To: HONORABLE MAYOR AND From: Stephen Haase[PL1]
CITY COUNCIL
Subject: SEE BELOW Date: September 12, 2003
COUNCIL
DISTRICT: 3
SNI: Washington
SUBJECT: PDC02-072. PLANNED DEVELOMENT REZONING LOCATED ON THE NORTHWESTERN CORNER OF LICK AVENUE AND WEST ALMA AVENUE.
RECOMMENDATION
The Planning Commission voted 7-0-0 to recommend that the City Council approve the subject rezoning as proposed by the applicant with the following additional recommendations:
1. A park should be developed in tandem with the subject proposal.
2. The Santa Clara Valley Transportation property located immediately to the north of the subject site should develop with a combination of housing, retail and open space in order to create an appropriate transit oriented node.
BACKGROUND
On September 10, 2003 the Planning Commission held public hearings to consider a Protest of the Mitigated Negative Declaration and a Planned Development rezoning from LI Light Industrial to A(PD) Planned Development for a residential development with a maximum of 260 single-family attached dwelling units on 3.18 gross acre site.
Protest of the Negative Declaration
Chair James opened the public hearing regarding the protest of the Mitigated Negative Declaration (MND). Planning staff gave a brief staff presentation, stating that additional correspondence received since the preparation of the original staff report included letters from Ed Rast, dated September 5, 2003 with attachments; Lawrence Ames, dated September 8, 2003 with attachments; Santa Clara County Collaborative on Affordable Housing and Homeless Issues, dated August 21, 2003; Ron Johnson of the Affordable Housing Network of Santa Clara County, dated September 9, 2003; Berryessa Citizens Advisory Council, dated September 10, 2003; and a preliminary peer review of the Historic Evaluation of Alma Bowl by Franklin Maggi, dated September 9, 2003.
Staff
stated that the proposal is subject to the California Environmental Quality Act
and an Initial Study with supporting technical reports was prepared. A Draft Mitigated Negative Declaration was
circulated for public review based on the evidence and facts in the Initial
Study. The Mitigated Negative Declaration
was protested, a staff report was prepared in response to the protest letters
and some additional technical work was prepared. Staff concluded the proposal would not result in a significant
impact as defined by CEQA, and an Environmental Impact Report was not
warranted. Staff recommended that the
Planning Commission uphold the Director’s decision to adopt the MND.
Protests of the Draft MND were filed by the Preservation Action Council of San Jose (PAC SJ), and the Willow Glen and North Willow Glen Neighborhood Associations, respectively.
Pat Curia of PAC SJ stated that the June, 2003 and August 22, 2003 Historic Evaluations by Archaeological Resource Management remain incomplete. She stated that the reports were reviewed at the Historic Landmarks Commission hearing on September 3, 2003 and at that time, PAC SJ stated that it would fund a peer review of the reports. She indicated that a preliminary peer review by Franklin Maggi, dated September 9, 2003, found that a member of the Donner Party owned the property at one time in the late 1800’s and that the existing building has architectural value. She recommended the project be deferred until the Historic Landmark Commission has had an opportunity to review the peer review report at their October 2003 meeting.
Three people spoke on behalf of the protest submitted by the Willow Glen and North Willow Glen Neighborhood Association. Issues raised included inappropriate height and inadequate traffic analysis, including the lack of any study of the couplet conversion of Vine and Almaden or cut through traffic.
A number of people spoke in support of the Mitigated Negative Declaration and stated that the Initial Study was thorough and in conformance with CEQA. Concern was raised regarding the use of the CEQA process to delay a project. A speaker indicated that the CEQA legislation’s intent was to disclose information and that an Environmental Impact Report would not serve to disclose any additional information.
Staff stated that the threshold of significance for land use impacts recommended by the CEQA Guidelines [Appendix G, IX.(b)], and used in this Initial Study is “Conflict with any applicable land use plan, policy or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect”. The City’s adopted General Plan identifies 50 feet as the allowed building height throughout the City, except where taller buildings are specifically allowed. Buildings taller than 50 feet are, however, allowed in a number of areas other than the Downtown Core Area. Buildings up to 120 feet are permitted in Transit Areas. Transit Areas are defined as properties within reasonable walking distance (approximately 2,000 feet) of any passenger rail station.
