DEPARTMENT: Development Services
DEPARTMENT HEAD: Roderick Sanchez
COUNCIL DISTRICTS IMPACTED: 3
SUBJECT:
Zoning Case Z2015134
SUMMARY:
Current Zoning: "I-1 H AHOD" General Industrial Mission Historic Airport Hazard Overlay District
Requested Zoning: "C-3 H AHOD" General Commercial Mission Historic Airport Hazard Overlay District
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: April 7, 2015
Case Manager: Oscar Aguilera, Planner
Property Owner: Bar - Yadin Family Foundation
Applicant: Flint Bourgeois
Representative: Flint Bourgeois
Location: 1219 Southeast Military
Legal Description: Lot 20, NCB 7676
Total Acreage: 1.451
Notices Mailed
Owners of Property within 200 feet: 11
Registered Neighborhood Associations within 200 feet: Mission San Jose Association
Planning Team: South Central San -11
Applicable Agencies: Historic Department.
Property Details
Property History: The subject property is located within the city limits as established by an annexation on September 25, 1952. Based on available records, the property was originally zoned as Temporary "R1" Residential Single-Family. On February 17, 2015 the property was changed to Historic "B" and on June 15, 1978 the property was rezoned to "I-1" A Historic Light Industrial District. Upon adoption of the 2001 Unified Development Code, the previous base zoning district converted to "I-1 H" General Industrial District.
Topography: The property does not include any abnormal physical features such as slope or inclusion in a flood plain.
Adjacent Base Zoning and Land Uses
Direction: North, West, and East
Current Base Zoning: "C-3"
Current Land Uses: Retail Center, Vacant Lot, Auto Sales, Parking Lot.
Direction: South
Current Base Zoning: "C-2"
Current Land Uses: Retail Center.
Overlay and Special District Information: All surrounding properties carry the "AHOD" Airport Hazard Overlay District, due to their proximity to an airport or approach path. The "AHOD" does not restrict permitted uses, but can require additional review of construction plans by both the Development Services Department and the Federal Aviation Administration.
All properties surrounding the subject properties are "H" Historically Significant District. Although the historic district does not restrict possible uses, it does require all construction plans to be review and approved by the City's Historic and Design Review Commission (HDRC).
Transportation
Thoroughfare: Military Drive
Existing Character: Primary Arterial Type A 120'; 2 lanes in each direction with turning lane and sidewalks
Proposed Changes: None known
Public Transit: The nearest VIA bus lines are number 550, 551 and 242 which operates along the subject property on SE Military.
Traffic Impact: A Traffic Impact Analysis (TIA) is not required. The traffic generated by the proposed development does not exceed the threshold requirements.
Parking Information: Bar - Minimum Parking Requirement: 1 unit per 100 sf. of GSF. Maximum Parking Requirement: 1 unit per 75 sf. of GSF.
ISSUE:
None.
ALTERNATIVES:
Denial of the zone change request will not allow the property to be rezoned to "C-3" General Commercial but rather remain "I-1" General Industial.
FISCAL IMPACT:
None.
RECOMMENDATION:
Staff Analysis and Recommendation: Staff and Zoning Commission (9-0) recommend Approval.
Criteria for Review: According to Section 35-421, zoning amendments shall be based on the approval criteria below.
1. Consistency:
The property is located within the South Central Neighborhood Plan and is currently designated as Regional Commercial in the future land use component of the plan. The requested "C-3" base zoning district is consistent with the adopted land use designation.
2. Adverse Impacts on Neighboring Lands:
Staff has found no evidence of likely adverse impacts on neighboring lands in relation to this zoning change request. The proposed use is consistent with the established development pattern of the neighborhood. The neighborhood is established with general commercial uses.
3. Suitability as Presently Zoned:
The existing "C-3" base zoning district is appropriate for the subject property. The neighborhood consists of mostly commercial uses. The requested Conditional Use is consistent with the existing development pattern in the neighborhood.
4. Health, Safety and Welfare:
Staff has found no indication of likely adverse effects on the public health, safety, or welfare.
5. Public Policy:
The request does not appear to conflict with any public policy objective.
6. Size of Tract:
The subject property is 1.451 of an acre in size, which is sufficient to accommodate the proposed bar and all required off-street parking requirements.
7. Other Factors:
None.