MINUTES OF THE CITY COUNCIL

SAN JOSE, CALIFORNIA MONDAY, NOVEMBER 8, 1999

The Council of the City of San Jose convened at 7:04 p.m. in City Council Chambers at City Hall for the 1999 General Plan Annual Review.

Present: Council Members - Chavez, Dando, Diaz, Fiscalini, LeZotte, Matthews, Powers, Shirakawa, Jr., Woody; Gonzales.

Absent: Council Members - Diquisto (excused).

1999 ANNUAL REVIEW OF THE GENERAL PLAN

Mayor Gonzales stated this is the first evening of the City Council Public Hearing on the 1999 Annual Review of the General Plan; that copies of the agenda of the meeting and a public hearing schedule are available by the Chambers’ entrance, a copy of the General Plan Amendment Report containing Staff report for the 1999 Annual Review is available at the Press Table, and maps of proposed amendments are posted on the side wall of the Chambers. He stated amendments will be considered in the order shown on the agenda and any changes to the public hearing schedule will be made available to the public. He stated that motions made tonight by the City Council regarding amendments to the General plan are considered “tentative”, that at the November 15, 1999 hearing Council will address the need to reconsider any of the tentative votes made this evening, and at the conclusion of the last night of the public hearings, Council will take final action on the 1999 Annual Review. He stated tonight the Council will consider text amendments, except those proposed for a specific land use amendment, and land use amendments to the General Plan for Council Districts 2 and 6. He explained the procedure for public testimony from applicants and speakers in support and in opposition to the recommended action on General Plan Amendment requests.

Documents filed: (1) Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated October 19, 1999, presenting an Overview Report of the 1999 Annual Review of San José’s General Plan and the General Plan amendment requests by District. (2) City Council Hearing Schedule for the 1999 General Plan Annual Review. (3) Proof of Publication and Affidavit of Posting of the Notice of Public Hearing, submitted by the City Clerk.

CONSENT CALENDAR

Vice Mayor Fiscalini, seconded by Council Member Diaz, and unanimously carried, the Consent Calendar was approved and the below noted items taken as indicated. Vote: 10-0-1-0. Absent: Diquisto.

Citywide Text Amendments

GP99-T-1: Text Amendment to make minor corrections and modifications to the General Plan Text. (Staff). CEQA: EIR Resolution No. 65459. Staff recommends approval. Planning Commission recommends approval.

Discussion/Action: The recommendation of the Planning Director and the Planning Commission for said text amendment was tentatively approved. Vote: 10-0-1-0. Absent: Diquisto.

GP99-T-4: Text Amendment to modify the Urban Design Policies to allow building heights in excess of 45 feet at the southeast corner of Silver Creek Valley Boulevard and U.S. Highway 101. (McCandless Companies). CEQA: Negative Declaration. Staff recommends approval. Planning Commission recommends approval.

Discussion/Action: The recommendation of the Planning Director and the Planning Commission for said text amendment was tentatively approved. Vote: 10-0-1-0. Absent: Diquisto.

GP99-T-8: Text Amendment to modify the Residential Land Use Policies to include the Intensification Corridor Special Strategy Area development parameters specifying the minimum densities required for residential land uses within the Intensification Corridors. (Staff). CEQA: EIR Resolution No. 65459. Staff recommends approval. Planning Commission recommends approval.

Discussion/Action: The recommendation of the Planning Director and the Planning Commission for said text amendment was tentatively approved. Vote: 10-0-1-0. Absent: Diquisto.

GP99-T-9: Text Amendment to modify the Intensification Corridors Special Strategy Area to describe the intent and process of intensification more clearly and to reinforce key provisions of the Strategy. (Staff). CEQA: EIR Resolution No. 65459. Staff recommends approval. Planning Commission recommends approval.

Citywide Text Amendments

GP99-T-11: Text Amendment to modify the Traffic Level-of-Service Policies to refer to the geographic areas of the City that are subject to an Area Development Policy. (Staff). CEQA: EIR Resolution No. 65459. Staff recommends approval. Planning Commission recommends approval.

Discussion/Action: The recommendation of the Planning Director and the Planning Commission for said text amendment was tentatively approved. Vote: 10-0-1-0. Absent: Diquisto.

GP99-T-12: Text Amendment to modify the Special Strategy Areas to add an Area Development Policy Strategy, which describes what an Area Development Policy is and how it may be used. (Staff). CEQA: EIR Resolution No. 65459. Staff recommends approval. Planning Commission recommends approval.

Discussion/Action: The recommendation of the Planning Director and the Planning Commission for said text amendment was tentatively approved. Vote: 10-0-1-0. Absent: Diquisto.

GP99-T-13: Text Amendment to incorporate changes to the Transportation Bicycle Network Diagram (Staff). CEQA: EIR Resolution No. 65459. Staff recommends approval. Planning Commission recommends approval.