Staff stated that the City’s adopted General Plan identifies the project site as suitable for buildings up to 120 feet in height, taking into consideration the existing and planned uses, and the site’s proximity to major transportation facilities. Planned residential densities in the area range from Medium Density Residential (8-16 DU/AC) to Transit Corridor Residential (25-150 DU/AC). The project proposes to locate 45-foot tall townhouse buildings along the Lick Avenue frontage in order to accomplish a transition to the nearest existing residential buildings to the east.
Staff indicated that the proposed project is consistent with the adopted General Plan polices for the site and the area and would therefore not have a significant impact on the environment as a result of inconsistency with policies related to building height.
Staff stated that a traffic report was prepared and circulated with the June 2003 Initial Study which assessed traffic on Vine and Almaden with both their current configuration and with the possible one-way couplet conversion alternative. The analysis found that the project would not result in any significant traffic impacts with either configuration. Additionally, staff clarified that project-generated traffic destined for southbound State Route 87, to access jobs or other destinations such as Edenvale and Coyote Valley, was assumed to travel south on Almaden Expressway and streets south of the site, and use the Curtner Avenue interchange.
The applicant’s environmental consultant, Michelle Yesney of David Powers and Associates, stated that the purpose of an Initial Study for a project is to compare the possible impacts of a proposed project to existing conditions. She stated that the future jobs in Coyote/Almaden do not currently exist, but were evaluated at the request of the community because the issue was raised. This additional analysis was not required by CEQA. She further indicated that it is difficult to predict levels of potential cut-through traffic. Cut-though traffic is typical where intersections are congested and operating below the City’s level of service thresholds. The intersections studied are operating at acceptable levels of service and would generally not be likely to result in cut-through traffic.
Commissioner Zito questioned how the 120-foot buildings would blend in with the community, and was concerned about the historic significance of a member of the Donner party’s ownership of the property, and possible on-site stacking problems on the project driveway.
Staff stated that the 120-foot buildings were buffered by the proposed 45-foot townhomes along the Lick Avenue frontage. Staff explained that the proposal incorporates these townhomes to function as a transition between the two-story residential buildings on the eastern side of Lick Avenue and the 120-foot towers. The bulk of the height is placed adjacent to the rail line and SR 87 on the western edge of the site, away from existing residential uses. Staff clarified that the fact that a prior member of the Donner party owned the property in the late 1800s does not bear on the historic significance of the bowling alley, which was not constructed on the site until 1960. Staff indicated that the City is primarily concerned with reducing the effects of on-street stacking and possible blocking of the public right-of-way. Queuing on Lick Avenue was evaluated and Public Works staff concurs that the 200 feet between the project driveway and Alma Avenue provides adequate queuing space.
Commissioner Levy questioned the threshold of significance for shading and shadows and noted that a number of diagrams in the Initial Study are devoted to the shadow analysis. Staff clarified that the City does not have adopted thresholds of significance for shade and shadows outside the downtown area. Staff stated that full disclosure of the shadows, which the Initial Study concluded were non-significant, is sufficient to meet the requirements of CEQA regarding this issue.
The Planning Commission then closed the public hearing and voted 7-0-0 to uphold the Mitigated Negative Declaration.
Planned Development Rezoning
The Commission then opened the public hearing on the Planned Development Rezoning.
Staff stated that the proposed high-density residential project conforms to the City’s General Plan, Tamien Station Area Specific Plan, and Residential Design Guidelines and is supportive of other agency policy documents such as VTA’s Best Practices for Integrating Transportation and Land Use. The subject site is less than a five-minute walk from the Tamien Station multi-modal transit station which offers light rail, heavy rail, a bike path, and numerous bus transportation options, and is only four blocks from the Willow Street NBD, the closest commercial area. Staff indicated that the proposed project will add people and activity to the existing Tamien neighborhood by developing an underutilized, unsightly, 3.18 acre parcel of land which is served by existing City infrastructure.
