public/Quasi-Public Uses. This policy states that for sites that do not have the Public/Quasi-Public designation, a determination of conformance with the General Plan for a public/quasi-public use such as the proposed project may be made on the basis of a demonstrated need for the type of facility that is being proposed. In the present case, it is staff’s opinion that the proposed special education use will serve a need that is valuable to the community at large, and that the proposed site represents an appropriate location for such a use.

ENVIRONMENTAL REVIEW

The Director of Planning has determined that this project is exempt from further environmental review pursuant to section 15332 under the provisions of the California Environmental Quality Act (CEQA).

ANALYSIS

The key issues analyzed as part of this review are compatibility with adjacent land uses and the adequacy of the project’s on-site parking and open space provisions.

Compatibility with Adjacent Land Uses

As noted above, the proposed use would occupy an existing facility that was originally constructed for use as medical offices. The change in use to a private school is unlikely to have any noticeable effect in terms of noise, traffic, privacy, or similar impacts on adjacent properties. There has been no evidence that there are any existing operational problems or neighborhood interface issues with either of the existing Second Start facilities and the adjacent residential properties. Classroom use will be limited to the hours of 8:00 AM to 3:00 PM, Monday through Friday, and office uses will be limited to the hours of 6:00 AM to midnight. These operating hours are consistent with what would be allowed as of right (i.e., requiring no special approvals) for any business in the City of San Jose, including the existing office buildings. Student drop-off will occur on site with van pool vehicles circulating under the parking garage.

The majority of the students will be transported to and from the school by school vanpools rather than by private cars. Consequently, staff does not anticipate that the proposed use will generate the high levels of pick-up and

drop-off trips, and associated back-ups and congestion that are often experienced at peak times immediately before and after school hours at conventional schools.

Parking

A total of 109 existing parking spaces are provided on the site. The required minimum number of parking spaces proposed by the applicant is one space per staff member, plus one space per 10 students. (Although the students are prohibited from driving themselves to the school, the additional parking spaces account for parent-teacher meetings and other incidental uses). In the context of a Planned Development Zoning, the minimum number of required parking spaces may be determined on the basis of the project’s specific circumstances. In staff’s opinion, the proposed number of parking spaces to be dedicated for exclusive use by the school is adequate.

Given the levels of enrollment and staffing proposed, the total number of required parking spaces is approximately 89. Therefore, about 20 “surplus” parking spaces will be available to serve any additional commercial/office land uses that may be added to the site at a later date. One parking space will be required per 250 square feet of building area to be used later as offices unrelated to the school. This ratio is equal to what is typically required for offices in the City of San Jose. Any increase in the number of staff members or students at the school will effectively decrease the amount of parking available for other non-school office uses on the site. Review of any proposed non-school office uses under a subsequent Planned Development Permit Amendment will include a parking analysis to ensure that adequate parking will be made available.

Open Space

In addition to the existing open space that is located in a partially protected area near the middle of the site, shared access to the open play areas at the adjacent Steindorf Elementary School will be made available to the proposed private school. Although there is currently no direct access across the shared property line, students would be able to enter the Steindorf play fields from nearby Foxworthy Avenue. The possibility of establishing an access gate between the two properties will be explored at the Planned Development Permit stage.

PUBLIC OUTREACH

Notices for the public hearing for this project were distributed to the owners and tenants of all properties located within 500 feet of the project site. Staff has been available to discuss the project with members of the public.

CONCLUSION

The subject site represents an appropriate location for the requested use and a good adaptive re-use of the existing office complex. The proposed non-profit special education private school will provide an important community service, and will not adversely impact any nearby land uses.

RECOMMENDATION

Planning staff recommends approval of the proposed Planned Development Rezoning for the following reasons:

1. The project conforms to the General Plan Land Use/Transportation Diagram designation of Office, by use the Discretionary Alternate Land Use Policy for New Public/Quasi-Public Uses.

2. The project conforms to the applicable development standards prescribed by the Zoning Ordinance.

3. The project conforms to the Commercial Design Guidelines.

4. The proposed project will be compatible with the surrounding neighborhood.

c: L.E. Boydston, 1975 Cambriana Drive San Jose CA 95124

Attachments: Location Map, Project Memo(s)

TE:ll207-02