Discussion/Action: The recommendation of the Planning Director and the Planning Commission for said text amendment was tentatively approved. Vote: 10-0-1-0. Absent: Diquisto.

District 2

GP99-2-2: General Plan Amendment to change the Land Use/Transportation Diagram to realign a major collector generally bounded by Silver Creek Valley Road, Coyote Creek, and Hellyer Avenue to be coterminous with Piercy Road. (Staff). CEQA: EIR Resolution No. 65459. Staff recommends approval. Planning Commission recommends approval.

District 2

Discussion/Action: The recommendation of the Planning Director and the Planning Commission for said text amendment was tentatively approved. Vote: 10-0-1-0. Absent: Diquisto.

District 6

GP99-6-5: General Plan Amendment to change the Land Use/Transportation Diagram designation for property located on the southerly terminus of Nightingale Drive, east of Canoas Creek, from Urban Hillside to Medium Density Residential (8-16 DU/AC) and Private Open Space on a 7.9-acre site. (Gibson/Speno/HMH, Incorporated). CEQA: Negative Declaration. Staff recommends approval. Planning Commission recommends approval.

Discussion/Action: The recommendation of the Planning Director and the Planning Commission for said text amendment was tentatively approved. Vote: 10-0-1-0. Absent: Diquisto.

END OF CONSENT CALENDAR

PUBLIC HEARINGS

ITEMS FOR DISCUSSION

Citywide Text Amendments

GP99-T-5: Text Amendment to modify the Medium High Density Residential (12-25 DU/AC) land use designation to indicate that lands within 2,000 feet of a planned or existing transit station should be developed at a minimum density of 20 DU/AC. (Staff). CEQA: EIR Resolution No. 65459. Staff recommends approval. Planning Commission recommends approval.

Discussion/Action: Ken Brundage spoke in opposition. Upon motion by Council Member Diaz, seconded by Vice Mayor Fiscalini, and unanimously carried, the recom-mendation of the Planning Director and the Planning Commission for said text amendment was tentatively approved. Vote: 10-0-1-0. Absent: Diquisto.

ITEMS FOR DISCUSSION

Citywide Text Amendments

GP99-T-6: Text Amendment to modify the Residential Support for the Core Area (25+ DU/AC) land use designation to increase the required density floor from 25 DU/AC to 40 DU/AC. (Staff). CEQA: EIR Resolution No. 65459. Staff recommends approval. Planning Commission recommends approval.

Documents filed: Memorandum from Mayor Gonzales, Vice Mayor Fiscalini and Council Member Chavez, dated November 5, 1999, recommending Council deny the proposed text amendment that would amend the General Plan Residential Support for the Downtown Core Area land use designation to increase the required minimum density from 25 dwelling units per acre (DU/AC) to 40 DU/AC.

Discussion/Action: Steve Delva spoke in opposition. Referencing the memorandum he co-authored with the Mayor and Council Member Chavez which recommends the requested text amendment be denied, Vice Mayor Fiscalini stated modifying the required density floor on the Residential Support for the Core Area land use designation from 25 DU/AC to 40 DU/AC would limit the ability of policy makers, neighborhoods, and developers to build housing projects that benefit the communities in which they are situated and the City as a whole. Upon motion by Vice Mayor Fiscalini, seconded by Council Member Chavez and unanimously carried, the proposed Text Amendment was tentatively denied. Vote: 10-0-1-0. Absent: Diquisto.

GP99-T-10: Text Amendment to add a Residential Policy discouraging significant expansion of non-residential uses in areas designated for residential use. (Staff). CEQA: EIR Resolution No. 65459. Staff recommends approval. Planning Commission recommends approval.

Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Chavez, and unanimously carried, the recommendation of the Planning Director and the Planning Commission for said text amendment was tentatively approved. Vote: 10-0-1-0. Absent: Diquisto.

GP 99-T-15: Text Amendment to eliminate Commercial Development Policy (#7) regarding the location of new hotel development. (Staff). CEQA: EIR Resolution No. 65459. Staff recommends approval. Planning Commission recommends approval.

Discussion/Action: Council Member Chavez stated when the implementation component of the hotel policy comes back to Council, she would be interested in keeping Council involved in the planning and design decisions and requested Staff provide mechanisms whereby Council can participate in development of the hotels to insure their integration into surrounding areas. Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers, and unanimously carried, the recommendation of the Planning Director and the Planning Commission for said text amendment was tentatively approved, and Staff was directed to bring the Hotel Implementation Policy to City Council for modifications, including a definition of the City Council’s role in decisions regarding hotel development. Vote: 10-0-1-0. Absent: Diquisto.