Staff indicated that the General Plan (GP) includes a series of goals and policies including promotion of infill high-density development within the existing City limits. The subject site is located within the Urban Growth Boundary (UGB) which establishes the maximum extension of urban development and urban services and essentially contains development within the existing built-up urban and suburban areas of the City. The GP encourages development within the UGB because it ensures efficient use of land, makes use of existing expensive infrastructure, including light and heavy rail lines, water and sewage facilities and the existing road system. The proposal would also reduce pressure to build more housing at the fringe of the City, in the Urban Reserves and natural hazard areas. Additionally, the Sustainable City Major Strategy of the General Plan emphasizes the strategic location of development to shorten trip lengths and increase the availability and convenience of transit, biking and walking in order to conserve energy and improve water and air quality. The promotion of a diversified supply of housing for future and existing residents is also strongly encouraged in the General Plan. The subject proposal is consistent with these integral General Plan policies which direct the location of growth and development within the City.
Staff stated that the subject site is also located in the Transit Core Subarea of the Tamien Station Area Specific Plan and identified as a major opportunity for high-density residential development. The subject proposal is consistent with the Specific Plan’s goals of creating a vibrant, revitalized pedestrian neighborhood and conforms to the land use designations, including recent amendments. The Specific Plan was adopted in 1995. The Plan states that modifications to the Plan may be necessary from time to time to reflect changing conditions or to update existing City goals and policies and directs that amendments occur through the City’s General Plan Review process. The site was subject to such amendments 1) to increase the height from 65 feet to 120 feet, in keeping with the City’s policy to increase heights to 120 feet on sites within 2,000 feet of light rail stations and, 2) to change the land use designation from Mixed Use to Transit Corridor Residential allowing up to 150 DU/AC. The City Council approved these amendments unanimously in 2001 and 2003, respectively.
Staff stated that building design is a critical issue for the subject proposal. The 120-foot towers will create a landmark gateway to the Tamien Station area, and given the prominent height and location of buildings, the architecture of all the buildings should be of a superior design and quality.
The applicant’s representative, Erik Schoennauer, stated that population in the City of San Jose is expected to increase by 282,000 in the next 17 years and that 95% of this growth is projected to result from births within the City. He indicated that an affordable, diverse housing stock is necessary to accommodate the children of current residents. He stated that 20% of the 242 units are required to meet the city’s affordability requirements and that 62% of the site is proposed as open space for residents. Mr. Schoennauer also highlighted that the pedestrian access is accommodated at all four corners of the proposal and the towers are set back 100 feet from Lick Avenue and are consistent with City policy. He indicated that the project will eliminate blight and increase the affordable housing stock, increase transit ridership and add new customers to support the Willow Street NBD. He also cited the 1990 Willow Street NBD Revitalization Strategy which recommended increasing the housing supply in the area which would contribute to the population of the Willow Street Trade Area and benefit local businesses.
Well over fifty people spoke at the public hearing. Support and opposition to the project was more or less evenly split.
Comments raised in support of the project included many arguments in support of smart growth and the need for high density housing in strategic transit oriented locations. Many supporters expressed that this site was well suited for high-density development because of the multi-modal station, bike trail and proximity to the Willow Street Neighborhood Business District (NBD). Supporters felt the lack of a retail component in the project was not detrimental and would in fact serve to increase the customer base for the struggling Willow Street NBD and may serve to increase the variety of retail services offered on Willow Street. A comment was raised that the Lincoln Avenue NBD would also benefit from more residents and customers in the area and that more commercial space was not warranted. The fact that this project will contribute park fees was raised as a positive point, but the community expressed the strong desire for a park to be constructed in tandem with the development. Other speakers supporting the project emphasized the need to expand the diversity of housing stock in San Jose, the logic of placing high density housing adjacent to a multi-modal transit station, and the need to increase density to slow sprawl at the City fringes and to support the taxpayer’s investment in light rail and the SR 87 Transportation Corridor.
