MINUTES OF THE CITY COUNCIL

 

SAN JOSE, CALIFORNIA                                                THURSDAY, NOVEMBER 18, 1999

 

            The Council of the City of San Jose convened at 7:05 p.m. in City Council Chambers at City Hall for the 1999 General Plan Annual Review.

 

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

 

               Absent:       Council Members -  Diaz (excused), Diquisto (excused), Fiscalini (excused), LeZotte (excused).

 

1999 ANNUAL REVIEW OF THE GENERAL PLAN

 

            Mayor Gonzales stated this is the third evening of the Public Hearing on the 1999 Annual Review of the General Plan; that copies of the agenda of the meeting and public hearing schedule are available by the Chambers’ entrance, a copy of the General Plan Amendment Report containing Staff reports 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, that motions made tonight by the City Council regarding amendments to the General Plan are considered “tentative”, that the need to reconsider any of the tentative actions taken this evening will be addressed at the December 7, 1999 hearing, and at its conclusion, Council will take final action on the 1999 Annual Review. He stated tonight Council would consider land use amendments and associated text amendments to the General Plan for Council Districts 3, 8 and 10. 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) See General Plan minutes of November 8, 1999 memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated October 19, 1999, for an Overview Report of the 1999 Annual Review of San José’s General Plan and the General Plan amendment requests by District.

 

CONSENT CALENDAR

 

            Upon motion by Council Member Powers, seconded by Council Member Dando, and unanimously carried, the Consent Calendar was approved and the below noted items taken as indicated. Vote: 6-0-5-0. Absent: Diaz, Diquisto, Fiscalini, LeZotte, Matthews.

 

CONSENT CALENDAR

 

            GP99-3-6:  General Plan Amendment to change the Land Use/Transportation Diagram for property located at the east side of 4th Street and west side of 10th Street, between Reed Street and Interstate 280, and located at the east side of South 10th Street and both sides of South 11th Street, between East William Street and Interstate 280, from High Density Residential (25-40 DU/AC) and Medium Low Density Residential (8 DU/AC) to Medium Density Residential (8-16 DU/AC) on a 38.4 acre site. (Staff). CEQA: Resolution No. 65459. Staff recommends approval. Planning Commission recommends approval.

 

            Discussion/Action: The recommendation of the Planning Director and the Planning Commission for amendment to Medium Density Residential (8-16 DU/AC) on a 38.4-acre site was tentatively approved. Vote: 6-0-5-0. Absent: Diaz, Diquisto, Fiscalini, LeZotte, Matthews.

 

            GP99-3-7:  General Plan Amendment to change the Land Use/Transportation Diagram for property located on the east side of South 10th Street and both sides of South 11th Street, generally between East Santa Clara Street and East San Fernando Street, from Medium High Density Residential (12-25 DU/AC) to Medium Density Residential (8-16 DU/AC) on a 4.9 acre site. (Staff). CEQA: Resolution No. 65459. Staff recommends approval. Planning Commission recommends approval.

 

            Discussion/Action: The recommendation of the Planning Director and the Planning Commission for amendment to Medium Density Residential (8-16 DU/AC) on a 4.9-acre site was tentatively approved. Vote: 6-0-5-0. Absent: Diaz, Diquisto, Fiscalini, LeZotte, Matthews.

 

            GP99-8-3:  General Plan Amendment to change the Land Use/Transportation Diagram for property located at the west side of Capitol Expressway, approximately 200 feet north of Quimby Road, from Regional Commercial to Combined Industrial/Commercial on a 3-acre site. (Lion Venture Group/The Schoennauer Company). CEQA: Negative Declaration. Staff recommends approval. Planning Commission recommends approval.