District 6

GP99-6-1: General Plan Amendment to change the Land Use/Transportation Diagram to add an Intensification Corridor along Southwest Expressway from Highway 280 to Bascom Avenue. (Staff). CEQA: Negative Declaration. Staff recommends approval. Planning Commission recommends approval.

Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Chavez, and unanimously carried, the recommendation of the Planning Director and Planning Commission for said General Plan amendment was tentatively approved. Vote: 10-0-1-0. Absent: Diquisto.

GP99-T-7: Text Amendment to modify the Intensification Corridors Special Strategy Area to add the Vasona Light Rail Transit Corridor as a new Intensification Corridor. (Staff). CEQA: EIR Resolution No. 65459. Staff recommends approval. Planning Commission recommends approval.

Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers, and unanimously carried, the recommendation of the Planning Director and Planning Commission for said text amendment was tentatively approved. Vote: 10-0-1-0. Absent: Diquisto.

GP99-6-3: General Plan Amendment to change the Land Use/Transportation Diagram for property located at the south side of Stokes Street, 250 feet east of Bascom Avenue, from Neighborhood/Community Commercial to Transit Corridor Residential (20+ DU/AC) on a 3.57-acre site. (Melvin Yee et al./The Riding Group). CEQA: Negative Declaration. Staff recommends approval. Planning Commission recommends approval.

ITEMS FOR DISCUSSION

District 6

Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Powers, and unanimously carried, the recommendation of the Planning Director and Planning Commission for said amendment to Transit Corridor Residential (20+ DU/AC) on a 3.57-acre site was tentatively approved. Vote: 10-0-1-0. Absent: Diquisto.

GP 99-6-4: General Plan Amendment to change the Land Use/Transportation Diagram for property located at the southeasterly corner of Southwest Expressway and Fruitdale Avenue, from Neighborhood/Community Commercial to Transit Corridor Residential (20+ DU/AC) on a 12.7-acre site. (Staff). CEQA: Negative Declaration. Staff recommends approval. Planning Commission recommends approval.

Documents filed: Memorandum from Vice Mayor Fiscalini, dated November 5, 1999, recommending approval of the requested General Plan change to Transit Corridor Residential (20+ DUA) with Staff directed to verify that future projects include the following: (1) Along the southern edge of the property, adjacent to the two-story townhome developments (Wilshire Park and Village Court), the building heights must be no more than two stories over podium parking; and (2) Along the St. Elizabeth Drive edge of the property, residential buildings that front on St. Elizabeth must be no more than three stories over podium parking.

Discussion/Action: Vice Mayor Fiscalini referenced his memorandum which recom-mends approval of the Staff recommendation, with the conditions specified to be implemented at the Planned Development permit stage. He stated the conditions address concerns which were expressed at community meetings and that parking problems will be addressed at the appropriate Planned Development zoning hearings. He stated Staff is working with the developer concerning parkland dedications to be made on the property and to insure that develop-ment works with the existing development adjacent to the site. Upon motion by Vice Mayor Fiscalini, seconded by Council Member Diaz, and unanimously carried, the recommendation of the Planning Director and Planning Commission for said amendment to Transit Corridor Residential (20+ DU/AC) on a 12.7-acre site was tentatively approved, and Staff was directed to implement the conditions in Vice Mayor Fiscalini’s memorandum at the Planned Development Permit stage. Vote: 10-0-1-0. Absent: Diquisto.

ITEMS TO BE DEFERRED

GP99-2-1: General Plan Amendment to change the Land Use/Transportation Diagram for property located on the west side of Monterey Road, at the southeasterly base of Tulare Hill, from Campus Industrial to Public/Quasi-Public on approximately 20 acres. (Calpine/Bechtel Joint Venture/Strangis Properties). CEQA: Incomplete. Staff recommends deferral to future date to allow completion of an EIR equivalent document by the California Energy Commission. Planning Commission recommends deferral to future date to allow completion of an EIR equivalent document by the California Energy Commission.

Documents filed: (1) Memorandum from the San José Silicon Valley Chamber of Commerce, dated November 8, 1999, recommending Council defer the amendment to the Spring of 2000. (2) Approximately sixty individuals spoke about various aspects and concerns pertaining to the amendment request and recommendation for deferral.

