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
			File Number PDC 01-02-020
STAFF REPORT			Application Type Planned Development Rezoning
			Council District 6
			Planning Area Central
			Assessor's Parcel Number(s) 274-58-030
PROJECT DESCRIPTION			Completed by: Britta Buys
Location: West side of North Bascom Avenue approximately 130 feet southerly of Forest Avenue
Gross Acreage: 0.62	Net Acreage: 0.62		Net Density: 32.26 DU/AC
Existing Zoning: CP Commercial Pedestrian		Existing Use: Vacant Lot
Proposed Zoning: A(PD) Planned Development		Proposed Use: 20 multi-family attached residential units
GENERAL PLAN			Completed by: BB
Land Use/Transportation Diagram Designation Office			Project Conformance: [ x ] Yes [ ] No [ x ] See Analysis and Recommendations
SURROUNDING LAND USES AND ZONING			Completed by: BB
North: Office			CP Commercial Pedestrian
East: General Commercial & Single-family detached residential			CP Commercial Pedestrian & County
South: Office			CP Commercial Pedestrian
West: Office and Multi-family attached residential			CP Commercial Pedestrian & CO Office
ENVIRONMENTAL STATUS					Completed by: BB
[ ] Environmental Impact Report found complete [ x] Negative Declaration circulated on November 7, 2001					[ ] Exempt [ ] Environmental Review Incomplete
FILE HISTORY					Completed by: BB
Annexation Title: Bascom No. 22					Date: 01/14/54
PLANNING DEPARTMENT RECOMMENDATIONS AND ACTION
[ x ] Approval [ ] Approval with Conditions [ ] Denial	Date: _________________________				Approved by: ____________________________ [ ] Action [ x ] Recommendation
APPLICANT / DEVELOPER / OWNER
Ahron Bogomilsky and Barry Mirkin 542 Lakeside Drive #2A Sunnyvale, CA 94086
PUBLIC AGENCY COMMENTS RECEIVED				Completed by: BB
Department of Public Works See attached memorandum.
Other Departments and Agencies See attached Fire and Police memoranda.
GENERAL CORRESPONDENCE
See attached letter from Mr. and Mrs. K.M. Colson, dated October 15, 2001.
ANALYSIS AND RECOMMENDATIONS

BACKGROUND

The applicants are requesting a Planned Development Rezoning from CP Commercial Pedestrian District to A (PD) Planned Development to allow 20 multi-family attached residential units on 0.62 gross acres. The subject site is roughly rectangular in shape and is vacant. It has approximately 137 linear feet of frontage on North Bascom Avenue. The level site is surrounded by (1) office uses to the north and south; (2) general commercial uses and single-family residences to the east; and (3) office uses and multi-family attached residences to the west.

The proposed project contains a two-story rectangular building with two main entries from the surface parking lot. Two ground-floor units have separate entries that face the North Bascom Avenue frontage. The project includes 16 one-bedroom units and 4 two-bedroom units that range between 470 and 720 square feet in area. A two-way driveway extends from Bascom through the site and onto an adjacent commercial property out to Forest Avenue. The applicant holds an easement over the adjacent property for access to the public street.

PUBLIC OUTREACH

A neighborhood meeting was held on October 24, 2001 at the Rose Garden Library. Neighbors of the project site raised concerns related to traffic and crime and expressed a preference for ownership housing. Based on an in-house traffic evaluation, the Department of Public Works determined that the proposed project would generate 15 peak hour trips based on a trip generation rate of 0.75 peak hour trips per unit. The estimated 15 peak hour trips are well below the 100 peak hour trip threshold that would trigger the need for a traffic study. The proposed project will not impact the level of service at nearby intersections.

Notices of the public hearing and the Draft Mitigated Negative Declaration were distributed to the owners and tenants of all properties located within 500 feet of the subject site. Staff has been available to discuss the project with interested members of the public.

ENVIROMENTAL REVIEW

An Initial Study was prepared for this project and the Director of Planning circulated a Draft Mitigated Negative Declaration on November 7, 2001. The key issue addressed in the Negative Declaration was noise. A noise analysis prepared for the project identifies mitigation that has been incorporated into the project. No ordinance-size trees are proposed for removal on the project site. The developer proposes to remove some trees to allow for the development; however, a number of mature trees will be preserved and new trees will be planted as part of the development. The Negative Declaration concludes that the project will not result in a significant impact on the environment.

