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.: 11-06-01 Item
		File Number PDC01-08-083
STAFF REPORT		Application Type Conforming Planned Development Rezoning
		Council District 4
		Planning Area North San Jose
		Assessor's Parcel Number(s) 09725068
PROJECT DESCRIPTION		Completed by: EL
Location: West side of North First Street, either side of Component Drive
Gross Acreage: 40.92	Net Acreage: 40.92	N/A
Existing Zoning:: IP(PD)	Existing Use: Vacant
Proposed Zoning: IP(PD)	Proposed Use: Research and Development/Offices
GENERAL PLAN		Completed by: EL
Land Use/Transportation Diagram Designation IP Industrial Park		Project Conformance: [x] Yes [ ] No [ ] See Analysis and Recommendations
SURROUNDING LAND USES AND ZONING		Completed by: EL
North: Industrial, Hotel, Retail I Industrial and A(PD) Planned Development Zoning Districts
East: Industrial I Industrial Zoning Districts
South: Industrial I Industrial and Heavy Industrial Zoning Districts
West: Industrial and Vacant I Industrial, HI Heavy Industrial and A Agricultural Zoning Districts
ENVIRONMENTAL STATUS		Completed by: EL
[x] Environmental Impact Report found complete November 12, 1987 [ ] Negative Declaration circulated on		[ ] Exempt [ ] Environmental Review Incomplete
FILE HISTORY		Completed by: EL
Annexation Title: Orchard No. 69		Date: April 26, 1977
PLANNING DEPARTMENT RECOMMENDATIONS AND ACTION
[x] Approval [ ] Approval with Conditions [ ] Denial	Date: _________________________	Approved by: ____________________________ [ ] Action [ ] Recommendation
APPLICANT/DEVELOPER	OWNER
Frank Jesse BEA Systems, Inc. 2315 North First Street San Jose, CA 95131	Frank Jesse BEA Systems, Inc. 2315 North First Street San Jose, CA 95131

PUBLIC AGENCY COMMENTS RECEIVED Completed by: EL

Department of Public Works

See Attached

Other Departments and Agencies

Municipal Water, Fire Department, CPTED Program, Environmental Services, State of California Department of Transportation, Santa Clara Valley Transportation Authority, and County of Santa Clara.

GENERAL CORRESPONDENCE

None received

ANALYSIS AND RECOMMENDATIONS

BACKGROUND

The applicant, BEA Systems, Inc. is requesting to a conforming Planned Development Rezoning from IP(PD) Planned Development Zoning District to IP(PD) Planned Development Zoning District to allow a height increase from 90 to 105 feet along the portion of the site that fronts North First Street for research and development/office uses. Minor text modifications are also proposed to reflect traffic improvements that have been already completed and revised Zoning Ordinance requirements for bicycle/shower facilities.

A Planned Development Zoning (PDC93-05-017) for this 40.92 gross acre site was approved by City Council on March 1, 1994, permitting research and development uses and establishing a height limit of 90 feet for the portions along North First Street.

The project site is generally surrounded to the east, west, south and north by industrial uses. There are some minor hotel and commercial uses to the northeast of the site, mainly to provide support for the predominantly industrial uses in the area.

ENVIRONMENTAL REVIEW

The environmental impacts of this project were addressed by a Final EIR entitled, "Rincon de Los Esteros Redevelopment Plan," and findings were adopted by City Council Resolution No. 60197 on November 12, 1987.

GENERAL PLAN CONFORMANCE

The proposed conforming rezoning to IP(PD) Planned Development Zoning District is consistent with the San José 2020 General Plan Land Use/Transportation Diagram designation of IP Industrial Park.

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 PDC93-05-017. The PD rezoning proposes to increase the maximum height of buildings from 90 to 105 feet and some minor text modifications. The two modifications include changes to the traffic mitigation and the number of required bicycle/shower facilities from the original zoning

Height Change

The previously approved PD Zoning provides for approximately 3 million square feet of research and development/office uses proximate to the light rail corridor and to the North San Jose employment center. The proposed conforming rezoning would maintain the previously approved total square footage on the project site, but would allow the applicant to take advantage of a recently approved General Plan Amendment that raised the maximum height of buildings along the transit corridor to 120 feet. The proposed height change would allow the developer to reconfigure his site and building designs to build along North First Street to a height of up to 105 feet without adding square footage. This proposed height limit change will bring the zoning for this development into conformance with the General Plan and will be consistent with the City’s policies for industrial development, without lessening the overall quality of the project. The proposed land uses will not be modified from those previously approved and the reconfiguration will facilitate the development of industrial uses consistent with City policy along transit corridors.

Text Modifications for Traffic Mitigation

The proposed conforming PD rezoning will remove the traffic mitigation required in the original zoning that have already been completed by either the current property owner (BEA Systems, Inc.) or the previous developer (Agilent Technologies). There are two traffic mitigations that will still be required and kept in the new PD rezoning. The two remaining traffic mitigation requirements are:

1. North First Street and Component Drive. Provide an additional left-turn lane on the west leg.

2. De La Cruz/Trimble. The Trimble Bridge Project will provide temporary restriping to add an eastbound and westbound through lane. A contribution in the amount of $100,000 shall be paid towards the ultimate construction of the eastbound and westbound lanes.

The plan set as submitted by the applicant, attached to this staff report, lists a different mitigation in the place of the second requirement mentioned above. The applicant’s submittal requires the developer to provide an additional left-turn lane along De La Cruz Boulevard and Trimble Road. The applicant will be required to submit revised plans that removes the requirement to build the left-turn lane and replace it with the requirement to provide a contribution instead, as stated in the paragraph above and per the direction from the Department of Public Works.

The Department of Transportation, VTA and the County of Santa Clara comments request a new Transportation Impact Analysis (TIA) for this project. The Department of Public Works and planning staff have determined that because this project does not propose new square footage for this project, a new TIA is not necessary. The rezoning will allow a change in the building configuration and architecture only and therefore, will not create additional traffic impacts. The traffic impacts for this project were already analyzed and appropriate mitigation identified during the original zoning (PDC93-05-017) for this project site, and do not need to be updated. These agencies have been notified of this determination.

Text Modifications for Required Bicycle/Shower Facilities

The required number of bicycle/shower facilities has been modified in the conforming PD rezoning to reflect the requirements adopted in the most recent update to Title 20 of the San Jose Municipal Code or Zoning Ordinance, dated February 19, 2001.

Conclusion

Staff has determined that the proposed modification of the PD Zoning is minor and will not jeopardize the City’s overall objectives for the site, and can be supported as a conforming 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.

RECOMMENDATION

Planning staff recommends approval of the proposed Conforming Rezoning for the following reasons:

1. The proposed rezoning is consistent with the San Jose 2020 General Plan Land Use/Transportation designation of IP Industrial Park.

2. The proposed rezoning is compatible with surrounding land uses.

3. The proposed rezoning will facilitate redevelopment of the subject site in conformance with the General Plan.