Department of Planning, Building and Code Enforcement 801 North First Street, Room 400 San José, California 95110-1795
GENERAL PLAN REPORT 2003 Summer Hearing

Hearing Date/Agenda Number:

P.C.: 7/28/03 Item:

File Number:

GP03-03-10

Council District and SNI Area:

3 – Delmas Park

Major Thoroughfares Map Number:

83

Assessor's Parcel Number(s):

Various

Project Manager: Patrice Shaffer

PROJECT DESCRIPTION:

General Plan amendment request to change the Land Use/Transportation Diagram designation from Residential

Support for the Core Area (25+ Dwelling Units per Acre (DU/AC)) to Medium Density Residential (8-16 DU/AC) on

15.58 acres, Neighborhood/Community Commercial on 1.16 acres, Public/Quasi-Public on 0.4 acre and

Floating Public Park/Open Space.

Location: Area approximately bounded by Interstate 280 to the

south, Columbia Avenue and West San Carlos Street to the north,

Bird Avenue to the west, and Delmas Avenue and State Route 87 to

the east.

Acreage: 17.14

Applicant/Owner:

Staff / Various

General Plan Land Use / Transportation Diagram Designation:

Existing Designation: Residential Support for the Core Area (25+ DU/AC)

Proposed Designation: Medium Density Residential (8-16 DU/AC) on 15.58 acres, Neighborhood /Community

Commercial on 1.16 acres, Public/Quasi-Public on 0.4, and Floating Public Park/Open Space.

EXISTING ZONING DISTRICT(S): LI Light Industrial and R-2 Two-Family Residence

Surrounding Land Uses and General Plan DESIGNATION(S):

North: Commercial, industrial, single-family residential and multi-family residential – General Commercial and Residential Support for the Core Area (25+ DU/AC)

South: Interstate 280, commercial, single-family and two-family residence, and an elementary school – Medium Low Density Residential (8 DU/AC)

East: State Route 87, Guadalupe River Park and Children’s Discovery Museum – Public/Quasi-Public

West: Commercial and industrial – Combined Industrial/Commercial and General Commercial

ENVIRONMENTAL REVIEW STATUS:

Negative Declaration was adopted on July 20, 2003

PLANNING STAFF RECOMMENDATION:

Medium Density Residential (8-16 DU/AC) on 15.58 acres, Neighborhood/Community Commercial on 1.16 acres, Public/Quasi-Public on 0.4 acre and Floating Public Park/Open Space.

Approved by:

Date:

PLANNING COMMISSION RECOMMENDATION:

CITY COUNCIL ACTION:

CITY DEPARTMENT AND PUBLIC AGENCY COMMENTS RECEIVED:

· Airport Department – The site is located within the projected Airport 60-65 CNEL noise impact area and within the Airport Land Use Commission (ALUC) referral area. Subsequent development proposals should be referred to the ALUC, address noise attenuation for residential structures, and dedicate appropriate aviation easements.

· Santa Clara Valley Water District – The site is located in Flood Zone AO, an area where the depth of flooding has been determined to be between one and three feet, and a portion in Flood Zone D, which is an area of undetermined, but possible inundation during the 100-year flood event. The District recommends that the first floor elevation for any buildings be a minimum of one foot above the depth of flooding. Future development will be required to conform to the requirements of the National Pollutant Discharge Elimination System (NPDES) to reduce impacts on storm water quality. A Storm Water Pollution Prevention Plan (SWPPP) will be required at the time of future development, in compliance with State regulations, to control the discharge of storm water pollutants.

· Department of Public Works – The site is located in Flood Zones AO1 and D and in the State Liquefaction Zone. Also, street dedication may be required along W. San Fernando Street.

· Fire Department – The site flow requirement may be as high as 4,500 GPM.

GENERAL CORRESPONDENCE:

· Letter received from the Emergency Housing Consortium dated June 25, 2003 (attached).

· Letter received from the Delmas Park Neighborhood Advisory Committee dated July 3, 2003 (attached).

