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

C.C. 09-02-03

Item #: 

 

 

File Number

C03-039

 

STAFF REPORT

Application Type

Conforming Rezoning

 

 

Council District                           SNI

3                                      Spartan/Keyes

 

 

Planning Area

Central

 

 

Assessor's Parcel Number(s)

472-17-011

 

PROJECT DESCRIPTION

Completed by:  Lee Butler

 

Location:  East side of South 1st Street approximately 150 feet northerly of Virginia Street (780 S. 1st St.)

 

Gross Acreage:  0.1

Net Acreage:  0.1

Net Density:  N/A

 

Existing Zoning: LI Light Industrial

Existing Use:  Printing Shop

 

Proposed Zoning:  CP Commercial Pedestrian

Proposed Use:  Privately Operated Cultural Museum/Community Center

 

GENERAL PLAN

Completed by:  FLB

 

Land Use/Transportation Diagram Designation

General Commercial

Project Conformance:

[] Yes      [] No

[] See Analysis and Recommendations

 

SURROUNDING LAND USES AND ZONING

Completed by:  FLB

 

North:  Auto Related Industrial

CN Commercial Neighborhood

 

East:     Duplex

CN Commercial Neighborhood

 

South:   Vacant Lot

LI Light Industrial

 

West:   Retail Vehicle Sales                                                                                Office and Multi-family attached residential

LI Light Industrial (Proposed Rezoning C03-041 to be heard 9/2)

 

ENVIRONMENTAL STATUS

Completed by:  FLB

 

[] Environmental Impact Report found complete (GP 2020 EIR certified 8/16/1994, Resolution # 65459).

[] Negative Declaration circulated on       

[] Negative Declaration adopted on      

[] Exempt

[] Environmental Review Incomplete

 

FILE HISTORY

Completed by:  FLB

 

Annexation Title:  Original City

Date:  March 27, 1850

 

PLANNING DEPARTMENT RECOMMENDATIONS AND ACTION

 

[] Approval

[] Approval with Conditions

[] Denial

[] Uphold Director’s Decision

Date:       

Approved by:  ____________________________

[] Action

[] Recommendation

 

APPLICANT/OWNER

 

 

 

Huong Nguyen

10162 Judy Avenue

Cupertino, CA 95014

 

 

 

PUBLIC AGENCY COMMENTS RECEIVED

Completed by:  FLB

 

 

Department of Public Works

See attached memorandum.

 

 

 

Other Departments and Agencies

 

See attached memorandum from the Strong Neighborhoods Initiative division.

 

 

GENERAL CORRESPONDENCE

 

 

 

 

None received.

 

 

 

ANALYSIS AND RECOMMENDATIONS

 

 

 

 

BACKGROUND

 

The applicant is requesting to rezone the subject 0.1 gross-acre site located on the east side of South 1st Street approximately 150 feet northerly of Virginia Street (780 S. 1st St.) from the LI Light Industrial Zoning District to the CP Commercial Pedestrian Zoning District to allow commercial uses.  One parcel is involved in the proposed rezoning. 

 

The previous use of the property, a printing shop, has vacated the existing structure.  The applicant intends to open a privately operated Vietnamese cultural museum/community center at the subject property.  The applicant has indicated no plans to expand or alter the exterior of the existing building. 

 

The parcel is rectangular in shape and has approximately 35 linear feet of frontage on the east side of South First Street. The level site is surrounded by an auto related industrial use to the north, by retail vehicle sales to the west, by a vacant parcel to the south, and by a duplex to the east.

 

ENVIRONMENTAL REVIEW

 

The environmental impacts of this project were addressed by a Final EIR entitled, “San José 2020 General Plan EIR,” which was certified on August 16, 1994, by the City of San José City Council, Resolution Number 65459.  There will be no direct physical impacts to the environment as a result of this rezoning.

 

GENERAL PLAN CONFORMANCE

 

The San Jose 2020 General Plan Land Use/Transportation Diagram designation for the subject parcel is General Commercial.  The proposed CP Commercial Pedestrian Zoning District is consistent with this designation.

 

 

ANALYSIS

 

The proposed rezoning to the CP Commercial Pedestrian Zoning District will remove the existing industrial zoning and bring the site into conformance with the General Plan Land Use/Transportation Diagram designation and facilitate the implementation of uses on the site that are consistent with the San Jose 2020 General Plan Land Use/Transportation Diagram designation of General Commercial.  By promoting the location of neighborhood serving businesses at the site, this rezoning will also further the Strong Neighborhoods Initiative (SNI) Spartan-Keyes Neighborhood Improvement Plan (approved by the Council on June 18, 2002) and the Martha Gardens Specific Plan (set to be heard by Council during the Fall 2003 General Plan hearings).  The applicant initially proposed a rezoning to the CN Commercial Neighborhood Zoning District, but they modified their request to CP Commercial Pedestrian for consistency with the SNI plans. 

 

The existing structure at the site conforms to the setbacks and height restrictions of the proposed CP Commercial Pedestrian Zoning District.  The proposed use of the structure and property as a privately operated Vietnamese cultural museum/community center will require approval of a Conditional Use Permit (CUP) for the change in use.  Any proposed façade or site changes could be incorporated into the same CUP that would authorize the use conversion.  The CUP will be subject to its own environmental review and public hearing process after the City Council’s consideration of the proposed rezoning. 

 

PUBLIC OUTREACH

 

A notice of the public hearing was distributed to the owners and tenants of all properties located within 500 feet of the project site.  Staff has been available to discuss the proposal with members of the public.

 

RECOMMENDATION

 

Planning staff recommends approval of the proposed zoning for the following reasons:

 

1.The proposed rezoning is in conformance with the General Plan Land Use/Transportation Diagram designation of General Commercial.

 

2.The proposed rezoning will facilitate commercial use and development of this site that is compatible with the surrounding uses.

 

 

Attachments