SAN JOSE CAPITAL OF SILICON VALLEY

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1 COUNCIL AGENDA: ITEM: ) (, j k>) SAN JOSE CAPITAL OF SILICON VALLEY CITY COUNCIL STAFF REPORT File No. C Applicant: Joseph and Nina Pavone Location Northeast corner of Lincoln Avenue and Savaker Street (590 Lincoln Avenue) Existing Zoning IP Industrial Park Council District 6 Historic Resource N/A Annexation Date: October 14,1925 CEQA: Envision San Jose 2040 General Plan EIR Resolution No APPLICATION SUMMARY: Conforming Rezoning from the IP Industrial Park Zoning District to the CIC Combined Industrial/Commercial Zoning District on a 0.4-gross acre site. RECOMMENDATION: Staff recommends that the City Council approve the proposed Conforming Rezoning. PROJECT DATA GENERAL PLAN CONSISTENCY General Plan Designation Coiuhincd Industrial/Commercial [Zj Consistent Inconsistent I Consistent Policies Implementation Policies IP-1.6 and IP-8.2 Inconsistcnt Policies N/A SURROUNDING USES General Plan Land Use Zoning Existing Use North Combined HI Heavy Industrial Industrial use Industrial/Commercial South Combined HI Heavy Industrial Industrial use Industrial/Commercial East Combined IP Industrial Park Industrial use Industrial/Commercial West Transit Residential A(PD) Planned Development Medical office

2 HONORABLE MAYOR AND CITY COUNCIL September 2,2015 Subject: File No. C Page 2 PROJECT DESCRIPTION On June 29, 2015, the property owner applied for a rezoning of the subject 0.4-gross acre site from the IP Industrial Park Zoning District to the CIC Combined Industrial/Commercial Zoning District. The site consists of one lot that is developed with an industrial building, and is surrounded by industrial uses to the north, south, and east, and a medical office to the west (Figure 1). The current IP Industrial Park Zoning District is intended for a wide variety of industrial uses such as research and development, manufacturing, assembly, testing, and offices. This zoning does not conform to the Envision San Jose 2040 General Plan Land Use/Transportation Diagram designation of Combined Industrial/Commercial, which allows flexibility for the development of a varied mixture of compatible commercial and industrial uses. The proposed CIC Zoning District conforms to the General Plan designation of the site and allows for a broad range of commercial uses with a local or regional market, including big box retail, and a narrower range of industrial uses, primarily industrial park in nature, but including some low-intensity light industrial uses. The purpose of the proposed rezoning is to allow for a more flexible set of uses that would include commercial uses, such as indoor commercial recreation, retail sales, and public eating establishments. ANALYSIS Envision San Jose 2040 General Plan Conformance Rgure j. Aeria,, mage of ^ gubject si(e The Combined Industrial/Commercial land use designation (Figure 2) allows a varied mixture of compatible commercial and industrial uses including hospitals and private community gathering facilities. Properties with this designation are intended for commercial, office, or industrial development or a compatible mix of these uses. This designation occurs in areas where the existing development pattern exhibits a mix of commercial and industrial land uses or in areas on the boundary between commercial and industrial uses. The proposed rezoning is consistent with Figure 2: General Plan Map

3 HONORABLE MAYOR AND CITY COUNCIL September 2, 2015 Subject: File No. C Page 3 this General Plan land use designation, as it allows for use of the subject site in a manner consistent with the existing mix of industrial and commercial uses, thereby maintaining the existing neighborhood form and character. Additionally, the rezoning is consistent with the following General Plan policies: 1. Implementation Policy IP-1.6: Ensure that proposals to rezone and prezone properties conform to the Land Use/Transportation Diagram and advance Envision General Plan vision, goals, and policies. Analysis: The Combined Industrial/Commercial Zoning District is the conforming zoning district for the Envision San Jose 2040 General Plan Land Use/Transportation Diagram's designation of Combined Industrial/Commercial, as indicated in the Zoning Ordinance. Rezoning the subject property to the CIC Zoning District would allow for commercial and industrial development that is consistent with the surrounding neighborhood in both form and density; thus, supporting the use of the property as envisioned under the General Plan. 2. Implementation Policy IP-8.2: Use the City's conventional zoning districts, contained in its Zoning Ordinance, to implement the Envision General Plan Land Use/Transportation Diagram. These districts include a range of allowed land uses, development intensities, and standards within major land use categories (residential, commercial and industrial) together with zoning districts for other land uses such as mixed-use and open space. The various ranges of allowed use and development intensity correspond generally to the respective Envision General Plan land use designations, while providing greater detail as to the appropriate land uses and form of development. Analysis: Consistent with this policy, the subject rezoning to the CIC Combined Industrial/Commercial Zoning District directly conforms to the General Plan's land use designation of Combined Industrial/Commercial. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Pursuant to Section 15168(c)(2) of the CEQA Guidelines, the City of San Jose has determined that the proposed rezoning is pursuant to, in furtherance of and within the scope of the Envision San Jose 2040 General Plan program, the impacts of which were analyzed and disclosed in the Final Environmental Impact Report (EIR) for the Envision San Jose 2040 General Plan, for. which findings were adopted by City Council Resolution No on November 1, The Program EIR was prepared for the comprehensive update and revision of all elements of the City of San Jose General Plan, including an extension of the planning timeframe to the year The proposed rezoning does not involve new significant effects beyond those analyzed in the Program EIR. A Determination of Consistency was prepared to evaluate greenhouse gas emissions, which confirmed that there would be a less than significant impact with respect to greenhouse gas emissions (see attached).