ANALYSIS AND RECOMMENDATIONS:

PROJECT DESCRIPTION

This is a staff-initiated General Plan amendment to the San Jose 2020 General Plan Land Use/Transportation Diagram from Residential Support for the Core Area (25+ DU/AC) to Medium Density Residential (8-16 DU/AC) on 15.58 acres, Neighborhood/Community Commercial on 1.16 acres, Public/Quasi-Public on 0.4 acres and the addition of a Floating Public Park/Open Space designation within the amendment area (see Map 1). The site is approximately bounded by Interstate 280 to the south, Columbia Avenue and West San Carlos Street to the north, Bird Avenue to the west, and Delmas Avenue and State Route 87 to the east. The City is initiating the General Plan land use amendment in order to implement the Number 3 “Top Ten” priority action in the Strong Neighborhoods Initiative (SNI) Delmas Park Neighborhood Improvement Plan. The amendment is intended to reflect the existing character of the neighborhood and to allow some flexibility for redevelopment of sites currently occupied by non-residential uses.

The existing Residential Support for the Core Area (25+ DU/AC) land use designation is intended for high-density residential use in and near the Downtown Core area (see Map 2). This designation permits development with commercial uses on the first two floors, with residential uses on upper floors, as well as wholly residential projects. Development within this category is intended to expand the potential for high-density residential development in close proximity to central area jobs, and to create new consumer markets in the Downtown area.

The proposed Medium Density Residential (8-16 DU/AC) land use designation is generally typified by patio homes, townhomes and duplexes. In older San Jose neighborhoods, such as this one, the Medium Density Residential (8-16 DU/AC) designation is frequently applied to blocks which were originally single-family detached residential but have evolved over the years to a mixture of single-family and small, multi-family and duplex residences, many of them converted and/or expanded single-family structures (see Map 3). Since the Land Use/Transportation Diagram designates density rather than housing types, this designation would continue to allow a mixture of single-family, two-family and multi-family units, subject to overall density limits.

Neighborhood Community/Commercial is a land use designation typified by neighborhood serving retail and service establishments. The Public/Quasi-Public land use designation is used to designate public land uses; in this case it is an existing fire station. The Floating Public Park/Open Space is used in neighborhoods where a park is needed, but where either no specific site has yet been identified or where the details of the surrounding development have not been finalized. In these situations, the designation for the park is indicated by the letter ”P”. This “floating” designation is only intended to indicate a general area within which a park site will be located. The specific size, location and configuration of a park site in Delmas Park will only be finalized through acquisition of a particular site. No land has been acquired yet for a park.

BACKGROUND

Delmas Park SNI Area

The site is located in the Delmas Park SNI area, one of 20 San Jose neighborhoods committed to improving their community in partnership with the City, Redevelopment Agency and through public/private investment efforts. The Delmas Park area is generally bounded by West Santa Clara Street to the north, Los Gatos Creek and Bird Avenue to the west, Interstate 280 to the south, and State Route 87 to the east (see Map 4).

The Delmas Park Neighborhood Improvement Plan identifies a comprehensive strategy to improve the living environment for current and future residents. An identified goal of the Plan is neighborhood revitalization. One of the Plan’s "Top Ten" action items (item number 3) states that the General Plan Land Use/Transportation Diagram should be amended to represent the community's preferred land uses (as reflected in Map 1). In the Delmas Park area, there are substantial inconsistencies among existing uses, General Plan designations, zoning districts and community objectives for land uses. Currently, most of Delmas Park has a General Plan designation of Residential Support for the Core Area, a high-density designation that requires a minimum density of 25 units per acre and has no upper limit. Community objectives in the SNI Plan include long term protection of the existing “single-family” neighborhood pockets and redevelopment of the remainder of the area, including many industrial and auto repair properties, to new high and very high-density housing, neighborhood commercial and mixed uses.

A key neighborhood concern is preservation of existing single-family and low-density residential areas on both sides of West San Carlos Street. There are two distinct residential areas, one located north of Park Avenue and the other south of West San Carlos Street. The northern residential area is composed of single-family homes, single family to multi-family residential conversions, some industrial/commercial uses and the Parkside condominium development. A separate General Plan amendment (GP 03-03-09) has been initiated concurrently by the City to address the northern residential area.

This General Plan amendment addresses the southern residential area of the neighborhood that is comprised mainly of single-family homes. While most auto-related and industrial uses are located along West San Carlos Street, it is not unusual to find auto body shops interspersed with residential uses, especially in the southern portion of the neighborhood. The proposed amendment reflects the existing low-density blocks, commercial and public/quasi-public uses that are intended for preservation. The proposed amendment also includes a future public park/open space somewhere within the amendment area. There are no parks currently located within the Delmas Park area. A next step would be to rezone these properties to conform to their respective General Plan designations.

