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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.
11/28/2001 Item. 4.g. |
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File Number PDC 99-07-066 |
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STAFF REPORT |
Application Type Planned Development Rezoning |
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Council District 6 |
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Planning Area Willow Glen |
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Assessor's
Parcel Number(s) 434-14-003;060 |
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PROJECT
DESCRIPTION |
Completed by: Anastazia Aziz |
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Location: North side of
West Alma Avenue between Belmont Way and Minnesota Avenue |
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Gross Acreage: 1.16 |
Net Acreage: 1.16 |
Net Density: 12.1 DU/AC |
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Existing Zoning: CP Commercial
Pedestrian |
Existing Use: Commercial |
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Proposed Zoning: A(PD) Planned
Development |
Proposed Use: Multi-family
residential and retail |
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GENERAL PLAN |
Completed
by: AA |
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Land
Use/Transportation Diagram Designation General Commercial |
Project
Conformance: [ X ] Yes [
] No [ X ] See
Analysis and Recommendations |
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SURROUNDING LAND
USES AND ZONING |
Completed
by: AA |
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North: Residential R-1-8
Residential |
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East: Commercial CP
Commercial Pedestrian |
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South: Multi-family
Residential A(PD)
Planned Development |
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West: Residential R-1-8
Residential |
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ENVIRONMENTAL
STATUS |
Completed
by: AA |
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[ ] Environmental Impact Report [ ]
Negative Declaration [ x ] Negative
Declaration adopted on February 14, 2000 |
[ ] Exempt [ ] Environmental Review Incomplete |
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FILE HISTORY |
Completed
by: AA |
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Annexation
Title: Willow Glen |
Date: 10/01/1936 |
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PLANNING
DEPARTMENT RECOMMENDATIONS AND ACTION |
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[ x ] Approval [ ] Approval with Conditions [ ] Denial [ ] Uphold Director's Decision |
Date: _________________________ |
Approved
by: ____________________________ [ ] Action [b ] Recommendation |
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APPLICANT /DEVELOPER/OWNER |
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Bob
Vlahopouliotis 1005
South 5th Street San
Jose, Ca 95112 |
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PUBLIC AGENCY COMMENTS RECEIVED |
Completed by: AA |
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Department of Public Works See Attached
Memorandum. |
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Other Departments and Agencies See attached
memoranda from Fire Department, Environmental Services Department, October
19, 1999 letter from the Santa Clara Valley Water District, and August 5,
1999 letter from VTA. |
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GENERAL CORRESPONDENCE |
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None received. |
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ANALYSIS AND RECOMMENDATIONS |
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The
applicant, Mr. Vlahopouliotis, is requesting a Planned Development Rezoning
from CP Commercial Pedestrian to A(PD) Planned Development to allow the
development of up to 14 multi-family residential units and up to 10,700 square
feet of retail uses on the subject property.
The site consists of two parcels, both of which have been the subject of code enforcement action. The currently pending code enforcement issue involves the existing produce market parcel at the corner of Alma and Minnesota Avenues. The last legal use of this site was a gasoline service station. A number of additions were made to the gas station structure without benefit of permits and retail uses were implemented with parking, access, site design and signage that did not meeting City standards. Code Enforcement action in 1984 led to the filing of a Site Development Permit (File No. H84-09-282). This Permit was denied due to failure of the applicant to submit acceptable plans to resolve the site and building design issues. The violations continued until the mid-nineties when additional code enforcement action resulted in the filing of a Site Development Permit (File No. H 97-04-022). This permit was withdrawn and a Conditional Use Permit was submitted (File No. CP 97-06-034) to legalize conversion of the gas station, to allow outdoor sale of produce and bring the site and structures into conformance with the Zoning Code. The applicant again failed to provide acceptable plans and in 1999, staff and the applicant reached agreement that the existing facilities should be demolished and the site redeveloped. The current Planned Development Zoning was filed in 1999 pursuant to this agreement.
Single-story,
commercial buildings, a billboard, and a large paved surface parking lot with
limited landscaping currently occupy the project site. The existing buildings are an eyesore, much
of the signage is unpermitted and unattractive, unscreened refuse is a constant
problem, retail parking backs out onto Alma Avenue and a pay telephone stands
at the front property line. Streets
bound the property to the east, south, and west.
Single
family residential uses are located immediately to north, Belmont Way and a gas
station to the east, West Alma Avenue and a multi-family condominium
development to the south, and Minnesota Avenue and single-family uses are
located to the west.
The
Valley Transportation Agency operates buses #67 and #82 along West Alma and
Minnesota Avenue. A bus stop is
currently located on West Alma in front of the property. The bus stop will be replaced with an
improved bus “duck-out” as a condition of approval of the Planned Development
Permit. Additionally, the Tamien Light
Rail and Caltrain stations are within walking distance of the subject property.
The project proposes to demolish the existing commercial buildings and to construct two mixed-use buildings that reach a maximum height of 35 feet. A maximum of 10,700 square feet of retail uses located at grade with frontage on West Alma Avenue and a total of 14 residential units located on the second and third stories are proposed in the two buildings. The buildings are set back ten feet from West Alma Avenue and an open space courtyard with a water feature is proposed between the two buildings. The buildings are three stories in height at the center point and step down to two stories adjacent to Belmont Way and Minnesota Avenue to transition to the existing single-family uses and smaller residential street.
The
parking for both the retail and the residential uses is located to the rear of
the site and is accessed from both Belmont Way and Minnesota Avenue. A total of 72 parking stalls are provided to
serve the mixed-use project. Although
this project is eligible for a 15% reduction in required parking because of the
site’s proximity to the Tamien light rail station, no reduction is proposed
because of a perceived lack of parking in the community. The applicant is proposing to remove a
billboard currently located on the project site.