 

            Discussion/Action: The recommendation of the Planning Director and the Planning Commission for amendment to Combined Industrial/Commercial on a 3-acre site was tentatively approved. Vote: 6-0-5-0. Absent: Diaz, Diquisto, Fiscalini, LeZotte,

 

            GP99-8-5:  General Plan Amendment to change the Land Use/Transportation Diagram for property located at Evergreen Valley Center, generally located south of Aborn Road and east of Alessandro Drive, from Village Center and Multi-Family Residential (Evergreen Planned Residential Community) to Village Center and Multi-Family Housing (Evergreen Planned Residential Community) on a 31.5 acre site. (Staff). CEQA:  Resolution No. 63179. Staff recommends approval. Planning Commission recommends approval.

 

            Discussion/Action: The recommendation of the Planning Director and the Planning Commission for amendment to Village Center and Multi-Family Housing (Evergreen Planned Residential Community) on a 31.5-acre site was tentatively approved. Vote: 6-0-5-0. Absent: Diaz, Diquisto, Fiscalini, LeZotte, Matthews.

 

            GP99-T-3:  Amend the Text to modify the Urban Design Policies to allow for building heights of up to 120 feet in the North Coyote Campus Industrial Area (1,444 acres). (Coyote Valley Research Park, LLC/Gibson Speno, LLC/Sobrato Development Companies). CEQA:  Negative Declaration. Staff recommends approval. Planning Commission recommends approval.

 

            Discussion/Action: The recommendation of the Planning Director and the Planning Commission was tentatively approved. Vote: 6-0-5-0. Absent: Diaz, Diquisto, Fiscalini, LeZotte, Matthews.

 

END OF CONSENT CALENDAR

 

PUBLIC HEARINGS

 

ITEMS FOR DISCUSSION

 

District 3

 

            GP99-3-1:  General Plan Amendment to change the Land Use/Transportation Diagram for property located on the north side of Newhall Street, approximately 1,000 feet westerly of Coleman Avenue, from Heavy Industrial to Combined Industrial/Commercial on a 21 acre site. (Union Pacific/Berliner Cohen). CEQA: Environmental Impact Report. Staff recommends No Change in the General Plan. Planning Commission recommends No Change in the General Plan.

 

            Documents filed: Memorandum from Berliner Cohen, dated November 18, 1999, requesting approval of the subject amendment request.

 

            Discussion/Action: Director of Planning, Building and Code Enforcement, James R. Derryberry, stated the Staff recommendation for No Change in the General Plan for this area of heavy industrial land use adjacent to the Union Pacific Railroad line. He stated Staff believes heavy industrial is the best land use along a heavy rail line and there is strong potential for development for other related heavy rail, such as BART and transit-related facilities in the area. He stated the proposal would allow commercial or office uses and the Environmental Impact Report (EIR) indicated those types of uses could be severely impacted by noise, traffic and air quality, so Staff is in favor of No Change in the General Plan at this time. Linda Callon, Berliner Cohen, representing Union Pacific, spoke in opposition of the Staff recommendation. She stated Union Pacific believes the proposed use would be consistent with the contiguous property and the EIR overstates the environmental impacts, and noted that when Union Pacific requested this amendment last year, they were told they had not met the deadline for the EIR. She stated it is unfair and not appropriate to not allow the owner to move forward on developing the property and if the rationale for denial is to preserve the land for future transportation use, Union Pacific would like to sell it to the public user. Council Member Chavez stated she supports the Staff recommendation. However, she would like to expedite the timeline in terms of how the land will be used and requested Staff work with her office, the Mayor’s office, and the VTA to try resolve this issue. Upon motion by Council Member Chavez, seconded by  Council Member Shirakawa, Jr., and unanimously carried, the recommendation of the Planning Director and the Planning Commission for No Change in the General Plan was tentatively approved. Vote: 7-0-4-0. Absent: Diaz, Diquisto, Fiscalini, LeZotte.