Past General Plan Amendment

In 1979 the City Council approved a General Plan amendment for the subject site from Combined Industrial/Commercial to Residential Support for the Core Area (25+ DU/AC). The primary intent of the City Council initiated amendment was to redevelop an area with excellent potential for high-density residential development to support and strengthen the Downtown Core Area. However, since the amendment in 1979, none of the subject area has been redeveloped as high density residential.

Site and Surrounding Uses

The subject area is approximately 17.14 acres in size and is surrounded by a variety of land uses including single- family residences, duplexes, multi-family residences, and some industrial and/or commercial uses. Industrial uses, such as auto body shops, are located along West San Carlos Street and are interspersed in the residential area along Gifford and Auzerais Avenues. An elementary school, residential, and commercial uses are located across Interstate 280 to the south, in the Greater Gardner SNI area. The Children’s Discovery Museum and Guadalupe River Park are located to the east of the subject area across State Route 87. Industrial and commercial uses are located to the west, and commercial, industrial, and mixed uses are located to the north. Existing uses on the subject site include a mixture of single family houses and duplexes, with a small number of multi-family residences. There are also several parcels with industrial and/or commercial uses including the aforementioned auto-body shops.

The General Plan land use designations surrounding the amendment site include General Commercial and Residential Support for the Core Area (25+ DU/AC) to the north, Public/Quasi-Public across State Route 87 to the east, Medium Low Density Residential (8 DU/AC) and Public/Quasi-Public across Interstate 280 to the south and Combined Industrial/Commercial to the west. West San Carlos Street is identified as an Arterial on the Land Use/Transportation Diagram; it connects the amendment area and the Downtown Core to the east.

The zoning in the amendment area is LI Light Industrial and R-2 Two-Family Residence; the area has been zoned as such since the 1930’s. Surrounding zoning is LI Light Industrial and A(PD) Planned Development to the north and R-2 Two-Family Residence to the south. The zoning designation to the west is primarily Light Industrial and General Commercial; much of the area to the east is zoned Light Industrial and R-2 Two-Family Residence. A residential and commercial rezoning for the 17.14-acre site following the adoption of the proposed amendment would reflect the General Plan designations and the existing character of the area, as well as provide appropriate development standards for new development. Any parcels legally developed as industrial and/or commercial would become legal nonconforming, and existing uses would be allowed to remain. The expansion or change of any legal nonconforming uses would be subject to the provisions of Title 20 of the Municipal Code.

ANALYSIS

Land Use Compatibility

The proposed change to the Land Use/Transportation Diagram from Residential Support for the Core (25+ DU/AC) to Medium Density Residential (8-16 DU/AC), Neighborhood/Community Commercial, and Public/Quasi-Public, as well as the addition of the Floating Park, is compatible with the surrounding land uses and consistent with the intent of the Delmas Park Neighborhood Improvement Plan approved by the City Council on April 16, 2002. Most of the existing uses in the amendment area already conform to the proposed designations, which would encourage preservation of the lower density residences and the neighborhood commercial uses. The proposed Floating Public Park/Open Space designation reflects the Plan’s stated need for a park in the amendment area.

Existing non-residential uses would remain, but any new development proposed in the subject area would have to conform to the General Plan designations and would require rezoning. It should also be noted that non-residential properties in the amendment area are not currently consistent with the General Plan (since 1979) and this amendment would have no effect on that condition.

While staff is supportive of the proposed amendment, there are some challenges. The Delmas Park Neighborhood Improvement Plan acknowledges opportunities for significant higher intensity development than currently exists along West San Carlos Street and Delmas Avenue consistent with the General Plan. Most likely, higher-density mixed residential and commercial uses would be located adjacent to single-family residences along West San Carlos Street. Higher-density residential could also potentially develop adjacent to single-family houses along Delmas Avenue. Neighborhood design compatibility and interface issues would need to be addressed at the time of future redevelopment. Any future redevelopment would require sensitivity to surrounding properties to ensure the protection of the “single-family” residential blocks, which are intended for preservation through this proposed General Plan Amendment and its associate (GP03-03-09).