Discussion/Action: Director of Planning, Building and Code Enforcement, James R. Derryberry, stated this amendment has been through an extensive community review process by community groups, that a thorough environmental analysis is being prepared by staff of the California Energy Commission and when completed will be utilized by the City as the equivalent of an Environmental Impact Report. He stated the environ-mental process identified a number of serious issues and Staff recommends this item be deferred until the analysis is completed and Council can have the benefit of the environmental analysis and Staff’s review of the analysis in order to make an informed decision. He stated the Planning Commission concurs with the recommendation for deferral, that Staff is working with the Energy Commission and the applicant and expects to bring the issue back to Council in the summer of 2000. Speaking on behalf of the applicant, Kurt Hildebrand, Vice President of Project Development for Calpine, spoke in support of the recommended deferral. He stated the project cannot and will not be licensed if it is shown to have any significant adverse impact to public health or the environment. In opening the public testimony portion of the meeting, Mayor Gonzales stated the issue before the Council tonight is not the application but the issue of the deferral, that speakers should address their comments accordingly. The following individuals spoke in support of the recommended deferral: Neil Struthers, Santa Clara County Building Trades. Karl Reid; Yahya Abdur Rabeem; Dennis Kelly; Carol Kelly, and Houghton F. Sawyer. Speaking in opposition to the deferral were Rob Malich, Issa Ajlouny; Elizabeth Cord, Santa Teresa Citizen Action Group; Timothy Auton; Mark Bloom, Santa Teresa Citizen Action Group; Paul Mitchell, Barbara Buchanan; Stephen K. Kelley; Jeff Wade; Robert E. Williams; Mike Gothus; Scott Scholz; Joern Maak, Action Group; Phill Pon; Nicole McNeil Smith; Lindsey Jensen; Donna Kehue; Robert Snively; Ken Kohler; Marcy Boller; Mike Murphy; Dan Gersbach; Carol Spitzer; Pamela Pritchard; Jim McCutchen; Ray Hutchings; Ruth G. Farrel, SKNA; John J. Ladasky; Henry Schade; Robert A. Wilson; Ann Webb; Kevin Schneider; Dan Leong; Ronald E. Parrish; Susan Wicks; Charles & Susan Wicks; Michael Powers; Kent Handelsman; June Potter; Steve Bowen; Jim Cosgrove; Eva Harvey; Tim Hayes; Kathy Chavez Napoli; Rita Helfrey; Mario Blaum; Michael Boyd; Don Larson; John J. Ladasky, Jr.; Heidi Grothus; Jeri L. Valdez; Donna Dobkin; Steve Langlois; Bader S. Kudsi. Mayor Gonzales closed the public testimony. In response to a question from Council Member Powers about whether this request could come before the Council again if it were denied tonight, Director Derryberry stated the applicant could reapply for this or any other amendment to be considered by Council next year; therefore, a denial tonight would not necessarily end the discussion on this issue. City Attorney Gallo stated Council is not the final decision-making authority on this issue as the City’s General Plan and zoning decisions can be overridden by the California Energy Commission (CEC). She advised that by making a careful decision with all of the pertinent information, Council would have a greater opportunity to influence the decision to be made by the CEC than if the request were denied prior to all of the information being available. Council Member Powers stated the CEC has not concluded its review and analysis of the yet-to-be completed environmental impact reports and until those findings and facts are known and circulated, it is not possible to make an informed decision. She moved approval of the Staff/Planning Commission recommendation for deferral of the request to a future date to allow completion of an EIR-equivalent document by the California Energy Commission. Council Member Chavez seconded the motion. Responding to a question by Mayor Gonzales regarding the timeline, Director Derryberry stated Staff is working with the CEC and the applicant to develop a schedule to allow ample time for the environmental process to be completed and for Staff review, with a target date of Council consideration after July 2000. Mayor Gonzales thanked the audience for their input and asked them to be patient and not prejudge the conclusion of the process based on the vote tonight. He stated the Council has heard their concerns and when the information is presented to the CEC, it is the Council’s desire to protect the best interests of the City and of the neighborhoods represented at this meeting. On a call for the question, the motion carried unanimously and the recommendation of the Planning Director and the Planning Commission for deferral to a future date to allow completion of an EIR equivalent document by the California Energy Commission was tentatively approved. Vote: 10-0-1-0. Absent: Diquisto.

GP99-6-2: General Plan Amendment to change the Land Use/Transportation Diagram for property located on the northeast corner of Southwest Expressway and South Bascom Avenue, from Neighborhood/Community Commercial to Transit Corridor Residential (20+ DU/AC) on a 6.8-acre site. (Staff). CEQA: Incomplete. Staff recommends deferral to the 2000 Annual Review. Planning Commission recommends deferral to the 2000 Annual Review.

Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Diaz, and unanimously carried, the recommendation of the Planning Director and the Planning Commission for deferral of this item to the 2000 Annual Review was tentatively approved. Vote: 10-0-1-0. Absent: Diquisto.

ADJOURNMENT

The Council of City of San José adjourned at 9:42 p.m. and continued the Public Hearing on the 1999 Annual Review of the General Plan to November 15, 1999, at 7:00 p.m. in the City Council Chambers.

RON GONZALES, MAYOR

ATTEST:

PATRICIA L. O’HEARN, CITY CLERK