 

Items GP99-3-5 and GP99-T-16 were heard together:

 

            GP99-3-5:  General Plan Amendment to change the Land Use/Transportation Diagram for property located at the southwest and southeast corners of South 11th Street and East San Carlos Street, from Medium High Density Residential (12-25 DU/AC) to General Commercial on a 0.6-acre site. (Naglee Park Development Partnership). CEQA:  Negative Declaration for original Amendment request and Resolution No. 65459 for the additional 2.0 acre area in the staff recommendation. Staff recommends Mixed Use with no Underlying Designation on 0.6 acre and General Commercial on 2.0 acres. Planning Commission recommends  Mixed Use with no Underlying Designation on 0.6 acre and General Commercial on 2.0 acres.

 

            Discussion/Action: Director of Planning, Building and Code Enforcement, James R. Derryberry, stated the Staff recommendation is based on preserving through adaptive reuse as part of the South Campus Neighborhood Revitalization Plan some existing Victorian structures and Staff has added some territory to the amendment to reflect additional existing commercial uses directly across the street. Upon motion by Council Member Chavez, seconded by Council Member Shirakawa, Jr., and unanimously carried, the recommendation of the Planning Director and Planning Commission for Mixed Use with no Underlying Designation on 0.6 acre and General Commercial on 2.0 acres was tentatively approved. Vote: 7-0-4-0. Absent: Diaz, Diquisto, Fiscalini, LeZotte.

 

            GP99-T-16:  Text Amendment to add two Mixed Use Inventory (Appendix F) definitions for properties on South 11th Street at San Carlos Street. CEQA: Resolution No. 65459. Staff recommends approval. Planning Commission recommends approval.

 

            Discussion/Action: Upon motion by Council Member Chavez, seconded by Council Member Shirakawa, Jr., and unanimously carried, the recommendation of the Planning Director and Planning Commission for approval of said Text Amendment was tentatively approved. Vote: 7-0-4-0. Absent: Diaz, Diquisto, Fiscalini, LeZotte.

 

District 8

 

            GP99-8-1:  General Plan Amendment to change the Land Use/Transportation Diagram for property located at the northeast corner of South White Road and Tully Road (portion of Pleasant Hills Golf Course), from Private Recreation to Medium Density Residential (8-16 DU/AC) on a 55-acre site. (Greystone Homes, Inc./HMH, Incorporated). CEQA:  Incomplete. Staff recommends Denial of the request for deferral. Planning Commission recommends Denial of the request for deferral and No Change in the General Plan.

 

            Documents filed: Letter from Borelli Investment Company, dated November 18, 1999, representing the Duino Family Partners, LP, requesting the subject amendment request be deferred to the 2000 General Plan process.

 

            Discussion/Action: Director of Planning, Building and Code Enforcement, James R. Derryberry, stated this is the Pleasant Hills Golf Course site, which is designated for recreation. Because no traffic upgrades or other infrastructure exist, there is no traffic capacity either short-term or long-term for residential development of the property, he stated Staff and the Planning Commission recommend denial of the request. Buddy Parsons, representing the applicant, read a letter from Mr. Duino, the Managing Partner of the Duino Family Partners, LP, stating that documents to complete the application process were delayed due to the death of his parents and the subsequent estate proceedings, and requesting Council defer the subject amendment for one year. Council Member Woody asked Staff to respond to the speaker’s comments that the applicant’s property was overlooked for future traffic allocations and inclusion in the Evergreen Specific plan. Director Derryberry stated the Evergreen Specific Plan included approximately 850 contiguous acres in various ownerships, primarily vacant land, the owners of which were able to come together and formulate a specific plan and agreed to impose certain charges upon themselves to fund the infrastructure, which was possible because the properties were vacant and unfettered in terms of future development, and were contiguous. He stated the properties were in an area of Evergreen that had historically been identified as an area that could not develop until additional transportation capacity and infrastructure were funded. During that same history, Pleasant Hills Golf Course has been a golf course, and he stated there was no secret to the fact the City was doing a Specific Plan, in what was a very open and public process lasting approximately one year. He stated the subject property is a different land use in a different location and was not included because the Evergreen Specific Plan properties were vacant land in the southernmost area of Evergreen, which was naturally the last area to develop. Council Member Woody stated the residents who live in that Evergreen area want to see something developed as a golf course and do not necessarily believe that is the best place for high density residential, and moved to deny applicant’s request for deferral and accept the Staff recommendation for denial. Council Member Shirakawa, Jr. seconded the motion, and stated for the record that he does not accept the rationale given by Staff and thinks it unfair to the owners that their property was not included in the Evergreen Specific Plan, especially because other properties not zoned for housing are being built out. Upon motion by Council Member Woody, seconded by Council Member Shirakawa, Jr., and unanimously carried, the applicant’s request for deferral was denied and the recommendation of the Planning Director and Planning Commission for No Change in the General Plan was tentatively approved. Vote: 7-0-4-0. Absent: Diaz, Diquisto, Fiscalini, LeZotte.