Consistency with the General Plan

The proposed reduction in residential density on approximately 15.6 acres from Residential Support for the Core (25+ DU/AC) to Medium Density Residential (8–16 DU/AC) would result in a substantial loss of housing potential on these properties. The General Plan residential density methodology establishes projected densities for analytical purposes in Residential Support for the Core Area as 55 DU/AC and for Medium Density Residential as10.8 DU/AC. Using these factors, a potential loss of approximately 802 dwelling units could result from the proposed amendment. To put this figure in context, the residential holding capacity of the General Plan is presently approximately 48,000 dwelling units.

While a reduction in residential development capacity is proposed on the subject area, there are significant areas of future high density and mixed use development in close proximity. The Downtown Core Area directly east of the amendment site continues to see projects of this nature come to fruition. In the past 5 years, 1,968 dwelling units have been constructed. The Downtown Strategy Plan envisions 8,000 to 10,000 more units in the greater Downtown area. In addition, the Midtown Specific Plan and the Diridon Station Plan areas are located directly west of the amendment site. Plans for both of these areas envision a range of uses including high-density residential and mixed-use development in proximity to the Cahill/Diridon Multi-Modal transit station. Furthermore, approximately 20.5 acres in the Delmas Park SNI area, located between the two amendment areas, remain designated as Residential Support for the Core (25+ DU/AC) and General Commercial, providing opportunity for high-density residential and mixed-use development within the neighborhood. The Delmas Park Neighborhood Improvement Plan supports this opportunity and even allows for increased heights (see Exhibit A).

The proposed amendment is consistent with a number of Major Strategies, goals and policies in the San Jose 2020 General Plan including Urban Conservation/Preservation Major Strategy, Balanced Community, and Residential Land Use.

• Urban Conservation/Preservation, one of the Major Strategies of the General Plan, seeks to improve the existing quality of life and create a stable, mature community. The preservation of the low-density residential blocks, as an anchor around which the larger vacant and reuse sites are planned to transition to the higher density elements of the neighborhood, is consistent with this Strategy. The proposed amendment would support urban conservation by preserving an already existing and mature community while stabilizing the amendment blocks by minimizing the types and densities of uses. Most of the recent higher density residential development is concentrated along West San Carlos Street and Park Avenue.

• Downtown Revitalization is another one of the seven Major Strategies of the General Plan. This Strategy recognizes the significance of a vital Downtown to the City’s long-term economic and social well-being. General Plan goals and policies support the revitalization of the City’s core area, as well as the revitalization of neighborhoods surrounding the Downtown in order to counter years of deterioration and economic decline and ultimately strengthen the heart of San Jose. In the late1970s and early 1980s, the City used a broad-brush approach to increase density around the Downtown to support the revitalization effort by designating hundreds of acres as Residential Support for the Core (25+ DU/AC). This action did not take neighborhood preservation into account. While the higher density designation makes sense in many areas in close proximity to the Downtown, there is a need to balance higher intensity development with neighborhood preservation. This is the case in the Delmas Park SNI area. While reducing the unit potential in this area, the amendment would help promote a more stable neighborhood that is compatible with its surroundings, while still supporting increased densities in the immediate area.

• The major objective of the General Plan’s Housing Major Strategy is to provide a wide variety of housing opportunities to meet the needs of all the economic segments of the community. Thus, residential land uses and densities have been planned for appropriate locations throughout the City. While the Strategy seeks to maximize housing opportunities on infill parcels, it also promotes the preservation and expansion of the existing supply of affordable housing. According to the 2000 Census, approximately 82% of the housing units in the Delmas Park SNI area are renter-occupied. The proposed amendment would help preserve a large percentage of this rental housing stock.

• The General Plan’s Balanced Community goal states that a balanced and complete community should be developed in terms of land use distribution and densities, housing types and styles, economic development and job opportunities, and opportunities for social and cultural expression. The proposed General Plan amendment supports varied residential densities, housing types and styles in the Delmas Park area.

· Residential Land Use Policy #2 states that residential neighborhoods should be protected from the encroachment of incompatible activities or land uses which may have a negative impact on the residential living environment. This amendment promotes the protection of existing residential, commercial and public/quasi-public uses in the Delmas Park area. The proposed amendment would benefit the community by reinforcing the predominantly single-family and low-density residential character of the existing neighborhood.