Concerns raised in opposition to the project included density, lack of opportunity for public comment, traffic congestion, lack of parkland in the area, the potential for new residential development prior to construction of a park, lack of compatibility with the surrounding neighborhood, height, impacts on schools, and lack of a retail mixed-use component in the project. Opponents stated that it was not reasonable to expect residents to shop at the Willow Street NBD and that retail is a vital use that is missing from the project. Representatives of a coalition of seven neighborhoods stated their opposition to the project and that their top three issues with the project were lack of mixed use, traffic impacts, and the lack of parks that accompanied previous development proposals. The quality of the design was critiqued and the proposal was described as a fortress with drawbridge and troop parade grounds. Opponents also stated that buildings of this height belong downtown and that 4-6 story buildings would be more appropriate for this site. Additionally, skepticism was raised as to whether residents would use public transit regardless of the project’s location adjacent to a multi-modal transit station.
Commissioner James queried whether a direct connection from Alma Avenue to the SR 87 bike trail was possible. Staff responded that the grade change between Alma Avenue and the trail would make a connection extremely difficult, in addition to the crossing of active rail lines. An access point to the trail is located at Tamien Station, less than a one minute bike ride from the site. Additionally, staff directed the Commission to note the August 14, 2003 memo from VTA with attached statistics that show ridership is documented higher in neighborhoods with transit stations.
Commissioner Zito acknowledged that some community members felt the project development had proceeded in “stealth” mode and the previous amendments to the Specific Plan allowing increased height and densities not adequately publicized for the community to be involved. Staff stated that the prior General Plan amendments included community meetings and notification of residents within 1,000 feet of the property. Mr. Schoennauer specified that approximately 14 community meetings had been held over the past two years regarding the proposal and that the ongoing dialogue with the community began at the General Plan amendment stage.
Commissioner Levy also sympathized with the community and stated he hoped to improve the process of community input at the General Plan and Specific Plan amendment stages. He also questioned how the proposed tandem parking would work and wondered if other alternatives, such at parking space elevators were examined.
Mr. Schoennauer, on behalf of the applicant, responded that they had examined the options of parking elevators, but determined that the market wouldn’t bear elevators at this time, and that tandem parking is well received in the South Bay market area. He indicated that tandem spaces would be assigned in pairs to individual units, and that guest parking would be located in the surface lot between the townhomes and the towers.
Commissioner Levy noted that the fees collected under the Parkland Dedication Ordinance cover approximately half the costs of acquiring parkland and developing a park. He recommended the developer pay the entire costs for the acquisition and development of a park in the area.
Mr. Schoennauer stated his client was willing to meet the park obligation in any manner, including purchasing and developing a small park with the fees owed by this project pursuant to the Parkland Dedication Ordinance.
Commissioner Zito noted that the VTA recommends higher bicycle and motorcycle standards than the City’s recommended standards and stated that the City should incorporate the VTA standards in this project to encourage bike and motorcycle transportation options. Additionally, Commissioner Zito recommended that cross walks on Lick Avenue be required in order to allow children to safely cross the street to access the school bus pick-up and drop-off area in the VTA park and ride lot.
Commissioner Platten highlighted the fact that San Jose has limited experience in fighting fires in high rise residential projects, which must incorporate new aspects of fire safety. He noted that high rise response times are superior in San Jose compared to other jurisdictions and that the new high rise buildings have sprinkler systems and meet National Fire Protection Agency response times.
Staff stated that fire trucks would not need to enter the project site by driving onto the podium. Fires would be fought from the perimeter of the site, namely Alma Avenue, Lick Avenue and the adjacent VTA property.
Chair James then closed the public hearing.
Commissioner Campos stated he concurs with staff’s assessment that the towers will create neighborhood landmarks and concurred that the architectural quality of the buildings should be superior.
Commissioner Zito explained that he could understand why the mixed-use component of the project was eliminated and that he hoped the Willow Street NBD will benefit from additional customers. He also stated that any future new commercial should be focused as close to the station as possible and that retail uses should be oriented towards transit rider’s needs. He recommended that a park be constructed in tandem with the project, and indicated that he could empathize with the neighborhoods’ frustration with the lack of parks in the area, despite ongoing new residential development. He stated that it was important to soften the fortress perception of the project, and indicated the project should strive to be well-integrated with the existing neighborhood.