 

            GP99-8-4:  General Plan Amendment to change the Land Use/Transportation Diagram for property located at the west side of Cadwallader Avenue, southerly of Country Vista Court, from Rural Residential (0.2 DU/AC) (Silver Creek Planned Residential Community) to Low Density Residential (5 DU/AC) (Silver Creek Planned Residential Community) on an 8.6 acre site. (Braddock & Logan/MacKay & Somps). CEQA:  Negative Declaration. Staff recommends No Change in the General Plan. Planning Commission recommends No Change in the General Plan.

 

            Documents filed: (1) Undated letter from the applicant, Linda Bartlett, requesting Council approval of the subject amendment request. (2) Vicinity Map submitted by Hank Young on behalf of the applicant.

 

            Discussion/Action: Director of Planning, Building and Code Enforcement, James R. Derryberry, stated this site is surrounded existing development and is developed at a rural residential intensity, that there are three existing single family homes on the property. He stated the property contains slopes and has a drainage swale running through it, and to preserve the integrity of the site, Staff believes it should be preserved at its current development intensity, which is consistent with the General Plan. He stated a number of concerns have been raised by the surrounding neighbors about developing this property more intensely and for those reasons Staff and the Planning Commission recommend No Change in the General Plan. Hank Young, on behalf of the applicant, submitted a map of the area, and asked to amend the General Plan request from five DU/AC to three DU/AC and requested a deferral to the 2000 General Plan hearings in order to work with the neighborhood to resolve their concerns the following individuals addressed Council on this issue. Robert Sikora spoke in opposition to the amendment; Linda Bartlett, the applicant, stated that concerns about her property being too hilly for the proposed amendment are unfounded, and requested a deferral to the 2000 General Plan. Fred Delvey and Demetrio Pinto spoke in opposition to the amendment; Michael Pianka and David Murgolati stated they could support development of the property if access issues can be resolved. Nick Tali spoke in support of the amendment, and Josephine Deluex expressed opposition to the requested amendment. Council Member Woody asked Staff to address the issue of what density is appropriate for the site. Director Derryberry stated when the Silver Creek Planned Residential Community was created, the subject property was identified as one of significant slopes and other geologic issues and Staff believes its development with three units is consistent with the planned residential community and appropriate and Staff recommends it be retained at that level of development. Upon motion by Council Member Woody, seconded by  Council Member Shirakawa, Jr., and unanimously carried, the request for deferral to the 2000 General Plan was denied and the Staff recommendation for No Change in the General Plan was tentatively approved. Vote: 7-0-4-0. Absent: Diaz, Diquisto, Fiscalini, LeZotte.

 

District 10

 

            GP99-10-1: General Plan Amendment to change the Land Use/Transportation Diagram for property located at the southwest corner of Branham Lane and Vista Park Drive, from Neighborhood/Community Commercial to Medium Density Residential (8-16 DU/AC) on a 9.1-acre site. CEQA: Negative Declaration. Staff recommends approval. Planning Commission recommends approval.