· Residential Land Use Policy #9 states that when changes in residential densities are proposed, the City should consider a number of different factors including neighborhood character and identity, compatibility of land uses and impacts on livability, impacts on services and facilities, including schools to the extent permitted by law, accessibility to transit facilities, and impacts on traffic levels on both neighborhood streets and major thoroughfares. The proposed amendment would protect the existing neighborhood character and identity, and would not be incompatible with existing and/or proposed higher density residential and/or mixed-use development in the Delmas Park area.

• The General Plan Community and Neighborhood Identity Goals address the enhancement of community and neighborhood identities. Both goals also include policies that encourage the input of neighborhood groups to the decision-making process in City government. The Delmas Park SNI process enabled this community input. The Delmas Park Neighborhood Improvement Plan process began in February 2001 with the first Neighborhood Advisory Committee (NAC) meeting. The NAC is composed of community members who represent resident, property owner, business and institutional interests. After an approximately year long process, including 12 NAC meetings and two community planning workshops, the Delmas Park Plan was approved by the City Council in April 2002. The NAC process resulted in the vision and goals as documented in the Plan. The community envisions a neighborhood that will be “more pedestrian and transit-oriented, with community-focused commercial corridors, and well-lit, tree-lined streets. Existing residential areas will be protected and enhanced.” The community also supports sensitive infill development that will increase the diversity of the resident population and provide varied housing opportunities. During the planning process the Delmas Park Neighborhood Association was formed, demonstrating the community’s interest in creating identity and working together.

Environmental Issues

The amendment area is currently developed but should redevelopment occur then the following environmental issues must be addressed.

• Sun/Shade – Because of the lower density proposed, and corresponding lower building heights, new development is not apt to raise sun/shade issues. But, if it does, those issues would be mitigated through a number of design and land use General Plan policies.

• Hazardous Waste and Materials – Five parcels within the amendment site are listed on the California Environmental Protection Agency Hazardous Waste and Substances List (1998). Future redevelopment of any of these parcels will be required to conform to the applicable soils and geologic policies of the General Plan as well as applicable sections of the Municipal Code.

• Liquefaction – The site is located in a State Liquefaction Zone. Future development on the site will be required to conform to General Plan hazards, earthquake, soils and geologic policies.

• Flood Zone – A portion of the site is located in Zone AO, with a determined depth of flooding between one and three feet. In addition, a portion of the site is located in Zone D, an area of undetermined but possible inundation during a 100-year flood event. General Plan flood policies and Municipal Code sections would apply to any new development.

• Land Use Interface – Another issue is the appropriate interface between high-density and low-density residential development, which would be addressed through urban design and residential land use policies in the General Plan.

• Noise – The project site is located near State Route 87, the future Vasona Corridor light rail line, and the San Jose International Airport. Future development could be exposed to noise in excess of General Plan noise guidelines. Development on the site would be required to conform to the applicable San Jose 2020 General Plan noise and transportation policies.

Public Outreach

Public outreach for this amendment has been unusually intensive and varied. The property owners and occupants within a 1000-foot radius were sent a newsletter regarding the General Plan community meeting that was held on June 24, 2003. They also received a notice of the public hearings to be held on the subject amendment before the Planning Commission on July 28 and City Council on August 19, 2003. In addition, the Department's web-site contains information regarding the General Plan process, amendments, staff reports, and hearing schedule. This site is used by the community to keep informed of the status of the amendments.

SNI Outreach

The proposed amendment was discussed with the Delmas Park Neighborhood Advisory Committee (NAC) and other community members at their regular monthly meetings on March 4 and May 5, 2003. A meeting for property owners within the amendment area was held on March 27, 2003. An additional community meeting was held on April 30, 2003 for property owners and occupants within a 1000-foot radius of the amendment site.

During the community meetings, community stakeholders expressed concern with the following issues:

• The change in land use designation would adversely affect their property values.
• There may be design interface issues between low-rise residential development within the amendment area and planned adjacent high-density residential/mixed-use development.
• A few community members (SNI participants) determined the future of the neighborhood without other stakeholder input.
• There was some confusion as to whether the City was actually proposing to purchase property instead of changing the General Plan land use designation.
• There was a concern regarding the effect of this General Plan amendment on the existing Light Industrial zoning district and whether some businesses might be forced out of the neighborhood.
• There were also questions regarding the potential widening of Auzerais Avenue and the possible effects of the General Plan amendments on any historic houses in the area.

