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. 09-30-03 Item #
						File Number PDC03-043
	STAFF REPORT					Application Type Planned Development Conforming Rezoning
						Council District 4
						Planning Area North San Jose
						Assessor's Parcel Number(s) 097-07-003
	PROJECT DESCRIPTION					Completed by: Elena Lee
	Location: The west side of Zanker Road, approximately 600 feet southerly of Tasman Drive.
	Gross Acreage: 61.9	Net Acreage: 61.9				Net Density: 45 DU/AC
	Existing Zoning: A(PD) Planned Development		Existing Use: Vacant and Multi-family Residential
	Proposed Zoning: A(PD) Planned Development	Proposed Use: Multi-family residential (45-95 DU/AC)
	GENERAL PLAN					Completed by: EL
	Land Use/Transportation Diagram Designation Transit Corridor Residential (20+ DU/AC)					Project Conformance: [ X ] Yes [ ] No [ ] See Analysis and Recommendations
	SURROUNDING LAND USES AND ZONING					Completed by: EL
	North: Office				IP Industrial Park
	East: Office				IP Industrial Park
	South: Agricultural uses				A(PD) Planned Development
	West: Office				IP Industrial Park
	ENVIRONMENTAL STATUS					Completed by: EL
	[ x ] Environmental Impact Report found complete on 12/9/98 [ ] Negative Declaration circulated on [ ] Negative Declaration adopted on					[ ] Exempt [ ] Environmental Review Incomplete
	FILE HISTORY					Completed by: EL
	Annexation Title: Orchard No. 85					Date: February 1, 1979
	PLANNING DEPARTMENT RECOMMENDATIONS AND ACTION
	[ x ] Approval [ ] Approval with Conditions [ ] Denial [ ] Uphold Director's Decision	Date: _________________________				Approved by: ____________________________ [ ] Action [ ] Recommendation
	APPLICANT /DEVELOPER/OWNER
	Irvine Apartment Communities, Attn: Mark Kelly 550 Newport Center Drive, Suite 300 Newport Beach, CA 92660
PUBLIC AGENCY COMMENTS RECEIVED				Completed by: EL
Department of Public Works See Attached.
Other Departments and Agencies See attached memorandum from Fire Department and Environmental Services Department.
GENERAL CORRESPONDENCE
None Received.
ANALYSIS AND RECOMMENDATIONS

BACKGROUND

The applicant, The Irvine Company, is requesting a Conforming Planned Development Rezoning from A (PD) Planned Development to A(PD) Planned Development to allow the addition of up to three ground floor live/work or corporate housing units and up to 97 multi-family attached residential units and corresponding minor changes to the project street configuration and development standards. The maximum number of residential units allowed would be increased from 2,700 units to 2,800 units for the entire project site, a small percentage increase.

The original zoning for the project (PDC97-027) allowed development of 2400 total multi-family attached dwelling units on the subject 61.9 gross acre property. A Conforming Planned Development Rezoning was approved by City Council on January 9, 2001 to allow the reconfiguration of a previously approved multi-family residential development. Specifically, the rezoning approved the modification of the alignment of public streets within the project area to create a new parcel to be developed with a private recreation facility and to redistribute previously approved residential units among the remaining parcels. A subsequent Conforming Planned Development Rezoning was approved by City Council on December 4, 2001 to allow the addition of 300 multi-family residential units, increasing the maximum number of units to 2,700.

The subject site is roughly trapezoidal in shape. The site is bounded on the north, east and west by office uses and on the south by the undeveloped remainder of the original high-density residential planned area. Approximately 27.89 acres of the site is developed with six multi-family residential buildings (1343 units) and a five acre park. The developer also has obtained Planned Development Permits to construct three residential buildings, with up 979 units on an additional 14.53 acres.

PROJECT DESCRIPTION

The current zoning currently permits a 40,000 square foot health club facility on Parcel 1AA, located to the north of the site, directly adjacent to the five acre public Moitozo Park, in the center of the site. The project proposes to add up to three ground floor live/work or corporate housing units to the ground floor and up to 97 multi-family attached residential units to this parcel. This zoning currently permits a 40,000 square foot health club facility on parcel 1AA. In addition, the applicant also proposes to privatize a section of Palmilla Avenue, located between Parcel 1AA and Moitozo Park. The applicant will update and submit revised general development plans prior to the second City Council Hearing to provide minor clarification of the zoning requirements.

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 also been available to answer any questions from the public.

ENVIROMENTAL REVIEW

The environmental impacts of this project were addressed by a Final EIR entitled, "Final Environmental Impact Report for the Moitozo Ranch Residential Project," and certified on December 9, 1998 by the City of San José Planning Commission and adopted by the City of San José City Council Resolution No. 68667 on December 15, 1998.

A subsequent Traffic Impact Analysis for the proposed project for a slight increase in residential density at this site was completed by the Department of Public Works. The subject project was found to be in conformance with both the City of San Jose Transportation Level of Service Policy (Council Policy 5-3) and the Santa Clara County Congestion Management Program. Therefore, it was found that the one hundred additional units would not create additional traffic impacts beyond those previously analyzed..

GENERAL PLAN CONFORMANCE

The proposed rezoning is consistent with the San José 2020 General Plan Land Use/Transportation Diagram designation of Transit Corridor Residential (20+ DU/AC).

ANALYSIS

The key issue associated with this rezoning is consistency with the overall goals and objectives of the Planned Development (PD) Zoning previously approved by the City Council in PDC01-053.

The previously approved PD Zoning provided for a mixed-use development of high-density housing and support-commercial proximate to the light rail corridor and to the North San Jose employment center. The proposal for an addition of 100 units conforms to the General Plan Designation of Transit Corridor Residential (20+ DU/AC) by increasing the density of the project within the allowed density range. The addition of 100 units increases the currently approved density of 44 dwelling units per acre to 45 dwelling units per acre. In addition, because the project lies within the Rincon Redevelopment area, the developer is required to make 15 percent of the units available as affordable housing and this would apply to the new units as well. The proposed land uses will not be modified from those previously approved and the additional units will facilitate the development of multi-family residential units consistent with City policy.

Staff has determined that the proposed modification of the PD Zoning will meet the needs, goals and objectives of the City’s General Plan and Housing policy.

RECOMMENDATION

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 Transit Corridor Residential (20+ DU/AC).

2. The proposed project supports City Council direction to facilitate increased housing production, including affordable housing to light rail transit facilities.

3. The proposed addition of 100 units will not negatively affect the overall objectives of the approved zoning.

c: James B. Adams, Roma Design Group, 1527 Stockton Street, San Francisco, CA 94133

Mark Kelly, The Irvine Company, 550 Newport Center Drive, Suite 300, Newport Beach, CA 92660