PUBLIC OUTREACH
Several
community meetings for the project were held since its original filing, the
most recent on September 10, 2001 at Galarza School. Attendees expressed concern regarding the height of the proposed
buildings and neighborhood residents requested that the number of units be
reduced.
A
Negative Declaration and a notice of the public hearing before the Planning
Commission and City Council were distributed to the owners and tenants of all
properties located within 1,000 feet of the project site. Staff has been available to discuss the
project with members of the public.
The
environmental impacts of this project were addressed by a Negative Declaration
which concluded that the proposed project would not result in environmental
impacts.
GENERAL PLAN CONFORMANCE
The
proposed rezoning conforms to the adopted San José 2020 General Plan Land
Use/Transportation Diagram designation of General Commercial. The project is consistent with the General
Plan’s Discretionary Alternate Use Policy for Residential Uses on
Commercially-Designated Parcels.
Mixed-use development is allowed under a Planned Development Rezoning
provided the residential density does not exceed 25 DUAC on Minor
Arterial/Major Collector streets and the proposed development is of a size and
design which would provide an appropriate residential environment. The proposed project meets these criteria
and provides housing and the opportunity for pedestrian-oriented commercial
within walking distance of the Tamien Light Rail Station.
The
primary issues associated with this proposal include conformance with the
Residential Design Guidelines and code compliance.
Vertical Mixture of Uses
The Guidelines encourage the vertical mixture of uses and
specify that retail uses should generally be limited to the ground floor. Vertical mixing of uses enables more
efficient use of land and increased street animation. The proposed rezoning
permits ground floor retail uses along the West Alma Avenue frontage and permits
the central courtyard between the two buildings to be used as a seasonal
outdoor seating area. The retail uses
encourage pedestrian activity along West Alma Avenue and will present an
appropriate urban façade to the street.
The rezoning has been conditioned to require that the frontage include a
storefront treatment with glazing that provides 60% transparency, and to
encourage awnings and canopies.
Residential uses are permitted on the second and third
floors above retail uses in both buildings.
Outdoor balconies are primarily located on the West Alma Street frontage
which will also increase street animation and will provide an active connection
between the street and the buildings.
Setbacks
The
Guidelines encourage mixed-use projects to be urban in character and specify
that setbacks from public streets be no
greater than 15 feet. The rezoning proposes 10-foot setbacks along West Alma
Avenue. A small sidewalk easement is
required to encroach into the setback area to accommodate the bus duck-out location. The 10-foot setback will better define the
street edge along Alma Avenue, a wide arterial street. Additionally, high-quality architectural
treatment and landscaping of the project frontages will be used in conjunction
with the setbacks to provide an attractive streetscape.
The
proposed setback along the western property line is 25 feet to allow for a
generous landscape buffer and to serve as an appropriate transition to the
single family residential community on Minnesota Avenue. A 15-foot setback is proposed along the
eastern property line to create a landscaped area between Belmont Way and the
parking areas and building. A five-foot
minimum setback is proposed along the northern property line between the
adjacent single family and the proposed carports. Parking is not permitted to encroach into the setback areas. Staff will continue to work with the
applicant to ensure the setback area is adequately landscaped.
According
to the RDG, buildings should be oriented parallel to the street, particularly
at corners. The proposed rezoning
orients the buildings parallel to West Alma Avenue in conformance with the
RDG. The buildings create a distinctive
edge, define the site, and address the proximate transit facilities in conformance
with the requirements of the Guidelines.
The buildings are not oriented to either corner at Belmont Way and
Minnesota Avenue due to community concern regarding the proposed height of the
buildings. Instead, generous landscaped
areas are proposed at the corners.
The
proposed project is well articulated through the use of 2- to 3-story elements
and a variety of roof forms to address the street frontage. Architectural detailing includes cornice,
window treatments, and balconies. The proposed buildings are sensitive to
adjacent residential uses and step down to create an appropriate height
transition along the western and eastern edges of the property.
For all of the above reasons, staff concludes
that the proposed project is in substantial conformance with the Residential
Design Guidelines.
Code
Compliance
This site has been a blight on the neighborhood
for many years. Staff believes that the
proposed project will greatly improve the appearance of the site and its
compatibility with the surrounding neighborhood; however, staff is concerned
that there be no additional delays in completing the entitlement process and
implementing the project. Staff is
working with the applicant and Code Enforcement staff to establish a schedule
for securing the necessary approvals and removing the unauthorized improvements
and uses and overflowing, unscreened garbage.
If for any reason the project does not move forward according to this
schedule, staff will proceed immediately to take enforcement action to bring the
site into conformance with the Zoning and Building Codes.
Based
on the above analysis, staff concludes that the proposed project provides a
significant opportunity to further important goals and strategies of the
General Plan for transit-oriented, high-density/mixed-use, infill development
within the Urban Service Area, and that the project conforms to the Residential
Design Guidelines and is compatible with the surrounding neighborhood.
Planning staff recommends that the City Council
approve the subject rezoning for the following reasons:
1. The proposed project is consistent with
the San José 2020 General Plan Land Use/Transportation Diagram designation of
General Commercial under the Discretionary Use Policy for Residential Uses on
Commercially-Designated Parcels..
2. The proposed project conforms to the
Residential Design Guidelines.
3. The project furthers the goals and
objectives of the City’s infill housing strategies and will promote transit
usage.
4. The proposed rezoning is compatible with
existing uses on adjacent and neighboring properties.