Planning staff addressed all of the aforementioned issues in an information sheet that was distributed at the April 30, 2003 community meeting (see Exhibit B). The Delmas Park NAC is in full support of the proposed amendment, as stated in the attached letter.

Community Correspondence

Staff has received one letter to date in opposition to the proposed amendment. Mr. Poncho Guevara, Director of Housing and Government Affairs for the Emergency Housing Consortium (EHC), submitted a letter on behalf of the non-profit organization. EHC opposes this amendment because it “reduces allowable densities below what currently exists, it will reduce the property values, and it violates the core tenets of good planning and San Jose’s General Plan” (see attached letter). EHC owns three parcels, two single-family detached residences and a duplex, within the amendment area. These residences are used for transitional housing.

EHC is concerned that the proposed Medium Density Residential (8-16 DU/AC) designation for its parcels is lower than the existing development on the property. While the letter talks of density and refers to an existing eight units among all of the parcels, it is important to keep in mind that there are technically two single-family houses and a duplex on the EHC properties, for a total of four units. Staff assumes that these properties are operated as single housekeeping units and they would fall well toward the lower end of the density range proposed. Should EHC in the future wish to convert or rebuild its current residences to higher density, EHC should be aware that the General Plan does contain policies that allow for alternative uses or higher densities in certain circumstances, including those that foster and encourage the implementation of the General Plan goals and policies for affordable housing.

The second concern identified in EHC’s letter is related to a perceived significant reduction of property values as a result of lower-density residential potential in the amendment area. While unimproved high-density residential land in the amendment area is currently being assessed slightly higher than unimproved medium density residential or non-residential land, these property values are primarily determined by location. Factors that contribute to land value include quality of the location, convenience to shopping, availability of services, and the absence of noise, smell or incompatible land uses. On a square foot basis, developed single-family residential properties typically sell for as much or more than unimproved multi-family residential land.

Finally, EHC states that the proposed amendment violates the General Plan goals and policies as they relate to intensification along transit corridors and in the vicinity of light rail and BART stations. This amendment does not propose to reduce the high-density and General Commercial designations along West San Carlos Street, Bird, Park and Delmas Avenues. This amendment also would not affect the density of the northern-most portion of the neighborhood (along Santa Clara Street), which is proposed for higher intensity mixed use development in support of the Diridon Multi-Modal Station. Rather, staff is initiating this amendment to implement one of the Delmas Park Neighborhood Improvement Plan’s priority action items which seeks to strike a balance between preserving the existing character of the “single-family” residential blocks and promoting higher intensity residential and mixed use development in the remainder of the Delmas Park area. The Delmas Park community supports significant density and height in much of Delmas Park (i.e., both sides of West San Carlos Street) provided that it is sensitive to adjacent lower-density conditions.

While the General Plan designates areas within close proximity to existing and planned transit facilities as being generally suitable for higher residential densities, mixed uses, and more intensive non-residential uses, other goals and policies within the General Plan support preservation of existing neighborhoods. As discussed in the Analysis section above, the proposed amendment is consistent with a number of Major Strategies, goals and objectives in the San Jose 2020 General Plan including Urban Conservation/ Preservation, Balanced Community, and Residential Land Use.

COORDINATION

Staff has coordinated the proposed General Plan amendment with the San Jose Redevelopment Agency (RDA) and the Department of Parks, Recreation and Neighborhood Services (PRNS) in addition to other City departments. RDA and PRNS are the team leaders for the second phase of the SNI process, and are responsible for oversight and coordination of action item implementation. This amendment would implement “Top Ten” priority action item number 3 of the Delmas Park Neighborhood Improvement Plan.

RECOMMENDATION

Planning staff recommends that the Land Use/Transportation Diagram be amended to reflect Medium Density Residential (8-16 DU/AC) on 15.58 acres, Neighborhood /Community Commercial on 1.16 acres, Public/Quasi-Public on 0.4 acre and Floating Public Park/Open Space.

Attachment