Commissioner Platten thanked the citizens for expressing their views, both in support and opposition to the project. He stated that it was the Commission’s responsibility to determine whether the project is consistent with the General Plan and Specific Plan and noted that both the height and the land use General Plan amendments for the site were approved unanimously by both the Planning Commission and the City Council. He indicated that the high-density residential is appropriate for the site and would serve to revitalize the adjacent commercial areas and would provide a diversity of home-ownership options in the neighborhood. He acknowledged that the proposal is a bold step that is not initially welcomed by all involved, but that the project comports with the vision of the City as presented in the General Plan.
Commissioner Zamora stated he supports the project and recognizes that the Willow Street NBD needs help in the way of additional local customers. He said it made sense to remove the retail requirement on this site due to the proximity of other struggling retail areas. He made the point that the project needs to be of high quality and represents the beginnings of improvement in the area. He recognized that the project would contribute funds to acquire and build a park in the immediate area. He also said that placing high rises near rail stations follows City policy and that increased traffic congestion is “part and parcel” of a growing, urbanizing city. He also said that it was important for a variety of affordable housing unit types to be provided to citizens of the City.
Commissioner Levy thanked the citizens for participating and for staying into the wee hours of the morning. He said it was important to look at the concept of a transit village in the wider context of the area. He noted that it was vital the VTA property be developed with high-density housing, a park and retail. He also hoped the proposal would aid the Willow Street NBD.
Commissioner Dhillon admitted to struggling with the proposal all evening and that he originally thought redesigning the project would be a good idea; however, he was moved by the testimony that the existing NBDs on both Willow Street and Lincoln Avenue are struggling and need more customers. He recognized that the high-density, single-use residential project would aid existing commercial areas. He also stated he felt that he felt there were sufficient community meetings and ample opportunity for public comment and that a redesign was not necessary.
PUBLIC OUTREACH
Several community meetings for the General Plan Amendments and master plan process were held during the past year. Meetings related specifically to the rezoning, which were attended by staff, were held on June 24, 2003 at the Tamien Station Day Care Center and on July 17, 2003 at Galarza Elementary School. The second meeting was organized and hosted by local neighborhood associations, and the project proponent made a presentation.
Attendees at both meetings expressed concern regarding traffic impacts associated with this and other multi-family residential projects planned for the area, shade and shadow impacts created by the proposed 120 foot structures, incompatibility of the 120 foot buildings with the existing neighborhood, and lack of on-site supporting commercial uses for the new residents and the existing community.
Neighborhood residents requested that the height of the buildings be reduced and that the opportunity for commercial uses be reintroduced to the project as originally envisioned in the Tamien Station Area Specific Plan. Members of the community indicated that the density range was not their chief concern, but that a reduction in the building height was paramount. Community members felt the 120-foot buildings would not integrate well with the existing one-, two- and three-story neighborhood and expressed that the same density could be achieved with lower buildings.
Residents of the Washington neighborhood, within which the subject project is located, expressed that the proposed development, as with any new development in the neighborhood, represented an opportunity to obtain public amenities that the Washington neighborhood lacks, such as public parks and traffic calming measures.
In addition to the community meetings specifically focused on the project attended by staff, the applicant and representatives of the Council District 3 office also met to discuss the project with individual neighborhood associations and other community groups.
The Initial Study and Mitigated Negative Declaration have provided opportunity for public comment. The circulation period for the draft Mitigated Negative Declaration was increased from the statutory requirement of 20 days, to 30 days to allow additional time for public review. Notices of availability of the Mitigated Negative Declaration were mailed to property owners within 1000 feet of the subject site and were available for review at the Biblioteca and Willow Glen branch libraries. Additionally, copies of the Mitigated Negative Declaration and Initial Study were posted on the City’s web site.
Notices of the public hearings before the Planning Commission and City Council were published and distributed to the owners of all properties located within 1,000 feet of the project site and to the Willow Glen and North Willow Glen Neighborhood Associations. Staff has met members of the public to discuss the project.
COORDINATION
This project was coordinated with the Department of Public Works, Fire Department, Police Department, Environmental Services Department, and the City Attorney.
STEPHEN HAASE, AICP
Secretary, Planning Commission