 

            Documents filed: Memorandum from Council Member Dando, dated November 17, 1999, recommending approval of said amendment.

 

            Discussion/Action: Director Derryberry stated staff is supporting this amendment because the modest increase in density is consistent with development in the surrounding area. Henry Cord, for the applicant, Pepper Lane Properties, stated they have  good relationship with the community that meetings have been held, and the applicant will work through the zoning and permits stages to develop a project that works well for everyone. Chris Bang, expressed concerns that this General Plan change will open the door too much higher densities than are reasonable or appropriate for the property, and requested that if approved, limits are placed on future developments in this area. Dave Fadness, for VEP Homeowners Association, stated VEP membership unanimously endorsed the concept of a maximum of 12 DU/AC on the property. While understanding the 8-12 DU/AC designation has been replaced by the designation of 8-16 DU/AC, he stated 12 units is a better number because all properties in the surrounding area are zoned R1-B6, and there is concern about that high a density would impact schools and traffic and interface with the single family residences behind the property. Council Member Dando stated the community meetings had addressed the expectations of the neighborhood and stated her office will work with Staff to address the density issues. Upon motion by Council Member Dando, seconded by Council Member Woody, and unanimously carried, the recommendation of the Planning Director and Planning Commission for amendment to Medium Density Residential (8-16 DU/AC) on a 9.1-acre site was tentatively approved. Vote: 7-0-4-0. Absent: Diaz, Diquisto, Fiscalini, LeZotte.

 

            GP99-10-2: General Plan Amendment to change the Land Use/Transportation Diagram for property located at the north side of Blossom Hill Road, 250 feet west of Cahalan Avenue, from Medium Low Density Residential (8 DU/AC) to Medium Density Residential (8-16 DU/AC) on a 6.8-acre site. (San Jose Water Company/Gibson Speno). CEQA: Negative Declaration. Staff recommends approval. Planning Commission recommends approval.

 

            Documents filed: Memorandum from Council Member Dando, dated November 17, 1999, recommending approval of said amendment, with neighborhood concerns about traffic, storm sewer drainage, subsidence, fence construction, loss of trees, and rear setbacks, to be addressed at the project review stage.

 

            Discussion/Action: Bo Radanovich, on behalf of the applicant, Gibson Speno, stated the majority of the site that is part of this application is owned by the San José Water Company and contained a facility not used by the Water Company in over ten years. He stated recent activity on the site to remove the reservoir and cap and close wells has raised concerns the neighbors at two community meetings, and the applicant has worked to address those concerns, will continue dialogue with the neighborhood and has committed to a small lot single family product on the site. Sara Garberino stated her opposition to the proposed amendment, and that of her neighbor, Mrs. Kang, whose interpreter was unable to come, based on concerns about increasing the amount of flooding which already occurs in the area. She stated any construction would diminish the natural drainage and add considerably to the storm drain load. She wanted to know specifically what would be done to improve the storm drain capacity and address the potential damage from the settling of the properties, and prevent future erosion, such as a retaining wall or bringing consistency to the grading. Council Member Dando stated there has been a great deal of flooding in the area and requested Staff conduct an analysis of the drainage issues and grading and make recommendations to address the problems at the project stage. Upon motion by Council Member Dando, seconded by Council Member Woody, and unanimously carried, the recommendation of the Planning Director and Planning Commission was tentatively approved and Staff was directed to analyze the storm drainage issues for report and recommendation to Council at the Planned Development stage. Vote: 7-0-4-0. Absent: Diaz, Diquisto, Fiscalini, LeZotte.

 

ADJOURNMENT

 

               The Council of the City of San José adjourned the meeting at 7:58 p.m. and continued the Public Hearing on the 1999 Annual Review of the General Plan to December 7, 1999, at 7:00 p.m. in the City Council Chambers.

 

 

RON GONZALES, MAYOR

 

ATTEST:

PATRICIA L. O’HEARN. CITY CLERK