GENERAL PLAN CONFORMANCE

The subject site is designated Office on the San Jose 2020 General Plan Land Use/Transportation Diagram. The proposed project has been found to be in conformance with the General Plan based on Discretionary Alternate Use Policy, Two-Acre Rule, which allows parcels with non-residential designations to be developed under any residential category if the proposed use is compatible with the surrounding neighborhood and conforms to the Residential Design Guidelines. This project furthers all of the objectives of the Two-Acre Rule. The proposed infill project is located within an urbanized area where infrastructure and services exist, and the use of the Rule to allow residences at this location will facilitate a project compatible with the existing neighborhood (see analysis below). Further, the proposed project is in conformance with the General Plan Housing Strategy which promotes the development of “a wide variety of housing opportunities to meet the needs of all the economic segments of the community in neighborhoods which are stable and have adequate urban services… The strategy seeks to maximize housing opportunities on infill parcels already served by the City…” The strategy also provides flexibility in allowing housing development on sites not planned for residential use, specifically through Discretionary Alternate Use Policies such as the one discussed above.

As discussed below, the project is compatible with adjacent and neighboring land uses and is in substantial conformance with the City’s Residential Design Guidelines.

ANALYSIS

The primary issues discussed are (1) compatibility with surrounding uses, and (2) consistency with the Residential Design Guidelines.

Compatibility with Surrounding Uses

The proposed project, located on a primarily commercial block within a greater residential neighborhood, presents an opportunity to provide additional housing in an area well-served by pedestrian oriented commercial uses (including a grocery store), within walking distance of the Municipal Rose Garden park facilities and proximate to the West San Carlos Transit Oriented Development (TOD) Corridor. The scale and orientation of the proposed residential building is in keeping with that of the surrounding commercial buildings and the quality of the residential architecture will enhance the existing streetscape. The 24-hour nature of the proposed residential use should provide additional “eyes on the street”, while the visible front entrances and interior corridor access for the remaining units will maximize security for future residents. Based on this analysis, staff concludes that the proposed use and building design will be compatible with surrounding uses and an enhancement to the neighborhood.

Consistency with the Residential Design Guidelines

The key issues reviewed for compatibility with the RDG are setbacks, open space and parking requirements, and architecture.

Setbacks

The project proposes a 15-foot side setback from the two-story residential structure to the adjacent commercial uses to the south, which exceeds the minimum requirement established in the Residential Design Guidelines (RDG). A 5-foot setback is proposed between the parking area and the commercial use to the north in conformance with the Guidelines, while a 14-foot setback is provided between the building and surface parking lot to the west. The front of the building is set back 25 feet from the public right-of-way along North Bascom Avenue; however, the entries and terraces for two ground floor units extend into this setback area. The RDG allows the 35-foot perimeter setback for 2 story residential elements from major public streets to be reduced in more urban locations consistent with established or planned development patterns. While both commercial uses to the immediate north and south have a minimum setback of 25 feet from Bascom, other uses in along the avenue have varying setbacks. Staff believes the proposed setbacks to be appropriate.

Open Space and Parking

Private open space is provided in the form of terraces and balconies, which range between approximately 82 and 108 square feet in area. The proposed private open space exceeds the minimum RDG requirement of 60 square feet per unit. Common open space is limited to the side setback area along the site’s southern perimeter; the Conceptual Landscape Plan shows lawn and trees within this area.

Parking is provided at 1.5 spaces per one-bedroom unit and 1.8 spaces per two-bedroom unit as required by Title 20 of the Municipal Code. Thirty-two spaces are required and provided in a surface parking lot that is designed to conform to parking stall size and circulation requirements. The parking lot appearance is enhanced with perimeter landscaping and trees. Bicycle parking is also provided.

Architecture

The original submittal for the proposed development included elevations that were flat and lacked detail and articulation. The building also did not address North Bascom Avenue. The revised submittal shows a well-articulated Mediterranean-style building with entrances that face the street and provides a façade that is appropriately integrated into the surrounding streetscape. The building features terra cotta roof tiles, stucco finish, wrought iron fencing, wood trimmed windows, and wooden trellises. The roof is low- to medium-pitched, and decorative beams are visible from under the overhangs. Faux chimneys break up the expanse of roof and add visual interest to the roofline. The east elevation, which faces Bascom, features low arches, second story-arched windows with shutters, and two distinct entries. Staff will work with the applicant at the Planned Development Permit stage to ensure that the quality of the architecture and materials is maintained.

RECOMMENDATION

Planning staff recommends that the Planning Commission forward a recommendation to the City Council to approve the subject rezoning for the following reasons:

1. The project conforms to the General Plan Land Use/Transportation Diagram designation of Office based on the Discretionary Alternate Use Policy, Two-Acre Rule.

2. The project furthers the goals and objectives of the City’s in-fill housing strategy.

3. The project is compatible with existing uses on adjacent sites.

4. The project is consistent with the Residential Design Guidelines.