The applicant is requesting to rezone the subject 0.40 gross-acre site from the R-1-5 Single-family Residence Zoning District to the CG Commercial General Zoning District to allow commercial uses.
One parcel containing one existing single-family residence (circa 1920) is involved in the rezoning.
The parcel fronts onto San
Felipe Road. The level site is surrounded by vacant land to the north and west,
with single-family detached residences adjacent to the east and single-family
detached residences to the south across San Felipe Road.
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. The proposed rezoning conforms to the General Plan designation.
GENERAL PLAN CONFORMANCE
The San Jose 2020 General Plan Land Use/Transportation Diagram designation for the subject parcel is General Commercial. The proposed CG Commercial General Zoning District is consistent with this designation. This parcel is one of seven contiguous, irregularly shaped parcels that have the same General Plan designation. A General Plan Amendment (File No.GP90-8-4) for six of these parcels, not including the subject parcel, was approved in 1990. The Council gave specific City Council Direction that upon redevelopment that the parcels should be combined to form a single, cohesive commercial development that includes the preservation of the historic Smith House (located on one of the adjacent parcels). A subsequent General Plan Amendment (File No. GP92-8-5) for the subject parcel was approved in 1992 to change the General Plan designation from Medium Low Density Residential to General Commercial, which is consistent with the adjacent parcels.
The proposed rezoning to CG Commercial General will bring the existing residential zoning into conformance with the General Plan and facilitate implementation of uses on the site that are consistent with the General Commercial designation.
Through the Preliminary Review process, staff understands that it is the owner’s intention to convert the existing single-family house into a beauty salon. Staff has provided direction to the applicant that this proposed conversion will require review and approval of a Special Use Permit (SUP) process to determine conformance with the Zoning Ordinance and the Commercial Design Guidelines. As part of the SUP process, a traffic report will be required and the applicant will be required to record an irrevocable offer of dedication for up to fifty (50) feet of public right-of-way along San Felipe Road. The existing oak tree located along the project frontage should be relocated within the future park-strip in the ultimate right-of-way if possible.
Upon rezoning of the subject site, and until such time that a SUP is approved for conversion from residential to commercial use, the existing single-family detached structure and use shall be considered legal non-conforming. Upon approval of a SUP for conversion to commercial use, and implementation of street dedication and improvements, the commercial building will have a non-conforming front setback.
There have been several preliminary proposals over the past decade to assemble the contiguous commercially designated parcels to create a single retail/office development site. None of these proposals has resulted in a formal development application. Among the numerous challenges has been appropriate cooperation between the various property owners, significant requirements for street dedication and improvements, and lack of ability to provide appropriate traffic mitigation pursuant to the Evergreen Development Policy. Inclusion of the existing historic house on the adjoining property and numerous large trees has also contributed to challenges in the establishment of an appropriate site design.
The conversion of the existing structure represents a good interim proposal and should not substantially inhibit the ability to implement the City Council’s direction from the previous General Plan Amendments. Additional environmental review would be required if demolition of the existing structure were to be considered at a later date as opposed to a conversion of the existing structure. Staff would highly encourage the combining of lots and participation in the creation of a larger, well-planned commercial development. In the interim, conditions could be placed in the subsequent development permit to facilitate future cross access and opportunities for shared parking.
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 San Jose 2020 General Plan Land Use/Transportation Diagram designation of General Commercial.
2.The proposed rezoning will facilitate development of this site that is compatible with the surrounding uses.
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