4 HONORABLE MAYOR AND CITY COUNCIL September 2,2015 Subject: File No. C Page 4 PUBLIC HEARING NOTIFICATION Staff followed Council Policy 6-30: Public Outreach Policy to inform the public about this project. A notice of the public hearing was distributed to the owners and tenants of all properties located within 500 feet of the project site and posted on the City website. The staff report is also posted on the City's website. Staff has been available to respond to questions from the public. No public comment letters have been received. Approved by: /s/ Harry Freitas, Director, Planning, Building and Code Enforcement Attachment: Exhibit B Map Determination of Consistency

5 REVISIONS 26 JUNE 2015

6 SAN JOSE CAPITAL OF SILICON VALLEY Department of Planning, Building and Code Enforcement HARRY FREITAS, DIRECTOR DETERMINATION OF CONSISTENCY WITH THE ENVISION SAN JOSE 2040 GENERAL PLAN FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT Pursuant to Section 15168(c)(2) of the CEQA Guidelines, the City of San Jose has prepared a Determination of Consistency to Envision San Jose 2040 General Plan Final Program Environmental Impact Report (FEIR) because minor changes made to the project, as described below, do not raise important new issues about the significant impacts on the environment. File Number and Project Name: C Lincoln Avenue Rezoning Conforming Rezoning from the IP Industrial Park Zoning District to the CIC Combined Industrial/Commercial Zoning District, on a 0.4-gross acre site. Location: The project is located on the northeast corner of Lincoln Avenue and Savaker Street (590 Lincoln Avenue). Assessor's Parcel Number: , Council District: 6 The environmental impacts of this project were addressed by a Final EIR entitled, "Envision San Jose 2040 General Plan Final Program Environmental Impact Report," and findings were adopted by City Council Resolution No on November 1, 2011, Specifically, the following impacts were reviewed and found to be adequately considered by the EIR: X Traffic and Circulation X Cultural Resources [X] Urban Services 1X1 Aesthetics X Energy XI Water Quality I I Greenhouse Gas Emissions 1X1 Soils and Geology X Hazardous Materials X Biotics Airport Considerations 1 1 Relocation Issues X Utilities X Noise X Land Use X Air Quality X Microclimate X Construction Period Impacts X Facilities and Services ANALYSIS: The proposed project was analyzed for environmental impacts resulting from the Rezoning and was found to be adequately analyzed, in all resource areas except for Greenhouse Gas Emissions, by the Envision San Jose 2040 General Plan Final Program Environmental Impact Report (FEIR). The Bay Area Air Quality Management District established three thresholds of significance standards for determining if a development project would have a significant impact due to GHG emissions. These standards are: (1) demonstrated compliance with a qualified Greenhouse Gas Reduction Strategy; or (2) have annual GHG emissions of less than 1,100 metric tons of carbon dioxide equivalent per year- (MT of C02e/yr); or (3) have annual GHG emissions of less than 4.6 metric tons per service population (residents plus employees). Projects that meet one of these three standards are considered to have a less-than-significant project impact for GI-IG emissions.

7 The BAAQMD, in their 2010 California Environmental Quality Act Air Quality Guidelines (2011 Update), established operational GHG screening criteria for GHG emissions based on land use type and project size using default emission assumptions in the URBEMIS GHG emission model. Projects smaller than the applicable screening criteria for the subject land use will not exceed the 1,100 MT of CCbe/yr GHG threshold of significance, and therefore will be considered to have a less than significant impact for GHG emissions. Projects larger than the BAAQMD screening criteria for the subject land use are required to analyze operational GHG emissions to determine if a significant GHG emission impact would occur. The project includes the rezoning of an approximate 0.4-gross acre site from the IP Industrial Park Zoning District to the Combined Industrial/Commercial Zoning District for the purpose of allowing a more flexible set of uses that would include commercial uses, Potential commercial uses not currently allowed under the existing IP zoning include retail, hotels, indoor gyms, gas stations, convenience stores, and restaurants. ' The site is developed with a 6,102-square foot industrial building. Due to the size of the site (0.4 gross acres) and the provision of off-street parking required by the Municipal Code, any future redevelopment of the site or change in land use in accordance with the new CIC Zoning District will be limited in scale and will likely be below the BAAQMD's operational GHG screening criteria. However, if future redevelopment of the site includes commercial uses that generate significantly more traffic than the existing industrial use (i.e. a supermarket, convenience store, gas station, fastfood restaurant, or use with a drive-through), a GHG analysis will be required at the Site Development or Conditional Use Permit stage to confirm that GHG emissions will be below BAAQMD thresholds.. Future development and uses on the site will be required to comply with General Plan Policies established for the purpose of reducing GHG emissions and will not conflict with any other applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases. The project is therefore considered to have a less than significant impact for GHG emissions. No new or more significant environmental impacts beyond those identified in the Envision San Jose 2040 General Plan Final Program Environmental Impact Report (FEIR) have been identified, nor have any new mitigation measures or alternatives which are considerably different from those analyzed in the FEIR been identified. Harry Freitas, Director Planning, Building and. Code Enforcement Project Manager: Rebecca Bustos